HomeMy WebLinkAboutCity Council - 07/01/1980EDEN PRAIRIE CITY COUNCIL
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; Planning Director Chris Enger;
Finance Director John Frane; Director of
Community Services Bob Lambert; City Engineer
Carl Jullie; and Joyce Provo, Recording
Secretary
(1411 FALL
TUESDAY, JULY 1, 1980
t,nuNcIL MEMBERS:
COUNCIL STAFF:
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JUNE 17, 1980 Page 1657
CONSENT CALENDAR
A. 2nd Reading of Ordinance No. 80-14, rezoning 5.2 acres from Rural to RN Page 1665
6.5 for 32 quadra-minium units for Northmark East by Ban-Con and
developer's agreement
B. Clerk's License List
C. 2nd Reading of Ordinance No. 80-15, rezoning 11.7 acres from Rural to
RN 6.5 for 68 quadra-mini um units for Northmark West by Ban-Con
and developer's agreement
D. Resolution No. 80-121, proclaiming September 8th as NATIONAL CANCER
DAY
E. Final plat approval for Maple Leaf Acres 8th Addition (Resolution
No. 80-123
)
F. Final plat approval for Cardinal Creek 2nd Addition (Resolution
No. 80-124)
IV. PUBLIC HEARINGS
A. Public Hearing for street name changes: Bluffs Road, Bluff Road and
Homeward Hills Road (-Ordinance No. 80-16)
V. PAYMENT OF CLAIMS NOS. 2098 - 2304 Page 1699
VI. REPORTS OF ADVISORY COMMISSIONS
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Gelco First Addition by Gelco Corporation. Request for PUD Page 1704
Development Stage approval to preliminary plat the 60 acre Gelco PUD
into 9 lots and 10 outlots. Located north of Anderson Lakes and South
of 1-494 and West 78th Street (Resolution No. 80-114)
B. Reuest from Rosewood corporation for an additional extension of their Page 1712
4 Municipal Industrial Development Bond final approval to the 20th of
' January, 1981
Page 1674
Page 1675
Page 1688
Page 1690
Page 1693
Page 1696
Council Agenda , - 2 - Tues.,July 1, 1980
/( )
C. Request from Eden Prairie Partners for an extension of their Municipal
Industrial Development Bond final approval to October 7, 1981
D. Communication from Abbie Picha, President of the Eden Prairie Page 1715
Historical Society, requesting preservation of the peony garden
00 east of the Grill home on Pioneer Trail
VIII. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 80-03, rezoning approximately 111 acres
from Rural to R1-13.5 for Olympic Hills 6th Addition by The Preserve
and Olympic Hills Corporation, and developer's agreement
B. Ordinance No. 80-16, requiring permits for the discharge of Firearms
and amending ORTiiance Nos. 337 and 347
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Appointment of 1 member to the Parks, Recreation & Natural
Resources Commission to fill an unexpired term to 2/28/81
(Continued from 6/17/80)
2. A ointment of 1 citizen member to the Citizens Advisory Group
CAG Continued from 6/17/80)
B. Report of City Attorney
C. Report of City Manager
1. Petition for mediation from Local 49
2. Discussion on disposition of the Steelman property
D. Report of Director of Community Services
1. Trail connection between Edenvale Boulevard and Hillcrest Court Page 1757
2. Community Center Funding Page 1763
3. Request for authorization to condemn right-of-way across Chicago Page 1768
Northwestern Railroad propertylution No. :0-120)
E. Report of City Engineer
1. Receive feasibility report and set hearing date for frontage road Page 1772A
project on south side of T.H. 5 from Fuller Rd. to Co. Rd. 4, I.C.
51-336 (Resolution No. 80-122)
_2. Sprinkling ban
X. NEW BUSINESS
XI. ADJOURNMENT.
Page 1713
Page 1716
Page 1754
Page 1755
Page 1773
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 17, 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; Planning Director Chris Enger;
Finance Director John Frane; Director of
Community Services Bob Lambert; City
Engineer Carl Jullie; and Joyce Provo,
Recording Secretary
INVOCATION: Councilman Dave Osterholt
PLEDGE OF ALIEGIANCE
ROLL CALL: Edstrom, Osterholt, Pauly and Redpath present; Penzel absent.
In the absence of Mayor Penzel, the meeting was conducted by Acting Mayor Sidney Pauly.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were removed from the Regular Agenda and placed on the
Consent Calendar: IX. D. 1. Receive and award bids for tennis courts at
Round Lake Park and Prairie East Neighborhood Park and multi-use court at
Topview Neighborhood Park; IX. D. 2. Receive and award bids for the porch at the
Senior Citizen Center - continued to July 15,1980; IX. E. 1. Consider bids
for improvements in Norseman Industrial Park 4th Addition, I.C. 51-359 (Resolution
No. 8o-11E- and IX. F. I. Request to set Public Hearing for Municipal Industrial
Development Bond approval in the amount of $2,300,000.00 for Braun-Kaiser Company
for July 15, 1980
MOTION: Osterholt moved, seconded by Redpath, to approve the agenda as amended
and published. Motion carried unanimously.
II. MINUTES
A. Special City Council Meeting held May 27, 1980
MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of
the Special City Council Meeting held May 27, 1980, as published. Motion
carried unanimously.
B. Board of Review Minutes from meetings held May 27 and June 10, 1980
MOTION: Redpath moved, seconded by Edstrom, to approve the minutes of the
Board of Review meeting held May 27, 1980, as published. Motion carried
unanimously.
MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the
Board of Review meeting held June 10, 1980, as published. Motion carried
unanimously.
C. City_Council Meeting held Tuesday, June 3, 1980
Pg. 6, 9th para., line 4, before "displayed" insert "stated he could move the
rocks if Mr. Irviirj so desired and"; Pg. 9, 1st para., 2n4 line, strike 'A typical'
and insert in lieu there "atypical".
MOTION: Redpath rov:)d, seconded by Edstrom, to approve the minutes of June 3.
,. I J • 4.• • A I: I
City Council Minutes - 2 - Tues.,June 17, 1980
III. CONSENT CALENDAR
A. Request to set a Public Hearipg_for Anderson Lakes Parkway Neighborhood
Shopping Center for July 15, 1980
B. 2nd Reading_ of Ordinance No. 80-12, rezoning 3 acres from Rural to Office for
American Family Insurance Phase 2 Building by Rauenhorst and developer's
agreement
C. Approval of N.S.P. substation developer's agreement
D. Mn/DOT right-of-way acquisition offer for T.H. 169 permanent signal project at
Co. Rd. 1, I.C. 51-311
E. Receive petition and order feasibility report for improvements on Hilltop Road,
I.C. 51-3801ilution No. 80-117)
F. Receive_petition and order feasibility report for sewer and water extension on
Flying Cloud Drive and Willow Creek Road, I.C. 51-382 (Resolution No. 80-118)
G. Receive and award bids for tennis courts at Round Lake Park and Prairie East
Neighborhood Park and multi-use court at Topview Neighborhood Park to Tennis
West LTD in the amount of $30,984.00 as per memo dated June 12, 1980
(formerly iteth —TE-0. 1.)
H. Receive and award bids for the porch at the Senior Citizen Center - continued
to July 15, 1980 (formerly item IX. D. 2.)
I. Consider bids for imErovement in Norseman Industrial Park 4th Addition, I.C.
51-369 (Resolution No. 80-119) - formerly item IX. E. 1.)
J. Request to set Public Heariafor Municipal Industrial Development Bond approval
in the amount of $2,300,000.00 for Braun-Kaiser Company for July 15, 1980
Terrmerly item IX. F. 1.)
MOTION: Osterholt moved, seconded by Redpath, to approve items A - J on the Consent
Calendar. Roll Call Vote: Osterholt, Redpath, Edstrom and Pauly voted "aye". Motion
carried unanimously.
IV. PUBLIC HEARINGS
A. Braun's Fashions, Inc. by Rauenhorst Corporation. Request to rezone from Rural
to 1-2 and preliminary plat 9.95 acres into 1 lot and 1 outlot. Located north of
Valley View Road across from 9955 Valley View Road (Ordinance No. 80-13 and
Resolution No. 80-98) Continued from 6/3/80
City Manager Ulstad explained at the last meeting the Council raised some
concerns relative to the transportation facility serving the area and also the
overall land use of the northeast quadrant of the City. Ulstad stated at that time
he would meet with the County Highway Department to talk about Valley
View Road and the grade problem that presently exists in the area. Ulstad added
City Staff did meet with Mr. Klossner of the County Highway Department on Monday,
6/16/80, and in the discussion of Valley View Road, specifically as it relates
to the grade that affects the Braun property, Mr, Klossner raised the point about
the traffic generation that is presently occurring at the intersection of
Washington Avenue and County Road 18. Presently there are stop signs in this area
that are causing some difficulty in the traffic movement to the point of where
the warrants are very close to calling for signalization of this intersection,
Discussion took place at this meeting about the tremendous grade and it was Mr.
Klossner's opinion a grade change ought to occur regardless, and also the City
ought to entertain a Public Hearing for the purpose of installing signals at this
location. In addition the County wondered about traffic movements in the area.
City Council Minutes - 3 - Tues.,June 17, 1980
A. Braun's Fashions, Inc. (continued)
Ulstad explained Mr. Helle, who owns industrial property in the area, has agreed to
construct and dedicate a north/south road connecting West 74th Street and
Valley View Road - thus giving an outlet for the Braun property both to the
south and back to the east. Also thero would be movement to the west and they
can actually get out up through the park property. There was a thought reviewed
by the Highway Department on Monday, that possibly the proponent,, if the Council
so chooses to approve the Braun's request, would be involved in the reduction of
the grade which would eliminate reducing some of the hill to the north of the
property which they are planning to do for balancing the site.
City Planner Enger spoke to the surrounding land uses for the northeast
quadrant.
Redpath asked if the County suggested they would go ahead with Valley View Road.
Ulstad replied either the County would go ahead and propose a joint agreement,
or the City could proceed with an improvement - a portion of which would have to
be assessed. Then the City/County would enter into an agreement on cost sharing.
Ulstad feels the County would prefer that the City proceed. The signal would
be included, probably under a separate contract, and the City would have to bear
a portion of that cost.
Reapath questioned what the effect would be on Shady Oak Road extended? Ulstad
responded the County would not participate as Shady Oak is totally the City's
project and is being assessed to the abutting property owners. Shady Oak Road
is not designed to County road standards, it is designed to a 9-ton limit. Ulstad
added a couple of years ago the City did acquire the triangular piece so the
diamond interchange could be approached at somewhat of a reasonable angle.
Osterholt asked when the road in Mr. Helle's property is planned to be built in
the southerly direction. City Engineer Jullie replied that would be tied to his
next subdivision, i.e., no more development without additional access.
Robert Worthington, Rauenhorst Corporation, stated they were not made aware of
this new alternative until today, and it is their conclusion they can work something
out if they can work the road and site at the same time. Worthington spoke to
two concerns which they have: I) how the costs are going to be distributed,
and 2) the whole question of timing. Worthington added Braun's has to be in the
ground as soon as possibly this Fall in order to meet some deadlines. However,
they are willing to work with City staff to try and come up with a solution
satisfactory to all parties.
City Engineer Jullie added if something can be worked out, i.e.. determination
on what the grades are goina to be, an agreement with Braun's wherein they
can go in and start doing the grading, and some cost sharing perhaps on the
surfacing with maybe a credit against any assessment that would accrue against
this property, perhaps this could be worked out to be a very simple project. How-
ever if the costs don't come out that way and the City's participation is needed
right away, then it may have to wait until next summer.
MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and
give a 1st Reading to Ordinance No. 80-13, rezoning from Rural to 1-2
9.95 acres into 1 lot and 1 outlot for Braun's Fashions, Inc. by Rauenhorst
Corporation. Motion carried unanimously. .
1659
City Council Minutes - 4 - Tues.,June 17, 1980
A. Braun's Fashions, Inc, (continued)
MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 80-98,
approving the preliminary plat for Braun's Fashions, Inc. by Rauenhorst
Corporation. Motion carried unanimously.
MOTION: Edstrom moved, seconded by Osterholt, to instruct staff to draft a
developer's agreement incorporating the points necessary to accomplish the
improvements and the recommendations of the Staff Report dated April 11, 1980.
Motion carried unanimously.
MOTION: Redpath moved, seconded by Osterholt, to approve the request for
withdrawal of the application of Briarfield Estates (Ordinance No. 78-42)
without prejudice. Motion carried unanimously.
B. Public Hearin_ for street and pathway construction on Anderson Lakes Parkway
from Preserve Boulevard to T.H. 169, I.C. 51-341 (ResolutionNo. 80-1167
City Engineer Jullie spoke to the Feasibility Study dated May, 1980, and answered
questions of Council members,
Monroe Levie, 12440 Cockspur Court, President of the Lake Eden South Homeowners
Association, commented that the development which was before the Planning
Commission (Anderson Lakes Parkway Neighborhood Shopping Center) included some
projected traffic figures along Anderson Lakes Parkway and along Hwy, 169 which
could be generated by the development, While the protective medians for turning
are admirable, Mr. Levie felt there is another step that needs to be taken and
that is a signal light, Mr. Schumacher has offered $20,000,00 up front for that
cost and Mr. Levie urged the Council to take that into consideration,
Mr. Levie asked what the proposed speed limit is along Anderson Lakes Parkway
extension. Jullie replied it will probably be a 35 MPH posted speed limit.
Levie urged consideration be given to a lower speed (30 MPH), and that
"Children At Play" signs also be installed, Further that consideration be given
to another set of hexagon stop signs further down so there can be better control
on people travelling through,
Mr. Levie questioned where the proposed asphalt walkway will be on the south
side in relation to the curbing, Jullie responded a typical section is 13 feet
from the back of the curb to the property line, and the edge of the walk is
proposed 1 foot from the property line leaving about a four foot boulevard area.
Levie wondered if the storm sewage drainage will be into the swampy area, and if
so, how will that affect the level of the swamp area, Mr, Gary Erickson, RRW,
responded it will be directed into the swampy area. There are two outlets, one
from Anderson Lakes Parkway itself at the intersection of Homeward Hills Road,
and there are two catch basins because there are hills coming down in both
directions which is the lowpoint. There is also a culvert which probably goes
to the east of the pedestrian underpass which is simply a perpetuation of the flow
which is coming from the school property and the unplatted residential pass under-
neath the highway into the swampy area. It is water that is running that
direction now and will continue to flow into the swamp area. The amount of runoff
prior to any major development should not raise the level of the swamp, There
are no other major storm sewer proposals in this area.
Mike Jiran, 6936 Darnell Road, asked if the swamp was designated as protective
land. Director of Community Services Lambert replied the swamp is designated as
Public waters.
/460
City Council Minutes - 5 - Tues.,June 17, 1980
B. Public Hearing for street and pathway construction on Anderson Lakes ParkwAy
from Preserve Boulevard to T.H. 169, I.C. 51-341 (continued)
Mr. Jiran questioned the closeness of the road to the swamp and its eventual
runoffs as far as salt is concerned. Jullie replied the road is along the edge
and this was reviewed when the Lake Heights Addition came through. Jullie added
there are some soil problems and some corrective work will have to be done.
There is a petition from Lake Heights and Meadow Park subdivisions and they will
be doing the grading on Homeward Hills Roads south of the Lake Heights Addition,
and paying all the grading costs. They are in essence assuming the liabilities
for poor soil conditions and have quite a lot of excess material on their site
that can be used for this correction. To the question of salt and any impact
on the watershed, Jullie replied the City tries to use the very minimum of
chemicals - just enough to keep the sand mixture from freezing. There is no way
to treat storm water runoff oth,..r than detention ponds. Jullie stated the City
does not have any problems now and he doesn't anticipate any damages.
Steve Birke, 8518 Darnell Road, asked when Anderson Lakes Parkway is put through
is the stoplight to be installed next summer included in the package, or if
something happens next summer where the money is not available might they end
up without a stoplight? Jullie replied he is not absolutely sure as the Highway
Department has not given formal approval. The Highway Department is going to
review the warrants again and they must be convinced it does meet the minimum
warrants. However, Jullie stated he is optimistic it can be worked out.
Mr. Levie asked if there is anything further people in the area can do as home-
owners in relation to the powers that be to make it further known the desire
for this stoplight. Jullie replied there is nothing further that can be done other
than contacting the Highway Department.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and
adopt Resolution No. 80-116, ordering street, utility and pathway improvements
along Anderson Lakes Parkway from Preserve Boulevard to T.H. 169, I.C. 51-341.
Motion carried unanimously.
V. PAYMENT OF CLAIMS NOS. 1860 - 2097
MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos. 1860 -
2097. Roll Call Vote: Redpath, Edstrom and Pauly voted "aye" on Claims Nos.
1860 - 2097; Osterholt "abstained" on Claim No. 2045 and voted "aye" on all other
Claims Nos. Motion carried.
VI. REPORTS OF ADVISORY COMMISSIONS
No reports.
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Bryant Lake View Estates - Replat of preliminary plat by Thelma Haynes. Request
to preliminary plat 17 of the 23 acres of the previous preliminary plat for 1
existing home and 5 new lots for single family construction, Locatea along the
northwest corner of Bryant Lake adjacent to Beach Road (Resolution No. 80-115)
City Planner explained this item was reviewed by the Planning Commission at the
June 9th meeting, and the Commission recommended approval to the Council of
the replat contingent on the Staff Report dated June 6, 1980, with modifications
approved by the Planning Commission as outlined in minutes dated 6/9/80.
Ilde
City Council Minutes - 6 - Tues.,June 17, 1980
A. Bryant Lake View Estates (continued)
Mr. Lynch, BRW, spoke to the proposal and answered questions of Council members.
MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-115,
approving the preliminary plat for Bryaht Lake View Estates contingent on the
recommendations of the Staff Report dated 6/6/80 with modifications made by the
Planning Comnission on 6/9/80. Motion carried unanimously.
VIII. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 80-03, rezoning approximately 111 acres from Rural
to R1-13.5 for Olympic Hills 6th Addition by The Preserve and 01-3TiPc Hills
Corporation, and developer's agreement
City Manager Ulstad requested that this item be continued to the July 1, 1980
Council meeting.
MOTION: Osterholt moved, seconded by Redpath, to continue the 2nd Reading of
Ordinance No. 80-03 to the July 1, 1980 Council meeting. Motion carried
unanimously.
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
I. Appointment of 5 members to the Housing & Redevelopment Authority (HRA)
Acting Mayor Sidney Pauly recommended the appointments of the 5 Council
members to the Housing & Redevelopment Authority.
MOTION: Osterholt moved, seconded by Redpath, to approve the recommendation
of Acting Mayor Pauly to appoint the five Council members to the
Housing & Redevelopment Authority with terms to coincide with the Council
members terms. Motion carried unanimously.
2, Appointment of 1 member to the Parks 2 Recreation & Natural Resources
Connission to fill an unexpired term to 2/28/81
This item was moved to the July 1, 1980 Council meeting.
3. Appointment of 1 member to the Historical & Cultural Commission to fill an
unexpired term to 2/28/83
Redpath placed the name of Barbara Johnson into nomination.
MOTION: Redpath moved, seconded by Osterholt, that nominations be closed
and a unanimous ballot be cast for Barbara Johnson to fill the unexpired
term on the Historical & Cultural Commission. Motion carried unanimously.
4. Appointment of 1 citizen member to the Citizens Advisory Group (CAG)
This item was moved to the July 1, 1980 Council meeting.
B. Report of City Attornty
No report.
11,6 a
City Council Minutes - 7 - Tues.,June 17, 1980
C. Report of City Manager
City Manager Ulstad referred to the communication he received from the
International Union of Operating Engineers, Local No. 49, which will be
placed on the July 1, 1980 Council meeting agenda for discussion.
Ulstad added he will have a recap for the Council on July 1st as to what
the other communities are doing.
D. Report of Director of Community Services
1. Receive and award bids for tennis courts at Round Lake Park and Prairie East
Neighborhood Park and multi-use court at Topview Neighborhood Park
This item was moved to the Consent Calendar (III. G.).
2. Receive and award bids for the porch at the Senior Citizen Center
This item was moved to the Consent Calendar (III. H.).
3. Creekwood Park Acquisition and Development Plan
MOTION: Osterholt moved, seconded by Redpath, to authorize the acquisition
of the DeLecour property for the purposes of developing a neighborhood park
in the amount of $50,000.00 as per memo from Director of Community Services
Lambert dated June 5, 1980, Roll Call Vote: Osterholt, Redpath, Edstrom
and Pauly voted "aye". Motion carried unanimously.
MOTION: Redpath moved, seconded by Osterholt, to approve the park plan
as outlined by Director of Community Services Lambert and authorize staff
to proceed with plans and specifications for advertising for bids on grading
the site. Motion carried unanimously.
4. Lake Eden Park Plan
MOTION: Osterholt moved, seconded by Edstrom, to approve the Lake Eden
Park Plan as outlined by Director of Community Services Lambert and authorize
staff to proceed with plans and specifications to be bid with the Anderson
Lakes Parkway project. Motion carried unanimously.
5. Round Lake Park Picnic Shelter/Warming House Program
MOTION: Osterholt moved, seconded by Redpath, to approve the program
for the Round Lake Park shelter as per Director of Comunity Service
Lambert's mono dated June 2, 1980, and authorize the hiring of the
Smiley Clatter Architectural firm to design and prepare plans and
specifications for the Round Lake Park shelter. Roll Call Vote:
Osterholt, Redpath, Edstrom and Pauly voted "aye". Motion carried
unanimously.
E. Report of City Engineer
I. Consider bids for improvement in Norseman Industrial Park 4th Addition
I.C. 51-359 Desolution No. 80-11 -9-1—
This item was moved to the Consent Calendar (III. I.),
11„0
City Council Minutes - 8 - Tues.,June 17, 1980
F. Report of Finance Director
I. Request to set Public Hearing for Municipal Industrial Development Bond
Approval in the amount of $2,300,000.00 for Braun-Kaiser Company for
July 15, 1980
This item was moved to the Consent Calendar (III. J.).
