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HomeMy WebLinkAboutCity Council - 07/21/1981 • EDEN PRAIRIE CITY COUNCIL ESOAY, JULY 21, 1981 7:30 PM, CITY HALL C UNCIL MEMBERS: Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and Geerge Tangen •Y COUNCIL STAFF: City Manager Carl Jullie; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Bob Lambert; City Engineer Gene Dietz. and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE • ROLL CALL • - I. PRESENTATION OF HUMAN RIGHTS AWARDS TO NATHANA STENEM.AM AND KAREN OLNESS, HAKON TORJESEM,ERIK, KRISTINE`MAL1KA & MADK Page 1491 II. APPROVAL of AGENDA AND GTHER ITEMS OF BUSINESS III. MINUTES OFTHE CITY COUNCIL MEETING HELD TUESDAY, JULY 7, 1981 Page 149% IV. CONSENT CALENDAR A. Clerk's License List Page 150E B. 2nd grading_of Ordinance No. 78-200, rezoning from R1-22 to Community Page 15S2 Commercial for Eden Er ne Geocery and developer's agreement C. 2nd Reading ofOrdinance No. 81-01, rezoning from Rural to RM 2.5 Page 1511 for idrevale Apartments O,} Cr1ervalc Apartments, a_partnership, and devriopr''s agreement D. Consider bids for CreekviewEstates Improvement project, I.G. Page 1531 51-375 (Resolution No. 81-1_38 1 E. Resolution No. 81-137. confirmieo administrative land division Page 1532 almiroval for Castle Ridge = - F. 2nd Reading of Ordinr.nce No. 81-10, rezaning lot 1, block 1, from R1-13.5 Page 1531 to 6' 6.5 for 1 durlcx, Lake lrail Estates by Swenson ly Schwartz G. 1st Reading of OrdinanceNo. 81_36 _Z ar._ending Ordinance No. 81-35, Page 1536 the orelinancr, aut'wr lira! the declaration of 4 State of water emergency- d r nc which time the use of water shall be re julated,_and presci itinn a feeal_ty. H. Authorization to aevertits and rcreive bids for construction of a well Page 153CC to serve the irrrnaticn ys1er at 6:-Aird I i Park — ( I. Approve plow-, and specification', or I.C. rl 381 °unnybrook Road Page 1539 mproveents, ond eel ri u i 1r i t itcaived 10:00 AM, A:i.gust 1 1RN1 (Ilccrrletinn le. Sl-ii1; 1 Council Agenda - 2 - Tues.,July 21, 1981 J. Approve..pllans and specification; for I.C. 52-005, Eden Roadimprovements, Page 154C and authorize bids to be received 10:00 AM, August 13, 1981 (Res.No.81-141) K. Final plat approval for Fairway Weeds 3 (Resolution No. 81-14.0 ) Page 1541 L. Final 9jproval for Municipal Industrial Development Bonds in the • Page 1542 amounntsof 7clo f.75 0u ,te olution No. 81-1_3Dand 157,375.8( (Resolution No.811-1 2) for Ryan Luke Ridge Project M. Final approval for Man_ej al Industrial Development Bonds in the amoopts of 5 .42,25p 00 (Resolution No. 81-133) and $48,450.00 (Resolution No 81-134)jor Gi ' e P,artn,rship Project N. Final approval for Municipal Industrial Development Bonds in the ,.mou_nLs of 335p.625.00 TResolution No. 81_135)and $70,125.00 (Resolution I V. PUBLIC HEARINGS A. BLUFFS FAST b�lustad Development corporation. Request for PUD Page 1544 1 0evel5111ent State approval, rezoning from Rural to RM 6.5, and !' preliminary platting of 106 townhouses with possible variances. Located in the south,u:st corner of Co. Rd. 1 and Franln Road (Ordinance No. 31-i1 and Resolution No. 81-143) VI. PAYM1TNT OF C1.AI^1S NOS. 7408 - 7631 Page 1559 1 ( 'I1. REf 0 TS OF ADVISORY 90ii i1SSj0NS A. historical. « Cultural Commission - Grill Reuse Page 1564 • VIII. RCPONTS OF OFFICERS, BOfiRCS_& CONMISSiONS A. Reports of Council MemPers B. Report of City Attornevv C. Report of_City Manager p b. Report of Director of Community Services 1 1. community Center Chn e Order Page 1584 i 2. Flying Cloud Ballfiell Road Access Page 1586 two E. Report of City Engineer 1. Receive petition and authorize preparation of FcasibilityRepsyt Page 1587 for drein��c;c_ layrovelliouts norLb of Mom tm Drive, I.C. 52-007 (Resolution No. al-139) — --- --- — — IX. NEW DUSTNESS_ ( X. A:'JWORNMciil. i • MEMORANDUM TO: Mayor and City Council THRU: Bob Lambert, Director of Community Services FROM: Rae Biy, Human Services Coordinator DATE: July 16, 1981 SUBJECT: Human Rights Awards On Monday, June 8, 1981, the Human Rights and Services Commission reviewed nominations for the 1981 Human Rights Award. Nathana Steneman was nominated for her volunteer work with parenting education groups and for her efforts as a facilitator of a parent's support group in Eden Prairie. Karen Olness, Hakon Torjesen and their famiiy were nominated for their volunteer work with Loa refugees in Thialand and for their continued efforts here in Minnesota. Both nominees clearly met the criteria for the award, one working strictly at the local level and the other at an international level. Because of the difficulty in comparing the two nominees, and because the Commission had not made an award in 1980, the decision was made to present two awards this year. • RBmd • !4a 1:. • UNAPPROVED MINUTES ( EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 7, 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, City Engineer Gene Dietz, Finance Director John D. Frane, Planning Director Chris Enger, Dir- ector of Community Services Bob Lambert, Director of Public Safety Jack Hacking, Community Center Manager Chuck Pappas, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Paul Redpath was absent I. PRESENTATION OF CHECK BY THE EDEN PRAIRIE LION'S CLUB AS LAST PAYMENT ON THE PDLICE RESERVE VEHICLE Dick Gran, immediate past President of the Eden Prairie Lion's Club, presented a check for $1,350.00 to Mayor Penzel. Penzel accepted the check on behalf of the Council and the residents of Eden Prairie and thanked the Lion's Club for its generous support. This payment is the final installment on the police re- serve vehicle. II. APPROVAL DF AGENDA AND OTHER ITEMS OF BUSINESS The following item was removed from the Consent Calendar as IV. I. to X. D. 4. Policy on public use of City facilities. The following item was added to the Agenda as item VIII. C. Addendum to the CPT Developer's Agreement. The following items were removed from the regular Agenda and placed on the Consent Calendar: X. D. 2. Request from HAEP (Hockey Association of Eden Prairie) - becomes item IV. K.; X. D. 3. Tax Forfeited Lands -becomes item IV. L.; X. E. 1. Receive petition and authorize plans and specifications for Eden Road between TH 169 and Eden GTn Road, I.C. 52-005 (Resolution No. B1-116) -becomes IV. M.; X. E. 2. Final plat approval for Eden Glen (Resolution No. 81-127) - becomes IV. N. MOTION: Edstrom moved, seconded by Bentley, to approve the Agenda as amended and published. Motion carried unanimously. City Council Minutes -2- July 7, 1981 III. MINUTES ( A. Minutes of the Board of Review from meetings held May 26, 1981 and June 15, 1981 MOTION: Moved by Bentley, seconded by Tangen, to approve the minutes of the Board of Review meetings held May 26, 1981 and June 15, 1981, as published. Motion carried unanimously. B. Minutes of the City Council meeting held Tuesday, June 16, 1981 Page 2, para. 1 following item Q.: PIN #04-116-22-14-0002. Page 3, para. 3 - add the fol'owing sentence to end of para.: Edstrom disagreed with the interpretation of the Ordinance and suggested the matter be considered by the City Attorney. Page 4, under C. 1. - add to the last sentence: Shakopee, to pay a share of the appeal costs, and to file a brief as a friend of the Court. MOTION: Moved by Tangen, seconded by Bentley, to approve the minutes of the June 16, 1981, Council meeting as amended and published. Motion carried unan- imously. IV. CONSENT CALENDAR A. Clerk's License List . B. Approve advertisement for bids for development of Red Rock Park & Staring Lake Park C. Approve advertisement for bids for Round Lake Park Playground Structures D. Approve advertisement for bids for Round Lake irrigation system E. Resolution approving Quit Claim Deed to Hennepin County for right-of-way purposes along CSAH 4 adjacent to Round Lake Park (Resolution No. 81-128) F. Approve specifications and authorize bids to be received on July 30, 1981, at 10:00 AM, for 19B1 Water meter purchases, I.C. 52-003 (Resolution No. 81-129) G. Approve specificiations and authorize bids to be received on July 30, 1981, at 10:00 AM for 19B1 Seal Coat project, I.C. 52-002 (Resolution No. B1-130) H. 2nd Reading of Ordinance No. 81-09, rezoning 1.1 acres from Rural to Com- Reg-Service for Hardee's Restaurant by North Central Food Systems, Inc. and developer's agreement I. Policy on public use of City facilities - moved to item X. D. 4. City Council Minutes -3- July 7, 1981 • J. Set Public Hearing for use of Federal Revenue Sharing Funds for Tuesday, ( August 4, 1981 K. Request from HAEP (Hockey Association of Eden Prairie) - formerly item X. D. 2. L. Tax Forfeited Lands - formerly item X. D. 3. M. Receive petition and authorize plans and specifications for Eden Road between TH 169 and Eden Glen Road, I.C. 52-005 (Resolution No. 81-116) - formerly item X. E. 1. N. Final plat approval for Eden Glen (Resolution No. 81-127) - formerly item X. E. 2. MOTION: Bentley moved, seconded by Edstrom, to approve items A - H and J - N on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS A. Request for Municipal Industrial Development Bonds in the amount of $34O,OOO.DO for Frana & Sons (Resolution No. 81-122) Bob Ryan, Ryan Development, builder and developer of the Lake Ridge Office Park, spoke to the request. Also in attendance were Gary Frana, Tom Ryan, and Pat Ryan. Ryan stated that this request is for the fifth building out of a total of fourteen buildings. This request is similar to four others which have come ( before the Council recently. Gary Frana explained that they are General Contractors and this would be their office facility. Tangen asked whether or not Ryan Development expects every building which comes into their project to come in for this special financing. Tom Ryan I. responded that a good number of them may very well request Municipal Indus- trial Development Bonds if they are owner occupied. He pointed out that a small businessman is afforded the opportunity of owning his own building just as a large corporation is able to do. MOTION: Edstrom moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 81-122, requesting Municipal Industrial Develop- ment Bonds in the amount of $34O,OD0.00 for Frana & Sons. Motion carried unanimously. B. Request for Municipal Industrial Development Bonds in the amount of $2,3OO,O0D for Valley Place Office Associates (Resolution No. 81-123) Jeff Halpern, Halpern & Druck, representing GSJ Developments, spoke to the request. j 1 • W9q City Council Minutes -4- July 7, 1981 • Chuck Garrity, one of the partners in GSJ Development, further explained { the development which will be known as Valley Place Office Associates. He went on to say that 4 or 5 of the 9 buildings will be entirely owner occupied while the others would be 40 - 60% owner occupied with the remaining space rented. Building owners will form the partnership. A quit claim deed will be given to William Bearman for the 11 foot strip which had been under dispute. MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing and to adopt Resolution No. 81-123, requesting Municipal Industrial Develop- ment Bonds in the amount of $2,300,000.00 for Valley Place Office Associates. Motion carried unanimously. C. Lake Trail Estates Rezoning b: Swenson & Schwartz. Request to rezone lots 1 and 2, Block 1 and lots 5 & 6, block 2 from R1-13.5 to RM 6.5 for duplexes. Located along Carnelian Lane & north of TH 5. (Ordinance No. 81-10) Arvid Schwartz, Swenson & Schwartz, reviewed the location of the four lots, and stated that the owners of lot 4, block 2, and lot 3, block 1 have no objections for lot 2, block 1 and lot 5, block 2 being duplexes. Planning Director Enger stated the Planning Commission had reviewed this request at its June 8, 1981 meeting and voted (3-1) to recommend approval for the rezoning change for lot 1, block 1, but to deny the rezoning for the remaining lots. The matter was not reviewed by the Parks, Recreation and Natural Resources Commission. Bentley asked what the main reason for the request is. Schwartz said there is no market for single family dwellings on those lots because adjacent lots have been zoned for duplexes. Mark Stading, 7656 Carnelian Lane, said he knew at the time he purchased his home that three duplexes were to be built. He is against the request before the Council. Bill Pearson, owner of one of the duplex lots (#7), stated he is preparing to build on that lot and is considering purchasing another duplex lot should one become available. Nancy Holt, 17200 Park Circle, would not like to see the density increased and therefore is against the requested rezoning. Jim Taylor, 7741 Heritage Road, recently moved to Eden Prairie because he felt the homes here would have a good resale value and compared well with Edina as an up and going community. He feels there are other areas in the community which can be used for this type of development. Pearson stated he is an Eden Prairie resident and business owner. He feels that duplexes allow affordable housing and there is a need for that in Eden Prairie. City Council Minutes -5- July 7, 1981 Raymond Ince, 17210 Park Circle, wondered why the developer does not sell ( all the single family lots before attempting to sell the duplex lots. Schwartz responded that of the 46 lots in Lake Trails all but 13 have been sold. Four of these remaining 13 are those under discussion. The reason Swenson & Schwartz have not come before the Council before this time is that they wanted the owners of the lots around those they wish to have re- zoned to be aware of what they wish to do. Ken Geason, 7621 Atherton Way, stated he has been a resident of this area for 11 years and has appeared before the Council every two years regarding development in this area. He feels the City does not follow up on what developers have agreed to do. The same issues are refought year after year. He is tired of hearing about rezoning. Mr. and Mrs. John Henry, 17250 Park Circle, were unable to be at the meeting, but called to say they wished to go on record as being in favor of the recommen- dation of the Planning Commission and opposed to the developer's request. Bentley stated he is afraid this could open a real Pandora's Box within the community -- if market conditions dictate specific parcel zonings. Tangen commended the Planning Commission for a job well done on this issue. He concurred with Bentley's remarks. Edstrom agreed and spoke in favor of rezoning only one lot. Bentley questioned ( the validity of rezoning only one lot. Penzel said this should probably have been done when this area was originally rezoned and the one duplex lot fronting on Highway 5 would create a buffer. Tangen said this would not be setting a precedent because there are already duplex lots in the area. MOTION: Tangen moved, seconded by Edstrom, to close the Public Hearing and to give 1st Reading to Ordinance 81-10, rezoning lot 1, block 1 from R1-13.5 to RM 6.5 subject to the recommendations contained in the Staff Report and subject to the developer's agreement. Motion carried unanimously. Carol Scott, 7691 Heritage Road, asked if the residents can now consider the case closed. Penzel replied there is nothing in the law that prevents one from making such a request -- however, once a request has been denied, it can not be considered again for twelve months. D. Street and Utility Improvements on Sunnybrook Road between Homeward Hills Road and Olympic Hills 6th Addition, I.C. 51-381 (Resolution No. 81-126) City Manager Jullie stated the feasibility report for this project had come before the Council earlier, at which time this Public Hearing was ordered. City Engineer Dietz explained that the total project costs will be about 1 $165,000 for sanitary sewer, water mains, paving, concrete curb and gutter, y. and a modest amount of storm sewer on Sunnybrook Road from Homeward Hills 1 Road east to Olympic Hills 6th Addition. The developer of Olympic Hills 6th, II 14% City Council Minutes -6- July 7, 1981 • anticipating some resistance from Sunnybrook Road homeowners, agreed to (, pay the lateral water and sewer benefit for the entire project. Larry Russell, 12101 Sunnybrook Road, read a letter (contained as an addendum to the minutes) from Curtis S. Connaughty and Mary Connaughty of 11860 Sunny- brook Road in which they protested the recommended road assessment. Russell said the only one who benefits from a project of this kind is the developer. Ted Allen, Attorney for the Faulks and the Reynolds who are major landholders in this area, stated that the benefit of this project does not go to those who are being assessed. Penzel asked how the proposed assessment compares with those normally assessed. Dietz explained that adjacent property owners would be paying about 53% of the cost of the street, and water and sewer for the project. In most cases the prop- erty owners would be paying considerably more than this amount. A typical assessment for sewer and water on an average lot runs about $5,000; in this instance, because Olympic Hills 6th developers are picking up a large part of the cost, the assessment will be a little over 50% of that. Mrs. Russell, 12101 Sunnybrook Road, questioned the need for a Class A road on Sunnybrook Road. Dietz explained this would be the same road construction as that further east in the Olympic Hills 6th Addition. ( Larry Peterson, representing The Preserve, said the road would be similar to that of other City streets and is what was required by the City of Eden Prairie. • Mrs. Russell stated that present Sunnybrook Road residents are content with a gravel road and see no need for the proposed improvement. Peterson spoke to the role of The Preserve in the area of special assessments. Dean Faulks, representing his son Donald Faulks from Burnsville, said they had shared an assessment with The Preserve for park property. Allen expressed a desire to see the assessment placed on the properties which would be benefited and not on those west of Olympic Hills 6th. Tangen asked for comparative figures between the type of road proposed and a typical residential street. Bentley questioned the need for such a street in this area. Jullie explained the road design is identical to that on Luther Way. Soil factors dictate the depth of surfacing. • City Council Minutes -7- July 7, 1981 Mrs. Russell asked if Homeward Hills Road would be extended to the south of Sunnybrook Road. Penzel said it would and that it would be 48' wide; ( it would be the major north-south street between Franlo and TH 169. Hakon Torjesen, 6605 Rowland Road, wondered about the size of the road -- did City Staff feel