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HomeMy WebLinkAboutCity Council - 07/15/1980EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL Mayor Welfgan, Penzel, Dean Edstrom, Dave •sterholt, 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 Prove, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE " I. APPROVAL OF AGENDA AND EITHER ITEMS OF BUSINESS II. CONSENT CALENDAR A. uest to set a Public Hearing for Lake Ridge Office Park for August Page 1775 1 5 1980 B. Request to set a Public Hearing for Deer Creek for August 5, 1980 Page 1776 C. Request to set a Public Hearin i for Timber Creek ftr -August 19, 1980 Page 1777 D. Request to set a Public Hearing for Feasibility Report for Tax Increment Financing for August 5, 1981 E. Approve plans and specifications and order bids for improvements Page 1778 on Anderson Lakes Parkway, 1717;)-341 (Resolution No. 81-131) F. Approve plans and specifications and order his for 1988 seal coating Page 1779 program, I.C. 51-387 G. Receive 1007 petition and order sewer and water improvements for Page 1788 six lots abutting T.H. 111 north of Valley View Real, I.C. 51-38'6 (Resolution No. 80-129) 3-_, H. Receive petition and order feasibility report for drainage outlet Page 178 for Lake Idlewild ) I.C. 51-385 (Resolution No. 80-130) I. Final_plat approval for Norseman Industrial Park 4th Addition Page 1786 'Resolution No. 80-132) IJ. Resolution No. 80-127, regarding application for conveyance of tax Page 1788 forfeited land K, Request to set Public Hearin9 for Federal Revenue Sharing Funds _ . for Auqu,t 19, 1980 . , - A / /i III. PUBLIC HEARINGS R(ILL CALL Aa f ' 9,_te (6 1-. TUESDAY, JULY 15, 1980 ,JUNCIL MEMBERS: COUNCIL STAFF: A. Anderson Lakes Parkway Neighborhood Shopping Center by Eden Prairie Real Page 1797 :,Estate Investment_Corporation. Request for PUD Concept approval and preliminary plat approval for 2 restaurants and 2 commercial sites. Located East of US 169 and South of Anderson Lakes Parkway (Resolution No. 80-125 - PUD; and Resolution No. 80-126 - preliminary plat) 1. 1979 Audit Report VIII. NEW BUSINESS IX. ADJOURNMENT. (Continued from June 3, 1980) Page 1541 1, E. Report of Finance Director Council Agenda - 2 - Tues.,July 15, 1980 rh .S B. Request for MUnicipal Industrial Development Bond approval in the amount of $-2F,F00,000.00 for Braun-Kaiser (Resolution No. 80-133) IV. PAYMENT OF CLAIMS NOS. 1305 - 2529 V. PETITIONS, REQUESTS & COMMUNICATIONS "( lijquestfrom Eden Prairie Partners for an extension of their Municipal Industrial Development Bond final approval to October 7, 1981 A,, (65FG-hued from 7/1/80) VI. ORDINANCES & RESOLUTIONS 1 , n"'44' Ordinance No. 80-18, amending Ordinance No. 134, increasing dog impounding Ii C. 2nd Reading of Ordinance No. 80-13, rezoning from Rural to 1-2 9.95 acres into 1 lot and I outlot for Braun's Fashions, Inc., and developer's agreement VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A 40;44 npr) 1. Councilwoman Pauly - 2 Appointments to the .8E4 Care/Mole Repair Advisory Board #...1f.; A4,14,1.7 B. Report of City Attorney C. Report of City Manager I. Faulty con ? ruction of the Eden Prai:Fierebouse, 4 P' .14....-11:,,,.7 f f 1 I. 16eli orf City ngineer 1. Receive Feasibility Report and set hearing date for storm drainage improvements in the Sutton 1st Addition, I. C. 51-370 (Resolution No. 80-128) 2. Resolutions regarding compliance with developer's agreement - Richard W. Anderson, Inc. (Resolution Nos. 134, 135, 136 and 137) 2nd Reading of Ordinance No. 80-16, requiring permits for the discharge of Firearms and amending Ordinance Nos. 337 and 347 A. Reports of Council Members Page 1826 Page 1836 Page 1841 Page 1754 Page 1843 Page 1844A ' Page 1845 Page 1849 Page 1850 Page 1851 .TPR:pkj 1-175 Ryan Development Inc um.. GENERAL CONTRACTORS & DEVELOPERS .1111. 1 1S 6 EDWARD C. RYAN President THOMAS P. RYAN Vice President July 10, 1980 Mr. Roger Ulstead, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: LAKE RIDGE OFFICE PARK - WHEATON PROPERTY Dear Mr. Ulstead: Pursuant to our conversation yesterday, I would request that you ask the City Council to set a public hearing on August 5, 1980 for the purpose of rezoning the above property from C-Regional Commercial to Office. Thank you. Very truly yours, RYAN DEVELOPMENT, INC. Thomas P. Ryan Executive Vice President 1776, OFFICES FARGO, NORTH DAKOTA. MORRIS, MINNESOTA • PHOENIX, ARIZONA MINNEAPOLI S , M I N N E S O T A THOMAS H. KOKIINLEIN, AIA JOSEPH LIGHTOWLER, JR., RPE WINTON D. JOHNSON. Reg ROPERT WALKETI, ((PC HARLAN ORMORECK, A1A RALPH R. RularrsoN, AIA WILLIAM POLAR. RPC KOEHNLEIN LIGHTOWLER JOHNSON 9 July 1980 INCORPORATED ARCHITECTS ENGINEERS 4700 NICOLLET AVENUE SOUTH PHONE (RIO) 1190.1272 BURNSVILLE, MINNESOTA 55137 City Council Members City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Mn. 55343 Dear Council Members: We hereby request that a public hearing be held regarding the re- zoning and preliminary plat of Deer Creek at the earliest possible date. Thank you kindly. Respectfully, William R. Dolan, C.E. WRD:kd Rick D. Murray Vice President RDM/Ig /70 B-T LAND COMPANY 1055EASTWAYZATABOULEVARD WAYZATA, MINNESOTA 55391 16121 473-8511 July 10, 1980 Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 RE: Timber Creek Dear Chris: This letter will serve as our request for a City Council Public Hearing at the City's earliest convenience for our Timber Creek proposal. Thank you for your cooperation in this matter. Sincerely, B-T LAND COMPANY July 15, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80- 131 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (I.C. 51-341) WHEREAS, the City Engineer, through Bather, Ringrose, Wolsfeld, Inc., has prepared plans and specifications for the following improvement, to wit, I.C. 51-341, Improvements on Anderson Lakes Parkway between T.H. 169 and Preserve Blvd. and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY - OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened at 10:00 o'clock A.M. on Thursday, Aug. 14, 1980, and con- sidered by the Council at 7:30 o'clock P.M. on Tuesday, Aug. 19, 1980, in the Council Chambers of the City Hall, and that no bids will be considered .unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on —VERgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk Recommend approval of specs and ordering of bids to be received 1980, at 10:00 A.M. for seal coating project I.C. 51-387 CJJ:kh MEMO TO: THROUGH FROM: DATE: SUBJECT: Mayor Fenzel and Members of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer July 8, 1980 Specs for Seal Coating I.C. 51-387 Specifications have been prepared for seal coating approximately ten miles of City streets. The specs require the contractor to furnish and place a bituminous oil and cover aggregate. City crews will complete all patching and sweeping required. The materials to be used will conform to MN/DOT specification No. 2356 for bituminous seal coating. A listing of the streets to be sealed is on file in the Engineering Dept. office. The estimated contract cost for this project is $65,000. Funding has been programmed in our planning for the City's overall transportation improvement program. The proposed schedule for this project is as follows: 7/15 Approve specs and advertise for bids 8/4 Open bids 8/5 Award Contract 9/15 Work completed July 15, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.R80-129 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS ALONG T.H. 101 NORTH OF VALLEY VIEW RD. (I.C. 51-386) BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed sewer and water improvements along T.H. 101 north of Valley View Rd., I.C. 51-386, at an estimated " total cost of $42,000.00, have petioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer shall prepare plans and specifications for said improvements in accordance with City standards and advertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper, and further a contract for construction of said improve- ments shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on Wolfgang H. Penzel, Mayor ATTEST: SEAL Jiihn D. Frane, Clerk MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: July 10, 1980 SUBJECT: 100% Petition 6 lots along T.H. 101 I.C. 51-386 The attached 100% petition for City sewer and water service has been received from the owners of six lots abutting T.H. 101 to the north of Valley View Rd. We estimate the cost to be $42,000.00 or $7,000.00 per lot. Those lots developed prior to 1971 (two lots) would be eligible for a $1,000.00 credit per the City special assessment policies. Prior to proceeding with plans and specifications we will contact the . petitioners to make them fully aware of our estimated costs and get their concurrence to proceed. All engineering work is proposed to be done by the City staff. Recommend receipt of said petition and adoption of resolution no. ordering the improvements. 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Ho 03).. •,.: .,., u_ti.0\ ,, • --z,, 1 'r. ., — < . :-,- . , ,v) • :. ,-..,.... :oz;,.,....m....-,./ !., Le I. 7..5C35 ;- ; • - z 4,‘ tv,,,, • • - •• • 4;j- • .2 4 ;: . • - (1) -••.- (1) ";.41.99.5.5 08E •• •••' '11":" (3) :-; VS10 Ii , \:,-t 1 0 n`;(7.,•, • '- • 3 0). • • • 7-1; "1.1 4 (4) ••'.-/ t(t_',‘ \‘2,,- .'"7. n‘''''4 4•111 • ri17-5-547: -•",". 4 '1 41 -- .,. ,,, 't )''' : ''/Trin i,. .,. oulk-G1 1:7"51:. .1.,1 _i'7 .1.(6,4,, )': \lz.91„:,44 ---•;.‘..°:*: 0:56 2841 :,,ti.1:,;.. ‘.,.4.:•;:. 104 4 6 ! 01 01..1 11.5 35 "Y....•J9 32 ;_l•S:Violi ,---. \..... (2,3.),...,. .. - ,„ , •.,is '. .r" I • • -,. --_-----„, _ , X'Tik ',.. • . ' ..:1-.(.1iDGE:dSCIR 0 ), , 4. •Vg;4 44 4 ATTEST: John D. Frane, Clerk SEAL July 15, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-130 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT ON IMPROVEMENTS (I.C. 51-385) WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 51-385 providing drainage outlet for Lake Idlewild at W. 78th St./ T.H. 169. and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of Rieke Carroll Muller Assoc., Inc., and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor LAW OFFICES LeVander, Gillen, Miller & Magnuson — jUL HAROLD LEVANDER ARTHUR OILIER ROGER C. MILLER PAUL A. MAGNUSON HAROLD LEVANDER. JR. PAUL H. ANDERSON TIMOTHY J. KUNTZ DANIEL J. BEESON 402 (.ROVERS BANK BUILDING • 633 SOUTH CONCORD STREET SOUTH ST. PAUL. MINNESOTA 55075 • TELEPHONE 16121 451.1531 July 1, 1980 The Honorable Mayor and Members of the City Council City of Eden Prairie Eden Prairie City Hall .8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Storm Sewer Outlet - Idlewild Pond Mr. Mayor and Members of the City Council: Enclosed herewith please find a Petition to the Eden Prairie City Council to consider the local improvement of providing a storm sewer outlet to Idlewild Pond. We would appreciate it if the City would take the necessary steps to consider this improvement and to authorize its installation. Thank you for your attention to this matter. Very truly yours, aul H. Anderson cc: Roger Ulstad - City Manager Carl Jullie - City Engineer Chris Enger - City Planner PHA: lc Names of Petioners Pr • pci Owny kb - # filo CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described.improvements(s): (General Location) Sanitary Sewer Watermain X Storm Sewer . • Street Paving Other To provide outlet for Idlewild Lake Street Address or Other Legal Description of Property to be Served Easterly end of Idlewild Lake lry-14 r-itrti-Stretyr,-ITitliciay- ,: ) and Eden Road. (.142K •-t;••••• • . - LAND I SAii; INC. AG IJIJ (-4/( . herr (For i, (For City Use) Date Received 1/1.10 Project No. I .6,C 31tc. Council Consideration 7/410 BY-r 7 1TE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-132 A RESOLUTION APPROVING FINAL PLAT OF NORSEMAN INDUSTRIAL PARK 4th ADDITION WHEREAS, the plat of NORSEMAN INDUSTRIAL PARK 4th ADDITION has been submitted in a 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 ordinances 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 Norseman Industrial Park 4th Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated July 9, 1980. B. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deeds and/or Registrar of Titles for their use as required by NSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. frane, Clerk I7 1(p CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: Mayor Penzel and City Council Members Roger Ulstad, City Manager Carl Jullie, City Engineer July 9, 1980 Norseman Industrial Park 4th Addition The developer, Herliev Helle, is requesting City Council approval of the final plat of Norseman Industrial Park 4th Addition. This plat consists of one lot, approximately 4.9 acres, located west of and adjacent to Norseman Industrial Park 2nd Addition in Section 12. HISTORY: The preliminary plat was approved on April 18, 1980 per Council Resolution #80-41. Zoning to 1-2 Park was finally read and approved by the Council on May 6, 1980 per Ordinance No. 80-07. The Developers Agreement referred to within this report was executed on May 6, 1980. VARIANCES: Any variance requests must be submitted to the Board of Appeals. UTILITIES AND STREETS: The requirements for installing municipal utilities and streets are covered through items 2, 5 and Exhibit C of the Developers Agreement. PARK DEDICATION: The requirements for park dedication are covered in the Developers Agreement. BONDING: The requirements for bonding are covered in Exhibit C of the Developers Agreement. The developer has requested City installation of utilities and streets serving this addition, with the cost of these improvements to be assessed to the benefitted properties. The City Council has authorized construction of these improvements through contract I.C. 51-359. RECOMMENDATION:Recommend approval of the final plat of Norseman Industrial Park 4th Addition subject to the requirements of this report, the Developers Agreement and the following: 1. Receipt of cash deposit for street lighting in the amount of $98.40. Ori BL:md Mayor and City Council Roger K. Ulstad, City Manager nr1 MEMORANDUM TO: THRU: FROM: Bob Lambert, Director of Community Services DATE: June 10, 1980 SUBJECT: Resolution Regarding Application for Conveyance of Tait Forfeited Lands The City has received a letter from Hennepin County giving notice of three parcels that were forfeited to the State of Minnesota for non payment of real estate taxes. After reveiwing each parcel, staff recommends that the City Council approve application for conveyance of two of these parcels to the City and approve releasing the third parcel for sale to the public. The first parcel is a small triangular piece of property located adjacent to Washington Ave. (refer to Exhibit A for exact location). City Engineering staff recommends acquistion of this parcel for road right-of- way. The second parcel is a 74 acre parcel located south of County Road 1 and bordering the west side of Purgatory Creek. The northern half of this parcel is heavily wooded and bordering the creek. The southern portion is mainly Open, flat land. The acquisition of this parcel will help to preserve the Purgatory Creek corridor and will provide a small area suitable for some active use recreation that will serve future development in this area of the City. The third parcel is a lot in the Edenview area, address 15901 Lund Road No. This is a lot containing extremely bad soils, which is the reason that it hasn't been developed to date. Staff would recommend the Council approve releasing that lot for sale to the public. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1180-127 RESOLUTION REGARDING APPLICATION FOR CONVEYANCE OF TAX FORFEITED LANDS WHEREAS, the City Council of the City of Eden Prairie has received from the County of Hennepin a list of parcels in said municipality which became the property of the State of Minnesota for non payment of real estate taxes, which said list has been designated as Exhibit 1 attached hereto, and WHEREAS, it is the intent of the Council to acquire two of these parcels for public use purposes, and WHEREAS, it is the intent of the Council to release one of these parcels for sale, NOW, THEREFORE, BE IT RESOLVED by said City Council that the City of Eden Prairie desires to obtain title to said lands for road purposes: Plat 5670, Parcel 9900, PIN NO. 01-116-22-41-0015. For park purposes; Plat 56820, Parcel 2010, Address 9820 Bennett Place, PIN NO. 26-116-22- 14-0003, and to release for sale Plat No. 56856, Parcel 3800, Address 15901 Lund Road North, PIN NO. 04-116-22-23-0019. ADOPTED , by the City Council of the City of Eden Prairie on this 15th day of July, 1980. ATTEST: John H. Franc, Clerk MASSIFICATI.W blbT MU. VJU ". r. • SUBDIVISION . Lot or hhkk Ith" Amosi.rd Vitus DMIJn . • . . • EDEN PRAIRIE - 61 ' ... • . )ISTRICT PLAT • PARCEL ' ADDRESS PID )1 • ' 56760 9900 • . 1 116 22..41 0015 . . 56820 2010 ' 9020 Bennett P1 26 116 22 14 0003 il 56056 3800 .15901 Lund Rd No . • 04 116 22 23 0019 . . . , . . . . . . . .. . . . . ' • • . • . . . EXHIBIT NO, 1 • • . . • • . . . . . • . • • . • . . . . . : ,.. . Kna . • . Legal Description Plat 56760, Parcel 9900 Claredon Park, Outlot 1 EXHIBIT A 09 Legal Description Plat 56820, Parcel 2010 Commencing at Southeast corner of Lot 6, thence North to a point 82 feet South from Northeast corner thereof, thence West at right angles 669.39 feet, thence at an angle to the right of 96 degrees 03 minutes to Northerly line of Lot S, thence Southerly and Southwesterly along Northerly and Westerly line of said lot to South line thereof, thence 'West to Northwest corner of Lot 6, thence South to Southwest corner thereof, thence East to beginning. EXHIBIT B I 79 I LI 71 7-1 ->c8,342_ I .j.,v(11 , .\ ., .-.)<4./b/7` L'Y \ Ore., A p i L... t-i g % 4;• • 4.1 h' 69TH *V • 1 Ii &) 4- ' . • ,," t . d j'.0 '.1 1 1 ,,, • J•) 1 1 Niro, "4.15 Si' DON P R K .(C ',.;.4: 6 ...0..,;:e3 • , n •. 1.,,,..._.................:.....d....17.I.9. ' 34-2 .9 4 :... • 1. ROAD , u , • 00 li Co a C :. :. ',"• c.c... ..,',I tier .,, t.i. t• 0. L''' 5 I g,' i ...i., ''-' 1 4 (1E3) • ;:i=-1 4' i ) 7 14 '''l 8 .1 ,.. n; 0 7, G I !.., 1 ' • 1.-7....:.: t;,i'--1-:?;-/..J"...s' •':•':`:./........) / , ..-"_ /.. ..\.f..-11-------1 (/ 7) .. f ' 7 .r.:. . 'i ' g't ,^; • .., , ' 7 .1.:.,...;,-,.,..... .,......i.-- . • • e.',) ,,, :,.. ....e r.:,„, ',y r ,-;., r-i • •r•V -•', e I .' 4_1, r, .- ; ...;;;. :55: : ••;,'1.: 4 .1!g re .____ ,...,.._ -_.,,,.. ....4-r.,4, ' 1 46'307 , I'''"11....nnnn '""Ir. I , (4. 4 ; d .. ;,1- P. e-Co, 1e 6-- -i'.,,,'.. .•--•::-.•; ,..-.0:, :- 1 (24_,tip) ,iLft • ).:.1...: t . ' 5. 2')) • 2 tnsn 11:1 LOT I /1130 • e6-4 /7 N.:1,0,‘i 2 wesi com-/- 07/Ae 4re/o/V4/.49K4v/Ag I 480.32. I i m .03 '7) (..7). * I t, .41 7•1•!../' `; • t, .4 ",20 )' ,C71.• .. :, 1 . ,...•-•-! -.7 , ,,,.• ..",, • .y.., 4.5 ;Yr; , --1.--, ' --' e " ,;-•-,?.;.,:i t1 7 .4,':.t1 /lie, 5 °I ,--. s. ... ..... t 1 . '''' 5-5 -34 2470 . . : ....? ...",, ' (3) . G--- :..i" (9)— -.; 1 . ...- :-. ,-.. /0 ,.:• '•'1,.: ...:: (;) Z.V's ... • • 14 '..).,..,!.. 740, I — , _} - -1 z (0 • :2 3 r•••-•1 "••••-•-. ); ; - A .. '.n.. 0., ....,.t) 00 0, •••n ... • .. ^........• .„ 7 1.01::::: ,•, 1/4........s.....--,-,=-...\:\- /...... N ..<:-„... ? .>, ' Z 1 -/-• - ` •::,... NN:..., ., ?i.e. — -:-/.-/, ' — — 'N ` - -• "/ ...,..., • ) , • ;.1 / APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX.FORFEITED LANDS •Witueetdo Modulo. 1;0;9, •e•ti009 .9U.01 a Oovern mental Subdivision, for a Conveyance of Certain Lambs. (Mega: (ituno of .1,41.1tioo) 1. That asois,,,t i s , (a) _ ponicipal Corporation Resolution No. 1180- has been adopted by the City of Eden Prairie f. That (b) ' .. . Rttathed)" .. " - • • 3. That there is situated within applicant's boundaries in the County of ............................. -....., certain tax. forfeited land deserthed as follows: . -..- • . . . . . DIS1 PICT 61 61 PI,AT 56760 56820 PARCEL 9900 2010 PIN NO. 01-116-22-41-0015 (Exhibit A) 26-116-22-14-0003 (Exhibit B) h. That mid lands arc (c).SidtalaP....0.141...B.O.Pdc.4....fpr...4.t.r.Pct...r.Ight.7.9.f..7.y.AY....q114..Pikklic open space. a 5. That applicant desires In obtain. said land for the following purposes: (d)..Parks n d ROW 6. That there iS need for such lands for time following reosons3Wric .. Wherefore applicant prays that said lands be conveyed to it for the use stated herein. 2.714 . . — • •—• • • -• • - its City Clerk _ atate of BilintiSota, Cou nty of. ........11ennopin. Boger K. u1stini 4 John 1). Crane — ,nell. be%ng first duly — City Manager . morn, depose and say, each for Abuser f, that they arc respectively tho - an d .,.. COI...Clerk „.01 th e .., City of Eden Prairie 4 that they hare road the foregoing application and k now the contents thereof; and that the ntatters staled therein are true. .... ••••• • • • •• • ••••• Subscribed and Sworn to before me this ..... • rigs Notary Pablio,.___ ..... ju n .. .41y eontmlnion ..... (a) Slate tel+elln In 6,1 ntneolielt.nn TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: July 11, 1980 RE: 1981 Budget - Use of Federal Revenue Sharing Funds Regulations concerning Revenue Sharing require us to hold a public hearing on the use of the funds at least seven days prior to the Council's receipt of the 1981 Budget. A notice in the Eden Prairie News is also required. The city has in the past indicated that the funds would be used for current expenditures of the Public Safety Department which is an acceptable use. MEMO TO: FROM: DATE: PROJECT: APPLICANT: LOCATION: REQUEST: Planning Commission Chris Enger, Planning Director June 5, 1980 ANDERSON LAKES PARKWAY NEIGHBORHOOD SHOPPING CENTER Eden Prairie Real Estate Investment Corporation and Western Petroleum Company Southeast corner of-Anderson Lakes Parkway and US 169/212 1) Preliminary platting of 17.28 acres of lend into 4 commercial lots, a street right of way, and a 5.126 acre outlot. 2) Planned Unit Development approval and rezoning from Rural to C-Corn of 12.15 acres for 30,000 square feet of neighborhood shopping, a family restaurant and a fast food restaurant. LAND USE This area was originally owned by Edenvale and was proposed as part of the Edenvale South PUD as neighborhood commercial on the northern 1/3 and multiple family residential on the southern 2/3. The property has since changed ownership. The 1979 Guide Plan depicts neighborhood comercial on the northern portion and medium density residential on the southern portion . The Guide Plan defines this type of commercial area as being around 50,000 square feet and providing goods and services for the neighborhood. The land use proposed is consistent with the Guide Plan. ORDINANCE 135 Special purposes of the Community Commercial District are: "a) To provide appropriately located areas for retail stores, offices and personal service establishments patronized primarily by residents of the immediate area." note: (although the uses proposed are consistent with this, the location of the project on US 169 will capture some regional traffic) "b) To permit development of community shopping centers of the size and in the appropriate locations shown on the Guide Plan, according to standards that minimize adverse impact on the adjoining residential uses." note: (the Guide Plan depicts this location for neighborhood commercial, which would be instituted through the C-Coin District) 119t) Memo-And.L.Pkway Shop. -2- June 5, 1980 There is also a requirement in Section 2, Ord. 135, for a minimum lot size of 5 acres. This standard would encourage consolidation of commercial uses into small multi-tenant shopping centers. The concept, as proposed,.is for two (15,000 sq .ft. each) small multi- tenant commercial buildings and two free standing restaurants. All of the individual commercial lots are well short of the 5 acre requirement and the separate lots set the stage for franchise buildings each striving for separate identity. Ordinance 135 also requires in all commercial zones that: "Zoning requests will be considered only on the basis of a comprehensive development plan for the entire area to be zoned and specific plans for initial structures and site development". No specific plans for initial structures have been submitted. The zoning request is strictly speculative at this point. The PUD process would of course allow the city to waive certain provisions of the ordinance in order to: "a)Encourage more creative design and development of land. b)Promote variety in the physical development pattern of the Village. (i.e., mixed land use) c)Concentrate open space in usable areas or preserve unique natural resources of the site. d)Preserve and provide a more desirable environment then would be possible under strict interpretation of the Zoning Ordinance or Subdivision Regulations." In other words, information must be presented to illustrate that this is a better product as a result of the PUD than would be allowed under the Zoning Ordinance. Information has not been supplied by the proponent to support this. No architectural standards have been proposed. Moreover, Outlot A is not proposed as a particular land use at this time. SITE PLAN 1). Setbacks along Anderson Lakes Parkway and US 169 should be 50 feet. ' If parking can be effectively screened, a separate driving lane may occur within the setback. 2). The grading plan, even when combined with the schematic landscaping plan will not effectively screen the parking from any of the public roads. The eastern parking area will also be visible from the adja- cent residents. These situations must be corrected. Memo-And.L. Pkway. Shop. -3- June 5, 1980 3). Sidewalks are not proposed within the development except around buildings. Since this is to be a neighborhood shopping area, sidewalks should be designed to link the uses to the trail proposed by the City along Anderson Lakes Parkway. 4). Careful consideration must be given to lighting of the parking areas. The light source must not be visible from off of the site, the standards should not exceed 20 feet in height and light must be confined within the property's boundaries. TRANSPORTATION One of the most critical factors regarding this proposal is traffic. There are two points of access proposed: a right-in/right-out access 1600 feet south of Anderson Lakes Parkway on US 169, and a full access to Anderson Lakes Parkway 400 feet east of the intersection. The City has recently completed a feasibility study for the extension of Anderson Lakes Parkway east to The Preserve. Included is a graphic which illustrates the suggested improvement to the intersection. The pathway shown on the north side of the road in the graphic is actually planned for the south side of the road. This would tie pedestrian and bicycle access from the neighborhood to this center. In addition to the improvements illustrated, the City staff is discussing with the State Department of Transportation the possibility of a median on US 169 which would protect left turning traffic. B.R.W. was the engineering consultant for the City on this feasibililty study. It appears that "Warrant 1: Minimum Vehicular Volume" would be met for a signal when the shopping area was partially developed,and "Warrant 2: Interruption of Continuous Traffic" would almost be met with the extension of Anderson Lakes Parkway prior to any comnercial development.. Since MnDot has many intersections which meet accident warrants, it is clear that any signal improvement must be initiated by the City if it is to be done at this time. The proponent has agreed to pay his "fair share" of a signal. Additional research must be done to determine: 1. When the signal is necessary? 2. What improvements are necessary to roads to accommodate a signal? 3. What is the cost of a signal improvement? 4. How is the signal to be paid for? Since full development of this parcel would triple the peak hour traffic on Anderson Lakes Parkway at the intersection, it appears that much of the cost of a signal would be expected to come from the developer. Memo-And.L. Pkway.Shop -4- June 5, 1980 FINDINGS AND CONCLUSIONS 1. Lot size variances are being sought through the PUD proce s s . T h i s process provides for such waivers if a more desirable produ c t c a n be produced than possible under the zoning ordinance. 2. The zoning ordinance requires specific building plans for c o m m e r c i a l developments. Since this rezoning request is speculative , n o s u c h plans are available. 3. The setback from US 169 and Anderson Lakes Parkway is 50 f e e t . 4. No proposal for future land use is made for Outlot A. 5. The general land use proposed is consistent with the Gui d e P l a n . 6. Additional screening of the parking areas is necessary. 