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HomeMy WebLinkAboutCity Council - 11/03/1981 • EDEN PRAIRIE CITY COUNCIL ( -SDAY, NOVEMBER 3, 1981 7:30 PM, CITY HALL COUNCIL MEMBERS: a^� Mayor Wolfgang Penzel, George Bentley, Dean C\ Edstrom, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl Jullie; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Bob Lambert; City Engineer Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE • ROLL CALL 1. APPROVAL DF AGENDA AND OTHER ITEMS OF BUSINESS • 11. MINUTES A. City Council Meeting held Tuesday, October 6, 1981 Page 2360 B. City Council Meeting held Tuesday, October 20, 1981 Page 2375 ( II. CONSENT CALENDAR A. Clerk's License List Page 2381 B. 2nd Reading of Ordinance No. 81-13, rezoning from R1-13.5 to RM 6.5 Page 2382 and developer's agreement for Edenvale 14th C. Receive feasibility report and set Public Hearing for Westwood Page 2399 Industrial Park and adjacent properties, I.C. 52-015 for 12/1/81 Resolution No. 81-223) D. Shay Oak Industrial Park 2nd Addition. Certification of Page 2400 compliance with develo er's agreement dated July 13, 1979 (Resolution No. 81-224) E. Eden Glen 3rd Addition by Jesco, Inc. Request to preliminary plat Page 2402 3.856 acres for construction of a hotel. Located west of Glen Lane, east of Eden Road, and north of Single Tree Lane (Resolution No. 81-220) F. Resolution No. 81-225, approving division of Reichow homestead from Page 2407 i Bluffs East G. 1st Reading of Ordinance No. 81-25, an ordinance amendinjc Page 2409 Ordinance No. 77-22 prohibiting noisy parties and unlawful trespass H. Proposal from y P Fox, McCue R Murphy_to conduct the 1981 fiscal year Page 2410 ---------- audit for the City of Eden Prairie • City Council Agenda - 2 - Tues.,November 3, 1981 IV. PUBLIC HEARINGS A. STANDARD 0IL•-STATION by Standard Oil Co. Request to rezone 1.2 Page 2411 acres from Planned Study to Highway Commercial for construction of a gas station and attached car wash. Located in the southeast corner of Co. Rd. 4 arid TH 5 (Ordinance No. 81-29) V. PAYMENT OF CLAIMS NOS. 8893 - 9049 Page 2419 VI. REPORTS OF ADVISORY COMMISSIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Presentation of final Crosstown Scoping Report by Hennepin County (Resolution No. 81-222) Page 2423 B. Administrative Land Division for proposed motel site at Page 2424 W. 78th Street and TH 169 VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney C. Report of City Manager • C IX. NEW BUSINESS X. ADJOURNMENT. • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 6, 1981 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath, and George Tangen COUNCIL STAFF: City Manager Carl Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- 4 vices Bob Lambert, City Engineer Eugene A. Dietz.} and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel ROLL CALL: All members were present - Councilman Edstrom was late. I. APPROVAL OF AGENDA AND OTHER ITEMS DF BUSINESS The following items were added to the Agenda: VII. B. 3. Status Report on the City Services Bond Issue and VII. B. 4. Valley View Road Project Change Order. MOTION: Bentley moved, seconded by Tangen, to approve the Agenda as amended and published. Motion carried unanimously. II. MINUTES A. Joint City Council/Development Commission/Planning Commission meeting held Tuesday, September 1, 1981 Page 1, last para., lines 1 and 2: delete "density would be affected, and this would have" and replace it with "there would be." MOTION: Moved by Redpath, seconded by Bentley, to approve the minutes of the Joint Meeting held September 1, 19B1, as amended and published. Motion carried unanimously. B. Special City Council meeting held Saturday, September 12, 1981 Add as para. 4: "Tangen left at 5:15 p.m." "MOTION" para.: change "Tangen" to "Bentley." MOTION: Redpath moved, seconded by Bentley, to approve the minutes of the Special City Council meeting held September 12, 1981, as amended and published. Motion carried unanimously. 1 City Council Minutes -2- October 6, 1981 • C. Regular City Council meeting held Tuesday, September 15, 1981 MOTION: Redpath moved, seconded by Tangen, to approve the minutes of the City Council meeting held Tuesday, September 15, 1981, as published, Motion carried unanimously. D. Special City Council meeting held Thursday, September 24, 1981 MOTION: Tangen moved, seconded by Bentley, to approve the minutes of the Special City Council meeting held Thursday, September 24, 1981, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List • B. Award reforestation bids C. Award bid for Flying Cloud Concession/Storage Building D. 2nd Reading of Ordinance No. 81-24,. an ordinance amending Ordinance No. 79-34 which provides regulations prohibiting the parking of vehicles and which author- izes the designation of the areas where parking is prohibited and the ordering and placing of signs relative thereto E. Receive petition from Mariann Drive residents and authorize feasibility report T`or the installation of sanitary sewer and watermain, I.C. 52-017 (Resolution ( 5781-203) F. Approve plans and specifications for improvements to Autumn Wood Addition and authorize bids to be received on October 20, 1981, at 10:00 AM, I.C. 52-016A TResolution No. 81-204- G. Final plat approval for Smetana's Creekside Addition (Resolution No. 81-205) H. Set Public Hearing to consider request for Municipal Industrial Development Bonds for Kinder-Care Project in the amount of $250,000.00 for November 3, 1981 I. Reschedule Public Hearing from October 20, 1981, to November 3, 1981, to conside-; request from Spencer Dean, St. Project for Municipal Industrial Development Bonds in the amount ofT378,O00.00 J. Request from Prairie Lakes Corporation for a minor amendment to Developer's Agreement to allow 76 units in 1 building instead of 75 units • Concern was expressed by Bentley and Penzel regarding the reforestation bids and the fact that the low bidder raises trees in a different growing zone. MOTION: Bentley moved, seconded by Redpath, to approve items A - J on the Consent Calendar; item B,contingent on the trees being compatible to our zone with a warranty being provided by the nursery. Motion carried unanimously. .2361 City Council Minutes -3- October 6, 1981 • • IV. PUBLIC HEARINGS A. COR PUD AMENDMENT by Karl F. Peterson. Request for a revised PUD Concept approval to utilize 4.21 acres for office use with variances for parking, sideyard setback and a lot with no public road frontage. Located in the southwest corner of Co. Rd. 4 and TH 5 behind Superamerica (Resolution No. 81-176) Continued from 9-1-81. MOTION: Tangen moved, seconded by Bentley, to continue this item to the October 20, 1981, Council Meeting at the request of the proponent. Motion carried unanimously. B. OVERLOOK PLACE by Hustad Development Corporation. Request to rezone approx- imately 10 acres from R1-13.5 to RM 6.5 and preliminary plat 30 duplex lots and 9 single family lots. Located north of Pioneer Trail and East of York- shire Point (Ordinance No. 81-17 and Resolution No. 81-175) Continued from 9-15-81. MOTION: Moved by Tangen, seconded by Bentley, to table this item to 8:30 p.m. because no one was present to represent the proponent. Motion carried unanimously. C. Public Hearing for 1981 Assessment Projects - items continued from 9-22-81: I.C. 51-325, I.C. 51-343, I.C. 51-359, I.C. 51-395, and supplemental trunk sewer and water assessments for Haynes property, (Resolution No. 81-206) 1. I.C. 51-325 (Valley View Road Extension): City Attorney Pauly reviewed the Pavelka agreement. • Councilman Edstrom arrived at 7:47 p.m. MOTION: Bentley moved, seconded by Redpath, to enter into agreement with the Pavelkas regarding special assessments, contingent on acceptance. Motion carried unanimously. MOTION: Tangen moved, seconded by Bentley, to initiate eminent domain pro- ceedings amounting to $22,400.00. Roll call vote: Bentley, Edstrom, Redpath, i Tangen, and Penzel voted "aye." Motion carried unanimously. 2. I.C. 51-343 (Chatham Woods) City Manager Jullie explained the City is willing to extend the payment period on this project to 10 years at a 12% interest rate due to the high cost of the project. City Engineer Dietz answered questions posed in a letter of September 30, 1981, addressed to the Mayor and City Council and signed by Residents of Chatham Wood. 236� • City Council Minutes -4- October 6, 1981 Dietz said the soil conditions were extremely poor which accounted for cost overruns because additional rock was needed to stabilize the roadway. Nodland C and Associates was the General Contractor with Schoell Madson acting as the Consultant. The City Engineer was the Project Manager for the City. Costs were documented monthly via a pay estimate form. Normal contract language allows for a 20% plus or minus cost overrun without having to renegotiate. Because of anticipated additional costs the project was not put on the assess- ment rolls last year. Dick Sampson, 16752 Whittington Walk, asked if the cost overrun of 20% was a total overrun or a per item overrun. Dietz explained the entire project was overrun by 20%. City Attorney Pauly said a contract can increase by 20% without being rebid -- this is according to State law. Sampson also wondered about the total per lot cost. Penzel explained this was due to specific pro- ject costs. Pat Strigel, 16767 Whittington Walk, asked about procedures involving a 100% petition and soil conditions. Penzel explained the same soil tests are made. Strigel asked what the previous all-time high per lot cost had been. Penzel thought about $9,000. Donna Heelan, 16795 Whittington Walk, wondered why the price had jumped from $14,700 to over $17,000 in a two week period. Jullie explained the $14,700 figure quoted was taken from the pending assessment rolls. The administrative procedures had not been completed to update the information at that time -- the preliminary figures are kept on the rolls until the final assessments fig- ures are known. Heelan asked if the cost of the railroad tie wall along 168th • Avenue was being assessed to Chatham Wood. Jullie said the City was paying for the labor, Chatham Wood residents are assessed for the materials. Jim Thomas, 16763 Whittington Walk, noted he was one of the first buyers in Chatham Wood; as such he has watched the improvements be made. Water problems were visable before construction of the streets began. Scott Harry of Schoell Madson said two feet of aggregate base was needed to stabilize the roadway. About two feet of fill was necessary throughout the area. John Muehlberg, 16776 Whittington Walk, inquired as to what the soil borings showed -- did they not show ahead of the time contracts were let that the soils were bad. Jullie explained they had been taken. The soils were dis- turbed by utility construction which also added to the problem. Jullie noted similar problems have occurred in the Sunnybrook Road project which is now underway. Thomas asked if decisions are made on the basis of engineer's data and therefore! these decisions are not the responsibility of the City or the developer. Penzel said that was correct. 2363 • City Council Minutes -5- October 6, 1981 i • Heelan asked if there was ever a point where the cost was so prohibitive the 1 project was shelved? Penzel said it could happen, but so far the City had ; not run into that. Muehlberg asked why there is not a feasibility study done on each project -- even those where there is a 100% petition. Penzel said a feasibility study is an unwarranted cost where there is a 100% petition. Usually the property owner will ask not to have a feasibility study made because he/she would have to pay for that which would add a few thousand dollars to the cost. A developer using the 100% petition runs a risk, but it is the developer's choice. Lynette Leising, 16756 Whittington Walk, asked if the payment period could be extended to 17 years since many of the property owners have assumptions. Jullie said that was not an unreasonable request; circumstances warrant that on indi- vidually owned lots. Tom Selseth, one of the Chatham Wood developers, asked what the normal procedure is for appealing the assessment. City Attorney Pauly explained a written objection should be submitted this evening; a period of 30 days to file an appeal with the Court. The hearing on this item was tabled to 9:30 p.m. to allow reisdents times to file a written notice of appeal. MOTION: Bentley moved, seconded by Edstrom, to accept the assessments for I.C. 51-343 taking into consideration Staff recommendations with the conclusion that those who have purchased and occupied residences and who have assumed assessments ( as their private obligation will be put on a 17 year schedule at 12% interest. Motion carried unanimously. 