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City Council - 01/20/1981
%,,, a a - iy /J�4 ci EDE $'RAIRIE CITY COUNCIL 4' TUESDAY, JANUARY 20, 1981 +� 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, George 8entley, ^ 4 N ,; ,,, ,,a. _,� a# ,--~' Dean Edstrom, Paul Redpath and George ? Tangen COUNCIL STAFF: Acting City Manager John Frane; City Attorney Roger Pauly; Planning Director Chris /1 ('4,,I;- !'--." )'()Clf ' ' Enger; Director of Community Services Bob G) Lambert; City Engineer Carl Jullie; and Karen Michael, Recordi 4 Secretary INVOCATION: Councilmar Paul Redpath «-• - PLEDGE OF ALLEGIANCE ,,44 _Atill _ - ROLL CALL } , I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS �4/ II. APPROVAL OF MINUTES 1<, 1j,Y. ,5 1 A. Housing & Redevelopment Authority meeting held Tuesday,;December 16, Page 42 1980 4 B. Regular City Council Meeting held Tuesday, December 16, 1980 , f►)'Page 44 1 C. Reg y ular City Council Meeting held Tuesday, Janu 61981 N'd") + + Page 51 D. Special City Council Meeting held Monday, January 12, 1981 Page 59 III. CONSENT CALENDAR A. Clerk's License List Page 61 °4 B. Approve plans and specifications and order bids for improvements in Page 63 Meadow Park, I.C. 51-360, Valley View RoadTRraun's situ, I.C. 51-366 • and Willow Creek Road/Flying Cloud Dr.,I.C. 51-3F27Resolution No. 81-17�------- C. Approve_glans and gecifications and order bids for Waterworks improve_ Page 61 meats, Contract No. 3 and 4 connecting lines and water plant expaansi_on,. IC. ,51--354 III R IV Resolution No. 81-18} D. Set hearing date for vacating a portion of Plaza Drive and related Page 65 utility and drainage easem its in the Menard Addition rResolution No. 81 19� — — ---E. Request to set aPublic Hearing before the City Council for MTS/IIC,C Pl1D Page 66 b,_M T S_& MCC for 1-^bruary17} 1931 F. Request to set a Public Hearing before the City Council for the_ Eden Page 69 Glen f 8i) by 1 cco Inc. for Fehr o ily 1.7 1981 — ( G. N+tjowl Wildlife le ic seSO1ution (Res.No. 31_03).Continued from Page70 1/6/81 f-4 x d Page 71 H. Award hid on skid 5tirer lnader ---- Page 72 1. fcivard hid for tree syaido. --- (2/*.,•,' .7 City Council Agenda ,�u ^a Tues.,Jan, 20, 1981 IV. PUBLIC HEARINGS -/w,�iir 0--Ai" i7 'j / _ t :A. Fairway Woods Amendment� by Laukk`t & Associates. 'Request for PUD Page 73 (1 Amendment to construct 120 condominiums upon 15 acres zoned RH 2.5. .'` Located northwest of existing Fairway Woods and south of Valley View_ � � Road (Resolution No• . 81-11) ot-.. ,,L....,, -- M a S ; 8. Edenvale Apartments by Edenvale Apartments, a Part rship. Request for ageP 89 1 4,...e PUD Development Plan approval, platting of 2 lots for 175 units, and (1191U rezoning from Rural to RM 2.5 for 17 of the 23 acres. Located in the ,r c f northeast quadrant of Mitchell Road and Valley View Road extended.),, Ordinance No. 81-01 and Resolution No. 81-12) ,, 1 �.. %'44,. z.,_ 4,4.., �-- ,�,'°a._*_ •t.._ 7n-...1A,J ,,r -I<<. IC. entec Dffice by John A. Benedict. Request to rezone 2 acres front' Page 109 - Rural to Office, combine the 2 existing lots, and use the existing -' if str s an office. Located at 13050 Pioneer Trail (Ordinance 0No 81-D2, nd Resolution No. 81-13) L ., a-d./.pi...�or �� 1 Page 121 V. PAYMENT DF CLAIMS NOS. 4742 - 4968 ,,, ... i VI. REPORTS OF ADVISORY COMMISSIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS ai-L Belvedere Interim Use Amendment by On-Belay. Request to change dental r/ ,, A. office interim use at 8480 Franlo Road to an adolescent treatment center .1-' '' to be called "Prairie House". (Continued from 12/16/80) ,✓e Ar v., ,. 1177 B. Request from Mr. Laughinghouse, Deerick Land C4iiiy, for 4 building Page 126 permits upon RLS n664 Q,,, ......, , '7,' 07 u VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS ' ``41 A. ,Report of Council Members ,/,,,. I.' Appointment of 5 members to the Housing & Redevelopmentev Authority (J`n1�` 2. Salary adjustment for Acting City Manager''/J /o 3. Appointment of Council Representative to the South Hennepin Human Services Council to fill Sidney Pauly's unexpired term to —Ae20,7/f 1/331/82 41 Appointment of City Attorne for 1981 ��� Appointment— kg-, B. Report of City Attorney a ,,_,-,2a,- ,-✓ - C. R port of Acting Cif Manager. 1 Consider_ aryoval of settlement on fire station dispute Page 15 ' • Approval of Loral No. 49 Contract and amendment to Resolution No, Page 161 ( , '�" 105b, the Perionnrl Resolution • D. Report of.Director, of Comnurrity_Services "' �� l oecifirntions and set date for aceehtin bids y � ]. Apnruvqnl� i -_��n� -. ._�_---� �. Page lE; for' Ro�.nu1 U( e Pail;--Shelter City Council Agenda r=+ - 3 - Tues.,Jan. 20, 31981 2. -Hennepin County Park Reserve District Agreement Page 168 3. Petition from Southwestern Eden Prairie residents G,,f Page 205 t / � Approve bids for ice resurfacing machine 9 r1 Page 216 �1;i�,/ • r- E. Report of City Engineer 1. Receive 100% petition and order improvements on Ontario Blvd., Page 217 �\ Westgate Court and Bittersweet Drive (Resolution No. 81-15) j \\ `2 N. Change Order No. 1, I.C. 51-325, Valley View Road Phase I Page 229 ,N - improvements o .. Resolution No. 81-19 for eminent domain proceedings for right-of- Page 234 • way acquisition on Valley View Road/Dell Road, Phase II improvements, I.C. 51-325 4) Preliminary engineering agreement with NSP for relocating Page 235 115 KV transmission line for future Schooner Blvd. from I-494 to TH 169 (Resolution No. 81-16) L IX. NEW BUSINESS,----- F rM- '._ 1 4I. X. ADJOURNMENT. x' ~ V • • UNAPPROVED MINUTES HOUSING ANO REDEVELOPMENT AUTHORITY TUESDAY, DECEMBER 16, 1980 7:30 PM, CITY HALL HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath HOUSING & REDEVELOPMENT AUTHORITY STAFF PRESENT:City Manager Roger K. Ulstad, Finance Director John Frane, and Joyce Provo, Recording Secretary .INVOCATION: Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: Edstrom, Osterholt, Penzel and Redpath present; Pauly absent. I. CALL MEETING TO ORDER Chairperson Penzel called the meeting to order at 7:30 PM. II. MINUTES OF HOUSING & REDEVELOPMENT AUTHORITY MEETING HELD NOVEMBER 18, 1980 MOTION: Edstrom moved, seconded by Osterholt, to approve the Housing & Redevelopment Authority meeting minutes from meeting held November 18, 1980, as published. Motion carried unanimously. III. RECOMMENDATION TO THE CITY COUNCIL ON THE SALE OF $18,500,000.00 GENERAL OBLIGATION TAX INCREMENT FINANCING BONDS City Manager Ulstad explained the Housing & Redevelopment Authority set this date as the date to receive bids for the sale of $18,500,000.00 General Obligation Tax Increment Financing Bonds, and pending the receipt of those bids the Housing & Redevelopment Authority would recommend approval to the Council. Those bids were to be received this noon, however, the City did not receive any bids. Bill Fahey, Ehlers & Associates, stated in any offering of this nature the City makes a pledge that they will provide a certificate of non-litigation, i.e., that thr City will certify at the time of delivery of the bonds that there is no litigation E pending against the City which would threaten the validity of those bonds. About a week ago the City was served with litigation which might threaten the litigation 1 of those bonds. On Friday, December 12th, and on Monday, December 15th, Ehlers notified the three bidders which had indicated that they were going to bid on the $18,500,030.00 bonds that in fact there was litigation which has been referred to the City Attorney, and that the City could not at this time provide any assurance 1 that we would not have litigation between now and the delivery of the bonds. As late as 10:00 this morning at least two of those bidders were still discussing ti the possibility of submitting a bid even knowing full well that there may he litigation. In the end they chose not to. Their reason. is simple, we have a very fast moving market, but under any circumstances if they would propose to purchase the Cit.y's bonds and if the City were to accept the lowest bidder, then it would he their burden to sell those bonds. If the City could not comply with. a non-litigation certificate the entire sale would he off. In other words, their salesman would have sold S18,500,000.00 of bonds and then the whole transaction would have been cancelled. Essentially that is the reason we have no bids tonight. Fahey recommended that no action be taken by the Council since there are no bids before the Council. ii HRA,Minutes - 2 - Tues.,December 16, 1980 III. RECOMMENDATION TO THE CITY COUNCIL ON THE SALE OF 518,5002000.00 GENERAL OBLIGATION TAX INCREMENT FINANCING BONDS (continued) MOTION: Osterholt moved, seconded by Redpath, to refer this item for tabling to the Council for future reconsideration. Motion carried unanimously. IV. ADJOURN MEETING MOTION: Redpath moved, seconded by Osterholt, to adjourn the Housing & Redevelopment Authority meeting at 7:45 PM. Motion carried unanimously. • UNAPPR OVED OVED EDEN PRAIRIE CITY COUNCIL MINUTES 1 TUESDAY, DECEMBER 16, 1980 7:45 PM, CITY HALL COUNCIL MEMBERS PRESENT: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt and Paul Redpath COUNCIL MEMBERS ABSENT: Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger K. Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Director of Community Services Bob Lambert; City Engineer Carl Jullie; Finance Director 1 John Frane; and Joyce Provo, Recording 4 Secretary I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS I • $ The following items were added to the Consent Calendar: Request to advertise for ice resurfacing machine (zamboni) as item V. L., and 2nd Reading of Ordinanre Nn 1 80-28. rezoning from Rural to Puhlir fnr Fdpn Prairie Cnmmunity Church as item d V. M, I The following item was removed from the regular agenda and placed on the Consent 1 Calendar as item V. N. Request for extension of Municipal Industrial Development 1 Bond authorization for Eagle Drug to February 3, 1981 (formerly item IX. B.). , i MOTION: Redpath moved, seconded by Edstrom, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES k A. Minutes of City Council Meeting held Tuesday. November 18, 1980 I 4 Pages 3 and 4, change "Noderhus" to "Norderhus"; page 4, strike "Murial" in the j 2nd line, and insert in lieu thereof "Muriel". MOTION: Redpath moved, seconded by Osterholt, to approve the minutes of the i City Council meeting held Tuesday, November 18, 1980, as amended and published. Motion carried unanimously. B. Minutes of Special City Council Meeting held Tuesday, November 25 1980 1 MOTION: Redpath moved, seconded by Osterholt, to approve the minutes of the j Special City Council Meeting held Tuesday, November 25, 1980, as published. ) Motion carried unanimously. t III. AWARD BID FOR SALE OF $300,000.00 CERTIFICATES OF INDEBTEDNESS (Resolution No. 80-236; 1 Bill Fahey, Ehlers R Associates, referred to the Bid Summary Sheet (attached as part of minutes), recommending the award of the bid to the low bidder, BANCNORTHWEST, in the amount of $95,675.00 MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 80-236, awarding th' hid to the low bidder, BANCNORTIIWEST, in the amount of $95,675.00 for $300,000.00 Certificates of Lidebtedness at a net interest rate of 8.95. Motion carried unanimously. al/ . City Council Minutes • 2 - Tues.,December 16, 1980 } IV. AWARD BID FOR SALE OF $18,500,000.00 GENERAL OBLIGATION TAX INCREMENT BONDS (Resolution No. 80-237) MOTION: Osterholt moved, seconded by Edstrom, to table awarding bid for sale 1, of $18,500,000.00 General Obligation Tax Increment Bonds. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to instruct staff to readvertise for bids if there is resolution of the lawsuit. Motion carried unanimously. V. CONSENT CALENDAR A. Clerk's License List , B. Set Public Hearing for Edenvale Apartments for January 20, 1981 C. Set Public Hearing for Fairway Woods Amendment for January 20, 1981 D. Set Public Hearing for Bentec Office for January 2D, 1981 E. Petition for improvements on Sunnybrook Road, I.C. 51-381 (Resolution No. 80-235) F. Final plat approval for Dolejsi Addition (Resolution No. 80-233) G. Final plat approval for Bryant Lake View Addition (Resolution No. 80-232) H. 2nd Reading of Ordinance No. 80-32, approving the utility rate schedule for 1981 I. 2nd Reading of Ordinance No. 8D-24, rezoning the 1st Phase of the Lake Idlewild Office Development by Land'Sake and developer's agreement J. Set date for 1st Reading of Park Ordinance for February 3, 1981 K. Final plat approval for Prairie Lakes Business Park (Resolution No. 80-237) L. Request to advertise for ice resurfacing machine (zamboni) M. 2nd Reading of Ordinance No. 80-28, rezoning from Rural to Public for Eden Prairie Community Church N. Request for extension of Municipal Industrial Development Bond authorization for Cagle Drua to February 3, 1981f1•orinerly item IX. B.). MOTION: Edstrom moved, seconded by Redpath, to approve items A - N on the Consent Calendar. Motion carried unanimously. VI. PUBLIC HEARINGS . A. Cable TV Public Hearing (Ordinance No. 80-33) (. t Mayor Penzel read from a prepared statement noting the Council will this evening be considering the ordinance granting the franchise to Minnesota ( Cablesystems-Southwest, as reconiended by the Southwest Suburban Cable Commission. City Manager Ulstad read the title to Ordinance No. 80-33 as follows: An ordinance, including addendum with exhibits, granting a franchise to Minnesota i Cahiesyslen:s-Southwest, a Minnesota Limited Partnership, to operate and maintain a Cable Co:anunication System in the City; setting forth conditions accompanying the grant of franchise; providing for regulation, and use of the City Council Minutes - 3 Tues„December lb, iyau - A. Cable TV Public Nearing (continued) i' system; and prescribing penalties for the violation of its provisions. Ulstad further read into the record his prepared statement (attached as part of minutes), recommending the Council accept the recommendation of the Southwest Commission to award the franchise to Minnesota Cablesystems-Southwest, City Attorney Pauly requested that the records show that the two persons elected to the City Council whose terms will commence January, 1981, Dr. George Tangen and Mr. George Bentley, are present at this hearing and have been since the beginning. City Attorney Rick Rosow read from a prepared statement (attached as part of minutes). t • Anita Benda, Cable Television Information Center (CTIC) of Washington, D.C., ) hired as the consultant by the Southwest Suburban CATV Study Commission, appeared before the Council with their recommendation. (Ms, Benda's comments attached as part of minutes). 8i11 Craig appeared before the Council representing Minnesota Cablesystems- Southwest. (Written comments attached as part of minutes as submitted by i Mr. Craig). Gary Gandrud and Ron Abrams, representing Teleprompter Corporation, and 1 James Erickson, representing Northern Cablevision, appeared before the Council on behalf of their respective companies. 1 Wayne Popham, legal counsel for Minnesota Cablesystems-Southwest, also made brief comments before the Council. MOTION: Osterholt moved, seconded by Edstrom, to close the Public Nearing and give a 1st Reading to Ordinance No. 80-33, an ordinance, including addendum with exhibits, granting a franchise to Minnesota Cablesystemrs-Southwest, a Minnesota Limited Partnership, to operate and maintain a Cable Communication System in the City; setting forth conditions accompanying the grant of franchise; providing for regulation, and use of the system; and prescribing penalties for the violation of its provisions. Motion carried unanimously. Edstrom congratulated each of the proponents for their presentations and for the materials received in connection with this Public Hearing, and also the Southwest Suburban Cable Commission representing the municipalities And the consultant. Council members concurred, B. Liquor License for Eden Prairie Steak Associates Jerry Goeman, representing Eden Prairie Steak Associates presently doing business as Mr, Steak Restaurant, spoke to their request for a liquor license, Goeman explained the serving age for waitresses is 18 years of age and presently 19 of 21 of his waitresses are 18 years of age or older, Goeman added they will have a service bar in the rear of the restaurant and there will be waitress ` ' service at the tables. Redpath questioned with Mr. Steak being a family restaurant, how are they going to switch it around, i.e., advertising, etc? Goeman replied they will be advertising, however, they plan on maintaining a family image restaurant and it will be so stated on their sign, A children's menu will be available at competitive prices like they are now. Osterholt asked if the name of the restaurant would he changed? City Council Minutes - 4 - Tues.,December 16, 1980 B, Liquor License for Eden Prairie Steak Associates (continued) Goeman responded in the franchise agreement it states that no alcoholic beverages can be served at a Mr. Steak Restaurant and right now they have a verbal agreement Mr. Steak will release them from their franchise agreement, Therefore, their name will have to be changed, Penzel asked if Mr. Goeman had any time frame in mind as to when the converting would take place. Goeman replied it is based on the business from the time they convert to whenever they feel the demand and financing is there in order to be able to do it, Would guess two years at the earliest. Edstrom asked when they propose to change the name? Goeman responded if they receive approval this evening the license cannot be issued until after the 3rd of January. If approved they would shoot toward the first of February. There was no public. st1 on 06 this request, MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing. Motion carried unanimously. C, Public Hearing for vacating drainage and utility easements' lots 9 and 10, block 15, Bluffs West (Resolution No, 80-2361 City Engineer Jullie spoke to Resolution No, 80-236, recommending the Council consider adoption of same, MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No, 80-236, vacating easements on Lots 9 and 10, Block 15, Bluffs West. Motion carried unanimously. 0. Public Hearing for sanitary sewer and watermain laterals on Willow Creek Road and Flying Cloud Drive TResolution No. 80-234) City Engineer Jullie spoke to Resolution No. 80-234, recommending the Council consider approval of the project for sanitary sewer and watermain laterals on Willow Creek Road and Flying Cloud Orive. Jullie summarized the costs involved displaying the preliminary assessment roll for these improvements Jullie added if the Council chooses to proceed with the project, bids would probably be awarded in March of this year, construction completed in mid-June, and then after work was completed a special assessment hearing would be held 4 whorein all final project costs would be gathered together to be presented at 1 a formal public hearing. MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 80-234, ordering improvements for I.C. 51-382, sanitary sewer and watermain laterals on Willow Creek Road and Flying Cloud Drive. Motion carried unanimously. VII. PAYMENT OF CLAIMS NOS. 4303 - 450D MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims Nos. 4303 - 45O0. Roll Call Vote: Osterholt, -Redpath, Edstrom and Penzel voted "aye". Motion carried unanimously. L'I City Council Minutes - 5 - Tues.,December 16, 1980 • VIII. REPORTS OF ADVISORY COMMISSIONS No reports. IX. PETITIONS, REQUESTS & COMMUNICATIONS A. Belvedere Interim Use Amendment by On-Belay, Inc. Request to change dental office interim use at 8480 Franlo Road to an adolescent treatment center to be called "Prairie House". (continued from December 2, 1980) City Manager Ulstad explained at the last regular Council meeting of December 2, 1980, the Council requested that notices be sent to property owners in The Preserve area from Anderson Lakes Parkway north. About 300 notices were sent out making those residents aware of the request by On-Belay, Inc. Mr. Westerhaus, 8470 Franlo Road, asked what the plans are for sewer and water? . City Engineer Jullie replied the proponents are proposing to construct a private system as there is no City sewer available for that parcel, and they would construct a septic tank/drainfield system. The City's Chief Building Inspector Wally Johnson did review the parcel and indicated in a memo that it was feasible to reconstruct the present system. Mr. Blesener, 8561 Franlo Road, stated 4 years ago the elderly lady that owns the property wanted to sell that property to have somebody build on it, and the City Council said "no" that they wouldn't allow any more cesspool septic tanks. Blesener asked how does the Council propose to have enough drainfield for 15 • people when 4 years ago they turned down the request for one family? Penzel commented both he and Osterholt were on the Council at that time, and he doesn't remember that question coming before the Council. It may have come to the attention of staff. Jullie added the building code does have a provision for the design of these systems with so many lineal feet of drainfield per bedroom and floor area, and there is a way of testing the soil (percolation tests) that determines what the i length of the drainfield has to be and that would be the criteria applied by Mr. Johnson in issuing the building permit. If they can't meet these tests, then the permit would be withheld. Penzel noted the present ordinance does not permit rezoning of property for residential uses if it is an unsewered area,.except when the properties are larger than 5 acres per unit. This situation is somewhat different because no zoning request is involved. The question regarding sewer and water has been i answered as well as it can be at this point, i.e., Mr. Johnson has found in his ' estimation it is feasible to reconstruct it on the property and that would be borne out upon application for permit by adequate percolation tests. If those percolation tests should be negative, then the permit would be denied and the whole request would be shelved because without the necessary sewer or drainage that use could not occur there. The Council is also considering the feasibility of this kind of use in this situation, i.e., the effect on the neighborhood, etc. Osterholt added he has a problem with an interim use becoming another into rim use. Westerhaus stated he has strong feelings in favor of the On-Belay program, however, is against the area they want to put it in. Edstrom asked if Mr. Johnson had any discussions with the neighbors regarding the drainfield. Westerhaus replied not to his knowledge. d4 City Council Minutes - 6 - Tues.,December 16, 1980 A. Belvedere Interim Use Amendment (continued) 1 i John Curran, Executive Director of On-Belay Corporation explained they don't want to put in a sewer system that won't work in their wilding for their business because they won't be able to use the building, and don't want people ' to be in a position where the water is contaminated. Their request to the Council is if they have to put out some more money to come up with percolation tests and design for the sewer system and then if they are going to get the interim use voted down for another reason, it is not a good investment on their part. a Curran added the Planning Commission approved the concept and the use of the building contingent upon their obtaining City permit approval for the proper sewer system. If the Council is going to take some action, it would make it easier for them to make their decisions if they knew which way it was going to go, and then if the sewer system didn't work they would just scrap that site and the interim use. Penzel commented it is fair to say that the concern has existed previously on the part of various Council members about the interim use question3and it. is not a very satisfactory solution and he does not expect that concern to go away. Penzel stated he shares the concern about the interim use even if he assumed the sewer situation could be resolved 100%, while at the same time 1 recognizing the need and desirability for this kind of service. City Attorney Pauly explained our zoning ordinance doesn't provide for the interim use provision. You take a piece of property like this that is zoned rural and it has certain requirements and certain performance standards. The Board of Appeals & Adjustments and the Council can waive those performance ! standards and grant a variance, and you can attach conditions to them, i.e., s setbacks, etc. However, when you get into an actual use problem there really isn't any authority to grant a waiver and in effect under the statute it says the Board of Appeals cannot grant a waiver as to the specific use. The way i to go about this is to consider revision of the zoning ordinance to provide an appropriate category in an appropriate zone for these kinds of purposes. 9 Penzel asked if the Council were of a mind to amend the ordinance to make a provision for that kind of use, how long would it take to draw up the necessary 1. verbiage? Pauly replied if we could arrive at the proper zone or the proper area to be applied, the drafting of the language would not be that cumbersome - j could probably have it drafted by the January 20th Council meeting. 1 Penzel commented once the language is drafted a public hearing would have to held. i Bob Dunbar, 11270 Lanewood Circle, stated in the case of the Muriel Humphrey residences all the facilities were constructed with a good deal of attention i paid to the various facilities from the ground up which differs from this request. Council assured Mr. Curran they would like to see this type of program within c Eden Prairie and feel it is needed. Current explained it is difficult to find somebody who wants to use their land for this type of purpose who has either the land or the building available for this kind of use, and then who can obtain financing or assist them in obtaining financing. It is difficult to find these kinds of spots. MOT'ON: Edstrom moved, seconded by Redpath, to request staff to report on the septic tank problem, that percolation tests be taken, and instruct City Attorney i Pauly to draft wording as an amendment to the zoning ordinance for interim uses, to be continued to the January ?0r 1931 meeting, Motion carried unanimously, rl9 City Council Minutes - 7 - Tues.,December 16, 198D B. Request for extension of Municipal Industrial Oevelopment Bond authorization for Eagle Orug to February 3, 1981 This item was moved to the Consent Calendar (item V. N.). • X. REPORTS OF OFFICERS, BOAROS & COMMISSIONS A. Reports of Council Members • • 1. Mayor Penzel reminded the Council on January 6th they will be considering one appointment to the Planning Commission and two appointments to the Parks, Recreation & Natural Resources Commission to fill unexpired terms. B. Report of City Attorney 1. Contract for Oeed and Option Agreement for purchase of land for City Buildings City Atto rney Pauly spoke to the terms in the contract for deed and the option agreement between Prairie West Partners and the City of Eden Prairie to purchase land adjacent to the City Hall. MOTION: Redpath moved, seconded by Osterholt, to authorize the signatures on the contract for deed and the option agreement between the City of Eden Prairie and Prairie West Partners as outlined by City Attorney Pauly. Roll Call Vote: Redpath, Osterholt, Edstrom and Penzel voted "aye". Motion carried unanimously. C. Report of City Manager 1. Scoreboard for Community Center City Manager Ulstd displayed the new design of the scoreboard for the Community Center and asked if the Council approved of same. Council so approved. D. Report of Finance Director 1. Resolution No. 80-238, amending the 1980 City Budget j MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-238, amending the 1980 City Budget. Roll Call Vote: Osterholt, Redpath, Edstrom and Penzel voted "aye". Motion carried unanimously. XI. NEW BUSINESS On behalf of the Council, Mayor Penzel thanked Councilman Osterholt for his many years of faithful service to the community, and also Councilwoman Pauly who is absent this evening because she is serving on jury duty. XII. ADJOURNMENT MOTION: Osterholt moved, seconded by Redpath, to adjourn the Council meeting at 1O:48 PM. Motion carried unanimously. CO . 1 1 EDEN PRAIRIE CITY COUNCIL UNAPPROVEO MINUTES t' Tuesday,.January 6, 1981 7:30 p.m., City Hall i COUNCIL MEMBERS PRESENT: Mayor Wolfgang Penzel, George Bentley, Oean Edstrom, Paul Redpath, and George Tangen s COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Oirector Chris Enger; Finance Oirector John Frane, Oirector of I Community Services Bob Lambert; City Engineer I Carl Jullie; Joyce Provo and Karen Michael, Recording Secretaries. i INVOCATION: Mayor Wolfgang Penzel ROLL CALL: All Council Members present. I. SWEARING IN CEREMONIES FOR MAYOR WOLFGANG PENZEL, COUNCILMAN GEORGE BENTLEY, 1 ANO COUNCILMAN GEORGE TIrNGEN. 1 City Attorney Roger Pauly administered the oath of office to Councilman 1 George Bentley, Councilman George Tangen, and Mayor Wolfgang Penzel. Mayor Penzel noted that tonight is City Manager Roger Ulstad's final meeting ( with the Council. He stated that Mr. Ulstad has not only been a "Manager Extraordinaire" but he has also been appreciated as a good friend. We wish him well in his new endeavors. Mr. Ulstad replied that he is not leaving the City with any hard feelings 1 and that he has enjoyed working with the City Council and Staff. He then introduced an addition to the staff, Karen Michael, who will be the recording secretary for the Council. She will spend approximately 20-24 hours a week in that capacity. Dean Edstrom took this occasion to thank Joyce Provo for all her services. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS • The following items were added to the Regular Agenda: under the "New Business" category (X.), A. Slope Ordinance, B. Community Center Manager, and C. Criteria for Selecting A New City Manager; and under the "Reports of Advisory Commis- sl-ons"—category (VI.) Mick Anderson's letter. MOTION: Edstrom moved adoption of the agenda as amended and published, seconded by Redpath. Motion carried unanimously. SI -2- ( III. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 2, 1980 MOTION: Redpath moved, seconded by Edstrom, that the minutes of the December 2; 1980 Council meeting be approved as published. Motion carried with Council- men Bentley and Tangen abstaining. IV. CONSENT CALENDAR A. Final plat approval for Bryant Lake Center (Resolution No. B1-10) B. Approve plans and specifications and order advertisement for bids for A Water Works improvements, I.C. 51-354, and 1 MG elevated storage reser- voir (Resolution No. B1-09) C. Supplement Agreement No. 1 to Grant Contract No. 27-1094-02 s D. Set date for Public Hearing for Diseased Trees for February 3, 1961 E. Set date for Public Hearing for Basswood Terrace - rezone 9 acres from RM 2.5 to RM 6.5 and T1-13.5 for February 3, 19B1 I Redpath requested that item IX.C.1., "Request for Light in Pedestrian Under- I pass" be moved to the "Consent Calendar". Mayor Penzel asked that the item referring to the right-of-way condemnation process involving staff to proceed if a satisfactory long-term solution cannot be worked out by the middle of the month also be added. MOTION: Edstrom moved, seconded by Bentley, that items A., B., C., D., E., 1 as well as the request for a light in pedestrian underpass and the right-of- way acquisition question be approved. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 4501 - 4562 and 457D - 4741 MOTION: Redpath moved, Edstrom seconded, to approve Payment of Claims Nos. . 4501 = 4562 and 4570 - 4741. Roll call vote: Bentley, Edstrom, Redpath, Tan- I gen, and Penzel voted "aye". Motion carried. a VI. REPORTS OF ADVISORY COMMISSIONS Bob Lambert stated that Mick Anderson had come before the Parks, Recreation, & Natural Resources Commission several months ago suggesting that the Commis- sion appoint a representative to the Advisory Council. This request was made by Mr. Anderson because the City had not been represented. The Parks, Recre- ation & Natural Resources Commission then forwarded this request to the Council HA at which time the Council suggested Mr. Anderson submit a letter to the Council for appointment in January. Redpath wondered how often the Advisory Council meets; Lambert said once a month, on the third or fourth Thursday. Redpath noted that since most of their programs deal with the Parks Department it would seem likely that the Parks, Recreation & Natural Resources Commission he represented. Penzel stated it is the Council's choice -- we can send one of our own members, if someone is willing to volunteer; or the Parks, Recrea- tion & Natural Resources Commission can send someone. The matter was referred to the Parks, Recreation & Natural Resources Commission. i;2 -3- 4 • VII. APPOINTMENTS t A. Metropolitan League of Municipalities - appoint 1 representative and 4 alternates. MOTION: Edstrom moved, seconded by Redpath, to appoint Mayor Penzel sc as Representative to the Metropolitan League of Municipalities and the remaining four Council members as alternates. Motion carried unanimously. B. Health Officer - Appointment of 1 Health Officer for the year 1981 - MOTION: as Health Officer seconded 1981. otion Redpath, carried reappoint unanimouslyFrederic i a C. Suburban Rate Authority - appointment of 1 representative to the { Suburban Rate Authority for 1981. MOTION: Redpath moved, seconded by Edstrom, to appoint George Tangen as representative to the Suburban Rate Authority with Carl Jullie as the alternate. Motion carried unanimously. c D. South Hennepin Human Service Council - appointment of 2 repre- , sentatives to serve 2 terms commencing 2-1-81 i MOTION: Redpath moved, seconded by Edstrom, to appoint Rosemary Dysinger and to reappoint Mary Hayden to the South Hennepin Human 1 l Services Council. E. Assistant Weed Inspector - appointment of Assistant Weed Inspector for 1981 MOTION: Tangen moved, seconded by Bentley, to appoint Wes Dunsmore as the Assistant Weed Inspector for 1981. Motion carried unanimously. F. WAFTA Board - appointment of 1 representative for a 1 year term MOTION: Bentley moved, seconded by Redpath, to reappoint Lowell Lund to the WAFTA Board. G. Planning 2, Zoning Co mission - appointment of 1 representative to fill George Bentley s unexpired term to 2-28-83. The names of Dennis Marhula, Bob Hallet, and Mary Beth Buckman were placed into nomination. Upon tabulation of ballots, Bob Hallett was selected to serve on the Planning & Zoning Commission. MOTION: Redpath moved, seconded by Bentley, to cast a unanimous ballot for the appointment of Bob Hallett to the Planning & Zoning Commission. Motion carried unanimously. ( /)-2) -4- H. Parks, Recreation & Natural Resources Commission - appointment of 2 representatives to fill unexpired terms to 2-28-83. The names of Jerry Kingrey, Allen Upton, Marty Jessen, and Philip Parsons were placed into nomination. • Upon tabulation of ballots, Jerry Kingrey and Marty Jessen were selected to serve on the Parks, Recreation & Natural Resources Commission. MOTION: Redpath moved, seconded by Edstrom, to cast a unanimous ballot for the appointment of Jerry Kingrey and Marty Jessen to the Parks, Recreation & Natural Resources Commission. Motion carried unanimously. I. Appointment of Actino City Manager - to fill the position to be vacated by Roger Ulstad until a new manager is hired. MOTION: It was moved by Edstrom, seconded by Redpath, to appoint John Frane to the position of acting City Manager. Motion carried unanimously. Penzel asked council members to consider a salary adjustment for the acting City Manager for the period of added responsibility. This matter can be considered at the next regular Council meeting. VIII. ORDINANCES AND RESOLUTIONS A. Resolution No. 81-01, designating the official meeting dates, time and place for the City of Eden Prairie Council Members in 1981 and appointing an Acting Mayor. MOTION: It was moved by Tangen, seconded by Redpath, that the City Council of Eden Prairie meet on the first and third Tuesdays of each month at 7:30 p.m. to be adjourned by 11:30 unless the time is extended by unanious consent of the Council. Motion carried unanimously. MOTION: It was moved by Edstrom, seconded by Tangen, to appoint Paul Redpath acting Mayor. Motion carried with Redpath abstaining. B. Resolution No. 81-02, designating an official newspaper. MOTION: Redpath moved, seconded by Bentley, to designate the Eden Prairie News the official newspaper. Motion carried unanimously. C. Resolution No. 81-D3, authorizing City Officials to transact banking business_ MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 81-03. Motion carried unanimously. D. Resolution No. 81-04, authoiri.ins use of facsimile signatures by ( Public Officials. ------ ------- MOTION: Moved by Bentley, seconded by Edstrom, to adopt Resolution No. 81-04. Motion carried unanimously. ((I -5- • E. Resolution No. 81-05, designating depositories. g MOTION: Moved by Redpath, seconded by Edstrom, to adopt Resolution No. 81-05. Motion carried unanimously. F. Resolution, No. 81-06, authorizing the treasurer to invest City of • Eden Prairie funds. s MOTION: It was moved by Redpath, seconded by Edstrom, to adopt Resolution No. 81-06. Motion carried unanimously. 