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HomeMy WebLinkAboutCity Council - 05/05/1981 EDEN PRAIRIE CITY COUNCIL ( TUESDAY, MAY 5, 1981 7:3O PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl Jullie; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Bob Lambert; and Karen Michael, Recording Secretary INVOCATION: Councilydn George Bentley • PLEDGE OF ALLEGIANCE ROLL CALL 1. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, APRIL 21, All Page 971 III. CONSENT CAENDAR A. 2nd Reading of Ordinance No. 81-07, rezoning properties in the Page 979 Northeast, Southeast, and Southwest quadrants of Co. Rd. 4/TH 5 back into Plan Study B. Agreement No. 60167 with Mn/DOT for reconstruction of the TH 169/ Page 983 Co. Rd. 1 intersection, I.C. 51-311 (Resolution No. 81-91) ` C. Receive 100`: petition and order inrovements on Franle Road west Page 1000 of Preserve Blvd. and Darkenwald 1st Addition, I.C. 51-331 -(Resolution No. 81-92) D. FinaLplat approval for Olympic_Mills 7th Addition (Resolution No. Page 1004 81-93) — E. Request to set Public Hearing for June 2, 1981 for Municipal Industriu Development Bonds in the amount of 850,000.99 for Volunteers of America Care Facilities Project F. Request to set Public Hearinlc for June 2, 1981 for Municipal Industrial Development Bonds in the amount of 1,072,500.00 for Minnesota Supply Company Project IV. PUBLIC MEETING A. Scoping Report for County Read 62 Page 1007 r V. PAYMENT OF CLAIMS NOS. 6235 - 6418 Page 1008 VI, REPORTS OF ADVISORY COMMISSIONS A. Report from the CAG Highway #18 Study Group (Joe Adams and Jim Page 1012 • Council Agenda - 2 - Tues.,P'ay 5, lgil VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment of Minnetonka Community Education Council Page 1114 • representative B. Report of City Attorney • C. Report of City Manager 1. Agreement for right of entry with Golfview Investment Company Page 1114 and Equitable Life Assurance Company for waterworks improve- j `. ments 2. Selection of architect for the design of the expansion of Page 1117 • • ance facilities f _ _. Public Safety offices and mainten • D. Report of Director of Community Services 1. Hockey Rink at Round Lake Park Rage Ali 2. Acquisition if the Earl More House Page 1124 3. Fishing Resource Study Committee Report Page 1O2G 4. Outists A & I Hidden ponds Page 1O2,• E. Report of Finance Director • 1. Clerk's License List ►age 1142 VIII. NEW DUSINESS IX. ADJOURNMENT. t .. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 21, 19B1 7:311 P.M., CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath, and George Tangen COUNCIL STAFF PRESENT: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Servic Bob Lambert, and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: All members present • Mayor Penzel read a Proclamation wishing City Attorney Roger Pauly a Happy 5Sth Birthday and invited those present to have a piece of birthday cake when a recess is called. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Redpath moved, seconded by Bentley, to approve the agenda as published. Motion carried unanimously. • II. MINUTES FROM REGULAR CITY COUNCIL MEETING HELD TUESDAY, APRIL 7, 1981 { Add the following sentence to VIII. D. 1. on page 7, immediately following "(Continued from 3/17/81)" "[This item was taken out of Agenda sequence, therefore Councilman Edstrom was not present for the discussion/action on this item.]" Page 1O, under IX. NEW BUSINESS, para. 2, line 1, change "has been" to "is being" MOTION: Moved by Redpath, seconded by Edstrom, to approve the minutes of the April 7, 1981, Council meeting as amended and published. Motion carried with Tangen abstaining. III. CONSENT CALENDAR A. Approve plans and specifications and order bids for drainage outlet for Lake Idlewild, I.C. 51-385 (Resolution No. 81-83) B. Approve plans and specifications and order bids for street and utility improvements on W. 70th Street, west of Shady Oak Road, I.C. 51-344C (Resolution No. 81-84) C. Clerk's License List D. Final Plat approval for Preserve Center 3rd Addition (Resolution No. 81-8B) 97I • City Council Minutes -2- April 21, 1981 E. Arbor Day/Month Resolution (Resolution No. 81-78) MOTION: Moved by Tangen, seconded by Edstrom, to approve items A - E on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Street and drainage improvements on Hilltop Road, I.C. 51-380 (Resolution No. 81-55) Continued from 3/17/81 City Manager Jullie spoke to his memo of April 16, 1981, in which three alternates were described. This information along with cost estimates was sent to all property owners on Hilltop Road. Ken Grover, 16050 Hilltop Road, said that residents in the area are petitioning Minnegasco for natural gas. Jim Nelson, 16360 Hilltop Road, asked how long a 2" bituminous mat would last. Jullie responded about five years. Shirley (Schenck) Rivkin, 16555 Hilltop Road, expressed a desire to have the whole project done or nothing at all. She is willing to wait until gas, sewer and water are installed before the road is upgraded and the drainage improved. Marty Jessen, 16101 Hilltop Road, spoke to the storm drainage assessment. He wondered if it could be paid for out of the general fund since it is, in his opinion, a maintenance problem rather than an improvement. Jullie further explained the proposed assessment method for the drainage improvements. • Leon Kruse, 9250 Eden Prairie Road, asked whether he would be credited for the amount he has already been assessed for improvements on Eden Prairie Road. Jullie said he would but that those matters would be taken up at an assessment hearing when final costs are known. Bill Barth, 16481 Hilltop Road, wondered how maintenance is now handled. He also stated that he is not in favor of any of the project at this time. Marty Jessen stated that he favors the street improvements. • Jeff Kakach, 16480 Hilltop Road, said he favors the street improvement in combination with the drainage improvement. Roy Brasch, 16400 Hilltop Road, is not in favor of the project because of the possibility of gas, sewer and water coming in the near future. A. L. Nelson, 16300 Hilltop Road, is not in favor of the bituminous mat, but would favor the seal coating alternative. 9`12, City Council Minutes -3- April 21, 1981 Ken Grover asked when the project would be completed. Jullie responded by the end of May, but the project would be timed around other projects, i.e. gas, if need be. Mike Clarke, 16290 Hilltop Road, favors Alternate 1 which is the paver laid mat. MOTION: Moved by Redpath, seconded by Tangen, to close the Public Hearing • and to adopt Resolution No. 81-55, ordering street and drainage improvements on Hilltop Road west of Eden Prairie Road as per City Manager Jullie's recom- mendations calling for Alternates 1 and 3. Motion carried unanimously. (A letter from John & Caryl Hansen regarding the above project is attached to the minutes.) • B. Street and utility improvements on Bennett Place, south of Co. Rd. 1, I.C. 51-375, (Resolution No. 81-81) and (Resolution No. 81-90) City Manager Jullie spoke to the proposal which includes street and utility improvements on Bennett Place. Stuart Finney, attorney for Michael Sutton of 11341 Pioneer Trail, expressed concern on the assessment method. He also said there is a storm water run-off problem in that run-off from Olympic Hills Golf Course flows into the area south of County Road 1. His client would like to see a follow up done on this. ( MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and to adopt Resolution 81-81, ordering street and uti lity improvements on Bennett Place, south of Co. Rd. 1. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 81-90, authorizing and directing the acquisition of certain lands by eminent domain. Motion carried unanimously. C. Co. Rd. 4/TH 5 Plan Study. Rezoning of properties in the northeast, south- east, and southwest quadrants of Co. Rd. 4/TH 5 back into Plan Study District for 1 (one) year. (Ordinance No. 81-$7) Planning Director Enger spoke to the proposal and called attention to the letter from Herb Mason of M.B. Hagen Realty Company dated April 2O, 1981. Joe Lawler, 7621 Ontario Boulevard, wondered what the Plan Study designa- tion means. This was reviewed. MOTION: Moved by Redpath, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 81-$7, rezoning properties in the northeast, southeast, and southwest quadrants of Co. Rd. 4/TH 5 back into Planned Study. Motion carried unanimously. 1 City Council Minutes -4- April.21, 1981 V. PAYMENT OF CLAIMS NOS. 6016 - 6234 t. MOTION: Moved by Redpath, seconded by Bentley, to approve Payment of Claims No. 6016 - 6234. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye". Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. VI I. PETITIONS, REQUESTS & COMMUNICATIONS A. Portnoy's Addition by Gerald Portnoy. Request to preliminary and final plat 5.62 acres to construct office/warehouse building,. (Resolution No. 81-79 - preliminary plat; and Resolution No. 81-87 - final plat) Gerald Portnoy, developer, spoke to the proposal. Planning Director Enger stated the Planning Commission had reviewed the proposal at its April 13, 1981, meeting and had recommended approval by a vote of 54, subject to the recommendations in the April 9, 1981, Staff Report with the exclusion of "Recommendation 5". Bentley asked about drive-way connections. Enger said this will be evaluated further as plans are finalized. Bill Pearson, Prior Lake, questioned the road easement. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 81-79, approving the preliminary plat of Portnoy's Addition. Motion carried unanimously. MOTION: Moved by Redpath, seconded by Edstrom, to adopt Resolution No. 81-87, approving final plat of Portnoy's Addition subject to the signing of the developer's agreement. Motion carried unanimously. B. Request from John Kiwala and Wm. Hoaglund for approval of a delicatessen as a minor supporting commercial use in Shady Oak Industrial Park Planning Director Enger explained the request for approval of a Deli in the Shady Oak Industrial Park. Wm. Hoaglund, one of the proponents, spoke to the proposal. Discussion on the proposal as well as procedure followed. MOTION: Edstrom moved, seconded by Tangen, to refer this request to the Planning Commission. Motion was defeated, 2 - 3. MOTION: Moved by Redpath, seconded by Tangen, to approve a delicatessen • as a minor supporting commercial use in Shady Oak Industrial Park. Motion carried unanimously. • (rig City Council Minutes -5- April.21, 1981 C. Consideration of change in site plan for Lakeridge Office Park in the Bryant Lake Center • Tom Ryan, Ryan Development, spoke to the request to provide a carport for 6 parking spaces in the Lakeridge Office Park. MOTION: Bentley moved, seconded by Tangen, to grant the request for a change in the site plan for Lakeridge Office Park. Motion carried unanimously. VIII. REPORTS OF OFFICERSL BOARDS & COMMISSIONS A. Reports of Council Members Councilman Bentley - reported that Eden Prairie is not included in the areas under consideration as sites for solid waste disposal. Mayor Penzel - 1) instruct Staff to look into screening of storage such as wood piles, recreational vehicles, etc. -- from a research standpoint with the possibility of amending the subdivision or zoning ordinance; 2) instruct Staff to conduct a contest to design an Eden Prairie flag which would create a sense of community identity. B. Report of City Attorney 1. ^co Rock Park (Resolution No. 81-89) MITIIN: Edstrom moved, seconded by Bentley, to adopt Resolution No. 81-89, authorizing and directing the acquisition of certain lands 'by eminent domain. Motion carried unanimously. C. Report of City Manager 1. Resolution No. 81-81, calling a Public Hearing concerning designation of an Economic Development District and consideration of a Development Pan and a Tax Increment Financing Plan relating thereto MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 81-80, calling a Public Hearing concerning designation of an economic development district and consideration of a development plan and a tax increment financing plan relating thereto. Motion carried unanimously. 2, Consultant selection process City Manager Jullie explained that interviews are being held on Tuesday, April 28, 1981, with recommendations to be made to the Council at its next meeting. 9'7 City Council Minutes -6- April 21, 1981 D. Report of Director of Community Services 1. Purgatory Creek Recreation Plan Director of Community Services Lambert spoke to his memo of April 3, 1981, in which he outlined options and recommendations. Vicky Koenig, 7239 Topview Road, presented a petition signed by residents supporting the "open space" land use designation in the Purgatory Creek floodplain, Don Brauer, Brauer and Associates, stated reasons why landowners might be hesitant or unable to part with land for a recreation area, MOTION: Moved by Redpath, seconded by Bentley, to send the proposal back to Staff to develop alternatives for this particular area in cooperation with the landowners. Motion carried unanimously. 2, Capital Improvement Program - Parks Director of Community Services Lambert referred to his April 15, 1981, memo regarding the Five Year Capital Improvement Program. Bentley asked what would happen if cash park fees were not paid or grants were not obtained. Lambert explained that the cash park fees included in the program are very conservative estimates, but if these were not received then cutbacks would be made. Priorities are changed also as petitions come in and/or other needs have to be met. MOTION: Bentley moved, seconded_by Redpath, to approve the Five Year Capital Improvement Program for Parks. Motion carried unanimously, 3. Community Center Change Order Request Community Services Director Lambert explained the proposed requests for changes. Discussion centered on the cost of the change order to change the storage room to an office. MOTION: Tangen moved, seconded by Bentley, to approve the following: a) change the storage room on the second floor to an office for the Athletic Coordinator at a cost of $958; b) extend utilities for possible future locker rooms adjacent to the hockey team locker room at a cost of $2,401; and c) to add the electrical rough-in for a pool scoreboard and timing pad system at a cost of $436. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye". Motion carried unanimously, 976 City Council Minutes -7- April 21, 1981 E. Report of City Engineer ( 1. Street lighting request - Prairie Business Park City Manager Jullie spoke to his memo of April 17, 1981, regarding this matter. Jim Larson, representing Architectural Alliance, expressed the reasons why they would like to deviate from the lighting now used by NSP. Planning Director Eng2r spoke in favor of the lighting request. MOTION: Redpath moved, seconded by Bentley, to authorize installation of high pressure sodium lighting and to have Staff develop the method for appropriate replacement within a reasonable amount of time. 2. Receive 100% petition and order improvements for street and utility improvements in Creekview Estates, I.C. 001 (Resolution No. 81-82) MOTION: Moved by Redpath, seconded by Tangen, to adopt Resolution No. B1-82, receiving 100% petition, ordering improvements and prepara- tion of plans and specifications for public improvements in Creekview Estates, I.C. 001. Motion carried unanimously. 3. Consider bids for Valley View Road pedestrian bridge, I.C. 51-325H (Resolution No. 81-85) MOTION: Edstrom moved, seconded by Tangen, to adopt Resolution No. 81-85, accepting the bid of Progressive Contractors for $132,221.15 for the pedestrian bridge over Valley View Road. Roll call vote: Bentley, Edstrom, Redpath,•Tangen, and Penzel voted "aye". Motion carried unanimously. 