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HomeMy WebLinkAboutCity Council - 01/19/1982 JOINT CITY COUNCIL/DEVELOPMENT COMMISSION '1ESDAY, JANUARY 19, 1982 6:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, George Bentley, Oear, Edstrom, Paul Redpath and George Tangen DEVELOPMENT COMMISSION MEMBERS: Chairman Tim Pierce, Joe Adams, Bill Behrenbrinker, Kent Barker, Robert Hanson, Oonald Opheim and Roy Terwilliger COUNCIL ANO COMMISSION STAFF: City Manager Carl Jullie and Finance Director John 0. Frane ROLL CALL I. APPROVAL OF AGENDA II. REVIEW OF PROPOSAL TO CREATE A RESERVE FUND VEHICLE WITH RESPECT TO Page 126 INDUSTRIAL DEVELOPMENT REVENUE BONDS III. NEW BUSINESS / F IV. ADJOURNMENT. FUN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 19, 1982 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, George Bentley, Oean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl Jullie; City Attorney Roger Pauly; Finance Oirector John D. Frane:, Planning Director Chris Enger; Director of Community Services Bob Lambert; Oirector of Public Works Eugene A. Oietz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL 1. APPROVAL OF AGENDA ANO OTHER ITEMS OF BUSINESS II. MINUTES A. Minutes of the Regular City Council Meeting held Tuesday, January Page 143 5, T9B2 B. Minutes of the Special City Council Meeting held Tuesday, January Page 152 12, 1982 , :.y Council Agenda - 2 - Tues.,Jan. 19, 1982 II. CONSENT CALENDAR A. Clerk's License List Page 154 ( V. B. Approval of Kinder-Care Learning_Center Developer's Agreement for a Page 156 day carenan office district located north of TH 5 and east of Chester's Restaurant C. Receive feasibili report for Autumn Woods Phase 1_and adjacent Page 166 property, and set a Public Hearing for February 16, 1982 at 7:30 PM, I. C. 52-016A. Located south of Rymarland Camp and east of T.H. 101 (Resolution No. 82-18) D. 2nd Reading of Ordinance No. 82-02, relating to the operation of Page 121 snowmobiles and amending Ordinance No. 148 -- ---- — — Page 168 E. Red Cross Request IV. PUBLIC HEARINGS A. Feasibility of Major Center Area roadway improvements, Valley View Page 169 ' Road and Schooner Boulevard, Improvement Contracts: 51-308A, 51-308C, 51_335, 51_340A and 51-398 (Resolution No. 82-07, ordering improvements; Resolution No. 82-12 - EAW, negative declaration) B. Vacation of 72nd Street West between County Road 4 and Duck Lake Page 174 Road Resolution No. 82-_1� Page 176 PAYMENT OF CLAIMS NOS. 9989 - 10215 VI. REPORTS OF ADVISORY COMMISSIONS A. Human Rights & Services Commission - Confirmation of appointments Page 181 to the Human Services Needs Board VII. APPOINTMENTS A. Suburban Rate Authority - Appointment of 2 Representatives to the Page 183 Suburban Rate Authority (1 Representative as Director and the other Alternate Director) Resolution No. 82-22 VI1I. PETITIONS, REQUESTS & COMMUNICATIONS A. Eden Prairie Center 3rd Addition by Bar Mil Search Group. Request Page 185 for PUD Development Plan approval and preliminary plat approval of Lot 3 zoned C-Reg-Ser into 3 lots and construction of a bank facility on 1 of the lots. Located north of Schooner Boulevard and west of the Franlo Road entrance to Eden Prairie Shopping Center (Resolution No. 82-21) B. County__Road 60 by Henneein Count . Request for plan approval for Page 194 County Road 60 (Project No. 7915), from County Road 39 to Valley View Road (Resolution No. 82-19) IX. ORDINANCES & RESOLUTIONS A. Resolutions calling for sale of bonds for February 16, 1982 f city Council Agenda - 3 - Tues.,Jan. 19, 1982 X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS 4r A. Report of Council Members B. Report of City Attorny C. Report of City_Manager 0. Report of Director of Community Services 1. City Trail System Plan Update (continued from 12/1/81) Page 195 2. Neighborhood Park Shelter Program (continued from 12/1/81) Page 196 3. Tax Forfeited Lands (Resolution No. 82-20) Page 198 - 4. Staring Lake Park Shelter Page 203 XI. NEW BUSINESS X. ADJOURNMENT. (. • 'a 1 1 S C • . , i t i. O'CONNOR & HANNAN PROPOSAL TO THE i MINNEAPOLIS COMMUNITY DEVELOPMENT AGENCY ' 3 In Response to Its Request for Proposals to Structure and i Manage a Reserve Fund Vehicle , i 1 1 Dated: September 28, 1981 1 =, s EXECUTIVE SUMMARY Of the seven firms who responded to the Agency's Request for Proposals for a reserve fund system or other financing structure, three firms proposed very specific and detailed systems or plans. The Miller & Schroeder/Dain proposal and the Under- writers Group proposal used different means to accomplish the same goal, that is, the creation of a rated industrial development revenue bond. Both of these proposals address themselves specifically to commercial and industrial proj- ects. Both Miller & Schroeder and Dain have extensive ex- perience in working with reserve fund vehicles and indus- trial development revenue bonds. The report strongly en- courages retaining managing underwriters to help with the marketing of the reserve system and the establishment of a rated bond. The O'Connor & Hannan proposal is a comprehensive fi- nancing plan which allows for not only the creation of' a rated industrial development revenue bond but for the com- plete integration of all bonds issued by the Agency in- ( eluding housing, commercial, industrial and any other bonds issued for the Agency's programs. Essentially the compre- hensive financing program accomplishes two major goals of the Agency. 1. It establishes a reserve system so that a rated bond can be developed; and 2. It produces substantial funds which the Agency can use for administration and pursuing the goals of community development. The development of a comprehensive financing program which allows the use of a reserve fund system necessitates the retention of a single bond counsel for those users of the reserve system. Uniformity of legal opinion is ab- solutely essential for the development of a reserve fund system and the creation of an Agency bond. Our report will recommend that a comprehensive financing program be established by the Minneapolis Community Develop- ment Agency; that Dain and Miller & Schroeder be selected as managing underwriters only for the users of the reserve fund system; that other underwriters who bring clients to the Agency participate in a management fee; that the bond counsel firm of O'Connor & Hannan be chosen only for the users of the reserve fund system; and finally, that the /29 entire system, managing underwriters and bond counsel be _ extensively reviewed to determine if the goals and objec- tives of the Agency are being accomplished. F 1• h .1 - 2 - INTRODUCTION: The Request for Proposal sent to underwriters, financial consultants and bond counsels asked for proposals for either a reserve fund vehicle or other basic financing structure for use by the Minneapolis Community Development Agency. The Agency received two proposals from underwriters for a reserve fund vehicle and one proposal from a bond counsel firm for a basic financing structure. The parties sub- mitting proposals were to address themselves as to how their vehicle or basic financing structure would meet the goals of the Minneapolis Community Development Agency, which goals include: 1. The ability to issue a better industrial re- venue bond that is currently being offered (a primary benefit of a reserve fund vehicle is that it should be able to develop an indus- trial revenue bond which would be rated and thus have a lower interest rate than nonrated bonds) . A reserve fund would also make indus- trial revenue bond financing available to all companies including those that do not have a rating of their own and which traditionally have not been able to take advantage of this ® low interest financing resulting from tax exempt bonds and mortgages. (Diagram 1 shows how the typical industrial revenue bond is secured); 2. The ability to provide funding for the ad- ministrative costs of the Agency (staff is assuming that there will be a serious shortage of funding for Agency administration for the foreseeable future); 3. The capacity to provide funds for community development, redevelopment and other programs which will be established by the Agency. This report will use the following criteria to analyse the proposals: A. What are the benefits of each proposal to the Agency? B. How do the proposals meet the needs and goals of the Agency? C. How do the vehicles under each proposal operate? 131 A Finally, the report will provide the staff's recommendations as to the course the Agency should puruse. We received from underwriters two proposals that have reserve fund vehicles. 1. The Miller & Schroeder/Dain proposal uses a letter ofccredit for initial capitalization and allows a reserve fund to be established immediately instead of waiting for funds to accumulate to establish the reserve. The Miller & Schroeder/Dain proposal provides for the funding of a primary reserve out of the bond proceeds of each bond, the lease payments and fees in such a manner that one issue will not only secure itself but also all the other issues. This works essentially as an insur- ance pooling system. Diagram 2 shows the basic structure of the Miller & Schroeder/Dain proposal. 2. The second proposal which we will refer to as the Underwriters Group proposal, is slightly different from the Miller & Schroeder/Dain proposal in that it would create two bond 41 reserve funds and a surplus fund. The primary reserve fund would be funded by monies from bond proceeds which are set aside as in a normal industrial development revenue bond issue (see Diagram 1) . From this normal pri- mary reserve, only excess interest earnings would be drawn and placed in the secondary reserve fund. In the secondary reserve fund would also be deposited other fees from the borrower and from the development of the proj- ect itself. The secondary reserve fund acts as a common reserve fund which insured all industrial development bonds participating in the reserve fund vehicle. This secondary reserve fund acts like an insurance pooling system. Monies not needed in the secondary reserve fund flow into a surplus fund for use by the Agency for either administrative or other Agency programs. Diagram 3 shows how the Underwriters Group proposal is struc- tured. Our analysis shows that both the Miller & Schroeder/ Dain and the Underwriters Group 11 proposals are viable. - 2 - • ® The proposal received from the bond coun- sel firm of O'Connor & Hannan is a basic fi- nancing structure calling for a comprehensive financing program which would supplement and strengthen either reserve fund vehicle de- scribed above or any combination or variation of them. The O'Connor & Hannan proposal fully employs the unique powers given to the City by the legislature in 1980 to provide a more comprehensive integrated development and re- development program for housing, industrial and commercial needs specially tailored to the goals of the City. The full implementation of the unique opportunities provided by the legislation will give the City a competitive edge over surrounding municipalities, for the attraction of desirable business and developr: ment enterprise. The O'Connor & Hannan pro- posal contains reserve fund vehicles which are included for illustrative purposes only. In order to adequately discuss the benefits of a comprehensive financing program it is im- portant to describe the development and cede- velopment considerations that the Agency and the City have traditionally encountered. Some of these problems include the following: 1. NEIGHBORHOOD FUNDING. The areas of the City which have provided the greatest challenges for development and redevelop- ment solutions have been the neighbor- hoods. Funding for neighborhood programs has come significantly from federal sources and to a limited extent from state funds. In the past, municipal development tools have included the use of tax increment financing and the issu- ance of industrial development revenue bonds. Both of these mechanisms have been better suited for higher density or z. downtown projects. Most neighborhood projects require a low density to be compatible with the neighborhoods in which they are lcoated. Tax increment financing works best when substantial tax increments can be captured. Tax incre- ment amounts tend to be reduced in lower density areas. See Diagram 4 which por- trays the traditional tax increment fi- nancing project. In addition to the traditional concerns with tax increment financing, there have also been inhibi- - 3 - 133 A II tions to the full utilization of indus- trial and neighborhood projects. Because of credit requirements and often times the size of the project, the small ser- vice industries, small manufacturing concerns and small commercial projects that may be attractive to neighborhood areas have not been able to adequately use industrial development revenue bonds. Again, it is the larger busi- nesses that are able to use these revenue bonds, and these larger enterprises nor- . mally focus on downtown or higher density industrial areas. All desirable develop- ment and redevelopment activities in a neighborhood area, especially those in- volving housing, will be severely under- mined by reduced federal and state funding. 