3. I.C. 359 (Norseman Industrial Park 4th Addition) City Manager Jullie said the assessment had been modified to increase the length of assessment from 12 years to 17 years. The "Condor" property will be assessed at 50% instead of 20%. Herleiv Helle, 6138 Arctic Way, spoke to the method of levying assessments. MOTION: Bentley moved, seconded by Tangen, to accept the assessments for I.C. 359. Motion carried unanimously. y 4. I.C. 51-395 (Kirk Meadows) MOTION: Redpath moved, seconded by Edstrom, to accept the assessments for I.C. 51-395. Motion carried unanimously. 5. Supplementals MOTION: Edstrom moved, seconded by Tangen, to accept the assessments for the a Supplementals. Motion carried unanimously. • ( . i1 City Council Minutes -6- October 6. 1981 MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing ( and to adopt Resolution No. 81-206 as amended by previous action. Motion carried unanimously. B. OVERLOOK PLACE - (cor.tinued - see page 3) Dick Putnam, representing the developer, spoke to the latest proposal which calls for 28 double units and 9 single family lots. Redpath asked if the developer would commit to single family lots only on Creek Knoll Road. Putnam said Wally Hustad had agreed to that via a letter to the Council at the last meeting. This provision would be incorporated into the Devel- oper's Agreement. John Kelley, 9576 Yorkshire Lane, would like to see the totlot completed before building permits are issued. He noted a previous Staff Report had recommended the totlot/park be built before building permits were issued. Director of Commu- nity Services Lambert said he could not recall if the recommendation was to have the totlot completed prior to issuance of building permits or occupancy permits. Putnam said the way to protect everybody best would be to include the totlot in the bonding for the project. He said tying it to a certain construction phase might be difficult because of other equipment necessary for a later phase of con- struction causing damage. Sue Schultz, 9395 Creekwood Drive, wanted a clarification on the meaning of the developer's agreement relative to construction of single family homes on Creek Knoll Road. Pauly said the way to do it would be to place a restrictive covenant on those lots. Putnam thought it could be done via the standard Developer's Agreement. Roland Peterson, 9507 Creekwood Drive, asked if there could be some restrictions as to the colors of the houses on Creek Knoll Road. Penzel said it is difficult to legislate aesthetics. Pauly noted the City has not done this and it is a very difficult thing to enforce. Bentley said in areas such as The Preserve homeowners' associations assume the responsibility for setting the regulations and for enforcir, them. Carol Gallagher, 9448 Creekwood Drive, said the character of what has been pro- posed tonight is the same as previously proposed. She cannot see where much has changed. She would like the Council to somehow make the single family lots legally binding. MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance 81-17. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to direct Staff to draft a Developer's Agreement including recommendations contained in the Staff Reports, recommendations by various Commissions, bonding for public improvements including totlots, restric- tions in regard to the single family lots on Creek Knoll Road, and request Staff to look into the question of access control to and from the totlots prior to the 2nd Reading of the Ordinance. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 81-175, approving the preliminary plat for Overlook Place. Motion carried unanimously. City Council Minutes -7- October 6, 1981 • D. PRESERVE CONDOMINIUMS by Prairie Lakes Corporation. Request for PUD Development stage approval, plat approval, and rezoning of 8 acres from Rural to RM 2.5 for construction of 2 buildings for a total of 124 condominiums. Located south of Anderson Lakes Parkway and west of Preserve Community Center. (Ordinance No. 81-21 and Resolution No. 81-2D1) Larry Peterson, representing The Preserve; Mr. Boe, the architect for the project; and Mr. Klugness, representing the owners, Prairie Lakes Corporation, were present. Peterson spoke to the proposal. Planning Director Enger stated this item had been reviewed by the Planning Commission at its August 24, 1981 and September 14, 1981, meetings. The Planning Commission recommended approval of the rezoning and preliminary plat for the project by a 6-0 vote subject to the recommendations contained in the Staff Report dated August 13, 1981. Director of Community Services Lambert noted the Parks, Recreation and Natural Resources Commission had reviewed the proposal at its September 21, 1981, meeting and forwarded it to the Council without any recommendation because they did not feel there were any park and recreation issues involved. Lambert explained this action was taken prior to a discussion he had with Enger relative to the trail around Neill Lake and the commitment The Preserve had made regarding the trail. Bentley had questions about the location of the entrance road and what will happen to the hill to the west of the site. Enger said the grade will be cut back to alleviate site line problems. The wooded knoll will remain; the western building will be moved a bit so the knoll will not be disturbed. Penzel called attention to the letter from Douglas A. McLeod, a resident of The Preserve, in which he voices his opposition to the proposed development. That letter is attached to the minutes. MOTION: Redpath raved, seconded by Edstrom, to close the Public Hearing and to give 1st Reading to Ordinance No. 81-21. Motion carried unanimously. MOTION: Edstrom moved, seconded by Tangen, to direct Staff to draft a Developer's Agreement including Staff recommendations and the recommendations of the various Commissions. Also to be included is a provision for the com- pletion of the trail around Neill Lake and appropriate bonding provisions. Motion carried unanimously. MOTIDN: Redpath moved, seconded by Edstrom, to adopt Resolution No. 81-201, approving the preliminary plat of Preserve Condominiums. Motion carried unanimously. \. ,236 City Council Minutes -8- October 6, 1981 5 E. MID-AMERICAN HOMES INC. OFFICE by Mid-American Homes Inc. Request to pre- H t liminary plat and rezone the 4.9 acres from Rural to Office for construction i� of office uses. Located north of TH 5 and west of Purgatory Creek. (Ordinance No. 81-22 and Resolution No. 81-202) John Kosmos, K.K. Design representing Mid-American Homes, spoke to the pro- posal, Also present was Greg Gustafson, attorney for the developer. Planning Director Enger stated the Planning Commission had consider this item at its meetings on September 18, 1981 and on September 28, 1981. It had voted to recommend (4-0-1) its adoption subject to the recommendations contained in the September 25, 1981, Staff Report. Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission had reviewed the proposal at its October 5, 1981, meeting and had unanimously recommended its approval. Edstrom asked about the impact this development would have on plans for TH 169/212. Enger said one of the alternatives might come in conflict with the buildings north of TH 5. 8entley expressed concern about how the project relates to the traffic flow in the area. His main concern was with the private road which separates Mr. Steak, Chester's, and McDonald's. Enger said without radical changes we are stuck with that road system. Gustafson spoke to the right-in, right-out issue regarding the Mid-American Homes site. City Manager Jullie said the City is aware of the problems in the area and the City might have to order public improvements to alleviate the problems. Penzel noted the right turn lane is being used for through traffic and as a roadway; he suggested the Highway Department be asked to place appropriate signs along TH 5. Tangen asked if the City will have the proper easements for putting a trail through the property. Gustafson said they are willing to give the land to the City -- an outlot. Lambert noted they wish to give this to the City as a gift; according to statutes if there are any restrictions on the property, it can no longer be designated as a gift. Gustafson said they will be turn- ing the property over to the City in a manner in which his client will be receiving a charitable donation benefit. Tangen inquired why a variance had been allowed in the number of parking spaces required in the proposal. Enger said the Ordinance may be a little behind the times in that it does not reflect the smaller size of cars in use now. Tangen is concerned that spaces are not available for larger cars. Enger said the request for a variance would have to go before the 8oard of Appeals and Adjustments before it would be granted. MOTION: 8entley moved, seconded by Redpath. to close the Public Hearing and to give 1st Reading to Ordinance No. 81-22. Motion carried unanimously. at.? City Council Minutes -9- October 6, 1981 • MOTION: Bentley moved, seconded by Penzel, to request Staff to draft a Developer's Agreement incorporating the recommendations in the Staff Report and those of the various Commissions. Motion carried unanimously. MOTION: Moved by Bentley, seconded by Redpath, to adopt Resolution No. 81-202, approving the preliminary plat of Mid-American Homes. Inc. Office. Motion carried unanimously. The concensus of the Council was to direct Staff to look into the problems of the road intersections in the Highway 5/Mitchell Road area and to come back to the Council with recommendations for improving the traffic situation in that area. Also to contact the Highway Department about the problem with right turns in the same area. V. PAYMENT OF CLAIMS NOS. 8466 - 8702 MOTION: Redpath moved, seconded by Tangen, to approve Payment of Claims Nos, 8466 - 8702. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye." Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Bentley- reminded everyone the Friends of the Library Book Sale will be held on Saturday, October 17, 1981, at the Prairie Village Mall. B. Report of City Manager 1. 1982 City Budget (Resolution No, 81-207) - continued from 9/24/81 City Manager Jullie addressed the questions members of the Council had regarding various specific items on the Budget, Jullie noted the cost of two mosaics (aerial photos) would be $2400, Tangen said it would be wise to defer this item from the Budget due to the general state of the economy, Blueprints of the same would be $20. It was the consensus of the Council to purchase blueprints, The consensus regarding the diseased tree program was to continue marking diseased trees, the City will continue to pick up the cut-up trees, trees will be made available to residents who lose trees at what it costs the City to purchase such trees. (Alternative 4) The Council agreed to budget ', the cost of a medium rescue unit in the 1982 Budget (the other 1 will be requested in the 1983 Budget.) MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 81-207, a resolution certifying 1981 tax levy, collectable in 1982, as amended. Motion carried unanimously. .23b8 City Council Minutes -10- October 6, 1981 • Bentley requested a future Agenda item regarding animal control -- specifically animal droppings. 