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HomeMy WebLinkAboutCity Council - 05/19/1981 HOUSING AND REIEVELIPMENT AUTHORITY -' TUESDAY, MAY 19, 1911' 7:31 NI, CITY HALL „BUSING & REDEVELOPMENT AUTHORITY MEMBERS: Wolfgang Penzel, George Bentley, lean__ • Edstrom, Paul Redpath and George Tangen • HOUSING & REDEVELOPMENT AUTHORITY STAFF: City Manager Carl Jullie, Finance lirector' ' John D. Franc, and Karen Michael, Recording' Secretary 1 ;INVOCATION: Wolfgang Fenzel 1PLEDUE OF ALLEGIANCE T MOLL CALL 14. CALL MEETING TO ORDER • • II. DISCUSSION ON TAX INCREMENT FIUANCING , III. AJOURN MEETING . rEIEN PRAIRIE CITY CIDNCIL —'JESDAY,,MAY 19, 19111 • Immediately following Housing & . Redevelopment Authority Meeting ),COUNCIL MEMIERS:1 . 'Mayor Wolfgang Fenzel, George Bentley,' -- lean Edstrom, Paul Relpath and George Tangen COUNCIL STAFF: City Manager Carl Jullie; City Attorney Roger Pauly; City Engineer Gene lietz; .Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Bob Lambert; and Karen Michael, ' Recording Secretary 1 'I. APPROVAL OF AGENDA AN1 OTHER ITEMS OF BUSINESS II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 1911 Page 1144 • III. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 11-11, rezoning 4 acres from Rural to page 1153 �---� Office for town offices (Valley Place Offices) ly C.S.J. leveiopment v and developer's agreement D. Agreement No. PW 1G-41-81 with Hennepin County for channelizatian 'Page 1Ii$ and preparation for traffic signals at Co. Rd. 4/Valley View Rd., I.C. 51-3251V (Resolution No. 11-lIl City Council Agenda - 2 - Tues.,May 11, 1111 C. Agreement No. PW 21-4641 with Hennepin County for road improvements Page 1SGl on Co. R4. 1 at Tit 169, I.C. 51-311C (Resolution No. 11-112) D. Old Farm 2nd Addition - preliminary and final plat approval Page 1070 (Resolution No. 11-113) E. Castle Ridge - final plat approval (Resolution No. 01-104) Page 1072 IV. PAYMENT OF CLAIMS NOS. 6411 - 1616 Page 1075 V. REPORTS OF ADVISORY COMMISSIONS VI. PETITIONS, REBUESTS & COMMUNICATIONS A. Willow Creek 2nd Addition by Elaine L. Sorensen, Joel R. Harding Page 1660 & Kathleen J. Harding. Jahn P. Wilkie & Bonita Wilkie, Vernon C. Geiger & Barbara A. Geiger, and Gerald Schoenfelder. Request to replat Willow Creek Farm into 5 residential lots and 3 outlets. Located south of Bryant Lake and west of Flying Cloud Drive (Resolution No. $1-46) B. Request from Hans Hagen Homes to incorporate an additional Page 1510 quadraminium building type in Northmark 3rd and 4th Addition VII. .REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment to the Historical & Cultural Commission to fill . an unexpired term to 2/26/64 • B. Report of City Attorney 1. Discussion on Tax Increment Financing C. Report of City Manager O. Report of Director of Community Services • ' / 1. Swedlund property appraisals Page 1013 • 2. Earl & Helen More house acquisition Page 1515 3. Red Rock Park acquisition Page 1017 yPage 101$ �; P`• 4. Authority to advertise for bids for tennis courts at Middle g School and Creekwood Park E. Report of City Engineer 1. Consider bids for Lake Idelwild Drainage Outlet, I.C. 51-365 Page 1S 99 Resolution No. $1-97) 2. Consider bids for improvements on W. 70th Street, I.C. 51-344C Page 1101 TReselutienn No. Bl-si) City Council Agenda - 3 - Tues.,May 19, 19$1 a �'�3. Consider bids for traffic signal at TH li!/Anderson Lakes Pkwy., Page 1104 Or,. I . 51-341A (Resolution No..81-99) • eceive feasibility report and order utility im rovements for Valley Place Sffice Park, I.C. 51-41 (Resolution No. 81-155) Page 11K F. Report-of Finance Director C/ 1. Gnsiler proposals for the City's insurance Pape 1147 2. Clerk's License List tape 1119 VIII. NEW BUSINESS IX. ADJOURNMENT. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 5, 1981 7:30 PM, 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, Planning Oirector Chris Enger, Director of Community Service Bob Lambert, Director of Public Safety Jack Hacking, and Recording Sec- retary Karen Michael INVOCATION: Councilman George Bentley ROLL CALL: All members present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to VII. C.: 3. Memo re: Public Hearing Policy and 4. Appointment of City Engineer. MOTION: Bentley moved, seconded by Tangen, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, APRIL 21, 1981 MOTION: Edstrom moved, seconded by Bentley, to approve the minutes of the April 21, 1981, Council meeting as published. Motion carried unanimously. III. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 81-07, rezoning properties in the 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 I69/Co. Rd. 1 intersection, I.C. 51-311 (Resolution No. 81-91) C. Receive 100% petition and order improvements on Franlo Road west of Preserve Blvd. and Darkenwald 1st Addition, I.C. 51,331 (Resolution No. 81-92) D. Final plat approval for Olympic Hills 7th Addition (Resolution No. 81-93) • E. Request to set Public Hearing for June 2, 1981, for Municipal Industrial Development Bonds in the amount of $850,000.00 for Volunteers of America Care Facilities Project F. Request to set Public Hearing for June 2 1981, for Municipal Industrial Development Bonds in the amount of $1,072,500.00 for Minnesota Supply Company Project MOTION: Moved by Redpath, seconded by Bentley, to approve items A - F on the Consent Calendar. Motion carried unanimously. ( i • 1 City Council Minutes -2- May 5, 1981 IV. PUBLIC MEETING • ( A. Scoping Report for County Road 62 City Manager Jullie stated that notice of tonight's meeting had been published in the Eden Prairie News and that notices had been sent to property owners. He then introduced Richard Wolsfeld. Richard Wolsfeld, representing BRW, spoke to the Scoping Report. He said a meeting will be held at Minnetonka City Hall at 10 a.m. July 8th at which time cities and agencies would be formally asked to comment on the Scoping Report. He said that there are four areas of concern: aesthetics, noise, wildlife, and water quality. Various issues and impact areas are discussed in the re- port and were highlighted by Wolsfeld. Discussion centered on access to Bryant Lake Park, the western terminus at the intersection of County Road 4 and Townline, and bridge profiles. Dean Holasek, 6475 Rowland Road, questioned the need for an off-ramp at the Rowland Road intersection. John Palm, 6389 St. John's Drive, asked if consideration has been given to public transportation, whether or not the moraine just west of St. John's Woods has been protected, and wondered why the Crosstown has to go further • west Oa n 494. Al Harrison, 6941 Beach Road, expressed concern about the alignment of Beach ( Road to the east of its present junction with what would be the Crosstown extended. Warren Gerecke, 6622 Golden Ridge, wondered how drivers would react to two signalized intersections within a short distance. He was concerned that by not considering this a freeway, a situation such as that where 35W and the Cross- town use the same roadway for a short distance in Richfield would be created. Susie Hummel, 6362 St. John's Drive, asked whether or not the original plans for the Crosstown were for it to go all the way to 101. Harrison asked if something more than just a notice, perhaps a one-page summary of the Repoct, could be sent to residents of the area. MOTION: Tangen moved, seconded by Edstrom, to instruct Staff to incorporate the comments heard tonight into a formal response which will be considered by the Council prior to the July 8th meeting. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 6235 - 6418 MOTION: Moved by Redpath, seconded by Tangen, to approve Payment of Claims Nos. 6235 - 6418. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye". Motion carried unanimously. City Council Minutes -3- May 5, 1981 VI. REPORTS OF ADVISORY COMMISSIONS A. Report from the CAG Highway #18 Study Group (Joe Adams and Jim Osberg) Joseph M.D. Adams and James Osberg, representatives of the Citizens Advisory Group, spoke to the Report. (See attached outline and request.) They pointed out that 4 corridors are under study, with variations within those corridors. They are hopeful that the Normandale crossing will remain as one of the alternatives. Redpath reminded the Council of a 1973 "Metcalf" bill which was passed and to which should now be referred. Edstrom commended Adams and Osberg on a great job and said that their work reflects the attitude of the Council. He stated that a Slopes Ordinance is • being studied now and perhaps the question of bluffs should also be considered. City Manager Jullie stated that a letter had been sent to the County regarding the inclusion of Normandale Boulevard north of Old Shakopee Road as a part of the CSAH 18 Study. MOTION; Edstrom moved, seconded by Tangent to request the County to keep the Normandale option open, Motion carried unanimously, Further discussion centered on the demolition of the present bridge and the total cost of the project, MOTION; Moved by Edstrom, seconded by Bentley, to ask Staff to prioritize the improvements as Eden Prairie sees them to adopt a statement regarding the preservation of the bluffs in Eden Prairie, and to draft a position statement allowing Eden Prairie to state to governmental agencies where we stand and what we are asking them to do, Motion carried unanimously, Bentley requested that Adams and Osberg be invited to attend the next meeting of the Slopes Ordinance committee, V1i. REPORTS OF OFFICERS, BOARDS, & COMMISSIONS A. Reports of Council Members 1. Appointment of Minnetonka Communit, Education Council representative MOTION; Tangen moved, seconded by Bentley, to appoint Merle Gamm as Eden Prairie's representative to the Minnetonka Community Education Council, Motion carried unanimously. 2, Councilman Bentley . announced there would not be another meeting of the Solid Waste Site Selection Committee, B. Report of City Attorney There was no report, City Council Minutes -4- May 5, 1981 C. Report of City Manager 1. Agreement for right of entry with Golfview Investment Company and Equitable Life Assurance Company for waterworks improvements • • MOTION: Tangen moved, seconded by Bentley, to approve the right- of-entry agreement for waterworks construction, Motion carried unanimously. {{ 2. Selection of architect for the design of the expansion of Public Safety offices and maintenance facilities City Manager Jullie spoke to his memo of May 1, 1981, in which the process used and fees were discussed, • MOTION: Redpath moved, seconded by Bentley, to hire Interdesign _ as the architect for the preliminary design of the Public Safety facility. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye". Motion carried unanimously, 3. Public Hearing Policy City Manager Jullie referred to his memo of April 30, 1981, in which he addressed the public hearing policy. MOTION: Edstrom moved, seconded by Redpath, to authorize Staff to again begin setting public hearings for development proposals. Motion carried unanimously, 4. City Engineer appointment City Manager Jullie announced that Eugene Oietz, presently employed ii by RCM, has accepted the job as City Engineer and will begin working i . for the City on May 18, 1981. D. Report of Director of Community Services 1. Hockey Rink at Round Lake Park MOTION: Tangen moved, seconded by Edstrom, to approve construction , of an additional hockey rink at Round Lake Park as per recommendations outlined in Community Service Director Lambert's memo of April 6, 1981. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye" �au'7 City Council Minutes -5- May 5, 1981 2. Acquisition of the Earl More House t Director of Community Services Lambert spoke to his memorandum of April 23, 1981, in which he addressed the acquisition, He recommen- ded that the purchase be budgeted for over a five year period with a contract for deed. MOTION: Redpath moved, seconded by Edstrom, to instruct Staff to pursue the More House purchase based on Lambert's memo. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye'. Motion carried unanimously. Earl More, 8107 Eden Prairie Road, invited the Council to come to see the house at any time. 3. Fishing Resource Study Committee Report MOTION: Redpath moved, seconded by Bentley, to accept the report of the Fishing Resource Study Committee and to approve the recommendations included in the report. Motion carried unanimously. 4. Outlots A & B Hidden Ponds Community Services Director Lambert referred to his memo of April • 15, 1981, in which he addressed the Hidden Ponds Outlots. Penzel said he was against the City accepting the deeds to the out- lots as it would be setting a precedent. Bentley agreed stating there are several areas in the City where there are such outlots and homeowners' associations might look upon this as an easy out. MOTION: Redpath moved, seconded by Edstrom, not to accept a deed to Outlots A & B in Hidden Ponds First Addition. Motion carried unanimously. E. Report of Finance Director 1. Clerk's License List The question of a private kennel license for the Rosen's at 10266 • Laurel Drive was discussed. Hugh Overstreet, 10246 Laurel Drive, asked what the minimum lot size was for a kennel license to be granted. Ed Murnane. Sherwood Estates, expressed concern that two animals is adequate for any house. MOTION: Moved by Redpath, seconded by Tangen. to approve the Clerk's License List with the exception of the Rosen's Kennel License which will be continued to May 19, 1981. Motion carried unanimously. • • /Out City Council Minutes -6- May 5, 1981 VIII. NEW BUSINESS • ( There was none. IX. ADJOURNMENT MOTION: Moved by Redpath, seconded by Tangen, to adjourn the meeting at 10:54 p.m. Motion carried unanimously. • • I9 � ` • 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) • • 1. 