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City Council - 03/18/1980
JOHN D. FRAME EDEN PRAIRIE CITY COUNCIL ( TUESDAY, MARCH 18, 1980 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave 4 Osterholt, Sidney Pauly and Paul Redpath f( COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger Finance Director John Frane; Director of Community Services Bob Lambert; Engineer Carl Jullie, and Joyce Provo, Recording Secretary INVOCATION PLEDGE-OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. CONSENT CALENDAR A. Clerk's License List Page 734 B. Change Order No. 1 , I.C. 51-319, Norseman Industrial Park 2nd, Page 735 West 74th Street. C. Confirming transfer of Outlots A and B, Shady Oak' Industrial Page 738 Park 2nd D. Request to set Public Hearing for Minnesota Vikings for Municipal Industrial Development Bond approval in the amount of $6,000,000.00 from April 1, 1980 to April 15, 1980. III. PUBLIC HEARINGS A. Request for Municipal Industrial Development Bond approval for Page 741 Tekcom Properties in the amount of 51,250,000.00 (continued from February 197l980) Resolution No. 80-21 B. Norseman Industrial Park 4th Addition by Herleiv Helle. Request Page 742 to rezone 4,89 acres from Rural to I-2 and preliminary plat 1 in- dustrial lot. Located north of West 74th Street, 945 feet west of Washington Avenue. (Ordinance No. 80-07 and Resolution No. 80- 41) C. Sunset Trails by Countryside Investments, Inc. Request to rezone Page 756 9 acres from Rural to R1-13.5 and preliminary plat 18 lots for single family homes. Located west of Duck Lake Road and north of Sunset Ridge and Valley Knolls Additions. (Ordinance No. 80-09 and Resolution No. 80-42) D. Gonyea PUD by Gonyea Investment. Request for PUD Concept Page 798 approval for medium density residential, elderly housing, offices and restaurant uses on 37 acres. Located in the NE corner of TH 5 and Co. Rd. 4 (Resolution No. 80-43) E. R uest for Municipal Industrial Development Bond approval for Page 834 ston andTean Lundgren in the amount o-$300,000.00. (Resolution No. 80-58) ir Council Agenda -2- Tues.,x March 18, 1980 F. Reque t for Municipal Industrial Development Bond approval Page 846 for Steven & Bruce Hoyt in the amount of $2,035,000.00. (Resolution No. 80-57 G. Vacation of Public Roadway in Section 1-116-22 east of Shady Page 859 Oak Road. (Resolution No. 80-60) H. Rymarland Camp 2nd Addition by Milton Quam. Request to rezone Page 862 23 acres from Rural to R1-13.5 and RM 6.5 and preliminary plat l3 single family lots and 56 lots for duplexes. IV. PAYMENT OF CLAIMS NDS. 7671 - 7931 Page 863 V. ORDINANCES AND RESOLUTIONS A. 2nd Reading of Ordinance No. 79-35, rezoning .78 acres from Page 867 C-Comm to Office for Multi-tenant office building, Mile West Office Building, by Bud Andrus and developer's agreement. B. Final approval of MIDB'S McGlynn Bakeries $1,300,000. Page 880 (Resolution No. 80-59) C. Resolution approving Dedication of Elementary School Sites Page 881 (Resolution No. R80-62) VI. REPORTS OF OFFICERS, BOARDS & COMM'ISSIONS A. Reports of Council Members B. Report of City Attorney C. Report of City Manager D. Report of Director of Community Services 1. Appraisals of Neighborhood Park Property Page 882 2. Tree Disease Program Page 885 3. Lake Management Program Page 888 E. Report of City Engineer 1. Consider bids for Stage I improvements on Valley View Road Page 900 and flames Way, I.C. 51-325A, and site grading at Round Lake Park, I.C. 51-325B (Resolution No. 80-53) (Continued from March 4, 1980) 2. Survey Correction for Harry Rogers Property Page 905 F. Report of Finance Director 1. Report from Ehlers & Association on sale of park bonds Page 909 (continued from March 4, 1980) 2. Report on additional liquor operation Page 910 Council Agenda -3- Tues., March 18, 1980 p i 3. Referendum on Municipal Liquor Page 911 VII. NEW BUSINESS VIII. ADJOURNMENT . I; • • • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 18, 1980 CONTRACTOR (1 & 2 Family) FOOD HANDLERS TYPE A Beyond Builders Winchell's Donut House 8ruce Bren Homes Kee Construction MECHANICAL DEVICE Nordeen Construction Movies at Eden Prairie S. M. Builders, Inc. S. Peterson Construction, Inc. GARBAGE & REFUSE COLLECTION CONTRACTOR (Multi-Family & Comm.) Ralph W. Bright Knutson Construction Co. DRIVE IN THEATRE Ryan Construction Co. Flying Cloud Drive In James Steele Construction Co. • Wilson Learning Corporation HEATING & VENTILATING Air Systems Centraire, Inc. Climate Engineering Cronstrom's Heating & Air Conditioning Fredrickson Heating & Air Conditioning K & K Heating & Plumbing, Inc. Kleve Heating & Air Conditioning, Inc. Yale, Inc. GAS FITTER Cronstrom's Heating & Air Conditioning, Inc. Gas Supply, Inc. K & K Heating & Plumbing, Inc. Kleve Heating & Air Conditioing, Inc. Termex Corporation Yale, Inc. PLUMBING K & K Heating & Plumbing, Inc. These licenses have been approved by the department head responsible for the licensed activity. • Cindy M. Plante, Licensing e erk • • l March 11, 1980 Mr. Carl Jullie, P.E. City Engineer 8950 Eden Prairie Road ' Eden Prairie, Minnesota 55343 RE: NORSEMEN INDUSTRIAL PARK I.C. 51-319 RCM FILE. 781001 • Dear Carl: Attached here to is the Final Estimate together with Change Order No. 1 for the above referenced project. Change Order No. 1 serves two purposes. It is a "house keeping" tool in that it adjusts all the contract quantities to "as rteke constructed" quantities. • It also adjusts the unit price for carton concrete curb and gutter and bituminous street construction for „otter the portions of this work that were delayed until 1979 due to ssoclatesinc easement problems. artltdeds lane engineers Northdale began construction of this project early in the planners summer of 1978. In August they began preparations for curb and gutter and bituminous street construction on West 74th street. At that time we discovered the absence of an easement for a portion of the West 74th street right of way from Condor Corpor- ation, an adjacent property owner. We were not sucessful in obtaining a right of entry and street construction was delayed. In the fall of 1978, we placed bituminous base on the available sections of West 74th street but delayed the remainder of street construction until 1979 while awaiting the easement from Condor Corporation. The Condor Corporation easement was obtained and street construction completed this last summer. The Contractor has requested an increase in the unit prices for work delayed until 1979. The following is a summary of those items. r • iC'' •S'S'rret LON" r:,t�•� „r,nPso:a 55343 6L'P3 t?al /J J Mr. Carl Jullie, P.E. Norsemen Industrial Park Page Two Item 1978 Price 1979 Price Curb & Gutter $ 5.00/LF $ 5.50/LF Bituminous Base 10.00/TON 10.85/TON Bituminous Binder 11.00/TON 11.97/TON Bituminous Wear 11.50/TON 12.47/TON Bituminous Material 100.00/TON 134.50/TON We are of the opinion that the delay is a justification for the increases claimed and that the unit prices requested for work per- formed in 1979 are reasonable and are consistent with bid prices received for similar work in 1979. Note that even with the increases in prices for work delayed to 1979, the project is being completed at a cost overrun of less than 1 percent of the original contract amount. Please advise if you have additional questions regarding the attached final estimate and change order. Very truly yours, RIEKE CARROLL MULLER ASSOCIATES, INC. i7 Alan D. Gray L • // AG/sh (/ Ut-rutpj 0,1 tw.Q C.o. i 1 , f.G.s 1-311 6119,04 Sit L/W • LI • CHANGE ORDER NO. 1 DATED 3/10/80 PROJECT: Norsemen Industrial Park ENGINEER'S PROJECT NO. 781001 OWNER: City of Eden Prairie CONTRACT DATE: June 22, 1978 OWNER'S PROJECT NO. I.C. 51-319 TO: Northdale Construction Company, Inc. ,CONTRACTOR You are directed to make the changes noted below in the subject contrary: OWNER: City of Eden Prairie BY: • DATE: NATURE OF THE CHANGE: Make additions and deletions to the contract quantities and unit prices in accordance with the attached Schedule of Adjustments. ENCLOSURES: Letter describing changes with justification. The changes result in the following adjustment of Contract Price=WTiimc Contract Price Prior to this Change Order: $ 244,193.50 Net (Increase)(@ktXas.40 Resulting from this Change Order $ 2,223.42 Current Contract Price Including This Change Order $ 246,416.92 Contract Time Prior to This Order Calendar Days Net(lncrease)(Decrease)Resulting from This Change Order Calendar Days ,Current Contract Time Including This Change Order Calendar Days The Above Changes are Approved: The Above Changes are Accepted: Rieke Carroll Muller Associates, Inc. Northdale Construction Company, Inc. • ENGINEER CONTRACTOR BY: By:itii t.c. Z'1YU +. J---� DATE: Date: 1//Vp G (12) 7a 7 MEMO TO: Mayor Penzel and Members of the City Council THROUGH Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: March 13, 1980 SUBJECT: Resolution No. R80-61 Outlots A and B, Shady Oak Industrial Park 2nd Minnesota Title Insurance Co. has requested that the City Council adopt a •. resolution confirming that the above referenced OUtlots, as shown on the attached drawing, have been transferred to the owners of the adjacent lots in the Shady Oak Industrial Park 2nd Addition. Such transfer was completed by the City per Document #4525782, filed Nov. 30, 1979, pursuant to the City's purchase agreement with Edwin and Edward Dvorak. The con- tents of the resolution were prepared.by Roger Pauly's office. • CJJ:kh Attachment 7;0 • March 18, 1980 4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-61 RESOLUTION CONFIRMING TRANSFER OF O.L. A AND B, SHADY OAK INDUSTRIAL PARK 2ND ADDITION RESOLVED that the City Council of the City of Eden Prairie hereby authorizes, confirms and ratifies the execution and delivery of that certain Quit Claim Deed, dated November 6, 1979, filed November 30, 1979, Document #4525782, from the City of Eden Prairie, as Grantor, to Melvin G. Astleford, Archie N. Carter, Donald F. Hagen and Herbert A. Mason, as Grant- ees, as to Outlots A and B, Shady Oak Industrial Park 2nd Addition ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • • 1, ... ) • . i 1 ( ; - -is. ,,,.. . . . . .-r- . . , i • • . , :-. , • .- ... - t1J . ,. .. . .,.., ,, •- - -,- n. • ...-.•,, .... - , 4•4 0 ;...'1:0 • -4 ts, • ,,, Z )\-' % •;,,N - Cl Iv INc• -,-., . 0 f\, ty , -• -... - (./N7 / -.,•9',6c. Q_ '.-' -0 --'• "' (.4 ac, . c),,_••:.•- ."‘.,..;': ' 's 1.1.1 . ( '• .. 0 . , ,...... I..' 0 ')•.C...... '.'s'i) •-,:) -2i •'• .-":" .= - s..-- ' ,c.;'-' '' •• 0 ;:1/4'. — ' • 4 ,,,, ,0 ,(.... ..•„,.. • „. . ,k?..•pN., t,,c, 0 .4-_, , .., c),,,•' -;. .:•., -:?5,< s•:-. \ ;c,'` 4•.?,' \ /0,,.. .. .:,) .2. , •••••-1, (4 cl L....2-...., ' ';--'-' -'-; 4, ,,,,.3 ,Z' - ; 45-t• • ,• - - :-•a '• N., , ,.' -'--6:4..:,- •, • • . . . ,.",..„0( . ,. . • • •,41.) ) : • : 'al ! . ../..".f :•.,( 7 .c'-,` =''' .-. "-'-.F." ' '-: :It -,-; z,-, .: - • Z ,354-...,.!, - • '..:--; ': , ,.• -- - 0 • , t.';' ;,:',. ••:'.' , .; --if-4 -- : . • .-' • 1 . • . t- -•-• -.. - . • :LI -:. : - .- .' ' — . 11_ La_t ,- , (...„, ..„.,. . — . . - • W - ii ...,, . . . , . . • .. •- • . • .• . ..... .DWG mutschIe.13101 WEST 58T1 i STREET•EOIMA,MMNESOTA 55435•RHONEB 820-8703 S ASSOC.an March 14, 1980 Mr. John D. Frane Finance Director CITY OF EDEN PRAIRIE 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 RE: "TekCom Properties" Request for Municipal Industrial Development Bond ( Resolution #80-21 Dear Mr. Frane: At the January 22, 1980 meeting of Eden Prairie Village Counsel, the above bond request was continued at our request to the Counsel Meeting scheduled for February 19, 1980 and subsequently we re- quested that it be rescheduled for March 18, 1980. We how have agreements for leases for 7500 square feet of office space plus a "Letter of Intent" on 2500 square feet of office space for a total of 10000 of office space or 50% of the total office space available. We have agreements for leases for 30,000 square feet of warehouse and a Letter of Intent on 10,000 square feet for a total of 40,000 square feet or 100% of the warehouse space available. Over all we have 83.3% of the available space leased and/or Letter of Intent. Also one client has an option on 10,000 square feet of warehouse covered by the Letter of Intent. ncerely, John C. Mutschler JOHN G. MUTSCHLER & ASSOCIATES, INC. JGM/pas 74i/ • t• CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANTI a. Business Name - Tekcom Properties • b. Business Address - 7586 Washington Avenue South Eden Prairie, Minnesota 55344 C. Business Form (corporation, partnership, sole proprietor- ship, etc.) - Partnership d. State of Incorporation or•organization - • Minnesota e. Authorized Representative • Ronald Schwinkendorf • 2. . Phone - 941-4148 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a. Ron Schwinkendorf, 6500 Warren, Edina, Minnesota b. John G. Mutschler, 6516 Warren, Edina, Minnesota e • • -1- 9 si/ 4 A ( T • • • I 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL f PRODUCTS, ETC: Packager of electronic components into forms suitable for automated electronic assembly operation. • • • 4. DESCRIPTION OF PROJECT Office/warehouse building a. Location and intended'use: Lot 4, block 1, Shady Oak Industrial • Park, Third Addition. Office, warehouse and light assembly. 43, v-e9 s9 {r b. Present ownership of project site: Richard W. Anderson, Inc. c. Names and address of architect, engineer, and general contractor: To be ascertained. , 5. ESTIMATED PROJECT COST FOR: • Land $ 354.000 Building • $ 1,546,000 Equipment $ • Other $ 78,000 • • Total $ 1,978,000 • • _2_ 7y/ i3 6. BOND ISSUE - ( • a. Amount of proposed bond issue - $1,250,000 b. Proposed date of sale of bond - 6/1/80 c. Length of bond issue and proposed maturities - 30 years d. Proposed original purchaser of bonds - Not available at this time. Miller & Schroeder Investment Corp. is the placement agent. e. Name and address of suggested trustee - N/A f. Copy of any agreement between Applicant and original purchaser - N/A g. Describe any interim financing sought or available - Construction mortgage to be placed with a banking institution. h. Describe nature and amount of any permanent financing in addition to bond financing - None 7.. BUSINESS PROFILE OF APPLICANT. a. Are you located in the City of Eden Prairie? Yes b. Number of employees in Eden Prairie? i. Before this project: 19 e. • 7 V/C w ' ii. After this project? 45 c. Approximate annual sales - $675,000 d. Length of time in business 5 years in Eden Prairie 4 veers e. Do you have plants in other locations? If so, where? No f. Are you engaged in international trade? MP • 8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "releated person" within the meaning of Section 103(b)(8) of the Internal Revenue Code. None • • -4- 7sfa • • b. List all cities in which the Applicant has requested industrial revenue development financing. C None • • .. s f c. Detail the status of any request the Applicant has.before any other city for industrial development revenue financing. None • d. List any city in which the Applicant has been refused industrial development revenue financing. • None • • • • e. List any city (and the project name) where the Applicant has lcaprovalied reliminafy au horizingpproval to the financing eed but has in has been denied. fin in al app None • _5 7 V/6 4 . (-C . f. If Applicant has been denied industriialideveloi development ( revenue financing in' any other city as ed in (d) or (e), specify the reason(s) for the denial and the name(s) of appropriate city officials who have knowledge of the transaction. None I 9. NM.ES AND ADDRESS OP: a. Underwriter (If public offering) N/A ' (• b. Private Placement Purchaser (If private placement) The respective purchaser of this tax exempt mortgage will be a financial institution such as a life insurance company or a savings and loan association. We intend to close this transaction toward the end of the first quarter 1980; there- fore we have not received a written commitm • i. If lender will not commit until City has passed its preliminary resolution approving the project, submit a letter from proposed lender that it has an interest in the offering subject to appropriate City, approval and approval of the Commissioner of Securities. , I . • 1 • i ' -6- 7 ,V7047 • • • • • ( b. Bond Counsel - Dorsey, Windhorst, Hannaford, Whitney c and Halladay. • c. Corporate Counsel -Stan Efron of Hansen & Efron • 1200 Title Insurance Building Minneapolis, MN 55414 . d. Accountant - Dave Lurie, • ' Glickman, Lurie, Eiger, Besikof, LTD 621 Lilac Drive, Minneapolis, MN 55422 • 10. WHAT IS YOUR TARGET DATE FOR: • • a. Construction start - January 1, 1980 b. Construction completion - June 1, 1980 • • • FOR FURTHER INFORMATION CONTACT: The-undersigned Applicant.understands that the approval or disapproval by the City of Eden Prairie for Industrial Development bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provision or requirement relating to any zoning, building, or other rule or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this project. • • j11 1 Applicant by • • • ilea,oda--3 /9/9- . • Date -7- 7 V/ 11. ZONING - TO BE COMPLETED BY THE CITY PLANNING DEPARTMENT (- a. Property is zoned - ?Aunt •-• t go etitigr4 fog_ • t tt.1El To TZ 31, b. Present zoning (is) 'is not correct for the intended use. c. Zoning application received on for which is correct for the • intenaed use. d. Variances required - _ • • • 01&. City Planner V CL • • • • • • • • -8- 7 ,1/ f- ti RESOLUTION NO. gD 42/ RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUS- TRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECUR- ITIES FOR APPROVAL; AND AUTHORIZING • PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the.City Council of the City of Eden Prairie, Minnesota (the City), as follows: SECTION 1 �(f Recitals and Findings 1.1. This Council has received a proposal that the City finance a proposed project under Minnesota Statutes, Chapter 474 (the Act) , consisting of the acquisition of a parcel of land and the con- struction and equipping thereon of an office and warehouse facil- ity (the Project) by Tekcom Properties, a limited partner- ( ship (the Borrower), to be leased by the Borrower to Tekcom, Inc., a packager of electronic components. 1.2. At a public hearing, duly noticed and held on , ' 1979, in accordance with the Act, on the proposal to undertake and finance the Project, all parties who appeared at the hearing _ were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. Based on such hearing and such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The welfare of the State of Minnesota requires active promotion, attraction, encouragement and develop- ment of economically sound industry and commerce through governmental acts to prevent, so far as possible, emer- gence of blighted lands and areas of chronic unemploy- ment, and the State has encouraged local government units to act to prevent such economic deterioration. (b) The Project would further the general purposes contemplated and described in Section 474.01 of the Act. (c) The existence of the Project would add to the ( tax base of the City, Hennepin County and the School District in which the Project is located and would pro- vide increased opportunities for employment for resi- dents of the City and surrounding area. 7ft/ S (d) This Council has been advised by Miller & Schroeder Investment Corp., agent for the Borrower (the Agent), that conventional, commercial financing to pay the cost of the Project is available only on a limited basis and at such high costs of borrowing that the econ- omic feasibility of operating the Project would be sig- nificantly reduced, but that with the aid of municipal borrowing, and its resulting lower borrowing cost, the Project is economically more feasible. (e) This Council has also been advised by the Agent that on the basis of their discussions with po- tential buyers of tax-exempt bonds, revenue bonds of the City could be issued and sold upon favorable rates and • terms to finance the Project. (f) The City is authorized by the Act to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Borrower, and the Borrower represents to the City that issuance of such bonds by the City would be a substantial inducement to the Borrower to acquire and construct the Project. { SECTION 2 Preliminary Approval of Project 2.1. On the basis of information given the City to date, it ap • - pears that it would be in the best interest of the City to issue its revenue bonds under the provisions of the Act to finance the Project in an amount not exceeding $1,250,000. 2.2. It is hereby determined to proceed with the Project and its financing and the Project is hereby given preliminary approval by the City and the issuance of revenue bonds of the City (which may be in the form of a commercial development revenue note or notes) up to such amount is hereby approved, subject to the ap- proval of the Project by the Commissioner of Securities, the ful- fillment of such other conditions as the City may require with respect to the issuance of its bonds in connection with the Pro- ject, and the mutual agreement of this Council and the Borrower as to the details of the bond issue and provisions for their pay- ment. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the Project, and each bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. -2- 7y/ J 2.3. The form of the Application to the Commissioner of Secur- ities, with attachments, is hereby approved, and the Mayor and City Manager are authorized to execute said documents in behalf of the City. 2.4. In accordance with Section 474.10, Subdivision 7a of the Act, the Mayor, City Manager, and Finance Director/Clerk are hereby authorized and directed to cause said Application to be submitted to the Commissioner of Securities for approval of the Project. The Mayor, City Manager, Finance Director/Clerk, City Attorney and other officers, employees and agents of the City are hereby authorized and directed to provide the Commissioner with any preliminary information the Commissioner may need for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. SECTION 3 General 3.1. If the bonds are issued and sold, the City will enter into a lease, sale or loan agreement or similar agreement satisfying the requirements of the Act (the Revenue Agreement) with the Bor- rower. The lease rentals, installment sale payments, loan pay- ments or other amounts payable by the Borrower to the City under the Revenue Agreement shall be sufficient to pay the principal, interest and prepayment premium, if any, on the bonds as and when the same shall become due and payable. 3.2. The adoption of this resolution does not constitute a guar- antee or a firm commitment that the City will issue and sell the bonds as requested by the Borrower. The City retains the right in its sole discretion to withdraw from participation, and accordingly not issue the bonds, should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the bonds or should the parties to the transaction be unable to reach agree- ment as to the structuring of the financing or as to the terms and conditions of any of the documents required for the transac- tion. 3.3. The Borrower has agreed and it is hereby determined that any and all direct and indirect costs incurred by the City in connec- tion with this Project, whether or not the Project is carried to completion, and whether or not approved by the Commissioner of Securities, and whether or not the City by resolution authorizes the issuance of the bonds, will be paid by the Borrower upon re- quest. 3.4. The City will require the Borrower, if the bonds are issued 3- 7✓/ V • t1 and sold, to provide the information necessary to comply with the provisions of Minnesota Statutes, Section 474.01, Subdivision 8. Mayor • Attest: • Finance Director/Clerk The motion for the adoption of the foregoing resolution • was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted and was signed by the Mayor whose signature was attested by the Finance Director/Clerk. • • • -4- 41/ 1- • STAFF REPORT • TO: Planning Commission FROM: Chris Enger, Director of Planning PROJECT: Norseman Industrial Park 4th APPLICANT: Herleiv Helle LOCATION: South of Valley View Road. North of the extension of West 74th Street, West of Wash- ington Avenue. REQUEST: 1. Rezoning to 1-2 Park 2. Preliminary Plat approval of 1 lot DATE: February 8, 1980 BACKGROUND The site is presently zoned Rural and the requsted rezoning to 1-2 Park is consistent with the Smetana Lake Plan and the '79 Guide Plan. REQUEST Mr. Helle is requesting preliminary plat approval for a 4.8 acre lot and rezoning of that lot to industrial, I-2 Park. EXISTING SITE CHARACTER The Site has been graveled and does not contain any significant vegetation or trees. A few poplars and box elder exist along the northern 1/2 of the western lot line. From the southern corner of the site to the northern portion abutting the Hillger and Bearman residences, the site rises from 868 to 900 feet. GRADING The final grades will basically conform to what exists on the site today, with the exception that the sedimentation pond will be filled. The northern portion of the property adjacent to the resident will slope down from a 906 elevation at 2:1 slope to 880. The balance of the site will be relatively flat, slope south at a 2-3: slope. • .Al2. 4 •.,,rt-Norseman Ind. Pk. 4 , -31 78'P K Ill � �. I 2 PRK 12-z ;`� -� _ LrI'.I t .L :---- \ iv. j ~•O rbTATes / - -7f't t.. s ie pa -..-..-:..7-.- i''• •I-lii." ! "tir:_-_, • -- ,11 S.B7"Z '.16 W. "`! 1.�aa� -.L_ , • N'v :ION a L ...Ito,/ S1. `„Siff r9.04N At,.O fir,-dv/ , 1 =:a. ') �. Sr'/ jam" • t • •j' i it' u / 4.• - t`__-- --.-..-._,..�� z,i65 64 ,�,-4 i1 tl F t:.•• . ••• ; . G�i:" , Il� _ = /// d 1J'C3 5; / ;il 1 1 ' ,1•'j s t • t - ...sf. [:/B5P8 �` sr� � c S 1°' .,P•SIZ 46 I ..... 7lf • -77 I . —4 (_....._______I________ -PROPOSED STREET I ) • N n 1. r en S .-j L____. 0 REALIGNED WADY YIEW_II DLQ $ r lal N_ • O �T F17 4 - • --�� 4o 4Q _ vzv t° i CM 'S 'S O ..N � Fmo • a CD ^,gym j tr, „), ACVrn Cy... Naa / a to VmCV to 1/ NCRSttAAN 1 - ,.- ::.•141'. . r / �� +OOk ro o . F 0 W O , ;, 30'B-0 WITH B610(_ 0$ CURB 0 GUTTER. rr w t o .. • 8 Art�;T;•N i nd 1w W 8 P — N L t 3d3d$ t A;; h 7. = i' g• n 1�1./�:..1., ••AVE. I ' I,1 24iNG10H • 4 • • 1 • FIG. 2 . • • 1 ..•scman Industrial Park 4th -2- February 8, 1980 STORM SEWER SYSTEM In order to accomodate storm drainage from the previous Norseman Additions and drainage from West 74th Street, a 48" storm sewer pipe from West 74th Street was outletted into a sedimentation pond which currantly exists on the site. Mr. Helle has petitioned the City for extension of this storm sewer and R.C.M. (the City's Engineering consultant) is finishing up the feasibility study. The route of the storm sewer to 9-Mile Creek has now been agreed upon by Mr. Helle, Mr. Pearson (property owner affected to the south) and the Engineering Staff. Figure 3 illustrates the route of the•storm sewer. • • ,' -- : 1212 _, itO1 E ::!.,.. ! ,. TT-t9 i . -2PK l CREt MU ORSEMA �i11 1 • F. _ :,.....,.. ...d .. HELL OND STO M E ER N Vi ( .. `.. �� 1 ; V ''XISTING PEARSOg POND N,. 11.1 1.411, �1 y =_� as �. • :G . _1.----" 'NI ft '-- VA • . 13 C-RE G FIG. 3 '`�N` The water is to he routed to an approximately 2 acre pond area to be con- structed on Mr. llelle's southwestern property corner. This pond will over flow through an outlet to he constructed to an existing pond on Mr. Peareon's property (located in the flood plain). An outlet to 9-Mile Creel. Hill b,• constructed and this second pond will also act as a sedimentation pond. { This storm improvement must be in place before Norseman 4th Addition can be graded, thereby eliminating the existing ponding area. 1 7 .6 i • .seman Industrial Park 4th -3- February 8, 1980 • • ORDINANCE REQUIREMENTS: I-2 Park Minimum lot size 2 acres Setbacks: Front 50 ft Minimum width 200 ft. sides 20:40 ft Minimum depth 300 ft. rear 25 ft Maximum height of structure - 40 ft. The 4.89 acre industrial site is of adequate size so that no variance for setbacks should be requested. The developer stated that even though the builder/user is unknown at this time, all construction will be to code and • ordinance requirements. • SITE PLAN No building type or location is shown on the application material submitted by the proponent. Within the written material Mr. Helle states that as the user is not known, the design of a building for the site would only be speculation. Any building constructed upon the site would be required to meet all ordi- nance requirements and building codes. TRANSPORTATION The 4.89 acre site has access to West 74th Street along 2/3 of its southern boundary. The plat depicts an additional 185 feet of West 74th Street (70' ROW) in order to bring the street to the property's western boundary. West 74th Street should be extended at least to the 4th Addition western property line. • Realignment of Valley View Road through the Smetana Lake Sector occurs 340 feet to the West of the 4th Addition within land owned by Mr. Helle. With- in the development plans submitted for Norseman Industrial 3rd Addition, Mr. Helle depicted a favorable alignment location (see fig. 2) for Valley View Road. The easement agreement for the alignment expired in October 1979. This is an important road network for the sector. In order to develop any property past the 4th Addition, the developer should be required to construct the piece of Valley View road connecting down to West 74th Street so that there are two ways in and out and West 74th Street as a 1400 long cul-de- sac can be connected. RECOMMENDATIONS The Planning Staff would recommend approval of the plat of l lot and rc:oning from Rural to I-2 contingent upon the following. 1. West 74th Street should be extended to the 4th Addition's western boundary by the developer. 2. The lot shall be subject to full payment of the cash park fee. 3. That the plat be reviewed and approved by the City Engineer. 4. Subject to Watershed District review and approval. Owner shall notify City and Watershed District 48 hours prior to grading. .rseman Industrial Park 4th -4- February 8, 1989 S. Grading shall not occur or the existing sedimentation pond filled until the storm sewer to 9-Mile Creek is installed. 6. All loading,parking, and mechanical equipment shall be screened. 7. The road system must be connected to Valley View Road as a part of any future development. • • C NJIy Unapproved r Planning Commission Minutes -4- February 11, 1980 of building the totlot on thier development, High Trails, located across the street. They have talked to Bob Lambert about this { trade and it has his approval. lie also stated that they plan to donate the remaining 12 acres to the City, providing tax laws permit them to use the donation for tax purposes. They are also hoping the City will waive the cash park fee on these eighteen lots. MOTION: Gartner moved, Levitt seconded to close the public • hearing. Motion carried 4 - 0. MOTION: Gartner moved, Levitt seconded that the Planning Com- • mission recommend to the City Council approval of the rezoning from Rural to Rl-I3.5 according to the plat dated February 1980, • per the staff report dated 2-7-80 and the Countryside Invest- ment letter dated 2-11-80. Motion carried 4 - 0. MOTION: Gartner moved, Levitt seconded that the Planning Com- mission recommend to the City Council approval of the prelimi- nary platting of 18 lots according to the plat dated February 1980, per the staff report dated 2-7-Rn, and the CountrysirIA Investment letter dated 2-11-80. Motion carried 4 - 0. B. NORSEMAN INDUSTRAIL PARK 4th ADDITION, by Herleiv Helle. Request to preliminary plat 1 lot and rezone 4.89 acres from Rural to I-2 Park. Located north of West 74th Street, 945 feet west of Washington Avenue South. A continued public hearing. George Hoff, representing Mr. Helle gave a brief presentation explaining that Mr. Helle is.asking for rezoning to I-2 Park and preliminary plat approval and that no variances will be needed. He stated that the major improvements were the extension of West 74th Street and the solution to the storm sewer problem. The Planner went over the recommendations of the staff report dated February S, 1939. Bentley inquired exactly what was planned for the storm sewer. The Planner went over the statements made under the topic of storm sewer system in the staff report dated February 8, 1980. lie stated that this system is planned to be a permanent solu- tion. Levitt stated that there is a large slope in the northern por- tion of this site. lie inquired how much of this bill will be graded. Hoff replied that they are not planning to grcde any part of that area. Levitt inquired if there were any erosion problems presently and if any erosion control efforts are planned. • Hoff stated that there have not been any erosion problems in this area, and that if there were any type of erosion problems they would actually be improved by the development of this • land. 7111 • Unapproved l Planning Commission Minutes -5- February 11, 1980 Levitt inquired exactly what the City was proposing Mr. Helle do in regards to the extension of hest 74th Street. "l The Planner replied that the staff feels that Mr. Helle should extend West 74th Street to the 4th addition western boundary. Bentley inquired who would obtain the responsibility of the maintenance of the sedimentation pond. • The Planner replied that this responsibility would be the City's. MOTION: Levitt moved, Gartner seconded to close the public hearing. Motion carried 4 - 0. • MOTION: Levitt moved, Gartner seconded that the Planning Com- mission'recommend to the City Council approval of the rezoning • from Rural to I-2 Park according to the plat dated 12-19-79 and per the staff report dated 2-8-80. Motion carried 4 - 0. MOTION: Levitt moved, Gartner seconded that the Planning Com- mission recommend to the City Council approval of the prelimi- nary platting of 1 lot according to the plat dated 12-19-79 and per the staff report dated 2-8-80. Motion carried 4 - 0. C. TIMBER CREEK, by B-T Land Company. Request for Planned Unit Development approval on 150 acres for 136 single family, 120 quadraminiums units, 43 eightpiex units, and a 2.3 acre com- munity commercial site. A public hearing. The Planner gave a brief summary of the developers request. Peter Jarvis, From B.R.W. Engineers, gave a brief presentation stating that this type of development (PUD) was approved in 1972 but that because of some complication it was not followed through.He•explained the number and type of units promised for this site and stated that they tried to set up a meeting with the concerned neighboring residents but that the residents felt that a meeting at this time was unnecessary. { Jack Lynch gave a brief presentation explaining the location • of the site and its various characteristics. He explained the drainage systems and utilities proposed. lie then explained the site plans and what was planned for the park area. Greg Beauvais,15724 Park Terrace Drive irquired about the con- venience store and the amount of traffic• impact it would have on County Road 4. Jim Cardinal. 