2. Public Safety Department Canine Program 5 MOTION: Edstrom moved, seconded by Bentley, to expand the canine program to two dogs. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye." Motion carried unanimously. 3. Status Report on the City Services Bond Issue City Manager Jullie explained a dollar amount must be designated so the proper wording which will appear on the ballot can be deter- mined. Jullie recommends $2.9 million for the Public Safety Building and Park and Public Works Maintenance facility. After discussion on whether or not to include the liquor proposal on the November 17, 1981, ballot, the consensus was to restrict the ballot to a single issue, Jullie recommended O'Connor & Hannan firm as the City's bond counsel. The Dorsey firm will be used for special circumstances. Edstrom inquired whether or not there had been discussion of fees. Jullie said their pro- fessional fee schedule is consistent with other firms. 4. Valley View Road Project Change Order { City Manager Jullie explained construction delays have resulted in higher labor costs which mean additional costs to the City of about 4% or $42,000. Jullie recommends the additional costs be paid. MOTION: Edstrom moved, seconded by Tangen, to accept the Staff recom- mendation of 4% on cost overruns on the Valley View Road project with the hope that these costs can be negotiated downward. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye." Motion carried unanimously. VIII. NEW BUSINESS Penzel called attention to the October 6, 1981, memorandum from City Attorney Pauly regarding the publication of Ordinances. Action by the Legislature now permits Cities to publish summaries of Ordinances prior to their enactment. The Council must approve the text of the summary and determine that it clearly informs the public of the intent and effect of the Ordinance. IX. ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 10:56 p.m. Motion carried unanimously. RESOLUTION NO. R 81 -206 i EXHIBIT A 1. I.C. 5_ 1__325 (Valley View Road Extension) Project Cost $2,147,191 Sanitary sewer, water main, City share and storm sewer, street trunk costs $1,162,062.99 improvements, railroad Net assessment $985,128.01 x-ing, pedestrian bridge, (Cost from feas- sidewalks and trails on ibility report $4,476,000)* Valley View Road from County ,Road No. 4 to Tartan Curve. Trunks 21467.00/Acre i Lateral Sewer • f.i $T2.67/Front foot (1) h $19.48/Front foot (2) ,' Lateral Water r { 5.04/Front foot (1) $19.48/Front foot (2) ,` Streets P7.95/Lin. foot (3) $25.00/Lin. foot (4) { ( $30.00/Lin. foot (5) i! 1 All benefitting parcels except Hidden Ponds & Maple Leaf Acres. Ia (2) Benefitting parcels in Hidden Ponds & Maple Leaf Acres. 11 (3) Maple Leaf Acres only. (4 All benefitting parcels except Maple Leaf Acres & School District 272. l : • (5) School District 272 only. • *Project scope reduced. 17 years at 12% 2. I.C. 51 343 (Chatham Woods) Utilities, watermain, Project cost $1,173,939 sanitary storm sewer City share fortrunk costs $113,541 and street improvements Net assessments $1.060,398 in Chatham Woods and W. (No feasibility ic 62nd St. report) • $17,673.30/per lot 60 lots 10 years at 12% r j a3?a a81 , . Exhibit A (Cont'd) • r 3. I.L. 51-359 (Norseman Industrial Park 4th Addition) Watermain, Street and drainage Project cost $340,907.98 improvements in Norseman Net assessment $340,907.98 1 Industrial Park 4th Addition. (Cost from feas- # ibility report $358,323) $4627.94/Acre for storm sewer Previous storm sewer credited j t� to each lot. f $70.44/Lineal footage Watermain and street • 17 years at 12% 4. • I.C. 51-395 (Kirk Meadows) Sanitary sewer, storm sewer, Project cost $186,123 watermain and street City trunk fund $40,002.45 improvements on Luther Way Net assessment $146,120.55 and Meadow Lane. (Cost from feas- ibility report $202,299) Lots 1 8 2, Block 1 Lateral sewer/ ( water $3692.55 Streets 3606.39 Trunk sewer/water 520.00 (Credit $1000 + $1193*) 2193.00(-) Total assessment $b,625.94 *Credit for previous water service. • Lots 3-9, Block 1 Lateral sewer/ 1 and water $3692.55 Lots 1-10, Block 2 Streets 3606.39 • and Trunk sewer/water 520.00 .. 16545 Luther Way (Former church (Credit $1000) 1000.00(-) 0 parsonage) Total assessment $6,818.94 . Immanuel Lutheran Church Lateral sewer/ • water $3692.55 Streets (5$ units)19835.20 Trunk sewer/water 520.00 ( (Credit $1000) 1000.00(-) Total assessment $23,0 5 17 years at 12% • R 81 Exhibit A (Cont'd) # 5. Supplementals Trunk Sewer and Water 17 years at 12% 2-116-22-23-0006 $2402.40* 2-116-22-23-0007 $2867.21 2-116-22-23-0008 $2309.09 2-116-22-23-0009 $2164.95 2-116-22-23-0010 $2796.97 2-116-22-23-0011 $2681.82 3-116-22-14-0005 $5597.06* *Deferred until connection, development or rezoning. 1 f i - ��a • ! „. , L67g..9 • i C',��rf/nr, /4/ay.,o .-.G. e ,S/-."'y,3 ,l '-dam/ 41r a/ .,, i - 9 I 1 . //fix � � /!� i . . . ... 1 i ,,,,,1 , , .e., , 1. . ... ., i: .. 1, , , I, ri,,-:4:_z7----" ..,...• , , . iIli! . . / , , • I • .. ,d.,e_.7. ,..„,23:7,,,..„:7_,..„,., / ,Li' l , . , ,,, : ,, ,, ,.• ,:. , • -1-r-- ,P. 171-''2'-' . ). ' -•• i i +_...t&---,. *-4.4122, . , . C. I.. , l : 0 . 231 Honeywell August 20, 1901 Eden Prairie Planning Commission Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Rezoning Request Prairie Lakes Corporation Lot 2, Block 1 and outlot A. Preserve Center Dear Commissioners: As a four-year resident of Eden Prairie, at the Preserve, I appeal to you to stop the continuing erosion of the original concept of the Preserve, of the amenities and life quality which we were promised at the purchase, and of the natural beauty of the Preserve area. The residents of the Preserve actively fought the present construction of Preserve condominiums due to their mass, the number of people that would be added to the Preserve, the additional pressure on existing amenities, and the additional traffic burden. Part of the final compromise was a reduction in the number of condominiums that would be built. However, just short months later, here we go again, and the request is for a parcel that makes even less sense for high density multiple residential use. The particular parcel is one of the most picturesque in the Preserve. Most of the public views of Niel Lake have been shut off from Preserve residents because of other construction disasters, and the Preserve Center and the subject lots are the remaining "quiet and beauty" areas available to all residents. To pave this area with 124 living units, and add the environmental pressure of that many families adjacent to the ecology of Neil Lake would be a terrible shame. The quality of life in the Preserve, that originally held so much promise for the area, is rapidly being detroyed by the greed of the developers and the ready accession by the Planning Commission to these requests. I hope you'll represent the pride in the Preserve that the long-term residents have (had?) and reject this most inappropriate use of our land. Cordially, a Douglas A. McLeod 10030 Forestview Circle Eden Prairie, MN 55344 DAM:lat g� HONEYWILL INC.,HONEYWELL PLAZA,MINNEAPOLIS,MINNESOTA 55408,TELEPHONE 812/870.5200 • UNAPPROVED MINUTES 4r EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 20, 1981 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath, and George Tangen COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Services Bob Lambert, City Engineer t Eugene A. Dietz, and Recording Secretary Karen - Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE j ROLL CALL: Councilman Dean Edstrom was absent I. PROCLAMATION PROCLAIMING SATURDAY, OCTOBER 24, 19B1, AS UNITED NATIONS DAY (Resolution No. 81-221) Mayor Penzel read the proclamation proclaiming Saturday, October 24, 1981, as United Nations Day. • l II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were moved from the Regular Agenda to the Consent Calendar: VIII. D. 1. Accept bids for Summer Hockey School becomes IV. M.; VIII. D. 2. Request to institute trail easement with Hennepin Vo-Tech becomes IV. N.; VIII. D. 4. 1st Reading of Ordinance No. 81-23, regulating bikeways becomes IV. 0.; and VIII. E. 2. Approve agreement with Mn/DOT specifying cost sharing for watermain improvements to TH 169 at Hennepin Vo-Tech intersection, I.C. 51-311A; Agreement No. 60579 (Resolution No. 81-21D) becomes IV. P. The following items were added to the Agenda: IV. Q Resolution No. 81-214 con- cerning the November 17, 1981, bond referendum; VIII. C. 2. Discussion on metal uildings; VIII. C. 3. Set October 31, 1981, as date of Special Council Meeting. MOTION: Redpath moved, seconded by Tangen, to approve the Agenda as amended and published. Motion carried unanimously. • 237S I. City Council Minutes -2- October 20, 1981 III. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 22, 19815 MOTION: Redpath moved, seconded by Bentley, to approve the minutes of the meeting of the City Council held Tuesday, September 22, 1981, as published. Motion carried unanimously. `•a IV. CONSENT CALENDAR A. Clerk's License List B. Resolution No. 81-208, approving election judges for November 17, 1981, Bond y Referendum C. Approve Change Order No. 4 for Valley View Road, Phase II, 1.C. 51-325 D. Resolution regarding conformance with Developer's Agreement for Lot 1, Block 1, Crosstown Industrial Park 2nd Addition (Resolution No. 81-211) E. Approve Change Order No. 2 for Water Treatment Plant Addition, 1.C. 51-354, Phase 4 F. Resolution No. 81-213, authorizing and directin the acquisition of certain lands by eminent domain Wineberq property G. Revised agreement between the City of Eden Prairie and Pavelka's regarding Special Assessments (Resolution No. 81-212) H. Approve Change Order for Staring Lake Park and Red Rock Park grading' 1. Approve Change Order No. 1 for Eden Road Project, I.C. 52-005 J. Approve Change Order No. 4 for Dell Road Project, I.C. 51-326 K. 2nd Reading of Ordinance No. 81-15, rezoning 13 acres from Rural to RM 6.5 or 38 single family lots and Developer's Agreement for Autumn Woods by Dennis Iruempi L. 2nd Reading of Ordinance No. 81-16, rezoning 20 acres from Rural to RM 6.5 and Developer's Agreement for Sundquist Addition by Nils Sundquist M. Accept bids for Summer Hockey School N. Request to institute trail easement with Hennepin Vo-Tech 0. 1st Reading of Ordinance No. 81-23, regulating bikeways P. Approve agreement with Mn/DOT specifying cost sharing for watermain improvements to TH 169 at Hennepin Vo-Tech intersection, I.C. 51-311A; Agreement No. 60579 ZResolution No. 81-210) Q. Resolution No. 81-214, determining necessity of issuing general obligation public ( building bonds and providing for an election thereon 1 23'7G 1 City Council Minutes -3- October 20, 1981 • City Attorney Pauly said he had recommendations regarding items K. and L. In the case of Ordinance No. 81-15 he noted it is different from the normal Developer's Agreement because the request is for rezoning from Rural to two different residential districts. Pauly would like to rewrite the Developer's Agreement slightly to reflect what is being requested. In both Drdinance No. 81-15 and Drdinance No. 81-16 changes must be made in the Ordinance regarding the setback requirements for duplexes so they can straddle the lot line. Pauly felt these were technical problems. MOTION: Tangen moved, seconded by Bentley, to adopt items A through Q on the Consent Calendar; with action on items K. and L. subject to revisions in Ordi- nances and Developer's Agreements as referred to by City Attorney Pauly. Motion carried unanimously. V. PUBLIC HEARING 3' A. COR PUD AMENDMENT by Karl F. Peterson. Request for a revised PUD Concept approval to utilize 4.21 acres for office use with variances for parking, sideyard setback and a lot with no public road frontage. Located in the southwest corner of Co. Rd. 4 and TH 5 behind Superamerica (Resolution No. 81-176) Continued from 10/6/81 A letter from Karl F. Peterson was introduced in which he requested a cancellation of his request. MOTION: Redpath moved, seconded by Bentley, to deny the request without { prejudice. Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing. Motion carried unanimously. VI. PAYMENT DF CLAIMS NOS. 8703 - 8892 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 8703 - 8892. Roll call vote: Bentley, Redpath, Tangen, and Penzel voted "aye." Motion carried unanimously. VII. REPORTS OF ADVISORY COMMISSIDNS There were none. VIII. REPORTS DF OFFICERS, BOARDS & COMMISSIDNS A. Reports of Council Members Penzel - 1) Called attention to the letter from the Larkin, Hoffman, Daly & Lindgren, Ltd. firm on behalf of Browning-Ferris Industries regarding a concept proposal for the Flying Cloud landfill site. 2) Posed the question of how to address the problem of outside storage. 3) Noted the letters sent to residents in the area near City Hall by R.A. Putnam and Associates, Inc. inviting them to a meeting regarding Red Rock Ranch. .23"7' Ali City Council Minutes -4- October 20, 1981 • Bentlel - Asked about the status of appointees from the community at large to the Task Force on Housing. City Manager Jullie noted an announcement inviting residents to apply to serve on the Task Force will be included in the Happenings issue to be published early in November. It is expected this Task Force will begin meeting in January, B. Report of City Attorney City Attorney Pauly brought the Council up-to-date on the Tax Increment Financing Plan and what is happening at the County level, Last week the Public Service Committee met to review the rollback provision of the Plan. The vote was 3-1-2 - one commissioner was absent - to adopt the Resolution; however, according to Committee Rules, there must be four votes to approve. This morning the issue came before the regular Board meeting. A motion was made to continue the issue to a future time; this motion was withdrawn. The matter was put to a vote; a vote of 2-1-3 - once again one commissioner was out of town - so the vote was inconclusive. Pauly noted he will be having an informal meeting with a Supreme Court Judge tomorrow morning regarding the appeal. 1 C. Report of City Manager • 1. Set date for discussion on Codification City Manager Jullie distributed the rough drafts of Chapters 1 through 11. Chapter 12 is the section on subdivision requirements and is being reviewed ( ' by the attorney prior to distribution, Penzel said the 2nd Tuesday of the month for the next two to three months might be a logical time to review the various chapters, 2. Discussion on metal building City Manager Jullie noted that metal buildings are allowed by Ordinance only by variance. Consequently these matters appear before the Board of Appeals and Adjustments; this Board is now requesting direction from the Council since changes in technology have meant changes in what one normally thinks of as a metal building. City Attorney Pauly stated what the present Ordinance says, noting its ambiguity relative to metal buildings. Redpath noted pole barns are allowed in Rural-zoned areas. He also related what had transpired at the Board of Appeals and Adjustments meeting recently. Bentley said the policy should be flexible enough to take into consideration changes in technology. MOTION: Bentley moved, seconded by Redpath, to direct City Attorney Pauly to make the necessary changes in the Ordinance to allow metal buildings under certain conditions. Motion carried unanimously, City Council Minutes -5- October 20, 1981 • • 3. Set October 31, 1981, as date for Special Council Meeting ( On Saturday, October 31, 1981, at 10:00 a.m. there will be a Special Meet- ing of the City Council at which time Minnesota Industrial Revenue Bonds will be acted upon. The concensus of the Council was that this meeting will also be used to determine how to proceed with reviewing the chapters in the codification process. D. Report of Director of Community Services 1. Accept bids for Summer Hockey School Moved to Consent Calendar as IV. M. 2. Request to institute trail easement with Hennepin Vo-Tech Moved to Consent Calendar as IV. N. 3. Approve hiring architect for shelter at Staring Lake Park and Neighborhood Parks Director of Community Services Lambert spoke to his memo of October 14, 1981, which addressed this matter. He stated the Parks, Recreation and Natural Resources Commission voted unanimously to recommend to the Council the hiring of Schwartz/Weber Architects. MOTION: Bentley moved, seconded by Tangen, to hire Schwartz/Weber Archi: ( techts to design the Staring Lake Park Shelter and to provide a design for a neighborhood park shelter with four variations. Motion carried unanimously. 4. 1st Reading of Ordinance No. 81-23, regulating bikeways . . Moved to Consent Calendar as IV. 0. E. Report of City Engineer 1. Award bid for improvements for Autumn Wood, Phase I, I.C. 52-016A (Resolu- tion No. 81-209) City Engineer Dietz explained bids were opened this morning. Because they were higher than anticipated, the developer requested permission to withdraw his 100% petition at this time. �. MOTION: Redpath moved, seconded by Bentley, to reject all bids for im- provements for Autumn Wood, Phase I., I.C. 52-016A. Motion carried unani- mously. 23-1 9 City Council Minutes -6- October 20, 1981 2. Approve agreement with Mn/DOT specifying cost sharing for watermain in- ( to TH 169 at Hennepin.Vo-Tech intersection, I.C. 51-311A; Agreement No. 60579 (Resolution No. 81-210) Moved to Consent Calendar as IV. P. IX. NEW BUSINESS There was none. X. ADJOURNMENT. MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 8:34 p.m. Motion carried unanimously. • C 23`60 1 i . CITY OF EDEN PRAIRIE i CLERK'S LICENSE APPLICATION LIST November 3, 1981 CONTRACTOR (MULTI-FAMILY & COMM.) . Balco Building Systems, Inc. D. J. Kranz Co., Inc. CONTRACTOR ( 1 & 2 FAMILY) • i KNC Homes PLUMBING Hayes Contractors i . HEATING & VENTILATING Hayes Contractors VENDING MACHINES Coco Cola Bottling Co. SOLICITORS LICENSE James Sutter - Shade Trees These licenses have been approved by the department heads responsibl for the licensed activity. ; O Pat Solie, Licensing Clerk ( 23V Edenvale 14 Add. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • ORDINANCE NO. 81-13 (. AN DRDINANCE RELATING TO ZONING•AND AMENDING ORDINANCE NO. 135 THE CITY CDUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The property, as set forth in Exhibit A attached hereto and made a part hereof, 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 , 19B1 entered into between EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, A NEW YORK CORPORATIDN, and EQUITABLE LIFE MORTGAGE AND REALTY INVESTORS, a Massachusetts voluntary association, and ( the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all ordinances, rules and regulations of the City of Eden Prairie relating to the District in which it shall be included hereafter. 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 1B day of August, 1961, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ` day of , 19B1. .. f Wolfgang H. Fenzel, Mayor ATTEST: John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on the day of , 1981. a3Bz PARCEL RM 6.5 PROPERTY Outlot B, Edenvale 11th Addition according to the recorded plat thereof. And that part of Outlot F, Edenvale 3rd Addition, according to the recorded plat thereof lying northerly of the following described line: Beginning at a point on the westerly line of said Outlot F distant 269.00 feet South 4 degrees 20 minutes 16 seconds West from the northwest corner of said Outlot F; thence South 38 degrees 23 minutes 49 seconds East a distance of 41.83 feet; thence North 64 degrees 35 minutes 02 seconds East a distance of 234.57 feet; thence South 25 degrees 24 minutes 58 seconds East a distance of 69.34 feet; thence southeasterly and southerly a distance of 134.83 feet along a tangential curve to the left having .a radius of 224.35 feet and a central angle of 34 degrees 26 minutes 05 seconds; thence North 78 degrees 56 minutes 49 seconds East a distance of 223.08 feet; thence North 86 degrees 49 minutes 04 seconds East a distance of 143.21 feet to a point on the easterly line of said Outlot F which is 608.92 feet northwesterly and northerly from the most easterly corner of said Outlot F, as measured along the northeasterly and easterly lines thereof, and there terminating. • EXHIBIT A .23)3 Edenvale 14 8/81 • 10/81 DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1981 by and between Equitable Life Assurance Society of the United States, a New York Corporation, and Equitable Life Mortgage and Realty Investors, a Massachusetts voluntary association of the type conmonly known as a Massachusetts business trust under a Declaration of Trust dated Sept. 15, 1970 as amended having its prinicpal office at One Federal Street, Boston, Massachusetts, 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 R1-13.5 to RM 6.5 approximately 15 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit Al, attached hereto and made a part hereof { and hereafter referred to as "the RM 6.5 property", and preliminary plat approval of 3D single family lots and 54 duplex lots upon 24 acres more fully described in Exhibit A2, attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to develop the property for construction of 30 single family residential units and 54 duplexes for an aggregate of 86 residential units, and NOW THEREFORE, in consideration of the City adopting Ordinance No. 81-13, and Resolution No. 81-159, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated 8/14/81 reviewed and approved by the City Council on 8/18/81 and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon, or maintain the pro- perty'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. :t6'du Oeveloper's Agreement-Edenvale 14 page 2 • 3. Owner shall not construct or permit to be constructed duplex units fronting on any street having a similar front facade or floor plan unless each similar unit shall be separated by at least 2 units fronting on such street having dissimilar fac- • ades and floor plans. All duplex units shall have double car garages. 4. Owner shall, prior to issuance of any building permit for building upon the property, submit committments for comple- tion of Edenvale's obligations as previously approved by City for road improvements and sidewalks. 5. Owner shall not convey to the City and shall retain all outlots within the ownership of Edenvale's Homeowner's Association. 6. Owner shall grade, seed, plant, landscape, and construct a playground structure on the parkland in location to be det- ermined by the City Community Services Director depicted on Exhibit D, attached hereto and made a part hereof, according to the specifications outlined in Exhibit E, attached hereto and made a part hereof, and prior to issuance of the 21st building permit. 7. Owner shall construct a temporary turn around lane at the northwest end of Kurtz Lane as depicted in red on Exhibit B according to the specifications of the City Engineer. 8. Owner shall construct the following: a. a cul-de-sac at the northeast end of Lesley Lane as per the recommendations of the City Engineer; b. a knock-down barrier in the location depicted on Exhibit B & as per the recommendations of the City Engineer. 9. In accordance with the Declaration of Trust of Equitable Life Mortgage and Realty Investment, dated Sept. 15, 1970 as amended on file in the office of the Secretary of the Common Wealth of Massachusetts the obligations of the trust hereunder are not personally binding upon, nor shall resort behad to the private properties of any of the Trustees, shareholders, employees, or agents of the Trust, but the trust property (as outlined in the Declaration of Trust) only shall be bound. 