4 Y. G. 2nd Reading of Ordinance No. 80-33, granting a franchise to Minnesota , Cablesystems-Southwest, a Minnesota Limited Partnership, to operate and maintain a Cable Communication System in the City; setting forth conditions accompanying the grant of franchise; providing for regulation, I and use of the System; and prescribing penalties for the violation of its provisions. r Mayor Penzel called attention to the letter placed before the Council this evening by Wayne Courtney for the Southwest Suburban Cable Commission. He also called attention to the memorandum to the Mayor and City Council front Richard F. Rosow, City Attorney's Office. The Mayor asked Mr. Rosow if the improprieties which allegedly occurred prior to one of the Southwest Suburban Cable Commission meetings would have an impact on the deliberations of this Council since this Council acts in an independent fashion with the Southwest Cable Commission being an advisory body. Mr. Rosow explained that any violation of the open meeting law under the most recent Supreme Court case does not void the action of the body that is accused of violating that law. The penalty is a misdemeanor and a $100 fine but the action remains valid,so even under that interpretation the actions of Southwest, if there was an inpropriety, remain valid; and taking that one step further, the actions of the Southwest do not in any way affect the actions of this Council. Mayor Penzel established that all the Council members, although they may not have been officially part of the whole process, are wholly familiar with the background information provided by the applicants and have received the various communications that were sent to the Council; therefore whatever decision or vote might be cast this evening is with full familiarity of the facts as they have been submitted. Mr. Rosow pointed out that applicants are also attending a City Council meeting in Hopkins this evening where a second reading of the ordinance is being heard. An attorney for the Commission had spoken with him and requested that this item be the last one on the Council agenda so the i applicants might be able to make a statement if the opportunity arose. ii Mayor Penzel asked if the representatives in the audience had any ob- jections to that. Tern Ticen, Northern Cable Vision and Teleprompter q. representative, and David Jones, Minnesota Cablesystems-Southn,est rep- resentative voiced no objections. MOTION: Cdstrom moved, seconded by Redpath, to move this item to the last item on the agenda. Motion carried unanimously. 5ti -6- IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Federal Wildlife Refuge - Councilman Edstrom reported on a meeting he had attended on December 18th in Shakopee put on by the Federal Wildlife Refuge authorities regarding the Minne- sota Valley Federal Wildlife Refuge which is proposed to • take property from south of Shakopee to Fort Snelling,including a large segment of property in Eden Prairie. The Council has previously supported this idea subject to Congressional action. Three alternatives were discussed: one of which was, for at least the Eden Prairie portion, practically no development; the next { was for a trail system; while the third would provide for a nature center located roughly at the end of Eden Prairie Road. Edstrom discussed with Crozier, head of Fish & Wildlife Service, a presentation to the Eden Prairie City Council, the Parks, Recreation & Natural Resources Commission, and any interested residents. Mr. Lam- 1 bert will arrange a special meeting as this same matter was discussed at last evening's meeting of the Parks, Recreation & Natural Resources Comm, l sion. A february deadline for submitting a final master plan to the Fed- 3 eral Government has been set so the meeting will be soon. k 2. Hazardous Waste Commission - Councilman Bentley reported that the site selection process will be similar to the solid waste i disposal site selection process. Meetings are now in process and f are being held throughout the State. Six potential sites are to be selected. There has been no discussion of abatement. Edstrom I noted that there will be a February 3rd meeting of the Waste Manage- 3 ment Board and that is a Council meeting night. Bentley will see . if Sidney Pauly would be willing to attend that meeting. B. Report of the City Attorney Mr. Pauly reported on progress in discussions with Virgil Siefert re- garding purchasing some of his land for a park in the Red Rock area. Mr. Siefert is willing to consider the offer of the City and Mr. Pauly is now in the process of putting together a package. s On-Belay proposal: the proponent is now exploring some other avenues I and is not proceeding with the percolation tests at the Franlo site. Ulstad said he had further discussions with the proponent it at which time the proponent discussed the feasibiity of a site near i the Methodist Clinic and another north of Chester's in Edenvale. It I was the general feeling that the site near the Methodist Clinic was € the better of the two. Planning Director Enger said that the options 3 within a PUD would be better and either of the mentioned sites would fall in this category. Edstrom stated that this a facility we would like to have. Tangen said he would agree with incumbent members of 3 the Council. C. Re2ort of the City Manager 1. Request for Light in Pedestrian Underpass - moved to consent calendar. l--ri -7- • 2. National Wildlife Refuge Resolution (Resolution No. 81-08) - MOTION: Moved by Edstrom, seconded by Bentley, to continue this item to the January 20th meeting. Motion carried unanimously. D. Report of the Finance Director 1. Clerk's License List - Eden Prairie Steak Associates MOTION: Edstrom moved, seconded by Redpath, to approve an on-sale liquor license for 1981 for Eden Prairie Steak Associates. Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye". Motion carried unanimously. X. NEW BUSINESS A. Slope Ordinance Penzel stated that just as we have ordinances for flood plains and certain other natural features,it might be desirable to again consider protecting slopes from development. This could be done by reviewing such ordinances in other communities. Bentley agreed it would be a useful tool and would like to see some criteria set down which would establish such an ordinance. Tangen felt other Commissions would welcome such an ordinance also. MOTION: Edstrom moved, Bentley seconded, that staff be directed to prepare an ordinance for the Council's review. Motion carried unan- imously. B. Community Center Manager Ulstad reported that the selection process has begun for the hiring of a Community Center Manager with an advertisement in the Sunday newspaper. A member of two from the Parks, Recreation & Natural Resources Commission plus one or two members of the Staff will serve as the screening soamiittee to narrow down the number of applicants. The Council will have the final say in who is appointed to this ad hoc committee. VIII. G. 2nd Reading of Ordinance No. 80-33 - (continued from page 5) Mayor Penzel reiterated that all council members are well aware of the details of all the proposals and of the various communications submitted by the applicants. MOTION: Moved by Edstrom, seconded by Redpath, to give 2nd reading to Ordinance No. 60-33, granting a franchise to Minnesota Cablesystems- Southwest, a Minnesota Limited Partnership, to operate and maintain a Cable Communication System in the City; setting forth conditions accompanying the grant of franchise; providing for regulation, and use of the System; prescribing penalties for the violation of its provisions; and authorizing the Mayor and City Manager to sign all necessary docu- • merits. Motion carried unanimously. { -8- X. NEW BUSINESS - continued C. Criteria for Selecting a New City Manager Mayor Penzel recommended the first order of business be that of determining dates for the resume review sessions. It was determined • that Monday, January 12th and Thursday, January 22nd would be best. The meetings will be at 7:30 p.m., the first one being in the Con- ference Room as there is a Planning & Zoning Commission meeting that evening. To preserve the confidentiality of the applicants, Mayor Penzel. reminded everyone to refer to them only by the number which appears on the front page of each resume. No reference will be made to home town either. Penzel said it might be a good idea to have two sets of questions, one set to be asked of the "resume successful" candidates and the second set to be asked of the people who qualify for personal in- terviews. Redpath suggested that each Councilman submit eight questions at the next meeting. Penzel noted that the last time the Council went through this process the personal interviews lasted one and a half hours with the first 45 minutes devoted to questioning the candidate, the next 15 minutes were for questions from the can- didate, and the next 30 minutes used by the Council to discuss the merits of the candidat mongst Phe members themselves. A possible timetable was discussed. Assuming the last applications reach the Council on the 22nd of January, we can look to sending out candidate questionnaires before the end of January. If things are running at high speed, we can look to have the answers back about February 15th, with the 20th being a more realistic date. By the end of February we will again reduce the number. At this time we will invite the candidates to Eden Prairie for personal interviews which will take a minimum of two weekends. If we decide to visit the candidates' communities, we will have to allow time for this. Consideration must also be given to the fact that the person accept- ing the job must give 30-60 days notice which puts us somewhere be- tween May 15 and June 15 for a new City Manager. XI. ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 10:01 PM. Motion carried unanimously. J� . EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES MONDAY, JANUARY 12, 1981 SPECIAL MEETING 7:30 PM, CITY HALL CDUNCIL MEMBERS PRESENT: Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath aqd Geor a Tangen COUNCIL STAFF PRESENT: Acting City Manager?koger Ulsta Keith Wall and Bob Tyson, Depair'tment"of is Safety; and Karen Michael, Recording Secretary. Mayor Penzel called the meeting to order at 7:30 p.m. He asked that in addition to discussing the resumes for City Manager that two additional items be added: John Frane's report on the progress on tax increment districts; and, the first item to be taken up, a canine squad. CANINE SQUAD: Mayor Penzel told about the effectiveness of the canine squad in Eagan. It is used only when needed -- the dogs are sent in when there is a break- in, during times of labor unrest, in checking warehouses, etc. The Chaska dog was used very effectively in Eden Prairie last year during the Roll Tank strike. Keith Wall explained that the Crime Fund people have offered to fund the canine corps for its first year which presents the City with a unique opportunity. Training is available locally in St. Paul and this training will probably not be available in the area after this year. This cuts down on the costs as other training facilities are located on the East and West coasts. The St. Paul program costs $1,000 which includes the cost of the dog and the training and is a combination community relations/ street dog program. The dogs are carefully screened and are only accepted into the program if they will be good with kids as well as able to do warehouse duty. The Crime Fund r•would pick up the cost of the training and the cost of the kennel which will be located at an officer's home as well as the first year's dog food and. veterinarian's fees. Wall estimated the cost after the first year to be about $1,000. The police officer in charge of the dog would he the dog's handler and trainer and would be given four hours a week in compensatory time off because he would be responsible for • daily training of the dog. He said there are a number of communities now looking into canine squad programs including Shakopee, New Prague, Savage. The Public Safety Depart- ment feels the time is ripe for this type of program. MOTION: Tangen moved, seconded by Redpath, to authorize the Public Safety Department to proceed with the canine squad program. Motion carried unanimously. LEGAL MITERS: Acting City Manager John Frane brought the Council up to date on what has transpired since the January 6th Council meeting. WATER PLANT EXPANSION: This corning year we expect to begin the expansion of the water plant This moans the Department of Public Safety will lose its home. Mayor Penzel recommended that each Councilman tour the new Public Safety Building in Eagan as this building has been exremely well thought out - from the materials used on the walls to a closed circuit tv system used to monitor the building as well as a video tape system used mainly to record the actions of drunks. Bentley asked at what point do we start seriously to pursue something? Penzel said that it should be quite soon as it will take from 3 - 6 months to design a building. Acting City Manager franc explained that a referendum will be necessary this year on the continuance of liquor and that might be the time to bring up the building matter. franc also explained that the City is now in the process of buying land adjacent. to City Hall with options on more acreage. CITY MANAGER RESUMES: Those receiving "yes" votes on the first round were: 1, 3, 5, 6, 8, 15, 18,20,21, 22, 23, 29, 30, 31, 33, 34, 35, 36, 39, 44, 45, 46, 53, 61, t and 62. Those receiving "no" votes on the first round were: 2, 4, 7, 9, 10, 11, 12, 13, 14, 16, 17, 19, 24, 25, 26, 27, 28, 32, 37, 38, 40, 41, 42, 43, 47, 48, 49, 50,-51, 52, 54, 55, 56, 57, 58, 59, 60, 63, 64, and 65. Mayor Penzel and Councilman Bentley submitted questions they had drafted. They are as follows: 1. What is your management philosophy? 2. What is your role vis-a-vis the Council, Staff and residents? 3. What is Eden Prairie's role in the Metro contex? 4. What is your view of the relationship of organized labor and the City? 5. What is your approach to budgeting? 6. What should the impact of local government be on the residents? • 7. What level of personal staff do you require? 8. What is your knowledge of Eden Prairie, or conversely, what would you like to know? 9. How would you finance major improvements? 10. Submit standard personnel form. 1. What is your philosophy on establishing a budget? 2. To what extent do you believe the City should, get involved in encouraging development? 3. What is your philosophy on personnel management? 4. Generally speaking, what is your approach to labor negotiations? 5. What role do you see for yourself in relationship to the City Council, the staff, and the community? 6. What major attribute would you bring with you if you were selected as City Manager? 7. What do you see as your major weaknesses? 8. Why do you want the job as City Manager in Eden Prairie? Edstrom added: What are the most significant challenges municipalities will face in the 1980's? • Penzel added: How soon will you be available? These questions will be discussed further at the January 22nd meeting. MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 9:45 PM. • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST January 20, 1981 4 CONTRACTOR (Multi-family & Comm.) PLUMBING (Con't.) Richard Miller Homes Medicine Lake Mechanical Rutledge Construction Co. Penn Plumbing Watson-Forsberg Co. Richfield Plumbing Rivard Plumbing & Heating CONTRACTOR (I & 2 Family Standard Plumbing i Sunrise Plumbing i Durabilt Associates, Inc. Thompson Plumbing Co. Elferina Construction, Inc. Westonka Plumbing & Heating Jensen Homes, Inc. Pakorny Company f Roy D. Johnson Builders, Inc. Royal Plumbing & Heating i, Overmoe & Schrempp Solberg Plumbing 6 Katherine Taylor Homes Southtown Plumbing, Inc. Sussel Company Stant Plumbing & Heating TLE Construction Co. Voss Plumbing & Heating Waby Homes, Inc. United Water & Sewer West Suburban Builders Wenzel Plumbing & Heating, Inc. Woodland Homes, Inc. 3 GAS FITTER i HEATING & VENTILATING y. Advanced Heating & Air Cond. Advanced Heating & Air Cond. Boedeker Plumbing & Heating Central Air Cond. & Heating Northland Mechanical Contr. Rouse Mechanical, Inc. Rouse Mechanical, Inc. Seasonal Control, Inc. Seasonal Control, Inc. Fredrickson Heating & Air Cond. Commercial Air Conditioning, Inc. Commercial Air Cond., Inc. Standard Heating & Air Cond. Northwestern Services, Inc. Voss Plumbing & Heating Pakorny Company Fred Vogt & Company Royal Plumbing & Heating Wenzel Plumbing & Heating, Inc. Southside Heating & Air Cond. Standard Heating & Air Cond. SCAVENGER • _ Fred Vogt & Co. Wenzel Plumbing & Heating Roto Rooter PLUMBING CIGARETTES & TOBACCO John Adelman Plumbing Getty Refining Aqua City Plumbing Service Systems Blaylock Plumbing Co. Twin City Vending Co. Budget Plumbing Preserve Rexall Drug Groth Sewer & Water Chesters Family Restaurant Raymond E. Haeg Plumbing Eden Inn Lakeside Plumbing & Heating FOOD HANDLERS TYPE A VENDING MACHINES Chester's Family Restaurant Chester's Family Restaurant General Nutrition Center Coca Cola Bottling Co. McDonalds Dircon Enterprises Sears, Roebuck & Co. Gold Metal Beverage Christopher Harrison FOOD HANDLERS TYPE C Interstate United. Corp. Preserve Rexall Drug Barberio Cheese House Service Systems Corp. My Cheese Shop Twin City Vending • • RETAIL CANDY • Chester's Family Restaurant • Morrow's Nut House • Preserve Rexall Drug • Sears, Roebuck & Co. • These licenses have been approved by the department head responsible for the licensed activity. A—LI:4/6st Rebecca M. Warner, Licensing Clerk • January 20, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ( RESOLUTION NO. R81-17 RESOLUTION APPROVING PLANS ANO SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (51-382) WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., has prepared plans and specifications for the following improvement, to wit: Improvements in Meadow Park, I.C. 5I-360, Valley View Road (watermain - Braun's site), I.C. 51-366 and Willow Creek Road/Flying Cloud Drive, I.C. 51-382 and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE_CITY COUNCIL_OE 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:OD o'clock A.M. on Friday, February 20, 1981, and considered by the Council Chambers of the-City Hall, and that not 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. ADDPTED by the Eden Prairie City Council on • Wolfgan H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk 63 • • l January 20. I981 CITY OF EOEN PRAIRIE ( HENNEPIN COUNTY. MINNESOTA RESOLUTION NO.R81-18 • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (I.C. 51-354 III & IV) WHEREAS. the City Engineer, through Black & Veatch Consulting Engineers has prepared plans and specifications for the following improve- ments, to wit: I.C. 51-354 III, Contract NO. 3 for connecting watermain lines. I.C. 51-354 IV, Contract No. 4 for water plant expansion. 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, February 26, 19B1, and considered by the Council at 7:30 o'clock P.M. on Tuesday March 3, 1981, 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 such bid. ADOPTED by the.Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 6,14 . • ( MEMO TO: Mayor Penzel and Members of the City Council THROUGH: John Frane, Acting City Manager DATE: January 16, 1981 SUBJECT: Vacating a Part of Plaza Drive and Related Drainage and Utility Easements in Menard Addition Menard, Inc., has requested final plat approval of Menard Addition replat. Approval of this plat will allow the relocation of Plaza Drive to an area of better soil conditions and improve the intersection point with Schooner Boulevard. Approval of this plat will necessitate the ' vacation of a part of Plaza Drive and a related easement. It is recommended that the Council set the hearing date for February 17, 1981, for the vacation of part of Plaza Drive and related and utility easements in Menard Addition. CJJ:kh Attachments • s f9i a • I „le 7 r' ' Jan. 26, 1981 i. CITY OF EDEN PRAIRIE ( HENNEPIN COUNTY, MINNESOTA ' RESOLUTION NO. R81-19 RESOLUTION SETTING HEARING FDR ( VACATING A PART DF PLAZA DRIVE WITHIN THE PLAT DF MENARD ADDI- TION AND RELATED DRAINAGE AND 1 • UTILITY EASEMENTS WHEREAS, it it proposed to vacate certain right-of-way which is no longer needed and which is legally described as follows: That part of Plaza Drive, as platted in Menard Addition, Hennepin County, Minnesota, lying northerly of the 9 following described line and its northwesterly extension: j Commencing at the most southerly corner of said 1 Dutlot F, the Southwesterly line of which has an , assumed bearing of N 45000'DO"W, thence north- easterly, along the southerly line of said 1 Outlot F, being a non tangential curve concave • to the northwest having a central angle of i 9°49'20”, a radius of 759.61 feet., a chord ' ( • bearing of N 49°54;40" E, and an arc distance of 130.22 feet to the point of beginning of the line to be described; thence South 45°00'00" East and normal to last described curve, a distance of 6D.31 feet to the southeasterly line of said Menard Addition and there terminating, and That part of Lot 1, Block 1 and Outlot 0, both in-Menard Addition, as platted and of record-in the office of the County Recorder, Hennepin County, Minnesota, lying 30.00 feet northwesterly of and 10.00 feet southeasterly of the following described line: - Commencing at the most westerly corner of said Lot 1, thence south 45°00'00" east, bearing assumed, along the southwesterly line of said Lot 1, a distance of 185.00 feet; thence south 45°00'00" west, along said southwest- erly line, a distance of 60.00 feet; thence south 45°00'00" east, along said southwesterly line, a distance of 134.00 feet; thence north 45°00'00" east, a distance of 215.00 feet to the point of beginning of the line to be described; thence north 45 00'00" east, contin- uing along last described course, a distance of 419.00 feet, and there terminating. NOW, THEREFORE, BE IT RESOLVEO by the Eden Prairie City Council as follows: LL Resolution No. R81- 19 1. A public hearing shall be held on the 17th day of February, 1981, at the Eden Prairie City Hall to consider the vacation of said Plaza Drive and said easement. 2. The City Clerk shall give proper legal notice of such hearing as required by law (2 weeks published and posted notice.) ADOPTED by the Eden Prairie City Council on • • Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • i January 13, 1981 i j 1 • • a Mr. Chris Enger ! � Planning Director I City of Eden Prairie j 8950 Eden Prairie Road ! Eden Prairie, Minnesota 55344 f RE: MIS/MCC PUD 3 I, i I Chris: Please place the proposed PUD 1 Concept on the City Council agenda for their consideration 1 at a public hearing. If you require additional information, please let me know. Thank you. k BRAUER & ASSOCIATES LTD., INC. ''''= :::V V . John A. Worrall II Planner mt cc Paul Strand AFrank Miesner I r . R I r::5)''. l m / , . { 7901 Flying Cloud Drive,Eden Prairie,Minnesota 55344 0 (612)941-1660 HOWARD DAHLGREN ASSOCIATES INCOMPOILITCD CONSULTING PLANNERS ONE OROVELAND TERRACE MINNEAPOLIS,MINNESOTA 55403 Sit.377•3530 14 January 1981 Mayor Wolfgang Penzel and Members of the City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 RE: Request for Public Hearing Date for Eden Glen Commercial PUD Dear Mayor Penzel And Members of the City Council: At their 12 January meeting, the City Planning Commission voted unanimously to recommend concept approval for the 15.2 acre Eden Glen Planned Unit Development. We have reviewed and discussed the recommendations contained in the Planning Staff Report regarding our development, we have found them to be reasonable, and have revised our plans to comply with them. Therefore, consistent with the City's development review and approval process, we are requesting, on behalf of Jesco, Inc., that a date be set for a public hearing on our proposal. Thank you for your consideration on this matter and we look forward to appearing before you to answer any questions which you may have about our development. Yours very sincerely, ohn Shardlow, Principal Planner 1 Howard Dahlgren Associates, Inc. • cc: Jon Pope Bill Quinlan • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission TMRU: John D. Frane, Acting City Manager FROM: Bob Lambert, Director of Community Services — l'L^ DATE: Janaury 14, 1981 • SUBJECT: Minnesota Valley National Wildlife Refuge Information Meeting At both the January Sth Parks, Recreation and Natural Resource Commission meeting and the Janaury 6th City Council meeting, the subject of the master plan for the Minnesota Valley Wildlife Refuge was discussed. Both �. the City Council and the Commission requested staff to set up a meeting with the Planning Team for the Refuge to review the draft master plan for development of the Refuge. Mr. John Tietz has agreed to provide a brief slide presentation and review of the proposed master plan and programs for development of the Minnesota Valley Wildlife Refuge and Recreation Area at the February 2nd meeting of Parks, Recreation and Natural Resources Commission. This item will be the first item on the agenda, scheduled at 7:30 P.M. City Council members, as well as any other residents in the community interested in the development of the Wildlife Refuge are invited to attend this meeting to provide input to the development plan for the Refuge. Hopefully, as a result of this meeting, the City of Eden Prairie can provide a City position supporting the Refuge and certain aspects of the development. City staff requests the City Council to continue the resolution regarding the National Wildlife Refuge to the February 3, 1981 Council meeting. BL:md !! l . • ( i MEMORANDUM TO: Mayor and City Council THRU: Robert A. Lambert, Director of Community Services FROM: Stephen Calhoon, Park Planner/ - DATE: January 9, 1981 • SUBJECT: Skid-Steer Bid • On January 8, 1981 staff received bids for one skid-steer loader. The following bid was received: ,' Case Power and Equipment $8,500 1 The City has been leasing this machine since May 15, 1979. Case is allowing the City 85% credit on rent already paid, which amounts to l $7,140. This machine meets the advertised bid specifications; therefore, the staff requests permission to purchase the skid-steer loader from Case Power and equipment. SC:md • r �i • • W.MORANDUM • TO; Mayor and City Council THRU: Bob Lambert, Director Community Services FROM: Stuart A. Fox, City Forester Cti DATE: Janaury 9, 1981 ' • SUBJECT: Bid Summary for Trailer Mounted Tree Spade ' The City advertised for a trailer mounted tree spade capable of moving . trees up to 4" in diameter. The City received 1 bid, as follows: Vermeer Sales and Service $15,426 The bid meets all the specifications and staff recommends that the contract be awarded to Vermeer Sales and Service for $15,426. SAP:md • • • • • • - i f 12 • Minutes -Parks, Reoreation do ..'approved December 15, 1980 Natural Resources Commission 3— • MEMBERS ABSENT: Marge Frederichs, Gloria Pond, Larry VanMeter B. Reports of Staff • 1. Development Proposals • a. Fairway Woods Amendment Larry Laukka was present to give a brief presentation of the project. • • Laukka located the project in Edenvale, South of Valley View 1 Rd. and West of Kitchell Road. In 1974 the project, under a different developer, went into default. Laukka acquired the land in 1977 and reduced the size and massing of the buildings from the original project proposal. Re said the site needs about 90,000 yards of fill due to how the sewer was originally put in. Extra services will include completing a swimming pool which is already in, and putting 2 tennis courts in. Anderson asked where the buildings are in relation to the flood- plain. Lambert said the original plan was approved in 1972 before the Floodplain Ordinance and Purgatory Creek Plans were adopted so.some of the buildings do lie within the floodplain. Lambert added that personally he would like to see the'projeot move out of the conservancy area, but this case is different because of the original plan approval in 1972. Be added that the Planning Commission unanimously approved this proposal. MOTION: Breitenstein moved to approve Fairway Wood Amendment per Staff recommendation. Johnson seconded the motion and it carried unanimously. t ' • • approved Manning Commission Minutes December 8, 1980 MEMBERS ABSENT: William Beaman, Matthew Levitt • A. FAIRWAY WOODS AMENDMENT, by Laukka & Associates. Request for PUD Amendment to construct 120 condo- miniums upon 15 acres zdned RM 2.5. Located Northwest of existing Fairway Wood Condominiums and South of Valley View Road. A public hearing. • The Planner stated that the developer proposes an alteration of the site plan that was approved in 1973. He introduced Mr. Larry Laukka who would present the project. Larry Laukka, Laukka & Associates, reviewed the original proposal of 143 units, went over the alteration, stated that the surrounding home- owners will be able to use the recreational facilities, reviewed the landscaping plan, and grading and utilities plan. • The Planner reviewed the staff report of December 4, 1980, covered parking and roads, and also reviewed the screening of the site. Torjesen questioned whether one of the buildings met the 35' frontyard setback. The Planner replied that it was very close and could easily be modified to comply. Bentley asked if this development would adversely affect the golf course and stated that he was concerned with the crossing of pedestrians to get to the golf course. Laukka replied that they would carefully plan the road crossing area within the development to assure a safe crossing. Bentley stated that he was also concerned with the Riley-Purgatory Creek Watershed letter dated December 3, 1980. Laukka stated that they plan to go to the Watershed for approval. Sutliff asked if the sidewalk along the public road will be concrete. The Planner replied yes. Bentley asked why the cul-de-sacs were not recommended to be public. The Planner replied •that- they are not up to public standards and the Homeowners Association would be responsible for maintenance of them. Torjesen asked the price range of the units. Laukka replied between $55,000 and $75,000. Garnter asked if that price includes appliances. Laukka replied yes. Conrad Sor•vick, 14322 Fairway Drive, felt that the proponent has been very cooperative with the homeowners and stated that they approve of the project. Glen Meinke, 14336 fairway Drive, stated that he wanted to know how close the buildings are to the proposed street. Laukka replied approximately 35' to 40' from the corner of the building and also stated that they will berm to protect the end of the existing building. • approved Planning Commission Minutes -2- December 8, 198C Lawrence Felsenberg, 14321 Fairway Drive, was concerned with the use of concrete as opposed to blacktop for the sidewalk. The Planner replied that blacktop has long-term maintenance problems if used for a public wo. Torjesen asked if gravel could be used for the sidewalk. The Planner replied it cannot be used in a right-of-way, because of maintenance proble Laukka stated that they will respond with a sidewalk plan before going to the City Council and Parks, Recreation, and Natural Resources Commission. Retterath asked if there could be a trailway or bikeway other than a sidewalk. Laukka replied that there is a limitation as to where the sidewalk could be because of vegetation and terrain problems. William Rumpel, 14338 Fairway Drive, stated that he was opposed to a sidewalk. The Planner replied that the sidewalk is a convenience to the walking person, and also stated that the Parks, Recreation and Natural Resources Commission will have this item on their agenda. Torjesen asked if a lot of traffic is anticipated on the road. The Planner replied very little. MOTION 1 Bentley moved to close the public hearing. Sutliff seconded, motion carried 5-0. MOTION 2 Gartner moved to recommend to the City Council approval of the revised plan dated December 8, 198D contingent on the staff report of December 4, 1980. Torjesen seconded. DISCUSSION Bentley asked that the motion include requiring the proponent prepare a trail system to present to the Parks, Recreation, and Natural Resources Commission prior to City Council consideration and include the Department of Transportation letter dated October 20, 1980 and the Riley-Purgatory Creek Watershed letter dated December 3, 1980. Amended motion carried 5-0. • • l MEMORAND@I TO: Parks, Recreation and Natural Resources Commission FRO1A: Bob Lambert. Director of Community Services DATE: December 10, 1980 • • • SUBJECT: Development Proposal Check List PROJECT: Fairway_t'tQO ..[[]eildmPnt • PROPONENT: Laukka and Associates REQUEST: PUD site plan amendment LocATION: In Fdenvalp, Smith of • 'tc-hell Road . BACKGROUND: See Planning Staff Report Dated: December 4, 1980 ' PARK AND RECREATION PLANNING CONCERNS 1. Type of development: 120 units of 4 plex and 8 plex condominium buildings 2. Number of units in residential development: 120 15 S. Number of acres in the project: 4. Special recreation space requirements: None (two tennis courts and swimming pool is proposed S. Adjacent to any existing or proposed parks: No a. Affect on the park: N/A . .. No . 6. Need for a mini park: • 7. Cash park fee or land dedication? Neither •N/A i a. If Cash park fee dedication, amount based on existing ordinance will totnl: b. If park land dedication, the number of acres to be dedicated is N/A / i. C. Existing or pending assessments or taxes on proposed park property total N A i and will be paid prior to dedication. 8. Adjacent to existing or proposed trails: No a. Type of trails N/A N/A • • b. Construction Material E C. Width of trail N/A I i N/A d. Party responsible for construction 1 c,. l.nndcanership of trail location:(dedicated, purchased, ROW) N/A NATURAL tismIRCB rRLSERVATION CPhCf RNS 1. Site grading plan considers natural amenities of the site? Site grr_.di.iig__p1a1L risider __a3tur-al amenities of this site. This planattcpts tJweserve the WoQd.Cd oak hill locate. •fii the soul.hi�nsl-portion or the site. lsi mirth 2. Must significant cut and fill depths on the site arel_iost significant fill is Shoin_j of the tennis court there there, is arproximat2.]y I3'__Lel of fil]_in..ihe floodplain. 