15701 West 62nd Street stated that he feels that Eden Prairie does not have enough through streets, and that this development simply connects two roads that are already through streets. He then inquired what amount of traffic impact this development will have on Townline Road. Phone: 933-1144 HERLEIV HELLE 6138 Arctic Way Edina,Minnesota 55436 November 5, 1979 City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Attn: Mr. Chris Enger Planning Director Gentlemen: The following is in response to your October 31, 1979 letter with a list of requests regarding my zoning request for Norseman Ind. Park, 4th Addi- tion. 0 Attached is: 1. A filled in application form. 2. A check for $326.00. Grading Plan: I did instruct my surveyor to prepare agrading map which I hope will be forthcoming soon. It will show grading elevation in relation to pro- posed street grade and the neighbor on the north side. A contour map along this line will be shown. Building Relation to Neighbor: I expect the drawing to show the floor of the building will be about 25 feet below the house so no view will be blocked. A 25 foot drop graded 2:1 requires a horizontal distance of 50 feet plus a driveway of at least 40 feet gives a distance of 90-100 feet from building to property line. My guess is that the house next door is located 100-150 feet north of the propery line which would make a distance of 200-250 feet between the home and our industrial building. Utility Plan: Sanitary service is in place and the balance of the improvement has been petitioned for, and the council ordered a feasibility study which is underway. City of Eden Prairie -2- November 5, 1979 Cross Section of Street: Drawings were made of street section when the improvement was made, iP years ago, and it has been in the City possession since. Vegetation Plan: No trees (but one) and the whole area has been excavated so the vegeta- tion consists of rough grass and other hardy plants (also known as weeds). Architectural Planning: To make architectural drawings of buildings never to be built is a waste of talent•and economic resources, when the user is not known. A user has a requirement to satisfy his need and he will design it ac- cordingly. Of course he has to comply with City code, but for me or anybody else to guess his needs is impossible. I will be happy and proud to show you the buildings already erected in Norseman Industrial Park. I think they are not second to many, if any. I intend to continue my effort to have nice buildings in my industrial parks. I will cooperate as much as reasonably possible and I hope this satis- fies your request for this little addition. I have been witness to this summer to see passing and approval of 100 acres development on picture and drawings which more or less resemble sketches. I believe in law and regulation, but just as important is equal enforcement of it. Sincerei you • Herieiv Helie HH:jc Attachments V'—Phonc. 933-1144 • • HERLEIV HELLE 6138 Arctic Way Edina,Minnesota 55436 October 24, 1979 City of Eden Prairie City Staff City Planning Commission City Council • PLATTING AND ZONING REQUEST FOR NORSEMAN INDUSTRIAL PARK 4TH ADD. Zoning: My proposal is to rezone and plat 4.89 acres from rural to I-2 Park. This zoning was recommended in your 1968 guide plan, the Maculan report of September 4, 1973, Staff Report of October, 1973, and also in Staff Report of June 20, 1974. The latest guide plan also recommends I-2 zoning. Adjacent property on the east and partly on the south is I-2 zoning. West property line borders owner's gravel pit. The plot itself is part of the gravel pit. On the north side it borders a 4 acre parcel, no. '2405 which is also located in a proposed I-2 zoning. It is owned by Mr. E. Mrs. Charles R. Hillger and they have their home there. Platting: The size of the area would permit two lots, but I decided on one lot. • I also dedicate to the City 70 feet of right of way for 74th Street extention. Utilities: Sanitary sewer is already installed. Storm sewer must be extended to the west border of my gravel pit. Approximately one-half acre of my land appears to be in the 9 Mile Creek water shed and would be suitable for a collection pond for silt and sand. Water and road extention is required. • —I -2 • - Owner has petitioned the City for said improvements and a feasability study is underway. Future Plan: • We have attached Plat III in order to make it possible for you to get an idea of possible future layout of our land. West 74th Street is placed on top of the sanitary sewer. We also show relocated County Road 39, also known as Alignment 5. When Norseman Industrial Park II Addition was platted, the city de- manded, and I agreed, to make it possible for the city or county to p1.-ce an industrial road through this area. It is a floating easement so to speak. It will be noted that my zoning and plat- ting request does not interfere with relocation of 39. Further- more, it shows• it is not spot platting but part of a system. If there are any questions regarding this proposal I will try to answer them at a meeting in city hall. I am hoping for a fast approval of my proposal. At the present time I have noth- ing to market before I get this approved. My previous additions are sold out. • Attached is: Platting proposal Sketch of possible street layout on all my land Very ruly yours, • Herleiv Helle • HH:ca • • •------ - , 0/1"----1- - I 1 I . • • . . . - I • - -- _____ PROPOSED STREET -...„ i cts . 1 . .. -- I I -1 I-1 ----1----.- „....._®„,„........._ tw 0 - .... . w i ... • ...... o o •! .• 1 1 I I °CA 0 , • •• , e). J 0 o . 4 .1 7 7_____r_x\r....... ___..............__- 11161h... . / ra c(1:6 yara / . HORSEIW4 XLIStRI/V- •,, N • . 0C.1 4: 0 fi' ' tik .. Xi .... 0 1 36'B-a WITH 6 618 PII CURB a GUTTER. . w I / ADDITIC'14 • i5- %. .... g / t rr:1 \La ,7, g I / • 1 A III CI •-• I Co4 -es 0 .•. P. .*.• 1\ . -4 A v 13 ( z no •-• z a %C.:4' ! r."44:S i J ! • .P.I;v1/./41,1 '' VIAS-HINGTON • 'a . 1 7 ..... , ------. • PLATE ILL — STREETS . . . . . _. '7'-i-2/ • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.80-41 RESOLUTION APPROVING THE PRELIMINARY PLAT OF NORSEMAN INDUSTRIAL PARK 4TH ADDITION BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Norseman Industrial Park 4th Addition dated Dec. 19. 1g7g , a copy of which is attached hereto and amended as follows: is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the 18 day of March 1980. Wolfgang H. Penzei, Mayor John D. Frane, City Clerk SEAL ?w-s- January 13, 1980 Mr. Wm. Bearman, Chairman • Eden Prairie Planning Commission 8950 Eden Prairie Road Eden Prairie, MN 55344 • RE, Proposed Land Development West of Duck Lake Road and North of Valley Knolls Dear Chairman Beaman, At the Planning Commission meeting of 10 December 1979, a public hearing was held on Countryside Investments Inc.'s request to rezone from rural to RM 6.5 and preliminary plat 21 acres into 20 duplex lots. There was a significant amount of concern by local residents and a petition was brought before the Planning Commission outlining three major objections to the Countryside proposal. These objections were: proposed land use of non-owner occupied rental housing, encroachment into an area designated in the Land Use Plan as public open space flood plain and park, and loss of already dedicated park land to accommodate a future access road and two building lots. The item was postponed and local residents and the developer were asked to work together to see if a settlement of these problems could be mutually arrived at. Since that meeting, the local residents have met as a group on four occasions. A committee was elected to represent the residents and this committee has met once independently, once with the developers, and once with the City Planner and Community Service Director. Within the last several days, it was discovered that the DNR has jurisdiction over a portion of the site defined by them as "shallow water marsh". The extent of this jurisdiction is unknown to the residents as of the date of this letter. In addition, it appears City Ordinance 276, designating and regulating flood plains, applies to any development on this site. Section 4(a) states that where the official flood plain profile does not designate otherwise, it (ordinance) shall apply to all areas within 100 feet of-the nearest bank of-a channel of a watercourse. The Geological Survey map of the Hopkins Quadrangle indicates such a watercourse running diagonally through the proposed site. Chapter 276 states further in Section 5(b.10) that no permit shall be issued unless the proposed use conforms to the land use plans and objectives of the City for the area in question. While we agree, in concept, of the latest proposal by the developer-- that of'single family lots with a zoning of R13.5--the configuration of new streets and building lots does not seem in the best interest of the City with regard to the above cited ordinance. C • /J Lp • a , Wm. Bearman, Chairman (2) January 13, 1980 The new plan also conflicts with what the local resident& desire in terms of the preservation of the marsh area. l The idea of townhouses with a density trade-off was proposed by the developer during earlier discussions and prior to our knowledge of the environmental issues.' It now seems questionable whether a density trade-off would be desired when the mechanism is already in place for preserving and protecting the marsh area. • It seems that, to be in conformance with the Land Use Plan and in accordance with local and State regulations, the only development which could be justified anywhere on the 21 acre site would be low density " ' residential and confined to the eastern most region of the site. Again, we are most willing to continue to work with the City and the developer with the hopes of creating a development plan which has the Land Use Plan and local and State regulations as its basic parameter. Very respectfully, kdtj• CS1\:‘411 • • • • 757 • Unapproved Planning Commission Minutes -2- February 11, 1980 V. DEVF.LOPMFNT PROPOSALS A. SUNSET TRAILS, by Countryside Investments Inc. Request to • rezone 9 acres from Rural to RI-13.5 and preliminary plat 18 lots for single family homes. Located west of Duck Lake Road • 'and north of Sunset Ridge and Valley Knolls Addition. A con- tinued public hearing. • • Mr. Lloyd Erickson, representative for Countryside Investements, gave a brief summary of the project. He explained the storm sewer systems and the drainage systems planned for this site. He also stated that in changing"from townhouses to single family homes they have come up with the possibility of earth sheltered homes. • Mr. Messer ,New Dimension Builders, gave a presentation on earth sheltered homes. He explained how the homes are con- structed, how they are insulated and the methods used for water proofing. The Planner reviewed the recommendations on the staff report dated 2/7/80. Bentley inquired how outlot "A" would be conveyed to the City. The Planner replied that the City, according to ordinance, is only entitled to approximately 2 acres of land but are sug- gesting that the developer convey the out lot "A" to the City and check with the City's Park and Recreation Department as to how it should be conveyed. Bentley inquired what type of. background the New Dimension Builders have in the construction industry. • Messer replied that their company is backed by two companies, aie being the Hammer Construction, and the other being a con- suiting firm with whom they have been working for 15 years. Bentley inquired if the New Dimension Builders have any existing homes at this time. • Messer replied that they have a home that is under construction in Edina and that they do not have any completed homes in exis- tence. Bentley inquired if the City has any ordinances regarding the exterior design of homes. The Planner replied no. Bentley inquired what type of bonding does a developer need if he does not have building experience in Eden Prairie. The Planner replied that any contractor planning to build a resi- dential construction in Eden Prairie must he bonded for$25,000. Levitt inquired who would hold the responsibility of upgrading Duck lake Road. 93, Unapproved Planning Commission Minutes -3- February II, 1080 The Planner replied that the road is presently being upgraded as a part of a City improvement which was petitioned by Country- ( side Investments and Marvin Anderson Construction. Levitt stated that the whole site area is steep and inquired how much grading would have to be done. Messer replied that they will not need to do much grading. The land will be excavated and built, then the dirt will be put back around the building. Levitt inquired what type of erosion control was planned. Messer replied that the developer is planning on building one lot at a time and to develop erosion control on each lot separately. Levitt inquired about the sidewalk. The Planner replied that at the time When High Trails Estates was before the Commission there was a requirement that they build a Sidewalk along Duck Lake Road and that this would be suffi- cient. Since that time Marvin Anderson construction has come in with 10 lots south of this plat and the City Council required them to put a sidewalk on that side of Duck Lake road also. • It is the Park ; Recreation $ Natural Resource Commission's feeling . t • that this sidewalk should be coninuedthrough the&mnset Trails development. Levitt inquire about the proposed lift station. The Planner replied that there are lots in High Trails Estates, Ecklund-swedlund's areas, a i-this proposed Project which needed a lift station and that the lift station that will he put in will be adequate to serve all of these areas. Erickson stated that by developing this lift station they could phase out the one near Coach Light Manor. Jim Bast, 17704 West 66th St., inquired about the amount of fill needed,,if the storm sewer system was going through the existing park and exactly what type of concept approval the developer is requesting. The Planner replied that the request at this time is rezoning and preliminary plat of 18 lots. He stated that the storm sewer has been installed within the park land because at the time of construction this was the only land available for exten- sion of the storm sewer from High Trails Estates an,' the sur-' rounding area, and that the fill in the wetland was limited to a very small area, i, ( Mrs. J. Ihlenfeld, 17240 West 66th St Circle, Inquired about the park and what land would be dedicated as a park. Erickson stated that they are planning to trade one acre of land to the City for which the City will assume the responsibility 'TF0 • • Unapproved Planning Commission Minutes -4- February 11, 1980 of building the totlot on thier development, High Trails, located across the street. They have talked to Bob Lambert about this - trade and it has his approval. lie also stated that they plan to donate the remaining 12 acres to the City, providing tax laws permit them to use the donation for tax purposes. They are .also hoping the City will waive the cash park fee on these eighteen lots. MOTION: Gartner moved, Levitt seconded to close the public hearing. Motion carried 4 - 0. MOTION: Gartner moved, Levitt seconded that the Planning Com- mission recommend to the City Council approval of the rezoning from Rural to R1-13.5 according to the plat dated February 1980, per the staff report dated 2-7-80 and the Countryside Invest- ment letter dated 2-11-80. Motion carried 4 - 0. MOTION: Gartner moved, Levitt seconded that the Planning Com- mission recommend to the City Council approval of the prelimi- nary platting of 18 lots according to the plat dated February 1980, per the staff report dated 2-7-RO, and the Countryside Investment letter dated 2-11-80. Motion carried 4 - O. B. NORSEMAN INDUSTRAIL PARK 4th ADDITION, by Herleiv Helle. Request to preliminary plat 1 lot and rezone 4.89 acres from Rural to I-2 Park. Located north of West 74th Street, 945 feet west of Washington Avenue South. A continued public hearing. George Hoff, representing Mr. Helle gave a brief presentation explaining that Mr. Hello is asking for rezoning to I-2 Park arid preliminary plat approval and that no variances will be needed. He stated that the major improvements were the extension of West 74th Street and the solution to the storm sewer problem. The Planner went over the recommendations of the staff report dated February 8, 198P. Bentley inquired exactly what was planned for the storm sewer. The Planner went over the statements made under the topic of storm sewer system in the staff report dated February 8, 1980. He stated that this system is planned to be a permanent solu- • tion. Levitt stated that there is a large slope in the northern por- tion of this site. He inquired how much of this hill will be graded. Hoff replied that they are not planning to grade any part of that area. Levitt inquired if there were any erosion problems presently and if any erosion control efforts are planned. lloff stated that there have not been any erosion problems si n this area, and that if there were any type of erosion problems they would actually be improved by the development of this land. d7 y MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services • DATE: February 29, 1980 SUBJECT: Development Proposal Check List PROJECT: Sunset Trails PROPONENT: Countryside Investment, Inc. REQUEST: Rezoning_from Rural to R1-11.S and preliminary Plat approval for 18 • single family lots on 21 acres of land. LOCATION: 1600' north of Duck Lake Trail on west side of Duck Lake Road BACKGROUN a Planning Staff Report dated February 7, 1980 • CHECKLIST: ( 1. Adjacent to parks? "(Neighborhood, Community, Regional) Public Open Space Affect on park:There is a 3.4 acre park area to the south of this site and a proposed 100 acre conservancy area to the west. This proposal would connect the park areas forming a 115 acre public conservancy area. 2. Adjacent to public waters?The lowland is designated as wetlands. • Affect on waters Two lots encroach into the wetland area. 3. Adjacent to trails? Sidewalk proposed along Duck Lake Trail. Type of trails: (bike, multi-use, transportation, etc.) multi-use Construction: (asphalt, concrete, wood chips, aglime) concrete S, developer Width: Party Responsible for construction? Landownership: (dedicated, density tradeoff, etc.) dedicated right-of-way Type of Development? (residential, commercial, industrial) residential Where will CASH PARK FEE go? (what neighborhood) park dedication in lieu of cash Need for a mini-park? no _2_ r S. REFERENCE CHECK: a. Major Center Arca Study: N/A b. Neighborhood Facilities Study: There will be neighborhood park facilities developed in a portion of the conservancy area. c. Purgatory Creek Study: N/A • d. Shoreland Management Ordinance: N/A e. Floodplain Ordinance:This proposal complies with the ordinance.. f. Guide Plan: Shows this area as low density residential g. Other: 6. Existing or pending assessments or taxes on proposed park property: Shall be paid prior to dedication. 7. CASH PARK FEE? Parkland will be dedicated in lieu of cash park fee. 8. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against proposal: Neighbors approve of this proposal. 9. Number of units in residential development? 18 Number of acres in the project? 21 acres Special recreation space requirements: N/A 10. STAFF RECOM ENDATIONS: Staff recommends approval as per the Piannine Staff Report dated Febraury 7, 1980. '7l2 Minutes - Parks, Recreation & unapproved March 3, 1980 Natural Resources Commission -2- V. RECO:S=DATI0NS AND REPORTS A. Reports of Commissioners 1. Introduction of New Commission Members Lambert introduoed and welcomed new members Pat Breitenstein and Gloria Pond to the Commission. 2. Hockey Rinks and Warming Houses D. Anderson reported that the hockey board has been meeting with the coaches over the past two weeks, and complained that some kids have not been able to practice because either the warming houses have been olosed due to cold weather, or the attendant has not shown up to open a warming house. Anderson is passing on to the Commission these oomplaints and hopes something can be done next year to relieve this problem. Lambert said the City has raised the salary of warming house attendants in hopes of attracting more dependable employees. The City is opposed • to giving the hockey association keys to the houses as this would open them up to the public because there is very little control on duplicating keys and the houses might.as well be left unlocked. D. Anderson suggested senior citizens as possible employees. Lambert said some have already been approached—those younger than 65 are not interested, and those over 65 tend to be afraid of teenagers. 3. Letter to Past Commissioners D. Anderson felt there should be past Commissioner recognition in the form of a letter or something. Lambert said letters have been sent to Kruell and Fifield, and an event such as a dinner recognizing past Commissioners would be an annual event. B. Reports of Staff 1. Development Proposals • a. Sunset Trails Cliff Swenson of Countryside Investments gave a brief overview of the project. The site is 21 acres. Swenson stated that the Planning Commission recommends 18 lots on 9 high acres of the site. Of the 12 remaining acres of lowland, 9 acres would be donated to the City, 2 acres given to the City in lieu of cash park fee, and 1 additional acre would be donated in lieu of developing a 1 acre tot lot (mini park) in High Trails Estate. • Lambert pointed out that to say he agrees to the 1 acre mini park exohango (trade-off) would be misleading. He feels it would bo "reasonable to consider" this trade-off because of the desirability of the Sunset Trails parkland. Lambert feels the Commission should carefully consider the worth of this trade-off. Lambert added that development of the 1 acre mini park in Nigh Trails Estate amounts to approximately a $10,000 investment for the developer. rl63 Minutes — Parke, Recreation E: unapproved. March 3, 1980 Natural Resources Commission -3- R. Anderson asked Lambert if he feels the City should set this kind of precident? Lambert said the only reason he feels the trade-off should be considered is because of the amount of land being-given. As a staff person Lambert can see the developers point of view but also potential problems the City might face after a deal such as this. Lamberts inolination would be to take the 11 acres and not make a deal on the mini park, but wonders how serious the developer is about not giving the 11 acres if the City does not agree to waiving the development of the mini park.. R. Anderson wondered if the trade-off arrangement would cause any legal problems. Lambert does not see any but the attorney has not been consulted. Tangen expressed difficulty seeing the merit of the trade-off issue; he suggested that the Commission should accept or reject the basic development proposal and not be concerned with the mini park proposal. Perhaps it would be best to let the City negotiate with the developer. • on the mini parkas these really are two separate issues. R. Anderson asked about the two lots that would be encroaching the floodplain. He said the Commission is watchful of areas where floodplain is proposed to be filled. Lambert said that a permit must be obtained from the DNR before filling of Type III Wetlands. MOTION: Tangen moved to recommend to the Council approval of Sunset Trails Development per the Planning Report of February 7, 1980. That the 2 acres be accepted in lieu of a cash park fee and that the gracious donation of approximately 9 acres be accepted and 1 additional acre be acquired by the City either through purchase or other consider— ation. Johnson seconded the motion and it carried unanimously. 2. Regulating Use of Surface Waters Lambert responded to Tangents question from the meeting of February 4th as to what governmental agency has the authority to control use of surface water in the City. Lambert learned from Duane Shodeen, Division of Waters (DNR), that the City can pass an ordinanoe regulating the use of waters; however, the Commissioner's of the DNR must approve the ordinance prior to it becoming law. The DNR will have guidelines available later this summer and Lambert will bring them before the Commission then. 3. Council Report Lambert reported on the following items: (a) the Park Use Ordinance has been forwarded to the Attorney for review. This will some back to the Commission and then go to the Council for the first reading. Publio Safety was impressed with the Ordinance and glad something was being done. (b) Hiring of the Community Contor architect was on the agenda but was taken off pending the Attorney reviewing the contract. The architects are working on the schcmatio plan. (c) The Council shares many of the concerns the Commission has on the Swodlund property, i.e., whore to get funding, priority, etc. and request a staff report on these concerns. 7lt/ MINUTES EDEN PRAIRIE PLANNING COMMISSION Monday, January 28, I980 Unapproved 7:30 PM City Hall COMMISSION MEMBERS PRESENT: Chairman William Bearman, George Bentley, Matthew Levitt, Oke Martinson, Virginia Gartner COMMISSION MEMBERS ABSENT: STAFF MEMBER PRESENT: Chris Enger, Director of Planning Jeanie Ohnsorg, Planning Secretary I. APPROVAL.OF AGENDA MOTION: Gartner moved, Bentley seconded to approve the agenda as submitted. Motion carried 5 - 0. II. APPROVAL OF THE MINUTES OF JANUARY 14, 1980 MOTION: Levitt moved Gartner seconded to continue the approval of the January 14, 1980 minutes to the Febraury 11, 1980 meeting. Motion carried S - 0. tk. III. MEMBERS REPORTS NONE IV. DEVELOPMENT PROPOSALS: A. SUNSET TRAILS, by Countryside Investments Inc. Request to rezone • 9 acres from Rural to R1-13.5 and preliminary plat 18 lots for • single family homes. Located west of Duck Lake Road and north of Sunset Ridge and Valley Knolls Addition. A continued public hearing. The Planner gave a summary of the changes in this development. He explained that the developer has decided to build single family homes on this site. Cliff Swenson, 'Countryside Investments, stated that the devel- oper prefered the idea of townhouses but because of the lack of support for this idea, they have decided on single family homes. He then explain the site plans for this development. Bentley inquired what amount of acreage would be used for single family homes on this site. • Swenson replied tiaat out of 21 acres, 7 acres would be used for single family homes. Bentley inquired if these lots meet the 13.5 requirement. rf/_ ! Unapproved Planning Commission Minutes -2- January 28, 1980 The Planner replied that he has not yet had an opportunity to look at the developers new plat very closely, but that he i would address this question in a staff report. Bentley inquired if the developer is planning any fill in of • the area that the DN:R:has designated as wetland. Swensen replied that there would be very limited fill for a few few back yards and that they would be applying for a permit from the D.N.R. Bentley inquired what the developer is planning for the western portion of this site. Swensen replied that the approximate 12 acres would be conveyed to the City perhaps partially as a charitable contribution. Levitt inquired if the developer was asking for any type of variances. Swensen replied no.. Levitt inquired if the developer is still planning on some type of density transfer. The Planner replied that under the 13.5 catagory of ordinance 0135 the development would be well within the 2 unit/acre maximum density Nine acres for this purpose would have to be considered for the 18 lot development. Levitt inquired if the proposed Durango Drive would be a dead end. Swensen replied that Ecklund and Swedlund is planning a develop- ment which would have a road which would connect to the proposed Durango Drive, on the north of this plat. George Kissinger, 6601 Barberry Lane, stated that the home owners surrounding this proposed development site are very much in favor of the idea of single family,homes. and support the current devel- opment. MOTION: Gartner moved, Bentley seconded to continue public hearing on Sunset Trails to the February 11, 1980 meeting G direct the staff to prepare a report based upon complete infor- • oration being supplied by the developer. B. NORSEMAN INDUSTRIAL PARK 4th ADDITION, by Herleiv Helle. Re- quest to preliminary plat 1 lot and rezone 4.89 acres from Rural to I-2 Park. Located North of West 74th Street, 945 feet west of Washington Avenue South. A continued public hearing. ( MOTION: Levitt moved, Gartner seconded to continue this item to the February 11, 1980 meeting. /7//„ MINUTES EDEN PRAIRIE PLANNING COMMISSION Unapproved Monday, January 14, I980 7:30 PM City Hall COMMISSION MEMBERS PRESENT: •Chairman William Bearman, George Bentley, Matthew Levitt, Oke Martinson, Virginia Gartner, Liz Retterath COMMISSION MEMBERS ABSENT: NONE STAFF MEMBERS PRESENT: Chris Enger, Director of Planning' . Jeanie Ohnsorg, Planning Secretary I. APPROVAL OF AGENDA MOTION: Bentley moved, Retterath seconded to approve the agenda as submitted. Motion carried S - 0. II. APPROVAL OF THE MINUTES OF DECEMBER 10, 1979 Gartner Corrections: Page 2, paragraph 3 should read "The Planner replied ved that Eden Prairie has an elderly housing goal of 166 units and that arri at ed the staff felt that this site also was a good site for elderly housing." Page 4, paragraph 2 "Berman" should be spelled "Bearman". Same page,paragraph 9 "herring" should be spelled "hearing". Page 6, t paragraph 9, the word "year" should be "yard". Page 7, paragraph 2, (Motion) should be omitted. Page 8, paragraph 2, the world "to" should be omitted. Same page, paragraph 5, Motion should also state "Motion carried 7 - 0. Page 10, paragraph 7, the word "meet" should be "met". MOTION: Retterath moved, Bentley seconded to approve the minutes as corrected. Motion carried 6 - 0. III. MEMBERS REPORT NONE IV. DEVELOPMENT PROPOSALS A. SUNSET TRAILS, by Countryside Investments Inc. Reugest to rezone 22 acres from Rural to RM 6.5 and preliminary plat 20 lots for 40 duplex units. Located west of Duck Lake Road and north of Sunset Ridge and Valley Knolls Addition. The PIanner gave a brief summary of the development. He stated that at the last meeting the residents had voiced their concerns over the following three items: proposed land use of non-owner occupied rental housing; encroach- ment into an area designated in the Guide Plan as public open space Flood Plain and Park; loss of already designated park land to accomodate a future access road (Durango Drive) and two building lots. The Planner continued to say that the developer has met with the residents,Bob Lambert from the Parks and Recreation Department, and with the City 14 7 Planning Commission Minutes -2- January 14, 1980 Planner and has come up with an idea that takes in to con- sideration the concerns of the residents. He stated that the new plat has changed from non-owner occupied rental housing to single family homes and there is no longer any type of road going through an already existing park. The Planner also stated that the D.N.R. has been out to look at this site and was not sure if thcyshould classify this area as public waters or not. He stated that if the D.N.R. does claim this site as public waters it does not mean that this land is undevelopable but does require the developer to obtain a permit from them in order to develop. Bearman inquired if this new plan was the developers final request. Cliff Swenson, Countryside Investments, stated that it was his feeling that single family homes was what the residents wanted. He also stated that they (Countryside investments) preferred having duplex or townhouse units. &ntleyinquired Oat the distance was between the Countryside Road access onto Duck Lake Road and the proposed Durango Drive access onto Duck Lake Road. The Planner replied that it is in excess of 125 feet which is required by City ordinance. Bentley inquired if it is possible for these two roads to be connected. The Planner replied that this would not be possible because there is a substantial grade and that thedeveloper used the distance to come transversely across the slope to stretch the grade out. He stated that City ordinances do allow streets be offset if they are separated by 125 feet. Levitt inquired if the flood plain ordinance subsidizes an absolute ban of either filling or construction with in a flood plain The Planner replied that it is possible for a developer to obtain a permit to allow filling in of the flood plain and placement of a home above the flood plain elevation. Bcarman inquired what was the last project in which the City allowed encroachment into the flood plain. The Planner replied that the City allowed encroachment of four lots in the Cardinal Creek First Addition. He also• stated that the developer is not proposing any filling in of the flood plain Planning Commission Minutes -3- January 14,1980 Levitt stated that what the developer is dealing with is a low marsh area. The Planner stated that the developer is not proposing any fill below the normal high water mark. George Kissinger, 6601 Barberry Lane, went over the resi- dents letter dated January 13, 1980 summarizing their con- cerns. (letter attached) Pat Smith, 17366 West 66th Street Circle, stated that he felt that the issue of the D.N.R. was very critical to the residents decision as to how the City should approach the development. He stated that he inspected the type of vege- tation on the site and found cattails. D.H.R. classity this area as a type three wet land, because according to the D.N.R. cattails is the determining factor in classifying wet land. Beaman stated that the D.N.R. can give the developer a permit which would allow him to fill in part of this area. The Planner stated that the cattails alone do not determine what type of wet land an area is but that the D.N.R. looks at the cattails and their density to determine the type of wet land. Levitt inquired what was to the west of this site and if there were any other town houses near this site or if it was sur- rounded by single family homes. The Planner replied that there are no other town houses near and that this site is surrounded by single family homes. Beaman stated that he would prefer to see no type of develop- ment on the western half of this site and townhouses on the other half. He stated that if in order for this to take place a density transfer had to be allowed, then this is what the City should do. Bentley stated that because this area is surrounded by single family homes, he would prefer to see single family units on this site. Levittinquired if it pays to bring utilities such a long distance onto this site for only a few lots. Cliff Swenson stated that these lots are very nice lots and that it would be profitable to bring utilities to them. Martinson inquired if there is a possiblity of a road coming down from the north to the knoll of this proposed develop- } meat site. `76 • Planning Commission Mintues -4- January 14, 1980 The Planner replied that the staff was reviewing a single family . plan by Ecklund to the north and it was possible. ;l Jim Bass, 17704 West 66th Street Circle, stated that according to his figuring 13 single family homes would fit on this site and would be according to the current zoning. He stated that he feels this is what should be put on this site. Retterath stated that she understands the view point of the residents because she,herself,was in the same situation. She continued to say that there are now townhouses near her home and it has worked out beautifully and that it has been proven that townhouses can work in very well with single family homes. Bearman stated that he felt that the developer should look into the possiblity of townhouses on this site and present their findings at the next meeting. MOTION: Retterath moved, Bentley seconded to continue the public hearing of Sunset Trails to the January 28, 1980 meeting. Motion carried 6 - 0. B. NORSEMAN INDUSTRIAL PARK 4th ADDITION, by Herleiv Helle. i Request to preliminary plat 1 lot and rezone 4.89 acres from Rural to I-2 Park. Located North of West 74th Street and 945 feet west of Washington Avenue South. • /r MOTION. Levitt moved, Retterath seconded to continue the public hearing of Noreseman Industrial Park 4th Addition to the January 28, 1980 meeting. Motion carried 6 - 0. C. OPUS PLAZA OFFICE BUILDING, by Rauenhorst Corporation. Request for P.U.D. Development stage approval and rezoning from Rural to office. Located west of 18 and north of Crosstown 62. Bob Worthington, Rauenhorst Corporation, gave a brief summary of the project explaining that they are planning construction of a ten-story (120') high office building (eight stories from the ramp side) overlooking the pond that is and will remain a prominent feature of the site. The building will contain 150,000 gross square feet of space. On-site parking for the building will be accomodated by a two-level ramp and underground executive-type parking spaces. The total amount of parking will be 696 spaces. This repre- sents a 4:6 ratio of parking to gross square footage in the building. John Albers, Rauenhorst Corporation, gave a brief presenta- tion explaining the architectural aspects of the proposed building. Ron Auerbach, Rauenhorst Corporation, gave a brief presenta- tion explaining the elevation of the proposed building in comparison to the surrounding buildings. '77D 4 • approved Planning Commission Minutes -4- December 10, 1979 stated that the grading plan also illustrates berming along the north and east border of the project that should(along with heavy plantings)adequately screen from surrounding industrial uses. He con- tinued to say that proper setbacks have now been incorporated into the plan, along with a new southern road location which has been worked out with the property owner to the south. Bearmaninquired what assurance the City had that this connection would actually take place. The Planner replied that the southern property owner has told the developer and the City that he feels the connection of the two roads would be beneficial to him also. Levitt inquired if the City is guaranteed land for a park with the development of this site. du'Monceaux replied that they have provided an area in the west part of this developemtn for a private park. Torjesen inquired what was being done on Lot 3 which was the site for the condominiums. du'Monceaux stated that there is no development planned for this lot at this time. The Planner stated that the developer should not be asking for zoning on Lot 3 at thie present time. MOTION: Bentley moved, Retterath seconded to close the public hearing. Motion carried 7 - 0. MOTION: Bentley moved, Torjesen seconded to recommend to the City Council approval of the Rembrandt enterprises request to rezone Blocks 1 B 3, and Lots 1 $ 2 of Block 2 per the recommendations of the staff report dated 12-6-79, provided that outlots A fa B, and Lot 3, Block 2 not be included at this time. Motion carried 7 - 0. MOTION: Bentley moved, Retterath seconded to recommend approval to the City Council of the Rembrandt Enterprises request to preliminary plat 36.6 acres into 7 lots per the recommendations of the staff report dated 12-6-79. Motion carried 7 - 0. MOTION: Bentley moved, Retterath seconded to recommend approval to the City Council of the Rembrandt Enterprises E.A.W. Motion carried 7 - 0. C. SUNSET TRAILS, by Countryside Investments Inc. Request to rezone 22 acres from Rural to RM 6.5 and preliminary plat 20 lots for 40 duplex units. Located west of Duck Lake Road and north of Sunset Ridge and Valley Knolls Addition. 