10. Owner shall meet the following requirements: a. Block 1, Lot 16 shall be no less than 10,600 sq. ft. in size; b. Block 3, Lots 1 and 2 shall be no less than 75 feet wide at the right-of-way line; c. A11 lots within the plat shall meet the requirements in- cluded in City Ordinances except as noted in 10a and b above. ads 1 Developer's Agreement-Edenvale 14 page 3' 11. The following setback variances shall apply to the single family detached lots as depicted on Exhibit B: a. 5 feet sideyard setback from garage to side lot line; b. 10 feet sideyard for 1 story house (living area) to side lot line; c. 15 feet sideyard for 11-2 story house (living area) to • • side lot line. 12. Owner shall meet all other platting requirements into lots having the width and lot sizes as depicted in Exhibit B. 13. Owner shall, concurrent with street and utility construction, construct: a. A 5 foot wide 4 inch thick concrete sidewalk within the right-of-way and east of the driving'surface of Kurtz Lane commencing at Edenvale Boulevard and terminating at the C.M.-ST. P. RR. as depicted in red on Exhibit B and as per the recommendations of the City Engineer. b. A 6 foot wide 4 inch deep strength asphalt path within the right-of-way and south of the driving surface of Lesley Lane commencing at Edenvale Boulevard and terminating at the property's eastern boundary, as depicted in red on Exhibit B and as per the recommendations of the City Engineer. • l 23/4 1 Developer's Agreement-Edenvale 14 page 4 ` IN WITNESS WHEREOF, the parties to this Agreement have caused 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, the City Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. Notary Public OWNER: Jack M. Humphreys, Asst. Division Manager, STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1981 by Jack M. Humphreys, Assistant Division Manager,on behalf of Equitable Life Mortgage and Realty Investors, a Massachusetts Voluntary Association, and Equitable Life Assurance Society of the United States, a New York Corporation. Notary Public 234 e PARCEL Al RM 6.5 PROPERTY Outlot B, Edenvale.11th Addition according to the recorded plat thereof. And'that part of Outlot F, Edenvale 3rd Addition, according to the recorded plat thereof lying northerly of the following described line: Beginning at a point on the westerly line of said Outlot F distant 269.00 feet South 4 degrees 20 minutes 16 seconds West from the northwest corner of said Outlot F; thence South 38 degrees 23 minutes 49 seconds East a distance of 41.83 feet; thence North 64 degrees 35 minutes seconds East a distance of 234.57 feet; thence South 25 degrees 24 minutes 58 seconds East a distance of 69.34 feet; thence southeasterly and southerly a distance of 134.83 feet along a tangential curve to the left having a radius of 224.35 feet and a central angle of 34 degrees 26 minutes 05 seconds; thence North 78 degrees 56 minutes 49 seconds East a distance of 223.08 feet; thence North 86 degrees 49 minutes 04 seconds East a distance of 143.21 feet to a point on the easterly line of said Outlot F which is 608.92 feet northwesterly and northerly from the most easterly corner of said Outlot F, as measured along the northeasterly and easterly lines thereof, and there terminating. PARCEL A2 That part of Outlot F, Edenvale 3rd Addition, according to the recorded plat �. thereof lying southerly of the following described line: Beginning at a point on the westerly line of said Outlot F distant 269.00 feet South 4 degrees 20 minutes 16 seconds West from the north- west corner of said Outlot F; thence South 38 degrees 23 minutes 49 seconds East a distance of 41.83 feet; thence North 64 degrees 35 minutes 02 seconds East a distance of 234.57 feet; thence South 25 degrees 24 minutes 58 seconds East a distance of 69.34 feet; thence southeasterly and southerly a distance of 134.83 feet along a tangential curve to the left having a radius of 224.35 feet and a central angle of 34 degrees 26 minutes 05 seconds; thence North 78 degrees 56 minutes 49 seconds East a distance of 223.08 feet; thence North 86 degrees 49 minutes 04 seconds East a distance of 143.21 feet to a point on the easterly line of said Outlot F which is 608.92 feet northwesterly and northerly from the most easterly corner of said Outlot F, as measured along the northeasterly and easterly lines thereof, and there terminating. EXHIBIT Al & A2 • 23VS „ • -- t } ®EitrVALE 14TH ADDITION I / F`fit ;%' ��'` '{ opo i 1�0,. I /.'t!•• Ay 49Y1 - {'it \'e 6 �•.\- rr, . r, t <1\ z.4. ,1 "w . /' vKt\0�', is°"/ :{ 3 \�'L._,\r;.�) •.S--<\\ i` ” \\. 29 iY - 5,', ., rid r'!• - `- / M.!..i�C'^i, '�•'.' 7' 1 a .i..f, ?( \"..w,;'' n r \- , ..,... x,•x., 4 „.„..: 23 ....„rs .\+Y:4• ,r \ o _ (: / 1 *\ \\ .+ .~•fps i� i•\* •ewe 1., 5,1! ..,4 f \•�t - / 1� 17, F.' i, 1 3 ,..d1r • Ud 22 4 5 14 r: ,• 2 lx\y,%+ - ^e,rr C • fl, :.,. ~r1�F +• W /J l� n. � ki'r 'Si.'�s 4 25 v G 26 '�'�' .d fi• e.,•'• �r • J',u 19 1 t \,'20� �.i.�: 1 A ,: % .J !/r Ed 'O!N-M r LJ 1 Y 4% :R 5 ,,j 1 - 1, ,• , ' • 4•A`\ �'`�_r�«'�._.f - [�,Lr1�yr�',�r f c I4^A0�,+•q� ;I„ I \ /8 t' ) .r 1�i•r c 3 r• 6 s'Is I..•::fi" 1 It L-, < ?t S 1a•6r•1 i R e 17 r i ,d^rl 13 I I +',.k \`' ,.-,r.•. 1, .w„^'-.,1$,,q •I; : t 1 • + • ^Z1 G''."". ` ra H • i l'9.. \S. 11 J\ \ ' I ��. ft 1 rr�r"o Lti \ 1^ / 10 11 �. 1,\w\ 1 • II. A • . \ ' ' a !, tiyhAYshC ,, rr+ yx /1 f \55, i I " d Q ii i 7i ` . r6 M f.y „A s\• J, i.• y v a t. a• 3 i 1 `I r.''„r Z•ii7 '3 1 w s 2 • '• ./ r (. ,�x 4 • „� //i• 3•^ ♦4 .� Vic• ,�•r'g, w r • l f/°,� :Jr\ \ .u:T fi a I� //i 1 '••i`• ,4 ' ----- ,.Nib• \1 ( -\. 3 y c.„r•t: 4`. Aug. 14, 1981 • EXHIBIT 8 23$9 1 • • • • • • • .\ • • 1/80 • DEVELOPER ' S . AGREEMENT ' • • • EXHIBIT C • • page 1 of 5 • I. Prior to release of final plat, Owner shall submit to the City Engineer for approval two copies of a development plan (1"=100' scale) showing existing and proposed contours, proposed streets and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, watermain and storm sewer, • 100 year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails and any property to be deeded to the City. II. Owner shall submit detailed construction and storm sewer ' plans to the Watershed District for review and approval. • Owner shall follow all rules and recommendations of said Watershed District. • 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 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. • • • • • • • • • • 2390 . 1/80 Page 2 of 5Exhibit C IV. A. All sanitary sewer, watermain and storm sewer facilities, concrete curb, gutters, sidewalks and other public utilities ("improvements") to be made and constructed on or within the property and dedicated to the City shall be designed in compliance with City standards by • a registered professional engineer and submitted to the City Engin- eer for approval. All of the improvements shall be completed by Owner & acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work, labor or services rendered in connection therewith or material or equipment supplied therefore on or before the later of, 2 years from the date hereof or , 19 . Upon com- pletion and acceptance, Owner warrants and guarantees the improve- ments against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship within said 2 year period warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings • with service and valve ties on reproduceable mylar shall be deliver- ed to the City Engineer within 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 subparagraph IV.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 oy 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 IV.A. above, Owner may submit a 100% petition signed by all owners of one property, re- questing the City to install the improvements. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any property which is or shall be ded- • 2391 I 1/80 6/81 • • page 3 of 5 Exhibit C icated to the public, over a five year period. Prior to the award of any contract by the City for the construction of any improve- • ments, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's obligation with respect to the rough grading work 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 ip 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. V. 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 shalT have restored all boulevards according to the obligations contained • within paragraph V 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 paragraphlV.A• hereof shall also guarantee the performance of Owner's obligations under this paragraph V'. VI. 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. 239X 1/80 .6/81 • page 4 of 5 Exhibit C VIII. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of'the property herein described. IX. Owner represents and warrants it owns 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 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 and acceptance 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 completion and acceptance Owner warrants and guarantees the improvements against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship• within said 2 year period 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 improve- ments. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees com- pletion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V.A., including but not limited to, a guarantee against defects in materials or 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 25% 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. 1/80 9/10/80 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 adequate 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 an action to specifically enforce performance of such covenant. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shad not constitute • a waiver of aay 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 Comnunication Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be sent to Minnesota Cablesystems Southwest c/o Popham, Haik, Kaufman, Schnobrich and Doty, Ltd., 4344 IDS Center, Minneapolis, Minnesota 55402. • • .280 3! I • • . . .•" , ... _ , • ,.. . r ----- - so �__ �r^ _,I.—T;a 6 R, r: Q .40 �y�z m <•\0 G — `l I t / 4 'J •2 s, 2 3 .�///L(f�((/••. moo- tilt •,' •` 16 '�. is Cio T : ° ) �' OS .• ,.. 'L(311o.46 t" 1+ '�y 10 9 � Gb :. . v , ••Isar.) 1 a.'• •C?n �‘,• 5 4 63) %. (1\) I```; �91J I •o n(4t) `jy (31) ,.16$ , 1�rp` "'', t• .."• o i•� ,a J • .g�)9)•fc .g, Z sc�h�'• ..\ K aL u` 44. .•, / ,(ss• i.' • s •� ?�''3 • ' 0U1101 A17/= ..3(1.1_ '• lay 10`o'/ 11� • •1• I l t• M1� (3-Ij, Cc, ✓ ' (794J m..'' .17.1.)6• ''s 4(11) tJ. 9 �..., <a 11,4 i. i • �, Or �?!o) •6♦ �G: rr ��i. 0Je \o �.•."JJ °or. o ,4 (�11�, �., it'1 u>.to • <s ., ..1-- I rb 6 .<st• ,_ ‘tih ry♦� J`W r� I�▪ a•' 'S, i ' 4•4-J: 1 \ SU7:. a• :I, ` ♦s4 3 • O • � + .'• Q =t•4t ' Ji'1 t r•' ND141. : o1 (pit."'"•y ,, . I CZI ra..,:'i S `: w0" a, S,`�t.M1'i•J�''.�., �. 1 ,\ U 144•°° a 5. .of �'''>>'11)4�,e c.o..�.\", i / !3 ,4 4 ..� •.6.L i� Z 0 r. /,�. n X• t, �' .e 5103pu�0 (1)-.:: a4ey 1 • (0) '.1 „•4 �Y,ti• i "i(z5a 1,,(C'4.f.t9`.%"' .• { o {, 't', 1 _J -14 1GG150,• :..t. 1• 0(0). y' (??) N'•„. �43) ✓o t'w,. .,s. 10 J: • S�',,d.i•)(rki'1£ t,' 95 Ram •1 'sue `'7 ?