4, Consider bids for street and utility improvements on Luther.Way and Meadow Lane, I.C. 51-395 (Resolution No, 81-86) MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No, 81-86, accepting the bid of Kenco, Inc. in the amount of $140,234.23 for utility and street improvements on Luther Way and Meadow Lane and utility improvements in Round Lake Park, Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye", Motion carried unani- mously, IX. NEW BUSINESS City Manager Jullie discussed with the Council prioritizing projects within the tax increment district. X. ADJOURNMENT MOTION; Redpath moved, seconded by Tangen, to adjourn the meeting at 10:54 p.m. Motion carried unanimously. • 16200 Hilltop Road Eden Prairie, 1N 55344 April 21, 1981 • City of Eden Prairie Engineering Department Re: Continued Public Hearing for Street and Drainage Improvements, I.C. 51-380 Since we are unable to attend the hearing this evening, this is to inform you that we would prefer Alternate 2, Seal Coating, for the street surfacing on Hilltop Road. Since the worst part of the street is the first 300 feet or so coming up the hill from :den Prairie Road, it might be considered to put the better paving in that area only. Seal coating should be fine for the rest of the street. Also, if it is determined to install a street surface, j it would be helpful if the project could be coordinated with lannegasco bringing in gas service to the neighborhood. ?le have heard that this may be this summer. Sincerely, l7.cient.q `f 4 �-ri2y.... John & Caryl Hansen l 91)8 •� • County Road 4 Highway 5 intersection RAP ORDINANCE NO. 81-07 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNEEOTA AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135: The Council of the City of Eden Prairie ordains as follows: Section 1. Appendix A or Ordinance No. 135 is amended as • follows: The property situated in the County of Hennepin, State of Minnesota, more fully described in Exhibit A attached hereto and made a part hereof, shall be included in the PS (Planned Study) District. f FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this day of 1981, and finally read and adopted and ordered published at.a regular meeting of the City Council of said City on the day of , 1981. Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on , 1981. Q79 • EXHIBIT A • • Northeast Quadrant • Subll. 1 . The East 217.8'feet of the West 959.8 feet of the . South 300 feet of the Southwest Quarter of the Southwest Quarter, Section 9, Township 116, Range 22, shall be included hereafter in the PS (Plan Study) District. Subd. 2 . That part of the South 300 feet of the Southwest• Quarter of the Southwest Quarter lying East of the West 959.E feet thereof• except the railroad right-of-way, Section 9, Township 116, Range 22, Shall be included hereafter in the PS '(Plan Study) District. • • Subd. 3. Lot 27, Block 7, Westgate Addition according to the . plat thereof on file and of record in the Office of the Register of Deeds, Hennepin County, Minnesota, shall be in- cluded hereafter in the PS (Plan Study) District. • Subd. q . All that part of the Southeast Quarter of the ' Southeast Quarter of Section 8, Township ].16, Range 22, lying : Northerly of the following described line: beginning at a point on the East line of the said Quarter Quarter, distance 600 feet North of 'the Southeast corner thereof; thence Westerly parallel with the South line of the said Quarter Quarter, dis- tance B00 feet; thence Northwesterly to a point on the West line of the said Quarter Quarter, distance 770 feet Northerly of the Southwest corner of the said Quarter Quarter and there terminating, shall be included hereafter in the PS (Plan Study) . District. • Subd.- 5. All that part of tie Southeast Quarter of the Southeast Quarter of Section 8, Township 116, Range 22, lying Northerly of the Northerly right-of-way line of State Highway . No. 5 and Southerly of the following described line: • beginning at a point on the East line of the said Quarter Quarter, dis- tance 600 feet North of the Southeast corner thereof; thence Westerly parallel with the South line of the said Quarter Quarter, distance 800 feet; thence Northwesterly to a point on the West line of the said Quarter Quarter; distance 770 feet . Northerly of the Southwest corner of the said Quarter Quarter and there terminating, shall be included hereafter in the PS (Plan Study) District. . • 9WU • Southwest Quadrant Subd. 6. That part of Sections 8 and 17, Township 116, Range 22 described as follows: Commencing at the Southwest corner of Southwest 1/4 of Southeast 1/4; Sec.8,thence E along South line thereof 951.05 feet to a point known as Point A, thence North at right angle to the center line of State Highway No. 5, said point being actual point of beginning, thence South to Point A. thence deflect left 72 degrees, 00 minutes 10 seconds to the center line of County Road No. 4, thence North along said center line to the center line of State Highway No. 5, thence Northwesterly along said center line to beginning, except roads, shall'be included hereafter in the PS (Plan Study) District. • • Southeast Quadrant • • Subd. 7 . All that part of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22, lying North of the South 680 feet thereof, Southerly of State Highway No. 5, and Westerly of the Northerly extension of the Easterly line of the Lincolnwood Addition according to the plat thereof on file and of record in the Office of the Register of Deeds, Hennepin County, Minnesota, shall be included hereafter in the PS (Plan Study) District, except the following : That part of the Northeast quarter of the Northeast quarter of Section 17, Township 116, Range 22, described as follows: Beginning at the Northwest corner of said Northeast quarter of the Northeast quarter; thence South along the West line of said Northeast quarter of the Northeast quarter to the North line of the South quarter of said Northeast quarter of the Northeast quarter; thence East along said North line of the South quarter of the Northeast quarter of the Northeast quarter to a point thereon distant 1108.58 feet West of the East line of said Section 17 as r.asured along said North line of the South quarter of the Northeast quarter of the .northeast quarter, said point being the point of beginning of a line hereinafter referred to as "Line B"; thence North parallel with said East line of Section 17 a distance of 440.12 feet, and said "Line B" therS ending; thence Easterly to "Point X" hereinafter described; thence North 23 14' 14" East 436.98 feet more or less to the Southerly right-of-way line of State Trunk Highway No. 5 as described at parcel 16 of final certificate recorded as Doc. No. 3087392; thence Northwesterly, Northeasterly, and Northwesterly along said right-of-way line to the North line of said Northeast quarter of the Northeast quarter;thence West along said North line to the point of beginning, EXCEPT that part thereof described as beginning at said Northwest corner of the Northeast quarter of the Northeast quarter of the Northeast quarter a distance of 271.98 feet to the point of beginning of a line hereinafter referred to as "Line A"; thence East deflecting to the left 92 26' a distance of 350.55 feet, and said "Line A" there ending; thence at a right angle North to the Southwesterly right-of-way line of State Highway No. 5; thence ,northwesterly, Northeasterly, and Northwesterly along said right-of-way line to said North line of the Northeast quarter of the Northeast quarter; thence West along said North line to the point of beginning, AND EXCEPT that part thereof lying within the Easement for County Road No. 4 as described in Document No. 3538642; AND EXCEPT that part thereof lying South of a line drawn parallel with and 60 feet South, measured at right angles, from said "Line A" and lying west of said "Line B" and its Northerly extension. 9J j -777 • • Said "Piont X" is located as follows: Commencing at a'point on the East line of the Northeast quarter of the Northeast quarter of said Section 17 distant 180 ( feet South of the Northeast corner thereof (said East line being assumed to have a bearing of South); thence South 88 13' West along a line parallel with the Westerly extension of the North line of Section 16, Township 116, Range 22, a distance of 2.0 feet; thence South 230 14' 14" West a distance of 353.30 feet more or less to a point in a line drawn parallel with the Westerly extension of the North line of said Section 16 from a point on the West line of said Section 16 . distant 500.40 feet South of the Northwest corner of-said Section+ 16 and distant 141.46 feet Westerly of the West line of said Section 16 as measured along said parallel line; thence South 18 10' 27" West a distance of 82.52 feet along a line which if extended, would intersect the North line of the South quarter of said Northeast quarter of the Northeast quarter of Section 1:7 at point thereon distant 303.63 feet West of the East line of said Section 17 as measured along said North line of the South quarter of the Northeast quarter • • of the Northeast quarter' thence North 89 40' West a distance of 715.65.feet • to the intersection with a line drawn parallel with and distant 883.02 feet West of the East line of said Section 17 as measured along said North line of the South quarter of the Northeast quarter of the North east quarter, said point of intersection is designated as "Point X", according to the United States Govern- ment Survey thereof, and situate in Hennepin County, Minnesota. .Subd. 8 . The Westerly 625 feet of the South 570 feet of the North 1215 feet of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22, shall be included i hereafter in the PS (Plan Study) District. • • Subd. 9. Lot 12, Block 2, Mitchell Lake Estates. • 932 MEMO TO: Mayor Fenzel and Members of the City Council THROUGH: Carl Jullie, City Manager FROM: Engineering Department DATE: May 1, 1981 SUBJECT: Agreement No. 60167 with MN/DOT for T.H. 169/Co. Rd. 1 I.C. 51-311 The attached Agreement"No. 60167 with MN/DOT is submitted for Council approval. The agreement covers work within the T.H. 169 right-of-way. The estimated City's share for the construction covered under this agreement is $33,618. This covers the cost of two trunk watermain crossings, storm drainage and a portion of the concrete curb and gutter. Funding will come from our State Aid Construction Fund. A similar agreement will be required with Hennepin County to cover reconstruction of Co. Rd. 1 which will also be included with this project. At this point we have approved the traffic signal agreement with MN/DDT and also the construction plans and specifications. Letting for the project is scheduled for next:month.. Recommend approval for said Agreement No. 60167, subject to amending "Section C, Maintenance" on page 12 which requires the City to maintain storm sewer draining State Highway right-of-way. We are asking MN/DOT to remove this stipulation. CJJ:kh Attachment • 913 • May 5, 1981 • CITY OF EDEN PRAIRIE ( HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81- 91 RESOLUTION APPROVING MN/DOT COOPERATIVE CONSTRUCTION AGREEMENT NO. 60167 FOR • T.H. 169/CO. RD. 1 8E IT RESOLVED by the Eden Prairie City Council as follows: 1. Cooperative Construction Agreement No. 60167, S.P. 2744-30 (T.H. 169=5 Fed. Proj. F-PMS 005-2 (61) is herein approved. 2. The Mayor and City Manager are herein authorized and directed to execute said agreement on behalf of the City. ADOPTED by the Eden Prairie City Council on i; . ( Wolfgang H. Penzel Mayor ATTEST: SEAL John D. Frane, Clerk . • 9841 r. . .. DESIGN STATE OF MINNESOTA AGREEMENT NO. DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION 60167• AGREEMENT S.P. 2744-30 (T.H. 169=5) • Fed. Proj. F-PMS 005-2(61) Agreement between AMOUNT ENCUMBERED The State of Minnesota (None) Department of Transportation, and • The Ci;,y of Eden Prairie ESTIMATED AMOUNT • Re: City cost participation construction RECEIVABLE by the State upon, along and adjacent to T.H. 169 and C.S.A.H. 1 within the $33,61 ' corporate City limits • 8.11 THIS AGREEMENT made and entered into by and between the State of Minne- • sota, Department of Transportation, hereinafter referred to as the "State" and the City of -.den Prairie, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". • F . WITNESSETH: WHEREAS the State is about to award a contract for the construction of grading, bituminous base and surfacing, turn lanes, storm sewer, utilities, concrete curb and gutter, concrete median, pavement marking, a traffic control system, turf establishment and other associated work items upon, along and adjacent to Trunk Highway No. 169 from Engineer Station LW 239+63 (2,817 feet south of County J n 975S 1 • r, . • • . 60167 • ( State Aid Highway No. 1) .to Engineer Station LW 286+42.83 (at the Purgatory Creek crossing) within the corporate City limits and for the construction of grading, bituminous base and surfacing, turn lanes, storm sewer, concrete walk, concrete curb and gutter, bitumi- nous curb, pavement marking, turf establishment and other associated work items upon, along and adjacent to County State Aid Highway No. • 1 (Pioneer Trail) from Engineer Station LS 11+91.84 (906 feet west of Trunk Highway No. 169) ..t0 Engineer:.Station LS 48+35 (150 feet east of Creek Knoll Road) within the corporate City limits in accor- dance with State plans, specifications and special provisions there- for designated as State Project No. 2744-30 (T.H. 169=5) .and in the records of the Federal Highway Administration as Minnesota Project F-PMS 005-2(61) ; and WHEREAS the City has indicated its desire to reimburse the State the City's share of the costs of the construction of cooperative joint-use storm sewer facilities, utilities and concrete curb and gutter to be performed under State Project No. 2744-30 (T.H. 169=5) , within the corporate City limits as hereinafter set forth; and WHEREAS it is anticipated that, with the exception of steel casing pipe for a proposed 12-inch water main and mi. cellaneous adjustments of City owned utility facilities, all of the construction to be per- formed under State Project No. 2744-30 (T.H. 169=5) will be eligible for Federal-aid funds participation therein at the rate of 76.74 (3 -2- 9 go 60167 percent; and in that event, the City's participation hereunder will be reduced in proportion to the rate of Federal-aid funds received by . the State for construction costs incurred in.the performance of said city cost participation construction; and WHEREAS the construction of a traffic control signal system to be performed under State Project No. 2744-30 (T.H. 169=5) rill be covered under a separate traffic agreement document between the County of Hennepin, the city and the State; and I WHEREAS the construction to be performed upon, along and adjacent to / (i'; County State Aid Highway No. 1 under State Project No. 2744-30 (T.H. 61' 69=5) ,. except for city utilities, will be covered under a separate t t `. cooperative construction agreement document between the County of K._) Hennepin and the State. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: • ARTICLE I - CONSTRUCTION BY THE STATE I The State shall, in connection with the award of a construction I, contract, administration of said contract and the construction engi- r' neering for State Project No. 2744-30 (T.H. 169=5) , do and perform the following: -3- . 1 . 