7(.O • • • • 3. Significant vegetation on the site includes: Most significant vegetation on this site is the small oak woods covering the hill located in the southeast portion of the site. 4. The site grading plan indicates preservation of: Thp wooded hill prpvinucly identified • s. Adjacent to public waters: Although. this site is within the flnodplain of Purgatory Creek, the lot lines do not abut the creek. a. Affect on waters: The Watershed Mist in and Fngineering should review requirements tor settlement basins tor storm water. REFERENCE CHECK 1. Major Center Arca Study: N/A • 2. Neighborhood Facilities Study: This site is served by the Edenvale Neighborhood Park lnratpd apgroximate_Ly one quarter of a mile to the west 3. Purgatory Creek Study:Although, the Purgatory Creek Study was completed after this . project was previously approved, Community Services staff would recommend .thhhe developer attempt to coa£erK4-to.-the-P. rga-tory Creek Study & not colactruct 4. S KI1t� C1iu4.An4gctcanor gancaoservancy zone. NSA S. Floodplain Ordinance: P1paCp refer to attarhed sheet 6. Guide plan: This project density conforms to the Guide Plan 7. Other: RFCOW..`DATIONS I. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or opposed to the project: 2. planning Co-wission RccommendationLalt ller ft 19Rn, the Planning rntmnicsi'Il_recommended to the City Council a2lproval of the revised plan dated Dec. 8. 1980 contingent upon the staff report of Dec. 4, 1980. Furtherrhore, to request the developer to prepare a trail system to present to the City Council prior to their consideration. Also, to include in the presentation to the C yj QLlncil a letter .front_the_RilryiPingatary..Crcek_19a±exsbed fistrdLt_dated_Der 4,_l9nn 3, Semlu.lnitY._$4:1'YISCs_Rccp14!CI1iji1.1211.i Please_see Attarbed shcpt • 1 / r C Fairway Woods Amendment 5. Floodplain Ordinance: This proposal shows all or parts of five buildings to be constructed within the existing floodplain. However, these buildings will have floor levels higher that the floodplain contour of 842 after filling. The City Engineering Department and the Watershed District should • review the proposed amount of filling to determine if it conforms with the floodplain ordinance. Again, the Community Services Department staff would not recommend any buildings to be constructed within the area of the existing floodplain. • 3. Community Services Recommendation: Although, the Community Services staff agrees with the Planning staff that this proposal is an improvement over the • previously approved project and appreciates the effort of the developer to preserve the wooded oak hill, the Community Services staff feels that in order to be consistent with all previous recommendations regarding development adjacent to Purgatory Creek, the recommmendation for this proposal is to request the developer to revise this proposal removing all buildings from ' the floodplain and the conservancy zone. The Communtiy Services staff requests that while considering this project the Commission take under ' consideration the following facts: 1. This site is currently zoned to allow 143 condominium units on 15 acres of land. The previously approved project could proceed without any further approvals. 2. There is no doubt that the wooded oak hill would be lost if '. these units were all pulled out of the existing floodplain and, furthermore; the through road would probably have to be eliminated, if all units were pulled out of the conservancy zone. 3. The land to the south of Purgatory Creek is the Edenvale Industrial Warehouse site. 4. No floodplain in this area has been dedicated to the City as of this date, nor can the City require any park dedication in ,this area because of previous comittments in the Edenvale 11 POD. • • q a MEMO TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: December 4, 1980 • SUBJECT: FAIRWAY W000S AMENDMENT • APPLICANT & FEE OWNER: Laukka & Associates REQUEST: PUD site plan amendment PROJECT LOCATION: In Edenvale, South of Valley View Road and West of Mitchell Road. BACKGROUND • The site is currantly zoned RM 2.5 to allow 143 condominium units on 15 acres of land. This is consistent with the original Edenvale PUD and the Comprehensive Guide Plan. The proponent is requesting approval of a site plan revision to allow 120 units of 4-plex and 8-plex condominium buildings of a different design than originally planned. #. An EAW is not necessary with this project because it occurs within Edenvale which compiled an overall Environmental Impact Statement. This project was approved prior to the enactment of the Shoreland Management Act, but does meet the setback of 150' from Purgatory Creek. The condominium lots are also greater than 150' from the Ordinary High Water Mark which makes them non-abutting lots. The project was approved prior to the adoption of the Purgatory Creek Study. However, the base man information did not take into account the existing Fairway Woods Condominium buildings near Mitchell Road, or the fact that the balance of the project was also approved. The Conservancy line of the Creek Study runs at approximately the 850 contour except in the center of the project where it runs up through the middle of the wooded knoll. • The east end of the existing condominiums is within this line. The approved plan called for three sets of buildings (two 270 feet in length and one 200 feet long) or approximately 55 units and to parallel the creek at the 834 contour. These buildings were to be three stories high. { From all different aspects, as affects the creek, this plan is an improvement over the original. The units are two story, only the very western two buildings directly face the creek (12 units). The ends, only, of the remaining three buildings (adjacent to the creek) face the creek. Considerably more open space is opened up between units which creates much less of a building mass adjacent to the creek. 1 • Memo-Fairway Woods Amendment page 2 The floodplain elevation in this area is 842. There are approximately three acres of Floodplain within this property. The proponent plans fill in this floodplain area in order to build parts of five buildings, or about twelve of the units. About one acre or a third of the total area would be completely • removed from the Floodplain. Two thirds of the Floodplain would be impacted by fill. However, the volume of the Floodplain is an important criteria which the Watershed District works with. Frequently, fill is allowed if it would not mean more than a one-half acre/foot rise in the natural floodplain in that reach of the creek. In any event, the proponent will have to meet the requirements of the Watershed District, and the encroachment could probably be lessened by some revision by the proponent. • Site Plan , The RM 2.5 zoning category would allow up to 17.4 units per acre, compared to the 9.5 units/acre proposed. Retaining walls are planned in some areas around the oak wooded knoll , in the center of the project, to help preserve the majority of it. Care during construction around this knoll will help save it as an amenity to the project. As in other projects involving construction around wooded areas, the construction limits should be designated and the woods fenced with snow-fence for protection prior to construction. The front yard setbacks in the RM 2.5 zone are 35' . Since a public road has been introduced in the center of the project, there is one 4-plex adjacent to Valley View Road which does not meet this. This can be allowed as a part of the PUD. Additional R.O.W. in this location will have to be obtained by the proponent on the east side of the road in order to bring the dimension up to 50 feet. Road System The introduction of a public road to the project is an improve- ment and will help reduce the maintenance burden for existing and future owners. The cul-de-sacs off of the central road will still remain private however. Because of the lineal nature of the project a sidewalk should be incorporated within the R.O.W to facilitate general pedestrian circulation, and access to the tennis and pool recreation area. Access to Valley View Road should be reviewed and approved by the City Engineering Oepartment and Hennepin County Highway department. The proponent plans to provide 1 garage stall per unit. In addition, there will be full driveway parking in front of the garages. However, this obstructs the garage stall so they are also providing i2 freestanding guest space per unit. • 3 V Memo-Fairway Woods Ameindment page 3 ( The freestanding parking spaces are planned at regular inter- ' vals along and perpendicular to the public road. These spaces •should be 9' x '19' each, hard surface and completely out of the road R.O.W. Recreation 'fhe site occurs within the Edenvale PUD so there is no addition- al parkland or fee required. However, the developer plans to improve the existing pool and add two tennis courts. Trails should connect these areas to the sidewalk. Grading and Drainage • The site can be described as a narrow spine hill. The grading concept is to utilize the center portion of the site for the road. The buildings are then placed on the slopes, but because of the slab on grade construction, these will not be basement walkout units Which can accommodate a change in grade •across their width. Therefore, in some locations, between 5 and 10 feet of fill is necessary. Drainage is collected in the streets and outletted south to the creek in two locations. This plan will have to be reviewed by the Watershed District, and settlement basins may be required. Landscaping Because of the way in which parking is handled (in driveways and on-street) it will not be possible to screen parking areas from public roads. However, since the driveways are four stalls in width, this is not different from duplex situations which are a common occurrence. RECOMMENDATIONS The Planning Staff recommends approval of the site plan revision dated 12/8/80 subject to the following: 1. Review and approval by the City Engineering Department, the Hennepin County Highway Department and the Riley- Purgatory Creek Watershed District. 2. Incorporation of a sidewalk:. and trails to provide circula- tion 'along the public road and access to the pool and tennis courts. 3. Protection of the oak wooded hill by fencing prior to construction. 4. Parking areas along the public street shall be hardsur- faced and completely out of the R.O.W. CE:ss • I i • . ‘,'5,, - ks • (. - • %.Nov- -•••, C •(..`7'`N — I•r\:-,'. ).• . A.- ;...(. . .,',-4."",:1 , .,..,„ ---_A,. .-A,..-;• .;;; I • 1., N,.'-':'!,' ''' •---72...../-c. .'''— .• i. -''!‘ tj(1 -..,' ':,..,,,',. •.i. 4 4k7'1;',7')/, •••••,,)/1111/ ; ^., `,d'ii44:/,4-44/ . .,.'4.\.1.,\\,,t'S\-i‘,,- ;)''.'1•..),ITN.4/.1 ri 1 // .,i'cN.".••."- ;';i,,.,..... 17,, t, 'V•• '''.''cl1----,,..:. ',;7.1 • • .-„c\ •••••,• .,',.;-r--, ii...., n.t..-i'l .,. ...' ,, • ; . . ,.-2,•-.7.--:. ill i.‘• ' ' 1 . 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(-:---- , (..-) (toAl,,:;,/,.5 ,,,....<•)'... ?..,,,-virt .,q.,,. ,/\:.,,,. ..:,,. ,„:, ,/:.---- ' ,.!, ,...„:,?.. i ,./-....-,.../.vi,. ,.............:.,, . • 7,,,,, y .../ ._ .,-'.!..',!..,- ...-7" ‘N<?Z'.:,';‘<V.'.. ,•'.'N\‘'/ --' ( ( • ?9, , • • k CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 81-11 • A RESOLUTION APPROVING THE FAIRWAY WOODS AMENDMENT WHEREAS, the City of Eden Prairie has by virtue of Ordinance 135 provided for the Planned Unit Development (PUD) of certain areas lo- cated within the City, and WHEREAS, the Fairway Wood Planned Unit Development Amendment is considered a proper amendment to the Edenvale PUD 70-03, and WHEREAS, the City Planning Commission did consider Laukka & Associates' request for PUD Amendment of residential and open space uses and recommended approval of the amendment to the City Council, and WHEREAS, the City Council of the City of Eden Prairie did hold a public hearing on January 2D, 1981 to consider Laukka & Associates request. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota as follows: 1. The Fairway Woods Amendment, being in the County of Hennepin and the State of Minnesota, and legally described as Lot 3, Block 1, Edenvale 1st Addition and Lots 1-8, Fairway Woods 1st Addition. 2. That the City Council does grant PUD amendment for residential and open space uses as recommended by the Planning Commission at their December 8, 1980 meeting. 3. That the PUD meet the recommendations of the staff report dated December 4, 1980 from the Planning Department. ADOPTED, by the City Council of the City of Eden Prairie this day of , 1981. Wolfgang H. Penzel, Mayor ATTEST: Jolin 0. franc,City Clerk SEAL 9 �r*rn ry, �4i ll r.atw�Lr,G:i pu p1iN.vl.v.w.cA mockNGI umN,NKMIT muM FAIRWAY WOODS PLAN AMEN AIENT The original Fairway Woods, proposed by Oak Manor Development, which was approved consisted of 145 condominium units and 38 townhouse units foe a total of 183 units. These units were served by a private road system which linked Valley View Road and Mitchell Road and provided a one car garage for each unit. The first phase of development was constructed which included the first 40 units of condominium units, the swimming pool, and the entire sanitary sewer and water system. Ail utilities are currently in place for the entire project. Due to the dawn-swing in the economy in 1973 and 1974 the project was foreclosed in 1975 by the Chicago Title and Trust Company. in 1977 Larry Laukka & Associates bought the unfinished portion of the site from Chicago Title and Trust Canpany with the purpose of finishing the project as originally approved. Based upon two constraints; namely poor soils and questionable housing types, Laukka & Associates are herein requesting a Plan Amendment for the balance of the Fairway Woods project. The existing soil conditions would require extensive soil correction or the use of piles in the construction of some buildings. The approved condominium units were incorporated into three story walk-up buildings 1 which in today's market are extremely questionable. The current proposal for the remaining 15 acres which was originally planned for 143 units, proposes the use of 4-plex and 8-plex condominium buildings for a total of 120 units or a reduction of 23 units. Laukka & Associates Is proposing to install a public roadway through the entire project, which will include going back into the existing development and upgrade to City standards the existing entrance road. As proposed, this roadway will be 2t3 feet in width lying within a 50 foot right-of-way. The proposed develop- ment will utilize the existing inplace sanitary sewer and will rebuild a portion of the water system since it has been dry since installation and would require new seals and sterilization. It becanes more efficient to reconstruct a new water system. The new proposal incorporates guest parking at the rote of one-half a stall per building with an overall parking ratio of two end one-half stalls per unit. The existing pool will be finished off and provided wish additional dock areas. In addition, two tennis courts will be con_-.trucled. • • • 1 �:.t;..!1 tli':i.,'. \1'.'15+t 41 ;:.f':• '•A4�11r I 1 I!v'� :l 11NI.11:^:it[1AO 51 MII:NtAh)1,5 MN 55414 Ifl Nr 512I 7:111116 ( FAIRWAY WOODS PLAN AMENDMENT (Continued) Locatod In the center of the site Iles a predominate hill upon which many very large old bur oaks are found. The general vegetative character of the hill is that of a typical oak savanna. Every effort has been made to retain this natural feature. Numerous meetings with the existing residents of Fairway Woods have been held and they are basically in agreement that this proposal is acceptable and they desire the project to be completed along with the amenity package. • • • • • s II --.1 ...� Riley- Purgatory Creek Watershed District C,-11 .. 8950 COUNTY ROAD 44 ..0.,,,,,,,,, EDEN PRAIRIE,MINNESOTA 55344 pi— A.•..1.11 • December 3, 1980 Mr. Chris Eager ' City Planner City of Eden Prairie 8950 Eden Prairie Road ' Eden Prairie, Minnesota 55344 Re: Fairway Oakt Development: Eden Prairie • Dear Mr. Enger: . • The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District reviewed the preliminary plans for the Fairway Oaks Development as submitted to the District. The following policies and criteria ( of the Watershed District are applicable to this project. 1. The District notes that an encroachment into the 100-year floodplain of Purgatory Creek is proposed. Our calculations indicate that a reduction of 5.2 acre-feet of flood storage is proposed. The District's criteria allows a maximum reduction of 2.4 acre-feet of floodplain volume on this site. Therefore, based on these preliminary plans, the proposed encroachment does not meet the District's floodplain encroachment criteria. This conflict must be resolved prior to final Watershed District approval. The 100-year frequency flood elevation of Purgatory Creek in this area is 841.0. The plans show that a dwelling is to be constructed at elevation 842.0. The District criteria states that all structures must be constructed a minimum of 2 feet above the 100-year flood elevation. 2. The District notes that the proposed development encroaches into the conservancy area as indicated in the Purgatory Creek Corridor and Ppen Space Study. This conflict must be resolved prior to final approval. .. 3. In aceerdancr. with Section h(2) of the District's Revised Mules and Regulations, a grading and land alteration permit will be regntrcd from the District for thi , project. Accompanying this permit tr application, :c detailed plan outlining bow !sediment will be controlled both during, and after construction crust be submittod to the District for review and approval. • • .hris Eager ,c 2 • accmber 3, 1980 • ( 4. A detailed storm sewer plan must be submitted to the District for review and approval. • Thank you for the opportunity to comment on this development at an • early date. If you have any questions regarding the District's comments, please call us at 920-0655. Sincerely, • • Robert C. Obermeyer • • BARR ENGINEERING CO. Engineers for the District • RCO/ill c: Mr. Frederick Richards Mr. Frederick Rahr 9. • • • • • • • • • • j. C 61 • • • 7F- DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 • HENNEPIN • IL 935-3381 October 20, 1980 • Mr. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road • Eden Prairie, Minnesota 55344 , ) • V. Dear Mr. Enger: • • R�,-1oposed Pl ai. "Fairway Woods" --Mitchell Road - Future CSAH 60 So. Of Valley View Road Sections 9 & 10, Township 116, Range 22 Hennepin County Plat No. 866 Review and Recommendations • Mitchell Road is in the process of being designated CSAH 60 from TH 5 to existing CSAH 60 (intersection of Valley View Road and Baker Road). Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -No additional right of way required by Hennepin County in the area of this plat. -Since the traffic volume will increase on the existing street access to Mitchell Road (future CSAH 60) the developer must get an approved Hennepin County entrance 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. -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, i (q. :James M. Wold, P.E. Chief, Planning and Programming JMW/LDW:pj HENNEPIN COUNTY • 1 33 on equal opportunity employer Minutes -Parks, Reoreation do 'approved December 15, 1980 Natural Resources Commission -3- MEMBERS ABSENT: Marge Frederichs, Gloria Pond, Larry Vanfeter b. Edenvale Apartments James Cooperman, architect representing Bar-Ett Construction Co., was present to discuss the proposal. The proponent is requesting rezoning from 23.7 acres to 17.4 acres. They are proposing a 174 unit, 3 story apartment building with underground garage. i - The exterior will be 90,E brick veneer and rough sawn cedar. Cooperman stated that the site presently contains very little vegetation so they plan to reinforce the site with various land- • soaping to include large deciduous trees for wind protection. Lambert noted to Cooperman that Eden Prairie owns 15 acres of open • space to the northwest of this site (Edenvale East) that will require fill to develop. He said this plan does not generate any fill and this fact should be considered. Anderson suggested that a trail easement should be acquired now so there is future access to the park to the northwest. Anderson added that with the increased density this development will create along Mitchell Road, a trailway system along Mitchell should be considered. f Lambert said Staff is proposing a trail at Mitchell Road and if the Commission approves, this will go into the developer's agreement. MOTION: Breitenstein moved to recommend approval of Edenvale Apartments to include a trail development along Mitchell Road and a trail easement north to the City park. Tangen seconded the motion and it carried unanimously. DISCUSSION: Anderson asked if this is an appropriate time to • recommend extending a trail all along Mitchell Rd. north to 5 or further to Starring Lake. Lambert said he prefers to wait until January when this Commission goes over a summary of activity for 1980 and compares this to the goals set and then arrange priorities fur future trail development. approved Planning Commission Minutes December 8, 1980 MEMBERS ABSENT: William Bearman, Matthew Levitt • D. EDENVALE APARTMENTS, by Edenvale Apartments, A Partnership. Request for PUD Development Plan approval, platting of 2 lots, and rezoning from Rural to RM 2.5 for 17 of the 23 acre site. Lo- cated in the east quadrant of Mitchell Road and Valley View Road extended. A public hearing. The Planner stated that Mr. James Cooperman of Bar-Ett Construction Company and Sid and Scott Bader of Z & S Management Company were present. Cooperman reviewed the site, the parking area, stated there will be a totlot and swimming pool. He also stated that each unit will have a balcony. • The Planner went over the staff report dated December 5, 1980. Bentley asked if all units are to be rental. Cooperman replied yes. Bentley stated that he was concerned with the size of the building. The Planner stated that very little grading occurs, the building is placed in good position on the site, and also that the plateau and slope areas are preserved. Retterath asked the degree of the angle of the jog in the building. The Planter •i replied it is 25' . Cooperman stated that each jog is a fire wall. Richard Johnson, 7271 Prairie View Drive, stated that he was concerned with Valley View Road. Phyllis Kielblock, 7262 Mitchell Road, was concerned with the traffic. The Planner stated that there will be approximately 1300 trips per day. Phyllis Kielblock stated that she was also concerned with the time it will take an emergency vehicle to get to the Golf Vista area if it ( occurs in the future at the end of a cul-de-sac. MOTION ] Beritley moved to close the public hearing. Sutliff seconded, motion carried 5-0. MOTION 2' Bentley moved to recommend to the City Council approval of the revised PUD Plan and rezoning to RM 2. 5 as per the plan dated November 14, 1980 and the December 5, 1980 staff report with the following additions: 1. That construction be contingent upon access to hardsurfaced Valley View Road. • 2. That fire access and safety plans be emphasized. { Sutliff seconded, motion carried 5-0. MOTION 3 Bentley moved to recommend to the City Council approval of the preliminary plat dated October 27, 1980 as per the December 5, 1980 staff report with the same additions as in motion #2. Sutliff seconded, motion carried 5-0. ►]p}aRANUUN * a TO: Parks, Recreation and Natural Resources Coanission 1 FROM: Bob Lambert, Director of Community Services • 4 DATE: December 10, 1980 f • SUBJECT: Development Proposal Check List 5i PROJECT: Edenvale Apartments PRorovea7:_gar-Ftt fnnstrtirtipn [p i Rr:Quesr: PUD Development Plan Approval. Rezoning from Rural 2.5 of 17 acres and _ reliminary plat approval of 2 lots: 17 acres and 4.7 acres. , LOCATION. .0 J.nt--of Mitchell Rea nd EAtt:hd.J 1 . BACKGROUND: Sec Planning Staff Report Dated: December 5, 1980 PARK AND RECREATION PLANNING CONCERNS t 1. Type of development: Multi-family - apartments 7 2. Number of units in residential development 2 units i . 9 3. Number of acres in the project: 17 •i 4. special recreation space requirements: None are required; although, we.encourage the development of the swimming pool and tennis courts, etc. proposed. S. Adjacent to any existing or proposed parks: "Edenvale East" dedicated open spare land {! is locatedfl7us onttil a pa knortheast of this site. nrvelnpinent of this cite t,911 put p pressure on the City to develop the Edenvale East site. 6. Need for a mini park:_fin __ ' 7. Cash park fee or land dedication?JOne required as this is wjthin the ErenVale PUD i a. If Cash park fee dedication, amount based on existing ordinance will total: N/A b. If park land dedication, the number of acres to be dedicated is N/A i c. Existing or pending assessments or taxes on proposed park property total N/A t and will be paid prior to dedication. i 8. Adjacent to existing or proposed trails: Prnpcned R' asphalt hil,elay..a.144g-tho—north side i of ValleylView Rype of oa;11s and west side of Mitchell Road. Redrstri��n/Rikei:ay Asphalt b. Construction Material C. Width of trail 8' J d. Party responsible for construction Devel gper 1 4., Landownership of trail location:(dedicated, purchased, ROW) Right-of-way NATin:Al,rrso mcc lSISPRYATION cotrrrrs a I. site grading plan considers natural amenities of the site? There are no significant turaL amenities on this site. 2. Mast significant cut and fill depths on the site are:_fig, ( _--------- 1 q 1 1 i 7 • 3. Significant vegetation on the site includes: N/A k 4. The site grading plan indicates preservation of: N/A gg S. Adjacent to public waters: N/A . ,-a. Affect on waters: N/A • t REPERIitCE CnECK 1 1. Major Center Arca Study: Shows this area as residential • 2, Neighborhood Facilities Study: The Edenvale East dedicated open space area is a proposed nighborhood park site that would serve this residential development. ' 3. purgatory Creek Study: N/A 4. Shoreland Management Ordinance: N/A 'iy S. Floodplain Ordinance N/A i 6. Guide Plan proposal This is in conformance with the Guide Plan 1 • 7. Other_ RECOytS NUATIO_NS 1. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or opposed to the project: . .1 _ 4 2. Planning Commission Recommendation:At the Dec. 8, 1980 Planning Commission meetino, the Planning Commission moved to recommend to the City Council approval of the revised ND plan and rezoning to Rm 2.5 as per the plan dated Nov. 14 and Dec. 5 1980 P1a1111inu-slaft—l'ep(irrwitli—tlie olltiTing aatii"tions - 1: That the construction be contingent upon access to hard surfaced Valley View Road. --1,__Ihat_fire_access_nd_s.afeiy_le_eie7lbici,rd 3. ....CiI!1'mlity_Serv.irpsiiecn;:nenda"Linns_C!.FilunitY_Sct_vices_Styff ,[eezmrnds appr_Dval ( of thie s,rSPp ctLdS"a es_the 21annina—staif- -er.otanc!Alt.inns cc_•--5,--1980,-- _making_t.hc_following .clanific:a Lion."on rcco::.Iodation—nuthhr-r_ :___That—the"- developer construct 8' asphalt bikeways adjacent to the north side of Valley V..r:: Road and the west side of Mitchell goad within the road right-of-way, and that the pathway described on page 4 of the December 5 Planning Staff lop rt, giving • access to the park, be constructed prior to occupancy permit app'r ),2 , • . • • It should be noted that the Department of Community Services staff has voiced concern over deveopment potentials of the Edenvale East open space area due to the low wet soil conditions. Previous Edenvale development officials assured City staff (orally) that sufficient fill would be generated from future Valley View Road and adjacent developments to adequately develop ithis ll park snite. This *proposal does not appear to be generating any potential hood park site. • • • • • • • 93 • STAFF REPORT 1 TO: Planning Commission FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: December 5, 1980 PROJECT: EDENVALE APARTMENTS APPLICANT: Bar-Ett Construction Company 9 LOCATION: 23.7 acres in the East quadrant of Mitchell Road and Valley View Road extended. REQUEST: PUD Development Plan approval Rezoning from Rural to RM 2.5 of 17 acres Preliminary plat approval of 2 lots: 17 I acres and 4.7 acres LOCATION MAP 1 1:'!4;--;?......!, ---17•*-fs if-lrf 1 is I . --**k, I.19.0. SITE f-'t f'7l 1 :a `'a , i\ \:\ V• kk‘'‘10 r... --I C'y1 cy I gA un ICI C7 !3 I C8 I la'3 1 t,:Yl�—:Il L'J 1 Ci 1 �'\� '�f'f -' •\``, } 1. � ., :- L { POI / 3 \1e.., lii .l. .);,/_ .." .'\.a /f' p R90. Me rds`,-_\:•.',- , / s-'4— NNCO:',;i:i\`‘,.." \ d ,f�ti l 1\ .t— C ,a�.t. .r , . ., ..,, LL. _ r,_ a, ?ter x. + j •, r _-...�.-------�^+ Staff Report-Edenvale Apartments page 2 BACKGROUND 'Comprehensive Guide Plan The City Guide Plan depicts the site as medium density residential. The site is within the Edenvale PhD 70-04 and is zoned Rural . The Edenvale PUD and Environmental Impact Statement both illustrate the site as multiple residential . EXISTING SITE CHARACTER Soils • 3 • The dominate soils types are Heyder Complex and Braham loamy l • sand. These snady soils are suitable for development and it is recommended such soils be finished topsoiled with 12-18' of material otherwise vegetative material would be subject to drought conditions. Topography The 17 acre site requesting rezoning at this time has a high elevation of 905 occurring in a band from the northwest corner to the southeast corner with lows of B50 & 880 occurring at the property's boundaries. Vegetation The site consists of grasses and small scrub elm trees. Surrounding Uses A lowland area of marsh and grasses occurs north of the property. Within this is a future 25 acre City park. Graveling operations have disturbed approximately 5 acres across Valley View Road from this site. The 5 acres is part of a 12 acre commercial zoned site submitted by Edenvale in 1974. Across Mitchell Road/Valley View Road intersection is the PDQ Store and behind PDQ are the Shadow Green Apartments. OROINANCF REOUIRFMENTS 3 The requirements of Ord. 135, i.e. , lot size, setbacks, area per dwelling unit, and height are met by the proposed plan. Provided for the 174 units are: 175 enclosed (underground) parking . spaces and 190 outside parking spaces. This meets the minimum requirements of Ord. 141. However, in keeping with recommendations on previous multiple sites (Shadow Green, Parkview, Northmark 3rd & 4th) , the City Staff believes parking of 1/3 space/unit is minimum to fulfill the parkino needs of visitors, extra cars, parties, etc. This would entail that 35 parking spaces be added to the site plan. These spaces can he achieved onsite. 4� Staff Report-Edenvale Apartments page 3 Screening/Landscaping The Planting Plan submitted will require more berming than de- picted in order to screen proposed and recommended additional parking from the public streets. Prior to building permit issuance, the proponent will be re- quired to submit a landscape plan and bond to be reviewed and approved by City Staff. SITE PLAN The grading plan submitted illustrates minimal cuts or fills upon the natural grades of the site. This will produce a siting of the structure atop the high knoll instead of reducing the hill elevation. The Staff forsees revisions to the submitted drainage and storm sewer plan as much of the drainage is overland and directed to the park site. Revisions including catch basins, pipes and dis- . charge structures will be required. The drainage and storm water information has been forwarded to the City's consulting ; firm and will be reviewed as to its conformance to the City's1. overall drainage and utility plan. } 1 City sewer and water are installed under the proposed alignment of Valley View Road east of Mitchell Road. Detailed water, sewer, and storm sewer plans should be submitted to the City Engineering i Staff for review and approval . 4. Recreational Amenities provided are tennis courts, totlot, saunas, i and party room. In addition to these, a planned City park of 25 acres is located east of the property. See Figure 2 for City planned recreational uses. a No development plans for lot 2 are submitted and rezoning is not 1I requested at this time, therefore, the 4 acre piece should be ; platted as an outlot. r TRANSPORTATION The apartment site has 2 access points with proposed Vcilley View Road. These access points should be reviewed with the City Engineer and designed so that access points for this site and the commercial site south of Valley View Road occur opposite each other. Also, designation of one access point 4 as a full intersection and one as a right in/right out only is expected. • Construction of Valley View Road is anticipated next Year and ( the developer should work with the City Engineer regarding construction and timing. It is requested that an additional 10 feet of right-of-way along Mitchell Road and Valley View Road be dedicated, q t/p . Y Staff Report-Edenvale Apartments page 4 • a 174 units of apartments could generate 1,392 daily trips (174 units x 8 trips/unit/day) . Trips have the option of going west or east on Valley View or north or south on Mitchell Road (as- suming Valley View is connected to Schooner Blvd.). A sidewalk along the north side of Valley View Road will bes installed concurrent with the roadway. A pathway along the east side of Mitchell is planned for the future. A 5' wide i 5" deep asphalt pathway from the eastern most internal drive should be made. Also a similar pathway connection from Valley View Road sidewalk northeasterly to the park trail should be constructed. (See Figure 1). t To facilitate proper fire safety and access the owner should work with the City Building Inspector regarding placement of a fire lane around the back of the building. FINANCING (i The proponents have applied for and recieved preliminary approval from N.U.D. (Housing & Urban Development) to construct 20% of the units, 35 apartments, for subsidized rent eligibility. Application for subsidized units will be processed by the management company and HUD. i 9 r CASH PARK FEE As this property is contained within the Edenvale PUD and Edenvale I has met its land in lieu of cash obligations, no cash park fee is required. I FINDINGS AND CONCLUSIONS The 174 apartment project proposal upon 17 acres is consistent with: City Guide Plan, Edenvale PUD, and the approved Edenvale E.I .S. 1 , The project does meet Ord. 135 minimum requirements for the RM 2,5 District. Grading will not be excessive. RECOMMENDATIONS • The Planning Staff recommends approval of the Edenvale Apartments contingent upon the following: 1. Utility and drainage plans be subject to approval by the Engineering Department. 2. 35 additional parking spaces he added to the site plan to ( accommodate overflow parking. 3. Additional homing and planting, he added to the landscape plan to screen parking areas and that said plan he submitted to the City for review and approval as per Ord. 17S prior to issuance of any building permits. Staff Report-Edenvale Apartments page 5 4. Proponents must work with the City Engineer on the con- struction of Valley View Road extended to serve this project and the location and design of access points. 5. That pathways as described herein or as recommended by the Parks, Recreation and Natural Resources Commission be installed by the Owner. 6. That lot 2 be final platted as an outlot. 7. That no grading or development occur upon the outlot until the area receives zoning approval from City. 8. That a grading and soil erosion plan be submitted to the Watershed District for review and approval prior to grading or building. 9. That the City and Watershed District be notified 48 hours in advance of any site work. 10. 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CD CD , c to rr -t l •1 .,13: X (1• -•7ON __ 0 �l t, -•In 7 -• CD CI -1,•1 CL N I0 ti,,1 -•,t -' I) 'C, 0 '•I m ..-••,) C) 0IJ, t,. co (1 O ? I 0 ICU N O.0. 