• )s �� °y`�la�``e�i°"r:s�Q•stF� .VIEEK53DE-v�p e40, ,. '•,:. "V' ' I. "• , • ,. • l+'b .I 'U•toy 1 %DO d 15 ti. s-C S. o SS' 'N as ii�1 <A b 3. . Nsts v n »fU ^}9!7 to r 7^ Ju 11)yo d"'h„ '�13a 14 Q. 1� •"C f.. • Ne4 .155'[ �74� E'•`'• '. :iyy•yy ;,'4j'7-,¢.1 'rQ CI 08* '9'1 :55 65 D .4` •_ > 12•n... 90 %,1 LS e. '� �B? li`12)'-1�ii ° Np4•uve'G ►o ........50,a 1 alp. 4 j3 (141 N <+ti W • , '11•',• I id • j .. PARK LAND j er 1 c I. D, FOR •o W r. \ l4 c TOTLOT LOCATION " � v Q _._ .. _' h t • . EXHIBIT 0 •14.' a3 9s ti)` 1 • 10/22/81 • CITY OF EDEN PRAIRIE SPECIFICATIONS FOR MINI PARKS PART I - Turfgrass area • • A. The developer shall prepare the ground surface area of the mini park by supplying at least 4" of topsoil over the finished subgrade. Topsoil shall be of the same quality or better than that of the original site and shall be capable of supporting a cultured turfgrass. Topsoil shall be raked out to a smooth finish prior to seeding. All rocks of ;" and larger shall be removed prior to seeding. B. Turfgrass shall be seeded at a rate of 4-5 lbs. per 1,000 sq. ft. Turfgrass mix shall be as follows: Park Kentucky Blue Grass 35% Aquilla Kentucky Blue Grass 15% NK 200 Perennial Rve Grass 25% Ruby Creeping Red Fescue 25% Variations in turfgrass mix shall be approved by Community Services Staff ( prior to seeding. Planting times shall be April-May, August 15-September 15, late October, or by approval of Community Services Staff. PART II - Play Structure A. Play structure shall be Landscape Structure Tot Lot F according to Catalog 8 or equivalent and as depicted herein. Structure shall include climbing, sliding, and swinging devices. All wood components shall be 4"x6" and 6"x6" redwood, free of heart center. All support posts shall extend below ground surface to a depth of at least 3'6". B. Play structure shall be enclosed in a sandlot 20' in all directions from components of the structure. A barrier shall be constructed to encircle the sandlot and play structure. The barrier shall be constructed of cedar, red- wood, penta-treated wood, pressure treated wood or concrete. Barrier shall have a continuous width of at least 4 inches and extend above the ground at least 6" and not more than 12". Barrier shall extend at least 3'6" below ground surface to prevent frost heave. Sand shall be placed to a depth of at least 12" throughout sandlot area. • EXHIBIT E • -2- • !' .... • . f' I i` CI': - .. {. -.. I . 020w Wave Slide to . m ' • • 001 Tre Swint) 018 Horizontal ' • C Ladder t1-187 Ladder Y p � 1 • 0 571— 4' , •, j 'r 710 Manstructure I o ' 061 Sidnp Pole • 081 Balanc°Beam _� . A C.) '.!: . 19b • .239() • • • -3 • - "Mini Parks PART III - Access to Mini Parks A. All accesses to mini parks will be provided with an 6' wide bituminous pathway. Pathway shall be a 2" bituminous mat laid over a 4" crushed . limestone base or 4" deep strength asphalt laid over compacted subgrade. Mini parks shall have direct abutment to a City street on at least one side. Location of which'will be decided by the Community Services Director. PART IV - Tree Plantings A. Trees shall be planted at the rate of 5 per acre in groupings throughout the mini park area. Tree plantings shall be from the following varieties: (at least 3 types shall be selected) Deciduous Evergreen Hackberry Scotch Pine - Ash Austrian Pine Sugar Maple Red Pine • Norway Maple Black Hills Spruce Red Maple Colorado Green Spruce Linden Douglas Fir Thornless Locust ' Oak Birch ' ••, Deciduous trees shall be at least 11/2-2" caliper and evergreens shall be at least 4-5' in height. B. Existing desirable overstory tree species may be used as part of the planting requirements. PART V - Maximum Grade A. The maximum grade of slope shall not exceed 6% over 50% of the site. • • ATI • ' . ;-: • November 2, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-223 RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR A HEARING I.C.52-015 i • WHEREAS, a report has been given by the City Engineer to the City _ Council on-November 2, 1981 recommending the following improvements to wit: j; I.C. 52-015, Streets, Sanitary Water and Sewer, and Storm Sewer ;' in Westwood Industrial Park and adjacent properties - NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion i of the cost of the improvement pursuant to M.S.A. Sect. t 420-011 to 429.111, at an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on the 1st day of December, 1981, at 7:30 P.M. at the Eden Prairie City Hall. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D. Frane, City Clerk • 2 399 . November 2, 1981 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-224 RECORDING CONFORMANCE WITH DEVELOPERS AGREEMENT SHADY OAK INDUSTRIAL PARK 2nd ADDITION WHEREAS, on July 13, 1979, Richard W. Anderson, Inc. a Minnesota corporation (Owner) and the City of Eden Prairie, a municipal corporation, entered into a certain developers agreement (Agreement) pertaining to that certain property referred to as Shady Oak Industrial Park 2nd Addition; and WHEREAS, the owner has complied with the provisions of said Agreement; and WHEREAS, the City Engineer has reviewed the owner's compliance with said Agreement and has so advised this Council. NOW, THEREFORE, be it resolved by the Eden Prairie City Council that the City finds that: ( All items of the Agreement have been satisfactorily completed. ADOPTED by the Eden Prairie City Council on November 2, 1981. Wolfgang H. Penzel Mayor ATTEST: SEAL John D. Frane, Clerk a yao • LIDO RI(:HARD W. ANDERSON, INC. DEVELOPER October 20, 1981 Mr. Eugene Dietz City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: Lot 3, Block 1, Shady Oak Industrial Park 3rd Addition . Developer's Agreement Dear Gene: Would you kindly confirm below that upon completion of the proposed building and landscaping for subject property that the City of Eden Prairie will release the Developer's Agreement, dated December 18, 1979, filed as Document No. 45460D9? Would you also obtain a Resolution from the City Council satisfying the Developer's Agreement concerning the Shady Dak Industrial Park, 2nd Addition, dated July 13, 1979, and recorded as Document No. 4b04441. ( All building improvements and landscaping have been made for said 2nd Addition, including a dedicated drainage ditch, part of which is located in Shady Oak Industrial Park Third Addition. Yours very truly, RICHARD W. ANDERSON, INC. ej. (;.0--71 President RWA/ej Enclosures - Subject Documents The above requests are hereby approved and release will be obtained for the latter document; a release of the first document (#4546009) will be obtained upon completion of said building and landscaping improvements. t 6 CITY OF EDEN PRAIRIE By4:7:4Afr /o z f.Engineer ayoI Phone(612)944.6803 10125 Crosstown Circle Planning Commission Minutes • ber 26, 1981 MEMBERS ABSENT: Torjesen A. EDEN GLEN 3RD ADDITION, by Jesco, Inc. "Request to preliminary plat 3.856 acres for construction of a hotel. Located west of Glen Lane, east of Eden Road, and north of Single Tree Lane. A public hearing. The Planner breifly reviewed the request and stated that the site cannot be final platted statedt rezoning. He that cash park feenofeviewed the staff$1400/acre shouldrbeort addedted to October 1981. report. Bearman stated that no grading or disturbance to the land should occur at all "- until final plat approval. MOTION 1 Sutl f moved to close the public hearing on Eden Glen 3rd Addition preliminary plat. Gartner seconded, motion carried 6-0. MOTION 2 ut iff moved to recommend to the City Council approval of the preliminary plat dated October 5, 1981 as per the staff report dated October 15, 1981 adding #5-Subject to cash park fee of $1400/acre; and #6-No grading or disturbance to the site shall occur at all until final plat approval. Gartner seconded, motion carried 6-0. • 2y02 STAFF REPORT TO: Planning Conmission FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: October 15, 1981 SUBJECT: EDEN GLEN 3RD ADDITION REQUEST: Preliminary Plat (future hotel site) APPLICANT: Jesco, Inc. BACKGROUND In June, 1981 Jesco received approval of a commercial and office PUD upon 15 acres (Eden Glen PUD) of which this request comprises 6.6 acres in 'the PUD and was outlined as office sites. See Figure 1 (Lots 5, 6, & 7). The entire 15 acre PUD has been graded and the wooded area within pro- posed Lot 1, 3rd addition was preserved as required in the Developer's Agreement. During the PUD review, it was requested by the Engineering Department that the street name Eden Glen Road be changed to Glen Road. The Eden Road and Glen Road improvements are proceeding and final blacktop layers are expected yet this year. REQUEST • Jesco is requesting preliminary plat approval to divide the 6.6 acres lying west of Glen Road into 3.8 and 2.8 acre lots. See figure 2. They are not at this time requesting rezoning or site plan review, but desire a preliminary plat approval so that they can proceed in negotiating with a hotel proponent who would return with a zoning and site plan application on the 3.8 acre site (proposed Lot 1). There are no tentative plans for the southern 2.8 acres, Lot 2, so the Planning Staff would recommend that it be platted as an outlot. FINDINGS AND CONCLUSIONS The division proposed and the hotel use are consistent with the approved 1981 Eden Glen PUD. At time of rezoning application, the project will be reviewed to assess its conformance with the PUD and the approved Design Framework Manual. ,2 IU3 l Staff Report Eden Glen 3rd Addition page 2 RECOMMENDATIONS The Planning Staff would recommend approval of the October 5, 1981 Eden Glen 3rd Addition preliminary plat contingent upon the following: 1. That a final plat not be granted until rezoning approval has been granted. 2. That the future rezoning request conform with the 1981 Eden Glen PUD. 3. That Lot 2, Block 1, be final platted as an outlot until rezoning has been approved. 4. That the final plat depict the road name as Glen Road. JJ:ss i I �uoq P;?' r l l •l " P'" ram, _ :::-jli5P, .:": '-1-4‘--.&‘,711..i,,,,,,,,,,,,,,,I,,,f4:N.,,, .1 '."-:'-.••:1-:_ - --i ,1,., n' ... :' ' ...: .. '. ''''''.• N ^ 1'11 0� f\ " •a / 8� � a�� ili 11 I rcits, A � �r Ito , nY a� M jI t. It 41 '' • � 1F,6� � i I "V N' ,1 1 1111 i I i —. tFEi'. .1.ruvRu..aYJu ` C. g3I3i .. I .!' ,�II II I Ii I In_ II Is = ` -a°/frewgR ' N. • "II" C. -poag-----asp3--- • \— LL I I X I • \\Nk: , . • - `Ky--••• - I'II' \\ ` F- .nt' • JI. y :,..,..,...„:"..,,,,t,44:2,. 1 I n gyp`,' � • \ Cn i1_IJ•L _ �' 'l 1 Iz .4 j ; N 1• J ;h Li ` yi\ \\ lo% 1 cz .��}I YOB ‘I'll. o ,p^ ta.W N j i \ ' „s;. • r -� 4� iZ 2gOS1 • CITY OF FDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA t RESOLUTION NO. 81-220 • • RESOLUTION APPROVING THE PRELIMINARY PLAT OF , EDEN GLEN 3RD ADDITION BE IT RESOLVED by the Eden Prairie City Council as follows: • That the preliminary plat of Eden Glen 3rd Addition , • dated Oct. 5, 1981 , a copy of which is on file at the City Hall and amended as follows: • • i . I is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances and amendments thereto and is herein approved. • ADOPTED by the Eden Prairie City Council on the . \ day of 19 Wolfgang H. Penzel, Mayor . John D: Frane, City Clerk SEAL zuo6 Bluffs East Reichow lot CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ( RESOLUTION NO. 81-225 A RESDLUTION ACKNOWLEDGING • THE REICHOW DIVISION WHEREAS, the preliminary plat of Bluffs East has been submitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and is being reviewed by the City of Eden Prairie, and WHEREAS, said preliminary plat containing 16 acres consists of approx- imately 15 acres to be zoned RM 6.5 and 1 acre presently zoned Rural, and • WHEREAS, the Rural 1 acre presently contains Reichow's home and is described in Exhibit A attached hereto and made a part hereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the division of approximately 1 acre from the 16 acre site is acceptable and in accordance with the Bluffs East preliminary plat reviewed and approved by the City on July 21, 1981. ( B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the Owners. ADDPTED by the City Council on , 1981. Wolfgang H. Penzel, Mayor • ATTEST: John D. Frane, City Clerk SEAL .1y0/) • The Southeast Quarter of the Southwest Quarter and that part of the East 3/4 of the Northeast Quarter of the Southwest Quarter lying South of the public road, all in Section 25, Township 116 North, Range 22 West, except that part of said Southeast Quarter of the Southwest Quarter lying southerly of the following described line: Commencing at the Northwest corner of the Southeast Quarter of the Southwest quarter of Section 25, Township 116 North, Range 22 West; thence southerly along the West line of said Southeast Quarter of the Southwest Quarter, a distance of 430.00 feet; thence easterly, at right angles to the last described line, a distance of 200.00 feet; thence easterly to a point on the East line of said Southeast Quarter of the Southwest Quarter, distant 1040.00 feet northerly