there was "play" in the 32' width? Dietz stated he felt a 32' street was justified. MOTION: Edstrom moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution 81-126, ordering improvements and preparation of plans and specifications for Sunnybrook Road (I.C, 51-381). Motion carried unanimously. VI. PAYMENT OF CLAIMS NOS. 7089 - 7407 MOTION: Moved by Tangen, seconded by Bentley, to approve Payment of Claims Nos. 7089 - 7407. Roll call vote: Bentley, Edstrom (abstained on #7315), Tangen, and Penzel voted "aye". Motion carried unanimously. VII. REPORTS OF ADVISORY COMMISSIONS A. Planning Commission - communication regarding unauthorized site work at City West by ADI. City Manager Jullie explained that the City West property is located north and east of new Shady Oak Road and south of the 62 Crosstown. He spoke to Planning Director Enger's memo of July 1, 1981, in which ( the unauthorized grading and site development was discussed. City Attorney Pauly spoke to the Ordinance which deals with the altera- tion of land and which does require a permit. The site work being done by ADI seems to be in violation of that Ordinance. Penzel expressed irritation with the developer, Bentley stated it shows a blatant breach of the Ordinance, and that the penalty clause should be invoked. Craig Anderson, representing ADI, said they had discovered recently from the DNR that they are in violation of the Nine Mile Creek Watershed District because they have moved in more than 100 yards of material. The intent of ADI was not to alter the land in any way, but to create access so the land can be shown to prospective buyers. Scott Anderson, also representing AD1, stated that some of the excessive amount of dirt -- that along Shady Oak Road -- is due to the sewer and water construction and that has been authorized. Jullie concurred that the sewer and water work along Shady Oak Road has been authorized, but that interior grading does not seem to be associated with the pipe installation. Edstrom asked that the City Attorney look at the site and made a determination. City Council Minutes -8- July 7, 1981 Tangen asked if there had been other difficulties with ADI complying with City Ordinances in the past. Jullie said there had been. MOTION: Bentley moved, seconded by Edstrom, to refer the matter to the City Attorney for appropriate action. Motion carried unanimously. VIII. PETITIONS, REQUESTS, & COMMUNICATIONS A. Fairway Wood 3 Plat by Laukka & Associates. Request to preliminary plat 15 acres zoned RM 2.5 for 120 condominiums located northwest of existing Fairway Wood, and approval of developer's agreement for revised PUD (Re- solution No. 81-124) Edstrom indicated he would abstain from discussing and voting on this request because his law firm represents Mr. Laukka. Larry Laukka, representing Laukka & Associates, spoke to the proposal, the development of which would be done in four phases. City Engineer Dietz addressed the sidewalk issue. It would be desirable to have a sidewalk through the area; the sidewalk could be closer to the back of the curb, if necessary. Planning Director Enger said he had spoken with Frank Burg, BRW, about the sidewalks. A curb walk would be acceptable on the south side of the area. The sidewalk would be on the north side in the proposed area of development. The residents of Fairway Wood would have to dedicate the right-of-way for the sidewalk. They must be willing to accept the type • of sidewalk before they will do this. Don Anderson, 14312 Fairway Drive, asked why the trail which is along S, Valley View Road and is proposed along Mitchell Road would not be adequate -- why is a sidewalk necessary along Fairway Drive through the entire develop- ment? Director of Community Services Lambert said there will be an 8' trail on Valley View and Mitchell, but there is still a need for a sidewalk along Fairway Drive because Fairway Drive would be a natural connector/short cut and it would also serve the residents - particularly children - within the development. Bentley wondered if a sidewalk from the west end of the southern parking lot to the golf cart crossing on the northern end had been considered. This would provide internal useage and might alleviate some of the other problems which have been mentioned. Lambert stated it should make the connections which are necessary to connect various transportation trails and is necessary for pedestrian use. L. E. Bramwell, 14329 Fairway Drive, said he does not look forward to look- ing at any more cement if they can help it. IL199 • City Council Minutes -9- July 7, 1981 MOTION: Tangen moved, seconded by Penzel, to adopt Resolution No. 81-124, approving the preliminary plat of Fairway Wood 3rd; and instructing Staff to meet with Fairway Wood residents to work out a sidewalk plan which would be acceptable. Motion carried with Edstrom abstaining. B. Thorn Creek Plat by Meat Cutters Pension Fund. Request to preliminary plat 8 lots on 61 acres for commercial and office uses. Located east and adjacent to US 169-212 and north of Valley View Road (Resolution No. 81-125) David Kirscht, representing the Meat Cutters, spoke to the proposal using slides which covered the location, drainage, roads, grading plan, slopes, access points, and vegetation. He expressed concern, however, on the part of the proponent, regarding the additional 17' of right-of-way to be added to County Road 39 (Valley View Road). Planning Director Enger said this matter had been discussed by the Planning Commission at its June 22, 1981 meeting,at which time they voted to recommend approval of the preliminary plat by a vote of 6-0, Along with the recommmenda- tions contained in the June 19, 1981 Staff Report,they asked Staff to work with the developer on a solution for a pedestrian circulation plan; to have Staff work with the County concerning the County Road 39 right-of-way pro- blem; and to have Staff and developer work on other problems dealing with the right-of-way. Enger stated a pedestrian system had been agreed to in the PUD concept. A sidewalk to the area to the north (Michelangelo Gardens) would allow people living in that area and working in the Thorn Creek area to walk to and from work, Penzel said he works in an industrial area in which many walk to lunch, walk for recreation during the noon hour, or jog; and he feels strongly that sidewalks are a necessity, Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission had not reviewed this since last August, Edstrom questioned the practicality of the roadway system -- won't the southern access be the preferred one since it is closest to 169/212? Rick Sathre, also representing the Meat Cutters, said that is probably true but that more money is being spent to develop an outstanding main entrance -- one which the casual visitor would be more likely to use, Enger explained that this question had been raised by the Planning Commission also, The common thought by the Planning Commission was that if the developer is willing to spend money on an entrance further east on Valley View Road that was his prerogative. Sathre explained that originally this "main" entrance was not in the plan, but was put in to make circulation safer because the original plan had just called for a long cul-de-sac into the development, Paul Enblom, 10610 Valley View Road, said he is pleased with the sensitivity of the proposed development. Discussion continued on connecting the road to the north through the project with that proposed in the Michelangelo Gardens development, 600 • City Council Minutes -10- July 7, 1981 MOTION; Tangen moved, seconded by Edstrom, to adopt Resolution No. 81-325, approving the preliminary plat of Thorn Creek Place; incorporating the recom- mendations of the Staff Report and Planning Commission. Motion carried unan- imously. Penzel requested consideration be given for a name for the road way within this plat as one will be necessary very soon. C. Addendum to the CPT Developer's Agreement City Manager Jullie spoke to the Agreement which has been reviewed by City Attorney Pauly, Pauly has recommended that item 3 on page 2 of the Agreement (dealing with the Highway 212 alignment) be dealt with in a separate agreement. Peter Beek, attorney for CPT, stated they are willing to prepare and record the necessary documents. Jerry Jenko, representing CPT, was also present. MOTION: Bentley moved, seconded by Tangen, to adopt the Developer's Agree- ment with the condition that a workable document dealing with the Highway 212 alignment be achieved. Motion carried unanimously, IX. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 81-35, authorizing the declaration of a state of water emergency during which time the use of water shall be regulated, and prescribing a penalty MOTION: Moved by Tangen, seconded by Edstrom, to give 2nd Reading to Ordinance 81-35, authorizing the declaration of a state of water emergency during which time the use of water shall be regulated, and prescribing a penalty. Motion carried unanimously, X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Edstrom - expressed concern regarding the policy of issuing building permits on parcels of less than five acres, There is not a "grandfather clause" in the Ordinance. Edstrom suggested a joint meeting of the Human Rights and Services Com- mission and the Council be held prior to the time Rae Bly leaves the job of Coordinator. The purpose of the meeting would be to discuss the needs and services in South Hennepin County, It was agreed that the best time to meet would be on July 27, 1981, at 7:30 p,m, which is the regularly scheduled meeting of the Human Rights and Services Cormission, 2. Bentley - noted the Chamber of Commerce is beginning a housing study in the City of Eden Prairie. This is an intensive study and will use the resources of the City, developers, builders, Schools, and any other available resources. ((;)01 City Council Minutes -11- - July 7, 1981 B. Report of City Attorney ( City Attorney Pauly reported he now has a contract for deed for the Seifert property for the Red Rock Park. The Swedlund/Riley Lake property option has been declined. The Court issued an order on the tax increment financing case -- the City terminated the plan; the plaintiff prevails. No monetary award was granted to the plaintiff. C. Report of City Manager 1. Status report on Public Safety Building and Maintenance Facilities City Manager Jullie introduced Roger Martin and Bob Lambert of InterDesign Inc., who have done a Site Feasibility Study for accomo- dating city services. Roger Martin gave a slide presentation and explained that an analysis of each of three sites was conducted to determine those essential land factors which might be considered in evaluating any alternative schemes for these parcels. Each alternative was then evaluated in terms of 36 different criteria which were felt critical by both the City Staff and the InterDesign Team. Details are contained in their written report. The three sites under study are: 1) present City Hall site on County Road 4; 2) Mitchell Road site, present location of Public Safety, ( Water Plant, and Fire Station; and 3) West 78th Street, present location of a Fire Station - near Highway 169. Planning Director Enger said that InterDesign Team and City Staff are now at a point where one or more site plans should be selected and worked on specifically and developed more fully. Both the Staff and the archi- tects are recommending one of two alternatives: 1) everything located at the present City Hall location, or 2) Public Safety at the West 78th Street location, Public Works and Maintenance functions at the Mitchell Road location and City Hall retained at its existing location. Edstrom asked Director of Public Safety which would be his choice of locations for a new Public Safety Building. Hacking responded the West 78th site because of its convenience to a fire station, it is near the commercial area which is a heavily serviced area; the City Hall site would create considerable "dead time". Tangen wondered how the criteria had been weighted. Lambert explained that many factors seemed to balance out each other. MOTION: Tangen moved, seconded by Edstrom, to refer the Report to Staff so each Department Head can make a statement regarding the pros and cons of each site, and then to be referred to the Planning Commission for its comments and suggestions. Motion carried unanimously, City Council Minutes -12- July 7, 1981 MOTION: Bentley moved, seconded by Edstrom, to extend the meeting beyond the ( 11:30 p.m. time of adjournment to midnight, Motion carried unanimously, 0. Report of Director of Community Services 1. Change Orders for Community Center Director of Community Services Lambert spoke to the memo of July 2, 1981. The Parks, Recreation, and Natural Resources Commission met last evening and recommended tinted concrete finish for the lobby floor, and the Zamboni water valves should be changed at the expense of the architect. MOTION: Bentley moved, seconded by Edstrom, to accept the change orders as outlined in the July 2, 1981 memo)with the following: under item 1, vinyl asbestos tile to be used for the lobby flooring; and item 3 should be at the expense of the architect. The other items remain as outlined in the memorandum. Roll call vote: Bentley, Edstrom, Tangen, and Penzel voted "aye". Motion carried unanimously. 2. Request from HAEP (Hockey Association of Eden Prairie) Moved to item IV. K. on the Consent Calendar. 3. Tax Forfeited Lands Moved to item IV. L. on the Consent Calendar, 4. Policy on public use of City facilities Director of Community Services Lambert spoke to his memorandum of June 18, 1981, which addressed the policy, The concensus was that "on a time available basis" be added to the paragraph on typing. MOTION: Bentley moved, seconded by Tangen, to adopt the policy on the public use of City facilities as outlined in the June 18, 1981 memorandum,with the addition of "on a time available basis" to the end of the paragraph on typing. Motion carried unanimously. E. Report of City Engineer 1. Receive petition and authorize plans and specifications for Eden Road between TH 169 and Eden Glen Road, I.C. 52-005 (Resolution No. 81-116) Moved to item IV. M. on the Consent Calendar. 2. Final plat pproval for Eden Glen (Resolution No. 81-127) Moved to item IV.. N. on the Consent Calendar. ; z-` City Council Minutes -13- July 7, 1981 MOTION: Moved by Tangen, seconded by Edstrom, to extend the meeting to 12:25 p.m. Motion carried unanimously. F. Report of Finance Director 1. Presentation of 1980 Audit Report by Fox, McCue & Murphy Jim Fox and Bill McCue answered questions of Council members regarding the 1980 Audit Report. Finance Director Frane also provided clarifi- cation. XI. NEW BUSINESS There was none. XII. ADJOURNMENT MOTION: Bentley moved, seconded by Tangen, to adjourn the meeting at 12:25 a.m. Motion carried unanimously. • ( July 7,1981 Dear Mayor and Council Members, I am sending this letter in protest to the recommended road assessment for the improvement of Sunnybrook Road. I do not feel this proposed road is being recommended because it will benefit present homeowners on Sunnybrook, but instead, it allows develop- went of Olympic Hills Sixth Addition which will financially benefit the Preserve owners. My wife sat at a hearing several months ago when this project was first being discussed. At that time, Ronnie Nelsen., a Sunnybrook resident, asked if the road would be used for heavy construction equipment and trucks. The answer by the council was definitely not. Yet the past two months heavy equipment and trucks have'.been up and down Sunnybrook as if it were a freeway. The Preserve owners not Sunnybrook homeowners will benefit from the upgraded road. In fact it is a detriment to us because of the increased traffic. I recommend that the present homeowners as a minimumf not be assessed at all, or as a maximum, 1/2 the cost of a normal residential road. We do not need, we do not want nor can we afford ( a heavy duty road as proposed. Thank you for considering this letter of protest. Since e ' Curtis S. Connaught - Mary Connaughty _ 18 years resident of Sunnybrook Rd. r,,Je.") CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST July 21,1981 CONTRACTOR (MULTI-FAMILY & COMM.) Ginkel Construction, Inc. CONTRACTOR (1 & 2 FAMILY) Sawhorse, Inc. Smuckler Corporation Trones Construction Co. Valley Pools, Inc. PLUMBING Bruckmeuller Plumbing Klanen Mechanical Contractors, Inc. ( TEMPORARY BEER LICENSE Eden Prairie Lions Club - Corn Feed SOLICITORS LICENSE Robert Fisher These licenses have been approved b.y the department heads responsible 1 _ for the lj ensed activity. I, p Pat Sol ie, Lei e s ni g Clerk • Iliv1, Eden Prairie Grocery CITY OF EDEN• PRAIRIE RAP HENNEPIN COUNTY, MINNESOTA Ordinance No. 78-200 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property: the North 232 feet of the West 205 feet of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 8, Township 116, Range 22, except the North 40 feet thereof, Hennepin County, Minnesota, shall be and hereby is removed from the R1-22 District and shall be included hereinafter in the Carmrunity Camercial District. Section 2. The above-described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of • , 198'0, between H. J. Nyhamner and Nyhaimier, husband and wife, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the Ccmnunity Carmercial District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17 day of OCTOBER , 1978 , 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 PUBLISHED in the Eden Prairie News on the day of � 1981 June 3, 1980 Eden Prairie Grocery DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1981 by and between Haakon Nyharuner and Lucille Nyhammer, husband and wife, 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 R1-22 to Community Commercial approximately 1 acre, situated in Hennepin County, State of Minnesota, more fully described as: The North 232 feet of the West 205 feet of the Northeast Quarter of the Southeast Quarter of Section 8, Township 116, Range 22, except the north 40 feet thereof of road. and hereafter referred to as "the property", and WHEREAS, Owner desires to develop the property to construct thereon one commercial grocery store. NDW THEREFORE, in consideration of the City adopting Ordinance 78-200, Owner covenants and agrees to construction upon, development and maintenance of said property as follows: 1. Owner shall develop the property in conformance with the City ordinances subject to such conditions as provided herein. Owner shall not develop the property in any other respect or manner than as 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 set forth in Exhibit A attached hereto and made a part hereof. 