3 girl . • • 60167 • ,Item 1.) . Duly advertise for bids and award a contract to the lowest responsible bidder for the aforesaid Trunk Highway No. 169 and County State Aid Highway No. 1 construction in accordance with State plans, specifications and special provisions bearing the above state. project number designation and which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein; and • (Item 2.) , Direct and supervise all construction activities performed under said state project, and perform all construction engineering and inspection functions necessary for the satisfactory completion of said state project construction; and (Item 3.) Make such changes in plans or in the character of the work for said state project construction, including the aforesaid city cost participation construction, which are reasonably necessary to cause said state project construction to be in all things performed and completed in a satisfactory manner, and to that end and as supple- mental to any contract let for the construction of said state project, to enter into any change orders or supplemental agreements with the State's contractor for the performance of any extra work or work occasioned by any necessary, advantageous or desirable changes in • plans. However, the District Engineer of the Minnesota Department of Transportation at Golden Valley or his duly authorized represen- a tative will inform the City's Engineer or other appropriate City -4- 931 • • 60167 ,fficial of any proposed change order or supplement to the construc- tion contract which will affect the city cost participation hereunder; • and (Item 4.) ,• Do and perform all other acts and functions necessary to cause said state project to be completed in a satisfactory manner. ARTICLE II - BASIS OF PAYMENT BY THE. CITY Section A. Construction Costs The City shall pay to the State, as the City's full share of the costs • of the construction of cooperative joint-use storm sewer facilities, utilities and concrete curb and gutter to be performed upon, along and adjacent to Trunk Highway No. 169 and County State Aid Highway ( No. 1 within the corporate City limits under State Project No. 2744- 30 (T.H. 169=5) •in accordance with Article I hereof, the following city cost participation percentages of the costs of the construction described below under "CITY COST PARTICIPATION CONSTRUCTION" and of the costs of any contract change orders or supplemental agreements which may be necessary to complete the said city cost participation construction and the cost of any settlements of claims made with the • State's contractor in connection with said city cost participation construction. Said payment by the City hereunder of the City's share of construction costs shall be based on the final quantities of city cost participation construction work items performed or the final -5- p • 9s • . 60167 100 PE ENT CITY COST: All of the city utilities construction which udes the steel casing pipe to be installed at the Trunk Highway No. 169-County State Aid Highway No. 1 intersection and the adjust- ; ments of inplace valve boxes and hydrant at the County State Aid Highway No. 1-Creek Knoll Road intersection. ' • 40 •RCENT OF THE COSTS NOT REIMBURSABLE UNDER FEDERAL-AID FUNDING: All of the concrete curb and gutter construction to be performed • along the east side of the Trunk Highway No. 169 northbound roadway and along the west side of the Trunk Highway No. 169 southbound road- way plus the sodding of the 6 foot berm behind said concrete curb and gutter and all of the construction of the cooperative joint-use ( storm sewer facilities as shown and described in "Yellow" color on said attached EXHIBIT "A". •ERCENT OF THE COSTS NOT REIMBURSABLE UNDER FEDERAL-AID FUNDING: al •11 of the construction of the cooperative joint-use storm sewer facilities as shown and/or described in "Blue" color on said attached EXHIBIT "A". • Section B. Prorated Construction Costs In addition, said payment by the City shall also include the City's prorated shares of the contract costs of Items No. 2021.501 "Mobili- zation", No. 2031.503 "Field Laboratory, Type D" and No. 563.601 -7- 3 *) 60157 • i "Traffic Control" as set forth in said attached SCHEDULE "I". The aforesaid items are not included in the above described city cost participation construction work item costs. Said additional payment represents the City's proportionate share of the mobilization, field laboratory and traffic control costs incurred in connection with the aforesaid city cost participation construction. • Section C. Construction Engineering Costs In addition to payment of the aforesaid construction costs including the prorated cost shares of "Mobilization", "Field Laboratory" and "Traffic Control", the City shall pay to the State a prorated share of the construction engineering costs for field engineering and inspection, preparation of progress and final estimates reports, • ( record sampling, and materials testing and inspection which will be incurred by the State in connection with said city cost participation construction. Such construction engineering costs shall consist of charges made by Minnesota Department of Transportation personnel assigned to'said state project and of a classification no higher than "Principal Engineer" (Resident Engineers assigned to the Trans- portation Department District Offices and placed in charge of con- struction projects are classified as Principal Engineers) as recorded under the State construction accounting work item code numbers . • appropriate for such construction engineering activities on the "Uniform Time and Cost Report" (Form 1949) and the "Requisition and • tI 4 -8- • • 60167 ( >istribution Sheet" (Form 1702). Said City prorated cost share shall be determined using the method and formula set forth in'said attached • SCHEDULE "I". (Note: For the purposes of estimating the City's share of said con- struction engineering costs as shown in the attached SCHEDULE "I" construction cost estimate form, the State has used an amount equal . t., pe ent of the estimated amount computed as the City's total share of the aforementioned construction costs which includes the City's cost shares of the items of "Mobilization", "Field Laboratory" • and "Traffic Control".) ARTICLE III - PAYMENT Bt THE CITY Section A. Estimate and Advancement of the City's Cost Share It is estimated, for accounting purposes, that th•: payment by the City of its share of the costs of construction work to be performed by the State hereunder which includes the City's share of the pro- rated items "Mobilization", "Field Laboratory" and "Traffic Control" plus the 8 percent construction engineering cost share (used for estimating purposes only) is the sum of $33,618.11 as shown in the attached SCHEDULE "I". The State shall, when a construction contract is awarded which includes the city cost participation construction work to be performed hereunder, prepare a revised SCHEDULE "I" based on the construction contract unit prices and submit a copy of said revised SCHEDULE "I" to the City. The City agrees to advance to the -9_ /J 94S 60167 ( ;ommissioner of Transportation an amount equal to the City's total cost share as set forth in said revised SCHEDULE "I" be it more or less than said sum of $33,618.11 forthwith upon the execution of this agreement and upon receipt of a request from the State for such advancement of funds. Section B. Final Payment by the City It is contemplated that all of the construction work to be performed under said state contruction contract is to be done on a unit price basis. Upon the completion and acceptance of the work provided for in said contract by the State and the preparation by the State of a final estimate computing and determining the amount due the contractor performing the work, the Commissioner of Transportation shall deter- mine and compute the amount due the Trunk Highway Fund of the State of Minnesota from the City for the said city cost participation construction work as set forth hereunder. After the Commissioner of Transportation determines the actual amount due from the City, ha shall apply on the payment thereof as much as may be necessary of the aforesaid funds advanced by the City. If the amount found due from the City shall be less than the amount of the funds advanced, then, and in that event, the balance of said advanced funds shall be returned to the City without interest. If the amount found due from the City shall exceed said amount of funds advanced, the City agrees to promptly pay to the State the difference between said amount found due and said amount of funds advanced. -10- 9941 • . 60167 Pursuant to Minn. Stat. Sec. 15.415, the State waives claim for any amounts less than $2.00 over the City payment funds earlier received by the State, and the City waives claim for the return of any amounts less than $2.00 of funds advanced by the City. Section C. Acceptance of City's Final Cost Share and of Completed Construction . It is understood and agreed that the aforesaid computation and deter- mination by the Commissioner of Transportation of the amount due from the City hereunder shall be final, binding and conclusive. It is further agreed that the acceptance by the State of the completed con- struction work provided for in said State plans designated as State Project No. 2744-30 (T.H. 169=5) •and performed under contract let by the State shall be final, binding and conclusive upon the City as to the satisfactory completion of said work. ARTICLE IV - GENERAL PROVISIONS Section A. Plan Changes The City may by a duly adopted City Council resolution request a chap A or changes in the plan for State Project No. 2744-30 (T.H. 169=5) construction to be performed hereunder in order to satis- factorily complete the aforesaid city cost participation construc- tion, and if the State determines that said requested plan change or changes are necessary and/or desirable, the State will cause such -11- 1' • 995 • 60167 • change or changes in plan to be made and appropriately alter the affected construction. • • Section B. Replacement of Castings in connection with the adjustment of City owned hydrant and valve boxes to be performed by the State's. contractor under State Project No. 2744-30 (T.H. 169=5) , the City hereby agrees to furnish the State's contractor with new castings andd/ parts therefor when replacements are required, without cost or expense to the State or • the State's contractor, excepting replacements required of castings and/or.parts broken or damaged by the State's contractor. Section C. Maintenance It is hereby understood and agreed that, upon the completion and acceptance by the State of State Project No. 2744-30 (T.H. 169=5), the City shall thereafter properly maintain, without cost or expense to the State all of the storm sewer facilities constructed upon and along Trunk Highway No. 169 under said state project. It is hereby understood and agreed that neither party to this agree- ment shall drain any additional areas into the storm sewer facili- ties constructed upon and along Trunk Highway No. 169 under State Project No. 2744-30 (T.H. 169=5) •within the corporate City limits that are not included in the drainage areas for which said storm sewer facilities were designed without first obtaining permission r to do so from the other party. • 0 -12- • 60167 . t Section D. Claims _ It is hereby understood and agreed that any and all employees of the State and all other persons employed by the State in the.performance of the construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the Cit nd that any and all claims, that may or might r-- 'arise under the Worker's. Compensation Act of the State of Minnesota ' •on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said State employees while so engaged on any of the con- struction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of any of the maintenance work or services required or provided for under this agreement shall not be considered employees of the State and that any and all claims that may or might arise under the Worker's Compen- sation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a conse- • quence of any act or omission on the part of said City employees while so engaged on any of the maintenance work or services to be rendered under this agreement by the City shall in no way be the obligation or responsibility of the State. -13- 990 ' . • 60167 Section E. Nondiscrimination The provisions of Minnesota Statute 181.59 and of any applicable local ordinance relating to civil rights and discrimination shall be consi- dered part of this agreement as if fully set forth herein. • Section F. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by resolution of the City Council of the City and shall also receive the approval of such State officers as-the law may pro- vide in addition to the Commissioner of Transportation or his duly authorized representative. 4 6. ' ' ( -14- • • - - 60167 • • • IN TESTIMONY .:i, cs:FOF the parties have duly executed this agreement by their duly authorizes ..'fihprs and.caused their respective seals to be hereunto affixed. • (city CITY OF EDEN:.;PRAIRIE Seal) • • • • ,By Mayor Date • By City Manager • Date #. DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA Recommended for approval: By o` Deputy Commissioner L •� By of Transportation Director - Office of Design Services Date (Date of Agreement) By District Engineer Approved: • By Department of Administration Assistant Division Director Technical Services Division By (Authorized Signature) Approved as to form and execution: Date By Assistant Attorney General —15— 940) • May 5, 1981 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTIDN NO. 81-92 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS DN FRANLO ROAD, ABUTTING DARKENWALD 1ST ADDITION • • AND WITHIN DARKENWALD 1ST ADDITION (I.C. 51-331) BE IT RESDLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed sewer, water and street improvements on Franlo Road, abutting Darkenwald 1st Addition and within Darkenwald 1st Addition, I.C. 51-331, at an estimated total cost of $388,638.00, 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 official 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 i -. ATTEST: SEAL John D. Frane, Clerk • 1000 • 7 Need 4P3I11 $:aoAm • • . CITY OF EDEN PRAIRIE, MINNESOTA • 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: • 1 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 • Watermain - -Storm.'Sewer Street Paving 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 s agree that the total cost of said improvements shall be specially a 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 Street Address or other Legal Names and addresses of Petitioners Description of Prgperty to be Served' (Must be owners of recor'dd)) • i • i!i!C2'/7-�•.-i,.,.•,...,ill iY/:,4 •44.;_ \ki/J44fik - • ' ', -- ./:7:74: • •c., (For City Use) Date Received Project No. 51-3-2,0 . I Council Conside ati n 5AS`14). I. ,. /• PROPOSED METHOD OF ASSESSMENT The following assessment method has been discussed with the effected property owners and meets with their general approval. The project cost will be divided between the area lying north of Franlo Road (owned by the Preserve) and the area lying south of Franlo Road (owned by Messrs Grier and Grobe). The Preserve will be assessed for one-half of the cost of sanitary sewer, watermain, storm sewer and street improvements on Franlo Road only, excluding the cost of services to the south. The remaining cost will be assessed against the Crier and Grobe properties in accordance with the number of assessable units in each property. The assessable units are determined by assigning one unit per single family lot and 1.5 units per double family lot (RM 6.5 zoning). .The present zoning of the Grier property is 13 single and 5 duplex lots, or, 20.5 assessable units. The Grobe property is 9 single and 2 duplex, or, 12 assessable units. The following preliminary assessment roll is based on an estimated project cost of $388,618 of which $154,640 is attributable to Franlo Road.. Franlo Road to be assessed over 15 years. The balance of work to be assessed over 5 ears. i ' j /J /DU2 • • • • /( PRELIMINARY ASSESSMENT ROLL 1.C. 51-331 Streets & Property Owner San. 