X. NEW BUSINESS
A. Cable TV
Councilman Redpath explained bids have been received from three companies,
copies of which are available and on file in the City Hall. The Cable TV
Commission will review the bids tomorrow evening (June 18, 1980), using a
rdting system and will make a recommendation to the 5 Councils involved.
MOTION: Osterholt moved, seconded by Edstrom, to authorize Councilman
Redpath to represent the Eden Prairie City Council on the Commission
in the manner previously outlined. Motion carried unanimously.
B. Development Commission
City Manager Ulstad asked the Council what projects they felt the Development
Commission should undertake,
The Council suggested that the Development Commission review
locations for the City Council to consider as future industrial sites of the
City.
XI. ADJOURNMENT
MOTION: Osterholt moved, seconded by Edstrom, to adjourn the Council meeting at
9:05 PM. Motion carried unanimously.
1(kli
• 6-16-80
Northmark East(T4444)Add.
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as,of
, 1980
by and between THE PRESERVE, a co-partnership consisting of Carter & Gertz,
Incorporated, a Minnesota corporation and The Minnesota Gas Company, a
Delaware 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 RN 6.5
-approximately 5.2 acres, situated in Hennepin County, State of Minnesota,
more fully described as Lot 1, Block 11, Northmark Second Addition and
hereinafter referred to as "the property", and
WHEREAS, the property is a part of lands included within PUD 70-03.
WHEREAS, Owner desires to develop the property fa construction of 8
buildings containing 4 residential living units each or an aggregate of 32 units.
11
NOW THEREFORE, in consideration of the City adopting Ordinance No. 80-14,
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 Feb. 29, 1980 reviewed and approved
by the City Council on June 3, 1980 and attached hereto as
Exhibit A, 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 8, attached hereto and made a part hereof.
'Developer's Agreement-Northmark East (Third) Add. . page 2
3. The final plat of the property shall be known as Northmark
"Th4rd Addition.
rc (LOH
. Owner shall, prior to the issuance of any building permit for building
upon the property, submit to the City for review and approval a detailed
landscaping plan, including but not limited to: landscaping along the
north side of the property and installation of trees , shrubs, and other '.:
landscaping material of the types and sizes as described in Exhibit A.
5. Curb cuts and driveway access to Building X, Exhibit A, shall be via
Street A and not Center Way.
6. Owner shall, prior to the issuance of any permit for building upon the
property, submit detailed storm water and drainage plans to the City
Engineer for review and approval.
7. Owner shall design and construct Street A, a minimum distance of 150 feet
from the centerline of Street A extended easterly pith the centerlines
of Northmark Drive and Hyland Terrace extended westerly, as depicted on
Exhibit A.
t'
B. In implementation. and amendment.of and supplemental to PUD 70-03 and as
a
variance from certain requirements imposed by City Ordinance 135, as amend
e
d
,
City authorizes the siting of buildings upon the property as indicated in
Exhibit A, and to permit 0 lot line setbacks with respect to lot lines
between units contained in the buildings.
fd.:15L12:2
pi3Ory Public .
Developer's Agreement-Northmark East(Third)Add. page 3
IN WITNESS WHEREOF, the parties to this Agreement have caused
these presents to be executed the day and year aforesaid.
CITY:::
Wolfgang H. Penzel, Mayor
STATE OF MINNESOTA) . Roger K. Ulstad, 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. Ulstad, City Manager of
the City of Eden Prairie on behalf of the corporation.
THE PRESERA, a co-partnership consisting
of Carter & Gertz, Inc., a Minnesota
corporation, and The Minnesota Gas
Compa , a lawa e,corpor2on.
BY: Left &-\
Lee . Joh son( V ce-President
Carter & Gerd;-Inc.
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
• BY /4-,--,<-4--4-—
• Kenneth Person , Vice-President ,
7/I4 innesota Gas Company
gios
JUAN 1./ LA PORTE
• 'Alt 1
NO r PRY PUL. iC • 1V.3 n NEEOTA
\`4
HENNEPIN COUNTY
CO,nrerssion Expires Nov 28. mu
4......e•oweAkt
The forego
1980
and
63.
was acknowledged before me this day of
the Vice President of Carter & Gertz, Inc.,
the Vice Preside t f Minnesot3 s Gas Company.
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DEVELOPER'S AGREEMENT
EXHIBITB
page 1 of 4
I. Prior to release of final plat, Owner shall submit to
t
h
e
C
i
t
y
Engineer for approval two copies of a development plan (1
"
=
1
0
0
'
s
c
a
l
e
)
showing existing and proposed contours, proposed streets
a
n
d
l
o
t
arrangements and size, minimum floor elevations on each l
o
t
,
p
r
e
l
i
m
i
n
a
r
y
alignment and grades for sanitary sewer, watermain and st
o
r
m
s
e
w
e
r
,
100 year flood plain contours, ponding areas, tributary a
r
e
a
s
t
o
c
a
t
c
h
basins, arrows showing direction of storm water flow on al
l
l
o
t
s
,
location of walks, trails and any property to be deeded t
o
t
h
e
C
i
t
y
.
Owner shall submit detailed construction and storm sewer
plans to the Riley-Purgatory Creek
Watershed District for review and approval.
Owner shall follow all rules and recomnendations of said
Watershed District.
Prior to the dedication, transfer or conveyance of any re
a
l
property or interest therein to the City as provided here
i
n
,
Owner shall deliver to the City an opinion addressed to t
h
e
City by an Attorney, and in a form , acceptable to City,
a
s
t
o
the condition of the title of such property or in lieu o
f
a
title opinion, a title insurance policy insuring the cond
i
t
i
o
n
of the property or interest therein in the City. The con
d
i
t
i
o
n
o
f
the title of any real property or any interest therein t
o
b
e
dedicated, transferred or conveyed as may be provided he
r
e
i
n
b
y
Owner to City shall vest in City good and marketable titl
e
,
therein free and clear of any mortgages, liens, encumbra
n
c
e
s
,
or aisessmonts.
Page 2 of 4 Exhibit B
N. •A All sanitary sewer, watermain and storm sewer
f
a
c
i
l
i
t
i
e
s
,
c
o
n
c
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e
t
e
c
u
r
b
,
q
u
t
t
e
r
,
sidewalks and other public utilities ("improvements")
t
o
b
e
m
a
d
e
a
n
d
c
o
h
s
t
r
u
c
t
e
d
on or within the property and dedicated to the City
s
h
a
l
l
b
e
d
e
s
i
g
n
e
d
i
n
compliance with City standards by a registered profe
s
s
i
o
n
a
l
e
n
g
i
n
e
e
r
a
n
d
s
u
b
m
i
t
t
e
d
to the City Engineer for approval: All of the improve
m
e
n
t
s
s
h
a
l
l
b
e
c
o
m
p
l
e
t
e
d
b
y
Owner & acceptable to the City Engineer and shall be
f
r
e
e
a
n
d
c
l
e
a
r
o
f
a
n
y
l
i
e
n
,
claim, charge or encumbrance, including any for work,
l
a
b
o
r
o
r
s
e
r
v
i
c
e
s
r
e
n
d
e
r
e
d
in connection therewith or material or equipment suppl
i
e
d
t
h
e
r
e
f
o
r
e
o
n
o
r
b
e
f
o
r
e
the later of, 2 years from the date hereof or ; 19
Upon completion and acceptance, Owner warrants and gua
r
a
n
t
e
e
s
t
h
e
i
m
p
r
o
v
e
m
e
n
t
s
against any defect in materials or workmanship for a p
e
r
i
o
d
o
f
t
w
o
(
2
)
pars
following said completion and acceptance. In the event of any defect in materials
or workmanship within said 2 year period said warranty
a
n
d
g
u
a
r
a
n
t
e
e
s
h
a
l
l
b
e
f
o
r
a period of three (3) years following said completion
a
n
d
a
c
c
e
p
t
a
n
c
e
.
D
e
f
e
c
t
s
i
n
material or workmanship shall be determined by the Cit
y
E
n
g
i
n
e
e
r
.
Acceptance
of improvements by the City Engineer may be subject to
s
u
c
h
c
o
n
d
i
t
i
o
n
s
a
s
h
e
m
a
y
impose at the time of acceptance. Owner, through his
e
n
g
i
n
e
e
r
,
s
h
a
l
l
p
r
o
v
i
d
e
f
o
r
competent daily inspection during the construction of
a
l
l
i
m
p
r
o
v
e
m
e
n
t
s
.
A
s
-
b
u
i
l
t
drawings with service and valve ties on reproduceable
m
y
l
a
r
s
h
a
l
l
b
e
d
e
l
i
v
e
r
e
d
to the City Engineer within 60 days of completion thereo
f
t
o
g
e
t
h
e
r
w
i
t
h
a
written statement from a registered engineer that all
i
m
p
r
o
v
e
m
e
n
t
s
h
a
v
e
b
e
e
n
completed, inspected and tested in accordance with Cit
y
-
a
p
p
r
o
v
e
d
p
l
a
n
s
a
n
d
s
p
e
c
i
-
fications. Prior to final plat approval, or issuance
o
f
a
n
y
b
u
i
l
d
i
n
g
p
e
r
m
i
t
,
if no final plat is required, Owner shall:
Submit a bond or letter of credit which guarantees com
p
l
e
t
i
o
n
o
f
all improvements within the times provided, upon the
c
o
n
d
i
t
i
o
n
s
,
and in accordance with the terms of this suPparagraph
V
.
A
.
,
including but not limited to, a guarantee against def
e
c
t
s
i
n
m
a
t
e
r
i
a
l
s
or workmanship for a period of two (2) years followin
g
c
o
m
p
l
e
t
i
o
n
and acceptance of the improvements by the City Engin
e
e
r
.
T
h
e
amount of the bond or letter of credit shall be 125%
o
f
t
h
e
e
s
t
i
m
a
t
e
d
construction cost of said improvements, subject to re
d
u
c
t
i
o
n
t
h
e
r
e
o
f
to an amount equal to 25% of the cost of the improvem
e
n
t
s
a
f
t
e
r
acceptance thereof by the City Engineer ,and receipt
o
f
a
s
-
b
u
i
l
t
d
r
a
w
i
n
g
s
.
The bond or letter of credit shall be in such form an
d
c
o
n
t
a
i
n
s
u
c
h
o
t
h
e
r
provisions and terms as may be required by the City E
n
g
i
n
e
e
r
.
T
h
e
O
w
n
e
r
'
s
registered engineer shall make and submit for approva
l
t
o
t
h
e
C
i
t
y
E
n
g
i
n
e
e
r
.
a written estimate of the costs of the improvements.
B. In lieu of the obligation imposed by subparagraph V
.
A
.
a
b
o
v
e
,
O
w
n
e
r
may submit a 100% petition signed by all owners of th
e
p
r
o
p
e
r
t
y
,
requesting the City to install the improvements. Upo
n
a
p
p
r
o
v
a
l
b
y
the City Council, the City may cause said improvement
s
t
o
b
e
m
a
d
e
a
n
d
special assessments for all costs for said improvemen
t
s
w
i
l
l
b
e
l
e
v
i
e
d
on the property, except any property which is or shal
l
b
e
d
e
d
i
c
a
t
e
d
t
o
the public, over a five year period. Prior to the aw
a
r
d
o
f
a
n
y
c
o
n
t
r
a
c
t
by the City for the construction of any improvements,
O
w
n
e
r
s
h
a
l
l
h
a
v
e
entered into a contract for rough grading of streets
i
n
c
l
u
d
e
d
i
n
t
h
e
improvements to a finished subgrade elevation. Cont
r
a
c
t
o
r
'
s
o
b
l
i
g
a
-
tion with respect to the rough grading work shall be se
c
u
r
e
d
b
y
a
b
o
n
d
or letter of credit which shall guarantee completion,
a
n
d
p
a
y
i
n
e
n
t
f
o
r
all labor and materials expended in connection with t
h
e
r
o
u
g
h
g
r
a
d
i
n
g
.
The amount of the bond or letter of credit shall be 12
5
%
o
f
t
h
e
c
o
s
t
of such rough grading and shall be in such form and con
t
a
i
n
s
u
c
h
further terms as may be required by the City Engineer
.
1(0'1 0
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 cle
a
n
,
a
l
l
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 20 days of installation of utilities and street curb
in any portion of the property (if said time occurs between
May 1 and October 31 of any year ) Owner shall sod (secured
with a minimum of 2 stakes per roll of sod) that part of the
property lying between said curb and a line 18 inches measured
perpendicular with the curb or in lieu of said sod, place a
fiber blanket with seed approved by the City (secured with
stakes a maximum of 6 feet apart). Either sod or fiber must
be placed upon a minimum of 4 inches of topsoil. The top-
soil shall be level with the top of the curb at the curb
line and rise le 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 ipaintenance by
City.
1
Owner shall also sod all drainage swales serving each 1,5
acres a minimum distance of 6 feet on either side of the
center of the swale.
C. The bond 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-Reclister-of-Dee
d
s
o
r
.Rog5-s-trar-of----T4-t-1es-and--suppl-y-•the-C-ity--Witii -a-copy of this
Agrecment-with-infonnation -as -to-Document-Number and date and*
fled thereon-with-60-days- from the
date--of-thrts -Agreement
VII : If Owner fails to proceed in accordance with this Agreem
e
n
t
w
i
t
h
-
in 24 months of the date hereof and provide proof of filing
i
n
accordance with item VII. hereof, Owner for itself, is successo
r
s
,
and assigns shall not oppose rezoning of said property to Rura
l
.
1411
Page'4 of 4 Exhibit B
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 At owns fee title to the property
. free and clear of mortgages, liens and other encumbrances, except:
X L 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.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
rvortnmark East learrett) Aao
RAP 64014
Ordinance No. 80-14
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, Lot 1, Block 11, Northmark Second
Addition, according to the plat thereof on file and of record, Hennepin County; Minnesota,
nhall be and hereby is removed from the Rural District
and shall be included hereinafter in the RM 6.5 District.
Section 2. The above-described property shall be subject to the
terms and conditions of that certain Developer's Agreement dated as
of , 1980, between The Preserve, a co-partnership
consisting of Carter & Gertz, Incorporated, a Minnesota corporation and The Minnesota
Gas Compamy, a Delaware corporation,
and the City of Eden Prairie, which Agreement is hereby made a part
hereof and shall further be subject to all of thp ordinances, rules
and regulations of the City of Eden Prairie relating to the RM 6.5
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
, 1980 , and
finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the . day of
ATTEST:
John D. Franc - City Clerk
PUBLISHED in the Eden Prairie News on the day of I 19 tio •
CLERK'S LICENSE LIST
CLERK'S LICENSE APPLICATION LIST
July 1, 1980
CONTRACTOR (1 & 2 FAMILY)
Dolphin Pool & Patio
James E. Johnson
North County Pools
Valley Plumbing, Co.
CONTRACTORS (MULTI-FAMILY & COMM.)
Steven L. Boone Construction Co., Inc.
Equipment Manufacturing Company
Maertens-Brenn Construction Co.
New Horizon Enterprises, Inc.
OUTSIDE SEWER & WATER; INSIDE PLUMBING
Nova Frost Inc.
PLUMBING
Lamere Plumbing & Heating
Leo's Plumbing
Maplewood Plumbing & Heating
Shore Plumbing & Heating
HEATING & VENTILATING
Shore Plumbing & Heating
CIGARETTE & TOBACCO
Griswold Vending
Surfco
VENDING MACHINES
Griswold Vending Co.
FOOD HANDLER'S TYPE A
General Nutrition Center, Inc.
These licenses have been approved by the department head responsible for
the licensed activity.
ta67,7/
Cindy M. P ante, Licensing Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Northmark West Hileorert/ Ana.
RAP TIOD
Ordinance No. 80-15
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 R46.5 District.
Section 2. The above-described property shall be subject to the
terms and conditions of that certain Developer's Agreement dated as
of , 198'0, between The Preserve, a co-partnership
consisting of Carter & Gertz, Incorporated, a Minnesota corporation and the Minnesota
Gas Canpany, a Delaware corporation, •
and the City of Eden Prairie, which Agreement is hereby made a part
hereof and shall further be subject to all of thp ordinances, rules
and regulations of the City of Eden Prairie relating to the RM 6.5
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 , 1960, 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
ATTEST:
John D. Franc - City Clerk
PUBLISHED in the Eden Prairie News on the
day of , 1980.
/67 -;
NORTHMARK WEST DESCRIPTION
.. .. ::••:
Tract.K of Registered Land Survey NO. 1509, on file and o
f
r
e
c
o
r
d
i
n
t
h
e
o
f
f
i
c
e
of the Registrar of Titles, Hennepin County, Minnesota.
' • '
and,
That part of Outlot C, Westwind, on file and of record i
n
t
h
e
o
f
f
i
c
e
o
f
t
h
e
:
,
Registrar of Titles, Hennepin County, Minnesota, being 25
f
e
e
t
s
o
u
t
h
o
f
a
n
d
'
_
parallel with the following described line: , • • -
Beginning at the northwest corner of said Outlot C; thenc
e
N
o
i
-
t
h
8
7
°
36' 33" East, bearing assumed along the north line of sa
i
e
O
u
t
l
o
t
C
,
.a distance of 10 feet; thence on a tangential curve, con
c
a
v
e
,
t
o
t
h
e
•
'
'
having a radius of 173,64 feet, a central angle of 25" 56'.40", -
a distance of 78.63 feet; thence on a„reverse curve,. hav
i
n
g
'
i
of 173.64 feet, a central angle of 25" 56' 40", ,a distan
c
e
o
f
7
8
-.63 feet
and there terminating. The south line of the above desc
r
i
b
e
d
d
e
s
c
r
i
p
t
i
o
n
is to be prolongdd or shortened to .terminate on the west line Of Said '
Outlot C. . ; T
ito -rt-hmark West(Feurth)Add.
Thie0
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1980
by and between THE PRESERVE, a co-partnership consisting of Carter & Gertz,
Incorporated, a Minnesota corporation and The Minnesota Gas Company, a
Delaware 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 RM 6.5
approximately 11.7 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, the property is apart of lands included within PUD 70-03.
WHEREAS, Owner desires to develop the propert; for construction of
17 buildings containing 4 residential living units each or an aggregate
of 68 units.
NOW THEREFORE, in consideration of the City adopting Ordinance No.80-15,
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 Feb. 29, 1980 reviewed and approved
by the City Council on June 3, 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.
3. The final plat of the property shall be known as Northmark
Fourth Addition.
-Mir-
4:1 /1 _
Developer's Agreement-Northmark West(e0)Addition
Time0
page 2
4. Owner shall construct pathways within the property according to The
Preserve pathway standards as outlined in grey, Exhibit B.
. As a variance from certain requirements imposed by Ordinance 93, as
amended, City authorizes construction of Circle A, Exhibit B -64trfeet
in length. 460
6. That portion of the property outlined in red, Exhibit B, shall be
platted as an outlot. Owner shall, immediately upon filing of the plat,
convey the outlot to The Preserve Homeowners Association under such .
conditions as shall impose upon the association the obligation of
maintaining the same.
7. Owner shall, prior to the issuance of any permit for building ppon the .
property, submit to the City for review and approval a detailed landscaping
plan, including but not limited to: landscaping along the north side of the
property,installation of trees shrubs, and other landscaping material of
the types and sizes as described in Exhibit B, and also including placement
of rocks for buffering from the single family after, consultation with the
. lot owners thereof.
8. Owner shall, prior to sale of residential units situated on lots having
driveway access to Circle 8, sod the area outlined in green, Exhibit 13,
and secure said sod with stakes.
9. Owner shall, prior to the issuance of any permit for building upon the
property, submit detailed storm water and drainage plans to the City
Engineer for review and approval.
10. In implementation and amendment of and supplemental to PUD 70-03 and as a
variance from certain requirements imposed by City Ordinance 135, as amended,
City authorizes the siting of buildings upon the property as indicated in
Exhibit 8, and to permit 0 lot line setbacks with respect to lot lines
between units contained in the buildings.
( STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
• BY:
, .
--N---1(enneth Person , Vice-President
.Minnesota Gas Company
The foreg2)fig dn truMent was acknowledged before me this day of
1980 W-721.147. the Vice President of Carter & Gertz, Inc.,
and '--, 41,90//,' ..4.4,..2y?the Vice Presideptgf Minnesota Gas Company.
JOAN (ILA PORTE •.i.7 ,...!..vvt NOTARY PUT:. IC • MINNT SOYA
HENNEPIN COUNTY
"C",„,,...,„, E wile% NO*/ 28, t983
AELS
'ary Public
Developer's Agreement-Northmark West(fuur h)Addition
• iiihe
page 3
IN WITNESS WHEREOF, the parties to this Agreement have caused
these presents to be executed the day and year aforesaid.
Wolfgang H. Penzel, Mayor
STATE OF MINNESOTA6 . Roger K. Ulstad, Manager
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
1980 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, City Manager of
the City of Eden Prairie on behalf of the corporation.
THE PRESERVI, a co-partnership consisting
of Carter & Gertz, Inc., a Minnesota
corporation, and The Minnesota Gas
Company, a,Delaware corporation.
