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HomeMy WebLinkAboutCity Council - 04/06/1982( SDAY, APRIL 6, 1982 COUNCIL MEMBERS: COUNCIL STAFF: EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen City Manager Carl Jullie; City Attorney Roger Pauly; Finance Director Jonn Franc; Planning Director Chris Enger; Director of Public Works Eugene A. Dietz, and. Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Regular City Council Meeting held Tuesday, March 16, 1982 Page 488 B. Canvassing Boaro Meeting held Tuesday, March 16, 1982 Page 489 C. SE2cial City Council Meeting held Tuesday, March 23, 1882 rage 480 D. Special City Council Meeting held Tuesday, March 30, 1982 Page 491 III. CONSENT CALENDAR A. Award bids for mowers B. Clerk's License List Page 492 Page 493 C. Receive feasibility report for Golden Ridge Utilities and set Public Page 494 Hearing for 7:30 PM. May 4, 1982, I.C. 52-008 (Resolution No. 82-61) D. Receive feasibility report for Utility Improvements on Kilmer Avenue and Atherton Way and set Public Hearing for 7:30 PM, May 4, 1982, I.C. 52-013 (Resolution No. 82-62) E. Receive feasibility report for Ontario Blvd./Storm Sewer Ifprovements and set Public Hearin_Ifor 7:30 PM, May 4, 1982, I.C. 52-2988 TKesolution No. 82-63)- F. Agreement between the City of Eden Prairie and Woodlake Sanitary Services, Inc. IV. PUBLIC HEARINGS A. SHERATON INN (Eden Glen PUD) by P & L Investment Company. Request to Page 443 rezone from Rural to Regional Service Commercial District and preliminary plat the property for a Sheraton Inn which property is part of the Eden Glen Planned Unit Oevelopent. 5 acres located south and east of Eden Road and west of Glen Road (Ordinance No. 82-05 - rezoning; and Resolution No. 82-50 - preliminary plat) Continued from March 16, 1982 Page 495 Page 496 Page 497 City Council Agenda - 2 - Tues.,April 6, 1982 B. LAKE EDEN CARRIAGE HOMES by Zachman Homes, Inc. Request to rezone Page 455 & and preliminary plat 8.7 acres from Rural to RM 2.5 which land is part 500 of the Edenvale South Planned Unit Development (PUD 73-11). Included with the zoning area variances for setbacks and the use of wood as an exterior material. Located north of Anderson Lakes Parkway and east of Darnel Road (Ordinance No. 82-06 - rezoning; and Resolution No. 82-51 - preliminary plat) Continued from March 16, 1982 C. CITY WEST PHASES 1 - 3 by Richard W. Anderson, Inc. Request for approval Page 501 of rezoning from Rural to Office District and preliminary plat of part of the City West Planned Unit Development. Included in the Public Hearing on the proposed preliminary plat will be the consideration of the granting of variances, pursuant to Sec. 11 (relating to Planned Unit Developments), Ord. 135 from the provision of said ordinance applicable to the Office District. Located east of New Shady Oak Road (Co. Rd. 61) and south of Crosstown 62 and west of US 169/212 (Ordinance No. 82-07 - rezoning; Resolution No. 82-60 - preliminary plat) D. Public Hearing to consider request of Canterbury Restaurant, Inc. Page 539 (Chester's) for a liquor license Located at 7765 Mitchell Road E. Vacation of Easements in Cardinal Creek Page 565 F. Feasibility report for Mariann Drive Utility Improvements, I.C. 52-017 Page 566 (Resolution No. 82-65) G. Feasibility report for Martin Drive Drainage Improvements, I.C. 52-007 Page 567 TResolution No. 82-64) ( V. PAYMENT OF CLAIMS NOS. 1001 - 1269 VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by Lion's Tap, Inc. to allow selling of beer at 10:00 AM on Sundays VII. REPORTS OF ADVISORY COMMISSIONS VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members 1. Proclamation declaring May 7th as "Bob Carling Day" B. Report of City Attorney C. Report of City Manager D. Report of Director of Community Services 1. Community Center Policies a) Racquetball Court Fees b) Policy on meeting room use c) Membership for foreign exchange students 2. Quotes on roof for Grill House 3. Staring Lake Park Shelter Page 575A Page 576 Page 580 Page 568 Page 575 City Council Agenda - 3 - Tues.,April 6, 1982 4. LAWCON application for 1983 E. Report of City Engineer 1. Award contract for Autumn Woods, Phase I, I.C. 52-016A (Resolution No. 82-66) 2. Modern Tire water service (Resolution No. 82-67) 3. Administrative split of part of RLS No. 751 on Sunnybrook Road west of Homeward Hills Road; request by R. J. Ekert 4. Schooner Blvd. Grading and Access (Resolution No. 82-68) 5. Edenvale land alteration permit IX. NEW BUSINESS X. ADJOURNMENT. Page 582 Page 583 Page 584 Page 585 Page 586 Page 587 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 16, 1982 COUNCIL MEMBERS: COUNCIL STAFF: 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Service Bob Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: all members were present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following changes were made in the Agenda: III. E. Insurance commitment for AMBAC for the S18,000,000.00 tax increment financing bonds was removed from the Consent Calendar and became VII. C. 1.; III. F. Amendmebt. 1 Lo Economic Develop- ment District No. 1. reducing the size of District No. 1. (Resolution No. 82-56) was removed from the Consent Calendar and became VII. C. 2. The following item was added to the Agenda: VII. A. Penzel - I. Speed Limits on Valley View Road and VII. A. Penzel - 2. Letter to Secretary of State Joan Growe. MOTION: Redpath moved, seconded by Bentley, to approve the Agenda as amended and published. Motion carried unanimously. II. MINUTES A. Minutes of the Joint City Council/Planning Commission/Parks, Recreation & Natural Recources Commission Meeting held Tuesday, March 2, 1982 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Joint City Council/Planning Commission/Parks, Recreation F. Natural Resources Commission Meeting held Tuesday, March 2, 1982, as published. Motion carried unanimously. B. Minutes of the Regular City Council Meeting held Tuesday, March 2, 1982 MOTION: Tangen moved, seconded by Edstrom, to approve the Minutes of the Regular City Council Meeting held Tuesday, March 2, 1982, as published. Motion carried unanimously. Lib?) 4 56 oL City Council Meeting -2- March 16, 1982 C. Minutes of the Special City Council Meeting held Tuesday, March 9, 1982 MOTION: Redpath moved, seconded by Tangen, to approve the Minutes of the Special City Council Meeting held Tuesday, March 9, 1982, as published. Motion carried with Edstrom abstaining. III. CONSENT CALENDAR A. Request authorization to prepare plans and specifications and advertise for bids for the construction of two tennis courts and a multi-use court at Staring Lake Park and at Hidden Ponds Park B. Authorize removal of Schaitberger House C. Award bids for selling and moving of the Wineberq House D. Request to set Public Hearing to consider liquor license for Canterbury Res- taurant, Inc. (Chester's) for April 6, 1982 E. Insurance commitment for AMBAC for the $18,000,000.00 tax increment financing bonds - becomes VII. C. 1. F. Amendment Al to Economic Development District No. 1 reducing the size of District No. 1. (Resolution No. 82-56) - becomes VII. C. 2. G. Final approval for Municipal Industrial Development Bonds in the amount of $2,000,000.00 for ITT Schadow (Resolution No. 82-55) H. 2nd Reading of Ordinance No. 82-03, rezoning Mitchell Lake Estates from Planned Study to Office and approval of Developer's Agreement, 4.2 acres in southwest corner of TH 5/Co.Rd. 4: and Resolution No. 82-57, denying the 2nd Reading of Ordinance No. 80-01, rezoning from Planned Study to Office and RM 2.5 for COR I. Clerk's License List J. Change Order for the Community Center K. Receive petition for improvements to 76th Street west of Washington Avenue and authorize the preparation of a feasbility report, IC, 52-031 (Resolution No. 82-52) L. Set Public Hearing for vacation of Titus Road north of West 78th Street for April 20, 1982, at 7:30 p.m. M. Authorize preparation of an updated feasbility report for Ontario Blvd. (conneCt- ing TH 5 to existing Ontario Blvd. and Bittersweet Drive), I,C, 51-298B (Reso- lution No. 82-53) N. Change Order No. 3 for Water Plant Addition, I.C. 51-354, Contract No, 4 0. Final plat approval for Mitchell Lake Estates 2nd Addition (COR project west of SuperAmerica) (Resolution No. 82-54) MOTION: Redpath moved, seconded by Bentley, to approve items A - D and G • 0 on the Consent Calendar. Motion carried with Penzel voting "no" on item G, City Council Minutes -3- March 16, 1982 IV. PUBLIC HEARINGS A. FRANLO ROAD CONDOMINIUMS by_ Prairie Lakes Corporation. Request to rezone and preliminary plat approximately 13.3 acres from Rural to RM 2.5 for con- struction of two 3-story condominiums for a total of 172 units. Located west of Preserve Blvd. and north of Franlo Road (Ordinance No. 82-04 - re- zoning; Resolution No. 82-34 - preliminary plat) - Continued from February 16, 1982. Larry Peterson of The Preserve spoke to the proposal. He introduced Doug Moe of James R. Hill & Associates, architects for the project, who was available to answer questions. Peterson noted that in the original proposal for The Preserve 4400 living units were projected of which 29% were to be single family detached, 22% single family owner-occupied dttached units and 45% a combination of elevator and garden apartments, The proposal before the Council this evening would bring the total number of units to 1682; with the addition of a proposal which will soon come before the Council, the total number of units in The Preserve will be about 1860, Of these 32% are single family detached, 45% are single family owner-occupied attached units, and 23% are rental units (apartments.) Planning Director Enger stated the Planning Commission had reviewed the proposal at its January 25, 1982, meeting at which time it recommended approval of the preliminary plat and rezoning from Rural to RM 2.5 by a 6-0 vote. Appro- val was subject to the recommendations included in the Oanuary 22, 1982, Staff Report. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed the proposal at its February 1, 1982, Meeting and had recommended approval subject to the conditions included in the January 22, 1982, Staff Report with the addition that the tot lot would be constructed during the first phase of construction and when the second phase association is formed, the two homeowners' associations would assume mututal responsibility for the operation and maintenance of the tot lot. Edstrom asked if any consideration had been given to passive solar energy. Moe said this was not really feasibile with this many units. The building has been designed in excess of energy codes. Bentley inquired as to whether or not any diversity in type of buildings had been considered since there are several of this type under construction and/or proposed in The Preserve. He added there is a certain institutional look about them. Peterson said economics enter into the design; the color of the brick will be different. Bentley asked if anyone had contacted the owner of the property to the north about the grading plan for the site and its effect on that property. Peterson said they had and the grading plan does fit in with the overall plan for the Hennepin County Library. q t,)s 18 City Council Minutes -4- March 16, 1982 The question of storm drainage ponding was raised by Bentley. Moe said that portion of the project was planned by Jim Hill and he was not familiar with what was to be done. Enger said he would check further on what is scheduled. Bentley said at times Preserve Boulevard is inundated with water. Penzel asked if there are any plans to upgrade Preserve Boulevard. Jullie said a capital improvements program is under study and this will determine where state aid funds will be used; Preserve Boulevard is a state aid road. Penzel asked Moe about the parking proposed. Moe said there will be total of two parking spaces per unit; there will be 218 garage units and 126 out- side units. There is room for additional parking should more be needed. Edstrom noted the turning radius problem at the Preserve Boulevard and Schooner Boulevard intersection. He asked that the possibility of opening the "free right turn" which is partially connected be looked into by Staff. Edstrom asked the proponent to look into active solar energy alternatives. Penzel suggested perhaps solar energy might be used for domestic hot water. Bentley asked Staff to make a general review of parking requirements -- not only in conjunction with this proposal, but with others before the Council. Penzel requested the Developer's Agreement include a statement referring to the fact the developer is willing to provide additional parking, if needed. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and the give 1st Reading to Ordinance 82-04, rezoning 13.3 acres from Rural to RM 2.5. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 82-34, approving the preliminary plat and directing Staff to draft a Developer's 'Agreement encompassing the recommendations included in the Staff Report, those of the Planning Commission and Parks, Recreation & Natural Resources Commission, and the recommendations of the Council. Motion carried unanimously. B. SHERATON INN (Eden Glen PhD) by P & L Investment Company. Request to rezone from Rural to Regional Service Commercial District and preliminary plat the property for a Sheraton Inn which property is part of the Eden Glen Planned Unit Development. 5 acres located south and east of Eden Road and west of Glen Road (Ordinance No 82-05 - rezoning; and Resolution No. 82-50 - prelim- inary plat.) MOTION: Edstrom moved, seconded by Bentley, to continue this item to the April 6, 1982, meeting at the request of the proponent. Motion carried unanimously. City Council Minutes -5- March 16, 1982 C. LAKE EDEN CARRIAGE HOMES by. Zachman Homes, Inc. Request to rezone and pre- liminary plat 8.7 acres from Rural to RM 2.5 which land is part of the Eden- vale South Planned Unit Development (PUD 73-11.) Included with the zoning are variances for setbacks and the use of wood as an exterior material. Located north of Anderson Lakes Parkway and east of Darnel Road (Ordinance No. 82-06 - rezoning, and Resolution No. 82-51 - preliminary plat.) Steve Ryan, representing Zachman Homes, Inc., addressed the proposal. The proposal is for 64 units of 8 - 8 unit condominiums. Ryan said the plan uses extensive berming and landscaping to screen the development from adjacent single family homes. The grading includes some cut and reusing the fill in the south- east part of the site. Director of Planning Enger said the proposal had been reviewed by the Planning Commission at its February 22, 1982, meeting at which time the Commission voted (5-0-1) to approve the request to rezone and preliminary plat the 8.7 acres. This approval was subject to the recommendations contained in the Staff Report dated February 17, 1982 with the changes as noted in the Planning Commission Minutes. Enger said comments from the Daluges whose driveway is across from the Darnel Road entrance to the site had been received; Enger and Director of Public Works Dietz had reviewed the problem at the site. Enger noted their findings. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed the proposal at its March 1, 1982, meeting and had voted to recommend approval subject to the recommendations of the February 17, 1982, Staff Report except that a tot lot, in its opinion,is not needed. Bentley asked what the distance is between the cul-de-sac and the proposed entrance from Darnel Road into the proposal. Enger said 110. Bentley asked why the entrance does not line up with the cul-de-sac. Enger said that would have put the roadway on the lot line with the house to the north. Edstrom asked what the impact would be on Anderson Lakes Parkway from the traffic generated by this development. Dietz said no problems are antici- pated; single family driveways onto Anderson Lakes Parkway are discouraged. Penzel said he did not think the parking as proposed is adequate. Ryan stated they have found it to be more than adequate in other areas within the metro- politan area. Willard Daluge, 8795 Darnel Road, owner of the home which would be most affected by the north entrance to the property, would like to see all traffic confined to the Anderson Lakes Parkway entrance. John Lillicrap, 8579 Darnel Road, presented a petition from the Lake Eden and Ridgewood residents (petition is attached to these minutes.) In addition to the issues raised in the petition, Lillicrap said residents are concerned about the color of the buildings, the parking, and the tot lot. City Council Minutes -6- March 16, 1982 Barbara Hopson, 8770 Darnel Road, asked what provision there is for storage of boats,. snowmobiles and the like. Ryan said the garages are longer and there is space available within each unit for storage. He stated it is not practical or economically feasible for a builder to provide storage for everthing. The homeowner's association will have documents covering outside storage. The question of on-street parking was discussed. The location of the off- street parking within the proposal was questioned by members of the Council and areas where additional parking might be included was discussed. Bob Lamoreaux, 8905 Danel Road, noted if Anderson Lakes Parkway is widened to four-lanes, the berm on the southern part of the site will have to be removed. Enger stated the berm can be built on private land and not in the right-of-way. Edstrom asked if Anderson Lakes Parkway is scheduled to be a divided parkway with a center median. Dietz said nothing has been designed as yet and judging from the traffic counts one is not necessary at this time. Edstrom inquired as to the guidelines for building totlots in view of the fact that the Planning Commission requested one and the Parks, Recreation & Natural Resources Commission indicated one was not necessary. Enger said the Planning Commission had gone on the premise that one tot lot is necessary for every 50 units particularly so in an area where there is little individual space for children. Ryan said the units will be about 870 square feet, two bedroom units; they have found that these units have very few children in them. D. W. Cornett, 8745 Darnel Road, noted if Anderson Lakes Parkway is a divided highway it would force more traffic onto the northern entrance and consequently onto Darnel Road. Joe Corning, 8813 Darnel Road, said he is tired of living with construction messes and wondered how long this will continue, David Ness, 8920 Darnel Road, said he is concerned about the emergency vehicles being able to get in and out of the area of the carriage homes if parking is allowed on the interior street. Daluge said his property would have no protection and would get all the debris from the proposed area. He also expressed concern about the noise which would be generated. Lillicrap asked if all the units had to be the same color. Ryan said it is a small number of buildings and they would like to have them all the same color. Redpath suggested the developer meet with the neighbors to determine ' a color which would be acceptable to both sides since they are the ones who would have to live with the decision. Lillicrap asked if the City is certain a school will be built to the east of the site. Penzel said there is no way, from a legal standpoint, that the City can made that determination -- that is a School Board decision. 08- 4- City Council Minutes -7- March 16, 1982 Tangen asked when the Lake Eden Park would be developed. Lam b e r t s a i d t h e Park has been graded and will be seeded this Spring. A ball f i e l d h a s been developed on the school site. Playground equipment will be i n s t a l l e d t h i s summer on the west end of the park site. Bentley asked how Ryan would respond if no berm was allowed o n C i t y r i g h t - o f - way but still required; if no parking was allowed on the inte r i o r r o a d b u t adequate parkin' had to be provided; and if the northern entr a n c e w e r e t o b e realigned. Ryan said he had no problems with redesigning the b e r m , s o l u t i o n s to the question of parking can be looked into -- as to whethe r o r n o t p a r k i n g is adequate becomes a subjective question; the impact of traf f i c , n o m a t t e r w h e r e the entrance, is going to affect at least one residence on Da r n e l - - t h i s h a s been studied in great detail. Edstrom expressed concern about Anderson Lakes Parkway traff i c . R e d p a t h s a i d he is concerned about parking -- he would not like to see any a m e n t i e s t a k e n away from the project. Tangen said perhaps credit for curb s i d e p a r k i n g c o u l d be deleted. He also concurred the tot lot could be eliminated. MOTION: Redpath moved, seconded by Tangen, to continue this it e m t o t h e A p r i l 6, 1982, meeting so the issues raised this evening might be cl a r i f i e d . M o t i o n carried unanimously. D. COMMUNITY DEVELOPMENT BLOCK GRANT (C.D.B.G.) A public hearing to obtain the views of citizens on local and urban County housing and commun i t y d e v e o p m e n t needs and to provide citizens with the opportunity to comment o n t h e U r b a n Hennepin County Statement of Objectives/1982 and the City of E d e n P r a i r i e ' s proposed use of Year VIII Urban Hennepin County Community Deve l o p m e n t B l o c k Grant Funds. City Manager Jullie noted the purpose of the public hearing is t o a s s i s t t h e Council in determining the disbursement of $66,000 in funds. Planning Director Enger stated the Planning Commission recomm e n d e d t h e f o l l o w i n g allocation of funds: $26,000 to the restoration of the Cummin s - G r i l l H o u s e , $5,000 to be allocated to the low and moderate income single f a m i l y r e h a b i l i t a - tion program, and the remainder to be banked toward the elder l y h o u s i n g d e v e l o p - ment fund. The Parks, Recreation & Natural Resources Commissi o n r e c o m m e n d e d a matching fund be set up for up to $50,000 towards the restorat i o n o f t h e Cummings-Grill House and that be availabe to be matched one f o r t w o u p t o $100,000 in private contributions; they also suggested the re m a i n d e r b e b a n k e d for senior citizen elderly housing. The Human Rights & Servi c e s C o m m i s s i o n suggested the money be banked for the provision for elderly h o u s i n g o r b e u s e d to maintain projects which have already been funded with Comm u n i t y D e v e l o p m e n t Block Grants such as parks, trails, senior center; or to have t h e m o n e y s p e n t on local projects which have been or might have to be cut due t o f u n d i n g c u t - backs. The Historical & Cultural Commission has recommended t h e e n t i r e u s e o f the $66,000 for the restoration of the Cummins-Grill House. E n g e r r e c o m m e n d e d the grant be used as a development incentive for elederly hou s i n g a n d t h a t t h e entire amount be banked for elderly housing. City Council Minutes -8- March 16, 1982 Tangen asked how much would be needed for an eld e r l y h o u s i n g p r o j e c t i n t h e City. Enger said it would be hard to provide re n t a l h o u s i n g f o r t h e e l d e r l y at this time due to the high interest rates. Th e $ 2 6 6 , 0 0 0 m i g h t b e u s e d t o provide utilities to the site or it might be use d t o p u r c h a s e l a n d , b u t i t would be used as a means of bringing down the co s t o f t h e p r o j e c t . Bruce Brill, 7041 Willow Creek Road, chairman of t h e H i s t o r i c a l & C u l t u r a l Commission, spoke to the Commission's request for e s t a b l i s h m e n t o f a R e s t o r a - tion Committee. He said they would like 1) an ad h o c c o m m i t t e e t o r e s t o r e the Cummins-Grill Homes; 2) to form a group withi n t h i s c o m m i t t e e t o r a i s e t h e funds necessary to restore the House; and 3) to h a v e $ 6 6 , 0 0 0 i n f u n d s f r o m t h e Community Development Block Grant allocation for r e s t o r a t i o n o f t h e C u m m i n s - Grill House. MOTION: Redpath moved, seconded by Bentley, to cr e a t e a R e s t o r a t i o n C o m m i t t e e of nine people. This Committee will be responsib l e t o t h e C o u n c i l . T h e C o m m i t - tee will send all recommendations to the Historic a l & C u l t u r a l C o m m i s s i o n f o r their concurrence before forwarding same to the C o u n c i l . S a n d y W e r t s w i l l b e the Staff liaison. Motion carried unanimously. Helen Richter, 7571 Bittersweet Drive, member of t h e H i s t o r i c a l & C u l t u r a l Commission, questioned the need for two historic a l h o u s e s . S h e e x p r e s s e d concern about the financial burden this might cr e a t e f o r t h e C i t y . S h e noted that Bloomington has one historical house, E d i n a h a s o n e w h i c h i s i n private ownership, and Minnetonka has one Bentley said there was no chance to save anything in Bloomington, the bulldozers m o v e d v e r y f a s t . R e d p a t h said if there is a group of people willing to pu t t h e e f f o r t i n t o s e e i n g t h e Cummins-Grill House restored, it should be given t h e o p p o r t u n i t y t o d o s o . Brill said the Committee feels it can raise $100, 0 0 0 . MOTION: Tangen moved, seconded by Edstrom, to au t h o r i z e t h e R e s t o r a t i o n Committee to raise funds for the restoration of t h e C u m m i n s - G r i l l H o u s e . Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to a u t h o r i z e S t a f f t o g e t b i d s on a sawed shingle roof for the Cummins-Grill Ho u s e a n d t o d i s b u r s e u p t o $15,000 for a new roof. Motion carried unanimou s l y . Tangen asked about the program for rehabilitatio n o f l o w a n d m o d e r a t e i n c o m e single family homes. Eager said this program is l a r g e l y t o m a k e h o m e s m o r e energy efficient and although it has not been us e d e x t e n s i v e l y i t h a s b e e n utilized. Redpath noted that Southwest Hennepin Human Servi c e s h a s a H . O . M . E . p r o g r a m which serves Eden Prairie and has requested $2500 . T h i s p r o g r a m p r o v i d e s s e r - vices such as changing storm windows, minor repai r s , e t c . , t o s e n i o r c i t i z e n s at a low cost provided by other senior citizens. MOTION: Bentley moved, seconded by Edstrom, to cl o s e t h e P u b l i c H e a r i n g a n d to allocate $15,000 for the roof at the Cummins-G r i l l H o u s e , $ 5 , 0 0 0 f o r t h e program to rehabilitate low and moderate income s i n g l e f a m i l y h o m e s , $ 2 5 0 0 for the H.O.M.E. program, and $43,500 for the dev e l o p m e n t o f e l d e r l y h o u s i n g . Motion carried unanimously. City Council Minutes -9- March 16, 1982 V. PAYMENT OF CLAIMS NOS. 10788 - 11030 MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos. 10788 - 11030. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - Request for establishment of a Restoration Committee. See item IV. D. VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Penzel - 1. Speed Limits on Valley View Road: Penzel stated he had received a letter from Wendy Heimbuch, 16860 Harrogate Drive, requesting the speed limit on Valley View Road east of Hidden Ponds I be raised. The matter was referred to City Manager Jullie for his recommendation. 2. Letter to Secretary of State Joan Growe: A letter has been written to Secretary of State Joan Growe regarding the discrepancies in the reapportion- ment plan. A copy of the letter is attached. MOTION: Tangen moved, seconded by Redpath, to have all members of the Council sign the letter. Motion carried unanimously. B. Report of City Attorney Penzel stated City Attorney Pauly wishes to meet in closed session with the Council after tonight's meeting to discuss settlement of pending litigation. C. Report of City Manager 1. Insurance commitment for AMBAC for the $18,000,000.00 tax increment financinc bonds - (formerly III. E.) William Fahey, Ehlers and Associates, stated this insurance made the bonds salable. Negotiations have been going on with AMBAC to reduce the rate of the insurance. Arlin Waelti and Dick Graves, representing O'Connor & Hannan, were also present. MOTION: Edstrom moved, seconded by Bentley, to authorize the Mayor and City Manager to sign the formal application for the insurance on the bonds. Motion carried unanimously. City Council Minutes -10- March 16, 1982 2. Amendment #1 to Economic Development District No. 1 reducing the size of Diwict No. 1 (Resolution No. 82-56)— - (formerly III. F.) Arlin Waelti, O'Connor & Hannan, spoke to the need for the Amendment which will eliminate those parcels on which there is no development. Fahey noted this will probably be an on-going process. Waelti said there is the need for a meeting to amend the District prior to the final sale of the bonds. City Manager Jullie suggested March 30th as a date. MOTION: Tangen moved, seconded by Redpath, to set March 30, 1982, at 6:30 p.m. as the date and time for a special meeting of the City Council. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 82-56, calling for a Public Hearing for the modification of the development program for Development District No. 1 and the Tax Increment Financing Plan for the Economic Development Tax Increment District therein and for the establish- ment of proposed Tax Increment District No. 2 and the adoption of a tax increment financing plan relating thereto. Motion carried unanimously. D. Report of Director of Community Services 1. Policy on Racquetball Leagues at Community Center Director of Community Services Lambert spoke to his memorandum of March 11, 1982, in which the policy on racquetball leagues was discussed. The consensus of the Council was to go with the recommendation of the Parks, Recreation & Natural Resources Commission: racquetball leagues should be made up of only people who live or work in Eden Prairie and that leagues would only be offered during non-prime time hours. 2. Approve bids for Staring Lake Park Shelter Andre Latondresse, representing the architect for Staring Lake Park Shelter, discussed the various alternatives open to the City. MOTION: Edstrom moved, seconded by Tangen, to authorize Staff to nego- tiate with the low bidder alternatives to reduce the cost of the Staring Lake Park Shelter including exterior wall materials and exterior painting; and to award the bid to Hasting Builders. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VIII. NEW BUSINESS There was none. City Council Minutes March 16, 1982 IX. ADJOURNMENT MOTION: Redpath moved, seconded by Penzel, to adjourn the meeting at 11:40 p.m. Motion carried unanimously. The Council recessed to meet as the Canvassing Board. Upon adjournment of that meeting, the Council reconvened in private session to discuss settlement of pending litigation. MOTION: Redpath moved, seconded by Tangen, to instruct Staff to settle the litigation (Jankes vs. City of Eden Prairie, et al) as set forth in the March 12, 1982, letter from Attorney Herbert C. Davis. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. jo DA4.441'W- A-v-Ur • g‘ A 152 t-vv (M1/11< R4. (-69 c 2- 1311. "55 u a a c,,&aJL S5 n S 4/11,;„ne4 oplt go ecte ,i .4",e/f .4kct 4g-ste 1 21. To: The Council of the City of Eden Prairie. We, the undersigned residents of the Lake Eden "Ridgewood" development have the following very real concerns about the multi-family dwellings at present being proposed by Zachman Homes for construction on outlot C, Lake Eden on the northeast quadrant of the junction of Anderson Lakes Parkway and Darnel Road. 1. It is our understanding that the proposal is for this development to be completed in phases. We are concerned that all earthmoving and landscaping with reasonably mature greenery be completed before the actual home construction begins. Eachman should undertake the maintenance of such greenery until construction is completed. 2. We are concerned that only a superficial attempt has been made by Zachman Homes to integrate this new development into the existing tone of the neighborhood. We feel there should be higher berms between the existing properties and the new develop- ment, and we would like to be assured that the exterior finishes (i.e. paint scheme, surfacing, etc.) will be entirely consistent with the earth tones of the existing properties. 3. We are concerned that inadequate provision has been made for resident parking on the new development. We. feel that this will give rise to residents' vehicles being parked outside the development, particularly during the winter. We would like an undertaking from both the Eden Prairie City Council and Zachman Homes that this will notbe allowed to happen. 4. We are concerned that the exiting road network and traffic controls will become overloaded with the advent of a minimum of 64 new cars. We feel a four way stop at the junction of Anderson Lakes Parkway and Darnel Road is a minimum requirement based on the number of children already resident in the neighborhood. We thank you for your time. ./(jet_ren Q - L oeraFiX 4=" ANee.- ea _yr p-ouCkbt'ow,516 cta (oy ba,(net E14.1( 41" c"{-)00-4.te La (-dr - sac , tULz-crU€L- 51,11 (a LL4- f,pr2ecte t-/ 2 - - ° A A A C $7 to Sloo arvEL Ed 1 De „„,i P )3 73-6 i g 1160 'tom) AAA Extrs Fan t;its Aft/Ley 100040 A Oblkk)L1 IA A'S flea , - it is eu tuis....1 A su#a 1.; at AA) OICILuss reze m n eniviric baorcukisi ffiCk6 /6 No icnsod enddo, fur 17 Id ild: Cuk4,4-cdtas ok. Ai VOL ), trminom crwcto ft, cots! Addr<-65 8750 1470 C8/70 Sitto -DZ.,rtkel2 (2A. S14 0 3cti-NEL. kt ei-P (r/W' apt4 0:12et 4.)c ;Mc /tic egt un-/6 - YERAS To: The Council of the City of Eden Prairie. We, the undersigned residents of the Lake Eden "Ridgewood" development have the following very real concerns about the multi-family dwelling: at present being proposed by Zachman Homes for construction on outlet C, Lake Eden on the northeast quadrant of the junction of And ,_,rson Parkway and Darnel Road. 1. It is our understanding that the proposal is for this developmmt to be complet e d In phases. We are concerned that all earthmvini: and landscaping with reasonably mature greenery he completd before the actual home construction begins. Zachman sho'uld undertake the maintenance of such greenery until constructin is completed. 2. We are concerned that only a superficial attempt has been by 'Lachman Homes to integrate this new development into tn? existing tone of the neighborhood. We feel there should be higher berms between the existing properties and the new d::velop- ment, and we would like to be assurdthat the exterior (i.e. paint scheme, surfacing, etc.) will be entirely consir ,,tent with the ear':.1 -1 tones of the existing properties. 3. We are concerned that inadequate provision has been made for resident parking on the new development. We feel coat this will give rise to residents' vehicles being parked outside t:..! development, particularly during the winter. We would like an undertaking from both the Eden Prairie City Council and Zach:,an Homes that this will not be allowed to happen. 11. We are concerned that the exiSting road network and traffic controls will become overloaded with the advent of a mtnimum of C4 new cars. We feel a four way stop at the junction of Andersc Lakes Parkway and Darnel Road is a minimum requirement based on the number of children already resident in the neighborhood. L./ for your time. ec;Go L,/ / I ',/,nZ / " 2 () (r ic We thank you e5s -3 ;2-6;- /710),LX.-i , cc,[75 - Ocern e( IZ(1 , , ,,,,,„a„,.../oz 52 7 0 re t4.1 (z.t 4 &•re,Q,Q /6Z04:::• c 44- 1 ' z54.c . L,-t, 711 de't C14 -I SO) e q8z-yr, ....42‘,00 s-ate I ;71 c rs -2/ 7/A,; d /41 WZ71402-6 I 2-s-16 -ic4;(. V2. 1 5/73 1&49(a-1,I,L 2,1-47-e C. &4..0(4-- gi-70 JO & cigt 4/G/ rog Do,' ea. a /L.Cei 3 aui),cano..t .,(1b4i) aLL LtisR NAME AvcRESS gq Ott`trui, I 'J z ,,,g066 _ 736 90a/ozal tiu4v.e 31 figg 1w47,,e6 E. zc il1 e„) s cos -,bakd . ri cLhr\Lc CS 013-a-prae_ ?105 tOcwuzi _ der-A/a, 4Y/G 21 /1 1 P/9/wIr/ 109 71,9r4 2_-__ NAME" A DDCEss 1 7 g7zo 0a44,e, )10-dpi 19 d er 4 ,L94 (99.,29 .0/wc,/,' Ed. n•n Litt- - Yrtg-Akt,' Zva, To: The Council of the City of Eden Prairie. We, the undersigned residents of the Lake Eden "Ridgewood" development have the following very real concerns about the multi-family dwellings at present being proposed by Zachman Homes for construction on out lot C, Lake Eden on the northeast quadrant of the junction of Anderson Lakes Parkway and Darnel Road. 1. It is our understanding that the proposal is for this development to be completed in phases. We are concerned that all earthmoving and landscaping with reasonably mature greenery be completed before the actual home construction begins. Zachman should undertake the maintenance of such greenery until construction is completed. 2. qe are concerned that only a superficial attorT.t has been made by Zachman Homes to integrate this new development into the existing tone of the neighborhood. We feel there should oe higher berms between the existing properties and the new develop- pent, and we would like to be assured that the exterior fini.;hes (i.e. paint scheme, surfacing, etc.) will be entirely consistent with the earth tones of the existing properties. 3. We are concerned that inadequate provision has been made for resident parking on the new development. We feel that this will give rise to residents' vehicles being parked outside the development, particularly during the winter. We would like an undertaking from both the Eden Prairie City Ccuncil and Zachman Homes that this will not be allowed to happen. 4. We are concerned that the exiting road network and traffic contl Is will become overloaded with the aavent of a minimum of 64 rve . cars. We feel a four way stop at the junction of Anderson Lakes Parkway and Zarnel Road is a minimum requirement based on the number of children already resident in the neighborhood. We thank you for your time. A rs,vt_ D QCS.1 r /2 2 51 o z/ / 2e/tig (-)1. 92// AhlZ. /c9 Jpr Cd- (01405-- efkkoptt,t_cy--. i8 Ftycr. c. 14(1— aq't (0 v 47) (?1 ,e41.1( 44a — To: The Council of the City of Eden Prairie. We, the undersigned residents of the Lake Eden "Ridgewood" development have the following very real concerns about the multi-family dwellings at present being proposed by Zachman Homes for construction on outlot C, Lake Eden on the northeast quadrant of the junction of Anderson Lakes Parkway and Darnel Road. 1. It is our understanding that the proposal is for this development to be completed in phases. We are concerned that all earthmoving and landscaping with reasonably mature greenery be completed before the actual home construction begins. Zachman should undertake the maintenance of such greenery until construction is completed. 2. We are concerned that only a superficial attempt has been made by Zachman Homes to integrate this new development into the existing tone of the neighborhood. We feel there should be higher berms between the existing properties and the new develop- ment, and we would like to be assuredthat the exterior finishes (i.e. paint scheme, surfacing, etc.) will be entirely consistent with the earth tones of the existing properties. 3. We are concerned that inadequate provision has been made for resident parking on the new development. We-feel that this will give rise to residents' vehicles being parked outside the development, particularly during the winter. We would like an undertaking from both the Eden Prairie City Council and Zachman Homes that this will not be allowed to happen. 4. We are concerned that the existing road network and traffic controls will become overloaded with the advent of a minimum of 64 new cars. We feel a four way stop at the junction of Anderson Lakes Parkway and Darnel Road is a minimum requirement based on the number of children already resident in the neighborhood. We thank you for your time. A c 144,..I1c On nk kJ. Si C g937 Rd OY ot.) f --A1:7-15/7 -7?9,4,1r0'1-11)91,A) _ • 2-4 938 /34, 477ff -r/ker • ?-f? -47 ..1T1/71L2 ),go p.010 -r-14'7) ryst/ P'"'j -t*7-Paz' _10,p."1708/"..S:Fs-7.1 ..?".1rlat4;) rrVi) .Srit(55tete: fysta.:// s 1212" cl 2 LZV To: The Council of the City of Eden Prairi e . We, the undersigned residents of the Lake Eden "Ridgewood" development have the following very real concerns about the multi-family dwellings at present being proposed by Zachman Homes for construction on outlet C, Lake Eden on the northeast quadrant of the junction of Anderson Lakes Parkway and Darnel Road. 1. It is our understanding that the proposal is for this development to be completed in phases. We are concerned that all earthmoving and landscaping with reasonably mature greenery be completed before the actual home construction begins. Zachman should undertake the maintenance of such greenery until construction is completed. 2. We are concerned that only a superficial attempt has been made by Zachman Homes to integrate this new development into the existing tone of the neighborhood. We feel there should be higher berms between the existing properties and the new develor- ment, and we would like to be assured that the exterior finishes (i.e. paint scheme, surfacing, etc.) will be entirely consistent with the earth tones of the existing properties. 3. We are concerned that inadequate provision has been made for resident parking on the new develo!mont. We feel that this will give rise to residents' vehicles being parked outside the development, particularly during the winter. We would like an undertaking from both the Eden Prairie City Council and Zachman Homes that this will not be allowed to happen. 4. We are concerned that the exiSting road network and traffic controls will become overloaded with the advent of a minimum of 64 new cars. We feel a four way stop at the junction of Andersm Lakes Parkway and Darnel Road is a minimum requirement based on the number of children already resident in the neighborhood. We thank you for your time. 1.)695-- Cl . i q9/- 11(115 Ta4it-cfL. LtA, 9ma:1A .A . 1(11 - SIVA LI AS \s- '07 A / 6 6 ,5". d/...-4a47 ert-4, • 9y/j\-2od r (Zalcy,v—, Llel-izSz_ 26 so c7q ,/- .DA".....,c/ At.? 12§44/ I , 7l.5 /Z ,. _ ki-1 6 TY/ 2 6ctkizte eck l ??19' 43 a),,Atc-e4 =.1." • a _ To: The Council of the City of Eden Prairi e . W(-, the undersigned residents of the Lake Eden "Ridgewood" development have the following very real concerns about the multi-family dwellings at present being proposed by Zachman Homes for construction on outlet C, Lake Eden on the northeast quadrant of the junction of Anderson Lakes Parkway and Darnel Road. 1. It is our understanding that the proposal Is for this development to be completed in phases. We are concerned that all earthmoving and landscaping with reasonably mature greenery be completed before the actual home construction begins. Zachman should undertake the maintenance of such greenery until construction is completed. We are concerned that only a superficial attempt has been made by Zachman Homes to integrate this new development into the existing tone of the neighborhood. We feel there should be higher berms between the existing properties and the new develop- ment, and we would like to be assured that the exterior finishes (i.e. paint scheme, surfacing, etc.) will be entirely consistent with the earth tones of the existing properties. 3. We are concerned that inadequate provision has been made for resident parking on the new development. We feel that this will give rise to residents' vehicles being parked outside the development, particularly during the winter. We would like an undertaking from both the Eden Prairie City Council and Zachman Homes that this will not be allowed to happen. t. We ar ,: concerned that the exiting road network and traffic controls will become overloaded with the advent of a minimam of 64 new cars. We feel a four way stop at the junction of Anderson Lakes Parkway and Darnel R ad is a minimum requirement based on the number of children already resident in the neighborhood. We thank you for your time. /P./60 Pore wp G.. t„! ln 2;.." ,L_. q ?c,)izcr4 ?oda' , ilai,'1/1 NK,MVICI I 9 0 'crOuiroe C4. V.7 t/co ( • 2 ‘,.idt, ,y A-2 I 2. / (7Gi.Z:1 ,.. /257Z) .i)e/t/e.ii,,/ q e681 Yk: - n93 de4 ,74,,L.,„? 22L (2-6- 604,6F44- 1-4 ?.0—ie, 70 947yL 04444,-,7(..-. f660 Yer.s0 , 5169O7Izex, V276te&..) a Tx.n Y 8? r? CITY DIf ICES /13950 EDEN PRAIRIE ROAD / EDEN PRAIRIE. MN 55344 2499 / TELEPHONE 16121 937-2262 March 16, 1982 The Honorable Joan Anderson Growe Secretary of State 180 State Office Building St. Paul, Minnesota 55155 Re: New Senate Districts 42 & 43 City of Eden Prairie Concerns Dear Secretary of State Growe: The purpose of this letter is to express, on behalf of the City of Eden Prairie, our very serious concerns and objections to the boundary of new Senate Districts 42 & 43 which severs the political boundaries of a small, integral portion of our City in an entirely illogical manner. The attached map shows that a portion of the northwest corner of Eden Prairie representing about 10% of our population will be split away from the remainder of the City which will be entirely in Senate District 42 (House District 42A). The basis of our objection is stated as follows: 1) This division separates a small porticn (10%) of Eden Prairie's population and combines it with proposed Senate District 43 which is comprised primarily of residents from Excelsior, Mound and Orono. These communities are older, established areas and have little or no common interests or purposes with the relatively newly built neighborhoods and younger population in Eden Prairie. 2) The area separated represents only 5% of the geographical area of Eden Prairie. The remaining 95% is within Senate District 42 (House District 42A). 3) Almost all of the conmunities in proposed Senate District 43 are directly orientated towards Lake Minnetonka. The area in Eden Prairie is not. 4) Recently completed road systems, high school, community center, and shopping facilities are all in close proximity to this severed area and therefore the residents of this area will develop common bonds with the remainder of Eden Prairie which is in District 42. 5) The Eden Prairie portion of proposed Senate District 43 represents only 6% of the total population of this district and therefore effective representation for this area will obviously suffer. The Honorable Joan Anderson Growe Secretary of State St. Paul, Minnesota Page Two March 16, 1982 Sincerely, re4, fgalij H Penzel ayor of Ecbn Prairie lIncilman Dean Edstrom ounci n George Bentley ig(Z Councilman Paul Redpat /-1 Councilman George Tangen JP Enc. Based upon the foregoing we, the Mayor and City Council, r e p r e s e n t i n g t h e 1 8 , 0 0 0 citizens of Eden Prairie, respectfully request that Senat e D i s t r i c t s 4 2 & .43 be revised such that all of Eden Prairie will be included w i t h S e n a t e D i s t r i c t 42 (House District 42A). UNAPPROVED MINUTES CANVASSING BOARD TUESDAY, MARCH 16, 1982 11:30 PM, CITY HALL CANVASSING BOARD MEMBERS: Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen CANVASSING BOARD STAFF: City Clerk John D. Frane I. CALL MEETING TO ORDER The meeting was called to order by Wolfgang H. Penzel. II. RECEIVE AND CERTIFY RESULTS OF THE 1982 LIQUOR REFERENDUM OF MARCH 16, 1982 Penzel said the "yes" votes were 655; the no votes were 61. The 1982 Liquor Referendum to continue with municipal on-sale liquor passed. MOTION: Tangen moved, seconded by Edstrom, to receive and certify the results of the election on March 16, 1982. Motion carried unanimously. (A copy of those results is attached.) III. ADJOURNMENT MOTION: Moved by Bentley, seconded by Redpath, to adjourn the meeting of the Canvassing Board. Motion carried unanimously. q 8`1 CITY OF EDEN PRAIRIE CANVASSING BOARD March 16, 1982 The results of the election in the City of Eden Prairie on March 16, 1982 are certified as follows: PRECINCT II XII IV VI_ TOTAL YES 114 127 125 142 65 82 655 NO 15 5 11 7 16 61 Registered at 7:00 a.m. 1,741 1,558 Registered on Election day 3 6 Total eligible voters 1,744 1,564 Voted at Precinct 129 VOr absentee 0 TOTAL VOTED 129 1,364 1,469 1,447 2,757 10,336 3 10 5 13 40 • 1,367 1,479 1,452 2,770 10,376 134 127 150 68 96' 704 0 3 3 4 2 12 134 130 153 72 98 716 SEAL UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 23, 1982 COUNCIL MEMBERS: COUNCIL STAFF: ROLL CALL: all members were present 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, and Planning Director Chris Enger I. MAMA - LOCAL 49 LABOR CONTRACT NEGOTIATIONS MOTION: Bentley moved, seconded by Redpath, to continue joint bargaining procedure with the Metro Area Managers Association (MAMA) for 1983 labor contract negotiations with Local 49 labor union. Motion carried unanimously. II. CONTINUED DISCUSSION ON CODIFICATION The Council continued review and discussion of Chapter 11 (zoning) of the City Code. Changes and corrections requested by Council members were noted by the Staff. Review continued through page 69. The next meeting for codification review was set for April 13, 1982, at 7:30 p.m. III. ADJOURNMENT The meeting was adjourned at 10:30 p.m. UNAPPROVED MINUTES SPECIAL MEETING EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 30, 1982 COUNCIL MEMBERS: CITY STAFF: 6:30 PM, CITY HALL Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen City Manager Carl J. Jullie; Finance Director John D. Frane; Bill Fahey, Ehlers and Associates: Walter Perkins, Dick Graves and Arlin Waelti, O'Connor & Hannan. ROLL CALL: All were present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Bentley moved, seconded by Redpath, to approve the Agenda as published. Motion carried unanimously. II. PUBLIC HEARING A. AMENDING TAX INCREMENT FINANCING DISTRICT NO. 1 AND ESTABLISHING TAX INCRE- MENT DISTRICT NO. 2 (Resolution No. 82-58, providing for modification of the development program for Development District No. 1 and the Tax INcrement Finan- cing Plan for the Economic Development Tax Increment District therein and for the establishment of proposed Tax Increment District No. 2 and the adoption of a Tax Increment Financing Plan related thereto) The Mayor opened the Public Hearing on the amendments to the Tax Increment Financing District No. 1 and the establishment of Tax Increment Financing District #2. City Manager Jullie verified publication of the notice and noted that the plan amendments had been forwarded to the Hennepin County Board of Commissioners members and to School District #272 as required by law. Copies of the Planning Commission Minutes of March 29, 1982, were given to the Council. Walter Parkins of O'Connor & Hannan informed the Council that Hakon Torjesen had called him and stated that he believed O'Connor & Hannan had a conflict of interest because it had lobbied the legislature, in behalf of the Chamber of Commerce, to not change the tax increment financing laws and it is also representing the City as bond counsel for the sale of tax increment financing bonds and that the City was not following its own Guide Plan by stimulating growth In the Major Center Area by building roads. City Council Minutes -2- March 30, 1982 Penzel stated that in this case the Chamber and the City had a common interest jn seeing that the roads would be built. Bentley noted that special assessments will be levied upon benefited properties and that nobody was getting a free ride. Edstrom said the Guide Plan states that growth should be balanced and he felt that the project was consistent with the balanced growth policy. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 82-58, providing for modification of the development program for Development District No. 1 and the Tax Increment Financing Plan for the Economic Develop- ment Tax Increment District therein and for the establishment of proposed Tax Increment District No. 2 and the adoption of a Tax Increment Financing Plan relating thereto. Motion carried unanimously. III. ADJOURNMENT The meeting was adjourned at 6:45 p.m. \ MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Carl Jullic, City Manager Bob Lambert, Director of Community Services March 25, 1982 Award Bids for Riding Mowers $25,400 was approved in the 1982 budget for acquisition of two riding lawn mowers, one with a cab and snowblower and trailer for transporting these mowers to parks. On March 23, 1982, the City received bids for these mowers and trailer. The following bids were received: Riding Mower Only R.L. Gould Toro Power Equipment Prairie Lawn & Garden Riding Lower With Cab & Snowblower Toro Prairie Lawn & Garden Trailer $7,450 (does not meet specs) $8,634 $8,982 (does not meet specs) $9,068.72 $13,481 $14,309.77 Toro $2,880 Community Services Staff recommends purchasing the riding mower from Toro, which is the low bidder that met the specifications. Staff also recommends purchasing the riding mower with cab & snowblower from Toro, which was the low bidder and the trailer from Toro, which was the only bidder. Total cost $24,995. BL:md 4193 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST April 6, 1982 CONTRACTORS (Multi-Family & Comm.) Richard W. Anderson, Inc. Barron & Associates, Inc. Kingdom Builders Ryan Construction Co. CONTRACTORS (1 & 2 Family) Creative Century Builders Palmer House Builders R. A. Ungerman Const, PLUMBING Randy Lane Plumbing Larson Plumbing GAS FITTER Designed Air Conditioning Fredrickson Heating & Air Cond. HEATING & AIR CONDITIONING Fredrickson Heating & Air Cond. UTILITY INSTALLER Larson Excavating, Inc. SEPTIC SYSTEMS Rybak Digging & Trenching Service 3.2 BEER ON-SALE Edenvale Golf Club 3.2 BEER OFF-SALE Edenvale Golf Club VENDING Edenvale Golf Club MECHANICAL GAMES Alladdin's Castle CIGARETTES Edenvale Golf Club These licenses have been approved by the department heads responsi b l e f o r t h e licensed acthvity. Pat Scilie, Licensing Clerk April 6, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-61 RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR A HEARING I.C.52-008 GOLDEN RIDGE UTILITIES WHEREAS, a report has been given by the City Engineer t o t h e C i t y Council on 'April 6, 1982, recommending the following improvements to wit: I.C. 52-008, Golden Ridge Utilities NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CI T Y C O U N C I L : 1. The Council will consider the aforesaid improvements i n accordance with the report and the assessment of property abutting or within said boundaries for all or a port i o n of the cost of the improvement pursuant to M.S.A. Se c t . 420-011 to 429.111, at an estimated total cost of th e improvements as shown. 2. A public hearing shall be held on such proposed impro v e m e n t on the 4th day of May, 1982, at 7:30 P.M. at the Eden Prairie City Hall. The City Clerk shall give pu b l i s h e d and mailed notice of such hearing on the improvements a s required by law. . ADOPTED by the Eden Prairie City Council on April 6, 1 9 8 2 . Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk LILY/ Wolfgang H. Penzel, Mayor April 6, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R82-62 RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR A HEARING I.C. 52-013 KILMER AVE. A ATHERTON WAY IMPROVEMENTS 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 cost of the improvement pursuant to M.S.A. Sect. 420-011 to 429.111, at an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on the 4th day of May, 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. . WHEREAS, a report has been given by the City Engineer to the City Council ongpril 6, 1982, recommending the following improvements to wit: I.C. 52-013, Kilmer Avenue and Atherton Way Utility Improvements ADOPTED by the Eden Prairie City Council on April 6, 1982. ATTEST: SEAL John D. Frane, City Clerk q95 April 6, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R82-63 RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR A HEARING I.C. 52-298 B . ONTARIO BLVD./STORM SEWER IMPROVEMENTS WHEREAS, a report has been given by the C i t y E n g i n e e r t o t h e C i t y Council on'-April 6, 1982, recommending the following improvements t o w i t : I.C. 52-298 B, Ontario Blvd./Storm Sewer Improvements NOW, THEREFORE, BE IT RESOLVED BY THE ED E N P R A I R I E C I T Y C O U N C I L : 1. The Council will consider the aforesaid improvements in accordance with the report and the asses s m e n t o f p r o p e r t y abutting or within said boundaries for a l l o r a p o r t i o n of the cost of the improvement pursuant t o M . S . A . S e c t . 420-011 to 429.111, at an estimated tot a l c o s t o f t h e improvements as shown. 2. A public hearing shall be held on such p r o p o s e d i m p r o v e m e n t on the 4th day of May, 1982, at 7:30 P.M. at the Eden Prairie City Hall. The City Clerk s h a l l g i v e p u b l i s h e d and mailed notice of such hearing on the i m p r o v e m e n t s a s required by law. ADOPTED by the Eden Prairie City Council o n A p r i l 6 , 1 9 8 2 . Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk Li% AGREEMENT This Agreement is made this day of , 1982, by and between the City of Eden Prairie, a Minnesota municipal corporation, ("City"), and Woodlake Sanitary Services, Inc., a Minnesota corporation ("WSS"). WHEREAS, WSS has applied to expand its landfill operation within the boundaries of City (the "Application"); and WHEREAS, such expansion requires the review and approval of the City; and WHEREAS, City has determined that it is in the public interest of the citizens of City to make a comprehensive and thorough evalua- tion of the desireability of granting the Application and amending Plan Unit Development 70-1 or otherwise authorizing such expansion; and WHEREAS, City deems it necessary to employ the services of consultants in making the evaluation; and WHEREAS, City will incur substantial costs in conducting said evaluation; and WHEREAS, City has received a letter of credit in othe amount of $20,000.00 from WSS to secure the payment of the City's costs in conducting said evaluation (the "Credit"): NOW THEREFORE, wSS agrees as follows: 1. To pay to City all expenses incurred by City which relate either directly or indirectly to City's review of the Application including but not limited to the following: a Fees and expenses charged to City by any consultant . hired by City to assist in reviewing the proposed landfill expansion. Fees and expenses charged to City by the City attorney or any special counsel retained by City. C. That portion of City staff salaries and benefits which is attributable to time spent by the City staff on processing and reviewing the Application and assisting in the evaluation (the "Review Work"). Such portion shall be computed by: Page -2- i. determining the value of the total compensa- tion (including all fringe benefits) which the City expects to pay the employee for the month in which the Review Work is performed; and, ii. dividing the sum so determined by the total number of hours which City estimates that the employee will work during the month in which the Review Work is performed; and, iii. multiplying this quotient by the number of hours the employee spent performing the Review Work in such month. 6. Any out of pocket expenses incurred by City attribu- table to the Review Work. 2. City will prepare a monthly statement (the "Statement") setting out amounts which WSS owes to City pursuant to paragraph 1 hereof and which are incurred by City up to the date of the Statement. The Statement shall include a breakdown of staff time and review costs and invoices or bills from consultants and attorneys received by the City. The Statement will be mailed to WSS at 9813 Plying Cloud Drive, Eden Prairie, Minnesota 55344 (Attention: R. Kager), and payment will be made with respect thereto following review by WSS. In the event WSS fails to make payment of the amount due within 30 days after mailing of any such Statement to WSS, City may withdraw such amount from the Credit. City will notify WSS, by mail, of the amount of such withdrawal. 3. In the event that WSS fails to pay the full amount reflected on any Statement submitted to it pursuant to paragraph 2 within 30 days after mailing, City may suspend all activities relating to City's review of WSS's landfill expansion application until such time as the amount owing is paid to City. In addition to City's suspension of its review process, City may avail itself of all remedies to collect any amount due hereunder. . 4. The obligations of WSS to make payments to City hereunder , shall be in addition to those payments ordinarily required'by City ordinances or staff procedures. By Its By It s Page -3- 5. City agrees that the scope of the Consultants work will be reasonable and City will, to the extent possible, review the scope of the proposed services with WSS and other interested agencies prior to directing their performance. City will review Consultants and any special counsels' proposed charges with WSS. WSS acknowledges that it has received a copy of a letter whereby City has engaged Donahue & Associates, Incorporated. It is agreed that the foregoing provisions of this paragraph with respect to review of proposed services shall not apply to any services rendered by Donohue S Associates, Incorporated, pursuant to said engagement letter. 6. This agreement shall not be construed to obligate the City to approve any applications submitted by WSS which relate to the proposed landfill expansion or any other project. CITY OF EDEN PRAIRIE ZACHMAN HOMES March 26, 1982 Mr. Chris Enger Community Development Director City of Eden Prairie 8950 Eden Prairie Rd. Eden Prairie, Mn. 55344 Dear Chris: Since I will be out of town the night of April 6, 1982, I must regretfully request further continuance of our Lake Eden Project. It is my hope that we can be rescheduled for the April 20, 1982 meeting. At my meeting with some of the Lake Eden neighbors last night, I indicated that we were requesting continuance to April 20, 1982 and asked each neighbor if they would assist me & in disseminating that in- formation throughout the entire neighborhood. Sincerely; ZACHMAN HOMES INC. tephen T. Ryan Director of SubdiNisions STR:cjc 500 7760 MITCHELL ROAD, EDEN PRAIRIE, MINNESOTA 55344 (612)937-9520 approved March 8, 1982 Tianning Commission Minutes ALL MEMBERS PRESENT c...,/) ' A. CITY WEST PHASES 1-3, by Richard W. Anderson, Inc. Request for approval of rezoning from Rural to Office District and preliminary plat of part of the City West Planned Unit Dev- elopment. Included in the public hearing on the proposed preliminary plat will be the consideration of the granting of variances, pursuant to Sec. 11, (relating to Planned Unit Developments), Ord. 135 from the provision of said ordinance applicable to the Office District. Located east of New Shady Oak Road (Co. Rd. 61) and south of Crosstown 62 and west of US 169/212. A continued public hearing. The Planner stated that since the last meeting, (February 22, 1982) he has met with the proponents and stated that the plans requested have been submitted in more detail. He stated Dave Sellegren, Larkin-Hoffman was present to give the presentation. Sellegren introduced: Dick Anderson, Warren Isrealson, Russ Solan and Ken Johnson, of Johnson & Solan Architects, Brian Field, and Scott Anderson from ADI. Sellegren stated that this is consistent with the approved PUD and the Guide Plan Amendment however there is some difference; 64% green area with 80% building area; FAR is .34, ordinance requires .40; parking for all buildings will be two ramps, underground, or under the plaza; two 6 story buildings and one 3 story building; and the bermming will consist of small plantings and trees. Twelve existing trees around the pono will be lost but all' others will remain. All trees that are lost will be replaced caliper inch per caliper inch. The Planner reviewed the amended staff report dated 3/5/82 and stated that enough Information has now been submitted for action to be taken on the requested variances. Long term maintenance should be taken care of by the Owner's Association. Landscaping plan should depict the plant sizes, and also a phasing plan. Marhula asked if the plat includes the entire loop road. Sellegren replied yes. Marhula asked if there were any concerns about the access points as in relation to Crosstown. The Planner stated that the County is concerned about the northern route off this property on the Honeywell property. There is an existing service road that goes in there presently. The County feels that that road will be a right-in right-out access only. The City Staff has problems with that and have dis- cussed that with the proponents previously. The distance between the off ramp of Crosstown 62 and the frontage road is an identical distance to the distance from Shady Oak Road off ramps from 169 to the internal loop road system through the site. Staff has spoken to the County regarding the issue and the County will have to address that concern when the Honeywell proposal comes in. Torjesen asked if ADI has committed to full cost of the Shady Oak Road improvements and asked if it is in writing. The Planner stated yes, and it will be addressed in the developer's agreement. ( Hallett asked the height of a three story building. The Planner replied 30-35. Bearman asked about the lighting concept. Sellegren replied it will be similar to Hartford's. Scott Anderson replied it would be similar to Cooperative Power's. The Planner stated that it should be no greater than 25' with cut-off luminars. 50/ 'Ipproved riug Commission Minutes March 8, 1982 Bea , on expressed concerns regarding the parking ramps and the lighting. Anderson tatcd that they have 'been working with the City Engineer regarding that. Bearman asked if each owner will own a percentage of the parking ramps. Sellegren stated that the Owner's Association will jointly own it. Bearman asked if a private road WIN be good for this project. The Planner stated that private roads are usually talked about in residential areas. He stated that the Owner's Association will provide maintenance, and stated that would be able to get in and out of the project easily. The Planner asked if the landscaping plan being shown is different from the plan that is included in the packets. Johnson stated it is different. Bearman asked if there were any questions or comments from residents. None were raised. MOTION 1 Torjesen moved to close the public hearing on City West Phases 1-3 preliminary plat. Retterath seconded, motion carried 7-0. MOTION 2 Torjesen moved to recommend to the City Council approval of the rezoning from Rural to Office as per the steff reports dated Feb. 18, and Mar. 5, 1982 and the plans dated March 1, 1982 with the following additions: 1. Landscaping plan dated March 8, 1982. 2. That the oak trees which will be lost during construction be replaced, caliper inch per caliper inch, as determined by the City Staff with no less than four inch caliper trees-half of which should be oak trees and the balance being a variety as approved by City Staff. 3. That additions be made for the maintenance association document that will contain a maintenance agreement which would include maintenance of the parkway trees and the parkway island and the lighting within the City right-of-way. 4. That within the owner's association document public access be provided for the paths and roads. 5. Prior to City Council review, a phasing plan for the landscaping plan and also that sizes for the plant material to be planted along the Shady Oak Road berm be shown. 6. That lighting for the building and roadway be reviewed by staff ivhich will be down lighting with cut-off luminars and be stationed In such a way to prevent the glare off of the site. Sutliff seconded. c-02. Planning Commission Minutes -3- approved March 8, 1982 D:' ,SS1ON _ _ Aefter7a5T-asked that the berm along Shady Oak Road be constructed wi t h P h a s e 1 u,nstruction and the possibility of planting trees on adjacent residents' land be investigated. Torjesen agreed. Sutliff asked if there will be'a sidewalk along the berm on Shady O a k R o a d . T h e Planner replied that will be looked at in more detail prior to City C o u n c i l r e v i e w . Torjesen asked that the study of Shady Oak Road include a study of pedestrian .circulation along Shady Oak Road. Torjesen asked where the trees that will be replaced w i l l b e p l a c e d . T h e P l a n n e r stated that they are an addition to the landscaping p l a n d a t e d 3 / 8 / 8 2 a n d w i l l b e put in towards the woods. • Marhula asked that prior to City Council review, the d e v e l o p e r r e t u r n t o t h e P l a n - ning Commission for review of the final developm e n t p l a n s , i . e . , s i t e p l a n a n d • construction plans prior to final plat approval. Torj e s e n a n d R e t t e r a t h a g r e e d . Dearman asked that the Hennepin County and MnDOT letters dated 2/24/82, the Owner's Association letter, and the ADI letter dated 3/8/82 be a d d e d t o t h e r e c o m m e n d a t i o n s . Torjesen and Retterath agreed. Motion carried 7-0. MOTION 3 Torjesen moved to recommend to the City Council ap p r o v a l o f t h e p r e l i m i n a r y p l a t dated March 1, 1982 as per the staff reports dated F e b . 1 8 , a n d M a r . 5 , 1 9 8 2 w i t h all the additions as listed in motion 2. Retterath se c o n d e d , m o t i o n c a r r i e d 7 - 0 . approved ring Commission Minutes -1- February 22, 1982 MEMBERS.ABSENT: Bearman C. TV WEST PHASES 1-3, by Richard W. Anderson, Inc. Request for approval of rezoning from Rural to Office District and preliminary plat of part of the City West Planned Unit Development. Included in the public hearing on the proposed preliminary plat will be the consideration of the granting of variances pursuant to Sec. 11, (relating to Planned Unit Developments), Ord. 135 from the provision of said Ordinance applicable to the Office District. Located east of New Shady Oak Road (Co. Rd. 61) and south of Crosstown 62 and west of US 169/212. A public hearing. The Planner stated that Mr.lave Sellegren of Larkin, Hoffman, Daly & Lindgren was pre- sent and would introduce the others. Sellegren introduced: Dick Anderson, Warren Isrealson, Russ Solan and Ken Johnson, of Johnson & Solan Architects, Brian Field, and Scott Anderson from ADI. Sellegren stated that the request is for rezoning. The PUD was approved in October of 1981 by the Planning Commission and approved by the City Council in November of 1981. He stated that BRW is currently working on a feasibility study. They are platting 7 lots with the remainder of phase 1 as an outlot. It is necessary to plat the outlot for road purposes. There will be 2 6-story buildings by the pond and construction is scheduled to start May 1, 1982. In 1983 ADI would like to return to build the second phase of the first phase. The plan has been broken up since the PUD approval, however, the square footage remains the same. 742 of 1200 parking spaces are located under the buildings with 36% ground coverage on the site. The original floor area ratio (FAR) was .39 now it is .34. First phase berming will be along Shady Oak Road (in its entirety) and will be 2500' long planting the shrubs and trees 3-7' apart. A pedestrian walkway system is proposed- a jogging path in the first phase. Staff suggested a sidewalk along the east which will not be built now but will be done in the future. Final grading cal- culations are not done. Sewer and water will be in the road. Water is expected to flow to the lot line into the pond. Inlets and outlets have been discussed with the City Engineering Department. Maintenance costs will be assessed to the building owners. Reviewed the reconwendations of the staff report and found it acceptable. Russ Solan, Johnson & Solan Architects, stated that they would like to maintain the amenities of the site. They want to take advantage of the slopes on the ends where the parking lots would be to buffer the parking lots. They are pro- posing a ring loop road. Two buildings will face the pond. More than half of the parking is underground and out of yiew. The buildings are rectangular in shape. Ken Johnson, Johnson & Solan Architects, stated the buildings will have a brick exterior and they are planning to use poured concrete for the stair towers, elevators, and the parking lots. The main entrance is at the end of the structure. The buildings by the pond are linked together by a cafeteria. A two story atrium is located at the first and second floors, third and fourth floors, and fifth and sixth floors. approved Wnning Commission Minutes -2- February 22, 1982 Mlegren explained that the parking spaces allocated as follows: the 2 0 0 s p a c e s as in the staff report are under the buildings; 56 spaces, each with 1 2 6 s p a c e s under the plaza and approximately 20 will be handicap along the private s t r e e t . The Planner reviewed the staff report dated 2/18/82 and stated that at t h e writing of the staff report, staff was unclear about some items. BRW i s u n d e r contract by the City to complete the design for public utilities for t h e p u b l i c road for the entire City West area which was petitioned by ADI and BRW w a s selected. The utility plans are not completed yet for the loop road a n d c o n s e q u e n t l y , the storm sewer plans are sketchy at this stage. The information hear d i s n o t documented and stated he first heard some of the information. He stat e d t h a t h e had not seen a plan showing the existing trees on the site yet. He fe l t t h a t i t is important that tne mass grading plan was received only a couple day s P r i o r t o t h e meeting. He stated that fill for the total site will have to come fro m t h e e n t i r e first 16 acre site. Concerned that grading plan has not been balance d . A s i d e w a l k will be installed. Landscaping plans have not been reviewed had not s e e n a p e d - estrian plan prior to the meeting. Felt free-standing parking will w o r k . H e reviewed the variances being requested. Shady Oak Road will need impr o v e m e n t s i n the future. These assessments would be allocated to AD!. The berm al o n g S h a d y Oak Road should be constructed at this time which will create the nee d f o r g r a d i n g off the site. Concerned with the grading around the ponds. Felt the m a t u r e t r e e s can be saved if a detailed plan showing the location of the trees is s u b m i t t e d . He suggested continuance of the project for 2 weeks. Sutliff stated that he would like to see elevation plans and site li n e p l a n s . Marhula expressed concern if the feasibility study is not completed b y t h e n e x t meeting and tf ADI will be ready. The Planner stated that he does no t k n o w h o w long it Will take for the study to be completed. Warren Isrealson st a t e d t h a t AD1 has been working with BRW and stated that they are planning on havi n g f i n a l drawings to the Council by April. Sutliff asked if the sewer that was built will create a problem for thi s p r o j e c t . The Planner replied that the sewer was built to accommodate development o n t h e Honeywell property and this property. Sutliff asked if the undergrowth will be affected when the grading is d o n e s o the berming can be done. The Planner replied that the undergrowth in t h e l o w area will be removed. In order to accommodate parking on the area, as c o n t e m - plated in the PhD, there will have to be a sur-charge for a capping of t h e a r e a with earth. Filling of that area with five feet of earth is being prop o s e d a n d felt that it is reasonable. Construction of the benm will largely not a f f e c t t h e vegetation. He stated that trees are needed to be located on a grading p l a n t o see where the vegetation will be altered. Warren Gerecke, 6622 Golden Ridge Drive stated that he was concerned t h a t p l a n s showing construction on the entire site have not been shown. SyS -3- approved February 22, 1982 Planning Commission Minutes S000 Dick Feerick, 6518 Leesborough Ave., read an exerpt from the City Council minutes dated 9/15/81 approving the City West PUD and stated that he was concerned that these plans are not what the Planning Commission and City Council expected to see. Sellegren stated that the project has substantially changed in the respect that the large mass on the western part of the project has been eliminated. Torjesen asked what would happen to the requirements if after the buildings are constructed the buildings are sold to different owners. The Planner stated that a structure to make things work; when phase 1 is built, phase 1 parking should be built; when phase 2 building is built, phase 2 parking should be built; and on so that all buildings will have parking designated. He stated that this will have to be decided prior to final plat approval. Torjesen complimented ADI on the model and stated that he felt that the staff needs more'information from ADI for staff's review of the project. MOTION • Torjesen moved to continue the public hearing on City West Phases 1-3 to March 8, 1982. Gartner seconded. DISCUSSION Sellegren stated that they are willing to come back in 2 weeks and commented that final detailed documents should be a contingency for occupance of the buildings. Motion carried 6 -0. - Parks, Recreation unapproved .;;1 Resources Commission -2- March 15, 1982 B. Removal of Schaitberger House/Wineberg House Lambert said Staff is suggesting the Schaitberger house either be bulldozed or burned for practice by the fire department within the next month or two so the City can begin work on the park. MOTION: Breitenstein moved to recOmmend awarding the bid for purchase and removal of the Wineberg House to Richard Crandell (low bidder), and the Schaitberger House be burned for fire training within the next 11 months or be torn down. Schwartz seconded the motion and it carried unanimously. VII. NEW BUSINESS A. Request Authorization to Prepare Plans and Specifications for Bids for Construction of 2 Tennis Courts and Multi-Use Court at Staring Lake Park and Hidden Ponds Park MOTION: Jessen moved to recommend approval to proceed with plans and specifications and receive bids for construction of two tennis courts and a multi-use court at Staring Lake Community Park and one tennis court and a multi-use court at Hidden Ponds Neighborhood Park. Breitenstein seconded the motion and it carried unanimously. B. Change Order - Community Center MOTION: Breitenstein moved to recommend approval of the Change OrdEFI for the Community Center per Staff recommendation. Boulay seconded the motion and it carried unanimously. Jessen asked how the memberships are going for the Community Center. Lambert said Staff is estimating being close to the $50,000 projection as it looks now. Staff will update this Commission on Community Center activities at the next meeting, including lessons, registration, etc. Marty Jessen left the meeting at this time (8:05 P.M.). V. RECOMNENDATIONS AND REPORTS A. Reports of Commissioners - None B. Reports of Staff a. City West Lambert referred to this as an information item as this proposed development appears to address all of the Commission issues approved during the PUD review, i.e. trails, preservation of significant oak trees and reduction of massive grading. Sfl AFF REPORT AMENDMENT TO: FROM: THROUGH: DATE: PROJECT: APPLICANT & FEE OWNER: LOCATION: REQUEST: REFER TO: Planning Commission Jean Johnson, Assistant Planner Chris Enger, Director of Planning March 5, 1982 CITY WEST PHASES 1-3, "Plaza I, II, III" Richard W. Anderson East of Shady Oak Road 1. PUD Development stage 2. Rezoning from Rural to Office for 16 acres 3. Preliminary plat approval 4. Variances under PUD Procedures: a. Off-site parking b. Private street construction C. No frontage on public street d. Maximum height to exceed 30' Feb. 18, 1982 Staff Report The February 18, 1982 staff report outlined this request's general con- formance with the approved City West PUD and the Zoning Ordinance. Detailed information requested was as follows: 1. Site utility plans. Schematic utility plans had been submitted and reviewed as part of the overall PUD. Detailed plans are still being developed by an engineering firm contracted by the City. Staff will review the product's utility plans conformance with the final engineering design. 