'Swr. Watermain Drainage Total Preserve $ 6,626 $15,816 $ 54,878 $ 77,320(1) Grier 37,351 45,838 113,181 196,370(2) Grobe 21,864 26,832 66,252 114,948(3) • Totals $65,841 $88,486 $234,311 $388,638 (1) Assessment = 1/2 of $154,640 = $77,320 388618 - 77,320 (2) Assessment = 32.5 x 20.5 = $196,370 , (3) Assessment = 388,618 - 77,320 x 12 = $114,948 32.5 • • 1V//fi�r' v5 �. CITY OF EDEN PRAIRIE Engineering Report on Final Plat TO: Mayor Penzel and Members of the City Council THROUGH: Carl Jullie, City Manager FROM: Engineering Department DATE: April 29, 1981 SUBJECT: Olympic Hills Seventh Addition • PROPOSAL: Olympic Hills Corporation is requesting City Council approval of the final plat of Olympic Hills Seventh Addition. This addition consists of 33 lots within an area of approximately 48 acres, located in the south 1/2 of Section 24. The combined total number of lots for Olympic Hills Sixth and Seventh as submitted for final plat approval is 86 compared to the 84 lots approved in the Developer's Agreement. A reduction in the amount of area necessary for access to facilities within the golf course property has been allowed for the platting of two additional lots. All lots exceed the minimum lot size requirements. The future use of Dutlots A, B, C and D is covered in the Dpen Space Agreement. HISTORY: The preliminary plat was approved on January 22, 2980, per Council Resolution No. R80-14. Zoning to R1-13.5 was finally read and approved by the City Council on July 1, 1981, per Ordinance No. D80-03. The Developer's Agreement referred to within this report was executed on July 1, 1980. An Open Space Agreement between the developers and the City was executed on July 1, 1980. VARIANCES: A variance from the requirements of Ordinance No. 93, Sec. B, Subd. 1, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. All future variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: The requirements for the installation of utilities and streets are covered in the Developer's Agreement. PARK DEDICATION: The requirements for park dedication,are covered in the Developer's Agreement. May 5, 1981 .• ' CITY OF EDEN PRAIRIE • • HENNEPIN COUNTY, MINNESOTA 2•6 `, RESOLUTION NO. R81-93 . A RESOLUTION APPROVING FINAL PLAT OF OLYMPIC HILLS SEVENTH ADDITION WHEREAS, the plat of Olympic Hills Seventh Addition has been sub-' • mitted in the manner required for platting land under the Eden Prairie.Ordinance • Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and . WHEREAS, said plat is in all respects consistent with the City plan and ' the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Olympic Hills Seventh Addition is approved upon compliance with the recommendation 2en9at1981of the City Engineer's Report on this plat dated A B. Variance is herein granted from City Ordinance No. 93. Sec. B. Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final _ plat as described,in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis • trar of Titles for thier use as required by MSA 462.358, Subd. 3. • D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above•named _ plat. . E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL . ( John D. rane. C er /(K)5 1 - 2 - , BONDING: The requirements for bonding are covered in the Developer's Agreement. • A Performance Bond ensuring the installation of watermain and roadway connections to Franlo Road by June 1, 1984, will be required prior to release of the final plat of Olympic Hills 6th Addition. RECOMMENDATION: Recommend approval of the final plat of Olympic Hills Seventh Addition, subject to the requirements of this report, the Developer's Agreenent and the following: 1. Receipt of cash deposit for street lighting in the amount of $1,551.90. 2. Receipt of fee for City engineering in the amount of $990.00. 3. Satisfaction of bonding requirements. CJJ:kh i I ' • • I' z • • MEMO TO: Mayor and City Council FROM: Chris Enger, Director of Planning THROUGH: Carl Jullie, City Manager • ' DATE: May 1, 1981 • • REGARDING: CROSSTOWN 62 SCOPING REPORT Hennepin County has commissioned BP.W to prepare an Environmental Impact • Statement on the 62 Crosstown from Shady Oak Road to Co. Rd. 4. • As a part of this process a Scoping Report is written which. identifies all pertinent issues and reasonable alternatives to be studied in the E.I.S. It is also used as a tool to identify and discard alternatives which parties involved can agree are unreasonable and should not be studied further in a full E.I.S. • At this point, BRW has prepared a Draft Scoping Report.which includes alternatives generated from a historical perspective, past City resolu- tions, agency input, and municipal and county staff input. BRW will be present Tuesday evening and will explain the process and the alternatives included so far. Th£balance of the meeting$ is for additional input from the Council and interested parties. This additional information will be utilized in the final Scoping Report. Property owners within Eden Prairie have been notified by mail all along the route and a notice has been published in the paper. Copies of the report have been available at City Hail for three weeks and the staff.has been checking them out to interested parties. The Planning Commission has copies of the report and I explained the process to them at their April 27, 1981 meeting. This meeting is informational (from both sides) and is not necessarily an endorsement of any alignment. CE:ss • • /WI May 5, 1981 STA.. OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN • The following accounts were audited and allowed as follows: 5812 VOID OUT CHECK $ (15.00' 6173 VOID OUT CHECK (20.00, . 6235 XEROX REPRODUCTION CENTER Enlargement prints-Planning Dept. 38.31 6236 LIQUIR HOUSE Liquor - 1,020.43 6237 MIDWEST WINE CI. Wine 942.18 6238 JIHNSIN BROTHERS WHOLESALE LIQUIR Liquor 800.90 6239 GRIGGS, COOPER & CI., INC. Liquor 1,954.98 6240 ED. PHILLIPS & SONS CI. Liquor 1,843.09 6241 OLD PEORIA COMPANY, INC. Liquor 1,344.51 6242 INSTY-PRINTS Printing-Eden Prairie Community Center 45.45 14,825 6243 MINNESOTA STATE TREASURER Fees-Engineering Dept. 5,8 ..12.87 II 6244 FEDERAL RESERVE BANK Payroll 39 6245 COMMISSIONER IF REVENUE Payroll 6246 DEPARTMENT IF EMPLOYEE RELATIINS Payroll 16,123.31 6247 AETNA LIFE INSURANCE & ANNUITY CO. Payroll 165.111 • 6248 SUBURBAN NATIONAL BANK Payroll 151.18 , 6249 PERA Payroll 10,281.62 62Z UNITED WAY IF MINNEAPOLIS Payroll 52.96 6261 MINNESITA DEPARTMENT IF P/S Motor vehicle registration 7.51 I 6252 COMMERCE CENSUS Service-Planning Department 19.44 6253 MINNESOTA DISTILLERS, INC. Liquor 1,268.65 6254 JOHNSON BROTHERS WHOLESALE Liquor 806.5E 6255 TWIN CITY WINE Wine 323.17 6256 OLD PEORIA CIMPANY, INC. Liquor 51.88 6257 GRIGGS, COOPER & CO., INC. Liquor 2,455.34 6258 ED PHILLIPS & SONS CI. Liquor 1,317.31 6259 KEN JIHNSIN Printing-Senior Newsletter 67.61 6260 INTERNAL REVENUE SERVICE Special tax return-Liquor Store 9.11 6261 MINNESITA RECREATION & PARK ASSN. Fee-Rec Dept. S.II 457.14 a 6262 U.S. POSTMASTER Postage ': 2.661 6263 MINNEAPOLIS CITY TREASURER Book-Planning Department 1 6264 COMMISSIONER IF REVENUE Payroll78 2,371.868 3 6265 MENARDS Lumber-Park Dept. 18 6266 HOPKINS POSTMASTER Postage 12B.91 6267 GARY PRUSS Tire 58.56 6268 RYAN RUBBER STAMPS Stamp-Engineering Department .11 6269 A & H WELDING & MFG. CI. Tubing-Fire Dept. 1 18l5.63 6270 ACRO-MINNESOTA, INC. Office Supplies .53 6271 ADVANCE AMBULANCE & EQUIPMENT SALES Resuscitator mask-Fire Dept. 41 81 6272 ALDY GRAPHIC SUPPLY, INC. Supplies-Community Service 18.23 6273 STU ALEXANDER Mileage 44 .51 , 2.51 6274 AMERICAN DEMOGRAPHICS Subscription-Planning Department g6731 1 627 AMERICAN NATIONAL BANK & TRUST Bond payment 9 627b ARROWHEAD BEARING INC. Equipment parts 74 111.1 6277 ARTEKA INCORPORATED Supplies-Forestry Department 7.51 1 627E KATIE ASKLUND Refund-Rec Dept. 6279 BRW Service-Schooner Blvd, Dell Road, Lake 39,391.16 Eden Park, Anderson Lakes Parkway, /CO Page two May , 1981 • 6280 BEST & FLANAGAN Service 120.00 6281 BESTOS PRODUCTS COMPANY Equipment parts-Police Department 137.61 6282 BLACK & VEATCH Service-Water Treatment Plant 11,628.0/ 6283 CITY OF BLOOMINGTON March 81 Service 75.00 6284 BLOOMINGTON LOCKSMITH CO., INC. Repair lock-Water Dept. 93.53 6285 BROWN PHOTO Film-Building Dept. 21.70 6286 BROWNELL & CO., INCDRP. Soccer nets-Rec Dept. 395.50 6287 GREG BONGAARTS Expenses-Water Dept. 36.00 6288 BORCHERT-INGERSOLL, INC. Loader-Street Dept. 91,407.00 6289 BOYER FORD TRUCKS Equipment repairs & parts 237.60 6290 BRAUN ENGINEERING TESTING, INC. Service-Forest Hills Elementary School 713.0Q Tennis Courts 6291 JUSTIN BRIDGE Refund-Rec Dept. 1.50 6292 MARY BETH BUCKMAN Service-May/June Happenings 388.00 6293 MELISSA BURKHARDT Refund-Rec Dept. 1.50 6294 CHANHASSEN AUTO PARTS Equipment repairs & parts 99.34 6295 CHANHASSEN LAWN & SPORTS Chain, Chain sharpener 45.17 6296 DEBBIE CHRISTENSEN Refund-Rec Dept. 12.00 6297 CLUTCH & TRANSMISSION SERVICE, INC. Cable-Street Dept. 47.71 629B COMMUNITY DANCE CENTER Aerobic Dance instructor P 492.00 '. 6299 COPY EQUIPMENT INC. Pencils,.bulbs, hand level, equipment repair 605.06 6300 CURTIN MATHESON SCIENTIFIC, INC. Funnel, beakers-Water Dept. 188.70 6301 CUTLER-MAGNER COMPANY Quicklime-Water Dept. 3,256.26 63C DALCO Buckets for lime removal-Water Dept. 298.36 6303 DORHOLT PRINTING Office Supplies 791.90 6304 ESB INCORPORATED Batteries-Street Dept. 212.66 6305 ESS BROTHERS & SONS INC. Grate-Drainage 60.00 6306 ELK RIVER CONCRETE PRODUCTS Supplies-Street Dept. 85.80 6307 CHRIS ELLINGSON Refund-Rec Dept. 1.50 6308 ELVIN SAFETY SUPPLY, INC. Raincoat-Sewer Dept, Jacket-Street Dept. 136.20 6309 FIRESTONE STORES Tires-Police Dept. 853.36 6310 FLEET MAINTENANCE INC. Plugs, points, filters 54.80 6311 WHOLESALE LIGHTING, INC. Bulbs-Water Dept. 302.88 6312 FRONTENAC PRESS PRINTERS Forms-Police Dept. 404.00 6313 FUNK-HANECY DISTRIBUTOR, INC. Carpeting for van 138.45 6314 GENERAL COMMUNICATIONS, INC. Equipment repair & parts 121.33 6315 GENERAL SPORTS Softball bases, plates-Rec Dept. 533.00 6316 MATTHEW GJERSVIK Refund-Rec Dept. 1.50 6317 R.L. GOULD & CO., INC. Parts-Street Dept. 140.07 6318 GRAPHIC SPr.'IALTIES, INC. Department signs-City Hall 296.00 6319 GREAT WESTERN SCHOOL SUPPLIES Dffice supplies 116.56 6320 GUNNAR ELECTRIC COMPANY Repair electric heaters-Park Dept. 283.65 6321 HAMMER RESIDENCES Refund-Rec Dept. 10.00 6322 CHUCK HARDY Umpire-Softball 25.00 6323 FRITZ HARRING Instructor-Spring Leisure 15.00 6324 JENNY HASTINGS Refund-Rec Dept. 12.00 6325 HENNEPIN CDUNTY CHIEFS OF POLICE Conference-Police Dept. 150.00 632' HENNEPIN COUNTY Board of prisoners 193.33 632. SOUTH HENNEPIN HUMAN SERVICES COUNCIL Expenses • 6.00 6328 HENNEPIN TECHNICAL CENTERS Tuition-Fire Dept. 34.00 6329/` HOLMSTEN ICE RINKS, INC. Service-Eden Prairie Community Center 4,500.00 00 6330 JODY HOLMES Refund-Rec Dept. 6331 HONEYWELL INC Equipment repair & parts-Water Dept. 4,708.00 09 • Page three May -, 1981 6332 HOWE INCORPORATED Fertilizer-Park Dept 217.29 6333 MARCIA HUTSON RN Tests • 25.DO 6334 I.A.A.O. CONFERENCE Conference-Assessing Dept. 137.00 6335 IBM Office supplies 156.00 6336 INTERNATIONAL CITY MANAGEMENT Subscription-Manager 145.00 6337 IMPERIAL, INC. Supplies-Water Dept. 28.40 6336 INGRAM EXCAVATING Haul Rock-Park Dept. 3,449.00 6339 ITASCO EQUIPMENT CO. Equipment parts-Street Dept. 1,390.02 6340 DEBBIE JENSEN Refund-Rec Dept. 24.00 6341 JASON KAPSNER Refund-Rec Dept. 1.50 6342 KARULF HARDWARE, INC. Hose, Ext. cord, screws, turpentine 63.13 6343 EDWARD KRAEMER & SONS, INC. Rock-Park Dept. 4,695.61 6344• KRAEMER'S HOME CENTER Bike reflectors-Eden Prairie Crime 251.74 6345 ROBERT LAMBERT Expenses 154.25 6346 M.E. LANE, INC. Service 84.00 6347 LOWELL'S AUTOMOTIVE SPECIALISTS Fire extinguisher-Water Dept. 27.50 6348 MAGNEY CONSTRUCTION Service-Eden Prairie Community Center 175,136.00 6349 ROBERT N. MARTZ Expenses 163.20 6350 METRO FONE COMMUNICATIONS, INC. May 1981 Service 83.16 6351 METROPOLITAN FIRE EQUIPMENT CO. Service-Fire Dept. 15.50 6352 LOU METZGER Refund-Rec Dept. 30.00 6353 MID-CENTRAL FIRE INC. Hoses-Fire Dept. 1,055.00 6354 MIDWEST ASPHALT CORPORATION Blacktop 1,190.75 63y MILLER/DAVIS COMPANY Forms-Assessing Dept. 17.80 6351, MINNEAPOLIS STAR & TRIBUNE CO. Employment ad-Engineering Dept. 45.50 6357 MINNESOTA GAS COMPANY Service 1,359.72 6358 MINNESOTA VALLEY ELECTRIC CO-OP Service 19.30 6359 MODERN TIRE CO. Equipment repair & parts 49.45 6360 NATIONAL FIRE PROTECTION ASSOC. Books-Engineering Dept. 43.78 6361 NIKEBILT, INC. Service-Liquor Store #2 1,000.0C 6362 NDRELCO Parts-Community Service 14.51 6363 RICHARD NESS Expenses • 36.00 6364 NSP Service 7,647.63 6365 NORTHRUP KING CO. Grass seed-Park Dept. 210.32 6366 NORTHWESTERN BELL TELEPHONE Service 19.36 6367 NORTHWESTERN NATIONAL BANK OF MPLS. Bond payment 203,179.80 6366 ATEET PANJWANI Refund-Rec Dept. 1.50 6369 CHARLES J. PAPPAS Mileage 79.75 6370 PAUL'S WOODCRAFT COMPANY Cabinets-Fire Dept. 1,603.00 6371 PETTY CASH-PUBLIC SAFETY Supplies-Police Dept. 5.98 6372 JEFFREY PIERSON Refund-Rec Dept. 1.50 6373 PRAIRIE OFFSET PRINTING, INC. Forms-Police Dept. 174.90 6374 RAINBOW MECHANICAL INC. Service-Eden Prairie Community Center 46,530.00 6375 REGISTER PUBLISHING COMPANY Ad-Parks Dept. 7.00 6376 ST. REGIS PAPER COMPANY Supplies-Street Dept. 6.61 6377 SATELLITE INDUSTRIES, INC. Portable restrooms 632.64 6378 KATHY SCHUMACHER-RN Tests 50.00 6379 SHADYWOOD TREE EXPERTS, INC. Tree removal 753.20 63f SOUTHWEST SUBURBAN ADVERTISER Ad-Park Dept. 8.96 6381 SPECIALTY SCREENING Decals-Police Dept. 312.60 6382 STANDARD Fuel-Street Dept. 10,080.00 6383 STANDARD SPRING COMPANY Parts-Street Dept. 75.60 6384 DON STREICHER GUNS, INC. Riot control kit, tear gas, grenades, 830.37 MO • Par- four Mai ,, 1981 6385 SUBURBAN CHEVROLET CO. Equipment repair & parts 122.32 6386 SUBURBAN COMMUNITY SERVICES Expenses-Adaptive Recreation 31.05 6387 SULLIVANS SERVICES, INC. Pump tank-Research Road 50.00 63B8 TAMS-WITMARK MUSIC LIBRARY Book-Historical Cultural Center 5.00 6389 JESSICA THENO Refund-Rec Dept. • 1.50 6390 JEFFREY THOMAS Refund-Rec Dept. 1.50 6391 - CARRIE TIETZ Minutes-Park & Rec meetings 45.13 6392 TITLE INSURANCE COMPANY OF MINNESOTA Abstract title-Park Dept. 37.50 6393 1200 ON THE AVENUE Printing material-Adaptive Recreation 16.00 6394 UNIFORMS UNLIMITEO Shirts-Police Dept. 16.00 6395 VALLEY EQUIPMENT CO. Filter, blades 126.04 6396 . VIKING'S SAFETY PROOUCTS Equipment repairs-Sewer Dept. 150.00 6397 WATER PROOUCTS COMPANY Waterplug-Sewer Dept 46.90 6398 WEAVER ELECTRIC CO., INC. • Service-Eden Prairie Community Center 26,730.00 6399 KAREN WEILL Refund-Rec Oept. .14.00 6400 WENOELL'S Brass tags-Police Dept 41.25 . 6401 SANOY WERTS Mileage 26.5C• 6402 WEST CENTRAL INDUSTRIES, INC. Stakes-Engineering Dept. 519.60 : 6403 ANDREA WITHAM Refund-Rec Dept. 1.5C 6404 XEROX CORPORATION Service 190.00 6405 ZECO COMPANY Hose-Park Oept. 16.37i 6406 ZIEGLER INC. Regulator-Street Dept. 45.87 64r- BADGE MAN METRO Badges-Liquor Store 39..5E 64L. CASH REGISTER SALES, INC. Service-Liquor Store 10.73 6409 CHAPIN PUBLISHING COMPANY Legal ads 95.6 6410 JACK HACKING Expenses - 7 48.6E 6411 INTERNATIONAL HARVESTER Equipment rental-Park Dept. 1,800.0e 6412 LANG, PAULY & GREGERSON, LTD. Service 5,920,74 6413 LINK RESTAURANT Expenses-Senior Citizens 59.5C 6414 MABEL O. MELBY Refund-Rec Oept. 10.5C < . 6415 TRI-STATE TREE SERVICE, INC. Tree removal 1,685.00 6416 TWIN CITY OXYGEN CO. Gauge-Water Dept. 10..90 , 6417 RAOIO SCHAAK Supplies-Liquor Store #2 69•95 . 