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 (CAG) will be asked how to best schedule and 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. upgrading of 169, ' G. To strive for the completion of the 212 corridor, the upg 9 as promised by the Met Council, before CSAH 18 becomes a major thoroughfare. iv. Apparent positions taken by other CAG 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. 1(6 0 B. Bloomington • l. 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. d • 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 I 1. To provide a crossing to their residents. 2. To balance the CAG 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, DDS. REQUEST FROM EDEN PRAIRIE CITY COUNCIL ( I. UNIFY VARIOUS TRANSPORTATION PLANNING i.e. 169-212., 62, Ring Road Project II. CALL IN PROMISES FROM HENNEPIN COUNTRY AND STATE OF MINNESOTA BEFORE ANY CONCESSIONS ARE MADE FROM EDEN PRAIRIE REGARDING CSAH 18 PROJECT. III. THE ENACTMENT OF A UNIFIED PLAN TO PRESERVE THE NATURAL STATE OF THE BLUFFS ACROSS THE ENTIRE SOUTH OF EDEN PRAIRIE. ''_ IV. ISSUE A FORMAL STATEMENT REGARDING EDEN PRAIRIE'S COMMITMENT �. DESIGNATING CSAH 18 AS AN ARTERIAL RATHER THAN A FREEWAY ARTERY. V. FQRMALLY PETITION BARTON-ASCHMAN AND THE COUNTY OF HENNEPIN TO INCLUDE NORMANDALE BOULEVARD NORTH OF OLD SHAKOPEE ROAD AS PART OF THE CSAH 18 STUDY. • VI. INITIATE A FORMAL LIASON PROGRAM WITH BLOOMINGTON AND HENNEPIN COUNTY IN HOPES OF BETTER UNDERSTANDING EACH OTHER'S POSITION. VII. SEEK FOR FORMAL COMMITMENT FROM THE MET COUNCIL REGARDING THEIR COMPREHENSIVE PLAN. VIII. PETITION ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, BREDE GRAIN ELEVATOR IN SHAKOPEE TO COMMIT REAL NEED FOR COMMERCIAL BOAT TRAFFIC WEST OF NORMANDALE. 105Z / Valley Place Offices RAP CITY OF EDEN PRAIRIE I NNEPIN COUNTY, MLNNLSOTA Ordinance NO. I-{)1 AN ORDINANCE ?MATING TO ZONING AND AMENDING ORDINANCE NO. 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: } ' Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, situated in the County of Hennepin, State of Minnesota, See Exhibit A attached hereto. shall be and hereby is removed from the Rural District and shall be included hereafter in the Office District. Section 2. The above-described property shall be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the Office District. Section 3. This ordinance shall becane effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 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 H. Penzel - Mayor ATTEST: John D. Frane - City Clerk PIITLISHED in the Eden Prairie News on the day of , 1981. • • VALLEY PLACE OFFICES • LEGAL DESCRIPTION ' • • Part of SE 3 of the NE 34 Section 12 Township 116 Range 22 Hennepin County, Minnesota described as follows: Commencing at NW corner of the E 30 acres of the SE k of the NE said Section. 12, thence S 738.5' along the W Line thereof, thence at right angles W 350' to the point of beginning thence E 350' along last described line to the. West Line of said E 30 acres, thence S 300' along said W line, thence at right angles W 522' thence • $t right angles N to the center line of County • Road 39 thence N. Easterly along said center line • to a line running N & S parallel with the last described W line from the point of beginning • ( thence S to the point of beginning,. • • EXHIBIT A /051/ Valley Place Offices j DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1981 by and between G.S.J. Development, a Minnesota general partnership consisting of Charles E. Garrity, a partner, Donald F. Shiff, a partner, and William A. Jacobson, a partner, hereinafter referred to as "Owner", and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City", • WITNESSETH: WHEREAS, Owner has applied to City to rezone from Rural to Office District approximately 4 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to develop the property and to construct thereon buildings for office use. NOW THEREFORE, in consideration of the City adopting Ordinance No. 81-08, Owner covenants and agrees to construction upon, development, and • maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the materjal dated March 5, 1981 reviewed and approved by the City Council on April 7, 1981 and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions j. set forth in Exhibit C, attached hereto and made a part thereof. 3. Owner shall, prior to issuance of any permit for con- struction upon the property submit to City a detailed landscaping plan for review and approval. • 4. Owner shall, prior to site grading of the property, meet with the City Planning Staff to have identified those trees which are intended to be preserved. Trees identified to be preserved are to be protected by Owner by the placement of a staked snow fence at or beyond the trees' drip line. Owner shall not and not permit his employees, agents, or others to grade, remove soil from, place fill in or cut or disturb in any manner trees and other vegetation on or within that part of the property surrounded by snow fence. Said fence shall be left in place until the completion of the landscaping in accordance with the plans referred to in Paragraph #3. 5. Owner shall dedicate to Hennepin County any additional right-of-way required by Hennepin County for Valley View Road. • 6. Owner shall submit to the City Planner for review and approval an easement permitting access to Valley View Road through the property's northern area to the • "north property".as depicted on'Exhibit B at such • time as such easement is required by any owner of the "north property"; the exact location of the easement to be mutually agreed upon by Owner and the owner ( of the "north property." IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY: • l1olfgang H. Penzel, Mayor • • Carl J. Jullie, City Manager STATE OF MINNESOTA) ) ss. • COUNTY OF HENNEPIN) • The foregoing instrument was acknowledged before me this day of , 1981, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie. the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public 10;-( • OWNER: • Char " . rity,`1'artnerA ���/•�r '-' , Dona d F. Shif , artner r /� • William A. Jacobson, Partner STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) th The foregiong instrument was acknowledged before me this /F day of �- 1' , 1981 by Charles E. Garrity, partner, Donald F. Shiff, artner d William A. Jacobson, partner of G S.J.. Development, a Minnesota general partnership. • • Lary Pub)ac) SAtLY_A.CURRY NOTARY PUENNUBLIN IC—MIUNNNETYSOTA N CO - "I My CAmmrssan E,pm July 18.1981, � y • • • • • • • Ic ri. rr - l /0 � • • • • VALLEY PLACE OFFICES • • LEGAL DESCRIPTION • • • that part of.the Southeast Quarter of the Northeast Quarter of Section 12, Township'•1If., Range 22, Hennepin.County, Minnesota. described cs follows: Commencing at the northwest corner of the East 30 acres of the Southeast Quarter of the Northeast Quarter of said Section 12; thence south along the west line of said East 30 acres, a distance of 738.5 feet; thence west at right angles to said west line. a distance of 350.00 feet to the point of beginning; thence east along the last described line, a distance of 350.00 feet to the west line of said East 30 acres; • thence south along said west line, a distance of'300:00 feet, thence • west at right angles to said west line, a distance of 522.00 feet; - thence north parallel with said west line to the centerline of County Road No. 39; thence northeasterly along said centerline to the intersection with a line drawn north, parallel with the west line of said East_ 30 acres, from the point of beginning; thence south to the point of beginning. • • • • EXHIBIT A f: • • • • ( / • , • / • • . . / / l' • P°/i e4 northor �e9 • t • e 1 , . i l ` "I i• "northern property" • .4 \ . ' 1 I l i• I Ii1' • % s i 1, I(IIN x 1 V 'x '/ ..- • 1 northern area of '••t•r i ' ttt ] ' •.E.I- 1 I It 1,I ` 1 . \ 1 I/1 rn \ \.\21‘1 \' I —411 f 4:,: in :I,:I, w r • 17 ' , •, ii .. n Li a` 1 i • m ,. i ! 1 I I. '1 Il) ,_ �I -- • I1 • vs . EXHIBIT B c] I�7 1 . • 1/80 • • DEVELOPER ' S AGREEMENT • EXHIBIT C • page 1 of 5 • I. Prior to release of final plat, Owner shall submit to the City Engineer for approval two copies of a development plan (1"=100' scale) showing existing and proposed contours, proposed streets and lot arrange nts and size, minimum floor elevations on each lot, preliminary • alignmcat and grades for sanitary sewer, watermain and storm sewer, • 100 year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails and any property to be deeded to the City. II. Owner shall submit detailed construction and storm sewer plans to the Nine Mile Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. III. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each • building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $1,400 per acre. The amount to be paid by Owner shall be increased • or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real • property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by • Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. • • • • • • • 1/80 Page 2 of 5 Exhibit C V. A. All sanitary sewer, watermain and storm sewer facilities, concrete curb, gutters, sidewalks and other public utilities ("improvements") to be made and constructed on or within the property and dedicated to the City shall be designed in compliance with City standards by .a•registered professional engineer and submitted to the City Engin- eer for approval. All of the improvements shall be completed by Owner.& acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work. labor or services rendered in connection therewith or material or equipment supplied therefore on or before the later of, 2 years • from the date hereof or , 19 . Upon com- pletion and acceptance, Owner warrants and guarantees the improve ments against any defect in materials or workmanship for a period • of two (2) years following said completion and acceptance. In • the event of any defect in materials or workmanship within said • 2 year period warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be deliver- ed to the City Engineer within 6D days of completion thereof to- • gether with a written statement from a registered engineer that all improvements have been completed, inspected and tested in accordance with City-approved plans and specifications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees com- pletion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this suboaragraph V. A., including but not limited • to, a guarantee against defects in materials or work- manship for a period of two (2) years following com- pletion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer, and re- ceipt of as-built drawings. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make •and submit for approval to the City Engineer a written estimate of the costs of the improvements. B, In lieu of the obligation imposed by subparagraph V.A, above, Owner may submit a 100Z petition sinned by all owners of the property, re- questing the City to install the improvements. Upon approval by the • • City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be • levied on the property, except any property which is or shall be ded- • 106 I . 31 vv Page 3 of 5 Exhibit C icated to the public, over a five year period. Prior to the award of any contract by the City for the construction of any improve- ments, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's obligation with respect to the rough grad- ing work shall be secured by a bond or letter of credit which shall • guarantee completion, and payment for all labor and materials ex- pended in connection with the rough grading. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms • as may be required by the City Engineer. C. Prior to release of final plat, Owner shall pay to City fees for first 3 year street lighting (public streets) engineering re- view and street signs. VI. A. Owner shall remove all soil, and debris from, and clean, all streets within, the property at least every two months, (or within one week from the date of any request by City), during the period commencing May 1 and ending October 31, of each year, until such time as such streets and improvements therein are accepted for ownership and maintenance by City. Prior to City accepting streets and improvements, Owner shall have restored all boulevards according to the obligations contained within paragraph VI B. ( B. Within 20 days of installation of utilities and street curb in any portion of the property (if said time occurs between May 1 and October 31 of any year) Owner shall sod (secured with a minimum of 2 stakes per roll of sod) that part of the property lying between said curb and a line 18+inches measured perpendicular with the curb or in lieu of said sod, place a fiber blanket with seed approved by the City (secured with stakes a maximum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of topsoil. • The topsoil shall be level with the top of the curb at the curb line and rise 1" for each foot from the curb line. Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are accept- ed for ownership and maintenance by City. Owner shall also sod all drainage swales serving each 1.5 acres a minimum distance of 6 feet on either side of the center of the swale. C. The bond or letter of credit provided in paragraph V A. hereof shall also guarantee the performance of Owner's obligations under this paragraph VI. VII. Owner shall file this Agreement with the Register of Oeeds or Register of Titles and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon with 60 days from the date of this Agreement. VIII. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide pronf of filing in accordance with item VII. hereof, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. I')f,2 • 1/80 • • .8/21/80 ' Page 4 of 5 Exhibit C • IX. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. X. an er clearrepresents mortgages,rliens and other fee encumbrancesr,eexcept: free XI. In the event there are or willbe constructed on the property, 2 or.more ' streets, and if permanent street signs have not been installed, Owner shall install temporary street signs in accordance with recommendations of the City Building Department, prior to the issuance of any permit to . . build upon the property. ; z,.'; , XII. All improvements including grading, seeding, planting, landscaping, equiping, and constructing of any structure to or upon any of the property or other lands to be conveyed or dedicated to the City or for which an easement is to be given to the City for park or other r•ecre- -s ational purposes, shall be completed by Owner 8 acceptable to the Director of Community Services and shall be free and clear of any lien, claim, change, or encumbrance, including any for work, labor, or ser- vices rendered in connection therewith or material or equipment sup- plied therefore on or before the later of, 2 years from the date hereof • or , 19 . Upon comments against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship within said 2 year period the warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects .in materials or workmanships shall be detennined by the Director of Community Services. Acceptance of improvements by the Director of. Community Services may be subject to such conditions as he may impose at the time of acceptance.. Owner, through his engineer, shall-provide for competent daily inspection during the construction of all improve- ments. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees com- • pletion of all improvements within the times provided, • upon the conditions, and in accordance with the terms • of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or work- manship for a period of two (2) years following com- pletion and the extension of the period to three (3) years in the event of any defect during said 2 year period, and acceptance of the improvements by the Dir- ector of Community Services shall be 125% of the estim- ated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost '( of the improvements after acceptance thereof by the Dir- ector of Community Services. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the Director.of Community • Services. The Owner's registered engineer shall make and submit for approval to the Director of Community Ser- vices a written estimate of the costs of the improvements. • 2/80 ..9/10/80 1.. • Page 5 of 5 Exhibit C . .XIII. Owner acknowledges that the rights of City to performance of obligations of owner contemplated in this agreement are special, unique and of an • extraordinary character; and that in the event that owner violates or fails or refuses to perform any covenant, condition or provision made by him herein, City may be without an adeouate remedy at law. Owner agrees, • therefore, that in the event he violates., fails or refusesto perform any covenant, condition or provision made herein, City may; at its option, institute and prosecute an action to specifically'enforce performance of . such covenant. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute • a waiver of any other remedy. XIV. Any term of this agreement that is illegal or unenforceable at law or in • equity shall be deemed to be void and of no force and effect,to the extent necessary to bring such term within the provisions of any such applicable law or laws, and such terms as so modified and the balance of-the terms of this agreement shall be fully enforceable, XV. Owner shall, prior to the commencement of any improvements, provide written notice to Minnesota Cablesystems Southwest, a Minnesota Limited • Partnership, the franchisee under the City's Cable Communication • Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be sent to Minnesota Cablesystems Southwest • c/o Popham, Haik, Kaufman, Schnobrich and Doty, Ltd., 4344 IDS Center, Minneapolis, Minnesota 55402. • • • • • • 1Y • . • OWNERS SUPPLEMENT O DEVELOPER'S AGREEMENT BETWEEN I G S J DEVELOPMENT AND THE • CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of MAY PI , 1981 by and between Mr. Charles R. Hillger and Judith A. Hillger, husband and wife, hereinafter referred to as Owners and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City''. For and in consideration of, and to induce, City to adopt Ordinance 81-08 and to change the zoning of property owned by Owners from Rural to Office District, described in Exhibit A, attached hereto and made a • part hereof, hereinafter referred to as "the property", as more fully described in that certain Developer's Agreement entered into as of • ml¢y If , 1981 by and between G S J DEVELOPMENT and CITY, Owners ( agree with the City as follows: 1. If G S J Development fails to proceed in accordance with the Developer's Agreement within 24 months of the date thereof and to provide proof of filing as required therein, Owners for themselves, successors, heirs and assigns shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owners, successors, heirs and their assigns of the property. OWNER: Qj.,--co-,Am,\•\--\.1-,-.M.\.A.)--......, . Charles R. Hillger, husband C�„41i ',a. ht.'(',.,,4) Juddti )1. Hillger, wife, STATE OF MINNESOTA) • ) SS. COUNTY OF HENNEPIN) tI " 'The foregoing instrument was acknowledged before me this / day of •• , , 1981 by Charles R. Hillger and Judith A....illger, husband'and wife. A L REICHOW 1 1'l g Np7A"Y PUBIiC•MIuNTMNotary Public3HENNEPINCO i /vG� My WWI,nuon(J, sw 1985 I Owners Supplement to Developer's Agreement between G.S.J. Development and the City of Eden Prairie page 2 • • CITY: • Wolfgang H. Penzel, Mayor • Carl J. Jullie, City Manager STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1981 by Wolfgang H. Penzel, the Mayor and Carl J. Jullie, the City Manager of the City of Eden Prairie. Notary Public • loth • • • VALLEY PLACE OFFICES LEGAL DESCRIPTION • • Part of SE of the NE 3 Section 12 Township 116 • Range 22 Hennepin County, Minnesota described as follows: Commencing at NW corner of the E 30 acres of the SE of the NE said Section 12, thence S 738.5' along the W Line thereof, thence at right angles W 350' to the point of beginning thence E 350' along last described line to the West Line of said E 30 acres, thence S 300' along said W line, thence at right angles W 522' thence at right angles N to the center line of County Road 39 thence N. Easterly along said center line to a line running N & S parallel with the last described W line from the point of beginning thence S to the point of beginning. EXHIBIT A • IG11/ May 21, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTIDN NO. R81-101 BE IT RESOLVED that the City of Eden Prairie enter into an agreement with Hennepin County Department of Transportation for the following purposes, to wit: Channelization and Preparation for traffic signals at Co. Rd. 1/Valley View Rd., I.C. 51-325IV BE IT FURTHER RESOLVED that the proper City officers are hereby • authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations outlined therein. . ADOPTED by the Eden Prairie City Council on • Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D. Frane, Clerk • • • • MEMO TO: Mayor Fenzel and Members of the City Council THROUGH: • Carl Jullie, City Manager FROM: Engineering Dept. DATE: May 15, 1981 SUBJECT: Agreement No. PW 16-49-81 With Hennepin County for Channelization and Preparation for Traffic Signals at Co. Rd. 4/Valley View Rd., I.C. 51-325 IV The attached agreement with Hennepin County for the above reference project is submitted for Council approval. The estimated City's share of this project if $180,861.61. The County share is $494,514.89. Funding for the City's share will be from the City's Municipal State Aid Construction Fund. Recommend approval of said agreement. Attachment • is 'V(1(1, Agreement No. PW 16-49-81 County Project No. 7928 County State Aid Highway No. 4 City of Eden Prairie • County of Hennepin ( CONSTRUCTION COOPERATIVE AGREEMENT AGREEMENT Made and entered into this _day of , 19 _, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvement of that portion of County State Aid Highway No. 4 between 0.15 miles south of and 0.20 miles north of Valley View Road (Engineer's Stations 192+00 to • i • 210+40) and the improvement of Valley View Road between County State Aid Highway No. 4 and Walnut Court (Engineer's Stations 100+69 to 104+00), which improvements • contemplate and include grading, drainage, concrete curb and gutter, bituminous base, bituminous surfacing and other related improvements; and ' WHEREAS, The above mentioned improvement of Valley View Road, identified as City of Eden Prairie Project I.C. No. 51-325 has been included as a part of the County Engineer's plan for the improvement of County State Aid Highway No. 4, identified as County Project No. 7928, which said improvement of both roadways shall be hereinafter referred to as the project; and WHEREAS, The above described project lies within the corporate limits of the City, and WHEREAS, The County Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of materials and labor for the above described project and an estimate of the total cost for contract work in the sum of Six Hundred Thirteen Thousand Nine Hundred Five Dollars and Forty Cents ($613,905.40). A copy of said estimate (marked Exhibit "A") is attached hereto and by this reference is made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes Sec. 162.17, Subd. 1. NOW THEREFORE, IT IS HEREBY AGREEO: IU6B � 1 i I That the County or its agents will advertise for bids for the work and construction of the aforesaid project, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract will be in form and will include the plans and specifications prepared by the County or its agents, which said plans and specifications are by this reference made a part hereof. II The County will administer the contract and inspect the construction of the contract work contemplated herewith. However, the City Engineer of Eden Prairie shall cooperate with the County Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. III All rights of way, permits and/or easements required for the construction of said project will be acquired by the County or its agents. The final cost of all rights of way, permits and/or easements, plus all costs incurred by the County in acquiring said rights of way, permits and/or easements shall be apportioned as follows: Right of Way for CSAH 4 - 50% County, 50%City Right of Way for Valley View Road - 100% City The right of way costs incurred as described herein shall include all acquisition costs including, but not limited to, any and all damages occurring to any person or persons, including private utilities in relocating or removing or adjusting main conduits or other structures located in or upon the land taken; or damage in procuring such right of way, whether such damage is caused by the County or the City in the performance of such contract with respect to the improvement of County State Aid Highway No. 4 and Valley View Road, as shown on the plans for County Project No. 7928. The County will periodically, as parcels are acquired, prepare and submit to the City itemized accounts showing right of way and acquisition costs incurred by the County. The City share of said costs shall become due and payable within thirty (30) days after submittal of an invoice of costs from the County to the City. The estimated right of way expenses described herein are indicated in said Exhibit "A" attached hereto. 2 _ IV The City shall reimburse the County for its share in the construction cost of ( j the contract work for said project and the total final contract construction cost shall be apportioned as set forth in the DIVISION OF COST SUMMARY in said Exhibit "A" attached hereto. It is further agreed that the Engineer's Estimate referred to on Page 1 of this agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set forth in the contract with the successful bidder-and the final quantities as measured by the Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said project according to the provisions of this paragraph. V In addition to payment of the City's proportionate share of the contract construction cost, the City also agrees to pay to the County a sum equal to twenty . percent (20%) of the amount computed as the City's share of the said contract construction cost, it being understood that said additional payment by the City is • its proportionate share of all engineering, administrative and other miscellaneous costs incurred by the County for the work performed within the corporate limits of the City under this contract. VI Within sixty (60) days after an award by the County to the successful bidder, • the County shall submit an invoice to the City and the City shall deposit with the Hennepin County Treasurer, ninety percent (g0%) of the estimated City share in the contract construction, administrative and engineering costs for the project. Said estimated City share shall be based on actual contract unit prices for estimated quantities shown in the plans. The remaining ten percent (10%) is to be paid to the County upon the completion of the project and submittal to the City of the County Engineer's Final Estimate for the project showing the City's final share in the contract construction, administrative, and engineering costs for the project. Upon payment of the Final Estimate to the successful bidder by Hennepin County, any amount remaining as a balance in the deposit account will be returned to the City; likewise any amount due the County by the City upon payment of the Final Estimate by the County shall then be paid by the City as its final payment for the construction and engineering cost of this project. • HOD VII The County Engineer will prepare monthly progress reports as provided in the specifications. A copy of these reports will be furnished to the City upon request. VIII All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. IX The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highway included in this project for any installation o' underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. X It is agreed that the City shall remove and replace all City owned signs that are within the construction limits of this project, all at City expense. XI It is further agreed that the County, at its expense, shall place any and all .necessary no parking signs and the City, at its expense, shall provide the enforcement for the prohibition of all on-street parking within its corporate limits on said portion of County State Aid Highway No. 4 constructed under this project. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. XII . It is understood and agreed that upon completion of the improvement proposed herein, the concrete sidewalk and bituminous bike path included in said improvement shall become the property of the City and all maintenance, restoration, repair or replacement required thereafter shall be performed by the City at its own expense. It is further understood that neither the County, its officers, agents or employees either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of or by reason of negligent performance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let - 4 - . 1661 !!; tr t,ie city for the performance of said work; and the City agrees to defend, save I 0,4 seep said County, its officers, agents and employees harmless from all claims, d„+ands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. XIII • The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall not be more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. XIV 1 It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of or by reason of the performance of any work or part'hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character , arising in connection with or by virtue of performance of its own work as provided herein. XV ' It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment 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 employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided herein to be performed by the County shall not be considered employees of the City, and that any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment 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 5 it(otF consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the ( obligation or responsibility of the City. t XVI The provisions of Minnesota Statutes 181.59 and of any applicable local ordinances relating to civil rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. • • • • • • • 146b u ,, upitisf, the parties hereto have caused this agreement to be • �ctive duly authorized officers as of the day and year first CITY OF EDEN PRAIRIE By: Mayor gall Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: Chairman of its County Board Date: Deputy County Auditor And: Associate County Administrator and County Engineer Date: Date: Upon proper execution, this agreement will be legally valid and binding. �` — By: ��f RECOMMENDED FOR APPROVAL Assistant County County Attorney Date: c1/57r/ By Director, Department of Transportation Approved as to execution Date: By: Assistant County Attorney Date: • IObg i . I.. 000C. 1l1 VA 0 O p ✓�._..y, u1 u1 O u1 Al v N t0 CO pO (0 V IV~ Al tD O e!' N U1 • M ai 8 ^I OOMtiu'f OJ Al 20 IDMNUI T P • q• Nj IS/ 0 U W y U .+ M ti to N 10 Ot 4, o p` • N N N • .Z.Y O.r- 0 0 NW2 O 0 0 O 0 v 0 I 20 In U1 N Ul Ill 0y 2 O ' =I..) • 0000 In N W U1 U1 O In N to N ~1 in pO O Ill . O tO 0 W rC-. CO I•�1 I0 0 tO ..., OOt CA O O O1 n 0' tO O tO MN to Cn : coeM� en O: 0 M CO eT CO YI 4• N N N N N 0 W • 0▪ N WK ttO IA n tplf UO1 v 0 0 0 2 W K .p• 2S as a I•- UI N W O 0000 0 O U1 4 0 IIIM O Cn el. N CO n M U1 0 O Y1 2. Ip-W 40 A N O to at to co N 000 0 0 0 �O NLL •04 MtO tY. Ot tO 00 CO CAO Ot 0 S N in. to IN ^ t0 M 0 U1 0 1- N N M R 1. tl' tO VI t0 ti W M N N � . • g0 0 WN N F•O OOO IA N I--O 4U U1OO 10 'E 1- CO I•.N '. Ng p0 NZ tV 2,•C 0Up WO Vr ""I..0 24 LL.-.O 2N O O.0 0t KN W W H F N 0Ww s4 bONN IVY, N2 .c • 8i I-0 2 2 _> •> to y^ :r' II ..2.' ..2.' i-L• A._ I Id " � o4o dd� •• -- J N N F O N N m c zu W 2 6a 0 U. ¢ CC OC I_ a. CC'" ILI o IW- 1 N .�...1I ¢ p W I4T•• aO M O pp ul I •p 4. O N I, g W U m U IW- 2 J .~.. W W F J t N (0 Le 4 .O U to I- a 2 0 £ 0 0 0 V1 in. 0 m4 Vt N a 0 2 N W 4 C U. VI 0 V 0 O. W I- _0 UO > r UO.W 0 4•7 N .2• • U ••••• U. W C. IA> 4 Il O I- O tl' a- 0 K O cc C W 4 CO •J • C U W ,W..II I- ao W COO. OX I- •W.X U 2 0 p22 I-2 le VI IX E N 4 O.cC W 0- V W W WC4 •4 C O U 20 I- - > C 22 I- UU F-O,�0 U I-' U W !. Y U. 00 W 1a-r • • to {n-U.S W I- C C :i 4 4 4 2 W 4y. ( OWWO4. UI 3 W p U. 3 3 W0 ql 44 NO �UUW to N 4 0 L. LL NF 1- WW d� �1Y1! 4000 T F W C U 1- O O O NI- I- LA x ro ..- .. .. JO: ••N May 21, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION R81-102 BE IT RESOLVED that the City of Eden Prairie enter into an agreement with Hennepin County Department of Transportation for the following purposes, to wit: Road improvements on Co. Rd. 1 at T.H. 169, I.C. 51-311C BE IT FURTHER RESOLVED that the proper City officers are hereby authorized to execute such agreement, and thereby assume for an on behalf of the City all of the contractual obligations outlined therein. i _. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST SEAL John D. Frane, Clerk • i069 MEMO • TO: Mayor Penzel and Members of the City Council THROUGH: Carl Jullie, City Manager FROM: Engineering Department DATE: May 15, 1981 SUBJECT: Agreement No. PW 21-48-81 With Hennepin County for Road Improvements on Co. Rd.l at T.H. 169, I.C. 51-311C • The attached agreement with Hennepin County for the above referenced project is submitted for Council approval. Under this agreement the City will be obligated to pay 50% of the right-of-way acquisition costs (estimate.$220,000. x 50a-= $110,000.) All construction costs relating to the County's portion of this project will be paid by the County. Funding for the City's share will be from the City's Municipal State Aid Construction Fund. ( Recommend approval of said agreement. Attachment f. ioo9 R Agreement No. PW 21-48-81 County Project No. 7640 County State Aid Highway No. 1 City of Eden Prairie County of Hennepin COOPERATIVE CONSTRUCTION AGREEMENT AGREEMENT, Made and entered into this —day of , 19 . by by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The State of Minnesota, the County and the City have been negotiating for some time to bring about the improvement of the Trunk Highway 169 - County State Aid Highway 1 intersection; and WHEREAS, The State of Minnesota has prepared plans for the above mentioned improvement, labelled and identified as State Project No. 2744-30 (T.H. 169=5); and WHEREAS, Included as a portion of the above mentioned State Project is the construction of County State Aid Highway 1 along a new alignment between points 908 ( feet west of Trunk Highway 169 and 2,735 feet east of Trunk Highway 169, said �. construction and realignment of County State Aid Highway 1 shall be hereinafter known and referred to as County Project No. 7640; and WHEREAS, A layout showing the proposed construction and realignment of County State Aid Highway 1 is attached hereto, marked Exhibit A, and by this reference made I a part hereof; and WHEREAS, The State of Minnesota, the County and the City have previously entered into a separate agreement providing for the sharing of costs for the construction, operation and maintenance of a traffic control signal at the above said intersection; and • WHEREAS, Minnesota Statutes Sec. 471.59 and 162.17 provide that two or more governmental units may enter into a cooperative agreement for the purpose of highway improvements. NOW THEREFORE, IT IS HEREBY AGREED: 1 � The construction work contemplated herewith shall he in substantial compliance with the hereinbefore mentioned layout attached as Exhibit A. II All rights of way, permits and/or easements required for the construction of said Project No. 7640 will be acquired by the County. The final cost of all rights of way, permits and/or easements, plus all costs incurred by the County in acquiring said rights of way, permits and/or easements shall be apportioned 50 percent to the County and 50 percent to the City. The right of way costs incurred as described herein shall include all acquisition costs including, but not limited to, any and all damages occurring to any person or • persons, including private utilities in relocating or removing or adjusting main . conduits or other structures located in or upon the land taken; or damage in procuring such right of way, whether such damage is caused by the County or the City in the performance of such contract with respect to the improvement of County State Aid Highway 1, County Project No. 7640. The County will periodically, as parcels are acquired, prepare and submit to the City itemized accounts showing right of way and acquisition costs incurred by the County. The City share of said costs shall become due and payable within thirty (30) days after submittal of an invoice of costs from the County to the City. The estimated total right of way expense as described herein is S220,000.00. III The entire design, construction inspection and contract administration for said Project No. 7640, exclusive of the traffic control signal, shall be performed • at no cost to the City. IV Upon completion of the construction of said project, the County shall request that the Commissioner of the Minnesota Department of Transportation remove the portion of existing County State Aid Highway 1 including newly constructed approaches thereto, all shown colored red on said Exhibit A attached hereto, from the County State Aid • Highway System and designate the realigned portion as new County State Aid Highway 1. The City, by execution of this Agreement, concurs in the above mentioned change in designation. V ' The City also agrees to provide all necessary snow and ice control on the road- ways colored red on said Exhibit A during the time period between the opening of County State Aid Highway 1 to all traffic on its new alignment and the City's assumption of all maintenance activities resulting from the change in designation. - 2 1(49C VI It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of or by reason of performance of eny work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. VII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment 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 employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment 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 consquence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. VIII • The provisions of M.S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. I . 3 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be exectted by their respective duly authorized officers as of the day and year first c above written. CITY OF EDEN PRAIRIE • By: Mayor (Seal) Date: And: Manager • l Date: COUNTY OF HENNEPIN • ATTEST: By: Chairman of its County Board ( Date: beputy County Auditor Date: And: Associate County Administrator and County Engineer Upon proper execution, this agreement will be legally valid and binding. Date: By: e:rie LC� 44— RECOMMENDED FOR APPROVAL Assistant County Attorn y Date: -7/'/ / By: Director, Department of Transportation Approved as to execution Date: By: Assistant County Attorney Date: • ''. 0‘.' \ . : \ ' at I tI �V Sr.... rr.t.5 •1•' .. •.� .T. .T:. relit} ':; ��\ !� �iy ,::•r• is `� J .I^•_--_ ` ,� \ • !l YS ( : - . ; -. . . 3,s .J \ V It . \ T " ` ,"•1 . `* r i fiJ` r emu.:.^;r6, k 0 • �•. o oa = br lor > �,' • + ! 6'r 1 a' gall \_.../.1 \ \ • . .\\., . \ ',.V.,..1. . '."."--1.,__....„ / ,!,. , HA, � , 1 .. . .. .e-`- � ;,�; /, T`�r f • ,t'rr 4 �. N., :• • • i t� l�r i/� i%// +\ . I �'r r t ri,f r x f' I • • u:�t(1 ' ( E a :i' 1 ,. • : ..._. rh''' •_7 : of 1 ,f 7�\. J CITY OF EDEN PRAIRIE May 19, 1981 1 HENNEPIN COUNTY, MINNESOTA . RESOLUTION NO. R81-103 • • A RESOLUTION APPROVING FINAL PLAT OF OLD FARM 2nd ADDITION WHEREAS, the plat of Old Farm 2nd 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 i . EDEN PRAIRIE: A. Plat Approval Request for Old Farm 2nd Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated May 13, 1981 B. Variance is herein granted from City Ordinance No. 93, Sec. 8, • Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for thier use as required by 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. Frane, Clerk • /610 CITY DF EDEN PRAIRIE ENGINEERING REPORT DN FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Carl Jullie, City Manager FROM: Engineering Department DATE: May 13, 1981 SUBJECT: OLD FARM 2ND ADDITION PROPOSAL: David A. Williams Realty and Construction, Inc.., is requesting City Council approval of the final plat of Old Farm 2nd Addition. This is a replat of Lots 1 and 2, Block 1, Old Farm Addition which at the time of the original final plat approval were subject to a life-hold agreement with the property owner. The final plat now submitted for approval conforms with the approved preliminary plat. HISTORY: Zoning to RM 6.5 was finally read and approved by the City Council ' on November 6, 1979, per Ordinance #79-28. The preliminary plat was approved by the City Council on August 7, 1979, per Resolution #79-141. The developer's agreement referred to within this report was executed on November 6, 1979. VARIANCES: All variance requests must be processed through the Board of Appeals. A variance from the requirements of Ordinance No. 93, Sec. 8, Subd. 1, waiving the six month maximum time elapse between the preliminary plat approval date and filing of the final plat will be necessary. UTILITIES & Extension of municipal utilities may be necessary to serve this addition. STREETS: Prior to release of the final plat the developer will submit plans for utility extension in conformance with the requirements of the developer's agreement. PARK DEDICATION: The requirements for park dedication are covered in the developer's agreement. BONDING: The requirements for bonding are covered in the developer's agreement. RECOMMENDATION: Recommend approval of the final plat of Old Farm 2nd Addition subject to the requirements of this report, the developer's agreement and the following: 1. Receipt of fee for City Engineering services in the amount of $240. IU/I May 18, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-104 A RESOLUTION APPROVING FINAL PLAT OF CASTLE RIDGE WHEREAS, the plat of Castle Ridge has been sub- I 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 Castle Ridge is approved upon compliance with the recommendation of the City Engineer`s Report on this plat dated March 11, 1981, 8. Variance is herein granted from City Ordinance No. 93, Sec, 8, Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C.. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Re.gis- 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. Frane, Clerk • /O? CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager FROM: Engineering Department DATE: May 14, 1981 SUBJECT: Castle Ridge PROPOSAL: The developer, Abio Holdings Inc., is requesting City Council approval of the final plat of Castle Ridge, formerly known as Tudor Oaks. This is a residential multiple plat consisting of approximately 44 acres being devided into three lots and one large outlot. The developer will retain ownership of Outlot A with use of the floodplain area to be recreational and the remainder of the lot to be developed at a later date. HISTORY: The preliminary plat was approved by the City Council on April 1, 1980 per Resolution #80-66. Zoning to RM 2.5 and RM 6.5 was finally read and approved by the City Council on June 14, 1977 per Ordinance #77-15. The Rezoning Agreement was executed on May 16, 1977 and amended on June 14, 1977. The conditions of the agreement and City Council modifications of April 1, 1980 shall apply to this plat. VARIANCES: A variance from the requirements of Ordinance #93, Sec. 8, Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. A variance from the side lot setback requirements of Ordinance #135 to allow a zero lot line setback will be necessary and is consistant with the conditions of preliminary plat approval. Occupying permits will not be allowed until this variance has been approved by the Board of Appeals. UTILITIES All utilities and streets within this plat will be privately owned and & STREETS: maintained. The developer has platted right-of-way providing access to property located south of the plat in conformance with the requirements outlined in the approval of the preliminary plat. Additional right-of-way will he necessary at the intersection of Schooner 81vd. and 169 to allow the installation of turn lanes. /073 Page 2 Eng. Report on final plat - Castle Ridge • PARK DEDICATION: The requirements for park dedication are covered in the Rezoning Agreement. �. BONDING: Bonding for improvements within the dedicated right-of-way will be required in conformance with the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Castle Ridge, subject to the requirements of this report, the Rezoning Agreement and the following: 1. Receipt of fee for City Engineering services in the amount of $440.00 • • ioiq May 19, 1981 STI_ OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 6419 PRAIRIE VILLAGE MALL ASSOCIATES First 15 real estate taxes-Liquor Store $ 1,752.7 6420 PRAIRIE VILLAGE MALL ASSOCIATES May 1981 rent-Liquor store 68.5'. 6421 HOPKINS POSTMASTER Postage • 6422 VOID OUT CHECK 209.4.. 6423 HOPKINS POSTMASTER Postage 0 6424 SANDRA F. WERTS Change9.4 fund-Riley Lake 325. 6425 BUTCH'S BAR SUPPLY Supplies-Liquor Store 302 ` 6426 MIDWEST WINE CO. Wine 52.€ 6427 CAPITAL CITY DISTRIBUTING CO. Wine 618.0 1,6428 TWIN CITY WINE CO. Wine 8.0 6429 OLD PEORIA COMPANY, INC. Liquor 1,197. : 6430 JOHNSDN WINE CO. Wine 1,060.E 6431 ED. PHILLIPS & SONS Wine 365.�. 6432 GRIGGS, COOPER & LU., INC. Liquor 1,365.1` 6433 INTERCONTINENTAL PACKAGING CO. Wine 179 a 6434 PAUSTIS & SONS Wine 225.E 6435 UNIVERSITY OF MINNESOTA Conference-Fire Dept. 14,473.E ,6436 FEDERAL RESERVE BANK Payroll 4473.c 641 COMMISSIONER OF REVENUE Payroll 165.0 64 AETNA LIFE INSURANCE & ANNUITY Payroll 62 C 6439 UNITED WAY OF MINNEAPOLIS Payroll 312.0 6440 INTERNATIONAL UNION OF OPERATING Dues 10, 2.0 6441 PERA Payroll 6442 VOID OUT CHECK 1p, 6443 TOM LAMMERS Expenses 4O r 6444 EDMUND LUKASZEWSKI Fee-Adaptive Recreation 1,10.0 6445 GROUP HEALTH PLAN Insurance ,751.E ,761 6446 HMO SERVICES Insurance 1 6447 HMO SERVICES Insurance 2,027J 6448 PHYSICIANS HEALTH PLAN Insurance 6449 WESTERN LIFE INSURANCE Insurance 454.454• 6450 TWIN CITY WINE CO. Wine 363. 425.E 6451 MIDWEST WINE CO. Wine 1,497.E 6452 JOHNSON WINE CO. Wine 2,497.�. 6453 GRIGGS, CODPER & CO., INC. Liquor 28 6454 INTERCONTINENTAL PACKAGING CO. Wine 4.E 6455 • CAPITAL CITY DISTRIBUTING CO. Wine 6456 ED. PHILLIPS & SONS CO. Liquor4l. 6457 PETTY CASH Expenses 2,23 62.5 6458 VOID OUT CHECK ,652.Ef 6459 MR. STEAK Services 1,652. ' 6460 BEER WHOLESALERS Beer 236.1 6461 CITY CLUB DISTRIBUTING CO. Beer 4,648. 6" COCA-COLA BOTTLING MIDWEST, INC. Mixes 1,625.21 6 s DAY DISTRIBUTING CO. Beer121.E 6464 EAST SIDE BEVERAGE CO. • Beer 4, 24.1 , 6465 GOLD MEDAL BEVERAGE CO. Mixes 2354.1 6466 A.J. OGLE CO., INC. Beer 388 1 6467 PEPSI 7/UP BOTTLING CO. Mixes,�y �(J1 • Pao two May 19, 1981 6468 ROUII.LARD BEVERAGE CO., INC. Beer 832.5: 6469 THORPE DISTRIBUTING Beer 4,402.3 6470 ACRO-MINNESOTA, INC. Office supplies 167.2 6471 EARL F. ANDERSEN & ASSOCIATES Posts-Traffic signals 684.0 6472 RON ANDERSON Wiring squad cars 180.0 6473 VICKIE ANDERSON Refund-Rec Dept. 11.0 6474 SHARON ARENDA Refund-Rec Dept. 10.C_ 6475 ARTEKA INCORPORATED Burlap-Community Services 14.C. 6476 ASSOCIATED ASPHALT, INC. Blacktop 4,698 s. 6477 ASTLEFORD EQUIPMENT CO., INC. Equipment-Street Dept. 10.0 6478 BOYER FORD TRUCKS Equipment repair & parts 459.4 6479 VOID OUT CHECK 6480 BRAUN ENGINEERING TESTING Service-Homeward Hills & Sunnybrook Rds., 1,401.3 s Round Lake Park 6481 BROWN PHOTO Film-Planning Dept. 16.5 6482 BRYAN ROCK PRODUCTS, INC. Rock 2,196.1 6483 BURROUGHS CORPORATION Signature plate-Finance Dept. 48.0- ' 6484 BUTCH'S BAR SUPPLY Supplies-Liquor Store 67.4 6485 CALCULATORS, INC. Calculators-Engineering Dept. 305.0 6486 STEVE CALHOON Mileage 26.0 64i' CAPITAL APPRAISALS, INC. Service-Park Dept. 800.0 64. CASTLE CHEMICAL COMPANY, INC. Herbicides-Park Dept. 69.c 6489 CITY OF EDINA Tests 85.0 6490 CHANHASSEN AUTO PARTS Equipment repairs &,parts 289. 6491 CHEMLAWN Service-City Hall 88.E 6492 CLUTCH & U-JOINT BURNSVILLE, INC. Equipment repair & parts 37.3. 6493 JOHN D. CONLEY Gasoline for squad car 15.7 6494 CONSTRUCTION BULLETIN Subscription-Engineering Dept. 39.0 6495 CONTINENTAL BK TRUST & INVESTMENT Bond payment 10,100. 6496 COPY EQUIPMENT INC. Vellum-Community Services, Supplies-Eng. Dept. 253.3 6497 CROWN RUBBER STAMP CO. Engraved desk signs 45.; 6498 CURTIN MATHESON SCIENTIFIC, INC. Lab supplies-Water Dept. 173.2 6499 CUSTOM DESIGNED AWARDS Plaques 383.7 6500 WARD DAHLBERG Mileage 45.0 6501 NANCY DOLLIVER Refund-Rec Dept. 10.0 6502 DORHOLT PRINTING Office supplies 366.1 6503 EDEN.PRAIRIE SANITATION CO. Service 135.`. 6504 EDEN PRAIRIE SCHOOL DISTRICT #272 Custodial Service-City Hall 1,077.. 6505 ELK RIVER CONCRETE PRODUCTS Rings, joint seal-Sewer Dept. 73.: 6506 CHRIS ENGER Expenses 161.1 6507 FAIRVIEW COMMUNITY HOSPITALS Test-Polite Dept. 25.r 6508 FIRE INSTRUCTORS ASSN. Service-Public Safety 14•C 6509 FIRESTONE STORES Tires 829.E 6510 FLAHERTY EQUIPMENT CORP. Backup generator-City Radio Program 528.t 6511 FLEET MAINTENANCE INC. Cap screws-Street Dept. 2.E 65r- FLYING CLOUD OIL CO. Fuel. 3,593.2 6 i., LEWIS FOLWICK Open Gym Supervisor 49.0 6514 PAUL FOSS PRINTING • Decal licenses 66.0 6515 FRONTIER LUMBER & HARDWARE Lumber-Park & Police Dept. 243.: ' 6516 FUHRMAN DIVERSIFIED-T Dog nets-Animal Control 130.c 6517 GENERAL COMMUNICATIONS, INC. Antenna 80.L IUI( i Pail' ai three May 19, 1981 6518 GENERAL ELECTRIC COMPANY Antenna 450.0 6519 DANA GIBBS Packet Delivery 325.6 6520 DALE GREEN CO. Sod-Street Dept. 8.4': 6521 GROSS INDUSTRIAL SERVICES Service 63.77 6522 STEPHANIE HARRER Refund-Rec Dept. 20.0 6523 HAYDEN-MURPHY EQUIPMENT CO. Traffic cones-Street Dept. 135.C' 6524 EVERS HEILIG, iNC. Supplies-Liquor Store 160.9 6525 HENNEPIN COUNTY AGRICULTURAL Donation 25.G: 6526 HENNEPIN COUNTY BUREAU OF P/S Wire, oxygen-Street Dept. 109.5_ 6527 HENNEPIN COUNTY BUREAU OF P/S Tree debris removal 33D.C. 6528 HENNEPIN COUNTY CHIEFS OF POLICE Conference-Police Dept. 150.C, 6529 DIRECTOR OF PROPERTY TAXATION First li 1981 taxes-Miller property 1,154.C. ' 6530 HENNEPIN TECHNICAL CENTERS Fire Fighter class 550.0 6531 HOPKINS DODGE SALES, INC. Equipment repair & parts 137.3 6532 HOPKINS PARTS CO. Equipment repair & parts 406.E 6533 HAL HOUGHTON Official-Basketball 64.0 6534 ROBERT HRUSKA Mileage 6.C: 6535 HOWARD HUNT Mileage 12.0 6536 INTERNATIONAL CONFERENCE OF BLDG. Books-Building Dept. 92.4 6537 INTERNATIONAL HARVESTER COMPANY Two diesel dump trucks 56,955.2. 653E A SLICE OF ITALY Refund-Restaurant license 225.0 651r JERRY'S SUPER VALU Supplies-Rec Dept. 28.3 65Mb JUSTUS LUMBER COMPANY Lumber-Forestry Dept. 35.E" 6541 KARULF HARDWARE Tire pump, chisel, hammer, spade, batteries, 589.E trowel, wrench, can.opener-Sewer Dept., floodlites, clothesline, bolts-Water Dept., concrete mix, drill bit, ties•for electric wiring, pump, keys, electric tape, paint-Street Dept., broom, dust pan- Liquor Store 6542 KIRKHAM, MICHAEL & ASSOCIATES Service-Wastewater treatment facilities 5,688.E 6543 EDWARD KRAEMER & SONS, INC. Rock 146.0 6544 KRAEMER'S HOME CENTER Drill bits, sprayer, copper pipe, level 154.E 6545E THOMAS R. LAMMERS Service 325.0 6546 LANG, PAULY & GREGERSON, LTD. March 81 Service 13,884.` 6547 HOWARD LAWRENCE APPRAISALS INC. Appraisal Service-Park Dept. 800.r. 6548 LEEF BROTHERS INC. Service 198.r 6549 LONG LAKE FORD TRACTOR Equipment repair & parts 108.E 6550 MATT)S AUTO SERVICE, INC. Towing Service 58.( 6551 PARTICK MCCARTY Mileage 18.!. 6552 ' MCFARLANES' INC. Concrete 59.: 6553 MEDICAL OXYGEN & EQUIPMENT Oxygen-Fire Dept. 27. 6554 METRO PRINTING, INC. ' Printing-Voter Registration 95•1 6555 MID-CENTRAL FIRE INC. Bolt cutter-Fire Dept. 18O.'. 6556 MIDWEST ASPHALT CORPORATION Blacktop 321.: 6557 MINNESOTA GAS COMPANY Service 200. 655E MINNESOTA RECREATION & PARKS Registration fee-Softball 11.t . 6f MINNESOTA VALLEY GAS COMPANY Fuel-Senior Citizens Center 195.7 , 65bU MODERN TIRE CO. Equipment repair & parts 60.4 ' 6561 TOM MOTZKO PLBG. & HEATING Building repair-Public Works 61.r , 6562 NOBLE NURSERY INC. Trees-Forestry Dept. 7,625.c , 6563 NORTHERN STATES POWER CO. Service 5,426. 6564 NORTHWOOD GAS CO., INC. Gas cylinders-Street Dept. 20.G: loll • Pad. four May 19, 1981 6565 NORTHWESTERN BELL TELEPHONE Service 2,956.E 6566 NORTHWESTERN NATIONAL BANK Service 582.1 6567 PARK AUTO UPHOLSTERY Repair car seat 65.C. 656E QUALITY WDOD PRODUCTS Stakes-Park Dept. 85.` 6569 RAINBOW SIGNS INC. Signs-Water Dept. 42.5 6570 RAPID COPY, INCDRPORATED Liquor ID Cards 39.7. 6571 REGISTER MEDIA, INC. Ads-Liquor Store 148.` 6572 RIEKE-CARROLL-MULLER Service-Ind. Rd. Utilities, Valley View Rd. 42,480.Z Pedestrian Bridges, Valley View Rd., Franlo Road & Preserve Blvd. Utilities, Schooner Blvd., Shady Oak Extension, 70th Street, Meadow Park, Rymarland Camp, 1980 Westgate Add'n Improvement, Lake Idlewild Drainage, Sunset Trails Estates 6573 ROBERTS DRUG Supplies-Fire Dept. 15 15.4 6574 LAURA ROELL Mileage 6060.0 C 6575 SAILOR NEWSPAPERS, INC. Ads-Liquor Store 6576 SCHMIDT READY-MIX, INC. Concrete 88 7B.0 6577 KATHY SCHUMACHER RN Tests 657E SEARS Calculator-Finance Dept., Booster shocks-P/S 203.13. 6579 STEVEN R. SINELL Mileage 2. 65B0 SMILEY GLOTTER ASSOCIATED • Service-Eden Prairie Community Center 7,956.0 65y' VOID OUT CHECK 416.E 65 _ W GORDON SMITH CO. Equipment supplies-Street Dept. .E 6583 SOUTHWEST SUBURBAN PUBLISHING Legal ads 510 510 6584 ST. REGIS PAPER COMPANY Nails-Park Dept. 106.9 04 C 6585 STATE OF MINNESOTA Fee-Street Dept. • 4.0 22 9C 6586 VERNON THOMAS STEPPE Conference-Fire Dept. 6587 DON STREICHER GUNS, INC. Ammunition-Police Dept. 9. 6588 SUBURBAN AUTO ELECTRIC, INC. Generator repair-Street Dept. 02 6589 SUBURBAN CHEVROLET CO. Equipment repair & parts 2,27 C 6590 SUPERINTENDENT OF DOCUMENTS Subscription-Planning Dept. 17.C 7.0 6591 TEXAS INSTRUMENTS INCDRPORATED Thermal paper-Engineering Dept. 38 6592 CARRIE TIETZ Minutes-Park and Recreation Meeting 6593 TRANSPORT CLEARINGS Freight charges 26. 6594 TWIN CITY PRICING & LABEL Labels-Liquor Store 530. 6595 TYPE HOUSE+DURAGRAPH Supplies-Community Service 7.9 6596 UNIFORMS UNLIMITED Uniforms, bulbs, speaker, lights-Public Safety 1,615.r 6597 UNIVERSITY OF MINNESOTA Service-Park Dept. 500.- 6598 VAN WATERS & RDGERS Chlorine-Water Oept. . 258.. 6599 ' WARNER INDUSTRIAL SUPPLY, INC. Paint-Street Dept. 162., 6600 WARNING LITES, INC. • Reflectors-Engineering Dept. 307.. 6601 WATER PRODUCTS COMPANY Floor drain repairs-Water Dept. 34. 6602 XEROX CORPORATION Service 1,200. 6603 BLUE CROSS INSURANCE Insurance • 481., 6604 • GENERAL ELECTRIC Equipment-City Radio Program 6,537.2 6605 CINDY M. PLANTE Refund 149., 6 JOHN FRANE Expenses 165.1 6 r JACK HACKING Expenses • 23.4 • . 10?$ ! Page four May 19, 1981 6608 VOID OUT CHECK 6609 BROWN & CRIS, INC. Service-Valley View Road 1,335.2_ 6610 BROWN & CRIS, INC. Service-Cardinal Creek 2nd Addition 3,934.8> 6611 BROWN & CRIS, INC. Service-Cardinal Creek Addition 29,663.7. 