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HomeMy WebLinkAboutCity Council - 06/07/1983 EDEN PRAIRIE CITY COUNCIL. AGENDA (;rSDr1Y, JUNE 7, 1983 7:30 PM, CITY HALL rL MLMi ERS: Mayor Wolfgang Penzel, Richard Anderson, Geor-. Bentley, Paul Redpath and Gorge Tangen CITY CO;;iiCiL STAFF: • City Manager Carl J. Jullic; City Attorney Roger Pauly; Finance Director John Franc; • Planning Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene A. Dietz, and Recording; Secretary Karen Michael IliVOCATIOil: Cc+rncilman Paul Redpath 7))" PLFTICE OF ALLEC,,IANCE ' • ROLL CALL I. APPROVAL OF AGENDA AND OT;IER ITEMS OF BUSINESS - II. MINUTES A. Board of Review meeting held Tuesday, May 17, 1983 Page 960 •B. Cityi.ouncil meeting_held Tuesday, May 17, 1983 Page 962 CONSENT_CALENDAR 1 A. 2nd Readinc,; of Ordinance No. 18_83, establishing a fee for connecting Page 975 to the sanitai sewer and water_system • B. Resolution No 83-133 designating the City_Manager_as the_Signatory Page 978 to sign app opriate_ application forms for training reimbursement money fiom the Minnesota Board of Peace Officers j. C. 2nd Reading of Ordinance No. 9-83, rezoning from Rural to Public, Page 981 j • approval_ of Devcr'lnpc 's-AgretmentTorTax Christi Cacho is -Olununity, and adoption of-Res6Tution No 83=T2F approving-Sunonary of-0i dinarin lie. 9 83, and 0rdei• the-Pub-11 lication of said sunriary—for Faz-- Christi Cal iolic: Coi.a.unTty. 25 adres-for c-hurdi si"re and 1.3 acres for park. forth of Coanty-toad 1, West of proposed Homeward Hills Road extension. (Ordinance Ne. 9-83 - rezoning; Resolution No, 83-127 approving Sammary) • D. Final plat approval for Pax Christi Catholic Community, (Resolution Page 995 No. 83-123 • -- — --- ------- E. Award contract for LaVcnne Industrial Park, IBC. 52-048. (Resolution Page 998 No. 83-115-) - • F. Award contract for self prgpelled roller (Public Works) Page 1001 • G. Resolution No. 83-104,_nrodifying_the Municipal Industrial Devel pment Page 1002 Hone transaction for Valicy Place Office Associates 9tithe amount of..51,ZOO.On0,00 — -----^ • Ci:. Council Agenda - 2 - Tues.,June 7, 1983 • H. 2nd Reading_of Ordinance No. 16_83, rezonin_g from R1-13.5 to R1-9.5 Page 1005 approval of Developer's Agreement for Dellwood and adoption of Resolution It No. 83 126, approving Sunny of Ordinance No. 16-83, and Orderint_the Publication of said Summary for Dellwood. 90 Single Family Residential Units, two outlots and park open space on 36 acres. West of Dell Road, North of Duck Lake Trail. (Ordinance No. 16-83 - rezoning; Resolution No. 83-126 - approving Summary) • I. Final plat approval for Dellwood (Resolution No. 83-124) Page 1016 J. 2nd Reading of Ordinance No. 10-83,- rezoningfrom RM 6.5 to R1-9.5_2. Page 1019 approval of Developer's Agreement for Valley Curve "formerly Willow Bend)Land adoption of Resolution No. 83-128, appioving Sumnary_of Ordinance No. 10-83, and Ordering the Publication of said Summary for Valley Curve. 80 Single Family Residential Units and 11.2 acres for park. Southeast corner of Baker Road and Valley View Road. (Ordinance • No. 10-83 - rezoning; Resolution No. 83-128 - approving Summary) K. Final_plat approval for Valley Curve (formerly Willow Bend) Resolution Page 1029 No. 83-122 L. Final plat approval for Westwood Industrial Park (Resolution No. 83- Page 1032 12) M. Receive feasibility retort for utili_t y- improvements along Shady Oak Page 1035 Road and set Public Hearing for 7:30 PM, July 5, 19 3, I.C. 52-049 dd (Resolution No. 833---116) ( N. Extra Work Order_No. 1 to I.C. 51-340A for trunk improvements on Duck Page 1037 Lake Road, I.C. 51-041 0. pprove_plans and seecifications for Valley__View Road Improvements, Page 1038 I.C. 51-308C, and authorize bids to be received .on June 30, 1983 (Resolution No. 83-118) — -- —--- -- - P. Receive 100aRetition for Watermain Improvements on County Road 67_, Page 1039 West of Industrial Boulevard, I.C. 52-052 (Resolution No. 83-119) Q. Set Public Hearing for July 14, 1983 to vacate unused right-of-way on • Plaza Orive— -- - -R • . Aff rove_plans and s_pecifications for Homeward Hills Road extension and Page 1041 authorize bids to be received on July 14, 1983 (Resolution No. 83-120Y S. Authorize permit application for connection of sanitary sewer to MWCC Page 1042 trunk sewer at Homeward Hills Road Resolution No. 83-12fr T. Clerk's License_List • Page 1043 iv. PUBLIC HEARINGS • A. HIDDEN GLEN by R._ M__Feerick'Associates. Request for Planned Unit Page 1044 Development District Review of 104 acres for 195 single family detached units and 58 multi-family units; 1st Reading of Ordinance No. 22-83,' rezoning from Rural to R1-9.5, R1-13.5 and R1-22 for 22.8 acres for residential use; Resolution No. 83-129, approving Preliminary Plat of 22.B acres for 59 single family lots. Location: East of Hwy. 101 and South of Townline Road. (Ordinance No. 22-83 - rezoning; Resolution No. 83-129 - preliminary plat) • City Council Agenda - 3 - Tues.,June 7, 1983 B. NORTHMARY4THADDITION_by_Hans_-M en_Homes. Request for Zoning Page 1061 Amendment and Planned Unit Development District approval of five acres for multiple residential land use; Resolution No. 83-131, approving Preliminary Plat of five acres for 32 townhouse units. Locatiun: West of Center Way, North of Nesbitt Preserve Park. ;(Resolution No. 83-131 - preliminary plat) • C. EDENVALE 17TH ADDITION by Equitable Life Assurance. Request for Page 1070 Planned Unit Development District Review; 1st Reading of Ordinance No. 24-83, rezoning from Rural to RM 6.5; Resolution No. 83-130, approving Preliminary Plat of 9.77 acres for medium density residential use for 21 duplex lots, or 42 units. Location: North of Edenvale Boulevard, South of Birch Island Road. (Ordinance No. 24-83 - rezoning; Resolution No. 83-130 - preliminary plat) V. PAYMENT OF CLAIMS NOS. 7652 - 7996 Page 1080 VI. REPORTS OF ADVISORY COMMISSIONS . A. Human R ghts & Services Commission - Reconunendation for Special Page 1088 Assessment Deferral for the handicapped and elderly VII. PETITIONS, REQUESTS & COMMUNICATIONS A. TERRY DOUGLAS. Request for Steep Slope Grading Review, pursuant to ;aye 1089 f Section 11.60 of the City Code. Location: Ncrth of U.S. 169, west of Eden Prairie Road in Minnesota River Bluffs area VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of Cif Manager 1. Discussion on IRB Reserve Funds, SBA 503 Loan Program, Port Authority, Page 1100 and Minnesota Star Cjty Designation 2. Ordinance No. 25-83,amending Cable TV Ordinance No.80-33 setting forth a descr ption of the facilities to be_provided by grantee; modifying Page 1139 I the initial service area; amendi _the line extension_policy_of tt . grantee;_pescribing installations charges as set forth_herein; and amending the exhibits. • C. Report of City Attorney D. Report of Director of Communit.v'Survices 1. Reguestpermission to_prepare plans and specifications and receive Page 1151 bids for Staring Lake Park Trail - Phase I • 2. Staring_Lake Park Trail Easement Agreement Page 1152 Ix• NEW BUSINESS X. ADJOURNMI_N7` • UNAPPROVED MINUTES CITY OF EDEN PRAIRIE BOARD OF REVIEW TUESDAY, MAY 17, 1983 7:00 PM, CITY HALL BOARD OF REVIEW MEMBERS: President of the Board Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tannen BOARD OF REVIEW STAFF: City Manager Carl J, Jullie, City Assessor Bob Martz, Deputy Assessor Steve Sinell, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL: Penzel arrived at 7.10 p,m, I. CALL MEETING TO ORDER The meeting was called to order by Vice President of the Board Paul Redpath. II. RECONVENE BOARD OF REVIEW MEETING Vice President Redpath noted the Board had met,.on May 104 1983, at which time it voted to reconvene the meeting at this time, III. APPROVAL OF BOARD OF REVIEW MINUTES FROM THE MEETING HELD TUESDAY, MAY 10, 1983 MOTION: Bentley moved, seconded by Tannen; to approve the Minutes of the meeting of the Board of Review held Tuesday, May 10 1983, Motion carried unanimously. IV. ADOPTION OF RESOLUTION NO, 83-107 ACCEPTING ASSESSMENT The following taxpayers appeared before the Board: Richard O'Gara - 7024 Springhill Circle: City Assessor Martz said this property was further reviewed and it was recommended the valuation be reduced from $99,400 to $93,400. Deputy Assessor Sinell reviewed the rationale for the decrease, O'Gara said he objected to the classification of his home as a split entry since the lower level is not finished. He also noted the area which is classified as a porch is a covered walkway. Sinell said this is a matter of terminology. Board of Review Minutes .2- May 17, 1983 President of the Board Penzel arrived at 7:10 p.m. MOTION: Bentley moved, seconded by Tangen, to reduce O'Gara's assessment from $99,400 to $92,400. Motion carried with Penzel abstaining. John Wilms - 7025 Springhill Circle: President of the Board of Review Penzel noted that the estimated market value of the Wiley home was $108,000, Wiley said he was objecting to the fact that an addition above his garage was assessed at $39 per square foot because it was pot directly over his living room level, whereas if it had been over his living room it would have been assessed at $25 per square foot, Deputy Assessor Sinell explained the rationale for the assessment and the method used for assessing. Wiley said he paid $12,000 for the 400+ addition in 1982. MOTION: Redpath moved, seconded by Bentley, to reduce Wiley's assessment from $108,000 to $101,000. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 83-107 accepting the 1983 assessment. Motion carried unanimously. V. CLOSE. MEETING MOTION: Tangen moved, seconded by Bentley, to adjourn the meeting at 7:35 p.m. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 17, 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley. Paul Redpath and George Tangen fi CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly. Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert. Director of Public Works Eugene A, Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: all members were present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Consent Calendar as III, M. Final plat approval for Menard's III Addition. The following item was added as item IX. D. 4. Communication from the Hennepin County Park Reserve District. MOTION: Redpath moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES FROM THE CITY COUNCIL MEETING HELD TUESDAY MAY 3, 1983 Page 8, last sentence of last paragraph: change "jibe" to "are not always the same." Page 9, 7th nara, under item B., line 3: change "yougsters" to "youngsters" MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, May 3, 1983, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Approve plans and specifications and authorize bids to be received for street iTrovements on Brookview Circle (Creekridge Estates), I.C. 52-040 TResolu- tion No. 83-102T 6/6,,1 City Council Minutes -2- May 17, 1983 • B. MWCC Permit Application, Factory Outlet Centre (Resolution No. 83-103) l C. Final Plat approval for Portnoy's 2nd Addition (Resolution No. 83-94) I. D. Final Plat approval for Woodlawn Heights Addition (Resolution No. 83-105) E. Final Plat approval for Maple Leaf Acres 10th Addition (Resolution No. 83-106) --- F. Reissue Lost Bond (#37) to Gilbert Jacobson (Resolution No. 83-110) G. 2nd Reading of Ordinance No. 8-83, rezoning from Rural to I-2 Park, Approval of Developer's Agreement for Oak Park Business Center and Adoption of Resolution No. 83-99, Aparovinc_Summary of Ordinance No. 8-83, and Ordering the Publication of said Summary for Oak Park Business Center. One industrial lot at Wasliington Avenue and Valley View RoadTOrdinance No. 8-83 - rezoning and Resolution No. 83-99 - approving summary) H. 2nd Reading of Ordinance No. 15-83, rezoning from Rural to C-Regional- Service-PUD, Approval of Developer's Agreement for Factory Outlet Centre and Adoption of Resolution No. 83-90, Approving Summary of Ordinance No. 15-83, and Ordering the Publication of said Summary for Oak Park Business Center. One lot and three outlots at NW quadrant of I-494 and Highway 5. (Ordinance No. 15-83 - rezoning and Resolution No.'83-90 - approving summary) I. Railroad license for sanitary sewer crossing at Edenvale Boulevard & ( Chicago & NW tracks. I.C. 51-356 J. Set sale date of June 7, 1983, at 10:30 a.m. for refunding,of the $18,000,000 General Obligation Tax Increment Financing Bonds (Resolution No. 83-liT) K. Set sale date of June 7, 1983, at 10•.30 a.m. for refunding of General Obli- gation Improvement Bonds (Resolution No, 83-112) L. Resolution requesting a hearing_before Mn/DOT for a public grade crossing of Edenvale Boulevard over Chicago & NW Railroad Tracks (Resolution No. 83-113� 4 M. Finaljlat approval for Menard's III Addition (Resolution No. 83-114) • MOTION: Tangen moved, seconded by Redpath to adopt items A - M on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. BRYANT LAKE OFFICE/TECH CENTER by Welsh Corporation, Request for PUD Amendment, with variances rezoning from C-Regional Commercial to Office, and preliminary plat for 7.94 acres for office/service/storage facilities. Location: County Road 60 (Valley View Road) and Market Place Drive. (Ordinance No. 20-83 - rezoning and Resolution No. 83-108 - preliminary plat) • • City Council Minutes -3- May 17, 1983 ( City Manager Jullie stated notice of this Public Hearing had been )' published and notices had been sent to the affected property owners. Wally Hustad, owner of the land proposed for development, addressed the proposal. Dennis Doyle, Welsh Construction, explained what their company does noting the buildings would be owner-occupied. Darrell Anderson, landscape architect, reviewed the site and site plan. Bob Roscoe, The Design Collective and architect for The Creative Resource Center building, discussed the design of that building. Will Ahern, business manager for The Creative Resource Center) gave some background as to the nature of their company. Russ Hagen, Data Recognition Corpor- ation, explained what his company does. Hustad then summarized the project which will provide a variety of types of businesses within one area; a cross-fertilization of commerce. Planning Director Enger noted the Planning Commission had reviewed this proposal at its April 25, 1983, meeting at which time it voted to recommend approval subject to the recommendations included in the April 22, 1983, Staff Report. This request had not been reviewed by the Parks, Recreation A Natural Commission. Penzel suggested the words "wood and brick" be added to item 4 of the recommendation included in the Planning Staff Report (to read: The office building should he of the same exterior material - wood and brick - as the majority of the industrial buildings,) Penzel asked about when the eastern cul-de-sac would be completed. Enger said that would occur sometime in the future to provide access to Outlot C; it would necessitate platting of the adjacent property. Penzel questioned whether or not it • would be a good idea to require basic construction of that at this time. Hustad said he will be in with a petition for that roadway once this request has been granted. Bentley asked if this is the appropriate site for this type of development. He wondered if there might be a need for a new type of zone which would reflect this type of development, the type which would allow a combination of uses. Enger said the I-2 District allows up to 50% office use. The Planning Commission, he noted, had discussed a high technology/office district; which would allow some manufacturing, some storage and the remainder would be office. The types of uses in this type of district would be identified and limited. Redpath expressed concern about the second and third uses which might come • into these buildings, He cited the uses which are now included in the McGlynn Building on Mitchell Road which had not been intended when approval was granted. Hustad said that was of concern to him also. There were no comments from the audience, • • • City Council Minutes -4- May 17, 1983 3 MOTION: Bentley moved, Redpath seconded, to close the Public Hearing and to give 1st Reading to Ordinance No. 20-83. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No, 83-108, approving the preliminary plat of Bryant Lake Office/Tech Center for Welsh Construction, Inc, and to direct Staff to prepare the Developer's Agreement taking into consideration the recommendations included in the Staff Report and those of the Planning Commission and the City Council. Redpath asked how restrictions regarding future use might be placed on the property. City Attorney Pauly said the owner of the property would have to agree to impose deed restrictions. Penzel suggested this be looked at prior to 2nd Reading of the Ordinance, VOTE ON THE MOTION: Motion carried unanimously, MOTION: Bentley moved, seconded by Tangen, to direct the Planning Commission to review the necessity for a new zoning category which would reflect the office/manufacturing/storage use, Motion carried unanimously. B. LION'S TAP. Request for zoning of five acres from Rural to Highway Commer- cial for use as a restaurant. Location: north of Highway 169-212, west of County Road 4. (Ordinance No. 19-83) City Manager Jullie said notice of this Public Hearing was published and notices had been sent to owners within the project vicinity. Bert Notermann owner of Lion's Tap, addressed the request. Jim Ostenson, Tandem Corporation, was also present. Rick Sathre, Sathre-Bergquist, Inc., spoke to the grading of the slope for the parking lot. Director of Planning Enger said this request had been considered by the Planning Commission at its April 11. 1983, and April 25, 19B3, meetings, At the April 1lth meeting the Planning Staff Report recommended denial of the request and instead allow the Lion's Tap to continue as a non-conforming use. The Planning Commission gave direction to the Staff that the Lion's Tap be allowed to continue; in the event that the building were to burn down it should be allowed to continue. The second Staff Report included reconmendations along those lines. The Planning Commission at its April 25th meeting voted (5-2) to recommend approval of the rezoning request subject to the recommendations included in the April 22, 1983, Staff Report and subject to additional items as noted in the Planning Commission Minutes of April 25, 1983. Director of Community Services Lambert said this request had been reviewed by the Parks, Recreation & Natural Resources Commission at its May 2, 1983, meeting at which time it voted to recommend approval subject to the con- ditions as noted in the Minutes of the Parks, Recreation & Natural Resources Commission's meeting of May 2, 1983. City Council Minutes -5- May 17, 1983 • Bentley asked how many acres were to be included in the rezoning. Enger said the request was for five acres but the Planning Commission had suggested that a smaller area he rezoned. Bentley inquired as to the number of parking spaces involved. Enger said there would he 60 in the upper parking lot plus 3 handicapped spaces closer to the building. Bentley said he would like to see the County find the • funds to relocate County Road 4. Penzel asked what the cost might be for straightening that intersection (County 4 and TH 169). Notermann said the • County has indicated it could eventually pay for the improvement out of its • maintenance budget which indicated the cost would not be substantial. Anderson said this is a non-conforming use which does not fit in with the Guide Plan. He said he realizes Lion's Tap is and has been important to the community. He stated the Council has turned down proposals on the bluffs in the past. He wondered if by approving this request that stance would be negated. Penzel said he wondered if this plan was preferable over any of the others. Anderson said the proposed improvement would mean more cars, more traffic; does the Council want growth of this type in that area. Bentley said he had served on the committee which put together the Bluff's Ordinance. He said there are two items which should make this a desirable improvement with a minimal encroachment into the bluff's area: this would be an improvement in the public health and welfareand it provides the City the ability,through the zoning,to control the upgrading as well as the image of the community, Redpath said this proposal is a case of asking Notermann to seek a ( solution as the result of a request from the County in regard to parking. lie felt there would not be much disturbance of the bluff. He said the bad part was that Lion's Tap would be upgraded and lose some of its charm. Tangen suggested covenants so it would remain as it is -- and not be sold to a chain, lie said he would support the proposal even though it is not ideal. He stated it will help to alleviate a problem which exists. Bentley said he tends to support the proposal also. • Enger said it might be proper for the Council to have the proponent go before the Board of Appeals and whatever other agencies it deems necessary prior to 2nd Reading of the Ordinance, Penzel said he felt there should be a commitment on the part of the proponent I to participate in the relocation of County Road 4 since the existence of the proponent's business had helped to create the traffic problem, This should be done concurrently with the parking lot project. Sathre said to say the Lion's Tap created the problem is not correct. He stated Notermann has gone ahead and agreed to purchase the property necessary from Sever Peterson. The proponent has done a great deal to try to solve a public problem. Penzel stated the tax payer usually has to contribute to specific improvements for which he is the benefactor; he felt Lion's Tap would be the benefactor of the County Road 4 improvements and should contribute to those costs. Enger said the County position is that it does not feel the intersection is a hazardous one. Redpath said the County initiated the request and now they say it isn't a hazard. Notermann said if the County were to admit it is a hazard it would then assume liability in the case of an accident, • City Council Minutes -6- May 17, 1983 James VanWinkle, 10129 Eden Prairie Road, said he would like to see Lion's Tap expanded; he supports the proposal. . `i Sever Peterson, 15900 Flying Cloud Road, stated he had spoken with all the residents on Spring Road and with a number of "old" families in Eden Prairie. All concurred that the Lion's Tap was an asset to the community and should be allowed to expand. He noted he has lived in Eden Prairie all of his life and Lion's Tap was built by his father and uncle as a vegetable market. He said the County Road 4/TH 169 intersection is a hazard but the presence of the Lion's Tap is not. Most of the traffic problem, he noted, is at 7 a.m. and again at 5 p.m. while the busiest time at Lion's Tap is during the noon hour. He felt the Lion's Tap is a definite benefit to the neighborhood. MOTION: Tangen moved. seconded by Redpath, to close the Public Hearing and to give Ist Reading to Ordinance No. 19-83; and to direct Staff to prepare the Developer's Agreement subject to the recommendations included in the Staff Report, those of the Planning Commission and the Parks, Recre- ation & Natural Resources Commission, and those of the City Council including the processing of the Guide Plan change with the preliminary plat and the provision that this request is for the Lion's Tap only, Motion carried with Anderson voting "no." C. LORENCE ADDITION Associated Investments, Inc, Request for comprehensive guide plan change from low to medium density for rezoning from Rural to RM-6.5 for 4.725 acres for 31 condominium units. Location: Duck Lake Road and Valley View Road. (Resolution No, 83,109 - comprehensive guide plan change and Ordinance No. 21-83 - rezoning)' City Manager Jullie said notice of this Public Hearing had been published and notices had been sent to property owners within the project vicinity. Tom Robertson, Associated Investments; Inc., reviewed the request. 1 Planning Director Enger stated the Planning Commission had reviewed this request at its April 25, 1983, meeting at which time it voted to recommend approval of the comprehensive guide plan change and rezoning from Rural to RM 6.5 subject to the recommendations included in the April 22, 1983, Staff Report, Director of Community Services Lambert noted the Parks, Recreation & Natural Resources Commission had reviewed this request at its May 2, 1983, meeting at which time it voted to recommend approval subject to the recommendations included in the Staff Report and with the suggestion that the developer do additional landscaping around the pond to create more of an amenity, Penzel said the Guide Plan shows this as single family use. He felt it had been indicated the railroad tracks would provide a natural barrier so multi family housing would not be developed west of that point. He said from the standpoint of consistency he must oppose this proposal. • ] City Council Minutes -7- May 17, 1983 ) Redpath said he did not know whether or not this proposal was right for { this area but he felt it was wrong to say that this area of the City should not have this type of housing available. Penzel said he felt there were certain areas within the City which are more suitable for townhouses and condominiums, Enger said the Planning Commission felt this was a self con- tained site, adjacent to public facilities (parks, schools, churches and the community center), and transportation. This, he said, appears to be an ideal site for what is proposed. Don Peterson, owner of the property, noted the cost of the lots is too much for single homes to be built on the property. He reviewed the concept for this area, He noted this is a fairly low density townhouse style. Bentley said he likes the manor homes which are being built to the east of this site. He concurred that the northwest sector of the community does not have any significant multiple housing, There were no comments from the audience. MOTION: Redpath moved, seconded by Anderson. to close the Public Hearing. Motion carried unanimously, MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No, 83-109, amending the comprehensive municipal plan, Motion carried with Penzel voting 9' "no." ( MOTION: Redpath moved, seconded by Anderson, to give 1st Reading to Ordinance No. 21-83. Motion carried with Penzel voting "no,'" MOTION: Redpath moved, seconded by Tangen, to direct Staff to draft the Developer's Agreement taking into consideration the recommendations included in the Staff Report and those of the Planning Commission, the Parks, Recreation & Natural Resources Commission and the City Council, Motion carried unanimously D, AMENDMENT TO DEVELOPMENT DISTRICT NO, 1 AND AMENDMENTS TD TAX INCREMENT U_I5IRICI NOS, ,2 1 , 3 and 4 AND ADOPTION—OT 17\X I�-DEMENT DISTRICT N0; 5 (KesoluttonNos, 83-100 and 83-101) City Manager Jullie noted notice of this Public Hearing had been published, He stated the overall Tax Increment Financing District Amendments as recommen- ded by bond counsel, O'Connor & Hannan and reviewed by City Attorney Pauly's office, arc required because of 1982 statutory changes in the tax increment financing laws. Tax Increment District No, 5 covers increments from the Cherne Construction and Kentucky Fried Chicken projects. City Attorney Pauly reviewed the procedure and documents to be adopted. He noted the evidence introduced and as described in the minutes of September 15, 1981, is made a part of the record in these proceedings. Also made a part of the record in these proceedings are the notice of the public hearing; minutes of meetings of the City Council held on September 22, 1981, March 30, 1982, November 16. 1982, and March 15, 1983: letter from Eden Prairie Chamber of Ccnmierce dated September 18 1981; minutes of meetings of the City's Planning City Council Minutes -8- tlay 17, 1983 Commission on March 29, 1982 and May 9, 1983; two memoranda dated March 4 15, 1983, and two memoranda dated May 11 1983 by Eugene A. Dietz, Director of Public Works addressed to the Mayor and City Council: a letter dated April 15, 1983, addressed to Mr. John Lobben, Chairman of the Board, Eden Prairie School District No, 272; a letter dated April 15, 1983, addressed to Mr. Norm Friederichs, Chairman of the Board, Joint Independent School District No, 287; a letter dated April 15, 1983 addressed to Mr. John Derus, Chairman of the Hennepin County Board of Commissioners; and a memorandum dated March 15, 1983, and a memorandum dated May 11. 1983 by Carl J. Jullie, City Manager. Jullie noted several revised pages which were distributed to the Council members. Pauly noted the action of the Planning Commission on May 9, 1983, was to affirm that the revised tax increment financing plan does conform to the comprehensive plan for development of the City. Tax increment district no. 5 includes the Kentucky Fried Chicken building and the Cherne Construc- tion building which is being constructed. There were no comments from the audience. MOTION: Redpath moved, seconded by Anderson': to close the Public Hearing ^d to adopt Resolution No 83 13Oproviding for Further modification of the development program for Development District No, 1 and the tax increment financing plans for Tax increment Districts Nos, 1, 2, 3, and 4 located therein. Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 83-101, providing for establishment of proposed Tax Increment District No. 5 and the adoption of a tax increment financing plan relating thereto. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 7379 - 7651 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 7379 - 7651, Roll call vote: Anderson, Bentley; Redpath, Tangen and Penzel voted "aye," Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. VII, ORDINANCES & RESOLUTIONS A. First consideration of an ordinance establishing a fee for connecting to the sanitary sewer and water system (Ordinance No,. 18-83) City Manager Jullie said the purpose of this Ordinance is to establish a fee in lieu of the prior special assessment for connecting to the City sanitary sewer and water system. Director of Public Works Dietz addressed his memorandum of May 11, 1983, in which he reviewed the connection fee ordinance. ,Jfn9 City Council Minutes -9- May 17, 1983 Jullie noted that people who will be connecting to City sewer and water will know how much they will be paying, • i City Attorney Pauly stated there are situations where it is difficult to impose this kind of charge on the land; you might have a local improvement and some areas might not be included. The statute under which this ordinance !! is based provides the method for imposing an assessment for these services. Bentley asked if this meant the assessing process was being circumvented and thereby the right of appeal. Pauly said the same rights of appeal pertain to this as to the usual assessment process.- Pat Lueck, 6381 Duck Lake Road, presented a letter to the Council (see attached) in which he objected to the adoption of the proposed Ordinance, specifically the language as proposed. Don Jacobson, 6345 Duck Lake Road, questioned the rationale for charging the amount to be charged when the City has no expense involved. Dietz further explained the procedure. Marshall Oaks, Ruston {developer), stated Ruscon is attempting to get right-of-entry. He asked if a credit is given if a landowner gives per- mission for right-of-entry, Riet7 said that might he pnscihle, Jullie said the City might be able to work out some equitable arrangement which could then be applied to the assessment. Dietz explained this is not an assessment but rather a connection fee ,iith the provision that payments towards the cost can be made over a period of time. MOTION: Redpath moved, seconded by Anderson: to give 1st Reading to Ordinance No, 18-83, Motion carried with Bentley voting "no," VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Naegele Outdoor Advertising Company for review of sign ordinance City Manager Jullie stated a request had been received from the Naegele Outdoor Advertising Company of the Twin Cities asking the City to review the sign ordinance as it relates to outdoor advertising. MOTION: Anderson moved, seconded by Tangen, to direct Staff to request of the petitioners specific details of the changes requested-and upon reviewing these forward the recommendations to the Council. Motion carried unanimously. City Council Minutes -10- May 17, 1983 1 IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS CA. Reports of Council Members Penzel - Reminded the Council of Commerce and Industry Day which will be held tomorrow and is sponsored by the Eden Prairie Chamber of Commerce. B. Report of City Manager City Manager Jullie asked if and when the Council would like to tour the new Public Safety Building. The concensus was that this will be done just prior to the public open house. C. Report of City Attorney There was no report. D. Report of Director of Community Services 1. Discussion on Park Fee Policy Director of Community Services Lambert addressed his memorandum of May 12, 1983, in which he reviewed the Park Facility Reservation Policy Fees. andFees unu . Anderson stated he was on the Parks, Recreation & Natural Resources Comnission when this issue was considered. Other communities, he noted, ( charge fees; Eden Prairie's fees are totally in line with those charged by other communities. The consensus was the policy will continue as is. 2. Request from the Lions Club MOTION: Redpath moved, seconded by Anderson, to approve the request of the Lions Club for 2 one half year family memberships to the Community Center to be raffled off during Schooner Days as outlined in the memoran- dum of May 12, 1983. Motion carried unanimously. 3. Approval of bids for air conditioning at the Community Center • MOTION: Tangen moved, seconded by Bentley, to approve Alta Mechanical Contractors bid of $12,760 as the low bid for the air conditioning at the Eden Prairie Community Center subject to their ability to be bonded for this project; if not, then the contract will be awarded to C.O. Carlson Company for a bid of $13,933. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. '3')I City Council Minutes -11- May 17, 1983 4. Communication from Hennepin County Park Reserve District Director of Community Services Lambert reviewed what previous policy had been in regard to limits relative to power boats on Bryant Lake. He also addressed a letter of May 11, 1983, to City Manager Jullie. MOTION: Redpath moved, seconded by Tangen, to authorize Staff to work with the Hennepin County Park Reserve District and the adjacent property owners to resolve the issue, Motion carried unanimously, E, Report of Finance Director 1. Clerk's License List City Manager Jullie noted the request from Mr, and Mrs, MacCharles for a mobile veterinary clinic which was listed on the license list, City Attorney Pauly stated the application is for a solicitor's license which is in connection with the rendition of some veterinary services -- limited to innoculation of dogs and cats. These services would be offered at various locations in the City at specific times. No specific permit location is intended, The method in which the activity is carried out necessitates a solicitor's license. Under the laws which h license veterinarians tiieiC is a provision which states it is not permissible for a corporation to practice veterinary medi- cine unless it is organized under a certain statute. Under that pro- vision each of the shareholders must be a license veterinarian. It would appear that this corporation would not be able to render this service under State law and this would be an impediment to ob- taining a license from the City. Rod MacCharles, Minnetrista, proponent, and his wife, Virginia, reviewed the contacts they had made prior to advertising that the clinics would be held at certain times at two locations in Eden Prairie. MacCharles went over the procedures he and his wife had gone through to this point. MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the 11:30 p.m. time limit. Motion carried unanimously, Redpath asked who would keep the records of the services provided. MacCharles said he would. Mrs. MacCharles said she was requesting a solicitor's license so she could hire a veterinarian to provide a service; she noted that 65% of the animals are not vaccinated and this is who they are attempting to service. She said she had not indicated to the State that their service would be incorporated, Bentley noted the MacCharles are not allowed to "peddle" under State law. Pauly concurred and added that economic protection of any local veterinarian is not a proper grounds to deny a license and cannot be considered by the Council. (1]2 City Council Minutes -12- May 17, 1983 Tangen noted the State licensure does give protection to the person who is using the service. He stated that from a professional stand- point it is important to know the professional person one is using. MOTION: Anderson moved, seconded by Bentley, to approve the Clerk's License List except for the M. R. MacCharles' application for a soli- citor's license. Motion carried unanimously. X. NEW BUSINESS There was none, XI. ADJOURNMENT MOTION: Anderson moved, seconded by Tangen, to ajourn the meeting at 11:55 p.m. Motion carried unanimously. The following items are on file in the Office of the City Clerk as attachments to the Minutes of the City Council, • May 17. 1983: 1. Letter from Patrick J. Lueck re: Proposed Ordinance No. 18-83. 2. Petition by the residents of Lochanburn Addition, ORDINANCE NO. 18-83 • AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 3 WHICH RELATES TO MUNICIPAL AND PUBLIC UTILITIES, BY ADDING THERETO A NEW SECTION, SECTION 3.07 CONNECTION TO WATER AND SEWER SERVICES, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. The City Code is amended by adding Section 3.07 as follows: "SEC. 3.07 CONNECTION TO WATER AND SEWER SERVICES. Subd.1. Certificate Required. Pursuant to the authority conferred by Minnesota Statutes 444.075, in addition to all other charges for tapping into or connecting with the municipal sanitary sewer system or the municipal water system, including inspection of connection, street opening fees and permit fees heretofore established by proper Ordinance or Resolution of the City, no connection permit shall be issued, nor shall any tap or other connection be ( installed, or mace, with or into any municipal sanitary sewer or municipal water system of the City, either directly or indirectly, from any lot or tract of land unless the City Clerk shall have certified as follows: A. That the lot or tract of land to be served has been assessed for the cost of construction of the main with which the connection is made, but this shall not include lots or tracts assessed under Subd. 5 hereof; B. If no assessment has been levied for such construction cost that proceedings for the levying of such assessment have been or will be commenced in due course,but this shall not include lots or tracts to be assessed under Subd. 5 hereot;or • C. That the cost of construction for the main has been paid by the developer or builder platting the lot or tract of land, but this shall not include lots or tracts served by the main which were not a part of that plat or tract developed. Subd.2. Additional Connection Charges. If none of the above conditions can be certified by the City Clerk, no permit to tap or make connection to any sanitary sewer or watermain shall be issued unless the applicant shall pay an additional connection fee. Such additional connection fee shall be charged for sanitary sewer and watermain made available by agreement with other munici- palities,counties or private corporations or individuals, as well as those owned and operated by the City itself. The additional connection fee shall be equal to the average asressment Icvied against like kind _property for a similar public improvennnt constricted and iiisst,illed by the Pity; provided. however. for a connection to a reTcientIal property the connection fee shall be equal to the average aso-.esunent levied aty .t residential parcels of one-hall acre or less. The O7'.l • Page-2- ` average assessment shall be determined by taking the total assessment for a similar public improvement and dividing, that total by the total number of properties . a soSSCd, such de...h•rlitinatmit h:rvinot regard for ronslruction costs current on the dale of such determination. Whenever more than one tap or other connection is rr•rinosled for service to any lot or tract. or whenever any lap or connection is • requested for a lot or tract which has previously been part of a lot or tract for which a connection charys'has already been imposed pursuant to this subdivision,an additional charge shall be unposed for each tap or connection requested. Subd. 3. Sejarate Fund. Any sum collected and received by the City under i Subd. 2 shall be placed in a separate fund,and shall be used first to pay the normal, reasonable and current costs of operating and maintaining the municipal sanitary sewer and municipal water system. Net revenues from time to time received in excess of such costs may be used as otherwise provided for by law. Subd.4. Notice and Hearing. Before the City Manager or his designate makes a final determination of the additional connection fee under Subd.2,he shall cause a written notice to be sent to the property owner affected stating the amount of the proposed connection fee and the basis of its calculation. The notice shall also state thai the owner may,within 10 days of receipt of the notice,demand a hearing on the matter. If the owner requests a hearing within that time, a I. hearing, shall be held on the matter by the City Council within a reasonable time 1 after the date on which the request is made. The notice shall further state that the ( owner may request that the charges be levied as an assessment against the lot or tract to be served and an application for such request shall be provided with the r notice. The application shall be made within 10 days of receipt of the notice t referred to above if no hearing is requested, or if a hearing is requested within 10 .1 days following the hearing. If as a result of the hearing,the City Council finds that j the proposed connection fee complies with the requirements of Subd.2, it shall so determine. If it determines that the proposed fee is in.excess of an amount that would have been assessed had the property been assessed it shall make a determination of the proper amount of the fee within the limits specified in Subd.2. No connection shall be made without payment of the connection fee unless the fee is to be assessed pursuant to Subd. 5. Subd. 5. Assessments. Upon application by the owner waiving his right to notice,hearing and appeal, the City Council may cause the connection fee to be levied as an assessment against the lot or tract to be served under the procedure authorized by law with reference to other assessments for benefits of local improvements. • Subd.6. Liability for Charge and Certification to County Auditor. All additional connection fees imposed pursuant to this Section, including those assessed pursuant to Subd. 5, shall be a charge against the owner of the lot or tract of land to he served. The Deputy City Clerk shall certify all unpaid charges to the County Auditor with taxes against the lot or tract to be served for collection as 1 other taxes are collected." i_ i • ( r)6, ' • Page-3- FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1983, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,1983. ATTEST: City Clerk Mayor. PUBLISHED in the Eden Prairie News on the_day of ,1.983. • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-133 BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that the City Manager is herein designated as the Signatory on behalf of the City of Eden Prairie to sign the appropriate applica- tion forms for training reimbursement money from the Minnesota Board of Peace Officers. ADOPTED by the City Council of the City of Eden Prairie this 7th day of June, 1983. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City C el rk SEAL q'1iS • p1 rrmerw LS, MINNESOTA BOARD OF f�A PEACE OFFICER STANDARDS AND TRAINING �'T9 333 SIBI.EY STRUT(SUITE 495) 4 ST.PAUL,MINNESOTA 55101 „. QUESTIONS/ANSWERS and INSTRUCTIONS RE: TRAINING REIMBURSEMENT MONEY On January I, I982, the State of Minnesota began collecting money from a ten percent surcharge on all moving traffic offenses. From this penalty assessment money, the POST Board has been appropriated $900,000 to be used as a reimbursement to local units of goverment to offset the cost of providing continuing education to peace officers and constables. This notification will address some of the frequently asked questions about reimbursement and serves as an instruction sheet regarding making application for the funds. When will POST distribute the official application forms? 1. Q. or. � application A. By law, the POST Board may not distribute the application forms until July 1, 1983. 2. Q. Who is required to sign the application forms on behalf of the local units of goverment? A. Two people: (1) the chief law enforcement officer of the agency; and (2) an officer (other than chief law enforce- ment officer) designated by resolution of �. the governing body. i NOTE: To expedite matters so we can get the money back to you as soon as possible after July 1, please ask your governing body (council, commissioners, etc.) to designate a signatory now: 3. Q. When will the money be sent to us? A. The POST Board is required to give applicants 45 days to return the application forms. However, as soon as all applications are received at POST, they will be processed and the money sent out. Please send your application to us in a timely fashion so we don't have to wait the entire • 45 days from July 1. • -OVER- • 4. Q. What must a law enforcement agency do to qualify for reimbursement? A. To qualify for reimbursement, an agency head must affirm on an official POST Board application that during fiscal year 1983 (July 1, 1982 - June 30, 1983): (1) the department made 16 hours of POST-approved continuing education available to each peace officer or constable for whom reimbursement is requested. • (2) the department has employed each of the above represented officers for at least eigE months of the fiscal year. (3) the department promises to maintain all documents supporting the affirmation. 5. Q. May more than one agency receive reimbursement for the same peace officer or constable? A. No. If a licensee is employed by more than one agency, the Executive Director will determine which agency will receive the reimbursement monies. 6. Q. Will part-time peace officers or reserve peace officers qualify for reimburse,ent funds? A. No. Only licensed peace officers and constables are required to acquire continuing education credits. 7. Q. Who actually gets the money? A. The local units of government will receive the check and it is to be used exclusively for reimbursement of the cost of in-service training. If you have any further questions about reimbursement, please contact the Board's Continuing Education Unit at (612) 297-2356. 5/15/83 9 6() CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-83 . AN ORDINANCE DF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS DF LAND IN EACH DISTRICT, AND, ADOPTING 8Y REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CDNTAIN PENALTY PROVISIDNS THE CITY COUNCIL OF THE CITY DF EDEN PRAIRIE, MINNESOTA, ORDAINS:. Section 1. That the land which is the subject of this Drdinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Public-Planned Unit Development 2-83 District (hereinafter "PUD 2-83"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , 1983; entered into between Pax Christi Catholic Community slid the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 2-83, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 2-83 is not in conflict with the goals of the Guide Plan of the City. 1 B. PUD 2-83 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in PUD 2-83, are justified by the design of the development described therein. D. PUD 2-83 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the Public-Planned Unit Development 2-83 District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its 961 passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ATTEST: John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of . • ( • Exhibit A That part of the Northeast Quarter of the Northwest Quarter lying East of the West 110 feet of the Northeast Quarter of the Northwest Quarter lying North of the South 324.57 feet thereof, except road, all in Section 26, Township 116 North, Range 22 West of the 5th Principal Meridian. Pax Christi Catholic Community DEVELOPER'S AGREEMENT--PUD 2-83 THIS AGREEMENT, made and entered into as of , 1983 . by and between Pax Christi Catholic Community, a Minnesota non-profit Corporation, hereinafter referred to as "Owner," and, the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City," WITNESSETH: WHEREAS, Owner has applied for to City for rezoning and the creation of a planned unit development district, and preliminary platting of approximately 38.0 acres of land, more fully described in Exhibit A, attached hereto and made a part hereof, situated in Hennepin County, State of Minnesota, and hereinafter referred to as "the property;" and, WHEREAS, Owner desires to develop the property to include 25 acres for use as a church site and 13 acres for park land, to be located at the northwest corner of County Road #1 and Homeward Hills Road extension, per plans and written materials dated February 21, 1983; NOW, THEREFORE, in consideration of the City adopting Ordinance No. 9-83 and Resolution No. 83-71, Owner covenants and agrees to construction upon, development, and maintenance of the property as follows: • • 1. Owner shall plat and develop the property in conformance with the material dated February 21, 1983 reviewed and approved by the City Council on April 19, 1983 and attached hereto as Exhibit 8, subject to such changes and modifications as provided nerein. Owner shall not develop, construct upon or maintain the property in any other 9 a Ll Pax Christi Catholic Community Developer's Agreement Page 2 C respect or manner than provided herein. 2. Owner covenants and agrees to . the performance and observance by Owner at such times and in such manner as provided therein of all the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to submission of Final Plat, Owner agrees to submit plans regarding sewer, water, and drainage for the property to the City Engineering Department for review and obtain the City Engineering Department's approval thereof. • 4. Prior to building permit issuance, Owner agrees to submit the following to the City for review and obtain the City's approval thereof: a. A signage plan in conformance with City Code requirements to the Director of Planning. h. A landscape/scrooning plan accomplishing the following criteria per City Code requirements to the Director of r Planning: 1. Development shall not visually encroach upon the creek corridor or slopes. 2. Parking areas shall be screened from the creek corridor. c. Plans which are to be submitted to the Watershed District for review and approval. Plans for any oil skimming device required by the Watershed District shall be reviewed and approved by the City Engineering Department. 5. Owner shall convey by Warranty Deed, or through final plat, that part of the property shown as Park on Exhibit B, to the City immediately upon filing of the plat and prior to issuance of any building permits for construction on the property. Owner shall not grade, or permit, or cause to occur, any construction upon said Park area. 6. Owner shall construct upon the property, an 8 ft. wide bituminous path along the west side of Homeward Hills Road to the north church • site property line and grade a 10 ft. wide pad for future • continuation of the path to within 50 ft. of the creek normal high p water mark, which shall be included in the City's road contract for Homeward Hills Road. 7. Owner shall not create radio interference, nor provide lighting which would influence the manuevering of aircraft at Flying Cloud Airport. Dwner shall meet FAA standards which apply. 8. In implementation of Planned Unit Development 2-83 and as variance from certain requirements imposed by City Code, Chapter 11, City q.> Pax Christi Catholic Community Developer's Agreement Page 3 authorizes: a. Use of wood as an exterior material for the structure. b. A 10 ft. height variance for the church structure to 40 ft. • 9. Owner shall comply with the recommendations of the Hennepin County • Department of Transportation regarding access and right-of-way requirements and obtain the necessary approvals therefor from Hennepin County for construction on the property in the vicinity and in the right-of-way of County Road #1. 10. Owner agrees to the construction of Homeward Hills Road in accordance with the 100% petition, included as Exhibit D, attached hereto and.made a part hereof. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. • • CITY OF EDEN PRAIRIE • Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983 by Wolfgang H. Penzel, the Mayor and Carl J. Jullie, the City Manager of the City of Eden Prairie, a Minnesota Municipal corporation on behalf of the corporation. Notary Public a74 Pax Christi Catholic Community Developer's Agreement Page 4 PAX CHRISTI CATHOLIC COMMUNITY Father Timothy Power . STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983, by Father Timothy Powers, the of Pax Christi Catholic Community, a Minnesota non-profit corporation, on behalf of said corporation. • Notary Public • • • q,n d r• • • Exhibit B • • �,�, t rl •,ter: er \ , s)• /.�... \ .1 ,n.,nn.:�.l /1 / 1 i 0, /,/, ,, i,7%,21,/, '///7,, / --) ,'i/,/,,:71,, ,7.,'" , '''F.___..__wr..r lra• I 1 f ail/ i. './ • / I \ . 1 71'1 i / //„'.i /�� G,''-teri, //,, ,,7,;,,,,,,,, Iii 1 ' ~f 1 / f r J '/ :\\,,7\\ ...,./:,/,./(,::..:/:.:.„tilS__,.. ,,.; J • i ,rp, of (r. .,.. ... y,fiv,,, , z.,,?,„:.:...).4 li %11i ?/,/ /l f ;`!::,•.�r(.Y.111 �,;.'1�ij1:�\ i IIIi+llii Iliii/1 et ` '.',•1 II 'fI�� , i 1 `'I�1 'I� 1 •- ` Ii /III;1 ,F r l .-( i. 11 -t-•:r, 1 is •�. �� t 1 I ii'1 Mq ' I 1 I IIl III ; e • ' '''' , ''').1.:-:.--i"--'.-.1,1 :..-1.,,,, „._. -*, \7 11 1 1, )//1„,',/,,/,..'d 1;1 / 1 , bl ,J' _ ,'�J it y 1. 0 I''i i 1 ' :i'1 •/ / I ---▪--„,..) ) 1 Ir'i_/tom /�• G� '�• ,/ t i % i•t 1 I e / .,•. • 1�1ir ,✓�II \/� ' III 1.i l/ 1 I`� \ '\ -.�' t `�`I,'�.� —' II `�,, ,, .% 4�l� I !/\ / I , I>LJ� i ., :i , 1_/ _ ' 1. . I 11,,,I, wl,,.)1„ it I" � 74�' ' /� /A ij,1 I,J ' /�/" f��<� .,�▪l� 1!'I�_.;�r ;x _,—I f'',, / i 1 �1 w f r��l LZ• TVIits�7 t l I d�1_U't../ 1- %� ' 'L 1 al : :O r:; ti • .2 1 'r it I I N N . Exhibit D CITY OF EDEN PRAIRIE, MINNESOTA • 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: • • The undersigned are all the fee owners of the 'real property described 1 below and herein petition for the Eden Prairie City Council to proceed with making the following described i.mprovemens: ' (General Location) , X Sanitary Sewer ,FfE Ar?acNEo Pe_an) _X Watermain SEE Arr4e.ere AA"; .— x •Storm Sewer SiE ArrAcLCZ) w�J/ Pc • . •X Street-Paving �Iow D Iy 1EiIA4lu,.s�gp {('lAN/—.SIX%tre7w) • y Other Sir .Sio61✓QL,/x'i/'Er,a1 Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and ( agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We further understand that the ... preliminary, estimated total cost for the said improvements is/7 7 yoo Street Address or other Legal Names and addresses of Petitioners Desorption of PProper tY7��/to be Served (Must be owners ////Y)fof record)��//•��' _C144�/��J CJiii ' — _ _./ J '/-{/-"- 7——V—i=Y• V Vvr . __ ( i\- • •� '+ . •\/--., ,,"1 ., . / 1 \ ;/ : ' _SEc_Are"az^-'moo-._.Pert.,m,� Fs ,,61 Asss Ms.rr P•G�C rr9,/9S1J C17�r_Q1f1.. �r� f{a?± 0) (For City Use) Date Received•__APZIL_ $,/983 ))// Project No _S?-9.33_.____-_-_ ')H rno ,i1 .rnnsiucratiyn / Peg_ LC.1cB __—c--- • Pax Christi Church CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-127 • A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 9-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY • WHEREAS, Ordinance No. 9-83 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the day of 1983; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: ' A. That the text of the summary of Ordinance No. 9-83, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 9-83 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein. within 20 days after said publication. ADOPTED by the City Council on , 1983. Wolfgang H. Penzel, Mayor ATTEST: Tohn D:crane, CTty Clerk 990 Pax Christi Church • The following is the full text of the City of Eden Prairie Ordinance No. 9-83, which k. was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on , 1983. Following the text of the Ordinance, the Developer's Agreement, which is incorporated therein by Section 5 of the Ordinance, is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-83 • AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Sartinn ?. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Public-Planned Unit Development 2-83 District (hereinafter "PUD 2-83"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , 1983, entered • into between Pax Christi Catholic Community and the City of Eden Prairie (hereinafter "Oeveloper's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 2-83, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 2-83 is not in conflict with the goals of the Guide Plan of the City. • ' B. PUD 2-83 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in PUD 2-83, are justified by the design of the development described therein. D. PUD 2-83 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the ( Public-Planned Unit Development 2-83 District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. ,:j:-)( Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of . ATTEST: • John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of . i 3 ( Summary of Developer's Agreement: Pax Christi Catholic Community i Developer will develop the land as described in Exhibit A which is attached i to and incorporated in the Developer's Agreement. In addition, the Developer's Agreement provides for: 1 • 1. Submission of plans regarding sewer, water, and drainage to Engineering ) Department. 