2. Tree locations unon a detailed (wading plan. The revised plans dated March 1, 1982 give the location and type of trees located upon the site which are near enough to the grading to possibly be impacted by construction. Staff recommends the grading for the office on lot 6 be modified to - retain the healthy trees which are now depicted within the construction limits. This will require shifting of the building and relocation of the construction limits. (see figure 1) Prior to City Council review the proponent should submit such revisions to the Planning Staff for review and approval. lhis should also include a revision of the grading around the north end of building #1 which is less 'engineered' in appearance. 3. Parking stall relation to each building. A verbal account ot the numoor 01 ramp parking spaces to be allocated to each office structure was given at the last meeting. Documentation of this parking relationship should be submitted in written form prior to Council review. riS! Staff Report-City West Amendment page 2 4. Shady Oak Road improvements which will he required_by this development. Resolution of this item is similar to item number I. Staff will review the final engineering work with the approved PUD conditions. 5. Proposed covenants and cross easements. This document should be submitted for staff review prior to the City Council review. An additional item of concern is the location of the proposed joggina trail. . Staff recommends the jogging trail be designed to connect to the Bryant Lake Park Area. This connection could occur at Shady Oak Road across the Rowland Road intersection. A revised jogging trail illustrating this connection and detailing path construction near and through the trees south of pond should be submitted to City Staff for review and approval. RECOMMENDATIONS Staff would recommend approval of the revised March 1, 1982 City West plans contingent upon the Feb. 18, 1982 staff report and this March 4, 1982 staff report. 1. Final utility and Shady Oak Road improvement plans be subject to City Staff review and approval. ", 2. A revised grading plan depicting the shifting of the building 611 lot 6 to protect the existing slope and healthy trees be. submitted to City Staff prior to Council review for review and approval. 3. That written covenants and cross easements be submitted to City Staff prior to Council review for review and approval. 4. That prior to any site grading, the owner's or his representative meet on-site with City Staff to locate the placement of the pro- tective fencing around the trees and slopes to be preserved. Such fencing shall be installed prior to any site work and remain in place until the site is restored. 5. Utility and grading plans be subject to the review and approval of the Nine Mile Creek Watershed District. 6. City Staff and Watershed Engineer be notified at least 48 hours in advance of any site work. • 7. A written description of parking phasing allocated toward each suc- cessive building. JJ:ss cnr, 2 lir:41,0 row;) down tac uniet Phase c;:icn L.410cnr, 2 Icv31 .-- 11,11‘v0 elev. 1.319.5 STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT & FEE OWNER: Planning Commission Jean Johnson, Assistant Planner Chris Enger, Director of Planning February 18, 1982 CITY WEST PHASES 1-3, "Plaza I, II, III" East of Shady Oak Road Richard W. Anderson, Inc. REQUEST: 1. PUD Development Stage 2. Rezoning from Rural to Office for 16 acres 3. Preliminary plat approval 4. Variances under PUD Procedures; a, Off-site parking b. Private street construction c. No frontage on public street d. Maximum height to exceed 30' BACKGROUND -The 67 acre City West PUD was approved on November 17, 1981. Land use plan attached as Figure 1. PUD approval upon this site consisted of 240,000 sq. ft. maximum of office buildings. Richard W. Anderson, Inc., (ADI) is now requesting zoning and plat approval for phases 1-3 to construct a total of 240,000 sq. ft. of office. EXISTING SITE CHARACTER The irregular shaped 16 acre site is characterized by gentle rolling topography 900-920 elevations, a 2 acre pond abutting the north boundary line and small groupings of Aspen and Cottonwood near the pond and white Poplar and Cedar in the southeast corner. ORDINANCE REQUIREMENT& OFFICE DISTRICT Ord. 135 & 141 Min. lot size 20,000 sq. ft. Min. width and depth 100' Setbacks: front 35' sides 20:50' rear 20' Max. FAR 30% 1 story, 50% mult. Max. height 30' parking 5sp/1000 GFA (1200) Pronosed Development Lots 1,3,4,5,7 43,560 so. ft. 100+ feet Conforms Conforms 20+ feet 8% bldg. footprint coverage 6 stories* 1210 spaces *variances as outlined in PUD being requested. S-11 4 • • Staff Report-City West Phases 1-3 page 2 Staff has been advised by the developer that h e d e s i r e s a l i g h t i n g structure which will vary from the City's st a n d a r d s . S t a f f w o u l d r e c o m m e n d the specifics be worked out with the City Eng i n e e r p r o v i d i n g t h a t a d e s i g n not more than 20 feet in height and equipped w i t h c u t o f f l u m i n a r s i s submitted. LANDSCAPING A detaffed landscaping plan must be submitted f o r r e v i e w a n d a p p r o v a l prior to the issuance of any building permit. T h e l a n d s c a p i n g p l a n i s to include screening of the site's parking fro m S h a d y O a k R o a d a n d t h e internal loop street through the use of berms a n d p l a n t i n g s . SITE PLAN Grading over the entire 16 acres plus the area t o t h e w e s t a l o n g S h a d y O a k Road and grading for the loop street is propos e d . T h i s g r a d i n g w i l l a l l o w construction of the berm along Shady Oak Road i n c o n j u n c t i o n w i t h f i r s t phase development. A general description of the grading is as fol l o w s : -fill 4-10' along Shady Oak Road and construct i o n o f a b e r m ; -cuts of 2-12' west and south of the pond; -cuts of 10-20' in the extreme eastern portion . See Figure 2 for illustrative graphic. If cuts exceed the fills, the developer shoul d m o d i f y t h e s i t e c u t s t o balance the grading and eliminate storage of e x c e s s m a t e r i a l . The Aspen and Cottonwood along the south end o f t h e p o n d s h o u l s n o t b e d i s - turbed. Prior to any site work, a snow fence and stak e d h a y b a l e b a r r i e r must be constructed. Other vegetation upon the site will be remove d b y t h e s i t e w o r k . All grading and erosion control methods will b e s u b j e c t t o r e v i e w a n d approval of the Nine Mile Watershed District. R e s t o r a t i o n o f t h e g r a d e d areas for Phases 1-3 must be completed accordi n g t o t h e s p e c i f i c a t i o n s of the Watershed and prior to any site work o n s u b s e q u e n t s t a g e s . Building phases 1-3 entails development of a l a r g e a m o u n t o f o f f i c e s p a c e , 240,000 sq. ft. Larger than the first Gelco b u i l d i n g a n d 1 ' , t i m e s l a r g e r than the Super Valu headquarters. Staff recomm e n d s t h a t b u i l d i n g p e r m i t s for phases 2 and 3 be issued only after counci l r e v i e w o f t h e d e t a i l e d plans and building permits. The City West Plaza I-III proposal is similar t o t h e G e l c o d e v e l o p m e n t i n that individual lots will be platted for the b u i l d i n g s , p a r k i n g s t r u c t u r e s and access street. See Figure 3 - the prelimin a r y p l a t . Staff Report-City West Phases 1-3 page 3 The preliminary plat has 7 lots: Lot 1 office building - phase 3 Lot 2 private internal road system Lot 3 2 level parking ramp Lot 4 office building - phase 2 Lot 5 plaza and cafeteria - phase 2 Lot 6 office building - phase 1 Lot 7 2 level parking ramp The 1210 parking spaces noted on the plan information meets the ord i n a n c e requirement, but the submission material does not indicate how the r a m p parking spaces will be allocated to the 3 office buildings, how man y s p a c e s are under the buildings, or the construction schedule for the ramps . E a c h ramp is 2 levels, with one ramp having a total of 456 spaces and th e o t h e r 440 spaces for a total of 896 spaces. This leaves 224 spaces (1210 - 8 9 6 ) to be made up under the buildings. A detailed parking allocation p l a n should be submitted for review and approval prior to council review. No parking stall size variance has been requested nor will be grant e d . The off site parking in ramps will require a variance from City Ord i n a n c e . Also, the lot design off a private street instead of public street f r o n t - age will require a variance. TRANSPORTATION Bennett, Rinorose, Wolsfeld is currently working on the Shady Oak R o a d i m p r o v e - ment plans that this site will necessitate. The developer, AD!, has committed at public meetings and in the PU D A g r e e - ment, to making improvements (assessments) for lane construction, l i g h t s , etc.,.along Shady Oak Road. In addition to Shady Oak Road improvements, ADI has announced that t h e Schooner Blvd. improvements will benefit their site and offered t o b e assessed. The City will accept this offer to be assessed and we s u g g e s t the area assessment for benefitted properties would be appropriate . The Phase 1-3 development would generate approximately 3000 trip s / d a y . R o a d improvements precipitated by phases 1-3 will be known after the B R W s t u d y is complete. BRW is also doing the utility plans for this area as part of the Cit y c o n - tract and the plans are not yet completed. Utilities designed by BR W w i l l be reviewed and approved by the City Engineer, the Nine Mile Creek W a t e r - shed District, and the highway department. The public loop road through the 87 acre PUD will be a 4 lane roadway. The private loop street. Lot 2, for phases 1-3 will be 25 feet wide , w e would suggest a 28 ft. width. TRAILS A jogging path is planned around the pond to the north of this site . During the PUD review it was suggested a sidewalk along the interna l l o o p road with connections to each site so noon time use of autos could b e curbed, and pedestrian circulation provided. 5-13 Staff Report-City Wes, Phases 1-3 page 4 Staff still strongly recommends a trail system in this PUD and this specific project. SIG WAGE _Alf7Signageshodld_beaccording to the City's Sian Ordinance, LAW The Environmental Assessment Worksheet was reviewed and approved at the PUD stage. The development request is consistent with the EAW. CASH PARK FEE A cash park fee payment, $1400/acre for office, will be required at time of building permit issuance. COVENANTS Covenants, cost sharing of maintenance, cross easements, etc., will be necessary to the orderly operation of this office complex that includes paths, joint parking, open space, and a private road. FINOTNGS AND CONCLUSIONS • The rezoning and plat are in general conformance with the approved City West PUD. Detailed information not yet provided which leaves staffs' questions unan- swered are: 1. Site utility plans. 2. Tree locations upon a detailed grading plan. 3. Parking stall relation to each building. 4. Shady Oak Road improvements which will be required by this development. 5. Proposed convenants and cross easements. The following actions could be taken by the Commission: 1. Recommend approval of the requests to the Council, contingent upon the material listed under Findings and Conclusions be submitted to City Staff for review and report and conformance to all recomnendations with the report, at least 10 days prior to the Council hearing. 2. Recommend approval of the requests to the City Council contingent upon the recommendations in this report and the material listed under Findings and Conclusions be worked out between AD1, BRW, and the City. 3. Continue the public hearing and request that the developer supply the needed material to the City Staff for review, JJ:ss 6-1(1 • 1- 1 . • I 6GURE , 7 Development .• (-) 6 . Concept . • I \ 7. • I. ! 7!': • • • \---(\i -• • .•• • • : • - • - • \ • ) • •;.. , • .t! A .--Sts'ree't 111-7". DEN—ThSiTy..1 LiESIDENT),!1.11 I I V.:•• \ • ; NIGN DENSITY' \ k ••••z ...RESIDENTIAL' , t , r vi ' OFFICE-77.- not ,to excee 120,QP0sq.f,t,. Txt ild;i1j MAJOR.. . OPEN SPACE • siCe I • /,/ OFFICE/ Lil REGIONAL g-i,/ COMMERCIAL.'" /"." • \i/1 FIGURE. I v.; site C orncE (:). • exce NIS,0Qps q . t 7'sn. ldi96) AMC2CiOei • 6400.R 110)•••11 fly \\\\\\\ks e-stt • AD! oFFice• site' A - \lc:ot tdn e"ce 120,000vf f tivadirig . . • ql,_e/..E. ..: I1IIGH DE 4 SI DE N SITY 1 : \'—n. S i 'L.:: ...% S.-. • N''. OFFICE \,. C::‘-' 41 t to exceed .:-.7*\1 J -f-. no r.. . • . -, ./7--... --- ‘ . .•-ciFncE . Qf ibuildingi ( site B 1.- 't to exceeK \ 1 1 33,000sq.ft. n••`&.......,— \ of buildi n g. ''' ...n..._ 0 ru-LJ • ••• won F R I Z IV . EXHIBIT B Oct. 26, 1981 FIGURE 7 Vegetation Internal Loop Street Fratrarmiripb b Ergr "so >"'(..-----,§ II I =T r"' FIGURE 2 Phases 1-3 • • • rn CU, n • g. LLDI AWE 20. iSSI 1147,1 rip OM Pon. I. • •• gm* A Ali _Dritwtro pryparedby At I EN/WM*110p C.OUP ....•••nn•-•11 11 nr.t.!R r-r1/ rot frr 5T1 %ft. 1.6.• ••• LIM Ft. ,ARD W. ANDERSON, INC, DEVELOPER March 8, 1982 Planning Commission City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Chairman and Council Members Before you for your review this 8th day of March, 1982, is a proposal for the initial phase of City West. Our intent is to create the most desirable working environment for our future tenants throughout all phases of this significant development. With this ideal in mind, we propose to you a complete inch value replacement of all existing significant trees on the Plaza I site. This totals a replacement of a little over 100" of tree trunk or approximately 12 trees. ADI proposes to replace the 100" in the following manner: Over 25 4" or larger Ash or Linden trees located in approximately the same general area. This is in excess of our proposed landscape plan before you tonight. Another feature of City West is our tree lined parkway. Where over 175 trees will be planted. Again, this is in excess of our proposed Phase.I_Landscape Plan. Sincerely, RICHARD W. ANDERSON, INC. (ADI) Scott R. An erson Vice President Marketing /t m 10125 Crosstown Circle 513 Phone (612)944.6803 Eden Prairie, MN 55344 Total Excess Plaza I Plaza It 95 parks 59 parks . t;g4 PARKING AREA RELATIONSHIP Phase I Constructed in Phase I A. Ramp #1 B. Street C. Building with with with 456 20 56 parks parks underground parks Total Parks 532 At this stage 100% allocation to Phase I, Plaza I Phase II Constructed in Phase II A. Ramp #2 B. Plaza C. Building with 440 parks with 126/63 underground parks with 56 Total Parks 622 As the figures indicate there is an excess of parking to code requirements. A 100% allocation of ramp #2 will occur at this stage to Plaza II. A 50% allocation of under Plaza parking to "Plaza II", and a 50% allocation of under Plaza parking to "Plaza I" will occur. Total Allocations Plaza I 595 parks* Plaza II 559 parks* * Code requirements 500 parks per building. CONSTRUCTED IN PHASE III A. Building with 56 underground parks Refer to Phase II total allocations for excess ramp stalls. A. Ramp #1 95 B. Ramp #2 59 Total allocation to Plaza III. New construction plus ramp I and 2 210 Final Allocation (completion of construction) Plaza I Ramp (#1) 371 Under Building (#1) 56 Under Plaza (#2) 63 Street (#1) 10 Total 500 Plaza II Ramp (#2) 371 Under Building (#2) 56 Under Plaza (#2) 63 Street (#1) 10 Total 500 Plaza III Ramp (#1 and #2) 154 Under Building (#3) 56 Total 210 5.20 OWNER'S ASSOCIATION OVERVIEW: CITY WEST PHASE / INT7- )DUCTION In order to maintain the distinct office/commercial/residential environment which is the basis of the City West project, it is necessary to create an effective and comprehensive plan for administering the Project. A properly formed Owner's Association for Phase I will ensure perpetual and consistent adherence to the City West plan by all those participating in the Project. The Owner's Association (the Association) will be created by the Developer pursuant to a Declaration of Covenants, Conditions, Easements and Restrictions (the Declaration). In the Declaration, the Developer (the Declarant) will submit all of the Phase I City West property (the Property) to the terms and conditions of Declaration, thereby ensuring a comprehensive plan for the development, use and maintenance of the Property. The Association, (the Association), which will be a Minnesota nonprofit corporation, will consist of all the Property owners. The purpose of the Association is to enforce and administer the terms and conditions of the Declaration. The Declaration will, among other things: — Designate a portion of the Property as "Common Property." The Common Property will be conveyed to the Association by the Declarant; — Provide for membership in the Association by owners of the Property not designated as Common Property; — Create easements, including parking, pond and walkways over the Common Property for use by the Property owners; — Provide for the construction of improvements on the Common Property and for the maintenance, repair and replacement of r").1 the Common Property and the sharing of the costs thereof among the owners of the Property; Provide a system for submitting additional property under the Declaration. This Overview will outline the format of the Declaration and generally describe the key provisions of the Declaration. Certain information, such as easement legal descriptions, are unavailable at this time and as a result, the purpose of this Overview is to provide a general description of the Declaration rather than present the actual technical language which will be incorporated in the Declaration. The executed Declaration would be filed no later than issuance by the City of a Certificate of Occupancy. I. Property Subject to Declaration. A. Common Property and Lots - All of the Property will be subject to the Declaration. The Property will be divided into two categories: 1. Common Property - That Prorerty owned by the Association for the benefit of all the Association members. Included in the Common Property initially will be the private roadways, parking ramps and parking areas, the Plaza, walkways, ponds, open space and recreational areas. 2. The Lots - All the Property, except the Common Property. Initially, the Lots will be the parcels upon which the office buildings will be constructed. B. Additional Property - The Declaration will provide a mechanism to include property adjacent to City West within the Declaration, thereby subjecting such adjacent property to the terms and conditions of the Declaration. 2 . 5,2a II. Membership and Voting Rights in the Association. A. Membership - Each person or entity who is a record owner of a fee or undivided fee interest in any Lot shall be a member of the Association. This will not include persons or entities who own an interest merely as security for the performance of an obligation (e.g., a mortgagee) unless and until the holder of such an interest has acquired title pursuant to foreclosure or otherwise. Where any Lot is sold by a fee owner to a contract vendee who is entitled to possession of the Lot, the contract vendee shall be considered the owner of the Lot. Membership shall be appurtenant to and cannot be separated from ownership of any Lot. B. Voting Rights - Each member shall be allocated voting rights in the Association. There shall be two classes of stock: Class A and Class B. Class A members shall be all Lot owners, except the Declarant. The sole Class B member shall be the Declarant. This mechanism will allow for the control of the Association and the Project by the Declarant for a specified period of time (typically not exceeding six (6) years). III. Property Rights in the Common Property. A. Easements Benefiting Lots - The Declaration shall create the following easements over, under and across the Common Property running in favor of the Lots (or, where appropriate, less than all of the Lots): 1. Nonexclusive easements for signs and advertising, both to be governed by the Rules and Regulations of the Association. 3. 2. Nonexclusive easements for egress and ingress to and from each Lot over and across the paved road areas to be constructed on the Common Property. A specific grant of easement will be set forth in the Declaration, specifying the exact legal description of the road area(s). 3. Nonexclusive easements to construct, install, repair and replace sanitary and storm sewers, water, gas, electric, telephone, television and other utility lines serving the Lots. 4. Nonexclusive easements over and across the Plaza portion of the Common Property for the uses contemplated by the Project and allowed by the Association. 5. Nonexclusive easements for ingress and egress over and across the Common Property for the use and enjoyment of those portions of the Common Property developed for open space or recreational purposes. These spaces and the allowed uses will be specifically described within the Declaration. 6. Nonexclusive easements for parking in the parking ramps and parking spaces to be constructed. B. Extent of Members' Easements - The easements and rights created by the Declaration shall be subject to the following: 1. The right of the Association to limit the parking easements in such a manner so as to allocate particular parking ramps or areas for the exclusive use of particular lots. 4 . S . 5,25 2. The right of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Property, and to grant mortgages covering the Common Property for such purposes. 3. The right of the Association, as provided in the Articles and Bylaws, to suspend the voting and enjoyment rights of any Member for any period during which any assessment levied against the Member remains unpaid. This restriction will not apply so as to deny a Lot owner access to its Lot. 4. The right of the Declarant to make use of such portions of the Common Property as is necessary and incidental to the construction of City West, including vehicular ingress and egress, parking, storage and maintenance of materials, together with the right of the Declarant to execute and deliver any and all necessary conveyances or dedications to governmental authorities or public utilities deemed necessary by the Declarant for the purpose of providing public utilities for the Project. 