from the Southeast corner of said Southeast quarter of the Southwest Quarter and there terminating. All according to the United States Government Survey thereof, Hennepin County, Minnesota, except the following: That part of the Southeast Quarter of the Southwest Quarter of Section 25, Township 116, Range 22, lying northerly of the following described line: Commencing at the northwest corner of said Southeast Quarter of the South- west Quarter; thence southerly along the west line of said Southeast Quarter of the Southwest Quarter 430.00 feet to the point of beginning; thence deflect 87 degrees 30 minutes, to the left, 300.00 feet; thence deflect 7 degrees, to the left, 665.00 feet; thence deflect 6 degrees, to the right, 345 feet, more or less, to the east line of said Southeast Quarter of the Southwest Quarter and said line there terminating. ALSO That part of the East 3/4 of the Northeast Quarter of the Southwest Quarter of Section 25, Township 116, Range 22, lying south of public road, except that part described as follows: Commencing at the intersection of the west line of said East 3/4 of the Northeast Quarter of the Southwest Quarter with the southerly right-of-way line of said public road, said public road being County State Aid Highway No. 1; thence southeasterly along said right-of-way line 630.00 feet to the point of beginning; thence deflect 90 degrees to the right, 205.00 feet; thence deflect 79 degrees 12 minutes 57 seconds, to the left, 106.89 feet; thence deflect 39 degrees 23 minutes 41 seconds, to the left, 125.30 feet; thence deflect 61 degrees 23 minutes 22 seconds, to the left, 165.00 feet to said southerly right- of-way line; thence northwesterly along said right-of-way line to the point of beginning. EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. ( AN ORDINANCE AMENDING ORDINANCE f77-22 PROHIBITING NOISY PARTIES AND UNLAWFUL TRESPASS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Ordinance #77-22, Section 1, shall be amended as follows: "No person shall congregate on any private lands because of, or participate in, any party or gathering of people from which noise emirates of a sufficient volume or of such nature as to disburb the peace, quiet or repose of other persons. Any owner or person in lawful possession of such private lands who has knowledge of a distrubance and fails to immediately abate said disburbance shall be guilty of a violation of this ordinance." Section 2. Ordinance f77-22, Section 3 shall be amended as follows: "A violation of Section 1 or Section 2 above of this ordinance shall give a police officer the authority to order all persons present, other than persons identifying themselves as the owner or person in lawful possession of such land to immediately ( disperse. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this ordinance." FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1981, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1981. Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk 1, Published in the Eden Prairie News on the day of , 1981.. avv9 FOX, MCCUE & MURPHY ^ 1981 CERTIFIED PUBLIC ACCOUNTANTS sEp3 .J7901 FLYING CLOUD DRIVE 4F EDEN PRAIRIE,MINNESOTA 55344 f ; JOHN E.FOX.C.P.A. TELEPHONE WILLIAM M.MCCUE.C P.A. Ie T2I 944.slee JAMES S MURPHY,C.P.A. September 29, 1981 Mr. Carl Julie City Manager City of Eden Prairie, Minnesota Dear Mr. Julie: We appreciate the opportunity to submit our proposal to serve as the independent auditors for the City of Eden Prairie for the 1981 fiscal year audit. The estimated fee for the engagement would be $8,750, exclusive of any additional special accounting assistance you might request. Preliminary audit examination procedures would be completed prior to December 31, 1981, while the year-end work would be coordinated with Mr. Frane's financial closing schedule. We would expect to deliver the audited financial statements to you by June 15, 1982.. We would expect to meet with the City Council at the completion of the audit, and we would be available for any additional meetings that you, Mr. Frane, or the City Council might desire. Our first audit engagement upon establishing our practice in November, 1978 was the City of Eden Prairie 1979 audit examination. We have appreciated the opportunity to serve as the City's auditors for the last three years and intend to continue to provide quality service. 1_. If you have any questions about this proposal or desire any further information, please contact us. Very truly yours, aiSli., m�G,e l� rrv.��.R,,,� 2 416 approved Planning Commission Minutes • October 13, 1981 All Members Present. C. T NDARD OIL STATION C. stated that this is a request to rezone 1.2 acres from Planned Study to Highway Commercial for construction of a gas station and attached car wash. The site Is located in the southeast corner of Co. Rd. 4 and TH 5. This is a public meeting. Enger reviewed the long history of this proposal and stated the Comprehensive Guide Plan shows this as industrial. Staff recommends approval of the rezoning with the changes noted in the Staff Report of October 9, 1981. R. A. Duggan, Jr., from Standard Oil Company gave a short presentation. After a lengthy discussion of the problems of ingress and egress to the site, the question was raised whether the proposed land use is appropr-late at this location. MOTION: Gartner recommended to the Council denial of the Standard Oil rezo inin ng request. The motion died for lack of a second. MOTION: Marhula moved to recommend approval of the Standard Oil rezoning request subject to the Staff recommendations. Also that Staff investigate the development agreement of Stewart Sandwiches to connect to Co. Rd. 4 and Fuller Drive. Hallett seconded, motion carried 5-1. Gartner voted no. ( .2U,i _ ( NNNESo? zo Minnesota Department of Transportation District 5 2055 No. Lilac Drive oFil0y Golden Valley, Minnesota 55422. (612)545-3761 October 20, 1981 Mr. Chris Enger Planning Director City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In reply refer to: 315 S.P. 2701 T.H. 5 Plat review of proposed Standard Oil Station located in the SE quadrant of TH 5 and CSAH 4 in part of the. SE quarter of the SE quarter of Section 6 and part of the NE quarter of the NE quarter of Section 17 in the City of Eden Prairie, Hennepin County l ' Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: - Our District Land Surveyor, Mr. Keith Slater, is currently monumenting the highway right of way and platting it in this area. We suggest the surveyor contact Mr. Slater at the appropriate time to ensure the boundries are compatible. - As you know, the Department has delayed any future plans for major upgrading on highways in this area. Therefore every effort must be made to preserve the operating integrity and safety of the existing highway. One way to accomplish this is to limit the direct access as much as possible as it is probably one of the biggest factors in making a highway prematurely obsolete. Access to individual parcels such as this should be directed to local cross streets via frontage roads where ever possible. Our main concern with the proposed entrance shown on this plat is its close proximity to the free right turn from CSAH 4 to TH 5 eastbound. The distance between the free right and the exit is very short and will cause some problems. - Before any construction on Mn/DOT right of way begins, an access permit must be approved by our District Office. An Equal Opporrunt;y Employer avl2 ' `' r Mr. Chris Enger October 20, 1981 Page 2 If you have any questions in regard to the above comments, please contact our Layout, Research and Development Engineer Mr. J. S. Katz, at 545-3761 ext. 150. Thank you for your cooperation. Sin y, 11 re ord, District Engineer cc: Charles Weaver • Metropolitan Council Mike Reiter Hennepin County Surveyor's Office • • • • gg13 STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: October 9, 1981 SUBJECT: STANDARD OIL STATION APPLICANT AND FEE OWNER: Standard Oil REQUEST: Rezoning from Planned Study District to Highway Commercial (C-Hwy) of 2.151 acres for a service station. Construction is expected immediately. LOCATION: The southeast corner of TH 5 and Co. Rd. 4. BACKGROUND The Comprehensive Guide Plan designates this corner of the intersection as Industrial, the current zoning is Planned Study. TRAFFIC Traffic has always been a key issue in reviewing land uses that surround this intersection. Commercial is of course the highest trip generator of the land uses. We would expect approximately 300 vehicle trip ends/acre per day at this site, compared to about 70 V.T.E./acre for Industrial. Standard Oil shows a full access to Co. Rd. 4 coming out just a few feet north of the E.A. Sween private entrance (approximately aligned with • Terrey Pine Drive). The County has required Standard to access to the drive to the south rather than directly onto Co. Rd. 4. The City Staff would recommend that Standard attempt to acquire an ease- ment for access from E.A. Sween. In the event they are unable to acquire an easement, the City could condemn the drive as a public road. In either case, the center line of the Standard drive entering the frontage road should be no less than 150 feet from the curb line of Co. Rd. 4 to allow stacking for up to 7 oars during PM peak traffic flow. The County has plans for widening of Co. Rd. 4 and placing a median south of TU 5 to Terrey Pine Drive. This improvement has not been programmed yet but could be as the need warrants. • 2u)11 • Staff Report-Standard Oil page 2 MnDOT does not own access rights along TH 5 and will grant a right-in right-out on TM 5 if no other reasonable access is available. However, the right-in movement, during the AM peak will cause a weaving problem between traffic from the west trying to use the access and the free right turn eastbound from Co. Rd. 4. The City Staff feels the right-in on TH 5 should be eliminated and replaced with full access to the frontage road. LAND USE The service station, would be acceptable as a land use if proper access points are established. Other land uses which could probably '.!tilize the site without such heavy access requirements would be Office or Industrial. • The proposed use would be for; sale of gasoline, small quick-stop grocery items, and a car wash, with the possibility of 24 hour operation. ZONING Zoning for the area of the service station site only be considered at this time. Rezoning of the balance of the piece would require a specific pro- posal. ORDINANCE REQUIREMENTS Signage (Ord. 261): 1) Wall signs shall not exceed 15% of the total area of the wall to which they are affixed. 2) On a lot with two street frontages, one sign, not to exceed 20 feet in height and 80 square feet in area is allowed; with an additional sign not to exceed 36 square feet. The freestanding sign proposed conforms, but the canopy signs will have to be more carefully evaluated. Landscaping (Ord. 178): All parking areas must be screened from surrounding roads. A landscaping plan must be submitted prior to building permit. Mechanical equipment must be screened. • ) Parking: There is no service of vehicles expected. Parking of three vehicles for the quick-stop will be required in addition to employee parking. Setbacks: Front yard setbacks of 35' are required to building or parking areas. Future expansion of the gas island is contemplated to the north. This would be in violation of the ordinance. 2y/c 'Staff Report-Standard Station page 3 RECOMMENDATIONS The Planning Staff would recommend approval of the rezoning from Planned Study to C-Hwy subject to the following: d nly, not he 1. Zoning acres. 47Auld newbe for the legal description emust tbee o submitted t entire prior to Council action covering this. 2. The cash park fee is applicable. (Currently $1400/acre). 3. Access must come from the service road to the south no closer than 150' from the curb line of C.S.A.H. 4 to the centerline of Standard's drive. The access on Co. Rd. 4 is not acceptable. 