2. PUBLIC SUBSIDY. A frequent concern has been verification of the true amount of public subsidy needed to achieve the City's housing, employment, development and redevelopment goals. Frequently program costs have not been recaptured on the one hand and yet on the other hand there has been a tremendous obvious profit to the developer or business bene- fiting from the use of tax increment financing and industrial development revenue bonds. This criticism has been more severe in the area of housing where there appears to have been in the past no correlation between the City's promotion of market rate housing and its commitment to low and moderate income housing. The City appears to be benefiting only indi- rectly from the programs and financing mechanisms that it is providing for its developers and businesses. The O'Connor & Hannan basic financing structure re- sponds to the challenges just stated and focuses on the goals of the Agency as outlined in the RFP through four primary 1 means: 1. DEVELOPMENT OF A SURPLUS FUND FOR j AGENCY ADMINISTRATION AND ® PROGRAMS. Because of the numerous income streams available for funding and securing the central reserve, - 4 - • • under the O'Connor & Hannan • financing structure only a small portion of the total income stream will be necessary to secure a bond rating. Any excess not needed to maintain a bond rating will flow into a surplus fund. It is the surplus fund that will provide revenues for projects and programs which the Agency deems beneficial • and necessary for the City but which require a public investment or subsidy such as a subsidized housing. program which would require a substantial and long-term commitment. Under the O'Connor & Hannan comprehensive financing program, the Agency could provide the requisite commitment without risking a broader exposure. Finally, a comprehensive financing program would provide the Agency with substantial fees for its administration and operations costs. With the obvious decline or • leveling off of city, state and federal budgets and funding, the Agency must establish a source of funds to administer its programs and promote its activities. Diagram 7 is a schematic of the comprehensive financing program showing funds to and from the central reserve and surplus funds. 2. RECAPTURE OF PUBLIC INVESTMENT. The O'Connor & Hannan basic financing structure incorporates two methods by which public investment can be returned to the Agency. • A. The first method is to estab- lish a land lease rather than sale so that the company or developer will be paying back over the lease period the pub- lic investment in the proj- ect. The St. Paul Port Autho- rity develops and promotes its projects in this fashion and • • the Port has been extremely successful with this concept. - 5 - 41 B. The second method by which the public investment is recovered j for the Agency is to insist on participating in the equity of the project. This may be ac- complished through lease or development agreements between the Agency and the developer with buy-out arrangements to provide the Agency with a share in increased values of land resulting from successful proj- ects and the normal inflation of land values. The Agency thus establishes a partnership relationship with the developer " or user and shares in the in- come stream or increased value beyond the developer's normal rate of return enabling the Agency to recover its invest- ment. 3. DEVELOPMENT OF AN INTEGRATED AND S EXPANDED CENTRAL RESERVE FUND. The O'Connor & Hannan basic financing structure establishes a central reserve fund from multiple sources: A. TAX INCREMENTS - Excess tax increments not needed for the public investment in a specific project or projects can be used to fund a central reserve. High inflation rates are cur- rently producing greater tax increments than were antici- pated. As a result existing projects are being paid off more quickly, leaving excess tax increments which could be made available for the central reserve or surplus fund de- scribed below. It is not necessary to take the entire tax increment from any proj- ect. The pledge of the availability of tax increment 4 for a central reserve provides a great deal of additional security. - 6 - /36 B. LAND LEASES - As described in paragraph 2A above, a land lease arrangement provides a constant source of funds for the reserve during the term of the lease. At the end of the lease term, the business or user would pay a predetermined amount for the purchase of the land, and that purchase amount would also be available to increase the amount held in the central reserve. C. EQUITY PARTICIPATION - As de- scribed in paragraph 2B above, !!! an equity participation arrangement with a developer or user allows the Agency to profit from its public invest- ment. D. GUARANTOR'S FEES - Any user of the central reserve fund would ® pay an annual guarantor's fee to be despoited in the central reserve since the user's in- debtedness is actually being insured or guaranteed by that reserve fund. E. PARTICIPATION FEE - This fee should be paid initially and on an on-going basis to the Agency by any company or user needing the Agency to provide security for its project. Those needing the central reserve fund or using it would obviously pay such a participation fee. However, these are many proj- ects which have a self-con- tained security device and will produce rated bonds without using the central reserve fund. Such projects include those developed by larger com- panies who have their own bond ratings, projects which may not use industrial development revenue bonds but would be part - 7 - /V • • of a tax increment project, projects such as the recently proposed "loan to lenders" housing program, and projects such as the McKnight Foundation program. The O'Connor & Hannan financing program is structured so that these projects and the revenues generated from these projects shall be made avail- able to the Agency for deposit in the central reserve fund (see Diagram 6 for an illustra- tion of how contributions from companies and projects not requiring security of central reserve funds are accom- plished); any monies exceeding the amount required to be main= tained in the central reserve would be available for transfer to a surplus fund which is discussed in paragraph 4 be- low. The numerous income sources resulting from the 4 variety of projects partici- pating in the reserve thus insure a very secure central reserve fund. F. INTEREST EARNINGS - Interest earnings result from the time differential between the yearly amortization of industrial development revenue bonds and - - the monthly payments received from the borrower. G. INVESTMENT EARNINGS - Invest- ment earnings result when the monies in the issuer's primary reserve and secondary reserve fund for the project construc- tion costs are invested at a higher rate of interest than the face amount of the bond. As with interest earnings in- vestment, investment earnings would also go to the central reserve fund. 41 - 8 - • RECOMMENDATIONS: We recommend the following: 1. That the Agency establish a comprehensive financing program which provides security for all bonds of the Agency and allows for the integration of housing, development and re- development opportunities and programs. 2. That the bond counsel firm of O'Connor & Hannan be appointed as bond counsel to the Agency for its comprehensive financing pro- gram. This appointment will provide con- tinuity and a consolidated and integrated legal approach to the establishment of this innovative program. The creation of the re- serve fund vehicle as a well-known security device whose integrity is unquestioned re- quires a single uniform approving legal opinion, free from the uneven qualifications that a myriad of different bond counsel might bring with their differing legal judgments and internal requirements. The appointment of O'Connor & Hannan as bond counsel for the Agency in its reserve fund vehicle program will provide the opportunity for uniform docu- mentation to reduce administrative costs and expedite legal review of transactions, as well as provide consistent centralized responsibil- ity to the interests of the Agency and the City. 3. That the Agency select the investment banking firms of Miller & Schroeder Municipals, Inc. and Dain Bosworth Incorporated as managing underwriters for the comprehensive financing program. The long term security of the re- serve fund vehicle requires that the pool be managed by someone who has a direct financial interest in the maintenance of its strength. The Agency's interest and the interests of present and future bond holders are more re- sponsibly represented by underwriters who are obligated to maintain a secondary market in all obligations relying on the credit of the program. In this way, all parties are assured of diligent protection of the reserve pool by the party most financially exposed if the pool is not properly maintained. In addition, a managing underwriter can make certain that each issue is brought to market in such a - 10 - 39 H. ACQUIRED PURPOSE OBLIGATIONS - f' 41 Federal law resently allows a 1-1/2% yield differential on acquired purpose obligations on governmental programs. All of the above sources of income provide a central reserve fund se- cure enough to also supply the assistance to the non-rated com- panies and provide for paired com- _ mercial and paired housing projects, all of which would greatly benefit the City's development and cede- velopment strategies (see Diagrams 6 and 7) . 1. VERSATILITY IN THE USE OF TAX INCRE- MENTS. The O'Connor & Hannan basic . financing structure would allow the flow of tax increments from high density housing, commercial and industrial projects into desirable housing, commercial and industrial projects in lower density neighbor- hoods. Thus, the strength of the ._.. treserve fund vehicle is extended into the neighborhoods of the City. Traditionally, tax increment financing has been employed on a project by project basis. The in- crements generated by a specific project are sufficient project to cover the cost of that (see Diagram 4). This older method has not allowed for the financial co- ordination of projects or the trans- fer of increments between proj- ects. The flow of increments allows for the matching of high and low density commercial or industrial projects, the matching of market rate and low and moderate income :_. housing projects, the matching of downtown and neighborhood projects i' or any combination of such matching (see Diagram S for the O'Connor & Hannan tax increment financing al- - ternatives) . 4 - 9 - i o manner that careful direction of the under- writing group ensures compliance with revenue ruling 81-126, a revenue ruling of the Inter- nal Revenue Service in which timing of bond issues is critical. The selection of managing underwriters insures that the risks that should be borne by managing underwriters are not shifted to the Agency. The acceptance of the risks of making markets in support of previous or future bond issues and the credit- worthiness of borrowers under this system is inherent in the responsibilities of managing underwriters of the common reserve fund. 4. That by December 1, 1 98 3 the Agency conduct a full review and analysis of the comprehensive financing program, the managing underwriters and the bond counsel. Such a review is to determine whether new personnel are needed and • whether the goals of the City and Agency are being achieved. 1111 - 11 - /U ir RESOLUTION NO. RESOLUTION CALLING FOR THE CREATION OF A PROGRAM FOR THE ESTABLISHMENT OF A RESERVE FUND VEHICLE BE IT RESOLVED as follows: Section 1. Reserve Fund Vehicle. This body desires to establish a reserve fund vehicle to encourage development and redevelopment within the corporation limits of the City (the "Program") . Section 2. Authorization. The Executive Director and other officers, employees and agents of the Agency are hereby authorized and directed to prepare, in coordination with the managing underwriters and bond counsel for the Program, a plan for the Program for consideration by this body. Section 3. Managing Underwriters. The investment banking firms of Miller & Schroeder Municipals, Inc. and Dain Bosworth Incorporated, Minneapolis, Minnesota, are hereby appointed as managing underwriters for the Program. Section 4. Bond Counsel. The law firm of O'Connor & Hannan, Bond Counsel, of Minneapolis, Minnesota, is hereby appointed bond counsel for the Program. I /y2 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL S TUESDAY, JANUARY 5, 1982 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, Planning Director Chris Enger, Director of Public Works Eugene A. Dietz, Director of Community Services Bob Lambert, and Recording Secretary Karen Mich,: INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: all were present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: IX. C. 3. Discussion of Wineberg Property Purchase Agreement. MOTION: Redpath moved, seconded by Bentley, to approve the Agenda as amended and published. Motion carried unanimously. II. MINUTES A. Minutes of the City Council Meeting held Tuesday, December 15, 1981 Add the following para. following para. 5 on page 4 under item B.: "Bentley expressed a concern regarding the traffic flow and the impact on Mitchell Road and potential access to Wallace Road as a consequence of this development. Penzel concurred." MOTIDN: Redpath moved, seconded by Tangen, to approve the minutes of the Decem- ber 15, 1981, Council Meeting as amended and published. Motion carried unanimously B. Minutes of the Special City Council Meeting held Saturday, December 19, 1961 MOTION: Bentley moved, seconded by Edstrom, to approve the Minutes of the Special City Council Meeting held Saturday, December 19, 1981, as published, Motion carried unanimously. ® 4 /g3 City Council Minutes -2- January 5, 19B2 III. CONSENT CALENDAR ® A. Request to set Public Hearinn for Municipal Industrial Development Bonds Tor Twin City Nursing Homes in the amount of $2,800,000 for February 2, 1982 B. Annual renewal of Joint Use Rental Agreement with Metropolitan Waste Control ommission C. Agreement between City of Eden Prairie/Chicago & Northwestern Railroad/Mn/DOT for installation of signals at Birch Island Road crossing_ (Resolution No. 82-13) D. Plan_pprovalfor safety projects by Mn/DOT within TH 169 right-of-way (Chan- Wassen to Plying Cloud Airport) (Resolution No. 82-14) E. Receive Feasibility Report for Mitchell Road/McCes Drive and set Public Hearing for February 2, 1982 at 7:30 p.m. (Resolution No. 82-15) F. 2nd Reading of Ordinance No. 81-22 and approval of Mid-America Homes Developer's Agreement for Office zonina on 2.2 acres north of TH5 and east of Chester's G. Clerk's License List H. Request for a Public Hearing on February 2, 1981 for the removal of Diseased Trees from private property I. Change Drder for Community Center MOTION: Redpath moved, seconded by Edstrom, to approve items A - I on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. WOODLAWN HEIGHTS by Lyman Lumber. Request for PUD Development plan approval, rezoning from Rural to RM 6.5 and R1-13.5, preliminary plat approval for 54 single family lots and 96 attached units, and approval of an Environmental Assessment Worksheet and variances. Located in the southwest corner of Town- line Road and Duck Lake Road. (Resolution No. B2-08 - preliminary plat; Reso- lution No. 82-09 - EAW; and Ordinance No. 82-01 - rezoning) Edstrom noted he would abstain from discussion on this item because the law firm with which he is associated represents Lyman Lumber. Gregg Frank of McCombs Knutson, representing the proponent, spoke to the proposal. Also present was Jim Hurd of Lyman Lumber. Planning Director Enger stated this proposal had been reviewed by the Planning Commission at its December 14, 19B1, meeting at which time the Commission voted (5-D) to approve the rezoning and (3-2) to approve the preliminary plat. Dis- cussion centered on whether or not the southern most road should cross a natural swale or whether it should be replatted. The Planning Commission also voted to refer to the Council the Woodlawn Heights EAW finding of no significant impact. The rezoning vote included the recommendations included in the November 19, 19B1, ? Staff Report as modified by the Planning Commission. • wLJ A City Council Minutes -3- January 5, 1982 • Director of Community Services Lambert said the Parks, Recreation & Natural 4 Resources Commission had recommended approval at its December 21, 1981, meeting. This approval was based on the reports of Staff and the Planning Commission with the following exception: recommended leaving 2 lots south of the townhouses and instead deletion of 3 or 4 lots along the park; this action may require the addition of 2 townhouses elsewhere-- to be negotiated by the City and the develop(' Redpath asked why the two single family lots were deleted. Enger explained there has been a problem in the past in developments where single family lots were across from or adjacent to multiple unit lots. Penzel noted the excessively long cul-de-sac and suggested this roadway be extended during Phase I of the project to Townline Road, Penzel also expressed concern about the 20 acre parcel to be dedicated as parklard which must be re- claimed from tax forfeiture. He has seen no effort being made in this direction. Jim Hurd stated Lyman Lumber Company's understanding was that upon approval of final plat they would supply the necessary monies to pay up the back taxes and special assessments on the property. They would then relinquish any claims to that property and turn it over to the City. City Attorney Pauly said he had discussed the matter with the attorney for Lyman Lumber and it appears the City would be able to receive a quit claim deed on the property. Tangen asked when the grading on the property would be done. Frank said in Phase I. Wayne Francisco, 17400 West 66th Street, questioned the density trade-off 11/ since the ownership of the 20 acres is not clear. He also said he has the same concern as the Parks, Recreation & Natural Resources Commission regarding the natural buffer. George Kissinger, 6601 Barberry Lane, said the residents to the south see four design features with which they disagree. These are: 1)a topographic high bisects the site and should not be disturbed; 2) mature trees would be affected; 3) the active park requires too much fill/leveling and is not compatible with the area; and 4)standing water is an amenity to the area and would be adversely affected by development. Bentley asked how much grading would be done on the hill. Enger said about 10' would be taken off the top of it. Frank said it would be reasonable to continue the roadway shown as a long cul-de-sa to Townline Road. This could also be used for construction traffic in a later phase. Karl Kurtz, 6451 Duck Lake Road, feels the landscape should remain as is. Penzel stated he has a real problem with the extension of Duck Lake Road. He would like to see the City make the extension of Duck Lake Road a part of this develop- ment. Penzel would also like to have an enforceable commitment by the proponent regarding the twenty acre parcel -- this will have to be clarified prior to 2nd Reading of the Ordinance. Redpath concurred. • ILK; City Council Minutes -4- January 5, 1982 Kissinger recommended turning the proposal back to Staff and the Planning Commis- sion for further revision. Kissinger noted the letters of December 14, 1981, and January 2, 1982, from the Residents which were addressed to William Bearman, Chair- man of the Planning Commission, and Mayor Penzel, respectively. Those letters have been attached to these minutes. MDTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance 82-01, rezoning from Rural to RM 6.5 and R1-13.5. Motion carried with Edstrom abstaining. Penzel noted his vote was conditioned on successful meeting of concerns expressed regarding the overall severity of the grading and the question of road access. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution 82-08, approving the preliminary plat of Woodlawn Heights, incorporating dropping two single family lots on the east side, dropping two lots on the west side of Grand View Drive, straightening the lot line (making it north/south) of lot 3 on Grand View Drive,anc adding one quadraminium unit. Motion carried with Edstrom abstaining, MOTION: Bentley moved, seconded by Redpath, to adopt Resolution 82-09, finding the environmental assessment worksheet for Woodlawn Heights a private action which does not require an environmental impact statement. Motion carried with Edstrom abstaining. MOTION: Bentley moved, seconded by Redpath, to request Staff to draft a Developer' Agreement including the following: 1) road be graded to Townline Road as part of Phase I; 2) Duck Lake Road be improved to the northern boundary of the site; 3) clearance of title or negotiations acceptable to the City Attorney be accomplishers prior to 2nd Reading of the Ordinance; 4) appropriate lot lines be drawn in; 5) Townline Road be improved to the western most property line in Phase II; 6) gradinc; be worked out prior to 2nd Reading with every effort being made to preserve the swales and the trees,and the necessary bonding to see that such is carried out. Motion carried with Edstrom abstaining. Director of Public Works Dietz asked for clarification on the petition for Duck Lake Road. Penzel said a petition should come from the developer in this regard. B. CNR GOLDEN STRIP EAST by Condon-Naegele Realty Co. Request for PUD Concept approval, PUD Development Stage approval, preliminary platting for 8 office sites and 1 restaurant and variances. Located west of Viking's Winter Park, north of 1-494, and south of Nine Mile Creek, (Resolution No. 82-10 - PUD; and Resolution No. 82-11 - preliminary plat.) Don Brauer spoke to the proposal on behalf of Condon-Naegele although there are soon to be new owners who are aware of the proposal before the Council. Planning Director Enger said this proposal had been reviewed by the Planning Commission at its December 14, 1981, meeting at which time it recommended approval of the preliminary plat and the land use concept of office use, how- ever it denied the specific development plan. I City Council Minutes -5- January 5, 1982 Director of Community Services Lambert reported the Parks, Recreation & Natural Resources Connission had reviewed the proposal at its December 21, 1981, meeting and had recommended approval of the land use designation and preliminary plat by a vote of 4 - 1. Approval was conditioned on the recommendations in the Staff Report of November 20, 1981. Edstrom inquired about the vegetation on the property. Lambert said there is some in the northwest corner of the site. Edstrom asked Brauer if he could foresee what might be built in this area. Brauer thought office buildings, hotel/motel, and regional commercial. Tangen inquired how much grading would be done and how important the material obtained from the southeast corner is to the Schooner Boulevard project. Direc- tor of Public Works Dietz said he did not have the detailed information on that; the consultants have that information. Brauer explained they will have excess material early on and later they will need fill. Penzel said he too is concerned about the grading on this site. William Pearson, Route 5, Box 187, Prior Lake, expressed his concerns about this proposal in light of the property he owns to the north and northeast. Discussion centered on the proposed damming of Nine Mile Creek near Smetana Lake. Copies of the Watershed District Plan which refers to the dam will be obtained and dis- tributed to the Council and Pearson. Herleiv Helle, 6138 Arctic Way, questioned the width of right-of-way on the north/ south road and the impact of this road on the general traffic in the area. Pearson asked about the Washington Avenue/County Road 18/I-494 intersection. Penzel explained there will be some improvements made beginning this Spring; but if further improvements are to be made, it will probably be up to the City to make them since the State does not have the money. MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 82-10, approving the CNR Golden Strip East Planned Unit Development and Amending the Guide Plan, subject to revisions by the City Attorney. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-11, approving the preliminary plat of CNR Golden Strip East. Motion carried unani- mously. Any grading to be done on the site is to be for road purposes only. There is to be no grading outside of the road right-of-way. V. PAYMENT OF CLAIMS NOS. 9738, 9740 - 9825; 9826 - 9988 MOTION: Edstrom moved, seconded by Tangen, to approve Payment of Claims Nos. 9738, 9740 - 9825 and 9826 - 9988. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye." Motion carried unanimously. /16 S City Council Minutes -6- January 5, 1982 VI. REPORT OF ADVISORY COMMISSIONS 111 There were no reports. VII. APPOINTMENTS A. Metropolitan League of Municipalities - Appointment of 1 Representative and 4 Alternates MOTION: Redpath moved, seconded by Edstrom, to appoint the Mayor as Representa- tive to the Metropolitan League of Municipalities and Councilmen Bentley, Edstrom, Redpath, and Tangen as Alternates. Motion carried unanimously. B. Health Officer - Appointment of 1 Health Officer for the year 1982. Appointment by Mayor with consent of Council. MOTION: Tangen moved, seconded by Bentley, to confirm the Mayor's appointment of Dr. Frederic P. Ekrem as City Health Officer for 1982.. Motion carried unani- mously. • C. South Hennepin Human Services Council - Appointment of 2 Representatives to serve 2 year terms commencing 2/1/82 MOTION: Tangen moved, seconded by Bentley, to appoint Paul Redpath and Jan Flynn to the South Hennepin Human Services Council. Motion carried unanimously. D. WAFTA Board - Appointment of 1 Representative to serve a 1 year term commencing 1/1/82 MOTION: Edstrom moved, seconded by Bentley, to appoint George Kissinger as Representative to the WAFTA Board. Motion carried unanimously. VIII. ORDINANCES & RESOLUTIONS A. Resolution No. 82-01, designating the official meeting dates, time and place for the City of Eden Prairie Council members in 1982 and appointing an Acting Mayor MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. 