7 I/ approved Planning Commission Minutes -5- December ID, 1979 • ( d The Planner gave a brief report explaining what is proposed for this site and the proposed alignment for Durango Drive. He stated that the neighboring residents have concerns over allowing duplexes in the area, the infringement on the present park for Durango Drive, and impact on present vegetation. Arvid Schwartz, Countryside Investment, Inc., gave a presentation. explaining the location of the site and the problems with the soil. He explained that they have chosen duplex housing for this develop- ment because after looking at several different types of housing, duplexes were the only one that could give them the desired net units per acre Paul Clement, 6640 175 Ave West, inquired what the zoning to the north of this project was. He stated that he felt that the City allowing duplexes to be built near single family lots is an invi- tation to a developer to build an apartment building on the other side of the duplexes. He continued to say that this has happened in other areas where duplexes were built near single family homes. The Planner replied that the zoning to the north of this site is Rural at the present time. Jim Bast, 17440 West 66th Street, presented a petition stating that as residents of Eden Prairie and property owners in the Duck Lake Trails/Duck Lake Road area, they are opposed to Countyside Invest- ments Inc.'s request to rezone the area west of Duck Lake Road and North of Valley Knolls Addition from Rural to RM 6.5 and preliminary plat of 21 acres into 20 duplex lots. He state that there three major objections are: 1. Proposed land use of non-owner occupied rental housing; 2. Encroachment into an area designated in the Guide Plan as public open space Flood Plain and Park; 3. loss of already designated park land to accomodate a future access road (Durango Drive) and two building lots. (petition on file in the City Planning Department). George Kissinger, 6601 Barberry Lane, read his letter dated 12-4-79. (Kissinger letter dated 12-5-79 attached). The letter stated the residents concerns of the land use, encroachment into the flood plain area, and loss of park area. Judy Todd, 17460 West 66 Street, stated that a lot of drainage is • carried into the development site,she continued to state that the City Engineering Department should take a very close look at exactly how drainage would be carreid out of this area. 17 '' approved Planning Commission Minutes -6- December 10, 1979 Dean Gayther, 17361 West 66th Street Circle inquired why the developer had decided to build duplexes instead of single family homes. Schwartz, replied that after considering the cost of the housing and the cost of the land the developer felt that duplexes would be more financially affordable to the buyer. He also stated that they do not feel that having duplexes near single family homes would bring down their value. Maarie Gayther, 17361 West 66th St. stated that the City already has a park and why should a developer come in and infringe on that park. She stated that where the developer is planning to put his road is almost exactly in line with where the existing Oak trees are. The.Planner replied that the proponent had not originally planned to use the park for access to this proposed development, but after studying the site he felt that utilizing the park would be a more feasible access. The proponent had asked the City Staff if it would be possible to buy this parcel of the park from the City and give them land to the west of this for a park. The City Staff felt that this could be possible. At that time the City Staff was unaware that the residents were so oppossed to the idea, and now feel that an alternate access should be investigated. Earl Hubard, 17200 West 66th St. Circle, inquired why when figuring out the density of a project does the City include the land of that development that can not or will not be used for housing. (_ The Planner replied that much of the property at sometime will be buildable. The Guide Plan retains P.U.D. as a tool to preserve open space through density tade-off. Merna Olson, 6601 West 175 Ave, stated that the land in the west and north of this project is nothing but swamp, almost to the point of quick sand, and could not be used for any type•of development. Bearman replied that that parcel of land is not included in this development proposal. Wayne Francisco, 17400 West 66 Street, stated that the development site is very hilly and there is quite a lot of water in this area. He stated that in order to develop this area there will have to be a lot of grading done and that all this grading can not help but take away from the naturalness of this area. He also stated that in a few years back,there was water up to his back yard, and that his yard is beyond the present flood plain designation. Merna Olson inquired what type of traffic impact this development • would have on the neighboring residential area. The Planner replied that there would be approximately 320 A.D.T. contributed to Duck Lake Road, exactly the same coming for the existing Valley Knolls Addition. Judy Todd inquired if a lift station would have to be put in to get rid of the sewerage who would have to take care of its main- tenance. 7 7.3 1 approved Planning Commission Minutes -7- December 10, 1979 The Planner replied that a lift station would have to be put in for this development by the developer and the City would have to take care of its maintenance, until such time as a gravity system comes from the north and west. MOTION: Retterath moved, Gartner seconded to continue this item to they January 14, 1980 meeting. Motion carried 7 - 0. D. PRAIRIE CORPORATION ADDITION, by Maclay Hyde. Request to preliminary plat approximately 80 acres into 7 lots and I outlot for future com- mercial and industrial uses, and approval of an E.A.W. Located south of TN 5/West 78th Street and East of Purgatory Creek. Rick Sathre, representing Feeder's Incorporated, gave a presentation explaining the project location and the proposed alignment of the ring road. He stated that the flood plain has been petitioned to be lowered and explained the reasons behind the petition. Bearman inquired if the original cutting of all the oak trees on this site was in conformance with City Ordinance. The Planner replied that the trees were cut 5-6 years ago which initiated an ordinance preventing any such reoccurrences. Bearman inquired what is on this site at the present time. Sathre replied that there is only tree stumps. He state that this site is a good location for the ring road and that with the platting of this site the developer will be able to continue the extension of the ring road. He stated that the developer feels that the ring road is an important part of the City. Bearman inquired whether they would be cutting down any additional trees. Sathre replied that there are a number of trees on the southeast part of the site, many of which will have to be removed. Levitt inquired what type of development the proponent was planning for this site, and if he had any site plans. Sathre replied that at the present time they do not have a site plan. Levitt asked why the proponent doesn't just come in with a proposal on part of the site and put off the rest for now. • Sathre stated that the developer's intention is to grade and plat this site in order to get companies interested in this area. Levitt inquired how much fill in of the flood plain would have to be done. Sathre replied thatthe fill would extend 700-800 feet from the toe of the slope into the flood plain. 1 74 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.80-42 RESOLUTION APPROVING THE PRELIMINARY PLAT j OF SUNSET TRAILS BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Sunset Trails dated February, 1980 , a copy of which is attached hereto and amended as follows: is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the 18 day of March , 1980. Wolfgang H. Penzel, Mayor John O. Frane, City Clerk SEAL ( 7'I4" I SUBMITTED: To the Planning Commission December 10, 1979 f TO: The City of Eden Prairie Planning Commission The City of Eden Prairie Park & Recreation Board The City of Eden Prairie Council The City of Eden Prairie Mayor REFERENCE: Sunset Trail Estates As residents of Eden Prairie and property owners in the Duck Lake Trail / Duck Lake Road Area, we are opposed to Countryside Investments Inc.'s request to rezone the area west'of Duck Lake Road and North of Valley Knolls Addition from Rural to RM 65 and Preliminary Plat 21 Acres into 20 duplex lots. Our three - major objections are: 1. Proposed land use of non-owner occupied rental housing. 2. Encroachment into an area designated in the Guide Plan as public open space Flood Plain and Park. 3. Loss of already designated park land to accanodate a future access road (Durango Drive) and two building lots. NAME ADDRESS - ��c.A, F. .:If.r2.01-,,,., 6 bag.. I'sf Apt. F.Q. _____;?„.::4-14. ,_�_4aJ - Mom"{ E.P. 4/i _,_ .� 642D /7Sfd�1�� WEsTJ.� — _.ate 16a2 o /7514f 4, u/ E. P _c . d.---6/: __.4_,1713_____Z.Z.r.=__,10_,g:._4_,4gid_,&I ,l. _ 721 - - a GGO�7 r rr w �u v s__,e -.JG7D -/7o= ,qv.�. �•:� G7So. /7S .et). .P. c� �� j 16 - /16 ui1P. __ :ra .� e_ nako t.). Mtn 3 — _ -._(.. —�,, .'.�-b� " 'QO ` L._. , \.\ovs Si- -- 4-2 �7s _ -�`_.. - 6t4. :/7 -� ate. L1_ri J7 -..•/.�A4J.!( LC,,,,j'c—ter is I34,4:24-- ilk, (.-I. a,1.25 a„.�C_ /l/ • • # • SUBMITTED: To the Planning Commission December 10, 1979 TO: The City of Eden Prairie Planning Commission The City of Eden Prairie Park & Recreation Board The City of Eden Prairie Council The City of Eden Prairie Mayor REFERENCE: Sunset Trail Estates As residents of Eden Prairie and property owners in the Duck Lake Trail / Duck Lake Road Area, we are opposed to Countryside Investments Inc.'s request to rezone the area west of Duck Lake Road and North of Valley Knolls Addition fran Rural to RM 6,5 and Preliminary Plat 21 Acres into 20 duplex lots. Our three major objections are: 1. Proposed land use of non-owner occupied rental housing. 2. Encroachment into an area designated in the Guide Plan as public open space Flood Plain and Park. 3. Loss of already designated park land to accanodate a future access road (Durango Drive) and two building lots. NAME CRESS 1 0 i n n <� C uui1. 1 - ), i/ tl�f� 2. //� V_T �r.,c t.ta,`r •Q Le, L.lr to f rat Q d11 _ k •—�._�_��� �c Lv__ a r.cr, 1 i ,.ti Li J 173 G G c • b ce . CA-:ck jl],'i ;i ._�Iri:jY/r,:s� I73C+1 0) c•t•?t, t7 5 t \t1, t•l•• 'AI Sit C�;-c1Q . .� ,t i• f �(c.0 i 7)4-b CV- (lic crt tie.44 • 'SUBMITTED: To the Planning Canmission December 10, 1979 TO: The City of Eden Prairie Planning Commission The City of Eden Prairie Park & Recreation Board The City of Eden Prairie Council The City of Eden Prairie Mayor REFERENCE: Sunset Trail Estates As residents of Eden Prairie and property owners in the Duck Lake Trail / Duck Lake Road Area, we are opposed to Countryside Investments Inc.'s request to rezone the area west of Duck Lake Road and North of Valley Knolls Addition from Rural to PM 65 and Preliminary Plat 21 Acres into 20 duplex lots. Our three - major objections are: 1. Proposed land use of non-owner occupied rental housing. . 2. Encroachment into an area designated in the Guide Plan ' as public open space Flood Plain and Park. 3. Loss of already designated park land to accanodate a future access road (Durango Drive) and two building lots. t ;� NAME ✓ADDRESS ' 4d'to-d.C- /�'t-M - I7,140 ihf / /.laii 93H- 92AC' . ____T-----y-CZZt�/1 Ay'/o }Bcr,ifet y 7..7si Psi? _c..-L�+1.-- .o 0 . G-, 966 /gi:n 1..-e 1.. ,4• r3V• _9 7 3 • . _ '%r�K't_ I.U� :Se L• �ZI_"S_- l'3'/-//7 Ci k ---� — -._ --__._.__tz.11_4__4_ ,��_. � y i y -21 3,1 ..r/ - 7 Y'.C> r.�i•Ili Z''AJ q 3,./.,,2, ,M i r�l� / ?.2c'3 /..:. L&. 3Y ;cS5' 7 = �=, ,''`(V L r, 7)),k C, �, 1.'.l . 93v-4ciY ..,-,/'li ;-/l di , c, 4,/fLe di)/ <.5`- J ) G S' c�<�q �/4.7-3�.,A �T 171t O' V ei-e:/i fir; X-:_ 1-3—27 G • _l„:.,i x /.l;ss�Gs, h>y�,./-z�;. i"ie f :Ike. +-1i • ..4-.? i_sl- 7 4'ZP 7L,_1 -ie6� - ., id,,,c,-) or, "Pu:k . 4r ci7Xtcf 9.31-.7921 _ . , _;t1/ iy .1,_».,- '7►c c !�d �lU�; ak1 �134' Z?�-�1 /,�C'y ,�L f / 6 73/ ,d/t��fL - } i , ,, 93V.?.2 L,c, ._ -i<�CI 2:::-1.Li 4'/ /';: L r- ' j/ /J�ictc/- - e.t- `j i%•••I'���' • a< SUBMITTED: To the Planning Commission December 10, 1979 - TO: The City of Eden Prairie Planning Casanission 1 The City of Eden Prairie Park & Recreation Board The City of Eden Prairie Council The City of Eden Prairie Mayor k REFERENCE: Sunset Trail Estates 1 As residents of Eden Prairie and property owners in the Duck Lake Trail / Duck Lake Road Area, we are opposed to Countryside Investments Inc.'s request to rezone the area west of Duck Lake Road and North of Valley Knolls Addition from Rural to RM 65 and Preliminary Plat 21 Acres into 20 duplex lots. Our three major objections are: 1. Proposed land use of non-owner occupied rental housing. 2. Encroachment into an area designated in the Guide Plan as public open space Flood Plain and Park. 3. Loss of already designated park land to accanodate a future access road (Durango Drive) and two building lots. NAME ADDRESS �tA -~� - - �- /n ii) A--11AJ .&---� ,, �; :1 ��G Q,. — 1)2 on Gar s) C i .� _ (��� l726o w G7Bist C1(2 � 7 ,i�if" .�.C/r /7/el W 41 7%4..al r- Per _Y_ - -- ,---fir ti. - ---_--__17s1 efi,(n7 ./1 •(<.-&- _`,.� r� / ��., \1. c\c\ �1�_ 1 st. 0_,‘R -.�''..,Z. ;,.:.�"�1 e /13 q( � i) , L zt,' . ..- '� -MZ11,- cr- /13r,0 3w.rlacxPsi C r —_/LIB-, 4r,,114•t,/C/ i__72.00 /3t(IXbf.,j et,.40J _ t/. :;54.:1'1 L(• - ./7,�.? .-7). ?4-d .fe3 , (''l f • /off /./ — A !7a o i 33¢4 / 2► _ „-A • ..,</,.,, /7 3l'/ 84,r/-'fi,k•1 ('in IA:, .'il�.117 _4-_`,%f2lls0 173O/!1_;r�lf l`e I_. , Yry r 'ill• _ 01.-A-_ 1739`f c z f_ _.,:,/. 179 SUBMITTED: To the Planning Commission December 10, 1979 - TO: The City of Eden Prairie Planning Commission The City of Eden Prairie Park & Recreation Board The City of Eden Prairie Council The City of Eden Prairie Mayor REFERENCE: Sunset Trail Estates As residents of Eden Prairie and property owners in the Duck Lake Trail / Duck Lake Road Area, we are opposed to Countryside Investments Inc.'s request to rezone the area west of Duck Lake Road and North of Valley Knolls Addition fran Rural to RM 65 and Preliminary Plat 21 Acres into 20 duplex lots. Our three - major objections are: • 1. Proposed land use of non-owner occupied rental housing. 2. Encroachment into an area designated in the Guide Plan as public open apace Flood Plain and Park. 3. Loss of already designated park land to accanodate a future access road (Durango Drive) and two building lots. • 1 —4 - N ADDRESS �i�2'�L1.✓1 �' /7_</01/ . 9-g -3 a 70 � C � 66 3 5 -Z. /75- a-v-e /74v co. &6 - - - 934- 3or.,f 17140 11i. 61,11 - 934 -3669 _Luzc yap 1t21t ----g cc�l -ul nuaen..-- 17 IOO /c). 1,6tJ, st, qs k 9_._.___�bQ�Qom. Vc. , 934-zz_,0 144X _44 Q_, A iwz tir 93‘f-3077/ L(u���.- / { . �t fib 6c ?/22 A.) �3 / !G r Cv � ,1�•� ., — __ _ (2660 i3AZ6Er2Y 934 - Z275 - c.r.); - , ;7 -S��c•LsLs-.�J c�.e.�t��uz1 �7_S_� _fin__-l.,�y s�,30 - If:? L S _16r '<- ` '1' it )1.0 ')$a //y?t (/ 1.- :14 s" SUBMITTED: To the Planning Commission December 10, 1979 TO: The City of Eden Prairie Planning Commission The City of Eden Prairie Park & Recreation Board The City of Eden Prairie Council The City of Eden Prairie Mayor REFERENCE: Sunset Trail Estates As residents of Eden Prairie and property owners in the Duck Lake Trail / Duck Lake Road Area, we are opposed to Countryside Investments Inc.'s request to rezone the area west of Duck Lake Road and North of Valley Knolls Addition from Rural to RM 65 and Preliminary Plat 21 Acres into 20 duplex lots. Our three major objections are: 1. Proposed land use of non-owner occupied rental housing. 2. Encroachment into an area designated in the Guide Plan as public open apace Flood Plain and Park. 3. Loss of already designated park land to accanodate a future access road (Durango Drive) and two building lots. NAME ADDRESS ( .OLJ/?se.4A�✓ L 1 f SUBMITTED: To the Planning Commission December 10, 1979 • ( TO: The City of Eden Prairie Planning Commission The City of Eden Prairie Park & Recreation Board The City of Eden Prairie Council ' The City of Eden Prairie Mayor REFERENCE: Sunset Trail Estates As residents of Eden Prairie and property owners in the Duck Lake Trail / Duck Lake Road Area, we are opposed to Countryside Investments Inc.'s request to rezone the area west of Duck Lake Road and North of Volley Knolls Addition fran Rural to RM 45 and Preliminary Plat 21 Acres into 20 duplex lots. Our three major objections are: 1. Proposed land use of non-owner occupied rental housing. • 2. Encroachment into an area designated in the Guide Plan as public open space Flood Plain and Park. 3. Loss of already designated park land to accomodate a future access road (Durango Drive) and two building lots. . -I_ , NAME ADDRESS �� _ 0--r c,,, . /7.3 r�0 ,,�'1,_,.,/ ,_ -� /, ,,..t' 7 3 y-ji 7 7 ,7.. ) 1 /7 e'l, %',.e./ '_ �7 .->/- .3 i 77 74 / � /. 11</I Ia.:, ! Vic/ _ ' - _ -1 A) �()eteZz.t� i�( /a/ �•(70 :.tarp.'/..e./l v ..- i 3'� ��4-�/2 _ _,'A...), _. •/.s-�5-> - . _— 1111t4 &.,,-il.. L.1V �l�.C1.i. 9 3 '1` .0363 --a ,-,-es_ ry nu,. 3,,..,h L [ .4',r.,j 934 -030 3 1:-----�� �ti�t`ti`���____I._� !'7ZiC.���ic lc�Cr��": C1�-I'2-�7G-. _...._,� ,730/ bites ./L/,, �.-�...:-/ g3,/--i27C�:7 r�-�-- 0./\6,---i<�- A%7 C }J�.i•',...i' cA'im G y.�i—/J 7_ �t .' f �G•7 4sA. _t, I — ; , S- • �_ (lL. c• �� - 17`/z £?). G- G.-tf S r- 9•3,1- /L-G { SUBMITTED: To the Planning Commission December 10, 1979 TO: The City of Eden Prairie Planning Commission The City of Eden Prairie Park & Recreation Board The City of Eden Prairie Council The City of Eden Prairie Mayor REFERENCE: Sunset Trail Estates As residents of Eden Prairie and property owners in the Duck Lake Trail / Duck Lake Road Area, we are opposed to Countryside Investments Inc.'a request to rezone the area west of Duck Lake Road and North of Valley Knolls Addition from Rural to RM 65 and Preliminary Plat 21 Acres into 20 duplex lots. Our three major objections are: 1. Proposed land use of non-owner occupied rental housing. 2. Encroachment into an area designated in the Guide Plan as public open space Flood Plain and Park. . 3. Loss of already designated park land to accanodate a future access road (Durango Drive) and two building lots. NAME ADDRESS t.-/ 1,. G,-3.1-%� i4 • 'G. /_ y . (.'i r /75 tV-, LJ. E; �1.e _ClQ.a&A, 4 of 17a-' w 6P ,r , C6o/- !2s Ale. ' g.P Ck n:L3t r"11u. F 405 /7'-,i ti. (. �[.:..Lf,1�2L, C: P _ _, .. d/-.ln /7 .,. fix e r _ ______ ___ _ ..,.. -__._.r...._._-. .4 .z,J. a4 -3/., VI? . _ Al 4,G Y a /7 s __ it etsitA o AL .{ � G?7a /75' a 4i et�Jte.�c cam- - 5%/5A 1-11 ) C-o C Lpac„.„:„ (kip ce-t-tc _e_a c.,c-st , p tlazc I-L. 'Lt.) & Lst.thla �`�t�u - ,Do dk_L Lilt U, iu&tWL I Q' EQ- Luz-LAd, nu an, lt.a. pck- 0 uz p ecruQeIL. '1.1, lam. i " UtiitA) (Lc Ac21tA LLL4 c - L QJ LJ 3— p L Q Chi, Ly t\ct Clot�-P e_ blki,LcLa1n pculailm Lv _ =±. Lam+ cL h.CL ± b t_ t ��L C�Pc LCO LL tct 1 ' �: � —t- �c�ic�aL��.� 1i), CUtd. 1.1),&)AkL L) .R- asz..r� h�rr t u`ida) c�� LULLd . , L�h.i. Lw C.cUL Lu,64 AlancL-1 Luc, `��lW e,. :,`t y rL Lucdd.• 1. es/po:_R C d nEt A� f.TSi?rLP L1t2 Yl 1 C � L zsz 'h tv• 1 Lastd dr -to 1`cd� _• LLa.) ft&) � cQ d oLL t1tCLQJ'io 2 Q Cr te, L J t lug&-u.lc EQ., rile " Lit, Ufunpi Q cL pe d, pdcsz ,CLQ A-a - o .)L ) R (J pQ.c - -e tiro) �d LuziL1, • • ee P-�c.- L P L Lu c,n c�0 D�Z� LL.uU CQ AA.0 L . Las2. 1 L :u, Lo-LLL A 0_a-itu..ci rt�� `� . `tl�tc�.- p2-p& Q L. ddG` rrlzl aQ coin ft . to Q.�2 n C��2.Ckb l (lam L , 6 Al.tkQal.(Ldfl Gkeo. C�.ilil� L�11 icy , Lv Kc n 1 uy. A.4 &pcth-.. dO-e.,L- -Le i i eL c.-tkiL. C6>'Y�t1l. !It • V 41)k•EN_Aakik.&42./ 986" n : i\ . lilatL5.31-, .L Ld 1 December 5, 1979 Mr. 6'm. Bearman, Chairman Eden Prairie Planning Commission 8950 Eden Prairie Road Eden Prairie, Mn. 55343 Re: Request by Countryside Investment Inc. for rezoning and preliminary plat of 21 acres into 20 duplex lots in area west of Duck Lake Road and north of • Valley Knolls Addition Dear Chairman Bearman, There are several key points to the subject proposal which I find extremely objectionable and not in the best interest of the City. It is for the below stated reasons that I request that the Planning Commission not recommend the Countryside request for rezoning or preliminary plat approval. First, this proposal would call for the introduction of rental housing into an area now exclusively single family and owner occupied, The transient nature of rental occupancy and the intangible loss of commitment to neighborhood values make rental housing unsuitable for this sector of Eden Prairie. From a land use standpoint, a concentration of rental property in the middle of an owner occupied residential area works to the detriment of the community environment. The appropriate place for this type of housing is in a transition zone separating commercial use from low density residential use. The concept of density trade-off may be appropriate for this site if it is done with concern for the residents, the City, and the natural environment. However, this proposal as it now stands, involves taking something away-- existing park land--and trading for it something the City already has, marsh land and wildlife area. The Land Use Plan (enclosure 1) calls for this site to be mostly public open space, floodplain, and park with low density residential 8 2 units per acre on the remainder of the site. Also, as demonstrated by enclosure 2, Fig. 2.5 from the Guide Plan showing water resources, this proposal calls for encroachment into the floodplain of Purgatory Creek. . The site currently is a beautiful and unspoiled marsh area. I would like to see this area protected from such development. This proposal also calls for the loss of existing park and destruction of a mature stand of oak trees. The loss of any one of these local natural resources would diminish the quality of life for local residents and, indeed, for each citizen of Eden Prairie. It seems that single family or high value townhouse units with access only from Duck Lake Road with careful attention to preserving existing elevations, marsh land and trees would be a positive alternative to the proposed development. I would be very interested in working for such a solution with planning staff, local residents, and the developers. Sincerely, 44) -t:eor`ge and Diane Kishinger n / /0p& • . .-s.4, . , ••to 40NA) • 1 II (�� ` `I t .:.t to . .Gi.:,..,r, ;.: 1 4y,..4,t9t'""•a CNt."._*,ltt,axtt' ,,i4-.Aa.•.e�sLF.a ,,' t...:..�hQ:�, 7'3 : Inc ,.x g'••1 f•.. ,1/f/ , i , ,.f.i.,,,,..i.:. ,..!: ,, ,•-z . . r-- ---.) , .:i :if!4;;It.;'i 3;le it ...,:. .1..\41/,'.,/-7>,., !1),;C: , l'Al:. i :;(-%:!,, ,-.E• ,.& / '____t53":.. 2,;14-....;-°- \ Viit' .; :::-. i;;'' 1 ..k? /• 1 + 1 Ji� y v• l tl + ;, . Q i 7 i. - q'is\f.....z,H.„..x.u.,... •- ' ......-.:, i • :-'0`....._'hil- I 04 :9.ri 1 I'2i:-.ii '11110.1--!, 0 1./ ( ... :-......,,, 1! t. `ti.7^".i f,' r: .I1 .� , !r .Kri✓, t t. pp��gtFF i; .j 11tt 1wi ;w t r 1 l '1 F� ,,•,96lI.mY . i ,1 I L�` 3 c'v J .,..,�'i Id I \ / 4' -Id_ 1 C`L • A i I •�+. t1V1 rt'.' /' ,� li/• (".=-:.r•e.•.-r..,����M1 • _ '_ '� �••,�..- i".� '. .k.i 4- - ' C . . i'0 (......;:s, /' `-''\ , ` 1 60 1 ,,,,,..01 1, d yttriA.., .•2.-3, & .7.*i. 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C.: ' •"" • \ -.. . \ •;. t, t, •.-.. legend: • • •• ---- flood Wahl boundary 17'71 lakes .......J.E.A.. fi 'N Source: Brauer & Associatc!: ' ' • Eden Prairie Guide Plan Update .., r .. _ I l? u�azc�, 11, 1�1$6 City of Eden Prairie �J 8950 Eden Prairie Pd. Eden Prairie, NN 55343 Gentlemen: I4 . Sone tine ago we purchased approximately 21 acres of land in Eden Prairie, located west of Duck Lake Road, adjacent to the nark land fronting on Duck Lake Road. During the past several months we have appeared before the Planning Commission proposing that this land be developed. Our intent was, via a density trade, to plat the higher part of the parcel on the eastern end into 20 duplex lots. For this density exchange we had proposed to give the City of Eden Prairie approximately 12 acres of lower land for park pur- poses. Because of concerns expressed by the neighborhood, we withdrew that proposal and submit instead a proposal consisting of 18 single family lots using about 8 acres of lane. It is our intent that the remaining 13 acres before property of the City of Eden Prairie, but without the density exchange it is not ..•i' economically feasible for us to donate the land. Therefore. we propose that to accomnlish the objective of making the land available to the city we: 1. Trade one acre of alnd to the city for which the city will assume the responsibility of building the tot lot on our development, High Trails, located across the street. to have spoken to Mr. Robert Lambert about this trade and it has his approval. 2. Donate the remaining 12 acres to the City of Eden Prairie, providing tax laws permits us to use the dona- tion for ta:: purposes. 3. The city waive the cash park fee on these eighteen lots. This unique parcel of land has some interesting possibilities. ':.'e are in the nrocess of negotiating with New Dimension Builders. earth sheltered hone specialists. Theis intent is to develo'e the majority of these In lots, with their southwest hillside exnosure, into Eden Prairie's first community of earth sheltered tomes. Thank You for your consideration. Sincerely Countryside Investments Inc. Clifton J. Swenson - President 789 • S1A1E Or DEPARTMENT OF NATURAL RESOURCES 'f f Metro Region Waters, 1200 Warner Road, St. Paul, MN 55106 :# PHONE. 296-7523 Fil,No. January 14, 1980 Mr. Chris Enger Director of Planning 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 RE: UNNAMED WETLAND WITHIN SUNSET TRAILS DEVELOPMENT, SECTION 5, Ti16N, R22W, HENNEPIN COUNTY Dear Mr. Eager: A field investigation was made of the wetland involved with the Sunset Trails Development on January 10, 1980. The wetland, while having considerable amounts of red osier dogwood (Cornus stolonifera) and willow (Salix spp). within it, has enough water and cattail (Typha spp.) within it to classify it a type III wet- land/public waters. The enclosed map shows the approximate location of the wetland in red. The Department of Natural Resources (DNR) does have jurisdiction over type III wetlands/public waters, and a DNR permit will be required to alter the wetland. The basis for determining wetland types is the U.S. Fish & Wildlife Service Circular 39 entitled '"Wetlands of the United States". Enclosed is a copy of the chapter entitled "The 20 Wetland Types". The DNR has regulatory jurisdiction over inland fresh areas types III, IV, and V that are larger than 2} acres, as provided for by 1979 legis- lation. Should you have any further questions pertaining to this matter, please feel free to contact this office. • Sincerely, ���,E,Yi•,•..-c r ibkkesmoe Regional Hydrologist KL/TLL/ch • f AN EQUAL OPPORTUNITY EMPLOYER � ' -ron tt iF , ifr `t / \ ''‘. . \\ • . .1 /7 I 1 i r/ i h• 44,4/•.. 1 4t. • (\ 7 oe . __:, .„., 1 . \ , . \ .. ik i ( I 4) • •0 ...,/ : ' <.ii:' q • ! . iitc: \,_ ,,.... , b � 2 01 l• ; 001 :). D 4. ' ... . t • 1111111111114p0 , \s,1 % \1 .• • I ‘fr/ 'V' : z,.,,.--4 . p. ; 0i,,- ' --1-1-. r /1 ft. .,-) • rgy :r •. • ' ti C Y . . / Z c•,. ' I •---„, ), . . 1 r :` • O � -1 -. . , � / t �" ` - �, , / i{ ' 0to , t /• ' S ,jt / / ..\\ •>;\ __-•-• , -- __-- - �( ` • •• ... \\ •.-• `i��til.�_•. / of..,. j - ____'.1. .... ?.1-. .-- 0 t. J',_,. .;....": 2`..„:,..,1' 1 - ' ;,-. -- -1 1--71-1 -.L. - .• - '•,..._ .1 •:• _ ...c.-. .. . _. .. . :: . , ._ -. • •_ •..��.. _. ' o f 'c•it� -'M . .` ,:m D:• ' f November 29, 1979 0 N m 1 to a m m Mr. Chris Enger, Planning Director . m Eden Prairie City Hall . . . . o 8950 Eden Prairie Road a Eden Prairie, Minnesota 55344 m TO . D• ear Chris: a mI wish to thank you for the opportunity you have given me to review In the Sunset Trails and Olympic Hills Sixth Addition projects. My c comments for both of these additions for residential growth with regards E to student transportation are as follows: of m Olympic Hills Sixth Addition c• This addition would complete an important road link on Sunnybrook Road o from Flying Cloud Drive to Franlo Road. School buses would be able °' to provide transportation to the Amsden-Garrison-Laurel area on a more • v direct-line routing, providing energy savings for the School District o buses. Both the cul-de-sacs in plots 6 and 9 would be provided trans- ▪ portation with the stop at the intersection of Sunnybrook Road and the a intersecting street in plot 7. .c u N Sunset Trails r /� o V m • In reviewing this proposal I find that the entire project lies just N outside our School District boundary lines and therefore the students N would be attending the Minnetonka Schools. This area, however, could be u serviced by Minnetonka buses at a stop located at Durango Drive and Duck m Lake Road. v I hope that the above information might be of some value to you in discussing these projects at your December 10 meeting. Sin ere !24t . ,-, e-tAk} ext y D. R. p in r Trans o tation Manager DR:rl ( Encl. Project Information cc: Mr. M. Casio ?901 i • STAFF REPORT / . TO: Planning Commission FROM: Chris Enger, Director of Planning r PROJECT: Sunset Trails PROPONENT: Countryside Investments, Inc. 'REQUEST: Rezoning from Rural to R1-13.5 and Prelimi- nary Plat approval for 18 single family lots on 21 acres of land. LOCATION: 1600' north of Duck Lake Trail fronting on the Melt side of Duck Lake Road. DATE: February 7, 1980 t 4 BACKGROUND 1 The 1979 Guide Plan depicts this area as low density residential alc(2 uunits/ acre or less gross density) ar ar anticipatedas open slow land occurring on the western half of the acreage. ► i The low land area has been designated by D.N.R. as wetland falling within ( their jurisdiction. Any filling within the area below the 873 contour will require a permit. There is a small amoupt of,encroachment by two lots anticipated within this area. Flood plain is designated by the official City Flood plain zone as occurring on the western side of the plat. No encroachment is anticipated in that area or within 100' of any channel flowage. There is no designated shore- land within this proposal. EXISTING SITE CHARACTER The site is made up of: a southwest facing 10% slope on the eastern third of the property, a low wet area on the western two thirds of the property, . I+ and two knolls within the wet area. The development is proposed on the sloped portion of the site made up of Hayden Clay loam and Heyder Sandy loam. On these soils there is an erosion hazard if extensive grading is done. Special attention will he required for restoration of areas during and after construction along with a compre- hensive erosion control plan to assure protection of the wetland area. Restoration of the graded areas should occur immediately after intial road and utility construction and individual lots should be upon completion of construction. . / "During'wet years, side-slope seepage occurs on these soils. Therefore, A it is a good practice to place tile around foundation footings to intercept water that might seep into basements. A tile outlot is needed." (Hennepin County Soil Survey, April 1, 1974, Page 130) I 713 Sunset Trails -2- February 7, 1980 The building site itself is largely devoid of major vegetation with the exception of shade trees around the old farmstead adjacent to Duck Lake Road. There is an existing home and out buildings on the site which will be removed by the development. UTILITIES AND ROADS The property will gain access from Duck Lake Road which is currantly under improvement. Sanitary sewer and water is being installed with this improve- " ' ment. This development, a portion of the property to the north, and about a dozen lots in High Trails Estates (to the East) will be served by a lift station planned for the south side of this plat. This lift station will not affect property to the south and west. However, the Ecklund Swedlund property to the north will require an installation of sewer to the main interceptor to the west. This will allow gravity service for the properties along I75th Avenue and 66th Street in the future. A 30" storm sewer is now under construction along the northern line of City ' property lying south of Sunset Trails. This serves High Trails Estate (on the east side of Duck Lake). This pipe extends only 3/4 the length of Lot 9, Block 1. Because of the way in which grading is anticipated, Lot 8, Block I will be subject to inundation. The backyard of Lot 8, Block 1 should be filled to a higher elevation to assure that this does not occur. Along !, with the storm sewer construction the developer is proposing the placement of a gravel lane to allow access to the lift station. However there would be over a 13% slope on the service lane making access very difficult. Final placement of the lift station and access to it must be reviewed and approved by the City Engineering Department. Durango Drive is dead ended at the north boundary and a temporary cul-de-sac must be constructed for turn arounds if a connection with the northern property does not occur concurrantly with this development. Four lots have direct access to Duck Lake Road. Lot 9,Block 1, and Lot S, Block 2 would not be allowed access to Duck Lake Road. GRADING The currant grading plan is based upon earth sheltered housing. In any event, it is critical that a detailed grading/development plan be done based upon actual floor plans and first floor elevations to assure proper drainage around and between homes. The earth sheltered concept allows use of the slope without long retaining walls between the upper tier of lots along Duck Lake Road, and the lower lots. The development plan should also indicate phasing so that the upper lots are built and sodded prior to construction on the lower lots. Lots sold to individual owners must be protected from erosion before,during,and after construction. Sodding of lots shall be required immediately after construction of individual homes. LOT SIZE Lots 2 and 3 of Block I do not meet the minimum median width required by ordinance and Lot 4,.Block 2 does not meet the minimum malian depth. These Sunset Trails -3- February 7, 1980 ; • 'discrepancies should be corrected in the final plat. All lots shall tea minimum of 13,500 square feet. Lot 7, Block 2 should also be slightly enlarged to meet this. OPEN SPACE, TRAILS Outlet "A" should be conveyed to the City in some fashion. Ordinance #336 allows the City to require 10% of land to the City. This would be 2.1 acres. The remaining 10 acres nay be conveyed to the City as a charitable donation. The developer should place a 5' wide concrete sidewalk along Duck Lake Road. RECOMMENDATIONS The Planning Staff would recommend that the Planning Commission recommend to the City Council approval of the rezoning from Rural to R1-13.5 and pre- liminary platting of 18 lots subject to the following: 1. The proponent apply for a fill permit to the Department of Natu- ral Resources. 