4. Right-of-way to MnDOT and Hennepin County as required. 5. The right-in right-out on TH 5 must be changed to a right-out only. 6. Signage, landscaping, parking, setbacks, etc., must be according to all City Drdinances. 7. Future expansion as depicted is not approved. CE:ss • • agl6 ( DEPARTMENT OF TRANSPORTATION ,!""°�;, 1 320 Washington Av. South = Hopkins, Minnesota 55343 •..i� i HENNEPIN _FL_ 935-3381 October 8, 1981 Mr. Chris Enger Director of Planning i City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 . i Dear Mr. Enger: RE Proposed Plat - "Standard Oil Station" CSAH 4, SE Quadrant TH 5 • Section 17, Township 116, Range 22 Hennepin County Plat No. 968 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: -To provide adequate right of way to channelize the CSAH 4/TH 5 intersection the developer should dedicate an additional 20 ft. of right of way making the right of way 60 ft. from the center of CSAH 4. The bikeway would be included in the additional right of way. -As per Hennepin County entrance permit No. 01764 dated June 1, 1979, the pro- posed Standard Oil access to CSAH 4 must be relocated to the existing access road south of the plat. The proposed Standard Oil access and the existing access road south of the plat do not meet minimum spacing requirements of Hennepin County. -Since the plat abuts TH 5, it must receive Mn/DOT approval. -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. , Please direct any response or questions to Les Weigelt. Sincerely, James M. Wold, P.E. Chief, Planningii and Programming ( By: 4-,/2, Gil/ ? Les D. Weigelt HENNEPIN COUNTY Planning and Programming an equal opportunity employer .nhaa/l.Dia:pj_ . . . . 24111 (STANDARD Standard Oil Division Amoco Oil Company Twin Cities District 4640 W.77th Sheet,Suite 328 Minneapolis,Minnesota 55435 612.831-3464 S.C.Hinkle ... Dismct Manager - - September 17, 1981 City of Eden Prairie Administrative Offices 8950 Eden Prairie Road Eden Prairie, MN. 55436 . Gentlemen: REZONING STANDARD OIL SITE CO. RD. 4 $ STATE HWY. 5 SOUTH EAST QUADRANT • EDEN PRAIRIE, MN. We have owned the above property for a number of years. The property 1, originally had two culverts and drives on to it from State Hwy. S. Over the years we have lost one of the entrances on State Hwy. 5; had three right-of-way takings; conveyed a bicycle path easement to the City - and have been in and out of 'Planned Study" three times in the last few years. We have been trying to build on this site for some time, and would like to have the property re-zoned back to "Highway Commercial" so we may proceed. Sincerely, TA R. A. Du4 :I? Sr. Proj .c F gineer RAD/cg 2U!b November 3, 1981 STAlt OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 8781 VOID OUT CHECK $ (56.00) 8834 VOID OUT CHECK (2,681.32) 8867 VOID OUT CHECK (30.00) 8893 HARDWARE HANK/PRESERVE Paint-Park Dept. 120.74 8894 OLD PEORIA COMPANY, INC. Liquor 1,420.45 8895 MIDWEST WINE COMPANY Wine 463.74 8896 GRIGGS, CODPER & CO., INC. Liquor 565.43 8897 ED. PHILLIPS & SONS CO. Liquor 4,044.94 8893 JOHNSON BROTHERS WHOLESALE Liquor 79.78 8899 INTERCONTINENTAL PACKAGING CD. Wine 257.30 8900 NATIONAL REGISTRY OF EMERGENCY Fee-Police Dept. 15.00 8901 FEDERAL RESERVE BANK Payroll 15,519.06 8902 UNITED WAY OF MINNEAPOLIS Payroll 46.96 8903 COMMISSIONER OF REVENUE Payroll 5,805.74 8904 SUBURBAN NATIONAL BANK Payroll 100.00 8905 PERA Payroll 11,323.57 8906 GREAT WEST LIFE INSURANCE Payroll 675.00 890 AETNA LIFE INSURANCE Payroll 90.00 8908 MINNESOTA STATE RETIREMENT Payroll 40.00 8909 VITTE YUSAS Conference-Water Dept. 340.00 8910 NORTHWESTERN 8ELL TELEPHDNE Service 2,661.77 8911 ACTION MAILING Bond election mailings 426.44 8912 U.S. POSTMASTER Postage-Police Dept. 220.00 8913 HOPKINS POSTMASTER Postage-Senior Citizens Center 30.89 8914 CAPITOL CITY DISTRIBUTING CO. Wine 94.97 8915 LIQUOR HOUSE Liquor 1,884.08 8916 JOHNSON 8RDTHERS WHOLESALE LIQUOR Liquor 3,090.13 8917 INTERCONTINENTAL PACKAGING CO. Wine 383.38 8918 PAUSTIS & SONS Wine 26.55 8919 GRIGGS, COOPER & CO., INC. Liquor .6,842.59 8920 MIDWEST WINE CO. Wine 1,211.66 8921 APPLE VALLEY REDI MIX Concrete-Dog Kennel/Police Dept. 166.85 8922 ED. PHILLIP & SONS CO. Liquor 1,427.61 8923 OLD PEORIA COMPANY, INC. Wine 1,774.46 8924 EQUITABLE LIFE ASSURANCE Easements-Engineering Dept. 35,076.00 8925 KENSINGTON INVESTMENT, INC. Easement-Engineering Dept. 5,000.00 8926 EDEN LAND SALES Easement-Engineering Dept. 500.OD 8927 CITY OF GOLDEN VALLEY Motor vehicle registration-Police Dept. 6.50 8928 MINNESOTA HUMANE SOCIETY Conference-Police Dept. 60.00 8929 ACRO-MINNESOTA, INC. Office supplies 120.42 8930 MASOOD ALI Mileage 3.65 8931 AMERICAN NATIONAL BANK Service 25.00 89( AMERICAN FORESTRY ASSOC. Subscription-Forestry Dept. (1982) 15.00 8933 AMERICAN SOCIETY OF CIVIL ENGINEER Dues-Engineering Dept (1982) 75.00 8934 AMERICAN WATER WORKS ASSOCIATION Subscription-Water Dept. 11.OD 8935 EARL F. ANDERSEN & ASSOCIATES Signs-Park Dept., Street Dept. 2,261.10 8936 ARTEKA INCORPORATED Landscape materials 965.70 241C1 Page two • November 3, 1981 893/ ASSOCIATED ASPHALT, INC. Blacktop 3,291.60 8938 BACHMAN'S Flowers-Police Dept. 224.37 8939 BAILEY NURSERIES, INC. Trees-Park Dept. 48.00 8940 BRAIN BERGSTROM Volleyball official 48.00 7,5 8941 BLACK & VEATCH Service-Water Treatment Plant 7, 8942 CITY OF BLOOMINGTON Service-Riverview Road 73.3 46.71 8943 BLOOMINGTON LOCKSMITH COMPANY Repair lock-Water Dept. 0 8944 BRAUN ENGINEERING TESTING, INC. Service-Schooner Blvd., Bennet Place 2,064.60 8945 BUTCH'S BAR SUPPLY Supplies-Liquor Stores 264.B5 8946 CAPITOL ELECTRONICS, INC. Equipment repair-Police Dept. 19.86 8947 CAROLYN CASSOLA Guitar instructor 836.00 8948 CHEMLAWN Service 216.70 8949 CHEMSCAPE TREE & SHRUB Service 50.00 8950 CHIEF'S TOWING Towing Service 45.00 8951 CLUTCH & U-JOINT BURNSVILLE Equipment repair & parts 695.78 8952 COLUMBIA TRANSIT CORP. Bus service-Senior Citizens Center 105.30 B953 COPY EQUIPMENT INC. Supplies-Community Services 189.57 8954 CROWN RUBBER STAMP CO. Nameplates-Police Dept. 33.02 8955 CURLE PRINTING COMPANY, INC. Business cards-Engineering, B1dg., & Senior 54.00 Citizens Administrator 18.97 8956 DALCO Supplies-Public Works 158.97 8957 EUGENE A. DIETZ Expenses 0.00 8958 WRENETTA DIETZ Refund-Rec Dept. 8959 DON'S SOD SERVICE Sod 16,739.50 896' DORHOLT PRINTING Office Supplies 405.13 896, EDEN PRAIRIE SCHOOL DISTRICT Fuel-Street Dept. 6,246.44 8962 FEED-RITE CONTROLS INC. Sulfate-Water Dept. 2,652.00 8963 FLYING CLOUD SANITARY LANDFILL Service-Forestry Dept. 32.00 8964 JAMES FORD Service-Blossom & Sutton Property 422.80 8965 VOID OUT CHECK 34.50 8966 FRONTENAC PRESS Forms-Police Dept. 4 8967 GENERAL COMMUNICATIONS, INC. Equipment repair & parts 381 50 .78 8968 GENERAL SAFETY EQUIPMENT CORP. Equipment repair-Fire Dept. 185.80 8969 DANA GIBBS Packet delivery 327.43 '. 8970 HACH Portable meter-Water Dept. 8971 HARMON GLASS Windshield-Street Maintenance 51.35 8972 HAYDEN-MURPHY EQUIPMENT Equipment repair-Water Dept. 95.55 8973 PAT HECKER Refund-Rec Dept. 21.00 8974 HENNEPIN COUNTY CHIEFS OF POLICE Police training 575.00 8975 HENNEPIN COUNTY TREASURER Oxygen-Street Maintenance 10.54 8976 SHERIFF'S DEPART-COUNTY OF HENN. August bookings-Police Dept. 174.DO 8977 HOLMSTEN ICE RINKS Service-Eden Prairie Community Center 40,500.00 8978 I B M Equipment repair-Police Dept. 109.06 8979 IMPERIAL, INC. Extension cord-Water Dept. 6B.05 8980 INSTY-PRINTS Printing-Senior Citizens Center 53.91 B981 TED JOHNSON Volleyball official 64.00 8982 CARL JULLIE Expenses 12.70 B983 KNOX LUMBER CO. Lumber-Park Dept. 107.52 8984 LANDCO EQUIPMENT, INC. Equipment-Forestry Dept. 35.15 B9( AL LARSON Mileage 18.75 89bu LOGIS September 1981 Service 1,437.53 8987 M.A.M. INC. Decals-Police Dept. 183.27 8988 ROBERT N. MARTZ Expenses 611.80 8969 MEDICAL OXYGEN & EQUIPMENT Oxygen-Fire Dept. 65.30 2<120 1 Page three November 3, 1981 899,. METROPOLITAN COUNCIL Conference-Planning Dept. 25.00 8991 MILLER/DAVIS COMPANY Forms-Assessing Dept. 18.04 8992 MINNESOTA FIRE INC. Equipment-Fire Dept. 160.39 8993 VOID OUT CHECK 8994 MINNESOTA GAS COMPANY Service 945.15 8995 MINNESOTA RECREATION & PARK Ads-Community Center 35.00 8996 MINNESOTA WANNER COMPANY Equipment repair-Fire Station 10.00 8997 MINNETONKA FIRE DEPARTMENT Fire Dept. training 500.00 8998 MUNICIPAL ELECTRONIC EQUIPMENT Radar units repaired-Police Dept. 154.86 8999 NATIONAL SOCIETY OF PROFESSIONAL Dues-Engineering Dept (1982) 124.00 9000 NORTHERN STATES POWER COMPANY Service 8,835.46 9001 NORTHRUP KING COMPANY Grass seed-Staring Lake 1,652.40 9002 NORTHWESTERN BELL TELEPHONE CO. Service 233.15 9003 O'CONNOR & HANNAN Legal service 468.75 9004 CHARLES J. PAPPAS Mileage 131.75 9005 PATCO COMPANY Chain-Water Dept. 407.81 9006 PETTY CASH-PUBLIC SAFETY Postage-Police Dept. 11.22 9007 PRAIRIE LAWN & GARDEN Equipment repair & parts 89.56 9008 PRAIRIE OFFSET PRINTING, INC. Forms-Building Dept. 23.50 9009 PSYCHOLOGICAL CORPORATION Service-Police Dept. 30.80 9010 RAPID COPY, INCORPORATE° ID cards-Police Dept. 26.00 9011 DAVID RAQUET Equipment parts-Street Maintenance 35.60 9012 GERALDINE RERAT Service-Blossom & Suttons property 400.00 9013 RIEKE-CARROLL-MULLER ASSOC. Maps-Engineering & Community Services 617.25 90r ROBERTS DRUG Supplies-Police Dept. 5.91 901,, ROBERTS DRUG Supplies-Rec Dept. 17.08 9016 ROBERTS LITHO, INC. Fall program brochure 1,080.00 9017 RYAN CONSTRUCTION COMPANY Repair back door-Liquor Store/Preserve 49.23 9018 SUE SCHULZ Mileage 6.75 9019 KATHY SCHUMACHER Tests 25.00 9020 LARRY SCHWANTZ Football official 44.00 9021 SHEDD BROWN INC. Supplies-Liquor Stores 759.72 9022 SHERWIN WILLIAMS Supplies-Street Maintenance 8.12 9023 VIRGIL A. SEIFERT Hay-Street Maintenance 4.50 9024 RUSSELL SMITH ASSOCIATES Service 400.00 9025 W. GORDON SMITH CO. Supplies-Park Maintenance 4.60 I 9026 SOUTHWEST SUBURBAN ADVERTISER Employment ad-Police Dept. 30.40 9027 STATE TREASURER Third quarter building permit surcharge 6,870.79 ` 9028 DON STREICHER GUNS, INC Ammunition-Police Dept. 19.90 9029 SUBURBAN CHEVROLET CO. Equipment repair and parts 77.20 9030 STEVE SULLIVAN Official-Rec Dept. 160.00 9031 SULLIVANS SERVICES, INC. Service-Research Road 50.00 9032 SYSTEMS 3, INC. Equipment repair-Police Dept. 39.00 9033 BURTON THIEM Service-Blossom & Sutton property 403.80 9034 CARRIE TIETZ Service-Park & Rec meeting, Planning Dept. 114.00 9035 TWIN CITY OXYGEN CO. Oxygen-Water Dept. 146.90 9D36 TYPE HOUSE + DURAGRAPH Supplies-Community Services 24.10 9037 VIKING PRESS INC. Letterhead-City Hall 463.70 9038 JON WARNER Refund-Karate 27.00 90 WATER PRODUCTS CDMPANY Supplies-Water Dept. 29.50 9O4u WEAVER ELECTRIC CO., INC. Service-Electrical Eden Prairie Community 12.802.50 Center 9041 ZIEGLER INC. Equipment parts-Street Maintenance 4,780.54 9042 STUART ALEXANDER Mileage 34.50 2y21 _ Page four Nov( ',er 3, 1981 Service-Flying Cloud Concession Bldg. 8,100.00 9043 HIRSCH BROS., INC. Service-Eden Prairie Community Center 28,635.00 9044 JORDAHL CONSTRUCTION CO. 182.84 9045 LONG LAKE FORD TRACTOR Equipment repair & parts-Park Dept. 9046 MAGUEY CONSTRUCTION Service-Eden Prairie Community Center 142,951.00 1981 Seal Coating 52,158.18 9047 ALLIED BLACKTOP CO. Expenses 179.75 9048 JOHN FRANE p es 23,016.12 9049 NODLAND ASSOCIATES, INC. Service-Chatham Wood addition TOTAL •• ( 2u22 • November 2, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. R81-222 APPROVING OF CROSSTOWN SCOPING REPORT WHEREAS, the Hennepin County Department of Transportation in conjunction with BRW, Inc. has prepared a final scoping report for the Crosstown Highway; and WHEREAS, the City of Eden Prairie has reviewed the report. NOW, THEREFORE, be it resolved by the Eden Prairie City Council that said scoping report be approved and that the Hennepin County Department of Transportation be requested to procede to the next phase of the project. ADOPTED by the Eden Prairie City Council on November 2, 1981. Wolfgang H. Penzel Mayor ATTEST: SEAL John D. 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