80-01, designating the official meeting dates, time and place for the City of Eden Prairie Council members in 1982 and appointing Paul Redpath acting mayor. Motion carried unanimously. B. Resolution No. 82-02, designating the official City Newspaper City Manager Jullie said Norman Franks of the Prairie Register had requested additional time to review his proposed rate for legal notices which is referred to in Jullie's memorandum of January 5, 1982. Iy2 � City Council Minutes -7- January 5, 1982 Stan Rolfsrud, publisher of the Eden Prairie News, spoke to the manner in 411 which the "Happenings" would he published in the Eden Prairie News. Legal notices could he published on the back of the "Happenings" page, if the City so desired. Gary Welch, Rolfsrud's partner, was also present. Norman Franks, publisher of the Prairie Register, addressed his ideas for publishing the "Happenings." He noted the Prairie Register is sent to all Eden Prairie households. The "Happenings" page would be the inside center page and would therefore be a "pullout." Jullie said he had talked with the State Printer who had explained the way in which line rates are determined. The line rates must be approved by the State Printer; the Eden Prairie News has been issued a certificate, the Prairie Register has not. City Attorney Pauly clarified what constitutes a legal newspaper according to State Statutes. MOTION: Edstrom moved, seconded by Redpath, to use the Eden Prairie News for the legal notices and the Prairie Register for the "Happenings." Motion was withdrawn by Edstrom with Redpath's consent. • Bentley said he felt both the legals and the "Happenings" should be published in the Eden Prairie News based on the fact they would have the greatest degree of visibility. Tangen concurred and stated the Prairie Register does not have the identity the Eden Prairie News has. Penzel expressed concern about costs, identity, and the fact the Prairie Register is a shopper. Rolfsrud said the Eden Prairie News is printed in Young America. Randy Franks, 6710 Vernon Avenue South, Edina, Business Manager of the Prairie Register, said their paper is compiled in Eden Prairie. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 82-02, designating the Eden Prairie News as the official City newspaper. The "Happen- ings' will be published in the Eden Prairie News; it will be published as the cover of what is now called "The Shopper" with reminder on the front page indi- cating the "Happenings" appears in a particular issue, and preferably the legal notices will be published on the back of the "Happenings" in issues where this is possible. Copies of the Eden Prairie News will be filed with the State His- torical Society. Motion carried unanimously. C. Resolution No. 82-03, authorizing City Officials to transact banking business MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 82-03, authorizing City officials to transact banking business. Motion carried unani- mously. S ty9 City Council Minutes -8- January 5, 1982 D. Resolution No. 82-04, authorizing use of facsimile signatures by Public Officials MOTION: Edstrom moved, seconded by Tangen, to adopt Resolution No. 82-04, authorizing use of facsimile signatures by public officials. Motion carried unanimously. E. Resolution No. 82-05, designating depositories City Manager Jullie explained there had been an informal agreement whereby the general fund would be maintained at the First State Bank for two years and then would be tranferred to Suburban National Bank for two years. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 82-05, designating the Suburban National Bank as the official depository for the public funds of the City of Eden Prairie. Motion carried unanimously. F. Resolution No. 82-06, authorizing the treasurer to invest City of Eden Prairie funds MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. B1-06, authorizing the treasurer to invest City of Eden Prairie funds. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS 111 A. Reports of Council Members There were none. B. Report of City Attorney There was none. C. Report of City Manager 1. Set March 16, 1982 as the date for a Referendum to allow the City to continue to sell liquor off-sale MOTION: Bentley moved, seconded by Redpath, to set March 16, 1982, as the date for a Referendum to allow the City to continue to sell liquor off- sale. Motion carried unanimously. 2. Appointment of City Attorney for 1982 MOTION: Bentley moved, seconded by Redpath, to appoint the Lang, Pauly, & Gregerson, Ltd., law firm as City Attorney for I982. Motion carried unanimously. /�U City Council Minutes -9- January 5, 1982 3. Discussion of Wineberg Property Purchase Agreement ir City Manager Jullie said the original purchase agreement called for signing on February 15th and the Winebergswould like this date moved to January 20, 1982. MOTION: Tangen moved, seconded by Edstrom, to sign the purchase agreement for the Wineberg property on January 20, 1982. Motion carried unanimously. D. Report of Director of Community Services 1. Snowmobile operation on lakes and parks MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 82-16, designating snowmobile areas within the City of Eden Prairie with the following changes: delete from the "Frozen Waters" section: Duck Lake, Rice Lake and Grass Lake; add to the "Frozen Waters" sec- tion: Rice Marsh Lake. Motion carried unanimously. MOTION: Edstrom moved, seconded by Bentley, to give 1st Reading to Ordinance 82-02, relating to the operation of snowmobiles and amending Ordinance No. 148. Motion carried unanimously. 2. Status report on Community Center and request to approve Handicapped Fees MOTION: Tangen moved, seconded by Edstrom, to approve the recommendation of the Human Rights and Services Commission regarding Community Center fees • for Senior citizens and handicapped participants: handicapped participants i will receive a 50% discount when applying for an individual membership, group homes will receive a 50% discount on family memberships, and Senior citizens will receive a 50% discount on memberships. All applicants request- ing these discounts will be asked to show some type of documentation to qualify for same. Motion carried unanimously. X. NEW BUSINESS • There was none. XI. ADJOURNMENT MOTION: Tangen moved, seconded by Bentley, to adjourn the meeting at 11:38 p.m. Motion carried unanimously. • ,rl • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING TUESDAY, JANUARY 12, 1982 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, Captain Keith Wall and Rodger Jensen ROLL CALL: all were present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Jullie added the following items for discussion under III. New Business: A. Draft Article for Liquor Referendum; 8. Hearing Date for Budget Cuts; C. Memo from Chuck Pappas Regarding Grand Opening for Community Center. MOTION: Redpath moved, seconded by Bentley, to approve the Agenda as published and amended. Motion carried unanimously. II. DISCUSSION ON CODIFICATION (CHAPTERS 4 - 91 Rodger Jensen reviewed with the Council his general approach to codification and expressed concern that the proposed code should be adopted as soon as possible to avoid outdating by statutory changes. Council members expressed concern about some apparent inconsistency in the draft, and that they desire to proceed through the chapters on a detailed review basis. Rodger Jensen expressed his offer to assist in such review in any ways possible. It was agreed that City Staff would prepare revised drafts of each chapter after completion of Council's review. Such drafts will then be forwarded to Jensen for review and then back to the Council for the post-draft conference. The Council proceeded with detailed review of Chapter 4 and pages 2 -26 of Chapter 5. Staff noted changes requested by Council, including the following general items: Chapter 4 All definitions should be in one section at the beginning. p. 4: Include provision to allow up to $10,000 in fees for investigations outside of State as allowed by Statutes. p. 18: Check possibility of changing Statutes regarding limits for insurance coverage. ,6a City Council Minutes -2- January 12, 1982 p. 22: Check possible combination license for beer/wine off-sale (i.e. grocery stores) Ordinance 220, Subd. 3 refers to 50% of revenues must be from sale of food. This should be included in Code. p. 31: I.D.'s should be required for those involved in liquor sales. Chapter 5 Page 47 should be referenced in Chapter 4. p. 25: Provide that organizations may apply for licenses. (Jensen to revise this Section to be less restrictive.) Review of Chapter 5 ended on p. 26. The next meeting on codification will be January 26, 1982, at 7:30 p.m. It was agreed to set a target date of May 15, 1982, for completion of review and adoption of the Eden Prairie Code. III. NEW BUSINESS A. Draft Article for Liquor Referendum Council received memo of January 12, 1982, from City Manager Jullie and 411 suggested changes regarding notation of profits and affirmed use of profits for Public Safety and Recreation purposes. B. Hearing Date for Budget Cuts Council reviewed City Manager Jullie's suggestion to set a date for a Public Hearing on potential 1982 Budget cuts. No action was taken and the matter was deferred until more is known about State Budget cuts. C. Memo from Chuck Pappas Regarding Grand Opening for Community Center Council received memo of January 12, 1981, from Chuck Pappas regarding the grand opening for the Community Center. The planned date is February 14, . assuming completion of the Center as now projected. IV. ADJOURNMENT MOTION: Bentley moved, seconded by Edstrom, to adjourn the meeting at 11:00 p.m. Motion carried unanimously. 153 A CITY OF EDEN PRAIRIE ® CLERK'S LICENSE APPLICATION LIST • January I9, I982 CONTRACTOR (MULTI-FAMILY & COMM.I GAS FITTER Bp11es Construction Kloster Madsen Construction Advanced Heating & Air Conditioning, Inc. Kraus-Anderson of Minneapolis Boedeker Plumbing & Heating Kraus Anderson of St. Paul Associated Mechanical Contractors M. A. Mortenson Co. Boedeker Plumbing & Heating Rauenhorst Corporation Bowler Co., Inc. J. B. Swedenborg Burke Heating Service, Inc. Di tter, Inc. CONTRACTOR (1 & 2 FAMILY1 Domestic Heating Co. Master Heating & Cooling Mill City Heating & Air Conditioning Marvin H. .Anderson Minnesota Gas Co. Capp Homes Tom Motzko Plumbing & Heating Ferris Construction Co. Murphy Plumbing & Heating Grommesch Construction Co. The Plumbing Place Patron Builders George Sedgwick Heating & Air Conditioning Scottom, Inc. Steins, Inc. Trumpy Homes, Inc. Suburban Heating & Air Conditioning Van Eeckhout Building Corp. 0 Zachman Homes, Inc. HEATING & VENTILATING PLUMBING Advanced Heating & Mr Conditioning, Inc. Associated Mechanical Contractors Associated Mechanical Contractors Boedeker Plumbing & Heating Blaine Plumbing & Heating Bowler Co., Inc. Boedeker Plumbing & Heating Burke Heating Service, Inc. Bowler Co., Inc. Ditter, Inc. Doody, Inc. Domestic Heating Co. Ford & Sons Plumbing Co. Master Heating & Cooling Lakeside Plumbing & Heating Mill City Heating & Air Conditioning Le Vahn Brothers, Inc. The Plumbing Place Mac Donald Plumbing Co. George Sedgwick Heating & Air Conditioning McQuire Mechanical Services, Inc. Southside Heating & Air Conditioning, Inc. Midwestern Mechanical Steins, Inc. Tom Motzko Plumbing & Heating Suburban Heating & Air Conditioning Murphy Plumbing & Heating Thompson Air Conditioning Piper Plumbing, Inc. The Plumbing Place WELL DRILLING John Scherer Plumbing Standard Plumbing & Appliance Co. Don Stodola's Well Drilling Co. Steins, Inc. Swanson & Schiager SCAVENGER Don Voss Plumbing & Heating • Welter & Blaylock, Inc. Roto-Rooter Westonka Plumbing & Heating, Inc. III John Adelmann Plumbing Kt/ likLERK'S LICENSE APPLICATION LIST e two VENDING MACHINES Cedar Hills Golf & Ski Coffee Mill Vending Dircon Enterprises Jimmy Jingle SAGA - at Gelco Sirvend, Inc. Super Valu - Driskill's SUPERMARKET Super Valu - Driskill's BAKERY Super Valu - Driskill's Meat Market Super Valu - Driskill's 41ETAIL CANDY Chester's Family Restaurant CIGARETTES Chester's Family Restaurant PRIVATE KENNEL LICENSE Judy Bersie REFUSE COLLECTOR Browning Ferris Industries Able Sanitation These licenses have been approved by the department heads responsible for the licensed activity. at S lie, Licensing Clerk • Ih5 Kinder-Care 12/81 • DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of . 1982 by and between WESTIN & HESSE PARTNERSHIP, a Minnesota General Partnership hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal • corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Owner requested approval of a revised site plan on approx- imately .75 acres, situated in Hennepin County, State of Minnesota, more fully described as Lot 4, Block 1, Edenvale Recreation Center 2nd Addition, hereafter referred to as "the property", and • WHEREAS, Owner desires to develop the property to construct thereon a Kinder-Care Learning Center day care facility. NOW THEREFORE, in consideration of the City approving the revised site plan, 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 10/20/81 reviewed and approved by the City Council on 12/15/81 and attached hereto as • Exhibit A, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. .2. Omer covenants and agrees to the performance and obser- vance 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 8, attached hereto and made a part hereof. • S /J P Developer's Agreement-Kinder-Care page 2 1 3. Owner shall, prior to building permit issuance, submit to the City a detailed landscaping plan for the property and obtain the City's approval thereof. 4. Owner shall construct a 6' high wood screening fence around the concrete trash pad as depicted on Exhibit A according to the specifications of the City Engineer. 5. In the event City determines the property has insufficient parking spaces constructed upon the property, Owner, its successors,or assigns, shall submit to City a detailed parking plan depicting the needed additional spaces and obtain City's approval thereof. 6. Owner shall construct the roof and bell tower, as depicted on Exhibit A, with brown roof shingles. 