5. The right of the Association to dedicate or transfer all or any part of the Common Property to any public agency, authority or utility for public or utility purposes. IV. Authority to Construct, Manage and Maintain Improvements and Common Property. A. Construction of Improvements - The Association shall be given the right to construct upon the Common Property certain improvements approved by the City and consistent with the approved plan of City West including the proposed parking ramps, Plaza, cafeteria, private roadways, and recreational facilities (the Improvements). E. Maintenance of Common Property - The Association shall be given the authority by the Declaration to maintain, repair and replace the Improvements located on the Common Property as necessary. The Declaration shall empower the Association to hire such management agents or other similar personnel to oversee the construction and maintenance of the Improvements and the Common Property. V. Assessments. A. Levy - All expenses incurred by the Association in constructing, maintaining, insuring, repairing and replacing the Improvements constructed upon the Common Property shall be assessed among the Members of the Association. The Declaration shall authorize the Association to levy expenses benefiting all of the Lots among the Members in an equitable manner. The Declaration shall also authorize the Association to levy assessments against particular Members when only certain Lots are benefited by Association's expenses. B. Lien - All assessments for the expenses of the Association levied against the Members of the Association shall constitute liens against the Lots owned by the Members. Such liens shall be subordinate only to the lien of taxes and assessments and the lien of first mortgages covering the Lots. The Declaration shall empower the Association to collect assessments and foreclose the liens as allowed by law. 6. tja6 C. Special Assessments - The Association shall be empowered to levy special assessments as necessary to fund capital improvements or as required by emergency situations. VI. Insurance. The Declaration shall require the Association to maintain public liability insurance covering the Common Property insuring the Association and to purchase fidelity bonds covering those officers or employees of the Association managing the Association's funds. Additionally, the Association will be required to maintain casualty insurance on the insurable Common Property in an amount sufficient to protect the interest of the Association in the Improvements. It is possible, although not necessarily practical, for the Association to maintain certain types of liability and casualty insurance on the Improvements constructed upon the Lots. This is a determination which can be made after the incorporation of the Association and can be an item left to the election of the Association. This section of the Declaration shall also mandate the replacement or repair of Common Property which is destroyed by casualty or otherwise. This section will also require the replacement and repair of improvements constructed upon the Lots, unless such obligation is released by the Association. This requirement is necessary to ensure the viability of the entire project of City West. Architectural Control Committee. The Declaration shall also grant the Association the right to control the design and character of any improvements constructed upon the Lots. This right shall be governed pursuant to an Architectural Control Committee. This will ensure continued adherence to the overall design plan for City West. VIII. Rules and Regulations; Restrictions Relating to Use. The Declaration shall specifically provide the manner in which any of the Lots may be used by Lot owners. Presumably, these restrictions apply even to the Additional Property, although it is possible that when the Declaration is amended to include the Additional Property, this portion of the Declaration may also be amended to allow for contemplated uses. Restrictions may include the number and nature of the businesses and functions allowed within improvements constructed upon the Lots, together with the manner in which such businesses are conducted. The Declaration shall also grant the Association the right to promulgate such rules and regulations regarding the use of the Common Property as the Association deems reasonable and necessary for the common benefit of the Common Property, the Association and the Lots. Examples of such rules and regulations will be restrictions upon the type of activities allowed within the open spaces and recreational facilities, etc. IX. Rights of First Mortgagees. In order to ensure adequate financing options for Lot owners in constructing Lot Improvements, the Declaration must contain certain provisions relating to first mortgages and benefiting the holders of first mortgages. For example, first mortgagees must receive default notifications, exemption from liens for unpaid assessments subsequent to foreclosure and the like. 8. r);?W X. Amendment to Declaration and Restrictions on Activities of the Ar,sociation. , Provision must be made to amend the Declaration or to otherwise allow the Association act notwithstanding the terms of the Declaration. The approval requirements for such amendments or acts must be sufficiently high to ensure compliance by the Association with the approved plan of City West and to ensure for the planned development of the Property. XI. Duration of Covenants, Conditions, Restrictions and Easements. The covenants, conditions, restrictions and easements contained in the Declaration shall run with and bind the Lot and Property and shall be enforceable by the Association or the owner of any Lot subject to the Declaration, or the owner's respective legal representatives, heirs, successors and assigns. The Declaration shall provide that the easements granted in the Declaration shall be perpetual. All other conditions, covenants and restrictions shall have the longest duration allowed by Minnesota law. In addition to the Declaration, the Bylaws of the Association shall govern the method by which the Association is organized and administers the functions required of it by the Declaration. The Bylaws shall provide for - Election and duties of Board of Directors - Election and duties of officers of the Association - Powers of the Association (which will parallel the rights afforded to the Association by the Declaration) - Organization of the Association, meetings and voting 9 . 5:,2- 9 Financial operations of the Association including recordkeeping, levying of assessments and enforcement of same; preparation of annual budgets; reserve and replacement funds Rules and Regulations of the Association Amendment to Bylaws Such other terms as are necessary to effect the purpose and intent of the Declaration 10. 530 HENNEPIN COUNTY on equal oppodunIty employer DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 935-3381 February 24, 1982 HENNEMN Mr. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Fmger: RE Proposed Plat - "City West" CSAH 61 NWI:leadrant of TH 169 Section 1, Tammsliip 116, Range 22 As a result of the recent conversation between you and Les Weigelt of our department, we have again reviewed the proposed "City West" plat. The Hennepin County Department of Transportation reiterates the reccemendations and concerns included in our initial review dated August 7, 1981 (attached). -Recent revisions in the proposed "City West plat failed to include revisions based on the recommendations and concerns in our August 7, 1981 letter. Special attention should be given to the following: -The northerly access to "City West" should also be used as the future access to the Honeywell/East of Honeywell parcels. Due to the close spacing of the south frontage road and the Crosstown ramps, using the south frontage road as the main access to Honeywell/East of Honeywell should be de-cmphasized. This south frontage road access will be de-emphasized by allowing only right in - right out access. -Hennepin County does not have construction funds to participate in the reconstruction of CSAH 61. -Any new access to a county road requires an approved Hennepin County entrance permit before beginning any construction. See our Traffic Division for entrance permit forms. Please direct any response or questions to Les Weigelt. 'Janes M. Mold, P.E. Chief, Planning and Programming JIWIDW:pj Attachment CC: Dave Warner, c/o DJ, Inc. HErNEMN DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 935-3351 A. J. LEE H. 0. KLOSSNER D. D. SWENSON V. T. GENZLINGER D. L. HANSEN J. M. KIRTLAND G. GLASSCO M. REITER FILE: PLAT REVIEW (2 C.) August 7, 1981 Mr. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Enger: RE Proposed Plat - "City West" CSAH 61 NW Quadrant of TH 169/212 Section 1, Township 116, Range 22 Hennepin County Plat No. 950 Review and Recommendations Minnesota Statutes 505.02 and 305.03, P l a t s a n d S u r v e y s r e q u i r e C o u n t y r e v i e w of proposed plats abutting County roads . W e r e v i e w e d t h e a b o v e p l a t a n d f o u n d it acceptable with consideration of the s e c o n d i t i o n s : -The following recommendations are base d o n t h e R i c h a r d W . A n d e r s o n c o n c e p t p l a n for "City West" dated July 15, 1981. An y C h a n g e s i n t h i s c o n c e p t p l a n w i l l require re-evaluation by the Hennepin Co u n t y D e p a r t m e n t o f T r a n s p o r t a t i o n ( D O T ) . -To allow for future improvements and t h e c h a n n e l i z a t i o n o f C S A H 6 1 a l o n g " C i t y West" the developer should dedicate an a d d i t i o n a l 2 0 f e e t o f r i g h t o f w a y , making the right of way 60 feet from th e c e n t e r o f C S A H 6 1 . -The "City West" concept plan requires a m a j o r c h a n g e t o t h e L a n d U s e P l a n f o r the area east of CSNI 61. A major conc e r n t o t h e D O T i s w h a t t h e f u t u r e l a n d use will become west of CSAH 61 between CRA M 6 2 a n d T H 1 6 9 / 2 1 2 . -The DOT believes that access to "City W e s t " / H o n e y w e l l / E a s t o f H o n e y w e l l areas should be by two major intersections and t w o r i g h t - i n , r i g h t - o u t o n l y d r i v e s . The site planning for the area west of C S A I 6 1 s h o u l d b e c o o r d i n a t e d w i t h t h i s two major intersection concept now being d e v e l o p e d f o r t h e " C i t y W e s t / H o n e y w e l l / East of Honeywell areas. -Due to the close spacing of the MI 6 2 s o u t h r a m p S to the south frontage road, this south frontage road access to the H o n e y w e l l / E a s t o f H o n e y w e l l a r e a s s h o u l d be de-emphasized by extending the median t h r o u g h t h e i n t e r s e c t i o n a n d p e r m i t t i n g right-in, right-out access only. In add i t i o n , n o s i g n a l w o u l d b e p r o v i d e d a t this access point. 5-3,2 HENNEPIN COUNTY nmportunIty employer Mr. Chris Enger - 2 August 7, 1981 -The main northerly access to "City Wes t " / H o n e y w e l l / E a s t o f H o n e y w e l l a r e a s h o u l d be by the north major access street. Al s o , t h i s m a j o r s t r e e t s h o u l d b e straightened out to facilitate the eas t - w e s t m o v e m e n t . D o u b l e l e f t t u r n l a n e s in and out would be provided at the in t e r s e c t i o n o f t h i s s t r e e t a n d G S M 6 1 a l o n g with a traffic signal. -To allow room for channelization and to a i d i n t r a f f i c f l o w , t h e d r i v e w a y locations on the north and south major a c c e s s s t r e e t s s h o u l d b e a m i n i m u m o f 300 feet from their intersection with CS A H 6 1 . -The south major access street to "City W e s t " c a n b e l o c a t e d e i t h e r o p p o s i t e Plying Cloud Drive or Rowland Road. Dou b l e l e f t t u r n l a n e s i n a n d o u t w o u l d b e provided at the intersection of this st r e e t a n d C S A H 6 1 a l o n g w i t h a t r a f f i c signal. Traffic signals will work at ei t h e r l o c a t i o n . -To handle the additional traffic gener a t e d b y " C i t y W e s t " , C S A H 6 1 m u s t b e u p - graded to a 4-lane divided street with a n i s l a n d f o r c h a n n e l i z a t i o n f r o m CSAH 62 to approximately 2000' south, and from T H 1 6 9 / 2 1 2 t o a p p r o x i m a t e l y 1 2 0 0 ' n o r t h . Hennepin County does not contemplate an y a d d i t i o n a l u p g r a d i n g o f C & 1 1 1 6 1 w i t h County funds. The required improvements t o C S A i l 6 1 s h o u l d b e p e r f o r m e d n o w b y the City and/or developer. -It appears to the DOT that Rowland Road w e s t o f C a l i 6 1 m a y h a v e t o r e t a i n a c c e s s from both north and southbound traffic f r o m C S A H 6 1 . -At full development, signals will be r e q u i r e d a t t h e r a m p s f r o m T H 1 6 9 / 2 1 2 , t h e "City West" south major access street, t h e " C i t y W e s t " n o r t h m a j o r a c c e s s s t r e e t , and the ramps at CSAH 62. No signals wi l l b e p e r m i t t e d a t " C i t y W e s t " a c c e s s opposite Rowland Road or at the CSAH 62 s o u t h f r o n t a g e r o a d . -Any new access to a County road requir e s a n a p p r o v e d H e n n e p i n C o u n t y e n t r a n c e permit before beginning construction. S e e o u r T r a f f i c D i v i s i o n f o r e n t r a n c e permit forms. -All proposed construction within County r i g h t o f w a y r e q u i r e s a n a p p r o v e d u t i l i t y permit prior to beginning construction. T h i s i n c l u d e s , b u t i s n o t l i m i t e d t o , drainage and utility construction, trail d e v e l o p m e n t , a n d l a n d s c a p i n g . S e e o u r Maintenance Division for utility permit f o r m s . -The developer must restore all areas di s t u r b e d d u r i n g c o n s t r u c t i o n w i t h i n C o u n t y right of way. Please direct any response or questions t o L e s W e i g e l t . Sincerely, James M. Wold, P.E. Chief, Planning and Programming J141/LDW:pj cc: Dave Warner, BRII joiEs0t. b y - 1-' '-p Minnesota 0 Deparlincilt Of Transportation 4 . • ' 1.)1:-.4trtct 5 :2055 No. Lilac Drive Golden Valley, Minnesota 55422. (612) 545.3761 February 24, 1982 Mr. Chris Enger Director of Planning Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 S.P. 2763 T.H. 169 Plat review of City West located in NW quadrant of T.H. 169 and CSAH 61 interchange in part of Section 1, Tsp. 116, Range 22 in the City of Eden Prairie Hennepin County Dear Mr. Enger: We are in receipt of the above referenced plat fo r o u r r e v i e w i n a c c o r d a n c e with Minnesota Statutes 505.02 and 505.03 Plats a n d S u r v e y s . T h i s p l a t w a s previously reviewed by us and our comments were s e n t t o t h e C i t y . W e h a v e no additional comments to make at this time. If you have any questions in regard to this matt e r , p l e a s e c o n t a c t o u r Layout, Research and Development Engineer Mr. J. S . K a t z a t 5 4 5 - 3 7 6 1 ext. 150. Thank you for your cooperation in thi s m a t t e r . Since e1y, 7 W. M. Crawford, P.E. District Engineer c.tt cc: Charles Weaver Metropolitan Council Mike Reiter Hennepin County Surveyor's Office An Equal Opportunity Employer .va. (9 • OF TFP - „tolESo ti I Minnesota DeNrunent of Transportation tt, Disinc.:t 5 2055 No. Lilac Drive '1•o'F-1-01- Golden Valley, Nlinnesota 55422. October 20, 1981 Mr. Chris Enger Planning Director City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 S.P. 2763 T.H. 169 Plat review of City West located in the NW quadrant of TM 169 and CSAH 61 interchange in part of Section 1, Township 116, Range 22 in the City of Eden Prairie, Hennepin County Dear Mr. Enger: We are in receipt of the above referenced plat fOr o u r r e v i e w in accordance with Minnesota Statutes 505.02 and 5 0 5 . 0 3 P l a t s and Surveys. This plat was previously reviewed by u s a n d o u r 'comments were sent to the City on August 11, 198 1 . W e h a v e n o additional comments to make at this time. If you have any questions in regard to this matte r , p l e a s e contact our District Layout, Research and Develop m e n t E n g i n e e r , Mr. J. S. Katz, at 545-3761 ext. 150. Thank you f o r y o u r cooperation in this matter. Sin C el I:2)/1?1 - W. M. Crawford, P.E District Engineer / cc: Charles Weaver Metropolitan Council Mike Reiter Hennepin County Surveyor's Office 53S r„.,,,I ()nruniuniiv Empioyer 021 545.3761 CITY WEST CONCEPT PLAZA 1-2-3 The intentions of ADI in developing the City West project are to create a unique office/commerical environment -- one which will be a distinctive and proud addition, not only to Eden Prairie but to the entire metropolitan area. In selecting the site for the Plaza 1-2-3 buildings, the orientation and aesthetic con- siderations reflect ADI's concern for the site in the development of a first class executive office facility. The buildings are positioned on the site to maximize views of the significant amount of greenery and water while promoting the image of a stable, successful office environment. The City West development, Plaza 1-2-3 phase, is distinguished from and superior to nearly all existing office park facilities in the metropolitan area in several respects. Working with a reasonably low density factor, the Plaza 1-2-3 is formulated to three buildings of six stories in height each to preserve as 'much open space as possible. Similarly, as much parking as feasible will be out of view below ground level with most of the additional parking contained in a ramp. The loop road through the development and traffic patterns in the Plaza 1-2-3 phase are designed to enhance the views of the site while establishing an efficient traffic flow. Page 2 (continued) The executive office image is presented with the use of t h e b r i c k exterior facade and bronze tinted glass windows with over 5 0 % glass to opaque exterior surface. Inside and out, the org a n i z a - tion of the building service core forms an attractive focu s a t the end of the building structure. As the excellent quali t y of exterior finishes is apparent, that quality extends to t h e interior finishes as well. The lobby, foyer areas includes generous amounts of glass, stone flooring, landscaping and a r t work. The interior has been designed with virtually no o b s t r u c - tions on the floors to permit tenants to maximize views o f t h e natural surroundings while using the efficient "open-offi c e " f u r - nishings concept. The buildings are positioned with easy access to the peopl e plaza. The plaza is situated next to the pond and pedestr i a n path. The project includes furnishing and maintaining the p l a z a to provide the buildings' occupants with a convenient, res t f u l space to spend their leisure time at the office. We are confident that City West will be a very successful p r o j e c t as we seek to preserve its significant natural site feature s a n d amenities. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-60 RESOLUTION APPROVING THE PRELIMINARY PLAT OF CITY WEST PHASES 1-3 BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of City West, Phases 1-3 dated March 1, 1982 , a copy of which is on file at the City Hall and amended as follows: is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the n day of 19 . Wolfgang H. Penzel, Mayor John D. Franc, City Clerk SEAL 533 February 26, 1982 TO: Chief Hacking THROUGH: Captain Keith Wall FROM: Sgt. Les Bridger SUBJECT: Liquor License Application We have completed the record checks and background investigation of all the principals listed on the application submitted by Canterbury Restaurant Enterprise Incorporated currently doing business as Chester's Family Restaurant. There is no apparent reason for our Police Division to recommend denial of a liquor license for this establishment. Listed below are the agencies contacted to obtain background and character reference data. Alcohol, Tobacco and Special Taxes Bloomington Police Department Brooklyn Center Police Department Bureau of Alcohol, Tobacco and Firearms Bureau of Criminal Apprehension (contraband) Bureau of Criminal Apprehension (OCIU) Bureau of Criminal Apprehension (records) Carver County Sheriff Columbia Heights Police Department Crystal Police Department Dakota County Sheriff Department of Corrections Drug Enforcement Administration Eden Prairie Department of Public Safety Edina Police Department Federal Bureau of Investigation Golden Valley Police Department Hennepin County Sheriff Internal Revenue Service Minneapolis Police Department Minnesota Attorney Gei,eral Minnesota Liquor Control Minnetonka Police departwent New Prague Police Department Ramsey County Sheriff Richfield Police Department Robbinsdale Police Department Roseville Police Department Scott County Sheriff South St. Paul Police Department .Spokane Police Department (Washington) State of Washington Crime Bureau St. Anthony Police Department St. Louis Park Police Department St. Paul Police Department United States Postal Service United Stated Secret Service Wabasha County Sheriff Wabasha Police Department Washington County Sheriff Wayzata Police Department West St. Paul Police Department AFFIDAVITS OF GOOD CHARACTER 1. Ma. Mary Rife, 18040 Fairhomes Lane, Wayzata 2. Ms. Elizabeth Haugen, 1191 Xene Lane, Plymouth 3. Ms. Nancy Frost, 255 West 96th Street, Bloomington 51/0 CITY OF EDEN PRAIRIE IN SUPPORT OF AN APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE Part I General Information Directions: This form must be filled out in duplicate with typewriter or by printing in ink. If the application is oy a natural person, by such person; if by a corporation, by an officer, thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. 1. Name of applicant (name of individual, partnership, corporation or association): CanteAbuity ReslAmant Entekvii.se 7mc. 2. Name under which applicant will be doing business (name of restaurant, hotel or club), business address and telephone number: Full Name Chest:en Famiey Re.6tAmant Business Address 7765 Ma:chat Road Phone 937 -1047 IF BUSINESS IS TO BE CONDUCTED UNDER A DESISNATION, NAME OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE PPLICANT, ATTACH A COPY OF THE CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINN:SOTA STATUTES, CERTIFIED BY THE CLERK OF THE DISTRICT COURT. 3. Type of applicant: Individual Partnership XX Corporation Association or other 4. Type of license applicant seeks? XX On Sale Snecial Club 5(0. If applicant is an individual, state full name, residence and business address and telephone numbers. Full Name Residence Address Phone Phone Business Address (A part II Personal Information form must be filled out and attached for this individual.) Residence Address Phone (A Part II . Personal Information form must be filled out and attached for this individual.) 6(a). If applicant is a partnership, state full name, residence and business address, telephone numbers, and interest of each member of the partnership. 1. Full Name Interest 'Phone 74%one Residence Address Business Address 2. Full Name Interest Residence Address Dusiness Address 3. Full ,Name "hone Phone Intery,t Phone Phone • Interest I .3 Residence Address Business Address 4. Full 9ame Residence Address Business Address ^hone 'hone - - (A cart II Personal Information form must be filled out and attached for each of these individuals.) (b). The managing partner will be: (c). The full name, residence address and telephone nurher of the manager, proprietor or other agent in charge of the partnership's p ,,-Iises tn be licensed. Full Name Residence Address Phone (d). The interest of each partner in this business (A Part II - Personal Information form must be filled nut and attached for this Individual.) IF THE APPLICATION IS FnR A PARTNERSHIP, ATTACH A TRUE COTY OF THE PARTNERSHIP AGREEMENT AND A cur !IF THE CERTIFICATC. OF TRADE NAME WIDER PROVISIOuS OF CHAPTER 333, MIN'aSnTA STATUTES, CERTIFIED BY THE CLERK OF DISTRICT COURT. 7(a). If the applicant is a corporation or associatinn, give name of corporation or association, Eden Prairie address and phone nulhor, and home office address and ' phone roimber. 5%/02 (d). The full names, residence address and telephone number of the manager, proprietor or other agent in charge of the corporation's or association's premises to he licensed. 543 Halle Cheite.73 Famieu Re6taaAant4 State of Inc. or Assoc. Eden Prairie Address 7765 WteheCt Road "hone 937 -1047 Home lffice Address 9117 LabuiaZe Avenue South °hone 884-6901 (b). The full names, residence address and telephone numbers of all officers of said corporation or association. 'resident Ge6,e3e Peq Residence Address 1230 (Uoodh.df Avenue Wauznta Phone 475-2835 Vice President VaLtd M. Ryan Residence Address 4178 15th Avenue South Minneaeota Phone 827-5285 Secretary - TkeasuneA Douata4 A. Penhir4 Residence Address 2138 Robtun Avenue S. Paut 'hone Treasurer 644 -8116 Residence Address Phone (A Part II - Personal Information form must be filled out and attached for these individuals.) (c). The full names, residence address and telephone number of all persons who singly or together with their spouse and his or her parents, brothers, sisters or children, own or centrol an interest in said corporation or association in excess of 5%. I. Full Name neooty Ion NNI Interest Residence Address 1230 Toodhift Avenue Wauzata. AL^hone 475-2835 2. Full Name DavirL/Uchaet RL;an Interest Residence Address 4128 1r;tl n Avenue South 016..Mn. 'hone 827-5285 3, Full Name _r onfi En k Apdtpv, Residence Address 4. Fell Name Residence Address po .11:, Ik. Interest Phone 644-8116 Interest Phene (A 'art II . Personal Information form must be filled out and attached for these individuals. Full Name Residence Address' Phone (A Part II - Personal Information form must be filled out and attached for this individual.) IF THIS APPLICATION IS FOR A CORPORATION OR ASSOCIATION, ATTACH A TRUE COPY OF THE ARTICLES OF INCORPORATION OR ASSOCIATION AGREEMENT AND SY-LAWS AND, IF A FOREIGN CORPORATION, A CERTIFICATE nF AUTHORITY AS DESCRIBED IN CHAPTER 303, MINNESOTA STATUTES. 0(a). If the applicant is a club, name of club date that club was first incorporated place of such organization members ; present number of ; the full names, position, residence address and phone number of all officers, executive committee and board of directors, I. Full Name Position Residence Address 2. Full Name Residence Address 3. Full Name Residence Address 4. Full lame Residence Address 5. Full Name Residence Addrass _ 6. Full Name Residence Address 7. Full Name Residence Address 0. Full Name Residence Address 2. Full Name Residence Address Phone Position Phone Position Phone position Phone Position Phone Position Position Phone Phone Position Phone Position Phone 10. Full Name Position Residence Address (A Part II . Personal Information form must be filled out and-attached for each of these individuAls.) (b). The full name, residence address and telephorie number of the manager, proprietor or other agent in charge of the club's premises to be licensed. Full Name Residence Address Phone (A Part II Personal Information form must be filled out and attached for this individualc) IF THIS APPLICATION IS FOR A CLUB, INCLUDE A TRUE COPY OF THE ARTICLES OF INCORPORATION AND BY-LAWS. THERE MUST DE SUBMITTED A SWORN STATEMENT THAT THE CLUB HAS BEEN IN EXISTENCE FOR MORE THAN FIFTEEN YEARS oR, IN THE EVENT THAT THE APPLI- CANT IS A CONORESSIONALLY CHARTERED VETERANS' ORGANIZATION, IN EXIS- TENCE FOR MORE THAN TEN YEARS PRIOR TO JANUARY 1, 1961. THE STATEMENT SHALL BE MADE SY A PERSON WHO HAS PERSONAL KOwLEDIE OF THE FACTS STATED THEREIN. IN THE EVENT THAT MI PERSON CAN MAKE SUCH A STATEMENT, SATISFACTORY DOCUMENTARY PROOF MAY BE SUBMITTED IN SUPPORT OF SUCH FACTS. 