6612 HENNEN CONSTRUCTION CO. Service-Watermain on Valley View Road 118,600.E 6613 NODLAND ASSOCIATES, INC. Service-Industrial Drive Utilities 129,934.E 6614 BLACK & VEATCH Service-Water Treatment Plant Addition 44,255.7 6615 TAMRE O'BRIAN Instructor-Rec Dept. 144.0 6616 BROWN & CRIS, INC. Service-Dell Road 24,738_2 TOTAL 5634,235.E - r • • • • /039 Unapproved Planning Commission Minutes -3- , 981 ALL MEMBERS PRESENT. Bearman turned the chair over to Retterath, because Don Sorensen is his attorney, to avoid any possible conflicts. B. WILLOW CREEK 2ND ADDITION, by Elaine L. Sorensen, Joel R. Harding & Kathleen J. Harding, John P. Wilkie & Bonita L. Wilkie, Vernon C. Geiger & Barbara A. Geiger, and Gerald Schoenfelder. Request to replat Willow Creek Farm into 5 residential lots and 3 outlots. Located South of Bryant Lake and West of Flying Cloud Drive. A public hearing. The Planner stated that this property was rezoned in 1980 and that Mr. Don Sorensen was present to give the presentation. Sorensen reviewed the changes made from 1980 to present. He stated the staff report refers to the curb and gutter as concrete, but it will be black-top. He also stated that the City Forester has been to the site to study the trees, and that he has talked to the surrounding landowners and there has been no opposition. The Planner reviewed the staff report dated May 7, 1981. Sorensen stated that there was no objections to the staff's recommendations. Sutliff asked if there could be a cash bond fee to prevent the destruction of trees during the grading process. The Planner replied that the Forester has been at the site, and found most trees to be Cottonwood, Aspen, Lilacs, etc. so there would be no reason for the restriction. Sorensen then replied that they have tried to B save as many trees as possible and he and Mr. Harding will be on the site personally when any grading is being done to guard against additional tree loss. Torjesen asked the percentage of grade of the access road. Sorensen replied the percentage is 3%. Torjesen then asked if docks are anticipated. Sorensen replied two; which will be used by lots 1, 2, 4, & 5. Retterath asked if lot 3 would have access to the docks. Sorensen replied that the Wilkie's own lot 3 and would not have access to the docks. Levitt felt that the plan does not conform to the Shoreland Management Act because of lots less than 5 acres in an unsewered area. Levitt asked if the land to the south is within 1000 feet of the lake. Sorensen replied yes. Hallett asked when sewer is planned for this area. The Planner replied that the land has just recently been accessible to City sewer and if problems did occur, sewer could go in, but the proponents did not wish to be served at this time. Torjesen stated that he was concerned with the width of the cul-de-sac. Levitt asked why the black-top road would be 24' instead of the standard 28'. The ( Planner replied more trees will be saved, the road is being built by one property owner, but only serving lots on one side, and the number of lots to be served was small. Sutliff asked if the road would be a City road or private. The Planner replied public. Retterath asked if anyone in the audience had questions or comments. None were raised. iog� Unapproved Planning Commission Minutes -4- May 11, 1981 MOTION 1 Gartner moved to close the public hearing on Willow Creek 2nd Addition. Torjesen seconded, motion carried 6-0-1. Bearman abstained. MOTION 2 ' Gartner moved to recommend to the City Council approval of the Willow Creek 2nd Addition revised preliminary plat dated April 27, 1981 as per the staff report dated May 7, 1981. Torjesen seconded adding to recommendation #2 of the report: 50'+ROW from the road to be dedicated to the City and 100' of ROW from the cult- de-sac to be dedicated to the City. Motion carried 5-0-2. Levitt and Bearman abstained. /U$� STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: May 7, 1981 PROJECT: WILLOW CREEK 2ND ADDITION APPLICANTS: Elaine L. Sorensen, Joe'. R. Harding, Kathleen J. Harding, John P. Wilkie, Vernon C. Geiger, Barbara A. Geiger, Gerald P. Schoenfelder. PROJECT LOCATION: In Northeastern Eden Prairie, on the southeast end of Bryant Lake, bordered on the north by Willow Creek Road and on the east by Flying Cloud Drive. BACKGROUND The property is approximately eight acres (7.79) in size and was zoned to R1-22 in January of 1980. Fee owners at that time (Vernon and Barbara Geiger) agreed not to plat the property into more than five total lots; two of which were to be in excess•of two acres each and three to be one ( acre or larger. The sketch plan submitted at that time is attached. The current applicants propose a similar concept which differs in the following areas: 1) The road proposed to split the property originally is shifted to the southern property line, to fit better with the topography and to create more desireable lots (shape and house locations). 2) Two outlots (A & B) are to be created which would be owned equally by lots 1, 2, 4 & 5. This will provide land access to two lots otherwise not having it. SITE PLAN Construction of the cul-de-sac low on the hill is more sensitive to the site than the location originally proposed. However, filling will be required, as well as additional ROW from the property owner to the south. The road will be black-top, 24' in width with concrete curb and gutter. There is no sewer or water for this project, so individual systems will be installed. Attached to this report is a grading drawing showing construction limits. It should be noted that areas which are indicated as a solid tree mass on { the west end of the cul-de-sac are scrub species of small trees. The City Forester has inspected the site and found this to be the case. 1 Staff Report-Willow Creek 2nd. page 2 SHORELAND MANAGEMENT ORDINANCE Bryant Lake is classified as a Recreational Development Lake. Septic Fields and structures must be set back 100' from the Normal Ordinary High Water Mark (852.6 for Bryant Lake). Although lots without public sewer and water are required to be 5 acres or larger and 300 feet in width at the building line; the Planning Commission was aware of this fact previously and chose to recommend rezoning the property to R1-22 because this area would basically finish out the Willow Creek area with similar size lots. Any work proposed below the 852.6 contour will require a D.N.R. Chapter 104 permit. RECOMMENDATIONS 'the Planning Staff recommends approval of the preliminary plat dated April 22, 1981 subject to the following: 1. Since Outlots A & B are below the 852.6 contour, they are classified as Public Waters. Therefore, fiTling and dredging of alteration of this t area should be reviewed by the Eden Prairie Park and Recreation and Natural Resources Commission, the Nine-Mile Creek Watershed District, and the Department of Natural Resources. Building of structures over the Public Waters is regulated by the Shoreland Management Act. 2. Adequate ROW dedication from both property owners must be accomplished before the City can accept the street. Building permits should not (_ be issued until this has occured. 3. Cash park fee of $350 per home or what ever fee is applicable at the time of building permit. 4. The plan must be reviewed and approved by the Nine-Mile Creek Watershed District. CE:ss �`: \ ;'' .1• � ' i� •• f hQ 1 ik i� ik • ti I . . 1k • /1 `\ • V 1k- C-• \\\N • X • q ...igro, 1 1 1 1 1 0 r*•-,..,, __________,/,_,,„..,..,--->"7;....::),__.7 7,1- __ ___ _...(„_.,,, , .4°.- ------- ,b, ), it!e---------F.---.___—:--a)_Z• ' ‘,::.:-,:7=---Z-.•-'521:Z3--:::__•'^..... ....--:=____ .---------; ,_..... N\I\ r: ..,.:Z.,, ,,, ,'..:. ( . ) Q,' ' . .\:-/,'1,/ e ! / idil) L., ....,. } '.\)_, )) 1,, \ , J,A.I.t:'•,• . /."-'1> '‘Ay., ct 41 . b. . ' ( t dgf/////'' 1,:ifk-i'Ll( - ,k`k.,/.. c%), ,•, ,c:. .... 1 . ,....,,, '7 .1-(-•=?':- -,:tgle:::: ;,--(-4.----,,, -', 3----. 1, ______;-,--_ -A\ 1 - 1 . i if.-:. :-..„....._ \ \ '•\\\•,,' 1� � ti • I Y .,,l/) -P 1 \ ' •0. \!f•,..D—_--;* -:----- .--__-:_-,_.— :--.-1-=_iE:f1-±T::::.:07,--_-_______ — \-i,: / _ �` f�� F Th pit 1 /<' Oct.5, 1979 �y _ , /1„.C.:( 2'7,.,., 1:4.-7'c-- ---"?....'. 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"'..••••-'•-. •-•'..' /•'••••• 1 " [ #ti / 7/ / • . i / hi i ti� O r, 6 2 N • 1�r (..� '�, / \,,,,,,,,,...... ..N.,...c...............„,..- N44,\ e ,,,i 17 5 ) D6F na, ��roVv h �1+ x' 1 SORENSEN & SORENSEN ATTORNEYS AT LAW 4934 IDS Toe. b South E9hlh S".r MINNEAPOUS,MINNESOTA 55402 Telephone 16121 333 5319 DwrM J.Samoa ' $Wdd J.Satnwn(D.c.19791 April 30, 1981 City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 RE: Platting of "Willow Creek" 2nd Addition • Gentlemen; This letter is written on behalf of all of the people involved in the platting and development of the land to be known as "Willow Creek" 2nd Addition. The subject property is bounded by Flying Cloud Drive (Old Highway #169) on the East; "Willow Creek" Subdivision and an 4 unplatted parcel of land on the North; Bryant's Long Lake on the West; and an unimproved parcel of land containing about 9.7 acres which is owned by Gerald P. Schoenfelder, one of the applicants herein, on the South. The proposed plat encompasses a little in excess of eight (8) acres of property and would contain five (5) single family detached lots and three (3) outlots upon which no construction would take place. The applicants are as follows: 1. Elaine R. Sorensen, Joel R. Harding and Kathleen J. Harding who are residents in the adjacent "Willow Creek" subdivi- sion and are Contract For Deed purchasers of the land identified as Lots 1, 2, 4 and 5 and Outlots A, B, and C on the proposed plat. 2. John P. Wilkie and Bonita L. Wilkie who are also residents in the adjacent "Willow Creek" subdivision and are the unencumbered fee simple title owners of the property in the pro- posed plat which is identified as Lot 3. 3. Vernon C. Geiger and Barbara A. Geiger who are long time residents of the subject property and the unencumbered fee simple title owners of Lots 1, 2, 4 and 5 and Outlots A, B and C and the immediate past owners of Lot 3 of the proposed plat, all of which property has been known as Willow Creek Farm. 4. Gerald P. Schoenfelder, who is the unencumbered fee /086 City of Eden Prairie Page Two simple title owner of the property to the South of the proposed plat and who has agreed to dedicate that part of the road and cul-de-sac right-of-way which is located upon his property to the City of Eden Prairie at no cost. The subject property is presently zoned R1-22 as the - result of Ordinance 79-42 which was unanimously adopted by the Eden Prairie City Council on December 4, 1979. The said re- zoning provided that the subject property could be divided into no more than five (5} lots, two of which were to be over two acres in size and three of which were to be over one acre in size, and the City Council's action further provided that this property could be so platted and improved without the install- ation of City water and sanitary sewer, but rather could be served by private wells and septic systems. The proposed plat is consistent with the criteria underlying Ordinance 79-42, however, modifications were necessary to preserve the amenities of the site and to enhance quality of the development. The more significant of these modifications and the reasons for them are as follows: { a) The public road was moved from the center of the property to the Southern edge for the reasons that 1.) a lot lying to the South of a roadway in the center of the property would be unbuildable without an extensive amount of fill and even then that lot would be exposed to heightened noise poll- ution and unattractive views, 2.) A roadway in the center of the property would result in the lots to the North and South of that road having a depth of but 110 feet and would necessitate the removal of a significant and beautiful stand of pines on the lot to the North of the road, for a building site, and 3.) A road- way in the center of the property would have required a sub- stantial cut operation so as to meet City street grade standards and would have opened the property to the view of the State Highway Department operation across Flying Cloud Drive to a greater extent. b) Outlots A and B were created for a two fold pur- pose. First, it was felt that as almost all of Outlot A was marshland which is inhabited by a variety of wildlife, it could be more easily protected from human intrusion by common ownership and stringent restrictions on use which will be filed. Second, rather than have access to Bryant Lake restricted to two or three lots, it is believed that all of the owners in the sub- division should have this privilege so Outlot B was created to be owned in common by Lots 1, 2, 4, 5 and Outlot C and that the use of Outlot B will also be controlled by filed restrictions. c) While the lot sizes vary from those stated in for . City of Eden Prairie Page Three December, 1979, the number of buildable lots remains the same, and each of the buildable lots exceed the Shoreland Management Acts' 40,000 square foot standard. The lot sizes were to a large degree controlled by the existing structures on Lot 4 and by the applicants desire to preserve the vegetation and topography of the property which required that the siting of walkways, drive- ways, building pads, etc, be accomplished by having the lot lines placed by staking the property itself. It is the intent of the applicants to create a high quality residential setting which will complement the adjacent "Willow Creek" subdivision. To promote interaction between and neighborliness among the residents of "Willow Creek" and "Willow Creek" 2nd Addition,a pedestrian pathway system has been created through the subject property which will eliminate the need for children and adults to walk along Flying Cloud Drive to visit their friends and neighbors. This pathway system will be located over the ten foot strip of Lot 2 which extends to Willow Creek Road, on the five foot drainage and utility easement on the north • edge of Lot 2, along the meandering five foot utility and drainage easement on the West edge of Lot 2 to the Cul-de-sac, and on the ten foot utility and drainage easement along