By: 27,7)
LWW:-JohnsonOcce-President of
Carter & Gertzrinc.
lo
EXHIBIT A
iO
NORTHMARK WEST DESCRIPTION • • - ,
Tract .K of Registered Land Survey No. 1509, on file and of record in the office
of the Registrar of Titles, Hennepin County, Minnesota.
and, •
That part of Outlot C, Westwind, on file and of record in the office of the
Registrar of Titles, Hennepin County, Minnesota, being 25 feet south of and
parallel with the following described line:
Beginning at the northwest corner of said Outlot C; thence North 87 0
36' 33" East, bearing assumed along the north line of said Outlot C,
a distance of 10 feet; thence on a tangential curve, concave o to the
.north, having a radius Of 173,64 feet, a central angle of 25 56' 40",
a distance of 78.63 feet; thence on ajeverse curve, having a radiu s : -
of 173.64 feet, a central angle of 25" 56' 40", va distance of 78.63 feet'
and there terminating. The south line of the above described OescrlOticin
is to be prolonged or shortened to terminate on the west line of Said '
Outlot C.
• n•
1 7 buildings
KNY Area to be sodded and staked
DEVELO .PER'
AGREEMENT
•,r
'EXH IBI T
e.
1/80
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 1 scale)
, showing existing and proposed contours, proposed streets ana lot
arrangements and size, minimum floor elevations on each lot, preliminary
alignment and grades for sanitary sewer, watermain and storm sewer, .
,100 year flood plain contours, ponding areas, tributary areas to catch
basins, arrows showing direction of storm water flow on all lots,
location of walks, trails and any property to be deeded to the City.
Owner shall submit detailed .construction and storm sewer
plans to the
Watershed District for review and approval.
Owner shall follow all rules and recoMmendations of said
Watershed District.
IlL 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 aisessments...
:Page 2 of 4 Exhibit .0
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 stbparagraph 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 bd 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, Owner 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 completioli, 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 temps as may be required by the City Engineer.
/67 2)
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 ;
streetswithin, the property at least every two months, (or
within one week from the date of any request by City), during
the period conmiencing 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 20 days of installation of utilities and 'street curb
in any portion of the property (if said time occurs between
May 1 and October 31 of any year ) Owner shall sod (secured
with a minimum of 2 stakes per roll of sod) that part of the
property lying between said curb and a line 18 inches measured
perpendicular with the curb or in lieu of said sod, place a
fiber blanket with seed approved by the City (secured with
stakes a maximum of 6 feet apart). Either sod or fiber must
be placed upon a minimum of 4 inches of topsoil. The top-
soil shall be level with the top of the curb at the curb
line and rise 1/2" for eaCti 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 fpintenance by
City.
Owner shall also sod all drainage swales serving each 1.5
acres a minimum distance of 6 feet on either side of the
center of the swale.
C. The bond or letter of credit provided in paragraph V. A.
hereof shall also guarantee the performance of Owner's
obligations under this paragraph VI.
. Owner-strli-file-this-Agreement-with-the-Reqi-ster-of-Deeds-or
ylgreement with.....infonnation.aS-to_Document.Number-and date-and.
/
R44-strar-of-TA ties- a nd -s upply-the-Ci copy -of-th i
t4ma-of-441ing-duly certif ied-thereon-wi th...60 -days-from - the-
date-of-this-Agreement.
VII : If Owner fails to proceed in accordance with this Agreement w
i
t
h
-
in 24 months of the date hereof and provide proof of filing in
accordance with item VII. hereof, Owner for itself, is successors,
and assigns shall not oppose rezoning of said property to Rural.
Page 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.entumbrances, except:
X L 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
/61(.5
imi
6-18-20
PERSONS/QUAD UNIT STUDY*
1978(based upon 22 total units)
2.3 PERSONS/UNIT:
1.6/unit over 20 years of age
.5/unit 0-20 years of age :
.21/unit 0-4 years of age
.31 students/unit
1979-1980(based upon 544 total units)
2.20 PERSONS/UNIT:
1.6/unit over 20 years of age
.56/unit 0-20 years of age:
.21/unit 0-4 years of age
.31 students/unit
33.8% of units have children
APPLICATION TO EDEN PRAIRIE QUADS
(based upon 76 quad units, i.e., Northmark West)
167 total population for the 76 quads
122 persons over the age of 20
43 persons 0-20 years of age:
16 persons 0-4 years of age
24 students
25-26 units might have children
*3 year study conducted by Apple Valley School District
RANDOM SAMPLE
OF
SCHOOL AGE CHILDREN IN MULTIPLE UNITS
June 10,1980
CHILDREN CHILDREN
CHILDREN CHILDREN/
AREA .NUMBER OF UNITS UNDER 8 8 - 11
12 - 18 UNIT
Hipp's Duplexes 16
5
4
1 .63
Windsor Townhouses 124
4
9
2 .12
Windslope Apartments 168
80
36
20 .81
Stewart Highland Duplexes 41
7
1
14 .54
Mitchell Lake Townhouses 35
5
3
0 .23
V
Average number of children in the above units .50 children/unit
Prepared from Public School Transportation Information
BOARD OF DIRECTORS
President
ilub ,n 1 Con, vu,on, M U
Vice Presidents
LeF,!,0 Ii11.1%,0. MD
Linda T Viron
Warier, Kionenbeig, M
Secretary
Theocaris J Karavidas, MI)
Public Relations Counsel
Eugene Selii011rIt?
39.07 Bell Boulevard
Baysid(i, New York 11301
(212) 4216000
STAFF ADVISORS TO BOARD
Chief Advisor
Elsie L Carlton
Chris Pyrrns, M
Nathan S. Bergetbesl
Jack Schnedoi
Roger Small
Dick Edwards
Norman Wolfe
Office of the Mayor May 20, 1980
City Hall
Eden Prairie, Minn. 55343
Dear Mayor:-
September 8 NATIONAL CANCER DAY program is proposed as a
unique high energy motivated factor to sensitize the public mind for an
early cancer check-up.
We are pleased to inform you that this year the NATIONAL CANCER
DAY program is receiving much support from the members of Congress.
Congressman Nick J. Rahall has introduced H. J. Resolution 501 and
has issued a "Dear Colleague" letter, urging support for the bill. Copies
of both are enclosed.
As a result of the September 8 NATIONAL CANCER DAY movement,
thousands of American citizens have sought cancer check-ups. This is
highly rewarding to us.
We would like you to proclaim September 8, 1980 in your area as
NATIONAL CANCER DAY and send a copy to us.
Please call on the members of congress in your area to enact
September 8 NATIONAL CANCER DAY program into law in the Congress
of the United States.
Please join us in making sure the NATIONAL CANCER DAY program
helps save lives throughout the nation.
Very truly yours,
- `7-•< f , / / 4"
Linda T. Vixon, V. P.
United Cancer Institute
LTV:jmd
Encl.
I OW
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOULUTION NO. R80-121 :
WHEREAS, according to highly-qualified scientist in
c
a
n
c
e
r
r
e
s
e
a
r
c
h
,
we are walking around with a little time bomb in us
f
r
o
m
t
h
e
e
n
v
i
r
o
n
m
e
n
t
a
l
carcinogens that we have in our systems. This bomb m
a
y
w
e
l
l
e
x
p
l
o
d
e
o
n
us ten, fifteen or twenty years from now in tremendo
u
s
n
u
m
b
e
r
s
:
a
n
d
WHEREAS, demongraphic and health trends suggest tha
t
d
e
a
t
h
s
f
r
o
m
cancer may number about eight million annually by th
e
y
e
a
r
2
0
0
0
,
a
c
c
o
r
d
-
ing to the World Health Organization report: and
WHEREAS, The United Cancer Institute has proposed a
C
a
n
c
e
r
C
o
n
t
r
o
l
.
Program to set up mini-cancer detection facilities throughou
t
t
h
e
n
a
t
i
o
n
t
o
give to those who can't afford it a free cancer check-u
p
d
u
r
i
n
g
S
e
p
t
e
m
b
e
r
7-11, 1980.
WHEREAS, IT IS THE BELIEF OF THE MEDICAL PROFESSION
T
H
A
T
Cancer is curable if detected and treated in its ea
r
l
y
s
t
a
g
e
s
a
n
d
t
h
a
t
this practice would result in the savings of millio
n
s
o
f
l
i
v
e
s
e
a
c
h
y
e
a
r
.
NOW, THEREFORE, I WOLFGANG H. PENZEL of the City of
E
d
e
n
P
r
a
i
r
i
e
hereby declare September 8, 1980 as:
NATIONAL CANCER DAY
in the City of Eden Prairie and urge all residents t
o
s
e
e
k
e
a
r
l
y
c
h
e
c
k
-
u
p
s
in their communities.
ADOPTED by the Eden Prairie City Council on
Wafgang H. Penzel, Mayor
ATTEST:
John D. rrane, City Clerk
July 1, 1980
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R80-123
A RESOLUTION APPROVING FINAL PLAT
OF MAPLE LEAF ACRES 8TH ADDITION
WHEREAS, the plat of Maple Leaf Acres 8th 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-
ances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
A. Plat Approval Request for Maple leaf Acres 8th Addition is approved
upon compliance with the recommendation of the City Engineer's
Report on this plat dated June 25, 1980.
B. Variance is herein granted from City Ordinance No. 93, Sec. 8,
Subd. 1 waiving the six month maximum time elapse between the
approval date of the preliminary plat and filing of the final
plat as described in said Engineer's Report.
•
C. That the City Clerk is hereby directed to file a certified copy of
this resolution in the office of the Register of Deed and/or Regis-
trar of Titles for thier use as required by NSA 462.358, Subd. 3.
D. That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above named
plat.
E. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council upon com-
pliance with the foregoing provisions.
ADOPTED by the City Council on
ATTEST:
Wolfgang H. Penzel, Mayor
SEAL
John D. Frane, Clerk
14 90
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
June 25, 1980
MAPLE LEAF ACRES 8TH ADDITION
PROPOSAL: The Developer, Jarip Corporation, is requesting final plat
approval of Maple Leaf Acres 8th Addition. This is a 20 lot single family
residential plat (R1-13.5) located north of Hidden Ponds 2nd Addition and
west of Maple Leaf Acres 3rd Addition. This is a replat of Outlot B,
Maple Leaf Acres 4th Addition.
HISTORY: The Preliminary Plat was approved on September 6, 1977, per
Council Resolution #79-97.
Zoning to R1-115. was finally read and approved by the City Council on
November 11, 1977, per Ordinance #77-28.
The Rezoning Agreement for this development was executed November 11, 1977.
VARIANCES: A variance from the minimum lot size requirement of Ordinance
#185 was granted through the Rezoning Agreement.
A variance from the requirements of Ordinance #93, Sec. 8, Subd. 1, waiving
the six month maximum time elapse between the approval date of the Prelimi-
nary Plat and filing of the Final Plat will be necessary. The Developer has
proceeded with this development by phasing each addition in accordance with
demand for lots.
UTILITIES AND STREETS: Municipal utilities and streets will be installed
throughout the development in accordance with City standards and the Re-
zoning Agreement.
PARK DEDICATION: The requirements for park dedication are covered in the
RezorTiTT-Agreement
BONDING: A Performance Bond or Letter of Credit approved by the City
Attorney shall be Posted in an amount approved by the City Engineer to
cover the cost of installing municipal utilities and streets prior to
release of the final plat.
160
- 2 -
RECOMMENDATION: Recommend approval of the final plat of Maple Leaf Acres
8th Addition, subject to the requirements of this report, the'Rezoning
Agreement and the following:
I. Receipt of fee for City Engineering services in the
amount of $600.00.
2. Receipt of cash deposit for street lighting in the amount of
#393.60.
CJJ:kh
102,
/0 3
. July 1, 1980
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R80-124
A RESOLUTION APPROVING FINAL PLAT
OF CARDINAL CREEK 2ND ADDITION '
WHEREAS, the plat of Cardinal Creek -2nd•Addition has been sub-
mitted in the manner required for platting land under the Eden Prairie O
r
d
i
n
a
n
c
e
Code and under Chapter 462 of the Minnesota Statutes and all proceedings
h
a
v
e
b
e
e
n
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 a
n
d
o
r
d
i
n
-
ances of the City of Eden Prairie,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:-
A. Plat Approval Request for Cardinal Creek 2nd Addition is approved
upon compliance with the recommendation of the City Engineer's
Report on this plat dated June 25, 1980.
B. Variance is herein grafted from City Ordinance No. 93, Sec. 8,
Subd. 1 waiving the six month maximum time elapse between the
approval date of the preliminary plat and filing of the final
plat as described in said Engineer's Report.
C. That the City Clerk is hereby directed to file a certified copy 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.
D. That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above named
plat.
E. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council upon com-
pliance with the foregoing provisions.
ADOPTED by the City Council on
ATTEST:
Wolfgang H. Penzel, Mayor
SEAL
John D. Franc, CITR
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
June 25, 1980
CARDINAL CREEK 2ND ADDITION
- PROPOSAL: The Developer, Western Construction Company, are requesting
City Council approval of the final plat of Cardinal Creek 2nd Addition,la
28 lot single family plat located easterly and adjacent to Cardinal
Creek in the southeast 1/4 of Section 3. Outlots A and B will be
dedicated to the City through Warranty Deeds as required through
Item 3 of the Developer's Agreement. Outlot C will be used as a
recreation area with construction of this area to be done by the
Developer and approved by the Community Services Dept. A Warranty
Deed shall be provided transferring ownership of this lot to the
City as recommended in the July 19, 1979, Planning Staff report.
HISTORY: The Preliminary Plat was approved by the City Council on September 4,
1979, per Resolution #79-158. 1
Zoning to R1-13.5 was finally read and approved by the City Council on
September 18, 1979.
The Developer's Agreement referred to within this replat was exe-
cuted on September 18, 1979.
VARIANCE: A variance from the requirements of Ordinance #93, Sec. 8,
Subd. 1, waiving the six month maximum time elapse between the approval
date of the preliminary plat and filing of the final plat will be
necessary. The Developer has proceeded with this development in
a logical staging pattern.
UTILITIES AND STREETS: The Developer has requested City installation of
all public utilities and streets within the plat. These improvements
were ordered by the City Council on March 4, 1980, per Resolution
#80-48, through I.C. 51-376.
PARK DEDICATION: The requirements for park dedication are covered in items 3
and Exhibit C of the Developer's Agreement.
BONDING: The requirements for bonding are covered in Exhibit C of the
Developer's Agreement.
- 2 -
RECOMMENDATION: Recommend approval of the Final Plat of Cardinal Creek
2nd Addition, subject to the requirements of this report, the Develop-
er's Agrement and the following:
1. Receipt of Warranty Deed for Ourldts A and B.
2. Receipt of cash deposit for street signs in the amount of
$300.
3. Receipt of cash deposit for street lighting in the amount
of $1,180.80.
CJJ:kh
Ju.y 1, 1980
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 080-16
AN ORDINANCE RELATING TO STREET NAME
CHANGES - BLUFFS BLVD., HOMEWARD HILLS
RD. AND BLUFF ROAD.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section I. The following street name changes shall be
in effect:
1. Retain the name "Bluffs Blvd." and designate this name to
extend from Riverview Rd. to Anderson Lakes Parkway.
2. Remove the name "Homeward Hills Rd." from its present
alignment and reassign this name to the east-west road
through Bluffs West 2nd and 3rd Additions.
3. Change the name."Bluff Rd." to "Franlo Road."
Section 2. This ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of
Eden Prairie on the 1st day of July, 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
ATTEST:
Wolfgang H. Pen-ii1,-Mayor
SEAL
John D. Frane, City Clerk
PUBLISHED in the Eden Prairie News on the day of , 1979.
1496
EAU. OMR( —
MGM POINT ORM-
;
_ _ I/ •
—•T r ours rvic w CIRCLE
1:*000WWT4 CIRCLE.
11 ' •..Axc
„
„
Eg4V I
'tk
NEILL LAME ROAD .--
PRAIRIE ROAD / EDEN PRAIRIE, MINNESOTA 55344 / TELEPHONE 16121937.2262
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
IL9i(
The Eden Prairie City Council will conduct a public hearing at 7:30
P.M. on Tuesday, July 1, 1980, at the City Hall Council Chambers to consider
the following street name changes:
. 1. Change the name "Bluff Road" to "Franlo Road."
2. Change the name "Homeward Hills Rd." to "Bluffs Blvd."
3. Re-designate the name "Homeward Hills Rd." to the east-west road
through Bluffs West 2nd Addition.
These changes are prompted by concerns about possible confusion over street
t
names and addresses during emergencies. •
Written or oral comments or objections will be considered at this meeting.
Publish: Eden Prairie Community News
By Order of the City Council
June 18 & 25, 1980
Kathy Hermann, Deputy City Clerk
July 1, 1980
STATE OF MINNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
2037
2098
2099
2100
2101
2102
2103
2104
2105
2106
2107
2108
2109
2110
2111
2112
r'3
2115
2116
2117
2118
2119
2120
2121
2122
2123
2124
2125
2126
2127
2128
2129
2130
2131
2132
2133
2134
2135
2136
2137
( IS
2139
2140
2141
2142
2143
VOID OUT CHECK
HOPKINS POSTMASTER
PLAYWRIGHTS CENTER
MIDWEST WINE CO.
INTERCONTINENTAL PACKAGING CO.
JOHNSON BROTHERS WHOLESALE
GRIGGS, COOPER & CO., INC.
ED. PHILLIPS & SONS CO.
OLD PEORIA COMPANY, INC.
BUTCH'S BAR SUPPLY
TWIN CITY WINE CO.
WESTERN LIFE INSURANCE
PHYSICIANS HEALTH PLAN
HMO SERVICES
HMO SERVICES
GROUP HEALTH PLAN
BLUE CROSS INSURANCE
VOID OUT CHECK
MICHAEL A. ARBISI
MARY KENNY
TODD CHERLAND
POSTMASTER
ELIZABETH HUNTLEY
VALLEY EQUIPMENT CO.
NORTHWESTERN NAT 'L BANK OF MPLS
JACK MCCALL
MICHAEL COLLINS
JOHN OLSON
SOUTHTOWN MANN THEATRE
JOHNSON BROTHERS WHOLESALE
BUTCH'S BAR SUPPLY
ED PHILLIPS & SONS CO.
GRIGGS, COOPER & CO., INC.
OLD PEORIA COMPANY, INC.
INTERCONTINENTAL PACKAGING CO.
MINNESOTA DISTILLERS INC.
OLD PEORIA COMPANY, INC.
HOPKINS POSTMASTER
POSTMASTER
COMMISSIONER OF REVENUE
FEDERAL RESERVE BANK
COMMISSIONER OF REVENUE
SUBURBAN NATIONAL BANK
AETNA LIFE INSURANCE & ANNUITY
UNITED WAY OF MINNEAPOLIS
PERA
BLUE CROSS INSURANCE
Postage
Drama workshop-Rec dept
Wine
Wine
Liquor
Liquor
Liquor
Liquor
Supplies-Liquor store
Wine
Insurance
Insurance
Insurance
Insurance
Insurance
Insurance
Change fund-Bryant Lake
Change fund-Playground
Change fund-Teen Center
Postage
Needlepoint supplies-Rec dept
Equipment rental-Park dept
Bond payment
Soccer Clinic coach-Rec dept
Soccer Clinic coach-Rec dept
Soccer Clinic coach-Rec dept
Expenses-Teen Work program
Liquor
Supplies-Liquor store
Liquor
Liquor
Wine
Wine
Liquor
Liquor
Postage
Postage-General Population Survey
May sales tax
Payroll
Payroll
Payroll
Payroll
Payroll
Payroll
Insurance
$ (316,055.00"
154.70
45.00
624.81
342.03
1,058.68
899.08
2,147.24'
1,488.21 '
194.10 ,
600.74
361.10
5,843.02
122.30
1,222.00
988.74
532.48
25.00
60.00
15.00'
22.35
18.72
3,250.00
290,175.00
72.00.
72.00
90.00
51.00"
187.80
139.60
2,584.34
956.26
301.03,
409.48
1,676.81 ,
54.15 ,
2,000.00'
35.2;.1
2,530.22
12,648.81
9,298.84
150.00
205.00.
29.56
0,852.76
532.40
/609
Page two
July 1, 1980
2144 VOID OUT CHECK
2145 VOID OUT CHECK
2146 VOID OUT CHECK
2147 MINNESOTA DEPT OF PUBLIC SAFETY
2148 MINNESOTA DEPT OF PUBLIC SAFETY
2149 MINNESOTA DEPT OF PUBLIC SAFETY
2150 A & H WELDING & MEG. CO .
2151 ACE BILLIARD & RECREATION INC.
2152 ACRO-MINNESOTA INC.
2153 ADVANCE AMBULANCE & EQUIPMENT
2154 AIRWORLD RENT-A-CAR
2155 AMERICAN DEMOGRAPHICS
2156 AMERICAN POP CORN COMPANY
2157 ARMOR LOCK & SAFE CO
2158 ASSOCIATION OF METROPOLITAN
2159 BRW
2160 GREG BEAUVIS
'CI JERRY BEINFANG
.02 BOUSTEAD ELECTRIC & MFG. CO .
2163 BRUCE PETER BREN
2164 BROWN & CRIS INC.
2165 BRYAN AGGREGATES, INC.
2166 NIKKI CAMPBELL
2167 KIM CARLSON
2168 CASE POWER & EQUIPMENT
2169 CASH REGISTER SALES, INC.
2170 CHANHASSEN AUTO & TRUCK REPAIR
2171 CLUTCH & U-JOINT BURNSVILLE, INC.
2172 COPY EQUIPMENT, INC.
2173 CUTLER-MAGNER COMPANY
2174 DALCO
2175 JOHN DENARDO
2176 ELIZABETH DENTON
2177 DIRECT SAFETY COMPANY
2178 DORHOLT PRINTING & STATIONERY
2179 EDEN PRAIRIE ATHLETIC ASSOC.
2180 EDEN PRAIRIE CLEANERS
2181 EDEN PRAIRIE FIRE DEPARTMENT
2182 EDEN PRAIRIE SCHOOL DISTRICT
2183 ELK RIVER CONCRETE PRODUCTS
2184 MATT EMRY
2185 CRIS ENGER
( 16 STEPHANIE ERICKSRUD
2187 FAIRVIEW COMMUNIU HOSPITALS
2188 FEED-RITE CONTROLS, INC.
2189 TARA FELTL
2190 FINANCE DIVISION
2191 FIRE SAFETY & COMMUNICATIONS
Registration of motor vehicle
Registration of motor vehicle
Registration of motor vehicle
Steel bar
Rental-Rec dept
Office supplies
Oxygen regulator, stethoscope
Car rental-Rec dept
Subscription-Planning dept
Pop corn-Rec dept
Service
Dues .