2. Prior to building permit issuance that a detailed development plan showing, phasing, restoration, and detailed grading be sub- mitted to the Engineering Department for review and approval, and that any deviation from that plan with subsequent building ( be reviewed and approved by.the Engineering Department. 3. An erosion and sedimentation control plan must be reviewed and approved by the Riley/Purgatory Creek Watershed District prior to any grading of the site. 4. Lot construction should be phased from Duck Lake Road down, and each lot shall be sodded immediately after construction. 5. The placement of the lift station and access to it must be reviewed and approved by the City Engineering Department. 6. The storm sewer between Lot 4 and Lot 5, Block 1, shall be extended to the back lot lines. The storm sewer along the southern property boundary shall he extended as far as possible and the out fall and appurtenant ditch shall be reviewed and approved by the City Engineering Department. 7. Lot 5, Block 2, and Lot 9, Block 1 shall not be allowed access from Duck Lake Road. 8. A temporary cul-de-sac shall he constructed at the north end of Durango Drive if this development does not proceed concurrent with development to the north. • 9. The develaper shall construct a 5' wide 5" deep concrete sidewalk along the entire length of Duck Lake Road adjacent to the property. 10. Outlet "A" shall be conveyed to the City. � P r.1,, •. jy id-rc7`;� 17361 W. 66th St. Circle Eden Prairie, MN 55344 December 6, 1979 Mr. Chris Enger Eden Prairie City Hall 8950 Eden Prairie Rd. Eden Prairie, MN 55344 Dear Chris: Two years ago my wife and I had Mary Anderson Construction build a home for us at 17361 W. 66th St. Circle. We selected the lot, the city of Eden Prairie,•and the neighborhood we now live in because of the view from the property, the small town atmosphere of Eden Prairie, and the friendliness of the people who live here. After receiving the notice of public hearing for rezoning a plot of land west of Duck Lake Road and north of Valley Knolls Addition owned by Countryside Investment Corporation from rural to RM65, I felt fear for the loss of the very things that attracted us to build at our present location. My fears stem from the following concerns: ( Environmental impact on an area of land that now supports wild pheasants, geese, deer, and other forms of wild life. The addition of a proposed road that would result in the loss of park land that now contains the most mature stand of trees in this immediate area. This road would not only result in the loss of some of the only remaining mature trees in the area, but would eventually carry a great deal of traffic very close to existing homes. The loss in property value for the citizens who paid a premium price for single family homes less than two years ago and must now be faced with the possibility of living next to rental properties. The most important point in my mind is that the majority of the neighbors I have talked to moved to Eden Prairie for similar reasons as I did. When someone stands up to justify development such as this in name of progress and growth for the city, I begin to wonder about their line of reasoning. Instead of making this area a better place to live, developers like this would turn the country atmosphere of Eden Prairie into the 494 strip. I am exaggerating slightly to make the point that without open areas like the plot of land that is cited for this development, Eden Prairie won't grow to be a better community to live in. It will become more congested, less friendly, and take on more of a large city atmosphere. Chris Enger -2- December 6, 1979 Therefore, I recommend denial of the proposal for rezoning and encourage ( the city to consider the purchase of such properties to be left as open spaces or managed for the sake of preserving the qualities of Eden Prairie that caused the existing citizens to move here in the first place. Please contact me if I can be of any assistance concerning this issue. Thank you, Dean Gayther 17361 W. 66th St. Circle Eden Prairie, MN 55344 Work Phone: 887-8151 Home Phone: 934-2555 P.S. Due to travel in my work, I cannot be present at the Planning. Commission meeting on December 10, but request that you read this letter at the proper time on my behalf. 7�7 • HOWARD DAHLGREN ASSOCIATES INCON•04A,EO S CONSULTJNG PLANNERS ONE OROVELAND TERRACE MINNEAPOLIS,MINNESDTA 58403 s13.377-3535 5 February 1980 Chris Enger, Planning Director Eden Prairie City Offices 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Chris: , • We have produced a rough estimate of the costs for the enclosed improvement plan on State Highway 5 at the intersection of County Road 4 to be in the neighborhood of $500,000 to $750,000. This includes lane additions to both the east and west bound lanes for an approximate distance of 1,200t feet on both sides of the intersection. We feel this large scale improvement is far beyond the reasonable capacity of any single developer or even the combined capacity of the abutting Highway 5 property owners. Perhaps this improvement can be staged and spread over a larger assessment area in order to produce a reasonable contribution by all parties. Cordially, HOWARD DAHLGREN ASSOCIATES, INC. (1.4/. s\Ptiti\—.01-3(54liN C. John Uban • DEPARTMENT OF TRANSPORTATION ••"" , 320 Washington Av. South =, �: � Hopkins, Minnesota 55343 HENNEPIN Q363381 • February 5, 1980 Mr. C.ris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: CSAH 4 & TH 5 Intersection Capacity Dear Chris: As requested we have determined the theoretical level of service of the intersection of CSAH 4 and TH 5 under two conditions: (- Case I, the upgrading of CSAH 4 according to concept alternate number 3• recently furnished your office with no upgrading on TH 5, and Case II, upgrading of CSAH 4 as in 1 above plus the upgrading of TH 5 to provide two through lanes each direction. The attached sheet presents the results of this analysis. As can be seen the improvement on CSAH 4 alone will provide a LOS of "D-" to "E" assuming 1979 volumes +5% + P.U.D. traffic. The upgrading of TH 5 presents the greatest benefits capacitywise and would result in LOS "C+" to "D" depending on lane distribution on TH 5. The greater the percentage of through vehicles one Can attain in the right lane (up to 50%) the better the level of service. Should you have any questions or comments concerning this analysis, please give me a call at 935-3381. Sincerely, Dennis L. Hansen, P.E. County Traffic Engineer DLH:pj Attachment cc: Herb Klossner Brad Larson HENNEPIN COUNTY ?if an equal opportunity employer CSAH 4 @ TH 5 EDEN PRAIRIE CAPACITY ANALYSIS CASE I --CSAH 4 upgraded as per Concept Alternate No. 3 --TH 5 same as existing conditions --Traffic Volumes as per "TRAFFIC ANALYSIS FOR PROPOSED P.U.D." - Strgar-Roscoe, Inc, --8-phase signal system at intersection with timing based on traffic volumes. --3% trucks --Residential area as per Highway Capacity Manual --PM Peak Hour (Sept. 1979) 1979 traffic + 5% growth + P.U.O. traffic 214 80 112 233 -.if-- 949 107 " _—96 TH 5 462 33 4 t 77 I 49 180 CSAH 4 CAPACITY ANALYSIS - Intersection will operate between Level of Service "D-" to "E" during the PM Peak Hour. CASE II --Same as CASE I except, TH 5 upgraded to provide 2 thru lanes of traffic in each direction. CAPACITY ANALYSIS - Level of Service will vary through the intersection depending . on the effect the 2 lane bridge east of the intersection has on TH 5 traffic fully utilizing both thru lanes. A. Full utilization of thru lanes (50/50) - Level of Service "C+" B. 55/45 Utilization - Level of Service "C-" C. 70/30 Utilization - Level of Service "D" BJL:pj 1/31/30 STRGAR-ROSCGE, INC. CONSULTING ENGINEERS El LAND SURVEYORS 630 Twelve Oaks Center.15500 Wayzata Boulevard Minnetonka,Minnesota 55391 1' (612)475-0010 • Refer To File: October 8, 1979 Mr. Jowl Uban HOWARD DAHLGREN ASSOCIATES, INC. Suite 102 One Groveland Terrace Minneapolis, Minnesota 55403 re: TRAFFIC ANALYSIS FOR PROPOSED P.U.D. N.E. QUADRANT C.S.A.H. 4/T.H. 5 INTERSECTION EDEN PRAIRIE, MINNESOTA Dear Mr. Uban: ( As per your request, we have prepared a Traffic Analysis for the above referenced 37± acre site in Eden Prairie, Minnesota. The proposed P.U.D. includes the following land uses: 31 Single Family Residential Units 18,000 square feet of Medical Office • 68,000 square feet of General Office 5,000 square feet of Restaurant 4,000 square feet of Fast Food Restaurant TRIP GENERATION Trips were estimated for the proposed P.U.D. utilizing the above site data and trip generation factors obtained from the Institute of Transportation Engineers "Trip Generation" manual. We have estimated that the proposed P.U.D. will generate approximately 3700 average daily trip ends (inbound + outbound trips) with a total P.M. Peak Hour (of adjacent streets) of approximately 390 trips (inbound + outbound). This computation is sum- marized in Table 1. By comparison, the 75,000± square foot shopping center to the west is esti- ( mated to generate approximately 5500+ average daily trip ends. The P.M. Peak Hour (adjacent streets) of the shopping center is estimated to be approximately 375± trips (inbound + outbound). Mr. John Uban - 2 - October 8, 1979 EXISTING CONDITIONS P.M. Peak Hour traffic movements were counted at the intersection of C.S.A.H. 4 and T.H. 5 in September of 1979 (See Figure 1). Based on these turning movement counts, the intersection operation was analyzed for P.M. Peak Hour traffic conditions (See Figure 2). Our analysis indicates that the inter- section is operating at Level of Service "Dt"during P.M. Peak Hour traffic conditions. Level of Service "D" is defined as approaching conditions of unstable traffic flow. Table 2 defines characteristics of various Levels of Service for urban area roadways. C.S.A.H. 4 on the west side of the proposed P.U.D. consists of a two-lane roadway with a continuous right turn lane for southbound traffic. IMPACT OF PROPOSED P.U.D. Inbound and outbound Estimated P.M. Peak Hour Trips for the proposed P.U.D. were assigned to the existing roadway system as shown in Figures 3 and 4. T.N. 5/C.S.A.H. 4 Intersection The T.H. 5/C.S.A.H. 4 intersection operation was analyzed for P.M. Peak Hour turning movements with P.U.D. generated traffic and a 5% increase added for general traffic growth (See Figure 5). This analysis indicates a Level of Service "D-" for existing intersection and signal conditions. To substantially increase the Level of Service of the T.H. 5/C.S.A.H. 4 intersection during the P.M. Peak Hour, additional lanes must be added for through traffic on T.H. 5. C.S.A.H. 4 Traffic generated by the proposed P.U.D. will require right turn lanes for northbound traffic on C.S.A.H. 4 along the west line of the P.U.D. The C.S.A.H. 4 southbound three-lane approach to T.H. 5 is adequate to accommodate P.U.D. generated traffic. Sight distances for both entrances onto C.S.A.H. 4 appear to be adequate. CONCLUSIONS/RECOMMENDATIONS The existing roadway system will accommodate P.U.D. generated traffic as noted below: 1. The T.H. 5/C.S.A.H. 4 intersection will operate at a very low Level of Service during the P.M. Peak Period of 4-6 P.M. An additional through traffic lane in each direction on T.N. 5 would significantly 1 Mr. John Uban - 3 - October 8, 1979 • Conclusions/Recommendations (cont'd) • increase the P.M. Peak Period Level of Service. At the present time the Minnesota Department of Transportation has no improvements pro- grammed for T.H. 5 in this area. 2. C.S.A.H. 4 will operate satisfactorily with the following considerations: a. A right turn lane should be provided for northbound C.S.A.H. 4 traffic entering the P.U.O. b. The southerly intersection, if possible, should be aligned with the shopping center to the west to accommodate potential future reconstruction of C.S.A.H. 4 which may include channelization. c. Sufficient right of way should be provided for C.S.A.H. 4 to be widened to four-lanes with possible left turn lane and channel i zation. Please feel free to call this office should you have any questions. Very truly yours, STRGAR-ROSCOE, INC. iged,44.." • Robert B. Roscoe, P.E. Vice President • RBR/sg C .to. A-• • ( ce B. .N-1 b n .4 to CM 1 d••in LA. k {{{ N L • ' Y • Evf • ••-•-• N .N-. .�-; N n < U O S Y Q W y S 4 co , LLS @ W t QQ C a Lr h se) n CV 10 f co to W I- Q y W N O J / La La [\ La Cs Q ' Z mQJ tom- 0 G 1.- oc co 0..I-La cc) • CO LaO C'K G O CV 0 OD 0 CV W O. 1-cC tLc)h O a W O. CD H C' C' 0 I. IL 1--I • U. 9C ..� U. U. U. U. p Y Y Y Y • .-4 0 OD to a CO co in .-4 N N r g CI 41 U V v C • ll N to Y N Q C LL..- U . S. L`-. J141 SC S. S. C N i.7 = Cl. CO C9 f � y • ( TABLE 2 LEVEL OF SERVICE FOR URBAN ARTERIAL STREET INTERSECTION TRAFFIC FLOW CONDITIONS LEVEL SERVICEF DESCRIPTION V/C RATIO LOAD FACTOR A Free Flow 4.6 0 (Relatively) • B Stable Flow 4.7 6.1 ( igh Delay)Sl C Stablet flow 6.3 (Acceptable Delay) D Approaching Unstable Flow 6.9 6.7 (Tolerable Delay) E Capacity: Unstable Flow 61.0 61.0 (Congestion; In- Tolerable Delay) F Forced Flow >1.0 Not (Jammed) Applicable V/C RATIO = Ratio of Traffic Volume vs. Capacity • LOAD FACTOR = Ratio of Loaded Green Cycles vs. Available Green Cycles . • li z9LI Z Z D W ay S N cew ‘7N,-"te - 0 ta z •••••:?..' iI! . m W 2 4 VIW • Q V �ti CD 41 W • • 8911 I- .E1E1 • • zit, I__ L . . • m N °� tot El 091• £L co •• n b8I bV f70- • t .H.V S.3 J . IEEE • III T oss O Q M F Q 0 N W W i- Z t M am. F- W. Z 1. C 0 H 10 D. • £SSI > z • a o W C S W Q F H • ( FIGURE 2 f , NJ. re, Q m • • .2 1 .k ..---- Al �— B2 • 81 A2 — -....\ ) I r , • d- M m Q • . • 5-PHASE 1979 P.M. NUMBER OF SYSTEM PHASE PEAK HOUR APPROACH % CYCLE (MOVEMENT) VOLUME * • LANES REQUIRED Al 904 1 •1 • 550 28 ** A2 440 iO ** B1 79 1 B2 91 1 Single 10 A 1 Phase 11 A4 184 184 1 30 ** 83 107 173 1 30 B4 12 ** Clearances 2 Total Critical Phases 1 02 Level of Service NOTES: * P.M. Peak Hour is approximately 9-10% of ADT ** Denotes critical phase ( il A ,.,.. , • _ --1 • STRGAR-ROSCOE, INC. 0,17/513s. , COM HO. CONSULTING ENGINEERS U LAND SURVEYORS SHEET OF COMPUTATIONS FOR EDem PRA-1 R 1E P LI D , 12151a DATE IO-4-79 r A__EF.A -r.: Eb2mg. A-SS ici-tv H ENTS CMKD.BY DATE____ IA/ ebe.i'v 4 TA/PS FIGURE 3 - Of. . . 1 L I ,) , •. zz 1 . . . , . . . . . I . • . ill • • . 1 ' 171 • . - . " _ _ - 4f_ - . •_(3) - _ I . . ID , • . . 1 1 1 I * czoores . CatTILA-L I 11-11- ei erz..SeaTtAl • • 1-i0V 6 t-ite,L4 • " ( . . .. ... •le;I . • .-..,'. . ..,.r,. ..--::.77--7:: <j,--::.:-:. LEVEL OF SERVICE ANALYSIS T.N. 5 - C.S.A.H. 5 INTERSECTION P.M. PEAK HOUR WITH P.U.D.l I�; FIGURE 5 C.S.A.H. 4 F cr M Q m • • 2 1 \ ..... . -♦----Al '� 62 STATE HIGHWAY B 1 " .� NO. 5 A2 d• no • ma • • EXISTING NO. PHASE P.M. PEAK HOUR OF APPROACH % REQUIRED (MOVEMENT) VOLUME * LANES la 12/ j Al 949 1 55 ** 36 ** 36 ** A2 462 1 27 20 30 61 107 1 12 ** 12 ** 12 ** B2 96 1 11 11 11 A3 180 1 . Single 11 Sgl. 11 11 A4 214 1 Phase 17 Ph. 17 17 ** 63 172 1 34 ** 34 ** 20 64 77 1 30 30 • 15 ** Clearances 12 ** 12 ** 16 ** Total of Critical Phases 113 94 96 • Level of Services D- B B- NOTES: * 1979 traffic +5% growth + P.U.D. traffic ** Denotes critical phases�, (1) Existing roadway conditions (2) Two-lane approaches on T.N. 5 (3) Two-lane approaches on T.H. 5 with 8-phase signal system X©9 STt1GAR-R V SCOE, INC. COMM.N0.0174 33$" CONSULTING ES) LAND SURVEYORS CoSHEET q OF COMPUTATIONS FOR Ems/LG1..'�+ pP 4\/4y 1 1c 1 E, (�Li C C gY Rag DATE 0-4-79 P'YSJ,-N H6'/7 CMKO.SY DATE ©Gr8 > w r,?/Ps FIGURE 4 • , L • • 12 _ • S vUrI • sere i , 201 TN. 5 ZI AENare' • eaii-IGFt<t, NTEAZ ECM It) I 140 vet-tt • �/D JmJ Gonyea PUD LD-79-PUD-11 { CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-43 A RESOLUTION APPROVING THE GONYEA PLANNED UNIT DEVELDPMENT AND AMENDING THE 1968 GUIDE PLAN WHEREAS, the City of Eden Prairie has by virtue of Ordinance No.135 provided for the Planned Unit Development (PUD) of certain areas located within the City, and WHEREAS, the Gonyea PUD is considered a proper amendment to the 1968 Guide Plan, and WHEREAS, the City Planning Commission did consider the Gonyea PUD and made a recommendation at their November 13, 1979. WHEREAS, the City Council did hold a public hearing on March 18, 1980 to consider the PUD application. NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie. Minnesota as follows: { 1. The Gonyea PUD, being in the County of Hennepin and the State of Minnesota, and legally described as outlined in Exhibit A, attached hereto and made a part hereof. 2. That the City Council does grant PUD approval for residential, office, commercial, and open space uses as per the material dated March, 1980. 3. That the PUD meet the recommendations of the staff report dated November 8, 1979. ADOPTED, by the City Council of Eden Prairie this day of 1980. ATTEST: Wolfgang H. Penzel, Mayor John D. Frane, City Clerk approved Planning Commission Minutes -7- November 13, 1979 the rezoning from R1-22 to Office and RM-2.5 for small office building and a 45 unit elderly apartment on 4.4 acres per the ( staff report dated 11-8-79 provided that item 6 read "That the developer understand that he maybe required to grant additional • right-of-way and improvements to County Road 4 as determined by Hennepin County and other interested parties. Bentley seconded provided that the following be amended. Item 2 read "that all signage be according to city ordinance with the exception of the bank having a sign of up to 20 ft. and the land- a scaping be according to city ordinance. That item 4 have the addi- ; tion that no cash park fee be required on the elderly housing. Also ,, that the parking lot lighting not exceed 20 ft. in height and that fixtures be of a cut off ' luminaire type restricting light to it the parking lot area only. And also include the letter from MnOOT ' i' dated 10-15-79 and the letter from the Hennepin. County Highway Dept- ment dated 10-3-79. Amendment to the motion were accepted by the mover. Motion carried 6 - 0. u D. Gonyea, PU , request for PUD concept approval for 37 acres for 1duplexes, elderly housing, offices, and restaurant uses. A con- tinued public hearing. Howard Dahlgren, representative from Howard Dalgren Assoc.gave a brief presentation explaining the changes he made on the plat. He explained that they have now incorporated a lot for a 40 unit elderly housing project in place of one of their office building sites. He also ( explained that the original office building that was whomiaon theon hway 5 has been reduced from 18,000 sq. ft. to 14,000 sq. ft.access road to it has been brought out to make an intersection on highway 5 directly north of Fuller Road. The Planner stated that the staff recommends that the Commission recommend approval of the request for PUO concept to the City Council provided that the site shown as fast food Burger King restaurant be converted to either office or avery• low trip veneration restaurant use. That this approval be subject toconformance with all city ordinances and proper site plan review at time of zoning and pre- liminary platting. That pedistrian system be incorporated within the project including a five foot wide concrete side walk along county Road 4 and a five foot wide concrete side walk along the southern loop road from County Road 4 northeasterly to the single family area. That adequate right-of-way area be reserved according to Hennepin County requirements in order to allow improvement of the intersection in the future. Cash park fee of 51400. per acre or what ever fee isapplicableat time of building permit issuance be required on this site. Modification of the pond subject to Oept of Natural Resources approval. If the elderly housing site is not to become an available optioninthe future the concept must be modified through a PUD amendment. All site plans submitted for preliminary platting and zoning approval will be subject to preliminary archi- tectual drawings, detailed site plan and all provisions of City ( ordinances. Bearman inquired whether a joint access had been worked out between the eastern proposed office building and the Prairie Lawn and Gar- den Center. Dahlgren replied that although they have contacted Mr. Riegert of the Prairie Lawn and Garden, he was not acceptable to joining the access. Therefore, Mr. Dahlgren was proposing that the Gonyea • . ............. Tu 4 Airprtiv north of Fuller Road. pm approved Planning Commission Minutes -8- November 13, 1979 levittinquired about the drainage problem in the area. • Dahlgren replied that the City Engineering Department had determined a solution to the problem off their site. • Jim Rowell, 7510 Westgate Trail, inquired if there were two access' . onto Country Road 4 and if there were, where are they. Dahlgren replied yes, and that one of the access' would be adjacent to the Prairie Village Mall main entrance, the northeast entrance would be approximately 150 feet south of Luther Way.• Jim Rowell state that he felt that something should be done to improve the intersection of County Road 4 and TH 5 before any type of development is allowed to be constructed. Torjessen inquired out of the three alternatives that Hennepin County gave Mr. Dahlgren, which did he prefer. Dahlgren replied that he felt that the alternative which would allow a future intersection at the southern entrance to Prairie Village Mall would work if it were signalized and double left turn lanes provided Bearman stated that intersection and light improvements will be reviewed by the County and may not occur as the developer proposes. Bob Radkin,-realestate representative for Burger King Restaurant, stated that 80% of the people who come to Burger King stop on an impulse stop. Most of the traffic that comes to Burger King is traffic that already exists and only about 20% of the Burger King traffic actually plans ahead of time to go to Burger King. There- for Burger King would not actually add that much additional traffic. Bob Roscoe,Strgar-Roscoe Inc. traffic consultant to Gonyea ,stated that the method they used to determine how much trafic a Burger King Restaurant generated was not done with consideration of where the traffic was corning from but how such traffic actually ones toBuroerKino. Levitt stated that it shows in the traffic study that the inter- section of 4 and 5 is already in poor condition, and he feels that any type of commercial development could only make matters worse. MOTION: Bentley moved, Tor.jessen seconded to recommend to the City Council approval of the PUD Concept dated November 7. 1979 and per the recommendations of the staff report dated 11-8-79 with the followina additions: under recomendations item 3 should have the addition that cash park fee would not be required for the elderly housing units. item 7 have the addition that the fast food Burger King restaurant site be converted to either office or low traffic generation restaurant use, item 8 have the addition that the DNA and the City staff pursue a solution in cooperation with the proponent tattle traffic problem in the area, and item 9 have the addition that a more specific traffic improvement requirement and solution be made available at the tine of / request for rezoning and or preliminary platting. • l Motion tied 3 - 3 (Bentley, Torjesen & Martinson voting aye) (Levitt. Retterath, & Bearman voting nay) Levitt stated that he feels it is too early to grant a concept to any type of commercial development on this piece of property until there is some resolution to what is already a bad intersection. He also stated that the traffic study shows that almost any add lei Nul uvcu Planning Commission Minutes -9- November 13, 1979 Retterath stated that she is in basic agreement with Mr. Levitt and that she does not feel comfortable with allowing development on this site before traffic improvements are made. • Bearman stated that he also does not feel that there should be any type of development on this site until improvements are made. He continued to say that he doesn't feel that just omitting the Burger King Restaurant is fair because any type of restaurant is going to add to the traffic problem. Torjesen stated that he feels that the proponent has work hard to _solve the problems and has revised his plans to comform to the recommendations of the staff. He continued to say that if the proponent has definite plans of how he will help improve the inter- section of TH 5 and County Road 4 at the time of rezoning, this PUD concept should be approved. MOTION: Bentley moved Martison seconded to recommend to the City Council approval of the PUD concept dated November 7, 1979 and per the recommendations of the staff report dated 11-8-79 with the following additions: under recommendations item 3 should have the addition that cash park fee would not be required for the elderly housing units, item 7 have the addition that any commercial development on this site be contingent upon specific traffic improvement requirements and solutions to be determined prior to rezoning and or preliminary platting. Motion tied 3 - 3, (Bentley, Torjessen, & Martinson voting aye) (Levitt, Retterath, & Bearman voting nay) E. MICHELANGELO Gardens, by Rembrandt Enterprises. Request to rezone 36.6 acres from Rural to RM 2.5, preliminary plat approval for 7 lots, and approval of an Environmental Assessment Worksheet. A public hearing. Gregg du'Monceaux gave a brief presentation explaining the improvements which they have made on this project. He explained that they have reduced the number of units, changed the position of the access and improved their buffering. Bearman inquired if the eastern portion of this project was on the same grade as the Hanson Auto property. du'Monceaux replied that it is not, that that there is an upper eleva- tion of about 880 feet and then a decline to about 855 feet. Torjesen inquired if the developer planned to continue 70th St down to the southwestern part of this project. du'Monceaux replied that they are having problems with that very item and that they have not yet decided exactly where the road would go. Torjesen inquired if it is possible that the developer will be putting in a cul-de-sac at the end of that road near the condominiums. du'Monceaux replied that it is possible that at some phase of the pro- ject that road may be a cul-de-sac. He also stated that they plan to work that out along with the grading plans and the site plans. 1/z/ . I MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lwnbert, Director of Community Services DATE: March 13, 1980 SUBJECT: Development Proposal Check List • PROJECT: Conyea PUD PROPONENT: Gonyea Investment Co. • REQUEST: PUD approval of mixed residential, office and commercial uses on 37 acres of land. LOCATION?.E. corner of intersection of County Road 4 and State Highway 5 BACKGROUND: See Planning Staff Report • CHECKLIST: 1. Adjacent to parks? (Neighborhood, Community, Regional) No Affect on park: N/A 2. Adjacent to public waters? Pond is considered public water by DNR Any filling, dredging, or changing of the pond will have to be Affect on waters: reviewed and approved by the DNR. 3. Adjacent to trails? There is a proposed sidewalk along Co. Road 4 and alone the southern loop road from Co. Road 4 to the residential area. Type of trails: (bike, multi-use, transportation, etc.) Pedestrian Construction: (asphalt, concrete, wood chips, aglime) Concrete Width: 5' Party Responsible for construction? Developer Landownership: (dedicated, density tradeoff, etc.) Dedicated Type of Development? (residential, commercial, industrial}Residentia]/Office/Com / Where will CASH PARK FEE go? (what neighborhood) Community park and trail develop- ment Need for a mini-park? no • -2- 5. REFERENCE CHECK: a. Major Center Arca Study: N/A b. Neighborhood Facilities Study: N/A .c. Purgatory Creek Study: N/A d. Shoreland Management Ordinanco: N/A (pond is too small) e. Floodplain Ordinance: N/A f. Guide Plan: See Planning Staff Report g. Other: 6. Existing or pending assessments or taxes on proposed park property: N/A 9. CAS!! PARK FEE? Should he charged as per ordinance 8. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against proposal: 9. Number of units in residential development? 31 sinafc family._ An units elderly housing Number of acres in the project? 83 acres Special recreation space requirements: none 10. STAFF RECOdti`IENDATIONS: Reeoanend approval as per Planning.Staff Report LAW Or VICES or LEVITT,PALMER,BOWEN, ROTMAN & SHARE 500 ROANOKE DUILOINO MINNEAPOLIS,MINNESOTA 55402 MATTIIEV, .LEVtrr 1 JOSH N.PAI.N ES AREA CODE eta RObr.NT H.SOwtN 530-000t JENNY P.ROTNAN ROSEflEO.Pt1 DIIE • Hei 2�t BTECM wINN pV►lCE 151 JOHN[MOVER PwTIIICE HCRAYITT November 26, 1979 00EL H,OOTTESNAR DATE SE.L.Lt.VITT JADES E.NELSON JOEEPII P.NOACE CATS r.RIPE ROE THATCHER Honorable Wolfgang Penzel, Mayor City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: Gonyea P.U.D. Dear Mayor Penzel: Following the vote taken on the Gonyea P.U.D. proposal at the Novem- ber 13, 1979 Planning Commission meeting, Mr. Enger requested an ( explanation of my "no" vote. This is to further clarify my reasons for voting against approval of the P.U.D. First, the P.U.D. is not consistent with the 1979 Comprehensive Guide Plan. The Guide Plan contemplates residential uses of varying densities, whereas the proponent seeks approval for substantial commercial and office uses. I was not persuaded that sufficient reasons existed to warrant such a deviation from the Guide Plan. Second, the commercial and office uses proposed for the site would have a significant negative impact on the serious traffic situation existing at County Road 4 and Highway 5. The Strgar-Roscoe report concluded that the intersection is marginally above minimum standards at the present time, and that the intersection and County Road 4 it- self would operate satisfactorily only with substantial improvements which may or may not be forthcoming. The proponent acknowledged that the commercial and office uses would be developed within a relatively short time thereby adding a significant volume of traffic. In addition to the volume of traffic to be generated and the resulting impact on the intersection, the Gonyea P.U.D. will create new and potentially dangerous traffic patterns and turning movements. Of fi7 • •. Honorable Wolfgang Penzel Page Two f November 26, 1979 particular concern is the high number of left turns which can be expected in and out of the development. It is because of these traffic patterns, as well as the significantly higher traffic volume that I believe the Gonyea P.U.D. can be distinguished from the Eagle Enterprises office building proposal that was approved earlier on the agenda. Very truly yours, 04'-4•4r.Z • Matthew L. Levitt MLL/pl cc: Mr. Roger Ulstad L-Mr. Chris Enger Mr. William Bearman Mr. Howard Dahlgren • • C + G Ae • STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning APPLICANT: Gonyea Investment Company OWNER: Gonyea Investment Company REQUEST: Planned Unit Development Approval • of mixed residential, office and com- mercial uses on 37 acres of land. LOCATION: Project is located on the northeast quadrant of the intersection of County Road 4 and State Highway 5. DATE: November 8, 1979 BACKGROUND The 1979 Comprehensive Guide Plan illustrates this area as low density resi- dential on the upper half and medium residential on the lower half with the pond area being shown as quasi-public. The existing zoning on the site is Planned Study which reverts to R1-22 on the upper half and I-General on the lower half. { The pond on the property is considered by the Department of Natdral Resorces as public waters, but does not fall within the shoreland classification. Consequently the critieria of the shoreland management ordinance do not anply. In addition this is not included under the City's floodplain designation. The current submission includes 31 single family lots adjacent to the existing single family lots on the east of the project and on the north of the pro- ject. It also has incorporateda lot for a 40 unit elderly housing project. The original office building that was shown on highway 5 has been reduced from 18,000 sq. ft. to 14,000 sq. ft. and the access road to it has been brought out to make an intersection on highway 5 directly north of Fuller Road. TRAFFIC The information provided to the Planning Commission at their last meeting from the Strgar-Roscoe Traffic Consultant engaged by the proponent illustated that the Burger King fast food restaurant had a trip generation rate of 350 trips per 1000 sq. ft. of building area. This is 4 time higher than the trip generation rate of a Perkins family style restaurant which was listed at 86 trips per 1000 sq. ft. of building area. It is clear by this study that the inclusion of a fast food use such as Burger King which occupies approxi- matley 5SS of the entire Planned Unit Development area and males up about 40% of the traffic does not belong at an already highly congested intersection. Planning staff would recommend that this fast food use be replaced with a much lower traffic generator land use more comparable in rate to the general office generation. We have had meetings with the Hennepin County Highway Department regarding 109 • Gonyea Investment Company -2- November 8, 1979 improvements to the intersection of County Road 4 and TH 5 and the County is currently studying what improvements would be necessary and how they. would occur. We expect these improvement to take the form of widening of County Road 4 and the County indicates that approximately 120 feet of right- of-way will be needed for some distance back from the intersection. Although this exact dimension has not been determined at this time the proponent should plan to incorporate these requirements. LAND USE Although the Comprehensive Guide Plan does not illustrate any commercial or office on this corner of the intersection there is a tremendous influence on potential land uses by TH 5. The small office site proposed in the south- east corner of the plat does not lend itself to any type of medium density residential housing. The office use proposed,although contributing to the traffic problem to a small degree,is an appropriate land use on that site. A single family residential area on the north half of the site is reflected on the Guide Plan and the inclusion of elderly housing adjacent to the pond and single family is also consistant with the City's Comprehensive Guide Plan and our current Housing Assistance Plan. The Clinic/Office uses pro- posed adjacent to County Road 4 and the restaurant will provide a complete service package if the elderly housing becomes a reality. Therefore the land uses proposed within this Planned Unit Development at this time are generally in conformance with the Comprehensive Guide Plan. As mentioned previously in the report the pond area on the site comes under the jurisdiction of the Department of Natural Resources and any filling, dredging, or changing of the character of that pond will be subject to their permit and review process. SITE PLAN • The over all site plan should be developed further to include pedestrian systems probably taking the following form; a five foot concrete side walk should occur in the right-of-way of the southern loop road alone the southern side of the road from the single family area down to County Road 4. Side- walks entering intothe individual restaurant uses to make them directly accessable to pedestrians should also be included. In addition a five foot concrete side walk along the entire length of County Road 4 should also be included. The two office buildings shown as Clinic/Office directly south and adjacent to the single family use will have to be carefully site planned at the platting and zoning stage in order to assure a proper buffer and transition between the single family land use and office building. All development within the proposed project including setbacks, signage landscaping and screening shall be required as per ordinance. RECOMMENDATIONS • The Planning Staff recommends the Planning Commission reconnend approval of the request for Planned Unit Development concept approval to the City Council for 38 acres based upon the land use concept illustrating 31 single family homes, 40 units of elderly housing, 54,000 sq. ft. of general office building, 16,000 sq. ft. of medical office building and 1 family style restaurant with �7� Gonyea Investment Company -3- November 8, 1979 the site shown as fast food Burger King restaurant to be converted to either office or a very low trip generation restaurant use. This approval would be subject to conformance with all city ordinances and proper site plan review at time of zoning and preliminary platting. The staff recommends this subject to the following items: 1. That a pedestrian system be incorporated within the project including a five foot wide concrete side walk along county Road 4 and a five foot wide concrete side walk along the southern loop road from County Road 4 northeasterly to the •single family area. *2. That adequate right-of-way area be reserved according to Hennepin County requirements in order to allow improvement of the intersection in the future. The proponent has committed to provision of•a free right turn lane into the site ,at this point this would be a minimum requirement. 