7. Without a signal, commercial development at this intersec t i o n w i l l cause traffic problems. 8. A sidewalk system should be designed to link the commercia l u s e s w i t h the trail along Anderson Lakes Parkway. 9. Cash park fee payment applicable at time of building permi t issuance. RECOMMENDATIONS A. The Planning Staff recommends approval of the PUD subject t o s i t e p l a n modifications set forth in this report. B. The Planning Staff recommends preliminary plat approval. C. Regarding rezoning, the Planning Staff recommends the fol l o w i n g alternatives: 1. Rezoning of the property at this time subject to: site pl a n modification as per this report, resolution of the traffi c light prior to any construction, and review of each lot development by the Planning Commission based upon a set of common architectural standards to insure a homogeneous project. Or, 2. Consider rezoning upon resolution of the traffic signal a n d only upon submission of specific plans for each lot to b e rezoned. CE:jj PROPOSED EASEMENT PROPOSED. PATHWAY Anderson Lakee Parkwa 00 INIP•11.011••••••••••••••nnn 0 MERGE LANE PROPOSED EASEMENT 3 3 ,11411=rmaal 0 25 50 100 FT T.H. 169 Turn Lanes and Bypass Legend Ej Proposed Widening El Proposed Island Feasibility Study In I Anderson Lakes Parkway ...M111111277. DESIGN ELEMENTS INTRODUCTION As an addendum to the sign, pedestrian-way and buffer design criteria, design criteria have been developed for certain major landscape and build-ing elements. These have been developed to guide the overall design char-acter of the area. Because it is recognized that different designers and developers will undoubtedly become involved in specific sites in the area, no attempt is being made to design in detail. Rather the goal is to set the design tone and to establish aesthetic and functional standards within which future design and development should take place. All final design viii be subject to review and approval by the City of Eden Prairie so that proper coordination and inter-play of various sections of the plan can be maintained. The following design concepts should guide the overall development. While specific problems will arise periodically which will require special treat-ments, it is essential that a basic concept of materials and character be continued throughout. Design elements are presented here within the following categories: LIGHTING SCREENING/LANDSCAPE BUFFERS PLANT MATERIAL BUILDING STRUCTURE SIGNS PEDESTRIAN AMENITIES LIGHTING STREETS All lighting of public streets throughout the area will be the responsi-bility of the City. The design of the system, including materials, loca-tion and spacing of poles, and engineering will be determined by the City. Specific poles and luminaires will be selected as an integral part of the commercial area lighting program. The character of the poles should be consistent with that of other elements of this Urban Design Framework and should be annodized aluminum or earth tone baked enamel with appropriate levels of illumination mounted at 30 to 35 feet. PARKING AREAS Lighting of new parking areas will be the developer's responsibility with the location and spacing of luminaires to be determined by the developer relative to unique conditions of each particular site. Poles are to be wood or of an earth tone baked enamel finish. Luminaires are to be mounted at 20 to 25 feet, with downward directed lamps positioned so as not to produce glare visible from off-site. The design and implemen-tation of the lighting system shall be such that it does not allow the amount of light falling onto adjacent residential districts to exceed gen-erally acceptable standards. All elements of the lighting systems will be subject to approval by the City. pole-stainless Steet If davit-stis 7 77777777 wood ar-:za be.tcl PARKING AREAS STREET luminaire, downward dizried PLANT MATERIAL The chart below indicates the types of plant material to be generally used in three types of locations. Streets, Right-of Plant Material Ways Deciduous Trees Evergreen Trees Deciduous Ornamental Trees Deciduous Shrubs Evergreen Shrubs Ground Covers Residential/ Commercial Boundaries Pedestrian Areas The street trees will be the responsibility of the developer and will be planted to: • Provide continuity to the area • Provide beauty and shade • Decrease air and noise pollution • Create a unified "street image" throughout the area The plant material for residential/commercial boundaries should be used to: • Provide year round color and beauty to the area • Provide visual separations • Provide physical barriers where needed Plant material should be selected which will: • Not be generally susceptible to disease • Not bear fruit which might cause unusual maintenance problems • Not constitute danger to the general public Trees and shrubs will be planted along public streets in boulevard areas. BUILDING STRUCTURE Clearly, one of the most significant visual impacts on the area as a whole will be that made by new buildings. Because of this it is important that a design harmony and continuity be carried throughout the area by means of several major design elements as they pertain to building facades. Addi-tionally, it is essential that new buildings relate well visually to neigh-borhood as well as to other new buildings. The following design guidelines for new buildings have been determined with due consideration given to the character and "flavor" of the neighborhood. • Primary Building Materials These should be consistent with the City ordinance. Generally, the character should be that created by "warm" natural mpterials. These would include deep tone brick, stone, stucco, and wobd in natural or "earthy" tones. • Similar Facade Treatments The selected primary building material or: materials should be carried through on all building facades. It is important to the concept of visual unity and image that backs of stores not be allowed to develop into neglected areas. Service areas must be screened or designed to enhance the visual relationships with the public areas and with the neighborhood. • Color Much of the character in a commercial area is created by the accents used in building design. Colors used for exterior building materials should -be those with a warm tone feeling. These can range through the shades of yellow, orange, and red. Where possible the natural coloring of the material should be used. SIGNS Exterior signs for business establishments in new buildings should be designed as an integral part of the building itself. Some of the primary considerations should be: • Materials These should complement the overall building design. • Scale While signs must be readily visible from nearby walks and streets it is important also to keep sign sizes within good design propor-tions to the building itself. • Placement Signs should be placed so that they relate well to all other signs on that particular building. Sign groupings and sign bands offer two good solutions to multiple signing problems. Individuality in signing can be achieved through the use of emblems, colors, and letter style. The use of graphics in place of words whenever possible is encouraged. r EXHIBIT imAre- LETrEIE-1,441 AS 1,E4E- 5toor4e._.s5. XElass (1.4.1-14'. KEIEr AM..% CArTaa.c... errl> I MAN C...E-Ss.) PEDESTRIAN AMENITIES The following major street furnishings and design techniques shall be used along the pedestrian walkways throughout the area. It will be the appro-priate use of these items in conjunction with the planting, lighting, and building elements which will create a unified design theme for the commer-cial area. Their use will be of prime importance in an effort to encourage access of non-vehicular shoppers. They will largely be the elements which begin to "humanize" the area for the pedestrian. It is not the detailed design which is important nor intended here but rather the concept. Detail design will be accomplished as implementation proceeds. PAVING "Major" walkways as illustrated on the development plan are to be a paving material as selected by the City. While the width of the major pedestrian walkway d will vary throughout the area, the minimum width should generally be 8 feet along Anderson Lakes Parkway and 5 feet along Lake Eden Drive. Walks adjacent to building will vary from 7 to 10 feet. All other walks in the area shall be concrete. Details will be reviewed and approved by the City. BENCHES Determination of seating locations will be the overlapping responsibility of City and developer. Benches should be located in outdoor areas where people might be most apt to congregate, such as courtyards, plazas, and at intersections of the major pedestrian walks. The construction material should be wood although the specific design will be the responsibility of the developer. This will allow the benches to become a part of that particular parcel. Pedestrian Amenities (continued) BIKE RACKS Because the wide use of bicycles is expected to continue and even increase the provision of bicycle racks is important in the area. Placement of racks along major walkways will be determined by City and developer. TRASH CONTAINERS Containers for trash should be placed periodically throughout the area. In order that the containers be: • Easily recognizable and • Easily serviced it is important that one design be carried throughout the area. It shall be the responsibility of the developer'to install trash containers appropriately in public locations. BUS SHELTERS A shelter will be provided at a selected bus stop and turnout in the area. The MTC will be responsible for the installation of the shelters with City approval. The character of the shelter shall be compatible with the rest of the area. Shelters should incorporate the following features: • Roof • Walls (windbreak) • Bench • Lighting • Route and Schedule Information • Public Telephone where warranted (41z-4w-roils 1-)rio-Nr) "AlVA-2clief /9 —31 -atz-lhno7 Nsca-i-s-x.r) lorx7P19 -A-rdm-actiy irmiekott Q.")4tt dy-amti r:10.9actriv 1-mo-vd) lvtirioliejap40\-taitia H lIoTHX3 Minnesota Department of Transportation District 5 2055 No.. Lilac Drive Golden Valley, Minnesota 55422. June 18, 1980 (612) 545-3761 Mr. Chris Enger, Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 S.P. 2744- T.H. 169 Plat review of Anderson Lakes Parkway Shopping Center located in the southeast quadrant of TB 169 and Anderson Lakes Parkway in part of the north 1/2 of the south 1/2 of the northwest 1/4 of Section 23, Township 116, Range 22 in the City of Eden Prairie, Hennepin County Dear Mr. Eager: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: - We presently have a project under design that will be affected by the proposed plat. I suggest the developer contact our District Design Engineer, Mr. Glen C. Ellis at 545-3761 ext. 177 to work out the details and scheduling between the highway project and the proposed development. - Left turn access to the proposed development should be limited to Anderson Lakes Parkway. The Lake Eden Drive access should be limited to right turns on and off only. This access will probably require a right turn lane and an acceleration lane. These details can be worked out when application is made for an entrance permit. We recommend there be no other direct access to the plat. - It is our understanding that the City is going to provide left turn channelization at Anderson Lakes Parkway. This will greatly improve the safety for traffic generated by this development. - As the property south of this plat is more intensively developed, consideration should be given to extending Lake Eden Drive to the south with a connection to the signalized intersection at the Vo-Tech entrance. An Equal Opporiunity Employer Mr. Chris Enger June 18, 1980 Page 2 If you have any questions in regard to the Above comments, please contact Mr. Evan Green at 545-3761 ext. 119. Thank you for your cooperation in this matter. W. M. Crawford, P.E District Engineer6 cc: Charles Weaver Metropolitan Council Mike Reiter Hennepin County Surveyor's Office IYA 766 - IL WESTWOOD PLANNING & ENGINEERING COMPANY June 3, 1980 Mr. Monroe Levie President, Eden South Home Owners Association 12440 Cockspur Court Eden Prairie, MN 55344 Subject: Anderson Lakes Parkway Commercial Dear Monroe: At our meeting on May 22, 1980, you expressed several concerns which were raised by the Lake Eden South Home Owners Associa- tion Board. As I understand it, their concerns are: 1. Fast food restaurant at this shopping center location 2. Traffic volume and speed on Anderson Lakes Parkway 3. View from the residential area and screening berms 4. Pedestrian access As we indicated at the May 5th meeting, we will make the follow- ing changes to address those problems: 1. Put the fast food restaurant at the south entrance rather than the north entrance. Thus, reducing traffic on Anderson Lakes Parkway. 2. Extend the berm to screen the fast food restaurant and other land uses from the Cockspur Court, Darnell Road area. 3. Support the stipulation that the fast food restaurant close at an early hour (11:00 p.m.). 4. Provide a signing program which outlines the type, design, and size of the signs. 5. Allow the neighborhood to remove the existing trees for re- planting and supply a truck for replanting. 6. Support timing the vo-tech stop light to insure the open gaps between traffic. 7. Change the berming to the satisfaction of the immediate neighbors. /41S WAV/AIA soultvou IMAI MOMS WNW 50111 SVIA 161)i $46001 Rig Mr. Monroe Levie June 3, 1900 Page 2 8. Provide right turn acceleration lanes from the sou t h e n t r a n c e and from Anderson Lakes Parkway. 9. Provide an 8 foot wide pathway to the east propert y l i n e a l o n g Anderson Lakes Parkway. 