2. Submission of signage plan in conformance.with City Code. a 3. Submission of a landscape/screening plat showing development shall not ' visually encroach upon creek corridor or slopes and that parking areas shall i be screened.from the creek corridor. 4. Plans submitted to the Watershed District for any oil skimming device to be reviewed by the City Engineering Department. 5. Conveyance of Park area as depicted on Exhibit B to City. • i 6. Construction of 8 ft. wide bituminous path along the west side of Homeward Hills Road to tc north n r churchs� i�c yi vFcl b, 1;.., and grading of a 10 ft. wide pad for continuation of path to within 50 ft. of the creek normal high water mark. ( 7. Compliance with all applicable FAA standards, in particular, no radio interference, nor provision of lighting which would influence the manuevering of aircraft at Flying Cloud Airport. 8. Variances to allow use of wood as exterior material and 40 ft. height, 10 ft. greater than allowed by City Code, for church structure. i 9. Construction of Homeward Hills Road in accordance with 100% petition, Exhibit D. a 10. Submission to the City Engineer of a development Plan for the land. d t 11. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 1 12. Developer's warranty of title to the land. 13. Construction and maintenance of public improvements which are to be conveyed to the City as well as preservation and restoration of areas surrounding said improvements. Submission of a bond or letter of credit to ensure the quality of said construction, maintenance, preservation, and restoration. 14. Rough grading to be performed by the Developer for improvements which the City will construct pursuant to 100% petition of all owners of the land. Submission of a bond or letter of credit for the rough grading. 15. Payment of first three (3) years' street lighting, engineering review, and street signs costs. 16. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 17. Application of the Developer's Agreement to transferees of the land. 18. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 19. Notice to the City's cable franchise. NOTICE: A printed copy of this ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. ADOPTED by the Eden Prairie City Council on , 1983. John D. Frane, City Clerk Wolfgang H. Penzel, Mayor 9au • • June 7, 1983 j CITY OF EDEN PRAIRIE ( HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 83-123 • • A RESOLUTION APPROVING FINAL PLAT OF PAX CHRISTI ADDITION WHEREAS, the plat of Pax Christi Addition has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF .EDEN PRAIRIE: A. Plat Approval Request for Pax Christi Addition is approved _ upon compliance with the recommendation of the City Engineer's Report on this plat dated May 27, 1983. ( • B. That the City Clerk is hereby directed to file a certified copy of this.trar ofs Titles nfor theirf use e asfrequir the Register in ebyMSAf462.358 Deed r,dSubd. 3. . • t, That the City Clerk is hereby directed to supply a certified copy of this.Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute • the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on June 7, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D Frane, CTerk • CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT 3 TO: Mayor Penzel and City Council Members 1 THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works • FROM: David L. Olson, Engineering Technician 140 • DATE: May 27, 1983 1 SUBJECT: PAX CHRISTI ADDITION r , PROPOSAL: {1 The owners, Pax Christi Catholic Community, has requested City Council approval of the final plat of Pax Christi Addition, a 38 acre site located north of Pioneer Trail (County Road #1) and west of the proposed Homeward Hills Road extension in the North half of Section 26. A church is to be constructed upon approximately 25 acres of the site (Lot 1, Block 1) and the remaining 13 acres (Outlots A and B) will be dedicated • for park purposes. HISTORY: ( Final reading by the City Council of Ordinance No. 9-83, zoning the property to Public, is scheduled for June 7, 1963. • The preliminary plat was approved by the City Council on April 19, 1983, per Resolution 83-71. f The Developer's Agreement referred to within this report is scheduled 1 for execution on June 7, 1983. VARIANCES: Variances to be allowed are described in the Developer's Agreement. f • All other variance requests must be processed through the Board of Appeals. ' UTILITIES AND STREETS: 1 The utilities, roadway and walkway needed within the right-of-way of Homeward Hills Road, will be installed through a City Improvement Contract. 1 All utilities and roads within the site must be reviewed and approved by the Building Department and Fire Marshal. • Additional right-of-way requested by Hennepin County has been dedicated on the plat. Any dccess revision or construction of berms, utilities or walkways within County right-of-way must be done under proper County permits. PARK DEDICATION: The areas shown as Outlots A and 6 are to be dedicated to the City via Warranty Deed for park purposes. Delivery of recordable Warranty Deeds to the City must be done prior to release of the final plat. Pg. 2, Final Plat Pax Christi Addition • May 27, 1983• BONDING: The requirements for Bonding are covered in the Developer's Agreement. RECOMMENDATION: i Recommend approval of the final plat of Pax Christi Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of cash fee for street lighting in the amount of $1,355.40. • 2. Receipt of Warranty Deeds for Outlots A and B. 3. Satisfaction of Bonding requirements. DLO:sg • • • • • • • • • aa1 May 26, 1983 Mr. Eugene A. Dietz, P.E. Director of Public Works City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: SANITARY SEWER, STORM SEWER, WATERMAIN • AND STREET IMPROVEMENTS LAVONNE INDUSTRIAL PARK I.C. NO. 52-048 RCM FILE NO. 831008 Dear Mr. Dietz: Bids were taken on May 26, 1983 at 10:00 A.M. for the above referenced project. The low bid for the project was submitted by Northdale Construction Co., Inc. in the amount of $296,973.25. This is approximately four percent below the engineer's esti- rteke mated construction cost of $310,000. A summary of the eight rrroll bids received is attached. alter associates,Inc. The low bidder is a reputable contractor, currently working on architects engineers Eden Prairie improvement projects. We therefore recommend planners awarding the contract to Northdale Construction Co., Inc. landscape architects land surveyors. laboratory services Very tr ly yours 11111, oyd 0. rlckson RIEKE CARROLL MULLER ASSOCIATES, INC. • LOE:ca Enclosure • 1011 first street south post(Alice box 130 hopkm;:,mh,nesota 55343 612.935.6901 aaY SUMMARY OF BIDS LC. 52-048 DESCRIPTION: Lavonne Industrial Park Sanitary Sewer, Storm Sewer, Watermain and Street Improvements BIDS OPENED: May 26, 1983 10:00 A.M. CONSULTING ENGINEER: Rieke Carroll Muller Associates, Inc. CHECKED BY: BIDDER BID SECURITY TOTAL AMOUNT Northdale Construction Co., Inc. 5% $296,973.25 Midwest Paving & Recycling, Inc. 5% 304,082.50 * G. L. Contracting, Inc. 5% 307,896.88 Arcon Construction Co., Inc. 5% 313,378.75 Progressive Contractors, Inc. 5% 321,028.60 F. F. Jedlicki, Inc. 5% 325,213.00 ` Barbarossa & Sons, Inc. 5% 328,449.50 * 1 Latour Construction Co., Inc. 5% 333,066.15 * The undersigned recommend award of Contract to: * Corrected total. Northdale Construction Co., Inc. i. as the lowest responsible bidder for this Improvement Contract. Consulting Engi cer Eug ne A.Dietz,P... RI EKE CARROLL MULLER ASSOCIATES, INC. Director of Public Works/City Engineer `1 tJ L CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 83-115 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 52-048. lavonne Industrial Park Sanitary Sewer, Watermain, Storm Sewer and Street Improvements bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids;and WHEREAS,the City Engineer recommends award of contract to Northdale Construction Co., 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 Northdale Construction Co., Inc. in the name of the City of Eden Prairie in the amount of $296, 973.25 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 June 7, 1983 Wolfgang H.Penzel,Mayor ATTEST: SEAL: John D.Franc,Clerk UUU • TO: Mayor and City Council Members • THROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, P:E. Director of Public Works DATE: June 2, 1983 • RE: Self-propelled Roller Project #52-050 Bids were opened on June 2 for the purchase of a steel wheeled self-propelled roller for use in the street division of the Public Works Department. Four bids were received as tabulated below: BIDDER TOTAL BID AMOUNT 1. Airpower $21,840. 2. Ruffridge-Johnson (New) $23,990. (Alternate Bid - Used Equipment) ($19,500.) 3. Ziegler (Used) $28,500. The 1983 budget contained an amount of $20,000 to purchase a roller for compaction of asphalt in our maintenance program. Although one bid for a used roller was under that budgeted amount, a new machine is only slightly higher in cost than the budget amount. The Ruffridge-Johnson used machine apparently has low hours, but I am told that the hour meter was "broken" and no hours show at present. Since the prices are close, and we did specify a new machine, I recommend that the bid be awarded to Airpower Equipment • Corporation in the amount of $21,840. EAD:sg TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: June 1, 1983 RE: Modification to the M.I.D.B. for Valley Place Office Associates - $1,200,000 - Resolution No. 83-104 Valley Place Office Associates are requesting the City's approval for a modification of their interest rate from 15% to 12% from now until December 1, 1984. The City Attorney's office has approved the necessary documents. Resolution No. 83-104 is attached for your consideration JDF:bw 6/1/83 • IUU.2 C RESOLUTION NO. d3 RESOLUTION APPROVING LOAN MODIFlICATION AGREEMENT AND AMENDMENT TO MORTGAGE (VALLEY PLACE OFFICES ASSOCIATES COMMERCIAL REVENUE BOND PROJECT) WHEREAS, the City has issued its Commercial Development Revenue Note dated November 25, 1981 in the amount of One Million Two Hundred Thousand Dollars ($1,200,000.00) (the "Note"), in order to finance the acquisition of certain real property and the construction and equipping thereon of certain office building improvements on behalf of Valley Place Offices Associates, a Minnesota partnership (the Borrower); WHEREAS, the Note was purchased by Maino-Max Company, a Minnesota partnership (the Lender), on November 25, 1981; WHEREAS, the City loaned the proceeds of the Note to Borrower pursuant to a Loan Agreement dated November 25, 1981 j (the "Loan Agreement"), and the City's interest in the Loan Agreement was assigned to Lender by an Assignment of Loan Agreement, dated November 25, 1981 (the "Loan Agreement"); WHEREAS, interest on the outstanding principal balance , of the Note is due and payable on certain dates and at certain rates, as specified in the Note and, in order to reduce the Borrower's current debt service payments under the Loan Agree- ment, the Borrower and Lender have requested that the City consent to a deferral of certain interest payments and modify the Note and other loan documents accordingly; and !w3 �:_ f WHEREAS, to accomplish the foregoing, a "Loan Modification Agreement and Amendment to Mortgage", dated February 1, 1983 (the Modification Agreement) has been prepared and submitted to this Council. NOW, THEREFORE, DE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that the Modification Agreement is hereby approved and the Mayor and City Manager are authorized to execute the same on behalf of the City. Adopted this day of June, 1983.ireLJ l CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIDN 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY DF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is. the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-13.5 District and be placed in the R1-9.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the R1-13.5 District and shall be included hereafter in the R1-9.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dates as of , entered into between Dellwood Associates, a general partnership, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6: This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , and finally read and adopted and ordered-published at a regular meeting of the City Council of said City on the day of ATTEST: • John D. Frane, City Clerk Wolfgang H. Penzel, Mayor . PUBLISHED in the Eden Prairie News on the day of S. • Exhibit A REZONING TO R1-9.5 • Thai part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 116, Range 22 West of the 5th Principal Meridian described as follows: Beginning at the northeast corner of said Northeast Quarter of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 26 minutes 13 seconds West, along the north line of said Northeast Quarter of the Southwest Quarter, a distance of 916.04 feet; thence South 18 degrees 03 minutes 47 seconds East a distance of 388.0 feet; thence South 82 degrees 36 minutes 13 seconds West a distance of 193.00 feet; thence South 7 degrees 23 minutes 47 seconds East a distance of 116.71 feet; thence southerly, a distance of 238.72 feet, along a tangential curve concave to the west having a radius of 945.44 feet and a central angle of 14 degrees 28 minutes 02 seconds; thence South 7.degrees 04 minutes 15 seconds West, tangent to said curve, a distance of 200.70 feet; thence southerly, a distance of 122.39 feet, along a tangential curve concave to the east having a radius of 255.00 feet and a central angle of 27 degrees 30 minutes 00 seconds; thence southeasterly, a distance of 117.68 feet, along a compound curve concave to the northeast having a radius of 145.00 feet and a central angle of 46 degrees 30 minutes 00 seconds; thence easterly a. distance of 131.25 feet, along a compound curve concave to the north having a radius of ( 320.00 feet and a central angle of 23 degrees 30 minutes 00 seconds; thence North 89 degrees'34 minutes 15 seconds East, tangent to the last described curve, a distance of 31.00 feet; thence easterly, a distance of 125.84 feet, along a tangential curve concave to the north having a radius of 210.00 feet and a central angle of 34 degrees 20 minutes 00 seconds; thence North 55 degrees 14 minutes 15 seconds East, tangent to the last described curve, a distance of 67.00 feet; thence South 47 degrees 18 minutes 16 seconds West a distance of 170.00 feet, to the south line of