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HomeMy WebLinkAboutCity Council - 05/06/1980,) EDEN PRAIRIE CITY COUNCIL ( .SDAY, MAY 6, 1980/ /(\ COUNCIL MEMBERS:/ 7:30 PM, CITY HALL n Mayor Wolfgang Fenzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF: /1144r, o‘o \)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 )3kEDGE OF ALLEGIANCE I. APPROVAL OF AGENDA ANkITHER ITEMS OF BUSINESS II. MINUTES - A. Joint School Board/City Council Meeting held March 13, 1980 -B. Joint School Board/City Council Meeting held March 20, 1980 C. City Council Meeting held Tuesday, April 1, 1980 - P. City Council Meeting held Tuesday, April 15, 1980 _E. Special City Council Meeting held Thursday, April 17, 1980 III. CONSENT CALENDAR A.,----(le:olution No. 80-80, providing for the execution and delivery of $7,450,000.00 of Improvement Bonds Resolution No. 80-81, authorizing the issuance of $4,000,000.00 of General Obligation Water and Sewer Bonds Resolution No. 80-82, authorizing the issuance of S3e 570,000.00 of Recreation Facility Bonds D. Request to set a Public Hearing for Braun's Fashions, Inc. by Rauenhorst Corporation for June 3, 1980 E. Request to set a Public Hearing for Northmark East by Ban-Con for June 3, 1980 F. Request to set a Public Hearing for Northmark West by Ban-Con for June 3, 1980 G. Request to set a Public Hearing for American Family Insurance expansion rezoning for May 20,1980 H. Clerk's License List IvVind Reading of Ordinance Ho. 80-07, rezoning 4.89 acres for Norseman Industrial Park /Eh -Addition from Rural to 1-2 and developer's agreement ROLL CALL Page 1071 Page 1074 Page 1076 Page 1085 Page 1094 Page 1096 Page 1097 Page 1098 * Page 1099 Page 1100 Page 1101 Y. PAYMENT OF CLAIMS NOS. 1326 - 1521 0 AI 1..41 ,S/0911 A. Appointment of 1 member to fill an unexpired term on the Human 'Rights & Services Commission - term to expire 2/28/81 VII. REPORTS OF ADVISORY COMMISSIONS VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney Report of City Manager (i ..) Report of Director of Community Services VI. APPOINTMENTS Council Agenda - 2 - Tues.,Mey 6, 1980 2nd Reading of Ordinance No. 80-09, rezoning Phase 1, consisting of 15 acres from 1-2 and Rural to Office for the Minnesota Vikinos Training Facility and developer's agreement 2nd Reading of Ordinance No. 80-08, rezonino 9 acres from Rural to R1-13.5 for Sunset Trails by Countryside Investments, Inc. and v- developer's agreement ;iS.:;''1)4:Final plat approval, Garrison Forest 4th Addition (Resolution itcNo. 80-87) / 4.41 IV. PUBLIC -HEARINGS A y orthern States Power - Request for P.U.D. Development approval in order to construct an N.S.P. substation (Resolution No. 80-83) Rymarland Camp by Milt Ouam. Reouest to rezone 22 acres from Rural to R1-13.5 and preliminary plat 42 lots for single family affiRTEW homes. Located east of T.H. 101 and south of Hidden Ponds Second Addition Ordinance No. 80-10 and Resolution No. 80-90) C Cardarelle & Associates, Inc. Office, request to rezone .8 acre yr) from Rural to Office and setback variances. Located in the Major Center Area, east of Eden Road and west of Hwy. 169 at 8123 Eden Roa -(Ordinance No. 80-11) Page 1112 Page 1130 Page 1144A Page 1145 Request for Municipal Industrial Development Bond approval in the Page 1177 amount of $6,000,000.00 for the Minnesota Vikings Facility (Resolution No. 80-84) Page 1191 Fish Management Program (r. Request for authorization to obtain appraisal for Earl More house Request approval for authorizing plans and specifications for "figure skating" club room at Community Center as bid Alternate, Page 1195 Page 1196 Page 1197 Council Agenda 3 Tues.,May 6, 1980 Report of City Engineer 1. Appeal petition from The Preserve on decision of Board of Appeals 4 1 Adjustments on April 17. 1980 denying rear yard setback C("1 V4 variances for Lots 2 and 3, Block I, proposed Garrison Forest 4th Addition (Resolution No. 80-86) 2. Appeal petition from John D. Dougherty on decision of Board of 40, Appeals & Adjustments on April 17, 1980 granting building moving tr' 0 permit request No. M80-8 for Lot 1, Block 1, proposed Garrison Q.1 Forest 4th Addition (Resolution No. 80-85) 3,.../‘prove _plans and specifications and order bids for utility and street improvements in Norseman Industrial Park 4th Addition, I. C. 51-359 (Resolution No. 80-88) 4...e‘sider bids for street and utility improvements in Duck Lake Vista, I.C. 51-367, and Village Woods II. I.C. 51-362 (Resolution No. 80-89) 'Page 1198 Page 1215 Page 1230 Page 1231 F. Report of Finance Director /V 1. Discussion on Tax Increment Financing Page 1233 NEW BUSINESS ADJOURNMENT. • • M1NUIES JOINI SCHOOL BOARD/CITY COUNCIL MEETING MARCH 13, 1980 The Eden Prairie School Board and Eden Prairie City Council held a special joint meeting on March 13, 1980, starting at 8:00 p.m. in Room 410 of the Eden Prairie High School. Staff members dud visitors present: Staff Members Jack Greenawalt, Interim Supt. Oktrict # 272 Royer Ulstad, City Manager Merle Gamm, Dir. of Bus. Services School District Bob Lambert, City Staff Call to Order Visitors Gary Nybert, Smiley Blotter ASSOC. Mas Matsumoto, Smiley Blotter Assoc. Ernie Olin, Eden Prairie News Jan & Roger Luoma, Citizens (LWV) School District Chairperson, Jo Wigen, called the meeting to order at 8:00 p.m. Roll Call A Roll Call was taken that reflected all School Board members present except Gary J m, ...Irenwe iser and all City Council !neuters present except Paul Redpath. EstablishingLAgenda Chairperson, Jo Wigen, stated that to main topics for the agenda were: (1) Comilunity Center. (2) Park Sites. No other topics were added. Conmmnity_Center Jo Wigen initiated conversation by indicating that the School Board had a high desire tor establishing a communication vehicle that could approp- riately serve the needs of the School Board and City Council in planning and constructing the Community Center. Mayor Wolfgang Penzel thanked the School Board tor inviting and hosting the Joint Meeting. He reflected hope and Lonfidence that both governmental bodies could resolve any or all difficulties In the mutual satisfaction of both governmental units. He emphasized the importance of both governmental units communicating any and all concerns 'bout the Conmmnity Center so that resolution could be reached on all questions. Ilie Mayor further suggested that both governmental units permit the paid proli-,sionais work out recoumiended solutionS to any problems identified and then permit the respective hoards to react. /07/ Joint School Board/City Council Meeting-March 13, 1980 2 The architect; presented a preliminary drawing of the proposed Community Center. The architect emphasized that this preliminary sketch was not being recommended but Was only a plan originally presented to the city when the Committee was in process of seceting an architect. The Archi- tects emphasized that their instructions were to work through Bob Lambert. When presentations were to occur, the architects working through Bob Lam- bert would seek required approvals from the respective appropriate govern- mental units. The architects stated that they had a number of questions that must be answered, but the most crucial question was the determination of an agreeable site. There are many additional questions, but none of them can be answered until the site location is determined. John Lobben remarked that since the Community Center was being constructed for joint useage and sharing, it might be appropriate for a common body to be used to respond to and answer questions from the architect. David Osterholt stated that the elected bodies need to rely upon hired profes- sionals to review concerns and problems and should let the hired profes- sionals return to the respective boards when necessary for appropriate guidance. Some discussion ensued about the appropriate site with some individuals suggesting that the site might be north of 72nd street. Sidney Pauly stated that ;he felt it was important to keep the site east of the existing high school as originally discussed during the bond referendum since that's the location the public expects the building to be contructed. MOTION MADE BY WOLI GANG PENZEL AND SECONDED BY JOHN LOii8EN TO DIRECT THE RESPECTIVE GOVERNMLN1AL STAFFS TO PRESENT TO THE CITY COUNCIL AND SCHOOL BOARD VIABLE ALTERNATIVE SITE PLANS NO LATER TI1ADMARCH 20, 1980. MOTION PASSED. Lyle Shaw inquired of the School District's participation in future design- ing or planning of the Coununity Center as it affects the educational pro- gram of the school District. Wolfgang Penzel stated that the Liaison Conmittee that had been established, would meet at the end of the schematic design phase and thereafter as needed, but that they would not be asked to meet on a step-by-step basis. The Mayor also inquired if it would be appropriate to have another joint meeting on March 20, to receive the staff report as requested in the resolution. David Osterholt emphasized that the School Board should take the necessary time to be comfortable with the ultimate site location that evolves from the current study. Loren Irvine requested a list of advantages and disadvantages of each alternative site that is reviewed. Chairperson, Jo Wigen then confirmed that there would be another joint meeting on March 20, 1980, starting at 6:30 p.m. in Room 410 of the High School building. City/School_%ites Robert Lambert introduced the School/City Site subject by reviewing the history of the topic in Eden Prairie. Wolfgang Penzel stated that he felt the City Council's intention had already been physically demonstrated by the city having graded d school site at the Preserve. The existing pad reflects the city's intent to continue to cooperate on City/School sites. Currently, no' development has occurred at the Frani() Site. Current plans do call for a joint site at Frank) Road plus other locations. David Osterholt reported that historically the plan has been to develop school/park sites. Mr. Osterholt reflected concern however. when the city requests fill to help develop the Wen lake Site and the School District requests that such fill be purchased . Jo Wigen stated that there needs to be a clarification on 102 Joint School lioard,1 ity touncil Meeting-March 13, 1980 3 the "sale of till" because that Vici$ not the intent of the School District. Jack Greenawalt tlarified that there was never a discussiun that money would be eAchanged on sites. Mayor Penzel reported that perceptions differed. Council nkmibers hut perteived that the district was attempting to %ell fill to the city. Loren Irvine inditatvd that the School District Was interested in establish- ing, from the City council, their opinion regarding City/School Sites and requested the City council to place that intent in writing. Au time passes people change and memories fade, thertore, placing such Information in writ- ing would be helplul to bath the City Council and the School District. Rultuang Pencel said that the City Council had never placed the City/School tuoperdtive sae putoirom in d resolution but in affect it's an unofficial city polity to cooperate with the Schou! District on such matters. David Osterhult confirmed the appropriateness of placing such intentions in writing. Woittpuu Peutel further stated that if the School District has d long-range plan on schuul sit, !mat ions that it would be appropriate and helpful to intorm the city of pions so that the city could be better informed and more hellul in lucating future joint sites. He further stated the City Council would pass d resolution designating City/School Sites as Joint Sites. Woitqanq Petitel requested that Bob Lambert and Jack Greenawalt develop appropriate resolutions for the respective bodtes that would clarify the city's intent to provide land for schools on the joint park/school sites and fur the sihool it develop a resolution providing appropriate fill for the city at the tale Lden Site. WHIM MAUL Di WOt I hANh PUILLI. AND SWAM BY NORMAN FRIEDERICHS 10 ADJOURN Al 9:41 p.m. M01104 PASSED. 478 • MINUTES JOINT SCHOOL BOARD/CITY COUNCIL MEETING MARCH 20, 1980 The Eden Prairie School Board and Eden Prairie City Council held a special joint meeting on March 20, 1980, starting at 6:30 p.m. in Room 410 of the Eden Prairie High School. Call to Order School Board Chairperson, Jo Wigen called the joint City Council/ SLhool Board meeting to order at 6:40 p.m. Roll Call A Roll Call was taken that reflected all School Board members and City Council members being present except Lyle Shaw and David Osterbolt. Lyle Shaw arrived at 6:50 p.m. Site Location for Immunity Recreation Facility Superintendent, Jack Greenawalt distributed a report to the joint meeting membership outlining the charge of recommending a site location for the comounity recreation facility. He listed a number of assumptions that were made in analyzing the charge. He also provided an analysis of advan- tages and disadvantages of the alternative sites review. Dr. Greenawalt concluded by recomending Site B, which is located directly north of the new high school as the recomnended first choice. He also recommended Alternative C, which islocated between the new high school and the fire station close to Valley View Road as second choice. Alternative A which placed the facility within 100 feet of the east side of the new high school was his third choice. Dean Edstrom stated that if Alternative C was to be considered the architect might consider reversing the building, that is placing the swimming pool on the southeast side and the ice arena on the northwest side rather than as layed out by the architect. Wolfgang Penzel inquired what problems the city might have with LAWCON if the building was to be constructed on LOWCON property. Robert Lambert stated that an arena pool is a permitted facility on LAWCON property, but approval would be required. The architects were asked which site would be preferable to them, and they stated that after some review they felt Site C was a workable site, but it was the furthest from available utilities and could cost more money to construct. The mayor stated his preference to Alternative C even if it did cost more and did require a lift station. /07q Joint School Budrd/City Council Meeting, March 20, 1980 2 MOTION MADE BY PAUL REDPATH AND SECONDED BY GARY MOHRENWEISER THAT THE CITY COUNCIL AND SCHOOL BOARD JOINTLY SELECT SITE C FOR THE APPROPRIATE SITE LOCATION FOR THE COMMUNITY RECREATION FACILITY SUBJECT TO OBTAINING LAWLOR APPROVAL FOR '1ITE MODIFICATIONS AT AN EARLY DATE. MOTION PASSED. MOTION MADE BY GARY MOHRENWEISER AND SECONDED BY NORMAN FRIEDRICHS THAT THE SKOOL BOARD REVISE THE RESOLUTION PREVIOUSLY APPROVED BY THE SCHOOL BOARD FOR THE COMMUNITY RECREATION FACILITY DELETING THE WORDS "AND THAT IT BE LINKED TO AND LOCATED WITHIN 100 FEET OF THE NEW HIGH SCHOOL". MOTION PASSED. The revised resolution appears as follows: TO AUTHORIZE THE ADMINISTRATION 10 WORK OUT THE DETAILS FOR SELLING THE CITY UP TO 3!4 ACRES OF LAND AT 1111 ROUND LAKE COMPLEX FOR $1.00 WITH THE FOLLOWING STIPULATIONS: THAT THE ARCHITECT CONFIRM THAT SPACE IS AVAILABLE FOR A CAMPUS SITE. THAT THE STATE DEPARTMENT OF EDUCATION PROVIDE APPROVAL IN REGARD TO RULES AND REWLATIONS TO INSURE THAT SPACE IS AVAILABLE FOR A CAMPUS SITE. THAT THE SCHOOL DISTRICT HAVE FINAL APPROVAL THAT THE. FACILITY IS ESTHETICALLY AND FUNCTIONALLY COMPATIBLE TO THE NEW Huai SCHOOL. THAT THE FACILITY BE CITY-OWNED AND OPERATED. THAT THE SCHOOL DISTRICT HAVE THE FIRST OPTION OF USAGE ON ANY OF - THE FACILITIES WITH CHARGES TO THE SCHOOL DISTRICT BEING ON A COST RECOVERY AND MOST FAVORABLE BASIS. • THAT THE CITY BE RESPONSIBLE FOR THE COST OF RELOCATING ANY EXISTING IMPROVEMENTS DISPLACED BY THE BUILDING ON SCHOOL DISTRICT PROPERTY AT ROUND LAKE. MOTION PASSED. Chariperson, Jo Wigen suggested that the two Boards establish another joint meeting for the purposed of dtscussing the Valley View Road Litigation. Chairperson, Jo Wigen stated that the mayor and herself would select a date for that meeting. Meeting adjourned at 7:30 p.m. WIS UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL Cr.SDAY, APRIL 1, 1980 COUNCIL MEMBERS: COUNCIL STAFF PRESENT: 7:30 PM, CITY HALL Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath City Manager Roger Ulstad; City Attorney Roger Pauly; Director of Community Services Bob Lambert; Planning Director Chris Enger; City Engineer Carl Jullie, and Joyce Provo, Recording Secretary INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were removed from the regular agenda and placed on the Consent Calendar: VII. A. Appointment of 1 member to the Minnetonka Community Services Advisory Commission; VIII. A. Resolution No. 80-75, supporting approval of the Hennepin County F.A.U. project submittals for projects within the City of Eden Prairie for 1981 through 1983; VIII. C. Approve plans and specifications for traffic signal and road improvements at Co. Rd. I8/Anderson Lakes Parkway, I.C. 51-338 (Resolution No. 80-73); IX. D. 1. Creekwood Park; IX. D. 2. Community Center Site; and IX. E. 1. Request by Eden Hills Company for an additional extension of the time requirement for final approval for M.I.D.B.'s. MOTION: Osterholt moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES A. City Council Meeting held Tuesday, March 4, 1980 Pg. 1, 4th para., 1st line, strike "MEMBERS" and insert "STAFF"; Pg. 10, 7th para., 2nd line, strike "Commission" and insert "Company". MOTION: Redpath moved, seconded by Osterholt, to approve the minutes of the City Council Meeting held Tuesday, March 4, 1980, as amended and published. Motion carried unanimously. B. City Council Meeting held Tuesday, March 18, 1980 Pg. 6, 2nd para., 2nd line, strike "how the people are going to get in and out of the office building" and insert in lieu thereof "about the location of the driveway"; and in the 4th para., 1st line, strike "Reigert's" and insert "Riegert's". MOTION: Redpath moved, seconded by Osterholt, to approve the minutes of the City Council Meeting held Tuesday, March 18, 1980, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List ti Council Minutes - 2 - Tues.,April 1, 1980 B. Approve plans and specifications and order bids for improvements in Duck C. Resolution for T.H. 169 right-of-way dedication for permanent signal project at Co. Rd. 1 (Resolution No. 80-74) D. Set Public Hearing for Rymarland Camp 2nd Addition for May 6, 1980 E. Set Public Hearing for Cardarelle & Associates, Inc. Office for May 6, 1980 F. Request to reschedule Public Hearing for Minnesota Vikings for Municipal Industrial Development Bond approval in the amount of $6,000,000.00 from April 15, 1980 to May 6, 1980 G. Appointment of 1 member to the Minnetonka Community Services Advisory Board - Lorena Marks (formerly item VII. A.) HI Resolution No. 80-75, supporting approval of the Hennepin County F.A.U. project submittals for projects within the City of Eden Prairie for 1981 through 1983 (formerly item VIII. A.) I. Approve plans and specifications for traffic signal and road improvements at Co. Rd. 18/Anderson Lakes Parkway, I.C. 51-338 (Resolution No. 80-73) (formerly item VIII. C.) J. Creekwood Park (formerly item IX. D. 1.) K. Community Center Site (formerly item IX. D. 2) L. Request by Eden Hills Company for an additional extension of the time require- ment for final approval for M.I.D.B.'s - 3 month extension (formerly item IX. E. 1) MOTION: Edstrom moved, seconded by Redpath, to approve items A - L on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Viking Office & Traininq Facility b Condon/Naegele Realt or_pliD Concept approval or ice n ustr a uses on 73 acres an-d-PUFWVIEWITIRT --- stage approval, rezoning from Rural & 1-2 Park to Office for 15 acres, and preliminary plat approval (Resolution No. 80 - 64 PUD; Ordinance No. 80-09 - rezoning; and Resolution No. 80-65 - preliminary plat) John Worrall, Brauer & Associates, representing the Minnesota Vikings, spoke to the proposal, explaining at this time they are only asking the Council to consider concept and development stage approval of Phase 1 of the PUD consisting of 15 acres (lot 1 being approx. 4 acres, and lot 2 being approx. 11 acres), rezoning from 1-2 and Rural to Office, and preliminary plat approval. Worrell further added the proponents would like to receive approval for a land alteration permit prior to the 2nd reading of the ordinance so they can proceed with the Vikings site development. A grading plan was displayed of the site by Mr. Worrall and he noted that the proponents have appeared before the Nine- Mile Creek Watershed District and they have granted a grading permit subject to Council approval. 1077 Council Minutes - 3 - Tues.,April 1, 1980 A. Viking Office & Training Facility (continued) Grady Alderman, Minnesota Vikings, added they chose the site for the privacy It offered and have retained as much of the natural terrain as they could. City Planner Enger explained the Planning Commission first considered this Item on January 28, 1980,and the proposal was acted upon at the March 10, 1980 meeting. The Commission broke their recommendation into two parts - the first was the reconmendation to the City Council for approval of the preliminary plat of lots 1 and 2 shown as Phase 1, and approving the rezoning from Industrial Park and Rural to Office District for lots 1 and 2. The Planning Commission did ask that a detailed grading plan be submitted prior to City Council review and the Planning staff has had an opportunity to look at the detailed plan and find it very acceptable. The second part of the recommenda- tion by the Planning Commission was on the balance of the PhD - the Planning Commission felt the road system was not exactly what they wanted to see and that the site in terms of vegetation and grading could be treated a little bit more sensitively and asked that the proponent review this and return to the 'Planning Commission with changes. Enger spoke to the Staff Report dated February 20, 1980, specifically to the recommendations for rezoning and preliminary platting. Director of Community Services Lambert added the Parks, Recreation & Natural Resources Commission reviewed this proposal on March 17th and recommended approval of the rezoning and preliminary plat for the Vikings site, and also recommended the Council consider the question to return the balance of the PhD to the developer to consider recommendations as proposed in the Planning Staff Report. Penzel inquired as to what is to become of the lot that is presently called Lot 1 as there seems to be no use or plan for that. Enger replied he has seen in the development proposal they have a site plan for an office building shown. Mr. Alderman added they have an option on that lot because they don't know exactly where football is going and they may want to use it in the future. Penzel asked if the Vikings would commit to returning to the Commissions and the City Council prior to building permits for lot 1. Mr. Alderman responded in the affirmative. Osterholt questioned if approval were granted, when would the facility be ready for use? Mr. Alderman replied if they can get a land alteration permit, they may commence field work next week, and they hope to be able to use the athletic portion of the facilities this fall (September 1st) when the players break camp in Mankato. This would be the lower level of the locker area, exercise area and the fields. The office part, if it is ready, they will move In, and if it is not they would wait until 1981. Jason Hallonquist, 10856 Hyland Terrace, member of the Cub Scout Pack in attendance at the Council meeting, asked if it would be possible for people to watch the Vikings work out. Mr. Alderman replied that has not been decided and the man that makes that decision is Bud Grant, Coach of the Minnesota Vikings. It is Alderman's feeling if the Vikings have training camp in Eden Prairie the public will be permitted to come into the training camp, however, after they get into the regular season and regular game preparation, practices will be closed. Marcella Smetana, who lives across the creek, asked what is going to happen to the woods that are remaining east of Smetana Lake. Penzel replied the recommendation presently is not to make any approvals on that portion of the western most portion of the site, and even if those were acted upon the present ea or000sal is to leave the existina trees essentially undisturbed. Council Minutes - 4 - Tues.,April 1, 1980 A. Viking Office & Training Facility (continued) MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 80-64, granting PUD Concept and Development Stage approval on Phase 1 consisting of lots 1 and 2 for the Minnesota Vikings Office & Training Facility. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to give a 1st Reading to Ordinance No. 80-09, rezoning Phase 1 consisting of 15 acres from 1-2 and Rural to Office. Motion carried unanimously. MOTION: Edstrom moved, seconded by Pauly, to adopt Resolution No. 80-65, approving the preliminary plat. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to direct Staff to draft a developer's agreement incorporating the recommendations of the Staff Report dated 2/20/80 and the Planning Commission and Parks, Recreation & Natural !Resources Commission recommendations. Further that staff be authorized to issue the grading permit as requested by the proponents. Motion carried unanimously. B. Tudor Oaks by ABIO Holdings, Mn.,Inc. Development stage approval of the PUD to include preliminary platting of 44 acres into 3 lots and 2 outlots (Resolution No. 80-66) City Manager Ulstad explained the proponents are not able to be present this evening and the request is for preliminary plat approval only as the property is already zoned. City Planner Enger added Mr. Brauer, Brauer & Associates, presented the proposal before the Planning Commission and he is out of town at the present time and unable to attend the Council meeting. Mr. Brauer did know this item was on the agenda but did not make any arrangements to have a representative attend the Council meeting. Council expressed concern that the proponents were not represented to explain their reasons for the preliminary plat request, especially since the proponents knew three weeks ago this item was published for a public hearing. Enger explained the project is to be sold now as condominiums and the care facility is not to be carried as part of the life care philosophy as originally planned. It would be a condominium situation where there are now apartment units, and the life care portion of it would be operated by the Ebenezer Foundation and would be subcontracted completely separate. Enger added this request was considered at the March 10th Planning Commission meeting and the Commission recommended to the City Council approval of the preliminary plat dated December 15, 1979 as per the Staff Report dated February 21, 1980 and the recommendations of the MN/DOT letter dated February 27, 1980. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 80-66, approving the preliminary plat for Tudor Oaks dated December 15, 1979 as per Planning Commission's recommendations including the dedication and variances requested. Motion carried unanimously. C. Watermain, street and storm drainage improvements on W. 74th Street, Norseman Industrial Park, I.C. 51-359 (Resolution No. 80-79) City Engineer Jullie spoke to the feasibility report with staff recommendation that the Council consider ordering in the improvements at a estimated cost of 1358,000 for the new improvements, with assessments spread over 17 years at an Ine Council Minutes - 5 - Tues.,April 1, 1980 C. Watermain, street and storm drainage improvements on W. 74th Street (continued) Interest rate to be addressed sometime later because of the uncertainty of the bond market. Jullie added if the Council orders in the improvements, bids 'would be opened in June and construction completed this fall. There was general discussion about the inclusion of the single family parcels within the assessment limits. Staff was directed to research this question and report back to the Council as to inclusion of these properties at a future public hearing. Jullie explained he has met with Mr. Bill Pearson, owner of the property to the south, and Mr. Pearson has indicated that the proposed storm sewer Improvements and drainage pond connections are reasonable. Mr. Pearson confirmed the statement made by Jullie. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 80-69, ordering watermein, street and storm drainage improvements on W. 78th Street extended, Norseman Industrial Park 4th, I.C. 51-359. Motion carried unanimously. D. Vacation of excess right-of-way along W. 78th Street abutting Rosemount, Inc., property (Resolution No. 80-70) MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 80-70, vacating excess right-of-way along W. 78th Street abutting Rosemount, Inc. property. Motion carried unanimously. E. Vacation of drainage and utility easements along lot lines, Garrison Forest 2nd Addition (Resolution No. 80-71) City Engineer Jullie spoke to Resolution No. 80-71, recommending the Council consider approval of the vacation subject to the preliminary plat approval for Garrison Forest Fourth Addition. Penzel asked if the people who presently have homes along Garrison Way know there is consideration being given on the shifting of lot lines. Ulstad replied The Preserve will be appearing before the Board of Appeals & Adjust- ments regarding a permit for moving a house and for rear yard variances and at that time the abutting property owners will be notified. Enger added in addition when the preliminary plat was considered by the Planning Commission on March 24th, notices were also sent to abutting property owners. Edstrom asked if there is any work that needs to be done to Anderson Lakes Parkway. Jullie replied The Preserve did a substantial amount of grading along the outlots and improved the sight distance. If a profile were run of the center line going through the engineering calculations for sight distance, it does meet the minimum requirements. Jullie commented until Anderson Lakes Parkway is ungraded, there won't be any additional work done. MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 80-71, vacating drainage and utility easements along lot lines of Garrison Forest 2nd Addition subject to the preliminary plat approval for Garrison Forest Fourth Addition. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 1001 - 1139 MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos. 1001 - 1139. Roll Call Vote: Redpath, Edstrom, Osterholt and Penzel voted "aye"; Pauly "abstained". Motion carried. IOW Council Minutes • 6 - Tues.,April 1, 1980 VI. REPORTS OF ADVISORY COMMISSIONS No reports. APPOINTMENTS A. Appointment of 1 member to the Minnetonka Community Services Advisory Commission This item was moved to the Consent Calendar (III. G.). VIII. ORDINANCES & RESOLUTIONS A. Resolution No. 80-75, supporting approval of the Hennepin County F.A.U. project submittals for projects within the City of Eden Prairie for 1981 through 1983 This item was moved to the Consent Calendar (III. H.). B. Resolution No. 80-67, approving the preliminary plat of Garrison Forest 4th Addition MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 80-67, approving the preliminary plat of Garrison Forest 4th Addition. Motion carried unanimously. C. Approve plans and specifications for traffic signal and road improvements at Co. Rd. 18/Anderson Lakes Parkway, I.C. 51-338 (Resolution No. 80-73) This item was moved to the Consent Calendar (III. I.). IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Councilman Edstrom brought the Council up-to-date on pending legislation on hazardous waste before the Legislature. 2. Mayor Penzel reported on the status of the Tax Bill presently being considered at the State Legislature. B. Report of City Attorney No report. C. Report of City Manager No report. D. Report of Director of Community Services I. Creekwood Park (continued from March 18, 1980) This item was moved to the Consent Calendar (III. J.). 2. Community Center Site This item was moved to the Consent Calendar (III. K.). VII. I03/ Council Minutes - 7 - Tues.,April 1, 1980 3. Homeward Hills Park Grading/Ownership City Manager Ulstad explained City Staff had hoped the developer's agreement for Bluff's West 3rd Addition would be signed by Hustad by this evening and could be considered for final approval. However, Hustad's did not sign the agreement. Ulstad added the Director of Community Services did take bids on Homeward Hills Park and told the bidders prior to opening that we were having some difficulty acquiring the property, so the bids have not been opened which was done indifference to the protection of the bidders. Hopefully this week City Staff will be meeting with the Hustad people. Director of Community Services Lambert felt that a requirement ought to be made prior to the storm water system being put in for Bluff's West 2nd Addition - either a temporary holding pond that fits in with the park or else pipe it all the way down to where it is going to go. MOTION: Edstrom moved, seconded by Redpath, to reject all bids at this point, and that this item be brought back to the Council on April 15th at which time hopefully the storm water drainage situation will be satisfactorily resolved. Motion carried unanimously. 4. Award Bids for Construction Equipment Lease MOTION: Osterholt moved, seconded by Redpath, to -award the bids to the lowest responsible bidders: Valley Equipment Company in the amount of $8,775.00 for a medium dozer for 3 months, and Case Power & Equipment Company in the amount of $3,240.00 for a bobcat for 3 months. Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. 5. M.A.C. Lease for Flying Cloud Ballfield Expansion Director of Community Services Lambert spoke to his memo dated March 27, 1980, adding all of MAC's leases are pretty similar as far as their termination terms are concerned. Penzel suggested staff talk to Mrs. Suel and Mrs. McCloskey, members of the Metropolitan Airports Commission, regarding the $225.00 a year rental charge to Eden Prairie for the Flying Cloud Ballfields. MOTION: Redpath moved, seconded by Edstrom, to approve the M.A.C. lease and direct staff to negotiate the $225.00 a year rental fee. Motion carried unanimously. 6. Flying Cloud and Staring Lake Park Bids City Manager Ulstad requested that this item be continued as checking is being done on the title of the property which should be completed by the April 15th Council meeting. MOTION: Osterholt moved, seconded by Edstrom, to continue this item to the April 15, 1980 Council meeting. Motion carried unanimously. Ion Council Minutes - 8- Tues„April 1, 1980 7. Report on Restoration Study of Grill House - Foster Dunwiddie Carol Hone, Chairperson of the Historical & Cultural Commission, introduced Foster Dunwiddie, who spoke to the Historic Preservation Feasibility Study of the Cummins-Grill House dated December 20, 1979, which was prepared by his firm (Miller-Dunwiddie-Architects). Mr. Dunwiddie concluded that the Cummins-Grill House, in his opinion, is eligible for nomination to the National Register of Historic Places based upon its local significance in the areas of Agriculture and Exploration/Settlement. In summary, Mr. Dunwiddie explained the house dates from 1879 with a major addition having taken place about 1910. They found that the house was structurally sound and much of the historic fabric is in tact and it can be restored. As far as priority, it would first be the replacement of the roof which would run between $23,700 - $26,100, and the stablization of the exterior walls - particularly the east wall of the kitchen. Director of Community Services Lambert commented he would be comfortable moving on this item if it was already approved as an historic site as he would hate to see the City put a lot of money into it and not have it qualify. Mr. Dunwiddie replied there is a quick way of checking this and that is to ask the State Historical Office to send out one of their staff to take a look at the house. The advantages from the standpoint of the City having the site on the National Register is there are available both State and Federal funds which come through the State Historic Preservation Office - Grants Comittee. The Federal funds are only available to sites that are on the National Register of Historic Places. The State funds are available to sites which are on State inventories and are considered historic from a statewide stand- point or local standpoint Mr. Dunwiddie further noted Eden Prairie has an advantage, and that is the State Grants Review Board does give priority to cities that have municipal heritage preservation commissions. They tend to feel that in that instance there is better control over the funds and the projects are more readily completed. However, if the City were to go ahead and restore the roof, those funds would. not be counted as matching funds. Osterholt suggested that an inquiry be made to the Vo-Tech School as to their interest in the roofing and brick work which needs to be done on the Cummins-Grill house. 1 Pauly asked how the Cummins-Grill house is perceived in relationship to other homes in Eden Prairie. Ms. Hone replied the Douglas - More house is certainly a better consideration; however, the plus on the Grill house is the City already owns it. Chairperson Hone added she doesn't think two historical houses in a City the size of Eden Prairie are too many. 1033 Council Minutes - 9 - Tues.,April 1, 1980 7. Report on Restoration Study of Grill House - Foster Dunwiddie (continued) Ms. Hone added she is not sure the Cummins - Grill house should be a museum but would like to see it restored and maybe used in some way as an historic site. In the case of the Douglas - More house, Hone felt it could be used as a museum as it is architecturally more Interesting and needs very little work. The City does have a letter in its possession from the More's inviting the City's interest in the Douglas house which includes a lifetime residency for the More's. MOTION: Osterholt moved, seconded by Redpath, to instruct Staff to contact the State Historical Preservation Office to have the Cummins - Grill house examined and its likelihood for acceptance to the National Register determined,with Staff to come back to the Council with a plan of financing on the immediate needed improvements. Further that Staff be authorized to enter into negotiations with the More's for a means of securing the Douglas house. Motion carried unanimously. 8. Hidden Ponds Park negotiations Director of Community Services Lambert spoke to his memo dated March 28, 1980. MOTION: Osterholt moved, seconded by Edstrom, to authorize staff to negotiate an option on the Hidden Ponds Park site based on report dated March 28, 1980. Motion carried unanimously. E. Report of Finance Director 1. Request by Eden Hills Company for an additional extension of the time requirement for final approval for M.I.D.B.'s (Extension: 3 months to July 1, 1980) This item was moved to the Consent Calendar (III. L.). X. NEW BUSINESS •• A. Mayor Penzel referred to an article which appeared in the Minneapolis paper. March 29, 1980, indicating the Metropolitan Council has approved the construction of a bridge and freeway ramps on Interstate #494 and Valley Creek Road in Woodbury (St. Paul). Penzel suggested City Manager Ulstad find out from the Highway Department whether there is private participation in the cost of this improvement and if there is not, why this particular shopping center merits such improvement when our shopping center, which is 4 or 5 years older, has been refused such consideration consistently. B. Mayor Penzel requested City Manager Ulstad to put in a memo form to all Commissions/Boards normally authorized expenditures and what is not, i.e. what would require Council concurrence prior to expenditure. Redpath added he would like to see the budgets for the Commissions/Boards and what the money Is to be used for. XI. ADJOURNMENT MOTION: Redpath moved, seconded by Osterholt, to adjourn the Council meeting at 10:17 PM. Motion carried unanimously. /ON UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL ( JESDAY, APRIL 15, 1980 COUNCIL MEMBERS: COUNCIL STAFF PRESENT: 7:30 PM, CITY HALL Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath City Manager Roger Ulstad; Director of Community Services Bob Lambert; Planning Director Chris Enger; City Engineer Carl Jullie; Finance Director John Frane; and Joyce Provo, Recording Secretary INVOCATION: Councilmen Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Director of Community Services Lambert requested that the following item be added as VII. D. 5. Request by architects for a special meeting with the Council to review the'sketch plans of the Community Center. MOTION: Redpath moved, seconded by Edstrom, to approve the agenda as amended and published. Motion carried unanimously. II. CONSIDERATION OF THE SALE OF $3,570,000.00 RECREATION FACILITY BONDS; $4,000,000.00 GENERAL OBLIGATION WATER AND SEWER BONDS; AND $7,450,000.00 IMPROVEMENT BONDS (Resolution No. 80-76) Mr. Robert Ehlers, Ehlers & Associates, spoke to the one bid received and recommended the City accept same. (Bid Summary Sheet attached as part of minutes) Ehlers felt the interest rate received is a competitive rate. - MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 80-76, awarding the sale of $15,020,000.00 General Obligation Bonds at the net interest rate of 8.2925% to Bancnorthwest, Minneapolis, et. al. Roll Call Vote: Osterholt, Edstrom, Pauly, Redpath and Penzel voted "aye". Motion carried unanimously. III. CONSENT CALENDAR A. Approve plans and specifications and order bids for utility and street improvements, Cardinal Creek 2nd Addition, I.C. 51-376 (Resolution No. 80-79) B. Request by Northern States Power for the Council to set a Public Hearing for May 6, 1980 for consideration of 345/115 kv Transmission Lines & Substation Development in Eden Prairie through the Early 1990's MOTION: Redpath moved, seconded by Osterholt, to approve items A and B on the Consent Calendar. Motion carried unanimously. Kin Council Minutes - 2 - Tues„April 15, 1980 IV. PUBLIC HEARINGS A. Gonyea PUD by Gonyea Investment. Request for PUD Conce$t approval for nmnflum density residential, elderly housing, offices and restaurant uses on 37 acres. Located in the N.E. corner of T.H. 5 and Co. Rd. 4. (Resolution No. 80-43) Continued from 3/18/80 Howard Dahlgren, Howard Dahlgren Associates, representing the proponents, explained they have met with City Staff members and appeared before the Commissions as directed by the City Council on March 18th. The Parks, Recreation & Natural Resources Commission unanimously adopted the plan, and the Planning Commission endorsed the plan on a 4 - 2 vote. The proponents have taken out the Burger King and there will be no fast food restaurants In the development - they now have two restaurants, 4 office sites, an elderly housing site, and single family development to the north. Further the proponents have worked with City staff on the drainage details and will dedicate 9 acres of land for the ponding and will construct the pond according to the elevations that have been worked out with City Engineer Jullie; worked with the neighbors who like the single family development to the north; discussed the driveway situation with the neighbor to the east and how the trail system will tie into an extension of the trail system to the east down the drainage grade as part of the whole drainage solution. C. John Uban, Howard Dahlgren Associates, showed graphics indicating the trailway which is proposed, the road system and the ponding area. Planning Director Enger stated the proponents appeared before the Planning Commission on April 15th and the Commission recommended approval of the project as presented to the Council subject to the road improvement proceeding the development. Enger commented additional information has been received from Hennepin County whereby they have provided an additional proposed Improvement to County Road 4 - keeping the signals at the location they are in now on the existing islands, enlarging the islands on the north side, and allowing for the enlarging of radiuses of the free right-turn lanes on Highway 5 toward the west and off of Highway 5 toward the north. The County would also provide four lanes of traffic flow with protected left-turn lanes, right-turn lanes and acceleration lanes in the location of the Prairie Village Mall and the Gonyea proposal. This would provide for stacking of approximately 3 cars within the left-turn lane itself with overflow stacking which would be used into one of the through lanes. Hennepin County feels they could include this as a later phase of the Valley View Road improvement and participation by Hennepin County is anticipated. City Engineer Jullie added the County has indicated in a preliminary estimate we are probably looking at a project total of about $400,000, and they suggested the County would program it for next year's construction. The County suggests that the City would have to consider assuming about half the cost of the project. In some manner, special assessments or State Aid, the City would be looking at about $200,000 as the City's share of the project cost. Director of Community Services explained the Parks, Recreation & Natural Resources Commission reviewed the proposal at their last meeting and were impressed with the trailway as outlined by the proponents and recommended approval. General discussion took place regarding the traffic situation and the problems which could occur. Penzel commented the request before the Council this evening Is for PUD Concept approval, and the traffic concerns will be addressed further as the preliminary platting and zoning are considered. Council Minutes - 3 - Tues.,April 15, 1980 A. Gonyea PUD (continued) MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and adopt Resolution No. 80-43, granting the request for PUB Concept approval for medium density residential, elderly housing, offices and restaurant uses, Gonyea PUD by Gonyea Investment, as described in brochure dated April, 1980. Redpath, Edstrom, Pauly and Penzel voted "aye", Osterholt voted "nay ". Motion carried. V. PAYMENT OF CLAIMS NOS. 1141 - 1325 Council members encouraged staff to purchase supplies from local businesses. MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims Nos. 1141 - 1325. Roll Call Vote: Osterholt, Redpath, Edstrmm, Pauly and Penzel voted "aye". Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS No reports. VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Councilwoman Pauly - Scoping Report from the T.H. 212 Citizens Advisory Committee. Councilwoman Pauly spoke to the recommendations of the TH 212/169 Citizens Advisory Committee on the proposed scoping report for TH 212/169 prepared by Mn/DOT. Communications dated March 17 and April 3, 1980 to Mn/DOT are attached as part of minutes which outline the recommendations of the committee. Pauly added the Council will be receiving copies of the scoping document shortly. Pauly further commented this might be the time for the Council to think about the possibility of putting the north Red Rock section on the Guide Plan. No action necessary. 2. Councilman Redpath - Cable TV Councilman Redpath asked if the Council would concur with the proposal he will be making before the executive committee for Cable TV that a Saturday session be held with Council members invited, allowing each television company 45 minutes to respond to the written bids - with no slide presentations. Council members concurred with Redpath's proposal. B. Report of City Attorney No report. C. Report of City Manager I. Request to advertise for bids for Two-Way Radio Equipment to be received May 14 and presented to the Council on May 20, 1980 for consideration City Manager Ulstad referred to the communication received from Mr. DuBois, Communications Manager for Hennepin, and the system design Mr7 Council Minutes - 4 - Tues.,April 15, 1980 1. Request to advertise for bids for Two-Way Radio Equipment to be received May 14 and presented to the Council on May 20, 1980 for consideration (continuedj and procurement specifications for the new City of Eden Prairie Municipal two-way radio network. MOTION: Osterholt moved, seconded by Redpath, to authorize staff to advertise for bids for two-way radio equipment to be received May 14 and presented to the Council on May 20, 1980. Motion carried unanimously. Revised plans from Hennepin County on the Crosstown project City Manager Ulstad referred to the revised plans received from Hennepin County on the Crosstown project, noting one of the major changes is the request by Hennepin County to eliminate in the Council's considerationond/or approval the bridge across Highway #494. There is no change in the realignment - there is a change in grade as you go east down to Rowland Road. Ulstad asked if the Council would like to hold a Public Hearing and invite all the people from that area, or direct the Planning Commission to hold the Public Hearing. Council members felt the Public Hearing should be held before the City Council. D. Report of Director of Community Services 1. Homeward Hills Park Grading/Ownership/Bids MOTION: Osterholt moved, seconded by Redpath, to reject the bids for Homeward Hills Park grading as per staff recommendation. Motion carried unanimously. 2. Flying Cloud and Staring Lake Park Bids Director of Community Services Lambert requested the Council consider accepting the low bid and authorizing the City Attorney to draft a contract with Brown & Cris allowing the City the flexibility of awarding one phase at a time. MOTION: Osterholt moved, seconded by Redpath, to award the bid to the low responsible bidder, Brown & Cris, in the amount of $74,477.60, and direct the City Attorney to draft a contract with Brown & Cris allowing the City the flexibility of awarding one phase at a time. Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. 3. Janke Property Appraisal Director of Community Services Lambert spoke to his memo dated April 10. 1980, whereby Mr. Janke would sell his property at 8515 Timber Trail for $117,500.00, the appraised fair market value. Mr. Janke would further like the Council to consider allowing him to live on the premises rent free until the end of the year. Council members couldn't accept nor justify the price of $117,500.00, however, might be interested in the property at a lesser figure. 2. at Council Minutes 5 Tues.,April 15, 1980 4. Hidden Ponds Option MOTION: Osterholt moved, seconded by Redpath, to accept the recommendation of Director of Community Services Lambert to enter into a purchase agreement for $150,000.00 for the Hidden Ponds Park site. Motion carried unanimously. 5. Request by architects for a special meeting with the Council to review the sketch plans of the Conniunity Center Mayor Penzel explained the School Board has invited the Council to a joint meeting on Thursday, April 17th at 6:30 PM, regarding Valley View Road, i.e., timing and location of overpasses, abandonment of West 72nd Street, signalization and/or signage at the Hares Way intersection. The second thing the School Board would like is to see the preliminary schematic plans of the Community Center which the architect is prepared to present. Mayor Penzel, with the consent of the Council, called a Joint Meeting with the City Council/School Board to be held at 7:00 PM, April 17th, for discussion on Valley View Road, with a Special City Council meeting to be held at 7:30 PM to review the 1st Phase schematic plans of the Comunity Center. Director of Community Services Lambert added if the-Council approves the 1st Phase on Thursday evening, the architects would like authorization to go on to the next phase - the design development phase. MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-53, awarding the bids for Stage I Improvements on Valley View Road, I. C. 325, Haws Way, I.C. 325A, Site Grading at Round Lake Road, I.C. 3258, and Landscape Planting, I.C. 325C, to the low responsible bidder, Brown & Cris, Inc., in the amount of $673,570.55, subject to the signing the Tax Bill by the Governor. Roll Call Vote: Osterholt, Redpath, Edstran, Pauly and Penzel voted "Aye. Motion carried unanimously. VII. NEW BUSINESS No "New Business". VIII. ADJOURNMENT MOTION: Redpath moved, seconded by Osterholt, to adjourn the Council Meeting at 9:20 PM. Motion carried unanimously. ion • SALE: $15,020,000 GENERAL OBLIGATION City of Eden Prairie, Minnesota Tuesday, April 15,1980 Bonds of held on at 5:00 o'clock P BID ./ , NET INTEREST COST $ NET INTEREST RATE ___ Account Manager : CONTINENTAL ILLINOIS NAT'L BANK A TRUST CO., CHICAGO THE FIRST NATIONAL BANK OF CHICAGO, CHICAGO Account Members: Bank of Oklahoma, N.A., Tulsa Bear Stearns & Company, New York A.G. Becker, Inc.,Chicago Clayton Brown A Assoc., Chicago Chemical Bank, New York First Pennco Securities, New York Drexel Burnham Lambert Group, Inc. N.Y. Mercantile Trust Company, N.A., N.Y. L.F. Rothschild, Unterbert, Towbin N.Y. Van Kampen Filkin & Merritt, Inc.,Chicago Southeast First Nat'l Bank of Miami, Miami Weeden and Company, Inc., San Francisco Bevill Bresler & Schulman, Newark, NJ Prescott, Ball and Turban, Cleveland U.M.I.C., New York The Chicago, Corp., Chicago LaSalle National Bank, Chicago National Boulevard Bank of Chicago Blunt Ellis & Loewi, Inc., Milwaukee Stern Brothers & Company, Kansas City, MO BID I , NET INTEREST COST $ INTEfiEgT-RATE Account Manager :CITIBANK, N.A., NEW YORK • Account Members :The First Boston Corporation, New York Lazard Freres & Co., Inc., New York Matthews & Wright, Inc., New York . e.:!" BID I , NET INTEREST COST $ 1q/ 9r7; NET INTEREST RATE / . . Account Manager: BANCNORTHWEST, MINNEAPOLIS BACHE HALSEY STUART SHEILDS, CHICAGO THE NORTHERN TRUST COMPANY, CHICAGO JURAN & MOODY, INC., ST. PAUL Account Members: American Nat'f Bank, St. Paul Dougherty Dawkins Strand & Ekstrom, Inc., Mpls. Cronin & Marcotte, Inc., Mpls. J.P. Holdahl & Assoc., Inc., Mpls. Kidder Peabody & Co., Inc., Chicago Miller & Schroeder Municipals, MIAs. Merrill Lynch White Weld Capital Moore Juran & Company, Inc., Mpls. Markets Group, Mpls. Robert S. C. Peterson, Inc., Mpls. Paine Webber, Jackson & Curtis, Mpls. Security Corporation of Iowa Carleton D. Beh Co., Mpls. Charmer Newman Securities, Chicago -IN ASSOCIATION WITH - (on back) •Dean Witter Reynolds, Inc., Molt. BID 0 NET INTEREST COST $ Account Manager: MORGAN GUARANTY TRUST COMPANY OF NEW YORK, NEW YORK SALOMON BROTHERS & ASSOCIATES OF NEW YORK, NEW YORK Account Members EHLERS AND ASSOCIATES, INC. Financial Consultants 507 Marquette Avenue Minneapolis, Minnesota 55402 NET INTEREST RATE April 3, 1980 Minnesota Department of Transportation District 5 2055 Golden Valley Road Minneapolis, MN 55422 ATTN: Mr. Bob Paine Dear Mr. Paine: Please be advised that the T.H. 212/169 Citizens Advisory Committee has reviewed the final draft of the Scoping Report and has adopted the following resolution in response to it. Be It Resolved that the T.H. 212 Citizens Advisory Committee endorses the Seeping Report for T.H. 212/169 with the following qualification: The report does not adequately address the transportation, social and environmental issues involved in the Mitchell Lake alternative. The Committee is of the opinion that these issues are of a magnitude to warrant eliminating the Mitchell Lake alternative from the EIS. Virytruly yours, ChairniAn T.H. 212/169 Citizen Advisory 'Committee EG:bh Jegt March 17, 1980 Mr. Robert Paine MINNESOTA DEPARTMENT OF TRANSPORTATION Transportation Building St. Paul, MN 55155 Dear Mr. Paine: The Eden Prairie members of the TN #212 Citizens Advisory Committee have reviewed the proposed soaping report for TH 212-169 prepared by MN/Dot. We cannot support the recommendation to further study the Mitchell Lake route. After consideration of the various locations for the future TN #212 freeway through Eden Prairie we have arrived at a definite preference. We have considered traffic movement, residential and business impact, environmental concerns and cost of both construction of the facility and supporting traffic carriers and right of way acquisition costs. After considering these various factors, we have chosen the System "D" corridor east of County Road # 4 coupled with the Riley Lake north corridor west of County Road # 4. This system "0" corridor should be modified by moving it northerly where it crosses County Road # 4 so that the impact on the school pond and Red Rock Lake low- lands can be minimized. As a second choice we feel that the TH #5 residential route coupled with Riley Lake north route would be the next most feasible location. -We have chosen these two routes as those to recommend further study on for the following reasons: 1. The preferred route allows the most direct movement 'through Eden Prairie with the least disruption of existing roadway systems. 2. This route provides the least disruption of residences and businesses and the least right of way acquisition cost because the corridor has been somewhat reserved since adoption of the 196S guide plan. • S. It leaves the TH #5 system still workable, which provides a valuable link between the Eden Prairie Center and Chanhassen. 4, This route does not disrupt the industrial and commercial businass along TH #5 and does not require construction of frontage roads along the TH #5 corridor which would eliminate a major amount of Eden Prairie industrial and commercial business and about ten homes. Mr. Robert Paine Page 2 5. This route provides the least impact to the residential neighborhood seat of the tracks and north of the school. 5. Construction cost and right of way acquisition cost for this routs is several million dollars less than other alternatives. 7. The preferred route eliminates the major disruption of the Mitchell Lake area required by construction of a freeway and frontage roads through this environmentally sensitive area. TM #5 Mitchell Lake route will, in our opinion, require extreme disruption of both the lake and the lowland north of the lake because of the need to provide frontage roads which will be needed to accomodate local movement between Chanhassenond Eden Prairie. 6. As a ascend choice, TN #4 Residential will require acquisition of the homes east of the tracks which will be made unmarketable if either TN #5 Mitchell Lake or TN #5 Industrial are used. The TN #5 residential route requires less disruption of industry and business than either TH #5 Mitchell Lake or TN #5 Industrial. 9, The north Riley Lake routs provides relatively easy acquisition and is the preferred route through Chanhassen. This route can be used with either of the two routes recommended previously. -* For these reasons the Eden Prairie members of the TN #212-169 Citizen Advisory Committee strongly recommends that further study be made on the System 80° corridor modified at TN #4 and the Riley Lake north alignment as a preferred route and TN #5 Residential as second choice alternative for TN 012 through Eden Prairie. we respectfully request that the draft scoping report prepared by MN/Dot be changed to eliminate the recommendation for further study of the Mitchell Lake route because /tie an unacceptable alternative which should be eliminated from Further consideration. Submitted by: Eden Prairie members of the TH # 212-169 Citizens Advisory Committee 1°(43 Vera UNAPPROVED MINUTES SPECIAL MEETING - EDEN PRAIRIE CITY COUNCIL Following meeting with School Board at 7:00 P.M. THURSDAY, APRIL 17, 1980 EDEN PRAIRIE HIGH SCHOOL COUNCIL PRESENT: OTHERS PRESENT: Mayor Penzel, David Osterholt, Dean Edstrom, Paul Redpath Bob Lambert, Director of Community Services; Has Matsumoto Gary Nyberg, Smiley Glotter Architects; Dave Anderson, Jerry Wigen, Don Opheim Mayor Penzel called the meeting to order at 8:05 P.M. Penzel commended the Community Center Committee and the architects for their work. Penzel and Lambert expressed their concerns over the school using the back entrance for their Physical Education Program, as this would limit staff control of who is In the facility. CMterholt suggested that this he addressed if it becomes a probelm. Fenzel expressed concern about the size of the deck area. Burette reported that the 7' width had been discussed by the committee. and is adequate. NOTION: Redpath moved to authorize the architect to proceed to the design and development stage. Seconded by Osterholt, motion passed unanimously. NOTION: Redpath moved to rescind the contract and authorize the architect to include the design for wading pool and deck,. community meeting room and racquetball courts to complete the concept, and proceed withthe design development stage. Seconded by Edstrom, motion passed unanimously. Meeting adjourned at 8:15P.M. Respectfully Submitted, Marlys Dahl Recording Secretary oti 11095 TO: Mayor & Council FROM: John Frane DATE: May 2, 1980 RE: Resolution 80-80, 81 & 82 These resolutions have not been included in your packet because of their length. They will be in the Mayor's signature file on Tuesday night. If you wish to have them before the council meeting, please let me know. •• 10% RAUENHORST CORPORATIO N DESIGNERS • BUILDERS • DEVELOPERS/ NININEANOUS • CISC1030 • MILWAUKEE April 29, 1980 Mr. Rodger Ulstad, City Manager 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: Braun's Fashions, Inc. Dear Mr. Ulstad: Would you please request the City Council to set a public hearing on the rezoning and pre- liminary plat proposals of Braun's Fashiofis, Inc. at their next regularly scheduled meeting. The Planning Commission recommended approval for both of these proposals at their regularly scheduled meeting of April 28, 1980. Sincerely yours, Aizatvt17-37ii Robert A. Worthingi40, A.I.C. RAW/mjs SsIGMvE Watts nos NOIGNNESTERN FINANCIAL cunt*. 