9. State the exact legal description of the premises to be licensed. (Applicant must also submit a plat plan of the area showing dimensions, location of buildings, street access, parking facilities and the locations of and distances of buildings, street access, parking facilities and the locations of and distances to the nearest church building and public school grounds.) CbtoaOh,c 9-4,MeTener, CENTOL 10. How are the premises classified under the Village of Eden Prairie zoning ordinance? 11. State full name, residence and business address and telephone numbers of owner or owners of the building wherein the licensed business will he lenated, if owner is other than the applicant. Full Name Fri Residence Address . Business Address ._ Full Name Residence Address . Business Address_ 7400 Metlo Edima Phone Phone Ric-J.0(1 4 Phone Phone Phone 105.0. ,Pr 12. Where building is owned by other than applicant, state in summary conditions of lease arrangement - term of years, monthly rental, etc. (A true copy of the lease shall.bc attached.) 13. If building is owned by individual applicant, partnership, corporation of association, state: (a) Date purchased (b) name and address of person; purchased from (c) Purchase price $ (f) Who currently holds mortgage? (g) Amount of Contract for Deed $ Contract for Deed? ; (d) Amount of down payment $ (h) Who currently holds (i) Term of Mortgage (j) Term of Contract for Deed (k) Rate of interest on Mortgage (1) Rate of interest on Contract for Deed (m) State the rate at which Mortgage and/or Contract for Deed is being liquidated (n) Are the payments on Mortgage and/or Contract for Occd up to date? 14. State the amount of the investment that the applicant has in thc busiress premises, fixtures, furniture, stock in trade, etc. and attach supporting proof of the source of such money. SSO,000 15. Give full name, address, telephone number and the nature of the interest, amount thereof, terns for payment or other reirbursemort, of all persons, other than the applicant, who have any financial interest in the business, buildings, Premises, fixtures, furniture, or stock in trade. (This shall include, bvt not be limited to, any lessees, lessors, mortgagees, mortgagors, lendors, lion holders, trustees, trustors and persons aho havr cm-signed notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant, but shall not include persons owning or controlling less than 5:4 interest in the business, if a corporation). 61/6 IF THIS APPLICATION IS FOR PREMISES EITHER PLANNED OR UNDER CONSTRUCTION OR UNDERGOING SUBSTANTIAL ALTERATION, THE APPLICA T I O N SHALL BE ACCOMPANIED BY A SET OF PRELIMINARY PLANS SHOWING THE DESIGN OF THE PROPOSED PREMISES TO BE LICENSED. IF THE PLANS O R DESIGN ARE ON FILE WITH THE SUPERINTENDENT OF THE BUILDING DEPA R T - . MENT, NO PLANS NEED BE FILED WITH THE APPLICATION. 16. State the floor number, general area, and rooms where intoxica t i n g l i q u o r i s to be sold and consumed. S.'.u' Zt-in mAsz-vp.., (Applicant shall attach a floor plan showing dimensions and ind i c a t i n g n u m b e r of persons intended to be served in the dining rooms, and ind i c a t i n g a n d identifying all other rooms and other areas where intoxicatin g l i q u o r i s t o be sold and consumed.) 17. What permits required by the Federal government by the Laws o f t h e U n i t e d S t a t e s have been applied for or issued for the premises? In what nam e w e r e t h e s e applied for or issued and what is the nature of the permit? 18. What permits or licenses required by the State government by t h e S t a t u t e s h a v e been applied for or issued for the premises? In what name we r e t h e s e a p p l i e d for or issued and what is the nature of the permit or license? St.at Sm.e.. ,Asr CHILMT Fh LA R.CSTMARA...rrs 19. Are any real estate taxes, personal property taxes, special a s s e s s m e n t s , o t h e r financial claims of the Village of Eden Prairie delinquent or u n p a i d f o r t h e premises to be licensed? No If "yes", give details. 20. Is the premises located within 1000 feet of any public school? (This distance is as measured in a straight line from the parc e l o r l o t u p o n which the business to be licensed is located to the nearest po i n t o f t h e parcel or lot upon which the public school is located.) No 21. Is the premises located within 1000 feet of any church? (This distance is as measured in a straight line from the parc e l o r l o t u p o n which the business to be licensed is located to the nearest p o i n t o f t h e church building.) No 1 I •n c)A _I V Al. •• • P •.4A 1 OVA ' • "ifilv . -7- 7 22. If the preeses is a hotel, is there a dining room, open to the public, with a minimum floor area of 900 square feet? 23. If the premises is a restaurant, is there a minimum floor area of 1200 square feet for dining, open to the general public? y„ n. Name, residence address, business address and telephone numbers of three persons, residents of Hennepin County, of gocd moral chsractcr, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. 1. Name Mms..4 Residence Address %some Va,....w.mes 1.0ktveck lulw PhOne, .413-stsso Business Address -ems Wm. rk t, 2. Name EulAtx-ro n41.1g.pc'f€ Ct. 611..1 Phone 9.161-",‘ 6 00 Residence Address MI )(ENE Lew- , "hone Wm- 2.5ws Business Address 1st ci S MI‘s. 3. Name t.l.“.t..4 Ca.01.-r Residence Address 2-SS g4 Iceerw...”-ra.3 MN Phone Pteve..14. 114S0 t s4s-0 ,441.• STATE CF ) SS CoUMTY OF It.C'ea4,n "' being first duly swori, upon his oath deposes and says that he is the person who has executed the above acplicatilon end that the statements made therein are true of his evi knowledv an elie Signed i 0.4114+1, Subscribed and sworn to before me this A day of' 7.. 19 rt--n) , 7V ) Notary Public, ( -- County ., 1ty commission c,;,ires 6 19 a Y 3,1; -9150 gsi - SiSt, JAYNE E, JA00I3SON NOTARYPVWC-MWAMSOTA HENNEPIN POUNTY My )1!•11, 4423, me fl. Octobett 2._ 1981 I1IA1UR' OF PERSON KING APPLICATION Seetritand._-_Theamm (DATE) 66,4110t:AW:tX (Please fill out in 4n4pfferte) APPLICATION ND. Fee Code 303.61 Investigating Fee Code 307.37 DATE RECEIVED BY CITY OF EDEN PRAIRIE 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE License Period Ending December 31, 19 0 It Dnurliell, Angto.16 Nthing, • as (Name OT person making application) ) (In i ua owner, officer, or partner) for and in behalf of Anto,thnny Pectivinant Fntotnet4eA Tno (MyseSf, names of partners, name of corporation or association) hereby submit this application for a Oa Sate (On-Sale or Special Club) Intoxicating Liquor License for the Che6fivo Famitv Re5tattaant ---TName of restaurant, hotel or club) at 7765 MLtchcLf Rd. (Street Address) 9 Place and date of birth: Now Prague, m Residence Address: 1230 lgoodhill Ave. Wayzata, MN CITY OF EDEN PRAIRIE, MINNESOTA IN SUPPORT OF AN APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE • PART II - Personal Information Directions: This form must be filled out in duplicate with typewriter or by printing in ink by the 'sole owner, by each partner, by each officer, or director, by each manager, proprietor or other agent in charge of the premises, by each person who by combined ownership or control has an interest in a corporation or association in excess of 5%. Date: October 13, 1981 I. Neu. George Jon True Name: (East, First Middle) 2. 1210 Woodhill Ave. Wayzata, MN 55391 Residence Address: (Number, Street, City, State) 475-2835 3. Phone Number: 4. 9117 LNndale Ave. So. Bloomington, MN. Business Address: (Number, Street„City, State) 5. Phone Number: 6. Spokane, Washington Place of Birth: (City, County. State) 4-27-47 7. Date of Birth(Mo,Day,Yr.) 8846901 8.* U.S. Citizen? es Naturalized? Yes if yes, give date and place: No 9. If you have ever used or been known by a name or names other than the true name' given in 01 above, list such name(s) and in fl above, list such name(s) and information concerning dates and places where used. NAMES Dates, Places and Circumstances NO 10. Marital Status: Single Widowed Separated Married X Divorced 11. arrie , true name, p ace an. ate o birth, & resi ence a dress o spouse: Tr ue Nam: DaIsIne Rae Richter Are you a registeftd voter? Yes jf yes, where are you registered? Is your spouse a registered voter? Yes If Yes, where is spouse reigstered? 13. Address(es) at which you have lived during preceding ten years. (Begin with present or last address and work back.) No. and Street City and State , Dates 3230 Woodhill Ave. Wayzata, MN • 8 0 -8 1 100 Towns Rd. Wayzata,VN 78 -80 17603 15th Ave. Wayzata, MN 76 -78 4238 Aldrich Ave. So. Minneapolis, MN 71-75 14. Address(es) at which your spouse has lived during preceding ten years. (Begin with present or last address and work back.) No. and Street City and State Dates 6670 Vernon Ave. Edina, MN 1435 West Jeassime St. Pau], MN 212 So. 2nd St. New Prap;lie, MN 4/80-6/81 6/78-4 /8 0 Prior 15. Kind, name and location of every business or occupation you have been engaged in during preceding ten years. (Begin with present or last address and work back.) Location: Street Address Nature of business Business or occupation City and State or occupation Cheaters Family Restaurant- 9117 Lyndale Ave. BloominRton,MN 77-8 1 Perkins Dir. Quality Control Mr;ls. HIM 71-77 16. Kind, name and location of every business or occupation your spouse has been engaged in during the preceding ten years. (Begin with present or last one first and wort back.) Location: Street Address Nature of business Business or occupation City and State or ocaupation Chester's 9117 Tyndale Ave. So. Horticulturist Student Univernity of Minnesota 11 4 -2 - 1/1::) • 17. Names and addresses of your employers and partners, if any, for the preceding •ten years. (Begin with present or last one first and work back.) , Names: Employers or Partners Cheaters • Perkins Ed. Suttle Address: City and State 9117 Lyndale Bloomington • Dates . 77 7 81 49th and Eden Ave. Edina 71.-77 18. Names and'addresses of your spouse's employers and partners, if any, for the preceding ten years. (Begin with present or last one first and work back.) Names: Employers or Partners Addresses: City and State Dates Cheaters Family Restaurants 9117 Lyndale Ave. So. 19. Have you, your spouse. or 8 parent, brother, sister or child of either of you, ever been convicted of any felon cr ime or violation of any ordinance, other than traffic? Yes No If yes, give information as to the time, place and offense for which convictions were had. 20. Have you, your spouse, or a parent, brother, sister or child of either of you, ever been engaged as an employee or in operating a saloon, hotel z;Etaurant„ cafe, tavern or other business of a similar nature. Yes . If yes, give information as to the time place and length of time. • •3— ) Jo< 21.' Have you been in military service? (Yes) No If yes, was discharge(s) ever other than honorable?. Yes (Upon request, you may be required to exhibit all discharges.) 22. Names, residence address, business address ., and telephone numbeis of each person who is engaged in. Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to you or your spouse than second cousin, whether of the whole or half blood, computed by the rules of civillaw, or who is a brother-in- law or sister-in-law of you or your spouse. None 1. Full Name Relationship Residence Address Phone Business Address Phone 2. Full Name Relationship Residence Address Phone Business Address Phone 3. Full Name Relationship Residence Address Phone Business Address Phone 23. Are you a manufacturer or wholesaler of intoxicating liquor or interested directly or indirectly in the ownership or operation of any such business? Yes 24. Are you directly or indirectly interested in other establishments in the City of Eden Prairie to which a license of the same kind has been issued? (Refer to City Code, Section 158 , for persons ineligible for license.) Yes No 25. Are you the spouse of a person o would be ineligible for a license? (Refer to City Code. Section 158. for persons ineligible for license.) Yes 26. What is the amount of investmen at you will have in the business, building, premises, fixtures, furniture, stock in trade, etc., and what was the source of such money? (You must be prepared to furnish proof of the source of such money.) _j25,..(2.00 -4- • ;153 . STATE OF COUNTY OF ss . , being first duly sworn upon his/her oath, desposes and says that he/she is the person who has executed the above Personal Information form and that the statements made therein are true of his/her own knowledge and belief. Signed: Subscribed and sworn to me before this del/i)f 19 19 . JAMES WM. HUNTER, JR. 1.; NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Conant...ton Explte3 Nov. S. ISO 27. Have you had any interest in any previous intoxicating l or license that was revoked, suspended or not renewed. Yes If yes, explain in detail. 28. Have you ever individually, or With others, made application for an intoxicating liquor license and had such application denied Yes No If Yes, explain in detail. CITY OF EDEN PRAIRIE, MINNESOTA IN SUPPORT OF AN APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE PART II - Personal Information Directions: This form must be filled out in duplicate with typewriter or by printing in ink by the 'sole owner, by each partner, by each officer, or director, by each manager, proprietor or other agent in charge of the premises, by each person who by combined ownership or control has an interest in a corporation or association in excess of 5%. Date: OrtnbeA 219g1 Rcmkink, %Lela kmdleim True Name: (Cast, First Middle) 2138 Robtgn Avenue St. Paut, Minnesota 55104 644-8116 Residence AdPess: (Number, Street, City, State) 3. Phone Number: 4. 7765 Mitchell Rd. Eden PAaiiiie, MinneAota 937-1047 Business Address: (Number, Street, .City, State) 5. Phone Number: 6. St. Pau, RanAeg, MinneAota 6-4-51 Place of Birth: (City, County, State) 7. Date of Birth(MO,Day,Yr.) B. U.S. Citizen? cys.§.) Naturalized? Yes if yes, give date and place: No No 9. No If you have ever used or been known by a name or names other than the true name given in #1 above, list such name(s) and in #1 above, list such name(s) and information concerning dates and places where used. NAMES Dates, Places and Circumstances NO 10. Marital Status: Single Widowed Separated Married Divorced XX 11. Married, true name, place an Date of birth, & residence address of spouse: True Name: Plate and date of birth: 1. 2. Residence Address: 1:7. Are you a registered voter? ( Yes) jf yes, where are you registered?__ pLim Apy coney Is your spouse'a registered voter? Yes NO If yes, where is spoule reigstered? 13. Address(es) at which you have lived during preceding ten years. (Begin with present or last addriss and work back.) No. and Street City and State , Dates 2138 RoKyn Avenue St. Paul., MinneAnta 1975 - 1981(Pnesent) 1123 Hauge Avenue St. Paid.. Minnesota 1974-1975 2045 Edgeeumbe St. Pau, Minnesota 1973-1974 1600 Gtand Avenue Macatastut Coteecie 1969-1973 14. Address(es) at which your spouse has lived during preceding ten years. (Begin with present or last address and work back.) No. and Street City and State Dates 15. Kind, name and location of every business or occupation you have been engaged in during preceding ten years. (Begin with present or last address and work back.) Street Address Location: Nature of business Business or occupation City and State or occupation ChmteA4 Family RestnuAants 9117 tun_date Avenue So, Manage-% Penkins Famitu Restaunants 49th S fden Avenue EdLna ManageA 16. Kind, name and location of every business or occupation your spouse has been engaged in during the preceding ten years. (Begin with present or last one first and work back.) Location: Street Address Business or occupation City and State Nature of business or ocauNation -2- tit)", 17. Names and addresses of your employers and partners, if any, for the preceding •ten years. (Begin with present or last one first and work back.) Names: Employers or Partners Address: City and State Dates CheAtvi restaa iit PeAkia6 Famitg ReAtmaants 9117 I rim-fret, Atomic , qo RP onmi 1,3 to% 3.6 1 49th A Edoo AtIO MiolloAnto 1°17-J91 1$71-1477 18. Names and addresses of your spouse's employers and partners, if any, for the preceding ten years. (Begin with present or last one first and work back.) Names: Employers or Partners Addresses: City and State Dates 19. Have you, your spouse, or a parent, brother, sister or child of either of you, ever been convicted of any felon ime or violation of any ordinance, other than traffic? Yes No If yes, give information as to t e time, place and offense for which convictions were had. 20. Have you, your spouse, or a parent, brother, sister or child of either of you, ever been engaged as an employee or in operating a saloon, hotel tor6taprant, cafe, tavern or other business of a similar nature. Yes . If yes, give information as to the time place and length of time. -3- C r -1 ) ) / •• 5-r? 21." Have you been in military service? • Ye ((No If yes, was.discharge(s) ever other than honorable • - Ye s No (Upon request, you may be required to exhibit all dischar g e s . ) 22. Names, residence address, business address', and telephone n u m b e r s o f each person who is engaged In' Minnesota in the business o f s e l l i n g , manufacturing or distributing intoxicating liquor and who i s n e a r e r o f kin to you or your spouse than second cousin, whether of t h e w h o l e o r half blood, computed by the rules of civil.law, or who is a b r o t h e r - i n - law or sister-in-law of you or your spouse. None 1. Full Name Relationship Residence Address Phone Business Address Phone 2. Full Name Relationship Phone Residence Address •Business Address 3. Full Name Phone Relationship Phone Residence Address Business Address' Phone 23. Are you a manufacturer or wholesaler of intoxicating liq u o r o r i n t e r e s t e d directly or indirectly in the ovieWlip or operation of a n y s u c h b u s i n e s s ? Yes 24. Are you directly or indirectlY`fnferested in other establ i s h m e n t s i n t h e City of Eden Prairie to which a license of the same kind h a s b e e n i s s u e d ? (Refer to City Code, Section 154,10 1, for persons ineligible for license.) Yes 25. Are you the spouse of a personiaTrwould be ineligible for a l i c e n s e ? (Refer to City Code, Section 158.09, for persons ineligibl e f o r l i c e n s e . ) Yes tib 26. What is the amount of investment that you will have in the b u s i n e s s , b u i l d i n g , premises, fixtures, furniture, stock in trade, etc., and w h a t w a s t h e s o u r c e o f such money? (You must be prepared to furnish proof of the s o u r c e o f s u c h money.) $25,000.00 Moltvge on kmue -4- 27. Have you hdd any interest in any previous intoxicating 1' r license that was revoked, suspended or not renewed. Yes No• If yes, explain in detail. 28. Have you ever individually, or with others, made applic liquor license and had such application denied Yes If Yes, explain in detail. for an intoxicating STATE OF_ COUNTY OF ss . , being first duly sworn upon his/her oath, desposes and says that he/she is the person who has executed the above Personal Information form and that the statements made therein are true of his/her own knowledge and belief. • Signed: Subscribed and sworn to me before this d dfn,:e 19 /57 • Notary Publi , / County My Commisssion bcPires 19 ri?Y. • 9.; CITY OF EDEN PRAIRIE, MINNESOTA IN SUPPORT OF AN APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE • PART II - Personal Information Directions: This form must be filled out in duplicate with typewriter or by printing in ink by the 'sole owner, by each partner, by each officer, or director, by each manager, proprietor or other agent in charge of the premises, by each person who by combined ownership or control has an interest in a corporation or association in excess of 5%. Date: October 13th, 1981 _ 1. Ryan, David Michael True Name: (Last, First Middle) 2. 4128 15th Lye. So. Mule. Residence Address: (Number, Street, City, Stati) 3. Phone Number: 4. 280 County Rd. "D" West Roseville, MN 633 -6125 Business Address: (Number, Street,.City, State) 5. Phone Number: 6. Wabasha Minnesota 6-12 -48 Place of Birth: (City, County, State) 7. Date of Birth(Mo,Day,Yr.) 827-5 2 85 8.. Naturalized? Yes if yes, give date and place: No U.S. Citizen? 9. If you have ever used or been known by a name or names other than the true name given in #1 above, list such name(s) and in #1 above, list such name(s) and information concerning dates and places where used. NAMES Dates, Places and Circumstances NO 10. Harital Status: Single x Widowed Separated Married Divorced I( Married, true name, place and date of birth; & residence address of spouse: True Name: Place and date of birth: • Residence Address: 6;k) Are you a registeted voter? Yes jf yes, where are you registered? Is your spouse a registered voter? Yes ' No' If yes, where is spouse reigstered? 13. Address(es) at which you have lived during preceding ten years. (Begin with present or last addriss and work back.) No. and Street City and State •, Dates 4128 15th Ave. Mpls 6/76-81 3755 Lyndale Ave. So. Mpls. To 17 yrs.-6/76 14. Address(es) at which your spouse has lived during preceding ten years. (Begin with present or last address and work back.) No. and Street City and State Dates 15. Kind, name and location of every business or occupation you have been engaged in during preceding ten years. (Begin with present or last address and work back.) Location: Street Address Nature of business Business or occupation City and State or occupation Perkins 49th Eden Edina Supervisor Chesters 9117 Lyndale Ave. So. Bloomington " Chest ers 2380 County Rd. "0" RoseVille Owner 16. Kind, name and location of every business or occupation your spouse has been engaged in during the preceding ten years. (Begin with present or last one first and wort back.) Location: Street Address Business or occupation City and State or ocaupation Nature of business 17. Names and addresses of your employers and partners, if any, for the preceding •ten years. (Begin with present or last one first and work back.) Names: Employers or Partners Address: City and State Dates Chester's- George Neu Bloomington 1977-5/1980 • Rerkins- Wyman Nelson Edina 1962 -1977 . 18. Names and'addresses of your spouse's employers and partners, if any, for the preceding ten years. (Begin with present or last one first and work back.) Names: Employers or Partners Addresses: City and State Dates 19. Have you, your spouse, or a parent, brother, sister or child of either of you, ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes No If yes, give information as to the time, place and offense for which convictions were had. 20. Have you, your spouse, or a parent, brother, sister or child of either of you, ever been engaged as an employee or in operating a saloonlel, restaurant, cafe, tavern or other business of a similar nature. (Yes No If yes, give information as to the time place and length of time. Carol Ryon- Perk lm; Cake & Stank- Inn -3- -4- 21.' Have you been in military service? Yes If yes, was discharge(s) ever other than honorable?. Yes • No (Upon request, you may be required to exhibit all discharges.) 22. Names, residence address, business address ., and telephone numbirs of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to you or your spouse than second cousin, whether of the whole or half blood, computed by the rules of civil.law, or who is a brother-in- law or sister-in-law of you or your spouse. None I. Full Name David Ryan Relationship Self Residence Address 4128 15th Ave. So. Mpls. (Theaters baauly Hestaurants Phone 827-5285 Business Address Cedar Mall - Owatonna Phone 507-4 55 -0 9 0 3 2. Full Name Relationship Residence Address Business Address 3. Full Name Phone Phone Relationship Phone Phone Residence Address Business Address' 23. Are' you a manufacturer or wholesaler of intoxicating liquor or interested directly or indirectly in the ownership or operation of any such business? Yes 24. Are you directly or indirectly interested in other establishments in the City of Eden Prairie to which a license of the same kind has been issued? (Refer to City Code, Section 154Q. for persons ineligible for license.) Yes 25. Are you the spouse of a person who would be ineligible for a license? (Refer to City Code. Section 158 . for persons ineligible for license.) Yes Nb 26. What is the amount of investmen at you will have in the business, building, premises, fixtures, furniture, stock in trade, etc., and what was the source of such money? (You must be prepared to furnish proof of the source of such money.) 41 1 ,,000- 'nnctlin _ 27. Have you had any interest in any previous intoxicating liquor license that was revoked, suspended or not renewed. Yes If yes, explain in detail. 28. Have you ever individually, or with others, made application for an intoxicating liquor license and had such application denied Yes If Yes, explain in detail. . STATE OF COUNTY OF I ss . bpotr,. M. Ki , being first duly sworn upon his/her oath, desposes and says that he/she is the person who has executed the above Personal Information form and that the statements made therein are true of his/her own knowledge and belief. Signed: / Subscribed and sworn to me before this rr2 day of 19 SI/ Notary Public, r(Ikvi„,t/' County My Comisssion Expires ,q.