3. Cash park fee of $1400. per acre or whatever fee is acquittable at time of building permit issuance will be required on this site. 4. Modification of the pond is subject to Department of Natural Resources approval. • 5. If the elderly housing site were not tobecome a viable option in the future the concept must be modified through a Planned Unit Development amendment. 6. All site plans submitted for preliminary platting and zoning approval will be subject to preliminary architectural drawings, detailed site plan and all provisions of City ordinances. * The staff has met with Hennepin County Highway Department on Friday, Novem- ber 9. The County presented a plan which outlined a requirement for 120 ft. total R.O.W. for County Road 4 along the entire western boundary of the Gonyea P.U.D. This would require 60 ft. from centerline of the existing road. In addition the County suggested that the southern access road pro- posed be moved north approximately 150 ft. to line up with Prairie Village Mall's north entrance. The County suggested improvements to the road would include a 4 lane road with right turn lanes, a full median with a protected left turn lane at the Mall's north entrance, with no left in at the existing southern entrance. Hennepin County will be empiling cost estimates so that the City can determine the developer's cost paricipation. CE:jo • ! ` !I 1 1 I I 1 I I 1 1 1 f 1 i 1 I _ . I 1 i 1 1 1 I I I ri---- L---' ) r : r ' ii-tINEPIN CO. SUGGESTS 1 1ANGE OF ACCESS PRAIRIE VILLAGE MALL ° i 1 r-------7 ' I l' I‘‘c) 1 .‘•w- vim( 1 1 • a i GONYEA !.USD 1 , jt Q I /‘ 1 0 0 1 40 ' � i � oQ MINUTES EDEN PRAIRIE PLANNING COMMISSION approved Monday, October 22, 1979 7:30 PM City Hall COMMISSION 11EMBERS PRESENT: Liz Retterath, George Bentley, Matthew Levitt, Hakon Toriesen, Virginia Gartner COMMISSION MEMBERS ABSENT: Chairman William Bearman, Oke Martinson • STAFF PRESENT: Chris Enger, Director of Planning Jeanie Ohnsorg, Manning Secretary PLEDGE OF ALLEGIANCE ---- ROLL CALL I. APPROVAL OF AGENDA_ Planner suggested approval of the agenda after it has been modified according to the letter of transmittal. Bentley inquired why the change of format. • The Planner replied that he felt that Gonyea, Cor Investment and Prairie Village Professional have a commdn denominator, that being the intersection of County Road 4 and TH 5 and the traffic problems pertaining to that intersection. Therefore the agenda should be altered to keep them in that order. Levitt inquired whether or not the proponents had been notified. The Planner replied Affirmative. MOTION: Bentley moved, Levitt seconded, to approval the agenda as modified in the letter of transmittal. Motion carried unanimously. II. APPROVAL OF THE SEPTEMBER 24, 1979 MINUTES. Considered under Old Business. III. -MEMBERS REPORT -- �artner b• eTly reported on 212. She reported that there has been no adoption of a route,but, they feel that they will reach a final decision by their December meeting. Their meetings are the second and fourth • Wednesday of each month at 7:00 in the Carver County Court House in Chaska. IV. REPORTS AND RECOMr1EDATIONS �• N , reques or PUD Concept approval for 37 acres for duplexes, elderly housing, offices, and restaurant uses. A con- . tinued public hearing. Proponent had requested a continuance. Manner reported that the proponent has completed a traffic study which illustrated the impact of this project on the intersection's • traffic flow. This study indicated that the intersection is approaching unstable flow and with the addition of traffic from the Gonyea P.U.D., the intersection will almost be at a point of intoleralbe delay. The intersection is rated on a letter basis of "A" through "F",•"F" being the worst. The traffic study showed the intersection • apporved Planning Commission Minutes -2- October 22, 1979 of County Road 4 and TH 5 being a DI.. Mr. Levitt inquired whether the traffic study was done with con- sideration of the development The Planner replied, the intersection was first studied with out consideration of the development giving the intersection a rating of D+. It then included the consideration of the development, giving it a rate of D-. The Planner also said that the report recommends that TH 5 be devloped into 4 lanes so that the traffic has additional stacking on the through lanes allowing more green time" on the turn lanes so that it's not stacked up so deeply. The Highway Department sated • that any improvements to the intersection at this time would require the developers help for financing. Joe Kissinger, 6601 Barberry Lane, Eden Prairie, MN stated that he felt that a fast food restaurant was not an appropriate use for this land and that he didn't feel that TH 5 should become a fast food stretch. He also stated that he would much rather see something such as elderly housing go into that area. Joe Lawler, 7621 Ontario,stated that he is concerned with the drainage, and he wondered if dredging the Meadows outlot area would help the drainage problem behind his house. Tte Planner replied that he would check with the Engineering Department. The Planner also reported that hehas suggested to the proponent that they reintroduce the originally proposed elderly housing into the plan in place of the office building north of the restaurants. MOTION: Levitt moved, Gartner seconded to continue the Goneya public hearing to the November 12 meeting. Motion carried unani- mously. B. COR Investment Corp., By Cor Investment Inc. Request to rezone .4-acres from Rural to Office. Located South of TH 5 and West of SA station. A public hearing. Lyle Folkstad site planner"for Cor Investment, gave a brief presentation on the Cor Investment project explaining the problems with the parking lot and parking lot lighting of their first plat. He then presented their revised plat showing that after meeting with the staff they have decided to scale the building down, which will require less parking and allow more area for buffer around the site, and also reduce the traffic impact. • Levitt inquired why the Cor Investment Corp. had changed its land use from a 48 unit housing develooment to a professional building. Folkestad replied because of lack of financing. Retterath inquired about where and if there was going to be a frontage road around that project site. Planner replied that there has been some discussion about a front- age road going around the west side of the site. Dew Riley- Purgatory Creek Watershed District 8950 COUNTY ROAD A4 • EDEN PRAIRIE,MINNESOTA 55343 • September 26, 1979 • Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Conyea Development - County Road 4 and T.H. 5: Eden Prairie Dear Mr. Enger: The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District has reviewed the preliminary plans dated July 12, 1979, as submitted to the District for the Gonyea Development to be located in the N.E. quadrant of the intersections of County Road 4 and T.H. 5 in Eden Prairie. The following policies and criteria of the Watershed District are applicable to this development. 1. The wetland area north of T.H. 5 has been classified as public waters by the Minnesota Department of Natural Resources. A natural ordinary highwater elevation has been determined by the MDNR. Any encroachment or work below this NOHW will require a Chapter 105 Work in Public Waters Permit from the Minnesota Department of Natural Resources. 2. In accordance with the Eden Prairie Drainage Plan, a permanent storm water storage facility with a storage capacity of 35 acre- feet is required on this development site. The District strongly encourages the construction of a permanent outlet from this ponding facility to Purgatory Creek as part of this development plan. A detailed storm sewer plan must be submitted to the Watershed District for their review and approval. 3. All buildings to be constructed adjacent to this pending facility must have basement or first floor elevations constructed a minimum of 2-feet above the 100-year flood elevation of this ponding facility. • Mr. Chris Enger Page 2 September 26, 1979 4. A detailed erosion control plan outlining how sediment will be prevented from leaving the altered areas on the development site both during and after construction must be submitted to the District for review and approval. If you have any questions regarding the District's comments, please contact us at 920-0655. ` Sincerely, • • Rob rt . 0 ermeyer BARR ENGINEERING C . • Engineers for the District RC0/lll • cc: Mr. Conrad Fiskness Mr. Frederick Richards • • • • • • • • • tb1N SO. Minnesota Department of Transportation District 5 cp 2055 No. Lilac Drive -"'oF Ta 'h Golden Valley, Minnesota 55422. (612)545.3761 September 11, 1979 • Mr. Chris Enger Planning Director • City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 SP 2701 T.H. 5 Plat review of Gonyea P.U.D. located in the Northeast Quadrant of TH 5 and CSAH 4 in part of the Southeast Quarter of the Southeast Quarter of Section 8, Township 116, Range 22 in the City of Eden Prairie, Hennepin County . i / Dear Mr. Enger: t We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: - This development, along'with others proposed or under construction adjacent to TH 5, will add a considerable amount of traffic to TH 5. • Our planning section estimates that this development alone could generate approximately 4,000 vehicle trips daily. Unless local arterial and collector streets arc developed it can be expected that this additional traffic will cause problems on TH 5. Since TH 5 is • operating near capacity, the only real relief would be major con- struction such as is proposed with new TH 212. - The plat should be reviewed by the Hennepin County Department of Transportation if this has not already been done. They may want to improve the CSAH 4 approach to the signal at TH 5 which would require additional right of way adjacent to CSAH 4. - Our District Hydraulics Engineer noted in his review of the plat that a permit will be required from the Riley Purgatory Creek Watershed District. - The existing right of way for TH 5 is in the process of being platted. The developer's surveyor should contact Mr. Keith Slater, District Surveys Engineer, for correct survey information on the right of way at CSAH 4. Ile can be contacted by telephone at 545-3761, extension 199. An Equal Opporluni,y Emplortr • Mr. Chris Enger September 11, 1979 Page 2 (. • If you have any questions in regard to the above comments, please contact our District Layout, Research and Development Engineer Mr. J. S. Katz at 545-3761, extension 150. . Sincerely • W. M. Crawl d, P.E. District Engineer cc: Charles Weaver Metropolitan Council • Gary Backer Hennepin County Surveyor's Office Doug Mattson Hennepin County Department_of_Transportation • • • • • • • • • • • • • . ifit MINUTES approved Monday, September 10, 1979 7:30 Pil City Hall COMMISSION MEMBERS PRESENT: Chairman William Bearman, George Bentley, Matthew ( Levitt, Hakon Torjesen, Virginia Gartner, Liz Retterath, Oke Martinson STAFF MEMBERS PRESENT: Chris Enger, Director of Planning 1f Jean Johnson, Assistant Planner PLEDGE OF ALLEGIANCE - ROLL CALL • • I. APPROVAL OF AGENDA • Bentley moved, Gartner seconded, to approve the agenda as submitted. Motion carried unanimously. II. APPROVAL OF THE AUGUST 27, 1979 MINUTES P.1,1V.A.3nd P, 6th line- should read . . . County Road 1 is realigned. • P.3,IV.A.1st F, 3rd line- should read . . . and the neighbors' declared refusal to accept this state of affairs . P.6,C. 7th P, should read . . . that we might be allowing too crowded • a look in this area. P.7,C. Motion, delete " to the City Council" • Motion • Torjesen moved, Martinson seconded, to approve the minutes as submitted and corrected. Motion carried unanimously. ( MEMBERS_REPORTS Comrrrission Member Gartner Gartner reported the 212 Committee still prefers the original 212 alignment which is still depicted on the City's Guide Plan. B. Chairman Bearman Dearman inquired how soil erosion control is enforced by the City. • The Planner responded the Watershed District has the expertise to review and recommend erosion control measures. The Watershed District then relies upon City staff, citizens,and their own inspection to keepabreast of project conformance. The Planner added the Wastershed District { has recently initiated a performance bond requirement on all projects to insure adequate soil erosion techniques are in place and functioning properly. i Motion • Gartner moved, Retterath seconded, to recommend the council decline to review future development proposals of proponents who arc in non -compliance of Developer's Agreements as brought to our attention by the staff. Motion carried unanimously. IV, REPORTS AND RECO;MFNDATiONS k. Geny_ea i'UD, request for PUD Concept approval for 37 acres for duplexes, elderly housing, offices, and restuarants. A continued public hearing. ( hr. Howard Dahlgren reported two neighborhood meetings were hold since the lest Planning ComniSSion meeting with about II couple's attending. He requested the Commission continue the item to allcw further investigation as to drainage and traffic impact the project will Pawn. He stated he will be working with the City Staff, Watershed District& Highway iropartir. nts. • • approved • Planning Commission Minutes -2- Sept. 10, 1979 A. Gonyea PUD, continued Mr. Dahlgren stated he believes the majority of the residents attending the neighborhood meeting were in agreement with the revised plan which depicts: 31 single family lots instead of 145 multiple, 2 restaurants instead of 3, and 4 office buildings. Bentley inquired if the access closest to TH 5 from Co.Rd. 4 meets with Hennepin County Highway approval. Dahlgren responded affirmative. Gartner asked if the proponent has resolved joint access with Prairie Lawn & Garden for the eastern office site. Mr. Dahlgren replied it is still being investigated . Beaman inquired how the project construction would be phased. Mr. Dahlgren felt the two restaurants and 3 of the office buildings would be constructed initially since buyers have been found. He added the single family lots are to be sold to one builder. Joe Lawler ,7621 Ontario Boulevard, felt although progress was made at the neighborhood meetings, that the plan is still not totally acceptable . Mr. Lawler stated the drainage from the pond presently is backing up against lots in the Westgate Addition and very little water passes through the culvert under Bittersweet Drive in the Meadows to the creek. ( Wayne Vedder,7531 Westgate Trail, felt the present drainage problems may be compounded by the high school under construction. Motion Torjesen moved, Retterath seconded, to continue the public hearing on Gonyea PUD to the October 22, 1979 meeting and refer the revised plan to the staff for a report, ask the developer to continue meeting with the residents, and further direct the staff to give full cooperation in solving the drainage problem along with the developer and residents. B. Hidden Glen, request by Zachman Homes for PUD Concept approval of single family attached and detached units on approximately 125 acres. A continued public hearing. As requested by the developer in his letter dated Sept. 7, 1979 , the commission took the following action: Motion Bentley moved, Gartner seconded, to continue the public hearing on Hidden Glen PUD to the Sept. 24, 1979 meeting. Motion carried unanimously. C. Shady Oak Industrial Park 3rd & 5th Additions, by Richard W. Anderson. Request to rezone from Rural to 1-2 Park 30 acres for approximately 9 lots, and approval of CAW. Located SW of new Shady Oak Road construction. A continued public hearing. Chairman itear.;mn suggested the Commission jointly consider Michelangelo Gardens with Shady Oak Industrial Park since the road systems connect. The Cuncaission members concurred. P2,1 L , { approved Planning Commission Minutes - 5 - August 13, 1979 C. BLUFFS WEST THIRD ADDITION. . . .public hearing (continued) Mr. Douglas Page, 15817 Valley View Rd., was opposed to high density in the proximity of the airport, explaining that he was a pilot, and that population tends to move toward an airport and that people are unaware until it becomes densley populated. He asked that the Commissioners consider the long range plans for the airport. The Planner explained that this was a much lower density project than the original proposal, which did infringe in the airport zones. Discussion on the recommended signs to be posted indicating proximity to the airport took place. Page asked about information to future owners, and urged strong consideration be given to the degree of warning. Torjesen expressed concern on whether the City should take the responsibility of informing prospective buyers about the proximity to the airport. Bentley felt it was not a question of responsibility, but of information. Sally Brown, speaking as Chairperson of the Flying Cloud Advisory Commission, referred to the small jet traffic and noise level occurring at the Flying Cloud Airport;fexpressed concern that the people living in this development,at a half mile away, will find the noise objectionable. Putnam responded that it.is their understanding that the noise level will decrease throughout the years. MOTION: Gartner moved to close the public hearing on the Bluffs Hest Third preliminary plat. Bentley seconded, motion carried 5-0. MOTION: Gartner moved to recommend to the City Council approval of PUD con- cept based upon the staff report of 8/7/79, and they addition that the developer proceed with negotiations with William Brothers Pipeline company to establish final pipe line location. Torjesen seconded, motion carried 5-0. MOTION: Gartner moved to recommend to the City Council approval of the rezoning from Rural to R1-13.5 as per the material dated 6/25/79, 7/12/79, 7/30/79 and per the staff report of August 7, 1979; with the addition that developer pro- ceed with negotiations with the William Brothers Pipeline company to establish final pipe line location. Torjesen seconded, motion carried 5-0. Bentley requested that blueprints of potential monitoring wells for methane aas adiacent to the landfill he made available to City Council at the time of {heir consideration of this project. MOTION: Gartner moved to recommend to the City Council approval of the preliminary plat dated 6/25/79 as per the staff report of August 7, 1979, with the above listed addition. Bentley seconded, motion carried 5-0. F. GONYEA PUD, request for PUD Concept approval for 37 acres for duplexes, elderly housing, offices, and restaurant uses. A public hearing. Mr. Howard Dahlgren, Planning Consultant, Howard Dahlgren Associates, presented the proposal for Gonyea Investment Company, and reviewed the history of the site with the use of graphics. He pointed out that this land slopes away from the residential areas and toward the drainage pond in the southern part of the site. Adequate land will be given to the City for drainage pur- poses. He explained that they did not feel this site would he appropriate approved Planning Commission Minutes - 6 - August 13, 1979 F. GONYEA POD,. . . .public hearing (continued) for retail uses, but felt a good group of restaurants, offices, and a series of small users would be a good use. The restaurants they had in mind were a Burger King, Perkins and one other full service restaurant. Their concept plan indicates residences (duplexes) will go along the line of residences to the north. Dahlgren emphasized their receptiveness to comments and input from the residents regarding the project. He requested the names of the residents for the purpose of setting up a neighborhood meeting with them, and assumed the responsibility of notifying the residents ork the future meetings. : The City Planner summarized some of the City's concerns, one of which was the traffic. According to the Department of Transportation, this land use would have an important impact on the traffic, especially at the intersection of County Road 4/Trunk Highway 5, which is at capacity presently. He ex- plained that the Prairie Village Mall was meant to be the extent of the commercial according to the Guide Plan,which indicates medium density resi- dential and quasi public uses because of the traffic situation. He suggested a joint access to Fuller Road with Prairie Lawn & Garden for the building to the west Levitt inquired what type of elderly housing was anticipated. Dahlgren responded HUD type of housing, and that they realize they will have to wait until funds are available. Levitt inquired whether they had definite committments from the restaurants and who would do the constructing. Dahlgren responded they have definite committments from Burger King and Perkins, and that the Gonyea Investment Co. would do the constructing. Bearman received and noted the communication from William and Margaret Hofius, 7501 Ontario Blvd., expressing their questions and concerns with the project. The Planning secretary was directed to send Mr. and Mrs. Hofius a copy of the Minutes when available in response to their questions. Mr. Doug Page, 15817 Valley View Rd., expressed opposition to the proposal, because it was a variation from the Guide Plan, traffic impact, and that he felt HUD housing was not usually successful. • Mr. Gerald Beauvais, 7735 Meadow Lane, pointed out that much traffic would be generated off of Luther Way from possible alignment, and inquired what the status of County Road 4 was as far as updating the road to accommodate additional traffic. The Planner explained that County Road 4 is a minor • arterial road in the Hennepin County road system, and is slated for being widened by requesting 100' right-of-way. The problem is at the intersection. Mr. Stan Riegert, Prairie Lawn and Garden, questioned the ponding area as proposed by the proponent (who would maintain it);and it was getting higher. He opposed the suggestion of the joint access to Fuller Road. He questioned how the building would blend in with his business. Dahlgren responded that it would blend in very well, and explained it would be a two story building, 90' fron,Riegert's property. .04, approved Planning Commission Minutes - 7 - August 13, 1979 F. GONYEA PUD public hearing (continued) { Mrs. Enger, 16221 Westgate Trail, explained that they back up against the property, and feel that many of the people feel this is the best proposal that has been presented yet. Mr. Ray Ruuska, 7660 Superior Terrace, landowner to the east, felt there was not much of a transition between the 3 story, 84 units for the elderly and his residence. Dahlgren responded to the question by Levitt on the elevation,change in that area as from 6' and 12 to 15'. Page inquired whether an Environmental Impact Statement had been done on this project, and also expressed concern with the rising of the pond and the drainage problems on that property. The Planner responded that there has been no mandatory threshold state reach for the State to consider an EIS necessary, although this does not mean the City will not investigate all areas of concern on this proposal, including the drainage and transportation system: Dahlgren explained that there has been more water directed to this area, and how this area is important in the Eden Prairie storm area system. The proponent will give the City appropriate easements that will work in this area. One of the residents on Westgate Trail questioned how the elderly would get across County Road 4, since they were proposing the units in this area because it would be within walking distance to a shopping area. Levitt responded that many of the HUD projects had vans at their disposal. Torjesen questioned where the holding pond flowed. The Planner responded into Purgatory Creek. Dahlgren assured the Planning Commission and homeowners that the proponent is committed to solving the drainage problem. Mr. Paul Nierman, 7531 Ontario Blvd., also expressed concern with the rise of of the water level, and further commented that he concurred with the staff _ report that there is too much planned for this area. Mr. Gretchen Olson, 16391 Westgate Trail, expressed opposition to the major modifications to the Guide Plan and was in favor of suggestions made by the Planner. Mr. Wayne Vedder, 7531 Westgate Trail, explained that his lot, along with his neighbor's lots were under water after the recent storms, and expressed strongly his concern with the drainage conditions. MOTION: Levitt moved to continue the Public Hearing on Gonyea PUD until Commission meeting of August 27, 1979 and return to the developer for modifi- cation as outlined in the staff report dated August 10. 1979. Bentley seconded, motion carried 5-0. • • •�.a3 • • l TO: Mayor & Council FROM: John Frane DATE: March 13, 1980 RE: MIDB'S Alston and Jean Lundgren $300,000 The Lundgrens intend to construct a Family Practice Medical Office on 1.76 acres to the south of the Superamerica Station west of County Road #4. The cost of this project is estimated to be $374,000. Employment is estimated to be thirty people when the entire site is developed. The property is zoned office which is correct for the intended use. Resolution #80-58 is included for your consideration. • • • CITY OF EDEN PRAIRIE, MINNESOTA • Application for • Industrial Development 13ond Project Financing • • 1. APPLICANT: Owner Lessee • Alston C. Lundgren & Eden Prairie Family Jean O. Lundgren Physicians, P.A. • a. Business Name - ++ ++' b. Business Address _6029 Fairwood Circle 6029 Fairwood Circle • Minnetonka, Mn. 55343 Minnetonka, Mn. 55343 until completion, then 7800 Eden Prairie Road c. Business Form (corporation, partnership, sole proprietor- ship, etc.) - Owners as individuals, Eden Prairie Family Physicians as a Subchapter S Corporation. • d. Stati: of Incorporation or organization - • Owners: N.A. • Eden Prairie Family Physicians, P.A. - Minnesota corporation e: Auth•ari?ed Representative - Alston C. Lundgren represents both owners and Eden Prairie Family Physiciar f. Phone office: 927-4635 home (nights): 934-1284 • • 2. NAME(S) AND ADDRESSES OF MAJOR STOCI:11OLDEflS OR PRINCIPALS: • a. Alston C. Lundgren, M.D. owns 100%of Eden Prairie Family Physicians, P.A 6029 Fairwood Circle Minnetonka, Mn. 55343 • b. • • • • • • c. • • -1- • ( • 3. GIVE. BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: • • General practice of medicine for the entire family including obstetrics, pediatrics, minor surgery, outpatient psychiatry, outpatient orthopedics, and most internal medicine. • • 4. •DESCRIPTION OF PROJECT • • a. Local,ion and intended*use: Lot 13, Block 2, Mitchell Lake Estates (NW corner Terrey Pine Drive • and County Highway 4 - address to be 7800 Eden Prairie Road) • b. Present ownership of project site: C.O.R. Investment Co, • • • • c. ' Name:; and address of architect, engineer, and general contractor:• - all the above functions will be performed by one firm: Marshall Erdman & Associates, Inc. 5117 University Avenue •Madison, Wisconsin 53705 • • • 5. ESTI?•1ATE1) PROJECT COST FOR: Land ?`` $ 114,163 • Land Improvements & site work $ • 48.414 • Building $ 185,054 Equipment $ 63,224 Other (start up, bond counsel, $ ?(1,nn.n other legal, iterim interest) Building Contingency $ 6,532 437,387 Total . • • . • B✓la . • • 0. 130NI) ISSUE - a. Amount of proposed bond issue - $300,000 b. Proposed date of sale of bond - •June 25, 1980 c. Length of bond issue and proposed maturities - 20 years • d. Proposed.or.iginal purchaser of bonds - Ministers Life & Casualty Union 3100 W. Lake Street e MilafitI&o d i'dikk4'16of suggested trustee - N.A. • f. Copy of any agreement between Applicant and original • purchase; - None • g. Describe any interim financing sought or available - ' Marshall Erdman will provide. h. Describe nature and amount of any permanent financing in addition to bond financing - 5 year term bank loan on equipment through 1st State Bank of Eden Prairie or possibly a leasing arrangement depending on which is more attractive. 7. BUSINESS PROFILE OF APPLICANT. . • a. Are you located in the City of Eden Prairie? No. b. Number of employees in Eden Prairie? • i. Before this project: • None. • • • -3 • - • l • . • 11, After this project? Initially 3 including myself, growing to 5 • in one year, 10 when second physician is fully occupied. Ultimate expectation after expansion of building is a group of 6 physicians with total employment of30. • C. Approximate annual sales - First year forecast billings are $119,000. • • d. Length of time in business 2 1/2 years practicing medicine as a Family Practice Resident at Methodist Hospital, St. Louis Park, Mn. Seven • years experience in business as engineer, in finance, and as small businessman •• prior to medical school. • in Eden prairie None • • • e. Do you have plants in other locations? If so, where?• • None • • • • • • f. Arc you engaged in international trade? ( • . No 8. OTHER INl:•USTRI AL DEVELOPMENT PROJECT(S): • • • a. List the name(s) and location(s) of other industrial development projects) in which the Applicant is the owner or iCvsnbstantial user" of the facilities or a "relented person" within the meaning of Section.103(b)(G) • • of the Internal Revenue Code.- • None • • • • • • -'- . . ( , . b. List all cities in which the Applicant has requested ( industrial revenue development financing. None • i • c. Detail the status of any request the Applicant has before . any other city for industrial development revenue financing. None • . 0 d: List 'any city in which the Applicant has been refused ' indu:stri.a l development revenue financing. None • • C. List any city (and the project name) where the Applicant • • has acquired preliminary approval to proceed but in which final ;approval authorizing the financing has been denied. . None • • l. • ' ' b. Bond Counsel - Steven Rosholt, esq. ( Faegre & Benson 1300 Nortwestern Bank Building • Minneapolis, Mn. 55402 - c. Corporate 'Counsel - Mark Ohnstad, esq. Gustafson & Adams • Suitie 41A c7o4101QtM rQ Bvd, Edina, Mn. 55435 self . 1 • . I 10. WHAT IS YOUR TARGET DATE FOR: ' a. Construction start - March 31, 1980 • ' • b. Construction completion - • . . June 15, 1980 • (completion in this short period is possible with modular construction• as planned.) FOR FJ11TI ISR 11:I'oRMATION CO:;"_';+CT: ., The undersignedtlApplicant understands that the approval or disapproval by the City of Eden Prairie for Industrial Development bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provision or requirement relating to any zoning, building, or other rule or ordin:nee Of-the City of Eden Prairie, or any other law • • applicable to the property included in this project. • p- 0/`•P`-• Applicant • Alston C. Lundgren . lay • . . January 29, 1980 Date . 11. ZONING - TO U1s COMPLETED DY THE CITY PLANNING DEPARTMENT • A. Property is zoned - • b. Present zoning 0 (is not) correct for the intended use. • • • c. Zoning application received on for which is correct for the • intended use;. • d. Variances required - • . !may • e^ Planner • • • • • • •• -8- e\ g o -,s- RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY ALSTON C. LUNDGREN AND JEAN 0. LUNDGREN UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT Resolved by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. There has been presented to the City a proposal by Alston C. Lundgren and Jean O. Lundgren (the "Borrowers") and Eden Prairie Family Physicians, P.A., a Minnesota professional association (the "Company") that the City undertake a project pursuant to the Minnesota Municipal Industrial Development Act, 'Chapter 474, Minnesota Statutes, to provide financing of the cost of acquiring land and constructing a medical clinic to be owned by the Borrowers and leased to the Company for use in its business in the City (the "Project"). Under the proposal, the Borrowers will enter into a loan agreement whereby the Borrowers agree to construct the Project and the City agrees to issue up to approximately $300,000 Industrial Development Revenue Bonds of the City pursuant to the Act to finance the Project. The Borrowers will retain title to the Project and the loan agreement will require the Borrowers to pay amounts sufficient to pay the principal of and interest on the Bonds issued. The Project will be leased by the Borrowers to the Company and the lease will be assigned to the bondholder as security for the Bonds. In addition, the City will assign its interest in any loan agreement or load agreements to the bondholder to secure the Bonds. The Bonds shall be issued in accordance with the Act, and shall provide that the Bonds are payable solely from amounts received by the City pursuant to the loan agreement and any other property pledged to their payment. The Bonds shall not be general obligations of the City or be payable from any other property or funds of the City, and no taxes shall be levied for their payment.. 