4 • i . • • Developer's Agreement-Kinder-Care page 3 41 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE: • by Wolfgang H. Penzel,Mayor by Carl J. Jullie, City Manager STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1982 by Wolfgang H. Penzel, the Mayor and Carl J. Jullie, the City Manager of the City of Eden Prairie, a Minnesota municipal corp- oration,on behalf of the corporation. Notary Public WESTIN AND HESSE PARTNERSHIP: eai.r by Carl 0. Westin, Partner bold F( es artner STATE OF MINNESOTA) ) SS. �� COUNTY OF HENNEPIN) foregoing instrument was acknowledged before me this 3 day of ;Ile( , 1982 by Carl 0. Westin, a Partner and Harold F. Hesse, a Partner, on behalf of Westin & Hesse Partnership, a Partnership. :`! " GARY(ARSON `� NOTARY PURI IC• ,tAiN:IESOTA' Notary,public ` j NCNBCPIN COUNTY r fomrsvon ,.',;TrYr.;;yy��Ar►i.rnYY►S•Yt�"r�'� ., • r. ' : :. . '-1- . :II:. 7-..1.:. .::::-°. .-.41.-:-.s.*.'1.'.P. :.--71 Cj:_---:V111-:.___:.--Cl. )k...>....-:'..)..-U!!".'.--- . .--.\___\:::,\:.:4';.:::i \:‘i\ 1 ... "-1)-------. .:--------1 Lc--1'i c,..,f11; ' .,:1---------1 1 "---'''',/--- S.X.':2/' 1 10.y., R➢ow-.-AAA' 1 •I I•-. int ri.,, t.; ttpN ,u � • •� � H0t1N : . ,..2- ,......,•••'t•,•••'•.•`-..!:Si'' "'Nu 5c,;• i• • .\ r` I , /( 7 �__ y� r`p • ._lt31!rL I I , �12P_ t 'EXHIBIT A, page 1 of 2 a . The property `� • 6foot bight wood Oct. 20, 1981 ' ' I'.)7 screening fence • • , ' ..,i III, i11ll1141, I I • s . P _ I o• • • Ill' I i ' II1II IIIh,, I i 1l ; II I,I'lI;• i ''i:' III I ',IIIII I I ; , of I III �iJI IIIII+ ` ' • • �I1;� I j' I�ii: I 0 • III•, g lu I •' Ii- ' 1 li�II Ili lI 7 I y 11, 1,1 If;,l I I 1. id o u 9 • { ' l II�1 I I . . T 1. 1 III ilk. I 1� s ' >\D ri in • • • 1/80 • • DEVELOPER ' S AGREEMENT 1111 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 Riley-Purgatory Creek Watershed Oistrict for review and approval. Owner shall follow all rules and'recommendations of said Watershed Oistrict. III. Owner shall pay cash park fees as to all of the property required • by any ordinance in effect as of the date of the issuance of each . ' building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $ 1,400per acre . The amount to be paid by Owner shall be increased . . or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real • property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be • dedicated, transferred or conveyed as may be provided herein by • Owner to City shall vest in City good and marketable title, • therein free and clear of any mortgages, liens, encumbrances, or assessments. 111 /6 I. 1/80 Page 2 of 5 Exhibit C •, V.=--A:--.All-sz;:Iictary sewer,-watermain and storm sewer facilities, concrete curb. gutters,sidcwalks,streets 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 V. A., including but not limited • to, a guarantee against defects in materials or work- manship for a period of two (2) years following com- pletion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements 'after acceptance thereof by the City Engineer, and re- ceipt of as-built drawings. The bond or letter of . credit shall be in such form and contain sucfi 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. 1 8, In lieu of the obligation imposed by subparagraph V.A, above, Owner may submit a 100% petition signed by all owners of the property, re- questing the City to install the improvements. Upon approval by the City Council, the City 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- • It 2 1/80 6/81 pace 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 in such form and contain such further • • • terms as may be required by the City Engineer. . C. Prior to release of final plat, Owner shall pay to City fees for first 3 year street lighting (public streets) engineering re- view and street signs. • VI. A. Owner, shall remove all soil, and debris from, and clean, all streets within, the property at least every two months, (or within one week from the date of any request by City), during the period commencing • May 1 and ending October 31, of each year, until such time as such streets and improvements therein are accepted for ownership and maintenance by City. • Prior to City accepting streets and improvements, Owner shall 'have restored all boulevards according to the obligations contained within paragraph VI B. B. Within 20 days of installation of utilities and street curb in any portion of the property (if said time occurs between May 1 and October 31 of any year) Owner shall sod (secured with a minimum of . 2 stakes per roll of sod) that part of the property lying between said curb and a line 18+ inches measured perpendicular with the curb or in lieu of said sod, place a fiber blanket with seed ap- proved by the City (secured with stakes a maximum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of • topsoil. The topsoil shall be level with the top of the curb at the curb line and rise 2" for each foot from the curb line. Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are • accepted for ownership and maintenance by City. Owner shall also sod all drainage swales serving each 1.5 acres a minimum distance of 6 feet on either side of the center of the swale. C. The bond or letter of credit provided in paragraph V A. hereof shall also guarantee the performance of Owner'.s obligations under • this paragraph VI. VII. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. /G 3 • • 1/80 6/81 • j qe 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, ands 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 Comnunity 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 Paragraph XI ., 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 Conununity 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. • 16/ `1 1/80 • 9/10/80 . .. i Page 5 of 5 Exhibit C - XII. Owner acknowledges that the rights of City to performance of obligations of owner contemplated in this agreement are special, unique and of an extraordinary character; and that in the event that owner violates or fails or refuses to perform any covenant, condition or provision made by him herein, City may be without an 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. Ho remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every - other remedy. The election of any one or more-remedies shall not constitute a waiver of any other remedy. XIII. Any term of this agreement that is illegal or unenforceable at law or in equity shall be deemed to be void and of no force and effect to the extent necessary to bring such term within the provisions of any such applicable. law or laws, and such terms as so modified and the balance of the terms of this agreement shall be fully enforceable. XIV. Owner shall, prior to the commencement of any improvements, provide written notice to Minnesota Cablesystems Southwest, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be sent to Minnesota Cablesystems Southwes 7. c/o Popham, Haik, Kaufman, Schnobrich and Doty, Ltd., 4344 IDS Center, Minneapolis, Minnesota 55402. . • . 165 A January 19, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-18 RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR A HEARING I.C. 52-016A AUTUMN WDODS PHASE I WHEREAS,Jauara report198 has recommendin n bthe the followingEngineer improvements to wit: Council on January 19, 1982, 9 I.C. 52-016A, Improvements for Autumn Woods Phase I 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 of the 420-Oilctot of the 429.111,iatran estimatedent pursuant totalo Sect. 411 cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on the 16th day of February, 1982, 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 January 19, 19B2. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk 411 /G( } • • • • • • • CITY OF EDEN PRAIRIE, MINNESOTA 1 FEASIBILITY REPORT FOR I ANITARY SEWER, WATER SERVICE, PAVING AND STORM SEWER IMPROVEMENTS AUTUMN WOODS AND ADJACENT PROPERTIES IMPROVEMENT CONTRACT 52-016A S -, rieke carroil • mullet• associates Inc a;Chitects engineers land surveyors planners 111 MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission TI!RU: Bob Lambert, Director of Community Services FROM: Charles J. Pappas, Community Center Manager �� DATE: January 6, 1982 SUBJECT: American Red Cross Swim-A-Cross The American Red Cross is holding it's fourth annual Swim-A-Cross. The The purpose of the event is not only to raise money for the Rcd Cross but to raise public awareness of water safety as the swimming season approaches. Many prominent people in the areas of sports and swimming will be involved. It would be an exciting way to help celebrate the opening of the new Community Center. The running of the Swim-A-Cross would necessitate the cancellation of open isswimming on Saturday, March 20, 1982 from 1-4 p.m. Staff recommends the American Red Cross Swim-A-Cross be held at the Eden Prairie Community Center Pool on March 20, 1982 from 1-4 p.m. CJP:md S • ' January 19, 1982 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-07 . • RESOLUTION ORDERING IMPROVEMENTS 51-308A, 51-308C, 51-335, 51-340A • and 51-398 WHEREAS, a resolution of the City Council adopted the 15th day of December, 1981, fixed the 19th day of January, 1982, as the date for a public hearing on the following proposed improvements: I.C. 51-308A,_51_308C, 51-335, 51-340A, and 51-398, Utility and street improvements on Valley View Road and Schooner Boulevard • WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement were given ten days published notice of the Council hearing through two weekly publications of the required notice and the hearing was held and property owners heard on the 19th day of January, 1982. • 411 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such improvement as above indicated is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement, with • the assestance of Rieke Carroll Muller Assoc. and Bennett Ringrose Wolsfeld, Inc., Consulting Engineers. ADOPTED by the City Council of the City of Eden Prairie on January 19, 1981. Wolfgang H. Penzel, Mayor ATTEST SEAL • • John D. Frane; Clerk • • January 11, 1982 City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 ATTENTION: Kathy Hermann, Deputy City Clerk • Re: Proposed Public Works and Improvements I.C. 51-308A, I.C. 51-308C, I.C. 51-335 Gentlemen: We received notice of a proposed public hearing scheduled for Tuesday, January 19, 1982 before the Eden Prairie City Council in connec- tion with the captioned matters. We understand from that notice that the City proposes to construct additional roads which are, in part, a comple- tion of the original Ring Road plan. We also understand from the informa- tion supplied to us that our property (Property I.D. No. 14-116-43-0001) is proposed to be assessed an additional $9,750.00 as a result of this improvement. We are writing this letter to you to serve as notice of our objections to any additional assessments to our property as a result of this improvement. We have previously protested, formally and informally, the entire assessment process with regard to the Ring Road. We restate our objections to that program. Furthermore, with respect to this partic- ular improvement, it is our view that our property is in no way benefited from the proposed road system. There being no benefit to our property, we fail to see how any assessment can be levied. Furthermore, from our review of the information supplied to us, the proposed assessment role does not include all benefited property and is arbitrary, capricious, inequitable and invalid on its face. For these reasons, we formally give notice of our objections to the proposed, or any other, assessments against our property. Very truly yours, DAVID V. ANDERSON and NANCY A. HOLMES By __,rf,„..*t,,,tak • //0 �/ CROSSROADS CENTER,INC. �r�+•7� ADMiN1.�,TiiA77 T OFFICE �. ���� /�,.,'..;/J 3004 NOlt77i&IXTY-E1011TH 6TREE1' .. __ _,_.__. L SCO'M'SDALErAHI ZONA 85251 A_` ®� PIiONF.002•047-9087 January 5, 1982 City Council 1 • City of Eden Prairie • 8950 Eden Prairie Road • Eden Prairie, Minnesota 55344 Dear Sirs: This letter is for the purpose of protesting the amount of assessment proposed against my property identified on Table 5 as 11 116 22 41 0001 on the preliminary assessment roll for improvement contract #51-308C. In comparing the assessment to the properties around me which are developed or semi-developed and are creating the need for improvements that are being proposed, 1 I find that I am being assessed an inequitable amount as compared to those properties. If reviewed it will be ascertained that these properties can only be serviced by the subject improved road and that this improvement is being considered being installed because of their present required use. I have no quarrel with the installation of the improvement if the assessment is more equitable and spread on an acreage basis rather than on a front foot basis since the majority of the balance to be served by the proposed improvement has a disproportional amount of area to be serviced as compared to the front foot ownership that they have. I therefore request that if the project moves forward, that the assessments be revised and more equitably distributed on the basis of land area served rather than front feet passed. Thank you for your consideration. Very truly yours, • G. P. Schoenfelder, President Crossroads Center, Inc GPS:ep xc: Tom Crosby, Attorney at Law Eugene Dietz, Assistant City Engineer • • 17 1 I January 19, 1982 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 82-12 A RESOLUTION FINDING THE ENVIROMENTAL ASSESSMENT WORKSHEET FOR MCA ROAD IMPROVEMENTS DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a hearing on January 19, 1982, to consider the MCA Road Improvements proposal, and WHEREAS, said improvement is a road system in the Major Center Area for the improvement of traffic safety and circulation. NOW THEREFORE, be it resolved by the Eden Prairie City Council that an Environmental Impact Statement is not necessary because the project is not a major action which does not have significant environmental effects. BE IT FURTHER RESOLVED, that a Negative Declaration Notice shall be officially filed with the Minnesota Environmental Quality Council. ADOPTED by the City Council of the City of Eden Prairie on January 19, 1981. S Wolfgang H. Penzel, Mayor ATTEST: SEAL John D Fi•ane, City Clerk 1 a C Q ©a0Gd ap 0 . Wg11bv WOG Iog@ 1 iv I Environmental Assessment I Worksheet i and Supporting Documents li >1 _ CITY OF EDEN PRAIRIE :5 ,. . JANUARY, 1982 f .tiii 1.4 i'73 January 19, 1982 CITY DF EDEN PRAIRIE I' HENNEPIN COUNTY, MINNESOTA RESOLUTIDN NO. 82-17 RESDLUTION VACATING A PDRTION OF 72nd STREET WEST BETWEEN COUNTY RDAD 4 and DUCK LAKE RDAD WHEREAS, the City of Eden Prairie has certain right-of-way described as follows: That part of West 72nd Street West between County Road 4 and Duck Lake Road (south right-of-way line of Chicago, Milwaukee, St. Paul & Pacific RR) located in the north half of Section 8. WHEREAS, a public hearing was held on January 19, 1982, after due notice was published and posted as required by law, and WHEREAS, it has been determined that good area planning requires that said right-of-way be vacated and that it would be in the public interest to do so. NDW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 4: 1. Said West 72nd Street as above described is hereby vacated. (Subject to existing utilities and easements of record.) 