6418 JOROAHL CONSTRUCTION CO. Service-Community Center 4,545.00 TOTAL • 021,306.11 loll REPORT TO THE CITY COUNCIL OF EDEN PRAIRIE, MN. From: Joseph M.D. Adams And James Osberg, DDS Representatives Citizens Advisory Group (CAG) Ref: CSAH 18 Location Study (a 36 month study) I. Membership A. Two members each 1. Hennepin County 2. Scott County 3. Bloomington 4. Savage • 5. Shakopee 6. Eden Prairie B. Coordinated by Jim Book of Barton-Aschman Associates, Inc. (the consulting contractor to Hennepin County) 11. Purpose of the Citizens Advisory Group A. "to work with the consultant and Technical Advisory Committee (TAC).... to provide insight and feedback from the public for the duration of the process. The CAG will be called upon to express community and !, and neighborhood attitudes and opinions throughout the location study process." B. "they (CAB) will be asked how to best schedule ani announce public meetings and to better insure public involvement." III. Eden Prairie's stated position regarding the CSAH 18 project. A. To make every effort to support EP's development as outlined in the Master Plan as approved by the MET Council. B. To preserve the "open space" and ecological nature of our community. C. To make every effort to prevent outside influences to force unfair strain on the community. D. To force other communities to accept responsibility for the pressures of growth and development. E. To protect Eden Prairie's investment in existing development by both business and residents. F. To position our community as a good neighbor. G. To strive for the completion of the 212 corridor, the upgrading of 169, as promised by the Met Council, before CSAH 18 becomes a major thoroughfare. • IV. Apparent positions taken by other CAB members A. Consultants 1. To lobby for the CSAH 18 corridor as a freeway, if possible, and ignore other commitments since these do not apply to their contracted study. Alternates such as a Normandale crossing had to be forced upon them before they would take this route seriously. 2. To do a thorough job on this study. /Oa • • • • B. Bloomington 1. To take a low profile. 2. To insure that the corridor that they set aside to be used for Freeway with little or no room for alternatives. .3. To lobby and resist all attempts to upgrade Normandale and allow a bridge at this location. 4. To succeed in providing a Freeway at their western boundary (Route 18) not in their community. 5. To insure the success of commercial development between Route 18 and Normandale along Hennepin County 1 (Old Shakopee Road). C. Savage, Shakopee, and Scott Counties 1. To provide a crossing to their residents. 2. To balance the CAD for fairness. 3. To insure that any crossing mesh smoothly with their proposed roadway systems. 4. To provide for the transportational and development needs of their constituents. V. Present status of CSAH 18 study as understood by your representatives. NOTE: This portion of the report will be presented and will include maps and copies of the first stage report. VI. Present status of the CSAH 18 study A. Corridors now being considered. B. Preliminary design as conceived by the TAC and the Consulting firm. • C. Considerations that must be supported. 1. Design considerations. 2. Wildlife considerations. 3. Archeological and historical. 4. Neighborhood. 5. Asthetic. 6. Funding and financial. 7. Previously promised bun not delivered highway commitments. VII. Request for specific recommendations from the Eden Prairie City Council so that.your representatives may continue functioning from a position of strength. Respectfully submitted, Joseph M.D. Adams James Osberg, DOS. . • MEMORANDUM • TO: Mayor and City Council Parks, Recreation and Natural Resources Coiiiysion THRU: Carl Jullie, City Manager \\1 FROM: Sandy Werts, Recreation Supervise DATE: April 1, 1981 1v\ SUBJECT: Minnetonka Community Services Advisory Council There is a portion of Eden Prairie which falls into the Minnetonka School District. As a result this area is also serviced by Minnetonka Community Services Department (Community Education). Eden Prairie annually contributes to the Community Services Department. For 1981-82 the school district has requested $110. Eden Prairie has a seat on the Advisory Council which is • comprised of representatives appointed from the ten communities within the Minnetonka School District, five "at large" delegates and five school board . delegates. The mayor appointed the Director of Community Services as the representative many years ago, and I have attended the meetings for the past six years. Very little of the business conducted directly affects the services that the City of Eden Prairie offers. Very often the programs the Council deals with are ones which enhance or enrich the K thru 12 program in the Minnetonka School District. 1 feel that a representative from the Minnetonka School District portion of Eden Prairie would best serve the interest of residents living in that area on the Council. The Community Services staff suggests that a recommendation be made to the City Council to appoint a representative from the Minnetonka School. . District portion of Eden Prairie to the Minnetonka Community Services Advisory Council. There is not a set term of office on the Council. However, staff would recommend that the person be appointed for a three year term of office to coincide with other City appointments. SW:md • • • ION .• Minutes —Parke, Reoreation do .approved April 6, 1981 Natural Resources Commission -5- VII. NEW BUSINESS A. Minnetonka Community Services Advisory Council Representative MOTION: Kingrey moved to recommend the Council appoint an appropriate resident of Eden Prairie living in the Minnetonka School Distriot, to serve on the Minnetonka Community Advisory Council. Schwartz seconded the motion and it carried unanimously. • • • • • • • • • • • • • 1°16' 1 MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Carl Jullie, City Manager FROM: Engineering Department DATE: May 1, 1981 SUBJECT: Right-of-Entry Agreement for Waterworks Construction The attached draft Righ-of-Entry Agreement, as prepared in conjuntion with Roger Pauly's office, is submitted for Council approval. The agreement grant's the City the right to enter upon lands owned by Golf View Invest- ment Co. No. 2 and the Equitable Life Assurance Society in the Edenvale area for construction of three new City wells, pump houses and connecting lines. These owners have been concerned about potential effects of the City's work on the private wells used for irrigation of the Edenvale Golf Course. This agrement addresses that issue and is satisfactory to the owners. A test pumping will be made in the next few days and data will then be availabe to complete the blanks on the agreement form. Recommend approval { of said Right-of-Entry Agreement. • • CJJ:kh Attachment • • /V/(A • AGREEMENT FOR RIGHT OF ENTRY • This agreement made this-day of , 1991, by and between the City of Eden Prairie, hereinafter called 'City,' Golfview Investment Co. No. 2, a general partnership consisting of __ , hereinafter called "Goliview,• and The Equitable Life Assurance Society of the United States, a • • New York Corporation and The Equitable Life Mortgage and'Realty Investors, a Massachusetts voluntary association of the type commonly known a,,Massachusetts Business Trust under a Declaration of Trust dated September 15, 1.470 as amended, both of which are hereinafter called 'Equitable.` WHEREAS, 0olfview is the owner of certain real property situated in the City cf Eden Prairie,County of Hennepin, State of Minnesota, described in Exhibit A attached hereto and made a part hereof; and • ( WHEREAS, Equitable is the owner of certain real property situated in the City of Eden Prairie, County of Hennepin, State of Minnesota described in Exhibit B attached hereto and made a part hereof, and also holds a security interest in the property of colfview described in Exhibit A; and WHEREAS, City desires to purchase the fee title or acquire an easement with respect to portions of the properties of Golfview • and Equitable described in Exhibit C attached hereto and made a part hereof for the purpose or purposes of construction and • drilling of wells, wellhouses, piping, water mains and related equipment and facilities ('improvements') on, over or through said property, said improvements including, but not limited to, the drilling and construction of a well to be located on hereinafter called `Well No. 6'; and WHEREAS, City desires the right to ember upon the property described in Exhibit C and commence and complete construction • of said improvements prior to acquiring fee title or an easement in said property; and '1,)/C • WIIEREAS, Golfview and Equitable have indicated their acquiescence in City's entering upon said /ands for such purposes upon certain conditions more fully expressed hereinafter. NOW, THEREFORE, in consideration of the mutual pr.::a:ccr.,• provisions and conditions hereof, it is agreed by and among the parties hereto as follows: 1. Golfview and Equitable hereby grant to City, its agents, contractors, employees and assigns any and all rights to - enter upon those portions of their property described in Exhibit C for purposes of comneneing and completing construction of the improvements and operating the same. 2. City and Golfview have caused a test to be made on a • well owned by located south of Valley View Road, utilised for watering Edenvale Rol! Course, operated by Golfview ('Edenvale Well'). The test indicates that the Edenvale Well produces water at the rate of — gallons per minute. Upon .wmpletion of the drilling and construe tion of!,ell No. 6 by City and from time to_time during a period • of days thereafter, City shall test the supply of water _ from Edenvale Well. In the event Edenvale Wellfails to produce ' water,due to the City's well drilling operation.at the rate of at least gallons per minute during the test period,City shall,at its option, fa) repair or modify the Edenvale Well pump and/or . tt �it_.a 1i motor at City's expense in such a manner that,.upon.a test conducted by a licensed well driller as noon as reasonable following completion of the repair and modification,the Edenvale Well will produce water at a minimum rate of gallons per minute, or (. • (b) City shall supply to Golfview such quantities of water,treated or untreated,at the City's discretion,for gold course purposes which,together with the water produced by the fdenvale Well, will be at least equat to gallons per minute. Golfrlew shall.pay to City for water supplied to it pursuant to this subparagraph(b)at a rate of$l.076/1000 gals.,subject to adjustments from time to tine by that percent as the City's rates may be adjusted from time to time for other users of City wster. The provisions of this subparagraph(b)shall not constitute a cc,enant or grant to Golfview,Equitable or any other person owning or having an interest in Edenvale Golf Course of any right /0,4, r or rights in extension of those rights possessed by Other users of City .. water,because of any interruption in the supply or quality of water for • any reason. Also,City shall pay for the installation of all pipes, conduits and other equipment and labor necessary to hook up the City's water system to Golfview's system to facilitate the supply of water pur- • suant to this'subparagraph(bj. �. The provisions of this Paragraph 2 of this Agreement shall terminate years troll the date hereof. • 3. It is understood and agreed among the parties hereto �-- that this agreement does not constitute a conveyance of the fee title or of an easement to City of that portion of the lends of Golfview and Equitable described in Exhibit C. Ool:fview and . Equitable agree that they will negotiate with City for the sale and conveyance of the fee or such interests therein as City may require. In the event the parties are unable to agree as to the price or terms thereof, Col:fview or Equitable shall have the right to demand that City institute condemnation proceedings } pursuant to Minnesota Statutes Chanter 117 within 30 days after ;' — Golf view or Equitable serves written notice of such upon the City Manager. City retains the right to institute condemnation �. proceedings at any time and Golfview and Equitable hereby waive all right to notice of the presentation of such petition-as - • otherwise required in MSA Section 117.055. . GOLFVIEN INVESTMENT CO. NO. 2, CITY OF EDEN PRAIRIE a Minnesota general partnership consisting of By By Its Its By ___ By Its Its ' THE EQUITABLE LIFE ASSURANCE THE EQUITABLE LIFE MORTGAGE AND SOCIETY OF THE UNITED STATES, REALTY INVESTORS, A MASSACHUSETTS A NEW YORK CORPORATION VOI.UNTAHY ASSOCIATION OF TOE TYPE COIVIONLY KNOWN AS HASSACUHStTTS BUSINESS TRUST UNDER A DECLARATION OF TRUST DATED SEPTEMBER 15, 1970, By AS AMENDED . Its By By __ Its Its • By • h4(.-its - • • F MEMO TO: • Mayor and City Council FROM: Carl Jullie, City Manager DATE: May 1, 1981 REGARDING: Architect Selection for City Services Preliminary Designs • At the Council's direction, the staff has interviewed seven Twin Cities Architectural firms. The process with each firm included; an hour of explanation of services required from our staff and opportunity for questions from them, (during the week of April 13-17), and an hour interview with staff representatives. The interviews were for the purpose of reviewing each firm's formal proposal, • past work, and personnel to be involved. The interviews were conducted by myself, Chris Enger, Jack Hacking, Keith Wall, Walter Johnson, and Bob. Lambert. We found a wide range of fee proposals as evidence by the summary chart below: FEE FIRM (NOT TO EXCEED) CREDIT BALANCE HOURLY FINAL FEE Lnson, Forsberg $7,800 $7,800 0 $18.75-50 7% Horne Architects, Inc. $13,500/$65,000 ? ? ? 7% Hustad-Pontinen,Arch.Inc• $22,000 + 8% hourly, mtgs.&printing $11,000 $11,000 ?