'ice. cr"+tIrrr_ a A . r CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-12 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDENVALE APARTMENTS BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Edenvale Apartments dated October 29, 1980 , a copy of which is on file at the City Hall • 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 H. Penzel, Mayor • John U. Frane, City Clerk SEAL 101 Co- Riley- Purgatory Creek Watershed District .J 111111111t MIN • � 8950 COUNTY ROAD N4 11r M EDEN PRAIRIE,MINNESOTA 55344 i� I' January 9, 1981 Mr. Chris Enger • City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Edenvale Apartments: Eden Prairie Dear Mr. Enger: The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District has reviewed the preliminary plans submitted to the District for the Edenvale Apartment Development located in the northeast quadrant of the intersection of Mitchell Road and Valley Road Road in Eden Prairie. The following policies and criteria of the Watershed District are applicable to this project. 1. In accordance with Section E(2) of the District's Revised Rules and Regulations, a grading and land alteration permit application must be submitted to the District for this project. Accompanying • this permit application, a detailed erosion control plan outlining how sediment will be controlled both during and after construction must be submitted to the District for review and approval. 2. A detailed storm sewer plan must be submitted to the District for review and approval. If stormwater runoff is to be discharged down the steep hill on the east side of the stie, a storm sewer system must be installed the entire length of the hill and proper energy dissipation measures must be installed at the bottom of the hill to dissipate erosive velocities which would develop in this system. Thank you for the opportunity to comment on this development at an early date. If you have any questions regarding the District's comments, please call us at 920-0655. Sincerely, /carRo ert Obermeyer BARR ENGINEERING CO. RCO/111 Engineers for the District c: Mr. Frederick Richards Mr. Frederick Rahr Mr. Ralph Wagner iva j . I i DEPARTMENT OF TRANSPORTATION ""`°; 1 320 Washington Av. South =, Hopkins, Minnesota 55343 ", ° HENNEPIN ,. I ii__ 935.3381 - • December 23, 1980 Mr. Chris Enger Director of Planning i City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 • • • Dear Mr. Enger: . RE Proposed Plat - "Edenvale Apartments" • ) Future CSAH 39 - NE Quadrant of Valley View Rd and Mitchell Rd i Section 10, Township 116, Range 22 Hennepin County Plat No. 883A - Revised from Dec. 12, 1980 Review Letter Review and Recommendations We reviewed the above plat and found it acceptable with consideration of these conditions: -To avoid the large expense of moving the inplace power towers (Attachment 2) supporting electrical trznsmission lines the alignment must be shifted to the north. The develccec 'should dedicate the additional right of way shown in red on Attachment a. For information on the alignment shift see Dave Schmidt, Hennepin County Pre.l.m;nary Design Engineer. -We recommend the props ed driveways be constructed 40 ft. wide with two exit lanes' and one entrance lane, and a 4 ft. median separating entrance and exit. The radius on curb returns should be 20- ft. minimum. -Anticipating a large increase in future Valley View Road ADT (Average Daily Traffic), we recommend constructing a right turn lane (Attachment 1) at each proposed access to the plat. • Please direct any response or questions to Les Weigelt. Sincerely, ,C- /117. .d`.-( (( ' James M. Hold,- P.E. Chief, Planning and Programming JMW/LDW:pj ( Attachments HENNEPIN COUNTY I.0 an equal opportunity employer . I 4 • .... ( -4 . A . . . . . . . • 111-1) • I I 3' I • • ..-- .. a) m A3 0 — cm . 0 0 0 C = ' 0 X —I : . - . rn z ...1 a rn C I a xi 0 Z E. rn r z D g_ cn -_- Z .. • o rn z• ) z cn -.. - ....... m ) z -1 . o 4$ cA o .,1 0 "jk I . ... -4 c. 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Hopkins, Minnesota 55343 kV'` HENNEPIN • J 4 935-3381 1•.•• December 12, 1980 • Mr. Chris Enger Director of Planning City of Eden Prairie • 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Enger: RE Proposed Plat - "Edenvale Apartments" Future CSAH 39 NE Quadrant of Valley View Rd and Mitchell Road Section 10, Township 116, Range 22 • Hennepin County Plat No. 883 Review and Recommendations We reviewed the above plat and found it acceptable with consideration of these conditions: -No additional right of way required for roadway purposes. -We recommend the proposed driveways be constructed 40 ft. wide with two exit lanes and one entrance lane, and a 4 ft. median separating entrance and exit. The radius on curb returns should be 30 ft. minimum. -Anticipating a large increase in future Valley View Road ADT (Average Daily Traffic), we recommend construction of a right turn lane (attachment 1) at each proposed access to the plat. Please direct any response or questions to Les Weigelt. Sincerely, • James M. Wold, P.E. Chief, Planning and Programming . JMW/LDW:pj Attachment t HENNEPIN COUNTY lag an equal opporlunlly employer O . H • ' K IN O a i Z V F < .. C kt C M Q O ` �.. Z 1 Z . . _ y W Z O ....8 Q 2 • Mf J W Z a X o D W F" p 2 W . I— 2 O U o U tt W it IQ a. N IGO . • • JANES M=OPER:IVAN ANC ASSOCIATES AFICF TECTS NC wuAA0"'awn Mn•AMPO S MAAESO,A SEMIS `IiRM5-0MOI r4 • December 9, 1980 • Mr. Chris Enger • Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Edenvale Apartments Bar-Ett Development Company Dear Mr. Enger: On behalf of the developer of the above project, we hereby request that the Eden Prairie City Council set a public hearing for the above project at the earliest opportunity. If we can be of any help, please call. Very truly yours, JAMES M. COOPERMAN & ASSOCIATES ARCHITECTS, INC. amelt`M. Cooperman JMC:pn • CC: Bar-Ett Development Company • 107 MI Morn OF THE AM(:HICAN INSTITUTE OF AHCNITECTI ♦ • approved Planning Commission Minutes December B, 1980 MEMBERS ABSENT: William Bearman, Matthew Levitt B. BENTEC OFFICE, by John A. Benedict. Request to rezone 2 acres from Rural to Office, combine the 2 existing lots, and use the existing structure as an office. A public hearing. The Planner reviewed the previous zoning changes and stated that Mr. John Benedict and Tim Pierce of Tim Pierce & Associates .were present. Pierce introduced Mr. Benedict, gave a brief slide presentation, and explainedthe surrounding land uses. • ! The Planner reviewed the staff report dated December 4, 1980 and stated that if the existing building would be used more than 5 years, the City's 1 Building Inspector would require substantial structural improvements. Retterath asked what type of business this would be. Benedict replied he owns a business called Bentec Sales and stated that this is a manufactur Retterath asked about storage. Benedict replied that he would comply with all codes and further stated that smoke detectors would be installed. Sutliff asked if this use could revert back to rural if this use was not updated in 5 years. The Planner replied that there will be a clause in the Developer's Agreement stating this. Sutliff asked if screening will be required for the parking lot. The Planner replied yes. Retterath asked if any residents were present. None were in attendance. MOTION 1 Bentley moved to close the public hearing. Sutliff seconded, motion carried 5-0. MOTION 2 Bentley moved to recommend approval of the rezoning from Rural to \ - Office based upon the November 11 , 1980 and November 18, 1980 material and the December 4, 1980 staff report excluding the land- scaping date of May 1. Gartner seconded, motion carried 5-0. MOTION 3 1 i' Bentley moved to recommend to the City Council approval of the prelim- inary plat dated November 11, 1980 as per the report dated December 1 4, 1980 with the exclusion of the landscape date of May 1. Torjesen seconded, motion carried 5-0. A f/f? • a STAFF REPORT TO: Planning Commission •FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: December 4, 1980 PROJECT: BENTEC OFFICE APPLICANT: John A. Benedict OWNER: Petersons REQUEST: Rezoning from Rural to Office and use of existing structure at 13050 Pioneer Trail as an office. Preliminary plat approval to combine lots 11 & 12, Block 3, Yorkshire Point. i BACKGROUND The site is designated as industrial on the City Guide Plan. In August of 1978, an agreement between the Petersons and City was signed which zoned lot 12 to industrial according to the following: "16. The existing home of Mr. & Mrs. Leroy Peterson t situated on Lot 2, Block 31, on Exhibit C, shall I be connected to sewer and water at the time of construction of the industrial building as pro- 1 • vided in paragraph 17. i 17. Within 6 months of the date of this Agreement, .1 Owner shall commence construction of pn approved industrial building on Lot 1, Block 3, depicted 1 on Exhibit C, in order to carry on his existing industrial use of the property. " i An industrial building was not constructed within 6 months and the Petersons requested and received an extension. The Council rezoned lot 121 back to Rural in June 1979 as the conditions of the agreement still were unmet. An additional requirement in the agreement was for the owner, (Peterson's, Ilustad Development Corporation, and Southwest Trail Investments), to file a 16' drive easement between 2 of the ( Yorkshire lots so that the home on lot 11 could access through the residential development instead of south through lot 12. This casement was never worked-out between the owners. Lot and block numbers were changed during preliminary and final plat drawn i. ii(1 Staff Report-Bentec Office page 2 EXISTING SITE CHARACTER Tree site is relatively flat and is improved with a concrete drive and an approximate 1200 sq. ft. rambler/walk-out residen- tial structure. To the east are Yorkshire Point homes; to the north is Highway 169-212; to the south is Co. Rd. 1; and to the west are a combination of industrial uses with an older single family homes (see attached figure). • Cedar trees occur along the south, east and west lot lines of the property. Mature deciduous trees are located at the north end of the site. ORDINANCE REOUIREMENTS The use of the structure will require modifications to bring it up to building code. Some of the modifications will be necessary immediately and will be determined by the building inspector. Assuming the structure can he modified to meet code, the project does conform to Office District requirements of Ordinance 135. Parking The first floor square footage is 1200 sq. ft. and it is estim- ated that there is 800 sq. ft. usable space in the basement. The 2000 sq. ft. of office space requires a minimum of 10 hard- surface parking spaces. The site plan contains 16 spaces. Lighting If outside lighting is installed, the staff would recommend that it be less than 12' high with cut off luminars. Landscaping The site has mature vegetation that screens the parking and building from most views. However, additional plantings east of the parking area and east of the house would screen the 2 areas which lack trees. Utilities In 1910 an industrial building was anticipated upon the front lot and it was required that it be connected to city sewer and water. It was also required that the home be connected to f sewer and water. The existing private sewer and water systems will have to he evaluated to determine if they are adequate to serve the pro- posed use. TRANSPORTATION for sonic time the city has been anticipating relocation of Co. Rd. 1 and realignment of the Co. Rd. 1 and U.S. 169-212 intersection. dust 3 wanks ago we were notified that due to lack of highway funds, the improvements will not be made. Staff Report-Bentec Office page 3 CASH PARK FEE Prior to issuance of permits for remodeling and occupancy of the building, the proponent will be required to pay the applic- able cash park fee. FINDINGS AND CONCLUSIONS The request to utilize the structure as an office would be a compatible use between the single family of Yorkshire and the industrial to the west. The structure will have to be inspected by the City Building Official to determine which improvements would be required to be made immediately and which ones could be staged over 5 years. RECOMMENDATIONS The Staff recommends approval of the project zoning and platting contingent upon the following: 1. That a landscaping plan showing placement of additional plant material be submitted for staff review and approval . All landscaping should be installed prior to May 1, igBL. 2. The structure should be brought up to code and connected to city utilities according to findings of the City Building Inspector. 3. Lighting outside should not exceed 12 feet in height and • have cut off luminars. 4. Cash park fee payment should be made to the City prior to occupancy of the building or issuance of any building permits. 5, Any future building upon the site will require review and approval by the City. JJ:ss 11 R • r�� • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-13 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BENTEC OFFICE PLAT BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of , Bentec Office Plat • dated November 11, 1980 , a copy of which is on file at the City Hall • and amended as follows: is found to be in conformance with the provisions of the Eden Prairie Zoning and Matting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the day of 19 Wolfgang 11. Penzel, Mayor John D. Franc, City Clerk SEAL 11 t/ 1 a aES°P 'it Minnesota �` Department of Transportation JDistrict 5 2055 No. Lilac Drive ''oF Tile Golden Valley, Minnesota 55422. • December 22, 1980 (812)5453761 j i Mr. Chris Enger, Director of Planning City of Eden Prairie • • Eden Prairie City Hall 8950 Bien Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 i S.P. 2744 T.H. 169 Plat review of Benter Offices located in northeast quadrant of .H. 169 and CSAH 1 in Lots 11 and 12, Block 3, Yorkshire Point in the City of Eden Prairie Hennepin County • • Dear Mr. Enger: 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 1 plat acceptable for further development with consideration of the following • comments: , - Mn/DOT is presently purchasing right of way in this area for improvements 1 to T.H. 169. We presently own or have a right of entry to an additional strip 20 feet wide adjacent to T.H. 169. 'We also have a slope easement • which covers an area of the plat adjacent to T.H. 169. The new right of way includes controlled access and should be shown on the plat. i 1 - The proposed new construction on T.H. 169 should not affect the building 1. site. For the entrance to CSAH 1 we suggest the plat be reviewed by the 1 Hennepin County Department of Transportation. 1 If you have any questions in regard to these comments, please contact Mr. J. S. 1 Katz, our District Layout, Research and Development Engineer at 545-3761 • ext. 150. Thank you for your cooperation in this matter. Sine ely 1 if. Ai. Craw rd, 1.L ii District Engineer r cc: Charles Weaver, Metropolitan Council • Mike Reiter, Hennepin County Doug Mattson, Hennepin County An Equal Oppnrhuu)p lanpioyer r DEPARTMENT OF TRANSPORTATION le-A' 320 Washington Av. South • I Hopkins, Minnesota 55343 :••;°` o HENNEPIN _FL 935-3381 J December 11, 1980 Mr. Chris Enger • Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Enger: RE Proposed Plat "Sentec Offices - rezoning request" CSAH 1 NE quadrant TH 169/212 Section 27, Township 116, Range 22 Hennepin County Plat No. 882 Review and Recommendations Minnesota Statutes 505.02 and 5D5.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -Since the proposed CSAH 1/TH 169/212 intersection revision and realignment of CSAH 1 by Mn/DOT will move CSAH 1 south of the present alignment, Hennepin County does not require additional right of way along existing CSAH 1. -Any new access to a county road or revision to an existing access requires an approved Hennepin County entrance permit before beginning any construction. 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. -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, 1 ; ) : j James M. Wold, P.E. Chief, Planning and Programming J;.;W/L fW:pj HENNEPIN COUNTY ifson equol opportunity employer I (TIM PIERCE Q ASSOC.INC. REAL ESTATE CONSULTANTS December 9, 1980 Roger K. Ulstad City Manager 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Roger: re: Bentec Office On December 8, 1980, the Planning Commission voted 5-0 for the approval of rezoning Lots 11 and 12, Block 3, Yorkshire Point, to office. On behalf of John Benedict I am requesting an opportunity to have this item brought before the City Council. Mr. Benedict is the buyer of this property under a Purchase Agreement and the sellers are looking for an answer as soon as possible so that they -may close their sale. Thanks for your co-operation. Sincerely, TIM PIERCE & ASSOCIATES NC. Tim Pierce TP/lp 4 • III) , ,,,L� // , 6440 flying Cloud DI ive,rden P iric,Minuesola 55344/Office 944-3075 C3, • • • November 18, 1980 • City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN. 55344 Attn: Planning Commission ,Dear Commissioners: I am herein requesting rezoning of lots 11 and 12, Block 3, Yorkshire Point, to office. Because the office building code requires substantial and expensive modifications, I ask for five years to make the necessary • changes. Our intention is to combine lots 11 and 12 permanently and use the • existing house as an office for Bentec Engineering Corporation and other companies which have similar office needs. Bentec is a sales representative firm for electrical and mechanical equipment. We also engineer systems involving the products that we re- present. At the present time, we have 4 engineers and one secretary/office manager. The site will remain unchanged except for the addition of asphalt to widen the driveway and install 16 parking spaces. I also plan to add trees and shrubs to improve the general appearance of the lot. Since this facility will meet Bentec's needs for some time, and since the area needs further development to make office space attractive, I have no immediate plans to expand the existing house or build a new facility. r. That would be my intent at some future date, however. Our proposal to purchase this property depends upon this rezoning permit. We ask that you grant this request effective Aug. 1, 1981. Vertrulyy yours, John Benedict JB /bs January 20, 1981 ' S IE OF MINNESOTA CITY OF EDEN PRAIRIE ' COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 4493 VOID OUT CHECK $(30,778.92 4742 FEDERAL RESERVE BANK Payroll 9,011.4- 4743 COMMISSIONER OF REVENUE Payroll 12,669.5' 4744 DEPARTMENT OF PERSONNEL Payroll 17,231.2" 4745 AETNA LIFE INSURANCE & ANNUITY Payroll 121.00 4746 PERA Payroll 7,504.9 4747 INTERCONTINENTAL PACKAGING Liquor 43.11 4748 GRIGGS, COOPER & CO., INC. Liquor 1,247.5: 4749 OLO PEORIA COMPANY, INC. Liquor 2,212.0 4750 ED. PHILLIPS & SONS CO. Liquor 745.4 4751 JOHNSON BROTHERS WHOLESALE Liquor 939.0: 4752 MIDWEST WINE CO. Wine 705.4: . 4753 TWIN CITY WINE CO. Wine 1,799.8' 4754 LEEF BROS. INC. Service 7.1, 4755 BUTCH'S BAR SUPPLY Supplies-Liquor Store 228.5 4756 HOPKINS POSTMASTER Postage 2,ODO.C. 4757 HOLIDAY INN Expenses-Police Dept. 39.5 r'c8 UNIVERSITY OF MINNESOTA Registration fee-Police Dept. 75.0 •. _,9 RADISSON OULUTH Expenses-Police Dept. 73.8 4760 STATE OF MINNESOTA Registration fee-Police Oept. 10.0s 4761 SHAKOPEE BAKERY Expenses-Police Oept. 38.7. 4762 SPRAIRIE VILLAGE MALL ASSOCIATES Rent-Liquor Store 2,090. i 4763 ST. PAUL CHAMBER ORCHESTRA SOCIETY Concert-Rec Dept. 300.0 4764 MY CHEESE SHOP Expenses 68.`- 4765 OLYMPIC HILLS GOLF CLUB Service 484.E. 4766 BURY & CARLSON, INC. Service-Hipps 4th addition 30,564.,. 4767 EDEN PRAIRIE CHAMBER OF COMMERCE Membership dues-Liquor Store 44.C. 4768 DEPARTMENT OF NATURAL RESOURCES Permit application-Engineering Dept. 15.0 4769 STEVEN P. GEIGER Expenses-Police Dept. 56.1, 4770 INTERCONTINENTAL PACKAGING CO. Liquor 697.3 1,697. 4771 ED PHILLIPS & SONS CO. Liquor 1,677.C1 4772 GRIGGS, COOPER & CO., INC, Liquor 4773 MINNESOTA DISTILLERS, INC. Liquor 1,272.: 4774 JOHNSON BROTHERS WHOLESALE Liquor 1,734.'. 4775 MIDWEST WINE CO. Wine 853.2 4776 BUTCH'S BAR SUPPLY Supplies-Liquor Store 62•(' . 4777 TWIN CITY WINE CO. Wine 454.4 4776 OI.D PEORIA CO. Liquor 8B4.£: 4779 PETTY CASH Expenses 66.? 4780 NORTH CENTRAL SECTION AWWA Registration fee-Water Dept. 360.(; .. 4781 VITTE YUSAS Registration fee-Water Dept. 170. ; 4782 AFTLA LIFE INSURANCE & ANNUITY Payroll 205.,: ,43 INTERNATIONAL UNION OF OPERATING Dues 324. .„34 PERA Payroll 6,926.2 4785 ELDERN. RESERVE BANK Payroll 7,854.E 4786 UNITED WAY OF MINNE.APOLIS Payroll 53.( 4787 MIDWEST FEDERAL SAVING & LOAN Land purchased-City Hall 12,211.' 4788 PRAIRIE WEST PARTNLRSh1 PS Land purchased-City Hall 66,538.t 171 • P ,e two January 20, 1981 . 4789 A & H WELDING & MFG. CO. Steel-Equipment maintenance 5.4C 4790 CALISE ADZICK .. Refund-Rec Dept. 12.0C 4791 AMWAY PRODUCTS Cleaning supplies-Fire Dept. 190.7 4792 EARL F. ANDERSEN & ASSOCIATES, INC. Street Signs 1,685.4 4793 RONALD ANDERSON • Repair siren & red light-Police Dept 30.0: 4794 ASPEN CARPET CLEANERS Clean carpet-Fire Station 305.01 4795 ASTLEFORD EQUIPMENT CO., INC. Equipment repair & parts 103.4; 4796 BRW Service-Dell Road, TH #5 & West 78th St. 4,044.7 ; & Mitchell Road, Anderson Lakes Parkway, Homeward Hills Road, Lake Eden Park 4797 BEVERAGE JOURNAL 1981 Subscription-Liquor Store 5.0 4798 BIOMARINE INDUSTRIES INC. Sensor maintenance-Sewer Dept. 50.C: 4799 BLACK & VEATCH Service-Water Treatment Plant 26,295.5 4800 RAE BLY Mileage & Supplies-Senior Citizens 141.E 4801 ANIA BOROWSKI Refund-Rec Dept. 11.0 4802 BRAUER ASSOCIATES LTD. INC. Purgatory Creek-Park Dept. 1,500.C.. i 4803 BRAUN ENGINEERING TESTING Service-Norseman Industrial Park 267.4 4804 BROWN & CRIS, INC. Grading Services 967.E I 4805 BROWN PHOTO Film-Assessing Dept. 225.E 48D6 BRYAN ROCK PRODUCTS, INC. Rock 304.i 4807 CHANHASSEN AUTO PARTS Equipment repair & parts 795.0 '! t"08 • CHANHASSEN LAWN & SPORTS Equipment-repair & parts .._. 87.C' '•._J9 CITY OF EDINA Tests 82.0 s 4810 CLUTCH & U-JOINT BURNSVILLE, INC. Equipment repair & parts 22..'. 4811 COPY EQUIPMENT INC. Pencils-Assessing Dept. 18.4 4812 CROWN RUBBER STAMP CO. Desk plate-Police Dept. 7.7 4813 LINDA CVETNIC Instructor-Women's open gym ' 42.0 1 4814 DALCO 2 Vacuum cleaners, cleaning supplies-Fire 1,766. 1 4815 WILLAIM DAVIS Refund-Rec Dept. 16.: 4816 DOPHOLT PRINTING & STATIONERY Office supplies 243.4 4817 EDEN PRAIRIE MEWS Legal ads 309.4 4818 EDEN PRAIRIE SANITATION CO. December 1980 Service 60.E I 4819 EDEN PRAIRIE SCHOOL DISTRICT #272 December 1980 Custodial Service 952.:: 4820 CHRIS ENGER Expenses 110.r 4821 JOHN ESS & SONS, INC. Supplies-Fire Dept. 3.7 4822 FAIRVIEW COMMUNITY HOSPITALS Test • 24.( 4823 FEED-RITE CONTROLS, INC. Sulfate-Water Dept. 1,849.. S 4824 FINANCE & COMMERCE 1981 Subscription-Assessing Dept. 54.e. 4825 FINANCE MANAGER HENNEPIN CTY Special Assessment Service Fees 384. 4826 FIRE SAFETY & COMMUNICATIONS CORP. Strobe lights-Water Dept. 226." 4827 FLOYD SECURITY Security maintenance-Liquor Store 200.; 4828 VOID OUT CHECK 4829 FREEWAY FORKLIFT, INC. Truck repairs-Water Dept. 501.:, 4830 FRONTIER LUMBER & HARDWARE Lumber-Park Dept, floor paint-Water Dept. 308. 4831 FOX, MCCUE & MURPHY 1980 audit 1,659.r ' 4832 FLYING CLOUD OIL CO. Fuel-Street Dept. 3,368.. '33 LEW FOIWICK Supervisor-Open Gym 49. .,034 G.L. CONTRACTING, INC. Repair sewer leak-Timber Lake Drive: 317. . 4835 GFNFRA1 COMMUNICATIONS, INC. Equipment repair & parts 9.:' 4836 GLNIRAL SAFETY EQUIPMENT CORP. Repair fire truck 2,618. 4837 GLEN LAKE AUTO SUPPLY Equipment repair & parts 16. 4838 JUDI1H GO011ENOUGH Refund-Rec Oept. 20.`. • Ok.ye three ' January 20, 1981 . 4839 GRAY MANUFACTURING CO., INC. Portamatic Jack-Public Works & Fire Dept 1.076.T• 4840 GRDSS INDUSTRIAL SERVICES Service 79.3' 4841 DAWN HALCOMB Refund-Rec Dept. 22.0( 4842 HARMON GLASS & GLAZING, INC. Repair window-Fire Dept. 137.5r1 4843 HENNEPIN COUNTY-SHERIFF'S DEPT. Radio rental & installation fee 8,940.2 4844 HENNEPIN COUNTY CHIEFS OF POLICE Conference-Police Dept. 125.E 4845 HENNEPIN COUNTY CHIEFS OF POLICE Conference-Police Dept. 425.0E 4846 VOID OUT CHECK 4847 HENNEPIN COUNTY FINANCE DIRECTOR December 80 tree debris disposal 300.0. 4848 HENNEPIN COUNTY FINANCE DIVISION Board of prisoners 347.0 ' 4849 HENNEPIN COUNTY FINANCE DIRECTOR Bolts & nuts-Equipment maintenance 343.1 4850 HENNEPIN COUNTY Service-Anderson Lakes Parkway 16,3D8.i:• 4B51 HI-FI SOUND ELECTRONICS Equipment repair & parts-Community Service 51.7 4852 HIPPS CONSTRUCTION CO. Refund-Street Signs 2D.C. 4853 HONEYWELL INC. Equipment maintenance 1,367.E 4854 HOPKINS DODGE SALES, INC. Equipment repair & parts 179.0 4855 HOPKINS PARTS CO. Equipment repair & parts 290.,E' 4856 INFORMATION PUBLISHERS, INC 1981 Subscription-Liquor Store 103.0 4857 J & R RADIATOR CORP Equipment repair-Equipment maintenance 19.0 ' 4858 SALLY JENKINS • Refund-Rec Dept. 20.E • 4859 JEAN JOFINS0N Expenses-Planning Dept. 48.E :D WALTER JOHNSON Expenses-Building Dept. 510.. 4861 KAMLEITER SEWER & WATER Refund-Plumbing license 14..E 4862 KARULF HARDWARE, INC. Sponge mop, can opener, broom, heaters, 657.E brushes-Water Dept., Pledge, chain, level, keys, extension cord, bolts & nuts, grease Street Dept., utility knife, tape, reflectors, wire, flashlight, brooms, paint, shovel, handle, ' springs, doorknob, plex-o-glass-Park Dept., salt-Senior Citizens 4863 KELLY SERVICES, INC. Temporary help-Finance Dept. 267.` 4864 KRAEMER'S HOME CENTER Spotlight, pick-Sewer Dept., Brackets, 467. pump & motor, lights, heater-Water Dept. not available at other stores 4865 KRAUS-ANDERSON Refund-Building Dept. 685. 4866 DAVID KU1IL Refund-Rec Dept. 40•f 4867 JEFFREY KUHL Refund-Rec Dept. 4.1 4868 ROBERT LAMBERT Expenses 106.: 4869 LAN[)CO EQUIPMENT, INC. Hose clamps-Community Services 535.: i 4870 LEFF BROTHERS, INC. Service 171.,• 4871 LAUREN LEFAVOR Refund-Rec Dept. 22. g• 4872 LOGIS November 80 Service 1,56H. 9S 4873 I.UTZ TREE: SERVICE Tree removal 394. 4874 LISA LYNCH Refund-Rt'c Dept. 11.` 4875 M.P.H. IN')USTRIFS, INC. Band Radar Unit-Police Dept. 520. 4916 MACQDEFU CQ111P14;.NT INC. Gasket•Si.reet Dept. 8. ,77 SI 'RON MAI.DER Refund-Rec Dept. 5. 4.178 MAWS Wu `;1 VICE, INC. Towing Service 25.' 4879 MICA!. C%YCiR F EQUIPI1IUT Oxygen-Fire Dept. 73,'. 48 O MI-MUI'Ol I1-/N MA i'„F;,iGEi1iNT Dues-City ilanager 5 4881 F'FTR0POI.FTAN WASTE CONiROI. COMM February 1981 Sewer Service 40,314.. 4882 TIFFAi1Y MEYER • Refund-Rec Dept. 11., ' • • F.,e four January 2D, 1981 • '4883 MILEY'S SPRINKLER SYSTEM Fire hydrant deposit 100.0C 4884 KATIE MILLER Refund-Rec Dept. 11.0C . 4885 MINNESOTA ASSOC. DF ASSESSING Dues-Assessing Dept. 75.0C 4886 MINNESOTA CHAPTER IAAD Dues-Assessing Dept. 45.00 4887 MINNESOTA FIRE INC. Air mask & tank-Fire Dept. 3,766.1 ` 4888 MINNESOTA GAS CO. Service 394.5c. 4889 MINNESOTA TORO, INC. Heater core-Street Dept. 35.0: 48.90 MODERN TIRE CO. Equipment repair & parts 454.7 4891 MUNICIPAL & PRIVATE SERVICES, INC. December 8D Service 1,014.4 4892 NORTHERN STATES POWER CO. Service . 6,064.2 4893 NORTHWESTERN BELL TELEPHONE Service 2,066.4 4894 NORTHWESTERN NATIONAL BK OF MPLS. Service charge 53.2 4895 OXBORO LUMBER CO. Supplies-Staring Lake 6.0` 4896 DIANNA PAULING Refund-Rec Dept. -4.5 4897 PENNY'S SUPERitARKET #25 Supplies-Rec Dept. 19.1`. 4898 PERBIX, HARVEY & THORFINrISON Legal service 60.0: 4899 PINK SUPPLY CORPORATION Blankets-Fire Dept. 182.C_ 4900 PRAIRIE OFFSET PRINTING, INC. Print forms-Police Dept. 258.0 4901 JANEL PRICE Refund-Rec Dept. 11.0 4902 RAPID COPY, INCORPORATED Liquor ID Cards 88.1. 4903 ANGELA REDMAN Refund-Rec Dept. 11.0 `4 RIEKE-CARROLL-MULLER ASSOCIATES Service-Industrial Road Utilities, Round 30,160.C. Lake Utilities, High Trails Sewer & Water Valley View Road, Valley View Road Pedestrian Bridges, Franlo Road & Preserve Blvd Utilities, 70th Street Improvements, Shady Oak Industrial Park, Round Lake Estates 2nd Addition, Cardinal Creek Estates, Norseman Industrial Park, Rymarlarc Camp 2nd Addition, Lake Idlewild Drainage, Sunset Trails Estates Utilities, Homeward Hills Road 49D5 ROBERTS DRUG First aid supplies-Rec Dept. 29.` 4906 KEVIN ROHE Mileage 5•' 4907 SATELLITE INDUSTRIES, INC. Portable restrooms-Park Dept. 1,239.E 4908 SHAKOPEE VALLEY NEWS Employment•ad-Animal Warden 11.: 4909 SHILEY GLOTTER ASSOCIATES Service-Eden Prairie Community Center 6,037. ' 4910 SOUTHWEST SUBURBAN ADVERTISER Employment ad-Park Dept. 1D0.• 4911 STATE BOARD OF ASSESSORS Fee-Assessing Dept. . 3.1 4912 STATE TREASURER Fee-Water Dept. 5.c 4913 MATTH[W STRAND Refund-Rec Dept. 8.t' 4914 JAMES STOOOLA Refund-Rec Dept. 4• 4915 SUN NEWSPAPER Employment ad-Animal Warden 82,. 4916 DAVID S'WA 1OUT Refund-Rcc Dept. 72.1. 4917 CPJ RIE TIEIZ Minutes-Park & Recreation meeting 56. 4918 DAPHN1: Ti;c"PSON Refund-Rec Dept. 11.; 4919 STANI LY W. TULL CO., INC. Supplies-Street Dept. 30,: '920 ROGER ULS1AD Expenses 24._ ( 21 UNIVLi:SITY OF M1NiiSOTA Polygraph test-Police Dept. 50. 4922 VAN WAII:RS & RUi:LRS Chlorine liquid-Water Dept. 331.: 4923 VLSSCO Recalibrate lime feeders-Hater Dept. 16 4924 WAI DOR PUT & EQUIPMENT CO. Repair pup-Sewer Dept. 355.t • 4925 ALANO l,Al.4ft)RTII Refund Rcc Dept. 22.i 4926 WARNING LITLS, INC. Warning signs-Bikeway 139. LV I • ll a five January 20, 1981 ' '4927 WESCO Lights-Park Dept 178.2; 4928 WESTERN AREA FIRE TRAINING WAFTA Dues-Fire Dept. 1,241.0 4929 JENNIFER WHITE Refund-Rec Dept. 17.0`,. 4930 STEPHANIE WILTGREN Refund-Rec Dept. 11.0', 4931 XEROX CORPORATION Service 90.5', 4932 XEROX CORPORATION Service 935.9. 4933 RONDA YATTER Refund-Rec Dept. 11.0". 4934 WENDY J. CARLSON Figure Skating Instructor 600.0 4935 CHICAGO, MILWAUKEE, ST. PAUL Railroad crossing easement-Valley View Rd 1,500.0 4936 COLUMBIA TRANSIT CORP. Charter bus-Rec Dept. 68.2 4937 EDEN PRAIRIE SCHOOL DISTRICT #272 Stained glass class-Rec Dept. 20.0 4938 EDEN PRAIRIE SCHOOL DISTRICT N272 Winter Brochure 84O.0 4939 KRISTEN EDSTROM Refund-Rec Dept. 8.bb 4940 KAREN GORI Calligraphy Workbooks-Senior Citizens 32.0 2.C_ 4941 STEVEN RAY ISAACSON Conference-Fire Dept. 4942 JOYCE KRISCO Calligraphy Workbooks-Senior Citizens 8.0 4943 MINNESOTA STATE TREASURER Snowmobile safety-Rec Dept. 60.0 4944 HEATHER NELSDN Refund-Rec Dept. 4.1 4945 JOHN ROBERT PALMER Conference-Fire Dept. 50.1. 4946 BEER WHOLESALERS, INC. Beer 3,23O.( 4947 CAPITOL CITY DISTRIBUTING CO., INC. Beer 69.' •-18 COCA-COLA BOTTLING MIDWEST INC. Mixes 479.2 -19 DAY DISTRIBUTING CO. Beer 2,176." 4950 EAST SIDE BEVERAGE CO. Beer 5,705. 4951 LEDING DISTRIBUTING Beer 3,342.E 4952 PEPSI/7-UP BOTTLING CO. Mixes • 453.i 4953 ROUILLARD BEVERAGE CO., INC. Beer 533. 4954 THORPE DISTRIBUTING CO. Beer 3,B59•' 4955 COLD MEDAL BEVERAGE CO Mixes 81.t 4956 CALCULATORS INC. Calculator-Engineering Dept. 285.A 4957 JOE KASID Basketball official-Rec Dept. 22.' 4958 LINDA MARDORF Refund-Rec Dept. 17.i , 4959 MINNESOTA RECREATION & PARK Team registration-Rec Dept. 203.1 4960 BROA & CRIS Service-Ti1 fl5, West 78th Street & 38,012.': Mitchell Road 4961 BROWN & CRIS Service-Del 1 Road 19,332.: 4962 BROWN & CRIS Service-Valley View Road 42,784. 4963 BRD,•1N & CRIS Service-Duck Lake Vista & Village Woods 13,742. 4964 BROWN & CRIS Service-Hidden Ponds & Creekwrood Park 2,687. 4965 G.L. CONTRAC1ING, INC. Service-Shady Oak Industrial Park 2,274. 4966 PROCRE:SSIVt CONTRACTORS, INC. Service-Valley View Road Phase II 37,819. 4967 M.G. AST4.EFOID CO., INC. Service-Shady Oak Industrial Park 10,358. 4968 HOPKINS POS1MASTER Postage 98.I TOTAL _�i39,(1�_. I STAFF REPORT • TO: Mayor and City Council • FROM: Chris Enger, Director of Planning THROUGH: John Frane, Acting City Manager DATE: January 16, 1981 • REGARDING: Request for building permits on R.L.S. 664 (old Warren Schultz property north of Paradise Valley subdivision and east of Co. Rd. 4) Staff has received a request from Mr. Kurt Laughinghouse of Derrick Land Company for issuance of building•permits for four lots of R.L.S. 664. Included with this memo is a memo of explanation from Carl Jullie to the Council in 1975. At that time the property was split into four buildable' lots and two outlots (which were created for the road). The road had already been constructed at that time and was not up to City standards. is The Council approved the subdivision with instructions to the Manager not to issue building permits until a landscaping plan, buffering the road from neighbors to the south,had been completed by the developer and agreed to by the neighbors. Very little has changed since 1975. However, the developer has tried to work with the property owners with suggestions for landscaping. He has been unsuccessful in obtaining their approval and is requesting that the Council review his compliance with the 1975 action, and allow building permits to be issued. The Engineering and Planning Staff believe that since the road is not up to City standards, it should be privately owned and maintained since it will only serve four homes. The road has been in place for well over five years, and no purpose can be served in allowing the land to stay vacant. Mr. Laughinghouse has included pictures, plans, and copies of registered letters sent to the property owners. We believe that he has proposed a reasonable solution to the problem. CE:ss • /€6, 1 ' • r 1 MEMO TO: Mayor Osterholt and Members of the City Council FROM: Carl Jullie, City Engineer . SUBJECT: Shultz Estate Property (RLS No. 664) south of Kurtz • Lane and east of Co. Rd. 4 DATE: - January 24, 1975 On May 22, 1973, the Eden Prairie City Council approved the division of Tract A of Registered Land Survey No. 664 into two parcels, thus provid- ' • ing four buildable lots within said RLS No. 664. This property is located south of Kurtz Lane, east of Co. Rd. 4 and north of Lots 1 through 4, Block 3 of Paradise Valley Addition, as shown on the attached location map. The developer•has completed the sanitary sewer and watermain laterals to each lot and the street is partially completed. No building permits have been issued to date. A condition of Council approval of the division of Tract A was that: The City Manager ..."was instructed to inform the building inspector to strongly recommend heavy buffering between the roadway and Paradise Valley lots when building permits were requested." On June 11, 1974, the matter was again considered by the City Council and the developer was directed to resolve with the residents an acceptable buffering plan prior to any further Council action. After several months, • the developer and residents have failed to reach agreement. In a letter dated December 20, 1974, (copy attached) the Northwestern ' National flank of Minneapolis, exectutor of the Estate W. Warren Shultz, has again requested the City Council to consider requirements for buffer- ing and acceptance of the street and utilities and issuance of building permits for RLS No. 664. The developer has prepared a landscaping plan (copy attached) which they believe is functional and reasonable; however, the plan is apparently unacceptable to the residents. • On January 13, 1975, a letter. (copy attached) was mailed from my office to the owners of Lots 1, 2, 3 and 4 of Block 3, Paradise Valley Addition, ( • so that their input. in this matter might be available for the January 28 ) • Council meeting. As of this time, I have received a response from two of the property owners involved. Copies of their letters are attached. A. Previously, Mr. Jack Burke, owner of Lot 2, requested planting of 50 1 American dark green Arbor Vitae, 8 - 10' tall along lots 2 and 3; however, this plan required some encroachment on Lot 3 and was therefore unaccept- / able to the Wolncrs, owners of said Lot 3. There is only a distance of V five feet between the edge of the street and the property line to allow for plantings within the loulevard area. T • January 24, 1975 Page 2 Since an apparent impasse has been reached between the developer and the property owners, the City Council may wish to consider the following alternatives after discussion at the January 28 Council meeting: 1. Again direct the developer to prepare a landscaping plan , which has the written approval of the property owners involved, prior to any further Council consideration in this matter. • 2. Approve the developer's landscaping plan as submitted (or as amended) to be implemented within one year, as assured by performance bond, but only upon concurrence of the property owners to allow encroachment into their yards as necessary to finish the plantings. The plantings would be guaranteed for one full growing season and would be owned and maintained by the owners of the property on which they have been planted. : I Mr. Chris Enter, the City's Landscape Architect, has reviewed • the developer's landscaping plan and advises that it would provide an immediate, effective screen for the roadway and • future homes only if the number of Spruce and Austrian Pine were doubled and the sizes increased to 12'. 