10. Support the reduction of speed limits on Anderson L a k e s P a r k - ' way to 25 M.P.H. 11. Design the parking lot lights so as not to glare i n t o t h e residential area. In addition to the above, we have checked with th e C i t y E n g i n e e r , Mr. Carl Jullie, concerning tha construction sche d u l e f o r A n d e r s o n Lakes Parkway. He informs me that: 1. A public hearing will be held June 17th fort a. 2 lane (34 ft.) road connecting the two ends of An d e r s o n Lakes Parkway b. Acceleration lane (right turn) unto Flying Cloud Dr i v e c. Left turn bypass lane on Flying Cloud Drive. The s e i m p r o v e - ments do not include a center island on Flying Cl o u d D r i v e or signalization 2. The planned 4 lane divided or undivided parkwa y i s n o t s c h e - duled for construction at this time. 3. Turning lanes and entrance improvements are pl a n n e d f o r c o n - struction next spring. I understand we will be continuing our discussion l a t e r t h i s w e e k or early next week. Please call me so we can set u p a t i m e . Respectfully, 1.1p.i)ooD P ANNIN. & ENGINEERING COMPANY Richard C. Krier, AICP Vice President, Planning RCK:dg Kay Schumach ie,;//, Chris Enger CC: cI approved Minutes-Planning Commission 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 construction of the approved phases. . Levitt inquired if all land within the plat is zoned Office. The Pl a 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 l e g a l description of land conveyed to the City is separate from the plat le g a l . e Levitt asked if two buildings are centemplated upon Lot 1, Block 2. Rosenblatt 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 cro s s 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 bee n d o n e in other communities. Bentley stated he is uncomfortable making a recommendation on off sit e p a r k i n g as it could set a precendent. Emerson Greenberg stated that the plat proposed conforms to the City ' s • previous approvals on the overall site. Bear::a ,. asked if there were other parties than Gelco and the bank to the mortgE:ge. Emerson Greenberg replied negative. Beaman asked if anyone in the audience had questions or comments. N o n e were raised. Motion 1 Levitt moved, Gartner seconded, to close the public hearing on the Ge l c o First Addition. Motion carried unanimously. Motion _2 1-_-efff moved, Gartner seconded, to recommend to the City Council approval of the preliminary plat dated May 19, 1980 as per the staff report of J u n e 4, 1980. Motion carried unanimously. ANDERSON LAKES PARKWAY NEIGHBORHOOD SHOPPING CENTER, by Eden Prairie Real istate Investment Corporation. Request for PUD concept approval , rez o n i n g from Rural to C-Com, and preliminary plat approval. Located in the So 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 locatio n , p a s t meetings with neighborhood, site character, location of buildings, pro p o s e d access points, landscaping,and bemning.as they are outlined in the su b m i s s i o n material. Mr. Krier then presented the Commission with copies of the p r o j e c t ' s proposed design standards which will control building design, lightin g , planting material, signage, etc. 11)1C2 Unapproved Minutes-Planning Commission -3- • June 9, 1980 Mr. Benshoof, Westwood Planning & Engineering, reviewed the t r a f f i c s t u d i e s conducted to determine the amount of traffic the proposed pr o j e c t w o u l d generate. He estimated 353 daily trips to the commercial dev e l o p m e n t . He noted that the connection of Anderson Lakes Parkway to the E a s t w i l l in itself increase traffic at Anderson Lakes Parkway and US 1 6 9 . H e s t a t e d that the present traffic grade and the projected traffic grad e ( w i t h i m p r o v e - ments installed) is an 'A'. The Planner clarified the traffic information submitted as assu m i n g a light controlled intersection. Mr. Krier stated the developer will share in the cost of necessary improve- ments ind will contribute the $20,000 for a temporary signal. The Planner then reviewed the staff report and commented that t h e d e s i g n standards submitted tonight are broad. The Planner then summ a r i z e d t h e proposed improvements to the intersection. Bentley inquired who would assume the cost of the Lake Eden Drive connection to US 169 and the street construction through the proposed comm e r c i a l . Mr. Krier replied the developer. Bearman expressed concern that without specific building plan s t h e C i t y m a y end up with unimaginable land uses. He asked how high the build i n g s w o u l d b e . Mr. Krier stated the sight line views depicted show 18 foot h i g h b u i l d i n g s . Retterath inquired if the restaurant users are known at this time. Mr.Schumacher , Eden Prairie Real Estate Investment Company, replied negativ e . Levitt felt zoning upon the entire site is premature Lt this t i m e s i n c e o n l y 1 building may be constructed at a time. Sutliff asked if each proposed building is located upon a se p a r a t e l o t . The Planner replied yes. Torjesen asked if buildings higher than 18 feet ( 30 feet all o w e d i n o r d i n a n c e ) could be built after City approval. The Planner believed t h e h e i g h t c o u l d be stipulated in the developer's agreement as has been done in o t h e r p r o j e c t s . Bob Lamoreaux,8905 Darnel Road, stated that the signal is need e d n o w a s t h e intersection is presently very dangerous. Monroe Levie,President,Eden South Homeowners Association, 124 4 0 C o c k s p u r C o u r t , listed the following concerns: fast food establishnent is u n d e s i r a b l e , prefer to have semi-trucks prohibited from the area ( perhaps a l l o w e d t o s t o p along US 169), and the current traffic conditions are hazardo u s . H e s t a t e d t h a t the developer has agreed to relocate the fast food restaurant f r o m t h e northern end to the southern end and sign the fast food exit to e n c o u r a g e trips to exit via Lake Eden Drive instead of Anderson Lakes P a r k w a y . Fred Montana, 12525 Crowfoot Court, asked how far cast Anderso n L a k e s P a r k w a y would be extended. The Planner replied it would be extended f r o m i t s p r e s e n t termination in Ridgewood to The Preserve where it is in plac e t o C o . R d . 18. Montana then asked if the commercial development would requi r e c o n s t r u c t i o n of 4 lanes to Anderson Lakes Parkway. The Planner replied negativ e . ff.) approved Minutes-Planning Commission -4- June 9, 1980 Jim Peterson,8946 Darnel Road, asked who decided that a commercial deve l o p - ment was needed at this intersection. The Planner replied through City wide meetings, recommendations from staff and commissions, and finally a d o p t i o n of a Guide Plan by the City Council, this area was identified for a ne i g h b o r h o o d commercial site. Mr. Cornett, 8745 Darnel Road, felt that restaurants opening in the ea r l y m o r n - ing would augment the already congested traffic at the intersection. Mr. Nyberg, 8965 Darnel Road, felt the traffic analysis given has igno r e d t h e continual increase of traffic along US 169 from southern communities, and that if and when a commercial project is developed(3-4 years from now) t h e t r a f f i c will even be greater. Torjesen asked if Outlot A is part of the PUD request. The Planner replied negative ; adding that it is not part of the zoning request, only a part of the plat. Mr. Schumacher stated he has committed to the residents that Outlot A wil l n o t be used for a fast food or retail establishment. Motion 1 Bentley moved, Retterath seconded, to close the public hearing on the An d e r s o n Lakes Parkway Neighborhood Shopping Center. Motion carried unanimously. Motion 2_ Bentley moved, Gartner seconded, to recommend to the City Council approv a l o f the PUD Concept dated May 12, 1980 as per the staff report of June 5,198 0 . Motion carried 6:1 with Bearman voting nay. Motion 3 Bentley moved, Sutliff seconded, to recommend to the City Council denia l o f the zoning and platting requests with consideration of the zoning and p l a t t i n g upon resolution of the intersection improvements and signal installatio n a n d only upon submission of development plans for each lot to be developed. Discussion: Bearman felt unclear of the lot line delineations in the brochure. Levitt questioned the separate action upon the PUB and zoning & plattin g ; and suggested perhaps zoning upon each lot as it was ready for developm e n t could be made. Bentley and Sutliff agreed to withdraw Motion 3. Motion 4 Bentley moved, Levitt seconded, to recommend to the City Council appro v a l o f t h e preliminary plat dated May 12, 1930 as per the staff report of June 5, 1 9 8 0 . Torjesen moved, Sutliff seconded to amend the motion to include the dev e l o p e r 's commit- ment to prohibit fas food or retail establishment development upon Out l o t A . 'Pmendment carried. Motion as amended carried 5:2 (Beaman, Retterath voted nay) . Motion .5 Bentley cloyed, Retterath seconded, to recommend to the City Council de n i a l o f t h e zoning until resolution of the intersection and signals, and submissio n o f r._ 1-a /_n rAii MEMORANDUM TO: FROM: DATE: SUBJECT: PROJECT: Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Community Services June 12, 1930 Development Proposal Check List Anderson Lakes Parkway Neighborhood Shopping Center PROPONENT: Eden Prairie Real Estate Investment Corporation & Western Petroleum Co. REQUEST: Preliminary platting of 17.28 acres of land into 4 commercial lots, a street right-of-way and a 5.126 acre outlot. PUB approval and rezoning from Rural to C-Corn of 12.15 acres for Z0,000 sq. ft. of neighborhood shopping, a family restaurant and a Tat-f-foo—d-T•estaurant. LOCATION: Southeast corner of Anderson Lakes Parkway and U.S. 169/212 BACKGROUND: See Planning Staff Report of June 5, 1980 CHECKLIST: 1. Adjacent to parks? (Neighborhood, Community, Regional) No Affect on park: N/A 2. Adjacent to public waters? No Affect on waters: N/A 3. Adjacent to trails? 8' asphalt bikeway on south side of Anderson Lakes Parkway Type of trails: (bike, multi-use, transportation, etc.) multi-use Construction: (asphalt, concrete, wood chips, aglimc) asphalt Width: 8 ' Party Responsible for construction? City Landownership: (dedicated, density tradeoff, etc.) right-of-way Type of Development? (residential, commercial, industrial) Commercial • Where will CASH PARK FEE go? (what neighborhood) Lake Eden Neighborhood Park Need for a mini-park? No -2 - 5. REFERENCE CHECK: a. Major Center Area Study: N/A b. Neighborhood Facilities Study: N/A c. -Purgatory Creek Study: N/A d. Shorcland Management Ordinance: N/A a. Floodplain Ordinance: N/A f. Guide Plan: See Planning Staff Report of June 5, 1980 g. Other: 6. Existing or pending assessments or taxes on proposed park property: N/A 7. CASH PARK FEE? Cash park fee applicable at time of huilding_pormit issnlacc-abould be paid. 8. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against proposal: Some neighborhood opposition evressrd at rbr Planning Commission. 9. Number of units in residential development? NIA Number of acres in the project? 17.28 Special recreation space requirements:N/A 10. STAFF RECOMMNDATIONS: Staff recommends approval of the PUB subiecr to site plan modifications set forth in the Planning Staff Report of dune S, lasn, nM approval of the preliminary plat. Community Services staff recommends delaying approval for rezoning subject to the site plan modification as per the Planning Staff Report of June 5, 1980, which would include resolving questions regarding the traffic signal and after reviewing specific plans for each lot to be rezoned. nez Minutes - Parka, Recreation &* Natural Resources Commission unapproved -6- Juno 16, 1980 MOTION: Davo Anderson moved to recommend to the Council approval of Bryant Lake View Estates per the Planning Staff report of June 6, 1980. R. Johnson seconded the motion and it carried unanimously. A 5 minute recess was called at 9:00 p.m. o. Anderson Lakes Parkway Neighborhood Shopoing Center Dick Crier of Westwood Planning & Engineering Co., was present . representing the developer Eden Prairie Real Estate Investment Corp., and Western Petroleum Co. He described the 17.28 acre project located on the S.E. quadrant of Anderson Lakes Parkway and Highway 169, as planned for neighborhood commercial development. The development will include 2 restaurants and a 30,000 sq. ft. commercial building. Crier said an 8 foot asphalt bikeway and sidewalk is planned along Anderson Lakes Parkway. The pond on this property is not a protected body of water according to the BR, and the developer plans to fill and dredge a portion of it and maintain the rest of it. Crier said significant landscaping is planned around the pond to maintain the stability of the bank. Crier referred to the site plan indicating a restaurant adjacent r, to the pond and a large parking lot with landscaping and berming along the edges of the lot to shield it from the nearby residents. Breitenstein expressed concern with access to Highway 169 from Anderson Lakes parkway. Crier said the developer is also concerned and has agreed to pay $20,000 for a light at that point (this amount does not include turn lanes). Pond asked if that light would definitely be installed--is it "warranted" as far as the State is concerned. Crier said there must be 10 warrants according to the State before a light will be put in with the State's participation in funding. This does not moan that a light, i it does not meet the 10 warrants, cannot bo put in using other funding sources (such as the developer in this case). Crier expects that whatever is put in at this point will be temporary until the other adjacent lands are developed. Crier feels putting in a temporary light will help the traffio problem for the time being and then when more developAent occurs those involved can take the next step to solve a more complicated traffic problem.' MOTION: David Anderson moved to recommend to the Council approval of the Anderson Lakes Parkway Neighborhood Shopping Center per Planning Report of June 5, 1980. Broitenstein .neconded tho motion and it carried unanimously. 02. Barry Boss Monroe Levie 900 Rodisson Center Minneapolis. Minnesota 55902 612•341-2861 Chris Enger City Planning City of Eden Prairie Eden Prairie, Minsesota Dear Chris: 1 am writing in follow up to our recen t c o n v e r s a t i o n s t o b r i e f l y s u m m a r i z e t h e reaction of the Board of Directors o f t h e L a k e Eden South Homeowners Association to the proposed commercial' developm e n t a t 1 6 9 a n d A n d e r s o n L a k e s P a r k w a y , a n d t h e extension of the Parkway eastward to t h e P r e s e r v e . I am planning to attend the upcoming meetings of the Planning Commission and the City Co u n c i l and will be pleased to amplify on these items. 