-$35/40 not to exceed Architectural Alliance $24,065 + • PC Meetings $15,200 $9,965 $37-70 7% *Interdesign Inc. *$42,250 $30,250 $12,000 $25-50 7%on est.cost Hodne/Stageberg $37,180 $12,960 $24,220 $18-70 8%on est.cost Smiley/Glotter $62,500 $31,250 $31,250 $25-50 6-7% (*) S30,000 r41.4 15,000 15,000 fZ.5--50 7%, The scope of the services requested was: 1) Complete programming of a Public Safety Bldg., Public Works Garage, and Park & Rec. Shop. 2) Site plan study of City Hall site and Water Treatment Plan site and development of at least three plans for each with recommendations to the Council and detailed development of the preferred plan. *FEE•for this firm based upon $16,000 plus 25% of the building program fee. If we assumed total buildings cost not to exceed $1,500,000, the 7% fee would be $105,000 25% of which would be $26,250. This would be added to the $16,000 base. iU 0 MEMO-Architect Selection Process • page 2 3) Evaluation of existing City Hall and reconmendations for future expan- sion. 4) Preparation of sketches, model and descriptive date to generate accurate cost estimates suitable for a bond issue. The staff felt that James B. Horne (architect for the Eagen Public Safety Bldg.) did not understand the scope of work and the staff was concerned that Johnson, Forsberg did not view the scope of work as comprehensively as the rest. • Smiley/Glotter and Hodne/Stageberq understood the scope and were capable of the job but were high in fees. This left selection from the three firms with moderate fees; Architectural Alliance, Hustad, Pontinen, and Interdesign. Since much of the work done at this stage would be done as a part of the overall design process if the buildings were to proceed, each firm • submitted the amount of the original fee which would be credited. The balance, then is the figure that can be used for comparison. All three firms were very close in this fee category. However, Architectural Alliance's hourly fee was much higher than the other two. The staff committee felt that a heavy emphasis should be put on a firm's site planning expertise. Hustad, Pontinen propose to work with Charles Wood, Landscape Architect, to beef up their firm in this area. Interdesign's firm makeup and philosophy is geared heavily toward site . planning. Roger Martin is one of the in-house principals of the firm, a Landscape Architect, and has an excellent background in this type of work. Interdesign designed the Minnesota Zoo. The staff committee felt that Interdesign has the best grasp of the scope of work, the clearest proposal, and would bring the best team effort to the City's needs. We therefore recommend Interdesign as the number one choice and Hustad, Pontinen as number two. (*) Note: On Friday A.M., May 1st, the Smiley/Glotter firm submitted the attached letter • which is a revision in their proposed fee schedule. Our recommendation f(ir award remains with Interdesign, however, if the Council chooses to consider tie Smiley/Glotter revised proposal, we would suggest that the matter be continued for 2 weeks to allow the other 6 firms the opportunity to also amend their proposals. • • /0 0 Architects S.C.Smiley, 1021 LeSelle Associates Engines ,I.IL Glotlet,A.LA. Min eapelle Avenue R.Y.tsIennen,A.I.A. Minneapolis,Minnesota SS<CJ ResIaMrs O.R.Nyberg, atiauarm May 1, 1981 Mr. Carl J. Jullie City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Eden Prairie Civic Center Study Dear Mr. Jullie: Since our meeting with your Planning Committee, we have been puzzled by some of the discussion that we had at that time. it. appeared to us that there was some confusion in . the committee as to the scope of services the City was seeking and the services we were offering. This also af- fected fees as well. As you know, we enjoy a most favorable relationship with the City. Our work on the Ice Center and Community Recrea- tion Facility along with the Parks Shelter Building is well • known as well as our proven design reputation. It is our hope to continue and maintain this fine relationship. To do so we should like to modify our presentation to be more in keeping with our understanding as a result of the interview. As we pointed out, since there wasn't any specific written guideline submitted to us as an RFP, we assumed that it was of utmost importance that our planning services be suffi- ciently complete to allow for a reasonably correct building cost estimate. This estimate would•then be the cost figure used for the bond referendum to fully cover the construction needs of the total planned building program. We felt that the planning should be sufficiently detailed so that quantity cost estimate take-offs would be reasonably accurate. That is how we understood the verbal directions given us prior to the interview, and that accounts for our original proposal. /o/'/g • • f• \ Mr. Carl J. Julie Page 2 May 1, 1981 •• Our modified proposal then is simply this; - The City should definitely undertake the total scope of services we have submitted in our pro- • • posal. The final report will then be a thoroughly • comprehensive study and analysis of its immediate and long range needs. Cost projections would also be most realistic. - We are confident this program will move ahead - as a result we would agree to speculate to this extent; -- that we be engaged as the Architects/Engineers for the Civic Center Building Program to pro- vide all of the services necessary for the study report and the on-going project. -- that SGA provide the services in their current proposal for a fixed fee of $30,000.00 one half of which shall be credited to the project after passage of the bond issue and planning work is continued for construction. We sincerely hope that this will clarify our presentation and be receptive to you. We will be pleased to discuss this further with you at your convenience. Thank you for your consideration. Respectfully submitted, SMILEY GLOTTER ASSOCIATES . Smiley F IA, RAIC SCS:eh iorINC ? • MEMORANDUM 7b: Mayor and City Council ( ) . Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services hd-- DATE: • April 6, 1981 } SUBJECT: Letter From Larry Anderson, President of the Hockey Association of Eden Prairie • Mr. Anderson's letter dated March 10, 1981 requests that the "City proceed • as quickly as possible to construct the additional rinks that were appoved in our bond referendum". • Mr. Anderson indicates that the Hockey Association expects to need approximately 60 hours of outdoor ice per week beginning next year. He also indicates that the Hockey Association believes that more time should be scheduled on outdoor hockey rinks for other uses such as broomball, parties, free skating, etc. The Community Services Department agrees with.the Hockey Association in that it would be desirable to have more open skating on hockey rinks, and the City appreciates the need of the Hockey Association for the maximum number of hours on outdoor hockey rinks. Staff would like to point out that the proposed park improvements listed in the park bond referendum brochure included hockey rinks at Homeward Hills, Hidden Ponds and Duck Lake. Staff would further like to remind the Commission that those were proposed improvements based on conceptual design. In the case of Duck Lake and Hidden Ponds the park sites weren't even determined at that point. Attached to this memo is a map of the City showing hockey rinks service areas. Service areas are slightly less than one mile in radius with the solid circles showing existing hockey rink locations and the dashed circles showing proposed future locations. If hockey rinks were located at the existing Hidden Ponds location and the proposed Duck Lake Park location, the service areas of those two parks would overlap into the Prairie View and Round Lake service areas. In order to provide an additional hockey rink that is needed now, City staff would recommend an additional rink be constructed at Round Lake Park adjacent to the existing rink. City staff recommends this for several reasons: 1. An existing warming house will be constructed that will be large enough to handle the additional teams that would be generated using another rink at that location. 2. Light standards from the existing rink could be used to hold the lights that will be necessary for the addtional rink. 3. An additional rink located at this community park would be the ideal location for that extra rink that could take up the additional needs of the Hockey Association but would mainly be scheduled for open hockey, broomball and other non-organized use. • /old • . -2- Neighborhood parks at Red Rock and Homeward Hills are scheduled for development late'in 1981 or early in 1882. Hockey rinks are proposed for each of these sites. However, it may be a year or two after initial development before warming houses and hockey rinks are constructed on • those sites. A decision on the timing of construction of rinks at those locations will be determined by need for addtional rinks within the community. at that time. Additional rink locations within the City are proposed at Franlo Park, Cedar • Forest Park and Miller Park on Mitchell Lake. City staff would request the Commission to approve construction of an additional • hockey rink at Round Lake Park using park bond referendum funds. The additional rink would be constructed to the east of the existing rink in the location of the present free skating rink. The free skating rink.would be moved further to the east of the new rink. Estimated cost for construction of this rink would be $14,000. Staff would recommend funding with park bond issue funds. BL:md • • • • • • • • • • • • • /CA • ' • • APPROVED MINUTES EDEN PRAIRIE PARKS. RECREATION AND NATURAL RESOURCES COM14ISSION MONDAY, APRIL 6, 1981 7t30 P.M.,CITY HALL COMMISSION MEMBERS PRESENT: Richard Anderson, Chairperson; Marge Friederiche, Jesse Schwartz, Jerry Kingrey (8:05) COMMISSION MEMBERS ABSENT: Pat Breitenstein, Marty Jessen, Larry VanNeter • OTHERS PRESENT: Diok Dahl, E. P. News • Stu Alexander, Athletic Coordinator I. ROLL CALL The meeting was oalled to order at 8:05 p.m. by Chairperson, Riohard Anderson. • It was decided to move to Item V.B.2. so the developer present on Valley Place • Offices project would not have to wait any longer due to the late start of this meeting. V.B.2. Development Proposal —Valley Place Offices Lambert commented that this is one of the nicer projects to come through the City and Staff is very satisfied with the proposal. MOTION: Friodericho moved to recommend approval of Valley Plaoe Offices per planning staff recommendation that the trees on the site be preserved. Schwartz seconded the motion and it carried unanimously. (Return to Agenda sequenoe) II. APPROVAL OF AGENDA • Addition: V.A.1. Slope Ordinance Committee Report (Kingrey) MOTION: Kingrey moved to approve the Agenda as published with the addition. Friederiohs seconded the motion and it carried unanimously. III. MINUTES OF MARCH 16, 1981 MOTION: Kingrey moved to approve the Minutes as published. Schwartz seconded the•motion and it carried unanimously. IV. PETITIONS, REQUESTS AND COMMUNICATIONS 1 A. Letter from Larry Anderson, Pres. H.A.E.P. Lambert summarized Mr. Anderson's letter where he states Eden Prairie needs additional rinks to meet the needs of the community and that iaw • Minutes -Parks, Reoreation do .,approved April 6, 1981 Natural Resources Commission -2-. • • ( 1 the City should fulfill as quickly as possible the commitment of additional ioe rinks per the bond referendum. Lambert said he recommends constructing an additional hockey rink . - at.Round Lake Park for.the following reasons: • (1) Round Lake Park is a Community Park and Serves a • larger population than a neighborhood park ' ..___(2) The proposed park shelter at Round•Lake id Sized-to accommodate another hockey rink. - (3) Round Lake Park_is Centrally located in the community. 'Lambert further said he will meet with high school officials and j encourage the school to uss the ice rinks at Round Lake Park for f school ourriculum activities. Kingrey expressed concern that the southeast quadrant of Eden Prairie 1 is not being adequately serviced at this time in terms of hockey rinks, 1 - -and asked if a temporary rink possibly on the Preserve site could be i. - oonstructed until Homeward Hills Park or another park in that quadrant is developed. Lambert said building a temporary rink is very costly and the terrain at 'he Preserve would not accommodate another hockey z'.itik nor would the size of the-warming house there be adequate for ( two rinks. y----— i Anderson asked what the status of Homeward Hills Park,is. Lambert said 1 the City is ready to go out for bids as soon as Hustad's proceed .with Bluffs Nest III thus freeing up acreage for the park to proceed. -Lambert added that Homeward Hills is-the beet opportr -ty for bringing another hockey rink to the southeast quadrant of the .ity and he will I communicate with Hustad to find out where the project stands. 1 Anderson said he is not in favor of the high school using the hockey _rinks.at Round Lake Park in lieu of building their own. He said present curriculums (including broom ball, eto.) warrant close accessibility to • a rink. ... --- . _-.MOTION: Kingrey moved to recommend that Staff investigate both money needed and plans for constructing a hockey rink at Round Lake Park and also construction of a rink in the southeast quadrant of the City. Also that Staff negotiate with the school district to participate in a rink at Round Lake Park. Priedericha seconded the motion and it . carried unanimously. , . . . .......... . ... V. RECO:CT:MATIONS AND REPORTS t A. Reports of Commissioners 1.. Slope Ordinance Committee Report :.E«. Kingrey aaid.thero was good discussion . on theproblame of being too specific in an ordinance such as this. He summarized the /02 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MONDAY, APRIL 20, 1981 7130 P.M., CITY HALL COMMISSION MEHBERS PRESENT: Riohard Anderson, ohairperson; Pat Breitenstein, Marge Friederichs (8:30), Jerry Kingrey, Jesse Schwartz, Larry VanMeter • COMMISSION MEMBER ABSENT: Marty Jessen COMMISSION STAFF: Robert A. Lambert, Direotor of Community Services OTHERS PRESENT: Dick Dahl, E, P. News Chuck Pappas, Community Center Manager I. ROLL CALL The meeting was called to order at 7:30 P.M., by chairperson, Richard Anderson. • II. APPROVAL OF AGENDA MOTION: Kingrey moved to approve the Agenda as published. Breitenstein seconded the motion and it carried unanimously. • III. MINUTES OF APRIL 6, 1981 The following changes were made: —Kingrey: Item B.3., page 3, change the first sentence to read: "Kingrey said he questions the benefits of more laws to prevent..." —Kingrey: Item C., DISC., page 4, add to the last line: "....Appraisal Institute or other professional real estate appraisal association." —Lambert: Item B., page 5, change "Community Education Program" to "Community Leisure Program". MOTION: VanMeter moved and Breitenstein seconded a motion to approve the minutes of April 6, 1981 as published with the above changes. The motion • oarried unanimously. • IV. PETITIONS, REQUESTS AND COMMUNICATIONS ' A. Introduce Chuck Panpas, Community Center Manager Lambert introduoed Mr. Pappas to the Commission and Diok Anderson weloomed • Mr. Pappas to the City of Edon Prairie. B. Request from Hockey Association Kingrey reported that Larry Anderson, President of the Hookey Association of Eden Prairie, is injured and is not able to be present at this meeting. • 1022 • • Minutes —Parks, Recreation & unapproved April 20, 1981 Natural Resources Commission i• • Staff recommends construotion of a new hookey rink adjacent to the existing hockey rink at Round Lake Park. Lambert reported that in talking with school district staff they would be interested in jointly funded projects in the future, however they would need about one year advanoe notioe in order to plan into their budget. The sohool distriot staff would not be in a position to help fund this additional rink at Round Lake Park because they are already committed to other things with • , this year's funds. The school district staff also pointed out they would prefer all their rink activities to be indoors but in oertain cases would use the outdoor facilities at•Round Lake and in that case, Lambert said, a reasonable price could be agreed upon just to cover the City's costs. Lambert said the Hockey Assooiation has indicated it doesn't need an additional rink a full 5 days per week, so possibly one evening or so 1 • per week could be scheduled at different neighborhood park rinks throughout the City for a pickup game or,open skating. Anderson asked if the City has any plans to get more involved in broomball as so many communities are? Lambert said there is a broomball • league in Eden Prairie now and so far there are no problems scheduling ice time. Kingroy said he would like to see Homeward Hills park developed as soon an possible to provide a park and rink for that section of Eden Prairie. Lambert agreed this should be a top priority. . MOTION: Kingrey moved to approve the construction of an additional hockey rink at Round Lake Park per staff recommendation. Vanbleter seconded the motion and it carried unanimously. C. Letter from Jack Miller Regarding Hidden Ponds 1st 3 Lambert summarized the letter from Jack Miller asking if the City would accept a deed to Outlots A and B in Hidden Ponds First Addition. Lambert added that the Homeowner's Association is not working as Mr. Miller points out in his letter. , Anderson asked if any of the Homeowner's Assooiatiens in the City are maintain: ; trails? Lambert said the only one he is aware of that is functioning is in the Preserve and perhaps in a matter of time they also will approaoh the City to take over the trails, eto. Lambert said these out lots are a benefit to the City because they route people directly to the neighborhood park whore otherwise they would have . to travel blocks out of the way to get to the park. He also fools that if these outloto are left to go tax forfeit the residents may come baok to the City in a few years saying they need a trail to the park. • . 