3. Require the developer to: • A. Construct the wooden railroad tie retaining wall across Lots 2, 3 and 4 as depicted in the developer's land- scaping plan. B. Install, wihtin the five foot boulevard area, a 6' high Cedarboard baffle fence across the easterly 40' of Lot 1, all of Lots 2 and 3, and the westerly 100' of Lot 4. C. Properly slope and sod the remaining boulevard areas. D. Finish the bituminous wearing course on the street and increase the cul-de-sac diameter to 70'. • E. Provide that a homeowners' association would be created to maintain the retaining wall, fence and sodding in the boulevard area. Alternate No. 3 is recommended. The fencing will have the effect of creating an immediate screen without encroaching into private property. • • • • • A: January 24, 1975 Page 3 Also, all drainage will be directed to the roadway. The fence could be stained dark brown or green and would have a pleasing appearance. Upon satisfactory completion (or bonding therefore) of the requirements o. alternate No. 3 (or whatever other requirements the Council might choose to impose) it is recommended that the City assume ownership and maintenance of the street and utilities and authorize issuance of building permits for RLS No. 664. • CJJ/kmh • • t • pp t IAq t W . •. r .S�k' �a��, s a 2 + = a S = 4 /4: Villoge of Eden Prairie • ..t rt, a rc'U n / • D tOAK RIDGE el 1'1= �� • ;•�` vs 4 Pr $ . w • / fC s • . ' I `�;. j ... •�'• • . j... :mil .,� • :st tt 4 / till . . 5. m, 4 3 i ��++,, -52 A .fiA - •tAfQ P� ,,� xY► .0 • II. • I °u ;J it. J• ,a +•'�1 C♦ �. /` 4.// .: a.- : . 4 — n\CC•. • z ../o}• 7 '• -�+\• 3 • /wH • '\• r- ski: si Ja.i /. ,•. , • . r`: 13 '•: may , f K i i / ?,�.,, r. -. V.r> •' , e [7... J 6. s � �r r• .� 4 ' v S '}� 4^7t \�f/ �� a 9 r � A Si n sF <-. /,w,^L` S`,) alma`•5r��M.. • /�./• �. • M}f�.�. , —lam t' t r 1' 4% % ` 10 �r t•,1 J� .o \'en` � k .� 'Q /Z 4 C`,• ,t v A te-I _ ,,• • ; '"ems 6 ..S..;.. �" �►'� ' '� t. i- �//r" ^, . ti,t• '.r ilk• -- -- Y .o ,�v .....n '-4.0..E t. '4. ,';\,,, - .....-c-. 'e•'�:'1' c� •\:t y'` '-.—ta._:'2-- E1. �,t' K'. ate. ti. ! . ' 'ti.s� � � • •� l' �`�� �.l��tof pattc!R�SHc Z . � 01.• j O NORTHWESTERN _ INATIONAL BANK of Minneapolis December 20, 1974 • City of Eden Prairie c/o Mr. Carl Jullie - Department of Engineering 8950 County Road #4 Eden Prairie, Minnesota 55343 • Re! Walter Warren Shultz Estate #26051 • Gentlemen: Northwestern National Bank of Minneapolis, Executor of the Estate of Walter Warren Shultz, respectfully requests that . the matter of the dedication of the road on RLS 664 be placed on the agenda of the January 14, 1975, Council meeting. You will recall that the last time this item appeared on your' agenda, objections were received from the neighbors abutting the property and the matter was tabled to see if these differences could be resolved. The Northwestern National Bank prepared a proposed plan of completion for the cul-de-sac and reviewed this with the neighbors, members of the Eden Prairie staff, and members of Eden Prairie City Council in July of 1974. This plan which Carl Jullie has in his office included both rebuilding of a portion of the turn-around to meet the city's standards and a very expensive method of stabilizing the side slopes from the road along with a more than reasonable screening proposal. While we included in that plan a screening proposal, we do not in any way acknowledge that it is our responsibility to screen the cul-de-sac from the view of the neighbors, but merely included it to promote neighborhood harmony and resolve the impasse between the council, the neighbors, and the Shultz estate. It should also be pointed out that only two of the four neighbors abutting the road have ever expressed to us any dissatisfaction with the project. • Subsequent to the meeting in July, we received phone communi- cations from one of the abutting property owners who indicated that they accepted the plan with the exception of the screening proposal and dcnlnnded screening of approximately five times the amount as provided on the plan. We also received a letter 7111 and haarquelte Avenue . MmneapC k.Mmncsola 56400. ((;12)372.8123 BA CO is . City of Eden Prairie -2- . 12/20/74 from the attorney of the other complaining property owner setting forth the conditions upon which that property owner would accept our plan. It was apparent from these conversations and communications that a reasonable settlement of the agreement was not imminent. In addition, it has been the position of the elected officials of Eden Prairie that the neighbors must be appeased before acceptance of the road. Although in a quandry as to how to ) resolve the issue, the Bank has been open to reasonable suggestions.. With the realization that no construction would be able to be done in 1974, the bank as Executor, had its contractor install plastic sheeting on the side slopes of the road abutting the property owners. This was to stabilize the side slopes and prevent any erosion which we would expect during the 1975 spring thaw and run-off. This plastic sheeting has been removed by unknown persons. S The chief opponents of the plan, Mr. and Mrs. Burke, have sued • the Shultz estate for damages to their property resulting from construction of the road. The suit also demands physical improvements to the Shultz development. The physical improve- ments, a matter of concern to the Council in the past, will now be litigated in the lawsuit. • We would, therefore, request that Eden Prairie put this matter 1 on their agenda— that a determination to accept the road, subject tppecific onditions of completion, can be accomplished. 1 i Yours. truly, • 77' Rich:;d G. Plufk Ass.stant V'ce President 41,i'fc 1 David W. Lee Probate Officer 1 DWL:lkc i2)z .. . . ,=,,, . i . . . L., , •/1151 EDEN PRAIRIE ROAD/EDEN PRAIRIE,MINNESOTA 55313/TELEPHDNE (112)111.2212. . i '..4January 13, 1975 i . f . • q • • Re: W. Warren Shultz Property 4 Buffering Requirements and Acceptance of I Streets and Utilities - RLS #664 i . 1 • ' Dear Personnel from the Northwestern National Bank.of Minneapolis, acting as executors of the estate of W. Warren Shultz, have again requested 1 to appear before the Eden Prairie City Council for the purpose of de- j termining the City's requirements for buffering of the roadway adjacent to the north end of Lots 1, 2, 3 and 4 of Block 3, Paradise Valley Addition. Today, the City Council is withholding building permits and will not consider acceptance of the street and utility improvements . within RLS #664 until the question of buffering has been resolved. 1 We have tentatively scheduled Council review of this matter for the January 26, 1975, Council meeting. In order that Council might be well informed at this meeting regarding your desires as property owners in volved, please submit in writing your specific requirements as to landscaping, retaining walls, buffering, etc., along the new roadway which you believe should be required from the developer. If possible, please submit your comments to me by January 22 for inclusion with the i Council Agenda packets. 1 i If you have questions, or if further information is desired, please call j my office at 941-2262, or stop in at the City Hall. • ' Thank you, Carl J. Jullie, P.E. • 1 City En?/ \ ,1Ir $, l �l `� Ir r t CJJ/kmh cc: Mayor David Osterholt Mr. David W. Lee, Probate Officer N. W. National Dank, ffpls. . 133 • • • ATTORNEYS AT LAW )WARD M.CONCN 054 MIDLAND BANS BUILDING • ARCA CODC 612 SauCC C.DOUGLAS MINNEAPOLIS,MINNESOTA 55401 TCLCINONC 33s•5277 RONALD E.BuDD LCON A.TOAWICII • January 20, 1975 • • • Mr. Carl J. Jullie City Engineer City Offices 8950 Eden Prairie Road • Eden Prairie, Minnesota 55343 In re W. Warren Shultz Property Buffering Requirements and Acceptance of Streets and Utilities - RLS #664 • Dear Mr. Jullie: • • Mr. and Mrs. Gerald Wolner have given me your letter of Janu- ary 13, 1975 for review. I have gone over this matter with Mr. and Mrs. Wolner very thoroughly and based on what they have told me they are quite unable to come up with the exact plans or consents of what 1 is necessary. It is also my understanding that Mr. and Mrs. Wolner have en- deavored to meet with the Northwestern National Bank and speci- fically Mr. Lee, without receiving any cooperation whatsoever. ; 1 Both Mr. and Mrs. Wolner and myself will be at the City Council , j meeting on January 28, 1975 and hopefully between the date of this letter and the meeting the bank will have contacted the Wolners and made some attempt at a comprehensive plan that will be satisfactory to my clients. • In the absence of any such comprehensive plan my clients would specifically desire the following: 1. Landscaping which would include ferns, evergreens, fir trees and similar trees planted and having a height of at least 11 fart (not small shrubs that 20 years from now may grow into a large tree). . 2. Retaining walls. • 3. Construction of the roadway so as to prevent and preclude any run-off. • j� • • Mr. Carl J. Jullie Page 2 January 20, 1975 • The above requests are only minimal and from the information I have and some costs obtained by neighbours it appears as though the price would range from $8-12,000.00. • If you have any further questions or require additional in- formation, please do not hesitate to call. • • Very truly yours, • COHEN AND DOUGLAS EN -Oc.%-pi Geti„. • EDWARD M.COHEN EMC:dm • cc: Mr. and Mrs. Gerald Wolner 'cc: Mayor David Osterholt cc: Mr. David W. Lee, Probate Officer Northwestern National Bank • • • l3S EARL F.SEELIGER. O.C. 3117 CHICAGO AVENUE MINNEAPOLIS 7.MINNESOTA MINNESOTA CNIAO..ACerC January 22, 1975 MINNESOTA 1AMC KWIC'CEMITIRATE MT'-SAE . CO NO�1041 al�'IANINAIION Residence: - 'IT REANIMATION 15519 Park Terrace Drive • Eden Prairie, MN 55343 • Carl J. Jullie • City Engineer 8950 Eden Prairie Rd. Eden Prairie, MN 55343 • • •Dear Sir: • Re: W. Warren Shultz Property Buffering Requirements and Acceptance • of Streets and Utilities - RLS #664 • As you know this project was approved contrary to the unanimous objection of the involved property owners. My property slopes downward•to the south from this street. We have fruit trees, garden and lawn abutting this street. If sand, salt or other deicing chemicals should be plowed off this road and damage our property in any way, be assured litigation against the City of Eden Prairie will result. Erosion from water running off this street on our property will also result in litigation. We already have a nuisance with tresupassers using our property as an access walkway from front to back and back to front. If tnis situation increases when houses are built we will be forces to demand more policing to abate this nuisance. I think you would be well advised to install a hedge or fence along the roadway - on city property only - to oe maintained by the city without any increase in assessment or tax for this buffering. If this is to be provided by the developer, you had better have a contract with him for maintenance in perpetuity so that no tax burden results to us. Yours truly, Dr. E. F. Seelige/ ENIpoPPartl IAw.Stale of IArnneto1A Smtron t:A 0.1 (Jl. Cbrr;t•ractors „1 'to it,Y.1Te ratty and mutations both municipal and alai..thal Ervrm rit, try.•tn d,.^rm.or rt,v tiaras in the crnlror Cr!rrnio,rn.c sit h.rrrl - - say and Hall be entitled to Sign health and death ctrtlbcatea and to air ryhll ant I`rtvtloecs of other dc.tarl oc Pbrtroan.In all tndllers Vrt lamtnr IT,h:trl,c With... DERRICK LAND COMPANY 1 770 SHELARD TOWER,MINNEAPOLIS,MINN.55428 PHONE 612/546.2278 • 16 December 1980 Mr. Chris Enger EDEN PRAIRIE CITY OFFICES 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: RLS 664 Dear Chris: This is to amplify on the material delivered to you on 12 December 1980. I have attached our correspondence with our neighboring lot owners. For con- venience, I will refer to the lots by the owner's last name. We have proposed to build fifty feet of six foot cedar fence (board on board) on our property at the rear of the Braun, Auwerter and Erickson lots. The topography and vegetation now in place are such that fifty feet of fencing will provide more than adequate screening. If the lot owners preferred to have green plants, we have offered to pay $500.00 in lien of the fence. The owner may then purchase, plant and care for plants as they desire. PIease see the attached sketch for orientation. Braun property: We propose to divide the fencing as illustrated. On 15 Nov- ember 1960, I discussed this with Mr. D. Braun at his home. Be said he pre- ferred plantings, would price some out, and get hack to me. To date we have not heard from him although I have called several times. Burke property: There is a substantial evergreen hedge along the entire length of the property line. In a eettlement (22 May 1977) of a lawsuit, the Burkes received $1,500.00 for landscaping/buffering. • Aui+'rrtor property: We will construct a retaining wall (8" X 8" treated timbers) general.le along the entire length of the Auwerter property. The wall will serve tie purl ores: to support the curb and driveway now in place and to eliminate the adverse l'i::u:?? im,'.:ct of thy' sid.• of the curl, now in place. Additionally, ue have agreed to p,iy the $500.00 to :tre. Auwortor for screening typo plantings, ���1 LAND rx.Vi'Lopl:u1; • r Page 2 Erickson property: In all honesty, we feel the existing vegetation preclude the _need for additional screening. Nevertheless, if the owner desires, we will in- : • -stall the six foot fence previously described. Chris, we feel these proposals go the extra mile in making these lots viable and as good neighbors as possible. We request that you put on on the council agenda in January. Thank you. Sincerely yours, 164i- W. Kurt Laughinghouse Derrick Land Company • WKL:slh 6 enclosure cc: EP IV I'It • • • • b• ark RE DERRICK LAND COMPANY • iii■ 1770 SHELARD TOWER,MINNEAPOLIS,MINN.55426 {{ • fiiii PHONE 612/546-2276 • itii■ , • 28 October 1980 a • Mr. David Olson • EDWARD M. COHEN & ASSOCIATES • • 1330 Shelard Tower St. Louis Park, MN 55426 ' j. Dear Mr. Olson: . This is in response to your letter of 7 October 1980. • We believe we can substantially meet your clients desires in screening the private road from her property. If it is mutually agreeable, plant- ings can be placed in her yard rather than our property; there should i be some relationship, however, between the location of the plantings • and the lot line. . • With regard to the retaining wall at our street: we intend to place _• such a wall, with top of wall above the street level. We will he in touch with you, or Mrs. Auwerter directly if you desire, for planting location and other coordination. • Sincerely yours, -. • . 11/(4//------ . W. Kurt LiltIghOihouse • Derrick Land Company - i WKL:slh il cc: EP 11 4 I I.AND 1)1 V LOPIiUS AND 11110KERS • • • 8.4.amd.%t e, ge .sad EDWARD M.CONEN ATTORNEYS AT LAW • ARCA CODE SIi DAVID L•OISON 1310 SNCLARD TOWER T NC 646.6300 MARE D.LU7MLR WAYZATA SDULCVARD AT COUNTY ROAD 18 RICHARD D•BUNIN ST.LOUIS PARK.MINNESOTA 55426 SCOTT A.LIrSON RICHARD W.GREEN • - ' • • October 7, 1980 • Mr. Curt Laughinghouse • • c/o Derrick Land Company • 1770 Shclard Tower St. Louis Park, Minnesota 55426 1557.3 Re: Marlene Wolner - Eden Prairie Property • • • • Dear Mr. Laughinghouse: Following up on our conversations of a few days ago, I believe I can accurately summarize the position of my client in this matter as follows: The exposed raw edges of the curb and gutter must be covered in some fashion. This will provide visual relief, as well as affording structural support for the road surface. We perceive a substantial likelihood of erosion which will create a runoff and a nuisance to the Auwerter • property, as well as undermining the support for the road • surface. We believe the above can be accomplished by a retaining wall approximately the same height as the curb and gutter. The wall would have to be located from one to four feet • from edge of roadway and filled in with dirt. We would • prefer that it extend above curb line to avoid snow being plowed onto the Auwerter property. This would constitute a nuisance which would require abatement by the property owners. In addition, we believe visunl buffering of the road and retaining wall can be accomplished by a limited planting of evergievns spaced approximately ten feet apart or whatever spacing the mature trees would require. We believe only four to six trees would he required due to existing plantings and the shed on the back property line. Ilk) • I Mr. Curt Laughinghouse October 7, 1980 Page 2 • • Mrs. Auwerter finds the proposal to build a fence completely unacceptable. It does not afford suitable visual screening, nor does it provide any support for the road or control of the erosion problem. We feel it would be, in effect, a nuisance which would invite plowing of the snow from the roadway up against the fence, and thereby aggravating the situation on the Auwerter property. It should be borne in mind that the Auwerter property has a • greater grade separation than her neighbors. Her problems are, therefore, considerably different and will require different solutions than may be acceptable to the others. . I feel it would be in your company's best interests and the. best interests of the people who purchased the property to spend the extra money and effect a permanent solution to this problem, which will not result in numerous lawsuits in the future. If you wish to discuss the matter further, please feel free 'to give me a call. Yours very truly, EDIARD . COHEN & ASSOCIATES 6 . gai-K David L. Olson sc cc: Mrs. Marlene Auwerter • 14i I . . . . • . .. • V• )1-05"-- . • • • . • . • . r a . 4 DERRICK LAND COMPANY 1770 SHELARD TOWER,MINNEAPOLIS.MINN.55426 PHONE 612/546-2276 i 3 September 1980 • i Mr. Jack C. Burke 15507 Park Terrace Drive Eden Prairie, MN 55344 i I Dear Mr. Burke: r As you know, our company intends to complete the development of the property north of your home. Shortly we will submit an application to the City of Eden Prairie such that the land will be approved for four single family homes. . We plan to have the road now in place continue to he a private road; the four r homeowners will therefore he responsible for maintenance. Theie will be no S large city trucks doing the plowing, nor will salt be used. Most frequently a jeep or pickup truck is employed and small vehicles such as these can con- t trol the placement of the snow and make sure that none leaves our property. I We wish especially to cooperate with you in seeing to it that the development does not unduly impact upon your property. t If you would like to discuss this, please call on me at the office or my home • (944-153.3). 7 would be happy to meet with you at your home, or any other convenient place, and at any time, evenings or weekends. ' ,I Sincerely yours. . i til(4(114"...''' , W. tort Laughinghouse Derr irk hied Company I. 147.:s l b • ' . cc: tr 11 • • • • . • f 1 STATE OF MINNESOTA DISTRICT CC, 2 COUNTY OF HENNEPIN i,.y FOURTH JUDICIAL DISTF 3 E 4 Jack G. Burke and Shirley. Burke„ ') 5 • Plaintiffs, ) File No. S! 6 -vs- ) 713371 7 Northwestern National Bank of ) Minneapolis, et al., ) SETTLEMENT STIPULATIC'' 8 ) Defendants. ) 9 10 11 The above-entitled matter came duly on for hearing befor.- 12 the Honorable Rolf Fosseen, Judge (Ret.), of the above-named 13 Court, on the 22nd day of March, 1977, at the Courts Tower, 14 Government Center, Minneapolis, Minnesota • 15 APPEARANCES: 16 PHILLIP GAINSLEY, ESQ., appeared as counsel for 17 and on behalf of the Plaintiff; and, 18 . CHARLES PORTER, ESQ. end PAUL M. 11ET.;1, ESQ., 19 appeared as counsel for and on behalf of the Defendants. 20 21 Clerk: F. Bursch 22 Reporter: R. E. Johnson 23 24 - - - 25 �y3� • 1 THE FOLLOWING STIPULATION MADE IN CWd1BERS WAS READ 2 3 IN OPEN COURT BY THE COURT REPORTER: f 4 MR. GAINSLEY: May it please the Court, the parties 5 have agreed among themselves and with the advice of their ;i 3 • 6 attorneys that the defendants shall forthwit�pay to the P 7 plaintiffs the sum f $1,500.00 be used by the plaintiffs 1 8 without restriction. 9 In addition thereto, the defendants Schultz, meaning 10 all the named defendants, save and except for defendant Orfei, 11 shall pay to Phillip Cainsley the sum of $1,500.00, to be 12 placed by him in trust to be disbursed only as follows: 13 1. As and when the City of Eden Prairie, Minnesota, 14 approves a building permit or building permits 15 on Lots A, 11 or C, registered land survey 664, 16 Hennepin County, or as and when the City of Eden 17 Prairie, Minnesota, accepts the road constructed 18 by the defendants along registered land survey t9 664, Hennepin County, and directs as a condition i ` 20 to said approval or acceptance that certain i . i 41 buffering or landscaping be constructed between 22 registered land survey 664 and lots 1. 2, 3 arul ( 23 4, block 3, Paradise Valley, ileunepin County, 24 the cost of said buffering or l:ndscapiup, as 25 to lot 2 shall be borne first by the said etcro.,r; • • t , 1 . i ( • ( I . 3 . 1 $1,500.00, and the plaintiffs shall contribute 2 toward the balance, if any, in an amount not to 3 • exceed the sum of $500.00. 4 2. In the event the City of Eden Prairie, Minnesota, 5 fails, refuses or elects not to require any • 6 such condition precedent to the said acceptance 7 or approval, then the plaintiffs may proceed to 1 B landscape the buffering area in accordance with 9 their own design, and the parties do hereby 10 authorize Phillip Cainsley to disburse the ' 11 escrowed funds upon presentation to him of 12 bills, statements or invoices for said landscaping. 13 Upon receipt by plaintiffs or plaintiff's attorney of { 14 the sums referred to hereinahove, the plaintiffs do hereby 15 dismiss this action with prejudice against all defendants, and l 16 without further costs, and the plaintiffs shall execute the 1 17 required releases submitted to them by the respective parties. 1 16 The contribution to the first $1,500.00 mentioned above will 19 be made by payment by or on behalf of the defendant Orfei, 20 and Sons in the amount of $500.00 and on behalf of all other 21 defendants in the amount of $1,000.00. 22 THE COURT: Er. and rigs. burkc, do you have any 23 questions of your counsel? 24 14:. GIIRM.E: Your Honor, could I ::peak to my counsel? 25 THE COURT: Ye::, indeed. 116 • • ' ( ( i r 4 1 1 (Discussion not reported) • 2 THE COURT: Mr. Burke, have you had an opportunity 3 to now talk to Mr. Gainsley? 4 MR. BURKE: I have, Your Honor. t ' 5 THE COURT: Do you approve or disapprove of the 6 settlement as read? 7 MR. BURKE: I do approve it. ' © THE COURT: And Mrs. Burke, do you approve? t 9 MRS. BURKE: I approve. . 10 THE COURT: Thank you very much. 11 And Mr. Heim, have you authority to enter into 1 12 this stipulation on behalf of the defendants Orfei and Sons? 13 11R. HEI l: Yes, Your Honor. • 14 We do have in the courtroom Hr. Bruce iioulden , 15 who is an attorney for and employee of Northwestern National 16 Bank, and also James Shultz who is a named defendant and a . 17 representative of the individual heirs and other individual 18 ' named defendants, if you would like their approval. 19 THE COURT: I would assume that they approve unless 20 they otherwise indicate. hearing nothing to the contrary, I 21 shrill so assume. And Mr. Porter? 22 11R. PORTER: Yes, Your Honor, on behalf of the 23 defendant Orfei•and Sons, we approve of the settlement as read 24 THE COURT: Thank you very much. The matter i . 25 disposed of. Thank you very much. • I • t. .a . . DERRICK LAND COMPANY i a 1770 SCIELARO TOWER.MINNEPPOLIS.MINN.55426 • PHONE 512!546-2276 - 3 September 1980 Mr. Donald II. Braun 15501 Park Terrace Drive I Eden Prairie, MN 55344 j Dear Mr. Braun: i i Its you know, our company intends to complrtr Fite devclopmknt of the property { north of your home:. Shortly we will submit .tn application to the City of Eden Prairie such that the land will be approved for four single family homes. i We Plan to have the road now in place crntinne to ben ter lento road; the four 1 homeowners will therefore ire rr:;pnnsi hl,• fo m.rint rna nor. 7'hrrc will be no I• large city trucks doing rho- plowing, not will salt. he used. Most frequentiu a jeep or pickup truck is emplru,r.l and small vehicles such us these'can con- , i trot the placement of the snow and make sure that none leaves our property. j : Me wish eslvcialltl to ,00lv'rat:r with non in . •ri rag to it that the development j I does not tnriuly rat r.t upon uour property. l7 uou r rare, we have spent 4tl. considerably tii. and effort st u-duinq Or lilt, between our property and yours. yi Ire I,rl it would iv npprorriate to install about fifty foot of ::ix foot cedar few, along the line and plan to do so at a ,n•.1. to us of about $500.00 • If you feel the $500.00 could he u•:rrl inner• rrrnrnDrla,e•l u in snrnr other fashion -. • ! for examplo landreaning, w:• w0014 darn, 1r, 1,rr rams /hat sum in cash. In rude cunt,, you would he roslx,n::iblc For ecru n:...rr...... . lan,h:cafirag. If non would like to discuss this, pincer r..il 1 ,a, err di the office nr con lam,• t"44-I5771. I elms L! b,` h:,t'nr I', m,.,•t. wit,' 'tea, dt 'i.e.ri Item.•, or an'!ether i convenient place, and at amp t.ire:, evcnim;'. ,•r t..,•Iam•I::. Sinecvrlu cycle:, i Vie 4,•(J...„....--. h. !'at td.dhroala.t o li.'rr ink I_N,' I"r,.m1•.11r'1 . • he?.,I.::'I li cc: EI' II • Lin • ..s,r-I run L,cn III.LV mn.r . _.. .. . _. - .... 1 NO COVERAGE MOYNIEO- r The IdlowinA Inc e n eeleeled(rM k aim) —' NOT EON NTERRAss.AL MAL I. ©.Show to whom srd dale drl.wred (Soe Reversal ; 0 Show to whom,dale.and addrnsd delitel7 --4 6/w Mr. O RESTRICTED DELIVERY i5T Donald M. Braun 5 , Show m whom end date delineed —4 s 15501�"'.' RESTRICTED DEUVERY. Park Terrace Dr. O show to whom dale and addicts d deli.erE.S.. i•u TPr Prairie, Eden Prairie, MN 55344 (CONSt'LT POSTMASTER FOR FEES) "'a! s S.AAslcu AooREsuo To aRleroaee • Mr. Donald H. Braun VIEW door. t • 15501 Park Terrace Drive msr•.clrnavrt"• • Eden Prairies MN 55344 R 1155 V y ou.e.ra0 t N.MTICLL DCSCRI►t10N: • F S > P+n Ni e1N0 11L01NTMED NO. CCRII/ICO NO. INSWLD ND * If. e .roRnewN. t 727547 ' L•i ~��H.n::Oi IAIweTe e6M I N a00maee w 1 P O i M1�a•Ow.w w1�M11 In arts era �.lyl mrx NS�VCIIe t gI+IIfo r I.I•rlar E Aaee received the ankle dexriked ahwe. :1 seen tn...art zoo sISN TURF CI Address D Authorized met 101wt a051Ael twilit S A A C or weal .! STaUVRX -ePf!NMa oft once li D q—ri O•T . • letter regarding screening 'RICH IU S.ADDRESS(ComW Is.1T d,e�u..le01 q(1 x proposal. �,. (,Ar.7o�o 6HELARC �, 1�• 1612/54 5' ''- 6.UNABLE CD DELIVER BECAUSE CLERK'S hiJNITIALS • Y r 4 w:IRf-4-ev-111 • 28 October 1980 t • Mr. Donald H. Braun 15501 Park Terrace Drive Eden Prairie, MN 55344 is Dear Mr. Draun: This is to follow up on our letter of 3 September 1980, in which we in- • dicated our intention to provide screening between your back yard and our property. Since we have not heard from you, we assume you agree to our proposal. Before we begin any installation, we will be in touch with you for fur- ther coordination. Thank you. )) Sincerely yours i . /-' W. Kurt Lnughinghouse Derrick Land Company • WKL:slh cc: F.P ri 1. pl • C • • • October 30. 1980 W. Kurt Laughinghouse DERRICK LAND COMPANY 1770 Shelard Tower • Minneapolis, MN 55426 Dear Mr. Laughinghouse: We are not in receipt of your letter dated September 3, 1980, which you refer to in your letter of October 28, 1980 regarding • screening on the back yard of our property. Please inform us of your intentions or offer. Y77truully, -?¢tC,l / ,�l�i�=✓ Don Braun DB/ldh • • erie lor.urn cc:: hF/RGS 664 'Lig .. • .f ENRPNt.w.,ti.:,.a, ...•r: r••Add n lad ..Du"RETURN TO'sere on I. R w..,. I.The following service to Rimmed(cheek one). • I i c4 Show to whom and dote delivered _-1 • !I 0 Show to whom.dace,and address of delivery.,_/ 's • ? i RESTRICT!D DELIVERY Show Io whom end dee delivered __t Q RESTRICTED DELIVERY. Show to whom.date.end address of delivery.!— 1 (CONSRLT POSTMASTER FOR„FEES) I E.MITICLE ADDRESSED To: Mr. Donald Braun • 15501 Park Terrace Drive 1 Eden Prairie, MN 55344 a. 3 ARTICLE DESCRIPTION: I ff REGISTERED NO,I CERTIFIED NO 1 INSURED NO. 1 n. IAIo.I•a.01.In.IAn.lure ofN....e...e..E.ml I. sI hee teemed the,Hide described above, N. I rl SIGNATURE [J Addn•.wv Q An11,1 iit'd 9Rl•nt 1 AIL r EUVLRV I • PQDTN'I�RK r O II !�J9_ 6! s , f, �.7...OR si lC��..nlr w.wvnNdl »ap 4ND COMPANY • ii++ NER,MINNEAPOLIS,MINN.55426 6.UNABLE TO DELIVER BECAUSE: CLERK'S - INITIALS • O No:I.n-o-».on I a 3 November 1980 • Mr. Donald 11. Braun 15501 Park Terrace Drive ( Eden Prairie, MN 55344 I C . - Dear Mr. Braun: This is in response to your letter of 30 October 1980. Enclosed is a copy of our 3 September 1980 letter. H Sincerely yours, VX/q/ ' It. Kurt Laughinghouse Derrick land Company • • WKL:s1h cc: EP II 10 • . .00"Y . DERRICK LAND COMPANY l 1770 SHELARO TOWER,MINNEAPOLIS.MINN.55426 • PHONE 612/546.2276 3 September. 1980 , Mrs. Marlene M. Auwertcr • 15.513 Park Terrace Drive Eden Prairie, MN 55344 • Dear firs. Auwerter: As you know, our company intends to complete the development of the property • north of your home. Shortly we will submit an application to the City of Eden Prairie such that the land will be approved for four single family homes. h'e plan to have the roam now in place continue to he a private road; the four homeowners wi11 t her-chary be rrsponsi ble for ma in tenancy. There wi 11 be no large city trucks doing the plowing, nor wit! salt he used. Post frequently a jeep or pickup truck in employed and small vehicles such as these can con- trol the placement of the snow and rote sure that none leaves our property. We wish especially to cooperate with you in erring 10 it that the development. does not unduly impact. upon your property. As you arc aware, we bare spent 3. con•:i drrable time and effort studying the line between Cur property and nnur.^. We feel it wet/lti he appropriate to i eel.at I about (i ftrl fret of nix foot cedar 1 fence along the liner arid plan to do so at a rest to us of about $500.00. • • Jr you feel the $500.00 could be used nnre npy'rnnrieeeI, in $ore^ other fast,inn for example tnndsr•apiitO, we t;ould anern.rn !,.to non l IN,t sum in cash. In sur•Ir . rase, you wrruld br responsible for any n^crn•,ary 7owl.,e'al, 11g. I 1r vote r,,,id 1i{:c to discuss I his, please r:a1I on Inc ;it the nrficr er fin? hnn, 1. 04.-15/I). I would be happy Ire rxv't r:i th ' n 01 tom,' horny, or any other I woven iCHI. pl are, and at any t im,•, even i nqs er weekends. iiii\j / li. turf 1.4n011nnlreu,o prry i0: I..nid Cern!aenl htc l.:r•lh • VC: rr 1l • ,' 8' .+Z ✓lG‘Zen,g Sladoaded CDwARO M.CORO, ATTORNEYS AT LAW AREA COOL L.E DAVID L.ONOx• ,»O fpw1L 'LtERMONt$00.4700 MARK D.INf NLR MAMMA LOOLIVALO AT COVNTY ROAD RoLN•RD D.SuNIN ST,LOINS PARK,MINNESOTA 55426 Scan A.LWTEON RICHARD W.GRitx September 10, 1980 Mr. Curt Laughinghouse c/o Derrick Land Company 1770 Shelard Tower St. Louis Park, Minnesota 55426 • Re: Marlene Wolner - Eden Prairie Property • Dear Mr. Laughinghouse: Mrs. Auwerter has received your letter and is most distressed with the proposals being made. I would suggest we arrange a mutually convenient time to meet at the property site to discuss the situation. • I will be on vacation the week of September 8th and would ask that you call me the week of the, 15th to arrange a time to discuss it further. Yours very truly, EDWWAARD H. COHEN &�ASSSOCCIATES • /01.4 Kx- Off. � 40~ David L. Olson sc cc: Mrs. Marlene Auwerter 4 � • • i 777 L 151 ' : , ,�&. ram % fG.[Comm.CDwuNO M.CON[w ATTORNEYS AT LAW MG coO[H! 1 i 040V10 L.QI[ON 1770 O'PALM MARK O.Lut.[w T[a[RNON[ORO.O�00 'i. RICM[RO Q Byrom W11 OUI[PARK.M At ESOTOWITT ROAD 10 1 ST.Lculs PARw•MIN NCSOTA 66426 SCOW A.U1[D1 , t RICwARD W.G5[[N 1 October 7, 1980 I 1 Mr. Curt Laughinghouse y c/o Derrick Land Company 1770 Shela_d Tower St. Louis Park, Minnesota 55426 1 Re: Marlene Wolner - Eden Prairie Property Dear Mr. Laughinghouse: �. Following up on our conversations of a few days ago, I . believe I can accurately summarize the position of my • client in this matter as follows: The exposed raw edges of the curb and gutter must be covered in some fashion. This will provide visual relief, as well as affording structural support for the road • surface. We perceive a substantial likelihood of erosion which will create a runoff and a nuisance to the Auwerter property, as well as undermining the support for the road surface. We believe the above can be accomplished by a retaining wall approximately the same height as the curb and gutter. The wall would have to be located from ane to four feet from edge of roadway and filled in with dirt. We would prefer that it extend above curb line to avoid snow being plowed onto the Auwerter property. This would constitute a nuisance which would require abatement by the property owners. In addition, we believe visual buffering of the road and retaining wall can be accomplished by a limited planting of evergreens spaced approximately ten feet apart or whatever spacing the mature trees would require. We believe only four to six trees would be required due to existing plantings and the shed on the back property line. i .. II.5.3 Mr. Curt Laughinghouse �• October 7, 1980 Page 2 Mrs. Auwerter finds the proposal to build a fence completely unacceptable. It does not afford suitable visual screening, nor does it provide any support for the road or control of the erosion problem. We feel it would be, in 'effect, a nuisance which would invite plowing of the snow from the roadway up against the fence, and thereby aggravating the situation on the Auwerter property. It should be borne in mind that the Auwerter property has a greater grade separation than her neighbors. Her problems are, therefore, considerably different and will require different solutions than may be acceptable to the others. I feel it would be in your company's best interests and the best interests of the people who purchased the property to spend the extra money and effect a permanent solution to this problem, which will not result in numerous lawsuits in the future. If you wish to discuss the matter further, please feel free to give me a call. Yours very truly, EDI RD •A. COHEN & ASSOCIATES !AK David L. Olson sc cc: Mrs. Marlene Auwerter • • • • • • I, • • • !. I 13 1 1 1 }- DERRICK LAND COMPANY • . 