3. Owner shall convey by Warranty Deed an additional 7 feet of right- of-way for a total of 40 feet of right-of-way from the center line of Valley View Rcad, as outlined in red on Exhibit B, attached hereto and made a part hereof, to the City upon request frnm the City and crier to issuance of anv buildinn permit. Owner shall not grade nr cause to occur any construction upon outlot A. • • • • ( Developer's Agreement-EP Grocery page 2 4. Owner shall replace the existing structure located upon the property • with a new structure within 2 years of the date hereof or bring the existing structure up to City ordinance standards. 5. Owner shall, prior to the issuance of any permit for building upon the property, submit to the City for review and approval detailed site . and building plans including but not limited to: • A. At least a 90 foot width for parcel 0882 to Co.Rd. 4 in any future platting. B. Structure and parking setbacks of at least 75 feet from the centerlines of Co.Rd. 4 and Valley View Road. C. Valley View Road access to the property no closer than 150 feet East of the east line of Co.Rd. 4. D. Screening of all parking, loading areas, and roof top mechanical equipment. { E. No loading areas within the front yard setbacks from Valley View Road and Co.Rd. 4 F. Building materials compatible with existing neighborhood character as determined by the City Staff. G. Parking lot lighting with cut off luminars no higher than 20 feet. • Developer's Agreement-Eden Prairie Grocery page 3 ( IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY: BY: . Wolfgang H. Penzel, Mayor BY: STATE OF MINNESOTA) Carl J. Jullie, City Manager )SS. COUNTY OF HENNEPIN) ' 1 The foregoing instrument was acknowledged before me this day of 1981 by Wolfgang H. Penzel, Mayor and Carl J. Jullie, City Manager of the City of Eden Prairie on behalf of the corporation. Notary Public • OW�R ' Haakon Nyhanmer,rhusband STATE OF MINNESOTA) L ))/: ',. r 4 �! I ri,liuit.c_ )SS. Lucille Nyhamner, wye COUNTY OF HENNEPIN) _ The foregoing instrument was acknowledged before me this IL,day of �,,V , 1981 by Haakon Nyhanur2r and Lucille Nyhannier, husband and wife . t— q OLDan� 1CIY' J r'RUVO ��,,JJj��iY" 1�.� •NUI I 1 wt101A 11 Notar •r/ -ia ^ im`nviviJ - • /510 • • 1/PC) • DEVELOPER ' S AGREEMENT • • EXHIBIT A page 1 of 5 1. Prior to release of final plat, Omer shall submit to the City Engineer for approval two copies of a development plan (1"=100' scale) • . showing existing and proposed contours, proposed streets and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, watermain and storm sewer, 100 year flood plain contours, pending 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 Riley Purgatory 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 $ 1,400per 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. • • • 1.511 I Page 2 of 5 Exhibit A • 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 encua ranee, 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 hcreof or , 19 . UPon com- pletion and acceptance, Owner i:arrants 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 s 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 60 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 suhoaragraph 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 100: petition signed by all owners of the property, re- questing the City to install the improvements. Upon approval by the • City Council, the City mad- 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- Pi/a. 6/81 page 3 of 5 Exhibit A • 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 . grading t:ork shall be secured by a bond or letter of credit which • shall guarantee completion', and payment for all labor and mater- • ials expended in connection with the rough grading. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further • terms as may be required by the City Engineer. 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 ap- . proved 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 ';" for each foot from the curb line. Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in'the property are accepted for ownership and maintenance by City. Owner shall also sod all drainage swales serving each 1.5 acres a minimum distance of 6 feet on either side of the center of the swale. • C. The bond or letter of credit provided in paragraph V A. hereof shall also guarantee the performance of Owner's obligations under this paragraph VI. . VII. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof, C. .,_r for itself, its successors, and assigns - shall not oppose rezoning of said property to Rural. l ri I') I/,.p G/B1 • pane 4 of`, Exhibit A ( VIII. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. o the IX and clearrofents and mortgages,rliens,ts it andrJotherns eenculbre ances, propertyxcept: free X. In the event there are or will be 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. . • XI. • 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 recreational 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 services 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 siad 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 workmanship shall be determined by the Director of Community Services. Acceptance of improvements by the Director of Community Services may be subject to such obligations 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. 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 corn- 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 workman- ship for a period of two (2) years following comple- tion 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 Director of Community Services shall be 125', of the estimated con- struction cost of said improvements, subject to reduction thereof to an amount equal to 255; of the cost of the improvements after acceptance thereof by the Director • ( 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 Com- munity Services. The Owner's registered engineer shall Make and submit for approval to the Director of Commun- ity Services a written estimate of the costs of the improvements. 614 ,/ ' 5/I0/30 • • Page 5 of 5 Exhibit A ( ,.II. 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 a:'ee::ate remedy at law. Owner agrees, therefore, that in the event he violates, fails or refuses to perform any covenant, condition or provision m do herein, City nay, at its option, institute and prosecute an action to specifically enforce Performance of such covenant. No remedy conferred in this agre,Jr:ent 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. • XIII. 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. XIV. 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, I4innesota 55402. • • • • • • • I6I + r-. .c i 1 ..b : 1' • i 4 Q r1 �r 1 w'60 P' w K -- ____;J_„_ o `off I t* P ,�I 0 I H r I 1 W ! �6 ? — jr .?is' a - f5III "EXN:1311. B" • I. IS)(9 Edenvale Apartments - RAP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. 81-01 ( AN ORDINANCE RELATING TO ZONING AND AMENDING ---- ORDINANCE NO. 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The property situated in the County of Hennepin, State of Minnesota, described as follows: See Exhibit A attached hereto and made a part hereof. shall be and hereby is removed from the Rural District and shall be included hereafter in the RM 2.5 District. Section 2. The above-described property shall be subject to the terttts and conditions of that certain Developer's Agreement dated as of , 1931, between Edenvale Apartments, a ( General Partnership, .consisting of Mr. Sidney Bader, a general partner, and Mr. Zolie Baratz, a general partner, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the RM 2.5 District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20 day of January , 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: Join U. Frane - City Clerk PUBLISHED in the Eden Prairie News on the day of ` • 1981. r I. 1 • • t • • • Lot 1, Block 1, Edenvale 4th Addition except that part lying southeasterly of a line drawn parallel to and 309.13 feet (as measured at right a^cles) northwesterly of the southeasterly line of said Lot 1, Block 1, Edenvale 4th Addition according to the plat thereof on file and on record at the Registrar of Titles, He.;nepin County, Minnesota. • li i EXHIBIT+1A • Edenvale 1/81 • 2/81 revised •5/81 " DEVELOPER'S AGREEMENT THIS 1, :'•'ENT, made and entered into as of , 1981 by and between EDEi4VALE APARTMENTS, a General Partnership, consisting of !tr. Sidney Bader,a general partner and Mr. Zolie Baratz,a general partner, hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City", ano WITNESSETH: WHEREAS, Owner has applied to City to rezone from Rural to RM 2.5 approximately 17 acres consisting of a part of Lot 1, Block 1, Edenvale 4th Addition, 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 rezoned property", and to replat all of Lot 1, Block 1, Edenvale 4th Addition into 2 lots aggregating 23 acres, hereafter referred to as "the property", and WHEREAS, Omer desires to replat and develop the property for construc- tion thereon of one building containing an aggregate of 175 residential units. NOS THEREFORE, in consideration of the City 'adopting Ordinance No. 81-01 and Resolution 81-12, Owner covenants and agrees to construction upon and develop- ment of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated November 14, 1980 reviewed and approved by the City Council on January 20, 1931 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 set forth in Exhibit C, attached hereto and made a part thereof. /n1 i " Developer's Agreement-Edenvale Apts. page 2 ( 3. Owner shall deliver any excess soil from the property at no • cost or obligation to the City to a location within the City parkland designated upon Exhibit D, attached hereto and made a part hereof. • • 4. Owner shall install all fire and safety improvements required by the City Building Code. i 5. Owner shall dedicate in the final plat the southeasterly 12 • • feet of Lot 1, Block 1, of the property to the City for pedestrian and trail purposes as depicted in red on Exhibit D. t ' 6. Prior to occupancy of the building to be constructed upon the property: A. Owner shall grant to City and the public a temporary easement for public trail and pathway purposes and uses over and across that part of the property described as the Southerly 440.00 feet of Lots 1 and 2, Block 1, to be platted as shown on Exhibit B; • B. The temporary easement shall terminate upon the earlier of: a. Conveyance of its interest therein by City to Owner or • b. The filing and recording in the office of the Registrar of Titles or Registrar of Deeds, Hennepin County, Minnesota, of a permanent ea sent for such purposes • describing the specific location of said pathway and trail over and across said Lots 1 and 2(provided , however, the easement for pzthi:ay and trail described therein shall not exceed 12 feet in width) and in such form & in such location as approved by City which approval shall be conclusively evidenced in writing, signed by the Manager or Mayer of City; C. Within 5 years of the date hereof, City shall notify Owner in writing of the specific location of the permanent easement whereupon Dwner shall execute and deliver to City a document or documents evidencing and granting to City its permanent easement described in paragraph B hereof. In the event City fails to notify Owner in writing within said 5-year period in • accordance with this paragraph, City shall thereafter upon request by Owner convey its interest in the temporary easement to Owner; • D. Within a period of 6 months after receipt of written notice by ,,. City as provided in paragraph B hereof, Owner shall construct ( a 6 foot wide 5 inch thick Class II gravel base with a 2 inch thick bituminous surface walkway within and extending the full length of the permanent easement. E. A bond or letter of credit as provided in Xi,E\hibit C, shall apply to the walkway construction described in 6,D. herein, }' 6al/ l • Developer's Agreement-Edenvale Apts. page 3 • 7. Owner shall not permit occupancy of the building units to be • constructed upon the property until: a. A hard surface public street other than Mitchell Road serves the property or • b. Owner has constructed the northerly half of proposed Valley View Road commencing at Mitchell Road and extending to the southerly most point of Lot 2,as shown on Exhibit B. 8. Owner shall, prior to issuance of any building permit for building upon the property, submit to the City for review and approval, a detailed landscaping plan, including but • not limited to screening of all parking areas from existing •. and proposed public roads and surrounding land uses. 9. Owner shall at the time of the filing of the final plat,dedicate to the public for street and road purposes that portion of the property described as follows: a. A strip 10 feet wide extending along the property's northwest- erly property line abutting proposed Mit- chell Road as depicted in blue on Exhibit B. b. A strip 10 feet wide extending along the property's southwesterly line abutting proposed Valley View Road, as may be required by the Hennepin County Highway Department, as depicted in blue on Exhibit B. IN WITNESS WHEREOF, the parties to this Agreement have :aused these presents to be executed as of the day and year aforesaid. 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, Me City lfanager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. • • Notary Public /01 • • is Agrc_-ent-Edenvale Apts. page 4 { OWNER: Edenvale Apartments,a Minnesota General Partnership-7 BY BY •I STATE ) OF MINNESOTA) SS. • COUNTY OF I'ENNEPIN) ( _ The foregoing instrument was acknowledged before me this 13 day of , . July_ , 1981 by Mr. Zollie Baratz the and b1r. Sidney Bader the partners of Edenvale Apartments, a Minnesota Corporation on behalf of the corporation. STEVEN C.SCHACHTMAN "�y NOIAns YUIjIIG•MiHNiSOTA[ • �.! HENNEPIN COUNTY I Ytres Oct.21,1983 Notary u lic ).V YYYYYTYYYYYYYT /. lea • • Lot 1, Block 1, Edenvale 4th Addition except that part lying southeasterly of a line drawn parallel to and 309.13 feet (as measured at right e^cles) • northwesterly of the southeasterly line of said Lot 1, Block 1, Edenvale 4th Addition according to the plat thereof on file and on record at the Registrar of Titles, Hennepin County, Minnesota. • • • • I :. EXHIBIT A a M I.T.CHE _ROAD , } - `iyx � aua�o noon -.. - u i t c i a. 1 ► 4 i ~g . jo ; .� a 7a � .p • ! • 1 i £ 1 . . AOi 1111, — i -- y• Or -t'— '•/— O• .ri• 1 i. 1 1 • 1 ci. i•L_>,50 ,' .....; -:*:- .--.',0 -- : : - - „. 11 ,.. • x • . I !..r. . 0 • r* I. 15�1-1 • `,. •_ -_ / EXHIBIT B • - ( �I - --- • DEVELOPER ' S AGREEMENT E X H I B I T C • page 1 o f 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 arrangements and size, minimum floor elevations on each lot, pre- liminary alignment and grades for sanitary sewer, watermain and storm sewer, 100 year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails and any property to be deeded to the City. - II. Owner shall submit detailed construction and storm sewer plans to the Riley-Purgatory Creek Watershed District for review and approval. ( III. 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 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. • j '. • ( . �_ ,j • Pane 2 of Ev-libit C V. A. All sanitary sewer, w•atermein and storm sewer failities, 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 su'..',itted to the City Engin- eer for approval. All of the improvements shell be completed by Owner F. acceptable to the City Engineer and shall be free and clear • of any lien, claim, charge or enr,;rcbrance, including any for work, labor or services rendered in connection therewith or material or equipment supplied therefore or 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 he determined by the City Engineer. • Acceptance of improvements by the City Engineer may be subject to • • such conditions as he may in:pose 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 60 days of completion thereof to- gether with a written statement from a registered engineer that all • ( . improvcrrnts 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 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 acceptance of the improvements by the City • Engineer. The amount of the bond or letter of credit shall be 125,5 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 100t petition signed 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 imprevements.to be made and • special assessments for all costs for said improvements will he levied on the property, except any property which is or shall be ded- 1 �2(o • • 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 c:•rstruction of any improve- ments, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished suborade • elevation. Contractor's obligation with respect to the roach grading work shall be secured by a b•:a+d or letter of credit which • . shall guarantee completion, and pa t for all labor and muter- . ials expended in connection with the rough grading. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further • terms as may be required by the City Engineer. 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 improve-tents, 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 184 inches measured perpendicular with the curb or in lieu of said sod, place a fiber blanket with seed ap- proved 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 u" for each foot from the curb line. Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are accepted for ownership and mairtenance 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. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof, Owner for itself, its successors, and assigns • shall not oppose rezoning of said property to Rural. ��ia� • • pane 4 of 5 Exhibit C l VII1. Provisions of this Agreement shall he binding upon and enforceable against Owner, its successors, and assigns of the property herein described. IX. Owner represents and warrants it awns fee title to the property free and clear of mortgages, liens, and other encumbrances, except: X. In the event there are or will be 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 recor.ren'ztions • of the City Building Department, prior to the issuance of any permit to build upon the property. . .XI. 