1023 • • C • MEMORANDUM • TO: Mayor and City Council THRU: Carl Jullie, City Manager • FROM: Bob Lambert, Director of Community Services . • • DATE: April 23, 1981 SUBJECT: Acquistion of the Earl More House . • During the fall of 1980, the Eden Prairie City Council met with the Historical/Cultural Commission and members of the Parks, Recreation and Natural Pesources Commission to tour the Grill house and to discuss historical site status in the City of Eden Prairie. At that meeting, the City Council decided to delay a final decision on the j future of the Grill house and to authorize staff to put on a temporary roof cover and rent the house in order to help keep the house from further deterioration. The Council also requested that Mr. Redpath • and the Director of Community Services meet with the More's to discuss , possible acquisition of their house for a future historical site and 1 l , City museum. Subsequent to that meeting City staff obtained an appraisal of the More , house. The appraisal came in at $125,000. I. s On April 22, 1981, Mr. Redpath and Director of Community Services Lambert 1 met with Mr. and Airs. More to discuss a possible acquisition of their • property. Mr. More indicated that they had an offer of $125,000 three i years ago and they personally felt that $165,000 would be a fair price for • their house and 1.93 acres. After further discussion about a possible life estate right to the premises, • • the More's indicated that they would consider selling on a contract for deed • at a price around $140,000 with the right of life estate. Mr. Redpath indicated to the More's that their comments and thoughts on the fair price would be brought before the City Council at the May 5, 1981 meeting. Mr. and Mrs. More also invited all members of the City Council to come to visit and tour the house prior to making a decision on the purchase of the property. It has been, and still is, the position of City staff that the City could not afford acquisition, redevelopment and maintenance of two historical buildings, and would recommend the acquisition of the More house as an alternative to the estimated $140,000 redevelopment cost of tho Grill farm house. I. • /02q • . • I . City staff also recommends attempting to negotiate with the More's for a life estate purchase agreement, not only to acquire the property at a lessor amount,but also to maintain reliable tenants in the facility for a number of years until the City can better afford hiring someone to maintain and develop that facility as a museum. • This item will be on the May 5, 1981 Council agenda for discussion. • BL:md • • • • • • • • MEMORANDUM t TO: Mayor and City Council . Parks, Recreation and Natrual Resources Commission !. THRU: 'Carl Jullie, City Manager ' . a FROM: Bob Lambert, Director of Community Services — F DATE: April 9, 1981 1 SUBJECT: Report of Fishing Resource Study Committee . i ' At the February 3, 1981 meeting, the Eden Prairie City Council authorized an ad hoc committee of the Parks, Recreation and Natural Resources Commission to study fishing potential on lakes in the City of Eden Prairie. Members of the committee include the following: Paul Friederichs, Dale Arndt, Bob Hallett, Dean Holasek, Bill Garens, Jim Simons, Bob Gartner, Howard Schaitberger, Bob Lambert, Marty Jessen and Robert Ostlund. ! The committee collected all of the available information on lakes and streams ! in the City of Eden Prairie and met with a representative from the Department i of Natural Resources to discuss the information gathered and feasible I recommendations for improvement of these resources. Mr. Ed Fieler, Department of Natural Resources, indicated that approximately 8 lakes have some potential for good fishing in Eden Prairie. Those lakes .are: . 1. Round Lake 2. Bryant Lake • 3. Riley Lake • 4. Staring Lake ' S. Red Rock Lake 6. Mitchell. Lake 7. Birch Island Lake 8. Lake Idlewild • The Fishing Resource Study Committee makes the following recommendations •• to improve these valuable natural resources: ROUND LAKE '1. Continue the management program that will include monitoring water • quality and most likely future restocking of walleye. 2. Construct one or two fishing piers in the lake to provide fishing to the younger people in the community. 3. Provide more boat rental and improve lake access. BRYANT LAKE 1. Encourage Hennepin County Park Reserve District to work with the DNR on stocking of walleye in Bryant Lake. 2. Improve tho carp control structure at the outlet. • • -2- RILEY LAKE • 1. Attempt to reduce the phosphorous count by informing property • owners of types of lawn fertilizer that is low in phosphorous. • 2. Upgrade the access by providing two launch areas. .- 3. Improve the rough fish control by upgrading the carp control . structure at the outlet and encouraging seining on an annual • basis. • 4. Consider constructing a barrier to the northern spawning at Rice Marsh Lake. STARING LAKE • 1. Request the DNR to upgrade their access to inclu'10 the following: a. widen the area for more parking spaces .. - b, widen the boat launch area and construct a concrete • launch pad c. request the DNR to dig a channel to the launch area • so larger boats are able to launch at Staring Lake • i 2. Request the DNR to continue monitoring and stocking pan fish in i. Staring Lake. t• RED ROCK LAKE • 1. Request the DNR to complete a netting survey and lake water quality testing during the summer of 1981 to acquire information on existing conditions in the lake. 2. Request the DNR to list the conditions necessary for the City. • to enter into an agreement with the DNR on a lake management program that might include treating the lake and stocking the lake. 3.. Request the DNR to assist in the funding of developing a public access on Red Rock Lake. 4. City should consider, as a high priority, acquiring parkland • on Red Rock to provide public access to this lake. 5. A fishing pier should be high priority in park development of this lake. 6. The City should consider zoning this lake to electric motors. MITCHELL LAKE 1. Request the DNR to complete a fish netting and lake water quality survey in the summer of 1981 to provide information on existing conditions. - r 1027 • • • -3.. 2. When the park is developed, the City should enter into a lake management program with the DNR that would include stocking the lake. 3. Request the DNR to assist in the funding of developing a City • controlled public access to Mitchell Lake. . • i 4. Public access to the lake should be the first priority in park • • development. 5. Consider developing fishing piers in park development to provide good fishing access to the youth in the community. 6. Consider zoning Mitchell Lake to ten horse power or less. BIRCH ISLAND LAKE • 1. Request the DNR to do a fish netting and water quality survey of Birch Island Lake during the summer of 1981 in order to provide the City with information for a possible fish management program • on this lake. LAKE IDLEWILD 1. Request the DNR to provide information on Lake Idlewild to determine if this is still a viable fish management lake after the outlet ( has been constructed. The Fishing Resource Study Committee makes,these recommendations to the Parks, Recreation and Natural Resources Commission and requests the Commission ' to forward these recommendations to the Eden Prairie City Council. The committee will next meet in September after the Department of Natural Resources has completed some of the requested surveys and has a additional information on some of these lakes. The Fishing Resource Study Committee also wishes to inform the Parks, Recreation and Natural Resources Commission and the City Council that they are willing to work with the City respresenatives and the DNR on proposed lake management programs for any of the lakes mentioned. • BL:md cc: members of committee For Your Information • • • • • Io2B ,. 4 • P MEMORANDUM • TO: • Mayor and City Council Parks, Recreation and Natural Resources Commission • THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of. Community Services { DATE: April 15, 1981 i . SUBJECT: Outlets A and B Hidden Ponds (First Addition) Attached to the memo is a letter dated April 9, 1981 from Jack Miller asking the City Council if the City will accept a deed to Outlets A $ B in Hidden Ponds First Addition. j Mr. Miller's letter explains that the outlots in the first addition were intended and have been kept in there natural state, except for the j pedestrian paths constructed. It should be noted that the only place i those outlots are in their natural condition is the relatively narrow • strip of land between Duck Lake Trail and the pond in Outlot A. The remaining portion of the outlots are being maintained as parts of the adjacent properties yards. After reviewing the condition of Outlets A and B and the trail constructed . • within those outlets, staff would like to bring the following information to the attention of the City Council: 1. The adjacent property owners are presently mowing the grass in all of the outlots with the exception of the area adjacent to Duck Lake Trail. „ • 2. The bike trail appears to have been developed using four inch • deep strength asphalt and is in fair condition. The entire length of the trail should be seal coated this year and approximately 150' of the trail should be replaced either before the City accepts the trail or as soon as the City accepts the trail, as the existing conditior; present a liability concern. 3. The City presently has drainage and utility easement over these outlots. 4. The general public uses the trails. 5. The trails will not be maintained unless we do it because the Homeowners Association is not working as a vehicle for maintenance of these trails for the reasons listed in Mr. Miller's letter. City staff believes that it would be appropriate to accept these outlasts • under the following conditions: /029 • -2- a. Members in the Assoicaiton agree that the City will not be responsible for mowing within these outlots. • b. That the City take immediate steps to correct the few dangerous situations on the asphalt path. The cost for the pathway improvements would be approximately $2,500 to $3,500, depending on whether the City was able to do the seal coating or if it had to be contracted. Estimated cost breakdowns are as follows: Replacing asphalt that has washed or heaved: $1,800 Seal Coating: $700-$1,700 depending on City or contracted This item will go before the Parks, Recreation and Natural Resources • Commission on April 20 and before the City Council on April 21st. • BL:md • • • • • • • • • • /(i O • , . MILLER & NEARY • ATTORNEYS AT LAW JoaN(JACK) M.Mu.LtR Sorts 606 RODERT J.NEARY PARR NATIONAL BANK BUILDING • Jos6PU M.GOLDERRO 5909 WAYZATA BOULEVARD �L1RN J.11ANDP.RPRLD MINNaAPOLIB. MINNEOOSA 55436 Pnonn,Ole-544•1677 GAY B.URIass SLANT R.WATSON O7 COUNSEL, • 1 April 9, 1981' DAVID E.ZINB Mr. Carl Julie, City Manager • City of Eden Prairie ., ,. 8950 Eden Prairie Road • ' Eden Prairie, Minnesota 55344 Re: Outlots A and B, Hidden Ponds (first addition) i Dear Mr. Julie: Congratulations on your appointment as City Manager! From what I have seen and heard of your work for the City in prior years, the City Council should be commended for a wise choice. Now that the kindly but true remarks are out of the way, may I address you with a small problem concerning Outlots A and B in Hidden Ponds (first ( addition). As you may know from the City records, legal title to these outlots rests with a dormant non-profit corporation known as "Hidden Ponds 1 Homeowners Association" and organized by the original developer,.Ecklund $ 7 Swedlund (enclosed is a copy of my November 9, 1978 letter to the City which sets out in a bit more detail ownership facts on Outlots in both Hidden Ponds and Hidden Ponds Second Addition). . i The outlots in the first addition were intended and have been kept in their natural state, except as I understand it, the original developer did construct j. some.cart.paths. Although the outlots arc to be kept in a natural state, there is or will be some need for minimal maintenance from time to time. Yet • the association is not working out to be a vehicle for doing this maintenance. One reason is the Chapter 11 of Ecklund f, Swedlund and its effective withdrawal over the past few years as the prime developer for the Hidden Ponds project. A second reason is that homeowners in Hidden Ponds' (first addition only) are not members of this association by virtue of buying their property. Thus there is no legal machinery for the association to raise dollars for assessments and • to use those dollars for whatever minimal maintenance is necessary. A nunber of residents in the first addition have called me as attorney for Hidden Ponds Second to see if there is some solution. One that has been brought up in the past which is probably both best and the most simple is for the outlots to be deeded to the City. A you can see from the enclosed plat, • the City already owns Outlot C in Hidden Ponds Second Addition, which as part • of the original development must have been intended to be a connecting link for all of the outlots in both additions. Also there is that portion of . Outlot B in the Second Addition that the City also owns, which makes the City an integral outlot owner for the entire trail system in Hidden Ponds first and ' second additions. Whatever maintenance procedures the City implements for its outlots would seem to be easily extended to pick up Outlets'A and B in tho first ' addition. , '1 • i • • Mr. Carl Julie, City Manager i ... April 9, 1981 -- Page 2 In any event, this letter is sent to you in the farm of a question: will the City accept a deed to Outlets A and B in Hidden Ponds (first addition) if such deed can be made available? A yes answer I believe would ring a harmonious note with any concerned residents in the first addition. • Thank you. Very truly yours, MILLER F, NEARY (Jack) M. Miller JMM:ew ( Encl. • c/c Bruce and Maureen Brady 18216 Valley View Road Eden Prairie, Minnesota 55344 c/c Jack Peterson 7157 Ticonderoga Trail Eden Prairie, Minnesota 55344 P.S. As for the status of the Homeowners Association in Hidden Ponds Second, enclosed is a copy of a letter dated March 24, 1981, outlining what recently has happened to activate that association by the residents who through their property purchase became members of the association. JMM • /032 • Mii.t.rat. Nt':.tity & /4lN • AY9•ua\r:Yri AT LAW J 1111N Om'")A111.I.NN • 152 13011111 PLAZA n1.1N1. II11ularr J.NAANT (JAMUL':1:KN11:11 I1Av11,E.IINN ufKN►A1'UI.IN.m1114N1 N11TA 11111111 JIINAYN N.1:oLunYNu rm....144.11111 Hoveruber 9. 