-3 19 . JAYNE E. JACOBSON HOEARYPUBLIC.SUNNESOTA HENNEPIN COUNTY MY COMMISIOn Expires June 23. I9ee MEMO TO: THROUGH: FROM: DATE: RE: Mayor pnd City Council Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works March 31, 1982 VACATION OF EASEMENTS IN CARDINAL CREEK The owners of Cardinal Creek Subdivision had developed a schedule w h i c h w o u l d vacate some redundant easements in their subdivision as well as a r e p l a t o f several lots. Based on that schedule, I submitted a memo to City C o u n c i l t o authorize a public hearing for these vacation processes. However, in the intervening time, the developer has had some complications which w i l l n o t allow him to meet his original time schedule. I would request that Council continue the public hearing to May 1 8 , 1 9 8 2 a t 7:30 P.M. By continuing the hearing, we will avoid having to re p u b l i s h t h e notice. Please note that all adjacent property is owned by the d e v e l o p e r a n d no other individuals are involved with the process. EAD:sg 565 April 6, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R82-65 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR MARIANNE DRIVE UTILITY IMPROVEMENTS I.C. 52-017 WHEREAS, a resolution of the City Council adopted the 2ndday of March, fixed the 6th day of April, 1982 as the date for a public hearing on the following proposed improvements. ..I.C. 52-017, Mariann Drive Utility Improvements 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 6th day of April, 1982. 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. ADOPTED by the Eden Prairie City Council on April 6, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL ( John D. Frane, Clerk • 6995 Mariann Drive Eden Prairie, Minnesota 55344 March 23, 1982 Eden Prairie City Council City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Sewer and Water Project Mariann Drive Improvement Contract 52-017 To be read at Public Hearing 4/6/82 Gentlemen: My name is Richard W. Jacobs, owner (with my wife) of 6995 Mariann Drive, the property identified as Lot 1, B2 Forest Knolls. I cannot be present this evening, as I no longer reside in Minnesota. I transferred to Seattle, Washington as of February 1, 1982. The aforemention- ed property is for sale. My interest is purely a financial one. I am not a signer to the instant petition and would not now be a signer even if I were to continue to live there. I do, however, wish to allow the future owner of my property to speak for himself. I believe he will have that oppor- tunity, as I believe any continuation of this hearing to be improper. The petition for this project 52-017, which was signed by two petitioners, contained the proviso that the per lot assessment not exceed $8000. The engineering study shows a per lot cost to be $10,328. Therefore, the project currently has no petitioners of record. My comments from this point on, therefore, are academic. However, I do wish them to be entered into the record of this project. The original and sole purpose of the petition was to secure sewerage connec- tions for Lots 32 and 33, 81 Forest Knolls. I presume Mr. Eugene A. Dietz had that fact firmly in mind, so has presented the most economical solution for conditions existing at this time. As far as costs for the sewer trunk itself are concerned, I cannot find fault with his recommendations. However, when the costs to the property owners for connecting to this trunk are added to the major cost, that of street restoration, I question whether this is the most economical total solution. The septic tanks of three of the four properties are behind the houses. Connecting to the street requires considerable expense in re-routing the sewer under the basement floors. 5-666' - 2 - As an alternative, I would propose that a sewer connection between Lots 32 and 33, across Mariann Drive, between Lots 1 and 2, thence to a connection at the manhole in Theresa Place would in total be more economical. Easements for this purpose exist between these properties, according to the Plat draw- ings of November, 1964. This alternative would substantially reduce the requirement for street restoration, simplify the connections to the four properties and possibly add utility to the development of the property to the east of Lots 1 and 2. As for the segment of this project that concerns watermain service, I would like to make the following observations: If the purpose were to supply water to the two (former) petitioners, a 1" copper service line from the man- hole in Mariann Drive would suffice. It is obvious, however, that the major thrust of the watermain is to provide a hydrant to the south of Lot 33 and to complete the watermain loop between Mariann Drive and Forest Hill Road. The City is magnanimous in picking up the tab for that minor portion for loop completion. I would like to observe that two of the primary beneficiaries of the fire hydrant are not the four properties being assessed by this project; but rather the two very substantial properties which lie to the south of Lots 1 and 33. If the cost of the watermain project is to be split among four properties, then the wrong four have been chosen. The need for additional fire protection didn't occur because Lots 32 and 33 need a sewer. As for the storm sewer portion of the Street Restoration, I believe the City has by now recognized that an adequate drain already exists. The only prob- lem existing at the moment is one of street maintenance in front of the driveway of Lot 1. In any case, I would like to observe that the primary beneficiaries of the storm sewer and of any street improvement to Mariann Drive are to the south of Lots 1 and 33. Again, they have been overlooked in the determination of the assessments. I think it would be instructional to City Council, as well as to the audi- ence, if the exact position of the aforementioned two dwellings and their driveways were to be shown on the drawings Figures 1 and 2. Again, I believe my comments have no present value, as there are no present petitioners. R MJ/md 503 April 6, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R82-64 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR MARTIN DRIVE DRAINAGE IMPROVEMENTS I.C. 52-007 WHEREAS, a resolution of the City Council adopted the 2ndday of March, fixed the 6th day of April, 1982 as the date for a public hearing on the following proposed improvements. I.C. 52-007, Martin Drive Drainage Improvements 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 6th day of April, 1982. 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. ADOPTED by the Eden Prairie City Council on April 6, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL ( John D. Frane, Clerk 567 ARM OF MINNESOTA HOPKINS POSTMASTER INFORMATION PUBLISHERS COMMISSIONER OF REVENUE PERA COMMISSIONER OF REVENUE FEDERAL RESERVE BANK VOID OUT CHECK COMMISSIONER OF REVENUE STATE TREASURER DERICKSON BUREAU OF LAND HOPKINS POSTMASTER GRAHAM PAPER WENDY CARLSON ANDREA BROSCH JANELLE ANDERSON KENT BARKER JOY BREKKE CHERYL BRIDGE MILDRED H. CLARK PERRY FORSTER VIRGINIA GARTNER JINNY GIBSON CHERYL GLISCZINSKI BARBARA HIGGINS SHIRLEY JELLISON BARBARA JOHNSON DORIS JOHNSON SUE A. KELLER DELORES KLEIN SUZANNE K. LANE LORRAINE LARSON MARILYN I. LUNDEEN SHARON LYNCH RUTH MITAL VIOLA MCLAIN MARION L. NESBITT ANN PARKER BERNADETTA PLOUMEN AURELIA RASINSKI LEO L. RASINSKI HILDA RASMUSSEN LAURINA REIFF EVELYN ROGERS BARBARA VANDERPLOEG JO ANN WRONSKI ACCUEASE SYSTEMS, INC. ACRO-MINNESOTA INC. 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1 . 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 r- 1047 1048 1049 April 6, 1982 Sr" OF !1!lSOTA CI OF LL1N PRAIRIE COUNTY OF HLNNEPIN The following accounts were audited and allowed as follows: Seminar-En g ineerin g Dept. $ 12.00 Posta g e 471.00 Eden Prairie Phone Directories-Forestr y 70.00 February 82 fuel tax 251.94 Pa y roll 12,243.24 Pay roll 6,824.36 Pa y roll 17,136.34 February 82 sales tax Fees-Water Dept. Formica-Park Maintenance Permit-Sewer Dept. Posta g e-Sprin g Brochure Paper Instructor-Ice Skatin g Instructor-Rac q uetball Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Election jud g e Data tra y s-Communit y Center Office supplies 5,093.44 60.00 26.75 15.00 592.45 616.17 85.20 51.00 52.00 12.00 62.00 62.00 69.50 12.00 62.00 71.50 71.50 62.00 62.00 62.00 69.50 62.00 62.00 71.50 62.00 62.00 69.50 62.00 62.00 62.00 62.00 50.00 64.00 12.00 62.00 62.00 62.00 62.00 64.00 347.50 152.91 p' 1982 .4' 6, 1982 1050 ADVANCE AMBULANCE & EQUIPMENT 1051 AFFILIATED EMERGENCY 1052 ALAN SIGNS, INC. 1053 STUART ALEXANDER 1054 AMERICAN NATIONAL BANK 1055 AMERICAN SCIENTIFIC PRODUCTS 1056 EARL F. ANDERSEN & ASSOC. 1057 TIM ANDERSON 1058 ARMOR SECURITY INC. 1059 ASPLUND COFFEE CO. 1060 AUTO CENTRAL SUPPLY 1061 BRW 1062 BRIAN BERGSTROM 1063 MARK BEST 1064 BEST & FLANAGAN 1065 BLACK & VEATCH 1066 BLOOMINGTON LOCKSMITH COMPANY 1067 BORCHERT-INGERSOLL, INC. 1068 BOYER TRUCK PARTS 1069 BROWN PHOTO 10 7 0 PAUL BROWN DAVID L. BUSSIAN 10.2 BUTCH'S BAR SUPPLY 1073 CARGILL SALT DIVISION 1074 TIM CASHIN 1075 CHALLMAN & COMPANY 1076 CHAPIN PUBLISHING COMPANY 1077 CLUTCH & TRANSMISSION SERVICE 1078 CLUTCH & U-JOINT BURNSVILLE, INC. 1079 COMMISSIONER OF TRANSPORTATION 1080 COMPAS 1081 CONTEMPORARY DESIGNS INC. 1082 COPY EQUIPMENT INC. 1083 COUNTRY CLUB MARKET, INC. .084 COURIER DISPATCH INC. 1085 CROWN RUBBER STAMP CO. 1086 CURTIN MATHESON SCIENTIFIC, INC. 1087 CUTLER-MAGNER COMPANY 1088 JEANNE CUTSHELL 1089 BONNIE DAHL 1090 WARD F. DAHLBERG 1091 DALCO 1092 KIRK DECOVICH 1093 DORHOLT PRINTING r'1 4 DORSEY, WINDHORST 5 DRISKILL'S SUPER VALU EAST AREA FENCE 1097 EDEN PRAIRIE SANITATION CO. 1098 EDEN PRAIRIE SCHOOL 1099 EDEN PRAIRIE SCHOOL Resuscitator-Fire Dept. 314.09 Service 45.00 Signs-Liquor Stores 33.00 Mileage 61.00 Service 75.00 Chemicals-Water Dept. 143.27 Signs 106.10 Refund-Swimming lessons 12.00 2nd Qtr 82 service-Senior Citizens 90.00 Supplies-Concession stand 72.00 Equipment repair & parts 26.85 Service-Schooner Blvd., City West Streets 46,468.96 ' & Utilities, Mitchell Road & West 78th Street Volleyball official 48.00 Expenses 14.15 Legal services 1,080.00 Service-Water Treatment Plant 6,265.21 Service-Public Works 68.00 Equipment repair 106.15 Equipment repair & parts 302.94 Film-Planning Dept. . 9.00 Volleyball & Basketball official 643.00 Basketball official 319.00 Supplies-Liquor Stores 316.15 Salt 319.14 , Refund-Swimming lessons 10.00 : Brackets-Park signs 174.25 . Legal ad-Staring Lake Park Shelter 78.66 ' Equipment repair & parts 76.14 ' Equipment repair & parts 448.89 : Lamps-Street Maintenance 88.20 Play-Historical Cultural Commission 200.00 Blinds-Community Center 117.61 Tape, protractor-Park Planning & Engineering 151.91 Coffee 69.56 Service-Planning Dept. 22.40 Stamp-Police Dept. 11.77 Chemicals-Water Dept. 377.93 Quicklime-Water Dept. 3,716.60 Refund-Racquetball lessons 21.00 Refund-Racquetball lessons 21.00 Expenses 95.00, Cleaning supplies-Community Center & Water 1,059.55i ILgi. Refund-Rec Dept. 20.00 Office supplies 309.23 Legal service 18,965.70 Supplies-Community Center 332.89 Supplies-Canine unit 7.20 Service 190.00 Supplies-Spring Brochure 31.50 Service 2,356.00 569 Pane tnrce Apri? 6. 1982 17 EMPIRE-CROWN AUTO, 'INC. 11u, FSS BROTHERS & SONS INC. 1102 MEG FARRELL 1103 FEED-RITE CONTROLS INC. 1104 FLOYD SECURITY 1105 JOHN FRANE 1106 FRONTENAC PRESS PRINTERS 1107 WENDY CARLSON 1108 GENERAL REPAIR SERVICE 1109 GME CONSULTANTS, INC. 1110 DANA GIBBS 1111 GLEN LAKE BAKERY, INC. 1112 GOODIN COMPANY 1113 GREAT NORTHERN HISTORY THEATRE 1114 NANCY GROSETH 1115 CHUCK HARDY 1116 HARMON GLASS & GLAZING, INC. 1117 KAREN HARRIS 1118 HENNEPIN COUNTY TREASURER 1119 SHERIFF'S DEPARTMENT-HENN CTY 1120 HENNEPIN COUNTY TREASURER 1121 HENNEPIN COUNTY TREASURER 1122 BRIAN HOLMES 1123 HI-Fl SOUND ELECTRONICS 1 19 4 HONEYWELL INC. hONEYWELL PROTECTION SERVICES 114'3 HOLMSTEN ICE RINKS, INC. 1127 HOPKINS DODGE SALES, INC. 1128 HYLAND SKI AREA 1129 IMPERIAL, INC. 1130 IAA° 1131 J.B. DISTRIBUTING CO., INC. 1132 CARL JULLIE 1133 PAULINE KACHER 1134 JOE KASID 1135 JOHN KASID 1136 TOM KEEFE 1137 JENNIFER KENYON 1138 MARY KENYON 1139 GEORGANNA KRUEGER 1140 KENNEDY TRANSMISSION WEST INC. 1141 LAHASS MFG. & SALES, INC. 1142 M.E. LANE, INC. 1143 LATHROP PAINT SUPPLY CO. 1144 LEAGUE OF MINNESOTA CITIES 1145 RICK LATHRUM 1146 LOGIS 1147 MACQUEEN EQUIPMENT INC. 1148 MAGNEY CONSTRUCTION Y'1 9 MARK'S EDEN PRAIRIE STANDARD , MARSHALL & SWIFT PUBLICATION CO. ROBERT N. MARTZ 1152 MATT'S AUTO SERVICE, INC. 1153 METRO FONE COMMUNICATIONS, INC. Equipment repair & parts Sewer covers Refund-Exercise lessons Polyphosphate-Water Dept. Service-Liquor Store P V M April expenses Forms-Police Dept. Instructor-Ice Skating Equipment repair-Water Dept. Service-City West Parkway Packet delivery Cookies-Elections Supplies-Water Dept. Play-Historical Cultural Commission Refund-Community Center Volleyball official Glass for beer cooler door-P V M L/S Instructor-Exercise lessons Supplies-Street Maintenance January 82 Bookings Maps-Engineering Dept. Traffic ticket forms-Police Dept. Refund-Swimming lessons Recording tapes Service-Water Dept. Service-Liquor Store/Preserve Seminar-Community Center Equipment repair & parts Ski rental Wire-Water Dept. Dues-Assessing Dept. Supplies-Street Maintenance Expenses Instructor-Creative Dance Basketball official Basketball official Basketball official Refund-Swimming lessons Refund-Swimming lessons Refund-Exercise lessons Equipment repair & parts Fiberglass tool box Insurance Paint-Park Maintenance Dues Basketball official February 82 Service Hose-Street Maintenance Service-Eden Prairie Community Center Headlamps-Street Maintenance Subscription-Assessing Dept. April expenses Towing service April 82 service 19.71 216.00 4.00 1,600.00 236.81 158.85 547.75 890.80 95.00 897.50 236.00 14.68 215.90 150.00 5.00 22.00 529.86 1,668.00 512.25 194.19 74.00 217.50 . 12.00 50.64 1,570.50 249.00 70.00 144.29 1,120.00 58.20 65.00 80.43 14.43 400.00 44.00 88.00 77.00 12.00 12.00 14.00 529.65 275.00 2,935.00 104.67 1,880.00 44.00 2,381.98 14.16 46,503.00 22.68 65.00 156.80 109.9:), 149.64 r)20 Page four Airl 6, 1982 1154 METROPOLITAN ASSOCIATION PARK & REC 1155 METROPOLITAN WASTE CONTROL 1156 METROPOLITAN WASTE CONTROL 1157 MID-CENTRAL FIRE INC. 1158 MIDLAND PRODUCTS COMPANY 1159 MIDWEST ASPHALT CORPORATION 1160 MILLER/DAVIS COMPANY 1161 MINNESOTA BLUEPRINT 1162 MINNESOTA GAS COMPANY 1163 CITY OF MINNETONKA 1164 MOODY 'S INVESTORS SERVICE 1165 R.E. MOONEY & ASSOCIATES, INC. 1166 MUNICIPAL FINANCE OFFICERS ASSOC. 1167 KATHY MURO 1168 MY CHEESE SHOP 1169 JERRY NEEDHAM 1170 NORTHERN STATES POWER COMPANY 1171 OLSEN CHAIN & CABLE 1172 CHRIS PALM 1173 CHUCK PAPPAS 1174 PATCO COMPANY 1175 PEPSI COLA BOTTLING CO. 1176 PERBIX, HARVEY & THORFINNSON l'" TIM PIERCE & ASSOC. INC. PITNEY BOWES 1179 PLANT EQUIPMENT, INC. 1180 POMMER MFG. CO ., INC. 1181 POOLS, INC. 1182 POWER SYSTEMS 1183 PRAIRIE OFFICE PRODUCTS 1184 PRAIRIE OFFSET PRINTING, INC. 1185 PUBLISHERS CORPORATION 1186 R & R SPECIALTIS INC. 1187 RECREONICS CORP. 1188 MIKE ROBERTS 1189 ROBERTS DRUG 1190 JAMES A. RUCKH-M 1191 RODNEY W. RUE 1192 RYAN'S RUBBER STAMPS 1193 ALICE SAVAGE 1194 SUE SCHULZ 1195 KATHY SCHUMACHER 1196 RICHARD SCHWARZ/NEIL WEBER 1197 SHERWIN WILLIAMS 1198 SIRVEND, INC . 1199 SOUTHWEST SUBURBAN PUBLISHING INC. 1200 SOUTHWEST SUBURBAN ADVERTISER '1 STAR & TRIBUNE NEWSPAPERS ' STAR & TRIBUNE NEWSPAPERS 1203 MEG STEVENSON 1204 SUBURBAN CHEVROLET CO. 1205 SUBURBAN NATIONAL BANK 1206 BRAIN SULLIVAN 1982 dues 10.00 February 1982 SAC charges 8,415.00 April 82 Sewer Service 50,574.54 Mozzels-Water Dept. 122.18 Supplies-Concession Stand Community Center 565.45 Winter mix 65.00 Forms-Assessing Dept. 18.06 Supplies-Engineering Dept. 51.56 Service 6,334.27 Seminar-Fire Dept. 150.00 Service 2,500.00 Paint-Water Dept. 45.88 Dues-Finance Dept. 60.00 Refund-Swimming lessons 14.00 Sandwiches-Election 152.16 Instructor-Dog Obedience 200.00 Service 6.97 Supplies-Forestry Dept. 14.76 Instructor-Exercise lessons 3,268.80 Expenses 9.87 Chemicals-Water Dept. 247.09 Pop-Community Center 750.00 Legal service 238.00 Service-Schooner Blvd. 3,667.50 Equipment rental . 83.05 Sludge drain valve actuator-Water Dept. 465.48 Trophies-Rec Dept. 97.76 Supplies-Community Center 12.30 Parts-Street Maintenance 5.60 Stamp-Community Center 22.00 Election forms 185.00 Bood-Park Planning 45.05 Service-Community Center 53.20 Megaphone, Portable guard chair-Community 294.77 Center Volleyball official 48.00 Supplies-Rec Dept. 4.00 Expenses 45.00 Mileage 32.50 Stamp-Finance Dept. 8.00 Refund-Racquetball lessons 21.00 Mileage 9.75 Tests 75.00 Service-Staring Lake Park Shelter 3,959.54 Paint-Street Maintenance 107.50 Refund-Cigarette & Vending machines 81.00 Legal publications 674.10 Employment ad-Community center 17.42 Ads 3.28 Employment ad-Community Center 37.50 Instructor-Rec Dept. 72.00 Equipment repair & parts 42.83 Cash register-Community Center 1,495.00 Happenings artwork, basketball official 169.00 Page 1- April 4,, • JLIVANS SERVICES, INC. 1208 N SUTHERLAND 1209 '',10 A. SWARTOUT 1210 f,',,iDE INTERNATIONAL, INC. 1211 ,AKI TERAUDS 1212 CARRIE TIETZ 1213 DOUGLAS P. TRIPP 1214 TWIN CITY OXYGEN CO. 1215 UNITED STATES TENNIS ASSOC. 1216 VALLEY EQUIPMENT CO. 1217 VALLEY INDUSTRIAL PROPANE 1218 VAN WAFERS & ROGERS 1219 CHERLY VINSON 1220 BECKI WARNER 1221 WATER ENGINEERING & MNGT. 1222 WATER PRODUCTS COMPANY 1223 WEAVER ELECTRIC CO., INC. 1224 SANDRA F. WERTS 1225 WEST CENTRAL INDUSTRIES, INC. 1226 JON WHITE 1227 ERIC WILSON 1228 GAY RENEE WINSLOW 1229 LINDA WOLDEN ( 1 RO XEROX CORPORATION ZIEGART AUTO 1 '32 FRED ZIEBOL 1233 BLOOMINGTON LOCKSMITH CO 1234 BUSINESS FURNITURE, INC. 1235 CHARLOTTE. BRYAN 1236 STEPHEN CALHOON 1237 CENTER FOR URBAN POLICY RESEARCH 1238 EUGENE A. DIETZ 1239 DYNA SYSTEMS 1240 CHRIS ENGER 1241 FAIRVIEW COMMUNITY HOSPITALS 142 GENERAL COMMUNICATIONS, INC. 1243 GENERAL ELECTRIC COMPANY l4 SHERIFF'S DEPARTMENT-HENN CTY i::45 HENNEPIN COUNTY FINANCE :46 HONEYWELL INC. 17 IBM 7413 GEO. JEWELL ELECTRIC MOTORS V749 JUDSON FAMILY CENTER 1250 BOB LAMBERT 1251 DANA MATTSON 1252 MINNESOTA GAS COMPANY 1253 W.M. MONTGOMERY 1254 NOREN PRODUCTS, INC. leg5 NORTHWESTERN BELL TELEPHONE NORTHERN STATES POWER COMPANY BRYCE PEDERSON 1258 STATE TREASURER 1259 ROBERTS DRUG 1260 UNIFORMS UNLIMITED Service-Sewer Dept. Refund-Fitness lessons Refund-Building Dept. Cash register paper-Community Center Refund-Racquetball lessons Service-Park & Rec Commission Basketball official Equipment repair-Water Dept. Book-Park Planning Supplies-Street Maintenance Gas-Community Center Chlorine & Sodium Silicofluoride Refund-Rec Dept. Mileage Subscription-Water Dept. Equipment parts Lighting-Community Center Mileage Stakes-Engineering Dept. Refund-Swimming lessons Refund-Ice Time Refund-Rec Dept. Refund-Fitness classes Service Equipment-Park Maintenance Expenses Keys-Fire Station Card trays-Police Dept. Refund-Skating lessons Mileage Book-Planning Dept. March expenses Supplies-Street Maintenance March expenses Test Equipment repair & parts Radio equipment February 82 Booking fee February Board of Prisoners Maintenance agreement-Water Dept. Supplies-Police Dept. Equipment repair-Fire Dept. Service-Police Dept. April expenses Mail box post-Street Maintenance Service Service-City Radio Study Equipment repair-Police Dept. Service Service Refund-Skating lessons Permit-Round Lake Beach Supplies-Police Dept. Uniforms-Police & Fire Dept. 100.00 25.00 51.70 54.52 21.00 26.25 44.00 81.62 10.50 9.22 190.65 1,520.8C 4.00 17.00 38.00 203.20 9,410.00 42.55 402.99 12.00 150.00 47.00 25.00 1,341.76 164.00 2.00 43.75 153.96 15.00 52.00 13.50 150.00 65.99 163.52 28.00 296.37 252.00 239.92 4,087.50 7,638.00 20.70 14.00 60.00 151.75 10.96 3,242.36 2,500.00 270.17 903.22 18,206.72 15.00 i 5.00 1 39.49 515.00 512 Page six April 6, 1982 'i..,i VAN WATERS & ROGERS 1262 JEFF VOAS 1263 XEROX CORPORATION 1264 DEPARTMENT OF EMPLOYEE RELATIONS 1265 UNITED WAY OF MINNEAPOLIS 1266 GREAT WEST LIFE ASSURANCE CO. 1267 AETNA LIFE INSURANCE 1268 MINNESOTA STATE RETIREMENT SYSTEM 1269 CLARENCE & LORRAINE JANKE Chemicals-Community Center Refund-Swimming lessons Service Payroll Payroll Payroll Payroll Payroll Earnest money-Anderson Lakes 57.00 12.00 71.00 19,734.80 73.50 1,890.00 101.00 40.00 100.00 TOTAL $360,379.86 5'93 April 6, 1982 STA1F OF MINNESOTA qi _ 9F EDEN PRAIRIE CL,,TY OF HENNEPIN The following accounts were audited and allowed as follows: Motor vehicle registration Motor vehicle registration Postage Insurance Insurance Insurance Insurance Insurance Tickets-Disneyland Ice Follies Dog food-Police Dept. Liquor Liquor Wine Wine Liquor Wine Wine Wine Liquor Instructor-Senior Citizens Expenses Wine Books-Police Dept Printing-Park Dept. Wine Liquor Liquor Wine Wine Liquor Wine Liquor Wine 10893 VOID OUT CHECK 10806 VOID OUT CHECK 11031 MINNESOTA DEPARTMENT OF P/S 11032 MINNESOTA DEPARTMENT OF P/S 11033 HOPKINS POSTMASTER 11034 PHYSICIANS HEALTH PLAN 11035 BLUE CROSS INSURANCE 11036 GROUP HEALTH PLAN, INC. 11037 HMO SERVICES 11038 HMO SERVICES 11039 GROUP SALES DEPT-MET CENTER 11040 ST. PAUL POLICE CANINE UNIT 11041 GRIGGS, COOPER & CO., INC. 11042 JOHNSON BROTHERS WHOLESALE 11043 OLD PEORIA COMPANY, INC. 11044 CAPITOL CITY DISTRIBUTING 11045 ED. PHILLIPS & SONS, INC. 11046 INTERCONTINENTAL PACKAGING 11047 MIDWEST WINE CO. 1 9 3 hu4 TWIN CITY WINE CO. MINNESOTA DISTILLERS, INC. 11050 KATHRINE FILIPOVICH 11051 PETTY CASH 11052 OLD PEORIA-QUALITY WINE 11053 STATE OF MINNESOTA DOCUMENTS 11054 INSTY PRINTS 11055 CAPITOL CITY DISTRIBUTING 11056 GRIGGS, COOPER & CO., INC. 11057 INTERCONTINENTAL PACKAGING 11058 JOHNSON WINE CO. 11059 MIDWEST WINE CO. 11060 OLD PEORIA CO., INC. 11061 PAUSTIS & SONS 11062 ED. PHILLIPS & SONS CO. 11063 TWIN CITY WINE • (83.76) (500.00) 5.75 5.75 516.11 8,196.38 783.01 1,691.80 524.10 3,941.07 112.50 34.00 2,771.66 895,95 728.56 622.10 6,012.07 910-22 2,275.84 951.65 1,169.99 59.60 50.00 15.00 47.96 98.70 4,358.93 629.73 2,458,12 1,011,,60 2,159,31 59.10 L609.55 199.04 TOTAL $44,352.09 521/ liAR 1 9 1982 ANTHONY L. NOTERMANN & ASSOCIATES J2k0i4r1,4, CITIZENS STATE BANK BUILDING SUITE 2. I ICO EAST FOURTH AVENUE P.O. BOX 151 SHAKOPEE, MINNESOTA 55579 TELEPHONE HID 441.3611 March 17, 1982 Mr. Carl Jullie City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: Lion's Tap, Inc. Dear Mr. Jullie: This is to acknowledge our phone conversation ot Marco ID, 1982. Please be advised that Irepresent Lion's Tap, Inc. owned by Bert A. Notermann. On behalf of my client, Bert A. Notermann and/or Lion's Tap, Inc., please accept this as a request for action by the City Council to allow him to sell beer at 10:00 a.m. at Lion's Tap on Sundays. The reasoning behind this request is that at present, is open at that time and would, therefore, like to be able to sell the 3.2 beer which he is presently lic- ensed to sell. I would appreciate receiving any necessary application forms which you may have. I am sure that the Council is well familar with the reputation of Lion's Tap, Inc. and Bert A. Notermann. Whatever you can do to facilitate this matter, would be appre- ciated. If there is anything further you need and/or if there is an appearance requested on behalf of my client, please advise me. Thank you. Very truly yours, ANTHONY L. NOTERMANN & ASSOCIATES Cef' Anthony L. Notermann ALNO VIC PROCLAMATION WHEREAS, BOB CARLING WAS SELECTED "EDEN PRAIRIE'S SMALL BUSINESSMAN FOR 1981" BY A COMMITTEE OF THE EDEN PRAIRIE CHAMBER OF COMMERCE; AND WHEREAS, BOB CARLING WENT ON TO BE SELECTED "SMALL BUSINESSMAN OF THE YEAR" FOR THE STATE OF MINNESOTA BY THE SMALL BUSINESS ADMINISTRATION (STATE LEVEL); AND WHEREAS, BOB CARLING WILL BE COMPETING FOR "SMALL BUSINESSMAN OF THE YEAR" AT THE NATIONAL LEVEL BY THE SMALL BUSINESS ADMINISTRATION; AND WHEREAS, THE EDEN PRAIRIE CITY COUNCIL IS INDEED • PROUD TO HAVE BOB CARLING REPRESENTING THE CITY OF EDEN PRAIRIE AND THE STATE OF MINNESOTA IN THIS NATIONAL COMPETITION; NOW, THEREFORE, • BE IT PROCLAIMED, BY THE EDEN PRAIRIE CITY COUNCIL THAT MAY 7, 1982 SHALL BE "BOB CARLING DAY IN EDEN PRAIRIE". IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND CAUSED THE GREAT SEAL OF THE CITY OF EDEN PRAIRIE TO BE AFFIXED AT THE CITY HALL THIS 6TH DAY OF APRIL, IN THE YEAR 1982 MAYOR OF EDEN PRAIRIE 5'254 MEMORANDUM TO: 11111U: FROM: DATE: SWJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services AL-- March 30, 1981 Community Center Policies Attached to this memo are two memos from Chuck Pappas, Comm u n i t y C e n t e r M a n a g e r , regarding suggested revisions to the Community Center poli c y . RECOMMENDED REVISIONS OF RACQUETBALL POLICIES As per Mr Pappas's memo, the Community Services staff recomm e n d s a c h a n g e i n the racquetball court rates. The existing rate is an hourly c o u r t r a t e consisting of the following: Racquetball Members $5/hour Guest Fees $1.50/hour Residents who live or work in Eden Prairie $6.50/hour Guest Fee if partner does not live or work $1:50 in Eden Prairie Users who do not live or work in Eden Prairie $8.00/hour Many members have indicated that if they book a court with a p e r s o n t h a t l i v e s or works in Eden Prairie, but is not a member, and they are c h a r g e d t h e $ 1 . 5 0 guest fee, the rate is the same as if they were not member s ; t h e r e f o r e , t h e r e is no incentive to become a member. Staff has discussed this concern with several persons with ra c q u e t b a l l m e m b e r - ships and suggests in lieu of an hourly rate an individual r a t e f o r o n e h o u r o f court time as follows: Racquetball Members $2.25/hour ,Non members who live or work. in Eden Prairie $3.25/hour Others who do not live or work in Eden $4.00/hour Prairie Therefore, if two members play a game, the cost is $4.50 fo r t h e c o u r t . If a member plays a non member who lives or works in Eden Prair i e , t h e c o s t i s $ 5 . 