7100 IMES 1141111UE MTH. MINMAPOIAL lomotiou SIM iSINISlaNs 1097 April 29, 1980 Honorable Mayor and Council of City of Eden Prairie 89-50 Eden Prairie Road Eden Prairie, Minnesota Gentlemen: Please consider my request for a public hearing to be held May 20. 1880 at the City of Eden Prairie's regular council meeting, to consider rezoning a plat approval of Northmark 3rd and 4th Addition in the Preserves. All of the material has been submitted to the staff in accordance to the city ordinances. Thank you for your consideration. Cordially, Hans Hagen President HH/91 ".: RAUENHORST CORPORATION® 0.0.64.• BUILDERS • DEYELOPEREHMINNEAHOLIS • CHICAGO* MILWAUKEE April 29, 1980 10.36.490 Mt. Rodger Ulstad, City Manager 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: American Family Insurance Dear Mr. Ulstad: Would you please request the City Council to set a public hearing date for the Office P.U.D. rezoning of Lot 2, Opus 2 Second Addition allowing for the 60,000 sq. ft. expansion of the American Family Insurance Building in Opus 2. If possible, Rauenhorst would appreciate a May 20 hearing date for consideration of this rezoning request. Thank you. - Sincerely, Robert A. Worthiaiion, A.I.C. RAW/mjs Utellind CIRCO nos NonTswisTilut ePtat1CIAL OWN. MO UMW AWOKE SOUTH MINNIAP O U I L M I N O I C I O I A S I M 0 1 1 1 3 O X M A N io99 MEMO TO: Roger Ulstad, City Manager FROM: Chris Enger, Director of Planning DATE: April 30, 1980 SUBJECT: American Family Insurance Company Expansion In July of 1979, the Rauenhorst Corporation applied for Planned Unit Devel- opment Concept approval of two buildings (55,000 sq. ft. and 75,000 sq. ft.) on approximately 8 acres west of existing American Family Insurance. Because the expansions were planned to be a part of an overall building complex, parking areas were to be distributed thoughout the entire site. In order to determine on a conceptual basis if the building sizes were appro- priate for the site, fairly detailed information was submitted and the pro- ject was evaluated much the same as a rezoning request. The staff review of the project required some changes in the plan and additional information was to be submitted prior to any request for rezoning. After the Concept had been approved by the City Council, Rauenhorst personnel immediately began discussionswith City Staff to try to resolve all issues. New people were brought in by Rauenhorst who would be carrying the project through the construction phase. It was evident at this point that the new representatives from Rauenhorst felt that they were ironing out problems prior to building permit rather than rezoning. At the end of the discussion, Planning Staff fully expected a submission for rezoning to follow. Rauenhorst staff evidently left with the idea that they would proceed with drawings for a building permit. Rauenhorst did apply for a footing permit on March 14 and received it on March 19. Because of the limited visibility to the site, Planning Staff was not aware of the fact that Rauenhorst had started building for several weeks. When the situation became apparent, and clarified between the Building Staff and the Planning staff of Rauenhorst, and the Eden Prairie Staff, building was stopped. At this point, Rauenhorst has submitted the necessary information for review of the rezoning request for approximately 3 acres for the first 52,000 sq. ft. building. They will appear at the May 12 Planning Commission meeting and wish to appear at the May 20 City Council meeting. We will publish both notices in the Eden Prairie News on May 8, which will give four days notice for the public meeting before the Planning Commission and thirteen days notice prior to the Public Hearing to be held before the City Council. If, on May 6, the City Council chooses not to set the public hearing for May 20, we will change the date with the paper. .CE:jo tog 9 A _ . A. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST May 6, 1980 CONTRACTOR (1 & 2 Family) GAS FITTER B & E Enterprises Home Heating & Air Conditioning Bru Mar Construction Co. Warren J. Carpentar REFUSE & GARBAGE COLLECTION Custom Pools, Inc. Decks By Notch, Inc. G & H Sanitation, Inc. Dolphin Homes, Inc. Gerry Construction, Inc. VENDING MACHINES (Tobacco) Gopher Pool Co. Hogan Construction Chestnut Apartments Jackson Fireplace Const. Inc. Del Vending Dean Johnson, Builders Minnesota Custom Decks Remodeling Co. VENDING MACHINES (Candy) Urban Unit Corporation Del Vending CONTRACTOR (MU-Family & Comm.) VENDING MACHINES (Beverage) Ban Con, Inc. Design Management Const. Co., Inc. Chestnut Apartments L. L. Dysart Construction C. F. Haglin & Sons Co. TEMPORARY BEER LICENSE Hipp's Construction Co. Hirsh Brothers Eden Prairie Lions Club Metro Metals, Inc. (Schooners Day's) PLUMBING Bolder Plumbing & Heating June Plumbing & Heating Mitsch Plumbing & Heating Inc. Stant Plumbing Swedlund Sewer & Water Widmer Brothers, Inc. HEATING & VENTILATING Air Comfort, Inc. Air Refridgeration Sales & Service Home Heating & Air Conditioning These lisenses have been approved by the department head responsible for the.licensed activity. CITY OF EDEN PRAIRIE Norseman Ind.Pk. 4th Add. RAP Re.wNEPIN COUNTY, MINNESOTA Ordinance No. 80-07 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, as set .forth in Exhibit A attached hereto and made a part hereof, • shall be and hereby is removed from the Rural District and shall be included hereinafter in the 1-2 Park District. Section 2. The above-described property shalll be subject to the terms and conditions of that certain Developer's Agreement dated as of • 1979, between Herleiv Belle and Borghild Helle, husband and wife, as joint tenants, and the City of Eden Prairie, which Agreement is hereby made a part (-ereof and shall further be subject to all of the ordinances, rules . and regulations of the City of Eden Prairie relating to the 1-2 Park District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 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: ohn D.-Frane - City Clerk PUBLISHED in the Eden Prairie News on the day of , 1979. 1101 That part of the East Half of Sec t i o n 1 2 , T o w n s h i p 1 1 6 R a n g e 2 2 , described as follows: Commenci n g a t t h e N o r t h w e s t c o r n e r o f t h e East 30 acres of the South Half o f t h e N o r t h e a s t Q a r t e r o f s a i d Section 12; thence on an assume d b e a r i n g o f S o u t h 2 d e g r e e s 3 3 minutes 24 seconds East, along t h e W e s t l i n e o f s a i d E a s t . 3 0 a c r e s of the South Half of the Northe a s t Q u a r t e r , a d i s t a n c e o f 1 0 3 8 . 5 0 feet to the actual point of beg i n n i n g o f t h e t r a c t o f l a n d t o b e described thence South 87 degre e s 2 6 m i n u t e s 3 6 s e c o n d s W e s t , a distance of 480.00 feet; thence S o u t h 0 d e g r e e s 3 7 m i n u t e s 2 9 seconds East, a distance of 499. 3 6 f e e t ; t h e n c e S o u t h 3 d e g r e e s 2 1 minutes, 32 seconds West, a dis t a n c e o f 7 0 . 0 0 f e e t ; t h e / i c e E a s t e r l y along a nontangential curve conc a v e t o t h e N o r t h a n d h a v i n g a radius of 512.46 feet, a distanc e o f 1 8 5 . 8 8 f e e t t o t h e N o r t h w e s t corner of Lot 1, Block 1, HORSEMAN I N D U S T R I A L P A R K 3 R D A D D . ; t h e n c e North 2 degrees 17 minutes 36 se c o n d s E a s t , a l o n g t h e W e s t e r l y l i n e of said HORSEMAN INDUSTRIAL ? A R K 3 r d A D O . , a d i s t a n c e o f 7 5 . 1 3 feet to the Northerly line of West 7 4 t h S t r e e t a s p l a t t e d i n s a i d NORSEMAN INDUSTRIAL PARK 3R D A D D . : T h e n c e N o r t h e a s t e r l y , a l o n g the Northerly line of said West 7 4 t h S t r e e t a s p l a t t e d i n H O R S E M A N . INDUSTR1ALPAUNDAEO., a distanceof 407.81 feet, to the S o u t h e r l y line of Outlot A, NORSEMAND INDU S T R I A L P A R K 3 R D A D D . ; t h e n c e North 86 degrees 38 minutes 28 s e c o n d s W e s t , a l o n g t h e S o u t h e r l y line of said Outlot A, a distanc e o f 5 1 . 5 5 f e e t t o t h e S o u t h w e s t corner of said Outlot A. also bei n g t h e S o u t h w e s t c o r n e r o f t h e East 30 acres of the South Half o f t h e N o r t h e a s t Q u a r t e r o f s a i d Section 12; thence North 2 degre e s 3 3 m i n u t e s 2 4 s e c o n d s W e s t , along the West line of the East 3 0 a c r e s o f t h e S o u t h H a l f o f t h e Northeast Quarter of said Secti o n l a , ( a l s o b e i n g t h e W e s t l i n e of Outlot A, NORSEMAN INDUSTRIAL PARK 3RD ADD, and also being the West line of HORSEMAN INDUSTRIA L P A R K 2 N D A D D ) , a d i s t a n c e o f 293.34 feet to the actual point o f b e g i n n i n g . 4 EXHIBIT A 1/02 3-21-80 Noreman Ind.Pk.4th Add. DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of ,1980 by and between HERLEIV HELLE AND BORGHILD HELLE, husband and wife, as joint tenants, 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 rezone from Rural to 1-2 Park approximately 4.89 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 plat and develop the property as one indus- trial lot. NOW THEREFORE, in consideration of the City adopting Ordinance No.80-07, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated December 17, 1979 reviewed and approved by the City Council on March 18, 1980 and attached hereto as Exhibit B, subject to such changes and modifica- tions 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 obser- vance 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 may construct upon the property i structure in accordance with the provisions of Ordinance 135. /103. Developer's Agreement-Norseman Ind. Pk 4th page 2 4. Owner shall convey by Warranty Deed that part of the property shown as Outlot A. Exhibit B. outlined in red to the City immediately upon filing oriTIFITITit and prior to issuance of any building permit . Owner shall construct within Outlot A a hard surface street in accordance with City Engineer's specifications. 5. Owner shall not apply for, nor be entitled to any permit to construct any building or grade on the property until the storm sewer connection to Nine Mile Creek is installed and operating. 6. Owner shall, prior to the issuance of any building permit, submit to the City for review and approval, a detailed landscaping plan, including but not limited to screening of all loading areas, parking, and mechcanical equipment. Agreement-Norseman Ind. Pk. 4th Addition page 3 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY Wolfgang N. 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 1980 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad7the City Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. Notary Public STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this / day of 1980 by Herleiv Helle and Borghild Helle, Husband and Wife. That part of the East Half of Section 12, Township 116 Range 2 2 , described as follows: Commencing at the Northwest corner of t h e East 30 acres of the South Half of the Northeast Qarter of s a i d Section 12; thence on an assumed bearing of South 2 degrees 3 3 minutes 24 seconds East, along the West line of said East.30 a c r e s of the South Half of the Northeast Quarter, a distance of 10 3 8 . 5 0 feet to the actual point of beginning of the tract of land t o b e described thence South 87 degrees 26 minutes 36 seconds West , a distance of 480.00 feet; thence South 0 degrees 37 minutes 2 9 seconds East, a distance of 499.36 feet; thence South 3 degr e e s 2 1 minutes, 32 seconds West, a distance of 70.00 feet; thence E a s t e r l y along a nontangential curve concave to the North and having a radius of 512.46 feet, a distance of 185.88 feet to the Nor t h w e s t corner of Lot 1, Block 1, NORSEMAN INDUSTRIAL PARK 3RD ADD . ; t h e n c e North 2 degrees 17 minutes 36 seconds East, along the West e r l y l i n e of said NORSEMAN INDUSTRIAL PARK 3rd ADD., a distance of 7 5 . 1 3 f e e t to the Northerly line of West 74th Street as platted in sai d NORSEMAN INDUSTRIAL PARK 3RD ADD.: Thence Northeasterly, a l o n g the Northerly line of said West 74th Street as platted in N O R S E M A N INDUSTRIAL Nft PDACO., a distance of 407.81 feet, to the Sou t h e r l y line of Outlot A, NORSEMAND INDUSTRIAL PARK 3RD ADD.; then c e North 86 degrees 38 minutes 28 seconds West, along the Sou t h e r l y line of said Outlot A, a distance of 51.55 feet to the Southwest corner of said Outlot A, also being the Southwest corner of t h e East 30 acres of the South Half of the Northeast Quarter of s a i d Section 12; thence North 2 degrees 33 minutes 24 seconds We s t , along the West line of the East 30 acres of the South Half o f t h e Northeast Quarter of said Section 12, (also being the West l i n e of Outlot A, NORSEMAN INDUSTRIAL PARK 3RD ADD, and also being t h e West line of NORSEMAN INDUSTRIAL PARK 2ND ADD), a distance of 293.39 feet to the actual point of beginning. nnn 4 EXHIBIT A 1/010 - a • ;•"`r, 1••• f to- rL t ‘.7 zler.esse!_l:fzev ...•mchtt 41J% --CZ) ( • • - .( DEVELOPER'S AGREEMENT EXHIBIT page 1 of 4 Prior to release of final plat, Owner shall submit to the City Engineer for approval two copies of a development plan (1"=100' scale) showing existino and proposed contours, proposed streets and lot arrangements and size, minimum floor elevations on each lot, P reliminary alignment and grades for sanitary sewer, watermain and storm sewer, 100 year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails and any property to be deeded to the City. Owner shall submit detailed construction and storm sewer plans to the Nine Mile Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $ 1,400 per acre . The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. 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. ,/ I. 1' HoE 1/80 Page 2 of 4 Exhibit C V. A. All sanitary sewer, watermain and storm sewer facilities.concrete 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 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 In connection therewith or material or equipment supplied therefore on or before the later of, 2 years from the date hereof or , 19 Upon completion and acceptance, Owner warrants and guarantees the improvements against ally 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 workmonship 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 the public, over a five year period. Prior to the award of any contract by the City for the construction of any improvemtnts, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. iTontractor's obliga- tion with respect to the rough grading work shall be secured by a bond or letter of credit which shall guarantee completion, and payvant 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. nn4 page 3 of 4, Exhibit C C. Prior to release of final plat, Owner shall 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 18inches measured perpendicular with the curborinlieu of said sod, place a fiber blanket with seed approved by the City (secured with stakes a .maximum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of topsoil. The topsoil shall be level with the top of the curb at the curb line and rise 1/2" 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 -eaeh 1.5 acres 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 VI. 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 itemVIL hereof, Owner for itselt it successors, and assigns shall not oppose rezoning of said property to Rural. Pane 4 of 4 Exhibit 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, exceot: 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. 1/b0 "*( 4 . CN8/ Viking RAP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 80-09 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: (a) The property, as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the 1-2 District and shall be included hereafter in the Office District. (b) The property, as set forth in Exhibit El attached hereto and made a part hereof, shall be and hereby is removed from the Rural District and shall be included hereafter in the Office District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agree- ment dated as of ,l9 80 , entered into between Condon-Naegele Realty Company, a general partnership of the State 1 of Minnesota, consisting of Robert 0. Naegele, Sr., general partner:* and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all ordin- ances, rules and regulations of the City of Eden Prairie relating to the District in which it shall be included hereafter. Section 3. This ordinance shall become effective from and after its passage and publication. *Richard F. Condon, general partner; Robert O. Naegele, Jr., general partner; and William O. Naegele, general partner:0mm' Vikings II, Inc., Dater 11/01 -2- FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1 day of April 1980, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1980 . Wolfgang H. Penzel - Mayor (SEAL) ATTEST: John D. Frane - City Clerk 'PUBLISHED in the Eden Prairie News on the day of 19 8 0 rig Containing 6.50 acres more or less. EXHIBIT A, page 1 of 2 Mil • CNR GOLDEN STRIP H&A Project #79-64 LEGAL DESCRIPTION Parcel #1 - Rezoned from 12-Park to Office All that part of the NE 4 of Section 13, Township 116, Range 22, Hennepin County, Minnesota deseiibed as follows: Commencing at the northeast corner of Section 13, Township 116, Range 22; thence westerly along the north line of the NE 4 of said section, south 88° 04' 00" west 33.00 feet to the actual point of beginning; Thence south 02° 10' 30" east along the west right-of-way of Washington Avenue 700.15 feet; said point is 60 feet north of the north right-of-way line of Highway 494, measured at right angles from highway right-of-way; thence south 85° 59' 30" west and parallel to said right-of-way, 400.20 feet; thence north 02° 10' 30" west 714.64 feet more or less to the north line of the NE 4 of Section 13; thence north 88° 04' 00" east along said north line 400.00 feet to the point of beginning. CNR GOLDEN STRIP 8i.A Project #79-64 LEGAL DESCRIPTION Parcel #2 - Rezoned from Rural to Office All that part of the NE 4 of Section 13, Township 116, Range 22, Hennepin County, Minnesota described as follows: Commencing at the northeast corner of Section 13, Township 116, Range 22; thence westerly along the north line of the NE 4 of said section, south 88° 04' 00" west 433.00 feet to the actual point of beginning; Thence south 02° 10' 30" east 714.64 feet; said point is 60 feet north of the north right-of-way line of Highway 494, measured at right angles from highway right-of- way; thence south 85° 59' 30" west and parallel to said right-of-way, 58.66 feet; thence south 73° 16' 29° west and parallel to said right-of-way, 318.01 feet; thence south 85° 59' 30" west and parallel to said right-of-way, 121.32 feet; thence north of 02° 10' 30" west 802.35 feet more or less to the north line of the NE 4 of Section 13; thence north 88° 04' 00" east along said north line 487.70 feet to the point of beginning. Containing 8.54 acres more or less. •• EXHIBIT A, page 2 of 2 DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1980 by and between CONDON-NAEGELE REALTY COMPANY, a general part- nership of the State of Minnesota, (consisting of Robert O. Naegele, Sr., general partner; Richard F. Condon, general partner; Robert O. Naegele, Jr., general partner; and William 0. Naegele, general partner), hereinafter referred to as "CNR", and VIKINGS II, INC., a Minnesota corporation, hereinafter referred to as 'Vikings II", both of which are hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WHEREAS, Owner has applied to City to rezone from Rural and 1-2 to Office approximately fifteen (15) 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", WHEREAS, CNR has granted an option for the purchase of the property (hereinafter referred to as the "Option") to Vikings II which intends to develop a portion of the property for the construc- tion of an office and training facility for the Minnesota Vikings. NOW, THEREFORE, in consideration of the City adopting Or- dinance 80-09, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in con- formance with the material dated Feb. 20, 1980 reviewed and approved by the City Council on April 1, 1980 and attached hereto as Exhibit B, subject to such changes and modifications as pro- vided 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 not build upon or develop any portion of the property other than that depicted in Exhibit B, without the prior review and approval of the City Planning Commission. 4. CNR shall design and construct the East/West access street to the west property line of Lot 2 as depicted in Exhibit B, to the City Engineer's specifications including but not limited to the design and construction of a temporary dead-end cul-de-sac at the street's western terminus. 5.. CNR for itself and Vikings II for itself agrees to not to grade any portion of the lands adjacent to the property situated more than 300 feet west of Lot 2, Exhibit B. 6. Owner shall submit: to the City for review and approval a detailed landscaping and grading plan, including but not limited to, screening of Parking from roadways and the Nine Mile Creek wild- life corridor north of the property, prior to issuance of any building permit. -2- 7. Owner shall not oppose and shall be deemed hereby consent to an amendment, at such time as City deems appro- priate, of Ordinance #159 (establishing Advertising Sign Zones) so as to remove the subject property from the Advertising Sign Zone established therein; provided, however, this paragraph shall create no obligation on CNR in the event the property is not pur- chased by Vikings II. S. The obligations of Vikings II as "Owner" under this Agreement shall be effective if and when Vikings II purchases the property under the Option. In the event Vikings II purchases the property, CER shall be absolutely released from the obliga- tions under paragraph 1, 3, 6 and 7 of this agreement and Articles /I, III and ry and the last sentence of Article VI (B) insofar as such sentence does not relate to the improvements re- ferred to in Article V of Exhibit C hereto, and the term "Owner" shall mean only Vikings /I for the purpose of said provisions. - 3- IN WITNESS WHEREOF, the parties to this Agreement have caused these presents tb be executed as of the day and year afore- said. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY Wolfgang H. Penzel, Mayor By Robert K. alit-ad4 Manager CONDON-NAEGELE REALTY COMPANY, a general partnership of the State of Minnesota By William O. Naegele, general partner VIKINGS II, INC., a Minnesota corporation By Its By rt-s- -4- STATE OF MINNESOTA ) ) $s. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1980 by Wolfgang H. Penzel, Mayor and Roger K. Ulstad, Manager of the City of Eden Prairie on behalf of the corporation. • Notary Public STATE OP MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1980 by William O. Naegele, a genearTartner of Condon-Naegele Realty Company on behalf of the partnership. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1980 by the and the of Vikings II on behalf of the corpora- Notary Public -5- 1124 LEGAL DESCRIPTION CNR - PHASE 1 All that part of the NE 1/4 of Section 13, Township 116, Range 22, Hennepin County, Minnesota described as follow: Commencing at the northeast corner of Section 13, Township 116, Range 22; thence westerly along the north line of the NE 1/4 of said section, south 88° 04* 00" west 33.00 feet to the actual point of beginning; Thence south 02 ° 10' 30" east along the west right of way of Washington Avenue 700.15 feet; said point is 60 feet north of the north right of way line of Highway 494, measured at right angles from highway right of way; thence south 85° 59' 30" west and parallel to said right of way 458.86 feet; thence south 73 0 16' 29" west and parallel to said right of way 318.01 feet; thence south 85° 59' 30" west and parallel to said right of way, 121.32 feet; thence north of 02 0 10' 30" west 802.35 feet more or less to the north line of the NE 1/4 of Section 13; thence north 88 ° 04' 00" east along said north line 887.70 feet to the point of beginning. Containing 15.00 acres more or less. EXHIBIT A 0 2-1 I / • •• ' • • -• . •?E.") • 4 • 0 • – 1: 1 —2 1*. •••,,"\% , . ( - STET . . •1-1.:.;-;L tenninous-) •• 4 • I Western c4k 51 O. • • • % . _ ' 1-- • - r-- 7 c ) _ . • • r I / • •-1 Phew 2 _ LEGEND Mow 3 Owe— La as Pteearmllon ta.1 CICIMMOMOD snow fencing and hay bales 10o L4.01 141. 4 44. 'I! F. 400.4 •••••n••• 40U, .C144401 LI . Doodlesi000 II so Row 1 —.n Plums I fOood... sa 14.141 • • • • NI Phew 3 Road. 0.5.I CNR GOLDEN STR1P/EAST Brauer & AssociateiLtd., Inc. e':\ •-• - • • .4 4 11 ••n•n1 ••••• i.; ; •‘. 1J11( ,)1!,r icKIP 2'; •s• 'A- • • • , -.....,—;....7.,Th4q,•,x::::-..kis„! — ..)1. • ..• • -.A., 4.- , 3.7,:x4.0.:43 1 k.;:kr1W.i.!?•"\i'l • ':':'.4'; i'l... ....1,11-,Arp. .i C .S.14 er,....:,•77t,";; I ! N f ,Y • 4% ' * ''' .1j ? • 1 •- ' , ,:tc•O'f '''‘,..*.e4N • : leiNI n•n•• ; - - f. - • so tars s, • 47..i.,110 14060111 .nn A. • s' 4/6 7+1, • . riNj verii . seal # eh' , 1612fizegi _ - - . x I ufn113 - GOLDEN STRIP/EAST A 1, 4 111 jti 1 ii I I I II rs I IA A• "1111111IT Rs I. IV. DEVELOPER'S AGREEMENT EXHIBITC page 1 of 5 Prior to release of final plat, Owner shall submit to the City Engineer for approval two copies of a development plan (1"=100 1 scale) showing existing and proposed contours, proposed streets and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, watermain and storm sewer, 100 year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails and any pro- perty to be deeded to the City. Owner shall submit detailed construction and storm sewer plans to the Nine Mile Creek Watershed District for review and approve/. 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 a building permit for construction on the property. Presently, the amount of cash park fee appli- cable to the property is $1,400 per acre. The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of such building permit for construction on the property. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided in Article V below, 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 pro- vided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances or assessments. Page 2 of 5, Exhibit C V. A. All sanitary sewer, waternmain and storm sewer facilities, streets, curb, gutter, sidewalks and other public utili- ties ("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 Owner and acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work, labor or services rendered in connection therewith or material or equipment supplied therefore on or before the later of, two (2) years from the date hereof or , 1980. Upon com- pletion 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 two (2) year period, said warranty and guarantee shall be for a period of three (3) years fol- lowing 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 sixty (60) days of completion thereof together with a written statement from a registered en- gineer that all improvements have been completed, inspected and tested in accordance with City-approved plans and specifications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees completion of all improvements within the times pro- vided, upon the conditions, and in accordance with the terms of this subparagraph V. A., including but not limited to, a guarantee against defects in ma- terials or workmanship for a period of two (2) years following completion and acceptance of the improve- ments 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 1 1 94 Page 3 of 5, Exhibit C 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 esti- mate 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 the public, over a five (5) year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade ele- vation. Contractor's obligation with respect to the rough grading work shall be secured by a bond or letter of credit which shall guarantee completion, and payment for all labor and materials expended in connection with the rough grading. The amount of the bond 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. C. Prior to release of final plat, Owner shall 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 (2) months, (or within one (1) week from the date of any re- quest by City), during the period commencing May 1 and ending October 31, of each year, until such time as such streets and improvements therein are accepted for owner- ship and maintenance by City. B. Within thirty (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 two (2) stakes per roll of sod) that part of the property lying between Page 4 of 5, Exhibit C said curb and a line 18 inches measured perpendicular with the curb or in lieu of said sod, place a fiber blanket with seed approved by the City (secured with stakes a maximum of six (6) feet apart). Either sod or fiber must be placed upon a minimum of four (4) inches of topsoil. The topsoil shall be level with the top of the curb at the curb line and rise 1/2" for each foot from the curb line. Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are accepted for ownership and maintenance by City. Owner shall also sod all drainage swales serving each 1.5 acres a minimum distance of six (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 VI. 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 sixty (60) days from the date of this Agreement. VIII. If Owner fails to proceed in accordance with this Agree- ment within twenty-four (24) months of the date hereof and provide proof of filing in accordance with item VII hereof, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. IX. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors and assigns of the property herein described. X. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other en- cumbrances, excepts Page 5 of 5, Exhibit C X I. In the event there are or will be constructed on the property, two (2) or more streets, and if permanent street signs have not been installed, Owner shall in- stall temporary street signs in accordance with recom- mendations of the City Building Department, prior to the issuance of any permit to build upon the property. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Sunset Trails RAP Ordinance No. 80-08 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135 THE CITY COUNCIL Of THE CITY OF EDEN PRAIRIE DOES ORDAIN AS F O L L O W S : Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the Rural District and shall be included hereinafter in the R1-13.5 District. Section 2. The above-described property shall be subject to th e terns and conditions of that certain Developer's Agreement date d a s of 1980, between Countryside Investments, Inc., a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a p a r t hereof and shall further be subject to all of the ordinances, r u l e s and regulations of the City of Eden Prairie relating to the R1 - 1 3 . 5 District. Section 3. This ordinance shall become effective from and aft e r •. its passage and publication. FIRST READ at a regular meeting of the City Council of the Cit y of Eden Prairie on the day of , Mg, and finally read and adopted and ordered published at a regular me e t i n g of the city Council of said City on the day of , 1980 . Wolfgang H. Penzel - Mayor ATTEST: John D. Frane - City Clerk PUBLISHED in the Eden Prairie News on the day of , 1980. SUNSET TRAILS gEZONING From Rural to RI-13.5 That part of the North 726.00 feet of the South 957.00 feet of the Southeast lx of the Northwest Ix, Section 5, Township 116, Range 22, lying Easterly of the following described line. Commencing at the Southeast corner of said North 726.00 feet of the South 957.00 feet; thence West on South line of said 726.00 of the South 957.00 feet a distance of 343.00 feet to the point of beginning of the line to be described; thence deflect right 15 degrees a distance of 105.00 feet; thence delett left 10 degrees to a point of the North line of said North 726.00 feet, of the South 957.00 feet distant 553.00 feet West of the Northwest corner of said North 726.00 feet of the South 957.00 feet and there terminating. -Containing approximately 9 acres. Hennepin County,Minnesota 113? High Trail Estates Amendment AMENDMENT TO DEVELOPER'S AGREEMENT BETWEEN COUNTRYSIDE INVESTMENTS, INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1980 by and between COUNTRYSIDE INVESTMENTS INC., a Minnesota Corporation, hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City". For and in consideration of, City adopting Ordinance 80-08 and Owner's undertakings and covenants in connection therewith, the parties desire to amend that certain Developer's Agreement entered into as of June S. 1979, by and between Owner and City ("Developer's Agreement") as follows: Paragraph 4. of the Developer's Agreement shall be amended to read as follows: 4. Owner shall grade and seed the tOilot as shown on Exhibit B, in conformance with the requirements of the Community Services Department. WHEREFORE, the parties . hereto have executed this Amendment to the Developer's Agreement the day and year first above written: • CITY BY: Wolfgang H. Penzel, Mayor na- ( Amendment to Developer's Agreement-High Trail Estates Page 2 STATE OF MINNESOTA1 SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this _day of -1980 by Wolfgang H. Fenzel, the Mayor and Roger K.U1stad, the City Manager of the City of Eden Prairie, on behalf of the City. Notary Public STATE OF MINNESOTA1 SS. COUNTY OF HENNEPIN 10 The foregoing instrument was acknowledged before me this3D day of 1980 by Clifton J. Swenson, the president and Arvid W. 5ERwartz, ttieTTitriP7-. of Countryside Investments, Inc., on behalf of the corporation. : HUNT . . n _.• —.11)711Y COldiosi. 1,4 zra,a. 0.17.:4 105i 740. Xle-d Notary Public 4-40-80 Sunset Trails DEVELOPER'S AGREEMENT THIS AGREEMENT, -made and entered into as of , 1980 by and between COUNTRYSIDE INVESTMENTS, INC., a Minnesota corporation, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City to rezone from Rural to R1-13.5 approximately 9 acres, situated in Hennepin County, State of Minnesota, more fully described as Parcel 1, Exhibit A, attached hereto and made a part hereof, which constitutes a part of lands owned by Owner more fully described as Parcel 2, Exhibit A, all of which is hereafter referred to at "the property", and WHEREAS, Owner desires to plat and develop Parcel 1 of the property into 18 lots for single family residences and the remainder into 1 or more outlots. NOW THEREFORE, in consideration of the City adopting Ordinance 80-08, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material Dated February , 1980 reviewed and approved by the City Council on March 18, 1980 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. Developer's Agreement-Sunset Trails page 2 3. Owner shall convey by Warranty Deed 3 acres of the property within Outlot A, Exhibit B. outlined in green to the City immediately upon filing of the plat and prior to issuance of any building permit. Except to the extent that Owner is required to do so pursuant to the terms hereof or the City may in the future do so, Owner shall not grade or improve Outlot A. 4. Prior to the grading or filling of any portion of the property situated within or classified as public waters by law, Owner shall have received a permit from the Department of Natural Resources for any such grading or filling. 5. Prior to the issuance of any building permit for construction of any house on a lot other than lots adjacent to Duck Lake Road, Owner shall have constructed houses on and sodded said lots in accordance with specifications of the City Engineer. 6. The storm sewer system between Lots 4 and 5, Block 1, shall be extended to the back lot lines of said lots. The storm sewer outfall located along the property's southern boundary shall be extended westerly within the property in accordance with the City Engineer's specifications. 7. Curb cuts and driveway access to Lot 5, Block 2, shall be via Durango Drive and not Duck Lake Road. 8. Owner shall construct a temporary cul-de-sac at the northern most point of Durango Drive according to City Engineer's specifications. 9. Concurrent with construction of street and utility improvements within the property, Owner shall install a 5 foot wide, 5 inch deep concrete sidewalk with let down curb and gutter within the • 'right-of-way and west of the driving surface of Duck Lake Road, commencing at. the property's southern most boundary and extending •to the northern boundary of the property • as depicted in red on Exhibit B. 135 ODUNTRYSID INVESTMENTS, INC.,,/) Minnesota 4-o corpora n. BY: Agreement-Sunset Trails 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 1980 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad7the City Manager of the City of Eden Prairie on behalf of the City. Notary Public OWNER STATE OF MINNESOTA1 SS. COUNTY OF HENNEPIN "rt The foregoing instrument was acknowledged before me this30 day of 42/±(_, 1980 by Clifton J. Swenson, the president and Arvid W. Schwartz, the easurer of CountrySide Investments, Inc., on behalf of the corporation. :/ i.. i; , /202 C.1 n 01610.4 7,/ Not ry Public SUNSET TRAILS REZONING From Rural to R1-13.5 That part of the North 726.00 feet of the South 957.00 feet of the Southeast 1/4 of the Northwest 1/4, Section 5, Township 116, Range 22, lying Easterly of the following described line. Commencing at the Southeast corner of said North 726.00 feet of the South 957.00 feet; thence West on South line of said 726.00 of the South 957.00 feet a distance of 343.00 feet to the point of beginning of the line to be described; thence deflect right 15 degrees a distance of 105.00 feet; thence delect left 10 degrees to a point of the North line of said North 726.00 feet of the South 957.00 feet distant 553.00 feet West of the Northwest corner of said North 726.00 feet of the South 957.00 feet and there terminating. Containing approximately 9 acres. Hennepin County,Minnesota OVERALL PROPERTY DESCRIPTION Commencing 14 rods north of Southwest corner of Northwest k; thence north 44 rods; thence east 80 rods; thence south 44 rods; thence west 80 rods to beginning, except road. All being in Hennepin County, Minnesota. EXHIBIT A SS ••••n••n ; "EXHIBIT B" Feb. ,1980 SIFTM .1"..••••• DEVELOPER'S AGREEMENT E X.HIBITC page 1 of 4 I. Prior to release of final plat, Owner shall submit t o t h e C i t y Engineer for approval two copies of a development p l a n ( 1 " = 1 0 0 ' s c a l e ) showing existing and proposed contours, proposed str e e t s a n d l o t arrangements anesize, minimum floor elevations on e a c h l o t , p r e l i m i n a r y alignment and grades for sanitzry sewer, watermain a n d s t o r m s e w e r , 100 year flood plain contours, ponding areas, tribu t a r y a r e a s t o c a t c h basins, arrows showing direction of storm water flo w o n a l l l o t s , location of walks, trails and any property to be de e d e d t o t h e C i t y . Owner shall submit detailed construction and stor m s e w e r plans to the Riley-Purgatory Creek Watershed District for review and approval. Owner shall follow all rules and recomnendations o f s a i d Watershed District. Prior to the dedication, transfer or conveyance of a n y r e a l property or interest therein to the City as provid e d h e r e i n , Owner shall deliver to the City an opinion address e d t o t h e City by an Attorney, and in a form , acceptable to C i t y , a s t o the condition of the title of such property or in l i e u o f a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. T h e c o n d i t i o n o f the title of any real property or any interest the r e i n t o b e dedicated, transferred or conveyed as may be provi d e d h e r e i n b y Owner to City shall vest in City good and marketab l e t i t l e , therein free and clear of any mortgages, liens, e n c u m b r a n c e s , or assessments. 1/80 Page 2 of 4 Exhibit C IV. A. All sanitary sewer, watermain and storm sewer facilities,concrete 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 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 in connection therewith or material or equipment supplied therefore on or before the later of, 2 years from the date hereof or , 19 • • 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 the public, over a five year period. Prior to the award of any contract by the City for the construction of any improvements, Omer shall have entered into a contract for rough grading of streets included in the Improvements to a finished subgrade elevation. Contractor's obliga- tion with respect to the rough grading work shall be secured by a bond or letter of credit which shall guarantee completion, and payment for all labor and materials expended in connection with the rough grading. The amount of the bond 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. 11/1/1 page 3 of 4, Exhibit C C. Prior to release of final plat, Owner shall pay to City fees for first two year street lighting ( public streets ) engineering review and street signs. V . 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 18inches measured perpendicular with thecurborinlieu of said sod, place a fiber blanket with seed approved by the City (secured with stakes a-maximum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of topsoil. The topsoil shall be level with the top of the curb at the curb line land rise v. 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 moles servin4 each 1.5 aoresa 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 VI. VI . 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. VII . 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 itemVIL hereof, Owner for itselt it successors, and assigns shall not oppose rezoning of said property to Rural. Page 4 of 4 Exhibit C VIII 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: X • 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 recomendations of the City Building Department, prior to the issuance of any permit to build upon the property. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-87 A RESOLUTION APPROVING FINAL PLAT OF GARRISON FOREST FOURTH ADDITION May 6. 1980 WHEREAS, the plat of Garrison Forest Fourth Addition has'been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin-• antes of the City of Eden Prairie. • . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Of THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Garrison Forest Fourth Additions approved upon compliance with the recommendation of the City Engineer's Report on this plat dated April 30, 1980. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for thier use as required by MSA 462.358, Subd. 3. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on kolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, CTifk C. 1143 CITY OF EDEN PRAIRIE Engineering Report on Final Plat TO: THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer April 30, 1980 GARRISON FOREST FOURTH ADDITION PROPOSAL: The Preserve has requested City Council approval of the final plat of Garrison Forest Fourth Addition. This is a replat of three lots in Garrison Forest Second Addition. The purpose of the replat is to widen 2 of the 3 existing lots by shifting the 16t lines easterly. HISTORY: Vacation of existing drainage and utility easements Was authorized by the City Council on April 1, 1980, through Resolution #80-71. , The Preliminary Plat was approved by the City Council on April 1, 1980, through Resolution #80-67. VARIANCES: The DevelopePs Agreement for Garrison Forest Second Addition requires a 50 foot setback from NSA or County roadways. The Developer requested a variance from this requirement through the Board of Appeals on April 17, 1980. This request Was denied by the Board and an appeal has been presented to the City Council with action on this matter scheduled for May 6, 1980. UTILITIES AND STREETS: Municipal utilities and roadways have been installed to service this plat. Additional utility installation will not be necessary. PARK DEDICATION: Park dedication requirements are satisfied through the Preserve PUD. BONDING: No bonding will be required. RECOMMENDATION: Recommend approval of the final plat of Garrison Forest Fourth Addition, subject to the requirements of this report and the 'following: 1. Receipt of fee for City Engineering services in the amount of $.90.00. ' 4 . • Mini -W.50M ;F . ( DeParlITI(') 11 of Transportation Ski L: District 5 Tt\\Z csp 2055 No. Lilac Drive fr0FT0' Golden Valley, Minnesota 55422 we..../ .74537)4 April 18, 1980 Mx. Chris Enger, Planning Director City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 S.P. 2762 T.H. 5 Plat Review of Proposed N.S.P. Eden Prairie Substation Located in Part of Section 11, Township 116, Range 22, So. of TM 5 and West of 494 in Eden Prairie, Hennepin County Dear Mr. Eager: 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 followi n g comment: - Northern States Power has been coordinating the proposed construction of the substation with district personnel. Permits will be required from the Minnesota Department of Transportation to work on the right of way. No problems are anticipated. If you have any questions in regard to the above comment, please contact Evan Green at 545-3761 extension 119. Thank you for your cooperation. Sincerely, ) / • ./ , W. M. Crawford,1P.R. District Engineer ' cc: Charles Weaver Metropolitan Council .4n Equal Opportunity Entpayet Pci" LAW OFFICES LeVander, Gillen, Miller & Magnuson 402 DROVERS BANK SUILOsNO • 033 SOUTH CONCORD STREET SOUTH ST. PAUL. MINNESOTA 55075 • TELEPHONE (SW 451.1631 HAROLD LeVANDER ARTHUR GILLEN ROGER C. MILLER PAUL A. MAGNusON HAROLD LID/ANDER. .10. PAUL H. ANDERSON TIMOTHY .1. KuNTE DANIEL .1. DEESON • S.- April 14, 1980 Chairman and Members of Planning Commission City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Northern States Power Company Request For PUB Concept Approval To Construct Substation North of West 78th Street & South of T.H.#5 Dear Mr. Chairman and Members of the Commission: I am writing to you on my own behalf and on behalf of my parents, Calvin and Helen Anderson, my sister, Mary Ellen Bland, with respect to the public hearing on April 14, 1980. This hearing is on the request of Northern States Power Company to construct a substation upon 12 acres of land North of West 78th Street and South of Trunk Highway #5 Please be advised that my parents, my sister and I are owners of a parcel of land on the easterly shore of Idlewilde Lake. This parcel of land has been affected by past development of Northern States Power Company and also will be affected by the presently planned NSP development. More particularly, Idlewilde Lake originally drained to the North, eventually running into Purgatory Creek. This drainage was altered by the construction of the Foto Mark parking lot, the NSP transmission tower site and the construction of 494. The natural drainage for the pond originally ran on what is the northerly edge of the parcel presently being developed by Northern States Power Company. The normal high water level of Idlewilde Lake as shown on the 1967 National Geological Survey is 852 feet S.L.D. In 1972, the Riley-Purgatory Creek Watershed District ascertained that the ordinary high water level was 853.5 S.L.D. and that at the time their sur- vey of the lake showed that the actual water level of the lake was 856.7 S.L.D. Presently the water level on the lake varies between approximately 857 and 860 feet S.L.D. Presently there is no outlet to the lake unless it were to flood over West 78th Street. You should be aware that there is a culvert underneath West 78th Street connecting the lake with the property to the north. Before the alterations caused by Foto Mark and NSP, there was a small pond just to the North of West 78th Street. The water would run "IC, Chairman and Members of the Commission April 14, 1980 Page 2 from the small pond into /dlewilde Lake. When the water in the lake went above the ordinary high water mark, the water would then run North out of Idlewilde Lake into the small pond and then overflow into a ditch and would ultimately wind its way to Purgatory Creek. When Foto Mark put in its parking lot and NSP put in its transmission tower this small pond to the north of West 78th Street was filled and the culvert outlet was plugged. This left no natural outlet for the lake and resulted in the raising of the water level and the flooding of our pro- perty. In 1973 when the sanitary sewer and water were put in in this area, we requested that the City at that time construct a storm sewer so that an outlet could be provided for the pond and permit the lake to return to its normal high water level. At that time, we cited the alteration in the natural drainage for the lake. Unfortunately, the Council did not authorize the installation of the storm sewer at that time. /dlewilde Lake presently serves as the ponding area for surface drainage for a considerable area of land surrounding it. Because of the blockage of the normal overflow from the lake, this has worked to our detriment by causing flooding of our property and a higher than normal high water level. We believe that our property rights have been unjustly affected by the action of Foto Mark and NSP in the past and do not wish to suffer further damage by con- tinued development without the correction of the problems created by past development. Accordingly, we object to the approval of the present PUD concept until proper actions have been taken to assure that the drainage and storm sewer for Idlewilde Lake are taken care of by the City and all parties affected. In support of the position that the natural drainage has been altered, I cite my parents personal knowledge. My father has been A resident of the City of Eden Prairie for over 70 years and is very familiar with this area. Also, my father has obtained the statements from other longtime residents of Eden. Prairie who have farmed the affected land or land adjoining this and have first hand knowledge of the normal drainage for Idlewilde Lake. Copies of the statements are attached for your information and review. It is our intent to be present at the Planning Commission meeting on the 14th and we will be able to answer any further questions you may have with respect to this objection at that time. Paul H. Anderson PHA:cj cc: Mayor Wolfgang Penzel, City Manager 1/4/ 1:2)c 0 February 6, 1980 To Whom It Nay Concern --- Ny name is Herbert Perkl. NY father, Hilbert Perkl, owned 40 acres where Foto Mark, Inc. plant is now located. Our farm house was on top of the hill and the barn was located where the Foto Mark plant is today. Nest of our land was east and north bf the buildings. There was a small pond about 200 ft. directly east of the barn. A small ditch ran from this pond into a culvert under West 78th Street. This pond was low most of the time but in the spring and during wet weather the water flowed from the pond, through the culvert .into the lake 3.4hwee4 of :lest 78th Street. When the lake became high after several heavy rains the water would go/5 back through the culvert into this small pond and then into another ditch that flowed from this pond west into Purgatory Creek. When Foto Mark enlarged their parking lot, they filled the original small pond and built one farther east. The fill was purchased from Roy Olson who owned property farther west. This change pluged the outlet from the lake to the pond and some of the ditch that ran into Purgatory Creek. About the same time Northern States Power built several towers which completely plugged the ditch to Purgatory Creek and stopping all chances of excess water to get out of the lake. • I lived on this farm all during my childhood until I was over 20 years of age and know these facts to be true. Herbert Perk]. mit I To horn It tay Concerns I, Donn Cothoudt, owned the land west of f -oto.:.ark. The. for many years which at that time ras the buladinr site of the :erkl farm. There wan a pond eat of the barn with a culvert under west 78th :3treet that flowed into the lake south of the highway. There was a ditch north of the nand that ran west into another ditch that flowed into Purgatory 'Creek. blter.Poto Nark made their parking lot they filled the oricinal pond and made another one farther east. Thit closed the culvert between the pond and the lake. Usunlly the water went from the small pond into the lake but when the lake became high from heavy rain r the water went from the lake into the small pond and into the ditch that flowed Plto Purgatory Creek. hen iiieway 5 mt, changed and Highway 474 was built the ditch was abandoned. ?orthern Statet Power also erected some poles over this outlet. Planning Commission Minutes -5- April 14, 1980 The Planner stated that there is a possibility that the Braun's development could, provided they had co-operation from the LeParc development to the north, obtain a second access through the LeParc site to Shady Oak Road. Bentley inquired how much of the hill would be graded and if the proponent had considered the possibility of building in- to the hill. Worthington stated that Braun's is planning to bring the hill from an elevation 934 to an elevation of 882 ( a total of 52 feet of cut) and use this cut to fill the western portion of the site which is low at this time. He also stated that be- cause of the building% use, building into the hill would not be possible. Sutliff inquired if its possible for Braun's to co-operate with Hennepin County in the the development of Valley View Road in the area of grading. The Planner stated that the City has talked with Braun's and are planning to work out some type of an agreement as to what they should be expected to do. Retterath asked for audience comments. ALL MEMBERS PRESENT TORJESEN ON LEAVE OF ABSENCE Bearman inquired how much truck traffic this development would have and at what time of day would the traffic occur. Mr. Braun, Braun's Fashions, stated that there would be approxi- mately 20 trucks servicing this building a day, most of which would come between the hours of 8:00am and 1:30pm. He also stated that there would be no truck traffic at all after 4:30. Bearman stated that he felt that something should be done to protect the surrounding residents from pollution and dust during development of this project. MOTION: Bentley moved, Gartner seconded to continue the Braun's public hearing to the April 28, 1980 meeting. Motion carried 3 - 2 - 1. (Bentley, Gartner, and Sutliff voting aye) (Levitt and Retterath voting nay) (Beaman abstaining) . NORTHERN STATES POWER COMPANY, Request for PUD Development 'Stage approval in order to construct an N.S.P. substation upon 12 acres zoned 1-2 Park. A public hearing. Don Chimeil N.S.P., gave a brief presentation of what they are planning to build. He explained what type of materials they are planning to use and the location of the proposed substation. Keith Wehrman, Landscape Architect, gave a brief presenta- tion on the landscaping planned for screening the substa- tion from surrounding sites and highways. 1150 Planning Commission Minutes -6 - April 14, 1980 Bentley inquired about the radius of curvature for emergency vehicles utilizing the substation access road. Don Chimiel explained that the radius was planned to accommo- date a semi-trailer Levitt inquire why the proponent chose Eden Prairie for it substation location. Chimiel replied that this location in Eden Prairie was an Ideal location because of'the intersecting of two main power lines on this site. Retterath inquired about the height and visability of the timber walls. Wehrman stated the timber walls were utilized only to supple ment the earth berms where they were not high enough. The wall would range in height between 2 and 6 feet and in one small area would be nine feet. Walter Carpenter, Carpenter-Taylor Mfg Co., 1300 West 78th Street, inquired about the type of building material. Chimiel stated that the substation itself would be 'architectural steel poles. Paul Anderson (legal counsel representing Calvin Anderson) went over the concerns of his letter dated April 14, 1980. James Vanwinkle, representing Foto Mark Inc., stated that because of easement demands on the 'Foto Mark property already granted to N.S.P. it is impossible for Foto Mark to expand to the north or east at the present time. He stated that if N.S.P. builds their substation on this proposed site, it will call for an additional easement on the north .portion of the Foto Mark property making the remainder of the of their build- able land virtually useless. • The Planner went over the recommendations of the staff report dated 4-9-80. MOTION: Retterath moved, Gartner seconded to continue the public hearing on N.S.P. to the April 28, 1980 meeting. After Cm:mission discussion Retterath withdrew-her motion. MOTION: Bentley moved, Sutliff seconded to recommend to the City Council approval of the Northern Stated Power Companys request for Planned Unit Development Stage approval for an N.S.P. Electrial Substation according to the plansdated4-14-80 per the recommendations.of the staff report dated 4-9-80. Motion carried 4 - 2. (Retterath and Gartner voting nay). us STAFF REPORT TO: FROM: APPLICANT: REQUEST: PROJECT LOCATION: DATE: BACKGROUND Planning Commission Chris Enger, Director of Planning Northern States Power Company PUD Development Stage Approval for con- struction of an Electrical Substation with height, building material, and set- back variances and land alteration permit. 12.3 acres of land located between West 78th Street T.H. 5 north of Rosemount Inc. April 9, 1980 The existing zoning on the parcel is 1-2 Park. This zone allows industrial use on a site 2 acres or larger in size. This site is part of the Major Center area PUD. The site proposed actually fronts two roads, T.H. 5 and West 78th Street. The 1-2 zoning catagory would require a 50' setback of all structures from .. the R.O.W. line. This would have to be waivered for the existing and pro- posed towers leading to the substation which are within 20' of the R.O.W. line. The district has a maximum heightfor the main structure of 40' and a maxi- mum additional height of 25' for towers is permitted. The height of the main portion of the substation is 35', however, the towers are in excess of 100', therefore a variance to height limitation is sought. Construction of the substation will also result in more than a 10% alter- ation of the site, which requires City Council review. NEED FOR THE SUBSTATION As detailed in the material submitted by N.S.P., because of growth in Eden Prairie, there will be a need for this substation by 1985-86. This growth was evidently not anticipated by N.S.P. in the late 1960's. N.S.P., at the City Council's direction,applied to the State Environmental' Quality Board for a permit to build the substation prior to submitting for land use approval to the City. EXISTING CONDITIONS There are two existing homes on the site, one of which is used for a realty office. These buildings and approximately 15 mature oak trees will be removed as part of construction. I152 Northern States Power -2- April 9, 1980 SITE PLAN As illustrated in the grading and sight line drawings submitted by N.S.P., the lower 35' of the structure would be screened in all cases from sur- rounding public roads. The lower 35' is the 'busiest' portion of the structure visually. The portions of the structure extending above 35' would be single 'architectual' metal poles and the connecting wires. The traditional 'lattice' work steel most often seen in substations would not be used here. Screening of the lower portion of the structure would be accomplished through extensive use of earth berms, timber walls, and vegetation. The base elevation of the substation is 852'. Longer views to the structure from the north, (Menard's and Minnesota Tree) are more difficult to screen .because the land is higher, ranging from 860' to 900'. Although a land- scaping plan has been submitted, it is apparent that the plant sizes and numbers will have to be increased, Additional evergreens should be added also. The Planning Staff would suggest possibly planting a portion of the northern screening vegetation at this time in order to gain an additional 5 years of growth. Of course the best situation would be to grade the site and plant all of the vegetation at this time. • RECOMMENDATIONS The Planning Staff recommends approval of the PUD Development Stage for an .14.S.P.Elictrical Substation subject to the following: 1. That an erosion and sedimentation control plan be submitted to the Riley/Purgatory Creek Watershed District for review and approval prior to construction. 