2. As required by said Chapter 474, Minnesota Statutes, this Council conducted a public hearing on March , 1980 on the proposal to undertake and finance the Project, after publication in the official newspaper and a newspaper of general circulation in the City of a notice of the time and place of hearing, stating the general nature of the Project and an estimate of the principal amount of bonds or other obligations to be issued to finance the Project and stating that a draft copy of the proposed Application to the Commissioner of Securities, together with all attachments and exhibits thereto, shall be available for public inspection at the office of the City Clerk, City Hall, Eden Prairie, Minnesota, -2- at all times between the hours of a.m. and p.m. each day except Saturdays, Sundays and holidays to and including the { day of hearing; and all parties who appeared at the public hearing were given an opportunity to express their views with respect to the proposal. 3. There has been presented to the City a form of Application to Commissioner of Securities for approval of the Project setting forth the estimated costs of the Project and the increased employment and payrolls to result therefrom. It is hereby found, determined and declared that the purpose of the Project is and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far ' as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the development of industry to use the available resources of the community, in order to retain the benefit of its existing investment in educational and public service faciltiies, by halting the movement of talented, educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; and the more intensive development of land available in the area to provide an adequate tax base to finance the increase in the amount and cost of gov- ernmental services provided by the City, the County and the School District in which the City. is located. 4. The Project is hereby given preliminary approval by the City, subject to (i) approval of the Project by the Minnesota Commissioner of Securities and (ii) approval of this Council, the Borrowers, the Company and the purchaser of the Bonds of the ultimate details of the Project and the terms of the Bonds. 5. Ministers Life & Casualty Union has by letter indicated an intent to purchase the Bonds. In accordance with Section 474.01, Subd. 7a, Minnesota Statutes, the Mayor, City Manager, City Clerk and such other officers and members of the City as may from time to time be designated are hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities and request her approval thereof, and the Mayor, City Manager, Clerk, members of the Council and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as she may require. The Borrowers, the Company, Ministers Life & Casualty Union, Messrs. Faegre & Benson, as bond counsel, the City Attorney and other City officials are also authorized to initiate the preparation of a proposed loan agreement, mortgage, and such other documents as may be necessary or appropriate to the Project so that, when and if the proposed Project is approved by the Commissioner and this Council gives its final approval thereto, the Project may be carried forward expeditiously. • -3- 6. TLc Borrowers have agreed co pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Commissioner; whether or not the Project is carried to completion; and whether or not the Bonds or operative instruments are executed. The Borrowers will also agree to indemnify the City, its officers and employees from all liability which the City and any officers and employees may incur in connection with the Project or the issuance and sale of the Bonds. 7. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as required by the Borrowers or the Company. The City retains the right in its sole discretion to withdraw from parti- cipation and accordingly not issue the Bonds should the City at any time prior, to the issuance thereof determine that it is in •the best interest of the City not to issue the Bonds or should the,parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the • transaction. 8. The Borrowers and the Company may enter into on its own behalf such contracts as may be necessary for carrying forward the Project by any means available to them and in the manner they determine without advertisement for bids as may be required for the construction or•acquisition of municipal facilities. 9. All commitments of the City expressed herein are sub- ject to the condition that within 12 months of the date of adoption of this resolution the City and the Borrowers shall have agreed to mutually acceptable terms and conditions of the revenue agreement, the Bonds and of the other instruments and proceedings relating to • the Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above or any ex- tention thereof and the bonds are not sold within such time, this resolution shall expire and be of no further force and effect. • -4- ��� L STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Eden Prairie, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on , 1980, with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to preliminary approval of a project under the Municipal Industrial Development Act. WITNESS My hand as Clerk and the corporate seal of the City this day of , 1980. City Clerk City of Eden Prairie (Seal) TO: Mayor and Council FROM: John Frane DATE: March 14, 1980 RE: Request for Preliminary Approval MIDB'S Hoyt - $2,035,000 Bruce and Steven Hoyt intend to construct a 70,000 square foot office - • warehouse building on part of the "Swendseen" property at Shady Oak Road and W. 70th Street. The project would be leased to Vinyl Therm Inc. (30,000 sq. ft.) Hoyt Construction (10,000 sq. ft.) A floor covering distributor has expressed interest in 20,000 sq. ft. This is zoned I-2 which is correct for the intended use. Resolution #80-57 is included for your consideration. • • CITY OF EDEN PRAIRIE, MINNESOTA • Application for Industrial Development Bond Project Financing • n. • • 1. APPLICANT: a. Business Name - Partnership name will be selected at a later date. b. Business Address - 150 W. 88th Street Bloomington, Minnesota 55420 C. Business Form (corporation, partnership, sole proprietor- ship, etc.) - General Partnership • d. State of Incorporation or organization - Minnesota • e. Authorized Representative - Bruce K. or Steven B. Hoyt f. Phone - .(612)• 884-4338 4' 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: • • a Bruce K. Hoyt 150 West 88th Street Bloomington, Minnesota 55420 b. Steven B. Hoyt 150 West 88th Street Bloomington, Minnesota 55420 / C. -1- gl/7 • 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: l Building I of this project will be used as the corporate headquarters fpr Vinyl Therm, Inc. (approximate space needs - 30,000 square feet) and Hoyt Construction, Inc. (approximate space needs - 10,000 square feet). These Companies are engaged in construction, residential and commercial and distribution of residential siding products. Additionally, a floor covering distributor has indicated strong interest in 20,000 square feet of Building I. 4. •DESCRIPTION OF PROJECT a. Location and intended'use: SEC Shady Oak Road and West 70th Street. Proposal calls for construction of a 70,000 square foot office- warehouse building b. Present ownership of project site: Swendseen, et al c. Names and address of architect, engineer, and general contractor: Architect/Engineer - Design Partnership 15 South 5th Street Suite 900 Minneapolis, Minnesota 55402 Contractor - Hoyt Construction, Inc. 150 West 88th Street • Bloomington, Minnesota 5. ESTIMATED PROJECT COST FOR: • Land $ 279,000 $ 1,632,000 Building Equipment $ Other $ 124,000 • Total 2,035,000 • -2- • Aar • • 6. BOND ISSUE - • C ; a. Amount of proposed bond issue - • • b. Proposed date of sale of bond - • Mortgage commitment will be • arranged prior to commencement of construction. c. Length of bond issue and proposed maturities - • 30 years, self-amortizing mortgage d. Proposed original purchaser of bonds - Knutson Mortgage & Financial Corporation is acting as agent for the partnership and has identified several institutional investors with an indicated interest. e. Name and address of suggested trustee - N/A f. Copy of any agreement between Applicant and original • purchaser - The Partnership's application with Knutson Mortgage and • Financial Corporation is attached. g. Describe any interim financing sought or available - To be arranged upon receipt of a firm commitment to issue funds from an institutional investor. • h. Describe nature and amount of any permanent financing in addition to bond financing - None 7. BUSINESS PROFILE OF APPLICANT. a. Are you located in the City of Eden Prairie? No. b. Number of employees in Eden Prairie? ' - J • s i. Before this project: None -3- 149 4 • • ii. After this project? Approximately 110. 70 with Vinyl Therm, Inc. and 30 with Hoyt Construction and approximately $2,000,000 annual payroll. c. Approximate annual sales - $6,000,000 d. Length of time in business Vinyl Therm - 5 years, • Hoyt Construction - 16 years in Eden Prairie N/A • • e. Do you have plants in other locations? If so, where? Currently both companies lease space in Bloomington, Minnesota. • i. Are you engaged in international trade? No • . 8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): • a. List the name(s) and location(s) of other industrial • development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "releated person" within the meaning of Section 103(b)(6) of the Internal Revenue Code. None • • • • • -4- f. • b. List all cities in which the Applicant has requested industrial revenue development financing. None • • st the cant fore . c. anyaothere city tfor industriale development i has revenue financing. None • • • d. List any city in which the Applicant has been refused industrial development revenue financing. None • • e. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. • N/A • • -5- • •• f. If Applicant has been denied industrial development revenue financing in any other city as identified in (d) or (e), specify the reason(s) for the denial and the name(s) of appropriate city officials who • have knowledge of the transaction. Not Applicable • • 9. NAMES AND ADDRESS OF: • • a. Underwriter (If public offering) N/A • C b. Private Placement Purchaser (If private placement) • 1. If lender will not commit until City has passed its preliminary resolution approving the project, submit a letter from proposed • lender that it has an interest in the offering subject to appropriate City approval and approval of the Commissioner of Securities. Knutson Mortgage and Financial Corporation is acting as agent for the Partnership iu placing this mortgage with an institutional investor. Currently, several of investors, with which we have an established relationship, have indicated an interest. Additionally, we are expecting a decrease 16 rates over the next month. With these facts in mind, we have not solicited a long-term commitment at this time. We are nonetheless confident in our ability to privately place this debt. • i _g_ • b. Bond Counsel - Dorsey Firm c. Corporate Counsel - Sins and Hoyt (612) 884-3750 • 200 West 88th Street Bloomington, Minnesota 55420 d. Accountant - • Larry Carlson 427-7500 433 E. Jackson Anoka, Minnesota 55303 10. WHAT IS YOUR TARGET DATE FOR: • a. Construction start - May 15, 1980 b. Construction completion November 1, 1980 • FOR FURTHER INFORMATION CONTACT: The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial Development bond financing does not expressiy•or impliedly constitute any approval, variance, or waiveriiver ofng any proviy sions on or requirement relating to any zoning, or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this project. XL App scant • by • • ate -7- �S3 C. . 11. ZONING - TO BE COMPLETED BY TUE CITY PLANNING DEPARTMENT a. Property is zoned - /i Y b. Present zoning (is not) correct for the intended use. c. Zoning application received on for which is correct for the intended use. d. Variances required - • City anner is -8- RESOLUTION NO. —S? RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUS- TRIAL DEVELOPMENT ACT: REFERRING THE PROPOSAL TO THE COMMISSIONER OF .SECUR- ITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City). as follows: SECTION 1 Recitals and Findings 1.1. This Council has received a proposal that the City finance a proposed project under Minnesota Statutes, Chapter 474 (the Act) , consisting of the acquisition of a parcel of land and the con- struction and equipping thereon of office and warehouse facil- ities (the Project) by Steven B. Hoyt and Bruce K. Hoyt, a partnership to be formed, (the Borrower), to be leased by the Borrower to Vinyl Therm Inc., Hoyt Construction Co., and other tenants. 1.2. At a public hearing, duly noticed and held on 1980, in accordance with the Act, on the proposal to undertake and finance the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. Based on such hearing and such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares • as follows: (a) The welfare of the State of Minnesota requires active promotion, attraction, encouragement and develop- ment of economically sound industry and commerce through governmental acts to prevent, so far as possible, emer- gence of blighted lands and areas of chronic unemploy- ment, and the State has encouraged local government units to act to prevent such economic deterioration. (b) The Project would further the general purposes contemplated and described in Section 474.01 of the Act. (c) The existence of the Project would add to the tax base of the City, Hennepin County and the School District in which the Project is located and would pro- vide increased opportunities for employment for resi- dents of the City and surrounding area. (d) This Council has been advised by Knutson Mortgage and Financial Corp., agent for the Borrower (the Agent), that conventional, commercial financing to pay the cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal borrowing, and its resulting lower borrowing cost, the • Project is economically more feasible. (e) This Council has also been advised by the Agent that on the basis of their discussions with po- tential buyers of tax-exempt bonds, revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. (f) The City is authorized by the Act to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Borrower and the Borrower represents to the City that issuance of such bonds by the City would be a substantial inducement to the Borrower to acquire and construct the Project. SECTION 2 Preliminary Approval of Project 2.1. On the basis of information given the City to date, it ap- pears that it would be in the best interest of the City to issue its revenue bonds under the provisions of the Act to finance the Project in an amount not exceeding $2,035,000. 2.2. It is hereby determined to proceed with the Project and its financing and the Project is hereby given preliminary approval by the City and the issuance of revenue bonds of the City (which may be in the form of an industrial developpm revenue note or notes) up to such amount is hereby approved, subject to the approval of the Project by the Commissioner of Securities, the fulfillment of such other conditions as the City may require with respect to the issuance of its bonds in connection with the Project, and the mutual agreement of this Council and the Borrower as to the details of the bond issue and provisions for their payment. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the Project, and each bond, when, as and-if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. -2- n. . 2.3. The form of the Application to the Commissioner of Secur- ities, with attachments, is hereby approved, and the Mayor and ( City Manager are authorized to execute said documents in behalf of the City. 2.4. In accordance with Section 474.10, Subdivision 7a of the Act, the Mayor, City Manager, and Finance Director/Clerk are hereby authorized and directed to cause said Application to be submitted to the Commissioner of Securities for approval of the Project. The Mayor, City Manager, Finance Director/Clerk, City Attorney and other officers, employees and agents of the City are hereby authorized and directed to provide the Commissioner with any preliminary information the Commissioner may need for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. SECTION 3 General 3.1. If the bonds are issued and sold, the City will enter into a lease, sale or loan agreement or similar agreement satisfying the requirements of the Act (the Revenue Agreement) with the Bor- rower. The lease rentals, installment sale payments, loan pay- . ments or other amounts payable by the Borrower to the City under { the Revenue Agreement shall be sufficient to pay the principal, interest and prepayment premium, if any, on the bonds as and when the same shall become due and payable. 3.2. The adoption of this resolution does not constitute a guar- antee or a firm commitment that the City will issue and sell the bonds as requested by the Borrower. The City retains the right in its sole discretion to withdraw from participation, and accordingly not issue the bonds, should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the bonds or should the parties to the transaction be unable to reach agreement as to the structuring of the financing or as to the terms and conditions of any of the documents required for the transaction. 3.3. All commitments of the City expressed herein are subject to the condition that within twelve months from the date of adoption of this resolution the City and the Borrower shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the bonds and of the other instruments and proceedings relating to the bonds, and their issuance and sale. { -3- 3.4. If the events set forth herein do not take place within the time set forth above or any extension thereof and the bonds are not sold within such time, this resolution shall expire and be of no further force and effect. The Borrower has agreed and it is hereby determined that any and all direct and indirect costs incurred by the City in connection with this Project, whether or not the Project is carried to com- pletion, and whether or not approved by the Commissioner of Securities, and whether or not the City by resolution authorizes the issuance of the bonds, will be paid by the Borrower upon request. 3.5. The City will require the Borrower, if the bonds are issued and sold, to provide the information necessary to comply with the provisions of Minnesota Statutes, Section 474.01, Subdivision 8. Mayor • Attest: Finance Director/Clerk • • The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted and was signed by the Mayor whose signature was attested by the Finance Director/Clerk. -4 • - • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: March 13, 1980 SUBJECT: Vacation of PUblic Roadway in Section 1 On February 19, 1980, the City Council received a petition and set the hearing date of March 18, 1980, for vacation of a public roadway in Section 1, as shown on the attached drawing. There presently exists a dirt road which roughly parallels this 20' ease- ment. This road leads easterly from Shady Oak Road for about 2000' to an old farmhouse. The City has plowed this road over the past several years. The petitioners own this farmhouse and it has been rented out in the past. Recommend that the City Council adopt Resolution No. R80-60, vacating said ( • roadwy. CJJ:kh Attachment March 18, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R-80-60 RESOLUTION VACATING, 20" PUBLIC ROADWAY IN SECTION 1-116-22 WHEREAS, the City of Eden Prairie has a 20' public roadway described as follows: Vacating any interest conveyed to the City by the following reservation: " . reserving (a) strip 20 feet wide across (the) south end of land from the S.E. corner thereof West to a public road known (as) Eden Prairie Roar' for (a) public driveway." Which is contained in a Warranty Deed dated June 30, 1898, filed July 6, 1898, as Document No. 281103 to which the West 1/2 of the Southwest 1/4 of the Northwest 1/4 and the West 1/2 of the East 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 1, Township 116, Range 22, Hennepin County, Minne- sota, were conveyed to Anthony Finon. WHEREAS, a public hearing was held on March 18, 1980, as required by law, and WHEREAS, it has been determined that good area planning requires that this easement be vacated and that it would be in the public interest to do so, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Hereby vacates said 20' public roadway. 2. A certified copy of this resolution shall be prepared by the City Clerk and shall he a notice of completion of the pro- ceedings and shall be recorded in accordance with the provisions of M.S.A. 117.19. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 1 1 v W .5/y c.W %y `I N•hi IAE. 1/45 4d'hi I-N•111.IAW'fi[� j =z cvn r i- T . r s.S� • t' • • s — — --- Eoecm1 -- — — —. - - 7 .:- , •.,./*** ''.' \ (.D)- L.• � •\\ its .a _ '.r t• I._ •_ire (}) i fit.9 • s, )� '�` -cts.:,•.. 0J . _ {i \��. .., �nlsal (-\., - I (rY � _ Dy=Z. �,' t co cam\ ,�; 1 . ..\ . ••111 ✓ ..1 tr)\ � g� / lib. O!.$) ....--------- ::..-* .' • •. 1 • i `V 1 1 i • •% 91 -i1 /a1=)1771Ca1 A1 :J1-71-f1=11L3131=21=1=1:a1:11La1 :91 /1-/1•. . a. . Ls„,szl McCOMBS-KNUTSON ASSOCIATES, INC. A.))))))1 CONSULTING ENGINEERS C LAND SURVEYORS Et SITE PLANNERS Reply To: 12800 Induon,I Park Etoufraud Plymouth,Minnesota 55441 I6121 559.3700 February 21, 1980 Chris Enger City Planner City of Eden Prairie 8950 County Road 4 Eden Prairie, Minnesota 55343 Subject: Rymarland Camp 2nd Addition Dear Mr. Enger, Mr. Quam has requested that we inform you that he wishes to withdraw his request for the reguiding for the above mentioned site. We will be submitting a request for rezoning to R1-13.5 for the entire site as soon as the plans are completed. Would you please inform us if there are additional fees required for this modified proposal. Very truly yours, MCCON4S-XNIJTSON,ASSOC TES, •INC. I Thomas S. Bergquist, Lj � TSB:ch cc: Milt Quam #5370 l Minneapolis• Hutchinson- Alexandria-Granite Falls yvr.vn:: ..ara..• a,��� I March 18, 1980 f iT( OF MINNESOTA IT OF EDEN PRAIRIE :OUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 7671 VOID OUT CHECK (8.50) 7751 MINNESOTA DISTILLERS, INC. Liquor 1,401.47 7752 MIDWEST WINE CO. Wine 415.37 7753 JOHNSON BROTHERS WHOLESALE Liquor 511.38 7754 TWIN CITY WINE CO. Wine 296.86 7755 BUTCH'S BAR SUPPLY Supplies-Liquor store 50.50 7756 ED PHILLIPS & SONS CO Liquor 804.59 7757 OLD PEORIA COMPANY INC. Liquor 1,110.96 7758 HENNEPIN CTY FINANCE Notary fees 10.00 7759 FEDERAL RESERVE 8ANK Payroll-February 12,182.36 776D COMMISSIONER OF REVENUE Payroll-February 13,089.97 7761 PERA Paryoll 2/29/80 9,025.64 7762 UNITED WAY OF MINNEAPOLIS Payroll-February 88.5D 7763 MINNESOTA RECREATION PARK ASSN. Conference-Park dept 42.00 7764 CHICAGO & N.W. RAILROAD Fee-Engineering dept 75.00 7765 SUNWOOD INN Conference-Park dept 25.50 77f GRIGGS, COOPER & CO., INC. Liquor 939.9D 778, JOHNSON BROTHERS WHOLESALE Liquor 366.13 7768 KIWI KAI IMPORTS Wine 663.15 7769 OLD PEORIA COMPANY INC. Liquor 791.16 7770 BUTCH'S BAR SUPPLY Supplies-Liquor store 116.60 7771 PRAIRIE VILLAGE MALL ASSOC. Rent 1,876.63 7772 VOID OUT CHECK 7773 VOID OUT CHECK 65.00 7774 NORTH HENNEPIN COMMUNITY COLLEGE Conference-Police dept 7775 PETTY CASH Expenses 59.69 7776 MINNESOTA TORO, INC. Registration fee-Street dept 15.00 7777 AMERICAN WATER WORKS ASSOC. Conference-Water dept 115.00 7778 HOPKINS POSTMASTER Postage 150.00 7779 INSTY PRINTS Printing-Park dept 3.70 7780 BEER WHOLESALERS INC. Beer 1,884.35 7781 COCA-COLA BOTTLING MIDWEST Beer 189.45 7782 DAVIDSEN DISTRIBUTING INC. Beer 62.80 7783 DAY DISTRIBUTING CO. Beer ' ` 1,355.12 7784 EAST SIDE BEVERAGE CO. 8eer 2,623.25 7785 GOLD MEDAL BEVERAGE CO. Mixes 30.15 7786 LEDING DISTRIBUTING Beer 1,646.95 7787 PEPSI Mixes 192.40 7788 ROUILLARD BEVERAGE CO. INC. Beer 895.12 7789 THORPE DISTRIBUTING CO. Beer 3,348.35 7790 WINELINES, INTERNATIONAL Subscription-Liquor store 16.00 7 RONALD T. BURKE Landfill fire 54.00 7711t SPENCER LEE CONRAD Landfill fire 120.00 7793 WALLACE LESLIE CONRAD Landfill fire 192.00 7794 JOHN J. HOBBS SR. Landfill fire 32.00 7795 MARV A. LAHTI Landfill fire 48.00 7796 ROBERT P. LISTIAK Landfill fire 104.OD Ui I) Page two Marti 18, 1980 7797 RAY I. MITCHELL Landfill fire 348.00 7798 BERNARD F. NEUMANN Landfill fire 178.00 7799 GERALD PRODOEHL Landfill fire 192.00 7800 ACRO-MINNESOTA INC. Office supplies 90.58 7801 ACTION RENTAL CENTER Heater-Park dept - 150.32 7802 BECKI ADAMI Instuctor-Rec dept 192.00 7803 ADVANCE AMBULANCE & EQUIPMENT SALES Sign holders-Fire dept 140.95 7804 EARL F. ANDERSEN & ASSOCIATES, INC. Street signs 1,045.19 7805 ASSOCIATED WELL DRILLERS, INC. Equipment repair & parts-Fire dept 111.00 7806 BERG & TJE'KES ELECTRIC CO Light fixtures-Park dept 600.00 7807 BRUCE BREN HOMES, INC. Weatherstrip overhead doors-Fire Bldg. 320.85 7808 BUSINESS FURNITURE INCORP Office chairs-Fire dept 292.20 7809 BROWN PHOTO Film-Police dept 652.57 7810 BRYAN ROCK PRODUCTS, INC. Rock 1,068.93 7811 CARGILL SALT DIVISION Deicing salt 69.83 7812 CAROLYN CASSOLA Guitar Instructor-Rec dept 1,025.00 7813 CHANHASSEN AUTO PARTS Battery, shock absorbers, fuel pump-Street 345.49 7814 CHAPIN PUBLISHING COMPANY Ads 149.46 7815 CHASE BRACKETT COMPANY Appraisals service-Park dept 1.200.00 7816 CITY OF EDINA Tests 84.00 7817 CLUTCH & TRANSMISSION Lug bolts & stud bolts-Street dept 56.20 7818 CLUTCH & U-JOINT BURNSVILLE Clutch-Street dept 150.42 78J/ COMMUNITY DANCE CENTER Exercise classes-Rec dept 1,264.00 78k, COPY EQUIPMENT INC. Paper-Engineering dept 35.23 7821 CULTER-MAGNER COMPANY Quicklime-Water dept 2,956.16 7822 WARD DAHLBERG Mileage 7.92 7823 DALCO Cleaning supplies-Fire dept 1,276.16 7824 DAVIES WATER EQUIPMENT CO Meter repair-Water dept 96.72 7825 A.B. DICK PRODUCTS COMPANY Xerox paper 170.00 7826 DORHOLT PRINTING & STATIONERY INC. Office supplies 194.42 7827 EDEN PRAIRIE CLINIC, LTD. Employee exam 51.50 7828 EDEN PRAIRIE FIRE DEPARTMENT Expenses 413.60 7829 EDEN PRAIRIE FIRE DEPARTMENT Confernece-Fire dept 400.00 7830 EDEN PRAIRIE FIRE DEPARTMENT Mitts-Fire dept 820.00 7831 EDEN PRAIRIE NEWS Ads 354.69 7832 EDEN PRAIRIE SANITATION CO. Service \ 60.50 7833 EDEN PRAIRIE SCHOOL DISTRICT #272 Fuel, custodial work, bus service \5,217.71 7834 EDEN PRAIRIE SCHOOL DISTRICT #272 Refund of utility billing at Forest Hills 8,260.00 7835 ELECTRIC SERVICE CO Installed civil defense sirens 19,920.00 7836 'ELECTRIC SERVICE CO. 1979 service 370.00 7837 F.Y.S. FRAMING, INC. Custom framing-Police dept 60.94 7838 FLYING CLOUD OIL CO. Fuel-Historical Society 289.42 7839 STUART A. FOX Mileage 23.42 7840 JOHN FRANE Expenses 118.00 7841 FRONTIER LUMBER & HARDWARE Door spring, shelving-Water dept 25.98 7842 GMC TRUCK & COACH DIV. Parts-Street dept 11.32 7843 GENERAL COMMUNICATIONS INC. Equipment repair-Police dept 30.90 7 " KARIN GORI Instructor-Rec dept 96.00 7 R.L. GOULD & CO. Wheel-Street dept 37.81 7846 GROSS INDUSTRIAL SERVICES Service 54.57 7847 JACK HACKING Expenses 11.08 7848 HALVERSEN PACKAGING SUPPLIES Greenhouse supplies-Park dept 45.60 7849 HAYDEN-MURPHY EQUIPMENT CO. Equipment repair-Water dept 56.00 ®4./ 1 PA three March 18, 1980 7850 HENNEPIN COUNTY FINANCE DIV. Board of Prisoners \1,036.00 7851 HENNEPIN TECHNICAL CENTERS Conference-Fire dept - 50.00 7852 HENNEPIN TECHNICAL CENTERS Undercoat new van-Senior Citizens 40.00 7853 SUSAN HILL Instructor-Rec dept 80.00 7854 HOPKINS DODGE SALES, INC. Switch, power brakes for squad car, screws 123.02 7855 HOPKINS MINNETONKA RECREATION Ski trip-Rec dept 54.50 7856 HOPKINS PARTS CO. Brake kit, seal-Street dept 79.01 7857 HOPKINS PRINT SHOP, INC. Newsletter-Senior Center 50.53 7858 INDUSTRIAL LIGHTING SUPPLY, INC. Light bulbs-Water dept 82.29 7859 INTERNATIONAL ASSOC. OF ARSON INVEST Dues-Fire dept \ 20.00 7860 IBM Equipment maintenance 1,590.00 7861 ITASCA EQUIPMENT CO. Hose for snow plow-Park dept Couplings- 41.00 Equipment Maintenance 7862 ITEN CHEVROLET CO. 1980 Pickup truck-Park dept 5,093.00 7863 KAPAK CORPORATION Evidence pouch-Police dept 75.00 7864 KARULF HARDWARE INC. Paint thinner, brushes, casters, chalk reel, 121.34 pipe coupling, plier-Fire dept 7865 KARULF HARDWARE INC. Drill set, skill drill, tape-Police dept 446.88 batteries, chain, valve, brackets-Fire dept heaters-City Hall, padlocks, hacksaw blades, ( light bulbs, drain trap, pipe extensions-Park dept, paint, rollers, primer-Senior Citizens Center & Historical Society, blades, wiring tool, tape-Water dept 7866 KRAEMER'S HOME CENTER Wire pliers, battery, snow shovels, sealed 358.04 beams, skill saw, stool, utility shelves, tool box, screwdriver set, wrench, steel stamps- Water dept, paint-Fire dept 7867 ROBERT A. LAMBERT Expenses 205.25 7868 M.E. LANE, INC. Service 12.00 7869 VOID OUT CHECK 7870 ALLEN R. LARSON Expenses 15.93 7871 LEEF BROTHERS, INC. Service 139.40 7872 PAM LESTER Instructor-Rec dept 76.00 7873 MATT'S AUTO SERVICE, INC. Towing service 18.50 7374 MEDICAL OXYGEN & EQUIPMENT CO INC. Oxygen 115.00 7875 METRO FONE C0f•MUNICATI0NS, INC. Service . . 47.20 7876 METRO PRINTING INC. Letterhead & envelopes-Fire dept 258.00 7877 METROPOLITAN FIRE EQUIPMENT Fire extinguisher \ 63.75 7878 METROPOLITAN WASTE CONTROL COMM March service N21,592.74 7879 MINNESOTA FIRE INCORPORATED Lens, gaskets-Fire dept 21.33 7880 MINNES0TA GOOD ROADS, INC. Subscription-Engineering dept 43.00 7881 MINNESOTA GAS COMPANY Service 502.15 7882 MODERN EQUIPMENT CO. Painting machine-Water dept 1,062.00 78" MUNICIPAL FINANCE OFFICERS ASSOC. Dues-Finance dept 50.00 7 ,.. MUNICIPAL & PRIVATE SERVICES, INC. Service 649.56 7835 NATIONAL FIRE PROTECTION ASSOC. Dues-Building dept 5O.OD 7336 NORTH M•IEMORIAL MEDICAL CENTER Tests 15.00 7337 NORTHERN STATES POWER COMPANY Service 4,080.66 7838 NORTHWESTERN BELL Service 2,446.45 Pi 111 'age four farrr 18, 1980 '389 NORTHWESTERN NATIONAL BANK OF MPLS. Bond payment 57,827.60 '390 NOTT COMPANY Rubber for floor squeeges 102.08 '891 SHARON PATRICK Refund-Rec dept 8.00 '892 G.W. PEARSON Building repairs 19.66 1893 POWER BRAKE EQUIPMENT CO. Flashers for squad car 128.87 '894 PRINTER'S SERVICE, INC. Sharpen blades-Park dept 21.16 /895 RAPID COPY, INCORPORATED Liquor ID cards x 58.70 1896 RIEKE-CARROLL-MULLER ASSOCIATES Service-Shady Oak Industrial Park, Round 12,587.04 Lake Estate 2nd addition 7897 SATELLITE INDUSTRIES, INC. Portable restroom-Park dept 49.50 7898 DALE SCHMIDT Expenses 00 7899 MICHAEL SCHMIDT Microwave oven-Street dept 125.0 7900 SCHOELL & MADSON, INC. Service-Chatham Wood �'3588 60 7901 SEARS Microwave oven-Water dept, Planer-Jointer- . Park dept 7902 SANDRA STEPHENS Instructor-Rec dept 105.41 7903 SUBURBAN AUTO ELECTRIC, INC. Equipment repair & parts 103.42 7904 SUBURBAN CHEVROLET CO. Starter-Street dept 64.70 7905 SYSTEMS 3, Inc. Equipment repair-Police dept 37.50 7906 CARRIE TIETZ Minutes-Park & Rec 56.00 7907 TOWNS EDGE FORD, INC. Equipment repair & parts 48.65 79QP TRANSPORT CLEARINGS Freight charges-Engineering dept 28.19 791 TRUCK UTILITIES & MFG. CO. Trailer ramp parts-Park dept 46.56 7910 BOB TYSON Expenses 7.25 7911 ROGER ULSTAD Expenses 55.45 7912 UNISTRUT NORTHERN Sign posts 171.56 7913 UNIVERSITY OF MINNESOTA Conference-Human Services 10.00 7914 VALLEY EQUIPMENT CO. Hydraulic line-Street dept 20.41 7915 RIVER WARREN AGGREGATES INC. Rock 1,793.59 7916 WEBER & TROSETH INC. Boots-Fire dept 643.70 7917 LYNN WIEDEWITSCH Instructor-Rec dept 440.00 7918 WOODLAND TREE SERVICE Service-Tree Removal 2,246.00 7919 XEROX CORPORATION Service 1,234.12 7920 MIDlWWEST TRAVEL EXCHANGE Ice Follies tickets-Senior Citizen 126.50 7921 BARBARA LEE FRIEDMAN Musical program-Senior Citizens 35.00 7922 MRFAA Conference-Fire dept 80.00 7923 POSTMASTER Postage 169.00 7924 BROWN & CRIS Trunk Highway 5, West 78th Street & 13,966.32 Mitchell Road 7925 NORTHDALE CONSTRUCTION CO. Eden Road sanitary sewer 999.40 7926 NORTHDALE CONSTRUCTION CO. Norseman Industrial Park 2nd addition 25,286.37 7927 NODLAND ASSOCIATES, INC. Chatham Wood addition improvements 63,999.54 7923 0 & P CONTRACTING INC. Super Valu development 18,333.16 7929 STEPHEN CALHOON Mileage 22.68 793D MCGUIRE PLUMBING & HEATING Plumbing-Senior Center 2,220.90 7931 SUNWAY HOMES, INC. Remodeling-Senior Center 4,740.00 ( TOTAL 5351,262.29 A/,. 10-23-79 Mile West Office DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1979 by and between DONALD G. STREETER and NELSON L. ANDRUS , 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 to change the zoning from C-Corn to Office for approximately .78 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to develop the property for construction thereon of a 6,200 square foot office building. NOW THEREFORE , in consideration of the Mayor and Council of the City adopting Ordinance 79-35, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall develop the property in conformance with the material dated October 1, 1979, reviewed and approved by the City Council on October 16, 1979, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Owner shall not develop the property in any other respect or manner than contained 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 hereof. 3. Owner shall, prior to 2nd reading of Ordinance 79-35, submit to City for review and approval a recorded easement depicting at least a 26 foot access across the property's northern most portion to serve as access to the land located east of the property, as depicted on Exhibit B. �/'7 i ( Developer's Agreement-Mile West Office page 2 4. Owner, prior to building permit issuance, shall submit to City for review and approval a detailed landscaping plan, including but not limited to buffering of the office use from surrounding land uses and access roads. 5. Owner shall, prior to building permit issuance , join the condominium association responsible for maintenance, etc., of roads within the Edenvale Recreational Center Addition. • 14/ Developer's Agreement-Mile West Office page 3 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY: Wolfgang H. Penzel, Mayor BY: STATE OF MINNESOTA) Roger K. Ulstad, City Manager )SS. • COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of T 1979 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. Notary Public OWNE Donald G. Streeter al STATE OF MINNESOTA) Nelson L. Andrus • )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this ' day of/'/, %/. , 1979 by Donald G. Streeter, Owner and Nelson L. Andrus, Owner. ' Notary Public M `{I-15T ou S.1912 4s� Vy tomm,svont . ..• Ash MILE WEST OFFICE LEGAL DESCRIPTION Lot 4 , Block I , Edenvale Recreation Center 2nd Addition. Together with easements for ingress and egress over the northerly 26 feet thereof together with a perpetual non-exclusive easement for pedestrian and automobile ingress and egress over outlot B of Edenvale Recreation Center 2nd Addition. • EXHIBIT A • a2 in •tom .c„ I tt i 0 Q F 1 b v o �:a {} +, i91 2 su Clo °, ..t. o d ca q$ o p t 1,3 0 QN� .