7 y 1 770 SHELARD TOWER.MINNEAPOLIS,MINN.55426 1 -}"—r----t', PHONE 612/546-2276 e 26 October 1980 Mr. David Olson EDWARD M. COHEN 6 ASSOCIATES • 1330 Shelard Tower 1 St. Louis Park, MN 55426 d Dear Mr. Olson: This is in response to your letter of 7 October 1980. ff We h.rlieve we can substantially meet your clients desires in screening the private road from her property. If it is mutually agreeable, plant- t ings can be placed in her yard rather than our property;.there should !f be some relationship, however, between the location of the plantings and the lot line. . With regard to the retaining wall at our street: we intend to place such a wall, with top of wall above the street level. , We will he in touch with you, or Mrr. Auwerter directly if you desire, for planting location and other coordination. • Sincerely yours, t../__ W. Kurt h4'1gh((7house Derrick h.;nd Company IJKL:nlh cc: VP II • i . 1`i,.) • • • • . i • I i1 • 1 • , • I 3 1 . CI Tiq : in.I■N■ '_ DERRICK LAND COMPANY woos 1 . , 1770 SHELARD TOWER.MINNEAPOLIS•MINN.55426 INPHONE 612/546.2276 I i • 3 September 1980 Mr. Rolf L. Erickson ' i 15519 park Terrace Drive i , Eden Prairie, MN 55344 7 1 i Dear Mr. Erickson: As you know, our company intends to complete the development of the property y north of your home. Shortly we will submit an application to the City of ! Eden Prairie such that the land will be approved for four single family homes. 1 We plan to have the road now in place continue to be a private road; the four j homeowners will therefore be responsible for maintenance. There will be no i Q large city trucks doing the plowing, nor sill salt bu used. Most frequently a jeer or pickup truck is employed and small vehicles such as these can con- 1 trol the placement of the snow and make aure that none leaves our property. We wish especially to cooperate with you in seeing to it that the development 1 does not unduly impact upon Your property. As you are aware, we have spent 1 considerable time and effort studying the line beti.'.'en our property and yours. j We feel it would be appropriate to install about fifty feet of six foot cedar t fence along the line and plan to do so at a cost to us of about $500.00. . If you feel the $500.00 could be used more approln'iatoly in some other fashion . for example landscaping, we would agree to pay you that sum in cash. In such S case, ynu would he responsible for any necessary landscaping. 1 If you would like to discuss this, please call on pre at the office or mq home(944-1533). I ins Id he happy to meet With ynu j at your lines, or any other I convenient placer, and at any titre', ovenings or u•r•el:onds. Sincerely Yours, 1 i i 1/(;1.<6 i N. Viol Louth rnghnnae klw'rick Land Cusq'.rny • Ii'KL:slh cc: 1.P I I I ii6 .. .— �.-....._..r.__... _ ✓NOT FORM ONAIdeal MAR (7�ShDR m whom and Jue Jelne/avl _1 .- '� • �� ISee na+aN[al - Show to whom,slue.andaddren d delivery..�1 '• ... . Rolf L. Erickson I g RESTRICTED DELIVERY -Kiwi arm.. Show to whom and date delinNd --1 15519RESTRICTED DELIVERY. 'i iiePark Terrace Dr. 0�eAwltrrw Show Khan.demand address d delivery.t_ Eden Prairie, MN 55344 (CONSULT POSTMASTER FOR FEES) PM,AO! S ar UnesNOPE( t !.ARTICLE AODO TO • CC! Mr. Rolf L. Erickson W^C'aLOfMOW ! 15519 Park Terrace Drive rNS•aa:ttOO[UVEae ! • W.L1 4. Eden Prairie, MN 55344 • yI u '�,OWroweum • 3,ARTICLE DESCRIPTION: ' rNlmar! a, ; ; ...m.o.....WI MIeTG[D NO. CERTIFIED NO. INSURED NO. _.W “o'r .54. a '. I 727540 P U WW WNN 40a4rF IAMnNLaM akWaLUWNMM.IM nalaml gE. a M Numinw.xnctE° t E I have received the ankle described above. p z. MIN. dddd �.1=iDWMw wn.r lIONATUR[ ❑AA'ddrnr,n/• L]ANlhorind 6 tt++�Rn11Y14.mlv I , rM:,•ynw.4.H. 1On 1,07 amwNK[! S [• DATE I >"V_ trOE OP WE 1 It letter regarding screenin7 / I aT • • proposal. IC p S.ADDRESS IC ANIN WrN SNIT.6'C) - - .. k ?LA g C 1 vvy R 12/ 8 A 6.UNABLE TO DELIVER RECAUSQ`' '. �jNITAII IC ..N....,:.,, *No.1N-6 u.sa, • • 28 October 1980 a Mr. Rolf L. Erickson , 15519 Park Terrace Drive Eden Prairie, MN 55344 Dear Mr. Erickson: This is to follow up on our letter of 3 September 1980, in which we in- dicated our intention to,provide screening between your back yard and our property. • Since we have not heard from you, we assume you agree to our proposal. - Before we begin any installation, we will be in touch with you for fur- ther coordination. Thank you. • Sincerely yours, a • W. Kurt Laughinghouse , Derrick Land Company l WK7.,slh cc: EP II ( • 11,51 . Wl.,l,l„ „lra.•. : a 1 DATE: January 14, 1981 TO: John Frane, Manager FROM: Jack Hackink SUBJECT: Eden Prairie Fire Station on Hennepin County Road 4 at Valley View Road Attached is a letter from our city attorney outlining the agreement between The City of Eden Prairie and Dickey-Kodet, Jesco, and C.O. Field Company. I have been working very closely with Mr. Rosow and I am in full agreement with the solution that he has worked out. If you have any questions please feel free to call me. • Y 'JV • 16111 999.0T99 LAW orrice.; LAND, PAULY 8 OREDERBON, LTD. • 4109 IDO 1 MINNEAPOLIS.MINNESOTA i9409 LAND ROGER A.PAULY DAVID H. ORCOEREON R.TNOMAE OREENE.JR. RICHARD/. ROROW LAWRENCE J.OKOOLUNO January 13, 1981 Mr. Jack Hacking Director of Department of Public Safety 7905 Metro Road • • Eden Prairie, MN 55344 Re: Eden Prairie Firehouse Station Dear Chief Hacking: Pursuant to my conversations with Keith Wall, I request that you submit a memorandum to the City Council requesting approval of the settlement negotiated on the Firehouse Station. The negotiated settlement provides for the following: 1. Payment of $5,000.00 to the City of Eden Prairie; 2. The City will receive a 10-year manufacturer's guarantee applicable to the Hydrozo sealant applied to the Firehouse by Swanson and Youngdahl, Inc. ; 3. Dickey-Kodet, Jesco, and C.O. Field Company will provide individual guarantees of the Hydrozo sealant in form and substance equivalent to that of the . manufacturer's and covering the same 10-year period; 4. The parties named in item 3 will indemnify and hold the City harmless from all claims for expenses of Twin City Testing, Swanson & Youngdahl, Inc. , and Dickey- Kodet incurred in relation to this problem; 5. All interior walls of the building not presently painted will be painted so as to cover water stain marks; 6. In return the City will release to C.O. Field Company the $5,000.00 retainage presently being held; and 7. The City, Dickey-Kodet, Jesco, and C.O. Field will all execute a full and final settlement and release. • 169 Mr. Jack Hacking January 13, 1981 Page Two I have requested that Joyce Provo place this matter on the agenda for the January 20th meeting, and pursuant to my previous conversations with you, I understand that you wish to submit the memorandum regarding the matter that will go to the Council. If you have any questions, please do not hesitate to call. Very truly yours, LANG, P ,ULY & GREGERSON LTD. .U.ldAd q and F. o ow RFR:ps l\ cc: Joyce Provo • I(U S TO: MAYOR & COUNCIL FROM: JOHN FRANE DATE: JANUARY 16, 1981 RE: LOCAL 49 UNION AGREEMENT FOR 1981 AND 1982 g� This contract has been negotiated by the Metropolitan Area . Managers Association (MAMA) which represents the 21 communities shown on the attachments. The settlement is fair to all parties and can be accepted by the council. Our personnel resolution #1088 can also be amended to provide the same benefits for health insurance, $10 increase in 1981 and $10 in 1982, to other City employees. 6 • MASTER LABOR AGREEMENT ++j BETWEEN METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA) REPRESENTING THE CITIES OF: BLAINE EDEN PRAIRIE NEW HOPE BROOKLYN CENTER EDINA RICHFIELD BROOKLYN PARK FRIDLEY ROBBINSDALE BURNSVILLE GOLDEN VALLEY ROSEVILLE CIRCLE PINES HOPKINS ST. ANTHONY COLUMBIA HEIGHTS MINNETONKA ST. LOUIS PARK CRYSTAL MOUNDS VIEW WHITE BEAR LAKE AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO • 6e January 1, 1981 - December 31, 1982 110� ARTICLE XVII SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in•safety matters • and to encourage employees to work in a safe manner. ARTICLE XVIII JOB POSTING 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 18.11 have the necessary qualifications to meet the standards of the job vacancy; and 18.12 have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XVI (PROBATIONARY PERIOD). • 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX INSURANCE Tne 1.,MPLOYER will contribute up to a maximum of ninety-five dollars ($95.00) per month per employee for calendar year 1981, and up to a maximum of one hundred and five dollars ($105.00) per month per employee for calendar year 1982 for group health and life insurance including dependent coverage. • -14- ' ARTICLE XXIV DURATION This AGREEMENT shall be effective as of January 1, 1981 and 3 shall remain in full force and effect until the 31st day of December, 1982. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this 2r,Q day of , ,G,,r,,,,,,<y , 1981. 1 1 ( FOR THE METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA) : / \--C )pj"./x'A .._, -.. ‘ :2) ,....-----.. {1{ FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO; ,- 99 / / Lr , (fir %�i mil-. _�,., FOR THE CIT] OF -17- ,Li • APPENDIX A WAGES A. The following wage schedule will be in effect from the first payroll period in 1981 through the last payroll period in 1981: Heavy Equipment Operator $ 9.37 Light Equipment Operator $ 8.92 B. The following wage schedule will be in effect from the first payroll period in 1982 through the last payroll period in 1982: Heavy Equipment Operator $10.17 Light Equipment Operator $ 9.72 G. New employees will start at a wage rate equal to ninety (90) percent of the contract rate for the job classification into which the employee is hired for the employee's first year. This rate will increase to ninety-five (95) percent of the contract rate for the employee's second year, and move to the contract rate for the employee's third year of employment. -18- 1c J • MEMORANDUM OF UNDERSTANDING BETWEEN METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA) REPRESENTING THE CITIES OF: • Blaine Eden Prairie New Hope Brooklyn Center Edina Richfield Brooklyn Park Fridley Robbinsdale Burnsville Golden Valley Roseville Circle Pines Hopkins St. Anthony Columbia Heights Minnetonka St. Louis Park Crystal Mounds View White Bear Lake AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, • AFL-CIO FOR , CALENDAR YEAR 1982 By mutual agreement for 1982, if the unit employees vote to use ten dollars ($10.00) of the $105.00 per month per employee of health insurance for dental insurance for all unit employees, and the City Council concurs, then such ten dollars ($10.00) per month can be used to bid out a dental insurance program. } FOR MAMA: FOR I OL, LOCAL NQ. 49: ------. —=1/.__ r�'7i�t ._- :cam(,//�,',.^."7, , ,---\--Tr,,,.c, 'y; L..:/t--jri_ —,, ) _.... ...., 4 1____V—e..eitCec4dd Dated this ..0 day of Dated this ,.,w day of _3rF nLLh c.)- , 1981. c�r‘..< <I , 1981. U 11,4) 1 • MEMORANDUM ' • TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: John 0. Franc, Acting City Manager FROM: Bob Lambert, Director of Community Services DATE: January 14, 1981 SUBJECT: Request to Approve Plans and Specifications and Advertise for Bids for Construction of the Round Lake Park Shelter Attached is information provided by Smiley Glotter Associates regrading plans and specifications for the Round Lake Park Shelter. Representatives from Smiley Glotter Associates will be in attendance at the Januury 20th meeting of the City Council to provide a detailed review of the Park Shelter Plan. At this time, staff requests approval of the plans and specifications for construction of the park shelter and requests the Council to authorize advertising for bids on January 22nd and 29th in the Eden Prairie News, setting the date for City to receive bids on February 13, 1981 at 2:00 P.M. in the Council Chambers of the Eden Prairie City Hall, 8950 Eden Prairie Road. The City Council will review all bids at their February 16 Council meeting. Bidders will be requested to bid the project with a July 15 completion date and with an alternate as an April 15 start and a September 15 completion date. This will give the City Council the opportunity to either have this facility completed for a portion of the summer use or perhaps save some cost and have it ready for use later in the year. Cary Nyberg, Smiley Glotter Associates, will review with the Council other proposed bid alternates. BL:md • Eden Prairie Park Shelter - 8002A The following are deduct Alternates sequenced in numerical order: • 1. Open shelter roof, connection roof and columns. 2. Cedar shingles to asphalt. • • 3. Interlocking rubber floor. 4. Lockers. 5. All casework. 6.--Fixed seating. 7. Metal stairs to wood. 8. Ceramic tile walls in toilets to epoxy paint. 9. Sound system. 10. Upper storage partitions. . 1 • . • s. • - • ��• , / - •/Is . Ill a — i M1LL�KII — _ • • \ \ A .Ic faO 1 • I. • ` C',I I . • \f\) II (' � �`11II-� • 61 TE Pi.. ..I • 1 I . --„,-..--7 ..--... . .-.......-,- 0 ig, .e. . ••••[10••••• . r r' i\71,f;I.- --tlf- / ik• • '.:1,271 1-\.....<(,,,,f •,, , .f '' -...c4;\ ....7•ZI ; I ..e.., .‘, ..,...„., _,.,... ..1‘ e.,. ...... ,,,, • ,L.' r ,i• ‹k ....'-• Ar \',..* i. ':".:•v 0, ..x*--110. 4'' fg.o-%Cit • -‘. . L'"'•- -. ; 1 • , ir 4; i: ., \ / ' % /A//l'4,,; . 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II' Ci AL • --......---,-- . i 1 • 1 4 f / / -- - ----•-- . --• / • • , • ' • / / 1 I • / • < 1 • . g 4 I ' \ I . . ' ("7) ' ar•ti,idli, I • I---- r-- , . . I 1 -...., 1 1-'`"'' ' ' 161/1('4'11 , . . //64) tI . II l• ! . / dA, ,,? 1 ,, , . ' / - 11,„ , Y' • I -"!! ' : 1-. k:.; 7 // 1111 . 1 IV '. 4 • • 7 . 4., - i ! '1 : 1 1;1 • ;1 . . poem . .. \-I gi .1.1d • , Hi.•!1 j . N,. 1 Iii 111 1 , \. I E. i h. .. I 1-, i 0 i . 0 LI '.: i. \ • - 1 ' lu , a to 0 s • l • t \ 0 // I t \\ 1 1 4 I 1 1 `; 111 1 I I klor:T-f 1=LEVAT1o1.J • . Aalh . • • / \ // iz \ 0 - \ • jj((�������iGP.P+L[�-ATOJ���+1 1 `Tlr:tyl_ 40.1L t j I le ^; I 1i _ a J71-{ El—EN/A.7 c,LI i ( I`-1 E , MEMORANDUM TO: Mayor and City Council • THRU: John D. Frane, Acting City Manager • FROM: Bob Lambert, Director of Community Service DATE: Janaury 14, 1981 SUBJECT: Draft Agreement Between the City of Eden Prairie and Hennepin • County Park Reserve District At the Janaury 20 City Council meeting, staff members from the Hennepin • County Park Reserve District will be in attendance to discuss the proposed • Agreement between Hennepin County Park Reserve District and the City of Eden Prairie regarding transfer of City reponsibilities for regional parks to the Park Reserve District. The Parks, Recreation and Natural Resources Commission considered this item at their Janaury Sth meeting. Prior to that meeting letters were sent out to all property owners that were within the proposed park boundaries. That included four new owners within the park bourndaries as proposed by the District at Bryant Lake Park. City staff and staff from the Park Reserve District briefly reviewed the major components of the draft Agreement and answered questions from the Parks, Recreation and Natural Resources Commission and from property owners. A copy of the unapproved minutes from that meeting is attached. The Commission voted to approve the Agreement between IICPRD and the City of Eden Prairie as written with the expception that the Agreement be written so that the County does not have the power of condemnation for the proposed expansion in Bryant Lake Park, but would have the right to negotiate the purchase of the property for park purposes. That motion passed 4-1. City•staff has again notified all property owners within the proposed park boundaries that this item is up for discussion at the Janaury 20, 1981 Council meeting. Atticlied is a copy of a Janaury 16, 19S0 memo with the original staff . recommendations and rationn]e for transferring these parks to Hennepin county Park Reserve District. In Pebraury of 19SO, the City Council approved staff to negotiate an Agreement with the Par]: Reserve District on transferring; those parks to the Park Reserve District. Some of the major issues of this Agreement are as follows: 1. Expansion of the boundaries of Bryant Lake Park. 2. Hater and sewer assessments in both parks. 3. Reimbursement for construction of the bikeway 'in Anderson Lakes • Park. 4. Agreement to previous commitments discussed during the Joint Master Phan process inelnding continued operation of the Tree Trust Nursery through 19SS, cmmiitmcnt to i iterpreljve 11 )I uaiaing in An.ler::on Lakes Park, cont innrd use of the IIiraoricn1/Cultural Center through 19g,:' :Hid continued operat.iun'ot Bryant Lal.e Park, 1/c, • _a_ ( except during periods of major construction. City staff have reviewed this Agreement and recommend approval of the . Agreement to transferring responsibilities of implementing agency responsibility from Eden Prairie to the Hennepin County Park Reserve District for Anderson Lakes Park and Bryant Lake Park. BL:md • JIM • • Minutes — Parke, Recreation and unapproved January 5, 1981 Natural Resources Commission —2— Anderson asked how the State decides on who receives funding for projects • such as this. Lambert said there are many oriteria including, number of people served, other trail connections, eto. MOTION: Vanl.ieter moved to recommend that Staff pursue grant application for a bike trail to serve the residents of southwest Eden Prairie, and if grant money is available to see how this trail could be fit into the future trail development time schedule. Friederichs seconded the motion it carried unanimously. V. R?':COMENDATI0NS AND REPORTS A. Reports of Commissioners None B. Reports of Staff 1. Development Proposal —Basswood Terrace Larry Peterson was present representing the Preserve. He located the project South of Preserve Park, and north of Basswood Road. The developer is requesting to rezone 5 acres to R1-13.5 and plat for 12 single family lots; and rezone 2.5 acres to Ri•1 6.5 and plat for 14 duplexes (7 buildings). Peterson reviewed the path system. ti Lambert recommends aporoval with one addition--the path connection shown between the lots not be included as it is not necessary as a �. connection to the park. VOTION: Breitenstein moved to approve the Basswood Terrace proposal per Staff recommendation. Friederichs seconded the motion and it carried unanimously. 2. Council Deport of December 2 and December 16, 1980 December 2: e) Approved Park Use Ordinance. First reading will not be until the first meeting in February. b) Approved removing the play apparatus in Sherwood Townhouse development. • c) Approved plan for scoreboard at Community Center. December 16: Nothing applicable to this Coiwaicsion. VI. 01 N NU31i.F S • A. lierl min Coi :1.; 1'ar' 1N rve Nitltrice/Cit,: of 17,de1 Prairie Arree:nent Lnabrrt rei'arrcd to the propoPcsl written Agreement between the Hennepin County Park Re erve Uirtriot (IiCPhl)) and the City stating that thin (10 • Minutes -Parke, Recreation & unapproved January 5, 1981 Natural Resources Commission 3- • document contains the terms agreed to by both parties regarding the transfer of City interests in property within the boundaries of Anderson Lakes Park ' and Bryant Lake Park. Many changes and additions have been made to this Agreement over the past several months and at this time the public and the • Commission are asked to comment on the language inthe Agreement. Lambert introduced Marilyn Egerdal and John Sunde from the HCPRD and asked that the public address themselves to the terms of the Agreement only, as the decision to turn the parks over to the County has already been made and is not in question at this time. Sunde presented the expanded boundaries of Bryant Lake Park. The expansion includes acquisition of the triangular exception along Rowland Road (east side of park) which would provide better access and entry control to the park; and 1,000 additional feet of shoreline protection (north side of park). Property owner Gerald Rodberg, 6580 Rowland Road, stated that he could see the justification for the expanded boundaries, but asked if there were any alternatives to bypass his property. Rodberg asked if they do have to relocate, can they get a waiver from the City to allow them to build on less than 5 acres where there is no sewer and water. Lambert said the City would not guarantee a waiver and asked Ms. Egerdal to convent on Mr. Rodberg's other concerns. Ms. Egerdal explained that as of this date, the HCPRD is only willing to negotiate the park as the expanded boundaries are outlined. At this point she explained the HCPRD's procedure for purchasing or moving the homes in question and the source of funds available for this. She estimates, in the case of the Rodberg property, development and funding would take place within 1-3 years, but as their property is considered an inholding, funds are available at any time. Warren Gerccke, 6622 Golden Ridge Drive, asked that if the minimum size for a regional park in Hennepin County is 200 acres, thy weren't the Rodberg's notified earlier than January 3, 1931, that the Boundaries of Bryant Lake Park would have to be expanded? • Lambert remarked that the 200 acre park size is a guideline and although Eden Prairie proposed future expansion to the north, it was not as ouch ao the County is now Dropos.ing. It took the County time to review the proposal and the final decision was that the park would be unacceptable if expansion was not made. lie further remarked that the City has not notified reeidcuts richt along, as the aocument has changed so any tines it would not have been fair to notify people until staff mei:ber:1 from both governmental agencies had agreed on the language in the docwn:nt. A Ili;::ubeth }Hanley, 6403 Rowland Road, ached what the time element in on her property as it is considered, in the proposed Agreement, a secondary 11 I Minutes —Parke, Recreation& unapproved January 5, 1981 Natural Resources Commission -4— acquisition. Ms. Egerdal estimated they expect funding in 3-35 years, but this property is also considered an inholding and she can deal with the • HCPRD at any time. Evelyn Uherka, 6517 Rowland Road, expressed disappointment at having to give up part of their property and feels the County is asking for the best part of their total acreage. John Reedy, 7262 Cordon Drive, Eden Prairie, and not directly affected by the parks in question, asked why the use of these park properties has been aoceptable as City parks and now by making them regional parks people are . having to give up their property. John Sunde explained that IiCPRD is in conclusion with the Metro Council in • its desire to reduce the number of implementing agencies having purchased park property with Retro Park funds. He said with the County owning and operating a park rather than a municipality, the expense could be spread out to more people. Eden Prairie residents are not getting taxed twice for i t these parks which would change when the County takes over. • Lambert pointed out that he reconnended turning the parks over to.the • County and that decision was made and approved by the Council. The County now wants the City to be totally aware of all the implications involved in their taking over the parks so there will be no surprises once development occurs. Lambert further suggested that the City Council is the body who finally approves or disapproves the proposed Agreement and if anyone disputes i the property boundaries perhaps they should work through an attorney. I Reedy suggested perhaps the Parks Commission oould suggest to the Council that the County be offered the right of first refusal on the properties involved in the boundary expansion for future development. He said the City agreed to turn over the present parks to the City but not all the extra land they want to include. Resident Cail Farber, Rowland Road, made the point that the position of the i access road .:na shoreline protection are the issues in the boundary expansion, and could those two items conceivably be deferred if the property owners made a written agreement to concede to them without selling their property? Sunde raid that is nothing more than a possibility. k' fir. Uherka expressed feelings that the present road into the park has been sufficient for amny years and why couldn't it remain so. MOTTP'.d: Van:'.eter moved to approve the Agreement between HCPRD and the City1. of Hden Prairie an written. Nriederichs seconded the motion. At'Nf l. '..;T: Brcitra:'t.ein moved to amend the motion to change the language e;' real to be written no the County does not have the power of coaunnuatina over the pro)o:-rd cxp'tnstom in Bryant Lake park, but does have the ri,.ht to negotiate the purchase of the property for park purpo:,em. • Minutes -Parke, Reoreation & unapproved January 5, 1981 Natural Resources Commission -5- Friederiche seconded the amendment and it was approved. . • DISCUSSION: Lambert wanted the Commission to understand that the proposed amendment is unacceptable to the HCPRD by their present position on aooepting this park. Anderson asked if memorial donations for Anderson Lakes Park were included in the Agreement. Anderson noted one in the name of Hazel Jordan for the library, and also a Middleton Family donation. Lambert said this was a good • point and he will check on this. VOTE: Anderson then called for the vote on the motion. The motion passed 4 in favor, Anderson apposed. A 5 minutes recess was called. B. Purgatory Creek/MC Floodplain Plan -Don Brauer Don Brauer introduced Fred Hoisington from Brauer & Associates Ltd., Inc., to review the project located in the i:ajor Center Area on 260 acres. Hoisington said that presently the site consists of marsh vegetation (Reed Canary grass monotype) with a low wildlife habitat value. He said that if the site is left unmanaged, this floodplain would eventually return to a forest state. The developer is working with the 824' 100 year floodplain elevation and all land within this project below that elevation will be donated and land above the 824' elevation will be acquired through density transfer. There must be a 628' flood storage for the floodplain area. Hoisington said that a project such as this must be affordable and acceptable to the City and landowners. The Development Plan objectives include the following: 1) an 18 hole golf course 2) en athletic facility to include 4 softball fields, 1 football field, 1 soccer field, 4 tennis courts, a small storage structure and parking facilities for 120-130 cars. 3) a wildlife sanageient/flood control area 4) trail systems. Total cost for the project is estimated at $2,800,000.00 ($2,300,000.00 being golf course), Don 1h uer added that he hau met all property owners except one and they are in favor of the ore jec:t. Breuer further pointed out that the lcnilio.rnero and City ehou]d he a;lii to accept roue of the rec:poneibalitien of a project lil:c this. They rust af:ce to the 824' floodplain elevation; the cstr.blirh:a:nt of a r:pe•cial assseeacnt district; and specific adoption of flood storal;e nun contour level. 1191 • MEMORANDUM C TO: Mayor and City Council Parks, Recreation and Natural Resources Commission ThRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE:• January 16, 1980 SUBJECT: Letter from Elliot Perovich Regarding Anderson Lakes Park Attached to this memo is a letter from Elliot Pcrovich dated January 11, 1980 • • regarding the resolution of the question of jointly planning and operating the Anderson Lakes Regional Park Reserve. I believe this letter accurately describes the alternatives discussed at the last meeting with members of the Metropolitan Parks and Open Space Commission and representatives from Bloomington, Hennepin County Park Reserve District and the City of Eden Prairie. Staff is in agreement with the proposal that Eden Prairie cease to be an implementing agency for regional parks in the metropolitan area. This would mean the City would have to turn over operation of both Anderson Lakes Park and Bryant Lake Park to Ilennepin County Park Reserve District. Staff recommends this for several reasons: 1. Hennepin County Park Reserve District will operate these parks offerning the same services as proposed by the City of Eden Prairie with less cost to the local tax payer. 2, With commitments created by the recent passing of the 3.5 million dollar bond referendum, the City of Eden Prairie staff feels the City has a higher priority co develop the neighborhood and community parks serving Eden Prairie residents before developing the regional parks. Without a substantial increase in staff members, it would be impossible to commit to the proper development of both the regional park sites and our local sites. 3, The City of Eden Prairie will soon he paying for maintenance of more than 10 additional local park sites. With this additional load the maintenance of two regional parks would become excessive for a City of our population. • • • 4. In 1979, the City spent approximately $65,000 in the operation and maintenance of Bryant lake Park and Anderson Lakes Park. The majority a of this cost being budgeted to removal of diseased trees elm trees. At this point, Anderson lakes Park is undeveloped and Bryant Lake Park in developed to operate at about 20% of its total capacity. When these two parks are developed operating budgets for each park will exceed $100,000 per year. • • • .2. Staff requests the Commission and the Council to review the proposal outlined in by Mr. Perovich's letter. If the Commission and Council ,are in favor of this type of action, it would be appropriate to request the Metropolitan Council Lo draft an agreement explaining the terms of reimbursement and commitments for development of those two park sites. Also, an agreement should relate to each of the contracts the City now has from the Metropolitan Council regarding acquisition of Anderson Lakes Park and Bryant Lake Park and develop- ment'of Bryant Lake Park and how these contracts are to be terminated. BL:md • • • • • • • 115 )GREEME.. . BETWEEN THE CITY OF EDEN VRAIRIE AND THE HENNEPIN COUNTY PARK RESERVE DISTRICT • TO TRANSFER IMPLEMENTING AGENCY AUTHORITY • FOR ANDE RSON LAKES PARK AND BRYANT LAKE PARK FROM THE CITY OF EDEN PRAIRIE TO THE • HENNEPIN COUNTY PARK RESERVE DISTRICT • CONTENTS Page ARTICLE 1 GENERAL MATTERS • 1.1 Parties 1 1.2 Background 1 • 1.3 Authority 3 1.4 Purpose 3 1.5 Definitions 3 • • 1.6 Effective Date 4 1.7 Contingency 4 • . ARTICLE 2 GENERAL PROVISIONS RELATING TO THE ENTIRE PARK PROPERTY 2.1 Transfer of Property by City to District 5 2.2 Approvals to be Obtained • by the City 8 2.3 District Obligations 8 2.4 City Obligations 9 .2.5 Acquisition Within Park Boundaries ' 11 2.6 Assumption of Existing Leases and Tenancies 11 2.7 Special Assessments for Sewer and Water. Service 11 2.8 Future Special Assessments for Street Improvements 18 2.9 Requests for Right-of-Way 18 2.10 Storm Sewer Easement 18 ARTICLE 3 PROVISTONS RELATING TO ANDERSON IANES PARK 3.1 Master Plan i9 3.2 Construction of Bikeway 19 3.3 Tree Trust: Nursery 19 3.4 Outdoor I:oc rc at:i.onal Programming from ]Axel:lock I:ntcrprctive Arco 19 3.5 Completion of. Pending Acetjc.i s.i.t•..ions 19 3.6 Ac1,ti tional Property Acquisition 20 3,7 • C.it.t Rc s}uur.c.ih.il.ity for • Pending Lit.icl;ttiun 20 3.8 Iii:;t.ou.ic;il/Ciclt.urnl Center 20 ARTICLE 4 PROVISIONS RELATING TO BRYANT LAKE PARK 4.7. Master Plan •20 4.2 Park Boundaries 21 4.3 Swimming Beach and Picnic 21 Area Operation 4.4 Transfer of Obligations Under Contract with Joint Independent 21 School District No. 287 ARTICLE 5 GENERAL PROVISIONS 5.1 'Notice 21 .. 5.2 Survival of Covenants . . . 22 5.3 Headings - 22 5.4 Binding Effect 22 CONSENT TO AND APPROVAL OF AGREEMENT 24 BY METROPOLITAN COUNCIL 1 i • r 1 , • (ii.) J • • • • ARTICLE 1 GENERAL MATTERS 1.1 Parties. The parties to this Agreement are the City of Eden Prairie, a municipal corporation and political sub- division of the State of Minnesota, and the Hennepin County Park Reserve District, a public corporation and political subdivision • of the State of Minnesota. 1.2 Background. • a. Establishment of Bryant Lake and Anderson Lakes Parks. The City of Eden Prairie designated a park at •Anderson Lakes in 1968 and a park at Bryant Lake in 1968 • • for the purpose of providing park and recreation opportuni- ties to the citizens of Eden Prairie. The City, subsequently, invested City funds and solicited and received federal, state, and county grant assistance to acquire substantial holdings at both areas. ' b. Inclusion in Regional Recreation Open Space System. In 1969, the Metropolitan Council identified Anderson Lakes Park Reserve, including the Anderson Lakes Park area as one of the three highest priority regional recreation open space sites. In 1974, when the Metropolitan Parks Act was passed by the Minnesota Legislature, Eden Prairie received funds • from the Metropolitan Council under. the Immediate Action Grant Program to continue acquisition efforts at Anderson • Lakes. Also, in the adoption of the 1974 Regional Recreation Open Space Policy Plus, the Metropolitan Council designated • • • • • Bryant'Lake as a regional park site. Since 1974, Eden Prairie has received regional park funds from the Metropoli- tan Council to continue acquisition and begin. 'park develop- went at Bryant Lake. • c. Investment made by the City of Eden Prairie. The total amount presently invested by the City at Anderson Lakes • and Bryant Lake Parks is estimated to be Three Hundred Twelve Thousand Four Hundred Fifty-eight Dollars and 74/100 ($312,458.74) . Of this amount, the City is awaiting payment of the estimated amount of One Hundred Twenty-three Thousand Three Hundred Ninety-two Dollars and 09/100 ($123,392.09) from the Heritage Conservation and Recreation Service under a Land and Water Conservation Fund grant. d. Recognition of Regional. Status. Both the District and the City recognize the regional significance of Anderson 1 Lakes and Bryant Lake Parks and concur with their' inclusion in the Regional Recreation Open Space System Plan. e. Intent to Transer Implementing Agency Responsibili- tics from the City to the District. ' Both parties recognize the District to be the appropriate implementing agency for Anderson Lakes and Bryant Lake Parks, as attested to by a resolution of. the City Council of Eden Prairie, adopted Janu- ary 22, 1980, authorizing that the City cease to be an imple- menting agency at Anderson Lakes and fryant Lake Parks, and by a resolution of the Board of Commissioners.of the Hennepin • -2- 09 County Park Reserve District, approved April 10, 1980, autho • - rizing acceptance by the District of the role of implement- ing agency for Anderson Lakes and Bryant Lake Parks. 1.3 Authority. The parties enter into this Agreement by authority of Minn. Stat. SS398.01-398.26, and.Minn. Stat. §§412.211. • and 412.221. 1.4 Purpose. The City and the District enter into this Agreement to provide for the orderly transfer by the City to the District of the City's property, authority and obligations as an implementing agency at Anderson Lakes and Bryant Lake Parks within the City of Eden Prairie. • 1.5 Definitions. As used in this Agreement, the following terms have the meanings stated: • -a. "Agreement" or "this Agreement" means this Agree • - • ment between the Hennepin County Park Reserve District and the City of Eden Prairie. • b. "Anderson Lakes Park" means that real property • situated in Hennepin County, Minnesota, legally described in Exhibit "A-1" attached hereto and made a part hereof, including all the hereditaments and appurtenances thereunto • belonging or in anywise aPpurtaining and also including .the buildings, fixtures, equipment and personal property, described in Exhibit "A-2." Anderson Lakes Park is deline- ated on the map attached to Exhibit "A-]." c. "Bryant Lake Park" means that real.property situ- e aced in Hennepin County, Minnesota, legally described in -3- . • Exhibit "B-1" attached-hereto"and made'a part hereof, Triclud- urtenances thercunto be- • ing all the hereditaments and app longing or in anywise appurtaining and also including the buildings—firtures, equipment and personal property located 'tliereori w';f£c?z are described in Exhibit "8-2.' - BrYarit Lake- - Park is delineated on the map attached to Exhibit "B-1." • --a -"City" means the City of Eden Prairie, a munici- _.. pal corporation and political subdivision of the State o Minnesota. ' e. • "District" means the Hennepin County Park Reserve' District, a public corporation and political subdivision of the State of Minnesota. • f. "Effective Date" means the effective date estab- lished by paragraph 1.6 hereof. i g, "Entire Park Property" or "the Entire Park: Property" i means all of the real property, including buildings, fixtures, equipment and personal property comprising Anderson Lakes Park: and Bryant Lake Park as shown on Exhibits "A-1&2" and "B-l&2." • h, "Metropolitan Council" means the Metropolitan Council of the State of Minnesota.. 