said Northeast Quarter of the Southwest Quarter; thence North 89 degrees 34 minutes 15 seconds East, along said south line, a distance of 546.06 feet, to the southeast corner of said Northeast Quarter of the Southwest Quarter; thence North 0 degrees 41 minutes 31 seconds West, along the east line of said Northeast Quarter of the Southwest Quarter, a distance of 1323.67 feet, to the point of beginning. PRELIMINARY PLAT That part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 116 North, Range 22 West of the 5th Principal Meridian which lies easterly of the recorded plat of LOCHANBURN, except that part described as follows: Beginning at the northeast corner of said recorded plat of LOCHANBURN; thence east, along the easterly extension of the north line of said plat, a distance of 110.00 feet; thence ,. south, at a right angle to said easterly extended line, a distance of 200.00 feet; thence west, at a right angle, a distance of 110.00 feet, to the southeast corner of Lot 1, Block 1 in said plat; thence north, along the east line of said Lot 1. a distance of 200.00 feet, to the point of beginning. • L)0(0 Dellwood--Tandem/TCF DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1983, by and between Dellwood Associates, a general partnership, hereinafter referred to as "Owner," and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Owner has applied to City for preliminary platting of approximately 36.0 acres, and for rezoning of approximately 27.0 of said 36.0 acres from R1-13.5 to R1-9.5, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and hereinafter referred to as "the property," and; WHEREAS, Owner desires to develop the property as 90 single family detached lots on said 27.0 acres and 9.0 acres as two outlots and open space park area to be dedicated to the City, totalling 36.0 acres, based on plans dated December 16, 1982, March 17, 1983, and March, 1983; NOW, THEREFORE, in consideration of the City adopting Ordinance No. 16-83 and Resolution #83-92, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the materials dated December 16, 1982, March 17, 1983, and March, 1983, reviewed and approved by the City Council on May 3, 1983, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants. agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to release of the final plat, Owner agrees to submit to the IU()'1 City for review, and obtain the City's approval of the following: A. To the City Engineering Department: 1. Detailed information regarding sewer main, water- main, and storm sewer calculations to include at least the following information: a. Looped watermains to Harrogate Drive from • Dellwood Circle and Dellwood Drive cul-de- sacs. b. Hydrant locations which meet the 300 ft. maximum distance between hydrants require- ment of the City Code. c. The grading plan providing flat approach areas on Dellwood Circle and Dellwood Drive adjacent to Dell Road. B. To the Planning Department: 1. A final plat showing that Lots 15, 16, and 17 will be in compliance with the Floodplain and Shoreland requirements of City Code, Chapter li, Subdivision 11.45 and 11.50. 2. A tree inventory indicating the size, type, and location of all trees within the Conservancy Area as depicted on Exhibit B. In addition, a replacement plan for any trees lost within the Conservancy Area to be replaced caliper inch for caliper inch within the Conservancy Area. • 3. Detailed information regarding grading limits, treatment of slopes, vegetation to be saved, areas to be planted, buffering and screening for the Purgatory Creek Conservancy Area. 4. A development plan detailing the surrounding unit type for each lot insuring that there are dissimilar units adjacent, diagonally and directly across from one another. 4. Concurrent with street construction, Owner shall construct a five ft. wide sidewalk placed along the south and west sides of Harrogate Drive and along the south side of Dellwood Drive, and an eight (8) ft. wide asphalt trail at the northwest corner of the property, adjacent to the eastern boundary of the neighboring Lochanburn Addition, beginning on the north side of the right-of-way for Harrogate Drive and extending northerly to the north boundary of the property, both as depicted in Exhibit B, according to the specifications of the City. • • / 5. Owner shall dedicate Outlots A, B, the open space in the southwest l corner of the property, and a 20 ft. wide strip of land for trail purposes, at the northwest corner of the property, adjacent to the eastern boundary of the neighboring Lochanburn Addition, beginning on the north side of the right-,of-way of Harrogate Drive and extending northerly to the north boundary of the property, as depicted on Exhibit B, through Warranty Deed or final plat, to the • City as a density transfer. IN WITNESS WHEREOF, the parties to this Agreement have caused these • presents to be executed as of the day and year aforesaid. CITY OF EOEN PRAIRIE • Wolfgang H. Penzel, Mayor •Carl J. Julie, City Manager 1. STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1983 by Wolfgang H. Penzel, the Mayor and Carl J. Jullie, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public DELLW000 ASSOCIATES • By James Ostenson, President • Tandem Corporation, Partner By Lyle Nash, Vice President • TCF Development Corporation, Partner STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 1983, by James Ostenson,. President of Tandem Corporation, partner, and Lyle Nash, Vice President, TCF Development Corporation, partner, on behalf of the Dellwood Associates, a general partnership. Notary Public • • is !(il(1 -A I , s',, ',:$y'l. 7 I / ( Exh lb • r c^`'r'_,y Jam% r // . ., ..`\ o Ji ( ; I ci! :•'/)\„/ V '• • 4' \v,•, '5 A '‘ / 1 "\ \ . . 51 \\,. , Avf-s �It"fl:,''1!' 2 1, .A3 .1 �,l �,9•., 1,-,qr1 ... '`•. .' .'--;:'.:---T-''',.' ...s.' —,... • .1'; •'''' -•—4 ‘4-- • '''---• / -13=_Ifir-•-i- -1.--)?\. ,e-\--,- .- ''''''''.' . , .' • ry,x ear, j ;��.:�� 4 j'. „I+..�. :'/ 39 r 3g / .ib /l1`' v t I ,-o. J �YI — I �' ` �✓ sir. I 1 19 `;� / jiY a 1 \\;: , ••----� d ..,..--1 �!wn 25 3 41 ' i / \•, \r, I', /; Pk 1 it '16 ^\. 4 �. ° c:ro.. r 1 s.r, . 1i Li I' !:i. , I�: sue ,r I. �- .a'• • .a 1 ,—1 1 �; : //,'..�I\ i {�wi ne,�n FI 000''''''.1,, 1• r—_l., .IIIl 'f, '.'°6``r � I • Il l r r�r, $I \�2 M n27`, \ INYI 1 r . o 1 11 1,Iw /l / Tom- .I 2�'o s.rt PIS o' 7 yyy I� I 1/ S i f 1 1' 1F 8 SI° '2- _11 1� 1�y ~3 "Ms�.I]I / u r 4 5 .� i L I tP 1- r.w6 , � �\� � �J�tLl� //"'',�I q - /•i r)`1"°` �I 1- _ ''Y__ 1 rr I I" r—i 2 ' 1 1 gno8,, F ' Qr �• -77"-,_ J 1 •''.- 1 2. it 1 I 1 •.i ;___ a7;� _1. I' I 1 1 � If A u.r N;� 131 I .I r 6 hw---. — 777 %1 II II I ✓/-7 ,-, rosa,.,r li 1 't-- ., L. woos,.• 51 ..06 r,' .ge,us,rl q .;i f 1 iV ' - 1 1 I.//7 9°° ill \t•— 1 ..."1 ' I-F---T---- 1 L �DELLW _LQHEr` '-'.,.' N'n, f i o Ai ,�'. ^' i•1' �_ R!_-_.. n..00 11 '--:-e-- :e-'f- '>a �yj` 16 , i i .- I r� �,"° ^ - I {O III ' j'I' r -• 13 t _ "..,°•..'' I „1r I la 3 1/12" 1 3 �. `'I' /; I Y I — -—'—�7 17 �'sr , u n I•tua• a.,al-.wo%•n 41 9 ne syn 1 �s!a:/ 8 1,I I� I6 �r %'er1 ��i, �41_ L "r.L_ I A� „ I O'' Y J y D =A� • `1. i 'F' i ,,•';13 s,i. !Ifp((J//)/pY9" !` I lf * 43'XT4L r. '-'`•+. l� L Woo M RI rr-- i �. s s H ii• "+ -7i, b 11Rn x �. ' 9 4. Y / 1 ( pl l ;I I 16 17 "I,,,!,''„ i,,)/ , ..-1 , yam • -;�...r =i- ... _ • L . /, , 1 .... ''''"'' ./ i'.\\. ( ;,. ; __-7--r---..7"i:.-'.;.' ------ . ------.. .. 04'. [,,,,, \\ ;a, \• �P` Sic kwllk' \. ;) \\ \ • _—'ASptnalt Path I \ \ K/23Conservatncy Area, 101 • Dellwood CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. B3-126 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 16-B3 AND ORDERING THE • PUBLICATIDN OF SAID SUMMARY • WHEREAS, Ordinance No. 16-B3 was adopted and ordered published at a regular • meeting of the City Council of the City of Eden Prairie on the day of , 1983; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: • A. • That the text of the summary of Ordinance No. 16-B3, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in CMinn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance • shall be posted in the City Hall. • D. That Ordinance No. 16-B3 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, + _ within 20 days after said publication. ADOPTED by the City Council on , 19B3. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk IUI� • Dellwood ( The following is the full text of the City of Eden Prairie Ordinance No. 16-83, which was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on , 1983. Following the text of the Ordinance, the Developer's Agreement, which is incorporated therein by Section 5 of the Ordinance, is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-83 AN ORDINANCE DF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZDNING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADDPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIDN 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject' of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-13.5 District and be placed in the R1-9.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the R1-13.5 District and shall be included hereafter in the R1-9.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dates as of , entered into between Dellwood Associates, a general partnership, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ATTEST: John 0. Frane, city Clerk— Wolfgang enze , Mayor PUBLISHED in the Eden Prairie News on the day of . L)int Summary of Developer's Agreement: Dellwood Developer will develop the land as described in Exhibit A which is attached to and incorporated in the Developer's Agreement. In addition, the Developer's Agreement provides for: . 1. Submission of plans regarding sewer, water, and drainage to Engineering Department. 2. Submission of plans showing Lots 15, 16: and 17 will be in compliance with Floodplain and Shoreland Regulations of City Code to the Director of Planning. 3. Submission of a tree inventory indicating size, type, and location of all trees within the Conservancy Area as depicted on Exhibit B. In addition, a replacement plan for any trees lost within the Conservancy Area to be replaced caliper inch for caliper inch within the Conservancy Area. Both plans to be submitted to the Director of Planning. 4. Detailed information regarding grading limits, treatment of slopes, vegetation to be saved, areas to be planted, buffering and screening for the Purgatory Creek Conservancy Area to be submitted to the Director of Planning. ( 5. Submission of a Development Plan detailing the surrounding unit type for each lot, insuring that there are dissimilar units adjacent, diagonally and directly across from one another, to the Director of Planning. 6. Construction of a five ft. wide sidewalk along the south and west sides of Harrogate Drive and along the south side of Dellwood Drive. Also, construction of an eight ft. wide bituminous trail at the northwest corner of the property, adjacent to the eastern boundary of the neighboring Lochanburn Addition, beginning on the north side of the right-of-way for Harrogate Drive and extending northerly to the north boundary of the property. 7. Conveyance of Outlots A, B, and the open space in the southwest corner of the plat, as well as a 20 ft. wide strip of land for trail purposes, at the northwest corner of the property, adjacent to the eastern boundary of the neighboring Lochanburn Addition, beginning on the north side of the right- of-way of Harrogate Drive and extending northerly to the north boundary of the property. 8. Submission to the City Engineer of a development Plan for the land. 9. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 10. Developer's warranty of title to the land. 11. Construction and maintenance of public improvements which are to be conveyed to the City as well as preservation and restoration of areas surrounding said improvements. Submission of a bond or letter of credit to ensure the quality of said construction, maintenance, preservation, and restoration. 101 LI 12. Rough grading to be performed by the Developer for improvements which the City will construct pursuant to 100% petition of all owners of the land. Submission of a bond or letter of credit for the rough grading. 13. Payment of first three (3) years' street lighting, engineering review, and street signs costs. 14. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 15. Application of the Developer's Agreement to transferees of the land. 16. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 17. Notice to the City's cable franchise. '- NOTICE: A printed copy of this ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. ADOPTED by the Eden Prairie City Council on , 1983. John D. Frane, City Clerk Wolfgang H. Penzel, Mayor i.. • • • • ::,„. . June 7,.1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ( :RESOLUTION NO. 83-124 • • A RESOLUTION APPROVING FINAL PLAT • . OF DELLWOOD WHEREAS, the plat of Dellwood • has been sub- • mitted in the manner required for'{ilatting land 'ender the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the'regulations and requirements of the laws of the State.of Minnesota and ordin- ances of the City of Eden Prairie. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUIlCIL OF THE CITY OF .EDEN PRAIRIE: . . A. Plat Approval Request for Dellwood is approved _ upon compliance with the recommendation of the City Engineer's Report on this plat dated May 31, 1963. That the City Clerk is hereby directed to file a certified copy of l B. this resolution in the fiefr the theiRegister by rSof Ded 4Deed5and/or/ord.egis- trar of Titles for their use as 3. C, That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. . D. That the Mayor and City Manager are hereby authorized to Execute • the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on June 7, 1983.- Wnlfigeng H. Penzel, tayor • — ATTEST: • • SEAL John D. Frame, Clerk r - nth • CITY OF EDEN PRAIRIE • ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members • THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works((� FROM: David L. Olson, Engineering Technician PAP. DATE: May 31, 1983 SUBJECT: DELLWOOD PROPOSAL: The developer, Dellwood Associates, has requested City Council approval of the final plat of Dellwood, a 90 lot single family residential plat (RI-9.5) located in the South half of Section 6 east of Lochanburn Addition and west of Dell Road. The total site contains approximately 36 acre. of which upplux1mytely 27 acres will be platted into the single family section and approximately 9 acres will be dedicated to the City as open space park (Outlots A, B and C). HISTORY: The preliminary plat was approved by the City Council on May 3, 1983, ' per Resolution 83-92. • Second reading of Ordinance 16-83 zoning the property to RI-9.5 is scheduled for June 7, 1983. The Developer's Agreement referred to within this report is scheduled for execution by the City Council on June 7, 1983.• VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities will be installed throughout the development in conformance with City standards and the requirements of the Developer's Agreement. PARK DEDICATION: Warranty Deeds conveying the ownership of Outlots A, B and C to the City must be submitted prior to release of the final plat. Other requirements for park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding arc covered in the Developer's Agreement and must be satisfied prior to release of the final plat. IU1� 1 Pg. 2, Final Plat Deliwood May 31, 1983 RECOMMENDATION: Recommend approval of the final plat of Dellwood subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of fee for City Engineering in the amount of $1,800.00. 2. Receipt of fee for street lighting in the amount of $6,325.20. 3. Second reading of Ordinance 16-83. 4. Execution of the Developer's Agreement. 5. Receipt of Warranty Deeds for Outlots A, B and C. 6. Execution of a special assessment in the amount of the unpaid balance of the special assessments from Dell Road improvements. DLO:sg • • loll • • • • CITY OF EDEN PRAIRIE ( HENNEPIN COUNTY, MINNESOTA• • ORDINANCE NO. 10-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS DF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMDNG OTHER THINGS, CDNTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the RM-6.5 District and be placed in the R1-9.5 District. Section 3. That the proposal is hereby adopted and the land shall be, an hereby is removed from the RM-6.5 District and shall be included hereafter in the R1-9.5 District; and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 1% shall be, and are • amended accordingly. • Section 4. City Code Chapter 1, entitled "General Provisions and ( Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dates as of , entered into between Registered Properties Corporation, a Minnesota Corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. • Section 6. This Ordinance shall become effective from and after its passage and publication. {. FIRST READ at a regular meeting of the City Council of the City of Eden jf Prairie on the day of , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ATTEST: John D. Frraane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of • • • That part of the Southwest Quarter of the Northeast Quarter of Section 10, Township 116, Range 22 lying south of the centerline of County Road No. 39, formerly known as County Road No. 66. Except that part of said Southwest Quarter of the Northeast Quarter described as follows; Beginning at the southwest Corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 0 degrees 01 minutes 15 seconds West along the west line of said Southwest Quar— ter of the NOrtheast Quarter, a distance of 507.17 feet; 1 th 35 .a. 46 minutes 01 seconds East, a dis— tance JVii�I, ..��� ��� tance of 135.00 feet; thence South 83 degrees 34 minutes 58 seconds East, a distance of 181.96 feet; thence North 64 degrees 07 minutes 04 seconds East, a distance of 105.00 7( feet; thence North 50 degrees 13 minutes 31 seconds East, a distance of 224.47 feet; thence North 88 degrees 37 minutes 34 seconds East, a distance of 426.13 feet; thence South 41 degrees 27 minutes 06 seconds East, a distance of 18.63 feet; thence South 0 degrees 29 minutes 14 seconds East, a distance of 566.14 feet to the south line of said Southwest Quarter of the Northeast Quarter; thence North 89 degrees 48 minutes 54 seconds West along said south line to the point of begin— ning. The East 14.5 feet of Lot 22, Auditor's Subdivision Number 225, Hennepin County, Minnesota, lying north of a line drawn at right angles to the east line of said Lot 22 from a point therein dis— tant 597.60 feet northerly of the southeast corner of said Lot 22. • • lr U Valley Curve (Formerly Willow Bend) DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 19B3, by and between Registered Properties Corporation, a Minnesota corporation, hereinafter referred to as "Owner," and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Owner has applied to City for rezoning from RM-6.5 to R1-9.5 and preliminary platting of approximately 37.0 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and hereinafter referred to as "the property," and; WHEREAS, Owner desires to develop the property as 80 single family detached ( lots and an 11.2 acre outlot, based on plans dated February 11, 1983; NOW, THEREFORE, in consideration of the City adopting Ordinance No. 10-83 and Resolution #83-72, Owner covenants and agrees to construction upon, development, and maintenance of the property as follows: { 1. Owner shall plat and develop the property in conformance with the materials dated February 11, 1983 reviewed and approved by the City Council on April 19, 1983, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to release of the final plat by the City, Owner agrees to submit to the City Engineer for review, and obtain the City Engineer's approval of the following: a. A final plat showing all lots meeting the minimum dimensional requirements of City Code. io ( • b. A final grading plan to include flat approach areas on ( Dogwood Drive and Lily Lane at their intersections with County Road 60. • c. A final utility plan linking the watermain from Valley Curve Road to the existing County Road 60 watermain. d. Plans for final sewer main alignment, watermain, and drainage and the potential linking of Valley Curve Road to Mitchell Road. e. A final street plan with cul-de-sacs. designed per the Engineering Department specifications. f. An erosion control plan providing for the steep slopes at the back of Lots 8, 9, 10, 11, and 12, Block 2, as depicted on Exhibit B, to be sodded and staked prior to final grading of the adjacent downhill lots in order. to protect the western lots from sedimentation. 4. Concurrent with construction of the streets on the property, Owner shall construct a five (5) ft. wide concrete sidewalk along the west side of Dogwood nriva as well as an eight (AY ft. wide asphalt path along the south side of County Road 60, both as depicted in Exhibit B. 5. Owner shall convey by Warranty Deed, or through final plat., that- part of the property shown as Outlet A on Exhibit B to the City immediately upon filing of the plat and prior to issuance of any building permits. Owner shall not grade, or permit, or cause to .- occur, any construction upon said Outlot A. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE • Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager 10).2- ( STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983 by Wolfgang H. Penzel, the Mayor and Carl J. Ju11ie, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public REGISTERED PROPERTIES CORPORATION • Duane H. Dietrich, President STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983, by Duane H. Dietrich, President, Registered Properties Corporation, on behalf of the corporation. Notary Public • • 10Z3 Ex1-1'16i1 Ei s o Iz U .�L� io �+ • _ 04 :::: :i:1 1 • / 11 • I .....s_... .-. ::r wi. ''I- i ; )N lA;1. 'l tm ,p,.m e,.m ilo 1 1,- a@ ia,�'-^ :i'��;tr• rj�sssFo ,II - „.1,. 1 T 1! t'! !i= I! T t{! i `i i' to i y i, i::! '♦''' • Z I .1 Y 4 l4r i ! i t } <i�T lil i it + :r�i.l� rn:i' i 2;.o. 4 r ; ' -i ; a OOOMDOO r I . at 3 I �ti t !! O!� 3 .1 e? n + t Y'w J Q ch I I1M •-• �I p •. a..•' I If.,•T it ,/ 1 f•i t t' i% '.11 i 7..� L_.__ i j• t�4 .i •i '`, = N, iF i•i. A�'' IQ.i.N{SIrV{ice{TNZ rli.'4.1 �� 1w 50 rA 1- m' r Ct N N'i' N.li-Y Y 1,'„.r .-.1 ._•J 1. 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W ii!iNr t• lit > �- I(31,0 as -III • • • Valley Curve • - CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-128 A RESOLUTION APPROVING THE SUMMARY • OF OROINANCE 10-83 AND ORDERING THE PUBLICATION OF SAIO SUMMARY WHEREAS, Ordinance No. 10-83 was adopted and ordered published at a regular ' meeting of the City Council of the City of Eden Prairie on the day of , 1983; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EOEN PRAIRIE: - A. That the text of the summary of Ordinance No. 10-83, which is �. attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in 1 - Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. _ 0. That Ordinance No. 10-83 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on , 1983. • Wolfgang H. Penzel, Mayor ATTEST: • John D. Frane, City Clerk • • IUD • Valley Curve The following is the full text of the City of Eden Prairie Ordinance No. 10-83, which was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on , 1983. Following the text of the Ordinance, the Developer's Agreement, which is incorporated therein by Section 5 of the Ordinance, is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA OROINANCE NO. 10-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LANO FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH OISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the RM-6.5 District and be placed in the R1-9.5 District. Section 3. That the proposal is hereby adopted and the land shall be, ( and hereby is removed from the RM-6.5 District and shall be included hereafter in the R1-9.5 Oistrict, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Oefinitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Oeveloper's Agreement dates as of , entered into between Registered Properties Corporation, a Minnesota Corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ATTEST: • John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of 102(, Summary of Developer's Agreement: Valley Curve (Formerly Willow Bend) Developer will develop the land as described in Exhibit A which is attached to and incorporated in the Developer's Agreement. In addition, the Developer's Agreement provides for: 1. Submission of plans regarding sewer, water, and drainage to Engineering Department. 2. Submission of a final grading plan to include flat approach areas on Dogwood Drive and Lily Lane at their intersections with County Road 60. 3. Submission of a final utility plan linking the watermain from Valley Curve Road to the existing County Road 60 watermain. 4. Submission of plans for final sewer main alignment, watermain, and drainage and the potential linking of Valley Curve Road to Mitchell Road. 5. Submission of an erosion control plan providing for the steep slopes at the back of Lots B, 9, 10, 11, and 12, Block 2, as depicted on Exhibit B, to be sodded and staked prior to final grading of the adjacent downhill lots in nrder to protect the western lots from Sedimentation. 6. Construction of a five foot wide concrete sidewalk along the west side of Dogwood Drive, as well as an eight foot wide asphalt path along the south ( side of County Road 60, both as depicted in Exhibit B. 7. Conveyance of Outlot A, as depicted on Exhibit B, to the City at the time of final plat or through Warranty Deed. 8. Submission to the City Engineer of a development Plan for the land. 9. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 10. Developer's warranty of title to the land. 11. Construction and maintenance of public improvements which are to be conveyed to the City as well as preservation and restoration of areas surrounding said improvements. Submission of a bond or letter of credit to ensure the �. quality of said construction, maintenance, preservation, and restoration. 12. Rough grading to be performed by the Developer for improvements which the City will construct pursuant to 100% petition of all owners of the land. Submission of a bond or letter of credit for the rough grading. • 13. Payment of first three (3) years' street lighting, engineering review. and street signs costs. 14. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 15. Application of the Developer's Agreement to transferees of the land. • 16. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 17. Notice to the City's cable franchise. • NOTICE: A printed copy of this ordinance is available for inspection by any person. during regular office hours at the office of the City Clerk. ADOPTED by the Eden Prairie City Council on , 1983. John D. Frane, City Clerk Wolfgang H. Penzel, Mayor • • • • • Ua June 6, 1983 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 83-122 • A RESOLUTION APPROVING FINAL PLAT OF V/,1LLEY CURVE WHEREAS, the plat of Valley Curve • ' has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is. in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF .EDEN PRAIRIE: • _ A. Plat Approval Request for Valley Curve is approved • upon compliance with the recommendation of the City Engineer's Report on this plat dated May 31, 1983. • ( B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- • .trar of Titles for their use as required by MSA 462.35B, Subd. 3. ,• t, That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. I' • D. That the Mayor and City Manager are hereby authorized to Execute • the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on June 6, 1983. ' f Wolfgang H. Penzel, Flayor ATTEST: SEAL • John D. Frane, Clerk • tua9 I i CITY OF EDEN PRAIRIE • ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works p FROM: David L. Olson, Engineering Technician 79lel2 DATE: May 31, 1983 SUBJECT: VALLEY CURVE (formerly Willow Bend) • PROPOSAL: The developer, Registered Properties Corporation, has requested City Council approval of the final plat of Valley Curve, formerly known as Willow Bend. The platted area contains approximately 37 acres to be divided into 80 single family lots .(25.8 acres) and 1 outlot (11.2 acres). The plat is located south of Valley View Road and west of Stewart Highlands in the north half of Section 10. HISTORY: The preliminary plat was approved by the City Council un April 19, 1983, per Resolution 83-72. i ( Second reading of Ordinance 10-83 by the City Council zoning the . property to RI-9.5 is scheduled for June 7, 1983. The Developer's Agreement referred to within this report is scheduled for execution on June 7, 1983. . 