2. The City Clerk shall prepare a notice of completion of the proceedings in accordance with M.S.A. Section 412.851. ADDPTED by the Eden Prairie City Council on January 19, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 410 1512) 339.0755 LAW arrives LAND, PAULY & OREOF.RSON. LTD. 4100 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 SOREST I.LAND ROoES A. •AUIS - DAVIO N. S.THOMA• OREENE. JO. RICNARD r.R060W LAWRENCE J. SKOOLVNO MARK J.JONNSON January 12, 19B2 Mr. Gene Deitz, City Engineer Eden Prairie City Offices B950 Eden Prairie Road Eden Prairie, MN 55344 Dear Gene: In accordance with M.S.A. §412.851, the City should proceed as follows in order to properly vacate West 72nd Street: 1. The resolution which you have prepared must be adopted by a vote of 4/5 of all members of,the City Council. 1. 2. After the Resolution of Vacation is adopted, the clerk must prepare a Notice of Completion of the Proceeding which should contain "the name of the city, and identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and lands affected thereby." 3. The Notice of Completion must be presented to the County Auditor who will enter the same in his transfer records and note upon the instrument, over his official signature, the words ''entered in the transfer record. 4. The Notice of Completion will then be filed with the County Recorder. Very truly yours, LANG, PAULY & GREGERSON LTD. By 417(j7-Y°/4s---4-4.----- Mark J. Johnson 4 MJJ:bb January 19, 1982 STATE OF MINNESOTA CITY OF EDEN PRAIRIE C1'TY OF HENNEPIN The following accounts were audited and allowed as follows: 9629 VOID OUT CHECK $ (752.7 9989 HOPKINS POSTMASTER Postage 556.1 9990 DEPARTMENT OF TREASURY Payroll 5,315.2 9991 COMMISSIONER OF REVENUE Payroll 2,123.1 9992 DEPARTMENT OF EMPLOYEE RELATIONS Payroll 20,355.7 9993 PUBLIC EMPLOYEES RETIRE. ASSN. Payroll 4,461.7. 9994 AETNA LIFE INS. AND ANNUNITY CO. Payroll 78.0 9995 MINN. STATE RETIREMENT SYSTEM Payroll 4O.0 9996 GREAT WEST LIFE ASSURANCE CO. Fayroll 1,1O5.0 9997 MINN. P.O.S.T. BOARD Fee-Police Dept. 6.0 9998 EXPLOSIVES ASSN. OF AMER. RAILROAD Book-Police Dept. 2O.0 9999 STATE REGISTER, PUBLIC DOCUMENTS Books- Police Dept. • 2O5.0 10000 U. S. POSTMASTER Postage-Police Dept. 519.0 10001 U. OF MINNESOTA Conference-Police Dept. 85.1 10002 LANCE ENTERPRISES, INC. Equipment-Community Center 29.E. 10003 PRAIRIE VILLAGE MALL ASSOCIATES Printing-Recreation Dept. 2,208.E 10004 INSTY-PRINTS Printing-Recreation Dept. 39.1 10005 U. S. POSTMASTER Postage 2,OOO.0 10006 THE BROTHERS Expenses 53.:, -10007 DRIVER & VEHICLE SERVICES DIV. Motor Vehicle Registration-Police Dept. 3J 10008 OLD PEORIA CO. INC. Liquor 1,570.7 09 GRIGGS, COOPER CO.,INC. Wine 3,710.E 10 MIDWEST WINE CO. Wine 874.' 10011 TWIN CITY WINE CO. Wine 3,794.C. 10012 JOHNSON BROS. WHLS. LIQUOR CO. Liquor 1,079.2 10013 CAPITOL CITY DISTRIBUTING CO. Wine 179.4 10014 MINNESOTA DISTILLER, INC. Liquor 1,219.' 10015 INTERCONTINENTAL PKG. CO. Wine 284. 10016 ED. PHILLIPS & SONS CO. Liquor 3,648.£'. 10017 U. OF MINNESOTA, REGISTRAR Conference-Building Dept. • 165.0 10018 INTERCONTINENTAL PKG. CO. Wine 1,748.E 10019 MIDWEST WINE CO. Wine 1,047.E 10020 TWIN CITY WINE CO. Wine 1,106.1 •10021 OLD PEORIA CO. INC. Wine 975.2 10022 ED. PHILLIPS & SONS CO. Wine 1,237.0 10023 GRIGGS, COOPER, & CO. Wine 175.1 10024 JOHNSON BROS. WHLS. LIQUOR CO. Wine 902.< 10025 ACRO-MINNESOTA, INC. Office Supplies 1,959.'1 • 10026 ALLIS-CHALMERS Valve Actuator-Water Dept. 2,451.: 10027 AMERICAN LINEN SUPPLY CO. Service 8.4/ 10028 JEAN ASHER Refund-Ski lesson 110.E 10029 ASTLEFORD EQUIPMENT CO., INC. Equipment Parts-Street Maintenance 4.' 1 10030 BLACK & VEATCH Service-Water Treatment Plant 5,781.1; 10031 TRI-CITY ANIMAL CONTROL Service-November 1981 16O.0 10032 JANE BOROCHOFF Instructor-Adaptive Recreation 7O.C,1 10033 BOYER FORD TRUCKS Equipment Repair & Parts 360.: , 134 RUSSELL J. BRAGG Basketball Official 44.11 U35 BRYAN ROCK PRODUCTS, INC. Rock 1,555.7 10036 BUSINESS FURNITURE, INC. Table-Council Chambers; Bookcase,Chair-Manager 746. •i 10037 BUTCH'S BAR SUPPLY Supplies-Liquor Stores 219.11 i Page Iwo January 19, 1982 10038 STEVE CALHOUN Expenses-Park Planning $ 15.5` 1Qp'"'9 CARBONIC MACHINES, INC. Flaker Ice Machine-Comm. Center Concession 1,205.('. 10t,0 CASH REGISTER SALES, INC. Equipment Repair-Liquor Store, Preserve 14.9c 10041 CHANHASSEN AUTO PARTS Equipment Parts 1,814.( 10042 CLUTCH & U-JOINT BURNSVILLE, INC. Equipment Parts 76.1: 10043 COPY EQUIPMENT INC. Supplies-Park Planning & Engineering 186.9 10044 CUTLER-MAGNER CO. Quicklime-Water Dept. 3,002.0 10045 GLORIA CULLEN Refund-Ski Lesson 18.0. 10046 WARD F. DAHLBERG Mileage 79.5 10047 DALCO Cleaning Supplies Water Dept. 123.0 10048 DENNISON MAILING SERVICE Postage 79.4 10049 DOMTAR INDUSTRIES, INC. Salt 1,211.E 10050 DORHOLT PRINTING/STATIONERY INC. Office Supplies 552.1 10051 DRISKILL'S SUPER VALU Coffee 53.3 10052 STEVE DRIVER Refund-Ski Lessons 55.0 10053 EDEN PRIAIRIE SCHOOL DIST. Custodial Service, Gasoline 3,491.1. 10054 ELVIN SAFETY SUPPLY, INC. Safety Cap 77.1. 10055 JOHN ESS & SONS, INC. Equipment Repairs-Park Maintenance 44.0 10056 FAIRVIEW COMM. HOSPITALS Test-Police Dept. 25.C. • 10057 VOID OUT CHECK i 10058 FIRE INSTRUCTORS ASSN. Books-Fire Dept. 72.0 10059 FLYING CLOUD OIL CO. Fuel-Historical Culture Bldg. 361.F 10060 JAN FLYNN Mileage 40.2 10061 JOHN FRANE Expenses 174.2 10062 FOX, MCCUE & MURPHY Audit 2,162.E 10063 FREEWAY FORD, INC. Splash Guards 5.2 1 4 FRONTIER LUMBER & HARDWARE Lumber-Park Maintenance 147.E 1 5 CAROL GALLAGHER Refund-Ski Lesson 9.0 1DD66 GARLAND PUBLISHING, INC. Book-Park Planning 28.( 10067 THE DALE GREEN CO. Dirt-Round Lake Park 96.C:` 10D68 GROSS INDUSTRIAL SERVICES Service 77.E 10069 GUNNAR ELECTRIC CO., INC. Wire Picnic Shelter-Round Lake Park 6,634.2' 10070 GUSTAFSON & ADAMS,PUBLIC ACCOUNT. Refund-Special Assessments 752.7 10071 GAYLE GUY Refund-Ski Lesson 9. 10072 HAYDEN-MURPHY EQUIPMENT CO. Equipment Repair 135.E 10073 KARI HENRIKSON Refund-Ski Lesson 55.( 10074 HENNEPIN COUNTY FINANCE DIV. November 1981-Board of Prisoners 123.i 10075 HENN. CTY. BUREAU OF PUB. SERVICE Equipment rental 434.,. ; 10076 SHERIFF'S DEPARTMENT Equipment Maintenance-Fire Dept. 4,142.E 10077 SHERIFF'S DEPARTMENT November Fee-Police Dept. 29.0 10078 HENNEPIN COUNTY TREASURER Screws, bolts & nuts-Street Maintenance 185.( . 10079 HI-FI SOUND ELECTRONICS Equipment-Planning Dept. 37.4. 10080 HONEYWELL Maintenance Agreement-Water Dept. 1,570.'. 10081 HOPKINS DODGE SALES, INC. Equipment Repair & Parts 1,56B.i 10082 HOPKINS PARTS CO. Equipment Repair & Parts 332.4 10083 MARCIA HUTSON Tests-Police Dept. 75.(' 10084 INGRAM EXCAVATING Haul Rock-Hidden Ponds Park 560.( 10085 INTERNATIONAL BUSINESS MACHINES Supplies-Community Center 51.3. 10D86 INT'L SOC. OF FIRE SERVICE INSTRUC.1982 Dues-Fire Dept. 31.' 1D087 BRIAN L. JDNES Refund-Ski Lesson 9.c 10088 ELAINE C. JONES Refund-Ski Lesson 9.r 39 JOHNSON'S BROOKLYN AMERICAN Equipment parts 21.7 1 90 JEAN JOHNSON Mileage 13. ' 10091 TED JOHNSDN Volleyball Official 112.( 19092 JUSTUS LUMBER CO. Lumber-Park Maintenance 5.3' Hi k Page Three January 19, 1982 10093 KARULF HARDWARE, INC. Chain, Paint, Valve, Batteries, Fuses, Ice Salt, 538.25 IFunnel, Hinges, Washers,Fittings, Hooks, Broom, . Sandpaper, Saw Blades, Snow Shovels, Keys. 10094 KRAEMER's HOME CENTER Drill Bits,Tow Chain, Garbage Cans. 263.7C 10095. J. KRIS KRISTOFIAK Mileage 22.25 10096 MONZE BROS. INC. Service-Riley Lake Road 120.0C 10097 LABELLE DISTRIBUTING Calculator-Senior Citizens 49.9- 10098 LA HASS MFG. & SALES, INC. Tool Box-Building Dept. 228.Oc 10099 LEEF BROS. INC. Service 207.2. 10100 FEDERAL RESERVE BANK Payroll 13,165.2' 10101 COMMISSIONER OF REVENUE Payroll 4,421.5C'• 10102 UNITED WAY OF MPLS. Payroll 73.5C 10103 INT'L UNION OF OPERATING ENGINEERS Payroll 378.Of. 10104 PUBLIC EMPLOYEES RETIREMENT ASSN. Payroll 7,930.7 10105 AETNA LIFE INS. AND ANNUITY CO. Payroll 101.Oc 10106 GREAT WEST LIFE ASSURANCE CO, Payroll 1,125.0°- 10107 MINN. STATE RETIREMENT SYSTEM Payroll 40.0r: 10108 9010 OUT CHECK 15.0C 10109 M. P. H. INDUSTRIES, INC. Radar Repair-Police Dept. 5.0C, 10110 JILL MC KNIGHT Refund-Recreation Dept. 4.0H 10111 KAREN MICHAEL Refund-Skiing Lesson 10112 MIDLAND PRODUCTS CO. Sno Cone Dispenser, Cheese Warmer-Comm. Center 375.0:- 10113 M.INNEGASCO ' Service 603.87' 10114 MINNESOTA RECREATION & PARK ASSN. 1982 Dues 60.0: 10115 MINNESOTA WANNER CO. Regulator-Public Works 25.6E 10116 MINNESOTA TORO, INC. Equipment Parts 35.7E lQii7 MINNESOTA VALLEY GAS CO. Fuel-Senior Citizens Center 300 OC 1 8 MODERN TIRE CO. Equipment Parts 202 11 10119 CINDY MOE Refund-Recreation Oept. 4 0C' 10120 NORTHWESTERN NATIONAL BANK Service 499.5(1 10121 NORTHWOOD GAS CO. INC. Gas-Sewer Dept. 9.GCf 10122 BARBARA OLSON Refund-Ski Lesson 18.0d 10123 .STEVEN M. OLSTAD Expenses l4 9t 10124 DIANE POLLEY Refund-Recreation Dept. 4 0(' 10125 PERBIX,HARVEY & THORFINNSON Legal Service 98.0(q 10126 THE POMMER MFG. CO. INC. Volley Balls 126.5E 10127 PRAIRIE ELECTRIC CO. INC. Equipment Repair-Park Maintenance 216.Or. 10128 THE PREST COMPANY Equipment Parts-Water Dept. 113.91 10129 PRIOR LAKE AGGREGATES, INC. Sand 816.21 10130 RADIO SHACK Microphone 37.5F lr 10131 FRED RAZAVI Volleyball Official 99.0c 10132 REXNORD Sensor Maintenance-Sewer Dept. 85.00( 10133 RIEKE-CARROLL-MULLER ASSOCIATES Service- Viking Press Drainage, Industrial Rd. 23,045.5:! Utilities, Round Lake Utilities Phase II, High Trails S/W, Valley View Rd.,Franlo Rd & Preserve Blvd.Utilities, Schooner Blvd, 70th St. Improvements, Round Lake Estatesll, Cardinal Creek Estates, Norseman Ind. Pk. IV Add., Meadow Park, Rymarland Camp II, Lake Idlewild Drainage, Sunset Trails Estates, Valley Place Offices. 10134 RMS Equipment Rental 2,576.0r 41‘35 ROBERTS DRUG Supplies-Recreation Dept. 22.05 DIP36 SAILOR NEWSPAPERS, INC. Ads-Liquor Stores 165.9C 10137 SMILEY, GLOTTER ASSOCIATES, INC. Service-Community Center 6,394.9r 10138 ST. PAUL PIONEER PRESS Employment Ad-Community Center 51.8; 10139 MINN. MUNICIPAL LIQUOR STORES, INC Fee-Liquor Stores 50•.At r7 , Page Four January 19, 1982 10140 SATELLITE INOUSTRIES, INC. Portable Restrooms 1,191.E 10141 SEARS, ROEBUCK & CO. Booster Shocks-Police Dept. 39.9c 10w W. GORDON SMITH CO. Fuel 4,282.2', 1011P... SOUTHWEST SUBURBAN ADVERTISER Employment Ads-Community Center 129.24 10144 SPORTS WORLD Jackets- Warming House Attendents 168.7c 10145 STATE TREASURER Fee-Assessing Dept. 12.00 10146 SU8URBAN CHEVRDLET CO. Equipment Repair & Parts 262.7.! 10147 ROGUE SWENSON Services-Community Center 400.00 10148 SUPERIOR PRODUCTS MFG. CO. Hot Dog Machine, Refrigerator-Community Center 1,405.0' 10149 SUPPLEE ENTERPRISES, INC. Supplies-Liquor Store, Preserve 10.91 10150 TAYLOR SALES, INC. Freezer-Community Center 1,575.0( 10151 TRUCK OUTFITTERS INC. Oil-Street Maintenance 99.7C 10152 UNION 76 Oil-Street Maintenance 788.6 10153 VAUGHN'S Flags-City Hall 284.0: 10154 CAROL VOLK Refund-Ski Lessons 9.0'. 10155 PAUL WELIN Softball Official 11.00 10156 WALDOR PUMP & EQUIPMENT CO. Hose-Park Dept. 95.0'. 10157 WATER PRODUCTS CO. Equipment Parts 89.2 10158 WEAVER ELECTRIC CO., INC. Service-Community Center 7,723.8, 10159 WESTERN AREA FIRE TRAIN. ACADEMY 1982 Dues-Fire Dept. 1,241.0i 10160 XEROX CORPORATION Service 90.5i 10161 ZEP MANUFACTURING CO. Chemicals-Street Maintenance 56.9 10162 AMERICAN SOCIETY FOR INDUST. SEC. Dues-Police Dept. 55.0, 10163 BROWN & CRIS, INC. Service-Sunset Trails 14.4' 10164 BROWN PHOTO Film-Police Dept. 45.1' 10165 BUTCH'S BAR SUPPLY Supplies-Liquor Stores , 384.3` 10166 COCA-COLA BOTTLING MIDWEST, INC. Refund-Cigarette License 24.0' 1a, EUGENE A. DIETZ December Expenses 150.0; 1076B FINANCE DIV. OF HENN COUNTY Services 317.8: 10169 LINDA FLOWERS Refund-Recreation Oept. 4.0:r, 10170 GENERAL COMMUNICATION, INC. Equipment Repair & Parts 332.2'. 10171 SHERIFFS DEPARTMENT Equipment Rental-Police Dept. 9,324.E'. 10172 HENN. COUNTY CHIEFS OF POLICE Conference-Police Dept. 5D.O i 10173 HENN. COUNTY FIRE CHIEF'S ASSN. 1982 Dues-Fire Dept. 10.0 10174 HENNEPIN TECHNICAL CENTERS Conference-Fire Dept. 120.0 10175 DONNA HYATT Expenses 8.3; 10176 INTERDESIGN INC. Service 9,303.2c 10177 INT'L SOCIETY OF ARBORICULTURE 1982 Dues 60.0 '•' 10178 CARL JULLIE Expenses 24.0`j 10179 LAKE REGION MUTUAL AID ASSN. 1982 Dues-Fire Dept. 10.0"! 