the northeasterly f and northerly edge of Lot 5 to Outlot B. While Lot 4 may be acquired by the Mr. and Miss Harding for their new residence and Mr. and Mrs. Wilkie have no present intention of selling Lot 3, the remaining three lots (1, 2, and 5) will be placed on the open market for sale. (As evidence of the desirability and need for this type of residential development, Ms. Sorensen and Mr. and Mrs. Harding have already been approached by over a dozen people expressing an interest in purchasing one of these lots, even though there has been no public announcement of the possibility of this development.) The applicants have spent considerable time and effort in attempting to achieve what they consider to be a most sensitive and appropriate proposal and' wish to thank the City's Planning, Forestry and Engineeriny staffs for their insights and assistance, and trust that this application will obtain the City's approval as a unique addition to Eden Prairie. Yours very truly, • SORENSEN & SORENSEN by Donald J. Sorensen DJS/bjt l CITY DF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-96 RESOLUTION APPROVING THE PRELIMINARY PLAT OF Willow Creek 2nd Addition BE IT RESOLVED by the Eden Prairie City Council as follows: • That the preliminary plat of Willow Creek 2nd Addition dated April 27, 1981 , a copy of which is on file at the City Hall and amended as follows: • is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the •" day of 19 • Wolfgang H. Penzel, Mayor John D. frane, City Clerk SEAL • /U89 llans • t•r� re )(times S NORTIIMARK TOWIIIIOMES IN THE PRESERVE • THE CARRIAGE HOUSE I is a two bedroom home with patio doors off the living/dining room to deck, spacious kitchen with eating area, walkout • lower level (which can be finished). BASE PRICE $77,675 THE CARRIAGE HOUSE II is a unique home with one large bedroom suite, vaulted ceil- ings in living area, formal dining room, sunken conversation area in living room, deck and walkout lower level (which can be funished as fawlly room or second bedroom.) BASE PRICE $79,675 THE CARRIAGE HOUSE Ill your was ter sui te/loft with its large full bath, walk-in. closet and private sitting area, overlooks the spacious living room. The first floor has a second bedroom, dining room and a very special kitchen with custom cabinets and a snack bar. Add options such as a half bath, patio doors and fireplace and you have extravagant living at an enonomical price. BASE PRICE $64,150 THE CARRIAGE HOUSE IV this is an exciting one bedroom plan with an 18 foot living room, Adding options like a vaulted ceiling, patio doors and fireplace gives you exceptional living found in homes costing thousands more. BASE PRICE $60,100 CURRENT INTERES1 RATES ' 10% Down B: INTERFUND 10% Oown 13 7/0% CONVENTIONAL 25% or MOre Down 12 7/8% CONVENTIONAL ASK ABOUT OUR INTERF'UND PLAN PRICE AND INTEREST RATES SUBJECT TO CHANGE lt'.TIIOUT NOTICE 050181 • 2245 klrr Siren North SI.Pool.hbottettota 55113 Phone(612)413.10101 /M O We Ruud Dreams. i,� (Unapprove) Planning Commission Minutes -4- May 11, 1981 ( ALL MEMBERS PRESENT. V. OLD BUSINESS • A. Review of changes to Ban Con's Northmark Quad Units in the 3rd & 4th Add. The Planner stated that'HansHagen,of Hans Hagen Homes (formerly Ban Con) was present to give a brief review of the changes. Hagen stated that he had distributed material to adjacent landowners on the unit modification. He stated that the basic difference is the height and floor plan, and the rest is the same. Sutliff asked if there will be more units than proposed. Hagen replied no but that he would like to inter-mix the previous units with the new ones. Bob Dunbar, 11270 Landwood Circle asked if there would be different land- ( scaping done. Hagen replied that similar landscaping would be done. Larry Peterson, The Preserve, stated that The Preserve reviews the new designs and subsequent changes to the homeowners committee. Mike Peterson, 11140 Lanewood Circle stated that he felt that the new unit will reduce the existing property values. Les Sebo, 11275 Lanewood Circle stated that he did not understand the need for adding a new unit. Hagen replied that the new units will make it easier for newly marrieds, single people, and retired people to purchase. Sutliff asked if the new unit could be changed from a one-car garage to a two-car garage. Hagen replied that it would enlarge the ground coverage above what had been planned for in the original plat. Gartner stated that she was concrened that there was only sone exit from the house. Hagen replied that the door from the,house to the garage is now standard. MOTION Hallett moved to accept the unit design change requested by Hans Hagen Homes for Northmark Third and Fourth Additions. Gartner seconded, motion carried 3-2-2. Hallett, Gartner, & Retterath voted "aye"; Levitt and Torjesen voted "no"; Bearman and Sutliff abstained. Bearman abstained because he felt the change was not significant enough to require a review by the Planning Commisssion. Levitt stated that he was persuaded that the introduction of the new unit could have an impact on the surrounding neoghbors not contemplated in the original plan. 1011 9s9 STAFF REPORT TO: Planning Commission FROM: • Chris Enger, Director of Planning DATE: May 8, 1981 •SUBJECT: Additional Unit Type for Northmark 3rd and 4th Add. In 1980,Ban Con, (now Hans Hagen Homes),was granted zoning and platting approval for construction of quadraminiums (Carraige Houses) in two different areas in The Preserve. At that time, although they had only one unit type, they were granted approval. Quads have been popular with builders because of their efficiencies of building (similar construction repeated many times). • Although we have become quite concerned about the prolification of of quads (because of their lack of variety and potential barracks-type site plans) these projects presented a modified exterior appearance and were done in limited numbers. Hans Hagen Homes has developed an additional quad-type unit which will fit on the exact same foot print. The unit is about 1000 sq. ft., two bedroom, and has a single car garage. We have included copies of renderings and floor plans of these units. The staff feels that addition of this unit type to Northmark 3 and 4 Additions is compatible with the original building type and should be a real asset to the project, by not only introducing additional variety into the neighborhood but also providing additional affordable housing in the community. Mr. Hagen will be present Monday night to explain the unit more fully. He will have delivered a letter explaining the addition and literature on it to the abutting neighbors. • The Planning Staff would recommend your acceptance of the introduction of this unit to the 3rd and 4th Additions. • CE:ss • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission TIIRU: Carl Jullic, City Manager • FROM: Bob Lambert, Director of Community Services 714: - DATE: May 12, 1981 SUBJECT: Swedlund Property Appraisals In April, the City Council authorized staff to obtain two appraisals of the Len Swedlund property at 9000 Riley Lake Road. The City has a one year old appraisal at $325,000 and the property was on the market.for $595,000. Due to this vast difference in perceived value of this property, staff requested two appraisals hoping that two appraisals done at the same time would be fairly close in value and establish a good basis for making an offer on this property. After discussions with Mr. and Mrs Behlmer, realtors for the property, staff indicated that after seeking an appraisal of the property, staff would attempt { to negotiate an option that would hold the property at a price certain while the City applied for LAWCON and State Natural Resource funding assistance. Unfortunately, the two appraisals only served to prove the point that placing a value on any property is a very subjective decision. Mr. Brad Bjorklund, Capital Appraisals, Inc., has apprasied this property of having a market value of $380,000. Mr. Cloward Laurence, Howard Lawrence Appraisals, Inc., has appraised this property as having a market value of $500,000. City staff questioned Mr. Lawrence on his comparable sales noting that seven of the fifteen comparables were on Lake Minnetonka, a lake with development, shopping center, etc. not really comparable to Riley Lake in Eden Prairie. Mr. Lawrence agreed . that Lake Minnetonka property is more valuable than Riley Lake property, but those were the most recent sales on lake property in the general area. • The staff would again remind the Commission and Council that although the City is applying for LAWCON grants, due to the recent Federal action regarding LAWCON grants, the City should not anticipate receiving Federal assistance in 1982. There appears to be a fair chance of receiving State assistance, which would he limited to 50% of the project to a maximum funding level of $200,000 per project. This project would have to be ranked extremely high to get State funding because of the limited funds :and the number of applications. City staff requests authorization to negotiate an option on the property that would hold the property at a fixed price until January of 1982. Further, staff ( would recommend that this option would guarantee selling the property to the City for a price not to exceed $400,000 and would allow the Swedlund's to live on the property rent free for five years (Swedlund to pity all utilities and minor repairs to the structure). Staff would also recommend price for the option at $5,000, this price to he subtracted from the purchase price if the City completes the option and purchases the property. //02 Staff. has also attached a letter from William I. Kampf, attorney for Leonard and Joan Swedlund, in their Chapter 11 proceedings. Mr. Kampf is requesting the City to make an offer on the property or to publicly state the City will not be purchasing the property for park use, as Mr. Kampf feels that public discussion of possible park acquisition makes the property unmarketable. BL:md • • • r06)y • 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: May 14, 1981 SUBJECT: Earl and Helen More Home Acquisition On May 5, 1981, the Eden Prairie City Council authorized staff to negotiate with Earl and Helen More for the acquisition of their property at 8107 Eden Prairie Road for the purpose of a historical site. On May 12, 1981, Community Services Director Lambert negotiated the acquisition of their home under the following terms: - Selling Price $140,000 $15,000 June 1981 $40,000 plus interest payable Jan. 1982 $21,250 plus interest payable Jan. 1983 $21,250 plus interest payable Jan. 1984 $21,50 plus interest payable Jan. 1985 $21,250 plus interest payable Jan. 1986 - Seller agreed to pay the first half taxes, the City will pay the last half taxes for 1981. - City pays all future specials (no specials exist as of this date). - City pays for all major improvement to the property defined as follows: new roof if needed new well or septic system if needed (water and sewer hookup) new furnance if needed • - Seller retains the right to live on the property free of rent for as long as Mr. or Mrs. More reside at the home. - Seller must pay all utilities and repairs to the home not listed • here during their residence. • -2- • - Seller is responsible for insurance and security of all building contents. - City is responsible for fire, wind, etc. insurance on the structure as well as liability insurance on the property. At this time, City staff requests the City Council to authorize purchase of the Earl and Helen More home for a City historical site for the price of $140,000 contingent upon the terms listed above. • BL:md • • • • MEMORANDUM CTo: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services^'> DATE: May 12, 1981 SUBJECT: Red Rock Park Acquisition On May 8, 1981, Roger Pauly, City Attorney, and I met with Mr. and Mrs. Virgil Seifert to negotiate acquistion of 15.12 acres of their property adjacent to Mitchell Road for park purposes. At that meeting, the following terms were agreed to: The City would pay $97,757.18 as the purchase price. The Seifert's would pay the existing back taxes of $2,757,18. 