1. Commercial development designed to s e r v e t h e n e e d s o f t h e a d j a c e n t n e i g h b o r h o o d is to be encouraged 2. A high traffic fast food restaurant i s n o t d e s i r e d . A s i t d o w n , f a m i l y s t y l e restaurant is preferred. 3. The intersection of 169 and Anderson L a k e s P a r k w a y m u s t b e s i g n i f i c a n t l y u p - graded to manage expanded traffic an d t o c o r r e c t t h e p r e s e n t d a n g e r s t o t r a f f i c entering and exiting from the neighb o r h o o d . N e c e s s a r y i m p r o v e m e n t s i n c l u d e : t u r n i n g island and yellow light to protect 1 6 9 s o u t h b o u n d v e h i c l e s t u r n i n g l e f t o n t o t h e Parkway; a right turn and accelerati o n l a n e f o r v e h i c l e s e x i t i n g t h e P a r k w a y o n t o 169; timing of stop lights at Vo Tec h a n d t h e s h o p p i n g c e n t e r t o a l l o w m o r e t i m e for traffic to safely turn left from A n d e r s o n L a k e s P a r k w a y o n t o 1 6 9 . 4. Traffic along the Parkway after exte n s i o n t o t h e P r e s e r v e m s u t be speed restricted due to the great number of children i n t h e a r e a a n d t h e a n t i c i p a t e d i n c r e a s e i n t r a f f i c to and from the commercial developme n t . 5. A sidewalk is needed along the Parkway t o a l l o w p e d e s t r i a n t r a f f i c t o t h e c o m m e r c i a l development. The cost of installati o n a n d m a i n t e n a n c e o f t h e w a l k w a y s h o u l d n o t b e born by the residents immediately adj a c e n t o r t h e h o m e o w n e r a s s o c i a t i o n . 6. The commercial development should op e r a t e o n r e s t r i c t e d h o u r s ; n o t a 2 4 h o u r basis. 7. The proposed berm to divide the com m e r c i a l a r e a f r o m a d j a c e n t h o m e s m u s t b e sufficiently tall and well planted so a s n o t t o r e d u c e p r o p e r t y v a l u e s . 8. Semi-trailer and other large truck t r a f f i c s h o u l d b e a l l o w e d , i f p o s s i b l e , to park on 169 rather then enter the co m m e r c i a l d e v e l o p m e n t . a s n o w p l a n n e d . I greatly appreciate the time and at t e n t i o n y o u have given to this subject. It 23 SMS LD-80-PUD-10 7/80 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 80-125 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOP- MENT OF LAKES PARKWAY NEIGHBORHOOD SHOPPING CENTER WHEREAS, the City of Eden Prairie has by virtue of Ordinance 135 pro- vided for the Planned Unit Development (PUD) of certain areas located within the City, and WHEREAS, the City Planning Commission did consider the PUD and made a recommendation in favor of the PUD to the City Council approving said PUD as per the staff report of June 5, 1980 WHEREAS, the City Council of the City of Eden Prairie did hold a public hearing on July 15, 1980 to consider said PUD approval. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota as follows: 1. The Anderson Lakes Parkway Neighborhood Shopping Center PUD, being in the County of Hennepin and the State of Minnesota, and legally described as outlined in Exhibit A attached hereto and made a part hereof. • 2. The City Council does give conceptual land use approval of the PUD based upon the staff report of June 5, 1980. ADOPTED by the City Council of the City of Eden Prairie this _ day of , 1980. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION-NOR80-126 RESOLUTION APPROVING THE PRELIMINARY PLAT OF ANDERSON LAKES PARKWAY NEIGHBORHOOD SHOPPING CENTER BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Anderson Lakes Parkway Neighborhood Shoppipg Center, dated May 12, 1980 , a copy of which is attached hereto and amended as follows: is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the day of 19__. Wolfgang 147Penzel, Mayor John D. Frane, City Clerk SEAL TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: July 11, 1980 RE: M.I.D.B.'s Braun - Kaiser Company $2,300,000 Braun - Kaiser, a general partnership, is asking the City to authorize $2,300,000 of Industrial Revenue Bonds which may be offered for public sale. The partnership intends to build a 75,000 square foot office/warehouse facility which would be leased to Braun's Fashions. Braun's Fashions estimates their employment to be 133 persons. The last two years earnings before taxes of Braun's show a 3+ coverage of yearly principle and interest. The project has an estimated cost of $2,400,000. Resolution No. 80-133 is attached for your consideration. C. Thomas C. Braun Alan G. Braun , G. A. Kaiser Nick Cook Dale Adolf (becoming additional shareholder) -1 - d. C. f. g. CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANT: a. Business Name - BRAUN-KAISER COMPANY, a Minnesota General Partnership (Lessor) Braun's Fashions, Inc. (Lessee) • Business Address - 7630 Excelsior Boulevard, St. Louis Park, Minnesota 55426 c. Business Form (corporation, partnership, sole proprietor- ship, etc.) - Lessor - general partnership Lessee - corporation d. State of Incorporation or organization - Lessor - Minnesota general partnership Lessee - Minnesota e. Authorized Representativp - Lessor - G. A. Kaiser Lessee - Alan G. Braun, V.P. - Secretary f. Phone - 'Ldssor - 933-6161 Lessee - 933-6161 2.1 NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: Lessor - Partner Lessee - Shareholders e. Gil C. Braun a. Gil C. Braun b- Lou Ella graun b. Lou.Ella Braun c. Thomas C. Braun d. Alan G. Braun e. G. A. Kaiser 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL —. PRODUCTS, ETC: Lessor - ownership of real property leased to Braun's Fashions, Inc. Lessee - retail sale of women's wearing apparel 4. .DESCRIPTION OF PROJECT a. Location and intended'use: 10080 Valley View Road, Eden Prairie, Minnesota; Industrial Warehouse for storage and distribution of merchandise and related general offices. b. Present ownership of project site: Dominic Sciola, Contract for Deed Purchaser c. Names and address of architect; engineer, and general contractor: Rauenhorst Construction 5. ESTIMATED PROJECT COST FOR: Land Building Equipment Other 6-4 $ 300,000.00 $ 1,850,000.00 250,000.00 2,400 000 00 $ • , . • -2- ma .0 . yaw ••• • le` $*7;01.dA Total so') 6. BOND ISSUE - a. Amount of proposed bond issue - $2,300,000.00 b. Proposed date of sale of bond - August 15, 1980 c. -Length of bond issue and proposed maturities - 30 years d. Proposed Original purchaser of bonds - If public offering - Juran f. Moody Inc. If privately placed - Northland Mortgage Company will undertake to find an institutional purchaser. e. Name and address of suggested trustee - If public offering - First National Bank of Minneapolis f. Copy of any agreement between Applicant and original purchaser - See letter from Juran & Moody Inc. submitted herewith g. Describe any interim financing sought or available - If public offering j.nterim financing will be from acquisition fund. If privately placed a tax eiempt construction loan will be sought from a Commercial Ear*. h. Describe nature and amount of any permanent financing in addition to bond financing - None 7. BUSINESS PROFILE OF APPLICANT. a. Are you located in the City of Eden Prairie? Lessee - Retail store at Eden Prairie Shopping Center, considering second location at same center. .b. Number of employees in Eden Prairie? i. Before this project: Lessee - 8 -3- ...:•=7:=7**77 7.7",7"!'"r`,-"""7"."1"_ ii. After this Project? pessee - 133 e. Approximate annual sales - Lessee - $19,773,298 F.Y.E..March 1, 1980 for all locations d. Length of time in business Lessee - incorporated 19e1, prior sole proprietorship - Lessor - 1977 in Eden Prairie Lessee - retail store since 1977 e. Do you have plants in other locations? If so, where? St. Louis Park - to be replaced by this Project f. Are you engaged in international trade? . No B. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "relented person" within the meaning of Section 103(b)(6) of the Internal Revenue Code. None -4- f b. List all cities in which the Applica n t h a s r e q u e s t e d ' industrial revenue development finan c i n g . None. c. Detail the status of any request the A p p l i c a n t h a s b e f o r e any other city for industrial develo p m e n t r e v e n u e f i n a n c i n g . None d. List any city in which the Applicant h a s been refused industrial development revenue financ i n g . None e. List any city (and the project name) w h e r e t h e A p p l i c a n t • has acquired preliminary approval t o p r o c e e d b u t i n w h i c h final approval authorizing the financ i n g h a s b e e n d e n i e d . None -5- x. If Applicant has been denied .industrial.development'' revenue financing in any other city as i d e n t i f i e d in (d) or (c), specify the reason(s) fo r t h e d e n i a l and the name(s) of appropriate city off i c i a l s w h o have knowledge of the transaction. Not Applicable NAMES AND ADDRESS OF: a. Underwriter (If public offering) Juran & Moody Inc., 114 E. 7th Street, St. Paul, Minnesota 5 5 1 0 1 b. Private Placement Purchaser (If privat e p l a c e m e n t ) Northland Mortgage Company, 6600 France A v e n u e S o u t h , E d i n a , Minnesota 55435 - will undertake to fin d a n i n s t i t u t i o n a l buyer for the bonds. i. If lender will not commit until City has ' passed its preliminary resolution ap p r o v i n g the project, submit a letter from propo s e d lender that it has an interest in the offering subject to appropriate City approval and approval of the Commission e r of Securities. b. Bond Counsel - Thompson, Nielsen, Klaverkamp & James, P.A. 4444 IBS Center, 80 South Eighth Street, MinneapoliY; MN 55402 c. Corporate Counsel - Coiner & Rice, 630 Shelard Tower; St. Louis Park, Minnesota 55426 d. Accountant - George M. Hanson Company, South Plaza Buildino, Minneapolis, Minnesota 55416 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start - September 1, 1980 b. Construction completion - April 30, 1980 FOR FURTHER INFORMATION CONTACT: The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial Development bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provision or requirement relating to any zoning, building, or other rirle or ordinance of the City of Eden Prairie, or any other law ' applicable to the property included in this project. Applicant BRAUN-KAISER COMPANY partner -7- -8- i63 11. ZONING - TO BE COMPLETED BY THE CITY PLANNING DEPARTMENT a. Property 19 zoned - Rural b. Present zoning ecto (is not) correct for the intended use. approved by planning commission April 28, l9E c. Zoning application RRARAMR4x9A for 1-2 which 2S correct for the intended use. d. Variances required - None L. t CM O CN T e Or TN Application must be snbmitted so Commission e r i n d u p l i c a t e STATE OF MINNESOTA DEPARTMENT OF COMMERCE - SECURITIES D I V I S I O N APPLICATION FOR APPROVAL OF MUNICIPAL INDUSTRIA L R E V E N U E B O N D P R O J E C T Date To: - Minnesota Department of Commerce Securities Division 500 Metro Square Building St Paul, Minnesota 55101 The governing body of Eden Prairie County of Hennepin Minnesota, hereby applies to the Commissioner o f t h e S t a t e o f M i n n e s o t a , S e c u r i t i e s D i v i s i o n o f t h e Department of Commerce, for approval of thi s c o m m u n i t y ' s p r o p o s e d m u n i c i p a l I n d u s t r i a l R e v e n u e Bond Issue, as required by Section 1, Subdivisio n 7 , C h a p t e r 4 7 4 , M i n n e s o t a S t a t u t e s . We have entered into preliminary discussions wi t h : FIRM BRAUN-KAISER COMPANY (Lessor) Braun's Fashions, Inc. (Lessee) ADDRESS 7630 Excelsior Boulevard CITY St. Louis Park STATE Minnesota 55426 Solcofinco,pormion Minnesota General Partnership ( L e s s o r ) ) Minnesota (Lessee) Thompson, Nielsen, Klaverkamp & James , P. A . Attorney Rick Ma ssopust/Robert LevFddress 4444 IDS center, Mpls., MN 55402 blameofProject BRAUN-KAISER COMPANY, Lesso r / B r a u n ' s F a s h i o n s , Inc., Lessee Project This firm is engaged primarily in (nature of busin e s s ) : BRAUN -KAISER COMPANY is engaged pri- , in ownership of real property f o r l e a s e t o B r a u n ' s F a s h i o n s , I n c . , a n d 'S Fashions, Inc. is engaged primarily in the retail sale of w o m e n ' s w e a r i n g apparel The funds received from the sale of the Industr i a l R e v e n u e B o n d s w i l l b e u s e d t o ( g e n e r a l n a t u r e o f project): Acquisition of land and construction thereo n o f an approximately 75,000 square foot industrial warehouse. It will be located in Eden Prairie, Minnesota The total bond issue will be approximately S . 2 • 300 00 0 . 