2. That a revised Planting Plan be submitted to the Planning Staff for review and approval prior to review by the City Council. Such plan would include additional plant material as necessary . in size, specie, and number, to accomplish screening of the 'lower 35' of the substation structure from land uses lying to the north. 3. N.S.P. should consider preparation and planting of the site at this time in order to allow 5 years ofplanbnaterial establish- ment. 4: The cash park fee of S1,400/acre or additional amount as may be applicable at the time of building permit be paid prior to Issuance. 5. Waiver of the height, material, and setback provision of Ordinance 135 as required by the information submitted on March 26, 1980 should be granted as part of the PUD Develop- ment Stage approval. ii c3 Licz NORTHERN STATES POWER COMPANY MINNICAPOLIS. PAINNZINOTA 50401 March 25, 1980 Mx Roger Ulstad, City Manager City of Eden Prairie ' • 8950 Eden Prairie Road Eden Prairie, MN 55344 SUBJECT: 345/115 kv Transmission Lines Substation Development in Eden Prairie through the Early 1990s Northern States Power Company (NSP) is proposing to construct a 345/115 kv electrical substation in the City of Eden Prairie and connect this substation to both the existing Westgate and the Edina substations with a new double circuit 115 kv capacity transmission line replacing the existing 115 kv double circuit lattice steel towers. Since the existing 345 kv and the 115 kv lines cross near Highway #5, a substation near this location would greatly reduce the need to build more transmission lines. The new proposed substation will be required in 1985-86 with the existing 115 kv double circuit transmission lines upgraded in 1987-89 and 1990-95. The new 115 kv lines will be carried on single shaft steel poles except at angle points. The total project cost on the substation in 1985 will be $8,386,000 with an approximate tax base of $304,633 for this facility. Vegetation - Removal of the vegetation (trees, grass and shrubs) is necessary for the subsite proper and location of the trans- mission line tap. Vegetation surrounding the subsite will receive a minimal amount of disturbance such as crossing by equip- ment resulting in compaction. Initial Development - Initially one 400 MVA, 345-115 kv auto transformer, two 345 kv lines, one 345 kv gas circuit breaker, two 115 kv lines and three 115 kv, 3000 ampere oil circuit breakers will be installed. The initial facilities will include a 20 x 50 foot colored metal control house. The site will be graded for the ultimate develop- ment. Near future plans provide for an additional two 115 kv lines and two 115 kv breakers. Ultimate Development of Substation - The proposed ultimate design provides for two 400 MVA, 345/115 kv auto transformers, two 345 kv lines, a 115 kv ring bus with four 115 kv lines, two 70 MVA, 115- 13.8 kv LTC transformers and eighteen 13.8 feeders. The ultimate fenced area will be approximately 600 feet by 300 feet. I I5 CHMIEL, Staff Assistant Environmental & Regulatory Activities Department NORTHE. .04 STATES POWER COMPANY Roger Ulstad Page 2 March 25, 1980 Physical Design - The substation buses will be rigid tubular aluminum supported on structural steel stands. Both the 345 and the 115 kv equipment arrangements will be of the low profile design with the highest bus under 35 feet. The proposed tap of the 345 kv will consist of approximately 600 feet. It is anticipated the 345 kv portal towers will be of a tubular steel design. The 115 kv portal towers will be constructed of a tapered wide flange steel beam. The substation site will be approximately 500' x 800' in size. NSP has taken into consideration the fact that landscaping, bearming and walls will be required for an aesthetic treatment for location of the proposed 345/115 kv electrical substation. Attached with the informational letter we have drawings indicating this proposal. In addition to this proposal we are including the Exemption Appli- cation that was submitted to the Minnesota Environmental Quality Board on December 11, 1979 and approved by the Board on February 21, 1980. R G Thomas, General Manager Minnetonka Division ye attachment it 5-5 • • NORTHERN STATES POWER COMPANY NNNNN 01.1111. MtNveSOYA 78401 December 11, 1979 Mr Arthur Sidner, Chairman Minnesota Environmental Quality Board Capitol Square Building 550 Cedar Street St Paul, MN 55101 EXEMPTION APPLICATION City of Eden Prairie 345 kv Double Circuit Tap and Associated Facilities Northern States Power Company hereby respectfully request s a n exemption from the Powar Plant Siting Act in accordance w i t h Mn. Statutes 116 C37 Subd. 5 for a 345 kv transmission line tap and associated facilities in the City of Eden Prairie, Mi n n e s o t a . This line will be approximately 600 feet long and will co n n e c t to a proposed 345-115 kv electrical substation (see attach e d maps). The proposed construction will begin in the spring o f 1984 and be in service by summer 1985. Attached is the necessary information for the exemption of t h e 345-115 kv transmission tap and associated facilities. In accordance with the rules governing exemption request, c o p i e s of this application have been sent to the mayor and City Co u n c i l of Eden Prairie, Minnesota, Hennepin County and the Metropo l i t a n Council. The attached public notice will be placed in the Finance a n d Commerce Daily newspaper, Eden Prairie News, the City's of f i c i a l newspaper and Eden Prairie Sun. '7 A V BENKUSKY, General" Manager Environmental S Regulatory Activities Department we attachments NORTHERN STATES POWER COMPANY EXEMPTION APPLICATION 345 kv Substation and Transmission Tap Structure Introduction Communities in the southwestern Twin Cities suburban area are among some of the fastest expanding in the metropolitan region. These communities include Minnetonka, Bloomington, and Eden Prairie. High growth activity in this area will cause a need for new electric transmission facilities to serve this area by the mid 1980's. This Exemption Application describes the need for a new electric transmission source in Eden Prairie and the alternate plans to accomplish this and the environmental impact associated with the alternatives. Electric Service in the Twin Cities Area Communities within the Twin - Cities metropolitan area have tended towards a higher density development than most of the other regions in Minnesota. Recognizing this, NSP has developed a major 345 kv (345,000 V) transmission loop around the Twin Cities area. This loop was developed to supply the electrical requirements of the area for a similar reason that the freeway system was developed around the Twin Cities to meet the high capacity transportation needs. Major power supply substations were developed around the 345 kv loop to input power into the 115 kv transmission system which supplies the local communities. The sources of the electric power used by communities in the Twin Cities area are generating plants located on the 345 kv loop. There are also smaller generating plants at various locations on the 115 kv transmission system in the Twin Cities area. The philosophy was to locate generating plants at several locations NORTHERN STATES POWER COMPANY Page 2 around the 345 kv loop in order to minimize new transmission development. Part of the plan was to locate a major generating plant in the southwestern corner of the Twin Cities area near Shakopee. Previous arrangements were made with Eden Prairie to supply the electric power requirements in the southwestern Twin Cities area communities based on the development of a gen- erating plant in Scott County near Shakopee. This involved development of a 115 kv transmission line from the plant site through Eden Prairie to the Westgate Substation. Through a plant siting process involving a citizens advisory group and a Minnesota state agency, the proposed generating plant near Shakopee was developed northwest of the Twin Cities in Sherburne County. This change in generating plant location required modi- fication to the transmission development for the southwestern ' portion of the Twin Cities. The attached map (Exhibit A) indicates the amount of electric power expected to be supplied to the Twin Cities area from various gen- erating sources located on the 345 kv loop during the mid 1980's. Most of this power is generated from plants in the northwest. In fact, some of this power is delivered through the 345 kv loop south into rural south central Minnesota. Electric power for communities in the southwestern Twin Cities area is supplied primarily from the Parkers Lake Substation located in Plymouth. The Blue Lake Substation in Shakopee also supplies some of the electric power required in this area. However, since much of the electric power supplied to the southwestern Twin Cities area is from the north, Parkers Lake Substation delivers much more of the power into the 115 kv system than Blue Lake Substation (Exhibit B). /15-8 NORTHERN STATES POWER COMPANY Page 3 Growth in the Southwestern Twin Cities Area Communities The communities in the southwestern portion of the Twin Cities are presently among the fastest expanding of the entire metro area. The residential, commercial, and industrial development that is taking place also means electric power usage in the area will increase. Since 1968 communities in the southwestern Twin Cities area have experienced an average annual growth in electric peak demand of 10 percent per year. There is evidence that in general this growth rate is slowing down. However, we do expect that development in these communities through the mid 1980's will cause an electric peak demand growth of approximately 4 percent per year. The community of Eden Prairie is one of the fastest growing in • the southwestern Twin Cities area. Over the past 10 years Eden Prairie has increased its average electric energy use by 14 per- cent per year. It is apparent, by examining a number of indicators, that growth in Eden Prairie will continue. Construction has been occurring at a rapid rate and current plans indicate this should continue. Approximately 20 new office warehouses or office buildings in Eden Prairie have been connected to the NSP distri- bution system already this year. Several housing developments are under way south and west of Anderson Lakes. Some proposed con- struction which has been identified for development in Eden Prairie by 1985 includes three industrial parks and seventeen office or office warehouse buildings. .• The percentage increase in enrollment in Eden Prairie School . District 0272 is expected to be 7.3 percent between 1978 and 1979. This is the second highest increase in the eight-county metropolitan area and the only increase over 2 percent in the southwestern Twin Cities communities. 1 I151 NORTHERN STATES POWER COMPANY Page 4 The ongoing development in all communities in the southwestern area, especially in Monnetonka, Eden Prairie and Bloomington, will result in increasing electric power usage in this area and will cause equipment in the Parkers Lake Substation to be loaded above its capacity by 1986. A temporary solution to the need for increased capacity in the southwestern Twin Cities areas was provided a few years ago by operating one of the two 345 kv lines between Parkers Lake Sub- station and Blue Lake Substation at 115 kv and supply the communi- ties of Eden Prairie, Bloomington, Minnetonka and Edina from this line. However, operation of t!.c 3)5 kv line at 115 kv restricts the amount of power that can be delivered from the 345 kv loop into 115 kv transmission system. By the mid to late 1980's this trans- mission line will again have to operate at 345 kv as an integral part of the high voltage power transmission loop. Exhibits C and D describe the load forecast and give a more detailed account of the need for additional transformer capacity in this area. Electric Power Supply Alternatives If no other major facilities are constructed, Parkers Lake Sub- station will continue to be the primary electrical source to the southwestern Twin Cities area communities. The continued increase in electrical load growth expected by 1986 will increase power flows and could damage equipment (345-115 kv transformers) at Parkers Lake thus causing an interruption of service. In addition, by the mid to late 1980's we will need to return the existing 115 kv line from Parkers Lake Sub to Blue Lake Sub to 345 kv. There are basically three alternatives to remedy this situation (however, only two of the alternatives will work given the existing electrical system in the southwestern Twin City area). NORTHERN STATES POWER COMPANY Page 5 The first alternative is to add an additional 345/115 kv trans- former at Parkers Lake Substation. This would relieve the loading on the existing transformers and prevent damage to the equipment. In order to provide for increased electric41 .growth south of Parkers Lake Substation some of the existing outlets from Parkers Lake would have to be upgraded. Specifically the two mile long Parkers Lake to Gleason Lake 115 kv line would have to be rebuilt to double circuit 115 kv and the existing eight mile long Gleason Lake-Glen Lake- Westgate 69 kv line would have to be replaced (either rebuilt in place or on a new route) with a double circuit 115 kv line. These new lines would pass through the communities of Minnetonka, Plymbuth, Wayzata and Eden Prairie. These cities have various permit require- ments for construction of transmission lines. The second alternative will not electrically work with the present distribution of electrical facilities but we are including it to illustrate the interdependence of the electrical system. The second alternative would be to build a double circuit 115 kv line from Blue Lake Substation to Westgate Substation - a distance of 7-8 miles. This alternative was viable when a generating unit was considered for Sibley or Scott County and will not work unless a source of at least 400 megawatts is connected to the Blue Lake Substation. The third and preferred plan would be to construct a 345/115 kv substation in the City of Eden Prairie and connect it to both the Westgate and Edina Substations with a new higher 115 kv capacity •• nnn••• NORTHERN ESTATES POWER COMPANY Page 6 transmission line. Since the 345 kv line and the 115 kv line cross near Highway 45 and 4494, a substation near this location would greatly reduce the need to build additional transmission lines and will satisfy the growing electric power needs in the area where the need is increasing the fastest. Not only does the development of a 345-115 kv substation in Eden Prairie minimize the physical impact of developing new facilities but it is also the lowest cost alternative. Supplying the increasing electric power requirements from Parkers Lake Sub- station would require an investment between $13 and $14 million during the 1986-88 time period. Supplying the power . from facili- ties in Eden Prairie would require an investment of approximately $7 million over the same time period. Environmental Setting Community The substation site property consisting of 12.3 acres is now for sale. Located on these propertiei are: 1. Residential home (which is rented). 2. Another residential house used for offices of a real estate business. 3. Photo factory to the south of the subject sub site, basically not affected. 4. Across the road from the sub site is Rosemount Industries with the balance of the property listed as industrial sites. There are no known historic or archeological sites in the vicinity of the proposed site. 110 NORTHERN STATES POWER COMPANY Page 7 Noise The noise level of the operation of the proposed substation will not result in attaining any additional noise problems to the area because it is adjacent to Highways 494 and 5. It is a very compatible location. Environmental Description Geology The study area is located in the northwest corner of the Owatonna Moraine physiographic area. This area is within the Minnesota River drainage basin. Soils and Hydrology The soils of the study area of the Estherville-Dickman-Dakota Association; nearly level, to hilly, moderately coarse textured and medium-textured soils underlain by sand and gravel. The study area is interspersed with small lakes and marshes. Purgatory Creek flows through the study area. Vegetation The original vegetation of the study area was Oak Savanna with the trees being predominantly bur oaks. The existing vegetation consists of grasses (predominantly blue grass and brome grass), scattered shrubs (hazel, dogwood and prickly ash) and trees (American elm, bur oak, boxelder, poplars and willow). 1143 NORTHERN STATES POWER COMPANY Page 9 Wildlife Wildlife in the area of the proposed project are species typical of east-central Minnesota. Some representative species are as follows: ring-necked pheasant, mallard, red-winged blackbird, field sparrow, plains pocket gopher and striped skunk. Environmental Imoacts Geology and Soils Construction and operation of the proposed facility will not affect the geology of the study area. The soil type on the pro- posed site is "fill land", a miscellaneous land type that consists of soil material that has been used to fill in depressions. Construction of the substation will require stripping, grading and placement of gravel for final grade. Exposed soil outside of the substation will be landscaped (leveled and seeded) to prevent soil erosion. Hydrology The area's water table level, groundwater recharge zones and water quality will not be adversely affected by the proposed construction and operation of the substation. Landscaping and seeding will preclude soil erosion resulting in sediment layden runoff. Wildlife Significant wildlife habitat does not exist in or immediately adjacent to the project site, therefore little change is expected in the existing wildlife populations. There are no rare or endangered species of wildlife known to inhabit the study area. NORTHER. N STATER ROWER COMPANY Page 9 Vegetation Removal of the vegetation (trees, grass and shrubs) is necessary for the subsite proper. Vegetation surrounding the subsite will receive a minimal amount of disturbance such as crossing by equip- ment resulting in compaction. Initial Development Initially one 400 MVA, 345-115 kv auto transformer, two 345 kv lines, one 345 kv gas circuit breaker, two 115 kv lines and three 115 kv, 3000 ampere oil circuit breakers will be installed. The initial facilities will include a 20 x 50 foot colored metal control house. The site will be graded for the ultimate develop- ment. Near future plans provide for an additional two 115 kv lines and two 115 kv breakers. Ultimate Development of Substation The proposed ultimate design provides for two 400 MVA, 345/115 kv auto transformers, two 345 kv lines, a 115 kv ring bus with four 115 kv lines, two 70 MVA, 115-13.8 kv LTC transformers and eighteen 13.8 feeders. The ultimate fenced area will be approximately 600 feet by 300 feet. Physical Design The substation buses will be rigid tubular aluminum supported on structural steel stands. Both the 345 and the 115 kv equipment arrangements will be of the low profile design with the highest NORTHERN STATES POWER COMPANY Page 10 • bus under 35 feet. The proposed tap of th e 3 4 5 k v w i l l c o n s i s t of approximately 600 feet. It is anticipated the 345 kv portal t o w e r s w i l l b e o f a t u b u l a r steel design. The 115 kv portal towers w i l l b e c o n s t r u c t e d o f a tapered wide flange steel beam. The substation will be enclosed with an aesthetic wall, appr o x i - mately in size of 500' x 800' with lan d s c a p i n g t o s o f t e n t h e appearance of substation site. Cost Estimate Exhibit E gives an indicative cost es t i m a t e o f t h e s e p a r a t e portions of the two alternatives. • •• 'VP •••••=1C• wax awn IONSHILUI aca 01611 SOUTHWESTERN TWIN OITIES lvii MILS tWlW swimmer avow samo fai•mala Ulm neap 4.0n1 MGM WO N. • • • GENERATION FACILITIES 0 SUSSTATIONS* On. ,04a 1V-ft 11 ,I•P••• Ma. • 1-.,••••:7:7!1' • !. • -,-5'"• r: I ;" ,• Lif bi L 4KAAKi.6.4m. A.-7,7,;••'7P • -; I 1-'1 QUI PAR K? .:1; 4\7 I • - . • . r2:'`• • V1.7 t " • ALTERNATE - ROUTES CORPORATE BOUNDARIES 345/230 kv LINES 1 1 5 kv I.INF.S 69 kv LINES :MP OMNI •n•nnn •••n• ••n• SUBSTATIONS • POWER PLANTS() a r, 4.. .-,....„-,....„.....„......,.. ., 2.....1_,..... . - ..P„....0....-....7.- (i . sr ---1 . ' • t'''-z,...1)fr•.,2 ---r , ',.....1..•_ '- I.: ijel.lrel:.:i ,..„... :; .1, 1:::.10 I .11 II II: fi T 1 A --A ,,f 11•V" (I. A4,1 r•• '1 • .....- ... - . ',..... °' °71' '1 , ..i-,! •-•-2.-'•I --if I - ' .44.-If' ...j. ZeIrm 1 ' _ ,” .0 r. 1 1 y....rAt.....7.1.1 ••••-.....:. I ..----,--- :r, :',,--'! 7 I, il: '.`,.;I If ..,, I I 1 •-• h _.1 /, ...( •„ -..,„__A_____,_ 44,,,-• N ....., ..,..,-.J. ( 1,,,.,do,..7 _,.....--,1- ...) ,.., . ...,..,...-,!r, -,,•/,' .." i—i _ 171,.... . • I. ,11 L,•••••••• 1 jl. •,..k•--iAt 'Or'-"' I ',7!::•-•,A3 '4 ' "`4•'<••4 iL•• ••r‘..., D 174A - 1 T11 11,7,7,1 ......m.....,.. — r v......,_ .. 4.J 11. --.... ;,,,,:..-N.,,,, , 1.... .,, i,...H 1 8. ''s, '' , % ._._:..z.__..„ i x. i_.• !,...„,...,/ .1::..,.,1,,,...... , ;., ;., . n i 7 , ; , - .; .;. • . aixi et : ..v,I.............,:,:_l, ........F.,-;,...--..,-...... . , .. , . , _ ....• . • .....,••••••,::-..,.....:• . •.-:-.. r,...., 'N' 1 1... _ ..., t.,t.- .. ,,•_ • ...., 14 t'i ..•••", ' ; •+ • 2 I 1 . .• ,,.. • -....,.. i 4.-,-=::=,-- ill WE LAK,., --......_ ','11.::::). - —! .--*'...•'' - k c an-.1-;._ ---- 4; •,. „ OD • ....1.;;;.,A 'ZI..ts: . '''''‘.111. ... • '14--•.—i. A ' -..Vij, ---... PROPOSED A SUBSTATION BLUE LAKE SERVICE AREA PARKERS LAKE SERVICE AREA I EXHIBIT C SOUTHWESTERN TWIN CITIES LOAD FORECAST' The southwestern area of the Twin Cities has historica l l y b e e n o n e of the faster growing areas. In 1967, this area had an e l e c t r i c load of 216 MW. In 1978,.this load was 630 MW._This_sh o w s a n average yearly annual growth of 10.2 percent. However, t h e e f f e c t s of the oil embargo slowed this growth rate in the late r y e a r s . I n 1974, the total areas' load was 502 MW. This gives an a v e r a g e growth rate of 5.8 percent through 1978. Since 1975, t h e t o t a l areas' growth has been a fairly constant 2.5 percent per y e a r . As can be seen from our forecast, the whole southwestern a r e a i s expected to continue growing at About 2.5 percent. Muc h o f t h e eastern half of this area is in the now established sub u r b s , s u c h as Edina and St Louis Park. There is not a lot of room l e f t f o r expansion in these suburbs and it results in a lower gr o w t h r a t e . However, in the newly developing suburbs such as Eden P r a i r i e , western Bloomington. and eastern Minnetonka, there is mu c h m o r e available land for expansion, and the growth rate of el e c t r i c l o a d is expected to be substantially higher. The average g r o w t h r a t e expected in this portion of the southwest area is abou t 4 p e r c e n t per year. • IM (7- • • EXHIBIT D .REQUIRED NEED FOR ADDITIONAL 345-115 kv CAPACITY IN SOUTHWEST TWIN CITIES AREA Attached are two diagrams showing the expected flow of power during the 1984 summer peak. Under normal conditions Parkers Lake Substation is expected to carry approximately 600 MW in 1984. If an equipment failure at Parkers Lake results in the removal of one of the two 345/115 kv transformers at Parkers Lake from the system, the remaining transformer loads to 482 MW or 107 percent of the transformers capacity. By 1986, this load would be 520 NW or 116 percent.of the trans- former's capacity. This exceeds the maximum overload NSP will allow on a transmission transformer. Any higher overload could result in damage to the transformer. EXHIBIT E DEVELOPMENTS REQUIRED WITH THIRD PARKERS LAKE TRANSFORMER ALTERNATIVE Year Development 1986 Add a third 345-115 kv transformer at Parkers Lake and related facilities 'Estimate $ 3,615,200 higher capacity $ 1,567,500 1988 Reenergize existing temporarily derated Parkers Lake-Blue Lake 345 kv line and relate facilities '$ 988,800 Build a Gleason Lake-Glen Lake-Westgate 115 kv line and related facilities $ 3,146,900 Rebuild existing Parkers Lake-Gleason Lake 115 kv double circuit $ 2,530,500 Rebuild Medicine Lake-Aldrich 115 kv line to higher capacity •- • $ 1,721,400 Total Investment $ 13,562,300 DEVELOPMENTS REQUIRED WITH THE EDEN. PRAIRIE SUBSTATI O N A L T E R N A T I V E Year Development 1986 Build an Eden Prairie Substation and related facilities Rebuild Aldrich-St Louis Park 115 kv line to higher capacity Estimate $ 3,863,700 $ 1,464,900 1987 Rebuild Medicine Lake-Aldrich 115 kv line to higher capacity $ 1,608,700 1987 Rebuild Aldrich-St Louis Park 115 kv line to Total Investment $ 6,937,300 tilt gE pz.; .74o G;LF.ArSObt Per.,t2 1 LA'rel 1 1 At.s>cz at-% M7c-n. L A KE. ) t-) . 125 '496 PEEPHAVEW I 10 4:3- I a-Leg ti-r- 5...Slag • 11), IS PARK 52 Et="t W11.60: 73 liVeSiCIAZTE, me Flows in Megawatts (Mw) HYLANtt, LAKE 33-' _ w 19'34 Sumner Peak Power Flows in Southwestern Twin Cities area. ••• GILEASCM•4 LAM/ Al-tgat.4 ST.LOWS PARK I,V..51:11AVEt4 2SELAM45;t ec:,1 5 G9 WILE' WeSra4.ANIV. HYLAMI> L•644.e. Power Flows in Megawatts (KW) 1904 Summer Peak Power Flo.. Outage of ono Parkers.Lake Transformer .0t...ue. LAY-a 12.9 71 Southwestern Twin Cities Area Load Forecast Load (HW) tub 1978 1979 1980 1981 1982 1983 1984 1985 1986 ledic Je Lk 118.3 118.0 119.7 121.3 122.9 124.6 126.4 128.3' 130.1 k Louis Pk 121.8 122.5 124.0 125.7 127.4 129.3 123 :5 125.4 127.3 :dina 140.7 142.6 147.2 151.0 154.4 158.1 161.6 165.4 169.3 'arkers Lk 43.6 44.1 45.4 48.5 49.9 51.6 53.1 54.7 56.3 iestgate 34.9 35.8 18.3 41.2 44.3 48.0 50.2 52.6 55.1 lyland Lk 44.3 45.3 48.0 50.4 52.9 55.7 58.3 61.1 64.1 due Lake 11.7 13.7 14.6 15.0 15.6 16.3 16.8 17.3 17.8 aeason Lk 39.3 38.8 40.1 41.4 42.7 44.2 45.8 47.4 49.1 )eephaven 18.5 19.1 21.5 22.3 23.1 24.0 24.7 25.4 26.2 :xcelsior 11.8 11.2 10.6 10.8 11.1 11.3 11.6 11.9 12.2 :len Lake 45.1 43.7 45.0 46.4 47.8 49.4 51.0 52.7 54.5 . :OTAL 630.0 634.8 654.4 674.0 692.1 712.5 723.0 742.2 762.0 Average Growth Rate 2.4% •• • Area High Growth Substations 1978 1979 1980 1981 1982 1983 1984 1985 1986 :estgate 34.9 35.8 38.3 41.2 44.3 48.0 50.2 52.6 55.1 lyland Lk 44.3 45.3 48.0 50.4 52.9 55.7 58.3 61.1 64.1 quo Lake 11.7 13.7 14.6 15.0 15.6 16.3 16.8 17.3 17.8 :lesson Lk 39.3 38.8 40.1 41.4 42.7 44.2 45.8 47.4 49.1 leephaven 18.5 19.1 21.5 22.3 23.1 24.0 24.7 25.4 26.2 :xcelsior 11.8 11.2 10.6 10.8 11.1 11.3 11.6 11.9 12.2 aen Lake 45.1 43.7 45.0 46.4 47.8 49.4 51.0 52.7 54.5 :OTAL 205.0 207.6 218.1 227.5 237.5 248.9 258.4 268.4 279.0 Average Growth Rate 3.9% Westgate Growth Rate 5.9% LD-80-PUD-06 Northern States Power Substation CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 80-83 A RESOLUTION APPROVING THE NORTHERN STATES POWER SUBSTATION PLANNED UNIT DEVELOPMENT AND AMENDING THE 1968 GUIDE PLAN AND THE MAJOR CENTER AREA PUD WHEREAS, the City of Eden Prairie has by virtue of Ordinance 135 provided for the Planned Unit Development C PUB )_of certaia areas located within the City, and WHEREAS, the Northern States Power Substation PUD is conside r e d a proper amendment to the 1968 Comprehensive Guide Plan and the M a j o r C e n t e r Area PUB, and WHEREAS, the City Planning Commission did conduct a public h e a r i n g on Northern States Power Company's request for PUD approval f o r t h e construction of a substation operation and recommended approval of the PUD Concept to the City Council, and WHEREAS, the City Council did consider the request on May 6, 1 9 8 0 . NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Pr a i r i e , Minnesota as follows: 1. The Northern States Power Substation PUD, being in Hennepin County, 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 as outlined in the application material dated December 11, 1979 and March 25, 1980. 