= O p G/.�3 t1E} + Ec 0t- Vc —. o.0 —uu) 0V) .toc 9 in iac9 1 • • 2A.TX . , ,. Wit;�%h ' •5,r,�\'. _ 15, . •:.11 1 I 1 I I 1 I. s ,��t �;1:• ,: . ,� :; yam, ;' 1 1 - .�L ,r,:•.:,: • , 1 :;)�:� , / 3 i is v.„+ •`,r I + 1 • i'1A,,s`,.a02- j /f----- Revised site plan as per . staff report of Sept. 6, 1979 • • • -� I "EXHIBIT B" C/o✓/ page lof3 • to 0) 0 C Uf U) ;=-\/a 1'' 1 i.i ;! Ai .'`: y�.-mac l -'' .. . �. p . „,„,.. .,,it..„„ • ..„..„..„....,..., • .....„ ,..„..::„..,.. -7• -•••4, _. y • 4.41"'11 1.i / I' - u,o' . ', ±, I. f ri;• it'iaI '.j'1 may- '3 --.`•:• ZAT..."._., iiii ` ill, I!I I ! �,i1 �. • .. I Ilia;':j 1;,•r . . ... i• f i•:i' . ,...t.i., iit i 5tn Y !I. 2 3 . JjjMQ O EXHIBIT B page 2 of 3 !I a ,. 424 11 a ` N i 3 x 42' d GO 1 --:ii.. ..,!,:; iciyfr/Yi., 44 jif, /' 11 dill'. *r fi ;,i !3'4 7 ,I i 11 tr Itl � �..11 ; �hill • 1,f 1'L.j1it} ' ,t, j ._ym; j Iljilj: i ", 11',,11111, �l'i;q '.1 ►{ i 11 i ', ,Ii4 j� .1 fit, , ,, ' •!i 1,, ..,, .1 _ a;�.0 `1'it 4 ►: tt.. '' 'it ,1,.,i '` `." '. ' 'Il' S , i -A. , - - , , - i `f- 11 ; I,. i-----2 1 „ILL,..; 1 ,w,li I !;I:didI 1 ;,. �I 1. � l • \�tl • .. . ,jfl dill! rol.)i•14 .• • • • JU (0 ro ' o • •• A EXHIBIT B page 3 of 3 i P k' c% i * ._. 0) C. 1i - N cx:ar b r-4• ! •. A'. • • DEVELOPER ' S AGREEMENT EXHIBIT C page 1 of 4 • I. Owner shall submit a development plan prior to approval of the final plat which shall show proposed grading, storm water drainage areas and.direction of flow, preliminary utility plans, ponding area and flood plain high water levels for 100 year storm and minimum floor elevations for all lots. Approval of the final plat shall be subject to approval of the development plan by the City Engineer. II. Owner shall submit detailed construction 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. III. 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 $ 1,400per 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. IV. 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. • • • f7 ` Page 2 of 4 Exhibit C V. A. All sanitary sewer, watermain and storm sewer facilities, streets, curb, gutter, 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 Engineer for approval. All of the improvements shall be completed by t Owner & 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 ti in connection therewith or material or equipment supplied therefore on orr before the later of, 2 years from the date hereof or Upon completion and acceptance, Owner warrants and guarantees the improvements 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 said 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 delivered to the City Engineer within 60 days of completion thereof together with a written statement from a registered engineer that all improvements have been completed, inspected and tested in accordance with City-approved plans and speci- fications. 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 completion 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 workmanship for a period of two (2) years following completion 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 receipt 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. B. In lieu of the obligation imposed by subparagraph V.A. above, Owner may submit a 100% petition signed by all owners of the property, requesting 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 dedicated to tedttoct the public, over a five year period. Prior to the award of any by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's obai9ond { tion with respect to the rough grading work shall be secured by 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 or letter of credit shall be 125% 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. On • • • 11/79- f page 3 of 4, Exhibit C C. Owner shall submit to the City Engineer a development plan showing existing contours, proposed grading, finished elevations, streets.sewer, water and storm sewer preliminary alignment and grades, minimum floor t elevations, and arrows showing direction of surface drainage. locations of trails, etc. D. All private improvements shall conform to the City's building code requirements. E. Owner shall promptly upon a bill being rendered by the City therefore, pay to City fees for first two year street lighting(public streets) engineering review, 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 there- in are accepted for ownership and maintenance by City. B. Within 30 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 3 feet measured perpendicular with the curbor•inlieu of said sod, place a fiber blanket with seed approved by the City (secured with stakes a minimum 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 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 5 or more lots a minimum distance of 6 feet on either side of the . center of the swale. C. The bond or letter of credit provided in paragraph V. A. hereof shall also guarantee the performance of Owner's obligations under this paragraph V1. VII. Owner shall file this Agreement with the Register of Deeds or Registrar 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 within 60 days from the date of this Agreement. ( VIII. If Owner fails to proceed in accordance with this Agreement with- in 24 months of the date hereof and provide proof of filing in accordance with item VII. hereof, Owner for itself, it successors, and assigns shall not oppose rezoning of said property to Rural. /Jii. • 11/79 Pane 4 of 4 txibit C IX. Provisions of this Agreement shall be binding upon and enforce- ( able 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 encumbrances, except: XI. In the event there are or will be constructed on the property, 2 or more streets, and if permanent streets signs have not been installed, Owner shall install temporary street signs in accor- dance with recommendations of the City Building Department, prior to the issuance of any permit to build upon the property. , C. RAP Mile West CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. 79-35 AN ORDINANCE RELATING TO ZONING AND AMENDING 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 following described property, 1 as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the C-Com District and shall be included hereinafter 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 , 1979, between Donald G. Streeter and Nelson L. Andrus • f 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 16 day of October , 1979, and ,finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1979. Wolfgang H. Penzel - Mayor ATTEST: ( John D. Franc - City Clerk • PUBLISHED in the Eden Prairie News on the day of , 1979. c • • • • MILE WEST OFFICE LEGAL DESCRIPTION • Lot 4 , Block 1 , Edenvale Recreation • Center 2nd Addition. Together with easements • for ingress and egress over the northerly 26 feet thereof together with a perpetual non-exclusive easement for pedestrian and automobile ingress and egress over outlot 8 of Edenvale Recreation Center 2nd Addition. EXHIBIT A D'/7 C TO: Mayor and Council FROM: John Frane DATE: March 13, 1980 RE: Final Approval MIDB'S McGlynn Bakeries $1,300,000 • The City Attorney has reviewed and approved Resolution #80-59, which is included for your consideration. • �S°7 4`, ; • K go -s9 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF REVENUE BONDS TO PROVIDE FUNDS TO BE LOANED TO BURTON J. MCGLYNN • FOR INDUSTRIAL PROJECT TO BE LEASED TO MCGLYNN BAKERIES, INC. AND AUTHORIZING EXECUTION AND DELIVERY OF TRUST INDENTURE, LOAN AGREEMENT AND BOND PURCHASE • AGREEMENT, AND APPROVING LEASE, GUARANTY, MORTGAGE, ASSIGNMENT AND OFFERING STATEMENT BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. The City is, by the Constitution and Laws of the State of Minnesota, including Chapter 474, Minnesota Statutes, as amended (the "Act") authorized to issue and sell its revenue bonds for the purpose of financing the cost of acquisition and construction of authorized projects and to enter into contracts necessary or convenient in the exercise of the powers granted by the Act. 2. This Council proposes that the City shall issue and sell its revenue bonds pursuant to the Act and loan the proceeds thereof to Burton J. McGlynn, doing business as B.J.M. Properties (the "Borrower") to pay the cost of acquiring land and constructing a warehouse and manufacturing building (the "Project"), all ( pursuant to the Act. Forms of the following documents relating to the Project have been submitted to the City Council and are now on file in the office of the City Clerk: (a) Loan Agreement, dated as of March 1, 1980, between the City and the Borrower whereby the City • agrees to make a loan to the Borrower and the Borrower agrees to complete the Project and to pay amounts suf- • ficient to provide for the prompt payment of the principal of and interest on such Bonds; (b) Trust Indenture, dated as of March 1, 1980, between the City and the American National Bank and Trust Company, as Trustee, pledging the revenues to be derived from the Loan Agreement as security for $1,300,000 Industrial Development Revenue Bonds (McGlynn Bakeries, Inc. Project), Series 1980, to be issued by the City, and setting forth proposed recitals, covenants and agreements relating thereto; (c) Lease, dated as of March 1, 1980 between the Borrower and McGlynn Bakeries, Inc. (the "Lessee"), the Borrower's interest in which is assigned to the Trustee as security for the Bonds (this document not to be executed by the City); (d) Combination Mortgage and Security Agreement, • dated as of March 1, 1980, between the Borrower and the Xfl Trustee (the "Mortgage") whereby the Trustee is granted a mortgage and security interest in the Project as ' security for the Bonds (this document not to be executed by the City); (e) Guaranty Agreement, dated March 1, 1980, whereby the Lessee unconditionally guarantees to the Trustee payment of principal, premium, if any, and interest on the Bonds (this document not to be executed by the City); (f) Assignment of Lease and Rents, dated March 1, 1980, from the Borrower to the Trustee (the "Assignment") assigning to the Trustee the Lease of the Project; (g) Bond Purchase Agreement to be entered into by Cronin & Marcotte, Inc., as Underwriter, the Lessee and the City, establishing the terms of purchase, sale and delivery of the Bonds and setting forth proposed recitals, covenants and agreements with respect thereto; (h) Form of Offering Statement describing the Underwriter's offer of the Bonds and certain terms and provisions of the foregoing documents, to which an Appendix will be attached'by the Underwriter describing the Lessee, as deemed material by the Lessee. 3. It is hereby found, determined and declared that: (a) The Project, comprised of the Land, buildings, improvements and equipment described in the Loan Agreement and Indenture referred to in paragraph 2 constitutes a project authorized by and described in Section 474.02, Subd. la, of the Act. (b) The purpose of the Project is and the effect thereof will be to promote the public welfare by: preventing the emergence of blighted and marginal lands and areas of chronic unemployment, preventing economic deterioration; the development of sound industry and commerce to use the available resources of the community, in order to retain the benefit of the community's existing • investment in educational and public service facilities; halting the movement of talented, educated personnel to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; and increasing the tax base of the City and of the county and school district in which the City is located. (c) The Project has been approved by the Commis- sioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Act. -2- ( (d) The issuance and sale of the Bonds, the execution and delivery of the Loan Agreement and of the Trust Indenture and the performance of all covenants and agreements of the City contained in the Loan Agreement and Trust Indenture and of all other acts and things required under the Constitution and laws of the State of Minnesota to make the Loan Agreement, Trust Indenture and Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act. (e) It is desirable that the City of Eden Prairie Industrial Development Revenue Bonds (McGlynn Bakeries, Inc. Project), Series 1980, in the amount of $1,300,000 be issued by the City upon the terms set forth in the Indenture, under the provisions of which the City's interest in the Iroan Agreement will be pledged to the Trustee as security for the payment of principal and interest on the Bonds. (f) The Loan Agreement provides for payments by the Borrower to the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of, premium (if any) and interest on the Bonds when due. The Loan Agreement obligates the Borrower to provide for the payment of operation and maintenance including adequate insurance, taxes and special assessments. (g) Under the provisions of Section 474.10, Minnesota • Statutes, and as provided in the Loan Agreement and Trust Indenture, the Bonds are not to be payable from nor charged upon any funds other than amounts payable by the Borrower pursuant to the Loan Agreement which are pledged to the payment thereof; the City is not subject to any liability thereon; no holders of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; each Bond issued under the Indenture shall recite that the Bond, including interest thereon, shall not constitute nor give rise to a charge against its general credit or taxing powers and that the Bond does not constitute an indebtedness of the City • within the meaning of any constitutional or statutory limita- tion. • (h) The City is a duly organized and existing municipal corporation under the laws of Minnesota and has power to issue the Bonds under the Act. (i) The Project, the issuance and sale of the Bonds, the execution and delivery of the Loan Agreement, Trust Indenture, the performance of all covenants and agreements of the City contained therein and of all other acts and -3- UV 2 1 things required by Constitution and laws of the State of ( Minnesota to make the Loan Agreement and Trust Indenture valid and binding obligations of the City in accordance with their terms, and the loan of money thereunder are authorized and have been duly authorized by this resolution, provided, however that this finding is made solely for the purpose of estopping the City from denying the validity of the Bonds, or of any of the documents referred to in this paragraph, by reason of the existence of any facts contrary to this finding. (j) There is no litigation g pending or, to the best of its knowledge threatened, against the City relating to the acquisition, construction and financing of the Project or to the Bonds or the Loan Agreement, Trust Indenture or Bond Purchase Agreement or questioning the organization, powers or authority of the City. (k) The execution, delivery and performance by the City of the Bonds, the Trust Indenture and the Loan Agreement will not conflict with or result in any breach of, any provisions of, or constitute a default under, any agreement or instrument to which the City is a party or by which it is bound; provided, however, that this finding is made solely for the purpose of estopping the City from denying the validity of the Bonds, or of any of the documents referred to in this paragraph, by reason of the existence of any ( facts contrary to this finding. (1) To the best of the City's knowledge and belief, no councilman of the City and no other elected or appointed official who is authorized to take part in the making of the Loan Agreement or the Trust Indenture or the issuance of the Bonds, is directly or indirectly interest in this Loan Agreement, the Bonds, the Project, or any contract, agreement or job hereby contemplated to be entered into or undertaken. 4. The forms of Loan Agreement, Trust Indenture, Mortgage, Guaranty Agreement, Lease, Assignment and Bond Purchase Agreement referred to in paragraph 2 are approved. The Loan Agreement and Bond Purchase Agreement shall be executed in the name and on behalf of the City by the Mayor and City Manager, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same. The Trust Indenture shall be 1 executed in the name and on behalf of the City by the Mayor and the City Manager, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other laws, as may be approved by the officers executing the same and then shall be delivered to the Trustee. Copies of all documents shall be delivered and filed as provided therein. 5. The City shall proceed forthwith to issue its City of Eden Prairie Industrial Development Revenue Bonds (McGlynn -4- • Bakeries, Inc. Project), Series 1980, dated as of March 1, 1980, in the principal amount of $1,300,000 in the form and upon the terms set forth in the Trust Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof. The proposal of Cronin & Marcotte, Inc. (the "Underwriter") to purchase such Bonds at a price of $1,248,000 plus accrued interest, upon the terms and conditions set forth in the Bond Purchase Agreement is hereby found and determined to be reasonable and is hereby approved. The Mayor and City Manager are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by Section 2.09 of the Indenture, for authentication and delivery to the purchaser. As provided in the Indenture, each Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. The City hereby consents to the use of the Offering Statement, provided that the Offering Statement shall always recite that the Offering Statement and Appendix has been prepared by the Lessee and Underwriter and that the City has made no independent investigation with respect to the information con- tained in the Offering Statement or Appendix thereto. 7. The Mayor, City Manager, City Clerk and other officers of the City are authorized and directed to prepare and furnish to the purchasers of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representa- tions of the City as to the truth of all statements contained therein. 8. The City hereby elects that $10,000,000 limitation of capital expenditures set forth in Section 103(b)(6) of the Internal Revenue Code shall be applicable to the Project and the Bonds, and the City Manager or City Clerk shall execute and file on behalf of the City the form of election required by said Section and the Regulations thereunder. Approved Mayor Attest City Clerk f I -5- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-62 RESOLUTION OF THE CITY OF EDEN PRAIRIE APPROVING THE DEDICATION OF ELEMENTARY SCHOOL BUILDING SITES AT NESBITT PRESERVE PARK AND AT THE FRANLO ROAD PARK SITE, AND AGREEING TO HELP NEGOTIATE A SITE ADJACENT TO ANY FUTURE PARK SITE IN THE VICINITY OF THE CITY HALL WHEREAS, the 1969 Guide Plan encourages jointly planned school/park sites, and WHEIJAS, the 1979 update of the City Guide Plan reinforces the school/park concept, and WHEREAS, the City has participated in successful school/park sites at Prairie View and Forest Hills School park sites, and • WHEREAS, the City negotiated the acquisition of sufficient acreage at Nesbitt Preserve Park and the Franlo Road park site for school/park development, and WHEREAS, School District 272 has requested confirmation of future elementary schoo34ark sites to aid their capital improvement planning process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that elementary school building sites at Nesbitt Preserve Park and at the Franlo Road park site will be dedicated to School District 272 upon formal request by the district for specific acreage, BE IT FURTHER RESOLVED, that if and when a park site is purchased in the vicinity of the City Hall, the City will negotiate for the acquisition of sufficient acreage to support a school/park site. ADOPTED by the Eden Prairie City Council on this 18th day of March 1980. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk MEMORANDUM TO: Mayor and City Council 111RU: Roger Ulstad, City Manager FROM: Bob Lambert, Director of Community Servicest • — DATE: March 13, 1980 SUBJECT: Appraisals of Neighborhood Park Property In December of 1979, the City Council authorized staff to secure appraisals on part: sites to serve the three neighborhoods that were committed neighborhood parks in the 1979 Park Bond Referendum. These neighborhoods included Hidden Ponds, Red Rock and the Creekwood area. The Council requested that staff get appraisals on at-least two sites to serve each neighborhood. A copy of the memorandum presented to the Parks, Recreation and Natural Rsources Commission at their March 3rd meeting is attached. This memo summarizes the data received from the appraisals. The number of acres in each site and the appraised value is as follows: SITE 11 of ACRES PER ACRE TOTAL ESTIMATED MARKET VALUE Hidden Ponds 01 15 $7,500 $112,500 Hidden Ponds #2 24.6 6,500 159,000 Red Rock 111 14.1 2,000 20,795.91 Red Rock #2 27 15,000 414,000 (lakeshore property) Creekwood #1 23 3,500 81,550 Creekwood #2 9.53 2,500 23,800 At the March 3 meeting of the Parks, Recreation and Natural Resources Commission, Tangen moved to recommend to the Council that staff be instructed to secure options on Red Rock Site ill, hidden Ponds Site #I and Creekwood Site 01. On Creekwood Site #1 to negotiate an option of something less than 23 acres that would still give the area needed to accommodate the proposed active use development. Motion passed unanimously. The City could scale doom Creekwood 11 site to approximately 18 acres which would reduce the appraised value of that site to $63,000. Of the 18 acres approximately 14 would be in the floodplain and the only current access for Creekwood residents would be through Outlot A of the Creekwood Development. Therefore, until the southern portion of the site is developed or until homeward Hills Road is extended, the City would have to secure a temporary access road easement to this site. Staff requests authorization to negotiate options on Hidden Ponds 1, Creekwood 1 and Red Rock 1$ based on these appraisals. Staff would recommend one year options to insure holding these sites until bonds arc sold and funds arc available for acquisition. DL:md /(Xz 1 • i MEMORANDUM 1 I I TO: Parks, Recreation and Natural Resources Commission 1 FROM: Bob Lambert, Director of Community Services 124.- ij DATE: February 29, 1980 1 SUBJECT: Appraisals on Neighborhood Parks 1 a Late in 1979, the City Council authorized staff to secure appraisals on park sites to serve the 3 neighborhoods that were committed neighborhood parks in • the 1979 Park Bond Referendum. These neighborhoods included Hidden Ponds, Red Rocx Area and the Creekwood Area. The Council requested that staff get appraisals on at least two sites to serve each neighborhood so the City would • not be locked into having to purchase one site and could compare relative land costs. HIDDEN PONDS Appraisals were secured on two proposed sites that could serve the Hidden Ponds area. Hidden Ponds site No. 1 was determined as the first priority site early in 1979 based on appraisals of this site, and the the No. 2 site (Camp Frontier). The No. 1 site is the original Hidden Ponds Park site that the City had optioned in 1975. This 15 acre parcel is just east of the narrow open space area that ( the City presently owns. You will note, the appraiser refers to this site as • a 12.8 acre site, when in fact it is 15 acres. The estimated market value is $7,500 per acre; therefore, the total estimated market value is $112,500, plus assumption of any special assessments. There is $8,803.12 in outstanding special assessments at this time, and $89,850 in pending road improvements. Hidden Ponds site No. 2 is the Camp Frontier site that the City Council was considering as a possible neighborhood park site to serve Hidden Ponds in 1978. This site is located just west of the Hidden Ponds Park site No. 1. The western border of the Camp Frontier site is also the western border of the City of Eden Prairie. This 24.6 acre site is appraised at $6,500 per acre.for a total value of $159,000, plus assumption of any special assessments. RED ROCK Site No. 1 to serve the Red Rock Neighborhood is located along the west side of Mitchell Road north of Village Woods Drive. This parcel has been the proposed neighborhood park to serve Red Rock since 1975. It includes 14.1 acres and is adjacent to approximately 4 acres the City already owns along the western border of this site. The majority of this site has very poor soils; therefore, the appraiser has the estimated market value at $2,000 per acre for a total of $28,200, plus assumption of any special assessments. There is $20,795.81 of special assessments levied on this parcel at this time. • • -2- Red Rock site No. 2 is designated as a 27 acre peninsula jutting out into Red Rock Lake from the east. This is the only other parcel in that immediate area that should be considered as a possible park site. It is a completely different type of park site from site No. 1. However, when this area is developed, the City should consider purchase of some of this lakeshore to provide public access to Red Rock Lake. This 27.6 acre parcel is valued at $15,000 per acre; therefore, the estimated market value of $414,000, plus assumption of any special assessments. CREEKN00D Creekwood site No. 1 was determined as the primary park site to serve the Creekwood area from Creek Knolls Road easterly to the future extension of Homeward Hills Road. This site required an excess of 23 acres due to the amount of floodplain and steep topography within the site. If the City were to acquire this site prior to development of the southern portion of the site, an access easement would have to be secured until a permanent access road. This site could be developed to accommodate a minimum neighborhood park active use areas including a small softball field, junior size football field, two tennis courts and ice skating pcnd. Greekwood residents could be provided access through Outlot A of Creekwood located adjacent to the northwest portion of the site. Creekwood site No. 2 is a 9.53 acre site located immediately north of Croekwood site No. 1 on the north side of Purgatory Creek. This site also contains some floodplain of Purgatory Creek, but is fairly level and could be developed with minimal facilities. However, a bridge across the creek would be required to serve the Creekwood area. This 9.53 acre site is valued at $2,500 per acre; therefore, the total estimated market value is $23,800, plus assumption of any special assessments. Staff would not recommend entering into purchase agreements on any of these sites until bonds arc sold and the availabiltiy of funding is more certain. However, staff would recommend the Council consider authorizing negotiating a six month to one year option on the following parcels: • Hidden Ponds site No. 1 Creekwood site No. 1 Red Rock site No. 1 BL:md • v42 MEMORANDUM TO: Mayor and City Council TIIRU: Bob Lambert, Director of Community Services FROM: Stuart A. Fox, City Forester ` DATE: • March 13, 1980 SUBJECT: Operation of Utilization site for the Disposal of Diseased Elm Trees • The staff has been researching the alternatives of operating a chipping site for the disposal of diseased elm trees within the City for the summer of 1980. The Council had several concerns regarding alternatives to chipping (ie. locating a buyer for the raw wood) and expanded cost estimates for a chipping site. SELL RAW WOOD (tree debris) The sale of raw wood (diseased elms) material for hauling by the buyer is not an acceptable alternative because of the following reasons: 1. livery community in the metro area must get rid of tree wastes and no community has been able to sell raw trees. (everyone pays for ( disposal) 2. The stockpiling of debris at a utilization site must be processed within 72 hours (3 days) of it arriving. This is per rules and regulations of the State Department of Agriculture Shade Tree Program. 3. Most purchasers of the wood products generated from a utilization site arc product specific - companies which use,chips as fuel do not have chippers to turn the raw wood into chips. They only buy chi s. 4. The zoning ordinance prohibits outside storage except in areas zoned I General. The City currently has only 3 areas zoned I General. The City would have to locate a parcel of property, pay a land lease or purchase, pay for installation of a spur track and screen the site according to the screening ordinance. S. The staff attempted several times to call the Chicago-Northwestern and the Chicago-Milwaukee and St. Paul Railroads to get estimates regarding costs. The estimate on cost for trackage and freight is not availalbe until March 19, 1980 because both estimators are in Chicago. The availability of railcars which could transport material on a weekly basis is also uncertain. This is due to unknown destination of the cars since the staff is not aware of a utilization site or buyer for the unsorted tree material adjacent to a rail line. dv"." START OF The images appearing between this point and the End of Retake target are true, accurate, and complete copies of records that previously were not filmed or were filmed incorrectly. -2- CLARIFICATION AND ESTIMATED COSTS FOR 11111 OPERATION OF A DISPOSAL SITE WITHIN • EDEN PRAIRIE If proper terms for a chipping operation can be worked out, the landfill is the most desirable location. The site would be secured, adjacent to major highways, equipped with a weight scale for both incoming and outgoing wood volume inventory, and screened from the roadway. Ideally, any increase in the 1980 tree program budget would be offset by money • collected as drop charges and sale of raw materials (chips and saw logs) generated at the site. This is not to say the City will make a profit from this type of disposal. The primary reason for the staff recommending that the City operate a disposal site is so that the current hauling of diseased trees from • the cursbside of private property may continue. ESTIMATED COSTS Mohark Chipper Hennepin County (June-Sept.) $40,000 Land Rental Flying Cloud Landfill (June-Dec.) 7,000 Bookkeeping Costs Flying Cloud Landfill Extra Manpower - 2 men to assist chipper (June-Sept.) 6,000 Use of additional City equipment - Front End Loader (fuel costs) 800 TOTAL $53,800 RETURNS • 1. Drop Charges - $1.50/yd. x $6 yard/tree (hulk volume in truck) x 1,100 trees = $9,900. Rate charged to contractors or other municipalities disposing of materials at the site. Eden Prairie tree debris of 4,000 trees would be at no charge to the City. 2. Sale of Chips - $12.50/ton Estimated volume of chips 5,100 trees x .6 ton/tree = 3,060 tons The staff would like to clarify the conditions surrounding the sale of wood chips. The chipping operation that would be operating at the utilization site would generate "dirty" chips. These chips arc called "dirty" because they are not uniform in size, they have bark on them and they contain leaf debris and small twigs. They are not desirable as fuel or to be used in various wood products. The market for "dirty" chips is limited to landscape related uses such as trail systems or bedding mulch for landscape plants. The market for these chips is limited and the staff anticipates that only 1/3 of the volume would be sold within 6 months. If Eden Prairie residents arc allowed to get free chips for landscape use around their homes, similar to the present program, the staff estimates residents would use 1/6th of the total volume generated. NOTE: Homeowners would use their drivers license or dump card to identify them as Eden Prairie residents. The remaining volume of chips would remain until sold or if more than 1 year passes and the chips begin to rot excessively, they would be buried. ( Estimated income form chip sales = $13,000 ��l END OF RETAKE -3- 3. Sale of sawlogs - $35/MBP (thousand board feet) It is difficult to estimate how many board feet of sawlogs would be generated. This is because most homeowners who remove trees place them at the curbside in lengths under 8' long. Sawlogs must be 8'+ in length, straight, no crotches, a minimum of 12" • in diameter and contain no metal (nails, etc.) The staff feels that sawlogs will be generated by homeowners using tree removal contractors, but the volume will be a small percentage of the total material brought into the site. The option of selling the logs or having the logs sawn into 2x, 4x or 6x lumber material (as is being done to material removed from large wooded"park parcels by park maintenance crews) could be decided in the future, based on the need for lumber for benches, fences, and bridge decking in City parks. Estimated volume of sawlogs -- less than 30,000 board feet. SUMMARY (Estimated) Costs -$53,800. Returns + 22,900 Estimated Program -$30,800 Cost The estimated program cost of $30,800 would qualify as a sanitation expenditure under the guidelines of the Minnesota State Shade Tree Program. This means that the City would be reimbursed 47% of the $30,800 expenditure ($14,475) making the City's estimated cost increase for the disposal of diseased trees $16,325. The staff realized that following closure of the landfill as a disposal site for tree debris that the 1980 budget, which was submitted in the fall of 1979, will not be sufficient to handle an increase in dispoal costs. The staff has explored the alternatives and feel that the operation of a utilization site is the best alternative. The staff requests that after review of the options included in this staff report and the report dated February 28, 1980 that the Council authorize the staff to proceed with this proposed program alternative. SF:md • P.(J.y • ( MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission TURD: Roger K. Ulstad, City Manager PROM: Bob Lambert, Director of Community Services 1.2)4 DATE: March 13, 1980 SUBJECT: Lake Management Program One of the recommendations of the Round Lake Qater Quality Study to improve the water quality, was to enter into a fish management program for the lake. This program would include poisoning the lake and introducing new species of fish. Attached is a copy of an outline of estimated costs of four services suggested by the DNR and by Barr Engineering in the Round Lake Quality Study. The majority of these costs deal in a monitoring program. The information obtained from this monitoring program would help the City to determine what action could be taken to improve other lakes within the City with similar problems, and would help to determine if the introduction of new species of { fish is in fact improving the quality of the lake. A summary of the estimated costs are as follows: 1. Pre-Treatment Monitoring - $3,300 (1980) March thru October • - monthly samples. 2. Lake Destratification - $3,500 (1980) The DNR,has requested that the City consider destratification to increase the chances that they would be able to stock the lake this fall after treating the lake. The lake will destratify naturally in late fall, however, it is very possible that the DNR's fish rearing ponds would be iced over prior to Round Lake being completely destratified. Therefore, stocking would have to wait until the spring of 1981, thus losing one year of fishing. 