1 i 1.6 Effective Date. The effective date of this Agreement is March 1, 1981. i 1.7 Contingency. This Agreement is contingent upon consent to and approval by the Metropolitan Council of thin Agreement, as cvidcmccd by its Connent on page 21 hereof, and upon reimbursement 1 -4- ICI . , by the Metropolitan Council to the City, on or before March 1, 1981, of all local funds invested by the City in the Entire Park Property, including all taxes, special assessments due thereon and all costs incurred by the City in performing its obligations under this Agreement. The local funds invested are • presently estimated to be Three Hundred Twelve Thousand Four Hundred Fifty-eight and 74/100 ($312,458.74) which shall be verified by audit of the Effective Date of this Agreement. As soon as the City receives payment from the Heritage Conservation and Recreation • Service under a Land and Water Conservation Fund grant for projects at Anderson Lakes Park or Bryant Lake Park, the City shall immediately reimburse the Council the total amount of funds received, presently estimated to be One Hundred Twenty-three , Thousand, Three Hundred Ninety-two Dollars and 09/100 ($123,392.09). ARTICLE 2 GENERAL PROVISIONS RELATING TO THE ENTIRE PARK PROPERTY. 2.1 Transfer of Property by City to District. The City shall transfer its title to the Entire Park Property to the District for regional recreational open space purposes as of the Effective Date of the Agreement as more fully provided in this paragraph 2.1 a. Title to Entire Park Property. The City has advised the District that it has only one abstract of title in its possession and that it does not }}. have title opinions as to all individual parcels comprising the Entire Park qtq Property. The City has also advised the District that a number of the individual parcels have been acquired by the City by quit claim deed or tax deed and that in some cases the City has less than full fee title. The parties recognize that there may exist claims of title adverse to the City's title and that such claims, if they exist, could be asserted against the District as successor in interest to the City. The nature and extend of any such claims, if any, is not known, but the City has disclosed to -5- ' ,/l . • / `the'`D3strit any-assertioris' of claims adverse to the City's . ;ucatitle'that'are known"to the City. The parties have agreed "'mihat'title` to'be conveyed under this Agreement shall be • such title-as-the City hai and that the District shall acquire suo}i title as the City has. • b. Title Obligations and Reimbursement to the District • asTmplementing Agency. Curing title defects or resolving adverse claims, if any, would normally be the responsibility of the City. The parties agree that the transfer of imple- menting agency responsibilities by the City to the District • under this Agreement shall also transfer to the District the duty to cure defects, if any exist. The District enters into this Agreement contingent upon agreement by the Metro- . politan Council, evidenced by its Consent on page 21 hereof, that any costs incurred by the District which are necessary to cure title defects, resolve adverse claims or otherwise acquire a complete title to any parcel within the Entire Park.Proper.ty, shall be reimbursed to the District by the Metropolitan Council. • c. Delivery of Title Data. Within thirty (30) days after execution of this Agreement, the City shall furnish the District with the following: (1) all evidence of its ownership of the Entire Park Property, including -copies of deeds and title opinions prepared by its counsel, (2) a listing of any and all limitations and restriction;. upon -G- ��� • • •,) the title of the City to the Entire Park Property known to the City, and (3) a listing of all existing occupancies•and '. other uses of any part of the Entire Park Property for•other than park and recreational space purposes. d. Taxes and Special Assessments. All real estate • taxes, if any, due and payable in 1981 and prior years shall be paid by the City. The unpaid principal balance of all special assessments, if any, as of the Effective Date of this Agreement shall be paid by the City. • • I e. Delivery of Deed. The City shall transfer .to • 'the District its title to the Entire Park Property, legally described on Exhibits "A-1" and "B-1," by quit claim deed excepting only the following parcels: 1). six (6) parcels within Anderson Lakes Park not owned by the City and numbered "1" through "6" inclusive on the map attached to Exhibit "A-1" and legally described on Exhibit "C" attached hereto; and 2) five (5) parcels within the Bryant Lake Park not owned by the City and numbered "1" through "5" on the map attached to Exhibit "B-1" and legally described on Exhibit "D" attached hereto. f. Delivery of Bill of Sale. The City shall transfer • to the District its title to all equipment, fixtures and personal property in the Entire Park Property by Bill of • Sale. • • • . . • • g. Possession. The City shall deliver possession :••••: t:.7. 7: ",'"' 7 :.•_•• • 7.-•••••:•71 • • of the Entire Park Property, with the exceptions described .• 7. L• • in paragraph 2.1. e above, to the District .not later than • the Effective Date of this Agreement. 2..2 Approvals to be Obtained by the City. The City shall, ... • . . prior to the Effective Date of thii Agieeme-nt, obtain any approv- als such as those required under LAI1CON grants, necessary to transfer the Entire Park Property to the District under Para- graph 2.1. . . _ . 2.3 District Obligations. The District shall accept the . . Entire Park Property and operate and maintain the Entire Park Property in accordance with District policies, ordinances and procedures. 6. Law Enforcement. District ordinances shall apply within the Entire Park Property and District park rangers shall have authority to enforce District ordinances within • the Entire Park Property, provided that nothing herein shall prevent enforcement of any ordinance or regulation of the City within the Entire Park Property which is not inconsis- tent with ordinances of the District. The City agrees to . cooperate and assist the District in enforcement of District ordinances within the Entire Park Property. b. Shade Tree Di seasc? Control. The District will apply its shade Tree Disease Control Program within the Entire Park Property. • . -8- /IS • • - ' • • • _ . .c. t15-EiieratiOn. The District will cooperate with the City in planning and execution of its obligations under this Agreement to effect the transfer of the Entire Park Property to the District. 4 'City-Obli"ija-tfahg: a. Transfer of Records. Upon execution of this • Agreement, the City shall transfer to the District all • • records, data, mapping, plans and other documents relevant to its ownership interest and its obligations at Bryant Lake and AriderSbil Lakes Parks. • . ,b. Cooperation. The City will cooperate with the District in planning and execution of its obligations under this Agreement to effect the transfer of the Entire Park Property to the District, and shall cooperate with the District to give due• consideration to the issuance of such permits and approvals as may be required to implement the master plans to be developed for the Entire Park Prop- erty. c. Management. After execution of this Agreement, but prior to the Effective Date, the.City shall operate and maintain the Entire Park Property, continue its diseased tree removal program, and shall pay for all utili- ties, maintain and keep in good repair all buildings, fix- tures, 'equipment and personal property as listed on Exhibits "A-2" and "B-2." • d. Insurance. . 1. Public Liability Insurance. Until the • Effective Date of this Agreement, the City shall maintain comprehensive public liability insurance, . including personal injury and property damage, with respect to the Entire Park Property, with combined single minimum limit of coverage of not less than Three Hundred Thousand Dollars ($300,000.00) for death, personal injury and/or property damage from any one (1) accident or occur- rence naming the District as an additional insured. 2. Fire and Extended Coverage. •The City shall keep all buildings, fixtures, equipment and personal • property on the Entire Park Property insured against loss or damage by fire, lightning and other risks from time to time included under "extended coverage" policies in the amounts presently carried by the City. If any buildings situated upon the Entire Park Property are • damaged or destroyed by any cause whatsoever on or • before the Effective Date under this Agreement, the 1 • proceeds of all insurance covering buildings and fix- tures listed on Exhibits "A-2" and "B-2" to be conveyed. by this Agreement payable by reason of such damage or destruction shall be paid to the District, but such damage or dest.rc-tion shall not affect the obligations of the District: under this Agreement. • • rr)-10- i(J . . • l ' e. Notice of Claims. Prior to the Effective Date, the City shall provide the District with copies of all claims, actions or notices of any kind received ' by the City with respect to the City's interest in the Entire Park Property. 2.5 Acquisition Within Park Boundaries. The District re- quires as a condition of entering into this Agreement and the City hereby grants consent to the District to acquire by nego- • f • tiation and eminent domain proceedings the properties not owned by the City within the approved boundaries of both parks as shown on Exhibits "A-1" and "B-1" attached hereto, except 3 Parcel No. 5 within the boundaries of Anderson Lakes Park 9 provided, however, that the District shall not commence emin- 1 I ent domain proceedings under Minnesota Statutes Chapter 117 I unless reasonable and good faith negotiations to purchase the property have been made. 2.6 Assumption of Existing Leases and Tenancies. The City hereby assigns, as of the Effective Date. hereof, its interest in all leases and tenancies affecting any portion I of the Entire Park Property to the District. The District I hereby assumes and agrees to perform all obligations of the ' i City as lessor under such leases as of the Effective Date S hereof. 1 2.7 Special. Assessments for Sewer and Water Service. • I Assessments by the City of the Entire Park Property or any portion thereof for sewer and water improvements shall be made in accordance with the principles set forth below. -11- re ' 1 s. a. Sanitary Sewer 'Service. . 1. Existing Sanitary'Sewer Trunk and IYiterceptor. Sanitary sewed trunk :is.tenstructed:a:2ung:•findersori=c :Lakes :Parkway oft-the sautimesterly boundary of• nder�- • :-sop Lakes Park, and -ait interceptor'Is:canstYircted .across the northerly portion of Bryant Lake Park. _2.i- Sanitarx Sewer: Lateral.. The District does _ - not..now anticipate-.a, necd.to_request_-the.City to•- ' extend sanitary sewer. lateral•at:.either.And rson Lakes.Park or. Bryant Lake_Park-. Therefore-,:this•=` { Agreement does not establish an agreement- ,for payment _,.of.-the cost of.any future•.ex:tension;:which subject is intentionally left to future negotiation between the parties. 3. _ . Sanitary Sewer:Trunk Assessment-Agreement. ] Sanitary sewer trunk charges shall be based upon the projected developed area of. either park which requires sewer services. The assessment_shall be based upon maximum design capacity of the developed area of the '.park to be served (number of persons) and an assumed forty (40) persons per acre. The number of acres to be assessed for sanitary sewer trunk shall be computed as follows: The maximum design capacity of the developed area (number of persons) shall be divided by forty (40) . The resulting figure- shall be the number of acres which shall be assessed. The City's 1990 standard rate for sower trunk assessments is $1,320.00 per -12•- 179 acre. Charges to the District shall be based on the 1980 rate. At the option of the District, payments may be made in equal annual installments over 10 years at 6 percent (6%) interest. Both the City and the District understand and agree that the sums being paid to the City for sewer (water) trunk assessments shall represent the total amount due to the City for sewer (water) trunk assessments within those areas designated. (a) Anderson Lakes Park. Only the southerly portion of Anderson Lakes • Park has reasonable access to sewer trunk lines. Applying the foregoing formula to the projected development for this area, the District shall pay to the City as and for sewer trunk assessment for Anderson Lakes Park the • sum of $4,620.00. (b) Bryant Lake Park. Only the northerly portion of Bryant Lake Park has reasonable access to sewer trunk lines at this time. Applying this ;. foregoing formula to the projected development for this area, the District shall pay to the City as and for sewer trunk assessment for Bryant Lake Park the sum of $5,280.00. • At the time of future improvements to the southerly portion of the park, District facilities in this area may be connected to the City's sewer system. At this time the District shall pay to the City a sewer trunk assessment charge based upon the then projected development of this area of the park, and the City's 1980 standard rate for sewer trunk assessments of $1,320.00 per acre. (c) Bryant Lake Park Expansion. Upon future expansion of Bryant Lake Park by acquisition of parcels 1 through 5, as shown on Exhibit Ill, the District shall pay, on account of said parcels, to the City, for trunk sewer assessments, $1,320.00 per acre pursuant to City's then applicable assessment procedures. 4. Sanditary Sewer Connection Charge. This charge shall be based on the . number of "Residential Equivalent Units," which will be determined by an -13- 79U • • estimate of the annual flow generated (one REU = 100,000 3 . : -• _2FS :f.. 2:. At c: . gals/yr.). The price per unit shall be governed by the . _ - _.... e__. _..:_....._..._ et:. 2r , .. . City's Residential Equivalent Unit assessment at the • • time hook-up is made. The District shall pay at the ._: .. : ..:_ EC _ S::., .c_':. :IL.: time of the application for connection to the City's • sewer system the prevailing per unit rate being charged by the City at that time. 5. Sewer Availability Charge (SAC). The City • • : :.will act as the collction agency for the SAC charge.. • • .The amount of the charge will be :determined:by the i' • appropriate authority and paid to the City at the time l 1 of request to connect to the City's system. 6. Sanitary Sewer Service Charges. Once_ Dis- ( trict facilities are connected .to the City's sewer system there will be a quarterly service charge which . is based. on residential use. The District will in- stall a metering device to determine the actual flow. The District will then pay to the City the quarterly . *service charge based on this actual use at the current • rate. However, if usage is calculated to be below that of a minimum charge, District will pay the mini- . • mum sanitary sewer service charge in effect for a - residential user at that time. b. Water Service. 1. water Laterals . (a) Anderson Lakes Park Lateral • Water main t.runl: and laterals arc con.nt:ructcd along the Andersen La)a•S Par):way on the southwesterly o ly' . ' • boundary of_Anderson Lakes Park. The District does not now- anticipate a need to request the City to • - extend water 'main .lateral at Anderson Lake Park ' • - ;from another direction. Therefore, this Agreement • _ -does not establish an agreement for payment of the cost of any future extension, which subject is • • _., intentionally left to future negotiation between :the parties... • • • (b) Bryant Lake Park Lateral. Water main laterals are not constructed in the vicinity of Bryant Lake Park and it is unknoWn at this time tahether the District will need to request the City to extend • water main lateral to Bryant Lake Park. Therefore, this Agreement does not establish an agreement for payment of the cost of any future extension, which • subject is intentionally left to future negotiation between thee parties. • 2. Water Main Trunk Assessment Agreement. rater main trunk: charges shall be based upon the projected developed area of either par): which requires sewer or water services. The assessment shall be based upon maxi- mum design capacity of the developed area of the par): to be served (number of persons) and an assumed forty (40) pc to be assessed per acres. The number of acres ) for water trunk shall be computed as follows: The maximum design capacity of the developed arca (number of person::) -15- 192 • •• • shall be divided by forty (40). The resulting figure shall 'be "the number. of 'acres which shall be assessed. The Cit:y's 1980 stariilard rate for water trunk assessments • is $980.00' per acre.. Chargas to the District shall be based thi the 1980 rate." )4t the option of the District, payments- may be inad"e- in equal annual installments over ten (19) year's at"b""percent (6 o) interest. Both the.City•and the District•understand•and agree that the sums being • paid to the City for sewer (water) trunk assessments shall represent the total amount due to the City for sewer (water) trunk assessments withing those areas designated. (a) )1n-delson Lakes-Park.-"Only the south- • • erly portion of Anderson Lakes Park has reasonable • access to iiater .trunk lines. Applying the fore- going formula to the projected development for • • this area, the District shall pay to the City as and for water turnk assessment for Anderson Lakes . I Park the sum of $3,430.00. • (b) Bryant LaY.e Park. Trunk water lines • . . a are not available to any portion of Bryant Lake Park at this time. Applying the foregoing formu- • la, at such future time that trunk water is •provided along Rowland Road, the District shall • pay to the City as and for trunk water assess- ment for Bryant Lake Park the sum of $12,000.00. • (c) Bryant Lake Park Expansion. Upon future • expansion of Bryant Lake Park by acqui.ition of • parcels 1 through 5 shown on Exhibit: 111, the • District shall pay, on account of said parcels, to the City, for Water trunk assessments, $900.00 per acre pursuant to the Ci;.y's then applicable ,,s sc:::mcnt: procedures. 193 3. Water Connection Charge. This charge shall be based on the number of "Residential Equivalent Units"," which will be determined by an estimate of the annual amount of water to be used (oneEEU ■ 100,000 gals/yr.). The District shall cooperate with the City in restricting water ususage for lawn and shrub watering during the City sprinkling bans. • The price per unit shall be governed by the City's Residential g Equivalent Unit assessment at the time hook-up is made. The District shall pay at the time of the application for connection to the City's water system the prevailing per unit rate being charged by the City Ei at that time. 4. Water Service Charges. Once the District's facilities are connected to the City's water system, there will be a quarterly service charge which shall be based on residential use. The District ! will install a meter on each building and a meter.for each other 1 service area. Also, all areas serviced by sanitary sewer facilities ! will be metered through the use at the current rate. However, if usage is calculated to be below that of a minimum charge, the District will pay the minimum water service charge in effect for a residential user at that time. . j -17- 2.8 Future Special Assessments for Street Improvements. City agrees, at the request of tiff-in-stria,To consent to a request by the District to have streets adjacent to the Entire Park Property designated as Park Access Roads by • .Hennepin County. Such designation shall not be to the detriment of the City in terms of City cost for construction and for maintenance of such roads. If adjacent roadways are not so classified as Park Access Roads, the City may assess District for street improvements adjacent to the Entrie Park Property on the same basis as residential streets are assessed. The District shall have the right to review and comment on street improvement . plans prior to construction. 2.9 Requests for Right-of-Way. Upon request from the City, the District shall grant an easement to the City, at no cost to the City, for street and associated utility purposes not to exceed twenty (20) feet in width adjacent to the existing roadway to permit the City to widen Rowland Road at Bryant Lake Park. The District shall also grant a thirty (30) foot wide water and sanitary sewer casement to the City, at no cost to the City, from Rowland Road 'westerly through the park following the existing east/west private access road on the north end of Bryant Lake Park. 2.10 Storm Sewer Easement. Upon request from the City, the District shall grant an easement to the City, at no cost to the City, to construct, operate, maintain and repair a storm sewer across Bryant Lake Park in the approximate location shown on Exhibit attached hereto and made a part hereof, and pursuant to the City's Comprehensive Drainage Plan. The location width of temporat.y and permanent casement, construction methods, conditions for prevention of erosion, and revegetation, and methods for control of the quality of the water entering flryant Like, shall he mutually acceptable to City and District prior to start of -18- rq5 ) • construction. It is understood that the City reserves the right to assess the District for a portion of the cost of construction of the storm sewer, pursuant to the City's then•current storm sewer assessment policy. • ARTICLE 3 PROVISIONS RELATING TO ANDERSON LAKES PARR. 3.1 Master Plan. The District shall prepare a joint master plan for the Anderson—llyland—Bush Lake Park Reserve, including • the Anderson Lakes area. The City shall have the right to review and comment on the master plan. 3.2 Construction of Bikeway. The City shall construct, pursuant to City specifications, an eight foot (8') asphalt bikeway along Anderson Lakes Parkway prior to 1981 at its own expense, to be reimbursed by the Metropolitan Council from its development funds, upon approval of the master plan. • 3.3 Tree Trust Nursery. The City, along with the cities of Richfield and Golden Valley, shall close the Tree Trust Nursery by October 1, 1985. It is understood that no new stock shall he added to the nursery, the only substantial activity being the removal of existing plant materials. Any plant stock remaining after October 1, 1985 shall become the property of the District. 3.4 Outdoor Recreational. Progra+unind from Dlr.chlock • Intcrly rtive Area. The District shall allow the City, in cooper— ation with the District, to conduct a nature interpretive pro- gram from the area commonly known as the "131acl:lock Interpre- tive Arca" west of County itoad 18. 3.! Cr‘mi)1etion of Pend.inc_Ac_oui:;i liens. The City agrees to cempl.c•te the pendincl condemnat.io:n action within the es tai.>iii he'd boundaries of the Anders on Lakes Pork, and to convey this prop- -19- ��� .. y \ � • erty to the District upon completion of the condemnation proceed- ing. - Funds for-this.acquisition .are provided:under u,current:__ Contract between.the City•and.the.I•ietropolitan Council,fqr ; • acquisition of Anderson Lakes Park. • 3.6 Additional Property Acquisition. The City shall use its best efforts to acquire, by dedication"or'donation, Parcel No. 1 delineated on the map attached to Exhibit "A-1," .and to transfer this parcel to the District. • 3.7 City Responsibility for. Pending Litigation. The City shall retain its status as a defendant in Janke v. City of Eden Prairie, Hennepin County District Court File Ho. • , and the District shall incur no obligation to defend, or any liability regarding, any claims made against the City or Robert Lambert in that litigation. 3.8 Historical/Cultural Center. The Eden Prairie Historical/Cultural Commission shall be allowed to use, with- out expense or liability to the District, the Wayne Brown. house and barn, located on County Road' 18, as its Historical/ Cultural Center through 1982. • ARTICLE 4 PROVISIONS, RELATING TO BRYANT LAKE PAR}:. 4.1 rfaster Plan. The District shall prepare a master plan for Bryant Lake-Park showing revised boundaries. The .City shall have the right to review and comment on master plan revisions. • -20- 4.2 Park Boundaries. The City hereby approves the bound- aries for Bryant Lake Park as shown on Exhibit "S-1" attached hereto. 4.3 Swimming Beach and Picnic Area Operation. The Dis- trict shall commence operation of the swimming beach and pie- nic area in 1981. The facility may be closed during major 1 redevelopment and construction activities which interfere with continued operation of the facility. 4.4 Transfer of Obligations Under Contract with Joint Independent School District No. 287. The City hereby assigns to the District, as of the Effective Date hereof, its obliga-,. tions under a lease between the City of Eden Prairie as lessor • and the Joint Independent School District No. 287 as lessee, • dated September 1, 1979. The District hereby assumes and agrees • II ( to perform all obligations of the City as lessor under the lease ii i j as of the Effective Date of this Agreement. 1 i ARTICLE 5 GENERAL PROVISIONS. 1 5.1 Notice. Any notice given under this Agreement shall { 1 be deemed given on the date the same is deposited in the United States ! ail (registered or certified), postage pre-paid, addressed j 1 as follows: • ' If to the City: City of Eden Prairie i Attn: Department of Community i Services j City ]kill 1 8950 Eden Prairie Road #' • Eden Prairie, ninnesota 55344 -21- M ' 19i .. „. . . • . . I. . . . v :. • % . 1.. . • . . i . • .... - . ' ; _- •: -. • Z.-..'.. :.::,...:.. ! If to the District: Hennepin County Park Reserve . ,. .1",.•:.:4": District P. 0. Box 296 • • - • • • ! - Maple Plain,-Minnesota 55359 . , .-.::::.Z.2 SurviVal-of COVenanfe. - Aft cdVenants, "&greeM r ents,. epre- I 1 . . • . . . _ . • . sentations and warranties contained herein shall survive transfer of the Entire Park Property'and Shal-lAie-.7enfOrdeable•by "dither 1 . . . . . . . the City or the DiStridt. --- -- . 1 . . t 5.3 Beadings—The_headings.IncorPOrated in this Agreement i arefor.convenience_in_referenceLonly and are not a part of this _. • • . . . . . Agreement and do not, -in any way, limit or add to the terms and - -:., -._:-.- : .• :: : _: :_:_: . _: ..:.,. . . provisions. hereof. . . 5,4 Binding Effect. This Agreement shall be binding Upon and inure to the benefit of the parties hereto and each of their - . . _ • '- ' -- •- - ' : representatives, successors and assigns. • . . . . - • _ . . _ __ _ CITY OF EDEN PRAIRIE • . . . • • . _ - • . • • . . . _ . • By Its Mayor • . And . • its City Manager ' . • • Date of Execution by thU City: , 199 . • • . • • • • . . _ • ity) . :-..:-. • HENNEPIN COUNTY PARK RESERVE DISTRICT • By . Its Chairman. And Its Superintendent and Secretary to its Board of Commissioners Date of Execution by the District: . , 198 a. lilboito..., ..• go• ;;;;. . «r •Ij {17I ii I?.it { { { • .- • .' • � ;i i{{ty.,i. \ R S FJ; •' • • • e • • ft.,...*_...„,ir::11.........'4:LSI:. ' •• :. • 1 11 . I' .• • .. • :.\ yam . •,: • ,T". L. /"• . \, ` L 1 Ullet I...,'1: WStNrc:ArcS t 0 0 `j• • ! ` rr '<:' ,,\-':\';'-.'-.c -•,'N1 • .:,,'1 , rri [ t1l 1 1 qtv j fp • 1 •� , — ply\i l 'a r x •.j .—..._ _..._.._.i. _ c I r;4 ',,\I 1 t t�' :i ! • E I }•1' .• ; ` ), e I 1 • 1 .` •f i • Jam.}� J 1 \%• \ • 1 Y I.. . .. •“ -.i . .J — • •II ,F t tt II NJ. �''.r .`...�I ', \!1� �\ '� \ _ : _1 I 1 ;,11 �. . A \ 0 t• i t 1. CtYnn:f.JAlrte , r', 1• ' ry L., LI { ilJuL..�.. I': Li�i.._.7 i�,1LI ,( x. nc![nTCOgnT \ i Cp' Y 1- 6. JAM 5 0 INO ..;,. 6.CIYDC I.I ITOry F' 10 ri,.Acet)i['p i taal rr(f' �V 11. { ., q 1 ' or !----L'-------'''.* '—''''''''''''' -r--- El' - • • • .. • I 1 • • 6•• 0 ti6p6. p 6 .. 1 • r t * *".•')1)11 . . . • N L AK1 P _ Rk. ! `� •.•\` 1•. � '1 �'• N.'Jni 1.� ,II•,,it ^•: ! � 71 ., - • i, �:: /r 1' ,V ' i !• • _r�C `O ` sew e r -0•--c— � . ,•� y , f( ,vv a t e r IOC 0000706• p. r 7{ . �. ooc '\ north •., , �� ,.1,1:•.,6er,t_s�,n, ' f ennrnr{ ••-3 77J 1.(+ s r i {. •11._..-, I i j ;.• 1 .1 ' • •,V; p r' • 3 I • 'i. I CI* b ., •\ r ® ' NNN .9, 1 1 /•Ig itr[fG t= i U uu , 1. ri. rim o 9 to 'l fX fj ru a 6 \� '3i..1 'Q U O U U 7 ( lL f- O n r t • • I • •..) EXHIBIT 0-2 • • % F. —.... _.— •_----.—._., . .. ', , �� 4g.. CC "3 Lij . 1 D:i. Y • i ../ ' ....j...........,.4:: 1-4-1-4,1:::: • • 'I 4I. � , � I i / _______7-- ... I1 • ; COv ! ✓ ........_i__________.-= Y '.Cl( Sllllli, , tt 17 (i l�, l'�� /.,.... • 'ir________)% 1 I , �( J (i c'i t.t(� i '' . ' ''.. ,.. -. Ni 1 4., / GON1`... j a a�tt ltlll� i' ! � l tll� \ltll t(llt,(((ltl f -ice. /' 1 (lAj((cc av‘ . I// " � � t ap cycle ` •1,d 1. 1 Cf) -0 ' 1 1 s s ` ., f 1"J.. r gg ----� ,1,. ' °) _ t i \ • A I c 1 • January 16, 1981 • Dear Council Member: We, the concerned;property owners of the Bryant Lake Area, want to express our feelings about the terminology of the pending sales agreement for Bryant Lake Park between Hennepin County and the City of Eden Prairie. First of all. none of us has received a copy of the proposal. We feel since we are an explicit part of the negotiations. we should have received copies of the agreement for our study and evaluation. From the pieces of information we do have (fact or hearsay), we are in agreement with everything except the portion dealing with the right of eminent domain. We disagree with that term because it relinquishes the power of the Eden Prairie City Council to decide on the merits of "reasonable good faith negotiations." We feel that good faith negotiations are only possible when both parties are free to bargain. At this time eminent domain unduly tips the balance in favor of Hennepin County. • Sincerely, Carr e : V( .20<//1 • MEMORANDUM TO: Mayor and City Council • THRU: John D. Frane, Acting City Manager FROM: Bob Lambert, Director of Community Services DATE: Janaury 14, 1981 • SUBEJCT: Petition From Southwest Eden Prairie Attached is a copy of a petition with 93 names from Southwest Eden Prairie requesting the Mayor and City Council to provide a bike trail adjacent to County Road 1 from County Road 4 to Crestwood Terrace. • The residents from this section of the City realize that acquisition and development of any neighborhood park facilities in this area is scheduled well.into the future. They, therefore, are requesting safe pedestrian and bicycle access for themselves and their children to existing facilities within the City; namely, Riley Lake Park, Flying Cloud Fields and Staring Lake Park. City staff feels that this is a reasonable request and would also like to note that if this portion of the bike trail system were completed, it would• also give those persons safe access to Round Lake Park and the shopping center located at intersection of 4 and 5. Furthermore, this trail length would give many Eden Prairie residents safe access to Riley Lake, one of the prime fishing lakes in the City. City staff supports this request, but feels that previous bike trail commitments • presently have a higher priority within the City and would rank the following trail sections above this request: 1. County Road 1 east of 169 extending to Homeward Hills Road and Homeward Hills Road south of County Road 1 to the existing trail. 2. Anderson Lakes Parkway from Preserve Blvd. east to Anderson Lakes Park, thus completing the trail connection from 169 to County Road 18. 3. Completion of the trails system within Round Lake Park. These three existing commitments will take the majority of the summer, unless the two man bicycle construction crew is expanded. Any additional trails would have to be contracted, which nearly diubles the cost of trail construciton (unless trails are constructed with road construction).• ao • _Z_ Preliminary cost estimates for this bicycle connection is approximately $70,000. Accurate cost estimates cannot be provided until the City has completed a preliminary survey to determine the approximate amount of fill • required, easements to be purchased, etc. The Parks, Recreation and Natural Resources Commission reviewed the petition at their January 5, 1981 meeting and took the following action: MOTION: VanMeter moved to reommend that the staff pursue grant application for a bike trail to serve the residents of southwest Eden Prairie and if grant money is available to see how this trial could fit into the future trail development time schedule. Friederichs seconded the motion . . and it carried unanimously. Staff requests authorization to apply for MnDOT Bicycle Trail Grant Funding for this proposed bicycle trail. BL:md • .. / • • . .. • . • WE, THE UNDERSIGNED RESIDENTS OF THE SOUTHWEST • SECTION OF EDEN PRAIRIE, DO HEREBY PETITION THE MAYOR AND COUNCIL OF THE CITY OF EDEN PRAIRIE TO PROVIDE SAFE ACCESS TO THE PARKS AND FACILITIES AT RILEY LAKE AND AT FLYING CLOUD AIRPORT BY THE CONSTRUCTION OF A BIKE TRAIL TO RUN WEST ALONG ' COUNTY ROAD 1 (Pioneer Trail), FROM THE INTER- ' • SECTION OF COUNTY ROAD 4 TO CRESTWOOD DRIVE. r . hi NAME ADDRESS 9 2?2 CecAt tr ire7 ref'/,e,-/ (5-) . , . .. oi,-.--A-, -NJILf,-....,„ 1,116 (1,.,e,,Fi L2_,e. (..?) 7 c-,-----iz.,...,-.-- -6...„--..),, 5.".2 e e (" 6-,,c,"7,7., /1,2 cri ----- -— - ....7 c,-c.)oss-(2.:4_4_---/el.,,,,,4/6c. (4) ,-- ._x,, ,z2___e, / u.,./ '" 4( (0 1,„/ • _4,77,,5 (' i.. -.....)e":44.--2';‘,.:-,•- ,f2;.'/::•-:9 //:e-4-:.— .,...<77/.....44,.....„.•ei/ / • 7 l'----) 7 7 C-• eo-rg,i ?e-L,---717C- c< trij ..) /7 9 ' .1, /, - ...-9 vt-o- „-...1,..42-1,2-1 9,2 2 5-- 0 .4 [7/5 5— // V ( q) I ()(:-.111•11 ( , v ,:l / i 7 i,3 r U.-,,,//„.-:r/ /(,-( /77 7, ,. 1- , ' r , /. ./ )71 75-- //K./4 -ri---' I-7 1 /,_ 1 /17 1. i..,:;...L....2.4 ./(1, ('. ) ,A-2 , ..• 6 . 7 )--,--1,-,-- ,)0'7 ,:.. • WE, THE UNDERSIGNED RESIDENTS OF THE SOUTHWEST • . SECTION OF EDEN PRAIRIE, DO HEREBY PETITION THE MAYOR AND COUNCIL OF THE CITY OF EDEN PRAIRIE TO PROVIDE SAFE ACCESS TO THE PARKS AND FACILITIES AT RILEY LAKE AND AT FLYING CLOUD AIRPORT BY THE CONSTRUCTION OF A BIKE TRAIL TO RUN WEST ALONG • COUNTY ROAD 1 (Pioneer Trail), FROM THE INTER- • SECTION OF COUNTY ROAD 4 TO CRESTWOOD DRIVE. NAME ADDRESS l�7a/ � 'e� (c) 7,,a,t, eel-....,-v-ift9ei„ 1 7e,97 i .,6.4"..,e-4 \._-4 ,/ (1-i ) /2 c, f-�c.t?ter r—;A ,7a s-t iJ e1 ,e. (c v i q309 eCiA; c;6L .( ( 5 , / 1 p ep iJ. ., �4,.'. � , � 1)3i ra4�_/0 (q) J3 ( & O vI f/ , /LiL-t 3) �.r ( yL-"- �„ 1-- Q ?J .. Z-<�,vNi) f.,,I s(fi %j',5'/ Cyr.'n� r zes� ,,,, „„,,4_,,„ ,- ,,,,,,(./,,z (43'fl 6 11„.„,t);91..ti.1ta. a) zi.,./-ii-c(,,,_ ,,-y-.--',-4 Le-',..:y_ __2(/ ? (.0•-p±___j_iLL!,,,,1 3) () . ;z :t.'� E/ ' .,�_ /2DZZ_ :�l,t�,(y.,Zed✓ ) 7 . . . , • • WE, THE UNDERSIGNED RESIDENTS OF THE SOUTHWEST SECTION OF EDEN PRAIRIE, DO HEREBY PETITION THE MAYOR AND COUNCIL OF THE CITY OF EDEN PRAIRIE TO PROVIDE SAFE ACCESS TO THE PARKS AND FACILITIES AT RILEY LAKE AND AT FLYING CLOUD AIRPORT BY THE CONSTRUCTION OF A BIKE TRAIL TO RUN WEST ALONG COUNTY ROAD 1 (Pioneer Trail), FROM THE INTER- SECTION OF COUNTY ROAD 4 TO CRESTWOOD DRIVE. .1i;,, •1,.:— / NAME ADDR SS ()) i /7/776-4g (c) aitt/,;!..,41,:.-.71.4.Cki____ / /// d.d4h..ciAnd- /dt . 4,,i1 7 c-22,e-i-e-e. /7/. ,. 