3. That the PUB meet the recommendations of the staff report dated April 9, 1980. ADOPTED, by the City Council of Eden Prairie this day of 1980. ATTEST: Wolfgang H. Penzel, Mayor John D. Frane City Clerk SEAL 1115 EXHIBIT A RESOLUTION 80-83 That part of the Southwest 4 of Section 11, Township 116, Binge 22, Hennepin County, Minnesota lying South of the Southerly right-of-way line of New State Highway No. 5 and northerly of the Northerly right-of-way line of Old State Highway No. 5, except that part lying East of a line drawn parallel to and 292.45 feet East of the West line of the Southeast 4 of said Southwest 4. •• Minnesota - Environmental Quality Board 100 Capitol Square Building 550 Cedar Street St. Paul, Minnesota 55101 Phone In the Matter of the Application by Northern States Power Company (4, , for an Exemption from the Power Plant Siting Act. A% v1)- 6\.n APR 18 1980 ORDER EQB DOCKET NO. NSP-EA-5 345 kV High Voltage Transmission Line 345/115 kV Eden 4.3rairie Substation and Associated Facilities. The above referenced matter came before the Minnesota Environmental Quality Board at a regular meeting thereof on February 21, 1980. On December 11, 1979 pursuant to Minn. Stat. 116C.57 Subd. 5 (1978) and 6 MCAR 5 3.078 (1978) the Minnesota Environmental Quality Board (MEM received from the Northern States Power Company an exemption application for a 345 kV high voltage transmission line, a 345/115 kV substation and associated facilities. Having considered the information contained in the application, the staff report, and all other natters of record herein, the - Board makes the following: CONCLUSIONS 1. That the provisions of Minn. Stat. S 116C.57 Subd. 5 (1970) and 6 MCAR S 3.078 (1978) regarding exemptions of certain facilities from the terms of the Power Plant Siting het have been complied with; and 2. That the construction of the proposed 345 kV high voltage transmission line, the 345/115 kV substation and the asso- ciated facilities will not create significant human or environmental impact. ORDER That the above-captioned application he and hereby is granted pursuant to Minn. Stat. S 116C.57 Subd. 5 (1970) and 6 MCAR S 3.078 (1978). Approved and adopted this 21st day of February, 1900. Arthur Sidner, Chairman Environmental Quality Hoard I AN EQUAL OPPORTUNITY EMPLOYER AVP040 Minnesota Environmental Quality Board 100 Capitol Square Building 550 Cedar Street St. Paul, Minnesota 55101 Phone NOTICE OF GRANTING APPLICATION FOR EXEMPTION TO NORTHERN STATES POWER COMPANY In the Matter of the Application by Northein States Power Company for an Exemption from the Power Plant Siting Act. MEOB DOCRET NO. NSPT:EA-5 345 kV High Voltage Transmission Line, 345/115 kV Eden Prairie Substation and Associated Facilities On February 21, 1980, the Minnesota Environmental Quality Board (MEQB) approved the Northern States Power Conpany (NSP) applica- tion for exemption from the Power Plant Siting Act forthe construction of 600 feet of 345 kV high voltage transmission line, the 345/115 kV Eden Prairie substation and the associated facili- ties. The transmission line and substation are to be constructed in the City of Eden Prairie at a location in the southwest quadrant of the Interstate 494, Highway 5, and Highway 169/212 interchange. The survey description is: That part of the Southwest 1/4 of Section 11, Township 116, Range 22, Hennepin County, Minnesota lying South of the Southerly right of way line of New State Highway No. 5 and Northerly of the Northerly right of way line of Old State Highway ND. 5, except that part' lying East of a line drawn parallel to and 292.45 feet East of the West line of the Southeast 1/4 of said Southwest 1/4. The substation will require a fenced area of 600 feet by 300 feet (about 4 acres) and an access road to W 78th Street. About 12.3 acres are proposed to be acquired. The substation will intercon- nect an existing 345 kV transmission line located 600 feet Iron the substation with an existing 115 kV transmission line which passes through the proposed site. The •EM concluded that the construction of the proposed 343 kV transmission line, the 345/115 kV Eden Prairie substation and the associated facilities will not create significant human or environmental impact. int.CAN EQUAL OPPORTUNITY EMPLOYER 461164 * In making its decision the MEQB considered the application sub- mitted by NSP, the staff report, and all other matters of record. No objections from parties with legal standing were filed with the MEES. The granting of this exemption requires NSP to comply with any applicable state rule and any applicable zoning, building and land use rules, regulations and ordinances of any regional, county, local or special-purpose government. If you have any questions contact John P. Hynes, Permit Compliance Manager, 15 Capitol Square, 550 Cedar Street, St. Paul, Minnesota, 55101 or call 612/296-2871. Dated this 3 day of April, 1980. Arthur E. Sidner, Chairman Environmental Quality Board TO: Mayor and Council FROM: John Frane DATE: May 2, 1980 RE: Resolution 80-84, MIDB'S Vikings II - $6,000,000 Vikings II are requesting preliminary approval of their project which consists of an office, training and practice facility. The Vikings believe that current economic conditions are unfavorable and have not obtained a commitment for permanent financing. They are asking the City for preliminary approval of their project with financing to consist of a two year IDR with permanent financing to be arranged by them before the end of the two year term. This process will probably require two final resolutions by the City. The first final resolution would be for the two year IDR and would contain a provision which would commit the City to the passage of the second resolution providing for the permanent financing. Both IDR'S would be private placements. The second reading of their zoning ordinance is on the May 6, 1980 agenda. •• CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANT: a. Business Name - Vikings II, Inc. b. Business Address - 7110 France Avenue South Edina, Minnesota 55435 c. Business Form (corporation, partnership, sole proprietor- ship, etc.) - corporation d. State of Incorporation or organization - Minnesota e. Authorized Representative - Michael E. Lynn, III Vice President - f. Phone - 612-920-4805 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a. Max Winter 7110 France Avenue South Minneapolis, Minnesota b. Estate of H. P. Skoglund 7110 France Avenue South Minneapolis, Minnesota c. William Boyer Trust 7110 France Avenue South Minneapolis, Minnesota 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: The applicant is a holding company owning more than ninety- five per cent of the outstanding stock of the Minnesota Vikings Football Club, Inc. ("Vikings") which operates the Minnesota Vikings, a professional football team. The applicant will lease the project described below to the Vikings on a long term, triple-net lease. All information set forth in section 7 below relates to the Vikings since the applicant has not conducted an active business. 4. DESCRIPTION OF PROJECT a. Location and intended use: Location: Intended Use: Eden Prairie, Minnesota, see attached legal description Business office; training and practice facility b. Present ownership of project site: Condon-Naegele Realty c. Names and address of architect, engineer, and general contractor: Architect: Devine, James, Labinski and Meyers 23 Westport Square Kansas City, Missouri 66411 Engineer: Not yet selected General Contractor: Kraus-Anderson of St. Paul 200 Grand Avenue St. Paul, Minnesota 5. ESTIMATED PROJECT COST FOR: Land and land improvements Buildings Equipment Other (practice field and related improvements, ar- chitectural and engineering fees, and legal fees) TOTAL 61,000,000.00 $2,000,000.00 61,870,000.00 $1,130,000.00 $6,000,000.00 - 2 - 6. BOND ISSUE - Applicant seeks (a) an interim two-year tax-exempt financing and (b) a long-term industrial development bond financing to be used to repay the principal amount of the interim two- year tax-exempt financing. This application covers both the interim and long-term industrial development bond fi- nancing. a. Amount of proposed bond issue - 66,000,000.00 b. Proposed date of sale of bond - The interim two-year tax-exempt bonds would be sold as soon as possible and the long-term bonds would be sold prior to the maturity of the two-year bonds. C. Length of bond issue and proposed maturities - For the interim financing, the term would be two years and maturity would be no later than two years after issuance. For the long-term financing, neither the term or maturities would be determined. d. Proposed original purchaser of bonds - not yet determined e. Name and address of suggested trustee - not yet determined f. Copy of any agreement between Applicant and original purchaser - none g. Describe any interim financing sought or available - Two year tax-exempt interim financing sought h. Describe nature and amount of any permanent financing in addition to bond financing - None 7. BUSINESS PROFILE - (as to the Vikings) a. Are you located in the City of Eden Prairie? . No, but the project will become the executive offices and training-practice facility of the Vikings. b. Number of employees in Eden Prairie? i. Before this project: None After this project? 45 - players, 30 - office and coaching staff, and SO - temporary employees of the Vikings c. Approximate annual revenues: $10,000,000 - $15,000,000 d. Length of time in business - 20 years in Eden Prairie - none e. Do you have plants in-other locations? If so, where? Presently, the Vikings lease a business office located at 7110 France Avenue South, Edina, Minnesota, and play their home games in Metropolitan Stadium in Blooming- ton, Minnesota. f. 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 "related person" within the meaning of Section 103(b)(6) of the Internal Revenue Code. (1) Metropolitan Stadium, Bloomington, Minnesota, with respect to which the Vikings is a substantial user. (2) Hubert H. Humphrey Memorial Stadium, Minneapolis, Minnesota (to be constructed) with respect to which the Vikings will be a substantial user. b. List all cities in which the Applicant has requested industrial revenue development financing. None 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 acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. None 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): Not yet selected, but Piper, Jaffrey & Hopwood will serve as the agent for placing the interim two-year tax-exempt financing. b. Private Placement Purchaser (If private placement): Not yet known 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. Not applicable Date Apri116, 1979 c. Bond Counsel - Faegre & Benson 1300 Northwestern Bank Building Minneapolis, Minnesota 55402 d. Corporate Counsel - Maslon, Kaplan, Edelman, Borman, Brand & McNulty 1800 Midwest Plaza Minneapolis, Minnesota 55402 Strangis and Kaplan, P.A. 438 IDS Center Minneapolis, Minnesota 55402 e. Accountant - Arthur Andersen & Company 1201 Midwest Plaza Minneapolis, Minnesota 55402 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start - Spring, 1980 b. Construction completion - February, 1981 FOR FURTHER INFORMATION CONTACT: The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial Develop- ment bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provision or require- ment 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. 11. ZONING - TO BE COMPLETED BY THE CITY PLANNING DEPARTMENT a. Property is zoned - 4)Xeei, ri€44;k7 "al es, I,. Present zoningellS, (is WO correct for the intended use. C. Zoning application received on for intended use. d. Variances required - which is correct for the y Planner * - 8 - Chl-00424-01 Mb Application mutt be submitted to Cominiodoner h duplicate STATE OF MINNESOTA DEPARTMENT OF COMMERCE — SECURITIES DIVISION APPLICATION FOR APPROVAL OF MUNICIPAL INDUSTRIAL REVENUE BOND PROJECT Date May 6. 1980 To: Minnesota Department of Commerce Securities Division 500 Metro Square Building St Paul, Minnesota 55101 The governing body of Eden Prairie County of Hennepin Minnesota, hereby applies to the Commissioner of the State of Minnesota, Securities Division of the Department of Commerce, for approval of this community's proposed municipal Industrial Revenue Bond Issue, as required by Section 1, Subdivision 7, Chapter 474, Minnesota Statutes. We have entered into preliminary discussions with: HAM Vikings II, Inc. ADDRESS 7110 France Avenue South CITY Edina STATE Minnesota sm. of inco,„0,010, Minnesota mwmv Strangis and Kaplan, P.AAftw, 438 IDS Center Name of Proem Minnesota Vikings Project This firm is engaged primarily in (nature of business): Holding company owning 95% of outstanding stock of Minnesota Vikings Football Club, Inc. The funds received from the sale of the Industrial Revenue Bonds will be used to (general nature of project): acquire land and construct thereon an office building and train- ing and practice facility for lease to the Minnesota Vikings, together with equipment and site improvements. It will be located in Eden Prairie, Minnesota The total bond issue will be approximately $ 6,000,000 to be applied toward payment of costs now estimated as follows: Cost Item Amount Land Acquisition and Site Development $1,000,000 Construction Contracts 2,000,000 Equipment Acquisition and Installation 1,870 000 Architectural and Engineering Fees 110 000 Legal Fees 20.000 Interest during Construction Initial Bond Reserve Contingencies Bond Discount Other (practice field & related 1 000 000 Improvements it is presently estimated that uonstruction will bilio on or about spring 19 _g.. and will he completed on or about February 19 IL. When completed, there will be approximately 125 new jobs created by the project at an annual payroll of approximately S 3,500.000 based upon currently prevailing wages. t emporary/permanent The tentative term of the/financing as 2/f4o to 30 years, commencing June 19 80. The following exhib:ts are fumishad with this application and are incorporated herein by reference: 1. An opinion of bond counsel that the proposal cOnstitutes a project under Minnesota Stat., Chapter 474.02. 2. A copy of the city council resolution giving preliminary approval for the issuance of its revenue bonds. 3. A comprehensive statement by the municipality indicating how the project satisfies the public purpose of Minnesota Stat, Chapter 474.01. 4. A letter of intent to purchase the bond issue or a letter confirming the feasibility of the project from a financial standpoint. 5. A statement, signed by the Mayor, to the effect that upon entering into the revenue agreement. the information required by Minn. Stat. Sec. 474.01 Subd. 3 will be submitted to the Depart- ment of Economic Development. 6. A statement signed by the Mayor, that the project does not include an property to be sold or affixed to or consumed in the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. 7. A statement signed by the Mayor that a public hearing was conducted pursuant to Minn. Stat. 474.01 Subd. 7b. The statement shall include the date, time and place of the meeting and that all interested parties were afforded an opportunity to express their views. 8. A copy of the notice of publication of the public hearing. We, the undersigned, are duly elected representatives of Eden Prairi , Minnesota, and solicit your approval of this project at your earliest convenience so that we may carry it to a final conclusion. Signed by: (Principal Officers) This approval shall not be deemed to be an approval by the Commissioner or the state of the feasibility of the project or the terms of the lease to be executed or the bonds to be issued therefor. Date of Approval Commas...1,1er of Secuntm Minnow% Ospatimeal of Commove go - t V RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY VIKINGS II, INC. UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF Be it Resolved by the City Council of the City of Eden Prairie, Minnesota, as follows: „ 1. There has been presented to this Council a pro- posal by Vikings II, Inc., a Minnesota corporation (the "Company") that the City undertake a project pursuant to the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 (the "Act") for the acquisition of land and construction thereon of an office building and training and practice facility, together with equipment and site improvements therefor, to be leased to the Minnesota Vikings Football Club, Inc. (the "Project"). Under the proposal, the Project will be owned by the Company, and the Company will enter into a Loan Agreement with the City upon such terms and conditions as are necessary to produce income and revenues sufficient to pay when due the principal of and interest on up to approximately $6,000,000 Industrial Development Revenue Bonds of the City to be issued pursuant to the Act, to provide monies for the acquisition, construction and installation of the Project; and the City will pledge its interest in the Loan Agreement to secure the bonds. The Company proposes that the City initially issue a temporary note under the Act to provide temporary financing for the Project, which note will mature within two years of the date thereof and be payable from the proceeds of permanent revenue bond g to be issued by the City pursuant to the Act to provide permanent financing for the Project. 2. As required by the Act, this Council conducted a public hearing on May 6, 1980, on the proposal to undertake and finance the Project after publicaton in the official newspaper and a newspaper of general circulation in the City of a notice setting forth 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; 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, in the City Hall, Eden Prairie, Minnesota, at all times between the hours of 8:00 A.M. and 4:30 P.M. each day except Saturdays, Sundays and legal holidays to and including the day of hearing; and stating that all parties who appear at the public hearing shall have an opportunity to express their views with respect to the proposal. -2- a I 141 3. 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, agriculture and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the retention and 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 facilities, 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; the more intensive development -of land available - in the area; and the more intensive development of land available in the area to provide a more adequate tax base to finance the cost of governmental services in the City, County and School District where the Project is located. 4. The Company has entered into preliminary discussions with Piper, Jaffray & Hopwood, Minneapolis, Minnesota as fiscal agent, and the fiscal agent has reported that the Project and the sale of bonds therefor are feasible. 5. The Project is hereby given preliminary approval by the City subject to approval of the Project by the Commissioner of Securities and subject to final approval by this Council and • by the purchasers of any bonds to be issued and as to the ultimate details of the Project. 6. In accordance with Section 474.01, Subd. 7 of the Act, the Mayor, the City Clerk, and such other officers and representatives 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 ther4of, and the Mayor, the City Clerk, 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 Company, Messrs. Faegre & Benson as bond counsel, the fisacl agent, the City Attorney, and other City officials are also authorized to initiate the preparation of a proposed loan agreement and such other documents as may be necessary or appro- priate 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. 7. The Company has agreed to 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. 8. The Company is hereby authorized to enter into such contracts, in its own name and not as agent for the City, as may be necessary for the construction of the Project by any means available to it and in the manner it determines without advertisement -3 - fl 4- for bids as may be required for the acquisition or construction of other municipal facilities, but the City shall not be liable on any such contracts. 9. The adoption of this resolution does not constitute a guarantee or firm commitment that the City will issue the temporary note or permanent revenue bonds as requested by the Company. The City retains the right in its sole direction to withdraw from participation and accordingly not issue the tempo- rary note 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 temporary note or should the parties to the transac- tion be unable to reach agreement as to the terms and conditions -- of any of the documents required for the transaction. 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 the attached extract of minutes of a regular meeting of the City Council of the City held May 6, 1980, is a full, true and correct transcript therefrom insofar as the same relates to an ildustrial development project to be undertaken pursuant to Chapter 474, Minnesota Statutes, by the City and Vikings II, Inc. WITNESS my hand officially and seal officially as said City Clerk this day of , 1980. City Clerk (Seal) -4- May 6, 1980 TATE MINNESOTA ITV. EDEN PRAIRIE OUNTY OF HENNEPIN he following accounts were audited and allowed as follows: 183 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 346te 345k 346 347 348 349 350 351 352 353 354 355 356 357 358 359 1360 1361 1362 1363 1364 1365 1366 1367 13G8 136f 1376 1371 1372 1373 1374 VOID OUT CHECK JOHNSON BROTHERS WHOLESALE LIQUOR OLD PEORIA COMPANY GRIGGS, COOPER & CO., INC. MIDWEST WINE CO. ED PHILLIPS & SONS CO. ,KIWI KAI IMPORTS . INTERCONTINENTAL PACKAGING MINNESOTA DISTILLERS, INC. FEDERAL RESERVE BANK INTERNATIONAL UNION OF OPERATING PERA PHYSICIANS HEALTH PLAN HMO SERVICE GROUP HEALTH PLAN, INC. WESTERN LIFE INSURANCE HMO SERVICES BLUE CROSS INSURANCE EARL J. FINLAYSON MADISON INDUSTRIAL PRODUCTS STEVE & GLORIA KARBO METROPOLITAN WASTE CONTROL COMM STATE TREASURER COMMISSIONER OF REVENUE AETNA LIFE INSURANCE & ANNUITY CO. KIWI KAI IMPORTS MINNESOTA DISTILLERS, INC. JOHNSON BROTHERS WHOLESALE LIQUOR ED PHILLIPS & SONS CO. GRIGGS, COOPER & CO., INC. TWIN CITY WINE CO. OLD PEORIA COMPANY, INC. INTERCONTINENTAL PACKAGING CO. BUTCH'S BAR SUPPLY MINNESOTA RECREATION PARK ASSOC. HOPKINS POSTMASTER SOUTHWEST SUBURBAN CABLE COMMISSION HOPKINS POSTMASTER TWIN CITY WINE CO. GRIGGS, COOPER & CO., INC. ED PHILLIPS & SONS CO. JOHNSON BROTHERS WHOLESALE LIQUOR OLD PEORIA COMPANY, INC. JIM RICHARDSON PRAIRIE VILLAGE MALL ASSOCIATES STATE TREASURER, STATE OF MINN STANDARD FEDERAL RESERVE BANK SUBURBAN NATIONAL BANK COMMISSIONER OF REVENUE Liquor Wine Liquor Wine Liquor Wine Wine Liquor Payroll Dues Payroll Insurance Insurance Insurance Insurance Insurance Insurance Expenses Freight charges 4_ •Y- Damaged to water heater March SAC charges 1st quarter 1980 Bldg permit March Sales tax Payroll 4/15/80 Wine Liquor Liquor Liquor Liquor Wine Liquor Wine Supplies-Liquor store Conference-Park dept Postage--3e-;-""-" L Cable TV Postage--a/r/ Wine Liquor Liquor Liquor Wine Expenses Rent & first half 1980 taxes Conference-Water dept Fuel Payroll Payroll Payroll 5 (299.40) 711.30 312.45 1,782.02 415.35 836.22 90.98 320.80 1,264.98 11,513.86 231.00 8,695.83 5,862.10 122.30 1,023.72 341.50 1,222.00 879.20 45.14 20.13-- 45.00 12,201.75 5,810.93 2,691.93 205.00 208.35 1,373.38 1,034.35 760.20 615.47 801.55 559.13 647.38 127.15 10.00 25.62 1,000.00 1,000.00 93.79 1,075.30 1,313.11 643.78 318.45 22.00 3,891.36 15.00 8,457.05 11,599.08 150.00 8,688.37 'age two 1980 qay 1375 AETNA LIFE INSURANCE & ANNUITY Payroll 205.00 1376 UNITED WAY OF MINNEAPOLIS Payroll' 1377 PERA Payroll 1378 A & H WELDING & MFG. CO . Tubing bracket, steel sheets-Fire & Police iii 8,6 1379 ACRO-MINNESOTA, INC. Office supplies 1380 ALDY GRAPHIC SUPPLY, INC. 192.48 Mounting board, film, erasers-Comm Services 114.61 1381 AMERICAN NATIONAL BANK & TRUST CO. Bond payment 1382 AMERICAN PLANNING ASSOCIATION Dues-Planning dept 1383 EARL F. ANDERSEN & ASSOCIATES Decals 1384 ARMOR LOCK & SAFE CO. Security systeMr 1385 ASPEN CARPET CLEANERS Carpet Cleaning-Fire & Public Works bldg 1386 AUTO-HOWE WAREHOUSE CO. Desk lights-Police dept 1 387 JEFF BAUNE Mileage - wr A- s'4406 ,- 388 BEACON PRODUCTS COMPANY Athletic field lining compound-Park dept 389 BLACK & VEATCH Service-Water treatment plant addition 1390 BLOOMINGTON LOCKSMITH COMPANY Lock for storage room-Water dept 1391 GREGORY BONGAARTS Mileage 1392 BROWN PHOTO Film-Police dept 1393 BUREAU OF BUSINESS PRACTICE Subscription-Water & Planning dept 1394 BUSINESS FURNITURE INCORPORATED File cabinets-Assessing & Police dept 1395 CARGILL SALT DIVISION Salt 1396 CASH REGISTER SALES, INC. Equipment rental 1397 CHANHASSEN LAWN & SPORTS Decal spray-Park dept,i-v" , 139( CHASE BRACKETT COMPANY Appraisal service-Park dept - 1399 CLUTCH & U-JOINT BURNSVILLE, INC. Equipment repair & parts-Street dept 1400 TERRENCE COFFEY Mileage - -0 r'- ' c •-••n •-• 1401 COMMISSIONER OF TRANSPORTATION Traffic signal maintenance 46.56 1402 COMMUNICATIONS SPECIALISTS, INC. Repair siren-Police dept 90.77 1403 COPY EQUIPMENT, INC. Tripod, level book, chain, reel, nail stake 744.83 tacks-Engineering dept 1404 CRONSTROMS HEATING & A/C Refund on heating permit 1405 CROWN RUBBER STAMP CO. Name plates, perma stamps 1406 CURTIN MATHESON SCIENTIFIC, INC. Lab Glassware-Water dept 1407 CUTLER-MAGNER COMPANY Freight charges on quicklime shipment 1408 DALCO Cleaning supplies-Water dept 1409 DIRECT SAFETY COMPANY Pipe marking, cooler-Water dept 1410 DORHOLT PRINTING & STATIONERY INC. Office supplies 1411 EDEN PRAIRIE FIRE DEPT Conference-Fire dept 1412 EDEN PRAIRIE NEWS Legal ads 1413 EDEN PRAIRIE SCHOOL DISTRICT #272 Spring brochure printing expenses 1414 EDEN PRAIRIE SCHOOL DISTRICT #272 Spring brochure postage 1415 ELVIN SAFETY SUPPLY, INC. Reflect marking tape-Water dept 1416 CHRIS ENGER Mileage 1417 FABRI-GRAPHICS T-shirts-Rec dept 1418 EARL FINLAYSON Tuition fee-Engineering dept 1419 FIRE MARSHAL'S ASSOC OF MINN Dues-Fire dept 1420 FLOYD SECURITY Second quarter alarm charge-Liquor store 1421 FLYING CLOUD OIL CO. Fuel 142 FRONTIER LUMBER & HARDWARE 1423 GENERAL COMMUNICATIONS, INC. 1424 GLENWOOD INGLEWOOD 1425 GRAHAM PAPER 452.76 1426 JACK HACKING 24.66 rox paper Expenses nails, signs lice de 87,470.09 kVA.% 55.00 p'. 2 7 374.50 Ftal -Senior Citizen Center 389.50 95.00/ 64.10 440.00 5,885.06 89.50 13.30 73.80 44.16 441.50 379.34 184.64 5.75 1,225.00 27.86 51.00 52.98 39.45 35.46 141.94 145.99 338.68 80.00 223.69 614.50 85.00 43.48 100.00 225.80 30.00 5.00 182.50 3,116.19 73.42 -'- 135.20 5.95- 2 Refund of special assessment Service Mileage Mileage-- —d7-4- Service Service Service Paying agent fees Bond payment 169.09 761.50 17.10 13.30---- 6.16 9,569.74 206.27 482.91 46,165.25 'age( ree lay 6, 1980 427 KAARE HADDELAND School-Building dept 428 C.F. HAGLIN & SONS SAC refund-Building dept 429 JUNE HANSON Refund-Rec dept 430 M.A. HEBEISEN Refund-Rec dept 431 HENNEPIN COUNTY FINANCE DIVISION Board of Prisoners, traffic tickets 432 HENNEPIN COUNTY FINANCE DIVISION Property taxes 1980 PA-900-v° .433.-.-AENNEPIN COUNTY FINANCE DIVISION Equipment rental-Tree removal 434 HYLAND HILLS SKI AREA Ski lessons-Rec dept 435 ITT GRINNELI. CORPORATION Couplings-Building dept 436 LILLIAN JACOBSON Refund-Rec dept 437 EMMETT C. JOHNSON Refund house moving permit 438 GENE JACOBSON Conference-Fire dept 439 KEN JOHNSON PRINTING, INC. Business cards-Police dept 440 RONALD JOHNSON Conference-Fire dept 441 KARULF HARDWARE, INC. Paint, lock, bulbs-City Hall, papertowels, 770.28 keys copied, flashlights, batteries, shovels extension cord-Public safety, mailbox, sandpaper, degreaser, paint, washers & nuts, pipe, rakes- Park dept 442 KNOX LUMBER Bridge-Senior Citizens Center, Tennis 1,447.86 courts-Round Lake & Prairieview, Snow fence-Bike trail Hoist-Sewer dept Tool box-Street dept 3,900.00 Legal service 6,058.75 Service 6,340.52 Plow, mower, box scraper-Community service 3,701.00 Expenses 113.25 Fire coats 3,104.74 Towing service 50.00 Frquipmeoles-pari'at-parts 55.60 47.20 Happenings newsletter & Fire dept letterhead 474.00 ServIce-- 110.00--- -- __Expenses-Waiting shelters 292.00 1,269.73 (—Blacktop Employment ads 84.10 Ads-Park dept 36.00 Service 2,235.31 Softball rule book, field supervisor-Park 196:33 Oil filter, spark plugs-Park dept , Bus service-Senior Citizens -Soef -04-"%=-1 70.00 — 20.63 Service - 19.12 425.00 8.00 5.00 638.40 3,561.02 1,499.34 24.93 25.00 25.00 238.50 578.62 60.90 443( 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 LAHASS MFG. & SALES, INC. LANG, PAULY & GREGERSON, LTD LOGIS LONG LAKE FORD TRACTOR, INC. ROBERT MARTZ MASON DIXON MATT'S AUTO SERVICE, INC. MAYVIEW RADIO MEEKER COOPERATIVE LIGHT & POWER.- METRO FONE COMMUNICATIONS, INC. METRO PRINTING INC. METROPOLITAN CLINIC OF COUNSELING METROPOLITAN TRANSIT COMMISSION MIDWEST ASPHALT CORPORATION MINNEAPOLIS STAR & TRIBUNE CO. MINNESOTA DAILY MINNESOTA GAS COMPANY MINNESOTA RECREATION & PARK ASS'N MINNESOTA TORO, INC. MINNESOTA TRANSIT MINNESOTA VALLEY ELECTRIC CO-OP JOSEPH MOLITER MUNICIPAL & PRIVATE SERVICES, INC. DENNIS NESBITT RICHARD S. NESS NORTHERN STATES POWER COMPANY NORTHERN STATES POWER COMPANY NORTHWESTERN BELL NORTHWESTERN NATIONAL BANK OF MPLS NORTHWESTERN NATIONAL BANK OF MPLS age( ur ay 6, 1980 473 474 475 476 477 478 479, 480 481 482' 483 484 485 486 487 488 489 490 491 492 493 494 495( 496 497 498 1499 .500 501 502 503 504 . 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 52t( 521 22.00 87.25 22.01 161.25 67.00 765.00 72.90 4,689.13 2.18 1.50 12.00 Service 404.55 300.00 84.80 Center 16,500.00 25.88 5.20 31.77 5.00 35.80 32.59 50.00 79.30 320.0O -T 35.00 5.30 56.00 70.00 dept 672.24 8.40 12.00 4.81 13.25 100.00 4,613.00 43.40 534.30 17.00 17.00 1,855.90 181.78 132.43 12.00 117.03 38.50 100.15 9.85 - 35.00 31.16 NORTHWOOD GAS CO., INC. PENNY'S SUPERMARKET PETTY CASH-PUBLIC SAFETY PRAIRIE OFFSET PRINTING, INC. R & H Enterprise Co., Inc. ROAD MACHINERY & SUPPLIES CO. JUDGE DOOR SALES COMPANY OF MINN RIEKE-CARROLL-MULLER ASSOCIATES ROBERT DRUG DORIS ROCKWELL NORBERT ROGERS MRS. ALEC RUTH SHENEHON-GOODLUND-TAYLOR-FRUEN, INC. STEVEN R. SINELL SMILEY GLOTTER ASSOCIATES INCORP W. GORDON SMITH CO. SOUTHWEST SUBURBAN ADVERTISER SANDRA STEPHENS STATE TREASURER DON STREICHER GUNS, INC. SUBURBAN AUTO ELECTRIC SULLI VANS SERVICES, INC. SUN NEWSPAPERS SUNWAY HOMES, INC. TOM SWIRTZ TAYLOR RENTAL CENTER CARRIE TIETZ CARRIE TIETZ TOWN'S EDGE FORD, INC. LOU TSCHIDA TWIN CITY FIREPLACE CO. TYPE HOUSE BOB TYSON ROGER ULSTAD VESSCO WARNING LITES, INC. WATER PRODUCTS COMPANY KARLENE K. WELLS JILL WOOD XEROX CORPORATION ZECO COMPANY ZIEGLER INC. ERIK NELSON CHAPIN PUBLISHING COMPANY EDEN PRAIRIE NEWS LANDCO EQUIPMENT, INC. DAVID RAQUET DIANNA REIKS SANDY WERTS Gas cylinders napkins -City Hall No Parking signs Cement-Street Maintenance Equipment rental Building repairs Servicemindustrial Road Utilities olice dept und-Rec dept Supplies-Fire dept mm Lath, hubs-Engineering dept & Co Appraisal fees-Anderson Lake Mileage Services-Eden Prairie Community Fuel Employment ads Macrame Instructor-Rec dept Expenses-Park dept Air compressor parts Equipment repair & parts Service-Research Road Employment ads' Building repairs-City Hall Refund-Rec dept Scaffold rental-Water dept Minutes-Park & Rec Commission Minutes-Park & Rec Commission Equipment repair & parts-Street Refund-Rec dept Supplies-Senior Center Paper-Community services Conference-Police dept Expenses Volumeteric feeder-Water dept Hwy 169-Vo-Tech Hydrant repair & parts-Water dept Refund-Rec dept Refund-Rec dept Equipment rentals Flashers for new sweeper Batteries-Street dept Refund-Rec dept Legal ads Employment ads-Park dept Mileage TOTAL -044,699.37-- MENDRANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Roger K. Ulstad, City Manager Bob Lambert, Director of Community Services April 17, 1980'. Fish Management_Program On March 18, 1980, the City Council reviewed a proposed lake management program for Round Lake that included authorizing staff to request the .DNR !to destratify, treat and restock the lake in September of 1980. At that meeting, the Council also approved construction of an aeration system for Round Lake prior to the winter of 1981-82. The report from Barr Engineering on the Round Lake fish restocking program indicated that pre-treatment monitoring and post-treatment monitoring should be provided so the City could measure the improvement to the quality of the water affected by this program. Prior to the March 18 meeting, I contacted Duane Shodeen, Department of Natural Resources, to ask if the monitoring program was necessary. Mt. Shodeen incidated that as far as he was concerned, he didn't feel the City needed to enter into an elaborate monitoring program. Several days later he called to inform me that in order to justify his expenditure of funds for treating the lake, he would like to see at least a minimum monitoring program that would provide information that would indicate any improvements made to the lake through the treatment program. Barr Engineering had estimated the pre-treatment monitoring during the summer 1980 at $3,300. They also indicated a post-treatment monitoring program for 1981-82 of $6,000 per year and a post-treatment monitoring program for 1983-84 at $4,400 per year. In the staff report dated March 13, 1980, I indicated that perhaps the High School Biology classes could participate in this monitoring program. I have contacted biology teachers from the High School. Apparently, they are limited to teaching this phase of biology to a couple of months a year. They are also limited to equipment and time that would be necessary for this type of a program. On April 10, 1980, I contacted Dr. Joseph Shapiro, University of Minnesota, lo see if it would be possible to set up a monitoring program through a student research project. Mr. Shapiro has answered my request in a letter dated April 14, 1980 and has indicated that they would be willing to provide a monitoring program this summer for $1,000. Staff recommends the Council authorize up to $1,000 for this monitoring program. BL:md I/95 MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Roger K. Ulstad, City Manager Bob Lambert, Director of Community Service(..