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 recreational purposes, shall be completed by Owner & 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 services rendered in connection therewith or material or equipment sur- plied therefore on or before the later of, 2 years from the date hereof or , 14 Upon comments against any defect in • materials or workmanship for for period of two (2) years following said ( completion and acceptance. In the event of any defect in materials or workmanship within siad 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 workmanship shall be determined by the Director of Community Services: Acceptance of improvements by the Director of Community Services may be subject to such obligations • 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. 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 corn- 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 workman- ship for a period of two (2) years fol lowing comple- tion 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 Director of Community Services shall be 1255: of the estimated con- struction 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 Director of Community Services. The bond or letter of credit shall he in such form and contain such other provisions i and terms as may he required by the Director of Com- . munity Services. The Owner's registered engineer shall Make and submit for approval to the Director of Coisnun- 1 • ity Services a written estimate of the costs of the • improvements. 77 j 1 9/I0/$�i • Page 5 of 5 Exhibit C. (."XII. 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 refuses to perform any covenant, condition or provision made herein, City may, at its option, institute and prosecute en 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. XIII. 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, XIV. 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 Conmunfcation Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be sent to Minnesota Cables;;stci,s Southwest c/o Popham, Haik, Kaufman, Schnobrich and Doty, Ltd. , 4344 IDS Center, Minneapolis, Minnesota 55402. • • • • • • l 9 • • _r102 • 21 • t I •1 .�LL • J 9F 1.27 i •2.5 1 PUB A: :i'• 7'..'i f '1'1sTeS' .erii."i k , ma r •Na•ss t..a :.. 'Y`L the City ��;'' '`,,. property • !arklan,:- 228 ''., ' , ---. - , %i t N. •�= - -- 0-4 7 • ,A %(,;.... i-----r---rizzs..(,::: -:.:PK I I-5 PRK �--~ - • EXHIBIT D .. !9) • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81- 138 RESOLUTION ACCEPTING BID (I.C. 51-375) • WHEREAS, pursuant to advertisement for bids for the following improvement: I.C. 51-375 Utility and street improvements in Creekview Estates Subdivision Bids were received, opened and tabulated according to law. Those bids received were as follows: 5% Thomas Montgomery Construction $161,234.50 American Contracting $163,330.27 Brown & Cris, Inc. $165,596.45 " Richard Knutson $167,929.25 " Sandmark Construction $172,116.50 " Barbarossa & Sons $174,075.50 " Encon Utilities • $176,879.00 • Kirkwold Construction $179,011.80 Ideal Enterprises, Inc. $182,093.25 ( " G & L Contracting $182,824.75 It Nodland & Associates $184,257.00 N.B.H. Construction $186,381.85 Northdale Construction • $190,312.75 . Lametti & Sons $200,000.00 Progressive Contracting $203,166.00 • Engineer's Estimate $176,200.00 'HIIEREAS, the City Engineer recommends award of contract to Thomas Montgomery Construction as the lowest responsible bidder. NOW, THEREFORE, be it resolved by the Eden Prairie Cite Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Thomas Montgomery Construction in the name of the City of Eden Prairie in the amount of $161,234.50 in accordance with the plans and specifications thereof approved by the City Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk ,? • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works 4 DATE: July 17, 1981 SUBJECT: Summary of bids for Improvement Contract 51-375 involving utilities and street construction in Creekview Estates Subdivision Sealed bids were received at 10:00 A.M. on Thursday, July 16, 1981, for the above referenced project. Fifteen bids were received and the five low bids and the high bid are shown below: Thomas Montgomery Construction 5% $161,234.50 American Contracting $163,330.27 Brown & Cris, Inc. " $165,596,45 Richard Knutson $167,929.25 Sandmark Construction $172,116.50 Progressive Contracting $203,166.00 Engineer's Estimate $176,200.00 ( The low bid is approximately 8% below our estimate. Although this is a fairly new firm, we have checked references given and find that the firm is capable of a project of this nature. Therefore, I recommend award of this contract to Thomas Montgomery Construction in the amount of $161,234.50. EAD:sg • /534 • RESOLUTION NO. 81-137 WHEREAS, the following described property is at present a single tract of land: Lot 2, Block 2, CASTLE RIDGE, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota; and WHEREAS, the owner, Tudor Oaks Condominium Project, An Ontario, Canada Limited Partnership, has requested the subdivi- sion of said tract into separate parcels (herein called "Parcels") described as follows: PARCEL A That part of Lot 2, Block 2, CASTLE RIDGE, according to the plat thereof, on file and of record in the office of the County Re- corder, Hennepin County, Minnesota, lying westerly and south- westerly of the following described line: Commencing at the most northerly corner of said Lot 2; thence South 66 degrees 57 minutes 58 seconds West along the northerly line of said Lot 2 a. distance of 223.11 feet; thence southwesterly 80.14 feet along said northerly line on a tangential curve, concave to the southeast, central angle 30 degrees 36 minutes 37 seconds and radius 150.00 feet; thence South 36 degrees 21 minutes 21 seconds West 102.58 feet tan- gent to said curve along said northerly line; thence North 53 degrees 38 minutes 39 seconds East 50.00 feet along said northerly line to the point of be- ginning of the herein described line; thence South 36 degrees 21 minutes 21 seconds West 99.42 feet; thence southerly 436.16 feet on a tangential curve concave to the east radius 420.00 feet and central angle 59 degrees 30 minutes 00 seconds; thence South 23 degrees 08 minutes 39 seconds East 142.19 feet, tangent to said curve; thence southeasterly 163.33 feet on a tangential curve, concave to the northeast, radius 140.00 feet and central angle 66 degrees 50 minutes 43 seconds; thence South 89 degrees 59 minutes 22 seconds East 147.58 feet, tangent to said curve to a curve point on the southerly line of said Lot 2, and there terminating. • PARCEL B That part of Lot 2, Block 2, CASTLE RIDGE, according to the plat thereof, on file and of record in the office of the County Re- corder, Hennepin County, Minnesota, lying easterly of the fol- lowing described line: Beginning at the most northerly corner of said Lot 2; thence South 66 degrees 57 minutes 58 seconds West along the northerly line of said Lot 2 a distance of 223.11 feet; thence southwesterly 80.14 feet along said northerly line on a tangential curve, concave to the southeast, central angle 30 degrees 36 minutes 37 seconds and radius 150.00 feet; thence South 36 degrees 21 minutes 21 seconds West 102.58 feet tan- gent to said curve along said northerly line; thence North 53 degrees 38 minutes 39 seconds West 50.00 feet along said northerly line; thence South 36 degrees 21 minutes 21 seconds West 99.42 feet; thence southerly 436.16 feet on a tangential curve concave to the east radius 420.00 feet and central angle 59 degrees 30 minutes 00 seconds; thence South 23 de- grees 08 minutes 39 seconds East 142.19 feet, tangent to said curve; thence southeasterly 163.33 feet on a tangential curve, concave to the northeast, radius 140.00 feet and central angle 66 degrees 50 minutes 43 seconds; thence South 89 degrees 59 minutes 22 seconds East 147.58 feet, tangent to said curve to, a curve point on the southerly line of said Lot 2, and there terminating; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Eden Prairie will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the ordinances of the City of Eden Prairie. NOW, THEREFORE, it is hereby resolved by the City Council of the City of Eden Prairie that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of the applicable zoning and subdivision ordinances of the City and the restric- tions on division of taxes and filing and recording are hereby waived to allow said division and conveyance thereof as separate tracts of land, but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the pro- vision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Eden Prairie or with the prior approval of this Council as may be provided for by those ordinances. 631 -2- Lake Trail Estates RAP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. 81-10 AN ORDINANCE RELATING.TO_ZONING AND AMENDING ORDINANCE NO. 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The property situated in the County of Hennepin, State of Minnesota, described as fellows: Lot 1, Block 1, Lake Trail Estates shall be and hereby is removed from the __.R1-13.5 District and shall be included hereafter in the RM 6.5 District. Section 2. The above-described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 5, 1978 , between Clifton J. Swenson and l .rvid W. Schwartz, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the RM 6.5 District. • Section 3. This ordinance shall become effective from and after its passage and publication. 0 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. WoTyang H.Penzel - Mayor ATTEST: John D. Franc - City Clerk - +�� da, �... of • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 0 81-36 AN ORDINANCE AMENDING ORDINANCE NO. 0-81-35 AUTHORIZING THE DECLARATION OF A STATE OF WATER EMERGENCY. The City Council of the City of Eden Prairie ordains as follows: Section 1. Ordinance No. 0-81-35, is hereby amended as follows: "Section 1, Water Emergencies. "(a) Whenever in the judgment of the City Manager the water pressure and/or available water in the municipal water system reaches a level which endangers the public health or safety of residents and other persons in the City of Eden.Prairie, he may declare a state of water emergency which shall continue until such time as he shall determine that the danger to public health or safety no longer exists. "(b) During the existence of a state of water emergency the City Manager may by order, (i) prohibit any sprinkling, irrigation or other utilization of water from the City's municipal water system for lawn, grass or turf, or (ii) prohibit sprinkling, irrigation or other utilization of water from the City's municipal water system for lawn, grass or turf situated north of State Trunk Highway 5 on odd days of the month and south of State Trunk Highway 5 on even days of the month. "(c) "Municipal water system" means City owned wells, pipes, storage, treatment and related facilities for producing, storing and distributing water. • "(d) Upon written request and approval by the City Manager and subject to such terms and conditions imposed by the City Manager with respect to such approval, the following persons may be authorized to sprinkle, irrigate or otherwise utilize water from the City's municipal water system at times other than permitted in subparagraph (b) hereof: "(i) Any person owning or operating a commercial or � - business enterprise whose economic wellbeing is dependent upon sprinkling, irrigating or watering of a lawn, grass or turf owned, leased or operated by it; "(ii) Employees and agents of the City, in such instances wherein lawn, grass or turf used for play fields or areas owned or operated by the City require more frequent watering to prevent unreasonable damage thereto. 0 ? "(iii) Owners and lessees (their employees and agents) of lands newly sodded or grass seeded which requires sprinkling or irriga- tion to prevent loss of new sod, seed or immature turf or grasses. "Section 2, Penalty. "(a) Any person violating any provision of this ordinance, or any order of the City Manager issued pursuant hereto, shall be guilty of a petty misdemeanor and subject to a fine not exceeding $100.00." Section 2. Effective Date. (a) This ordinance shall be in full force and effect upon its passage and publication. First read at a regular meeting of the City Council of Eden Prairie this day of , 1981, and finally read and adopted and ordered published at a regular meeting of said City Council on the day of , 1981. Wolfgang H. Penzel, Mayor ATTEST: (SEAL) John D. Frane, Clerk • MEMORANDUM TO: Mayor and City Council TIIRU: Bob Lambert, Director of Community Services FROM: Ste'SihenCalhoon, Park Planner DATE: July 16; 1981 SUBJECT: Round Lake Irrigation System Staff requests permission to advertise and receive bids for construction of a well to serve the irrigation system at Round Lake Park. Bids will be received Wednesday, August 12, 1981 at 1:00 P.M. Funding for this project is from the 1979 Park Bond Referendum. Staff estimates the cost of the well to be $11,000. SC:md • • • is i:;= • • /1 • July 21, 1981 • CITY OF EDEN PRAIRIE ( HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-142 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (I.C. 51-381) WHEREAS, the City Engineer has prepared plans and specifications for the following improvement, to wit, I.C. 51-381, Sanitary Sewer, Water Main, Storm Sewer and Street Improvements for Sunnybrook Rd. between Homeward Hills Rd. & Olympic Hills 6th Add. and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EOEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids shall be opened at 10:00 o'clock A.M. on Thursday, August 13, 1981, and considered by the Council at 7:30 P.M. on Tuesday, August 18, 1981, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid, ADOPTED by the Eden Prairie City Council on it Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • • • • July 21 , 1981 • CITY OF EDEN PRAIRIE ( HENNEPIN COUNTY, MINNESOTA RESOLUTION ND. R81-141 RESOLUTION APPROVING PLANS ANS • SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (52-005) • WHEREAS, the City Engineer has prepared plans and specifications for the following improvements to wit: E2-005, Utility and street improvements on Eden Road and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement. • under such approved.plans'and specifications...The adver- tisement shall be published for 2 weeks, shall specify the work to be done, shall state that bids shall be opened at 10:00 o'clock A.M. on Thursday, August 13, 1981, and con- sidered by the Council at 7:30 o'clock P.M. on Tuesday, August 18, 1981, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on WTh(gang N. Penzel, Mayor ATTEST: SEAL John D. franc, Clerk • • • Jul- 21, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, IMINNESOTA • RESOLUTION NO. R81-140 • A RESOLUTION APPROVING FINAL PLAT OF •FAIRWAY WDOIl 3RD ADDITION WHEREAS, the plat of Fairway Wood 3rd Addition has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and (WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Fairway Wood 3rd Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated July 16, 1981• B. 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 their use as required by MSA 462.358, Subd. 3. • C. That the City Clerk is hereby directed to supply a certified copy _ of this Resolution to the owners and subdividers of the above named plat. • D. That the Mayor and City Manager are hereby authorized to Execute • the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTEO by the City Council on _ • Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. franc, Clerk • • CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Carl Jullie, City Manager FRDM: Eugene A. Dietz, Director of Public Works DATEt July 16, 1981 SUBJECT: FAIRWAY WOOD 3RD ADDITION PROPOSAL: The Developer, Laukka Associates, is requesting City Council approval of the final plat of Fairway Wood 3rd Addition. This is a replat of Lot 3, Block 1, Edenvale 1st Addition and Lots 1 through 8, Block 1, Fairway Woods 1st Addition. Development of the plat will consist of 20 buildings containing a total of 120 living units.to be constructed in four phases. HISTORY: The City Council approved the revised PUD on January 20, • 1981, per Resolution No. 81-11. ' The preliminary plat was approved by the City Council on July 7, 1981, per Resolution No. R81-124. The Developer's Agreement referred to within this report was executed on July 7, 1981. • VARIANCES: All variance requests must be propessed through the Board of Appeals. UTILITIES AND STREETS: The requirements for the construction of utilities and streets are covered in the Developer's Agreement. The watermain required to serve the plat will be totally constructed in conjunction with Phase I development. All other utilities and roadways will be constructed under Phase II. Recordable easement documents covering the unplatted portions of Fairway Drive must be submitted to the Engineering Department and approved by the City Attorney prior to release of the final plat. PARK DEDICATION: The requirements for park dedication ara covered in the Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement. The Developer will be required to submit a phasing plan to the Building, Public Services and Engineering Departments, prior to release of the final plat. Building permits for additional phases will not be issued until bonding requirements for the phase requested has been satisfied. /Pi/1 1 2 RECOMMENDATION: Recommend approval of the final plat of Fairway Wood 3rd Addition, subject to the requirements ofthis report, the Developer's Agreement and the following: 1. Receipt of fee for City Engineering services in the amount of $2,400.00. 2. Receipt of cash deposit for street lighting in the amount of $1,995.30. 3.: Receipt of Phasing Plan. 4. Receipt of Development Plan. 5. Receipt of recordable easement documents. 