Service-Ringroute 78th Street-Hwy 169,
Temp Signal on TH 169, Dell Road, TM #5
& West 78th Street 8 Mitchell Road, Lotus
View Drive, Anderson Lake Parkway
Softball official
Softball official
Furance motor-City Hall
Fireman
Move lowboy-Park dept
Rock
Refund-Rec dept
Refund-Rec dept
Equipment rental
Ribbon-Liquor store
Repair & parts
Equipment repair & parts
Fiber glass tape, scale, inking film
Quicklime
Cleaning supplies, paint-Water dept
Softball official
Refund-Rec dept
Pipe markers
Office supplies
Equipment Storage-Park dept
Clean blankets-Public safety
School-Fire dept
Fuel-Street dept, Service-Custodial
Rings-Street dept
Refund-Rec dept
Expenses
Refund-Dec dept
Tests-Police dent
Sulfate-Mater dept
Refund-Dec dept
Printing charge-Engineering dept
Signs-Water dept
K100
3.75
3.75
3.75
26.4?
375.00!
51.031
91.95,
1,412.38.
30.00
64.00i
13.75'
938.00'
10,073.87
11.00
11.00
109.98'
134.00
135.00
1,345.36
12.00
8.00
1,200.00
10.34
632.89
24.72
245.93
3,389.87
239.10
11.00
10.00
9.41
264.38
90.00
6.00'
140.00'
12,187.61i
55.20
102.50
20.001
8.00
25.00
2,022.1!,
8.00
4.00
960.24
Pq three
JdI f 1, 1980
2192 FLOYD SECURITY
2193 JOHN FRANE
2194 GENERAL COMMUNICATIONS, INC.
2195 GOPHER SIGN CO.
2196 HAGEN OFFICE EQUIPMENT, INC.
2197 HARMON GLASS
2198 HAROLD'S WOODWORKING SHOP
2199 SHELLY HILL
.2200 SUSAN HILL
2201 HOPKINS PRINT SHOP, INC.
2202 ELIZABETH HUNTLEY
2203 INTERNATIONAL ASSOC. OF CHIEFS
2204 GENE A. JACOBSON
2205 JOHNSON-BIGLER CO., INC.
2206 JOHNSON WHOLESALE FLORIST
2207 CARL JULLIE
2208 KAPAK CORPORATION
2209 MIKE KIEFER
2210 M.E. LANE, INC.
2211 ROBERT N. MARTZ
2212 BEN MEADOWS COMPANY
2213 MEDICAL OXYGEN & EQUIPMENT CO.
22L
METRO PRINTING INC. ,
METROPOLITAN WASTE CONTROL
2216 MIDWEST ASPHALT CORPORATION
2217 MINNESOTA GAS COMPANY ,
2218 MINNESOTA RECREATION & PARK ASSOC.
2219 MINNESOTA RECREATION & PARK
2220 ARVIN MOREHOUSE
2221 KELLY MORTON
2222 MINNESOTA VALLEY ELECTRIC
2223 NAIL RECREATION & PARK ASSOC.
2224 NORTHERN STATES POWER COMPANY
2225 NORTHWESTERN BELL TELEPHONE
2226 NORTHWOOD GAS CO., INC.
2227 OLSEN CHAIN & CABLE
2228 PENNY'S SUPERMARKET
2229 PERBIX, HARVEY, SIMONS
2230 PERKINS MOTOR TRANSPORT
2231 MELISSA PETERSON
2232 JACQUES PHILIPPON
2233 PITNEY BOWES
2234 PROTECT-AIRE
2235 BOB QUINN
2236 RITA RADKE
2237 RAPID COPY, INCORPORATED
2238 DON REDINIUS
2(
• ROBERTS DRUG
2240 MICHAEL ROGERS
2241 JOHN ROLES
2242 ROLL TANK COMPANY
2243 RODNEY W. RUE
2244 RUSSELL SMITH ASSOCIATES, INC.
Service
Expenses
Equipment repair & parts-Police dept
Fire hydrant marking signs-Water dept
Equipment repair-Police dept
Repair squad car windshield
Solid door-Planning dept
Umpire-Rec dept
Expenses-Rec dept
Printing-Rec dept
Craft instructor-Senior Citizen Center
Conference-Fire dept
Mileage
Lumber-Round Lake
Plant food-Senior Citizens Center
Expenses
Evidence pouchs-Police dept
Softball official
Insurance
Expenses
Paint
Oxygen-Fire dept
May/June Happenings
Sewer Service
Blacktop
Service
Softball tournament
District Softball tournament
Refund-Rec dept
Refund-Rec dept
Service
Dues-Park dept
Service
Service
Gas cylinders
Rope-Rec dept
Coffee & Misc supplies-City Hall
Legal service
Hauling charges for dozer-Park dept
Refund-Rec dept
Refund-Rec dept
Service
Protect screens for new squad car
Softball Umpire
Refund-Rec dept
Liquor ID cards
Softball official
Supplies-Police dept
Softball umpire
Softball umpire
Tank-Park dept
Expenses
Appraisal fee-Norseman Industrial Park
182.50
114.40
81.45
709.89
16.00
119.16
278.50
11.00
50.00
68.90
32.00
325.00
76.57
15.00
27.86
9.50
51.00
22.00
27,392.00
111.35
326.06
23.87
674.00
21,592.74
11,145.56
253.50
300.00
600.00
12.00
8.00
23.50
70.00
8,908.42
322.17
12.00
60.00 1
89.28
120.00
107.501
5.00
20.00
45.00
284.85
11.00
24.00
11.50
22.00
24.00
11.00
22.00
307.10
20.00
350.00 no
Pe-,? four
3L-4 1, 1980
Steel posts 275.00
Sod-Street dept 141.00
Employment exam-Engineering dept 73.00
Supplies-Building dept 82.75
Service-Proposed Community Center 1,471.65
Expenses 86.24
Employment ad-Planning dept 9.15,
Steel fork truck-Water dept 250.21
Breathalyzer test kit-Police dept 89.501
Service-Research Road 25.00,
Employment ad-Planning dept 40.00 ,
Grinder rental-Water dept 31.35
Scale-Engineering dept 37.80'
Minutes-Park & Rec dept 68.00
Softball official 11.00
Calculator repair-City Hall 91.00
Expenses 100.00
Uniforms-Police dept 121.50
Instructor-Rec dept 32.00
Equipment rental-Park dept 2,350.00
Chlorine-Water dept 1,480.80
Equipment repair & install vacuum feed line 1,729.70
for chlorinators-Water dept
Fire hydrant repair parts-Water dept 162.00
Bryant Lake Park attendent 58.00
Candy bars-Rec dept 264.77
Refund-Rec dept 10.50
Refund-Rec dept 12.00
Service 210.58
Tires-Street dept 1,544.22
Softball official 11.00
Softball official 11.00
Softball official 11.00
Softball official 11.00
Softball official 11.00
Softball official 11.00
Softball official 11.00
Softball official 11.00
Bulbs for squad cars 8.42
Speedometer tests 45.00.
Expenses-Teen Work 108.00
Mileage 90.00
Equipment repair & parts 140.10
Equipment repair-Fire dept 45.00 ,
Mileage 100.0&
Refund-Rec dept 1.50
Towing service 76.00
Parking fee-Rec dept 5.00
Munchkins picnic-Rec dept 48.00
Golf instructor 756.00
Mileage 48.26
Mileage 35.93,
00.2
2245 ST. REGIS PAPER COMPANY
2246 VOID OUT CHECK
2247 SCHMIDT SOD COMPANY
2248 SHAKOPEE MEDICAL CENTER
2249 W.E. NEAL SLATE CO.
2250 SOIL EXPLORATION COMPANY
2251 ED SORENSEN
2252 SOUTHWEST SUBURBAN ADVERTISER
2253 STANDARD HANDLING DEVICES
2254 DON STREICHER GUNS, INC.
2255 SULLIVANS SERVICES, INC.
2256 SUN NEWSPAPERS
2257 Taylor Rental Center
2258 TELEDYNE POST
2259 CARRIE TIETZ
2260 LIZ TRACY
2261 TRW CUSTOMER SERVICE
2262 ROGER ULSTAD
2263 UNIFORMS UNLIMITED
2264 MARY UPTON
2265 VALLEY EQUIPMENT CO.
2266 VAN WATERS & ROGERS
7
VESSCO
2268 WATER PRODUCTS COMPANY
2269 TERESE WATERS
2270 A. WEISMAN CO. STANDARD CIGAR
2271 KIM WILEY
2272 WENDY WORTMAN
2273 XEROX CORPORATION
2274 ZIEGLER TIRE SERVICE
2275 GARY ANDERSON
2276 TOM BROKL
2277 RON DENNIS
2278 DAVE HALVERSON
2279 SHELLY HILL
2280 MICHAEL LE1ST
2281 DIANNE MATTSON
2282 DICK SANFORD
2283 AUTO-HDWE WAREHOUSE CO.
2284 AUTOTRAAC
2285 BUCKNILL
2286 BRUCE CONNELLY
2287 GENERAL COMMUNICATIONS, INC.
2288 GNERER WELDING, INC.
2289 ROSEMARY JOHNSON
2290 REBECCA MAHN
( 1 WATT'S AUTO SERVICE, INC.
2292 MINNESOTA ZOOLOGICAL GARDEN
2293 MINNESOTA ZOOLOGICAL GARDEN
2294 JIM RESCH
2295 KATHY UPTON
2296 SANDRA WEFTS
Pi, five
July 1, 1980
2297 BECKY ZABEL
2298 MARK SWEAZY
2299 STEPHEN CALHOON
2300 CARDARELLE & ASSOCIATES, INC.
2301 MARY KENNY
2302 LANG, PAULY & GREGERSON, LTD.
2303 HIDDEN PONDS SECOND A LTD PARTNER
2304 DIRECTOR OF FINANCE HENNEPIN COUNTY
Mileage
Mileage
Mileage
Boundary survey
Mileage
Legal service
Land purchased
Taxes—Hidden Ponds property
9.88
80.00
9.50
1,800.00
75.87
5,665.00
134,367.56 ,
5,610.76 1
TOTAL
$309,105.68
.1
SUPPORTING MATERIALS
PRELIMINARY PLAT OF GELCO FIRST ADDITION
1. Owner/Developer involved:
The owner of the land included in the preliminary plat
is Gelco Corporation, One Gelco Drive, Eden Prairie, Minnesota
55344.
2. Proposed Use and Sale of Lots:
At the present time, the main offices of Gelco Corporation
are located on the land included in the preliminary plat. Due
to rapid growth, Gelco Corporation is presently constructing
a second office building on the land which will house additional
administrative staff and is also constructing additional parking
facilities to serve these employees. Gelco Corporation plans to
construct additional office space and parking in the future to
accommodate future growth. The precise location and dimensions
of these future facilities are still uncertain.
Gelco Corporation does not plan to sell any of the lots.
However, each new facility and related parking area will be
mortgaged individually to obtain construction financing. In
fact, accommodating present and future construction financing
is the primary reason for the unusual lot configuration depicted
on the preliminary plat.
3. Existing Zoning.
The existing zoning for the Gelco Corporation property is
Office District (OFC).
4. County Half-Section:
Please find attached the county map which depicts surround-
ing land-use and nearby property owners.
5. Variances Requested.
Gelco Corporation will require the following variances
for the following lots:
Variance
Parking not on same parcel
Set back
Lot size
Lot
Block 1, Lots 2 b 3
Block 2, Lot 1
Block 1, Lot 2
Block 3, Lots 1-5
Block 3, Lot 2
Floor Area Ratio Block 1, Lots 1 & 2
Submitted by:
Pamela J. Moret
Leonard, Street and Deinard
1200 National City Bank Bldg.
510 Marquette Avenue
Minneapolis, MN 55402
u2(12-- -2- 1,70:T
•"'-'` (22, 'L. • \N. \ N 1/2 SEG.-43. T./16. R. 22 • .11 tam•. —7"-- Off-. nide.' it" Off.. -4 s t • —641: - • 4-"s• v174,2., • • US- L A K. E It' -I T t. .,.__ . If • 71:. EDEN PRAIRIE 61
pEmo
TO:
FROM:
DATE:
PROJECT:
APPLICANT:
REQUEST:
LOCATION:
Planning Commission
Chris Enger, Director of Planning
June 4, 1980
GELCO CORPORATION PLATTING
Gelco Corporation
Preliminary platting as a part of the PUD Development
Stage Approval
South of West 78th Street and 1-494, West of Co.Rd.18,
and bounded on the South by Anderson Lakes
BACKGROUND
In August of 1978 Gelco Corporation received PUD Concept plan approval
and zoning for Stages II through V of their office park. That plan is
attached to this report.
PRESENT REQUEST
Gelco's current request, also as part -of the Development Stage of the PUD,
is to preliminary plat their entire 60 acre parcel (42 acres for office
and 18 acres to be deeded to the City), to split their building , driving,
and parking areas into separate lots and outlets according to building
phases to facilitate separate mortgages.
Gelco represents that it is their intention to retain all of the land
and future buildings within their ownership.
Technically, the way in which the lots are drawn would create a conflict
with certain provisions of Ordinance 135(parking for a building must be
provided on the same lot as the building and parking must be 10 feet from
a lot line). However, setbacks from the peripheral lot lines are correct,
Gelco will be providing appropriate access and egress easements for the
parcels, and the platting is all being done in conformance with the overall
Planned Unit Development.
The parking for -the building currently under construction will be provided
at grade over the rest of the land to the west. Subsequent phases will
require provision of parking in ramps above the Stage 11 parking.
RECOMMENDATIONS
The Planning Staff recommends approval of the PUD Developmont Stage and
Preliminary Plat for Moo Corporation subject to the following:
1). A detailed landscaping plan must be submitted for review and approval
prior to final plat approval which will delineate landscaping as.
required for Phase 11 parking and building in the Sept. 5,197U Agreement.
2). The necessary waivers created by this preliminary plat should be granted
as a part of the POD Development Stage approval.
3). Copies of the easement documents governing access between parcels
should be submitted to the City Attorney for review prior to final
plat approval. 23W
n
MINUTES
EDEN PRAIRIE PLANNING COMMISSION
approved
Monday, June 9, 1980
7:30 PM City Hall
MEMBERS PRESENT: Chairman William Beaman, Liz Retterath, Grant Sutlif
f
,
Virginia Gartner, Matthew Levitt, GeorgeBentley, Hakon Torjesen
STAFF . PRESENT: Chris Enger, Director Planning; Jean Johnson, Assistant Planner
I. APPROVAL OF AGENDA
Retterath moved, Sutliff seconded, to approve the agenda as submitted.
Motion carried unanimously.
II. APPROVAL OF THE MINUTES OF MAY 12,1980
P.2,Motion 1, add-(Bentley —abstaing -biCause of past involvement in
litigation against the developer).
Bentley moved, Gartner seconded, to approve the minutes as amended.
Motion carried 6:0:1 with Torjesen abstaining.
III. MEMBERS REPORTS
Retterath welcomed Hakon Torjesen back from his leave of absence.
IV. DEVELOPMENT PROPOSALS
A. DEER CREEK PUD AND REZONING, by T.G.C. Development, Inc. Request
for PUD concept approval on 80 acres for single family, townhouse
quadraminiums, and commercial use; rezoning from Rural to RM 2.5
preliminary plat approval, and approval of an Environmental •
Assessment Worksheet. Located East of Mitchell Road, South of
Old Farm Quads, and North of Ridgewood West. A continued public heari
n
g
.
Motion__
Gartner moved, Retterath seconded, to coVtinue the Deck Creek
public hearing to June 23 as requested by the proponent.
Motion carried unanimously.
B. SUPERAMFRICA STATION, at Co.Rd.4/TH 5. Request to rezone 1.3 acres
from Plan Study to Highway Commercial for construction of a convenien
c
e
store and gas station. Located in the Southwest corner of TH 5 and
Co.Rd. 4. A continued public meeting.
Motion_
Retterath moved, Gartner seconded to continue the SUperamerica
item to the July 14 meeting as requested by the proponent.
Motion carried unanimously.
C. GELCO_FIR5T_ADDITION, by Gelco Corporation. Request for PUD
'Development Stage approval to preliminary plat the 60 acre Gelco
PUD into 9 lots and 10 outlets. Located north of Anderson Lakes
and South of 1-494 and West 78th Street. A public hearing.
The Planner informed the Commission the plat request depicting buildi
n
g
,
parking and access areas upon land zoned Office is to facilitate
mortgaging for construction purposes. He stated that presently build
i
n
g
numter 2 is under construction. The Planner then reviewed the staff
report recommendations.
approved Minutes-Planning Commission -2-
June 9, 1980
Gelco First Addition, continued
Emerson Greenberg, Gelco Corporation, reinterated the need for the
p
l
a
t
t
o
allow separate mortgaging of constructioo of the approved phases.
Levitt inquired if all land within the plat is zoned Office. The Pla
n
n
e
r
replied affirmative, adding that also depicted on the plat plan is l
a
n
d
which is zoned Public around the lake.
Fred Rosenblatt , legal counsel,Gelco Corporation, stated that the le
g
a
l
description of land conveyed to the City is separate from the plat le
g
a
l
.
Levitt asked if two buildings are contemplated upon Lot 1, Block 2.
Rosenblat replied that at this time it appeared sensible to plat the
a
r
e
a
only into 1 lot until it is known whether one or two buildings will
b
e
constructed. He informed the Commission that as part of the PUD and z
o
n
i
n
g
agreement, each building phase plan must return for City approval.
Levitt inquired if the plat as proposed with off site parking and cross
e
a
s
e
m
e
n
t
s
would be functional if Gelco sells one or more buildings.
The Planner replied the area could still function as an office park if a building is sol
d
b
e
c
a
u
s
e
easements for access and parking are outlined similar to what has b
e
e
n
d
o
n
e
in other communities.
Bentley stated he is uncomfortable making a recommendation on off
s
i
t
e
p
a
r
k
i
n
g
as it could set a precendent.
Emerson Greenberg stated that the plat proposed conforms to the Ci
t
y
'
s
previous approvals on the overall site.
Beaman asked if there were other parties than Gelco and the bank t
o
t
h
e
mortgage. Emerson Greenberg replied negative.
Bearman asked if anyone in the audience had questions or comments.
N
o
n
e
were raised.
Motionj
Levitt moved, Gartner seconded, to close the public hearing on the G
e
l
c
o
First Addition. Motion carried unanimously.
Motion ..2
Levitt moved, Gartner seconded, to recommend to the City Council app
r
o
v
a
l
o
f
the preliminary plat dated May 19, 1980 as per the staff report of J
u
n
e
4, 1980. Motion carried unanimously.
D. ANDERSON LAKES PARKWAY NEIGHBOR11000 SHOPPING CENTER, by Eden Prairie Real
Estate Investment Corporation. Request for PUD Concept approval , rez
o
n
i
n
g
from Rural to C-Corn, and preliminary plat approval. Located in the S
o
u
t
h
w
e
s
t
corner of US 169 and Anderson Lakes Parkway. A public hearing.
Dick Krier, Westwood Planning & Engineering, reviewed the site lo
c
a
t
i
o
n
,
p
a
s
t
meetings with neighborhood, site character, location of buildings, pro
p
o
s
e
d
access points, landscapingond berming,as they are outlined in the sub
m
i
s
s
i
o
n
material. Mr. Knee then presented the Commission with copies of the
p
r
o
j
e
c
t
'
s
proposed design standards which will control building design, light
i
n
g
,
planting material, signage, etc.
.1'0 7
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.R807114
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF GELCO FIRST ADDITION
BE IT RESOLVED by the Eden Prairie City Council as follows:
That the preliminary plat of Gelco rirst Addition
dated May 1919BO___, a copy of which is attached hereto and amended
as follows:
is found to be in conformance with the provisions of the Eden Prairie
Zoning and Platting ordinances and amendments thereto and is herein
approved.
ADOPTED by the Eden Prairie City Council on the day of
Wolfgang H. Penzel, Mayor
Frane, City Clerk
SEAL
,130g ittf -
ROSEWOOD CORPORATION
June 20, 1980
Mr. John D. Frane
-Finance Director
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55343
Dear John:
" ea, ono,e'—f
Rosewood Corporation has been aggressively working to complete our
project on Fuller Road in the City of Eden Prairie. This industrial
project was started in 1979 and we have been pleased with the cooperation
of the City Staff and Council throughout this past year and a half.
The one problem area which we have faced in completing this project is
that of financing. As you know, the Council approved an Industrial Revenue
Bond in January, 1979 for this project, The Council also renewed their
approval in SW of 1980. We are appreciative of this previous action on
our behalf. It is unfortunate that throughout this time period the money
market has been excessively tight and the lenders have not looked upon this
project favorably without the building being 100% occupied. I am glad to
tell you that with the present relief in the prime interest rate, lenders
are more aggressively seeking out opportunities for investment and the
minimum requirements of 100% occupancy are not as prevalent as they previously
had been. In addition, we are working with a tenant that would take a majority
of the building for their main office of a distribution business.
On behalf of Rosewood Corporation, I am asking, John, that you and the City
Council would again extend the terms and conditions of the Industrial Revenue
Bond for an additional six months as we continue to work out the details
of securing a tenant and the financing for the building. Thank you very much
for this consideration.