-. April 30, 1980 Earl More House Appraisal In March of 1980, the City Council authorized staff to negotiate with Mr. and Mrs. Earl More for the possible acquisition of their home at 8107 Eden Prairie Road for use as a future City museum. Staff has reviewed the site with Mr. Dennis Gimsted, of the State Historical Society. He has indicated that from preliminary review of the site he would probably write a favorable recommendation for acceptance of site to the State Historical Board. He also indicated that the process of getting on the national registration usually takes about a year from the time the application is submitted to the State Historical Baord. have met with Mr. and Mrs. More and discussed acquisition of their property with life estate terms. They indicated they are willing to negotiate the purchase of the home; therefore, staff requests authorization to obtain an appraisal of the site for basis of negotiations. BL:md • • •• MEMORANDUM TO: '111RU: FROM: DATE: SUBJECT: Mayor and City Council Roger K. Ulstad, City Manager Bob Lambert, Director of Community Services' May 1, 1980 _ Request for Approval Authorizing Plans and Specifications for "Figure Skating" Club Room at Community Center as Bid Alternate Earlier this week a resident of the City, interested in figure skating, suggested I talk to Bob Kojetin, Director of Parks and Recreation for the City of Edina, to ask about Edina's figure skating program and how it relates to the Braemar Ice Arena. Mr. Kojetin indicated that figure skaters actually purchased more ice time at Braemar than did hockey teams and were willing tb purchase more of the non prime time hours. Edina has an extensive recreational instruction program for figure skating and a figure skating club comprised of about 100 members. Those skaters who want to advance beyond the recreational skating join the Figure Skating Club and receive professional instruction. These individuals often rent two or three hours of ice time every week on a year round basis. The Figure Skating Club is the prime renter of ice time. If the City of Eden Prairie simply offers figure skating instruction in a recreational instruction program the facility would be fine as it is designed. However, if the City gets into a figure skating club the facility should be designed to accommodate a club room whiCh would include a changing area and locker rooms for the figure skaters and a small space for allro room". The pro room is about a 10x10 space that is reserved for the instructors. The club room should be located as close to the ice sheet as'possible. Should have a window from the room that offers good vision of the ice. It should also be equipped with a cassette tape deck that is tied into the main sound system of the arena. The club room should be approximately 20x20. At approximately $42 a sq. ft. this room could possibly cost approximately $15,000 to $20,000. Staff recommends the Council authorize the architect to include plans and specifications for this figure skating club room as a bid alternate to the Community Center project. BL:md May 6, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (I.C. 51-359) WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., has prepared plans and specifications for the following improvements, to wit. I.C. 51-359, Utility and street improvements in Norseman Industrial Park 4th Add. and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened at 10:00 o'clock A.M. on Thursday, June 12, 1980, and con- sidered by the Council at 7:30 o'clock P.M. on Tuesday, July 17, 1980, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cash- ier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL . . John D. Frane, Cliik 12-30 May 6, 1980 CITY OF EDEN PRAIRIR HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-89 RESOLUTION ACCEPTING BID I.C. 51-362, 367 & 372 WHEREAS, pursuant to an advertisement for bids for the following Improvements I.C. 51-362,-3.67 & 372 Bids were received, opened and tabulated according to law. Those bids received are shown on the attached summary of bids; and WHEREAS, the City Engineer recommends award of contract to Brown & Cris, Inc., as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authroized and directed to enter into a contract with Brown & Cris, Inc., in the name of the City of Eden Prairie in the amount of 130,568.40 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer, deleting project I.C. 51 372. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST SEAL John D. Frane, Clerk 12.3/ MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger (fisted, City Manager FROM: .Carl Jullie, City Engineer DATE: . May 2, 1980 SUBJECT: Construction Bids For Improvement Contracts 51-362 (Village Woods Second Addition) 51-367 (Duck Lake Vista) 51-372 (Alpine Estates Second Addition) Sealed bids were received at 10:00 A.M. on Thursday, May 1, 1980 for the above references improvements. Six bids were received as follows: BIDDER BID SECURITY TOTAL AMOUNT BID Brown & Cris, Inc. Bury & Carlson G.L. Contracting Northern Construction Co. Minnesota Valley Surfacing Ideal Enterprises (Engineers' Estimate) (Average of 6 Bids) 5% $153,613.50 5% $164,317.26 5% $171,207.05 5% $178,208.08 5% $182,609.90 5% $187,815,95 $173,109.00 $172,913.00 The low bid is approximately 11% below our estimate. Recommend award of contract to Brown & Cris, Inc. in the amount of $130,568.40 deleting project I.C. 51-372 from this contract. The low bid from Brown & Cris, Inc. breaks down as follows: 51-362 (Village Woods 2nd) $ 55,728.70 51-367 (Duck Lake Vista) $ 74,839.70 51-372 (Alpipe Estates 2nd) $ 23,045.10 TOTAL BID $153,613.50 Mr. Tim Gagner, owner of the two lots platted in Alpine Estates 2nd Addition has requested that his portion of the project (23,045.10) be deleted from the Contract because of his concern that he will not be able to sell the lots in the near future because of tie present housing Market. The Contract has been set up so that such deletion is possible and the low bidder, Brown !I Cris Construction Co. is agreeable, 12 32- • 0.1.3 LAM ,,,,, • 00t6. et 500006 0400 • •tu.t• ON* < •••n t t t•••••• .01.% • •01.1• .014 AM.. •fttt • 11.6.1• 160. • 00601.1.t 0.1 • 1.10.16 • 0.0 00.01 04" • ,,,,,, 0.611 ttM•t• i•utt /..• 6 DORSEY. WINDHORST, HANNAFORD, WHITNEY a HALLADAY .00• •IIADat 0 t... 4106. Ant .../.0 0166 • NO ./.... • .0 /.0 OM. t ..... •VlSttl • t60.oft .00 . 0 .04 -.6 • 86. 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WM. • 1005.00 N.M. • /OM.* MORO I Am 4004 Emu rx0.1r./1:111 ,.. .14.• 0..11 .0.• ...tt M.. • 4.0. •610 ogutt • .6.0 NA 4 00.11015 tb. • YAP VW.* le ••••• A € • MORS *010.400001005 05*05 1 .10056000 Wt. AMA M.. 0.0.$ • 1/0/.. • 1.1010•0 ..54/1408 000.1 • E... ••nn ••n• • tg•ta lo{f ,•••n•• A C ••••• lt•tt• 1.16t t •Itttv.0 Wt. t. • 0600.6. • t tAtt• .10 • •0.10. AA 11 WA." • 6 010000111 US." 061 .11000 50400. (.0000100 0.0 ./..11• 2300 FIRST NATIONAL BANK BUILDING MINNEAPOLIS.MINNESOTA 85402 May 2, 1980 Mr. John D. Frane City Clerk Mr. Roger Ulstad City Manager City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Tax Increment Financing City of Eden Prairie, Minnesota Gentlemen: It is our understanding that the City of Eden Prairie wishes to create a tax increment financing district in the area commonly referred to as the Major Center Area of the City. This district would contain various commercial and industrial projects, in differing stages of completion. The City wishes to finance with tax increments its share of the costs of construction of roads, bridges, streets and other public improvements to ease traffic movement in the area. You have asked our opinion as to the method by which the City may create such a tax increment financing district. Under the Minnesota Tax Increment Financing Act, Minnesota Statutes, Sections 273.71 to 273.78 (the "Tax Increment Act"), a tax increment financing district is an area within a "project" delineated in a tax increment financing plan for the purpose of financing redevelopment or economic development in cities through the use of tax increments. A "project" is defined by the Section 273.73, Subdivision 8 of the Tax Increment Act to include a redevelopment project as defined under the Municipal Housing and Redevelopment Act, Minnesota Statutes, Sections 462.411 to 462.711 (the "Redevelopment Act"), and particularly Section 462.421, subd. 14. We believe that the Redevelopment Act is the proper vehicle by which the City may construct roads, bridges, streets and similar public improvements and finance construction through tax increments. 1233 DOPISCY. WINOHORST. HANNA, ORD.WHITNCY ft HALLADAY Mr. John D. Frame Mr. Roger UIstad May 2, 1980 Page Two Only a housing and redevelopment authority may exercise the powers granted by the Redevelopment Act. Minnesota Statutes, Section 462.425, Subdivision 1 creates in each municipality in the state a housing and redevelop- ment authority. The authority is not activated, however. until the governing body of the muniCipality (in Eden NPrairie, the City Council) passes an enabling resolution. ,Such a resolution may be considered by the City Council only ,after it conducts a public hearing, after published notTEU -- At least once not less than ten days nor more than thirty days before the date of the hearing, as provided in Section 462.425, subd. 2. In the enabling resolution, the City Council must find either (1) that substandard, slum or leterioriated areas exist in the City which cannot be „redeveloped without government assistance, (2) that adequate housing accommodations are not available to veterans and servicemen and their families, or (3) that there is a 'shortage of decent, safe and sanitary dwelling accommodations available to persons of low income and their families at rentals they can afford. For purposes of this proposed undertaking, it appears that the first finding would be the most relevant. A "deteriorated area", as defined in Section 462.421, subd. 11, includes any area with buildings or improvements which by reason of deleterious land use are detrimental to the welfare of the community. The enabling resolution must also declare there is a need for a housing and redevelopment authority to function in the City. Upon passage of the enabling resolution, it is the duty of the Mayor with the approval of the City Council to eppoint five commissioners to constitute the housing and ,redevelopment authority. The commissioners must be residents of the City and are to be appointed for five-year terms, after initial appointments of one, two, three, four and five years, respectively. Members of the City Council may be appointed commissioners of the housing and redevelopment authority, and their terms of office as commissioners may be set to coincide with their terms of office as council members. housing been, established, the authority may consider the propriety of re- development projects. A "redevelopment project" under Section 462.421, subd. 13(2r, (4) includes undertakings "to acquire open or undeveloped land which is determined to be blighted by virtue of conditions of unusual and difficult physical characteristics of the ground" and "to clear any areas acquired and . . . construct . . . streets . . . and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan." a3 g DORSEY, WINDNORST. HANNAY ORO. WHITNEY a HALLAORY Mr. John D. Frane Mr. Roger Ulstad May 2, 1980 Page Three When the housing and redevelopment authority determines that a redevelopment project should be under- taken, it must apply to the City Council for approval. The application must be accompanied by a redevelopment plan ,„a statement of the method proposed for financing the_pricdPgt, and the written opinion of the City's planning agency. A proper redevelopment plan provides an outfit- for the development of the area and is sufficiently com- plete to indicate its satisfaction of definite local objectives for land use and to indicate general land uses and standards of development. Before approving a redevelopment plan, the City Council must hold a public hearing, after published notice at least once not less than ten days nor more than thirty days before the date of the hearing. A redevelopment plan may be approved only if the City Council finds by resolution that (1) the land in the project area would not be made available for re- development without the financial aid to be sought, (2) the redevelopment plans for the redevelopment areas in the locality will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the redevelop- ment of such areas by private enterprise, and (3) the re- development plan conforms to a general plan for the development of the locality as a whole. Open or undeveloped land may not be acquired unless it is necessary to carry out the redevelopment plan and the plan provides for elimination of the conditions causing such land to be blighted. •Upon approval by the City Council of the redevelopment plan, the housing and redevelopment authority may undertake the re- development project. ,The housing and redevelopment authority initiates ,financing of the redevelopment project under the Tax Increment Act by drafting a tax increment financing plan. The plan must contain a statement of objectives of the authority for the improvement of a tax increment financing district, eluding a development program and specifications of the property, if any, within the district which the authority in- tends to acquire. The plan must also estimate the financial aspects of the district and its impact on the assessed values of all affected tax jurisdictions. • 4 The tax increment financing district is to be a continguous or noncontinguous geographic area within a redevelop- ment project as described in the tax increment financing plan. 1 -V 5 123S DORSEY. WINDI4ORST, Yi AAAAA ORM WRITHE y a HALEADAY Mr. John D. Frane Mr. Roger Ulstad May 2, 1980 Page Four To qualify for a longer life, the proposed tax increment financing district must be a "redevelopment district." A "redevelopment district" consists of a redevelopment pro- ject or portions thereof within which the authority finds by resolution that the land generally "is not predominantly occupied by buildings, streets, utilities, or other improvements, but at least 80 percent of the total acreage of such land has a fair market value upon inclusion in the redevelopment district which, when added to the estimate cost or preparing the land for use, including utilities, if any, exceeds its anticipated fair market value after completion of said preparation." Land is "predominantly occupied" when at least 50 percent of the parcels comprising at least 50 percent of the acreage are so occupied. In the event that the redevelopment project does not meet these requirements, the authority is authorized to establish an "economic development district" if it finds such to be in the public interest, because establishing the district (I) will discourage commerce, industry or manufacturing from moving their - operations to another state, (2) will result in increased employment in the City, or (3) it will result in preservation and enhancement of the tax base of the City. Tax increments may be derived from a redevelopment district for 25 years after the date of receipt of the first tax increment. The term of tax increment financing derived from an economic aevelopment district is shorter: it expires eight years from the date of receipt of the first tax increment or ten _years from approval of the tax increment financing plan, whichever is shorter. Before forming the tax increment financing district, the housing and redevelopment :authority must ,provide members of boards of commissioners of affected counties and of school boards of affected school districts the opportunity to meet ,with the authority and learn the fiscal and economic implications of the proposed tax increment financing. . The district may not be established until the tax increment financing plan of the authority has been approved by the city Council. Approval of the plan may occur only after the City Council conducts a public hearing after published notice at least once not less than ten days nor more than thirty days before the date of the hearing. To approve the tax increment financing plan, the City Council must make the following findings: (1) that the proposed tax increment financing district is a redevelopment district, DORSICY. WINDNORST, MANNAFORO.WOUTMCV a MALLADAY Mr. John D. Frane Mr. Roger Ulstad May 2, 1980 Page Five enumerating the specific bases for this determination; (2) that the proposed development, in the opinion of the City Council, would not occur solely through private investment within the reasonably forseeable future and therefore the use of tax increment financing is deemed necessary; (3) that the tax increment financing plan conforms to the general plan for development of the City as a whole; and (4) that the tax increment financing plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for redevelopment of the district by private enterprise. The City Council has 60 days after submission of the plan by the housing and redevelopment authority to approve or disapprove it. The City Council may not itself modify the plan but may return it to the authority for modification. Upon approval of the tax increment financing plan, the housing and redevelopment authority initiates tax increment financing by requesting the County Auditor to certify the original assessed value of the tax increment financing district. The foregoing has been an attempt to set forth the procedures mandated in ordering a redevelopment project and in employing tax increment financing. Once the housing and redevelopment authority has been activated, the creation of the redevelopment project and the tax increment financing district may be undertaken simultaneously, in order to expedite the process. For example, the public hearing on the redevelopment plan may be consolidated with the public hearing on the tax increment financing plan. Requests for certification of a new tax increment financing district must be received by the County ;Auditor by October 10 to be effective for the current levy year, ,which means that the City will have to act quickly if the I process is to be completed by that date. You have also asked our opinion whether Eden Prairie Regional Center may be excluded from the proposed tax increment financing district. Under the circumstances as they are known to us, we see no legal bar to excluding the shopping center. Indeed, exclusion would presumably make both the area of the proposed redevelopment project and the proposed redevelopment district more homogeneous. 0011-SCY. INIKDOMMST HANNA/ ORD.WHITNCY HALI.ADAY Mr. John D. Frame Mx. Roger Ulstad May 2, 1980 Page Six We would be happy to clarify or elaborate any of the matters discussed above. If you have any questions, please do not hesitate to call. Very truly yours, Verlane L. Endorf VLE6vg cc: Roger Pauly, City Attorney • • May 6, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO R80-86 RESOLUTION SETTING HEARING FOR APPEAL OF DECISION OF BOARD OF APPEALS & ADJUSTMENTS, VAR. f80-9 WHEREAS, the Board of Appeals and Adjustments on April 17, 1980, . denied certain rear yard setback variances for Lots 2 and 3, Block 1, proposed Garrison Forest 4th Add., and WHEREAS, The Preserve has filed with the City a written request asking the City Council to review said denial. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that a public hearing on said matter shall be held at 7:30 P.M. on Tues., May 20, 1980. The City Clerk shall give published and mailed notice of suth meeting. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST SEAL John D. Frane, Clerk lan -err TheRserve April 21, 1980 Eden Prairie City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Atten: Carl Jullie, City Engineer Ladies and Gentlemen: On April 17 the Board of Appeals and Adjustments denied our request for variance from the SO' rear yard setback requirements of the Garrison Forest Second Addition rezoning Agreement (this area is being replatted, so we are requesting variances on Lots 2 and 3, Block 1, Garrison Forest Fourth Addition). The owner of lot 3 still wants to place his house on the corner lot and there- fore we are requesting you to grant the variances. Specifically the request is for a reduction to 41 feet on lot 3 and 38 feet on lot 2. To refresh your memory I have attached copies of some of the prior information supplied. The reasons for this variance request are as follows: 1 - The 50' rear yard and 30' front yard setback would only allow an 18' deep house on lot 3 and a 23' deep house on lot 2. While this is possible, we felt it was better to have houses on these lots that do not require unique designs. 2 - The rear yard setbacks will still exceed the 20' requirements of Ordinance 135. 3 - The topography of the lots allow for any berms and landscaping nece- ssary to buffer the rear yards from the roadway. 4.- The land on the other side of Anderson Lakes Parkway is County Park and therefore no future residential construction would be affected. 5 The topography, vegetation and pond along the south side of the existing road would suggest that it would be more economic and less disruptive if the future expansion of Anderson Lakes Parkway would be to a 4 lane undivided road rather than a divided parkway. If this is true the house to curb distance would be approximately the same as the rest of the Parkway. Cont'd. on Page 2 Ii 117 Anderson Lakes Parkway, Eden Prairie, Minnesota 55344 • 16121 941-2001 12T9 aorr THE PaiSERVE ie W. Johnson Vice President - Engineering LWJ/J1 cc: Emmett Johnson Attachments Eden Prairie City Council Page 2 6 - The approval would accommodate the owner of a quality built house and resolve the use of these lots. 7 - Old Outlot I was wide enough for two lots but this question was de- ferred at the time of rezoning. We have decided not to request a subdivision and ask for only one house on the corner lot. This area has been a point of disagreement between us for some time. To . resolve this in a fair and equitable manner, we urge your favorable consideration. Respectfully submitted, .;..,.,i0 41..r. 01ii 1." ',. DP tazalog—.1-•tbi 0 441--4 v '144;111:A:1450t, INT,,X;04 -0 GI. - ge,..04.. til• .s ;‘:, .-- - • ai '.." • m • n o 11 r * w *4 ,4 . 4.. e Eh.T Of . Tn.. ant ion %yr Lit pun Ilmlfilima . .. A fnLIJ: 11111 Andeeson Lakes ParkwaY Eden Prano,Onnesots 55344 46121 941-2001 ...v.'''. -1 9 9 " .),4 • es • fop 55.1 13 DEVOTES YOU MORIUMFAIr AS Disr.R1e00 /Wow • 30 0 30 SCALE IN 24 Loma INON MONUMENT AND IDEMEIFICATION MC (ACTUAL Sall SET AT ALL PCNNTS INDICATED. 5St PM LAND SURVEYOR *TOSS I *nip toll* Met thl• Army whe iterotheit 41, a*, atOhr Awe asurrisiea, aid Mellon a A* Itottistsrat Lea Shfrhor haler thi laws of 111. Phi Mitootolg. D# 7 rapt* isiy_404. (TIMOLTY • .41.1•0000. pirre~MOOKNII Nl to0010.11.0 SONO .000111 4.1•140 AMA 400110 eC •.1 tayertiug Owe 1.1n 14 1 CERTIFICATE OF SURVEY • FOR PRESERVi LOT 3, Bcock I ) GARRIS00 FoResr FOURTH I RPOITIO•V HEAJAIEPIM CO. MV. 1291 oar CERTIFICATE OF SURVEY FOR THE PRESERVE tor 2,, SLOCk I, GARRI50 n0 PORE 57 FOURTH Appirlau HEAVEPO) C0 MAA 13 "1).:•:.f: • " 971°05 6120 , ‘. 1V. 114.1‘ • 1 1 • 1 • 1 0 DEPOTES MOM MOPUMEAJTI, AS DESCRI8E0 BetOw NCHEE RA4S. TOS +Or! 24 LONG MON MONUMENT AND IDENTIFICAT1ON 04SC (ACTUAL sad SET AT AU. POINTS INDICATE% MINK RE& LAND SURVEYOR #70011 30 0 30 SCA1C;;31 I fEET Hwy,* am* me MIstuvro woe PraPond ly lot, or oder imp, onto sorrylsioa, end Mt I oat • did Reidsloyd Lea 3•r•••• ea*" Me hors el 114 SW* al Minastals. 111..11* 4.70111 •POLIRLO 0.0,11. • Ut SI ...WWI M.• Pk. 4., 3.• -0;41 Z.F:66}i lie** ••••n 1. OP OVNIM , March 3, 1980 . .Eden Prairie City Council :Eden Prairie Planning Commission , Ladies and Gentlemen: The Preserve has been approached by two owners of pre-built Vo-Tech homes who desire to place them on Lot 2, Block 3, and Outlot I of the current Garrison Forest Second Addition. These houses equal or exceed the size and quality of the existing houses in the subdivision. They also will be occupied by the petitioners and are not speculative. The lots in Garrison Forest Second Addition are basically 70' to 77' wide With areas that range from 8400 sq. ft. to 24, 258 sq. ft. The proposed houses are 72' wide and therefore will not fit on Lot 2, Block 3. After careful study and a number of meetings with the City staff it was decided that the best solution would be to move the lot lines between Lots 2 and 3, and between Lots 3 and Outlot I easterly enough to accommodate the house. Outlot I is sufficiently wide enough to absorb these changes. The frontages on Garrison Way after the shift exceed those in the rest of the subdivision and the area of the new middle lot,at 8,654 sq. ft., still falls within the range of the subdivision. ' Since this is only a shift in lot lines, there is no change in the number of dwelling .. units. Also since the lots are already platted and no land, is being added or deleted the overall plat we are submitting this as a replat of the affected portion of . Garrison Forest Second Addition into Garrison Forest Fourth Addition. ':::For your information we have concomitantly made the following requests: 1 - Petitioned the Board of Appeals and Adjustment for moving permits for these two houses according to Ordinance 79-34. The public hearing is scheduled for, April 17, 1980. . . . " • • • 2 -letitioned the Board of Appeals and Adjustments for approval of variance ; . • • from the 50' rear yard setback requirement from Anderson Lakes Parkway for . Lots 2 and 3 of the replatted Garrison Forest Fourth Addition. This .hearing is also scheduled for April 17, 1980. 3 - Petitioned the City Council for vacation of the drainage and utility ease- !• ments along the lot lines being shifted. Easements on an existing plat cannot, be just shifted. They must be formally vacated and then reestab- lished on the replat. The hearing has been requested for Aprill, -4- Requested action by the City Council on April 1 or April 15, 1980 on the' • Garrison Fourth Addition Final Plat. This would be subject to preliminary :plat approval by the Planning Commission. Page 2 Eden Prairie City Council Eden Prairie Planning Commission We urge your prompt consideration of this because the owners of the houses are under restrictive time constraints to remove the houses from the Vo-Tech property. We urge your favorable consideration because this would determine the actual use of these three lots. There is uncertainty and apprehension in the neighborhood • regarding these lots. This action would finalize the use and would give a sodded, landscaped, residential entrance to the subdivision. Respectfully submitted, Lee W. John Vice President - Engineering LWJ/j1 Enclosures: 1 Location map • 2 - Garrison Forest Second Addition Plat 3 - Garrison Forest Fourth Addition replat 4 - Lot surveys of the houses on the Fourth Addition 129 11 *OS CITY OF EDEN PRAIRIE ••••nn Variance # 80-9 APPLICATION FOR A VARIANCE THROUGH THE ZONING BOARD OF APPEALS AND AEOUSTmENTS PURSUANT To ORDINANCE No. 77-6 AND No. 135 DATE. APPLICANT'S NAME The Preserve ADDRESS 11111 Anderson Lakes Parkway Eden Prairie, NW, pHOAS 041-1059 ZIP 55344 • DESCRIPTION OF VARIANCE REQUEST (attach 8 1/2 x 11 drawing) see attached letter and exhibits - Reduction in 50'rear yard setback requirement from Anderson Lakes Parkway LEGAL DESCRIPTION AND STREET ADDRESS OF PROPERTY. Lots 2 and 3. Block 1. Garrison Forest Fourth Addition 9230 ant9240Jaarrisnn Way APPLICANTS SIGNATURE. FEE $25.00 PAID v RECEIPT 9/46- -466 ThePreserve February 27, 1980 Board of Appeals and Adjustments City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Gentlemen: Attached are site surveys for 2 lots in the Garrison Forest Fourth Addition in The Preserve. We are requesting a variance from the 50' setback require- ment from Anderson Lakes Parkway. We are requesting this variance because: ls- The 50' rear yard and 30' front yard setbacks would only allow an 18' deep house on the corner lot and a 23' deep house on the second lot. 2 - The rear yard setbacks will still exceed the 20' requirements of Ordinance 13b dnd the Zoning Agreement. 3 - The topography of the lots allows for the berms and landscaping necessary to buffer the rear yards from the roadway. 4 - The land on the other side of Anderson Lakes Parkway is County Park and therefore there will be no future residential construction that would be affected. Please give the required notice through mailings and publication so that this can be considered at your March 20th meeting. Respectfully submitted, Lee W. Johdfon Vice President - Engineering LWJ/j1 Attachments ta96, _meg Ittl14nd0/01,1LakpeParkwav FktowhAin.AdLumiteasIRAW • 16121947-2001 •"'"-,..."