6. Satisfaction of bonding requirements. • • I;Cu► c TO: Mayor & Council FROM: John Frane DATE: July 17, 1981 RE: Resolutions 81-131 through 81-136 final approval of M.1.D.8.'s There are two resolutions (a first mortgage and a second mortgage) for the final approval of these three projects which were given preliminary approval on November 4, 1980. These projects are located in Bryant Lake Office Park. The City Attorney's office has approved the documents which are in the Mayor's signature file. / )`1 �') • • • • UNAPPROVE' 4INUTES i • EDEg PRAIRIE PARKS, RECREAT • 4) NATURAL RESOURCES COMMISSION KONDAY, JULY 6, 1981 7:30 P.M., CITY HALL MEMBERS ABSENT: Marty Jessen 1. Development Proponal Bluff's East Lambert introduced Dick Putnam representing the proponent of this approximately 20 acre projeot. The developer is asking for PUD approval and rezoning from Rural to RE 6.5 and preliminary platting for 104 townhouses. Putnam pointed out that the townhouses will be 1, 2 and 3 bedroom units which aro expected to attract older people leaving their single family homes, and be firot homes for young couple°. • VanMeter asked Putnam to outline the trail system. Putnam said the developer will construct an 8' asphalt bikeway along the west side of Franlo Road. Also the developer will grade a 10' .0.ide bike trail lane within the ROW along the south side of County Road 1 per Staff recommendations. Lambert suggested the Commission ask for clarification of exact plans for the two tot lots proposed by the developer. He suggested a commitment in writing or in the bond. • • Putnam added that the developer intends to develop the tot lots • concurrent with the townhouses adjacent to them. • MOTION: Kingrey moved to approve Bluff's East per Planning Staff Report of July 2, 1981 & Community Services Staff Report. The developer should commit to develop the proposed totlot ad,lacent to the Redehow property by the time the abutting townhouses arc completed and before any other townhouse units aro erected. The west tot lot should be developed in the same manner. Friederichs seconded the motion. AISITDMIT: Kingrey amended the motion to include the tot lots in the bond. Friederichs seconded the amendment. • • VOTE ON LOTION: The motion and amendment carried unanimously. • . Planning Commission Minutes MaPP'uvcd` }� MEMBERS ABSENT: Liz Retterath D. BLUFFS EAST, by Hustad Development Corporation. Request for PUD Development stage approval, rezoning from Rural to RM 6.5, and preliminary platting of 106 townhouses. Located in the southwest corner of Co. Rd. 1 and Franlo Road. A public hearing. • The Planner introduced Mr. Dick Putnam and Rick Sathre of Hustad Development Corp. Putnam introduced Mr. Wally Hustad of Hustad Development Corp. Hustad reviewed the original proposal which was before the Planning Commission in • 1977, and stated that the majority of the land along the creek will be extremely expensive single family, but also stated that they are trying to mix the price range. Putnam went over the location, grading plan, and showed a model of Orrin Thompson Homes. Sathre further reviewed grading and access points. The Planner reviewed the staff report dated June 19, 1981 and stated that the grading plan is difficult to read because of the contours of the land and because of the size of the site. He also stated that the private lanes should be made according to City standards. • Sutliff asked how much space is provided between the housing and the garages. Putnam •replied 15 - 22'. Sutliff also asked if there would be four owners. Putnam replies yes. Levitt asked if there is shoreland to this site. The Planner replied it is 300' in excess of it. Levitt stated that he would like Franlo Road improved. Torjesen asked the plans for the land to the west of the site and the Reichow property. Putnam replied the western portion is owned by Mr. McDonald who is un- decided, and stated that the Reichows would like to live there, relocate Mr. Reichow's shop, and further stated that the proponent would like rezoning for the Reichow property in case the Reichows decide to sell in the future. Gary Branson, 9931 Cromwell Drive, stated that he was opposed, and asked what can be done to let his opposition known. Bearman replied he could put a petition together and write letters. He further stated that the City Council is the deciding body. Dan Foley, 9850 Franlo Road, asked how many children would live in the multiple units. Putnam replied .8 child per unit. Bill Peters, 10490 Buckingham Drive, stated that he was concerned with the drainage pond. Ted Finholg, 10010 Pioneer Trail, stated that he was concerned with traffic. Bill Peters stated that there is no place for bicyclers to ride because of the traffic. The Planner replied that the City has a bike trail going through on Co. Rd. 1. /jf Unapproved • Planning Curnrission Minutes -7- C.,ne 22, 1981 Glen Johnson, 9810 Cromwell Drive, asked if there will be an average of 8 trips/day. • The Planner replied yes. Johnson then asked what percentage of the traffic is expected to travel on Co. Rd. 1. The Planner stated that most of the traffic will go to a signal light on Co. R . 18 and Anderson Lakes Parkway intersection. Bill Peters asked if the trees along Co. Rd. 1 would be sheered off. Putnam replied the trees in front of the Reichow property would remain. Glen Johnson asked if a storm sewer is part of this plan, and if so, where do the assessments come for that. The Planner replied that yes, it is part of the plan, and stated that the assessments would come from Olympic Hills 3rd Corporation and Hustads. Glen Johnson asked if this proposal is consistent with the plans for Eden Prairie. Hustad replied yes. Rosanne Richgruber, 9890 Cromwell Drive, stated that she was concerned for the property values of the proposed housing as compared to the values of the existing housing in this area. Dan Foley stated that he was concerned with the amount of traffic on Franlo Road. The Planner replied that there will be a sidewalk along the road, and stated that the improvements to be made on the intersection of Co. Rd. 18 and 1 will help. • MOTION 1 Gartner moved to close the public hearing on Bluffs East. Levitt seconded, motion carried 6-0. MOTION 2 • 'Gartner moved to recommend approval of the PUD Development stage approval and re- zoning from Rural to RM 6.5 as per the 5/28/81 plans and the 6/19/81 staff report adding the storm sewer overflow pipe. Hallett seconded. DISCUSSION Torjesen asked if item lc was necessary as listed in the staff report. Gartner replied it should remain for the City Council. Torjesen stated he was concerned that the Reichow property will stand alone. ' Hallett asked if the Reichows are informed of this project. Putnam replied that they know and are in Europe now. Bearman stated that he does not want to see a new access point on Pioneer Trail. The Planner stated that the recommendation was for everything but excluding the zoning for the Reichow property. The Commission stated that they realized this. Hallett asked that paragraph #2 of the staff report be made k8 of the recommendations. Gartner agreed. Motion carried 5-1. Sutliff voted no. /6116 PIEMORANDLM . 7o: Parks, Recreation and Natural Resources Coomission FROM: Bob Lambert, Director of Community ServIcea • DATE: July 2, 1981 SUAJECT: Development Proposal Check List PRDIECT: Bluff's East PROPONENT: 1lustad Development Corporation • RE uisT:PHJD approval and rezoning, from Rural to RH 6.5 and preliminary platting for 104 totdchom s. LDCATIev: Southwest Quadrant of County Road 1 and Franlo Road BACKGRNND: See Planning Staff Report Dated: • PARK AND PECPESTIOS PLANNING CONCERNS 1. ?)pc of development: Residential 2. Number of units in residential development: 104 townhomes 3. Number of acres in the project: 19.7 acres which includes the 2 Reichow lots 4. Special recreation space requirements:WO privately owned totlots are being provided within. . the site. The developer should_5Peeify when these totlots will be completed. s. Adjacent to any existing or proposed parks: Locajed approximately 2 blocks north of Tra to RRepad Par . s, A-fiect on v,r park: AS this neighborhood development is completed, the City will receive pressure to develop that 20 acre park site. 6. geed for a s.ini park dine to the de8sity and the t>Tr of ark,el npment, tten..rivn_Le?)C_. owned mini-parks arc. sugges ed. •.7. Cash park fee or land dedication? cash (lark fee apprnpriatP at' tint!? of 1vti1ainf,—prrasit. will be charged. a. If Cash park fee dedication, amount based on .exis+ing ordinance will total: 76,000 N/A b. If park land dedication, the number of acres to be dedicated is N/A . C. Existing or pending assessments or taxes on proposed park property total and will be paid prior to dedication. . 8. Adjacent to existing or proposed trails:8' foot asphalt bikeway is proposed on the south side of Co. Rd. 1 adjacent to ills project & on the west side o Franlo Rd. g'. " siiiik%icark:i -.40o; S' conCrttt`S;dct ,lt. larlj* north F r••st sid of inarsior_thI•ou Street.. hielil�aspevo Y3railt :. a. Ttte of Trails: S' asphalt trails are transportation. .Sidewalk is pedestri.. cXXX...aN8 X1XkNIK CQn_SIUS.SIQD ilat_erial• Transp9S.tatlo t XN'Sr,iiilaRlik\ x&RIAR ikRINMIna Width of Trail: Transtgrtntion are B' Sidewalk C. Lat ndownership of trail location:(dedicated, purchased. ROW) All trails within the ROW NATURAL RtsotrCr. recste atlos coNcrr S 1. Site grading plan considers natural amenities of the site? N/A 2. Host significant grading on the site: Grading plan is difficult to read; however. the ..Jude.._s.is r_willi s_lala_gradcd.. • • • • N/A • 3. Significant vegetation on the site includes: ' 1 , • •4. The site grading plan indicates preservation of:N/A S. Adjacent to public waters: No a. Affect on waters: N/A • ' REFERENCC cum: • • 1. Major Center Area Study: N/A • 2. Noighiorhood Facilities Study: Pranlo Road Neighborhood Park will serve this development. • 3. purgatory Creek Study: N/A • N/A • 4. Shorcland Management Ordinance: • • S.. Floodplain ordinance: N/A • .6. Guide plan: Shows this_parcel as low density residential • 7. other: ' RECOMMIN ATl eiS I. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or opposed to the project: 2. Planning Commission Recommendation: Planning Commission approved as per Planning Staff Report of June 19, 1981. • • 3. Community Services Staff Recommendations:CoOmunit)' Services Staff recommends approval as per the Planning Staff Report of June 19, 1981 with the following changes and n,Ulitions r I1evclmier is required to construct City standards,south of Co. Rd_1 to t_hc eastern entrance of the 1 •pperty an 8' asphalt bikewa\`along the west side of 1'ranlo Road. Add No. 7 - The developer is required to grade .in_the_la'_wide_1?i1c_Srai1_Lan ixhilLi11C_Il N along the south side nf_Coynty • Road 1. 1 • STAFF REPORT • i r TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: June 19, 1981 SUBJECT: BLUFFS EAST • APPLICANT: Hustad Development Corporation FEE OWNER: The Bluffs Co. Inc. & Mr. & Mrs. Richard Reichow REQUEST: Planned Unit Development Stage approval including rezoning from Rural to RM 6.5 and preliminary platting for 104 townhome lots and public streets and 2 lots for the Riechow homestead. This request would include lot size variances, lot line setback variances, no.frontage on a public street variances, and exterior material variances. PROJECT LOCATION: The SW quadrant of Co. Rd. 1 and Franlo Road ( BACKGROUND • The western half of this site was approved in a concept planned unit development in 1977 for uses of multiple family site. The balance of this site occuring on the east includes the Reichow's homestead as shown on the Comprehensive Guide Plan as low density residential and the existing zoning for the entire parcel is Rural. Since the Reichow nine acresends up being a rather isolated piece, land use of this as multiple family is appropriate as well; expecial- ly when taking into account the proximity of Co. Rd. 1, the institutional use proposed to the east, and the multiple family existing to the northeast. Existing Character of the Site The site,with the exception of the homestead area, is very open and very steeply rolling with three major ponding areas occuring within the site with no low elevation outlet. These low areas are proposed to be filled up to 20' in a grading plan. The existing site,ranges from a low point of 831.2 occuring in the bottom of the central low area to a high point of 885.1 occuring at the Reichow homestead. The grading plan proposed will isolate the Reichow home- stead and place it 10-12' above the balance of the surrounding property. Remaining property will range from a low point from approximately 850 in the very southwestern corner of the plat to 873 east of and adjacent to the Reichow home- stead. Basically, the site is being flattenedand the range of topographic vari- ation is changing from 54' of difference to 23' of difference. The only saving grace of the grading plan is that the site is largely open land and very little disruption of major vegetation will be necessary. • 154`) Staff Report-Bluffs East page 2 STREETS Hennepin County suggests an additional 17' of right-of-way to be dedicated along Co. Rd. 1 and the developer is proposing an additional sliver of right-of-way to be dedicated at Franlo Road to facilitate a 90 full intersection with Co. Rd. 1. The County encourages this realignment and final details would be subject to County review. Franlo Road, south of Co. Rd. 1 should be improved by this developer to the entrance road proposed and the improvement should be up to engineering standards. As with Franlo Road north of Co. Rd. 1, a 5' wide concrete sidewalk will be . required as'part of the road improvement on both sides of Franlo Road. The internal loop road,which is shown as public through the center of the plat,is shown as 50' in width and should be increased to 60' in width to allow for a sidewalk to be placed on the north and east side of the road right-of-way to facilitate pedestrian movement for the 104 homes to be located in this plat. The road circulation philosophy for this subdivision is similar to other Hustad Development proposals in the Prairie East area in that this neighborhood is being isolated from other potential neighborhoods in the area. The results of this type of planning are self evident in the Prairie East neighborhood and the staff strongly suggests the commission recommend connection of the public cul-de-sac to the property south in order to allow connections of neighborhoods and road system continuity. The two Reichow lots that are being platted at this time are being effectively isolated from this plat and are clearly being planned around rather than being planned with. The plat should be revised in order to provide access to each of the Reichow lots so that two additional lots do not require direct private ' access to Co. Rd. 1. Staff would further recommend that rezoning of these two lots not take place at this time. Although private roads are being suggested to a limited extent within the proposl, the developer is illustrating the longer lanes as being built to City standards. The City Engineering and Planning Staff would reinforce this and require that the private lane serving more than one building in length be constructed with concrete shoe curbing to a 25' back of curb to back of curb width and that the pavement design be to City standards. These roads will operate in the same fashion as public streets and carry the same type of traffic in the form of delivery vehicles, moving vans, construction traffic, and etc., City Staff feels that it would be an unfair burden to place a poorly designed street upon the property owners as a new maintenance responsibility with a short life ' There is somelikliehood that these roads in the future would be taken over by the City and therefore should be constructed to City standards up to a width of 25'. Parking is of concern along these private streets and the driveway length adjacent to the private street in no case should be less than 30' in length to provide adequate parking within the driveway since the width of the road will not allow onstreet parking. PARKS The developer has committed to providing totlots in the areas shown as outlot A and the area shown as outlot B. These totlot structures would he provided according to Community Services Staff requirements and specifications. The cash park fee would also he applicable to this area. • Staff Report-Bluffs East page 3 { This cash park fee would go toward paying for the 20 acre park which the City has recently acquired from Hustads just east of this project along Franlo Road. This park would provide closeby neighborhood park access to the subdivision. The City shows on their overall trail system, construction of a biketrail along Co. Rd. 1,which,when constructed would connect with the sidewalks to be provided by the developer within this development and along Franlo Road. • DRAINAGE When Hustad Development Corporation developed the single family area directly north across Co. Rd. 1 from the project, the drainage was taken to a small pond in the southwest corner of the subdivision. Likewise, Olympic Hills developed the Third and Fourth Additions west of the Hustad area, and drained part of the subdivisions toward the pond. That pond is landlocked on the north side of Co. Rd. 1 and at the time those subdivisions were approved, a require- ment was made to provide a storm sewer outlet under Co. Rd. 1 to this property and temporary storm water ponding was to be provided within the ponds which are now proposed to be filled within this proposal. Prior to final approval of this plat, a detailed comprehensive master storm sewer plan for the balance of the Hustad property south of Co. Rd. 1 must be submitted and approved by the City to assure that proper storm sewer will be installed according to the City Engineering and Watershed District requirements. RECOMMENDATIONS • The Planning Staff would recommend approval of the request for planned unit development stage consisting of rezoning from Rural to RM 6.5 and preliminary platting. This approval would exclude zoning and platting for the two Reichow lots a this time. This approval should be subject to the following items: 1. That the plat must be revised to reflect the following: A. Public road connection to the property to the south. B. Revision of access through this subudivision to the two Reichow lots. C. A revised grading plan that is readable for further eval- uation of the site. D. All private lanes with the exception of driveways serving individual units within the subdivision shall be built to City standards 25' wide with concrete drive-over curbs. E. The right-of-way through the center of the project should be increased to 60' to allow for construction by the developer, a 5' wide concrete sidewalk on the east and north side and within the right-of-way of the through road. F. Developer is required to construct Franlo Road to City standards south of Co. Rd. 1 to the eastern entrance of this property with sidewalks along both sides of the road. f f)1' 3aff Report-Bluffs East page 4 G. Driveways on private lands shall be no less than 30' in length from garage door to back up curb. 2. The cash park fee is applicable to this project. 3. Two totlots are to be constructed one each in outlot A and outlot B according to City Community. Services standards. 