(--)
•
----'Howard L. Rekstad
Vice President •
HLR:mls
cc: Mr. Russ Prince
Juran 6 Moody
Reel Estote Development • Real Note Investment Services
Construction • Maintenance Services • Properly Management
Retail Operations • Wm °housing Services
2432 Prior Avenue North, P0, Box 8307. Roseville. MN 55113. Phone: (612) 6368050
Cordially,
/
I')
TO: Mayor and Council
FROM: John Frane
DATE: June 16, 1980
RE: MIDB'S - Eden Prairie Partners - $1,500,000
This project was given preliminary approval on October 2, 1979. The attached
letter requests a one year extension.
REID & ANDERSON
ATTORNEYS AT LAW
111.1172 261
15612 HIGHWAY 7
MINNETONKA, MINNESOTA 66343
MALCOLM D. 5131D
JAMES A. ANDERSON
71LEC,002 612
TELEANOmE 612
•30•3472
June 9, 1980
930-3473
Mr. John Frane
Finance Director
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Mr. Frane:
As you will recall, Eden Prairie Partners ' a partnership
consisting of Brian M. Zubert and Malcolm D. Reid, entered
into a memorandum of agreement whereby the City agreed to
issue and sell revenue bonds in an amount not to exceed
$1,500,000 to pay a portion of the cost to construct an
office/warehouse complex consisting of three buildings,
approximately 74,000 square feet in size in the City of
Eden Prairie. Under that agreement, Eden Prairie Partners
has twelve months from the date thereof to agree to mutually
acceptable terms and conditions of a revenue agreement with
the City of Eden Prairie.
Due to current economic conditions, it was the decision of
Eden Prairie Partners to defer the construction of its
office/warehouse project until long term interest rates
became more favorable. At this point in time, it would be
advisable for Eden Prairie Partners to obtain an extension
of approximately twelve months from the time period previous-
ly mentioned. Such an extension is hereby requested from
the City of Eden Prairie.
MDR:ps
r) I q
eden Prarie Jliatorical Society
JUN 2 4 1980
6525 Birch Island Road
Eden Prairie, Minnesota 55344
June 21, 1980
Mr. Roger K. Ulstad
City of Eden Prairie Manager
8950 Eden Prairie Road
Eden Prairie. Minnesota 55344
Dear Mr. Ulstad,
East of the Grill home on Pioneer Trail on property purchased
by the city for park use is a peony garden with over 400
plants. This garden is over fifty years old and has many
varieties of select and unusual peonies which Mrs. Grill's
mother, Mrs. Phipps, purchased directly from Chinese growers
who had brought them originally from China.
The Phipps and later the Grills sold the flowers in the Twin
City markets and also shared them with the people in the
community for weddings and other special occasions. For over
fifty years they have decorated the Methodist and Presbyterian
churches in June. This peony garden is something the Historical
Society feels should be preserved. At its June meeting the
society voted to ask the city to take some action in its
preservation.
The value of the peony garden has been brought to the attention
of Robert Lambert in the Park Department. Someone did run a
cultivator through it once but since it has been neglected and
grown up to weeds. Mr. Lambertdid state he did not have men to
care for it. The care would have been minimal if cared for at
once but will now require more work to get the weeds out.
This garden could again be the beauty spot which attracted
people from all over the state . The plants could be divided
and the garden doubled in size • According to the University
Agricultural Extension Service this should be done in late
August or early September. The age of the plant is timeless
The Eden Prairie Historical Society would like to have you
bring this matter to the attention of the City Council.
Yours truly,p
44
, ,
0,4_6 -.Ct.-Ili:Li
Abbie Fiche, President
r-115"
937-2q/3
PUBLISHED in the Eden Prairie News on theday of , 1980.1
o
OlmlicHillsSixthAddition
CITY OF EDEN PRAIRIE RAP
HENNEPIN COUNTY, MINNESOTA
Ordinance No. 80-03
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 R1-13.5
District.
Section 2. The above-described property shall be subject to the
terms and conditions of that certain Developer's Agreement dated as
of 1980, between Olympic Hills Corporation. a
Minnesota corporation, and The Preserve, a co-partnership consisting of Carter & Gertz,
Incorporated, a Minnesota corporation, the Minnesota Gas Ccmpany, a Delaware corporation,
and the City of Eden Prairie, which Agreement is hereby made a part
hereof and shall further be subject to all of the ordinances, rules
and regulations of the City of Eden Prairie relating to the Fa -13 .5
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
, 198'0, 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
ATTEST:
TaTi) D. Franc - City Clerk
Li 4.•••••
DESCRIPTION OF THE PART OF OLYMPIC HILLS SIXTH
ADDITION TO BE ZONED TO R1-13.5
Outlot C, MEADOW PARK, according to the plat thereof, on file or of record in
the Office of the Registrar of Titles, Hennepin County, Minnesota.
That part of Government Lot 4, and accretions thereto, Section 23, Township 116,
Range 22, Hennepin County, Minnesota, described as follows:
Commencing at the southeast corner of said Section 23; thence South 89
degrees 13 minutes 29 seconds West, assumed basis for bearings, 1123.97 feet
- along the south line of said Section 23 to the point of beginning of the
herein described property; thence South 89 degrees 13 minutes 29 seconds
West, along said south line, 753.95 feet; thence North 01 degrees 04 minutes
37 seconds West, 395.01 feet; thence North 83 degrees 30 minutes 51 seconds
East, 150.75 feet; thence North 10 degrees 59 minutes 35 seconds East,
122.58 feet; thence South 88 degrees 03 minutes 20 seconds West, 249.09
feet to the east line of Registered Land Survey No. 1041, files of Registrar
of Titles; thence North 00 degrees 18 minutes 04 seconds West, 780.31 feet,
along said east line, and along the east line of Outlot C, MEADOW PARK,
according to the plat thereof, on file or of record in the Office of the
Registrar of Titles, to the northeast corner of said Outlot C; thence South
80 degrees 51 minutes 00 seconds East, 378.24 feet; thence South 63 degrees
20 minutes 59 seconds East, 208.43 feet; thence South 54 degrees 16 minutes
26 seconds East, 124.40 feet; thence South 39 degrees 49 minutes 56 seconds
East, 225.36 feet; thence South 48 degrees 29 minutes 55 seconds West,
150.00 feet; thence South 38 degrees 31 minutes 05 seconds East, 101.35
feet; thence North 47 degrees 35 minutes 28 seconds East, 140.00 feet;
thence South 54 degrees 25 minutes 26 seconds East, 221.01 feet; thence
South 65 degrees 33 minutes 05 seconds East, 267.51 feet; thence South 74
degrees 19 minutes 36 seconds East, 547.40 feet; thence South 62 degrees 42
minutes 10 seconds East, 185.83 feet to the east line of said Section 23;
thence South 00 degrees 09 minutes 18 seconds East, along said east line,
28.39 feet; thence South 01 degrees 52 minutes 59 seconds West, along said
east line, 196.49 feet; thence North 65 degrees 45 minutes 30 seconds West,
418.84 feet; thence South 61 degrees 16 minutes 25 seconds West, 277.35
feet; thence North 71 degrees 36 minutes 12 seconds West, 663.82 feet;
thence North 17 degrees 14 minutes 25 seconds West, 257.56 feet; thence
North 47 degrees 35 minutes 28 seconds East, 111.04 feet; thence North 38
degrees 32 minutes 41 seconds West, 102.14 feet; thence South 48 degrees 29
minutes 55 seconds West, 198.50 feet; thence South 32 degrees 20 minutes 10
seconds West, 137.30 feet; thence North 88 degrees 34 minutes 22 seconds
West, 130.10 feet; thence South 12 degrees 37 minutes 02 seconds West,
107.94 feet; thence North 89 degrees 13 minutes 29 seconds East, 135.00
feet; thence South 14 degrees 48 minutes 42 seconds East, 144.31 feet;
thence South 54 degrees 49 minutes 15 seconds East, 476.88 feet, to the
point of beginning.
ot7
That part of the following described property:
That part of Government Lots 1 and 10, and accretions thereto, Section 24,
Township 116, Range 72, and Government Lots 1 and 2, and accretions thereto,
Section 25, Township 116, Range 22, lying westerly of Olympic Hills First
Addition, according to the recorded plat thereof, and southerly of Line A
hereinafter described, and northerly of Line B hereinafter described:
Line A
Beginning at the southwest corner of Outlot A, Olympic Hills First Addition;
-thence northwesterly 1280 feet along a line deflecting to the left 42 degrees
from the west line of said Outlot A; thence westerly to a point in the
northerly extension of the west line of Government Lot 1, Section 24, distant
360 feet north of the southwest corner thereof and there terminating.
Line B
Beginning at the southwest corner of Outlot B, Olympic Hills First Addition;
thence westerly 470 feet along a line deflecting 100 degrees to the left from
the westerly line of said Outlot 8; thence northwesterly to the northwest
corner of Government Lot 2, Section 25, and there terminating.
Which is described as follows:
Commencing at the southwest corner of said Section 24; thence North 01
degrees 52 minutes 59 seconds East, assumed basis for bearings, 167.24 feet
along the west line of said Section 24 to the point of beginning of the
herein described property; thence North 01 degrees 52 minutes 59 seconds
East, along said west line, 127.24 feet; thence North 00 degrees 09 minutes
18 seconds West, along said west line 65.62 feet to the above described Line
A; thence North 89 degrees 13 minutes 29 seconds East, along said Line A,
190.75 feet; thence South 03 degrees 09 minutes 39 seconds West, 220.29 feet;
thence South 86 degrees 50 minutes 21 seconds East, 43.00 feet; thence North
03 degrees 09 minutes 39 seconds East, 223.25 feet to said Line A; thence
North 89 degrees 13 minutes 29 seconds East, along said Line A, 183.19 feet;
thence South 64 degrees 26 minutes 06 seconds East, 1599.67 feet; thence
South 10 degrees 39 minutes 39 seconds West, 267.31 feet; thence North 80
degrees 03 minutes 44 seconds West, 225.94 feet; thence South 34 degrees 32
minutes 09 seconds West, 147.05 feet to the above described Line B; thence
North 66 degrees 10 minutes 18 seconds West, along said Line B, 1424.32 feet;
thence North 25 degrees 02 minutes 44 seconds East, 68.88 feet; thence North
07 degrees 37 minutes 05 seconds West, 125.90 feet; thence North 71 degrees
14 minutes 45 seconds West, 230.50 feet, to the point of beginning.
MICI !AEI. J. AnAms
OREOORY D.OUSTAFSON
MARS 0. 01INSTAD
STANLEY C. OLSEN. JR.
T11071AS I. MARA
JOHN 71.11t7JAN
JOHN E. VEKELICH
RONALD 1... SNELLIND
JAMES D. ATKINSON. III
JOHN D. POVOLNV
JOSEF'S, J. CHRISTENSEN
GUSTAFSON & ADAMS. P. A.
ATTORNEYS AT LAW
surrn 4 1 1
7400 METRO 14001.10.7AM)
EDINA. MINNESOTA 85450
TELEDDONE (0( 7) 835-7077
JUN 26 1980
OF COUNSEL
HARRY OUSTAPSON
June 26, 1980
Mr. Roger Pauly
Eden Prairie City Attorney
4108 IDS Center HAND DELIVERED
80 S. 8th Street
Minneapolis, MN 55402
Re: Olympic Hills Sixth Addition
Dear Roger:
Enclosed please find the following documents:
1. Developer's Agreement.
2. Open Space Agreement.
3. Preservation Agreement.
4. Escrow Agreement.
5. Title opinion relating to mortgages on Outlot A,
Olympic Hills Second Addition.
6. Title opinion relating to mortgages on approxi-
mately one-half of the existing golf course
property.
7. Title opinion relating to mortgages on the
balance of the existing golf course property.
8. Copy of Reverter Language for Inclusion in
the Warranty Deed from The Preserve to Olympic
Hills Corporation covering the proposed golf
course areas on The Preserve's portion of the
development.
n i 9
Mr. Roger Pauly
June 26, 1980
Page 2
The documentation listed at Nos. 1 through 4 above contain the
revisions agreed to between you and our office in telephone discussions
held yesterday and earlier in the week. We have made an additional
revision on the first page of the Escrow Agreement. This revision
consists of the substitition of the word "Olympic" for the word
"Developer" in the last "WHEREAS" clause and twice in the first sen-
tence of Paragraph 1 of the Agreement. This change was made to conform
to the revision of the Agreement, suggested by you, specifying the
Open Space Agreement in Paragraph 1,in place of a general reference
to "documentation".
This change was made while the final version of the document was
being typed and we feel it should be agreeable to the City of Eden
Prairie since it clarifies the intended operation of the Escrow Agree-
ment.
We are currently obtaining signatures on three sets of the
Developer's Agreement, two sets of the Escrow Agreement and one set
each of the Open Space and Preservation Agreement. All executed copies
of this documentation will be delivered to the City offices as early
as possible tomorrow. Photocopies of the enclosed documentation is
being concurrently delivered to the City today under copy of this
letter.
If there are any questions or problems in regard to the foregoing,
please feel free to give me a call.
JJC:cw
Enclostires
cc:VRoger Ulstad
William G. Bale
Very truly yours,
GUSTAFSON & ADAMS, P.A.
Joseph J. Christensen
Attorney at Law
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
, 1980, by
and between OLYMPIC HILLS CORPORATION, a Minnesota corporation, and THE
PRESERVE, a co-partnership consisting of Carter L. Gertz, Incorporated, a
Minnesota corporation, the Minnesota Gas Company, a Delaware corporation,
(hereinafter collectively 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 approximately 85 acres of
land, from Rural to R1-13.5 District, which land is situated in Hennepin County,
State of Minnesota, more fully described in Exhibit A, attached hereto and made
a part hereof (hereafter referred to as the "property"), and
WHEREAS, Owner desires to plat and develop the property into 84 lots for
single family residences:
NOW THEREFORE, in consideration of the City adopting Ordinance No. 80-03
Owner covenants and agrees to control construction upon, development, and main-
tenance of said property as follows:
1. Owner shall plat and develop the property in conformance with
the documents dated November, 1979, reviewed and approved by
the City Council on January 22, 1980, and attached hereto as
Exhibit D, subject to such changes and modifications lrovided
herein. Owner shall not develop the property in any respect
or manner other than as contiiined herein.
2. Owner covenants and agrees to tho 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 ferth
in Exhibit C, attached hereto and made a part hereof.
3. Owner shall convey by Warranty Deed those parcels labeled Outlots
E and F in the proposed plat of Olympic Hills Sixth Addition (Exhibit
B) to the City immediately upon filing of said plat and prior to
issuance of any building permit for any lot located therein.
4. Owner shall construct, concurrently with street and utility
construction within the property, a 5 foot wide, 5 inches deep,
concrete sidewalk with let down curb and gutter, within the
right-of-way and north of the driving surface of the East/West
Street as depicted in red on Exhibit B.
5. Owner shall, and shall cause others to, design and construct all
streets within the property so that grades shall not exceed 7%.
6. Owner shall notify City and the Riley-Purgatory Creek Watershed
District Engineer at least 48 hours prior to any grading on the
property.
7. Owner agrees to grant, immediately upon filing the final plat,
to City and public an easement, at least 10 feet wide, for
walkway and public trail purposes along the highest portion
of the Neil Lake dike, as shown in Exhibit B attached hereto
and made a part hereof.
8. Owner shall, concurrently with street and utility construction
within the property, construct an underpass, as outlined on
Exhibit B, within Outlot D. The dimensions of the underpass
shall be at least 8 feet high and 8 feet wide or as other-
wise approved by the City's director of planning.
9. As Owner, Olympic Hills Corporation shall not apply for, nor be
entitled to apply for, further development upon the property
delineated on Exhibit D attached hereto except such development
which is part of the golf course or country club operations,
or such development already approved by the City of Eden Prairie.
As used herein, the terms "golf course" and "country club" do
not include permanent or temporary residential use or transient
hotel use.
10. Owner shall not request the right to, nor be permitted to, begin
any permanent construction upon the existing golf holes until
the 3 replacement holes are completed and operable.
11. Owner shall not construct, nor allow others to construct, any
retaining walls, or similar structures, within public street
right-of-way, without the approval of the City Engineer.
12. Owner shall design and place signs on both sides of, and within
the right-of-way of, public streets within the property at .
sufficient distance from their intersection with established
at grade pedestrian crossings so as to afford warning of the
crossings at adequate sight distances.
- 2 -
n22.
IN WITNESS WHEREOF, the parties to this Agreement have caused those pre-
sents to be executed as of the day and year aforesaid.
OLYMPIC HILLS CORPORATION
By
its
THE PRESERVE
By Carter L Gertz, Incorporated,
Partner
By
I ts
and
By The Minnesota Gas Company,
Partner
By
Its
CITY OF EDEN PRAIRIE, a municipal
corporation of the State of
Minnesota
By.
Wolfgang H. Penzel, Mayor
By
Roger K. Ulstad, Manager
- 3 -
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1980, by , the
of Olympic Hills Corporation, a Minnesota
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 , the
of Carter F. Gertz, Incorporated, a Minnesota corporation, Partner of The
Preserve, and by , the of The
Minnesota Gas Company, a Delaware corporation, Partner of The Preserve; on
behalf of said partnership.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1980, by Wolfgang H. Penzel, the Mayor, and Roger K.
Ulsted, the City Manager, of Eden Prairie, a municipal corporation, on behalf of
the corporation.
Notary Public
- 4 -
DEVELOPER'S AGREEMENT
EXHIBIT C
Page 1 of 4
I. Owner shall submit a development plan prior to approval of the final plat
which shall show proposed grading, storm water drainage areas and direc-
tion of flow, preliminary utility plans, pending area and flood plain high
water levels for 100 year storm and minimum floor elevations for all lots.
Approval of the final plat shall be subject to approval of the development
plan by the City Engineer.
II. Owner shall submit detailed construction and storm sewer plans to the
Riley-Purgatory Creek Watershed District for review and approval.
Owner shall follow all rules and recommendations of said Watershed
District.
III. Owner shall pay cash park fees as to all of the property required by any
ordinance in effect as of the date of the issuance of each building permit
for construction on the property. Presently, the amount of cash park fee
applicable to the property is £325 per lot. 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 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.
V. A. All sanitary sewer, waterm'ain and storm sewer facilities,
streets, curb, gutter, sidewalks, and other public utilities
("improvements") to be made and constructed on or within the
property and dedicated to the City shall be designed in
compliance with City standards by a registered professional
1726
EXHIBIT C (Continued)
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, 2 years from the date hereof of
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 improvemants by the City Engineer
may be subject to such conditions as he may impose at the
time of acceptance. Owner, through his engineer, shall pro-
vide 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 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
provided, upon the conditions, and in accordance with
the terms of this subparagraph IV. 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 esti-
mated construction cost of said Improvements, sub-
ject 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 appro-
val to the City Engineer a written estimate of the
costs of the improvements.
- 2 -
. 'EXHIBIT C (Continued)
O. In lieu of the obligation imposed by subparagraph V. A.
above, Owner may submit a 10% 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, Owner shall have entered
Into a contract for rough grading of streets included in the
improvements to a finished subgrade elevation. Contractor's
obligation with respect to the rough grading work shall be
secured by a bond or letter of credit which shall guarantee
completion, and payment for all labor and materials expended
In connection with the rough grading. The amount of the
bond 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. Owner shall submit to the City Engineer a development plan
showing existing contours, proposed grading, finished
elevations, streets, sewer, water and storm sewer prelimi-
nary alignment and grades, minimum floor elevations, and
arrows showing direction of surface drainage, locations of
trails, etc.
D. All private improvements shall conform to the City's
building code requirements.
E. Owner shall promptly pay, upon a bill being rendered by the
City therefore, 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 street
within the property at least every two months (or within one week
from the date of any request by City), during the period com-
mencing May 1, and ending October 31, of each year, until such
time as such streets and improvements therein are accepted for
ownership and maintenance by City.
B. Within 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
seid curb and a line 3 feet measured perpendicular with the
curb or in lieu of said sod, place a fiber blanket with seed
approved by tho City (secured with stakes a minimum of 6 feet
l 2,2 7
EXHIBIT C (Continued)
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 IA" for each foot from the curb
lino.
Owner shall maintain the sod, fiber blanket, topsoil and grade
until such time as the the streets and improvements in the pro-
perty are accepted for ownership and maintenance by the City.
Owner shall also sod all drainage swales serving 5 or more lots a
minimum distance of 6 feet on either side of the center of the
swale.
C. The bond or letter of credit provided in Paragraph V.A. hereof
shall also guarantee the performance of Owner's obligations under
this Paragraph 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 infor-
mation 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 or to file the
plat of the property within 36 months of the date hereof Owner, for
Itself, its successors and assigns, shall not oppose rezoning of said pro-
perty 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 encumbrances, except those set forth
on opinion letter of Owner to be furnished.
XI. in the event there are or will be constructed on the property, 2 or more
streets, and if permanent street signs have not been Installed, Owner
shall install temporary street signs in accordance with recommendations of
the City Building Department, prior to the issuance of any permit to build
upon the property. .
OPEN SPACE AGREEMENT
This is an Easement Agreement made this day of
1980, between Olympic Hills Corporation, a Minnesota corporation
("Olympic Hills"), and the City of Eden Prairie, a Minnesota municipal
corporation (*City").
RECITALS
1. Olympic Hills is the owner in fee simple of the real pro-
perty legally described in Exhibit A, which is attached hereto and
incorporated herein by this reference (the "Open Space Area").
2. Olympic Hills and City wish to enter into an Easement
Agreement which will grant to City an easement for open space
purposes within the Open Space Area.
AGREEMENTS
The parties agree as follows:
1. Olympic Hills hereby grants, bargains, sells and conveys
to City and its successors and assigns, an easement in, under, on
and over the Open Space Area (the "Open Space Easement"), and City
hereby accepts the Open Space Easement.