00 to be applied toward paymen t o f costs now estimated as follows: Cost Item Land Acquisition and Site Development Construction Contracts Equipment Acquisition and Installation Architectural and Engineering Fees Legal Fees Interest during Construction Amount $ 300,17nn nn .R5O—Ofin no 300 000.00 1.11C1ulzsl in cost. csult.x_sicIlL 4n.o_on on -n- Initial Bond Reserve —2-ILL,J1DIL.110 Contin9encies EtaLOI0 lk9)S 00 July 15, 1980 ;TATE OF MINNESOTA :ITY OF EDEN PRAIRIE :OUNTY OF HENNEPIN [he following accounts were audited and allowed as follows: ?305 ?306 2307 ?308 ?309 2310 ?311 2312 2313 2314 2315 2316 2317 2318 2319 2320 232V 2322 2323 2324 2325 2326 2327 2328 2329 2330 2331 2332 2333 2334 2335 2336 2337 2338 2339 2340 2341 2342 2343 2344 2345 234f 234, 2348 2349 2350 2351 HENNEPIN COUNTY RECORDER JOHNSON BROTHERS WHOLESALE LIQUOR TWIN CITY WINE CO. GRIGGS, COOPER, & CO., INC. PAUSTIS & SONS TWIN CITY WINE CO. . OLD PEORIA COMPANY, INC. MIDWEST WINE COMPANY JOHNSON WINE CO. INTERCONTINENTAL PACKAGING CG. KINGS COURT AMTRAK MY PIE PRAIRIE VILLAGE MALL ASSOCIATES HOPKINS POSTMASTER CAPITOL CITY DISTRIBUTING CO., INC. POSTMASTER MRPA PEPPERMINT TENT MARCELYN SMALE KINGS COURT INSTY PRINTS MIDWEST WINE CO. OLD PEORIA COMPANY INC. PAUSTIS & SONS MINNESOTA DISTILLERS, INC. EAGLE WINE CO. POSTMASTER HENNEPIN COUNTY FEDERAL RESERVE BANK VOID OUT CHECK AETNA LIFE INSURANCE & ANNUITY CO. UNITED WAY OF MINNEAPOLIS PERA INTEROTIONAL UNION OF OPERATING STATE TREASURER, SOCIAL SECURITY GOPHER MOTOR 'ACRO-MINNESOTA, INC. AMERICAN NATIONAL BANK & TRUST CO. AMERICAN WATER WORKS ASSOCIATION EARL F. ANDERSEN & ASSOCIATES, INC. TODD ANDERSON AUDIO BRANDON FILMS, INC. AUTO-HOWE WAREHOUSE CO. WM. A. AUTREY JASON BAUMGARTNER WALTER BIELSKI Warrenty deed copies-Park dept Liquor Wine Liquor Wine Wine Liquor Wine Wine Wine Racquetball clinic-Leisure Challenge Expenses-Summer Fun Expenses-Teen Work Program . Rent Postage Beer Postage Valley Fair-Summer Fun Expenses-Munchkins Musical trolley-Munchkins Racquetball clinic-Leisure Challenge Postcards printed for Watering ban Wine Wine Wine Liquor Wine Postage Aerial maps-Assessing dept Payroll Payroll Payroll Payroll Dues 2nd Quarter 1980 FICA Engine blocks-Park dept Office supplies Destroying Swr & Wtr Improvement bids 1975 Subscription-Water dept Signs Refund-Rec dept Film-Rec dept Spotlight-New squad car Employment exam-Engineering dept Refund-Rec dept Wages for taking inventory-Liquor store 3.00 294.99 26.17 904.15 269.68 560.43 739.50 873.24 • 461.08 117.57 24.00 468.75 , 97.83 1,914.13 • 92.20 .138.10 390.00 569.00 66.25 111.51 24.00 59.76 63.10 1,556.18 212.00 1,924.71 785.48 189.00 300.00 13,779.95 205.00 29.50 9,438.83 276.00 36,877.98 , 40.00 77.67 1 25.00 ; 5.00 64.50 30.00 46.00 40.89 41.00 16.80 15.00 age( o uly 15, 1980 Refund-Rec Dept 8.00 Mileage & postage 83.42 Refund-Rec Dept 1.75 Service-Cardinal Creek 2nd addition 22,537.62 Service-Hiawatha Avenue 19,525.86 Service-Trunk Hwy 5, West 78th Street & 34,936.39 Mitchell Road Service-High Trails Estates Utilities 120,753.91 , Service-Martin Drive 663.20 Film-Assessing dept 226.90 Rock .1,572.69 Refund-Rec dept 1.75 Refund-Rec dept 13.00 Lawn application-Water dept 306.50 Equipment repair & parts 581.05 Softball State tournament 160.00 Refund-Rec dept 25.00 Supplies-Teen Center 17.09 Tests 91.00 Exercise classes-Rec dept .156.00 Equipment repair & parts 111.66 Hi line tape-Community services 62.32 Refund-Rec dept 8.40 Refund-Rec dept 4.00 Quicklime-Water dept 3,347.79 Rings-Equipment maintenance dept 15.12 Wages for taking inventory-Liquor store 15.00 Mileage & expenses 84.54 Paint-Water dept 256.80 Batteries-Fire dept 49.92 Refund-Rec dept 20.00 Office supplies 118.68 Softball official-Rec dept 11.00 Service-Bryant Lake park 28,228.45 Pop-Rec dept 16.57 Legal ads 283.66 Service 60.50 Refund-Building dept 50.00 Loading dock hoist slings-Water dept 50.64 Sewer cover-Sewer dept 150.00 ! Sulfate-Water dept 4,048.15 ! Strobe lights-Fire dept 138.68 i Air compressor repairs-Water dept 1,445.20 i Wheel barrow, hoe, trowel, rubber gloves, 327.84 1 lumber for concrete forms-Water dept, lumber for new squad car Softball official-Rec dept 11.00 Service-Shady Oak Industrial Park Phase II 93,995.77 Equipment repair & parts 154.87 Paint-Park dept 102.50 Refund-Rec dept 12.00 /IV 352 PATRICK BIRKE 353 RAE BLY 354 JENNIFER BROWN 355 BROWN & CRIS, INC. 356 BROWN & CRIS, INC. 357 BROWN & CRIS, INC. 358 BROWN & CRIS, INC. 359 BROWN & CRIS, INC. 360 BROWN PHOTO 361 BRYAN AGGREGATES, INC. 362 ADAM BUSHARD 363 CAROL CARLSON 364 CHEMLAWN 365 CHANHASSEN AUTO PARTS 366 MINNESOTA RECREATION & PARK ASSOC. :367 CHARY CHEPURI 368 TODD CHERLUND !369 CITY OF EDINA !370 CLASSES UNLIMITED !371,. CLUTCH & U-JOINT BURNSVILLE, INC. !372k COPY EQUIPMENT INC. !373 TARA COSTELLO 1374 MICHAEL CUCCIA !375 CUTLER-MAGNER COMPANY 1376 CYLINDER CITY, INC. 1377 GERTRUDE L. DAHLBERG 1378 WARD F. DAHLBERG 1379 DALCO 1380 DASCO INC. 1381 ELIZABETH DENTON 1382 DORHOLT PRINTING & STATIONERY 1383 CHUCK DOWNER 1384 W.J. EBERTZ 1385 EDEN PRAIRIE GROCERY 2386 EDEN PRAIRIE NEWS 1387 EDEN PRAIRIE SANITATION CO 2388 ELFERING CONSTRUCTION 2389 ELVIN SAFETY SUPPLY, INC. 2390 ESS BROTHERS & SONS INC. 2391 FEED-RITE CONTROLS, INC. 2392 FIRE SAFETY & COMMUNICATIONS CORP 2393 JOHN HENRY FOSTER COMPANY 2394 FRONTIER LUMBER & HARDWARE 2394 KAREN FUCHS 2396 G.L. CONTRACTING, INC. 2397 GENERAL COMMUNICATIONS, INC. ?398 GLIDDEN PAINT 2399 MARGARET GREENLAND )aget: July 15, 1980 46.71 60.66 277.12 30.37 22.00 11.00 2,699.93 32.00 2400 GROSS INDUSTRIAL SERVICES 2401 GUNNAR ELECTRIC COMPANY INC. 2402 HACK CHEMICAL COMPANY 2403 FRED HAFFNER 2404 DAVE HALVERSON 2405 DARMAN HAYES 2406 HENNEPIN COUNTY FINANCE DIRECTOR 2407 HENNEPIN TECHNICAL CENTERS 2408 G.A. HOFF PLUMBING 2409 JEFF HOLTE 2410 HONEYWELL INC. COMMERCIAL SERVICES 2411 HONEYWELL INC 2412 HOPKINS DODGE SALES, INC. 2413 HOPKINS PARTS COMPANY 2414 WILLIAM K. HORNIG 2415 IBM 2416 INGRAM EXCAVATING 2417 IMPERIAL INC. 2418 J & R RADIATOR COPR 241f KRISTIN JANUS 242L ERIC JENSEN 2421 KARULF HARDWARE INC. 2422 CHRISITE KENYON 2423 KOKESH ATHLETIC & GOLF SUPPLIES 2424 KRAEMER'S HOME CENTER 2425 JENNIFER KRATZ 2426 PAUL KUJAWA 2427 LABELLE'S DISTRIBUTING 2428 M.E. LANE, INC. 2429 LARSON ENGINEERING 2430 LEAGUE OF MINNESOTA HUMAN RIGHTS 2431 LEEF BROTHERS INC. 2432 NANCY LINDERT 2433 LONG LAKE FORD TRACTOR 24( 24,1, M M INDUSTRIES, INC. LUND PAINT & DECORATING JERRY MAAS 2436 MEDICAL OXYGEN & EQUIPMENT CO. 2437 ME1R0 FONE COMMUNICATIONS, INC. 2438 METROPOLITAN WASTE CONTROL COMMISSION 2439 Services Equipment repair & parts Lab supplies-Water dept Expenses-Fire dept Softball official -Rec dept Softball official-Rec dept Equipment rental-Chipper Tuition-Fire dept Equipment repair & parts-Historical Culture 72.00 Instructor-Rec dept 150.00 Air conditioner repairs-Water dept 50.75 Service 1,222.75 Equipment repair & parts 1,057.74 Equipment repair & parts 167.38 Mileage 83.60 Repairs-Police dept 75.20 Haul rock-Valley View Trails 1,224.00 Hydrant marking hardware-Water dept, 465.04 cotter pins-Equipment maintenance dept Recore radiator-Equipment maintenance dept 102.51 Refund-Rec dept 2.00 Refund-Rec dept 2.00 Batteries, padlock-Sewer dept, belts-, padlock 973.31 blades, sandpaper, sprayer, flashlight bulbs, Water dept, keys-Engineering dept, staple gun, flashlight, batteries-Building dept, padlock, car wax, keys-Police dept, hose hangers, paint, insect strip, bolts-Fire dept, impact sprinkler, hoses-lawn maintenance P.W & Fire bldg, concrete- Drainage, paint, brushes-Equipment maintenance, bolts & nuts, paint, padlock, rope, nails, spade, clothesline, chairs-Park dept Refund-Rec dept 6.00 Baseball caps, shirts-Rec dept 29.50 Rivet gun, hose, paint-Fire dept, hitch, 221.09 wire-Park dept Refund-Rec dept 12.00 Mileage 135.00 Coleman jug, Nerf football-Rec dept 85.84 Insurance 126,261.00 Lamps & bulbs-Police dept 153.00i Dues 45.50i Service 124.58' Refund- Rec dept 13.00 Mower & post hole digger-Park dept 78.51 Paint-Hockey rinks 108.721 Powder car wash 201.6(j Softball official-Rec dept 33.0(i Oxygen 23.1i.1 Service 59.(YI Service 21,592.7: IZ8`6 'age July 15, 1980 !440 ?441 !442 ?443 ?444 ?445 ?446 ?447 !448 ?449 ?450 ?451 ?452 2453 2454 ?455 ?456 2457 2458 2459 246Q, 2461 2462 2463 2464 2465 2466 2467 2468 2469 2470 2471 2472 2473 2474 2475 2476 2477 247? 247S 2480 2481 2482 2483 METROPOLITAN WASTE CONTROL COMMISSION MIDWEST ASPHALT CORPORATION MILLER/DAVIS COMPANY MINNEAPOLIS STAR & TRIBUNE CO. MINNESOTA FIRE INCORPORATED MINNESOTA GAS COMPANY MINNESOTA MFOA MINNESOTA MUNICIPAL LIQUOR STORE MINNESOTA STATE TREASURER MINNESOTA TORO, INC. RAY MITCHELL MODERN TIRE COMPANY NEENAH FOUNDRY COMPANY SHELEEN NELSON NODLAND ASSOCIATES, INC. NODLAND ASSOCIATES, INC. BOB NORMAN KEN NORTON NORTHERN STATES POWER COMPANY NORTHWOOD GAS CO., INC. NORTHERN CONTRACTING CO. NORTHERN CONTRACTING, INC. NORTHERN CONTRACTING COMPANY NORTHWESTERN BELL NORTHWESTERN COSTUME HOUSE NORTHWESTERN NATIONAL BK OF MPLS TODD OLSON OLSEN CHAIN & CABLE LAYNE ORLLOFF PEPSI/7-UP BOTTLING CO. PERBIX, HARVEY, SIMONS & THORFINNSON PRAIRIE OFFSET PRINTING, INC. RAPID COPY, INCORPORATED RIDGE DOOR SALES COMPANY OF MINNESOTA RIEKE-CARROLL-MULLER ASSOCIATES ANDREW REAVES PAUL ROGERS GEORGE ROLES MRS. ALEC RUTH ST. REGIS PAPER COMPANY SATELLITE INDUSTRIES, INC. SCHMIDT SOD COMPANY CATHY SCHNACKENBERG SCHOELL & MADSON, INC. May 1980 SAC Charges 33,239.25 Blacktop 11,152.93 Legal forms-Assessing dept 2.70 Employment ads-Water dept 20.30 Equipment-Fire dept 49.63 Service 18.78 1 Dues 10.00 1 Dues 100.00 ! Overpayment received from state grant-Park . 492.35 Tire-Park dept,repair distributer 70.77 Conference-Fire dept 60.07 Equipment repair & parts 378.41 Storm cover & frame-Topview Park 97.00 Refund-Rec dept 2.00 Service-Chatham Wood addition 72,568.62 Service-Lake Trail estates Swr & Wtr 11,809.81 : Softball official 11.00 ! Softball official 11.00 i Service 565.29 ! Gas cylinder . 6.49 i Service-Storm Sewer 6,016.00 ! Service-Round Lake Area Utilities 40,099.52 i Welding cast iron tee-Water dept 35.00 Service 23.10 Supplies-Rec dept 37.85 Service charge 94.50 Refund-Rec dept 30.00 Rope, chain-Rec dept 125.76 ! Softball official-Rec dept 11.00 : Pop-Summer Fun 584.00 Legal service-Park dept 120.00 1 Forms-Police dept 134.90 Liquor ID Cards 25.00 Fire Building maintenance 26.00 Service-Industrial Road Utilities, City 38,011.72 Well & Pump House #3, Homeward Hills Park . Storm Sewer, Eden Prairie Lake Trail Estates, High Trails Sewer & Water, Valley View Road, Round Lake Park Redesign, Shady Oak Extension, Shady Oak Ind. Park, Round Lake Estates 2nd ' Addition, Cardinal Creek Estates, Norseman Ind. i Park 4th addition, Cardinal Creek Phase II Refund-Rec dept 8.00i Discing-Bryant Lake & Staring Lake 420.00 Softball official-Rec dept 11.00 Supplies-Engineering dept 187.40 Posts, lumber 808.03' Portable restrooms-Park dept 2,801.80 Sod 180.00 Refund-Rec dept - 13.00 Service-Chatham Wood Improvements 1,982.18 ›agek.ive July 15, 1980 2.00 293.31 1.75 , Stables 1,390.55 112.34 lc ' Center 22,151.48 ; 2,897.59 2.00 1 8,695.20 1 53.50 1 13.00 1 65.10 1 159.62 1 51.94 & service on 1,g 9j .4 610 590.19 wash, tape 184.74 • 30.00' 26.03 13,018.00 258.80 duct 255.83 348.00 valve 525.60! 2484 BRADLEY SCHULZ 2485 SEARS 2486 TIMMY SEBERSON 2487 SEBESTA 2488 SHAKOPEE SPORTS CENTER 2489 SMILEY LOTTER ASSOCIATES 2490 . W. GORDON SMITH CO. 2491 CHAD SORENSON 2492 STANDARD 2493 VERNON T. STEPPE 2494 TARI STORFAHL 2495 DON STREICHER GUNS, INC. 2496 E.A. SWEEN COMPANY 2497 TAYLOR RENTAL CENTER 2498 TEM-TEE PROGRESSIVE DAIRY INC. 2499 TOWNS EDGE FORD, INC. 2500 TRIARCO ARTS & CRAFTS 2501 UNITED STATES PLASTIC CORP 2502 UPPER MINNETONKA YACHT CLUB 2507 KATHY UPTON 2501, VALLEY EQUIPMENT CO. 2505 VAN WATERS & ROGERS 2506 VESSCO 2507 VIKING PRESS INC. 2508 WATER PRODUCTS COMPANY 2509 DALE WATKINS 2510 WEBER & TROSETH INC. 2511 A. WEISMAN CO. 2512 HAL WELDIN 2513 WEST WELD SUPPLY COMPANY 2514 STEPHEN J. WHITE 2515 TIM WILLARD 2516 CURTIS J. WOODS 2517 TRAVIS WURTZ 2518 XEROX CORPORATION 2519 BECKY.ZABEL 2520 ZIEGLER INC. 2521 VOID OUT CHECK 2522 VOID OUT CHECK 2523 JESSICA GERRY 2524 BLACK & VEATCH 2525 BRAUN ENGINEERING TESTING 2526 JEAN JOHNSON 25Z LANG, PAUL? & GREGERSON, LTD. 252b MUNICIPAL & PRIVATE SERVICES, INC. 2529 NORTHWESTERN BELL Refund-Rec dept Dehumidifier, hand saw, shirts Refund-Rec dept Service-Sanitary Swr Bryant Lake Oars-Rec dept Service-Eden Prairie 'Community Fuel Refund-Rec dept Fuel Expenses-Fire dept Refund-Rec dept Riot gun-Police dept Sandwiches-Bryant Lake Equipment rental-Park dept Ice Cream-Rec dept Hood catches, door moldings trucks Supplies-Rec dept Cylindrical tank, emergency eye Service Mileage Loader tractor-Park dept Chlorine-Water dept Repair leak in chlorinator, exhaust Letterhead-Historical Culture Vacuum breakers at hose connection, box top section Refund-Rec dept Shield-Public Safety Candy bars-Rec dept Instructor Welding supplies Expenses Refund-Rec dept Softball official-Rec dept Refund-Rec dept Service Mileage Parts-Equipment maintenance Refund-Rec dept 18.00 Service-Water treatment plant addition 15,507.4C Consulting service 591.501 Mileage 9.54 Legal service 147.11 Service 834.41 Service 30.00 108.62 329.151 150.00 127.23 1 59.81, 30.001 44.001 5.004 1,079.57 9.88 49.73 TOTAL 5864,890.41 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, 1579. The attached letter requests a one year extension. iSq l / Ve/ ry /truly ?our : \\ -)(4%_ (--c Malcolm D. Reid l iqa REID & ANDERSON ATTORNEYS AT LAW SUM 221 15612 HIGHWAY 7 MINNETONKA, MINNESOTA 5C343 MALCOLM D. REID TtLtPNONIL 612 •32-2472 June 9, 1980 JAMES A. ANDERSON ONt 619 •311 34,3 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 81,500,000 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 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE No, 80-18 ORDINANCE REGULATING DOGS AND AMENDING ORDINANCE NO. 134. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS: Section 1. Section 8 of Ordinance No. 134 is hereby deleted and the following sub.-tituted therefor: "Section 8. Notice. Notice of impounding shall be given to the owner of the dog. In case the owner is unknown, written notice shall be posted at the offices of the Department of Public Safety, 7905 Mitchell Road. If the dog is not reclaimed within five days of the posting of the notice, it will be sold or killed. The notice of impounding shall be in sub- stantially the following form: "NOTICE OF IMPOUNDING DOG" DATE , 19 . TO WHOM IT MAY CONCERN: I have this day impounded in the pound of the City at a dog described as follows: Sex Color Breed Estimated Age NOTICE IS HEREBY GIVEN, That unless such dog is claimed and redeemed on or before o'clock, .m., on the day of , 19 , the same will be sold, killed or otherwise disposed of as provided by ordinance. Signed Poundmaster Wolfgang H. Penzel, Mayor ATTEST: John D. Franc, City Clerk Publirihed in the Eden Prairie News on the day of , 1980. jqq The owner of any dog so impounded may reclaim such dog within the time hereinbefore provided upon payment of the license fee, if unpaid, the impounding fee, and all other costs and charges incurred by the City of Eden Prairie for impounding and maintenance of said dog. The impounding fee shall be as follows: a. If the dog has not been impounded within one year prior to the date of its most recent apprehension, the fee shall be $25.00. b. If the dog has been impounded once within one year prior to the date of its most recent apprehension, the fee shall be $50.00. c. If the dog has been impounded twice or more within one year prior to the date of its most recent apprehension, the fee shall be $100.00 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 , 1980. RAP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. 