4. Any planting proposed in the public right-of-way shall be relocated under private property. 5. 17' of additional right-of-way adjacent to Co. Rd. 1 should be dedicated as part of this plat. 6. Approval of this plan is subject to the review and approval of the Riley- Purgatory Creek Watershed District. CE:ss • • • i5r - • • July 17, 1981 • Wolfgang Penzel, Mayor Chris Engor, City Planner, and Members of the Council Members of the Council: It has come to my attention that the proposed Hustad development located on: the southwest quadrant of Pioneer Trail and Franlow Road will be before the Council next week. The land encompassed by the Hustad proposal is partially hounded on the wester- ly line by an 11-acre parcel I own. Our common boundary, my easterly line, is 22 rods in length, or about 365 feet. As I look at the proposed plat, it • becomes apparent that my property will have no ingress or egress connecting the • easterly portion of my property with the proposed public road in the new devel- opment. I request that serious consideration be given to an alternative to the existing proposal which would provide for future access to and from the easterly regions of my property. While, quite candidly, I hate to admit the fact that my prop- erty may well be developed at some future date, I realize this is more than likely. Therefore, I would like to do anything I can now to smooth whatever future actions may be appropriate. I am sorry that I am unable to attend the council meeting, but prior commit- ments make that impossible. I thank you very much for whatever consideration you may be able to give me. Very truly yours, David W. Brown 15201 Kurtz Lane Eden Prairie, Minnesota 55344 Telephone: 934-0338 °':?2 • DEPARTMENT OF TRANSPORTATION ,0�' ; 320 Washington Av. South _ ' 414, Hopkins, Minnesota 55343 `�,, e HENNEPIN • • it 935-3381 . - June 18, 1981 W. Chris linger Director of Planning City of Eden Prairie . 8950 Eden Prairie Road • Eden Prairie, Minnesota 55344 Dear Mr. Enger: • RE Proposed Plat - "Bluffs East" - CSAII 1 SW Quadrant Franlo Road Section 25, Township 116, Range 22 Hennepin County Plat No. 935 • Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review - of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -For future improvements to CSAII 1 the developer should dedicate an additional • 17 ft. of right of way making the right of way 50 ft. fran the center of CSAH 1. • -The proposed street access, approximately 720 ft. west of Franlo Road, meets the minimum sight distance requirements for the posted,speed limit. The developer must construct the proposed street access with a right turn lane (attachment 1) and a by-pass lane (attachment 2). -The proposed relocation of the existing driveway from approximately 210 ft. west of Franlo Road to approximately 410 ft. west of Franlo Road meets minimum sight distance requirements for the posted speed limit. -Any new access to a County road requires an approved Hennepin County entrance permit before beginning any construction. See our Traffic Division for entrance . permit forms. -Hennepin County supports the developers dedication of additional right of way at Franlo Road to allow a more perpendicular intersection of the south leg of Franlo Road and CSAH 1. . -All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping. See our Maintenance Division for utility permit forms. -The developer must restore all areas disturbed during construction within County right of way. Plcasc direct any response or questions Les Weigelt. . • Sincerely, i 447./,14( . . ;,,,,.� ,,. ,,'r,,�l, , .�;, ,-, ,, HENNEPIN COUNTY • r Chief Planning ;and Pro iai nin,. . . IJ f. P an equal opportunity employer . .T.li,'/I Itl1'•t,i O N • o v. r a r- • • ( % z i W • w o ( ac i: - a z • J W X 0 I I- z , W I-- g O. _ 2 O " 0 0 _ V CG W a ce • • a r • ti i in• • a ' M w °' W Is. �1 • a > cx in o i • • Z 'gym;"', z N z 0 W z . z W • • Q 2 a I —J a N fl H• cc o — i it) 1 r r_ a w o- a r 151.16 • A . _.is _ _ :.. • • 7.55" DEPARTMENT OF TRANSPORTATION320 Washington Av. South Hopkins, Minnesota 55343 HENNN NEEPIN • --TI 935-3381 �—• June 4, 1981 Mr. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Enger: RE Concept Plan - "Bluffs East by The Bluffs Company" CSMi 1 SW Quadrant of Franlo Road Section 25, Township 116, Range 22 Hennepin County Plat No. 929 Review and Recommendations • We reviewed the above concept plan and found it acceptable with consideration • of these conditions: -For future improvements to CSAH 1 the developer should dedicate an additional 17 ft. of right of way making the right of way SO ft. from the center of CSAH 1. -The proposed street access, approximately 720 ft. west of Franlo Road, meets the minimum sight distance requirements for the posted speed limit. -The proposed relocation of the driveway from 230 ft. west of Franlo Road to approximately 410 ft. west of Franlo Road meets minimum sight distance require- ments for the posted speed limit. -Hennepin County must review the preliminary plat when it is submitted to the City of Eden Prairie. Please direct any response or questions to Les Weigelt. •ncerely, • "/(,/41-6( James M. Wbld, P.E. Chief, Planning and Progrvmning JMW/LDW:p j cc: Dick Putnam HENNEPIN COUNTY • • ,'i') an equal oppodunlry employer • CITY OF EDEN PRAIRIE . HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-143 • RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLUFFS EAST DC IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of _ Bluffs East dated May 28, 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 she 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. Penzcl, Mayor r 'John 0, Frane, City Clerk SEAL 164 July 21, 1981 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN • The following accounts were audited and allowed as follows: 7138 VOID OUT CHECK $ (13.: 7403 CHASKA MARINE Supplies-Recreation Dept. 25.' 7409 CIIASKA MARINE Supplies-Recreation Dept. 61., 7410 PRAIRIE VILLAGE MALL ASSOC. Rent-Liquor Store-Prairie Village Mall 2,099. 7411 HENNEPIN COUNTY PARK RESERVE Fee-Recreation Dept. 7412 ED. PHILLIPS & SONS CO. Liquor 4,459. 7413 PAUSTIS & SONS Wine 171.• 7414 TWIN CITY WINE CO. Wine 88.; 7415 INTERCONTINENTAL. PACKAGING CO. Wine 517. • 7416 JOHNSON BROTHERS WHOLESALE Liquor 1,063.' 7417 OLD PECRIA COMPANY, INC. Liquor 637.- 7418 GRIGGS, COOPER & CO., INC. Liquor 3,368.. 7419 CITY OF GOLDEN VALLEY Motor Vehicle Registration 2. 7420 WILD MOUNTAIN Fee-Recreation Dept. 842. 7421 VOID OUT CHECK 74? GENERAL CINEMA THEATRE Fee-Leisure Challenge 58, 742,, LAKE RILEY IMPROVEMENTS ASSOC. Service 150. 7424 CAPITOL CITY DISTRIBUTING CO. Wine 448." 7425 IINNESOTA DISTILLERS, INC. Liquor 2,444. 7426 TWIN CITY WINE CO. Wine 2,551. 7427 INTERCONTINENTAL PACKAGING CO. Wine 305. • 7428 JOHNSON BROTHERS WHOLESALE Liquor 3,257. • 7429 ED. PHILLIPS & SONS CO. Liquor 4,697. . 7430 OLD PEORIA COMPANY, INC. Liquor 7,152. 7431 VOID OUT CHECK 7432 MIDWEST WINE CO. Wine 959.• 7433 GRIGGS, COOPER, & CO., INC. Liquor 6,104. • .7434 ACT II Fee-Recreation Dept. 25.. 7435 BEER WHOLESALERS, INC. Beer 5,927. 7436 CAPITOL CITY DISTRIBUTING CO. Beer 184.. 7437 CITY CLUB DISTRIBUTING COMPANY Beer 5,877. • 7433 COCA-COLA BOTTLING CO., INC. Mixes 916. 7439 DAY DISTRIBUTING CO. Beer 7,870. 7440 EAST SIDE BEVERAGE CO. Beer 12,333. 7441 GOLD MEDAL BEVERAGE CO. Mixes 161. 7442 KIRSCH DISTRIL'UIORS Beer 100. 7443 A.J. OGLE CO., INC. Beer 1,470. 7444 PLPSI/7-UP BOTTLING CO. Mixes • 721.. 7445 THORPE DISTRIBUTING Beer 9,05n. 744G GOLD MEDAL BEVERAGE CO. Mixes 261.. 74 SUPPLLI.'S 7 HI I:NIERPNISES, INC. Rent-Liquor Store-Preserve 2,789. 7643 INSTY PRIN1S Printing-Recreation Dept. 26.• 7449 CASH Postage `i.- 7450 FEDERAL RESERVE DANK Payroll 17,470.. 7451 CO NISSIHMLR OF RU VENUE Payroll 5,910. -• 7452 AL1NA LIIL INSURANCE & ANNUITY Payroll] 165.: • ',age two July 21, 1981 ( • 7453 UNITED WAY OF MINNEAPOLIS Payroll 46.,' 7454 INTERNATIONAL UNION OF OPERATING Dues 3OO.c 7455 P E 12 A Payroll 11,351. 7456 WESTERN LIFE INSURANCE CO. Insurance 487. 7457 P H P Insurance 6,823. 7458 BLUE CROSS INSURANCE Insurance 481. 7459 HMO SERVICES Insurance 624.` 7460 HMO SERVICES Insurance 1,612.'. 7461 GROUP HEALTH PLAN Insurance 1,563. 7462 A & 11 WELDING & MFG. CO. Aluminum sheets-Park Dept. 198. • 7463 AFFILIATED EMERGENCY VETERINARY Service 25. 7464 DENNIS ALBRECHT Softball official 121. 7465 EARL F. ANDERSEN & ASSOC. Signs •485. 7466 RON ANDERSON Wiring-Fire Dept. 116. . 7467 MIKE ARIUSI Supplies-Recreation Dept. 4.. 7468 ASSOCIATED ASPHALT, INC. Blacktop 1,343. 7469 ASSOCIATED WELL DRILLERS, INC. Well repairs-Grill House 150. 7470 BRAUN ENGINEERING TESTING, INC. Service-Valley View Phase II, Homeward Hills 3,163.: Road, Cardinal Creek, Luther Way 7471 BROWN PHOTO Film-Fire Dept. 7•,. 7472 BRUNSON INSTRUMENT COMPANY Level-Engineering Dept. 500. 7473 BRYAN ROCK PRODUCTS, INC. Rock 4,605. 7474 BROSSARD HOMES Refund-Building Dept. 1,057. 747 BUTCH'S GAR SUPPLY Supplies-Liquor Stores 398.' 7476 CASTLE CHEMICAL COMPANY, INC. Chemi cal s-Park Dept. 47.. 7477 CENTURY MEG. CO. Equipment parts-Street Dept. 28. 7478 CHANHASSEN AUTO PARTS Equipment repair & parts 952. 7479 CHEIILAdN Service 56.. 7480 CLUTCH & 11-JOINT BURNSVILLE Equipment repair & parts 116.. 7481 COITIISSIONER OF TRANSPORTATION Service-Traffic Control Signal TH 169 5,038.. 7482 COPY EQUIPMENT INC. Supplies-Engineering Dept. 403. 7433 CURTIN MATHESDN SCIENTIFIC, INC. Chemicals-Water Dept. 33. 7484 CUTLFR-IIAGNER COMPANY Quicklime-Water Dept. 2,035._ 7485 WARD F. DAHLBERG Mileage 46... 7486 DISPLAY FIXTURES Supplies-Liquor Store Preserve 37.1 7487 DOREEOLT PRINTING & STATIONERY Office supplies 15 7483 DRISKILL'S SUPER VALU #2 Supplies-City Hall 55. 7489 DAVE DEMPSEY PLBG. Refund-Building Dept. 15. 7490 EDEN PRAIRIE SCHOOL DISTRICT L#272 Custodial Service 997. 7491 CI1Y OF EDINA Tests-Water Dept. 102.. 7492 STEVEN [LEERING Refund-Recreation Dept. 10. 7493 ELK RIVER CONCRETE PRODUCTS Rings-Street Dept. 82.: 7494 ELVIN SAFETY SUPPLY, INC. Safety glasses-Water Dept. 121. 7495 CHRIS ENDER Expenses 150. 7496 F11PIRE-C1101!1; AUTO, INC. Equipment repair & parts 33. 7497 ESS BROTHII;S & SONS INC. Grates-Drainage 165. 7498 F.Y.S. FRAMING Service-Pol ice Dept. . 71. 749" FEED-RITE CONTROLS INC Sul fate-Water Dept. 5,783.. 75i.. FIRE CHIEF UTGA7.INE Dues-Fire Dept. 15. 7501 FI1;ES1(r;;: STORES Ti res-Street Dept. 210.. ' 7502 FLI.ET rAINi1NAWCL INC. Equipment repair & Darts 187. ' • 7503 FLYING CLOUD SANITARY LANDFILL Wood chins-Forestry Dent. 133. /-j!dO Page three July '1, 1981 7504 FORESTRY SUPPLIERS, INC. Paint-Forestry Dept. 332. 7505 JOHN FRANE Expenses 158. 7506 FRANKS NURSERY & CRAFTS Supplies-Recreation Dept. 4., 7507 FRONTENAC PRESS Printing-Police Dept. 95., 7503 FRO„TIEP, LUMBER & HARDWARE Lumber-Park Dept. 26. 7509 GENERAL COMMUNICATIONS, INC. Equipment repair & parts 174. 7510 GLIDDEN PAINT Paint-Park Dept. 236. 7511 GREAT WESTERN SUPPLY Office supplies 114.' 7512 DALE GREEN CO. Black dirt 14.. 7513 GROSS INDUSTRIAL SERVICES Service 77.: 7514 HACH CHEMICAL COMPANY Chemicals-Water Dept. 180. 7515 STEVEN W. HAHNFELDT Conference-Fire Dept. 25.E 7516 HENNEPIN COOP SEED EXCHANGE Fertilizer-Park Dept. 3,439. 7517 SHERIFF'S DEPARTMENT Fee-Police Dept. 290. 7518 HENNEPIN COUNTY Board of Prisoners 1,479.. 7519 HENNEPIN COUNTY TREASURER Oxygen, bolts & nuts-Park & Street Dept. 223.. 7520 BEN HOOKER Refund-Recreation Dept. 8.r 7521 HONEYWELL INC. Service-Water Dept. 1,367. 7522 HOPKINS DODGE SALES, INC. Equipment repair & parts 49. 7523 HOPKINS PARTS CO. Equipment repair & parts 228. 7524 VOID OUT CHECK 7525 INGRAFI EXCAVATING Haul rock-Park Dept. 420. 7526 I B M Office supplies 156. 752 JERRY'S SUPER VALU Supplies-Recreation Dept. 16. 7528 JIMMY JINGLE Supplies-Liquor Store Preserve 96. 7529 JORDAHL CONSTRUCTION CO. Service-Eden Prairie Park Shelter 7,012. 7530 KARULF HARDWARE INC Concrete mix., wastebasket, bulbs-City Hall 610.- ' insect repellent, fuses-Police Dept., Battery, bags, trowel, paint, brush, gas can-Street Dept. Wiring kit, hand cleaner, thinners bolts & nuts, utility knife, blades, rope, trailer hitch, clamps. hole digger, chain-Park Dept., cooler-Roc Dept. lawn edging, paint-Forestry Dept. step ladder- Liquor Store Preserve, caulk, paint, chain-Water Dept. 7531 JENNIFER KENYON Refund-Recreation Dept. 30. 7532 KRAEMERS HOME CENTER Paint, paint supplies-Street Dept. 237. 7533 LANG, PAULY & GREGERSON, LTD. Service 7,4D2. 7534 LEAGUE OF MINNESOTA CITIES Service 4,D27. 7535 LEEF BROTHERS INC. Service 194. ' 7536 LONG LAKE FORD TRACTOR Rod-Park Dept. 8•' 7537 MEDDX Oxygen-Fire Dept. 27. 7533 IETRO PRINTING, INC. License forms-Finance Dept. 399.` 7539 IF.TROPOLITAN FIRE EQUIPMENT Chemicals-Fire Dept. 95. 7540 •iID'NEST ASPHALT CORPORATION Blacktop 134.. 7541 111IJ R DAVIS COMPANY Forms-Assessing Dept. 17. 7542 lIriNESOTA BLUEPRINT Supplies-:Engineering Dept. 52. 7543 IINNESOTA PFPAN1IILNT OF TRANS. Book-Engineering Dept. 14. 75 MINNESOTA FIRE INC. Equipment-Fire Dept. 42.. i 754 III]L ESOTA GAS COMPANY Service 1.1 7546 MINTER GROS. - A. WEISMAN CO. Candy bars-Beach Concessions 187. 7547 RAY MITCIIFLL Expenses 127. 7548 MODERN TIRE CO. Equipment repair & parts 239.i 7549 JILL iIOEL Refund-Recreation Dept. 8.' I1)(01 • Page four Jul(, 1, 1981 7550 DENNIS NESBITT Expenses 16. 7551 NSP Service 5,764. . . 7552 NSP Service 7553 NOR1HWESTERN BELL TELEPHONE Service 2,900. 7554 NORTHWESTERN NATIONAL BANK MPLS. Service 90. 7555 NORTHWOOD GAS CO., INC. Oxygen-Street Oept. 3. f 7556 TAMMY OLSON Refund-Recreation Oept. 8. 7557 PEPSI/7-UP BOTTLING Pop-Beach Concessions 295. 7558 PERBIX, HARVEY & T}I0RFINNSON Leg.1 Service 90. 7559 PETTY CASH P/S Expenses 2. 7560 POWER SYSTEMS Hose-Street Oept. 19. 7561 PRAIRIE ELECTRIC COMPANY, INC. Equipment repairs & parts-Park Oept. 886. 7562 VOID OUT CHECK 7563 PRAIRIE LAWN & GARDEN Supplies-Park Oept & Water Oept. 115.' [ 7564 RAPID COPY, INCORPORATED Liquor IO cards 43. 7565 RIEKE-CARROLL-MULLER ASSOC. Service-Valley Place Office Improvements, Ind. 33,901.. Road Utilities, Valley View Road, Pedestrain Bridges, Franlo Road & Preserve Blvd Utilities, Schooner Blvd., 70th Street Improvements, Meadow Park, Cardinal Creek Phase II, Willow Creek, Rymarland Camp 2nd Addition, Lake Idle:vild Orainage, Sunset Trails Estates 75k ROBERTS DRUG Supplies-Recreation Oept. 60. 7567 RUFFRIDGE-JOHNSON EQUIPMENT Nozzles-Street Oept. 64. 7568 ST. REGIS PAPER COMPANY Supplies-Drainage 218. 7569 SAILOR NEWSPAPERS Ads-Liquor Store 118.. 7570 SALLY DISTRIBUTORS NOVELTY HOUSE Supplies 47. 7571 SATELLITE INDUSTRIES, INC. Portable restrooms-Park Oept. 2,094. 7572 SCHMIDT READY-MIX, INC. Concrete 141. 7573 KATHY SCHUMACHER Tests 100. 7574 MARIA SINMONS Refund-Recreation Oept. 1. 7575 STEVEN R. SINELL Fee-Assessing Dept. 10. 7576 RYAN SKATRIID Refund-Recreation Oept. 8. .7577 SMILEY GLOTTER ASSOCIATED Service-Eden Prairie Community Center 3,078. 7578 W GORDON SMITH CO. Fuel-Street Dept. 3,385. 7579 SOUTHWEST SUBURBAN PUBLISHING INC. Ads-Liquor Stores 139. 7580 STATE OF MINNESOTA Fee-Water Oept. 12. 7581 DON STREICHER GUNS, INC. Equipment-Police Dept. 34. 7582 DAVID STUTFLBF.RG Softball official 154. f 7533 SUBURBAN CHEVROLET CO. Equipment repair & parts 24. ` 7584 SULLIVANS SERVICES, INC. Service-Research Road 50.- 7585 VOID OUT CiIECK 111. 75S6 S[IPPLEE ENTERPRISES, INC. Supplies-Liquor Store 111 7587 TALL TIMBER TREE CARE Tree removal 7588 TARGET STORES Supplies-Recreation Dept. 11. 7599 MARC THIFIf;AN Expenses • 30.: 75 CARRIE TJFTZ Service-Park & Rec meeting 42..< 7591 TOWN'S LICE FORD Equipment repair & parts 11.. 7592 TRIAi;CO ARTS F CRAFTS Supplies-Rec Dept. 46. 7593 MIN C[il' 1FST1NG Tests T00. 7594 UNITED LABORATORIES Supplies-Water Dept. 168. • Page five July(21, 1981 7595 WATER PRODUCTS Meters-Water Dept. 4,395.i. 7596 XEROX CORPORATION Service 2,669., 7597 ZIEGLER INC. Equipment parts-Street Dept. 449.c 7593 F1INNESOTA KICKS Expenses 98. 7599 FIRE I1ARSHALLS ASSN. OF MINN. Fee-Fire Dept. 35.I 7600 EDENVALE GOLF COURSE Golf instructor 1,413.i 7601 REBECCA A. PLOWMAN Expenses 1,723.: 7602 SOUTHWEST SUBURBAN PUBLISHING INC. Legal ads 218.E 7603 PROGRESSIVE DAIRY INC Ice cream-Recreation Dept. 206. 7604 XEROX CORPORATION Service 26 7605 PETTY CASH Expenses 68._ 7606 FOX, MCCUE & MURPHY 1980 Audit 2,011. ' 7607 HIRSCH BORS., INC. Service-Senior Citizens Storage Building 7,500. 760B JEAN JOHNSON Expenses 21.: 7609 MJNNEGASCO Service 90 , 7610 SHURAIL SUPPLY, INC. Freon-Water Dept. 98 ` � 7611 HOPKINS POSTMASTER Postage 400. 7612 ROSEMARY JOHNSON Expenses 135.` 7613 KATHY UPTON Expenses 100.- 7614 MAGNEY CONSTRUCTION Service-Eden Prairie Community Center 94,576. ;, 7615 A & K CONSTRUCTION Service-Water Supply Wells #4, 5 & 6 34,014.. 7616 BROWN & CRIS Service-Sunset Trails Utilities 31,299. 7617 BARBAROSSA & SONS, INC. Service-Water Treatment Plant Addition 129,180. 7619 BROWN & CRIS Service-Rymarland Camp 2nd Addition 20,700. 761. BROWN & CRIS Service-Cardinal Creek 2nd Addition 1,921.- 7620 BROWN & CRIS Service-Cardinal Creek Addition 5,510. 7621 BROWN & CRIS Service-Dell Road 47,833.. 7622 BROWN & CRIS Service-Valley View Road (Phase I) 6,101. ; .. 7623 7624 NODLAND ASSOCIATES, INC. Service-Chatham Wood Addition 15,879. 7625 NODLAND ASSOCIATES, INC. Service-Industrial Drive Utilities 31,683. 7626 NORTHDALE CONSTRUCTION CO. Service-West 70th Street Utilities 193,343 7627 PROGRESSIVE CONTRACTORS, INC. Service-Valley View Road (Phase II) 176,131. � . 7628 SANDMARK CONSTRUCTION, INC. Service-Lake Idlewild Drainage Improvements 16,515. 7629 SHAFER CONSTRUCTION CO. Service-Anderson Lakes Parkway, Homewood Hills, 14,004. Lake Eden Park 7630 EGAN-MCKAY Service-Anderson Lakes Parkway at T.H. 169 20,824.. 7631 HENNEN CONSTRUCTION CO. Service-Sanitary Sewer, Storm Sewer 59,680. TOTAL $1,171,106. 