2. The Open Space Easement is granted and accepted subject
to the following terms and conditions:
A. Except to the extent compatible with the reasonable
use of the Open Space Area as a golf course and
country club by Olympic Hills, the Open Space Area
shall be preserved predominately in its natural
condition. No trees, shrubs, or other vegetation
shall be planted upon or removed from the Open
Space Area except such as is reasonably necessary
in the course of the operation of the Open Space
Area as a golf course and country club or as may
be required for sanitation or disease control.
B. No building or other man-made structure shall be
placed on the Open Space Area except such as may
be reasonably necessary for the use and operation
thereof as a golf course and country club.
n.2 1
C. This easement does not grant to City or to
anyone claiming through City the right to
enter upon the Open Space Area.
D. Olympic Hills and its successors assume the
obligation of maintaining the Open Space Area.
E. No trash, waste, and other offensive material or
landfill shall be placed upon or within the Open
Space Area, except such landfill as may be
reasonably necessary for the use and operation
thereof as a golf course and country club.
F. The duration of the Open Space Easement is perpetual.
G. The Open Space Easement may be modified or termin-
ated only by a written amendment to this Open Space
Agreement, executed on behalf of Olympic Hills
Corporation and the City of Eden Prairie.
H. As used herein, the terms "golf course" and "country
club" do not include permanent or temporary resi-
dential use or transient hotel use.
3. This agreement shall bind and inure to the benefit of t
h
e
parties, their successors and assigns.
OLYMPIC HILLS CORPORATION
By
Its
By
Its
CITY OF EDEN PRAIRIE
By
Wolfgang H. Penzel, Mayor
By
STATE OF MINNESOTA)
) as.
COUNTY OP HENNEPIN)
Roger K. gllitad, Manager
The foregoing instrument was acknowledged before me this day
of , 1980, by , the and
, the of Olympic Hills
Corporation, a Minnesota corporation, on behalf of the corp
o
r
a
t
i
o
n
.
Notary Public
17W
STATE OF MINNESOTA ) CS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of , 1980, by Wolfgang H. Penzel, the
Mayor, and Roger K. Ulstad, the Manager, of the City of Eden Prairie,
a Minnesota Municipal Corporation, on behalf of the corporation.
Notary Public
CONSENT AND RELEASE
The undersigned, a corporation under the laws of the State of
Minnesota, owner of the mortgage hereinafter described, for a valuable
consideration, does hereby consent to the grant of the above-described
easement and does forever discharge and release the above-described
easement from all claims and liens of and under that certain mortgage
dated , 19 , executed by
as mortgagors, to
, as mortgagee, filed in the office of
the (County Recorder/Registrar of Titles) in
and for the County of - , State of .
on the day of , 19 , and recorded in
Book of , Page , as Document
No. , covering the above and other land.
IN TESTIMONY WHEREOF, the said corporation has caused these
presents to be executed in its corporate name by its President and
its and its corporate seal to be hereunto
affixed this day of , 1980.
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of , 1980, by
and by ' of
the corporation named herein, a
behalf of the corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Gustafson & Adams, P.A.
7400 Metro Boulevard
Edina, MN 55435
n31 '
corporation, on
CONSENT AND RELEASE
The undersigned, a general partnership under the laws of the
State of Minnesota, owner of the mortgage hereinafter described,
for a valuable consideration, does hereby consent to the grant of
that certain Open Space Agreement, dated the day of
1980, to which this Consent and Release is attached, and the ease-
ments contained therein, and does. forever discharge and release
the above-described easement from all claims and liens of and
under that certain mortgage dated March 30, 1980, executed by Olympic
Hills Corporation, as mortgagor, to Olympic Hills Investments, as
mortgagee, filed in the office of the Registrar of Titles in and
for the County of Hennepin, State of Minnesota, on the 25th day of
April, 1980, and recorded as Document No. 1379113, covering the
land described in said Open Space Agreement.
IN TESTIMONY WHEREOF, the said partnership has caused these
presents to be executed in its name by a general partner this
day of , 1980.
OLYMPIC HILLS INVESTMENTS
By
Donald J. McGlynn, Partner
STATE OF MINNESOTA)
) Sc .
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
day of , 1980, by Donald J. McGlynn, a general partner
of Olympic Hills Investments, the partnership named herein, a
Minnesota general partnership, on behalf of the partnership.,
Notary Puhlli
THIS INSTRUMENT DRAFTED BY:
Gustafson & Adams, P.A.
7400 Metro Boulevard
Edina, MN 55435
03.2
Property Covered by Open Space Agreement.
That property described on Exhibit "A" - Page 2;
and that property described on Exhibit "A" - Page 3;
EXCEPT that property described on Exhibit A" - Page 4
' EXHIBIT "A" - Page I
rn3
That pert of Government Lot 10, and accretions thereto, Seccion'24, and that part of Government Let 1, nod accretions thereto, and that part of the Sonthenat quarter of the Northwest Quarter, Section 25, all in Township 116, Range 22, described cc: Beginning et the Northeast corner of said Lot 10, thence South to the Northeast corner of said Lac I, thence South along the North and South quarter line of said Section 25, a distance of 1235.58 feet thence West parallel with the North line of said Lot 1 a distance. of 33 feet to a Judicial Landwark; thence continue West along the last described course 244.2 feet; thence North parallel .with said quarter line 250.58 feet; thence West parallel with the North line of said Lot 1 a distence of 166.1 feet; thence South parallel with said quarter. line 260.58 feet to a Judicial Landmark; .thence continue South along said Inst described course 470 feet to a Judicial Landmark; thence Cent parallel with the North line of said Lot 1 a distance of 230.4 feet, more or less, to on intersection with a line drawn parnFlel with and 233 feet Hest of said Quarter line, which intersection is marked by a Judicial. Landmark; thence South, pnrnllel with said quarter line to a point 535.87 feet North of the South line of the Southeast Quarter of the . Northve:.t Quarter of said Section 25, which point is marked by a Judicial Landmark; thence East parallel with South line of said quarter qunrter, a distance of 200 feet to a Judicial Landmark; thence continue East along the last described course 33 feet to said quarter line; thence South along said coaster line 410.87 feet to a point 125 feet North of the Southeast corner of said quarter quarter; thence Vest parallel with the South line thereof a distance of 33 feet to a Judicial Landmark; thence continue West along the last described course 400 feet to a Judicial Landmark; thence South parallel to said quarter line 125 feet to the South line of said quarter quarter, which point is marked by a Judicial Landmark; thence West along aaid line to the Southwest corner of said .quarter quarter, which is marked by a Judicial Landmark; thence North along the West line thereof, and along the West line of ssid •Lot 1 and en extension thereof to the point of intersection of said Line with an extension of the North line of said Section 25, which point of intersection is marked by a Judicial Landmark; thence Northwesterly to the geogrnphical center of .NoilL's :Ake Jo shovn on the plats on file in Torrens Case Nos. 3044 and 13526, and stopping at n point in the West line extended of said Sectlon 24 distnnee 42.7 feet South of the Intersection of the extension of the Went of Section 24 with an matey:Inn of L., ':art, 'ing of said Lot 10; thence North along the said West line extended 42.7 feet; thence East along the North line of said Lot 10 a distance .f 1320.80 feet to a Judicial Landmark; thence continue East along the last described course 1281.25 feet to a Judicial Landmark; thence continue East 45.58 feet to the place of beginning, according to the Government Survey thereof, except that part thereof embraced within the plat of Olympic Hills First Addition, Olympic Hills Second Addition, Olympic Hills Third Addition, Olympic ntlla Fourth Addition and Olympic Hills Highland. Subject to a plat of Franlo Road of record in Rook 69 of Hennepin County Record', page 3801550;
Government Lot 1 and the accretions thereto, Section 24, Township 116, Range 22, and Government Lot 2 and the. accretions . thereto and that part of the Southwest Quarter of the Northwest Quarter, Section 25, Township 116, Rase 22, all described as heainning at the intersection of the North line of said Section 25 with the Northerly extension of the Gast line of said Government Lot 2, which point is marked by n Judicial Landmark set pursuant to Tea-rens Case Number 13526; thence South to n point on the Nast line of said Southwest Quarter of the Northwest Quarter distant 246.55 fect North from the Southeast corner of said Southwest Quarter of the Northwest Quarter, said. Southeast corner is marked by a Judicial Landmark set pursuant to Torrens Case Number 13526; thence Westerly deflecting to the right 00 degrees 07 minutes 23 seconds, a distanCe of 662.3 feet, yore or less, to the center lire of County Road Number 1, as said center line is shown on the plat of "Eden Prairie Acres", thence Northwesterly and Westerly along said center line to the West line of said Section 25; thence North nlong,said',West line to the Northwest corner of said Section 25; thence North along the West line of said Section 24 to a point on the.laSt.mentioned West line distant 42.7 feet South from its intersection with the Westerly extension of the North line of Governmentjat 10 in said Section 24 (a part of said West line is marked by Judicial Landmarks set pursuant to Torrens Case Number 14341); thence ,Southeasterly to the point of beginning, according to the Government Survey thereof except that part of the Southwest Quarter Ofhe::Northwest.Quarter embraced within the plat of Olympic Mills Fourth Addition and except that part theroof embraced within the platO:(01Ympic U.ls Fifth-Addition. EX HI BIT "A - Page 3
EXIIIBIT "A" - Page 4
That part of the following described property:
That part of Government Lots 1 and 10, and accretions thereto, Section 24,
Township 116, Range 22, and Government Lots 1 and 2, and accretions thereto,
Section 25, Township 116, Range 22, lying westerly of Olympic Hills First '
Addition, according to the recorded plat thereof, and southerly of Line A '
hereinafter described, and northerly of Line B hereinafter described:
Line A
Beginning at the southwest corner of Outlot A, Olympic Hills First Addition;
thence northwesterly 1280 feet along a line deflecting to the left 42 degrees
from the west line of said Outlot A; thence westerly to a point in the •
northerly extension of the, west line of Government Lot 1, Section 24, distant
360 feet north of the southwest corner thereof and there terminating....: •
Line B
• • .....-
Beginning at the southwest corner of OUtlot B, Olympic Hills . First Addition;. .
thence westerly 470 feet along a line deflecting 100 degree% to the left.from
the westerly line of said Outlet B; thence northwesterly to the northwest
corner of Governirmnt Lot 2, Section 25, and there terMinating. —
Which is. described as follows: '
-' •
• Commencing at the southwest Corner of said Section 24,. thence North 01
grees 52 minutes 59. seconds East, assumed .basis;:•fat-bearing$:,',767atfee-4,-
'.along the westline:of said Section 24 to the pofneof-beginningTof4heEia31;g7.
' herein described property; thence North 01 degrees 52minutei.59 :sekonds,
East..along said .west line, 127.24 feet; thence North 00 degrees 09 .minutee:-.
18 seconds West„.along said west' line 65.62 feet to the above. described Lin
A; thence Borth 85 degrees 13 minutes 29 seconds East,. along said Line
190.75 feet; thence South 03 degrees 09 minutes 39 seconds West. 220.29 feeti,,:.
- thence South 86 degrees 50 minutes 21 seconds East, 43.00 'feet; thence North
- 03 degrees 09 minutes 39 seconds East, 223.25 feet to said Line A; thence
North 89 degrees 13 minutes 29 seconds East, along said Line k 183.19 feet;4 1.
thence South 64 degrees 26 minutes 06 seconds Fast, 1599.67 feet; thence
.South.10 degrees 39 minutes 39 seconds West, 267.31 feet; thence North 80
-degrees 03 minutes 44 seconds West, 225.94 feet; thence South 34 degrees 32:
minutes 09 seconds West, 147.05 feet to the above described Line B; thence
North 66 degrees 10 minutes 18 seconds West, along said Line B, 1424.32 feet;
thence North 25 degrees 02 minutes 44.seconds East, 68.88 feet; thence North
07 degrees 37 minutes 05 seconds West, 125.90 feet; thence North 71 degirees:
14 minutes 45 seconds West, 230.50 feet, to the point of beginning.
PRESERVATION AGREEMENT
This is an Easement Agreement made this day of
1980, between Olympic Hills Corporation, a Minnesota corporation
("Olympic Hills"), and the City of Eden Prairie, a Minnesota municipal
corporation ("City").
RECITALS
1. Olympic Hills is the owner in fee simple of the real property
legally described in Exhibit A, which is attached hereto and incor-
porated herein by this reference (the "Preservation Area").
2. Olympic Hills and City wish to enter into an Easement Agree-
ment which will grant to City an easement for preservation of the
terrain and vegetation of the Preservation Area.
AGREEMENTS
The parties agree as follows:
1. Olympic Hills hereby grants, bargains, sells, and conveys
to City and its successors and assigns an easement in, under, on and
over the Preservation Area (the "Preservation Easement"), and City
hereby accepts the Preservation Easement.
2. The Preservation Easement is granted and accepted subject
to the following terms and conditions:
A. The Preservation Area shall be preserved predominantly
in its natural condition, except as otherwise provided
in this agreement. No trees, shrubs, or other vegeta-
tion shall be planted upon the Preservation Area, and
no trees, shrubs, or other vegetation shall be removed
from the Preservation Area except such as may be
required for sanitation or disease control without
the prior written consent of City.
B. No building or other man-made structure shall be
placed in the Preservation Area without the prior
written consent of City.
C. This Easement does not grant to city or to anyone
claiming through City the right to enter upon the
Preservation Area.
D. Olympic Hills assumes the obligation of
maintaining the Preservation Area.
E. No trash, waste and other offensive material,
or landfill shall be placed upon or within the
Preservation Area without the prior written
consent of City.
F. No change is the general topograp(ly of the
Preservation Area landscape shall be made without
the prior written consent of City.
G. The duration of the Preservation Easement is
perpetual.
3. This agreement shall bind and inure to the benefit of the
parties, their successors and assigns.
4. Nothing contained herein shall impair the right to. continue
and maintain certain sewer lines and a manhole presently existing
in or on the Preservation Area.
OLYMPIC HILLS CORPORATION
By
Its
By
Its
CITY OF EDEN PRAIRIE
By
Wolfgang H. Penzel, Mayor
•By
Roger N. Ulstad, Manager
STATE OF MINNESOTA)
) as.
COUNTY OF EENNEPIN)
The foregoing instrument was acknowledged before me this
day of • 1980, by , the
and , the , of Olympic Hills
Corporation, a Minnesota 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 Wolfgang H. Penzel, the Mayor, and
Roger K. Ulstad, the Manager, of the City of Eden Prairie, a Minnesota
municipal corporation, on behalf of the corporation.
Notary Public
CONSENT AND RELEASE
The undersigned, a corporation under the laws of the State of
Minnesota, owner of the mortgage hereinafter described, for a
valuable consideration, does hereby consent to the grant of the
above-described easement and does forever discharge and release
the above-described easement from all claims and liens of and under
that certain mortgage dated • 19 , executed
by , as
mortgagors, to
as mortgagee, filed in the office of the (County
. Recorder/Registrar of Titles) in and for the County of
. State of , on the . day of
19 , and recorded in Book of , Page
as Document No. , covering The above and other land.
IN TESTIMONY WHEREOF, the said corporation has caused these
presents to be executed in its corporate name by its President and
its and its corporate seal to be hereunto affixed
this day of , 19 .
By
I ts
STATE OF
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 1980, by and by
of , the
corporation named herein, a corporation,
on behalf of the corporation.
Notary Public
THIS INSTRUMENT PREPARED BY:
Gustafson b; Adams, P. A.
7400 metro Boulevard
Edina, Minnesota 55435
Outlot A, Olympic Hills Second Addition, according to
the plat thereof on file or of record in the office of
the Registrar of Titles in and for Hennepin County,
Minnesota.
ESCROW AGREEMENT
THIS AGREEMENT, made this day of
• 1980, by and
between OLYMPIC HILLS CORPORATION, a Minnesota corporation (herein-
after called "Olympic"), and THE PRESERVE, a co-partnership, consist-
ing of Carter Gertz, Incorporated, a Minnesota corporation, and The
Minnesota Gas Company, a Delaware corporation (Olympic and The Preserve
are hereinafter collectively referred to as "Developer") and the City
of Eden Prairie, a Minnesota municipal corporation (hereinafter referred
to as "city").
WITNESSETH:
WHEREAS, Developer is developing certain property located within
the boundaries of City to be known as Olympic Hills Sixth Addition,
and
WHEREAS, Olympic has entered into an Open Space Agreement with
City which will affect part of the property comprising the proposed
plat of Olympic Hills Sixth Addition, and
WHEREAS, City and the Developer have entered into a Developer's
Agreement in conjunction with the development of Olympic Hills Sixth
Addition, and
WHEREAS, the possibility exists that the legal description for
Olympic's property contained in the proposed plat of Olympic Hills
Sixth Addition may undergo minor changes prior to the filing of the
final plat thereof.
NOW, THEREFORE, in consideration of the sum of One and 50/100
($1.00) Dollars, paid by each of the undersigned to the other, the
receipt of which is acknowledged, it is hereby agreed as follows:
1. That any descriptions of Olympic's property used in said
Open Space Agreement currently existing between Olympic and City
relating to the proposed plat of Olympic Hills Sixth Addition shall
be revised and amended to comply with the legal description used
in the final plat of Olympic Hills Sixth Addition; such Open Space.
Agreement to be in recordable form and will be executed or re-executed
by the parties thereto at the request of either. Developer and
City hereby mutually agree that each shall execute any and all
documentation necessary to effect the intention of this Agreement.
nql
Olympic Hills agrees to obtain the consent of all persons holding
mortgages constituting a lien against the property which is the sub-
ject of the Open Space Agreement, to any such revision or amendment of
the legal description.
2. The Open Space Agreement has been executed by Olympic and
consented to by all mortgagees presently bolding mortgages on the
property currently owned by Olympic and comprising a portion of the
proposed plat of Olympic Hills Sixth Addition. City hereby acknow-
ledges receipt of the executed Open Space Agreement and hereby agrees
to hold it, in trust, and refrain from recording it until the final
plat of Olympic Hills Sixth Addition is filed of record. In the
event the final plat of Olympic Hills Sixth Addition is not filed on
or before October 1, 1983, the Open Space Agreement shall be deemed
to be null and void and of no force and effect and shall be returned
to Olympic. Olympic hereby agrees to supply City with consents,
satisfactory to City, executed by mortgagees on any mortgages creating
a lien on any property which is subject to the Open Space Agreement,
which may be placed of record after the date hereof and prior to the
recording of the Open Space Agreement, and which mortgages continue
to be a lien at the time of the filing of the Open Space Agreement.
It is hereby agreed that either party hereto has the right to file the
Open Space Agreement pursuant to and in compliance with the terms
and conditions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agree-
ment the day and year first above written.
OLYMPIC HILLS CORPORATION
(Olympic)
By
Its
TUE PRESERVE
Carter s Gertz, Incorporated
Partner
By
Its
THE MINNESOTA GAS COMPANY
CITY OF EDEN PRAIRIE, a Municipal
, Corporation of the State of Minnesota
By
Its
By
Its
By
Its
u.
CONSENT
The undersigned hereby acknowledges and consents to the terms
and conditions of that certain Escrow Agreement dated the day
of , 1980, by and between Olympic Hills Corporation,
The Preserve, ad the City of Eden Prairie, to which Escrow Agreement
this Consent is attached.
NATIONAL CITY BANK OF MINNEAPOLIS
By
Its
CONSENT
The undersigned hereby acknowledges and consents to the terms
and conditions of that certain Escrow Agreement, dated the
day of , 1980, by and between Olympic Hills Corporation,
The Preserve, and the City of Eden Prairie, to which Escrow Agree-
ment this Consent is attached.
OLYMPIC HILLS INVESTMENTS, a
Minnesota Partnership
By
Donald J. McGlynn, Partner
riqq
MCIIAE1..1. ADAMS
ORE0011Y O. OuSTAPsuN
MARK O. OHNSTAD
STANLEY C. OLs1:71. JR.
THOMAS I. ((AMA
JOHN 14. BuJAN
.30115 E. VI.:1(E13C11
RONALD L. SNELLINO
JAMES D. ATKINSON. III
JOHN 17. POVOLNY
JOSEPH J. CHRISTENSEN
GUSTAFSON & ADA:s1S. P. A.
ATTORNEYS AT LAW
ROTE 411
7400 MEMO nouLevARD
EDINA. MINNESOTA 004.08
nnnn
TELEPHONE 10121 808 -7277
June 26, 1980
OF COUNSEL
HARRY OUSTAFSON
Mr. Roger Pauly
Eden Prairie City Attorney
4108 IDS Center
80 S. 8th Street
Minneapolis, MN 55402
Re: Outlot A, Olympic Hills Second Addition
Dear Mr. Pauly:
We have examined the title to the property described herein
by use of a Condition of Title certified to as of June 11, 1980, .
at 7:00 a.m. I find that the property which is located in Hennepin
County, Minnesota, is legally described as follows:
Outlot A, Olympic Hills Second Addition
The Condition of Title covers Certificate of Title No. 549105,
dated July 5, 1977, where it is shown that the property was originally
registered on September 28, 1973.
From said examination, I find that on the date set out herein,
the fee title to said premises stood of record in Olympic Hills
Corporation, a Minnesota corporation.
Such title, however, is subject to the following mortgages:
1. Mortgage in favor of National City Bank of Minne-
apolis, dated October. 1, 1976, filed Octcber 1,
1976, in the office of the Hennepin County Registrar
of Titles as Document No. 1192823, to secure
$1,150,000.00.
This title opinion is rendered for the sole purpose of dis-
closing and certifying as to all mortgages which are currently a
lien against the subject property. No opinion is hereby expressed
as to drainage and utility easements or other interests to which
the subject property may be subject.
(N S
Mr. Roger Pauly
June 26, 1980
Page 2
If there are any questions, please do not hesitate to contact
me.
Very truly yours,
GUSTAFSON & ADAMS, P.A.