7 • The City would also pay the remaining special assessments totaling $4,013.71. The total cost of the park for the City $99,013.71. The City agreeed to pay 55% down ($53;766.45) with the balance due the first week of January 1982. At the June 1, 1981 of the Parks, Recreation and Natural Resources Commission staff will present a concept development plan for Red Rock Park. Staff will send out ( information to residents within the neighborhood indicating the concept plan and requesting input at the June 1 meeting. Staff would then hope to get final approval of the plan at the June 16 Council meeting and hope for grading and seeding in late August or early September. - City staff requests the Council to authorize the acquisition of the Virgil Seifert property to serve as the neighborhood park for the Red Rock area, for the price and terms listed above. BL:md • • • • • E .. i`- C • • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager AA,, FROM: Bob Lambert, Director of Community Services�iy�— • DATE: May 14, 1981 • SUBJECT: Request Authority to Advertise for Bids for Middle School and Creekwood Tennis Courts As part of the 1979 Park Bond Referendum, the City committed to constructing two tennis courts at the Creekwood Park site as well as two tennis courts at the Middle School site. Eden Prairie School District 272 has determined that in order to provide a sufficient number of tennis courts to accommodate the physical education class an additional four courts should be constructed at the Middle School, for a total of six courts at that site-. The School District Board has approved $40,000 for this expenditure. Estimated cost for the six courts is $65,000. The estimat ed cost for the two tennis courts • at Creekwood is $25,000. The City portion of these construction projects r is included in the Capital Improvement Program for these sites. At this time, City staff requests authority to advertise for bids for construction of the six tennis courts and the Middle School and two tennis courts at Creekwood Park and to advertise for these projects on May 18 and 25, 1981. The City would receive bids on June 11 at 2:00 p.m. at Eden Prairie City Hall, to be reviewed by the City Council on June 16, 1981. The completion date for these projects is September 2, 1981. BBL:md • • I040 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 81-97 ( RESOLUTION ACCEPTING BID. WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 51-385 Lake Idlewild Drainage Improvements/Outlet bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids;and WHEREAS,the City Engineer recommends award of contract to Sandmark Construction, Inc. as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Sandmark Construction, Inc. in the name of the City of Eden Prairie in the amount of $18,775.65 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on May 19, 1981 Wolfgang H.Penzel,Mayor ATTEST: SEAL: John D.Frane,Clerk ►0°19 • May 14, 1981 • Carl Jullie, P.E. City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 RE: BIDS ON IMPROVEMENT PROJECT 51-385 DRAINAGE IMPROVEMENTS/OUTLET LAKE IDLEWILD RCM FILE NO. 801012 Dear Mr. Jullie: ET-Nili Bids for the above project were taken on Thursday, May 14, 1981 at 10:00 A.M. The low bid for the project was submitted by bids rieke Sandmark Construction Company. summary of the carrell is attached. uller aaoeiatesine The low bid of $18,775.65 is considerably below the engineer's architects construction cost estimate of $28,000. Competitive bidding engineers landsurveyora appears to be the reason for this difference. plannerS Although the low bidding contractor has not previously done work for the City of Eden Prairie, they have worked in several metropolitan communities and were recommended by staff of the City of Edina and the City of Mendota Heights. We therefore recommend awarding the project to Sandmark Construction Company. Very truly yours, Nancy J. euer RIEKE CARROLL MULLER•ASSOCIATES, INC. NJH:ca Attachment t , • loll Iasi street south post(Alice box 130 • hop&nS.nunnosota 55343 612.935 6901 1100 SUMMARY OF BI0S I.C. 51- 385 • DESCRIPTION: Lake Idlewild Drainage Improvements/Outlet BIDS OPENED: May 14, 1981 10:00 A.M. CONSULTING ENGINEER: Rieke Carroll Muller Associates, Inc. CHECKED BY: BID BIDDER SECURITY TOTAL AMOUNT Sandmark Construction, Inc. 5% $18,775.65 0 & P Contracting, Inc. 5% 21,812.60 F. F. Jedlicki, Inc. 5% 22,752.00 8rown & Cris, Inc. 5% 23,640.65 Ideal Enterprises, Inc. 5% 25,773.50 Northdale Construction Co. 5% 26,272.25 Parrott Construction, Inc. 5% 26,516.70 G. L. Contracting, Inc. 5% 27,925.00 Julian Johnson Const. Co. 5% 28,556.00 Mennen Construction Co. 5% 28,809.00 Nodland Associates, Inc. 5% 28,977.00 Richard Knutson, Inc. 5% 30,460.00 Hayes Construction Co. 5% 35,697.00 The undersigned recommend award of Contract to Sandmark Construction, Inc. as the lowest responsible bidder for this Improvement Contract. ons ting Engine Carl J. Jullie, P.E. Director of Public Works/City Engr. ►Iol CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 81-98 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 51-344C West 70th Street - Sanitary Sewer, Storm Sewer, Watermain and Street Improvements. bids were received,opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids;and WHEREAS,the City Engineer recommends award of contract to Northdale Construction Co. as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Northdale Construction Co. in the name of the City of Eden Prairie in the amount of $318,001.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on May 19, 1981 Wolfgang H. Penzcl,Mayor ATTEST: • SEAL: John D.Frane,Clerk 110 • May 14, 1981 Carl Jullie, P.E. City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 • RE: BIDS ON IMPROVEMENT CONTRACT 51-344C SANITARY SEWER, STORM SEWER, WATERMAIN AND STREET IMPROVEMENTS WEST 70TH STREET RCM FILE 801015 Dear Mr. Jullie: Bids on the above project were taken on Thursday, May I4, 1981 �� at 10:00 A.M. The low bid for the project was submitted by Northdale Construction Company. A summary of the thirteen bids is attached. rieke canon mer The low bid of $318,001.00 compares quite favorably to the t ,.ociatesinc estimated construction cost of $400,000. The difference appears emhileds to be due to market conditions at the present time rather than engineers any specific discrepancy in unit prices. land surveyors planners The tow bidder is a reputable contractor and has previously done work ir. Eden Prairie. Therefore we recommend awarding the project to Northdale Construction Company. Sincerely, Nancy J. euer RIEKE CARROLL MULLER ASSOCIATES, INC. NJH:ca Attachment loll lust street south [';;"_..... • post office box 130 hopkms,mtnnesota 55343 612.935.6901 2 110 l/ e I:, • SUMMARY OF BIOS I.C. 51- 344C OESCRIPTION: West 70th Street Improvements BIOS OPENEO: May 14, 1981 10:00 A.M. CONSULTING ENGINEER: Rieke Carroll Muller Associates, Inc. CHECKED BY: • BI0 BIOOER SECURITY TOTAL AMOUAT Northdale Construction Co. 5% $318,001.00 Brown & Cris, Inc. 5% 330,193.80 Minn-Kota Excavating, Inc. 5% 347,377.00 Nodland Associates, Inc. 5% 352,57I.00 i M. G. Astleford Co., Inc. 5% 356,025.50 Crossings, Inc. 5% 357,345.00 G. L. Contracting, Inc. 5% 370,995.65 Axel Newman Heating & Plumbing 5% 374,029.00 * Richard Knutson, Inc. 5Z 383,246.80 F. F. Jedlicki, Inc. 5% 390,630.50 Progressive Contractors, Inc. 5% 393,507.15 Mennen Construction Co. 5% 399,576.50 Parrott Construction, Inc. 5% 406,831.90 *Corrected total. The undersigned recommend award of Contract to Northdale Construction Co. as the lowest responsible bidder for this Improvement Contract. Consu ing Enginee Carl J. Jullie, P.E. Director of Public Works/City Engr. i io3 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-99 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 51-341-B - Anderson Lakes Parkway Signal bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and, WHEREAS, the City Engineer recommends award of contract to: Egan-McKay, Electrical Contractors, Incorporated as the lowest responsible bidder. �. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and.City Manager are hereby authorized and directed to enter into a contract with Egan-McKay, Electrical Contractors, Incorporated in the name of the City of Eden Prairie in the amount of $27,400 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on May I9, 1981. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, Clerk ( SEAL: • • 1104 BED ® MIN1EAPOLIS CHEYENNE DENVER • May 15, 1981 Carl Jullie City Administrator City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Construction Bids Improvement Contract 51-341-B Anderson Lakes Parkway Signal Dear Mr. Jullie: Bids were received and opened at 10:00 a.m. on Thursday, May 14th, 1981, on the above referenced project. The bids were as follows: Bidder Bid Egan-McKay $ 27,400 Hoffmann Electric $ 29,000 Batzli $ 29,394 It is recommended that the Council award Improvement Contract 51-341-B to Egan-McKay Electrical Contractors, Incorporated, in the amount of $27,400. Egan-McKay is a reputable contractor capable of performing the work specified and their bid was within the scope of the Engineer's estimate. Sincerely, • BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC. Gary J Erickson, P.E. GJE/dh • File: 21-8016 GAINER.PiNGROSE,WOLSFELD.JARVIS.GARDNER,INC_ 2826 UNIVERSITY AVE.S E. MINNEAPOIIS.MN 55414 PHONE 61219620/6 rirn May 19, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-100 RESOLUTION RECEIVING REPORT, ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENTS IN VALLEY PLACE OFFICE PARK, I.C. 51-409 BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and , to be benefitted from the proposed improvements for Valley Place Office Park, I.C. 51-409; have petitioned the City Council to construct said improvements and to assess the costs against their property (Resolution R81-73). 2. The City Engineer, with the assistance of RCM, Assoc., has prepared a feasibility report covering said improvements and has presented same to the City Council recommending the improvements. to be made. 3. Pursuant to M.S.A. 429.D31, 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. 4. Pursuant to M.S.A. 429.031, Subd. 3., the City Clerk is hereby directed to publish a copy of this resolution once in the of- ficial newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. ADOPTED by the City Council of the City Council on' Wolfgang H. Penzel, Mayor ATTEST SEAL ( John D. Frane, Clerk //06 TO: Mayor and Council FROM: John Frane DATE: May 15, 1911 RE: Insurance Proposals for insurance were opened Thursday May 14, 1911. A summary of the proposals is as follows: League New M. E. Lane Trust Horizon Robbery 214 91 Employee Bonds 633 see below Contractors and Radio Equip. 1227 1643 Warkmans Compensation 73963 69156 General Liability 12113 9516 Liquor Liability 6342 see below killings 412I 6875 Auto 1641! 14376 Miler and Machinery 1133 see Delow Sur Total 116315 112436 Estimated Discount% 31.7% 25% Discount 36169 2561! 79436 76127 Liquor Liability see above 737! Boiler & Machinery 4, 1133 Employees Bonds " 633 Net Cost 79436 15972 Public Officials 2446 2446 Umbrella 7211 7211 3811 The council could award the basic coverage to the M. E. Lane Agency which is using the Home Indemnity Insurance Co. in the amount of $79,436; the Public Officials coverage to the M. E. Lane Agency using the Midland Insurance Co. for $2446. The umbrella policy could be awarded to the New Horizon Agency using the ell Republic Insurance Co. for $3DN 1 1101 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST May 19, 1981 CONTRACTOR (1 & 2 Family) Gorco Construction Lundgren Bros Construction Minnesota Custom Decks Remodeling Co. Sunburst Homes, Inc. PLUMBING Genz-Ryan Plumbing & Heating Co. Hoff Plumbing Hohlen Bros. Plumbing & Heating . Shore Plumbing & Heating Zachman Plumbing & Heating HEATING & VENTILATING Daleiden Plumbing & Heating, Inc. Zachman Plumbing & Heating GAS FITTER Daleiden Plumbing & Heating, Inc. SEPTIC SYSTEMS Plumbing Services Co. Rybak Digging & Trenching Service VENDING MACHINES American Aviation Coco Cola Bottling Co. TEMPDRARY BEER LICENSE • Lion's Club - Schooner Days PRIVATE KENNEL LICENSE E. J. Renier - Public Safety Report Attached Daniel Rosen - Letter to Mayor from Mrs. Rosen Attached Information requested by Council of all Private Kennel licenses attached. These licenses have been approved by the department head responsible ,f r the`'l icensed activity. at oTie, Licensing Clerk ��QO • DATE: 2/6/81 TO: Becki Warner FROM: CSO Pauline Olson SUBJECT: Follow up to Kennel Investigation on 13895 Holly Road . Since Mr. Renier's kennel application last year, the Police Department has had one contact with Mr. Renier regarding his dogs. The incident regarded one of Mr. Renier's dogs leaving his property and stopping on his neighbor's lawn. On the front steps of his neighbor's home the dog bit the neighbor's child. I have driven by the Renier's home on different occassions and have not seen the dogs, nor.have I heard them barking. • • • i .� llu9 MAY i 219M1 F1;.,P.h:ac t.c:r., ', ,,i,s:1i- ,-L` LA4.'e- . .`lh 0.2- .aAL j d.. ;fir ei L . )4O k ,W n_�L4-Wt a.ci4. d,ega cu4 ; 4.ct "`8- i JJe...had ail. v.,y„ti.r_. sax viti...mu '4Q1 ( V-14. ...L.r.e-e.•.a-L. ..A �c u• J °Last`f' o aP+-Doi `0 - 'J-kt day. -14-a . ciw. 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' 1 h_a- i V-.h inn d. cLa_d Vh.a.t... .:u.U. ..C,t,.-!-N.La . .,., ..t_0-1LA-AA, .W uL Y-iad%-f ...t-AczA el, .j ,' v_lcu.A.d-6a.bud.:.:e...y- 61 cd.t,.,, a_cch. ...�vC--t4 c,2J1n.tirlsr0 O. `ritA- /v,�c.th,na tL ' 6. v plLl0.1.a..t n-o b.n.(_ ..1-41- ;;14-1.,h.0,,,ocL e..i. -.t)-.d.lt:U.rl_d- : 9ui LA) At) )1.h.a...-c ,Lo b ti_Lo d- — ci-.tJ... )1-fvk t[. , { dor, ax.¢ in a-c.,,.k ,aJ GLof ,a . a e crnah J .d, ,,,Xo..�x Ink. /n'c.`�`�-""c a : „1.-4-1r.44-, a Wah.e at ....w-e. ---A.exec. cLncd&= /t.e*- ' All-oh-� -e'v,'ja.a-uc�..e, au..4-4...,a-a-�4.t a-tc-o-4J ,.nub rt41-, e-t rxpfLcux a-tir3- LIACI-7C OK ¢h.d. Pia:A A.A. ...4.w .ctA ` 2 4-0 'lei Q'a' Q-.A' . • , � e. tti.._,..r.: rst'.--`dam,. y hat. y_.(t ea.u.n e,'o- ..tJ. &..t.4.1_ . e.0-s.-°4. '. ..f&434.-`...`J' 6-4-h- C Lt, " ' l cf Q ccSi.or a e- "A °t I ho a . k � 11 a- Oc . c r, ..1f)p,t, �. ;it, Irttc..Iy Ant' ,b.z ..trc,e-.�. rca•.�-.(ot )alc-'-- •.,I sjal.A.1A. ...i.y .d.d a- ek-..o c1,n aJ 1 eiA /ten't 0.d/ .„..c.:4 4...„` f1 d� ( .-41..i.0 n 4..8.1-e , eou..all. v Za...l.a-f•, 1..ti.J lid • MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Roger A. Pauly, City Attorney DATE: May 12, 1981 At the last meeting of the Council a question was raised as to whether applicable ordinances impose any minimum lot area require- ment for issuance of a private kennel license for the keeping of dogs. Ordinance No. 134 which provides for the licensing of kennels provides at Section 15C that no "private kennel be established or maintained in any residential area where the minimum required lot area per dwelling ( unit is less than one acre." I am advised by the Planning Department that the premises identified as 10266 Laurel Drive is located in Prairie East Addition. That area is zoned R-1 13500. fdd • • TO: Mayor and Council FROM: John Frane DATE: May 7, 1981 Re: Private Kennel Licenses The following locations have private kennels. Address Acres Animals 7041 Alpine Trail .50 3 6982 Alpine Trail .75 3 14301 Crown Drive .67 3 6285 Duck Lake Road 4.60 18 13895 Holly Road .50 3 9450 Lakeland Terrace 1.78 3 15749 Lake Shore Drive 1.72 3 ff The minimum area by Ordinance 134 is one acre. The ordinance also allows the City to set other conditions of the license. • i1!3