160 • • • MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager • �,� FROM: Bob Lambert, Director of Community Services tom—' • • DATE: July 16, 1981 SUBJECT: Grill House • • Attached is a July 1, 1981 memo from Stuart Fox regarding the well at the old Grill house. This memo was submitted to the • Parks, Recreation and Natural Resources Commission and the Historical/Cultural Commission. • • The Parks, Recreation and Natural Resources Commission made the • • following motion: MOTION: Kingrey moved to recommend to the Historical/Cultural Commission • that recommendation be made to the City Council for an immediate survey of the community's feelings toward expenditure of money to save the historic Grill house. Friederichs seconded the motion and it carried unanimously. The Historical/Cultural Commission recommended making the improvements and indicated that they felt a well could be put in for less than $4,000. Mona Finholt, a long time resident of Eden Prairie and a school teacher in the Eden Prairie School system, gave a brief presentation to the Parks, Recreation and Natural Resources Commission and the Historical/Cultural Commission regarding her research on the Grill homestead. Ms. Finholt also • requests approximately 10 minutes with the City Council to provide the Council with very interesting information regarding the Grill homestead. There are several people on both Commissions that feel the • $I40,000-$150,000 renovation money could he raised in the • community over a three to four year period and that they should • • he given the opportunity to attempt to raise those funds. Staff feels that if that amount of funding could he raised from the • community, it would certainly show community support for that facility. Ms. Finholt also brings some very good points for preserving the Grill home. City staff has indicated that it is difficult to support preserving that facility along with the I preservation of the More house without seeing a complete program on how bath of these facilities sill he used, how they would be g progremmed, the people they mold eve and the estimated cost for maintaining these facilities. • ( Obviously, any building will be better preserved if it is lived in or used. Therefore, there is some urgency in making a decision on the well and electrical work. If the City Council decides to not make those improvements at this time, the City would board up the house until such time as funds became available for renovation or demolition. BL:ind • f' �ri • C MEMORANDUM TO: Parks, Recreation and Natural Resources Commission Historical/Cultural Commission THRU: Robert A. Lambert, Director of Community Services FROM: Stuart A. Cox �rl� DATE: July 1, 1981 SUBJECT: Well at Old Grill (louse On June 22, 1981, I received a call from Noreen Nelson, the renter at the Grill house, stating that she had no water at the house. I contacted Associated Well and they checked the well and after examining the pimp, pressure' tank, etc, the service man pulled the well and examined the leathers. These were found to be in satisfactory condition and he then concluded that the well casing, which is at least 40 years old, must have a hole in it. It is impossible to fix this condition and to provide water service for the house will require the installation of a new well. The estimated cost for a new well is $4,000. In addition, after meeting with the State Electrical Inspector to examine the wiring adjacent to the pump house it was recommended that the City should install a new service from the i,:et:cr pole to the house, plus the additional wiring necessary for the new well. The estimated cost for the electrical work is $1,200. The City currently collects $150/month, or total of $1,800/year in rent from ' the Grill house. The City in turn pays Hennepin County 300 ($540) of the total yearly rent collected in lieu of property taxes. This means the'City nets $1,260 from the rental of the house each year. The current rental agreement expired in May and Noreen Nelson has been living in tie house on a month to month basis. She indicated that she is willing to stay in the house if the City fixes the well problem. However, the condition of the house is not improving and the unkeep cost will continue to far exceed the rent collected by the City in the future unless major repairs (i.e. new well, electrical service upgrading, insulation of kitchen crawl space and weather proofing are done immediately. RECOMMENDATION: The staff recommends that if the City cannot appropriate funds for the necessary improvements to make the house safe and habitable for a renter, the City should board up the house until such a time as funds become available. SF:md 1'') �,=fir n iT THE GRILL HOUSE, The Grill house is truly a historical site. The house was built in 1879 by John R. Cummins, a farmer who came to Eden Prairie from Pennsylvania in 1856. We have been fortunate to locate several sources of information regarding Mr. Cummins. These include census data(both population and non-population), photographs„assessors return of taxable personal property, and various receipts from business transactions. Most importantly we have discovered 60 volumes of hand-written diaries. The diaries begin in 1855 and continue through to 1916. The diaries of J.R. Cummins include descriptions of early pioneer life in Eden Prairie, the planting and harvesting of crops, and the building of his house. Enclosed are a few examples which give an insight into the life of John R. Cummins. . . . • - . . .' - '.• • . .... „ _ . .. . , . . . , -'. . , • -,.,-..•-: .r-.. 1._ 1 )(,1 /..."/• ,.. •1'..• c'... i, •''. •••• ..-. "1 ',1 %,• '.1 . c z • V.. ::' '' i, .., ;•: !, 1 0 0 • t, 0 1-,. ..,-; 14 • IC) . ro o o a. o • oapn ; P. 1-... r•• 0 e- a ...r) Z 1-.: 7.: i-J l'-' 1 . . W • - ro rsa -•• k...4 k...4 %...1 -• VI N) ro I AGE l'': ••• ....-4 3 t t ......4 t it I .32X I CC1OR- ',..', 2, 1.1 .--: 1.•:,. x • .4 't '•+i '.i *.i Profession,• z td N N N P .$ Occupation, rtl .4 N a a a or Trade, over 15 . m 1 ...- m m 0 .s •-s .5 1 years cl, . o a.. ri • Iv., , . • •• .. • Ci .„ Value of 0 0 0 t‘l 0 0 0 Rcal Estate . , .3 ., .-., I-4 I—I , Value of t4 '.- ‘..Ti o 8 o Personal Estate L...:. . i . _ .- - -., '.': •.-•": '''''. '.,' •"..: •-,, --.; — 1 ' M- •-' ..• i-- r•.• ;5' "., •.. - 1 ''. -• o• .....! ..-. o c LI t. :1 0 t' !.-. ‘,.! ,••::: 7.! —,, t_,,_,, •,.:.• : :.: %...' ....• ;•.' ...: :i2 '7; J ( . ried within the year • Attended school within the year . .. - _ _ . - .- •,.-_,- —.... , • 1 6 . • °s 3 2 ,• 6 o • S , 3 o fr a , 3 6 s 4 4 4" 3 °' . J s , v v 3 A • o N , b. y p N I n - -i .a. o O I 1 n 3 n o" f, -A- r-- r 5. p. 3 } I 1 C. °- 3 N• ' , 0 e tA I I SL ... ---I'--- cH Y< ... 11 K oa a Q IN I N 'k ul -,-,. . ;-, ir--r _ ,-- . . __ I -,1 a r.1€, - = I N (.>Jeo.�la0d w Z, i ,, i 0 v., C. A t 0 ; I I I iT [ N n rTTTfl VI F III N II O IIL:1i1 _I 7o oItIQ of ".1,* • - go. in I . I I r -- _ r-� . 7_ - ( ':r to- HO I o Io � - ( --to l c....j-of - • .1 Ids' � OI OIrI , , pi l.>Y_ry/ „da2.J�..' Vr. '.+=.:--t: - — - - Ii i I _ ,q.. d ... I C,.. • '' ! Nit' = wir I. . --_ NrsesI�..! a i; r11.,/ta//Irrtf 3 ' tl I ( V5 I ° /ds v I p. " 01 y IA 1 Eton$ I _ l'it I 0 N (k)o4c1-5 T. a -. I NFn_-I------ I —_ _—- Swat ''`.' _ _ r att. N b.,a <I ro w w C. lit - *--- h Sheep — — P.ea..l:,+ ba 0 ..3 p Ate a I c w; Co oQrei/.G I o Ut c 8 0 I o 0 0 a/i Lae/A f .", rti I'------` 2 LJ`.7-:r- — - _ lo.e, _ I a 10._..� .-N- o o of a f,.,.•d.,. V .p � `d 10, rt U 5,0,11 ✓ t yl 0 0 o O 0 ° Ida.d •• J +: o' o O 0 Q.��R�! i • D outer e�` 1 CArere I Q. -1 .Jheh T' azl.- °s 0 y0. i } v 9 0 ' (AQ I a �y , * V - - _ GzYk ". V l.e i3 I S /d ci.¢/.� �r o N �I • II c O c - r'�r. t''f — - — — O �' ^ IIL7i CA 1 Cfwet J --- — — I I 9,2s3 I `a /d, -/o.f •fay S o-..— .. _— — F/a+• setd .c C Q a —{ -'— Cae.oh 6 v. 1 — Ids /j,a.eo Mr) v — --- C 'l C.S. •• ---- --- g t44 i isAr Mc. 6 _r!_ - ----- - Non[y • _.. , .-.._...._.-. _. - �prangy� fwM6 v Mo iii-- cl res , \,_ kk'1,, k Kkp...A 'e s'\-. \ e ‘\\'' 1 i'' # 't ..i;'- `:::.: , w t.,.. \--, :..Z.,.\1/4 I.,,,,, li'S \‘ 1 ' '',t-s...t• , ,,‘N,i i;\ \ vN L ,./ c•\,.. ..., 1,, ;_,- li: 0. bN O cV. c''4. w• N .r `; Ci ; 4 1 o I E r l % , e I e o ?_— .- .__e Lam_`2_. — It —_-_ ------.'-_. —9--I---V—_: L......:, --- — — ... t , ! a r— _ - - _--c- to `:\ ---- C C\ `-- `- __ P _ It .�.{ �\ \ \ P.1 ; E : f 0 * r l E ' • ' .. - ' - . " "' ... ."- . , . . ' ' ", --- " - . , .-.. _ . • -_...t...,- .. . • • x :ir I \,,N ''\: '• k• N. • ?1/4„ N N.' .. 4 kt1 N\ \I ..„ Aq ,,, 1•4 N „c se kl• .a. '1/4\ ..• , ,1/4„„ a-, -,... ,k . ..;;; ,_; CI C). ‘ %0 C\ N\ 4 •:4 A. - N4 '-..1 N.. ...: •-, _____ '...r.• N • ,_-,.- N\,r (\\ k4 ,%.4 s.•\ \ ., 4.11,-Itt 1. N II - • 'ot,..p-0,1, ,_ • 1\ I\ t‘ ?N t's l's li.,\ 1\ tk• t• \ i gili:i.17*: r-r ? ? 3 7 9 1 9 ? -, . lL, 11 filliiil il!!...f?-i: a.“zTi..a h- •________ ____ ii;-11);'': L. ----- . i 8 1:15 i"• ... . . .. .... .._...._ __________________________ .• 1; ie Eli N , . : . . -----------------------.-- t 3 i".•1 _ ._____________ ___ • . .i“ 713 V .;,-'1:1. :•• . • • .• .. • .. . • ., E P.';i V "N -.- 1—. ---------•..,---L. -.--... 4 '.§.3-'3. !'s•, i . .. .7 3-• ' I g -.2 1......? t , 1 ..;i -42 ...,.j 1 C 1 • t 1 -,.— . \%4 , tv .N.', N• . I 7..g t•P' .4' F3 .. \ -N ----, .'_'• ___________ \ \ 4. \ \ \ `\. N \ ga\ :_______._______ji_\.' : '' 1:..,:_i.:::1_ ...A.7.7d,i . i''\. I\ li,•';!i.,:::;.:-, . • 1-,•••,;.,5. k. ''• : i .\ 'iN ' i, !;;;;T:1'::i l'''' , - 'N k I ° i I ` F\ I ,' I t 1 ,Ci i 1 ,,,,,N ) i 1 J ,Y\ f 1' ,-..„,:-...“ c) •:,.....,;i K) i-N • ' ,-.... :,• i .- .;:. '.I r--•:.1.1 i 1 X t • . .• i . • • I - . .\‘...••••:, - - --- . -... - - - - ' .- :.,- l EXCF.RPTS.FRROX DIARIES OF JOHN CUMMINS AN EARLY EDEN PRAIRIE SETTLER Sun. May12, 1A56: Arrived in St. Paul this morning at 9 o'clock. This is the capital of the territory. It is a large town, some fine houses in It. Crossed Mississippi to Minneapolis. Tues. Mav 13., 18561 Took a walk down to see the Hinnehaha Falls. Passed through beautiful prairie of a.d.eep black soil. The falls are very romantic. Saw Fort Snelling. Wed. I_ai_111 18 : Took a walk out to see Lake Calhoun. There are a great many lakes near here and are very beautiful. Some are very large containing • huf'dred acres. Thur. May 1..5,_1856s St. Anthony Falls affords one of the finest water powers in the world; the Mississippi here falls about 20 feet. Left Minneapolis for St. Paul intending to take a trip up the Minnesota River. Sat. May17 1856s Very fine country through which the river passes. This river is very crooked running at all points of the compass. P'av 28, 195_6s I never before saw the likes of mosquitoes. The are fairly alive with them, a person can hanily get along for th7,m. Was looking at a farm for sale today. I like it very well. Left Gibson's at noon and got to Minneapolis about 11 o'clock. l?(x3..__,hm e_I 1_1-_18 56 s Left Gibson's and went down to Hennepin about four miles near Shakopee. 1, 72, • Thur„Tune 12, 1856e There being one hundred and fifty some acres lying south of what I bought lately, and being sold very low, I made up my mind to buy it. Sum. Jtme 15, 18_16: It seems there was a party of Chippewas here at Hennepin the other day on hunt of a party of Sioux Indians who are encamped about Shakopee, but I believe the Sioux arc nearly all gone up to Ridgely. The Chippewas however, murdered a young Sioux girl in a white mans house around three miles from here. 1 Thur. July 3, 1856: Warm today. Took a walk up to Lake Minnetonke.,-And Excelsior. The country all the way from Eden Prairie to the lake is hilly and rough. The shores are wooded, irregular and raising. The water is very clear. Fri._Tu]v�4,_1856a • Another anniversary of the Declaration of Independence has come. Last year I was 1000 miles off in Pennsylvania and now this anniversary of the • 4th away off near the verge of civilization; no celebrating of any kind that I know of is going on here about. Thur. July 10. 1856: It is rather dull here at Hennepin with nothing to do. Sat. July 12, 18561 Rather warm today. Left Minneapolis at two and walked up to Hennepin by a little after seven. Concluded business on Shearer's place. Thur. July 24. 1896: Another year of my life is gone by and finished. Today is the commencement of my 22nd year. Whether hereafter shall pass my life in Minnesota must depend on circumstances. If I can live happily here I shall stay, but if not I shall go back to Penn. I have endeavered in my dealing with others to observe the golden rule. Sat_.Su:asf_!l�ifl�6t Went down to Minneapolis today and finally fixed up all m3' affairs in buying the Gibson's plaice. '5V • iMoon_Aurust 25. 18_56s Came down to Minneapolis today as a witness in the case regarding the preemption of the town site of the town of Hennepin. Sun. Au,nst 31, 1856s This afternoon was up looking at the timber. I think it is very good and it is about a mile north of Shakopee. Tuer._Anril 28. 18471 Arrived in Eden Prairie. • Sun. 11av 3, 1837; Took a•walk down along the creek. The ice has not yet left on the lake (Eden ) and'the creek is very high. Ved. 1 6y 1.85jzs ( Commenced ploughing with the oxen. The land here is the easiest to farm of any I ever saw. Sat. ltad 161_1�7s Quite a fine day but rather too windy to be pleasant. Been busy all day pl.antine parsnips, spinach, lettuce, watermelons, cantalopes. This soil is the nicest to work of any I have ever seen. It is a pleasure to work it. yed=Tune 10, 185?t It has been raining pretty much all day. The grasshoppers are still bad and there is no telling where their devastation will end. The losing to • crops they have already caused is almost inconceivable and will not end 3 . only with the total destruction of everything. Tugs. Oetebey 6, 185?s The engineer on the Railroad between rinneapolis and Shakopee has surveyed the route and staked it out the whole distance. }?fit...Octe cr. 2.,. 1 15Z: The railroad parses through the :south part of the place next to the lake and is not unlikely there will be a depot not far from here. It will be ;same time perhaps before the road is made. 615 'Prr!•: - 77 (7 772-.7.1—•S • i• - - ... csictnt to it -11 77, Very u r but a str...nz, wind frc4;. the south, sore miscr...,b2e scamp tarted n fire down at the bluff and for a timo it was lielj to do mischi.:f. Fri. Father fine rce .ona L.:round out er I w.nt to 1...41d a fence, the Lreu,..d through the line arcund over co .e hills i3 rather cea, vhall h .ve tc build ever a mile of fence. :iomr. rain, el...,udy, cuol, split sore rails. The wh.7..at is coring on but the buckwheat is coming up badly. The birds have all , left. ! Cool teni,:.'ht, rni vain. rcu .t posts out on prairie. -- L.t...t up 40 po.;t t*.nio aftcrncon. ..7orrLs and rails are the chcapest fence it ta.A.:.0 al..3tzt: 150 posts and 40 rails and 40 lbs. of ncdls at 4 per lb. 1?r0: Vcry above r.cres hs co:::e or: thl: at last the U.... ..7)%•.:- at Vir:Ini;.1. If the 'tot wit. ent.ry arA with t.he stint, the war fll be ended. _ _ , . • Fridav, .'ure 'harm, hauling out timber for the mill, this is work given to help on the mill an: since I have pr=iscd it, It must be done, thoumh I should vccy mucb1i to on my cwn place. 1 ::113 ',X1E 1 onc out of a anC, it sforo cc Very fine wcatner harvnoting, cut brut 5 aorcn this aftcrncon, this is on br,.:•;:kin:„. and is tun!-.; out first • rats at least 20 tuu . to the acrc. Sun. :est. 20, A lovely day, c1,2an, went to meetini=. A rinicter cannot expect 1 . to benefit his hoarin by a long sermon, was at least two hours long. 1 Thurs. 4, Rather pleasnt, went over to the institution for feabie minded • children, it seems to me a vast amont of money is ended , to little profit, tough the pupils a:e grcatly iMprc,ved. ( During trip to Mn hometown in :can. ) I Very cold and Was 'cutcherinj tut not very pleasant work :,.occunt of tlo old. 'rho pic, of curs would way about 100 lbs. lne other neighLors if, 1. lute coi lot off to town ,::nut five. ' hoot is lcokini., up. dull in witA from the S. :1au1d up lot so windy did not do muc':,. There was a chootinc: 1..-arty at a neighbors, not very creditaL)L. i'LY) • • I 1 '71: on& lcd.:1 the woc.d..7.... This rZtcrrxcr. ( uent to the uda and 1 i ra.i:.. : • f'.•r r : • ", ::st v rr. at t'te ot.t r.lart&ro Etc. The fielrls inde(:(.1, a load of straw or:. 7..)e7. ::r•.•.•••,...r. "4, Very stdr:::y dLy. tr: tour. Meeti . The tour. it.,. agofid des,: ir. dept. elected supervisor ad road . . , ---•: u.ond pile. Tbc ar.ow is zoir.L; o.tzite fast. The creek is high, the river is atotzt ice roved in ELVf :lacc. 1:771 : uorh or: the stx.. acresa t'ne rczd. *..;e took about 1.F. today. .2c,..nra1 tn sow ..v.Leat today. Cr.e or. :Friday last. !•:r.rnr!a. , 1'7, 2.uite coca . At the rated onion, potatoes, per.s. The grciand is in Good condition. to work.. L.0 ..c o :t or t'-)t:r iUo rrc.. for, 4 15.YZ • rrry 2, 4c.": Paininz a'...00t all day. Cfficial election to vote on the bond adjustmnt 14 als,nihrt one for. A regular swindle. r; 5, -1: -,.1ceihc and plf..r,t4.. also co_... Everyt .inL i3 'LaCkWL..r'. it , Very niot inde”,d. At wrk on tne roads telow tae done a very ;cod sob, .1.60 at w,:r?, or. cihill. 7;, At in Inc Earjer.-. anti et;rn C:,rn is rowing very fast incced. l'otatoes arc- nary lar6e cneuh to eat. J,,; 2 1 -•,71: • Zome rain. to mow but the machine bothred us so we did not get a.,:ch done. The Lras2 is Locd. t Lt work .....neat. This af:,...rnocn w,-.nt to mill and got ready to o to tewn. The 11t:,InE yeJterday .rtruck a neiel`ntcrs tt.rnt it. Ver;,. fine o ft corn. It tur,ts out it.ite well better tnan exi,ctLd, son%c of it c„..iite hearty. Cut atout 1 acre today. coci. 1 fr,)ct thiit r.orninE tut I do not it - nethinz, extra. 3rcely wr.s, to :.avr teen there. T'hu shcw in sc'..,e respect was very 07.od, cattle, come fruit. . . - - • „ uite cod l rain. At .or: on t.c roado at the dam. hauled C2 loads of dlrt. 1 C;c: to.r i .1:11d •„- .e re tc. .21 . 7.5 "0. VerL the of t.nr: o:or al.d at wcrK on ,j-ocu. Mc corn hac turr.cc out ovcr t.3 h..indt•id tun. q tne 4 acres. Cc.t. Cot. 47 !: e7,w:, on the :ake after dock. 'cut did oot ha7e much luck. -.-noni-h Eame was g-ite plent1ful. v. 7, ' '71: Cool, cloudy. '....1c:otion at the 4L. vc-.00 out of 94. 35 r.cpcan to Jan. ? , cacz.r.t. At work in the c....;ttini; and 1...lulinE wocd, t.cre io ouit,-2 a Ecod dew:. 1y z'ae wind laut • - 1:ot vcry Yr.; to rtl of uni..rrvicer5 to atdit acceuntc. Tht2re 15 a lalv,e J.::-.ount of :coney dent to w:..tt thrC ce to to. cc,o. thioc.)rnini. Went up in t.'21e woods and cut hoop A not vcry %,ort'.". en-1 a on rco..1 Lffairu. Cnc of the law, -.; • ueing sic the cane die not co:-.c off. 111/0 . _ . . . • Fot. • 427 : y • cury ".,6 te"..ow. ::oe c,ne o t:-.e r.eiztboro c.....zito 1:ad luck :ast from tewr. one of i.003 wLr.? arct: i . ** The ertJc tivr...r. to 4.1.e at 3 Oock z..,nd at r.j.:r: t .e ve:•diet was a;.rEed on f,v" t*:.c• pic.i.:dir.;•, was for p1 a:71t1f4' not to teat, it ecr .dr.1yv;oul d p:acc in .ad shape to pt.-.y for :•11 accider.tn. Ca-se on tree carr; tia r7ernir.L.•,. Thir . arc now .:et to loot t, of :ausic and 7'e.:.or:)* ore ct.rtalr.ly .0..t,i.de:.•ful. It iL d:fficult ir.riced to see 1.0w su tiliticu cc e in any one per.:-on, I more st3n .e in a ne ,--ro. • • • -'t a 1.11r of ese•„ ', tut this nr,..1:es it 1;1c:: dcul:tfu' . Wed,Auvust 21, 1872t This afternoon unloaded 4000 bricks. These cost 4.75 a thousand at Carver., and 1 dollar freight. Thur__Au`ust 2t. 1872: At work all day on the bricks. Handled about 1900. Fri__Aurust 29. 