3. Water Oxveen Control - $4,500 (1980) It should be noted that this PT-gm estimated cost is for the evaluation study of aeration techniques. The aeration system itself would possibily cost between $10,000 and $15,000. This would be for an underground aeration system (would not include a bubbler system, eliminating problems with thin ice, etc.) 4. Post-Treatment Monitorimt - $6,000/year (1981 and 1982) $4,400 per year (1983 and 1984). If the City Council is in agreement with the recommendation from Barr Engineering regarding these proposed services, staff would recommend obtaining several other quotes from consulting engineers prior to final approval. _y- The City Council could also consider a restocking program and a spot check monitoring program that would be completed upon request by the City, perhaps once or twice a year, to determine general trends of water quality. If the City chose this course of action, monitoring costs could he as little as $500 to $1,000 a year (perhaps the high school biology classes could participate in this monitoring program). The DNR would profer the City to commit to destratifying the lake and a more elaborate monitoring program; however, these arc not requirements for restocking the lake. The DNR would hesitate to restock the lake without some commitment from the City on some type of aeration system. City staff would recommend the Council request the Department of Natural Resources to treat and restock Round Lake in the fall of 1980 without destratification, and commit to no more than a spot check monitoring program for the next four years; and to installation of an aeration system in 193i. The City should also consider requesting the Watershed District to participate on a 50-50 basis, sharing in any costs rolated to this service. BL:md MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services • DATE: February 26, 1980 SUBJECT: Fish Management Program ROUND LAKE On February 25, 1980, I met with Don Farb, Barr Engineering; Duane Shodccn, Department of Natural Resources; Dr. Shapiro, University of Minnesota; and - Joe Schilling, Minnesota Pollution Control Agency. The purpose of the meeting was to discuss the Round Lake Water Quality Report and the proposed Fish Management Program for Round Lake. In 1979, Barr Engineering completed the Round Lake Water Quality Study that was financed by the City of Eden Prairie and the Riley/Purgatory Watershed District. One of the major recommendations for improving the quality of the water at Round Lake was to enter into a Fish Management Program for the lake. Staff recommended the City enter into this program in the fall of 1980. The program would include completely poisoning the lake and introducing new species of fish in September of 1980. The Department of Natural Resources would pay for the poisoning and the restocking of the lake. However, the City would have to commit to the following: •r � 1. A public education program informing Eden Prairie residents of the stocking program and the importance of residents not introducing other species of fish. 2. Contracting with Barr Engineering for a monitoring program that would commit to testing the results of the fish management program on water quality, algae, zooplankton, size of fish, number of fish, species, winter kill, etc. to determine if the program is effective, if there is a need for additional stocking, if the water quality if improving, etc. 3. Installation of some type of aeration system to eliminate any future winter kill. Barr Engineering will be submitting a letter to the City of Eden Prairie outlining the monitoring program, the purpose, costs, etc. This will be submitted to the Parks, Recreation and Natural Resources Commission and the City Council at their March 17 and 18 meetings. There is possible funding through the EPA Grants Program whereby the EPA pays 50:, the State 2S°, and local 25... However, there is a waiting list for this program. It may may he several years before the City would be eligible. Also, there are many requirements for documentation and testing that would increase the cost of the monitoring program to such an extent that it is questionable if a program on the scale of the Round Lake study would benefit through this grant program. • -2- Staff would recommend the City contact the Watershed District to determine • if they would assist in the cost of this monitoring program. This fish management program should improve the quality of the water at Round Lake and improve the fishing by introducing large mouth bass and walleyes, while removing bullheads and the crappies. RED ROCK LAKE In a telephone conversation with Duane Shodeen, Department of Fisheries, DNR, on Febraury 26, 1980, he indicated that Mitchell Lake and Red Rock Lake are the best candidates for a fish management program in the City of Eden Prairie due • . to their isolation. The best fishing lakes in the City at this time are Bryant Lake, Staring Lake and Riley Lake. The potential for improving the quality of the fishing on these lakes is limited at this time because those lakes are directly fed by creeks and they arc at the bottom end of the watershed. This makes them the most difficult • to improve as far as water quality and fish population. Red Rock Lake was once one of the best large mouth bass lakes in the State of Minnesota. It contains 91.5 surface acres and has a maximum depth of 17 feet. However, 99% of the lake is less than•15 feet. In 1976 a netting survey indicated the only species of fish in the lake are bullheads and several species of minnows. 4( The lake has good rooted vegetation to 7 feet and fairly good water clarity. To initiate a fish management program on this lake, the City would have to provide a public boat launch area, this could be limited to canoes or boats with electric motors; however, if we limited the general public to canoes and boats with electric motors, we would also have to limit the property owners on the lake to that same use. The City would also have to install an aeration system, which could mean a bubbler or an underground circulation system,that would essentially • pump water out and back into the lake. If those steps were taken, this lake could again be one of the best fishing lakes in the State of Minnesota. As the eastern and southern shore of this lake is developed, the City should acquire parkland that would provide public access by boat. The City should also consider constructing fishing piers from public property on that lake. MITCHHELL LAKE As was previously stated, Mitchell Lake along with Red Rock has the potential of being an excellent fishing lake. Mitchell Lake contains 112 surface acres of water (109 of the 112 is less than 15 feet depth). The Department of Natural Resources has no records of any netting surveys on this lake. However, they arc fairly certain this lake freezes out quite often due to its depth. This lake also has great potential for fishing if the City designs a storm sewer system that will provide sufficient drop so that rough fish cannot enter this lake through the sewer system. This lake would also require an aeration system to keep oxygen levels high enough to support game fish. -3- The City is presently acquiring a 73 acre park on the south end of Mitchell Lake. The recreation potential for this park could increase greatly if this was a good fishing lake. The City should consider requesting the Department of Natural Resources to begin monitoring this lake for oxygen levels and netting surveys to determine the fishing potential for this lake and steps that would have to be taken to begin a fish management program on this lake. STARING LAKE PARK Staring Lake consistently has approximately 30* fish houses on it throughout the winter.,:. • Fishermen are generally catching good size crappies and some northern. The last DRN netting survey was in 1975 (another is scheduled for 1980), the following species were found in Staring Lake: suckers, average number of carp, high number of bullheads, low number of northern, (although they were excellent size) average number of perch, high number of good size crappies, average number of sheephead, low number of bluegill. Bluegills are a good indication of the potential of a lake to support game fish. • They rely on rooted vegetation for cover, as do bass, and they are the first • to die out if the lake suffers from low oxygen. There is presently a fish trap south of Staring Lake on Purgatory Creek. This does a fairly good job of eliminating rough fish coming from the Minnesota River. However, because Staring Lake is at the bottom end of the watershed,rough fish continuely enter from the f north. It would be very difficult to operate an effective fish management program in Staring Lake until all of the lakes to the north are treated and have rough fish removed. There is no way to eliminate rough fish through the use of traps because small fish will always go through and eventually provide tho breeding stock for more rough fish. Traditionally, Minnesota residents throughout the State drive to the northern • lakes for "good fishing". As energy costs increase, people will tend to look closer to home for their weekend fishing. Eden Prairie is fortunate to have four fairly good fishing lakes and the potential for two additional excellent fishing lakes. Fishing is one of the few outdoor recreational activities that can be enjoyed in both winter and summer and the City should be encouraged to develop this recreation potential to the fullest. BL:md • • X rC BARR ENGINEERING CO. CONSULTING ENGINEERS DOUGIAS W KARR 6800 TRANCE AVENUE SOUTH tom D.NKKSON MTNNEArOLIS.MINNESOTA S543S t R.MOt1A/N(R AtIAN GFMNARD TELEPHONE(AREA 612)92ooess MIMIC(W GURU IFONARO 1.KREMER DINNIS E.PALMER WARREN W HANSON March 12, 1980 Mr. Robert Lambert City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Round Lake Fish Restocking Program Dear Mr. Lambert: As we discussed with Mr. Duane Shodeen of the Department of Natural Resources and Dr. Joseph Shapiro, the fish restocking program proposed for Round Lake should include assistance from the City of Eden Prairie. Specifi- cally, the DNR has asked the City to participate in the restocking program by • providing the following services: 1. Pre-treatment monitoring 2. Destratifying the lake 3. Aerating the lake during the winter . 4. Post-treatment monitoring I am enclosing a discussion describing these activities and their anticipated costs. If I may provide you with additional details, please contact me at 920-0655. _ Sincerely, 4:144"777" Donald G. Farb DGF/yc Enclosure c: Board of Managers, Riley Purgatory Watershed District, w/cncl. Mr. Duane Shodcen, w/cncl. Mr. Joseph Shapiro, w/encl. • ROUND LAKE FISH RESTOCKING PROCRAH Studies conducted on Round Lake have indicated that restocking or biomanipulation may help the City manage the lake's water quality. As discussed in Round Lake--Water Quality Management Recommendations, biomanipu- letion alters the lake's biological community rather than attempting to change the chemial and physical components of the lake or watershed. The resulting fish population will provide better control of small panfish, principally crappies and sunfish, which are limiting the ability of zooplank- ton to control algae. The Minnesota Department of Natural Resources (DNR), has offered to treat Round Lake to remove the existing fish and stock the lake with a balanced fish population consisting of juvenile bass and bluegilla in the fall of 1980. Duane Shodeen, of the DNR staff, has requested that the City provide technical support in preparing the lake for restocking and in evaluating the effectiveness of the restocking program. The following discussion outlines a program to assist the DNR in the restocking program and to evaluate the effectiveness'of the restocking program. Specifically, the activities outlined below are designed to: 1. Gather water quality data during the summer before the restocking program is conducted, to supplement the water quality data collected during 1977 and earlier. 2. Examine and identify the most cost-effective means of destratifying the lake prior to the restocking effort in the fall of 1980. 3. Identify and recommend the most cost-effective method of aerating the lake during winter oxygen-deficient periods. 4. Monitor the water quality of the lake during the post-restocking period and during the watershed's continued development. 1 Each of these activities is described in further detail in the following paragraphs. Pre-Treatment Monitoring — To complete the pre-treatment data based, the background data collected in 1977 should be supplemented with data collected prior to restocking the fish population. Inasmuch as phosphorus and nitrogen data are useful indicators of nutrient activity in freshwater lakes and existing nitrogen and phosphorus data are three years old, information should be collected on phosphorus and nitrogen levels to complete the pre- treatment data base. The proposed monitoring program will also update the information on seasonal zooplankton and algae changes and chlorophyll levels. Such information is important to adequately describe the lake's biological community prior to initiating the treatment program. The samples should be collected monthly during the ice-free period (late March through October). In addition to the above parameters, routine limno- logical measurements of dissolved oxygen, temperature, pH, specific conduc- tance, and transparency should be completed in the field. The sampling station recommended for these measurements is the same station used in the 1977 study. Pre-treatment monitoring program is estimated to cost $3,300. This estimate includes the time and expenses of field personnel assigned to sample the lake during seven monthly monitoring events in the summer of 1980. The estimate also includes the cost of laboratory analyses conducted to evaluate nitrogen and phosphorus levels, and zooplankton and algae populations. Results should be reported to the City, DNR and Riley Purgatory Watershed District on a montly basis. Lake Destratification -- The timing of the fish removal and restocking effort is critical to the success of the biomanipulation program. Since fall overturn or destratification is essential to the even distribution of the toxins used for fish removal, it will be important to ensure that the lake is completely mixed prior to treating the lake. 2 fi.f Secondly, the DNR is proposing to treat and restock the lake in the same season. In order to ensure that the toxins used to remove the fish have sufficiently degraded, the DNR will wait three to four weeks after treating the lake before they restock it. If destratification occurs by natural processes, restocking the lake would be delayed until late October or early November; too late to ensure an available replacement fish population due to • ice on DNR fish rearing pond. The DNR has, therefore, requested that the City assist in the restocking program by destratifying the lake in early September and by maintaining it in a thoroughly mixed state for three to four weeks. Techniques to artificially destratify the lake should be examined, and a recommendation respecting the most appropriate method and its cost should be developed. Recommendations and cost should be available to the City by mid June, 1980. The cost of evaluating three destratification techniques is estimated to be $3,500. This estimate includes 80 hours of an engineer's time to evaluate destratification devices and prepare a report recommending a specific destratification technique. Meetings should be held with the DNR staff during this task to discuss the applicability of destratification techniques. A report summarizing the engineer's findings should be submitted by mid June and include recommendations and a cost estimate for the most practiceable system. This estimate does not include the cost of preparing detailed plans and specifications, since these items depend on the destratification technique • selected. Following the City's review of the engineer's recommendations, it is estimated that plans and apecificatons could be prepared within 30 days, ensuring their availability before the fall of 1980. Water Oxygen Control -- The cost of the fish removal and restocking program is substantial and the DNR has requested that the City adopt proce- dures to ensure that the fish population is not lost due to oxygen-depletion during subsequent winter. An aeration system should be installed during 1981, since it is felt that the new fish population will be able to survive the first winter without supplemental oxygen and the DNR can easily replace fish lost during the first winter. The aeration systems evaluated in this activity should not cause or require open-water conditions to aerate the lake. 3 The aeration techniques that are believed to be most applicable to Round Lake include: 1. Appropriating water from the proposed high school's air condition- ing wells and discharging it to Round Lake beneath the winter ice after aeration. 2. Constructing a recirculaton system along the edge of the lake. The system would pump water fr•mn under the ice near the surface through • a series of baffles, thus permitting aeration, and return this water to the lake at another point, also beneath the ice. Such a facility has been installed and demonstrated at Hyland Lake in Bloomington. The evaluation should examine the technical feasibility and the instal- lation, maintenance and operating costs of candidate aeration systems. It is estimated that it will cost $4,500 to evaluate two aeration tech- niques. The engineer's findings for this study should be submitted to the City by October 1, 1980. This cost estimate does not include preparing detailed plans and specifications, since the cost of the latter will depend on the aeration technique recommended by the engineer. Post-Treatment Monitoring -- Following restocking, the lake should be monitored to observe and measure the changes that are attributable to the restocking program. The post-treatment study should concentrate on monitor- ing the algae and zooplankton communities. The DNR is expected to assist by monitoring the fish population. It is anticipated that the new fish popula- tion will become stabilized and have a balanced age structure after four years. During the first two years following treatment, algae and zooplankton communities should be sampled on a monthly basis during the ice-free period. Routine limnological parameters including chlorophyll, dissolved oxygen, temperature, pH, specific conductance and transparency should also he measured. Monthly monitoring for total phosphorus and total nitrogen should 4 ('3�� be conducted to check if watershed development has increased the nutrient loadings of the lake. During the last two years of the monitoring, frequency of sampling may be reduced to three times during the ice-free period. Field monitoring of dissolved oxygen levels should be conducted during the winter to detect conditions that may threaten fish survival. Winter oxygen measurements should be made in late February and early March, a typical period of low oxygen conditions. To estimate the impact of the high school and street runoff, additional • chemical parameters should be measured semi-annually during spring and fall turnover. The additional parameters are hardness, chloride, zinc, nickel, lead, and copper; several of these are potentially toxic to aquatic organisms • in very small concentrations. Stormwater data reported by other sources indicate that these constituents may be present in significant amounts in street and highway runoff. • The proposed monitoring program and yearly evaluations of the water quality will allow the City to modify the program as necessary; and, if necessary, provide information useful in obtaining further assistance from State and Federal programs to manage the water quality of Round Lake. Based on 1980 cost information, the post-treatment monitoring proposed for Round Lake will cost approxiamtely $6,000 per year during the first two years; and $4,400 per year during the final two years. Inflation and other economic factors will cause these estimates to change in successive years and the City should obtain annaul cost proposals. The cost estimates include the time and expenses of field personnel to sample the lake as well as the laboratory costs associated with determining nitrogen and phosphorus levels and evaluating phytoplankton and zooplankton populations. Monitoring results should be reported to the City annually. An annual report comparing pre- and post-treatment monitoring results and identifying trends or changes in water quality should be submitted to the City and is included in the aforementioned cost estimates. • A public awareness program designed to acquaint lake users with the water quality management program and to help achieve the program objectives will be important to the restocking projects success. Extra copies of the Round Lake Water Quality Management Report may be useful to the City in promoting this effort. The estimated cost of printing an additional 25 copies of the report is $250, • • • 6 • MEMO 4 TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer GATE: March 14, 1980 SUBJECT: Bids for Valley View Road I.C. 51-325 Per the attached letter of March 13, 1980, Brown & Cris Construction Co., the low bidder on the above referenced project, has agreed to uncondition- ally extend the time for award of bid to May 10, 1980. City Attorney Roger Pauly has reviewed this matter and, in a memo dated March 12, 1980, he concludes as follows: " . Although the issue has not been specifically addressed by the Minnesota Supreme Court, it appears that an extension by a low bidder of the period during which its bid must be accepted is not a material change in the bid, requiring a rejection of that bid or a re- letting of the contract." It is recommend that the City Council continue consideration of bids for this project to May 6, 1980. CJJ:kh Attachment _ 9�r� Wayne E. Brown brown Arnold K.Christensen 7_y East Frontage Road of 1-35 Bradley Cosby 19740 Kenrick Ave. Gerald A.Grove Lakeville, Minn 55044 Michael C. Peterson •crls Inc. Phone 612-469-2121 Ronald L. Romer March 13, 1980 Mr. Carl Julie - City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minn. 55344 Re: Valley View Road, Hames Way & Round Lake Park Site Grading City Proj. No. 51-325, 51-325A, 51-325B Dear Mr. Julie: With reference to the subject project we agree to extend the award of our bid until May 10, 1980. Yours very truly, OWN & CRIS, INC. :r4 Executive Officer +,r 412.1 MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 29, 1980 SUBJECT: Bids for Valley View Road, Stage I, and Round Lake Park Site Grading I.C. 51-325 Sealed Bids were opened at 10:00A.M. on Friday, February 29, 1980, for the above referenced improvements. These bids as read are listed on the attached summary. All bids will be checked-for errors and tabulated for Council review on Tuesday evening, together with the draft of Resolution No. R80-53. The Engineer's estimate for this project was $790,000. Because of the recent problems in the municipal bond market, we recommend ( that the Council continue consideration of these bids until May 6, 1980, which is the suggested date for the City's next bond sale. A determination can be made at that time whether or not to proceed with the contract. Im- mediately prior to opening bids, we announced to all bidders present that we would be recommending to the City Council this delay in award. We have talked with Brown R Cris Construction Co. and they have indicated that this exten- sion will be acceptable, but that this would have to be verified with their subcontractors and also an appropriate time extension for completion of the work would be expected. CJJ:kh Attachment ems.,? VALLEY :iE;; W.,A (;'ii;.SE ;) S.A.P. 1t1-TD9-02, I.C. t1-32 NAMES WAY, 1.C. I- 25.. j ROUND LAKE P„R!. SIZE G;:LI„G, I.C. 32SE LANDSCAPE PLANTING, I.C. 51-325C� CID OPENING: FEBROARY 29, 1980 ( 10:00 A.M. BIDDEP, BID SECURITY' ' TOTAL BID 5)65)PROGRESSIVE CONTRACTORS, INC. 5% $ togo_J -72.2.. -/-(2 _ 5 _ WANGERIN, INC. _5_471Q r73 _ 5z____ - ARCON CONSTRUCTION CO. t �% (0,,&3 507, �"-� M. G. ASTLEFORD CO., INC. I I BRUCE COMPANY OF WISCONSIN 12 - C. S. McCROSSAN ' S I $ 812, 598. HAYEK CONSTRUCTION CO. DELUXE CONSTRUCTION, INC. J/ • a _ NORTHERN CONTRACTING 5(D $ 757 2.12. 14 _CARL BOLANDER & SONS r5%0 I if 9V1�83 1 O BROWN & CRIS, INC. 5% $ _I�tvJF) 5/0. OS !' 4_ - ENEBEK CONSTRUCTION CO. l 35 RICHMOND EXCAVATING, INC. y 13 --� SHAFER CONTRACTING CO. 9 _ 7Q RICHARD KNUTSON, INC. 5 $ 7( 4 58Z_ 75' -1 _ MCNAMARA VIVANT CONTRACTING • 5�I $ 746 Btol 59 QRS CONSTRUCTION CO. F. F. JEDLICKI, INC. _ _ - SEBESTA CONSTRUCTION CO. I ORFEI & SONS, INC. _ II _ -MINN-KOTA EXCAVATING, INC. _3% t_T_I___3084_32a G. L. CONTRACTING . MATT BULLOCK CONTRACTING CO. ALEXAt_DER CONSTRUCTION CO.__ --� 1 -�___-_r_ W. J. EBERTZ GRADING & EXCAVATING it KAH`;Y,E BROTHERS, INC. 0..3 • • 11 .n.t. HAMCS f 2 RDU:1� LAKE PARK SITE GRAD t;G, ] C 51-525E LANDSCAPE ?U.NTIIcG, I.L. 51-325C 61U C=ERING: FEBOARY 29, 1930 1r ( 10:00 A.M. BIDDER I BID SECURITY! TOTAL BID to Wiz. LnKE • • 9,4 • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Juliie, City Engineer DATE: March 13, 1980 SUBJECT: Survey Correction for Harry Rogers Property Mr. Harry A. Rogers, owner of property at the northwest corner of Co. Rd. 4 (Eden Prairie Rd.) and Co. Rd. 1, has requested that the City correct a previous land survey which resulted in a portion of the City's Park Maintenance building being located on his property, as shown on the attached drawing. The attached deeds, prepared by Mr. Pauly's office, will correct this problem by providing for an exchange of 3' of land along the north and south property lines of the City's parcel. It is intended that Mr. ( Rogers will grant the City 3' on the south side and the City will deed 3' to Mr. Rogers on the north. The City's building will then be 0.9' minimum from the new property line, as shown on the survey. Recommend approval of this property transfer. CJJ:kh Attached CERTIFICATE OF SURVEY FOR:CITY OF EDEN PRAIRIE r 1 E.I/4 COR. SEC.20, T.116 R.22W.—\\ • STD. CAST IRON MON. INPL. 0 m to 3 SCALE:1"=40' re) CV DENOTES MON.SET EYi5T1�`' 90°00'00" •DENQTES MON.INPL__-----_ • 264.00 co c ----- ---- -- -- - "-90°00'00" p N W 0 50 coo N in m CEMENT m ( LID IS11N(, v BLOCK • w BLDG. 0 90' 90°00100" N - ---Y_-------4.4=<--= --- -- - ..l-r -264.00- ___._ _. _ _ _ .._ _ z ',�-- 133' - -- J 90°00'00` ICJ E W j IA; S.E. COR. SEC. 20 STD. CAST IRON MON. INPLACE} 'N. - All THAT PART OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 116. RANGE 22 WEST. HENNEPIN COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE SOUTH ON THE EAST LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 356.80 FEET TO THE POINT OF ' BEGINNING OF A TRACT TO BE DESCRIBED: THENCE DEFLECTING RIGHT 90 DEGREES 00 MINUTES 00 SECONDS 264.00 FEET; THENCE DEFLECTING LEFT 90 DEGREES 00 MINUTES 00 SECONDS A DISTANCE OF B2.50 FEET; THENCE DEFLECTING LEFT 90 OEGREES 00 MINUTES 00 SECONDS 264.00 FEET TO SAID EAST LINE; THENCE DEFLECTING LEFT 9D DEGREES 00 MINUTES 00 SECONDS ALONG SAID EAST LINE A DISTANCE OF 82.50 FEET TO THE POINT OF BEGINNING ANO THERE TERMINATING. SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. I HEREBY CERTIFY THAT THIS PLAN.SURVEY OR DRAWN WiA.411 MVYaIn REPORT WAS PREPARED BY ME DR UNDER MY A.O. DIRECT SUPERVISION AND THAT I AM A DULY211) rlak• ••EGISTERED UNDER THE LAWS OF canal! IOFI E STATE DF MINNESOTA cnecA mulls/ J'J L.G. a..oclalaa Inc c�� - !'••�J1-i'4-r"'� `rlvIII arthllatla thl Mo *Aglow* 3-[•f• REGISTRATION 7 P.S.,K.R ;"nnin•Ywa 791047 DAIE 22 7 P • • • ,o��pmt ta.rm*taus. Ferns No.b2 ,.Vabnn NtTI L eooM C o YMMnp son.Monk, nn3 Minn e5'I. Cptpn.Ibn Ie J.Mt TOOY16.7ry MM Inn., gbh(llnbenntulre,Made this. nay ( bolsa.es of Edi:'II_T'teirie. a myn1p•ioat Y eoemreti.os under the hum of the State party of the find port,and ±+. F—. t._$.89.� O.�1d1iY.a'.1vn t! Roaerar._tyed nntLgSf,•. of Mr County of iicnn21:8iA _and State of Mi nnegrta pa,.lfa,of Ills errand tart, WitnM5rIh. That the oeid potty ofthe rot tart,10 r«n,jdeeolioo of the sum«f...._.._.._...._.._.. ! • One dollar and other good and valuable consideration _ f to 11 in hood paid by the.aid posie of the awed peel.the eeeritd nehn ref ie hrerby oekeotohdfel, done hanky Grant,$srtloia,(Mit-claim,and Om ry unto the add portico of the,rsewd part no joint tenant.,and net an tenants in common,their assigns,the meeker of said Portia*,and the heirs and amigos of the survivor,Farmer,all the traet_or p.rrel__.of land lying and being in the County of ....._._i8TGA.P7.Ii__—rnd Stole of,*tinned«.demerit r,os/nll«uT,to-wit: All that part of the Southeast Quarter (SE 1/4) of Section 20, Town- ship 116, Range 22 West, described as follows; Commencing at the northeast corner of the Southeast Quarter of said ! Section 20; thence south on the east line of said Southeast Quarter a distance of 353.80 feet to the point of beginning of a tract to be described; thence deflecting right 90 degrees 00 minutes 00 seconds 264.00 feet; thence deflecting left 90 degrees 00 minutes 00 seconds 3.00 feet; thence deflecting left 90 degrees 00 minutes 00 seconds 264.00 feet; thence deflecting left 90 degrees 00 minutes 00 seconds 3.00 feet to the point of beginning and there terminating. Subject to any and all easements of record. • • ( • •• • go lbabt sob to}belb 0 e unit.Together with all tke hereditament,.and udyasrl nn«rr+therrasrho brlo«yiny or in enpoim ope.rh.inioy,to the..aid porJ?45.._.._._o/the Naomi part.Moir nssr,we•floe .urru+v«/insist;sidle.«art the heirs and assigns..f the sorrttor,Feret r, the maid mirth.of the avant purl Inking oo Point tenants and net se brawl*In foramen. 3n ZtgllnlanP Wined,The sold first party has roused thee laments to be extended in Us enarVvats tome by tis..Pa10r ratkbuct and dts..._.lt?1!.n.$gg..r____—uwd its eot p sate mat to / be hereunto mind the day end year Pet alma-ss.rifton. �•'�_OF._1:.DEN_PRAIRIE..,,.._......_........... • Its_Ranagcr • 9ta7. thwd_iiimr...,_. .u..4xh____,,,,....,,,. . ..... vi.;4..2—':-...-- . ...''''''.......',....,.........,......... . .. . .. .' . . • We.28 %wow$irama$..,.......0, tni5 Tinbenturt,.11odo this- kisses..iiarry..A.....Rogars..and..Evelyn...11.-Rogerr.,-MRAhAnd and,kej,gt. ( of thr Comfy of-- .Berincldn- isaac./..- Minnesota ..rd.2S iig the Ilea part,and_..O•ti...Pfglac.P...PP4;tiks..._a-..NR.4..C414 -- - X torporuilun oduhr Mc lows/Pi Our Muir of....----14innssote........—.porgy of Ihr sr.wad purl. Wilaftik Thal In,•eal 5a5t.ies ......4 thi;net Iasi,in innsidrratinsi of Oh..ffos of • One dollar and.other_good_and.Ralmable.consideration ..... .....XAUMMX. . to..............„theM---- .in hood raid iui at said l'utH!‘a/ihr...ma poi. Mc movie, arhsrsof is lunhy oil.ougrIni4.Vd.du...—hrniAy GrIali.2431141ill,0/44/UM.and Cronyy wag 11,,..,4 1,,,41,4 . thr...oaf purl.if,.....a and f1Wii114•riserer„Si!Uri Ins,t...ar worst-._al land lying and bring • in lie Cos idy of--—Rennertio—____..md.s.r.,r..1,1.ii iIIII,onto.strsrribrd os fat/Sara.lo-trii, '.•• • All that part of the Southeast Quarter (SE 1/4, of Section 20, Township ... 116, Range 22 West, described as follows: .. „ . Commencing at the northeast corner of the Southeast Quarter of said Section 20; thence south on the east line of said Southeast Quarter a distance of 436.30 feet to the point of beginning of a tract to be described; thence deflecting right 90 degrees 00 minutes 00 . • , . seconds 264.00 feet; thence deflecting left 90 degrees 00 minutes 00 -. seconds 3.00 feet; thence deflecting left 90 degrees 00 minutes 00 seconds 264.00 feet; thence deflecting left 90 degrees 00 minutes 00 seconds 3.00 feet to the point of beginning and there terminating. Subject to any and all easements of record. ( ... . • .. . •. .•. . . .•.. . ... .... te Odle al*In HIDE;ibt stmte.Together faith aU the larstlitunicitis and appurtenantee Mae. utile belonging or in anywise appertair.ing.to OM said party of the wend part,its IltOCCO4PS and assigns,Forever. •., •.• • I lilt ttliiiattaT Whereof. The said pari.iitf--af Ms first part luirlit.-.---licssusito set.-theirs-- •. ....•• ...... hand-skile day and yew lira unser written. . • , . . . . • •. .••• . .. . ., Harry 1;-nogeri-----. ---------- . .... .. Evelyn H. Rogers . . . . .• . • ,.. . . . .. . • ... ., . . . . ... Otatt of Atinnt5ota, 3 ... • ,... .• County of............-MRATEIV2in .. . . ThefonvoMghutrumerdwasmliwAukdodbdumom .., .. .. • M4.----dayot......---nr.0.- ,/91.11.____ •.. • Harry A. Rogers and Evelyn H. .• • by.,&smtry_t_husband and owwar Ponea....14.11 .. ,•. . llielan Public) Ilreamftve eh"Tab.A........1 .. .•. Nowa hal.15.55. ..— .:OW..lhah . ,. ..- .•• :. . .•' .. .. . . ., • . . .. ' . . - .• „ . . . . . . . . . . •• . . • . ...,- • EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS FIRST NATIONAL-800 LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS,MINNESOTA 55402 339-9291(AREA COOS 9121 March 18, 1980 The Mayor and The City Council City of Eden Prairie, Minnesota Re: Bond Issue Recommendations Park Bonds (475) $3,570,000 Water Plant Bonds (444.075) 4,000,000 Public Improvements - 1979 (429) 5,000,000 Public Improvements -1980 Resolution No. RESOLUTION RELATING TO $3,570,000 GENERAL OBLIGATION RECREATION FACILITY BONDS, $4,000,000 GENERAL OBLIGATION WATER AND SEWER BONDS AND $ IMPROVEMENT BONDS, SERIES 1980-1; PROVIDING FOR THE PUBLIC SALE THEREOF. • EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS FIRST NATIONAL-900 LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLt S,MINNESOTA 554O2 339.5291(AREA CODE 512• C • March 13, 1980 Mr. Roger Ulstad, City Manager Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Roger: At this writing, the legislature has not passed a bill modifying the maximum interest rates which would allow the city to market it's bonds. However, we expect action will soon be taken. Otherwise, Eden Prairie and others will simply have to stop their improvements. It is expected that legal transcripts will be in bond counsel's hands today after which Lynn Endorf will prepare resolutions for council action Tuesday evening. On his return from vacation and after we have the numbers sup- • ported by bond transcripts, Bill Fahey will be working on the financing Monday and Tuesday and will be on hand Tuesday evening to advise the council. • Very truly yours, • EHLE t t INC. 'fle . Eh rs • RLE/smj cc: John Frane • (A) �d� MEMO TO: Roger K. Ulstad, City Manager FROM: Ward F. Dahlberg, Manager Liquor Store SUBJECT: Proposed Municipal Liquor Store in Preserve Village Center DATE: March 13, 1980 In reviewing the sales projection of Jerry's Super Valu Store, and the homes in the area, it seems that we should explore more fully the lease terms in the Preserve Village Center. The liquor store sales at Prairie Village Mall are abou'� !of Penny's Grocery Store sales. It is reasonable to expect a liquo -.'ore in the Preserve Village Center to do the same percentage. Jerry's Super Valu Store projection are: 1981 $6,700,000 1983 $9,600,000 1982 8,000,000 1984 11,600,000 Using the 10% figure the liquor stores anticipated sales and financial projections are as follows: 1981 1982 1983 1984 SALES 670,000 800,000 960,000 1,I6O,OOO COST OF SALES 516,000 616,000 739,000 893,200 GROSS PROFIT 154,000 184,000 221,000 266,800 OPERATING EXPENSE 121,000 135,000 150,000 170,000 NET INCOME , 33,000 ) 49,000 71,000 96,800 The store size should be in the range of 4,500 sq. ft. to 6,500 sq. ft. in order to do the volume of business anticipated. The cost of fixtures, cash registers, beer cooler, carpeting, leasehold improvements to be approximately $45,000. Inventory costs about $50,000. 9/0 TO: Mayor and Council FROM: John Frane DATE: March 13, 1980 RE: Referendum for Municipal Liquor • If the City desires to continue its liquor operation, State Statutes require that a referendum question on the continuance of liquor operations be held withinoneyear of the effective date of a census establishing the population beyond 10,000 persons. The effective date of the 1980 census is April 1, 1980. The question could be submitted to the voters at the November 4th; 1980 election. • •