1978 lir. Carl Julio, City Engineer City of Eden Prairie 11�.11 PA cchet) Read Ede, Prairie, i'linnusote 55344 He: "Coupon Area" in HP I and II and Hoc,eowrlers Associations Dear Kr. Julie: This is to confine as I understand It the legal status of the cowmen area property in HP i and II and any homeowners Associations incorporated to held title to then. Attached is a copy of the plat of both HP I and UP II on white I have made some marks to show legal status of the outlets involved in the treilway system (Outlets A and 13 in HP i and Outlets A, U and C in 11P 11). Other • outlets are shown but are not part of the trailway system. . Attached is a list of these outlets by legal description and current fee title ownership as shown in the records of the Registrar of titles. You will see in HP Ii that part of Outlets A and U and Outlet C are already In ownership by the City of Eden Prairie. The rtmainlne parts of Outlots A and U aro in a Homaowrlers Association known as "1iidueu Ponds liOaleuwners Association of Eden Prairie." This association is an existihy curpuration organized by Ecklund & Swedlund as the developer including recorded covenants. In HP I both Outlots A and U are by fee title in the name of "Hidden Ponds homeowners Association." This is a separate corporation originally organized by Ecklund & Swedlund again for purposes of holding title to the eour.tin area. However. there never were recorded any covenants, and so all of the property Wet has been sold in 11P I has beat without legal reference to Outlets A and B. For the future a thought all of us might consider to sid.plify legal title to the trallway system properties would be to have the City owe it all. in other words. if in a loyally proper sense title to both Outlots A and u in HP 1 and the remaining parts of Outlets A and B in HP 11 could he tr"u.lerred to the City with ie movement$ cuempleted. it would seen to 1.43 in t.ld tN_«t interests of the rusiduuts in the bidden Ponds development. the euacan area involved hero is nut uric of physical structures, but rather one ul .1 neture area to be left as much natural as possible with the occesiur.al EASONal maintenance that would be required for the pathways. In °t el welds, it would seem to make more sense to treat these particular culeaen areas like the streets and other tounun ieiiroveuents which prim June end approved by the Lily are 'better left to City claitrol. • • io33 . ,y • Hr. Carl Julie, City Engineer November 9. 1978 -- Page 2 --•- - _- -Speaking on behalf of the successor developer. we would be happy to sit down _< with you or other avers of the staff or the City Manager or even the. Council . and discuss what makes sense under the circumstances. • Thank you. -- Very truly yours. • MILLER, UEARY a ZINS John (Jack) M. Miller Jil::ew - . . _.. . ( Encls. . • c%c Hidden Ponds Second • ,03q I` • lilu.a.l:i . Ni:.%in r A'r1'ull\fax .IT LAW • Iil:rrN lillll .11111N %JAI%) 51.Nu.1.NN • SUNN 31rur..U.1:1.N III u.•r... nulu:u7 J. �K•.IIY . bt198 11.1rr 1 I INe.I e%INI, .InxNru fl.4ul.uul:uu •.r .... _ �• - —- AnN\N.\I'Ifl.lx• ?I I:n YN.+rrl'1 .1•.I ltl •--- - • - Noma.YIP• 314.1a77 11\111,.1 HA xl•1:11/'I:I.Ir 1;\1' II,1I1.4eII , MISSY It. WA7x,IN „r 11111.14r1YI.. March 24, 1981 1/NI'lll F:'LINN Mr. Larry,.h...Beu} _•fr__ Attorney at Law 744 East Lake Street • Wayzata, Minnesota 55391 Re: Hidden Ponds Homeowners Association of Eden Prairie Dear Mr. Berg: • This is to acknowledge that through the efforts of some of the residents in Hidden Ponds Second and your office as counsel for them, a meeting was duly called and held by the Hidden Ponds homeowners Association of Eden Prairie. On behalf of Hidden Ponds Second (a limited partnership) as owner of a number of the remaining undeveloped lots I was in attendance at this meeting. First, the residents in attendance and you and Mr. Hassel •should he ' conuaended for the orderly fashion in which the meeting was not only called but also conducted. Amidst much underlying emotion and some misunderstand- ing of fact and law, the meeting nevertheless was orderly and I think con- structive for all. No. 1. It is acknowledged that the Association has now been activated :and a new Board of Directors (7) has been elected. It is my under- standing with the assistance of your office they will be meeting, • electing officers, and from this point carrying on the administration • of the Association. No. 2. Enclosed for your custody is the original corporate record book for • the Association. I recently obtained this from Attorney Al Michals who represented Ecklund & Swedlund and was involved in the formative stages of the development, including the Association. You will see where the record book has in it the original Articles of Incorporation dated March 15, 1076, original Certificate of incorporation dated April,8; 1976, original re-staled Articles of incorporation dated May 19, 1976, and By-laws, Until this meeting of March 18, 1981, - the Association to my knowledge has been totally inactive and within', dues. . 103S • • (1 -. . • • Mr. Larry J. Berg • March 24, 1981 -- Page 2 • • No. 3. Hidden Ponds Second as you know is d limited partnership and r'. • fee owner of 39 lots remaining, of which 13 lots are subject to outstanding purchase agreements. Since ihLenrber 31, 1980, there . • is no longer a "Developer''." Class 0 stuck, and s0 Hidden Ponds Second is now in the same category, as any lot owner. Fran a voting standpoint, this is one vote for each lot. 4 No. 4. The activated Association through its Board, officers, and general ' membership meetings where necessary will no doubt be developing it.. • policy on what should be done with the common areas in hidden fund•. • • I1. The split in ownership of the common areas between the City • of Eden Prairie and the Association was reviewed at the meeting for the benefit of all the residents. It could well be to the best • interests of the residents to maintain an active Association and . perhaps work out some agreement with the City for whatever minimal maintenance will be necessary. Also, the comunon area in the first addition of hidden Ponds may be of consideration. • No. 5. Ownership of Outlots A and 0 in hidden Ponds (first addition) is 1 presently in a non-profit corporation known as "Hidden Ponds Homeowners Association." Enclosed for your background information is a copy of Articles of incorporation dated December 6, 1973, and the Certificate of Incorporation dated December 10, 1973. Again this corporation has never been activated. However, there is a legal difference between buying a lot in the first addition and in Ilidde•ri Ponds Second Addition. In the first addition homeowners are not • required to be members of any Association. Record title Lo the lids shows a standard declaration of covenants,conditions and restriction. • (filed August 4, 1977, see copy attached). What should be done with these two outlets in the first addition to take them out of "limbo" is a good question. Once the Association in Hidden Ponds Second works out with the City what they .want to do with their dual ownership in the second addition, perhaps some solution will emerge as to whit to do with these outlots in the first addition. This canpletes my comments, and should you see any points for further dis- cussion, please let me know. incidentally, the hidden Ponds Second Assuci,rlruu should direct any contacts, including notices of meetings, etc., to hidden Ponds Second (as a lot owner) in care of my office. Thank you. Very Truly yours, • Mink & hEARY JMM:ew John (,lank) M Miller ; Ends. 't . e/e hidden Pond:: Second 1/3(.0 1 c/o Dick Knutson . • PLAT OF HIDDEN PONDS: Legal: (R/T Ctft 1550866) Fee Title: Hidden Ponds Homeowners Association • PLAT OF PO'll'S StCU:iD ADDITION: Legal: That part of Outlot A lying southeasterly of a line drawn parallel with and 78.e0 feet rhwesterly from tha northeasterly linerofLsaidterly 0utlotiGeand it slut G, G, as measured along the southwesterly extension; That part of Outlot B lying southerly and southeasterly of Blocks 11 and 12 Blockd of 12, toe line drawn frhe Lote10l, Block of 11; Lot 4, 11; That part of Outlot Il lying southwesterly of a line dram southeasterly at a rignt angle to the northwesterly line of 0utlot 11 from a point un said northwesterly line distant 355 feet northeasterly from the most westerly corner of Outlet 0; Outlot C and Outlot G. Fee T1tle: (1 Ctft. I 530796) • • ly of a line Legal: parallel with andt7II.50a eetl1northwesterly from ereof lying athe rno drawn northwesterly line of Outlot f, as measured along the northeasterly line of said Outlot G and its southwesterly extension; Outlot B. except that part thereof lying southerly and southeasterly of Blocks 1 and of Lot 4, Block 212 to the hsoutheasterly fcorner rom eof Lott s10, Blockoutherl c corner and of 11. Fee Title: Hidden Ponds homeowners Association of Eden Prairie. Minnesota (a Minnesota non-profit corporation). (WT Ctft. 4531511) • • iO3/ • . - ,. ... . — . . ' -• ., — ,... .• • „ . • . ' I • . • 1• • . . _. . • • • 1 . • • • • . I - ......-..........TA T. AISIANAV . ,0! 8......-.1 i-,. -...-• ! 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J ` x5 > a g 2 m co. m W y O o E. At W WNNN +++ O ON OOIT tnOO1T ITUOI 3 33333333333 • cc X N zzzzzzzzzz zzz n °< STATE HWY. 100 I n • O F m T ___40, . • O. '�INTERS TATF A Y x co A C - Ala a O a • 3 3SW a O • • Z STATE \40. HWY. 36 N y DT Ce O a 1 Hi MAi Minutes —Parks, Recreation & unapproved April 20, 1981 natural Resources Commission —2— • • Staff recommends construction of a new hockey rink adjacent to the existing hockey rink at Round Lake Park. Lambert reported that in talking with school district staff they would be interested in jointly funded projects in the future, however they would need about one year • advanoe notice in order to plan into their budget. The school district staff would not be in a position to help fund this additional rink at Round Lake Park because they are already committed to other things with • this year's,funds. The school district staff also pointed out they would prefer all their rink aotivities to be indoors but in oertain cases would use the outdoor facilities at•Round Lake and in that case, Lambert said, a reasonable price oould be agreed upon jubt to cover the • Cityle costs. • Lambert said the Hockey Association has indicated it doesn't need an additional rink a full 5 days per week, so possibly one evening or so per week could be scheduled at different neighborhood park rinks throughout the City for a pickup game or open skating. • • Anderson asked if the City has any plans to get more involved in broomball as so many communities are? Lambert said there is a broomball league in Eden Prairie now and so far there are no problems scheduling ice time. Kin grey said he would like to see Homeward Hills bT y park developed as soon as possible to provide a park and rink for that section of Eden Prairie. Lambert agreed this should be a top priority. MOTION: Kingrey moved to approve the construction of an additional hockey rink at Round Lake Park per staff recommendation. Vanhioter seconded the motion and it carried unanimously. C. Letter from Jack Miller Regarding Hidden Ponds 1st Lambert summarized the letter from Jack Miller asking if the City would accept a deed to Outlets A and B in Hidden Ponds First Addition. Lambert added that the Homeowner's Association is not working astir. Miller points out • in his letter. Anderson asked if any of the Homeowner's Assooiations in the City are maintains trails? Lambert said the only one he is aware of that is functioning is in the Preserve and perhaps in a matter of time they also will approaoh the City to take over the trails, etc. • Lambert said these outlota are a benefit to the City because they route people directly to the neighborhood park where otherwise they would have to travel blocks out of the way to get to the park. He also feels that if those outlets are loft to go tax forfeit the reeidonts may oomo back to the City in a few years saying they need a trail to the park. • • 1040 • • Minutes -Parke, Recreation& unapproved April 20, 1981 Natural Resources Commission -3- • Sohwartz expressed concern that if the City sets a precedent in aocepting these outlets, will it then be asked to accept all the other unmaintained trails in the City? Perhaps a condition of acoeptance be that the trails be upgraded first by the residents and then the City will take over. • VanMeter expressed agreement with this approach. • MOTION: Kingrey moved to request Staff reinvestigate ownership and/or legal authority for outlets A and B Hidden Ponds First Addition. Also that staff investigate the manner in which that ownership may be con- veyed to the City and the possibility to define maintenance responsibility of the outlots (private or City reeponsibility) and the e.anner in which they might be assessed to other parties City-wide and bring this infor- • mation back to the Commission. The motion died for lack of a second. • Lambert said it is important to realize that 4aok Miller is simply asking if the City will accept the outlots, yes or no, and the conditions can be determined at a later date. • Kingrey said he would still like the above questions answered before he would feel oomfortable giving a yes or no answer. Mr. Anderson turned the chair over to Mr. VanMeter at this point. g. MOTION: Anderson moved to recommend the Council give Mr. Miller as affirmative response under the following conditions: • #, 1) the area of Hidden Ponds acoept responsibility of putting trails in order themselves, or accept assessment the City would impose to put the trails in order; 2) the care and maintenance of the trails and outlots be the responsibility of the City. . Breitenstein seconded the motion. The motion carried with 4 in favor and 1 opposed (Kingrey). The chair was turned back to Mr. Anderson.. • D. Letter from Marilyn Egerdal, Administrative Assistant HCPRD Lambert referred to Ms. Egerdal's letter of April 14, 1981. No notion required. E. Letter from John Perkovich -MRPA Lambert referred to the March 26, 1981 letter from Mr. Perkovich regarding • the status of L:.WCON funds. Due to federal cutbacks there is a freeze on 1981 funds and the City probably cannot count on any LAWCON funds for 1982. Lambert added that State matching funds for 1982 do not look good either. • ion CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST May 5, 1981 CONTRACTOR (MULTI FAMILY & COMM.) Adolphson & Peterson, Inc. Barbarossa & Sons, Inc. Construction 5, Inc. F. F. Jedlicki, Inc. Jordahl Constuction, Inc. Leslie Builders/Nikebilt, Inc. North Star Services J. Warren Co., Inc. { CONTRACTOR (1 & 2 FAMILY) I. F. C. Construction Michael McCalvy Co. l i HEATING & VENTILATING Dronen's Heating & Air Conditioning, Inc. PLUMBING Mac Donald Plumbing Co. The Plumbing Place Spartan Mechanical, Inc. H. L. Swanson Plumbing OUTSIDE SEWER & WATER Gallati. Excavating, Inc. PRIVATE KENNEL LICENSE Daniel Rosen - Public Safety Report Attached These licenses have been approved by the department head T;onsib e for the licensed activity. fl-n Pat(a So le, Licensingce erk /oa2 • • DATE: April 30, 1981 TO: Pat Solie FROM: CSO Pauline Olson Pm SUBJECT: Private Kennel License Investigation of 10266 Laurel Drive The dwelling is a private home in a residential area. Checking with the City Assessor's office, the lot was found to have 100 feet in front, 116 feet in back, east side 165 feet, and the west side is 127 feet. According to the Rosen's application they have three dogs and are kept in the house - as house pets. I observed the yard and it appeared to be clean and well taken care of. The dogs were not barking when I first arrived in the area; however while talking to the next-door neighbors they started to bark. As soon as I left the area near their house the dogs quit barking. The neighbors comments are as follows: "No problem. They keep the dogs on a chain in the yard when they are outside." "They keep the dogs contained and in control. They yeap a little but that is no problem. I don't see any problem in the fi.ture." "There is no problem. The dogs never wander and they seem to take care of the dogs." "We have no problem with the dogs. They keep them tied up. When you walk by they will bark but that's what they are for." "We have no problem with their dogs only thing that I wouldn't want to see is if they wanted to board dogs. Raising dogs fine - boarding dogs, no!" "No! I am against it. They don't need a kennel license. There is adequate room else where in the country a few more miles out to raise dogs. Two dogs should be great plenty." 1q3 .