80-13 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, All that part of the South 1/2 of the Northeast 1/4 of Section 12, Township 116, Range 22, Hennepin County, Minnesota, lying northerly and westerly of the centerline of Co. Rd. t39, excepting thereffram road, shall be and hereby is removed flom theku.al District and shall be included hereafter in the 1-2 Park District. Section 2. The above-described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , between Braun's Fashions, Inc., a Minnesota Corporation, and the City ot hdenPrairie, and Owners Supplement dated 1980, between Danaaic Sciola • and the City of Eden Prairie, which Agreements are hereby made apart hereof and shall further be subject to all of the ordinances,.rules and regulations of the City of Eden Prairie relating to the I-2 Park District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 19 80 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the . • day of , 3930 Wolfgang H. Penzel - Mayor ATTEST: Jahn DT-Frane - City Clerk PUBLISHED in the Eden Prairie News on the day of 19 80. viola All that part of the South 1/2 of the Northeast h of Section 12, Township 116, Range 22, Hennepin County, Minnesota, lying northerly and westerly of the centerline of Co.Rd.#39, excepting therefrom road. Subject to restrictions, reservations and easements of record, if any. EXHIBIT A ntria3 Braun's Fashions, Inc. 6-27-80 OEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1980 by and between BRAUN'S FASHIONS , INC., a Minnesota Corporation, hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", . WITNESSETH: WHEREAS, Owner has applied to City to rezone from Rural to 1-2 Park approximately 10 acres, situated in Hennepin County, State of Minnesota, more fully described as : All that part of the South ½ of the Northeast h of Section 12, Township 116, Range 22, Hennepin County, Minnesota, lying northerly and westerly of the centerline of Co.Rd.#39, excepting therefrom road. Subject to restrictions, reservations and easements of record, if any, and hereafter referred to as "the property", and WHEREAS, Owner desires to develop the property for the construction thereon of an office and distribution center. NOW THEREFORE, in consideration of the City adopting Ordinance 80-13, 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 April 23, 1980 reviewed and approved by the City Council on June 17, 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 B, attached hereto and made a part hereof. N o 0 Developer's Agreement-Braun's Fashions, Inc. page 2 3. Owner shall convey at time of final plat that part of the property shown as outlot B on Exhibit A. outlined in red to the City immediately upon filing of the plat and prior to issuance of any building permit upon the property. 4. Owner shall, prior to any grading upon the property, submit to the City Engineer detailed grading, drainage, and utility infor- mation for review and approval. 5. 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: screening of the parking lot, truck manuvering and loading areas from other lands and roads, screening of Valley View Road and of the building to be constructed on the property. 6. Owner shall plat and develop the property in conformance with the conditions outlined in the April 9, 1980 letter from the Hennepin County Highway Department attached hereto and labeled as Exhibit C. 7. Owner shall install parking lot lighting with cut off luminars.not to exceed 20 feet in height. 8. The City shall proceed with a public improvement process for the upgrading of Valley View Road from Washington Avenue to approximately 500 feet west of the property. It is the City's intent that such improvements should be completed by the Fall of 1982. Owner shall construct and maintain access to the property as shown on Exhibit A and approved by Hennepin County. Notary Public 1qq E Developer's Agreement-Brauns page 3 IN WITNESS WHEREOF the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY: BY:Wolfgang H. Penzel, Mayor STATE OF MINNESOTA) BY: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, the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the .corporation. Notary Public BRAUN'S FASHIONS, INC. BY: BY: STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1980 by the and the of Braun's Fasions, Inc. on behalf of the corporation. _. fli -. • • ., - .17 ----6•4., ,-.-7 . ---P11)1 7-'?•,-.A {.1 .. ) •• - - I/ , ; I IS I 2 3 17,1nat .' 2-'" 1 *L •1`• • • " --4- • v . ' • j / k Know. t200. UNij' 4=•=. tn. eC 1— 0. 0. aC UJ ••••• S.. C. cc - ' (7`.:`•-firc • OW PRFLIMIHARY PAr BRAUN'S ESTATES .RAWAILEA-LQA:. RAUENHORST CORPORATION DEVE1.0 P .ER'S AGREEMENT EXRIBITB page 1 of 4 I. Prior to release of final plat, Owner shall submit to the City Engineer for approval two copies of a development plan (1"=100' scale) showing existing and proposed contours, proposed streets and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, watermain and storm sewer, 100 year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails and any property to be deeded to the City. Owner shall submit detailed construction and storm sewer plans to the Nine Mile Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $1,400 per acre . The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein. Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. 1/80 'WIG- • 1/B0 Page 2 of 4 Exhibit B V. A. All sanitary sewer, watermain and storm sewer facilities,concrete curb,gutter, sidewalks and other public utilities ("improvements") to be made and constructed on or within the property and dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engineer for approval. All of the improvements shall be completed by Owner & acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work, labor or services rendered in connection therewith or material or equipment supplied therefore on or before the later of, 2 years from the date hereof or , 19 Upon completion and acceptance, Owner warrants and guarantees the improvements against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship within said 2 year period said warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be delivered to the City Engineer within 60 days of completion thereof together with a written statement from a registered engineer that all improvements have been completed, inspected and tested in accordance with City-approved plans and speci- fications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees completion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or workmanship for a period of two (2) years following completion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer ,and receipt of as-built drawings. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. B. In lieu of the obligation imposed by subparagraph V.A. above, Owner may submit a 100% petition signed by all owners of the property, requesting the City to install the improvements. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any property which is or shall be dedicated to the public, over a five year period. Prior to the award of any contract by the City for the construction of any improvements, 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 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. ist' A page 3 of 4, Exhibit B C. Prior to release of final plat, Owner shall pay to City fees for first two year street lighting ( public streets ) engineering review and street signs. VI. A. Owner shall remove all soil, and debris from, and clean, all streets within, the property at least every two months, (or within one week from the date of any request by City), during •the period commencing May 1 and ending October 31, of each year, until such time as such streets and improvements there- in are accepted for ownership and maintenance by City. B. Within 30 days of installation of utilities and street curb in any portion of the property (if said time occurs between May 1 and October 31 of any year) Owner shall sod (secured with a minimum of 2 stakes per roll of sod) that part of the property lying between said curb and a line 18inches measured perpendicular with the curtorinlieu of said sod, place a fiber blanket with seed approved by the City (secured with stakes a maximum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of topsoil. The topsoil shall be level with the top of the curb at the curb line and rise v for each foot from the curb line. Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are accepted for ownership and maintenance by City. Owner shall also sod all drainage 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. VII. Owner shall file this Agreement with the Register of Deeds or Registrar of Titles and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. VIII. If Owner fails to proceed in accordance with this Agreement with- in 24 months of the date hereof and provide Proof of filing in accordance with item VII. hereof, Owner for itself, it successors, and assigns shall not oppose rezoning of said property to Rural. lu ta Page 4 of 4 . Exhibit B IX. Provisions of this Agreement shall be binding upon and enforce- able against Owner, its successors, and assigns of the property herein described. X. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, exce p t : XI. In the event there are or will be constructed on the property, 2 or more streets, and if permanent streets signs have not been installed, Owner shall install temporary street signs in accor- dance with recommendations of the City Building Department, prior to the issuance of any permit to build upon the property. HENNEPIN DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 935-3381 April 9, 1980 Mr. Chris Enger Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Enger: RE Proposed Plat - "Braun's Fashions Inc." C.R. 39 North side 800 feet west of Washington Ave. Section 12, Township 116, Range 22 Hennepin County Plat No. 826 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County re v i e w of proposed plats abutting County roads. We reviewed the above plat and f o u n d it acceptable with consideration of these conditions: - As shown on the preliminary plat, the developer should dedicate an addition a l 17 ft. of right of way making the right of way 50 ft. from the center of C. R . 3 9 . - The access locations shown on the plan dated March 14, 1980 are acceptable t o Hennepin County. - To allow better traffic flow in the curved driveway the westerly access mu s t be constructed 28 ft. wide with 30 ft. radius returns. - To allow semi-truck movements the easterly access must be constructed 34 f t . wide with 35 ft. radius returns. - The developer must construct right turn lanes (attachment no.1) at both entrances with the full auxilliary lane carried between entrances. - With the design shown on the plan dated March 14, 1980 it appears westboun d semi-trucks cannot make the sharp turns leading to the front dock area. - Any new access to a county road requires an approved Hennepin County entr a n c e permit. See our Traffic Division for entrance permit forms. - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and land- scaping. See our Maintenance Division for utility permit forms. HEN NEPIN COUNTY EXHIBIT C rttl tk \<. on equal opportunity employer "Braun's Fashions Inc." page two - The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, 4 1, arames M. Wold, P.E. Chief, Planning and Programming JMW/LDW:de Attachment • IS', TAPA-F: mre) •n• 300' 30'R RIGHT TURN LANE (RECOMMENDED DIMENSIONS) MeiNe4/ HENN. CO. TRAFKA; DIVISION .121.P: !ARV !y79 OWNERS SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN BRAUN'S FASHIONS, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of +1980 by and between DOMINIC SCIOLA, hereinafter referred to as "Owner" and the . CITY OF EDEN PRAIRIE, a minicipal corporation, hereinafter referred to as "City". For and in consideration of, and to induce, City to adopt Ordinance 80-13 and to change the zoning of property owned by Owner from Rural to 1-2 Park, described in Exhibit A, attached hereto and made a part hereof, (the property), as more fully described in that certain Developer's Agreement entered into as of , 1980 by and between Braun's Fashions, Inc., and City, Owner agrees with City (Developer's Agreement) as follows: (a) If Braun's Fashions, Inc. fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof and to provide proof of filing as required herein, Owner for himself, successors, heirs, and assigns shall not oppose the rezoning of the property to Rural. (b) Owner shall file this Agreement with the Register of Deeds or Register of Titles and supply City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. (c) This Agreement shall be binding upon and enforcable against Owner, his successors, heirs, and their assigns of the property. Owner: STATE OF MINNESOTA) COUNTY OF HENNEPIN) )SS. Dominic Sciola, a single person The foregoing instrument was acknowledged before me this day of 1980 by Dominic Sciola. Notary Public 101 Owners Supplement to Developer's Agreement between Braun's Fashions, Inc. and the City of Eden Prairie page 2 CITY: BY:Wolfgang H. Penzel, Mayor STATE OF MINNESOTA) )5S. COUNTY OF HENNEPIN) BY:Roger K. Ulstad, Manager The foregoing instrument was acknowledged before me this day of 1980 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the .corporation. Notary Public All that part •of the South h of the Northeast 14 of Section 12, Township 116, Range 22, Hennepin County, Minnesota, lying northerly and westerly of the centerline of Co.Rd.