Joseph J. Christensen
JJC:cw Attorney at Law
l'Afip
MICHAEL J. ADAMS
'GNI:GOUT D. GUSTAFSON
MANIC O. OHNSTAO •
STANLEY C. OLIN.JR.
• THOMAS I. KARA
../01IN M. INIJAN
JOHN E. VUEELICII
RONALD L. SNELLINO
JAMES D. ATKINSON. III
JOHN D. POYOLNY
OOSSPH J. CHRISTENSEN
GUSTAFSON & ADANIS. P. A.
ATTORNEYS AT LAW
SUITE 411
7400 METRO BOULEVARD
NINNA. MINNESOTA 55405
TELNPHONE 10121 035.7277
June 26, 1980
OP COUNOP.I.
HARRY OUSTAFSON
Mr. Roger Pauly
Eden Prairie City Attorney
4108 IDS Center
80 S. 8th Street
Minneapolis, MN 55402
Re: Plat of Olympic Hills Sixth Addition
Dear Mr. Pauly:
We have examined the title to the property described herein
by use of a Condition of Title certified to as of June 9, 1980,
at 7:00 a.m. I find that the property which is located in Hennepin
County, Minnesota, is legally described as follows:
See Exhibit "A" attached hereto and made
a part hereof.
The Condition of Title covers Certificate of Title No. 584819,
dated April 2, 1979, where it is shown that the property was
originally registered on September 28, 1973.
From said examination, I find that on the date set out herein,
the fee title to said premises stood of record in Olympic Hills
Corporation, a Minnesota corporation.
Such title, however, is subject to the following mortgages:
1. Mortgage in favor of National City Bank of Minne-
apolis, dated October 1, 1976, filed October 1,
1976, in the office of the Hennepin County Registrar
of Titles as Document No. 1192823, to secure '
$1,150,000.00.
2. Mortgage in favor of Olympic Hills Investments,
dated March 30, 1980, and filed April 25, 1980,
in the office of the Hennepin County Registrar of
Titles as Document No. 1379113, to secure
$372,148.57.
Mr. Roger Pauly
June 26, 1980
Page 2
This title opinion is rendered for the sole purpose of dis-
closing and certifying as to all mortgages which are currently a
lien against the subject property. No opinion is hereby expressed
as to drainage and utility easements or other interests to which
the subject property may be subject.
If there are any questions, please do not hesitate to contact
me.
Very truly yours,
GUSTAFSON & ADAMS, P.A.
Joseph J. Christensen
JJC:cw Attorney at Law
That part of Gnvornment Lot 10, and accretions thereto, Section 24, and that part of Government Lot 1, and accretions thereto, And that part of the Southenct quarter of the Northwest Quarter, Section 25, all in Townehip 116, Range 22, described to: heglanlog at the Northeast corner of paid Lot 10, thence South to the Northeast corner of said Lot 1, thence South along the North and South quarter line of said Section 25, a distance of 1235.58 feet thence West parallel with the North line of said Lot 1 A distance of 33 feet to a Judicial Landmark; thence continue West along the last described course 244.2 feet; thence North parallel with acid quarter line 280.58 feet; thence West parallel with the North line of said Lot 1 a distance of 186.3 feet; thence South parallel with said quarter lint 260.58 feet to a Judicial Landmark; thence continue South along said lest described course 420 feet .g.; CO t Judicial Landmark; thence East parallel with the North line of said Lot 1 a distance of 230.4 feet, more or lesn, to an intersection with a line dra‘m paraflel with and 233 feet West of said Quarter line, which intersection is marked by a Judicial -- Landmark; thence South, parallel with said quarter line to a point 535.82 feet North of the South line of the Southeast Quarter of the Northwest Quarter of said Section 25, which point is marked by a Judicial Landmark; thence East parallel with South line of said quarter quarter, a distance cf 200 feet to a Judicial Landmark; thence continue East along the last described course 33 feet to said quarter line; thence South along said quarter line 410.82 feet to a point 125 feet North of the Southeast corner of said quarter quarter; thence West parallel with the South line thereof a distance of 33 feet to a Judicial Landmark; thence continue Wass along the last described course 400 feet to a Judicial Landmark; thence south parallel to caid quarter line 125 feet to the South line of soil quarter quarter, which point is marked by a Judicial Landmark; thence West along caid line to the Southwest corner of said .quarter quarter, which is marked by a Judicial Landmark; thence North along the West line thereof, and along the West line of said . Lot 1 and an extension thereof to the point of intersection of said Line with an extension of the Worth line of said Section 25, which point of intersection is marked by a Judicial Landmark; thence Northwesterly to the geographical center of .Neill 's Lake as shown on the plats on file in Tartans Case Nos. 3044 and 13526, and stopping at a point in the West line extended of 51114 Sarricn 24 dtstonrc 62.7 feet South of the Intersection of the extension of the Ne,t ion of Section 24 with an rsten:thn of , , "..ne.ef said Lot ;0; thence North along the said West line extended 42.7 feet; thence East along the Worth lins of said Lot 10 a distance of 1320.80 feet to a Judicial Landmark; thence continue East along the last described course 1281.25 feet to a Judicial Landmark; thence continue East 45.56 feet to the place of beginning, according to the Government Survey thereof, except that part thereof embraced within the plat of Olympic Hills First Addition, Olympic Hills Second Addition, Olympic Hills Third Addition, Olympic Rills Fourth Addition and Olympic Wills Highland. Subject to a plat of 7ranlo Road of record in Book 69 of Reancpin County Records, page 3801550; 1-n = 1.4 • % as
MICMAC). J. ADAMS
41c n LiOHY D. OUSTAENON
M.AAK VIINSTAD
STANLEY C. OLSEN. JR.
THLPIAS I. TIARA
.J0117:
11.121.1.1AN
i10115 E. YUKELluti
• RONALD I.. SNELL'S°
• )7111E5 O. ATEINSoN, UI
JOHN D. pOVOLNy
JOSEPH J. CillilsTENSEN
GUSTAFSON & ADAMS. P. A.
ATTORNEYS AT LAW
SUM: 411
MOO METRO HOCLEYARD
EDINA. MINNESOTA 85403
'TE(.EPHONE (812) )138.7277
June 26, 1980
OM COUNSEL
HARRY OUSTAI••sON
Mr. Roger Pauly
Eden Prairie City Attorney
4108 IDS Center
110 S. 8th Street
Minneapolis, MN 55402
Re: Plat of Olympic Hills Sixth Addition
Dear Mr. Pauly:
We have examined the title to the property described herein
by use of a Condition of Title certified to as of June 9, 1980,
at 7:00 a.m. I find that the property which is located in Hennepin
County, Minnesota, is legally described as follows:
See Exhibit "A" attached hereto and made
a part hereof.
The Condition of Title covers Certificate of Title No. 588154,
dated June 20, 1979, where it is shown that the property was
originally registered on July 30, 1979.
From said examination, I find that on the date set out herein,
the fee title to said premises stood of record in Olympic Hills
Corporation, a Minnesota corporation.
Such title, however, is subject to the following mortgages:
1. Mortgage in favor of National City Bank of Minne-
apolis, dated October 1, 1976, filed October 1,
1976, in the office of the Hennepin County Registrar
of Titles as Document No. 1192823, to secure
$1,150,000.00.
This title opinion is rendered for the sole purpose of dis-
closing and certifying as to all mortgages which are currently a
lien against the subject property. No opinion is hereby expressed
as to drainage and utility easements or other interests to which
the subject property may be subject. .
1150
Mr. Roger Pauly
June 26, 1980
Page 2
If there are any questions, please do not hesitate to contact
me.
Very truly yours,
GUSTAFSON & ADAMS, P.A.
Joseph J. Christensen
JJC:cw Attorney at Law
Government Lot 1 and the accretions thereto, Section 24, Township 116, Range 22, and Government Lot 2 and'the.accretions . thereto and that part of the Southwest Quarter of the Northwest Qmartcr, Section 25, Township 116, Rsno 22, all described as.beginnikg at the intersection of the North line of said Section 25 with the Northerly extension of the East line of znid Government Lot 2, which Point is aerIcce by a Judicial. Lancbaark set pursuant to Torre= Case/fur:0er 13526;* thence South to a taint on the Nast line of said Southwest Quarter of the Northwest Quarter distant 246.55 feet North from the Southeast corner of said Southwest Quarter of the Northwest Quarter, said Southeast corner is marked by a audicial:/andmark.set pursuant to Torrens Case Number 13526; thence Westerly deflecting to the right 1k0 degrees 07 minutes 23 seconds, a distance of 662.3 feet, sore or less, to.the center line of County Road Ncmber 1, as said -center line is shown on the plat of Eden Train: Scree, thence Northwesterly end Westerly along said center line to the .West line of said Section 25; thence North alonesaidVest line to the Northwest corner of said Section 25; thence North along the West line of said Section 24 to a point on the lastmentioned West line distant 42.7 feet South from its intersection with the Westerly extension of the Worth line of.Gevernmentjat 10 in said Section 24 (a part of said West line is marked by judicial Landmarks set pursuant to Torrcns Case Number 14341); thenee--,Southeasterly to the point of beginning, according to the Government Survey thereof except that part or the Southwest Quarter Of -thdriforthwest.Quarter embraced within the plat of Olympic Hills Fourth Addition and except that part thereof od4raced within the p;at,OFAOImpic Wills rIf1hitd4ition. EXHIBI T "A "
REVERTER LANGUAGE FOR
INCLUSION IN THE PRESERVE/
OLYMPIC HILLS CORPORATION WARRANTY DEED
In the event the second party, its successors or assigns, of the
property conveyed herein shall permanently abandon and terminate
the use and maintenance of said property ("Property") as part of
a golf course or country club facility, then, in such event, fee
title shall thereupon revert and pass to the owners of those lots
located in Olympic Hills Sixth Addition, their heirs, successors
and assigns, legally described as Lots
, Block
.(collectively called "Lots"), and the then record owners of said
Lots (Collectively called "Owners" and individually called "Owner"),
shall thereupon have, by a majority vote thereof, the right, but
not the obligation, to form an association, corporation or partner-
ship for the purpose of holding title to, and maintaining, the
Property, with each Lot Owner being entitled to one vote in the
formation, administration and liquidation of the entity owning
such Property, and each Lot Owner being entitled to the right to
enjoy and use the Property on a pro-rata basis among all Owners
in a manner consistent with its previous use as open space.
CITY OF EDEN PRAIRIE
10,INEPIN COUNIT, 1n 1INNESO1'A
ORDINANCE NO. 080 -16
AN OFDINANCE REQUIRING PERMITS FOR THE DISCHARGE OF FIREAMIS
AN'D AMENDING 011)INANCT, NUMBERS 337 AN1) 347.
THE crrY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FU1CWS:
Section. 1. Section 4, Subdivision A, of Ordinance No. 337, as amended by
Ordinance 347, is hereby deleted and the following substituted therefor:
Areas Where Permitted. A permit may be granted to discharge
firearms only as follods: (1) In that part of the City of
Eden Prairie lying Southeasterly of the Chicago and Northwestern
Railroad tracks and Westerly of County Road 4, and that part
of the City of Eden Prairie lying Southerly of aunty Road 1,
Easterly of County Road 4, and Westerly of County Road 18; or
(2) in other areas of the City of Eden Prairie, at the discretion
of the Edon Prairie Public Safety Deparbnent, to a person having
an ownership interest in real property, to discharge firearms on
his property. A permit issued under this clause may be used by
said person and guests, subject however, to the condition that
guests must hold valid permits and must at all times be accompanied
by and in the presence of the property owner.
First read at a regular meeting of the City Council of Eden Prairie
this day of
, 1980, and finally read and adopted and ordered
published at a regular meeting of said City Council on the day of
, 3980.
Wolfgang Panzel, Mayor
ATPRST:
John D. FYOUIC, City Clerk
, 1980. Published in the Eden Prairie News on the day of
4
MPBELL APPRAISAL CO., INC,
• REAL ESTATE APPRAISAL
& CONSULTING SERVICE
ESTIMATE OF VALUE OF REMAINING PARCEL
AFTER PERMANENT R/W TAKING
Original Parcel 1.16 Acres
R/W .26
.90 Acres
Breakdown of .90 Acres:
toto
01040p
Permanent Slope Easement .33 Acres
Remaining Land .57
.90 Acres
Thus: .33 Acres (14,374.8 Sq. Ft.) @ 61.00/Sq. Ft. = $14,374.8
.57 Acres (24,829.2 Sq. Ft.) @ 62.00/Sq. Ft. = 49,658.4
Total 664,033.20
Say 664,000.00
Estimate of Value of Remainder Land of .90 Acres: t
SIXTY FOUR THOUSAND DOLLARS 664,000
-4-
11 5-(0
MEMORANDUM
TO:
Mayor and City Council
FROM:
City Manager Roger K. Ulstad
SUBJECT:
Petition for Mediation
DATE:
June 27, 1980
Of the 21 communities in the Collective Bargaining Unit, 10 communities
are scheduled for mediation and 3 additional communities are still not
settled. It appears to me that the Local 49 group is desirous of
mediation with the purpose that all items must be agreed to.
I have included this information only in the Council members packets
as I did not feel it necessary that the news media receive this
information.
RKU:jp
Six (6)
=IL CY mausom - BMW OF EEDIATIO3 SEEVICESJUIr ella-777975L, MIWITSOTA 55155
PETITION roa MEDIATION (PUBLIC EMPLOY/13)
Date Rocoiyud
Filo &tabor _
Coco Number
This petition uhon properly complotod and dolivorod to the Director or Modiation Sorvicoo in person or by cortifiod mall altar.). bo considered in compliance with the Public Employment
Labor Relations Act of 1971, as amended.
This petition is filed by or co behalf of: (chock appropriate ono)
GovornmentalAgoncy Excluaiyo Employee Organization
1. Mm of Potitionor: INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49
Addroao: 2829 Anthony Lane So., Mpls., MN 554111,44o , (612) 788 -9441
Nome of Representative; John H. Peterson, Area Business Representative
kkima 2829 Anthony Lane So., Mpls., MN 55418?how*: (612) 788-9441
2. Name of Other Party: CITY OF EDEN PRAIRIE
8950 Eden Prairie Road, Eden Prairie,..MN 55343 (612)937-2262 Address: mono.
Nana of Ropr000ntativo: ( Mr. Roger Ulstad, City Manager
X
mm1.000:8950 Eden Prairie Rd., Eden Prairie, 55343
ono: (612) 937-2262
Additional Parties to be Notified of Mootingo:
Numbor of Earployoes: _ Twenty-Six (26) Typo of Governmental Agency: Municipality
Clear and concise otatomont of the nature of the diaputo and demands of the party filing the
potition (attach on &Tarot(' shoot or use royoroo side if =Iv room is noodod.) ADDENDUM ITEMS ( SEE ATTACHED COPIES)
Number of mooting° held so far in attempting to resolve dispute:
Data copy of this notice was served, on other party:
Contract expiration dato: 12-31-80 Budgot submission date: Dated this 10th_ day of INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49
June , 19 80' of Petitioner)
At:
Minneapolis, MN
(City and State)
John H4 I,t6rson (We Roproocaativo)
6)ea Business Representative
rL(. -77
(Ropr000ntativofo Title)
(Roy. 1-75)
(PUBLIC )
International Union of Operating Engineers
LOCAL UNION NO. 49, 49A. 49B. 49C. 49D mid 49E
NaNNESOTA AND NORTH DAKOTA
(A L MUSH. Pres.:Ma
..ON N. PENOZHAAS, Vico Plowlonl
CHARLES E. SWENSON,
ficcording.Corresocrelding Scctufa
FRED P. OLRLSCHLIK, Ilcaumer
ITOITEAT F. PUERINGEA, avimess Amapanuncio! Sec141111y
2829 ANTHONY LAN( SO.—MiNNIAPOLIS, MINN. 55418
Phone: 1512) 7884441
MIllimsd Min
February 13, 1980
CITY OF EDEN PRAIRIE
1. Work uniforms to be furnished by City.
11. Term Insurance equal to employees yearly salary.
Employees asked to work overtime, while already on an assigned shift not
notified in advance, shall be guaranteed two (2) hours of overtime.
IV. ARTICLE XXI - Injury on Duty : Upgrade
Upgrade from thirty (30) days to ninety (90) days coverage.
V. Wages to be paid weekly.
VI. NEW ARTICLE:
New article in contract on severance pay (see personnel manual.)
VII. ARTICLE XXIII - Vacation Schedule : Upgrade as follows
5 Days after 6 Months
10 Days after 1 Year
15 Days after 5 Years
20 Days after 10 Years
25 Days after 16 Years
VIII. ADD to Sick Leave Language:
Insert existing language from Personnel Policy (Section 4.2) into addendum.
IX. VACATION:
Two (2) days advance notice to be given for vacation leave. Vacation
to be taken at employees discretion.
(666
International Union of Operating Engineers
LOCAL UNION NO. 49, 49A, 499, 490, 49D and 49E
MINNESOTA AND NORTH DAKOTA
IEJ. FABISH, President
JON R. PENOZIMAS, Vice President
CHARLES C. !AVENSON.
Recording.CoriesPomnnit Sem WI
MO P. DERESCHUK, treasurer
ROBERT F. PUERINGER, Businest Hanaier•Financial Seer*larY
21122 ANTHONY LANE SO.—MINNEAPOLIS, MINN. 14415
rhp110: 14121 701.42441
MMWIAIMMAR.1.4.M1
February 13, 1980
CITY OF EDEN PRAIRIE
WATER PLANT
I. Establish Classification of Water Plant Operator.
II. Water Plant Operator to receive Heavy Equipment (HEO) pay while operating.
III. Any work performed on a Holiday to be paid at double time and one—half (21).
IV. If so desired by employee of Water Plant, all overtime be applied to vacation
or sick leave or comp-time.
V. Insert Standby in contract (Discuss).
nic
APPENDIX C
LOCAL ADDENDUM
The City shall furnish coveralls to the employees covered
u
n
d
e
r
t
h
i
s
a
g
r
e
e
m
e
n
t
w
h
e
n
it is determined by the City Manager it is necessary to we
a
r
p
r
o
t
e
c
t
i
v
e
c
l
o
t
h
i
n
g
.
The City shall furnish an adequate number to allow changes
.
* The Ci'y shall provide up to 90 days coverage for any em
p
l
o
y
e
e
c
o
v
e
r
e
d
b
y
t
h
i
s
contract if injury occurs while on duty for the City.
Severance pay, vacation schedule and sick leave benefits fo
r
a
l
l
e
m
p
l
o
y
e
e
s
s
h
a
l
l
be treated in accordance with the Personnel Resolution f
o
r
t
h
e
C
i
t
y
o
f
E
d
e
n
P
r
a
i
r
i
e
.
There shall be an established job classification applied
t
o
t
h
e
W
a
t
e
r
P
l
a
n
t
o
p
e
r
a
t
i
o
n
as follows:
Class I Water System Supply Maintenance
Class II Water System Supply Maintenance
Class III Water System Supply Operator
Included in the present contract:
* An employee injured on duty shall collect Workmen's C
o
m
p
e
n
s
a
t
i
o
n
B
e
n
e
f
i
t
s
a
n
d
a check from the City making up the difference to full sala
r
y
u
p
t
o
t
h
i
r
t
y
(
3
0
)
working days. Time off from work due to an injury incur
r
e
d
w
h
i
l
e
o
n
d
u
t
y
i
s
not charged against sick leave or vacation leave. If an
e
m
p
l
o
y
e
e
i
s
d
i
s
a
b
l
e
d
for thirty (30) working days, the case shall be reviewed
b
y
t
h
e
C
i
t
y
C
o
u
n
c
i
l
.
As submitted to Local 49 in settlement of local issues.
/7"‘.
Dated at St. Paul, Minnesota, June 25, 1980
rg
Form MIS -78
(Rey. 1-75)
(PUBLIC)
/354t
, •
For the Director
• STATE OF MINNESCTA - BUREAU OF MEDIATION SERVICES ST. PAUL MINNESOTA 55155
IN THE MATTER OF:
International Union of Operating Engineers Local No. 49,
Minneapolis, Minnesota
-and-
City of Eden Prairie,
Eden Prairie, Minnesota
41*26,080
Case No. 80-PN-1403-A
NOTICE OF MEDIATION METING
You are hereby advised that the Director of the Bureau of Mediation Services,
State of Minnesota, is in receipt of a petition for mediation in a labor dispute
involving the above-named parties.
In compliance with the provisions of the Public Employment Labor Relations
Act of 1971 as amended, you are hereby notified that I, as Director of the Bureau
of Mediation Services, State of Minnesota, fix the following time and place at
which a conference will be held for the purpose of effecting a settlement of the
dispute:
DAY: Monday
DATE: July 14, 1980
TIME: J..30 p.m.
PLACE: Normandy Inn, 405 S 8th St.. Mols. MN
It shall be the duty of all parties and/or their authorized and designated
representatives, to be present at the session so that every effort can be made to
arrive at an amicable settlement of the controversy.
The representatives should be cloaked with the authority to negotiate, be
prepared to identify the unresolved issues and their positions on them, and be
prepared with copies of all relevant material for the mediator.
cc: John H. Peterson
Roger Ulstad
Chairman, City Council
Very truly yours,
DIRECTOR
BUREAU OF MEDIATION SERVICES
STATE OF MINNESC/fA
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Roger K. Ulstad, City Manager
Bob Lambert, Director of Community Services
June 26, 1980
Trail Connection from HAlcrest Court to Edenvale Blvd.
The Parks, Recreation and Natural Reources Commission has been reviewing
possibilities for a trail connection from Edenvale Blvd. to Hillcrest
Court for the last two months. Attached is a memorandum to the Parks,
Recreation and Natural Resources Commission describing the alternatives
for trail connections to Hillcrest Court.