•nnnn•• —•—•—••••"--•'"•imer•- • ••n• THE --n""" wyge aj.. at.11...) 000" .04.0 0C wed., s .0/0 sq )8 NO , 6-0009 SCALE , IN FEET 1064 IRELD 8001 1( PAGE'. 'DRAWN 13P,A.41. De* Zi± jaw. #10../4Ge_g CERTIFICATE OF SURVEY FOR ThiE PRE.:ERVE LOT 2, SLOck I GARRISOA) FOI2E57 MORI,/ ADO/770et) HEIVAIEPOJ CO. MA), tA% el "W \ litscp,;.5 eacl 0 DEPOTES IROM InOMOMEA/1"5 AS DE5CRI8E0 BELOW 24 LONG IRON MONUMENT AND IDENTW nCATION DISC (ACTUAL SIZE) SET AT ALL POINTS INDICATED. MIK REG. LAND SURVEYOR •7095 13455 POI? BERRIP65 IS A5SUM1D '0'0(02 n 1)=0,100 g. 31 .1 ar NtA/1 11.04a., .41.4.C nog •0 30 0 30 Mr* cortily the Ws surrey mos preperol Ay ma, or owlet my direct soperrIsioo, sof / on • otely Ropitteloi Land Sofrayot ooder IA* isms onIa SW* of Aboassols. Sils° 065. :Z...,42:14) 75 FY. IttO 1..tte•Vit • • "4 S. k•-b kt=87655Ve n n R2:I0.00 15.35 041.9°Ng 147405513 4515 FOR 85ARIKI65 IS IISSOMEO . o DEAIOTES IROA) MOtRIMEAir AS 01%4#2430D OttOW CERTIFICATE OF SURVEY FOR ME PR E R LOT 3, LOC-I( I GARRISOI., POR.i'LF FO nIIRTIY 'TIOAJ HEMVEFIA.I CO. MU 24* LONG IRON tacetuttENT AND IDENTIFICATION DISC (ACTUAL SIZE) SET AT ALL POINTS INDICATED. /AWL REG. LAND SURVEYOR #7095 30 0 30 SCALE IN FEET 101 43;k0 I &sobs etrIllY4V MIS stow sot nOstros00 if Mg, of seder as direct sodsvIsloo, on/ Mall m s day Rooistrod Load Silvio , SIMI, Ms lows ol Ms SW* o Mismosole. .41 Dere 2 7 fe LAW."1— 1DRAWN 131774 41. la NO 6900q 'FIELD BOOK: • PAGES. -4- 1. Application received by 949L Date 2. Fee $25.00 Paid /liar/ ;de 7/VP 3. Ordinance Provision (s). which applies -17:to 4. Date to be considered by Board '5 7/77/V Date of Publication 5. Mail notice to property owners within 500 feet of subject property at least 10 days before hearing date. Date mailed. 10 6. Staff recommendation: Prior to the final platting of Garrison Forest 2nd Addition, the Preserve constructed certain utility lines and streets which dictated the street location for Garrison Way which abutts the south side of the subject lots. Apparently the Preserve was unaware of the City's usual requirement of a 50' setback from State, County, and NSA roads. Anderson Lakes Parkway is an NSA (Muncipal State Aid) road with a projected traffic volume of over 8,000 trips per day and therefore the 50' setback was required by the City Council. There is a hardship in this case because the lots will be essentially unbuildable given the required 50' setback. .There are factors as pointed out in Mr. Johnson's letter of 2/27/80 which will lessen any negative impacts if the requested variance is granted. There is ample opportunity in the rear yards for berming and plantings to help screen the future houses from traffic on Anerson Lakes Pkwy. Recommend approval of variance request #80-9 allowing a 38' setback for L2, Bl and a 41' setback for L3, Bl Garrison Forest 4th.Addition as measured from the south line of Outlots B and C, Garrison Forest 4th Addition. i300 it4t UNAPPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, April 17, 1980 MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: CALL TO ORDER - ROLL CALL 7:30PM, CITY HALL Chairman James Wedlund, Roger Sandvick, and James Dickey Ronald Krueger and Richard Lynch Carl Jullie, P.E. Director of Public Works and Sharon Gagnon, Recording Secretary I. Election of Officers. MOTION: Sandvick moved to postpone the election of officers until the next regular meeting. Wedlund seconded; motion carried unanimously. 2. Minutes of March 20, 1980 regular meeting. MOTION: Wedlund moved to postpone the approval of the March 20th minutes due to a lack of quorum until the next regular scheduled meeting. Dickey seconded, motion cameo unanimously. 3. Variance Request #80-9 submitted by the Preserve to allow a rear yard setback less than 50 for Lots 2 and 3, Block 1 Garrison Forest 4th Addition. John Hissink, chairman for the Design Review Committee of the Preserve, explained the history of the lots. He stated that these lots were originally Lots 2 & 3 and Outlot I of Block 3, Garrison Forest 2nd. This is presently being replatted to Lots 1, 2, and 3, Block 1, of Garrison 4th Addition. Rear yard variances are needed for Lots 2 and 3 since 50' is required from Anderson Lakes Parkway per the development agreement for Garrison Forest 2nd Add. Jullie noted this would allow a 38' setback for Lot 2, Block 1 and 41' setback for Lot 3, Block 1. These lots are essentially unabuildable with the required 50' setback. Dickey questioned if the three requested items on the agenda are interrelated. Hissink said that the items are related because the house moving requests are for two of these lots. Wedlund noted that if the Board should give approval to the rear setback variance it would not indicate that the other items were also approved. John Dougherty, 9260 Garrison Way, explained that his home was on a lot bordering the lots requesting the house moving permits, and presented a petition to the Board. He noted in the second paragraph of the petition that they also opposed the variance from the 50' setback. He stated that he had called Mr. Peterson of the Preserve and was told that the lots -2- Bd. of Appls & Adj. - unapproved April 17, 1980 were unbuiIdable. Doughtery stated he did not know if this was a fact but felt the Preserve had created a poor design in the original p l a t a n d n o w want to be bailed out at the expense of the house owners by c r a m m i n g t h e h o u s e s . Hedlund questioned if the Preserve had any other plans other t h a n m o v i n g the houses on these lots. Hissink replied that he was not aware of any at this time. He p o i n t e d o u t that only one house moving request is contingent on this varian c e a p p r o v a l . Lot 1 does not need a rear yard variance. The replat is moving t h e l o t lines easterly adding to lots 1 and 2, decreasing lot 3 of Garr i s o n 4 t h . Wedlund asked if the City Council vacated Outlot I. Jullie stated that the Preserve owned Outlot I and it was neve r d o n a t e d to the City. Thomas Pooton, 9380 Garrison Way, stated that he had purchased h i s h o m e over a year ago from Ban-Con because of the concept that all t h e h o m e s would be built by the same builder. He explained there were p r o b l e m s i n the area. One of these was a storm sewer that was staked inco r r e c t l y b y BRW and later BRW was forced to purchase the lot since it was u n b u i l d a b l e . He stated that he was told a berm would be built high enough t o s c r e e n the Eden Prairie Center and a traffic light would be installe d , b o t h o f which have not been done. He also stated that the Learning T r e e C e n t e r had wished to purchase these lots but only if the Center met w i t h t h e approval of the neighbors. The people turned down their requ e s t i n o r d e r to preserve their concept of the area. He said he had looked a t t h e homes at Vo Tech to be moved and felt they would not fit in w i t h t h e other Ban-Con homes. Hedlund said he had looked at this area and felt the interse c t i o n w a s dangerous. He questioned Jullie in regard to the projection of t r a f f i c on Anderson Lakes Parkway. Jullie stated that Anderson Lakes Parkway is a Municipal State A i d r o a d with a projection of 8,000 trips a day. At the present it seem s t h a t o n l y minor widening in approximately 5-10 years will become necessa r y a n d t h a t will be based on the availability of traffic funds. This may n o t b e for several years if the decrease in the size of the cars and the consumption of gas continues. The ultimate plan would allow for a four lan e d i v i d e d ' road with a median. Dougherty questioned how far were the proposed homes from Ande r s o n L a k e s P k w y . Jullie stated that the rear yard setbacks for Lot 2 is 38' and L o t 3 i s 4 1 ' p)us the area that would be the boulevard. Ralph Hanson, 9925 Garrison Way, stated that he had approache d t h e C i t y C o u n c i l when Super Valu was being planned because of the traffic prob l e m o f n o t seeing cars coming over the ridge. He was opposed to the pro j e c t b e c a u s e of a compound of various problems. Hissink stated that he felt the distance problem will be corrected after the 1.3ca 4.1401' -3- Bd. of Appls. & Adj. - unapproved April 17, 1980 road is widened and the traffic light installed. He noted that Garrison Forest I was developed first and it is south of Garrison Forest 2nd. The access to Garrison Forest 2nd was established at the time of the platting of Garrison Forest I. Later the Preserve discovered that the right of way was 50' instead of 33' because of Anderson Lakes Pkwy. Dickey questioned Dougherty regarding what he was told by the Preserve. Hissink noted that the Preserve could not control the square footage of a home but considered the harmony in design and topography. He presented the Board with a comparison sheet showing the total living area of the homes in the neighborhood and noted that only two other homes have more square feet. He explained that Ban-Con does not build a rambler. Dickey felt that the size was not the issue. Wedlund questioned why this issue was before the Board rather than the Planning Commission. Jullie stated that the City Council had approved the preliminary plat a couple of weeks aco. The new plot will shift the lot lines which will decrease the size of Outlot I, but will make the other lots larger. Sandvick noted this problem goes back to the Preserve unanware of the 50' setback set forth by the City and the additional right of way needed. Jullie stated that federal funds were used for Anderson Lake Park and the City could not take any land for Anderson Lakes Pkwy. The land had to be taken from the south side of the road but the streets and utilities for Garrison Forest 2nd were already in and therefore creating the problem. Sandvick noted that the projected trips on the parkway was 8,000 trips but possibly more could be anticipated. Pooton expressed concern for egress and ingress to the shopping center. MOTION: Wedlund, seconded by Dickey, moved to deny variance request 80-9 since the findings indicate a better solution could be found. Buildino on Lot 3 of Garrison Forest 4th would increase the danger of the intersection combined with the dip in the road to the west just short of this area. The petition from the neighborhood opposed granting of this request. Also noted was the desire of the neighborhood to keep the openess of the area without squeezing in additional homes. DISCUSSION: Hissink noted that two of these lots were larger than any of the other lots in the area. He felt this was the best solution for this area. Wedlund said the design was orininallv bad and should be corrected with more open space. He told Hissink that he had the option to aooeal this before the City Council. 1 3!)3 aitt May 6, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-86 • RESOLUTION SETTING HEARING FOR APPEAL OF DECISION OF BOARD OF APPEALS & ADJUSTMENTS, BUILDING MOVING PERMIT 111180-8 WHEREAS, the Board of Appeals and Adjustments, on April 17, 1980, approved a request for a building moving permit #M80-8 for Lt 1, Block 1, proposed Garrison Forest 4th Add., and WHEREAS, John -D, Dougherty has filed with the City a written request . , . asking the City Council to review said denial. NOW, THEREFORE, BE IT RESOLVED By the Eden Prairie City Council that a public hearing on said matter shall be held at 7:30 P.M. on Tues., May 20, 1980. The City Clerk shall give published and mailed notice of such meeting. ADOPTED by the Eden Prairie City Council on •• Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk Very truly_ypurs, rt /r i m i4to April 24, 1980 The Honorable Wolfgang Penzel Mayor, City of Eden Prairie Dear Mx. Mayor: I wish to appeal the decision of the Board of Appeals and Adjustments on April 17, 1980 granting building moving request No. 1480-8 submitted by Lyonell Ostrom, said building moving request requesting permission to move a building onto Lot 1, Block 1, Garrison Forest 4th Addition, Hennepin County, Minnesota. I under- stand that such appeal will be to the City Council and that you will advise me of the date thereof. 2:: );/;4 0 c tocipe.e.34 441,eiti A3.z.i, 4 /ie tsor a 4 4, ke Vc.c.r dh../e , .1 - 13 it C. c0 ,7 . C 1 con,,,Cer tt 0 1 1, WAD, c•ty e r C4 I Mit. e, -3);rc L. RAE:- W.,Ls CITY OF EDEN PRAIRIE 8950 EDEN PRAIRIE RD EDEN PRAIRIE MN 55344 PHONE 937-2262 vit APPLICATION FOR VARIANCE OR BUILDING MOVING PERMIT PURSUANT TO ORD 135, 77-6 AND 79-34 DUE March 7, 1980 APPLICANT'S NAME • LYONELL OSTROM ADDRESS i885 FLAG AVENUE NORTH NEW HOPE. MINNESOTA PHONE (HOME) 535-1904 (WORK) ZIP 55428 APPLYING FOR: VARIANCE X BUILDING MOVING PERMIT ATTACH THE FOLLOWING WITH VARIANCE APPLICATION 1. 81/2 X 11 survey showing lot lines and setbacks of existing and proposed structures and location of buildings on adjoining properties. Also show pertinent topographical features such as trees, fences, berms, steep slopes, pending areas, roads, existing and proposed elevations. 2. Letter addressed to the Board of Appeals and Adjustments explaining nature of variance request and reasons why conformance to the literal provisions of the City's ordinances would cause undue hardship. 3. Legal description of property to which variance applies. 4. $25.00 fee payable to City of Eden Prairie. ATTACH THE FOLLOWING WITH BUILDING MOVING PERMIT APPLICATION 1. 81/4 X 11 survey showing lot lines and setbacks of existing and proposed structures and location of buildings on adjoining properties. Also show pertinent topographical features such as trees, fences, berms, steep slopes, pending areas, roads, existing and proposed elevations. 2. Six color photographs of (a) two or more views of the building to be moved, (b) the lot on which the building is to be located, and (c) the lands and structures thereon adjacent to the lot on which the building is to be located. 3. Letter addressed to the Board of Appeals and Adjustments explaining general construction details, sire and year of anstruction of 10(1, Mier TO: Board Of Appeals & Adjustments DATE: April 17, 1980 . SUBJECT: Moving of two buildings from Vo-tec Schools into Eden Prairie FROM: Walter D. Johnson, Building Official Pursuant to Section 3 of Ordinance 79-34; I personally made investigations of the residences located at both Suburban Hennepin Vo-tec schools. My observation indicated that the homes are structurally sound, and in :good repair. I noted a few items that had to be corrected before the homes were moved into Eden Prairie, the carpenter instructor indicated that they would be corrected. End Of Report. . March 7, 1980 Board of Appeals and Adjustments City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Gentlemen: I propose to move a 1300 square foot Rambler, built by the South Campus of Hennepin Technical Center, to Lot 1 Block 3, Garrison Forest Fourth Addition, Hennepin County Minnesota. The structure meets all State Building Codes, has been inspected by a State inspector and meets the requirements of the code. Construction was started on the structure in 1979 and will be completed by May 1, 1980. Features,: Overall dimensions 72'2" X 28'6" ' 1300 square feet. Three Bedrooms. Rough Sawn Cedar Siding and Brick Veneer. 1 3/4 bathrooms. Vaulted beam ceiling in the living room. Heatolator energy pak fireplace w/glass doors. Dining Room. 22 x 24 attached garage. R-30 ceiling insulation. 1" styrofoam sheathing - Wall R19. Anderson casement windows w/insulated glass. Patio Deck. Walkout basement - rear. Legal Description: Lot 1 Block 1, Garrison Forest Fourth Add- ition, Hennepin County, Minnesota. (Copy of Survey attached) Principal buildings on lands abutting the land on which building is to be moved is from 0 to 5 years. (Shopping center under construction at the present time - dwellings 0 to 5 years old) Prior to filing for this Building Moving Permit I have contacted adjacent home owners. Attached are colored photographs of the building to be moved, the lot on which the building is to be located, and the lands and structures theron adjacent to the lot on which the building is to be located. Your kind attention to processing this application is greatly appreciated. Very truly yours, v'eaw-te Catem- 1244.- Lyonell Ostrom 4885 Flag Ave. North New Home, Minnesota 55128 I c L t orzy •C'4T0 tofleCmi:vetCAMI 4.0 110.1.0 fCiffit0GefC011•9C •4 If •Oft *id •Ye Maw ••••• IQ POW& CERTIFICATE OF SURVEY FOR • LVOVELL OSTROM 1.or Boa I, Goavsau Fozesr F00277/ /11Diornom HEIJOEPIO CO, NIA J, sii.osig„--2"‘a riALITY 1.4471,93%as.,.. Ctu,"g 0 PEAJOTEs Mau MciiiiuMENT5 a5 DE5CA/8ED ‘30,061 NOTE : :42 4r/s /S, 47° eiti*,5 '7n• 444e 3/404,4 421. V4 y 401A E WO 1,4157145 61245E -- PROPosso C 7 SuRFAcr aftiliAmc,a MR rice ox FocitooseU Ea.:: 0742 mop. Ohlohaz PcooR SLE, S 976.9 PROP. ORSEMEMT ;Lax 819.0L,y nolext TOP M1T Ht0944IT AT tor ..,13 4 0Clc 6tIRVSO.0 "bast?' nw40 440170,0 e-LEKs 8713.2 I Am* tett* that thIs stow Etta prepord af, a. sada my &rave agyalvlsiat, *at/ lhat / 00 • alay Royaltrad taal Storey*, toothy ?ha as el Ms 3141e tr/ . v. lISON FOREST SECOND ADDITION Proposed Squa4r .i Comparison Chart • ' - r 0 • .. '(LIVING) . • HOMEOWNER MODEL f 1st PLR :2nd FIR TOTAL BASMT 'GAR :TOTAL HOUSE cc LEGAL ADDRESS 131 Li 9420 Garrison 2 9400 " B2 Li 9380 2 9360 3 9340 4 9320 9300 6 9290 7 9280 8 9270 83 Li 9260 2 9250 3 9240 Z.973 Outlot I 84 Li 9245 2 9225 3 9205 85 Li 9365 2 9345 3 9325 4 9305 " 5 9285 " 6 9265 " B6 Li 9425 " 2 9405 " 3 9691 Clark Circle 4 9681 " . 9671 " 6 9661 " • 7 9652 8 • 9662 10 9682 9 9672 N N 11 9692 12 9702 13 9712. G-9-8 666-8 G-7-B 666-A 666-C 666-C G-9-B 666-A G-9-8 1290 1297 1078 1337 1337 1297 1290 1297 1973 - - - 1290 1297 1078 1337 1337 1297 1290 1297 1973 1290 1245 1008 845 852 1245 1290 1245 1488 447 584 480 630 633 447 535 447 667 G-9-A 1342 1342 1342 447 1-4TC-C7 133a E332 1803 5445 HC-'D7 13010 13q0 13c10 52e, 666-C 1297 1297 1245 488 G-9-A 1290 1290 1290 447 666-A 1297 1297 1245 440 G-9-B 1290 1290 1290 447 666-2 1297 1297 852 447 G-7-A 1162 1162 1008 480 G-6-A 1084 1084 960 440 669-A 924 924 864 460 666-C 1297 1297 1245 447 666-C 1297 1297 1245 447 668-C 944 944 944 504 804-A 1129 864 1993 832 495 8-6-A 1075 - . 1075 952 447 36-B 1330 1330 1248 498 G-7-A 1078 1078 1008 480 G-9-B 1290 1290 1290 491 8-9-A 1342 1342 1342 491 Humphreys Erhart Hirabayski Beebe Bendurant Meligy Yahn Schuberg Briant Asby Toepal Hildebrandt Chang • Nguyen Walters Lotzer Way Swanson Pfau 111 Namvar Hester II . Anderson 11 Gothro Ottum 11 Eisenberg Pooten 11 11 Dougherty It mrleorn JoNwsOK Hanson SI 11 11 3027 3126 2566 2815 2812 2989 3115 2989 4128 3131 37:t0 33013 3030 3027 2982 3027 2596 2650 2484 2268 2989 2989 2392 3320 2474 3076 2566 3071 3175 John L. Hissink, A.S.L.A. Chairman, Design Review COMM. April 17, 1980 / I I • ' LW' 4-4-utLix-iC 1 --eat ti 400 --Lti,4 JAW-X.4,4 cy tW LLd 01.61 Ju. mtAtt4 tr&-61,/- pdf-44_, 6/ 9.L (NwO ta iLtax Lk/ i 13 0, 4415. 618 4 11 PETITION THE UNDERSIGNED, neighboring property owners and residents, strongly oppose the placement of the buildings constructed by the South Campus of the Hennepin Technical Center on Lots 1 and 3, Block 1, Garrison Forest Fourth Addition, Hennepin County, Minnesota. These straight un- appealing moveable structures are in substantial variance and disharmony with the established pattern of building development in our neighborhood. As such they do not qualify for placement in the aforesaid lots under either Hennepin County Ordinance 79-34 or the Restrictive Covenants applicable to the lots. We have suffered enough with the Super Valu development permitted at our back doors. Please do not allow our neighborhood to be further sullied with these cheap mobile homes. We further oppose the Variance requested for Lots 2 and 3 in said Block to the 50 foot set back requirement from Anderson Lakes Parkway. This area is already ugly enough with the commercial development across the street. Resident Number Street I'VrhAT.b5NOJekt oftiDS (thelNitttA Oat, 411016_filltjetaziaeh 9sso ,f10.4/16;x_ r 91-30 aste,e/soiv CA#930 Ole Of datzi4i0"., fs-A ,014410...7 thakkolIkkUkv,Aine,t1 two 6-ewt ts;),- cui kilr4.-Caialh;n (V410 CAll-k Cbg 5543c GARRIS04 (A.1 ggi/A44-e-e-e-fi 02- Ze). PETIT/ON THE UNDERSIGNED, neighboring property owners and residents, strongly oppose the placement of the buildings constructed by the South Campus of the Hennepin Technical Center on Lots 1 and 3, Block 1, Garrison Forest Fourth Addition, Hennepin County, Minnesota. These straight un- appealing moveable structures are in substantial variance and disharmony with the established pattern of building development in our neighborhood. As such they do not qualify for placement in the aforesaid lots under either Hennepin County Ordinance 79-34 or the Restrictive Covenants applicable to the lots. We have suffered enough with the Super Valu development permitted at our back doors. Please do not allow our neighborhood to be further sullied with these cheap mobile homes. We further oppose the Variance requested for Lots 2 and 3 in said Block to the 50 foot set back requirement from Anderson Lakes Parkway. This area is already ugly enough with the commercial development across the street. Resident tV Afl i -1 ' 1/. CW-0-7V Number Street 415 OZ. 0) arts WI. tic° telt Pet Sin a karc • kes-kx..... (11<-:fif Qrea-t-SC LOW Cr!' t' (7.- 0nAi_ PETITION THE UNDERSIGNED, neighboring property owners and residents, strongly oppose the placement of the buildings constructed by the South Campus of the Hennepin Technical Center on Lots 1 and 3, Block 1, Garrison Forest Fourth Addition, Hennepin County, Minnesota. These straight un- appealing moveable structures are in substantial variance and disharmony with the established pattern of building development in our neighborhood. As such they do not qualify for placement in the aforesaid lots under either Hennepin County Ordinance 12=34 or the Restrictive Covenants applicable to the lots. We have suffered enough with the Super Valu development permitted at our back doors. Please do not allow our neighborhood to be further sullied with these chtesazobile homes. We further oppose the variance requested for Lots 2 and 3 in said Block to the 50 foot set back requirement from Anderson Lakes Farkray. This area is already ugly enough with the commercial development across the street. claGV - ev.ovis'en kt.3. fz85 a/A7 910 &iriy 9 3hti (;-.1 rr 11/11 /.:11 .tv ) i2 c. _ (1" „,,,r, 3.6o }442,t.c2u.so- 1:2,A"/ tWe „,i..LLZ .131S 7 -4- 5d. of Appls 8 Adj - unapproved Thursday, April 17, 19'...1 '. Building Moving_Reguest #M80-7 submitted by Emmet t C . J o h n s o n l o c a t e d a t Lot 3, Block 1 Garrsion Forest 4th Addition. Wedlund noted that this house moving permit would be n e g a t e d d u e t o t h e d e n i a l of variance request #80-9. He suggested Johnson with d r a w t h e r e q u e s t a n d i f the City Council should overrule he may reapply. Johnson stated he would withdraw but added that only d e p t h i s t h e p r o b l e m s i n c e he felt his home was compatible with the other homes a n d w o u l d b e s p a c i o u s a r o u n d i t . 5. Building Moving Request #M80-8 submitted by Lyone l l O s t r o m l o c a t e d a t L o t 1 , Block 1 Garrison Forest 4th Addition. Wedlund questioned if any other variances are needed f o r t h i s a p p l i c a t i o n . Dougherty stated he felt the house was in violation o f O r d . 7 9 - 3 4 , S e c t i o n 5 , Item G, "if the location to which the building is to be moved i s i n t h e C i t y , the building is in substantial variance with either t h e e s t a b l i s h e d o r t h e expected pattern of building development within the n e i g h b o r h o o d t o w h i c h the building is to be moved. Comparative age, bulk, a r c h i t e c t u r a l s t y l e a n d quality of construction of both the building to be mov e d a n d t h e b u i l d i n g s existing in the neighborhood shall be considered in de t e r m i n i n g w h e t h e r a building is in substantial variance." Dougherty point e d o u t t h a t t h e h o m e to be moved is a straight home without any design that w o u l d i t m a k e i t compatible with a Ban-Con Home. Marjorie Ostruni, wife of Lyonell Ostrom told the Boar d o f h e r c r e d e n t i a l s a s a building official for Maplewood and a licensed rea l e s t a t e b r o k e r . S h e f e l t the homes are quality built by the students and must m e e t a l l o f t h e S t a t e Building Codes. She felt the home was esthetically pl e a s i n g w i t h g a b l e s , overhangs and partial brick. They planned to live in t h e h o m e ; n o t t u r n i t over for profit. Pooton said he had visited the Vo Tech schools and ad m i t t e d h e h a d a h a r d t i m e visulizing the home with gables etc. and moved on to p r o p e r t y . H e f e l t i t h a d a double wide mobile home concept and would not match t h e i r n e i g h b o r h o o d . Dickey asked if they would be willing to gamble that a b e t t e r h o u s e w o u l d b e built. He noted the house had 1332 sq. ft. which wa s m o r e t h a n m o s t o f t h e other homes. Ostrum said the house had seven corners on the front w h i c h d i d n o t m a k e t h e house straight. Dickey felt the home was built with quality but coul d e m p a t h i z e w i t h t h e p e o p l e concerned in the neighborhood. Ralph Hanson, 9245 Garrison Way, said he was familiar w i t h t h e q u a l i t y o f t h e interior.portion which could not be viewed as a passe r b y . H e f e l t t h e h o u s e was flat. Wedlund questioned Hissink regarding the approval of t h e P r e s e r v e . Hissink replied that the Design and Architecture Revie w C o m m i t t e e h a d n o q u a l m s about this home. He added that Ban-Con did not have a h o u s e that would fit on the lot and had moved on to Hillsborough. veer 8110 Bd. of Appls & Adj- unapproved -5- April 17, 1930 Wedlund explained that Ban-Con has moved out of this area and the people could not control any other builder building on these lots. Susan Dougherty stated that they paid dues to an association of the Preserve for protection of their rights and felt they were not being represented. Sandvick noted the petition called the homes "cheap mobile homes" and felt some people could have been mislead by the wording. Technically any home could be moved. John Longly, stated that he and his wife had gone to see the proposed homes before reading the petition and his wife's first statement was, "They look just like a mobile hone". Mrs. Ostrum reiterated the fact that the homes were not built as a mobile home with the code for them but as a home with the uniform building code. Their intention is to make the home fit in with the area and the neighborhood. They just wished to move to the community of Eden Prairie. Johnson noted that most people could not tell existing Vo Tech homes after they were placed on a lot. Pooton questioned the reason for the signs of the house moving requests. He felt negative feelings were a result of these signs. Wedlund explained that the Ordinance for house moving requests had this requirement for the protection of the neighborhood. Hissink pointed out that the Ordinance was passed only about six months ago. Hedlund asked if Ostrum had a time limit for moving the house from the Vo Tech school. °strum said the deadline was May 10th. •• Sandvick said he felt the home met all the requirements of the Ordinance and felt their was a problem with the accurateness of the wording of the petition and the possibility that not all the people saw the home. Pooton asked Hissink if there was an alternate plan. Hissink stated he was not in a position to say. Mr. Mike Krumpotich, 9550 Garrison Way, stated that this would not directly affect him but just didn't like the idea of a cramped area. He pointed out the fact a shopping center was already approved and wanted the remaining area preserved. He also didn't like the idea of a rambler. Sandvick explained that all someone needed to build a house was a buildino nermit. The person could build any style home he wished. •dckey noted that since the lots backed Anderson Lakes Parkway that not everyone would be interested in purchasing the lot. Susan Dougherty felt they did not have time to fight the Preserve. -1=24 130 Bd. of Appls & Adj unapproved -6- April 17, 1980 Sandvick explained that if the Board passed this request they had the option of going before the City Council. Hissink asked if the Preserve could get a copy of the petition. Dougherty remarked that a petition is an emotional response to an issue and reflect their feelings in regard to the houses not conforming. In regard to the adjectives "cheap Mobile home" this could be slanted but is no reason to disregard the petition. He felt the Board was substituting their judgment for theirs. Wedlund felt certain stipulations should be added if the request was approved. The exterior of the home, shubbery, and other codes should confcrm. . Ostrum said he had already contracted a company for landscaping. Hissink said the Preserve had approved the floor plans but not the final plan regarding the color and texture of the exterior. This must meet the covenants and the completion time for the yard is one year after the growing season. Wedlund questioned Ostrum about the driveway. Ostrum said he had planned to put in concrete unless the Preserve requested blacktop. MOTION: Dickey moved to approve, seconded by Sandvick, to approve the building moving request submitted by Ostrum for Lot 1, Block 1 Garrison 4th with the conditions that the landscapinn be in accordance with the area and installed by the time accorded by the Preserve. The color and texture (brick) of the exterior should be approved by the Preserve Homeowners Asso. A driveway should be installed. The hone would meet the requirements of the Building Department for the foundation, basement, and other conditions. Sandvick added that contrary to the petition the home does conform to Ord. 79-34. Motion carried unanimously. 6. Other Business Jullie pointed out a problem with the next meeting falling on the date of the Award's Banquet. MOTION: Hedlund moved, seconded by Sandvick, to move the May 15th regular meeting to May 22nd. Motion carried unanimously. 7. Adjournment. Sandvick moved, seconded by Dickey, to adjourn at 10:15. Motion carried. 13IY tazi-