1879: Finished the bricki at noon, 30,000. Fri._Augu,rt 22, 1879: Very warm. Mercury as high as 95. At work digging out cellar. • Mon. September 22, 1879: Quite a fine day. Started the house. Cot a good start on the cellar wall. Tues„Sentenber 23L_1899: • Very fine day. At work on the wall. Sat._ Sep esber 27, 1879: • Warm. At work on the wall. We have made quite a show on it. Fri. October 10, 1879: Moderate. At work on the wall. About two days more will finish the job. Mon. October 20, 1872: At work on the house. Finished plastering wall. Set._2ebr:,arj._7, 1880: Hauled three loads of stone this forenoon. This afternoon one of bricks. 15 thousand hauled. �. Getting out posts for the house. 1_n11._Puy 1QL_1f?30: The bricklayers got started on the new house. .,ay_�hL 1lii+Ot The new house is looking well . �5"G2• • C TneS. May__18, 1880: Moderate. At work all day getting on rafters. Got nearly through with them. Wed, Yoy 19,.1890: At work on the house. Got up the rafters. I think the building will be very strong when done. Fri. Mav_21_1. 1R80: This; morning at work on the house. Shingling. • Sat. May 22, 1880: Moderate. At work on the house. Got about one half the shingle on. .-- Thur. May 27, 1880: At work all day on the house. The house will certainly look well when done. Fri. May, 28,_1880: • • Fine day. At work on the house, which so far as outside is concerned • is finished. • • • Mon. .Tune 14, 1880: i: . At work on the house putting in braces. Thur. August 19. 1880: At work laying flooring. flat, October 23, 1880: Very fine day. At work on house, got one room entirely finished. Wed. October 27, 1880: Plastering upstairs about done. ypi. rovcmller ^4,, 1880: At work on house laying floor. "nt.._1d9Y0 .her 2_71.1890: Moderate. Moved from the old log into the new house where we had lived since 1857 excepting 2 years. N • • Sun. November 28, 18801 The new house is quite comfortable though unfinished. • Tues. December ?. 1880: The new house stands the cold weather quite well. Fri. Apr11 22,�1881s Got the barn 24 by 18 feet up on rollers and moved 61 feet. Sat.April 23._1881I Moved the barn to where it is to stand. Mon. May, 9. 1881: • Mason built chimneys at frame house. Tues. October 11. 1881: All day working in the cellar laying stone floor. Fion. January 2,_1882: At work all day laying floor on house. Thur. January 12. 1882: At work on house and digging ice house. • I>> u MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Rescources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: July 16, 1981 SUBJECT: Community Center Concession Stand • Attached to this memo is a letter dated July 16 from E. R. Curley of Smily Glotter Associates. This letter refers to a meeting held at City Hall on July 15th regarding changes to concession stand at the Eden Prairie Community Center and cost repsonsibilities for those changes. This is not a change order request but simply a request for the City Council to approve the responsibility for various costs. Upon approval of these costs responsibilities, the change order will follow at the next regularly scheduled meeting. Smiley Glotter Associates submitted the plans for the building including the concession stand to the City Building inspector. It is the responsibility of the architect to provide plans that meet State code. It is also the responsibili' • of the City Building Inspector to review those plans to make sure they comply with State and City codes. The plans were approved by the City Building Inspector with no changes ordered for the concession stand; however, when Mr. Pappas reviewed the plan and program for the concession stand, he questioned the specified surfaces for the floor, the walls and ceiling, as well as the specified two compartment sink. The State has indicated that they would have accepted the VAT floor in the concession and would not have required a floor drain; however, they would have required a scrubable surface on the sink, wall, washable ceiling and three compartment sink and a handsink. Since 1980, the State does not have jurisdiction over reviewing buildings for health code. Those are now reviewed by the Hennepin County Health Department, which will not accept a VAT floor and does require a floordrain. The City has agreed that the architect should pay the difference between the originally specified sealed concrete floor and the VAT that would have been required by the State at the time of the plan review, as well as the cost for the vinyl faced ceiling and the epoxy paint on the wall; furthermore, the City staff agree that the architect is reponsible for the difference in the cost for a three compartment sink from the date at the original bid and the present cost of a three compartment sink, as well as the difference if bid originally, ior a handsink. Total cost to Smiley Glotter Associates is F1,01). The City will be credited the amount of the two compartment sink against a three compartment sink but will have to pay for the difference between the twir compartment sin!: and three compartment sink, as well as the difference beturen VA1 floor and the tile floor that is now required by the County llcalth Department. Cit.v staff requests the City Council to review this letter and approve these cost responsibilities. t • SmheytCln0er Associates A,chlloele S.C.Smllay,rA.1.A. MN I n. Ilu Avamue Engineers J.II.Clatter.A.I.A. Mtnnmyrol,.Minnesota 55403 Elemwn R.Y.4elnnrmem.A.I.A. SI5332.140t Interior Designers 0.N.Nytwrg.A.LA. • t ,1re3 \ July 16, 1981 { Mr. Robert Lambert City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55393 Re: Eden Prairie Community Center Comm. No. 8002 Dear Mr. Lambert: Please refer to the enclosed quotation for the Concession Room revisions and our letter of June 30, 1981. As a result of the meeting at your office on July 15, 1981 regarding the Concession Room, the cost responsibilities were discussed and the following items were agreed to be paid for by Smiley Glotter Associates. 1. Proposal Request A-9-General Construction - 1. Difference in V.A.T. floor and originally scheduled sealed concrete floor - $300.00 2. Vinyl faced ceiling tile in lieu of originally scheduled fissured tile - 75.00 3. Epoxy paint on sink wall - 98.00 $473.O0 2. Proposal Request M-4-Mechanical Work 1. Three compartment sink - difference if bid originally and at present time - $263.00 2. fandsink - difference if bid originally and at present time 70.00 $333.00 3. This amounts to a total credit to Owner by Smiley Glotter Associate of $ 806.00 • • Mr. Lambert Page 2 July 16, 1981 The balance of Proposal Requests A-9, M-4, and E-5 for the Concession Room will be the responsibility of the Owner due to items added or revised by Owner and value of items not included in the original construction documents. These Proposal Requests will bring the Concession Room up to the present standards of the Hennepin County Health Department which now has jurisdiction in lieu of the City through the State which had jurisdiction at time of design and bidding. Please advise when these items have been approved so that the proper Change Orders may be processed. If you have any questions or need additional { information, please call. Sincerely, SMILEY GLOTTER ASSOCIATES / i.It. Curley ERC:ln cc: S. Smiley G. Nyberg M. Matsumoto J. Dolejs Enclosures : s42aL CONTRACTORS •.3A �.. LANE•• 'A.`I NEAP.,LIS, MI'INE7'JTA 55441 \\Il g 10,� J .,, 'Mt e12) ssv.ss4$ CONSTRUCTION CO. • June 23, 1551 Smiley Clotter 1021 LaSalle Ave. RE: EDEN PRAIRIE COMMUNITY CENTER Mpls., MN. 55403 • Dear Pete; In receipt of your,eroposai roust A-9,1regarding revisions to concession room 131, below you will find the breakdown of the costs. 1.) Ceramic tile w/base . ' $1346.00 Credit for vinyl base -50.00 $1296.00 Labor 48.00 25% taxes & insurance 12.00 Sub-total $1356.00 . 15`/. overhead & profit 203.00 �.� oo CA Total $1559.00- )e55 r o G�.t..Owecr �•I S 2.) Vinyl faced 2'x4' ceiling tile 65.00 157. overhead & profit 10.00 ,�SGA Total $ 75_00-GI:—to OwMe.Y b 3 & 4.) Casework revisions credit 200.00 5.) Epoxy paint NE wall at Rm. 131 85.00 157. overhead & profit 13.00 Total $ 98.00-1f,..to Dun 6I SGA The above prices are firm for 30 days from date of this letter. Please i - inform us as quickly as possible regarding the above changes and proposal request A-B changes. We are now ready to work in both these areas and any delay in 1 accepting these changes will result in additional costs. If you have any further questions regarding auuve, please contact me. Sincerely, )32 David Rrellenthin t . DR/rl COMMERCIAL 'jlll; ` C INDUSTRIAL • O NIR '' �.rIILE a 1,I.OTTrn AS(X.,.TI'; Proposal 56A r., ., oA•:.i tt, CONTRACTOR 'Iv,LA.An( a.1 ht•[ to 'I tt FIELD vu .fiEAw)tis '.11,04k 4)1A ,tt•.I Request 0111ER I•krlllf I EDEN PRAIRIE COMMUNITY CENTEP1.ROPOSAL REQUEST NO. A-9 IH.rmr..nhlrt•..I 16700 Valley View Road Eden Prairie, Minnesota 55343 fn+NIR• City of Eden Prairie DATE: May 29, 1981 Irl .1•.nlr.a tort ARCHITECT'S PROTECT NO 8002 ^lagney Construction Company 2724 Fernbrook Lane CONTRACT FOR: General Construction Minneapolis, Minnesota L55441 J CONTRACT DATED: October 1, 1980 Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifica- tions to the Contract Documents described herein. • THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. • • Description: Iw.mM M•u,.puno of the Wool .Revise Concession Room 131 per Drawing R-8 and as follows:. • 1. Add ceramic tile floor and 4" base, same type and color as toilet ! ' room 127. 2. Change Acoustic tile ceiling to 2 X 4 vinyl faced gypsum board tile : panels. 3. Reduce casework lengths on South wall; omit counter, cabinets and filler panel on Northeast wall and omit counters at Northeast and Southeast corners of room. Also omit solid bases on casework and add 6" SST legs. 4. Increase height and width of front counter, delete cabinet doors and add shelves as indicated on drawing. 5. Change paint on Northeast wall to epoxy paint as noted. 4. GesDrr vi,11 base • • • •• Allachtnenls' n�a,m.nrd dor u umr. out ruppmt deunpoom cc: Bob Lambert Drawing R-8 dated May 28, 1981 SA LEY GLOl ltn A':�OCIATES ..�...t.... I.....,� ' j 'E It Curley 1 i 1 PROPOSAL P pwNEa 6 r ARCttli[C7 REQUEST FIELD ONIRACTOR ' AIA DOCUMENT G709 OTHER • PROJECT EDEN PRAIRIE COMMUNITY PROPOSAL REQUEST NO. M.q (name.addrrssl CENTER Eden Prairie, Minn. • OWNER: Eden Prarie Community DATE: TO: (Contractor) ERAINBOW F ECHANICAL, IRC. ARCHITECT'S PROJECT NO: 724+1 county road #116 Hamel, Minnesota 55340 CONTRACT FOR: Mechanical Work L • J CONTRACT DATED: Please submit an itemized quotation for changes in the Contract Sum and/or Time incidenUl to proposed modifica• lions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. • Description: M7orlen delr•,or e'M IAe V.e i ;. 1). Furnish and install one (1) floor drain as shown ADD$ 199.00 on Revision Sheet M-1 - Floor Drains per original specs. . • 2). Furnish and install a 3 compartment sink as shown ADD$2546.00 -/ on Revision Sheet M-1 - Elkay RNSF-8358 LB or CEO., equal Rigidbilt 416 gauge nickle bearing stain- O w. less steel Type 304 - seamless drawn with 1 3/4" by: radius coved corners. Underside undercoated. Faucet: Lk-67-C chrome plated 13" D.J. swing • spout. 1/2" female flange. Waste: LK-24-R tail piece. 1111 O.D. with S.S. strainer. Brass body. Roto handle. 3). Handsink - American Standard 403L1.055 vitreous china lav with back. 2 soap depressions. Concealed hanger and drilled for thur going bolts. Size: 20" x 1811 ADD$ 830.00 -2 Trim 42103.604 Heritage aquaseal. With aerator. Brass lever handles, flow restrictor, pop up drain, p,1 t . I - tail piece and 4" centers. 4) . Delete F-1 double compartment sink in 131. CREDIT$ 241.00 5) . Add waste and vent piping and hot and cold water piping for all items above - include these costs with each item shown above. • continued ( ARCHITE '. Smiley y Gllotter ssociates BY: + r/lr l'hCJI� ♦I•p(1C�I1.,Ih1 (.M • •, /1•/11\) • 4e11; w • i •• (Il�ll•1•. • .1� . 1' ,l • tilt la%t PROPOSAL REQUEST M-4 ( Cont. 6) . Add rough-in for a future Dwyer Type Kitchen Unit in the South corner of meeting room 134 opposite concession room hand :.ink. This will include hot and cold water and waste. Add $ 40.00 1 ( PROPOSAL wER '10 AORCIIIT[CT 0 i REQUEST FOND TRACTOR ❑❑ AIA DOCUMENT C709 OTHER 1 PROJECT: PROPOSAL REQUEST NO: E-5 i (name,address) Eden Prairie Comm. Center Eden Prairie, MN. OWNER: City of Eden Prairie DATE: June 15, 1981 i TO: (Contractor) '' ARCHITECT'S PROJECT NO: 8002 i Weaver Electric Inc. 17610 19th Ave. North Plymouth, MN. 55447 CONTRACT FOR: Electrical work L. J CONTRACT DATED: 10-1-81 Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifica• lions to the Contract Documents described herein. r r THIS IS NOT A CHANCE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN, Description: m'nnw dexnpoon or the World 1. Add 2 - 20 amp, 1 pole circuits to coffee urns. Add $ 110.00 1 2. Add - 1 - 20 amp 1 pole circuit for hot dog Add $ 65.00 machine l ; 3. Add 1 - 30 amp, 2 pole circuit for cotton Add $ 125.00 I ' candy machine. 4. Add 1 - 20 amp 1 pole circuit for micro wave. Add $ 65.00 5. Add 1 - 20 amp, 1 pole circuit for soft drink Add $ 65.00 machine. 6. Credit for 30 amp, 2 pole circuit and wiring Credit $ 62.00 I omitted and duplex receptacles and wiring omitted. , AttSJnaam=ma.-a:Say.r...w-.<w-.wr...7«r..pnenr 7. Add 1 - 30 amp, 2 pole circuit for popcorn Add $ 125.00 machine. 8. Add 1 30 amp, 240 V, 2 pole, 10 circuit for Add $ 135.00 Dwyer type kitchen unit in Room 134. 1 Ar,C-H:it•tC-- Enginue> olejs Associatgo I;Ip. BY: �/ cam:r ' 1: • -, AIA DU(('au 1 (,le . I•..,1, . I'.I , 1•Lln I.. • \., • 1'111 • till iry 1`1.„./ VVV It:0 \ l.MM')DANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Comnhission FROM: Bob Lambert, Director of Community Services - ' DATE: July 1, 1981 SUBJECT: Flying Cloud Field Access Road With the expansion of Flying Cloud Fields from 10 acres to a 30 acre athletic field complex, the City also tripled the amount of parking and moved all parking off the shoulder of County Road 1 to the interior of the park. After the initial use of the interior parking lots and the baseball and softball programs, the. City has experienced a problem with the traffic flow at the end of practicc9 or games,when all vehicles are attempting to leave at the same time. After reviewing the possible improvements to the traffic flow, the City Engineering Department has recommended that we create another access point along County Road 1 opposite Mitchell Road. Also that all traffic be directed in a one way direction so that the only entrance to the park is the existing access,and the only exit would be opposite Mitchell Road. This would prevent the existing stacking problem that is occurring on County Road 1, a SO mile per hour road. To provide this new access road the City would have to move the infield of the Babe Ruth field 40 feet to the south,(the infield has not been completed to date) and construct approximately another 500 feet of roadway at an estimated cost of ( 500. Furthermore, the Metropolitan Airports Commission would have to approve the design and Hennepin County would have to approve another access to County Road 1. This problem will become acute when the Socccr ".nseciati^n movss all of it's play to Flying Cloud Fields; therefore, the•solution to the problem should be solved prior to spring of 1982. Staff recommends approval of the extened roadway to County Road 1. BL:md l 1t IJ__ y . s I j .... ....... ........ „ .... ....... ...._ ...... ....... 1--- % 1 , II , . -. II "ill . . ! a p 1 4-- °° ,. i m i,..., 0 �...) ___i 4.1° I g 4 ! -, j III _....i 1 . . ?.' • D D s , ( 4,t . 4 r 1/21 a [ i 41 I 4 i 1-)D 1 ; - c T `� i. ,:i ie C i. J ilia it Hjil . ( ''...** �— • • July 21, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R 01-139 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT FOR DRAINAGE IMPROVEMENTS NORTH OF MARTIN DRIVE, I.C. 52-007 WHEREAS, a petition has been received and it is proposed to make the following improvements; ,I.C. 52-007, Drainage Improvements North of Martin Drive and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden•Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of Rieke, Carroll Muller Assoc. and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council .. in a preliminary way as to the scope, cost assessment and feasi- bility of the proposed improvements. ADOPTED by the Eden Prairie City Council on • Wolfgang 11. Penzel, Mayor ATTEST: SEAL John U. Irane, Clerk • • • CITY OF EDEN PRAIRIE, bINNESOTA PETITION FOR LOCAL IMPROVEMENT l • 91 To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements(s): • (General Location) Sanitary Sewer Watermain ;. •x Storm Sewer /gJSO /114.4 n arlue • . Street Paving Other • Street Address or Ot)mer Legal Description of Names of Petitioners Property to be Served (Must Be Property Owners) fyyc0 /3�a, ��K D rip c C.S. L. Pro rer ef a M,„Meto3S Gen era( Pa_'-ne.-rl r m.E. /GM e Sr M.E, Lane .Tr, Nnn:$ P. S-I•ei.., Dona d 13, C�GCr C r(• ^ Dr:..t Ej ((��eh ►"r4,r,.. CGr (Jo) • O}Ner )/a -ot.T pej• lerytfcr iS0, 1. 01C rt(n.rir prl�t N (For City Use) ( Date Received MAY 20 12.31 Project No. Council Consideration • MEMO TO: Mayor and City Council FROM:;I Eugene A. Dietz, Director of Public Works THROUGH: Carl Jullie, City Manager DATE: July 16, 1981 RE: Martin Drive Drainage Improvements I.C. 52-007 The July 21 agenda includes an item to receive a petition from the owners of _ the property at 14950 Martin Drive. The specific reason for the petition is to make improvements to the ditch lying between the Eden Prairie Car Wash and the office building at 14950 Martin Drive. You will note that only the owners of the office building have added their names to the petition. Since the feasibility report is the stage of a project to determine whether or not a project should proceed, it is not my intention to pass judgment concerning the project at this time. However, I would like to point out that there are a great number of property owners that will be involved with the project in a true drainage area assessment, which will undoubtedly perceive very little • benefit. The primary problem which is to be addressed in this project is. the ' impact of the ditch on the parking lot of the petitioner. As a water carrier, the ditch may be adequate for existing conditions. As more development occurs in the area, this condition could certainly change and it would be this aspect that would be addressed in the feasibility report. EAD:sg /o }