#39, excepting therefrom road. Subject to restrictions, reservations and easements of record, if any. EXHIBIT A atItP SOUTH HENNEPIN HUMAN SERVICES COUNCIL Servmg. Bloommgion Eden Poona Echna Rechfickl SOUTH HENNEPIN HOME CARE/HOME REPAIR PROGRAM Summary Background: The South Hennepin Human Services Council was originally ' f6ried toassist in developing needed services for the community. According to South Hennepin County Intake and Referral and senior and meals program providers, one of these needs is for low cost homemaker.. and home main- tenance services. During the last half of 1977 and first half, of 1980, the Human Services Council worked toward the development of the Home Care/ Home Repair Project inorder that such services could be provided to seniors. In early 1980 a proposal for funding was submitted to the Metropolitan Council Program on Aging. In addition, the Superamerica Corporation expressed interest in the program and recently contributed $3,000 toward the implementation of the Project. More recently, the Metropolitan Council Program on Aging approved funding, but for only the home repair portion of our project. While funding is still needed efforts will be made to continue the home care portion of the program on a minimal bases. Services will begin August 1, 1980. Purpose and Proposed Services: The South Hennepin Home Care/Home Repair Project is designed to provide homemaker/chore services to the elderly and to establish the project as an ongoing service in the four South Hennepin suburbs of Bloomington, Eden Prairie, Edina, and Richfield. The purpose is to maximize the ability of the elderly to remain in their homes as long as possible. Homemaker services include assistance with housekeeping, laundry, meal planning, meal preparation and grocery shopping. Chore services include minor home repairs (window replacements, painting, minor appliance repairs), home upkeep (changing screens and storm wihdows), lawn work (mowing, raking, minor. tree triming), snow shoveling, and minor roof maintenance. Services will be provided according to the specific needs of the client for type of service and time and frequency. Individual contracts will be set up with each client. Clients will be charged for services on a flexible fee schedule based on ability to pay. The client will purchase or provide the materials to be used. Staffing: The Home Repair Program is funded for a 50% Project Director, a foreman and four part-time (50Z each) home repair workers. Since the Home Care Program was not funded by the Metropolitan Council, a part-time homemaker will provide a minimal of services (approximately 20 .hours per week). The goal is that this program will expand as funds become available. lo%novsinnenn Minnocala 66411 • 1612)080.5530 -2- South Hennepin Human Services Council Home Care/Home Repair Committee: • Inorder to ensure the establishment and maintenance of the Home Care/Home Repair Program; the South Hennepin Human Services Council established a special comnittee of the Board. The Committee shall be comprised of representatives from the four South Hennepin Cities. Separate By-laws have been established and approved by the Board of Directors. aq6 BY-LNWS HOME CARE/HOME REPAIR COMMITTEE SOUTH HENNEPIN HUMAN SERVICES COUNCIL PREAMBLE: The Home Care/Home Repair Committee is ' e s t a b l i s h e d pursuant to the authority of the South Hennepin Human Services Council and its Board o f Directors. ARTICLE I ORGANIZATION Section 1. Section 2. NAME - The name of the organization sh a l l b e t h e Home Care/Home Repair Committee ofthe S o u t h Hennepin Human Services Council. OBJECTIVE - The Committee shall have t h e s p e c i f i c responsibility to ensure the establish m e n t and maintenance of quality services fo r persons who participate in the Home Care/Home R e p a i r program. Section 3. DUTIES - Section 4. A. It shall be the duty of the Committee t o develop long-range and short-range prog r a m goals and objectives and to monitor the activities of the Program to ensure tha t t h e y correspond to these goals. B. The Committee members shall act as • ' representatives of the Program to t h e i r respective communities. C. The Committee shall cooperate with t h e Project Director of the Program and Ex e c u t i v e Director of the South Hennepin Human Services Council in implementing the • Committee's responsibilities and evalu a t i n g its conformity with the objectives and p r o g r a m s ' of the Council. D. The Committee shall conduct an annu a l r e v i e w of the Program, including its budget, staffing pattern and program goals and objectives and during the month of Mar c h each year report to the.Council and it s Board of Directors. • • COMMITTEES - The chair Shall appoint s u c h s u b - committees as it feels are necessary t o t h e operation of the Committee. Ira ARTICLE II MEMBERSHIP AND MEETINGS Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. MEMBERSHIP - The Committee shall be comprised of sixteen representatives of the cities of Bloomington, Eden Prairie, Edina,. and Richfield including program providers, program partici- pants, representatives from community service organizations and industry and other interested community members. TERMS AND APPOINTMENT - Two representatives of each of the represented communities shall be appointed by the city council; an additional eight members shall be appointed by the South Hennepin Human Services Council. Members shall serve a two-year term with the exception of eight of the initial sixteen appointments. Eight of the initial sixteen appointments, one from each of the city councils and four from the South Hennepin Human Services Council, shall be for a one-year term. Memberships shall be renewable. MEETINGS - Meetings of the Committee shall be held at least ten times each calendar year. All business of the Committee shall be conducted according to Robert's Rules of Order, Newly Revised. OFFICERS - The officers of the Committee shall be the Chairperson, Vice-Chairperson, Secretary, and Treasurer, who will be elected at the first meeting of each program year. DECISION-MAKING -' A quorum shall consist of fifty percent of those eligibleto vote. Each member will have pne vote. A majority of those voting will rule. ATTENDANCE - The members are encouraged to participate in the activities of the Committee. When members find it difficult to attend meetings, the Chairperson will inquire about that member's interest in continued participation in the Committee. -2- C../rze_xf-LI Ai&hard F. Rosow jo 2 19,0 1•111/ 335.0700 LAW CIIrlOgR LAND. PAULY di BRESERBON. LTD. 411311 ICS CENTER MINNEAPOLIS, MINNESOTA 1:10402 -MIRY I. LARD RODCR A, PAULY DAVID H. ORCOCROON N. THOMAS DRICNIL .15. RICHARD r. ROIDOW L AAAAA CC .1. IIKOOLLIAID June 17, 1980 Mr. Howard A. Knutson Attorney at Law 101 West Burnsville Parkway Burnsville, MN 55337 Re: Eden Prairie Firehouse Dear Mr. Knutson: Response is made to your letter of June 10, 1980. You contend that the Firehouse Station has been built according to the plans and specifications set forth by the architect and accordingly demand the balance you claim is due and owing C.O. Field Company. I refer you to Section 4.5.1 of the General Conditions of the Contract for Construction which states that ". . . that all work will be of good quality, free from faults and defects and in conformance with the contract documents." I seriously doubt that the building, with the water infiltra- tion problems that exist, meets the standards set forth. I also note that Section 13.2.1 requires that the contractor promptly correct all defective work. The City demands that the solution to the water infiltra- tion problem be permanent and views the proposal of a one-time application of Hydrozo without the 50 year guarantee set forth in my previous correspondence as merely temporary. Unless the contractor is prepared to offer a permanent solution to this problem, we will recommend that the City exercise its rights under Section 3.4.1 of the contract to complete the contractor's work and take appropriate action to recover the damages it has and will continue to suffer on account of the defective nature of the work. We are prepared to bring this recommendation before the Council at its July 1, 1980 meeting unless, prior to that time, we have a proposal from your client which we deem acceptable and appropriate to submit to the Council. Very truly yours, LANG, pkuLy AND GREGERSON,LTD. cc: Roger Ulstad Jack Hacking Keith Wall RFR:ps tz July 15, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-128 RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR A HEARING (I.C. 51-370) WHEREAS, a report has been given by the City Engineer to the City Council on July 15, 1980, recommending the following improvements to wit: I.C. 51-370 Storm drainage improvements for Sutton First Addition. 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 19th day of August, 1980, at 7:30 KM. at the Eden Prairie City Hall. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on ATTEST: Wolfgang H. Penzel, Mayor SEAL John D. Frane, Clerk PSO CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RO -134 WHEREAS, On January 2, 1979, Richard W. Anderson, Inc., a Minnesota corporation (Owner), and the City of Eden Prairie, a municipal corporation, entered into a certain Developers' Agreement and Supplement (the Agreements) pertaining to that certain property referred to as Shady Oak Industrial Park; and WHEREAS, The Owner has complied with certain provisions of said Agreement as to certain lots within said subdivision; and WHEREAS, The City Engineer has reviewed the Owner's compliance with said agreements as to Lot 2 ) Block 2 ) Shady Oak Industrial Park, and has so advised this Council. NOW, THEREFORE, Be It Resolved by the Eden Prairie City Council that as to Lot 2, Block 2, Shady Oak Industrial Park, the City finds that: (1) Item 1, 2, 4, 5, 8, 9, 11, 12, 13, 14, 17 and 19 of the Agreement have been satisfactorily completed. (2) Item 3 has been satisfied through the receipt of proposed site plans on a per lot basis, upon appli- cation for building permits. (3) Item 7 has been satisfied through the proposed installation of a 38 foot roadway as recommended by the City Engineer. n861 (4) Item 10 has been satisfied through a City Improvement Contract authorizing installation of the roadway and necessary utilities to U.S. 169/212. (5) Items 15, 16 and 18 are warranty matters not subject to release. The Agreements shall remain in full force and effect as to all other items and lots not mentioned herein. ATTEST: Mayor of City of Eden Prairie Wolfgang H. Penzel City Clerk of Eden Prairie John Frane - 2 - /7.6;2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 80 -135 WHEREAS, On January 2, 1979, Richard W. Anderson, Inc. a Minnesota corporation (Owner) and the City of Eden Prairie, a municipal corporation, entered into a Developer's Agreement and Supplement (the Agreements) pertaining to that certain property referred to as Shady Oak Industrial Park; and WHEREAS, the Owner has complied with certain provisions of said Agreement as to certain lots within said subdivision; and WHEREAS, the City Engineer has reviewed the Owner's compli- ance with said Agreements as to Lot 1, Block 1, Shady Oak Indust- rial Park, and has so advised this Council. NOW, THEREFORE, Be It Resolved by the Eden Prairie City Council that as to Lot 1, Block 1, Shady Oak Industrial Park, the City finds that: (1) Item 1, 2, 4, 5, 6, 8, 9, 11, 12, 13, 14, 17 and 19 have been satisfactorily completed. (2) Item 3 has been satisfied through the receipt of proposed site plans on a per lot basis, upon applica- tion for building permits. (3) Item 7 has been satisfied through the proposed installation of a 38 foot roadway as recommended by the City Engineer. (4) Item 10 has been satisfied through a City Improvement Contract authorizing installation of the roadway and necessary utilities to US 169/212. -2- //fig (5) Items 15, 16 and 18 are warranty matters not subject to release. The Agreements shall remain in full force and effect as to all other items and lots not mentioned herein. Attest: Mayor of City of Eden Prairie Wolfgang H. Penzel City Clerk of Eden Prairie John Frane CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 80-136 WHEREAS, On July 13, 1979, Richard W. Anderson, Inc. a Minnesota corporation (Owner) and the City of Eden Prairie, a municipal corporation, entered into a certain Developer's Agreement (Agreement) pertaining to that certain property referred to as Shady Oak Industrial Park, Second Addition; and WHEREAS, the Owner has complied with certain provisions of said Agreement as to certain lots within said subdivision; and WHEREAS, the City Engineer has reviewed the Owner's compli- ande with said Agreement as to Lot 2, Block 1, Shady Oak Indust- rial Park, Second Addition and has so advised this Council. NOW, THEREFORE, Be It Resolved by the Eden Prairie City Council that as to Lot 2, Block 1, Shady Oak Industrial Park, Second Addition, the City finds that: (1) Item 1, 3, 4 and 5 of the Agreement have been satisfactorily completed. (2) Exhibit C, Items III, IV, and VI have been satisfactorily completed. (3) Exhibit C, Item II requires release from the nine Mile Creek Watershed District. (4) Exhibit C, Item I has been satisfied through receipt of proposed site plans, provided on a per lot basis upon application for building permits. (5) Exhibit C, Item V has been satisfied through the receipt of a petition from the Developer requesting City installation of utilities and streets, with benefitted properties being assessed for the cost of these improvements, and upon the receipt of a performance bond guaranteeing the installation of storm sewer not covered under the City Improvement Contract. The Agreement shall remain in full force and effect as to all other items and lots not mentioned herein. Attest: Mayor of City of Eden Prairie Wolfgang H. Penzel City Clerk of Eden Prairie John Frane - 2 - CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 80-137 WHEREAS, On March 21, 1978, Richard W. Anderson, Inc. a Minnesota corporation (Owner) and the City of Eden Prairie, a municipal corporation, entered into a certain Rezoning Agreement (Agreement) pertaining to that certain property referred to as Crosstown Industrial Park, Second Addition; and WHEREAS, the Owner has complied with certain provisions of said Agreement as to certain lots within said subdivision; and WHEREAS, the City Engineer has reviewed the Owner's compli- ance with said Agreement as to Lot 2, Block 1, Crosstown Industrial Park, Second Addition and has so advised this Council. NOW, THEREFORE, Be It Resolved by the Eden Prairie City Council that as to Lot 2, Block 1, Crosstown Industrial Park, Second Addition, the City finds that: (1) Item 1, 4, 5, 6, 7, 8 and 9 of the Agreement have been satisfactorily completed. (2) Item 2 has been satisfied through the receipt of a proposed site plan on a per lot basis, submitted upon application for building permits. Drainage from the property south of the site has been restricted and must be corrected by the developer. (3) Item 3 must receive release from the 9 Mile Creek Watershed District. The district requests that a copy of the original grading permit issued by the district for the development be submitted along with a written request for final inspection. /1,,, 7 The Agreement shall remain in full force and effect as to all other items and lots not mentioned herein. Attest: Mayor of-City of Eden Prairie Wolfgang H. Penzel City Clerk of Eden Prairie John Frane