10180 MEDICAL OXYGEN & EQUIP CO. Oxygen-Fire Dept. 28.21 10181 METROPOLITAN FIRE EQUIPMENT CO. Oxygen-Fire Dept. 15.5'j 10182 MINNESOTA CHIEFS OF POLICE'ASSN. 1982 Dues-Police Dept. 30.8 10183 NELSON RADIO Equipment Repair-Police Dept. 44.7'j 10184 NORTHERN STATES POWER Service 3,566.5' 10185 NORTHWESTERN BELL TELEPHONE Service 2,667.7r 10186 RAPID COPY,INC. Liquor I.D. Cards 14.0 10187 DAVID RAQUET Tools 22.3 10188 REGISTER MEDIA, INC. Ad-Community Center 12.0 10189 RIDGE DOOR SALES CO. OF MINN. INC. Equipment Repair-Fire Station 45.11 10190 SOUTHWEST SUBURBAN PUB. INC. Legal Ads 413.2,E 10191 TWIN CITY TESTING . Service-Water Treatment Plant 230.5.E 1 2 UNIFORMS UNLIMITEO Uniforms-Police Dept. 37.9,E 1 3 U. OF MINNESOTA Conference-Building Dept. 25.0t 10194 ZIEGLER INC. Equipment Parts 4.2 10195 A. K. CONSTRUCTION, INC. Service-Water Wells 04, 5, & 6. 31,159.5 10196 ASPHALT PAVING MATERIALS Service-Eden Road 6,548.R 10197 BARBAROSSA & SONS, INC. Service-WAter Treatment Plant 160,420.8' Page Five January 19, 1982 loto RICHARD KNUTSON, INC. Service-Valley Place Office & Franlo Road 7,209.31 101 - MLNN-KOTA EXCAVATING,INC. Service-Well Collector Line 179,954.99 10200 NODLAND ASSOCIATES, INC. Service-Industrial Dr. Utilities 23,906.90 10201 NODLAND ASSOCIATES, INC. Service-Lake Trail Estates 4,158.02 10202 PROGRESSIVE CONTRACTORS, INC. Service-Valley View Road Phase II 22,194.60 10203 SANDMARK CONSTRUCTION, INC. Service-Lake Idlewild Drainage 2,279.49 Gasoline-Steet Maintenance 9,554.62 10204 AMOCO OIL CO.1D205 BEER WHOLESALERS, INC. Beer 3,798.75 10206 CAPITOL CITY DISTRIBUTING CO., INC Beer 49.80 10207 CITY CLUB DISTRIBUTING CO. Beer 5,067.85 10208 COCA-COLA BOTTLING CO. Beer Supplies 709.95 10209 DAY DISTRIBUTING CO. Beer 4,402.30 10210 EAST SIDE BEVERAGE CO. Beer 7,812.2'.� 10211' GOLD MEDAL BEVERAGE CO. Mixes 148.15 10212. :KIRSCH DISTRIBUTING CO. Beer & Supplies 185.70 10213 A. J. OGLE CO., INC. Beer & Supplies 1,471..1C 10214 PEPSI COLA-7 UP BOTTLING CO. Mix 715.05 10215 THORPE DISTRIBUTING CO. Beer 9,662.65 TOTAL $701,953.7 • 1111 r619 I • TO: City Council FROM: Duane Pidcock-Chairperson Human Rights and Services Commission DATE: January 13, 1982 SUBJECT: Confirmation of Human Service Needs Committee Board Members The Human Rights and Services Conmil;sion would appreciate the confirmation of the following individuals to the Human Service Needs Board by the City Council: • Marcia Lockman City Representative on tbe.Board Manager of Market Research for Fingerhut Member of the Human Rights and Services Commission Chairperson of the Community Based Residential Services • Commission • Larry Simenson City Representative. on the Board • Industrial Training Teacher-Special Education for School District 287 S . Member of the Human Rights and Services Commission No-Fault Grievance Representative Keith Scott School Representative on the Board Manager of Market Analysis for Super Valu Home Office. Member of the Community Education Board • President of Cahill Citizen's Communication Committee Board member of Eden Prairie Soccer and football Association Curt Connaughty School Representative on the Board • Assistant High School Principal District 272 Past member of the Human Rights Commission Past president Eden Prairie Lions Past Co-Chairperson of the United Way School District 272 Pat Breitenstein Business Representative on the Board Canner-My Cheese Shop Board Member Chamber of Commerce Member Park and Recreation Commission Public Education Chairperson American Cancer Society Lee Wenzel Business Representative on the Board Sole Proprietor of Process Dynamics Member Charlie II, Business Com:nittce • Provides fmployee Assistance Programs to Employees and Financial Counselor workshops and counseling j • I Mary Ilayden Liaison South Hennepin Human Service Council Payroll-Business Office, Eden Prairie School District Chairperson-Comprehensive Study of Human Service Needs in South Hennepin Jan Flynn Staff Liaison-City of Eden Prairie Your confirmation of this Board is greatly appreciated. • • • • • • • • • IE� RESOLUTION NO. 82-22 41 RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of , Minnesota, as follows: is hereby designated as a director of the Suburban Rate Authority, and is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1982 and until their successors are appointed. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) S" CITY OF )) I, the undersigned, being the duly qualified and acting Clerk of the City of hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the City Council of at its meeting on , 198 , as the same is recorded in the minutes of the meeting of such council for said date, on file and of record in my office. Dated this day of , 198 • City Clerk ® (SEAL) City of Unapproved Planning Commission Minutes January 11, 19B2 All Members Present. B. EDEN PRAIRIE CENTER 3RD ADDITION, by Bar Mil Search Corp. Request for PUD Development Plan approval and preliminary plat approval of Lot 3 zoned C-Reg-Ser into 3 lots and construction of a bank facility on 1 of the lots. Located north of Schooner Blvd., and west of the Franlo Road en- trance to Eden Prairie Shopping Center. A public hearing. The Planner stated that Mr. David Shea of Shea Architects was present to give the presentation. Shea reviewed surrounding land uses. He stated that the parcel requested for the bank will be a 4500 sq. ft. bank with drive-thru lanes, it will be a 1-story building, the bank will be a 1st Nat'l Bahk of Edina branch, and stated that cir- culation has been provided so that all three lots will benefit from this site. The Planner reviewed the staff report dated 1/B/B2 and stated that this is a site plan revision. Retterath asked if the proponent has received approval from surrounding banks. Shea replied no, but that they expect no problems. Beaman asked if there were any requirements with the original plan for this site. • The Planner replied yes. Shea stated that this plan is in conformance with it. Bearman asked what the requirements were. Shea replied sidewalks, landscaping, utilities, and cross-easements. He stated that a landscape 'node' has been placed between Lots 1 and 2. Bearman asked if there will be a pylon sign. Shea replied yes. Bearman then stated that he was concerned that all previous requirements be upheld. Torjesen asked if all 3 lots are being platted. The Planner replied no-only Lot 2 which will be the bank. Retterath stated that she felt the parking lot is too small. The Planner stated that adequate parking is being provided and there is over-flow parking in the Eden heafelt9that thereawoulded betnot additional parking spaces can problems. Sutliff asked if the site will be screened according to Ordinance requirements. The Planner replied yes. MOTION 1 Gartner moved to close the public hearing on Eden Prairie Center 3rd Addition. Torjesen seconded, motion carried 7-0. /t) Unapproved Planning Commission Minutes -2- January 11, 1982 I MOTION 2 Gartner moved to recommend to the City Council approval of the Eden Prairie Center 3rd Addition PUD Development Plan and preliminary plat as per the plans dated 12/31/81 and the staff report dated 1/8/82 adding 06 That the building be a bank facility only; be added to the staff report. Retterath seconded. DISCUSSION Bearman asked that the words 'according to Ordinance requirements' be added to 05 of the report and #7 The original approved PUD requirements shall be met or exceeded. Gartner and Retterath agreed. Motion carried 7-0. S i,G STAFF REPORT TO: Manning Commission FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: January 8, 1982 PROJECT: EDEN PRAIRIE CENTER 3RD ADDITION LOCATION: Southwest of Eden Prairie Shopping Center APPLICANT & FEE OWNER: 8ar Mil Search REQUEST: PUD Development Stage approval, site plan review and replatting of Lot 3, 8lock 1, Eden Prairie Center 2nd Addition • BACKGROUND 1973: This site is part of an 11.7 acre site which was depicted as a neighborhood convenience center in the Homart Eden Prairie Center PUD. 1978: Bar Mil Search received approval of rezoning from Rural to C-Reg-Ser for a grocery store, bank, hardware, and 2 restaurants. In the Developer's Agreement, 5.5 parking spaces (expandable to 6.8) per 1000 GFA was approved. Agreement site plan attached as figure 1. 1979: The property was platted into 3 lots in conformance with the approved plan. The City's present Guide Plan depicts the site C-C, Community Commercial. EXISTING SITE CHARACTERCenter ime was graded and 7consi t stsofe w2sbe graded the t the nchareasandd esnotEden havePie anyrtrees. ORDINANCE REQUIREMENTS • C-Reg-Ser District: Ordinance Requirements: 1st Nat'l • Bank 10,000 sq. ft. min. lot size consistent 80' min. width 15n. 200' min. 100' min. depth 25',20'40',10'front,s ides,rear setbacks 75'+,50' -1/1000 GFA approved 8 pkg. spaces/1000 GFA Max. FAR 20i 1 story, 50% mutt. 5.8 15% max. Staff Report-Eden Prairie Center 3rd page 2 $ SITE PLAN 'The lot for the 1st National Bank of Edina branch,Lot 2, is of adequate size to accommodate the bank structure, a drive-thru, parking, sidewalk, and ample space for landscaping. The bank and the drive-thru are designed for future expansion. The preliminary plat depicts division of Lot 3, Block 1, Eden Prairie Center 2nd Addition, into 3 lots which conform in size to the original approved PUD (figure 2). Utilities are available in the adjacent roads of Schooner Blvd. and the shopping center's entrance and internal loop road. The City Engineering Department is recommending 2 changes to the preliminary utility plan: 1) redesign of storm water flow, and 2) design of internal water loop system to the other lots within the Bar Mil property. Minimal grading is depicted on the site for 1st National Bank branch of Edina. The grading along the eastern portion ties into the existing topography. A preliminary landscape plan illustrates plantings along the east, south and west sides of the bank lot. All mechanical equipment, whether roof-top or ground based should be screened. Detailed landscape plans will be re- fill viewed and approved by City Staff prior to the issuance of a building permit. The intent of locating this neighborhood convenience shopping center adjacent to the Eden Prairie Center in the MCA is to serve the commercial needs of quick stop shoppers and the residents of nearby multiple housing, i.e., Castle Ridge. Therefore, it is important that the banks and restaurant(s) now planned be complemented by the originally submitted hardware/grocery store and drug store uses. If uses significantly different than those approved are desired, the proponent must return for City review and approval. The construction material dill be brick with wood trim. TRANSPORTATION The access from Schooner Blvd. is a right-in/right-out. Full access at this point with a median cut will not be allowed as per the executed Developer's Agreement in effect. Other access points are full accesses off of the Franlo Road entrance and the shopping center's internal loop road (see figure 2). The site's own internal road network provides cross access to all lots as previously recommended by staff (see figure 2 ). Lot 2, for the 1st Nat'l Bank of Edina branch, includes the necessary sidewalk improvements as required by the Developer's Agreement. See figure 1 for entire sidewalk plan. The sidewalk along Schooner is within the right-of-way; the others are located on the property. 44 ) • Staff Report-Eden Prairie Center. 3rd Add. • page 3 • RECOMMENDATIONS he Planning would recommend approval of the revised PUD Development Stage ng Staff Plan and the replat of Lot 3, Block 1, contingent upon the following: 1. Revised utility plans be submitted to the City Engineering Department for review and approval prior to building permit issuance. 2. A detailed landscaping pn for prior 1st to building Bank permit Edina issuance. matted for reviewiewand approval 3. Sidewalks within the,.bank.site be constructed concurrent with site and utility work. 4. 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Eden Prairie Center 3rd Addition-Proposed ----•Replat area .•; 14, Internal Lot , 1; Accesses .„.'•1 ig. . . z , i. . .. •• • '.....$— . r&.4.. . . . .. .. ,;..k7.7 _.....,...1....z. I • . • i EDEN PRAIRIE CENTER 3RD ADDITION 1 PRELIMINARY PLAT , •(`' /‘`1.4'‘. . • t(0 66e• C,,\y / " /v rcp,r, urt Nw Rs� r p fr ntiOC " Crqr ' ` / n r, !I , Caw c, ce;',/ • ,?,1 %, , h \ \n • s• . 4,,,eRA.s0- '' 33.79 • 3 p, . % • BLOCK 0 le • ' ,' �F �' 6 5:.v / h • i µ36:i'J7'f., s�' GG �''•i ; s. e(,. Yh a N3' M. p ipp 'w CI.' Y'7 o' i ° , Ajrrh;try;17r,r'alrsed:a,d ��-•' _ S 8`•t /Y Survey ha 9!,!, r •5 i o.,o t.,Y>r. 's�7 "'•11•p0\ '•' a1" —` r'e, • " .'s= t l . ...-\* li A.,,..9.;i`b \N • Beormgs shown ore assumed 0 Deno(rt iron monument . 