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
,
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I
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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.
CJJ:sg
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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 ".
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SUBDIVISION . Lot
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• 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
.
. . , . . .
. .
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. EXHIBIT NO, 1 •
•
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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
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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