4' ,/,..).1 ,i , 44/ / 2/ I ,2,---it- a/a/z . 72.d_.:,,,•<d‹.."a9 / ‘,/ , • ,. --,7 • , • /;-(,.. //,‘,,,,,,44 /7/1"/ (1-'(1.,.:.!o'.i,17,/,',;',.. LI/) ( ) /7/f/ (1.,.(i. ,,..,,,: ;71.0 LiZ 1 , ) _12/c /---(1- 1 . _____, ,i-_.7/ .,e/ eC(6.. (A.,!..:i-/1)') I) . _ (I /701 .?,;/ (:ce((I t ie...fcceltit, /7) 6 1('El.LC.LL:t- _ ....“..ift.,_._171. . a_/...;L,..z._,.....f..I..L..t..L_._.' • • • WE, THE UNDERSIGNED RESIDENTS OF THE SOUTHWEST SECTION OF EDEN PRAIRIE, DO HEREBY PETITION THE MAYOR AND COUNCIL OF THE CITY OF EDEN PRAIRIE TO PROVIDE SAFE ACCESS TO THE PARKS AND FACILITIES AT RILEY LAKE AND AT FLYING CLOUD AIRPORT BY THE • CONSTRUCTION OF A BIKE TRAIL TO RUN WEST ALONG COUNTY ROAD 1 (Pioneer Trail), FROM THE INTER- SECTION OF COUNTY ROAD 4 TO CRESTWOOD DRIVE. ° �`"��1 NAME ADD/RE/S 0'4 , /�/�. al ///9° (,6n/S,— / • 6 1/z,-st grtr 1760 ddavc,,e st• ,Of OL, I715-b CD/nRC', 5-. PA, 6) xe - , Aid, _-Ci_,L /7/'5/6 d',.: - -/-014-). () �•t',t 6;-,... �_ i 2'7`./i 1 . (b) (' % 7l%� 94/0 (101-t'0.<) ti ,:.,1 (Ile. 3e ,c,......- N i 6.1._ t n C-- 1,..j;k/A/1 s .-2 • ( "-le) ,'7-e_.„,..,-----" .77-- (:.:21,i.,(.„,.16:,( Vo-e't.A/ ' .(, . 3 _1 ,I '_v, fL.1.q.; 1AJ_. • (ti) ' I-), '-%,.-,/,),, 3 , ;Z.1 U F • • • • I W.E1 THE UNDERSIGNED RESIDENTS OF THE SOUTHWEST SECTION OF EDEN PRAIRIE, DO HEREBY PETITION THE • MAYOR AND COUNCIL OF THE CITY OF EDEN PRAIRIE TO PROVIDE SAFE ACCESS TO THE PARKS AND FACILITIES AT RILEY LAKE AND AT FLYING CLOUD AIRPORT BY THE . CONSTRUCTION OF A BIKE TRAIL TO RUN WEST ALONG COUNTY ROAD 1 (Pioneer Trail), FROM THE INTER.- • • SECTION OF COUNTY ROAD 4 TO CREST{YOOD DRIVE. NAME ADDRESS • . *)744 0,2,7 CLAM_ 1=-0,411- Pb. • • • • • • 211 • . . . . . . . , • WE, THE UNDERSIGNED RESIDENTS OF THE SOUTHWEST '• SECTION OF EDEN PRAIRIE, DO HEREBY PETITION THE MAYOR AND COUNCIL OF THE CITY OF EDEN PRAIRIE TO PROVIDE SAFE ACCESS TO THE PARKS AND FACILITIES AT RILEY LAKE AND AT FLYING CLOUD AIRPORT BY THE ' CONSTRUCTION OF A BIKE TRAIL TO RUN WEST ALONG i COUNTY ROAD 1 (Pioneer Trail), FROM THE INTER- SECTION . . . . OF COUNTY ROAD 4 TO CRESTWOOD DRIVE. NAME ADDRESS Tklivt e r_ C119( PivotwooS Tevc. 1/2) R-e-z-4 9PO 2. C Rifs-T2.., b T . . 97q5/ (r6-111.rd 7-4--:-.,,_ I ,.. .., / ..(A. 75-1,5-e A-,e.57/c,-.•,-Y) TT,.„,,,,e 7•S--;)... -i-,14a 4e2.4.: i-/-r -- z- / , Iskc[4,.) (-1f,j--, VI- P. ./ c------- --c____---:)., c_,T2 ,,,,(e7,./n, \-7(201 (7-Qc7(,,,,,,ix•( 4/r-'_ __....,4, i/ li , —d (1 jilt.,. (1', 71,.-.:„„/,27 -„, il 7 ./4 .,).-- ..1 i‘tti, ., 0 c_fsLe( K S. _,,J. v . • WE, THE UNDERSIGNED RESIDENTS OF THE SOUTHWEST SECTION OF EDEN PRAIRIE, DO HEREBY PETITION THE MAYOR AND COUNCIL OF THE CITY OF EDEN PRAIRIE TO PROVIDE SAFE ACCESS TO THE PARKS AND FACILITIES AT RILEY LAKE AND AT FLYING CLOUD AIRPORT BY THE CONSTRUCTION OF A BIKE TRAIL TO RUN WEST ALONG COUNTY ROAD 1 (Pioneer Trail), FROM THE INTER- SECTION OF COUNTY ROAD 4 TO CRESTWOOD DRIVE. NAME ADDRESS ./.7--/--C;f2/‘4-;,,,) P 1 q tb-1'1A ter / Ali %.C^/Lett . /..12- `I ka e\ (-n�43C w,..l,-s _p_ . 9 c'(f C.t,e51 i`"lenv- od_xd- r Ii, -I.,e-77------ 2 5 Clc 111 '. 9�'.,.L� .1n-Y 6,r-c-7.,.:,,,.( v.r. .. I)�,„� `tG�25crr" TC2)c>6D 1) I 1 7—t-}'. U.:L.(11'1•1,<10 h J • • • WE, THE UNDERSIGNED RESIDENTS OF THE SOUTHWEST SECTION OF EDEN PRAIRIE, DO HEREBY PETITION THE MAYOR AND COUNCIL OF THE CITY OF EDEN PRAIRIE TO PROVIDE SAFE ACCESS TO THE PARKS AND FACILITIES AT RILEY LAKE AND AT FLYING CLOUD AIRPORT BY THE CONSTRUCTION OF A BIKE TRAIL TO RUN WEST ALONG COUNTY ROAD 1 (Pioneer Trail), FROM THE INTER- SECTION OF COUNTY ROAD 4 TO CRESTWOOD DRIVE. NAM ADDRESSdkot_e4,),J � 96s'oa� ,n� , 14k5, 7o so -�-- 1 . If • . , .e' . . . .' . . •' . , . . • • , . ' WE, THE UNDERSIGNED RESIDENTS OF THE SOUTHWEST • SECTION OF EDEN PRAIRIE, DO HEREBY PETITION THE MAYOR AND COUNCIL OF THE CITY OF EDEN PRAIRIE TO PROVIDE SAFE ACCESS TO THE PARKS AND FACILITIES AT RILEY LAKE AND AT FLYING CLOUD AIRPORT BY THE CONSTRUCTION OF A BIKE TRAIL TO RUN WEST ALONG • COUNTY ROAD 1 (Pioneer Trail), FROM THE INTER- SECTION OF COUNTY ROAD 4 TO CRESTWOOD DRIVE. r , ti...,-t.„,..• NAME ADDRESS - ' 92?? Cleflag irreTy"e's-)1411. (5-) et r;07--) (1,(klr JrTz...fJ eti - ' ,1-.,;„ F, ,d [L.P 1,A 4 6A, . 0) vs..,..... ...,...-- --- -_, ---, 9,2 e‘ C. ,,-,0",,,, /46,2 crr7 0 e ,.. • , ,•-'02 6.s-c...?,-.(------,1.4.,.4/6t. ....„ (4) 2i-- t,-- ..,:. ., , „,,/ cy 7)4 fi.:_47. r , c.,, •i -4„ t.14. ./ -A - , 6.., 7. ,:-... 4'--6 (0 . / „, L.,/ ,•„,,, .,,, . ,... ..-_)e,,,,,,-;,,,....,-._, ..%).-f-/.....:.> 7:„, ..,...... ,„- ,..., f„,„,,,,,.....1 7(C ,7 411-'7 A. *i' .2 2 /, 0 - , 1 ,:z1 7/22.,1-/,2_61 1713 5-- /14-(t( __, '!Z- Ift'jl t 0-..C.:ij_pit ( /.: . . /7 i.3 r' LW't 1./ A‘ ( - ( )' - , 17 ...12/75- ,/,/‘&42-_---,_ , ( ) -_1 LIL 1 1 7 --,1 — , .., (12 . , ,,.)...1„,_._.. .... .,-..4,.!:-1.,1.1,, 2I • MEMORANDUM TO: Mayor and City Council THRU: John D. Frane, Acting City Manager !�� • FROM: Bob Lambert, Director of Community Services —' DATE: Janaury 16, 1981 SUBJECT: Approve Bids for Ice Resurfacing Machine On December 16, 1980, the City Council approved authorization to advertise for bids for an ice resurfacing machine for the Eden Prairie Community Center. Funds for acquisition of this machine are provided by Suburban National Bank and Super Valu Stores Inc. Bids were received on January 15, 1981. The City received one bid from the Frank J. Zmnboni and Co.,Inc. for at total amount of $30,794. Bid security of $1,540 accompanied this bid bond. • Staff recommends the City Council accept the bid of $30,794 for ice resurfacing machine for the Community Center. BL:md • January 20, 1981 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. R81-15 RESOLUTION RECEIVING 100% PETITION, • ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUB- LIC IMPROVEMENTS IN WESTGATE ADDITION (I.C. 51-382) 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 storm sewer and street improvements on Ontario Blvd.,Westgate Court and Bittersweet Drive in the Westgate Addition, I.C. 51-384, at an estimated cost of $77,000, have petitioned 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, with the assistance of Rieke Carroll Muller Assoc., Inc., 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 of- ficial newspaper and further a contract for construction of said improvements 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 Tohn D. Frane, Clerk 21' • • CITY OF EDEN PRAIRIE, MINNESOTA • 100% PETITION FOR LOCAL IMPROVEMENTS • • Ta THE EDEN PRAIRIE CITY COUNCIL: • i The undersigned are all the fee owners-of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements: (General Location) • . Sanitary Sewer • Ontario Blvd. & Westgate Court Watermain X .Storm:Sewer X Street Paving : (grading and graveling) Other • • Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements is $77.000.00. Street Address or other Legal Names and addresses of Petitioners Description of Property to be Served (Must be owners of record) Lots 15 and 17 through 21, _ . MINN SOTA VENTURE PARTNERSHIP Block 7, Westgate Addition, By: S n ames�E T o es Hennepin County, Minnesota • • • (For City Use) Date Received Project No. 2-I'L) Council Consideration • • .10 06 A%, • K • n 0� ',L .S•. 1%�S50 .1'. ~• .. ' r M O ESTGATE1.1 E.flRIVE1,,�1 ,.61 ,`,(ve/ 6 �)� `« its•°1 !P. f N v ''1' ' (t3) .001,31 1 1;..!('�•1)o •0 �e• _ : ,.el� 50) C C 5073134W Y 1 7 40 30o S1� 1 1 1 13 , .• ie C ( n V 4)I. en) W (v.) 9 tt,�N '.a !' " r/ 2 f1 12( . 4 . 2 .n :y:•l 4 �La/- 001° W 'M •C )..?' p a �33) y(2A) •(0) (4a ;G r •---,43 (55) v'3 5° y s313 Oo- i10of � .- r r. 10 p• L,"�I css l _ r1=o. i _ /72.97 he, ' . 4 --r;D 11015 mf: -- _ 3 ea �2 sr 3118 0.0•, , r _ ' .. - ---) 0 M . o • <,; y ''.-t 12C'311) , ,.v,/D IC , (i9) k84 .1 12 --(. ) .fr -if CDL) }' p.i / 1 {�' •, (,off •'fsg (4' - i CL(. 9 g�S! .a ! "..- .•� '4(211 ... .Sr •,(I f) 13 9 a S (mil) ��\f.e^- '13 c 0 ,,' 1 . �Ip' .,.:` PAP ' !'7 s 4S4 �±\�(:11 8i .� fS Is.of! eti 1 . a6(Zi): 6 - . `,.„IN.- , (15) t� E}•lv�l -,, (1'�sr,55_: ��t tsaa i • �: '.; t• % 27 `.‹. (I0 J 1 t—S.fi -- \'(S i C,a112 'a• 2`' i1 ,'�J.:5 CI Z)•.� •`Vs"®e\ 30 .. 'i! (-0-* IA \y \r'P `ht; ."•5 •' '' I '�!j` ( \yam 26 sse;.4 �•.y`O,, +r <' t,.. s./y \1r\ \Ok ir\�',fo: vs(1S,. (8', / an \ ; 25 •� 0.31 % ''.`' f� _`--- 4.:: m , \Gd11 �P oL.0 t '�/ 2 N. 24 \ 5'�,'S• \ '31b\ 4 �' '\1° P"...! e... ~$..� ..Q,)I0�../ 1. �g4ov( I . \Y v x� • /' (40 '.\'``., / (39) -6C 4titi I _ oo y)A22 2, 31,A 18, • \ 3 �" -5, i$«, ,� j J-4, ••.51, � 168(0d ,•. Q •5 �J. ( 3) !` !•.; ..t .v 'y"ti(10) w' �t.\ •/ •,al: 4'W ",Is . -`�., 2 S .\ �Z'• 20 . 19 / �O / • t r: �' � � :ti• (41) I 11 -• ' '' ^ 24 \ S.!f ~ '.3' 511.74W it: ;; yh �, l 4 .-, ' ". C., (ri) i• , '4 26 (") \ (I) I • ( ) ? �'` • ' (���) ,t •s \:•)4 (3233/ . 31:5 r 1 a ,li: ....t, (A0) i R , 7... fltl 0 9 / •1'2606.61 Fif+ h STa tC NItJY. ��0. 5 W . y E( t • ' • MEMO ti TO: Chris Enger, Planning Director • FROM: Carl Jullie, Public Works Director • • • DATE: December 22, 1980 i . a • SUBJECT: Vale Woods (Final Plat Meadows) . Bittersweet Drive/Ontario Blvd. Connection Upon review of our files and the Developers Agrement for Tile Meadows • • subdivision. it is clear that the City Council, with the recommendation • of the City Staff and concurrence of the developer, requireithe exten- • sion of Bittersweet Drive to Ontario Boulevard. In fact, per paragraph • • No. 2 of said Developers Agreement, the City required the developer to ` purchase a vacant lot in the Westgate subdivision in order to make the road connection possible. The developer also addressed this road • connection in his submittal documents. i We now have a 100% petition on file from the Minnesota Venture Partner- . ship requesting completion of the street system, thus allowing develop- ment of Lots 15,and 17 through 21, Block 7, Westgate Addition. We will be recommending that the City also include the Bittersweet Drive connec- tion across Lot 16 in this project. This petition will be presented • - to the Council at the January 2Dth meeting. If one reviews the street patterns in the Vale Woods and Westgate Addition, • it appears unlikely that any more than 15 trips (peak hour) will be added to the existing traffic on Ontario Boulevard by the proposed con- nection on Bittersweet Drive. This is well within a reasonable traffic volume. to be expected on a typical residential street. The benefits of this connection will be to eliminate two cul-de-sacs and thus the main- tenance problems associated therewith. Also, school bus routes and • emergency vehicle runs will be less acute and.will better serve the • neighborhoods. The elimination of cul-de-sacs for these purposes, where- • ever reasonably possible, has been a consistent policy of the City Council for the past several years. Most recently, the Council ordered the connection of Harrogate Drive in the Edengate proposal, thus eliminating two cul-de-sacs.•. Attached is a letter from Mr. J. E. Lawler concerning this matter which will also be forwarded to the City Council on January 20. i CJJ:kh • • 220 • July 17, 1980 Mr. Carl Jullie . City Engineer City of Eden Prairie . . 8950 Eden Prairie Rd. Eden Prairie, Minnesota 55344 i Dear Mr. Jullie: ._-_ • - i There has been some recent activity by Northwestern 1 . Bell Telephone Canpany at the end of Ontario Boulevard. I believe they added score underground cables. In trying to find out the reason for this, such as new • . develo] nt or housing, I have been able to determine ( ' very little except that there EL2y be some construction of six or eight single family homes in the not-too- • 1 distant future on the property just south and west of my ]une. r In addition, it is rumored that there is a plan to ex- tend Ontario Boulevard in order to provide the street for this new construction. It is also rumored that this extension would include a short tie-in street to IBittersweet Rd. My opinion on all of this is as follows: The original plat for this land is over four years old. In that period of tune, much construction has occurred and many changes to the original plans have taken place. Thus it is obvious that these plans are not hard and fast. In no way do I or the majority of my neighbors along Ontario Boulevard want to see our street extended or tied into another street (Bittersweet). 211 • • • • • • • • • • • In three years, since our neighborhood's beginnings, the children have become accustomed to the lack of through traffic along Ontario. The adults have also beanie accustomed to the serenity of Meigh}xw-only activity and the lack of through traffic. To extend Ontario would partially destroy this atmosphere. To tie it into Bittersweet, where there is a totally different have and subdivision environment, would entirely eliminate our community area safety, well being and attitude. • i+Tould you please include this letter with any plans that may be submitted to the Planning Commission or • City Council to change this undeveloped area. In addition, I would like to request that I be notified by your office of any such proposals for development .in this area. Your attention is appreciated. Very truly yours, • J. E. Lawler 7621 Ontario Boulevard Eden Prairie, Minnesota 55344 937-1516 • • • • 2.22- PETITION ''A /_f' The neighborhood of Westgate 3rd Edition do hearby go on record that we are , it- of the opinion the extension of Ontario Boulevard would be detrimental to �",.) 4tb the safety of our children and the serenity of the neighborhood. We there— r',I,‘.+ks fore strongly oppose the extension of Ontario Boulevard. At`,��. NAME n ADDRESS PHONE 2✓. Z.t�.Ci: 7 a ./`/tat.,...,,„44., L ci«„tr/' , Aifc:.atiZ ��G•G Se_,•-:«.--) 212-124et 9's'7-d'yyy 5. •( c.c ._ 77•G,e, 5„/„, O.-/ro '.cc 737•6-.'6/ 6. ,// ' .�! r— 7. aAJA_' I l ,I 8. 1;. • f. ,_ lr1.-0, t\,.,1..' CA =i-�'1/A le 10. (, /7 7 -r, 100,1 y,-y<LA-Ls 1i- _ 9'37 1/7( / v 2_5l r . �wc:,-1,l c!r - y 37-/t c& 12. 0/.(2,r2 g/74-Urn--t4 1 b '1,? .,.., e,,-.., AP,, 9 1?-i ii21/ '13. C!/ .P -„A .,/ /✓ ii , . ` f • ( / 14. ,: 4,4, /().‘*1 f/,r&-c_ "7(,'GS'..5.c.,/..:z4,i.-� %oJ✓le< ?i7- 5V 2.1 /) 15.L //L'.:'?.v. !)_/Q;,C -,�t_'-t� . 16. 14, .i e 741, 7 e/l`/ 54.Pe r-,.t 7z-it i/ie., ` -, :Al-- GF.:z �5:. > 1,7-'/3 x 7 1 C\�l,-. f . �1 t�,, , ,, 7(.t,1 `.�,„, , .,r, 9 3 2-9 3E7 2O. --.'8 /' 1 L.l 7, � -7601 �(r-jzQt( f 77 d" 1 Y 21. /J ,'S !%.-.. .,} \)'(1'1, •,,',7.5T l /,- 757,1 ;�....•,,,,f r'Al t5 .h s .. q � �5- 7— ,& 22. ;-:(7); r,"r� ••`s-kh -lc 4 ,1� ./�„n i,1 km. ���- �Js3 23.1•//.,0 ` /:. ".,.J \ 7,1-_.ni/�'`:dr,, ?V,:_.i .._), 1?,5'7 27J. 24. .117 ZvV) 7 y �,J r.✓,ti:� {:- -� l7 5 3 C ��.f,y c kc. 7'v��nc. ? 7 25. 1 'I-1 r, .�u'�-{ �j;.,, J 7 ei Cc4t.Z.,,-t_ /-c-7•, 9-57c/,!7 7 zv „ f L .f,-; it-'i,/ �::-:�,/ A : • T ,� -,_fr,,, • • / l'i.-lam.-t"l.: / . . PETITION "i' tm^L The neighborhood of Westgate 3rd Edition do hearby go on record that we are of the opinion the extension of Ontario Boulevard would be detrimental to the safety of our children and the serenity of the neighborhood. We there- fore strongly appose the extension of Ontario Boulevard. NAME ADDRESS PHONE 1. ,stems , • 4„.„, -7r.fv".o" « X-.4 . ,f. 9,, /a9 2. CA /' 71,E YA. .. RV-8oaf i� - �' rll0. l� yn , 3�- /75 4. "chakzi a.7 i,. /.yc_. 160.,2,40,..,+-c) I'.Q 993 7,2 z'779 5. 4 c1'l fil Z (hli 757 //.o.ce;e4 pi, 5'37 - .35 y 6.` l-S14 i e'u '1. / �i0 M. /4.C'.1- Q 7 457. 2 7.,/4 41 i' .�(-��H � Q 5444,011, ..0E, 93n.5-7l. B.•/ t'�. v 13'0 / ir., ->, 0. .� 937-�?V 9. 1P 1 a,.r-, 7S3/ / .,,, i62. 737-X9s/ 10. p,„p)u ro • ✓ ii.• i-,,7I/rn, W Ohoti ia ,,--kife., 7c(/ //1, , ,✓ Pt 9 7- ? S.3 , - 12.' � /' r �j - ' �. ��;,�i-f��r -757i i/u2„ �,e 37-b- e. 11. P is),,nre.n rQD 75,<f/ lit.1r,n i 937-vqfc1 i 14. .s,.,:_/,., ';' r,7 7 2 . rz';, 7 x . y37-7-7/7 1. 15. A,_.,1 f� r,,.< r�,� a c�,. 1 -!7'.R)'D .��rjn,/1 t(141To4n Dg.37 9/9 4 16. `l (it.',J9 "4! ^ v� 7 t`i(� �S(.,..h./,�tn)�6.Q & . 13 q-a �� 1 L, 17 .//r:!,_. k.l(-'-t --/1 7 S���(.) it kn-rIf�I '%-cJ--1.a4c.�.0_ 4 . 18. rt ;\-- 7h7 lc,2 `1-7R. c337-Yci .o . i 12.["'4-,: ..cal r 2 / 7-Sd 1 OpI71-"/v Owl) 9S 7 fi'3 S6 g 20. 21. 22. • 23. • 24. . . 12r I(o-60 ' PETITION "C • The neighborhood of Westgate 3rd Edition do hearby go on record that we are of the opinion the extension of Ontario Boulevard would be detrimental to the safety of our children and the serenity of the neighborhood. We there E. - fora strongly oppose the extension of Ontario Boulevard. . . NAME ADDRESS PHONE 1. A (' 1.-� ., 7E9/t ,.'A49 9.5'/I o 3.1 62_-/-T, /%c,` -Zr•7 -+`c.'u... ,K-cti..„..; `/57 a,, . 4. . 1. RivA n.. 'r3.0 a L; 1(,1-3 1 3,11).•Lu 1(1-•21.1 (iJv.)4:4)7 ,. 4,)ln. 4cc'u4'4:L. 7(v S f Su,;c;,,i- 7: ry R 3-7-2ci? 6.l41-11 -t a-en� `7(o) . .�c bleA.t. '137-JW 51 7.Ai.. C,.( I? 12« t s"t2i- S•, �t7e;c,: i:?:t: `/32-///e 8. lt-C.,,.1•J � , '25711 .-Qirt.,.,L. Z , ?37-//io 9. 4 l,`<,y, „—. t t. J$-i L L.xAjttt_ rill- (73?-. 77/ 1o. 01.44-t-1 aix.'cZia) la"93e 0.141t‘f.e,Slv 9,57-0V711 ll.4'fla ,•. 'j \;`,---`,.111+,_ 1 3 U;6 It;witi 1-t LI i I '/-S:1)c / �. 12.(�tLU Pl -i :L., 1 >,--/? 19 G IC/Lt d- 10k. r• /-d"1.)1/ 13; r, �� / "ice l A.,4,r 7)p 7:7) >=�} ( t / 141 ;11.. (1�t�r�r / )=..'Z CC (:;i�.'1'r\r''.�E ( . C{�-)-C;4 I'j--- 15. U f 16. 17. . 18. 12. 20. • 21. 22. 23. 24. 25. . 22S / • PETITION 1 r. ..�� Gti.. "O. The neighborhood of Westgate 3rd Edition do hearby go on record that we are of the opinion the extension of Ontario Boulevard would be detrimental to the safety of our children and the serenity of the neighborhood. We there- x fore strongly oppose the extension of Ontario Boulevard. NAME ADDRESS PHONE F 1. ,,. ,P.. , .5, 76. 1/ -,_t 1.,.;, ,1.A/. S17/r/a 2. �)7 2t.9 7' . !!: •-(./: 7i.1/ /FiGifr.ts l-r 7-/SSG i 3../9 �. 4. , \ +'.:_f i•;,r 4 -1.-7 1 r)nt 1,,, . Kf` P 47 k7- Iiy LG 5 6(1,-4.-1- 771• <ITT: 7c l r.17-7,,:___ ,. (-1. �.3 5 Y l. . ( ► I -1-rz 11—1 O/ 77f7 to RIvn 937,1sV1 6. tiEL,�at, ` 8. /. =-'�S tat. •, -w 1 �✓d 9-77 s i y7i (:,-T, t., , .3i. -,./ g _; 1-E.'SSZ 1 v 10.•,/,, „ „, r( ,-,f,, -11„c,�/e �/� "15/3/ 8),1`ct.v 44,et 9,3 $(Oar7 a il. ./.�. l' s.i- . ' . I;-.,.<(./�;' '7e/)'/ /1).t. .4rc,r /,J�.c7(' %-.?41-tr t'•' 7 12. 9e4Sik t& rN 7e9 dVV7 i), oiV./V 93 3 ° 13. )2Ii Le;r, 1,e- .Y..1J-4,,.:.. 75. / Cx'r a['1 r 131 u D 9 I- .2,// • 14!/ /,/ c1 / e: F 4l A '7,>7- q 7 I. 15. 0110 It•�r��1 i 111' ?, ,��, 753/ �,T:, -� (/37--/7.a3 1 • 16. ." 7.4t! c, '.i,t J . 17. c. 18. a 19. 20. • 21. 22. r 23. sl. 24. 25. • z2(P ' r I- IW C%.: • PETITION rE. The neighborhood of Westgate 3rd Edition do hearby go on record that we are of the opinion the extension of Ontario Boulevard would be detrimental to the safety of our children and the serenity of the neighborhood. We there- , fore strongly oppose the extension of Ontario Boulevard. j • I NAME • ADDRESS PHONE ,. e ..?,,,,,_„.. 6-.T„....e.!„-- 70-72 e%°---A.-1-;,;ez%-XiAv, .-?7—eP72-2__ 2. e/.v.,.,xt--.... d/, .L/� 71-3 - 4,. .ti-o J `13I "d"S/7-Z • - i)Yi 7,,,.,„i, 751-� 1'N;,1•�ic, XLao 9 3/- 3',355 3 6.1 �'�,. �i'-�.' --- --... ? i 7 c ^, '''e,•,.i ,'�'7.4 i. 8—I/ J /'!';-, . . 7y. ./. -,7 r'i!'('/7.) ,.3,./ (7.>/: l.57S- ,, I, / ' 10, `'!"i;`�t it,. /* ,%rt-,A 7WLI ( 4,4« / z 7_3>-.y.33 .I111./1/.4 ..1 , , -+ .T-"i-f,-- 12 ;1re24.;- 4ri. .r , r;: ,, 75C :4 6.1,1-l<<- rc.e :ir . ' 3/ /452' i • 1.4. . , . - /,' %• /5 '71C' /• ,,%-r . . r'r• _1.,. . `/.-. %- /_3G•_ate i L) 37_ / ' yC ., c _ 7 / 17 / �cC tz 2_3( _2 C-//6 /. , �,r cY `/ 1i%/ j i 1' Y -)y sI, t.,,, >_�<�, IC'., ri 3 7 - f ;i-76 . 19. x 't �, - 20. 7 ��.� 11:1t 7v sz C,t ,,,__.; 172..�.,_,c `i 3 7 S:r7c J i 21. =71'< .,! , � ,0,�� Z. 74�c.;z �,�,. •::.„- /fix)(�/) (73 7-ci,44l y ::: 4 24. • 25. 'i1 / 32 3� . • � _...Ni IIj ,♦.47L .1„ .I{�N[ ..... " I od ( . L12 .t-. _ l .yALLEY -.{{ { urr' Ara,t w w '1 ri» • a y VA.. to• -S..a : 1' 4. - 11 n ) !�: �., . i�`,.(11) ;0(,. . (1) ,543.Z P , •t. :0I 37,l t,p 7 SILT" �'VnIN & 'S' 1."',TT ( - ^ '"I y •~ x'Jj'"3 S°1! • Lo) ) r-{Ir- . 4 :9• W * V , •$:,,1 1 , y,i. ♦• :t•L{..:-C -E- ,N•,•• ) , "n. I I (1'�), tit): „ ao)Ir ,w y I , ..i) (r)1:(,')IE(�t).i(.°)`\r 9.7 ,�4• A f:Y,y'Mini,- ..... ,�c" it; ' ON (:a L--j'-, 2,N". ":‘',.:•., '''': - wE5TG4iE1:••n„-DRIVE +'' ,r s: ib#+ Ej- (M)•. '� ,,. owr, , a Ali tl_ H 1 :;,Si. .1.0: Il}OS ,..0: 1 ..tls)q ( -, (4q)" • PM Is,l 173$ • 7 W / S (m �. h 1. _� ^r C c s `: r 1�; t41) 0 20(0) �7,.,/, • '. ^(s,)„ u i^ A J?"(�i 1-c-„- ) r� •n, ti'0 xa y ,hl �� a •+ I U - F- . .4 l''°7 p:•bv •••��• tl�a+ .� :) { d 1 41 11,2, „J' �y tW �iy ,p ;v., ,�.e I n r• snu �`Is n ',°....4�., �,, o, -,.1 sr.• a k tl. M7-,;`. .7[ ha Dc ♦417 ri 'I'.l Il '♦41,, • � ,J� yfr ! P�� 4., �o), ,, .r{y t' .'•) I{✓,• M1 •W, �r4f,4'rg h) ; ! ,,,1F'F y�� 4) (!"V,l\ (•r�;/\.pa[�`4.�9 o�`'., y`uo_ P 7,(+) \ `vc .v t,L..,i,t(: ,� [ y",t .. 0� Y�6 /�1� � 1[}.)� oa f\,v / . ,j°� ),:1 !l u ' • .,l tar) I r ��\ ;?' ,+a)3' t yi yea 'V'l z • "'IL•-** - -_-_Ti ‘.;) i<'' \''''../ ,--14?). ...• 1.•smi 01, (' .... ,•1.' ‘&nr75..-. s ' r tf✓✓ t tt S. � ', C ' j�) - ` '4 (49) F ` y am' ss (. v ` 4 �y� t. zr ff , `�b J/•ti r0 , • ~ `j . �.�` :,* t(a•) ``,.. 'N 4 r 3 n � h) l", 7t4, (4i) % (1) �r 11 —r� -n�-�_-r... 4 1flrJr Zlrl7`.. lJ---S a.S--- /r rsasc,.,.:� WESTNesO (,) '.-.I. tJ Una 1w1,1 2 • - a • •• MEMO f( • TO: Mayor Penzel and Members of the City Council FROM: Carl Jullie, City Engineer DATE: January 15, 1981 SUBJECT: Change Order No. 1 for Valley View Rd. Phase I Project • I.C. 51-325 The attached Change Order No. 1 for the Phase I Valley View Rd. project is submitted for Council approval. The total amount of the Change Order is $64,518.91, which brings the total contract amount to $738,089.46. An itemized summary of the various changes required during the course of construction of this project is enclosed with the Change Order. It is recommended that the Council approve, said Change Order No. 1, I.C.51-325, Phase I. • CJJikh Attachment • • • • _ I 22-C) 3 • CHANGE ORDER • NO. 1 4 DATED 12-16-80 i PROJECT: Valley View Road Phase I ENGINEER'S PROJECT NO. 791013 OWNER: City of Eden Prairie CONTRACT DATE: May 6, 1980 I OWNER'S PROJECT NO. I.C. 51-325, LC. 51-325A_, I.0 51-32BB z TO: Brown & Cris, Inc. , CONTRACTOR • You are directed to make the changes noted below in the subject contract: OWNER: City of Eden Prairie BY: City Engineer DATE: i i NATURE OF THE CHANGE: 1 Additional grading, pipe installation, signing and erosion protection, along with • revisions to Hennepin County Library parking. ENCLOSURES: Itemized summary of cost for the ten items making up Change Order No. 1. i The changes result in the following adjustment of Contract Price and Time: 1 s Contract Price Prior to this Change Order: • $ 673,570.55 I Net Oncrease)(Decrease)Resulting from this Change Order $ 24,518.91 i Current Contract Price Including This Change Order $ 738,089.46 Contract Time Prior to This Order -- Calendar Days j Net(Increasc)(Decrease)Resulting from This Change Order -- Calendar Days 1 Current Contract Time Including This Change Order -- Calendar Days The Above Changes are Approved: The Above Changes are Accepted: 3 RIF.KC CARROLL MUtLFR ASS(1C1ATFS INC. BROWN & CRIS,_INC_ E ' LER c CONTRACTOR ',.e...417,___ i DATE:_ La - /-go. - --1,..-P-1 o (I2) AO . • ITEM 1: Revised Round Lake Park site grading. These revisions were brought about by changes in the site grading requested by the Park and Recreation Department. Item to be included in change order: • . Increase of Unclassified Excavation - 4,000 CY @ $1.15/CY = $4,600.00 TOTAL ITEM 1: $4,600.00 ITEM 2: Sanitary sewer service to the proposed Community Building, north side of Valley View Road. The building location was determined after the contract had been awarded. It was then necessary to provide sanitary sewer service. The following is an itemized list of materials and their costs: Description Quantity Unit Price 7Qtal Price 6" Sewer Pipe 0'-8' 50 LF $ 11.00 $ 550.00 8" Sewer Pipe 0'-8' 1289 12.00 15,468.00 8'-10' 176 13.00 2,288.00 " 1D'-12' 110 - 14.00 1,540.00 Standard MH 5 EA 900.00 4,500.00 Connect to Exist. MH 1 EA 300.00 300.00 2" Insulation 4' Wide 350 LF 5.00 1,750.00 TOTAL ITEM 2: $26,396,00 ITEM 3: Additional catch basins at Station 58+56 Valley View Road. This revision was required as a result of design changes in the extension of Valley View Road on the upcoming Phase II project. Construct CB's Eden Prairie Design 2@ 761.00/EX = $1,522.00 18" R.C. Pipe Sewer C2 CL IV 46 LF @ 22.40/LF = 1,030.40 15" R.C. Pipe Sewer C2 CL III 27 LF @ 21.80/LF = 588.60 15" R.C. P. Apron & Trash Guard 1 @ 417.00/EA = 417.00 TOTAL ITEM 3: $3,558.00 • ITEM 4: Additional erosion protection south side Valley View Road from Hames Way to railroad tracks (EXCESS MATERIAL DISPOSAL SITE). This disposal site will be the approach to the at-grade crossing of Valley View Road and the Chicago Milwaukee Railroad. A specific design to this site was required in order to use it as a base for the future roadway. The design was completed after the contract was awarded. The plan was submitted to the Watershed and they in turn added their requirements for erosion protection. These measures require that haybales and snow fence be placed along the downhill side of the fill section. These measures are to be maintained until the area is under contract with Valley View Road Phase II. At this time the materials and maintenance of the bale line will be turned over to the contractor for the Phase II project. Additional Erosion Protection 1 Lump Sum = S1,900.00 1 .31 . f ITEM 5: Pipe crossing @ Station 82+70t on Valley View Road. These pipe are for future park use. . 2-12" PVC Pipes 0'-8' 112 LF @ $16.74/LF TOTAL ITEM 5: $1,874.88 ITEM 6: Watermain crossing at Station 82+70± on valley View Road. This was required to provide future construction of water lines between and north and south halves of the Round Lake Park site. 8" Watermain 54 LF @ $14.50/LF = $783.00 Fittings 74 LB @ $1.20/LF = 88.80 TOTAL ITEM 6: $871.130 • ITEM 7: Revised Hennepin County Library Parking Lot Plan. These changes occurred when the original plan for the parking lot was submitted to the County for review. They were not satisfied with the original layout and the revisions were received after the contract was awarded. 6" San. Svc. Pipe 0'-8' 125 LF @ $11.00/LF = $ 1,375.00 Connect to Exist. San. MH 1 @ $150.00 EA = 150.00 6" Cleanout 1 @ $182.00 EA = -182.00 Aggregate Base Cl 5 145.77 TON @ $5.40/TON = 787.16 Aggregate Base Cl 5 = 80.85 for 6' Wide Walkway I1 TON @ $7.35/TON • Bit. Nat'l for Mix 2.45 TON @ $1613.00 = 411.60 Bit. Ma't'l for Mix • 90 72 6' Wide Walkway 0.54 TON @ $168/TON - - Wearing Course Mix 48.07 TON @ $14/TON = 672.98 Wearing Course Mix = 222 60 for 6' Wide Walkway 10.6 TON @ $21/TON North Star Type I - 432.00 Precast Conc. Curb 16 @ $27/EA = Curb Stone Precast • Conc. Curb 240 LF @ $4.50/LF = 1,080.00 • Sodding (incl. Topsoil) 114 SY @ $1.60/SY = 182.40 These quantities reflect only additional items or increased items already covered under the base bid, but not the total costs involved. TOTAL ADDITIONAL COSTS ITEM 7: $5,667.31 r 2 ITEM 8: Additional signs for roadways. No. 3 Stop Ahead (1) additional required. No. 6 Pavement width transition (1) additional. No. 7 Merge (1) additional. • Additional signs, posts & markers 1 Lump Sum 1 TOTAL ITEM 8: $315.00 ITEM 9: Ditch grading and culvert installation along the west side of County Road No. 4 at West 72nd Street. This work was requested to improve drainage along Co. Rd. No. 4. The lump sum price covers the installation of 275' - 15" CMP, 15" aprons, plugging existing culverts, grading and restoration. TOTAL ITEM 9: $8,665.00 ITEM 10: Ditch grading and storm sewer alteration south and east of Round Lake Park Shelter. •Ditch work south of the park shelter to correct drainage problems: $1,089.00 Installation of catch basin in parking lot just east of the tennis courts. This was built to correct problems in slopes and drainage. $ 755.00 TOTAL ITEM 10: $1,844.00 ITEM 11: Grading and paving of fire station parking lot. • Aggregate Base Cl 5 Mod. 30.45 Ton @ $5.50 /Ton = $ 167.48 Wearing Course Mixture 2341 240 Ton @ $23.00/Ton = 6,210.00 Bit. Matl. for Mix 14.58 Ton @ $168.00/Ton 2,449.44 TOTAL ITEM 11 $8,826.92 SUMMARY OF COST: • tem I: $ 4,600.00 tem 2: 26,396.00 tem 3: 3,558.00 • tem 4: 1,900.00 tem 5: 1,874.88 tem 6: 871.80 tem 7: 5,667.31 tem 8: 315.00 tem 9: 8,665.00 tem 10: 1,844.00 tem 11: 8,826.92 TOTAL COST CHANGE ORDER NO. 1: $64,518.91 • 29 • • • • • MEMO • • TOf Mayor Penzel and Members of the City Council FROM: Carl Jullie, City Engineer • DATE: January 15, 1981 SUBJECT: Right-Of-Way Acquisition Valley View Road/Dell Road Phase II • I.C. 51-325 II • The City Attorney will be preparing the draft of resolution No. R81-19 calling for the initiation of eminent domain proceedings for the acquisition of the remaining rightof-way needed for the above referenced project. The two primary property owners involved are the Jarip Corporation and the Pavelkas. We will, of course, continue our negotiation process with these owners and hopefully settlement can be reached prior to the actual taking by condemna- tion. This eminent domain process will assure.that the right-of-way will be available when construction resumes in the spring. CJJ;kh • • • • 2.3 U MEMO TO: Mayor Penzel and Members of the City Council FROM: Carl Jullie, City Engineer DATE: January 15, 1981 SUBJECT: Preliminary Engineering Agreement With NSP The attached engineering agreement with NSP, dated December 15, 1980, is submitted for Council approval. The agrement covers preliminary engineering work that NSP would complete in regard to moving a power line tower on the north side of I-494 which presently lies within the alignment of the proposed extension of Schooner Boulevard from W. 78th St. to T.H. 169. The agreement calls for a commitment of approximately $2,000 with an initial payment of $1,600 and the balance due after completion of the study. It is recommended that the City Council adopt resolution No. R81-16 approving this agreement, except specifying that the maximum payment by the City under this agreement shall not exceed $2,200. • 2S • • January.20, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. R81-16• RESOLUTION AUTHORIZING EXECUTION OF NSP PRELIMINARY ENGINEERING AGREEMENT BE IT RESOLVED by the Eden Prairie City Council as follows: 1. The Mayor and acting City Manager are hereby authorized to execute on behalf of the City of ! Eden Prairie the attached preliminary engineer- ing agreement with NSP dated December 15, 1980. 2. The maximum payment to NSP under this agreement shall not exceed $2,200. • ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL • • John D. Frane, Clerk • • • • • 23(� NORTHERN STATES POWER COMPANY 414 Nicollet Mall MINNEAPOLIS.MINNESOTA 58401 December 15, 1980 RECEIVED DEC 17 1980 Gary J Erickson, PE I .`w' Bather-Ringrose-Wolsfeld-Jarvis-Gardner, Inc. { 2829 University Avenue S.E. Minneapolis, Minnesota 55414 11 LINE 0857: PROPOSED RELOCATION FOR THE CITY OF EDEN PRAIRIE PRELIMINARY ENGINEERING AGREEMENT On 12-01-80, Northern States Power Company received a request from your office to investigate the possibility of relocating NSP's115 KV transmission line to accommodate 3 the construction of Schooner Boulevard between I-494 and T.H.169. As with any construction project, preliminary engineering (including but not limited to engineering, right of way, surveying and drafting) and other associated activities must be performed in order to arrive at a detailed cost estimate for the whole project. It is NSP's policy that before these activities begin, the party requesting the de- tailed cost estimate must agree to pay the costs of these preliminary activities; in addition, NSP requires advance payment of 80% of the rough estimate of these preliminary costs. For this project, a rough estimate of the preliminary costs is $2,000, so NSP will require a deposit of $1,600 in advance and your agreement to pay, following completion of the preliminary activities, the balance of costs actually incurred by NSP. If you wish NSP to proceed with the preliminary activities, please execute this letter as provided below and return it to the undersigned with a check in the amount of $1,600 payable to Northern States Power Company. In addition, NSP will require a resolution of the Eden Prairie City Council authorizing the execution of this agreement. Upon receipt of the above and detailed project plans and cross sections, NSP will prepare detailed plans and cost estimates for the entire relocation project; plus any costs associated with the acquisition of new right of way (including costs of easements). The detailed plans .and estimates will be forwarded to you for your review and if you desire to proceed with construction you should notify NSP in writing. NSP will then prepare a Relocation Agreement covering the terms of such relocation, including but not limited to: I. The city will pay the actual costs of such relocation. Such actual costs shall include the wages (including all fringe benefits) of all employees of NSP devoting time toward design, engineering, construction, acquisition of right of way, administration or any other activity associated with said relocation project; costa of any necessary right of way; overhead costs associated with surveying, construction and other operations in the field (including but not limited to charges for mileage, equipment rental or cost, etc.); and material costs for all items associated with said relocation. 22 %DEN PRAIRIE Page 2 • 2. Upon execution of the Relocation Agreement, the city will pay NSP 80% of the estimated actual cost of the relocation; the estimated actual cost will .16 be the cost estimate determined from the preliminary activities discussed • earlier in this letter. All amounts paid by you (including the $1,600 paid herewith) for such preliminary activities will be credited toward the amount due upon the execution of the Relocation Agreement. 3. Upon completion of the relocation project, the city will pay NSP any excess of the actual costs over the 80% deposit received by NSP; any overpayment will be refunded by NSP. 4. NSP will reconstruct its transmission line as quickly as is possible, subject to allowances of extra time for strikes or unforeseen delays in delivery of necessary materials, or other unforeseen contingencies, or because of NSP''s need to transfer electrical energy without interruption. 5. The city will indemnify and hold NSP harmless from and against all claims, liabilities, costs and expenses (including attorney's fees) arising in connection with the relocation project; except such claims, liabilities, costs and expenses (including attorney's fees) caused by the sole negligence of Northern States Power Company. After execution of the Relocation Agreement, actual field construction will begin as soon as possible, but not until the necessary right of way has been obtained. In the event such right of way cannot be obtained, the relocation project will terminate and the city will pay NSP for all costs incurred up until such termination. Alternatively, if after reviewing the detailed cost estimate you decide against proceeding with construction, the $1,600 deposit made with the return of this letter will be applied toward the costs of the preliminary activities; any deficiency shall be paid by the city to NSP and any excess will be refunded by NSP. . If the above terms are acceptable to the city of Eden Prairie, please signify your assent to them by executing the original copy of this letter and returning it to the undersigned along with a check for $1,600. The copy of this letter is for your records. llCal Y n n > ���%%% YYYLLLJl r 175 C E LARSON Manager Ceneral Services CEL/ph Attachments cc: J L Brandes R 0 Jondahl The city of Eden Prairie hereby requests NSP to begin preliminary engineering and related activities for the above relocation project and agrees to the terms set out above relating to such activities. CITY OF EDEN PRAIRIE By • Its Dated 2;3 6 ,