31 OCCCMBCR,!99! Q us URBAN '-ILINGINEER1NG,1NC. . a S° 100 700 300 §CALC IN(CET C�0 —En4entot— • • Surveyors— - i g� • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION ND. 82-21 RESOLUTION APPROVING THE PRELIMINARY PLAT • OF EDEN PRAIRIE CENTER 3RD ADDITION BE IT RESOLVED•by the Eden Prairie City Council as follows: That the preliminary plat of Eden Prairie Center 3rd Addition , dated 12/31/81 , a copy of which is on file at the City Hall ' and amended as follows: • 111 • 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. Franc, City Clerk SEAL 193 1 January 19, 1982 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R82-19 APPROVING OF PLANS FOR CSAH #60 FROM CSAH #39 TO VALLEY VIEW ROAD WHEREAS, the Hennepin County Department of Transportation has prepared plans showing proposed alignment, profiles, grades and cross sec- tions for the improvement of CSAH #60 from CSAH #39 to Valley View Road, Project No. 7915 (SAP 27-660-02) WHEREAS, the City of Eden Prairie has reviewed the plans; and WHEREAS, the City of Eden Prairie finds the plans to be consistent with the road improvements proposed in Oevelopment Oistrict #1 for an Economic Development District. NOW, THEREFORE, BE IT RESOLVED BY THE EOEN PRAIRIE CITY COUNCIL that said preliminary plans be approved and that the Hennepin County Depart- ment of Transportation be requested to proceed to the final design phase of the project. FURTHERMORE, the City agrees to provide enforcement for the pro- hibition of on-street parking on that portion of CSAH #60 included in said Project No. 7915 (SAP 27-660-02). ADOPTED by the Eden Prairie City Council on January 19, 1982 Wolfgang H. Penzel, Mayor ATTEST: SEAL i . • /9// • MEMORANDUM TO: Mayor and City Council TNRU: Carl Jullic, City Manager PROI: Bob Lambert, Director of Community Services' DATE: January 12, 1982 SUBJECT: City Trail System Plan Update • On December 1, 1981, the Eden Prairie City Council reviewed a map showing the proposed trail system plan update. The City Council suggested including all proposed recreational trails and made several recommendations for changes or additions to the trail system plan and requested staff to come back with a map including these changes. Enclosed is a copy of a map with the recommended changes. Since the December 1 meeting this plan has been before the Parks, Recreation and Natural Resources Commission and the Planning Commission. City staff recommends approval of this map as a trail system guide plan that should be updated on an annual basis. BL:md • • /95 t MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission TIIRU: Carl Jullic, City Manager FROM: Bob Lambert, Director of Community Services " DATE: January 14, 1982 SUBJECT: Neighborhood Park Shelter Program Design Review In October of 1981, the Eden Prairie City Council approved hiring Schwartz/ Weber Associates as the architectural firm to design a neighborhood park shelter with four model variations to be used in various neighborhood parks through- out Eden Prairie. In November of 1981, the Parks, Recreation and Natural Resources Commission approved a fifteen item program for those neighborhood shelters. The Commission recommended to the Council approval of that program list and a preliminary cost estimate of the building of approximately $40,000 for an eight hundred to nine hundred square foot building. • At the December 1 meeting of the City Council, Council members questioned the need for a $40,000 warming house at neighborhood parks and requested inform 4 ation on the difference between a $10,000 structure, a $20,000 structure and a $40,000 structure. Staff has requested Dick Schwartz to provide the Council with sketches showing the approximate differences in size and design of structures within those price ranges. Mr. Schwartz will he in attendance at the January 18 Parks, Recreation and Natural Resources Commission meeting and the January 19 City Council meeting to discuss options for design of neghborhood park shelters within those price ranges. Staff had anticipated constructing a hockey rink and warming house at Red Rock Park during 1982. An additional hockey rink is not necessary at this time to serve the Eden Prairie Hockey Association. However, the Red Rock neighborhood park is planned for the construction of a hockey rink at sometime. There is presently no hockey rink within the southwest quarter of the City. A warming house or park shelter is not necessary at Red Rock Park until the hockey rink is constructed. BL:md . i .• • I • • • N N O O 49 d 0 k U U U .N N OO N >, > N Sr M • 7 7 U U u0 0 4,0 v 0 VI VI 0 14 yUq W N O N N • t0 0) O H CO U W al O 4/ N U•NW N Fw N K F O N F'F O N D.1N1 N.o 0 8 444H 0 a F 0 40041 0 O O 'O Q)..4 v H•0 i�41 0•-4 H 44 H 3 i)W E.y•.4 0.0 3 yU r4,P O C 0 P.-1•rl O O @@ O P, H _.v 01'OC 44-4 3 W 1) H 0) td H'O0 7 W+. HH•.yyi td H b ? p41.,V,.0 v41 u'd 0 y.� M.••� i) H W u) N 744 -1 i) (4 0 N.-1• _ C'C 13 i� O 10 N u-o N u N ld • oN u'C iJ u N /d .0 O..4 G v d i H O O 4-+ O 14 H I H o o,4 O H y. H341 ? 00 41 u34141N 613 i41u341414, 61d O Q O o Id c o J 0 o. o , W I n 1 t) il a a o°o ii ri_ z a ? . • I i F t =w • • • 04 H ,63 Ooa ao 0 N l I 0 /9 -!. I, • MEMORANDUM TO: Mayor and City Council TIIRU: Carl Jullie, City Manager /J� FROM: Bob Lambert, Director of Community Services" - DATE: January 11, 1982 SUBEJCT: Tax Forfeited Lands The City has received a classification list of non conservation land that has forfeited to the State of Minnesota for non payment of real estate taxes. This list contains five adjoining parcels all located in Section 6; the majority of which was previously known as the Edengate Development Proposal. City staff is recommending acquisition of four of these parcels. A map attached to this memo indicates the location of each parcel and following is a description of each parcel and the reasons for recommending acquisition of each parcel. PIN NO. 06-116-22-14-0001 - This ten acre parcel is located just west and adjacent to the 20 acre tax forfeited parcel that is presently a part of the Woodlawn Heights Develop- ment Proposal. This ten acre parcel is mostly floodplain and has no special assessements against it. PIN NO. 06-116-22-13-0001 - This 20 acre parcel is located just west and adjacent to the previously mentioned tax forfeited ten acre parcel. This 20 acres is mostly flood- plain with a mixture of marsh and wooded areas. This parcel also has no specials levied against it. However, it is also important to the park and open space system for the purpose of the preserving flood storage area and a variety of wildlife habitat. This parcel is also vital to the trail connection that will ultimately connect Dell Road with Duck Lake Road. PIN No. 06-116-22-42-0001 - The majority of this 44 acre parcel is also floodplain and is comprised of a mixture of marsh and wooded areas. However, this 44 acre parcel does contain 2 areas of developable property, totalling approx- imately 5 acres. The largest area is a 3-4 acre hill that is located in the northwest portion of this site just cast of Dell Road. Another one to two acres of developable higher ground is located in the southeast portion of the site just northeast of the cul-de-sac on Ticonderoga Trail. The high ihill located in the northwest portion of this site will provide a very nice scenic vista area overlooking this large portion of the Purgatory Creek Floodplain. A very nice picnic area could be developed on this site. As per a developers agreement with the previous property owners all of /98 ♦r _ • -2- the specials from this parcel were to be levied on the parcel 31-0002 located just cast of this site. PIN NO. 06-116-22-31-0002 - This 36 acre site is the high rolling developable portion of the Edengate Development Proposal. Approximately 3 acres of the 36 have been taken by the development of Dell Road. There is approximately 29 buildable acres remaining on this site. However, there is approximately 33 acres remaining for density purposes. There is a total of $276,263 of special assessoments against this property, which breaks down to a cost of $8,371 per acre. City staff recommends the Council approve the public sale of this parcel. PIN No. 06-116-22-34-0002 - This 17 acre site has approx- ' imately $15,000 of specials levied against it at this time for the construction of Dell Road. Dell Road bisects this parcel generally from north to south. Purgatory Creek bisects this parcel generally from east to west. There • arc 2 developable areas within this parcel; one area is in the northwest corner along Duck Lake Road; the other is in the southeast corner on the property surrounding the existing lot on the north side of Duck Lake Trail. The City has yet to pay for road right-of-way through this parcel and had anticipated paying approximately $11,000-$12,000 for road right-of-way; therefore, staff recommends acquisition of this parcel for road right-of-way purposes, as well as 11- preservation of the floodplain. Staff recommends the Council approve Resolution No 82-20 authorizing • application for acquisition of the four parcels with the following PIN numbers: 13-0001, 14-0001, 42-0001 and 34-0002, as well as approving the public sale of the fifth parcel PIN No. 31-0002. DL:md • ti. I99 ....T__ t \—_ ' I — 1 .. .7,,L.,..I,l,';''. • ,.,.„,,,,.„„.,,„ _.,„,...... \c-r ..i\„:'‘";.;•‘, i' ':i,•. ':..'1 f'- :----Po-r-N-a*.'.1.1•,.-Y,'..-.:'1'\,':,7.,•.:,•;;.1 •!41��'i --- - -- , i 1 /., �K, '' '?i ,:v,,... .., ,.,,,. — 13-cool 1,„...Lt:0.1.„ 1,, , f ., ^,.i t 'r �.arrx�r, 7.,iewr, ,) -,,,,-„,„-„,-,: ,,,,.,,. jj IL'i ' ' 1 ) I.„( 4 4, rJ �:�! P^ i o I i. - G \ 96 ewte yH • 1 � 7:`..(F1 Ili �lT. .Al.):I: Nii II' �� �{j ; "" I `�> ,Syr\o021 f4\1 �� 1 fsr-fl ► 'll iwjj "`1... it j%111_'' 1,:i1::1(.'. ..-c-'t:....-::,r.› .','-: ,,,...". ?..:\,:;<\. ::•:.A1:>::':',..7 . /.;;'''''' ..S if: r.,':.0:,-,...,'4„,..._!..; -,.,,,,r% + `3 <-,..-4 r- _. ,.{f \ ' % 1,, `! \,:c4 ! l--I ,:.IY�V•_ 1•C_.--.) I'I I., ,,... I:I S, i-•-r3 - / , r. .? ,' rr � L1r1 •-, PRA19F VIEW � ,��;.'\ ,k. - 1 t ti 1 la 1/ _ H. ` .` .- it.: .a,., , FEEM.5C p ', _ M _ 1i r ,., '' `I1 z \... .` +1 I 1 l • CITY OF EDEN PRAIRIEItHENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-20 A RESOLUTION AUTHORIZING THE ACQUISITION OF TAX FORFEITED LAND FOR PUBLIC OPEN SPACE AND ROAD RIGHT-OF-WAY • WHEREAS, the City Council of the City of Eden Prairie has received from the County of Hennepin a list of lands in said municipality which became the property of the State of Minnesota for non payment of real estate taxes, which said list has been designated as Exhibit A attached hereto, and WHEREAS, provided in Minnesota Statutes 282, the City Council is asked to approve the public sale of these parcels or to indicate which • parcels the City wishes to acquire for public use, and WHEREAS, the City desires to obtain title to Parcel 06-116-22- 34-0002 for public road purposes and preservation of public open space, and WHEREAS, the City desires to obtain title to Parcels 06-116-22- 14-0001 and 06-116-22-13-0001 and 06-116-22-42-0001 for preservation It, of public open space for park purposes, and WHEREAS, the City has determined that Parcel 06-116-22-31-0002 would not be of benefit to the City for public use, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Eden Prairie does approve the sale of the Parcel described as follows: PIN No. 06-116-22-31-0002 • BE IT FURTHER RESOLVED, by the said City Council that the City desires to obtain title to the Parcels described as follows: PIN No. 06-116-22-14-0001 PIN No. 06-116-22-13-0001 PIN No. 06-116-22-42-0001 PIN No. 06-116-22-34-0002 ADOPTED by the City Council of the City of Eden Prairie on this 19th day of January, 1982. ----------------------- Wolfgang H. Penzel, Mayor j 11 ATTEST: John D. Prane, City Clerk SEAL ;Zo1 • .f • • EX11IBIT A • TAX-FORFEITED LAND CLASSIFICATION LIST .661NC , - . 1 I ` • EDEN PRAIRIE i i I • f i 1 FORF. DISTRICT PLAT PARCEL ADDRESS 1 l PIDI DATE 61 56706 2225 19640 Duck Lake 'r 06-116-122-31L0002 10-20-8 I2600 • 131 0001 li 2800 1 14� 0001 " j I 4025 I { i 42-0001 " 1 4219 1 34I0002 " . 1 i .__ .. • • •• .... •• . 1 . ! _.. _ i 1,... .. _ . .. • . 1 • • , • • ' , 1 MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: January 14, 1982 SUBJECT: Staring Lake Park Shelter Schematic Design Approval In October of 1981, the Eden Prairie City Council authorized hiring of Schwartz/Weber Associates as the architectural firm to design a Staring Lake Park Shelter. This park shelter is scheduled for construction during the spring of 1982 and is proposed to serve as a year-round building; serving as a warming house for the public using the cross country ski trails, the sliding hill and the skating rink in Staring Lake Park during the winter months, as well serving as a picnic shelter during the spring, summer and • fall. The program for this shelter included a heated warming house room/meeting room of a minimum of 600 sq. ft. Restrooms were to be constructed with the facilities stubbed in for future installation when water and sewer are avail- able. Staff also requested approximately 1,000 sq. ft. of open sided shelter space (covered by a roof only). The proposed budget for this facility was $60,000. Mr. Schwartz has provided a schematic design for this park shelter for Commission and Council review. Mr. Schwartz will be in attendance at the January 18 Commission meeting and the January 19 Council meeting to answer any questions the Commission or Council members may have regarding this schematic design. Staff is requesting Council approval of the schematic design and authorizing the architiect to proceed with plans and specifications for this facility. The tentative dates for proceeding with this project are as follows: . advertise for bids February 11 and 18 receive bids March 9 at 2 p.m. . Council to award bids March 16 . begin construction April 15 . finish construction August 15 • This project is a part of the 1979 Park Bond Referendum commitment. BL:md a03 • at fe . e o' I III OP4UN1WF p. - : MI .._,,,T O q Y - ,. t • CL O fi+ • u; # .. - 4" ..i. r s4 1 N b•, ,:,-- • , % I 1 __ • avy T . F3 j$ Ilr .JtK f I 'y ] ?. " . i - r. 1- i r t L - Ill 1�1i ...(`- _ 111 -.� • iii ! 2\~IDI i. ��_a..: ii 1 —:' l ( i -, . '1 r-1 f f- . • ---{ 3 , r--f 1 •