5 0 . Staff also recommends changing the 72 hour booking to a 96 ho u r b o o k i n g t i m e and allowing the reservation of two court hours with a stipulatio n t h a t t w o h o u r s not be consecutive hours on the same day or for two consecut i v e d a y s . -2- FOREIGN EXCHANGE STUDENT MEMBERSHIPS The Community Services staff requests the City Council to consider the possibility of offering a membership to the Community Center for Eden Prairie's Foreign Exchange students. This year there are two exchange students through the Rotary Club and two through APS. Next year there will be one exchange student through the Rotary Club and possibly two through the AFS. These students generally have a limited income from their sponsoring agency and the Community Services staff feels that this would not only be a benefit to the students but also to other members of the community by giving them a chance to meet and enjoy these temor- ary residents of our community. POLICY ON USE OF MEETING ROOMS During the summer of 1981, the City Council approved a priority use policy for use of the meeting rooms, as well as a meeting room rental fee to be charged to any profit oriented group or individual whose use of the Community Center meeting room provides profit, income or exchange of any legal tender from such a meeting or activity which is not sponsored, co-sponsored or sanctioned by the Eden Prairie Community Center. The priority use for these meetings rooms was as follows: 1. City Renreational Programming 2. Community Organizations 3. Private profit oriented organizations or Individuals with residents Setting Priority over non residential usage in this category The meeting rooms of the Community Center are heavily used. In March there were only four days when the meeting rooms were not scheduled for use. The problem with the policy has been that it is too generalized. The meeting rooms were basically provided for programming space for the City, as well as meeting areas for Athletic Associations and other non profit public service oriented groups. We have received a number of requests from profit oriented groups or individuals wishing to reserve a room on a weekly basis for an extended period of time (ten to twelve weeks). This type of use severely limits the City as well as the Athletic Associations for scheduling either regular meetings or for unscheduled emergency meetings that seem to often be required at the beginning of each seasonal sport. The Community Services staff recommend the Parks, Recreation and Natural Resouces Commission and the City Council consider limiting reservation of meeting rooms to all groups to a 30 day period (no reservations would be accepted more than 30 days in advance of the requested date) and limiting non public service oriented groups to no more than one meeting every other month. This would eliminate the weekly or even monthly meetings of profit oriented groups, as well as limiting the number of meetings of private groups that although they may be non profit arc not community service groups. Staff feels that these limitations would allow all users the right to use the facility for special event occasions as was originally considered, as well as keeping the facility available for community service oriented groups. Ill.: nd 677 CP:cp EDEN PRARE COMMIR'ZITY CENTER 16700 VALLEY VIEW ROAD / EDEN PRAIRIE,MN 55344 / TELEPHONE(612)937-8727 ATHLETIC COORDINATOR: 637-9894 MEMORANDUM Mayor and City Council TO: The Parks, Recreation & Natural Resources Commission THRU: Robert Lambert, Directpr.of Community Services FROM: Charles J. Pappas, Community Center Manager DATE: March 25, 1982 SUBJECT: Recommended revisions of Racquetball policies On March 24, 1982, a meeting was held at the Eden Prairie Community Center to examine our present Racquetball policies, membership fees and court times. It was determined that there is no real incentive to purchase a racquetball membership or hav- the opportunity to successfully book courts or play enough times to show a benefit to the member, resident or the Community Center. As a result of the meeting and further discussion, staff recommends the following policy to replace the current policy now in effect: In lieu of an hourly court rate, individual rates would be as follows for 1 hour of court time: Racquetball Members $2.25/hour Non-members who live or work in Eden Prairie $3.25/hour Others who do not live or work in Eden Prairie $4.00/hour In lieu of a 72 hour booking period which allows for the booking of only 1 court hour, staff recommends a 96 hour booking time and allowing the reservation of 2 court hours with the stipulation that the 2 hours not be consecutive hours on the same day or for 2 consecutive days. This would allow our patrons more opportunities to plan ahead, play more - pesSilAy on an every other day basis, and help ensure the maximum use of our courts. EDEN PRAIRIE COMMUNITY CENTER jc...........) ---- --- , „., ,....1.,.....,.....„ 16700 VALLEY VIEW ROAD / EDEN PRAIRIE,MN 55344 / TELEPHONE(612)937-8727 ATHLETIC COORDINATOR: 937-9894 MEMORANDUM Mayor and City Council TO: The Parks, Recreation & Natural Resources Commission THRU: Robert Lambert, Director of Community Services FROM: Charles J. Pappas, Community Center Manager DATE: March 26, 1982 SUBJECT: Use of the Eden Prairie Community Center by Foreign Exchange Students A request was presented to staff concerning the possibility of Community • Center Memberships for Eden Prairie's foreign Exchange Students. These students live with host families for different amounts of time throughout the year. The host family may or may not be members of the Community Center, by the same token, one host family may not be able to bear the entire 1 year membership fee for the student. Staff recommends that an individual skating, swimming, racquetball and fitness membership, for each foreign exchange student that resides in Eden Prairie, be presented to each student as an "Eden Prairie Welcome" from the City. CP:Cp 519 MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Bob Lambert, Director of Community Services Stuart A. Fox IiikV April 1, 1982 New Roof for Cummins/Grill House The staff received technical specifications from Miller-Dunwiddie Architects outlining the reroofing of the Cummins/Grill house. Using these specifications, several , roofers were contacted and quotations were received from the following companies: Grussing Roofing $17,790 All Season Roofing Co. 13,400 (doesn't meet specs) Alternative #1 13,980 (doesn't meet specs) Alternative #2 14,200 Craig Hill Roofing 9,503.37 Alternative #1 8,951.89 (doesn't meet spz.cs) Superroofers 21,700 Les Jones 18,854 The preliminary cost estimate by the architect was $23,000. Initially, staff was apprehensive about the low quotation from Craig Hill Roofing. We contacted Mr. Hill, who gladly supplied a list of four references of clients whose houses he had roofed. When contacted all the references thought highly of his craftsmenship. Mr. Hill further explained that he has been a local roofer for 20 years, he works alone or with a helper, and is currently unemployed. Mr. Hill's proposal is good for 90 days and after close examination, staff recommends that the Council accept the quotation by Craig Hill Roofing for $9,503.37. In conjunction with and before any expenditures or work can begin staff requests that a public hearing be set for April 20, 1982 for the purpose of amending the 1981 Community Development Block Grant to include the roofing of the Cummins/ Grill house. Upon formal adoption of this project into the 1981 grant and following approval by Hennepin County this project can start. Tenatative starting date is June 1, 1982. SAF:md 5e0 $707 177 444 375 479 MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullic, City Manager Bob Lambert, Director of Community Services PC--- March 31, 1982 Staring Lake Park Shelter At the March 16th meeting, the Eden Prairie City Council approved the low bid of Hastings Builders for the Staring Lake Park Shelter and directed staff to negotiate with the builder to reduce the cost of the structure. City staff and the architect met with Doug Hastings and requested that he provide us with an itemized cost for several proposed changes to the Staring Lake Park Shelter. Changes included: changing the cedar lap siding to a texture 111 and to eliminate all of the walls, sheet rock walls, etc. in the future rest room areas. The architect had received costs of from $2.50 to $2.80 a sq. ft. for the cedar lap siding compared to approximately $1.00 a sq. ft. for the texture 111; therefore, staff had anticipated $3,000-$4,000 as a deduct in that area. Attached is a March 29 letter from Doug Hastings showing the deduct costs. The total deduct cost for eliminating the sheathing and changing the cedar lap to texture 111 is $904. It is the opinion of the Community Services staff that for the $904 difference, the City should retain the cedar lap siding. Staff would also recommend retaining the 2x8 facia rather than reducing that to a 1x8 for a total deduct of $172. Staff recommends the City Council accept the base bid of $74,637 and approve change order No. 1 deducting the following items: 5/4 trim and 2 x trim to 1 x #3 or better DEDUCT eliminate enterior non bearing walls DEDCUT eliminate all gypsum board DEDUCT eliminate doors No. 5, 6, 7 DEDUCT electrical changes DEDUCT a. eliminate 5 "A" fixtures b. eliminate 2 switches .c. eliminate 1 outlet Total DEDUCT: $2,182 BL:md 5-7/ MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services A t' March 31, 1982 LAWCON Application for 1983 The City has received information regarding 1983 LAWCON/LCMR Grant criteria for fiscal year 1983. At this time, it is not certain how much money will be avail- able for LAWCON grants. The president's fiscal 1983 budget proposal does not include LAWCON funds for local government projects. However, Congress must act on the president's proposal and a funding change is possible. Estimates for LCMR park funding for local projects in the seven county metropolitan area is $950,000. Grants for the area of planned urbanization will be limited to a i maximum of $150,000 per project. Only one project per community will be ap p roved. The Community Services staff recommends that the City apply for development funds for Staring Lake Park for the 1983 LAWCON/LCMR grant application. In 1982, the City will complete seeding of the area that was graded in the fall of 1981, as well as construct the park shelter and the tennis courts. Staff would recommend the following improvements be delayed one year in hopes of securing some funding assistance: . 8 foot asphalt hiking/biking trails around the lake including two crossing the Purgatory Creek. Estimated cost $125,000. . Landscaping, seeding, sodding, trees and shrubbery. Estimated cost $5,000. . Walkways connecting the various facilities to the general trail. Estimated cost $2,500. • Well, sanitary drainfield and restroom construction in park building - $15,000. . A fishing dock. Estimated cost $2,500. Total cost $150,000. If LAWCON grants are secured for this projcct, staff would expect 50% funding through LAWCON and 251 funding through LCMR and 25% funding from the City matching funds. If no LAWCON grants are approved, the City would expect SO% matching grants through LCMR. Competition for these grants is very keen and even though Staring Lake Park development is a very good project, the odds for receiving a grant are not real high. However, staff feels it is certainly worth the effort and would recommend delaying development of this park in hopes of securing some funding assistance. 134:md 5K2 April 6, 1982 . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-66 RESOLUTION ACCEPTING BID AUTUMN WOODS PHASE I, 52-016A WHEREAS, pursuant to an advertisement for bids for the following improvements: 52-016A, Autumn Woods Phase I bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS,.the City Engineer recommends award of contract to 0 & P Contracting, Inc. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with 0 0 Contra c ting, Inc. in the name of the City of Eden Prairie in the amount of $127,933.85 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on April 6, 1982. POITgang H. Penzel, Mayor ATTEST: SEAL . John 0: Franc, City Clerk rieke carrell muller .ssociates, inc. architects engineers planners landscape architects land surveyors laboratory services Aril 1, 1982 Eugene A. Dietz, P.E. Director of Public Works City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 RE: BIDS ON IMPROVEMENT CONTRACT 52-016A SANITARY SEWER, STORM SEWER, WATERMAIN AND STREET IMPROVEMENTS AUTUMN WOODS RCM NUMBER 811027 Dear Mr. Dietz: Bids on the above project were taken on April 1, 1982 at 10:00 A.M. The low bid for the project was submitted by 0 & P Contracting, Inc. in the amount of $127,933.85. A summary of the eleven bids received is attached. The low bid is $5,933.85 more than the estimated construction cost of $122,000.00. This is a difference of less than five percent. The low bidder is a reputable contractor which has previously done work in the Twin City area. We therefore recommend awarding the project to 0 & P Contracting, Inc. Very truly yours, Nancy J. Heuer RIEKE CARROLL MULLER ASSOCIATES, INC. NJH:ca Enclosure 1011 first street south post office box 130 Inapkins. in innesota 55343 612-935-6901 t:)ed3 SUMMARY OF BIDS LC. kit- 52-016A DESCRIPTION: Autumn Woods Addition BIDS OPENED: April 1, 1982 10:00 A. . CONSULTING ENGINEER: Rieke Carrol I Muller Associates, Inc. CHECKED BY: BIDDER 0 & P Contracting, Inc. Richard Knutson, Inc. BID SECURITY 5% 5% TOTAL AMOUNT $127,933.85 * 128,869.85 Northdale Construction Orfei & Sons, Inc. Brown & Cris, Inc. Nennen Construction Co. Nodland Associates, Inc. F. F. Jedlicki New Mech Companies 5% 129,543.45 5% 131,981.89 5% 137,738.00 5% 138,307.50 5% 138,705.00 * 5% 140,374.50 * 5% 140,564.50 G. L. Contracting, Inc. None 142,510.46 * AR! Contracting, Inc. 5% 158,006.25 * Corrected error The undersigned recommend award of Contract to: 0 & P Contracting, Inc. as the lowest responsible bidder for this Improvement Contract. onsufting leer Eugene A. Dietz, P.E. Director of Public Works/City Engineer April 6, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-67 RESOLUTION REQUESTING MN/DOT TO INSTALL A WATERMAIN CROSSING NEAR MODERN TIRE IN CONJUNCTION WITH VO-TECH/T.H. 169 PROJECT WHEREAS, the City of Eden Prairie desires to provide water service to the east side of T.H. 169 in the vicinity of Modern Tire, Inc.; and WHEREAS, the Minnesota Department of Transportation has entered into an agreement with Arcon Construction to perform a variety of construction tasks at said location; and WHEREAS, Arcon Construction has submitted a price to provide the water service installation which is acceptable to the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the Minnesota Department of Transportation enter into a supplemental agreement with Arcon Construction to provide water service to the aforementioned location pursuant to City of Eden Prairie standards. The cost of said installation shall be paid for in its entirety by the City of Eden Prairie and an additional 4% shall be paid to the Minnesota Department of Transportation for their services and administering and inspecting the work. ADOPTED by the Eden Prairie City Council on April 6,.1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL JoW D. Frane, Clerk A-7U MEMO TO: Mayor'and City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: March 31, 1982 RE: Modern Tire Water Service During the construction process of the temporary signal installation at the Vo-Tech entrance on Hwy. 169, the City tried unsuccessfully to have the con- tractor install a water service for the Modern Tire building. In fact, the Council levied an assessment in 1978 of approximately $2500 for that installation. This assessment was levied on the premise that a service would be installed to provide Modern Tire an adequate water supply to operate a sprinkler system which apparently is required by code. Although tardy, we have an opportunity to provide that installation during the reconstruction and installation of the permanent signals and channelization at the Vo-Tech entrance. We have negotiated a price with Arcon Construction, who was awarded the contract for the State project. Attached for you review and information is a sketch of the proposed installation and the unit cost and total amount which has been negotiated with the contractor. In addition to the $19,174 for the contractor, the State requires an additional 4% for administration 'and inspection of the installation. The cost of the project is high due to the fact that it will be augered in place rather than put in with conventional open-cut method. This is required by the State due to the need to maintain traffic on T.H. 169. I recommend that Council adopt the Resolution which would allow Mn/Dot to proceed with executing a supplemental agreement with Arcon Construction for the work. It is proposed that the work will commence within the next 2-3 weeks and it may be necessary to pay the State the project costs prior to work commencing since we do not have an agreement with the State regarding this aspect of the project. Mn/Dot is in the process of preparing such an agreement but it is unlikely that it will be available when the contractor wishes to proceed. EAD:sg Submitted by Arcon Construction Company, Inc. 3/26/82 4 Y9, Feg I TOTAL $19,174.00 WATER SERVICE TO MODERN TIRE I.C. 51-295 (S.P. 2744-32 & I.C. 51-311) QUANTITY ITEM EDEN PRAIRIE (UNIT PRICE) AMOUNT 1 16" X 8" Live TAP 70' 16" Casing @ 170' 8" C152 DIP @ 1 8" Cross @ 2 ' 8 X 8 Tee @ 4 8" M.J. Plug @ 1 8 X 6 Reducer @ 1 Hydrant @ 3 8" G.V. & Box @ $140 $23.30 $274.00 $226.00 $ 53.00 $ 95.00 $300.00 (install only) $510.00 $2550.00 $9800.00 $3961.00 $ 274.00 $ 452.00 $ 212.00 $ 95.00 $ 300.00 $1530.00 soy, g ; A Do a/c-v./A € sA71„s" Pivalat x,„ ps) L + '71 a ptt IV2( 3 OM IOW i A*9 k .... 14 . ix• n s 1 5 1. ,x, z1.1. 757/Taza „ g _try w • w A d721 03 sod QJ t1' est E U. ry sSne7 ° -11 5,ftli 7 AV 'ff 10 $1431.1 5 AS' - 1,5 • b* '71E *LS c2oet_iz A 9213 Af Of 19/17,1 „V / d ( /•_:L/^ Sw ,OZ- r or , 1/, L 1-11a act 11411N ri 1 IN . — _... , . , ..- ---.. _ _ _ _ _ 4::=SfQ 3 eyei $6Z - /S '9'i MEMO TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: April 1, 1982 RE: Administrative Split of Part of RLS 751 Request by R.J. Eckert Attached for your review is a copy of a proposed lot division on the south side of Sunnybrook Road west of Homeward Hills Road. The first sketch shows approximately 8 acres to be divided into 2 tracts of 3.8 acres and 4.5 acres. Eventually, it would be proposed that Tract A would be divided into 2 tracts, one 3.8 acres and another of 0.75 acres. To date, Mr. Eckert has taken this concept of a lot division to the Board of Appeals and has "received a variance" which would allow the division. The Board of Appeals granted this "variance" over a recommendation by Mr. Sanders of a division making not more than 2 lots of approximately 4± acres each. The purpose of submitting this information to City Council is to obtain a direction on how to proceed with this lot split. There would appear to be the following possible methods of resolving the question: A. Override the Board of Appeals and deny the lot split. In this situation, the petitioner could probably go through the formal platting and zoning procedure and it would eventually come back before City Council. B. After reviewing the information contained herein, the Council could authorize the City Engineer to proceed with administrative land divisions of the parcels in question. It is my recommendation that Process A above be adopted by the City Council. In addition, I would recommend that the City Council, by simple motion, indicate to the proponent that a formal application for platting and zoning would not be received favorably. Sunnybrook Road has long been a source of maintenance problems for the City. Additionally, past attempts to install sanitary sewer, watermain and a permanent street have met with resistance. It would appear that approval of the lot split as proposed by Mr. Eckert and subsequent installation of 2 more wells and septic systems will only strengthen that resistance. EAD:sg 5,44. 4S Z70. a EAD:sg MEMO TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: • Eugene A. Dietz, Director of Public Works DATE: April 1, 1982 RE: Schooner Blvd. Grading and Access Spacing The attached resolution is a result of some lengthy meetings among the property owners to be assessed, City Staff, and a combination of both inte r e s t s . Essentially, adoption of the resolution would give some assurance to the property owners that the City recognizes substantial grading will be requi r e d to develop the properties adjacent to the west leg of Schooner Boulevard. Additionally, the resolution speaks to the concept that would be used to provide access to the properties for development. As indicated, City Staff has reviewed the information in detail and recomm e n d that the resolution be approved. The adoption of the resolution would cle a r the way to receive right-of-entries to the property which will lead to permanent easements thereby allowing construction to proceed. April 6, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-68 RESOLUTION RECOGNIZING GRADING AND ACCESS NECESSARY FOR DEVELOPMENT IN THE MCA WHEREAS, the Guide Plan of the City of Eden Prairie has identified a high intensity use for lands within the Major Center Area; WHEREAS, the completion of Schooner Boulevard will allow safe access to these -lands with a minimum of disruption to the highway system through the area; WHEREAS, the commercial development of the MCA is important for the convenience of the residents of Eden Prairie and as a tax source for the City; WHEREAS, all landholders affected by Schooner Boulevard will be donating the right-of-way easements for the road and accepting very significant assessments for the road development; and WHEREAS, the assessment policy for Schooner Boulevard assumed that 600 feet of property west of Schooner Boulevard would be fully developed, which will require substantial fill from on site to be feasible. NOW THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: The City Council recognizes that the construction of said roads and utilities in the Major Center Area and levying of assessments therefore will stimulate land development therein, and such development may require substantial grading and land alteration as has occurred on other MCA parcels which are now under development. The Council anticipates that such grading and land alteration shall be fully reviewed by all appropriate City commissions and Watershed Districts prior to approval by the Council, and that all such grading shall be designed and under- taken in a responsible manner. The number of median crossings in the southwest quadrant is to be limited with no spacing less than 600 feet and greater spacing desired if the proposed development has a long frontage. Insofar as possible, two or more parcels will be provided access from each entrance-exit driveway. Further, right-in/right-out access to parcels between median cuts are anticipated between the full access intersections. ADOPTED by the Eden Prairie City Council on April 6, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, airk 6t6ig MEMO TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works(A .. DATE: April 1, 1982 RE: Edenvale Land Alteration Permit An application has been received for a land alt e r a t i o n p e r m i t f r o m E q u i t a b l e Life (Edenvale). The location of the proposed a l t e r a t i o n i s j u s t w e s t o f the Minnesota Tree property in an area which h a s b e e n u s e d a s a s o u r c e o f granular material intermittently over the last 1 0 y e a r s . In November of last year, I sent a letter to Ede n v a l e r e q u e s t i n g t h e m t o cease all mining operations until a total gradi n g p l a n c o u l d b e f o r m a l l y reviewed and approved by the City. Edenvale has g e n e r a l l y c o m p l i e d w i t h t h a t request and has submitted a grading plan within t h e p a s t 2 w e e k s . H o w e v e r , Edenvale has received a request from the develo p e r o f t h e n e w a d d i t i o n t o Fairway Wood for approximately 3,000 cubic yard s o f s a n d m a t e r i a l t o c o n s t r u c t the first building in the development. Their d e s i r e t o u s e t h e E d e n v a l e material includes the need to use 9 ton roads b e c a u s e o f l o a d l i m i t s a s w e l l as cost factors. Normallly, a land alteration involving this sma l l a m o u n t o f g r a d i n g w o u l d n o t be brought to your attention. However, over t h e p a s t y e a r s , n o f o r m a l permitting process has been followed by Edenv a l e . F u r t h e r m o r e , w e h a v e received complaints from the operators of other g r a v e l p i t s d u e t o t h e lack of permits for the Edenvale site as well as a n o c c a s i o n a l q u e s t i o n f r o m Council members regarding the status of the gra d i n g p l a n . T h e r e f o r e , I a m submitting this request to your attention for yo u r r e v i e w a n d c o n s i d e r a t i o n . It is my recommendation that we allow Edenvale t h i s o n e l a s t r e m o v a l o f m a t e r i a l prior to the formal review process commencing o n t h e i r g r a d i n g p l a n . I f y o u concur with this recommendation, I will make su r e t h a t E d e n v a l e u n d e r s t a n d s this criteria and that no further applications w i l l b e c o n s i d e r e d . EAD:sg