Prior to making a recommendation to the Parks, Recreation and Natural
Resources Commission for their June 17, 1980 meeting, I reviewed the
Edenvale file and discovered a supplemental information report for the
Edenvale PUD application of 70-4 submitted by Don R. Peterson, Executive
Vice President of the Eden Land Corporation. On the second page of this
report Mr. Peterson makes the following commitment "We have thus eliminated
a westerly connection to County Road 4 on our land use plan and have retained
the Duck Lake extension as a possible future alternate. If the Village '
feels that a Hillcrest connection is desirable or needed we will dedicate
the necessary right-of-way to provide this connection."
On May 29, 1980, Mr. Kay Schumacher offered to sell a five foot wide case-
ment that would complete the connection between Edenvale Blvd. and Hillcrest
Court for a sum of $20,000. A copy of his proposal is attached.
At the June 16 meeting of the Parks, Recreation and Natural Resources Commission
Dick Anderson moved to recommend to the City Council that the City require a
30' easement to the creek for a bike trail and pedestrian creek crossing. The
Commission refers the Council to a letter from Don Peterson of Edenvale promising
to dedicate easements for this purpose if the City deems it necessary. Motion
carried unanimously.
The Parks, Recreation and Natural Resources Commssion feels that this trail
connection is very important to minimize the bicycle and pedestrian travel
distance between the Edenvale area and the new high school. This trail connection
would also help to reduce the bicycle and pedestrian traffic on Valley View Road.
BL:md
1.1111,10111C4111.11
TO: Parks, Recreation and Natural Resources Commission
FROM: Bob Lambert, Director of Community Services
DATE: June 10, 1960 .
SUBJECT: Trail Connection to Hillcrest Court
At thethe May 5, 1960 Parks, Recreation and Natural Resources Commission meeting,
Dick Anderson moved to request that staff check on the feasibility of mining
a bicycle/pedestrian path connecting Creekside Court with Hillcrest Court.
Motion passed unanimously.
At the May 19 meeting of the Parks, Recreation and Natural Resources Commission,
staff provided a map showing the existing plats and a possible trail connection
from Hillcrest Court to Edenvale Blvd. using existing City property. At this
meeting, Dick Anderson requested that staff contact Edenvale to see if a trailway
extension could be obtained from Hillcrest Court straight through to Edgcwood
Court.
Subsequently, staff contacted Kay Schumacher, of Edenvalc, to request him to
consider the feasibility of selling the City a trail easement connecting Hillcrest
Court to Edenvale Blvd. via Edgewood Court or along back lot lines.
On May 29, 1960, Kay Schumacher provided me with a map showing a possible five
foot trail easement corridor along the back lot limes of Lot 9 and 10 of the
lots facing Edgewood Court cul-de-sac and showing acquisition of Outlot B of
Edenvale 3rd Addition.
Mr. Schumacher attached a note stating " Edenvale, Inc. hereby offers to sell this
to the Recreation Department of the City of Eden Prairie. The property shaded in
green for park department use only for the sum of $20,000. The property is
approximately 16,420 sq. ft. This offer expires at 4:30 p.m. June 2, 1960."
The City would require a 10 foot easement, rather than a 5' casement and would
not be real interested in buying Outlet B, other than the trail casement. h o wever,
whatever we purchase its obviously going to be quite expensive.
On June 2, 1960, I walked the proposed trail corridor connecting Edenvale Park to
Hillcrest Court. The majority of the trail would be very easily constructed and
would provide a very nice access for vciwing the wetland area in Edenvale Park.
However, there is approximately 500 feet of the proposed trail that would be
through a marshy area. This portion of the trail would be quite expensive to
construct and very expensive to maintain. It also requires abutting the trail up
to the back lot lines of five properties in Edenvale 5th Addition.
The attached half section map shows the two possible trail connections. The solid
lines shows the trail connection on City property with dash marks through the
marshy area. The dotted line shows the proposed trail connection proposed by
Edenvale.
BL:md
l'1;5Y
Minutes - Parks, Recreation & unapproved
Juno 16, 1980
Natural Resources Commission -10-
D. DNR Reaction to Mr. Duvick's Request
Lambert reported on the DNR's response to fish stocking on Red Rock
Lake per gr. Duvick's request. The DNR will not do any studies until
the public has the some access to the lake that the homeowners do.
Lambert feels the City should have public access to this lake on a
master plan for some point in the future.
E. Trail Connection from Hillcrest Court to Edrewood Court
Lauhert reviewed Staff memo of June 10, 1930 and added that in looking
back over City correspondence ho found a letter from Don Peterson
(formerly with Edenvale) saying that he would grant right-of-way
for a trail through their property if the City sees it is necessary
to connect a trail at some point in the future.
R. Anderson fools Mr. Schumacher's offer of $20,000 is high, but the
connection is needed.
R. Anderson gave the Chair to Dave Anderson.
MOTION: R. Anderson moved to recommend to the Council that the City
require a 10 foot easement to the Creek for a bike trail and pedestrian
Creek crossing. The Commission refers the Council-to a letter from
Don Peterson of Edcnvale promising to dedicate easements for this pur-
pose if the City deems necessary. Breitenstein seconded the motion
and it carried unanimously.
The Chair is returned to R- Anderson.
VII. MN BUSINESS
A. Round Lake Park Picnic ShelterParminr House Program
Lambert said the City has park bond referendum to use for this project,
and would like to go to the architect with a location and program
for the building. Any recommendation this Commission makes will be
forwarded to the Council.
D. Anderson asked if the facility with have space for athletic storage.
Lambert said if the building is of the same type of architecture tho
existing shelter is, which is strongly feels it should be, the entire
upstairs level could be equipment storage.
D. Anderson feels perhaps tho storage space oould be divided for
use by both the EPA and Hockey Association.
1-:0TTON .: Breitenstein moved to recommend the Council aPProvo the
Round bake Picnic nolterAlarming House Prorma per Staff receiamen-
dnt ion • Pond seconded tho mot ion and it carried unanimoun 1 y.
I'159
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(278.00 Per plot of EDEN VALE 31?D ADD.)
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MEMORANDUM
TO: Mayor and City Council "
THRU: Roger K. Ulstad, City Manager
FROM: Bob Lambert, Director of Community Services
DATE: June 26, 1980
SUBJECT: Community Center Funding
On June 16, 1980, the Parks, Recreation and Natural Resouces Commission
took the following action:
MOTION: Dave Anderson moved to recommend to the City Council that additional
funds needed for the Community Center be taken from the accrued interest
of the bond program (approximately $350,000) and the balance from the
LAWCON reimbursement (general park revenues). Johnson seconded the motion
and it passed 4-1 with Richard Anderson voting unayen.
The Smile)' Clatter Architectural Firm is presently working on the plans
and specifications for this project. We estimate the plans and specifications
will be completed and ready to submit for Council approval and advertisement
for bids in late August of 1980. The City Council has authorized the
architect to provide plans and specifications for an estimated additional
$578,000 over the approved $2,250,000 for construction of the Community
Center. The Council then requested staff to provide information on various .
funding sources that could be used for these additional costs if they are
approved. The may 29 memorandum outlines the various funding sources and
revenue projections for the Community Center.
Staff concurs with the recommendations from the Parks, Recreation and Natural
Resources Commission to commit the accrued interest of the bonds along with
funds the City will be receiving in reimbursemcmts from the Federal Government
for LAWCON Grants from 1972-76.
BL:md
1
MEMORANDUM
'111RU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Roger K. Ulstad, City Manager
Bob Lambert, Director of Community Services
May 29, 1980
Funding and Revenue Projection/Eden Prairie Community Center
At the May 27th special meeting of the City Council, the Community Center
Architect was given approval to proceed with plans and specifications on the
center. The base bid is to include alternate R-1, R-2 and R-3 and six bid
alternates.
The base bid estimate is now $2,475,783, plus the following approved additions:
1. R-1 - Exterior concrete deck and wading pool
2. R-2 - Racquetball/handball/community rooms
3. R-3 - Figure Skating Room
$35,000
300,000
18,000
$353,000
The total bid estimate then amounts to:
The Council also approved the following deduct alternates:
1. Unfinished 2nd floor space
2. Arena bleachers - omit 1,000 scats
3. Pool blea hers - omit 235 scats
4. Locker and benches in pool area reduced from 100 to 50
S. Omit ice rink equipment and piping
Total deduct alternates
$2,828,783
$9,500
81,600
14,000
7,500
200,000
3312,600
The Park Bond Referendum approved $2,250,000 for construction of a community
center; therefore, the City must generate an additional $578,783 to construct
the facility to include all of the facilities requested in the original building
program.
The Council requested staff to provide the Council with information on possible
funding sources for the additional $578,783, plus some revenue projections for
the figure skating room addition and the racquetball courts and meeting rooms.
-2-
FUNDING SOURCES
There are several possible funding sources that could be used for construction
of this facility:
1. Cash Park Fees: The City collects cash park fees from residential
commercial, office and industrial. The residential fees arc
generally spent on the neighborhood generating the fees. The
comercial, office and industrial fees are generally spent on
community parks (serving the entire community) such as Round Lake.
The existing balance in the cash park fee fund is in excess of
$430,000. (In 1979 $299,381 in fees were committed, of this amount
$101,356 was committed from commercial, office or industrial.)
We would continue to estimate approximately $100,000 per year in
cash park fees from commercial etc. over the next five to six years.
2. LAWCON Reimbursement: Over the last ten years the City has obtained
approvals on many LAWCON grants for park acquisition. The federal
government does not reimburse the local governmental agency the
approved funds until the local agency has completed the acquisiton
and has a warranty deed on the property.
Many of the acquisitions were made on contracts for deed. There are
four grants that the City is finalizing this year, and will receive
reimbursement as follows:
1972-72 LAWCON
1974 LAWCON
1975 LAWCON
1976 LAWCON
$18,230
$56,362.80
$75,150
$145,000
$294,742.80
3. Metro Council Reimbursement: When the City turns over Bryant Lake
Park and Anderson Lakes Park to Hennepin County Park Reserve District,
the City will receive approximately $300,000. The Council could
use these funds in conjunction with the LAWCON reimbursement for this
project.
4. Mill Levy: In 1979, the City Council authorized levying a half mill
for expected increased operating costs in the park system after the
referendum was approved. The half mill will generate approximately
$55,000 in 1980.
The 1980 census will be adopted by 1981, at that time the Council
could consider authorizing up to one mill which would obviously
double the amount generated.
1980 mill $55,000
1981 mill 60,000
1982 1 mill 130,000
1983 1 mill 140,000
1984 1 mill 155,000
$540, 000
-3-
5. Accrued Interest: I have provicd John Franc with an estimated
expenditures schedule for the 3.5 million dollar bond program.
He has informed me that the City will accrue approximately
$350,000 in interest to be cameo in 1980 and 1981.
These are five possible funding sources. The Council could consider a
combination of these sources as the best method of financing this construction
project. With any of these sources, the additional estimated cost of $575,000
could be paid off in 5-6 years.
REVENUE PROJECTIONS
The City Council requested staff to provide some revenue projections for the
figure skating club room addition and the racquetball courts addition.
Racquetball Courts/Meeting Rooms
Racquetball has been the fastest growing sport in Minnesota for the last half
dozen years.
The City of LeSueur has a community center containing an ice arena, gymnasium,
2 racquetball courts and future swimming pool. The manager of that facility
recently told me that the only portion of the facility that "pays its own way"
are the racquetball courts.
The racquetball courts and meeting rooms addition will cost an estimated $300,000,
The meeting rooms will provide a very nice service to many connunity groups;
however, we do not project any revenue from these facilities. The racquetball
courts should generate at least a total of 8 hours/day/court for six months,
and 3 hours/day/court for the other six months, for a total of approximately
6,000 hours of court use per year. The majority of the racquetball clubs
charge $3.75/hour/person after an $50 per year family membership. Therefore,
each court brings in $7.50/hour of play (singles), discounting the membership
cost. The estimated annual revenue from the courts during the first two years
would be $45,000. We would anticipate this to increase to about $55,000 per
year by the third year,
The City will be offering a family membership to the community center for
reduced rates on use of all the facilities. The addition of the racquetball
courts will make this membership much more appealing.
These arc very conservative estimates. It is obvious from the number of
racquetball courts that have been constructed in the Metro area in the last
few years that these facilities more than pay for themselves.
Figure Skating Room
This facility is estimated to cost approximately $18,000, and is only essential
if the community develops a figure skating club.
A figure skating club usually develops if an arena offers a quality instructional
program. As figure skaters advance beyond the group lesson stage, many join
clubs to obtain more skating time and individualized instruction. Members of
these clubs then enter competition and often put on shows etc.
-4-,
The Edina. Figure Skating CLub rents more hours on an annual basis from the
Braemar Arena than the Edina Hockey Association.
No one believes the arena or pool will ever "pay its own way", however a
figure skating club would help the arena reduce operating costs.
The figure skating club room is somewhat like the chicken and the egg question -
what comes first? One thing is certain, we are much more likely to be able
to develop a good figure skating club in this facility if we plan for them
from the beginning. The $18,000 investment does offer the opportunity to
provide more use of that portion of the facility and to a wider group of users.
Staff does not have an estimate of revenue projections from that facility,
because at this time we do not know. ifa club will be formed, or if one is -
formed how large it might be.
If a club of 30 individuals was formed, each individual purchasing approximately
$200 worth of ice time per year, the revenue would be $6,000 per year from the
club. Figure skating instruction, ice shows, etc. would be in excess of that
amount.
While considering the funding alternatives for this project, the Council
should also be aware that the City will have to construct a park maintenance
.garage within the next two to three years. As the park system increases in
size the City continues to require more equipment to maintain the system.
At this time, the parks department operates out of a two stall garage with no
indoor storage space for any of our small equipment, therefore all of our
equipment is now stored outside in a parking area that has no screening and no
security. This is the only other major park construction project considered
within the next five years outside of the approved park bond referendum project.
BL:md
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Roger K. Ulstad, City Manager
Bob Lambert, Director of Community Services
June 26, 1980
Request Authorization to Begin Condemnation Proceedings
of the Chicago Northwest Railroad for County 4 Bike Trail
Right-of-way
The City has received approval from all property owners for trail easements
along County Road 4 for the bike trail with the exception of the Chicago
Northwestern Railroad. The railroad insists that the City sign a lease
agreement that would indemnify the railroad of any and all liability
for any accidents that would occur on that portion of the trail even
if it were the fault of the railroad.
The Chicago Northwestern representatives insist this is the standard lease
agreement form that is signed by all governmental agencies whenever roads
or trails cross railroad property. However, our insurance agent has been
unable to find any insurance company that would provide the City with
insurance covering that type of clause in a lease agreement. The City
cannot construct a trail on this property until either a lease agreement
is signed or the City owns the right-of-way. Our City Attorney and insurance
agent have investigated all other possibilities and have determined that
the only feasible alternative is for the City to enter into condemnation
proceedings against the railroad to purchase the bike right-of-way. At this
time, staff requests approval of Resolution No. R80-120 authorizing the City
Attorney to enter into condemnation proceedings for this right-of-way.
BL:md
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R80-120
RESOLUTION AUTHORIZING AND DIRECTING 11IE ACQUISITION OF
CERTAIN LANDS BY EMINENT DOMAIN
WHEREAS, the City Council is empowered by Minnesota Statutes 412.221,
Subdivision 6, to lay out and open public ways and paths;
. WHEREAS, the City is empowered by Minnesota Statutes 412.221 to acquire
real property, as the purposes of the City may require, by condemnation;
WHEREAS, the City Council by Resolution No. 969 on April 1, 1975
authorized the application for Community Development Block Grant funds for
first phase implementation of the hikeway/bikeway plan that included the
bikeway adjacent to County Road 4;
WHEREAS, the City Council by Resolution No. 1091 on February 3, 1976
authorized the application for Community Development Block Grant funds for 1976
to continue implementation of the hikcway/bikeway trail plan adjacent to
County Road 4;
WHEREAS, the City Council by Resolution No. R80-108 on June 3, 1980
approved the grant agreement No. 27-1094-02 with MN/DOT for County Road 4
Bikeway Project I.C. 51-310;
WHEREAS, the offices of the City Engineer and Community Services Depart-
ment have prepared plans and specifications for the construction of said
right-of-way, denoted as project I.C. 51-310;
WHEREAS, the City has acquired all necessary easements for said right-
of-way except for that portion described on the attached Exhibit A;
WHEREAS, it is necessary, advisable and expedient and in the public
interest to acquire the easement described in Exhibit A as recommended by
the City Engineer and Director of Community Services for the purpose of
such improvement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota:
1. The City shall proceed by eminent domain to acquire title to the
easement described on Exhibit A.
2. The City attorney is authorized and directed to prepare petitions
and serve notices as required by law and to prosecute such proceedings to
a successful conclusion or until abandoned, dismissed or terminated by the
City or by the court, and the city attorney, the mayor and the clerk shall do
all things necessary in connection with the commencement, prosecution and
successful termination of such proceedings. It is understood that if the
city attorney can obtain the required easement in writing by negotiation
at any time the said lands shall not be included or shall be dismissed from
said proceedings.
ADOPTED, by the City Council of Eden Prairie this
day of
1980.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Franc, Clerk SEAL
A 20' wide strip of land, located within the Chicago 81 Northwestern
Railroad right-of-way, the westerly line of said strip lies 46'
easterly of the west line df the northeast 1/4 of the southeast 1/4,
Section 17, Township 116, Range 22
EXHIBIT A
m I
vu ry , L1J
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R80-122
RESOLUTION RECEIVING FEASIBILITY REPORT AND
CALLING FOR A HEARING (I.C. 51-336)
WHEREAS, a report has been given by the City Engineer to the
City Council on July 1, 1980, recommending the following improvements
to wit:
I.C. 51-336, Frontage Road along south side of
T.H. 5 from Fuller Rd. to Co. Rd. 4.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
1. The Council will consider the aforesaid improvements
in accordance with the report and the assessment of
all property abutting or within said boundaries for all
or a portion of the cost of the improvement pursuant
to M.S.A. Sect. 420-011 to 429.111, at an estimated
total cost of the improvements as shown in said report.
2. A public hearing shall be -held on such proposed
improvement on the 5th day of August, 1980, at 7:30 P.M.
.
at the Eden Prairie City Hall. The City Clerk shall give
published and mailed notice of such hearing on the improve-
ments as required by law.
ADOPTED by the Eden Prairie City Council on
ATTEST:
Wolfgang H. Penzel, Mayor
SEAL
John D. Frane, CW-k
11 -12
MEMO
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Penzel and Members of the City Counc
i
l
Roger Ulstad, City Manager
Carl Jullie, City Engineer
June 27, 1980
Sprinkling Ban
Dunn the recent hot days the demand for mu
n
i
c
i
p
a
l
w
a
t
e
r
s
u
r
i
n
g
t
h
e
l
a
t
e
afternoon and evening hours (5:00 to 10:30
P
.
M
.
)
h
a
s
e
x
c
e
e
d
e
d
o
u
r
p
u
m
p
i
n
g
capacity, such that the Baker Road reservoi
r
h
a
s
d
r
o
p
p
e
d
t
o
t
h
e
2
0
f
o
o
t
level resulting in very low water pressure
i
n
t
h
e
h
i
g
h
e
r
e
l
e
v
a
t
i
o
n
a
r
e
a
s
of the City. In order to avoid a potential
l
y
s
e
r
i
o
u
s
s
i
t
u
a
t
i
o
n
i
n
c
a
s
e
of a major fire at these peak demand times
,
i
t
i
s
r
e
c
o
m
m
e
n
d
e
d
t
h
a
t
t
h
e
City Council authorize the Staff to invoke a
s
p
r
i
n
k
l
i
n
g
b
a
n
u
s
i
n
g
t
h
e
"odd-even" procedure, wherein homeowners wit
h
o
d
d
n
u
m
b
e
r
e
d
h
o
u
s
e
n
u
m
b
e
r
could sprinkle only on odd numbered days of
t
h
e
m
o
n
t
h
a
n
d
l
i
k
e
w
a
s
e
f
o
r
even numbered houses. We would hope that th
i
s
b
a
n
c
a
n
b
e
s
u
c
c
e
s
s
f
u
l
o
n
a completely voluntary basis and therefore.
w
e
d
o
n
o
t
p
r
o
p
o
s
e
a
n
y
p
e
n
a
l
t
i
e
s
for violations at this time.
Black and Veatch Consulting Engineers are n
o
w
i
n
t
h
e
d
e
s
i
g
n
p
h
a
s
e
o
f
t
h
e
water plant expansion project. The attatche
d
p
r
o
j
e
c
t
t
i
m
e
t
a
b
l
e
s
h
o
w
s
b
i
d
s
to be awarded in January, 1981, and project
c
o
m
p
l
e
t
i
o
n
b
y
O
c
t
o
b
e
r
,
1
9
8
2
.
Thus, we will have two more summers of peak
d
e
m
a
n
d
b
e
f
o
r
e
a
d
d
i
t
i
o
n
a
l
capacity is available.
CJJ:kh
Attachment
Task ' Design Memorandum Task 102 Field Surveys Task 103 Civil Task 104 Electrical Task 105 Mechanical Task 106 Architectural Task 107 Specifications Task 108 Quality Control Task 109 Opinion of Construction Cost Task 110 Regulatory Agency Review PHASE II — CONSTRUCT/ON SERVICES Task 201 Bid Advertisement A Contract Award Task 202 Project Administration Task 203 Contractor Submittals Task 204 Resident Engineering PHASE III — STARTUP Task 301 Facilities Startup Task 302 Continuing Operational Services I i II t VI tliflii 4.1 II flit 0 5 10 15 20 17Y0 Months from Project Authorization -441.0V EDEN PRAIRIE, MINNESOTA WATER TREATMENT PLANT ADDITION PROJECT TIMETABLE till rill' 25 30 _ COSTING ATTACHMENTS