1 . VARIANCES: All variance requests must be processed through the Board of Appeals. . UTILITIES AND STREETS: Municipal utilities streets and walkways will be installed throughout the development in conformance with City Standards and the requirements . of the Developer's Agreement. The street names Valley Curve Road and Dogwood Drive conflict with names presently in use. Names approved by the Engineering Department must be submitted and placed on the plat prior to release. • PARK DEDICATION: • The requirements for park dedication are covered in the Developer's Agreement. A Warranty Deed conveying ownership of Outlot A to the City must be submitted prior to release of the final plat. i • BONDING: ; Bonding requirements are covered in the Developer's Agreement. d I(3O • i -, Pg. 2, Final Plat Valley Curve May 31, 1983 RECOMMENDATION: Recomnend approval of the final plat of Valley Curve subject to the a ,. requirements of this report, the Developer's Agreement and the following: 1. Receipt of fee for Engineering in the amount of $1,600.00. 2. Receipt of fee for street lighting in the amount of $4,969.80. 3. Second reading of Ordinance 10-83. 4. Execution of the Developer's Agreement. 5. Receipt of Warranty Deed for Outlot A. 6. Satisfaction of street name changes as requested. DLO:sg • • 1�1 .I • �': June 7, 1983 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 33- 125 RESOLUTION APPROVING FINAU PLAT WESTWOOD INDUSTRIAL PARK ' WHEREAS, the plat of Westwood Industrial Park has been submitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and • WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF • EDEN PRAIRIE:• - A. Plat Approval Request for Westwood Industrial Park is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated May 27, 1983. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. • C. That the City Clerk is hereby directed to file a certified • copy of this Resolution in the office of the Register of Deed and/or Registrar of Titles for their use as required by MSA 462.356, Subd. 3. D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are herby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on June 7, 19B3. • • Wolfgang H. 'Penzel, Mayor ATTEST SEAL • John D. Frane, Clerk • 1U_21 {" CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works( FROM: David L. Olson, Engineering Technician '.x 0. DATE: May 27, 1983 SUBJECT: WESTWOOD INDUSTRIAL PARK PROPOSAL: The developer, Bury and Carlson, Inc. has requested City Council approval of the final plat of Westwood Industrial Park, a 40 acre site located south of County Road No.67 and west of St. John's Wood additions in the North half of Section 3. A final plat of Westwood Industrial Park received approval by the City Council in 1982, but due to the default of the purchaser at that time, the plat was not recorded. The plat presently submitted reflects modifications of lot lines and easements due to development changes. Ownership of Outlot A, which contains a wooded morraine, will be retained by the developer with restrictions for use contained in a conservation easement. Outlot B, which contains a ponding area, and Outlot C will be deeded to the City. • HISTORY: The unrecorded final plat was approved by the City Council on March 2, 1982, per Resolution 82-38. The preliminary plat was approved by the City Council on September 15, 1981, per Resolution 81-188. Zoning of the site to I-2 Park was finally read and approved by the City Council on December 15, 1981, per Ordinance 81-20. The Developer's Agreement referred to within this report was executed on December 15, 1981. A Supplemental Agreement is to be executed on June 21, 1983. VARIANCES: tt All variance requests not covered by the Developer's Agreement must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities and roadways within the plat will be installed through a City Improvement Contract. IU33 Pg. 2, Final Mat Westwood Industrial Park May 27, 1983 • PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. A conservency easement covering Outlot A and Warranty Deeds conveying ownership of Outlots B and C to the City will be necessary prior to release of the•final plat. BONDING: A performance bond or letter of credit as described in item 06 of the Developer's Agreement will be required prior to release of the plat (a $13,000 bond to protect vegetation on Outlot A). All other bonding requirements are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Westwood Industrial Park subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of cash fee for street lighting in the amount of $2,7 0.80. • 2. Receipt of cash fee for street signs in the amount of $280.00. 3. Receipt of preservation easement document covering Outlot A. 4. Receipt of Warranty Deeds for Outlots B and C. 5. Satisfaction of bonding requirements. DLO:sg • June 7, 1983 ( CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-116 RESOLUTION RECEIVING FEASIBILITY REPORT AND.CALLING FOR A HEARING I.C. 52-049 WHEREAS, a report has been given by the City Engineer to the City Council on June 7, 1983 recommending the following improvements to wit: • I.C. 52-049, Shady Oak Road Utilities • • 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 5th day of July, 1983, at 7:30 P.M. at the Eden Prairie City Hall. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. • ADOPTED by the Eden Prairie City Council on June'7, 1983. ;. • Wolfgang H. Penzel, Mayor ATTEST: SEAL • • • John D. Frane, City Clerk 1. I: _ EXTRA WORK ORDER NO. 1 • PROJECT: Valley View Road S.A.P. 181-110-01 & I.C. 51-340A Schooner Boulevard S.A.P. 181-111-02 & I.C. 51-340A Topview Road I.C. 51-340A TO: Richard Knutson, Inc. • You are directed to make the following changes to your contract for the above referenced project. NATURE OF THE EXTRA WORK: Schedule "A" Cost incurred for the enlargement of 6" watermain to a 12" watermain, including all fittings and valves. The change includes all watermain along Duck Lake Road bordering the east edge of Woodlawn Heights Addition, all watermain west of Duck Lake Road along W. 62nd Street bordering the north edge of Woodlawn Heights Addition, and all watermain in the interior of the Woodlawn Heights Addition extending south from W. 62nd Street to the intersection of Whispering Oaks Lane and Cherry Drive; then west along Chcrry Drive to the intersection of Cherry Drive & Cranberry Lane; then north along Cranberry Lane to W. 62nd Street. Costs incurred for this work - $28,829.60 (at unit prices as attached in Exhibit "A"). The above work for Schedule "A" shall be in accordance with plans prepared by Probe Engineering and as approved by the City of Eden Prairie. SUMMARY OF CONTRACT ADJUSTMENTS: Contract Amount Prior to this Change Order $1,998,716.88 Increase Resulting from this Change Order $ 28,829.60 Current Contract Amount Including this Change Order $2,027,546.40 'THE ABOVE EXTRA WORK TS ACKNOWLEDGED: RIEKE C LL MUp. SOCIATES, INC. By .e t/�/� M Date Z.-g5 THE ABOVE. EXTRA WORK IS ACCEPTED: RICHARD 'NUTSON, INC. CITY OF EDEN PRAIRIE, MINNESOTA BY th 1 By Date 1 VP 3 Date . i :: IU Jlo EXHIBIT "A" ITEM UNIT QUANTITY UNIT AMOUNT AMOUNT Ext. 12" D.I.P. Watermain L.F. 2736 7.25* $19836.19 Interior 12" D.I.P. Watermain L.F. 376 7.75* $ 2914.0O 12" Valves EA. 6 417.00* $ 2502.Oh FITTINGS 8-12X12X6 Tees LB. 1600** 1.04 $ 1664.00 1 12X12X12 Tees LB. 285** 1.04 $ 296.40 2- 12" 90° Bends LB. 340** 1.04 $ 353.60 1- 12X12X6 Tee LB. 200** 1.04 $ 208.00 2- 12X12X12 Tees LB. 570** 1.04 $ 592.80 1- 221° Bend LB. 145** 1.04 $ 150.80 2- 12X6 Reducers LB. 300 1.04 $ 312.00 ( TOTAL $ 28829.60 * Price differential between 6" D.I.P. & 12" D.I.P. ** Weight differential between 6" fittings & 12" fittings • • • /U3'1 June 7, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-118 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (i.C. 51-308C) WHEREAS, on behalf of the City Engineer, Bennett-Ringrose-Wolsfeld- Jarvis-Gardner, Inc., has prepared specifications for the following improvement, to wit, 1.C. 51-308C, Valley View Road upgrading (TH 169 to 1494) and Bridge and Ramp Construction (Valley View Road - 1494 Interchange) and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an adver- tisement for bids upon the making of such improvements under such approved specifications. The advertisement shall be published for 3 weeks, shall specify the work, to be done, shall state the bids will be opened at 10:00 o'clock A.M. on Thursday, June 30, 1983, and considered by the Council at 7:30 o'clock P.M. on Tuesday, July 5, 1983, in the Council Chambers of the City Hall, and that no bids will be con- sidered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of• the amount of such bid. ADOPTED by the Eden Prairie City Council on June 7, 1983. Wolgang H. Penzel, Mayor ATTEST: SEAL John D. frane, Clerk IO3Y June 7, 1983 • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-119 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR • PUBLIC IMPROVEMENTS, 1.C. 52-052 • BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed watermain improvements on County Road 67, west of Industrial Boulevard have petitioned the City Council to construct said improvements ' and to assess the entire cost against their property. 2 Pursuant to M.S.A. 429.031, Suhd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered • and the City Engineer shall prepare plans and specifications for said improvements in accordance with City standards and advertise for bids thereon. • 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby , . directed to publish a copy of this resolution once in the official newspaper, and further a contract-for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. i ADOPTED by the City Council of the City of Eden Prairie on June 7, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL . John D. Franc, Clerk IU39 • CITY OF EDEN PRAIRIE, MINNESOTA 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: • The undersigned are all the fee owners'of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements: • (General Location) Sanitary Sewer y� • 1\ Watermain !fie S Q mil.1-,4 u 3 1 r l e ( v r. 0 Co. Rd. 6-7 Storm"Sewer • • Street Paving • Other Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall he specially as- sessed against the property described below in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements is jS d 0 O.Q O Street Address or other Legal Names and addresses of Petitioners Description of Property to be Served (Must be owne s of r cord) /I/ao � / I moo. a. ( `7 . • • • t _. (For City Use) Date Received__f)1gy_d isd., Project No. l/dr) • CITY OF EDEN PRAIRIE June 7, 1983 HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 83-120 RESOLUTION APPROVING PLANS ANO SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIOS WHEREAS, the City Engineer, through . Rieke, Carroll, & Muller Assoc, has prepared plans and specifications for the following improvements to wit: I.C. 52-033, Homeward Hills Road Extension • • and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineerts office. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall be published for 1 week(s), shall specify the work to be done, shall state that bids shall be opened at 10:00 o'clock A.M. on Thursday, July 14, 1983, and considered by the Council at 7:30 o'clock P.M. on Tuesday, July 19, 1983, in the Council Chambers of the City Hall, and that no bids will be considered unless seated and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. • ADOPTED by the Eden Prairie City Council on June 7, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John O. Frane, Clerk • • /OuI . June 7, 1983 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-121 RESOLUTION AUTHORIZING PERMIT APPLICATION • WHEREAS, the proposed sanitary sewer to be constructed in Homeward Hills i Road for the ' sanitary sewer requires a connection to the Metropolitan Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Man. • NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: • I :. The City Engineer is hereby authorized and directed • to submit an application for "Permit for Connection to or Use of Commission Facilities" to the I1WCC. ADOPTED by the City Council on June 7, 1983. • Wolfgang H. Fenzel, Mayor ATTEST: SEAL John D. Franc, City Clerk i.j4g CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST June 7, 1983 CONTRACTOR (MULTI-FAMILY & COMM.) SOLICITOR F. F. Jedlicki, Inc. Michael McCartan (Bakeware) R. B. Construction, Inc. CONTRACTOR (1 & 2 FAMILY) David R. Baerg Construction Brossard Homes, Inc. Buzzco Construction Character Builders, Inc. Christy Construction David W. Durst & James D. Gans William Gautsche III Homescapes Laurent Builders, Inc. % Leirdahl Builders, Inc. Parkwood Builders, Inc. Raun Construction Co. Schwieters Construction, Inc. J. R. Uzzell Builders Valley Pools, Inc. Windsor Development Corp. VENDING Coca Cola Bottling Co. These licenses have been approved by the department heads responsible risr�e �censed activity. Pat Solie Licensing IjU3 • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #83-129 • RESOLUTION APPROVING THE PRELIMINARY PLAT OF HIDDEN GLEN FOR R. M. FEERICK & ASSOCIATES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Hidden Glen for R. M. Feerick & Associates, dated May t '6, 1983, of 22.8 acres for 59 single family residential lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden r Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. I' • ADOPTED by the Eden Prairie City Council on the day of , 1983. Wolfgang H. Penzel, Mayor ATTEST: • John D. Frane, City Clerk Iy. j luUq Planning Commission Minutes 2 May 9, 1983 A. HIDDEN GLEN, by R. M. Feerick Associates. Request for Planned Unit Development District Review of 104 acres for 195 single family detached units and 58 multi-family units; Rezoning from Rural to R1-9.5, R1-13.5, and R1-22 for 22.8 acres for residential use; and Preliminary Plat of 22.8 acres for 59 single family lots. Location: East of Highway 101 and South of Townline Road. A continued public hearing. At its meeting of April 25, 1983, the Planning Commission recommended a continuance of this item pending resolution of major site design issues involving thoroughfares, utilities, and public facilities. Staff had been directed to work with proponent and the other governmental agencies involved, including the Cities of Chanhassen and Minnetonka, Hennepin County, and the State of Minnesota, to resolve these matters. Dick Krier, Westwood Planning and Engineering, representing the proponent, reviewed the changes proposed since the previous meeting. He pointed out the following amendments: 1) Dell Road had been realigned through the site to meet the criteria of the various agencies concerned; 2) The number of single family units had been changed from 195 to 185, and the number of multiple family units had been changed from 58 to 60; 3) The Highway #101 alignment had been redesigned to accommodate a 40 mile per hour speed curve; 4) Storm water drainage for the site has been redirected to the vicinity of Purgatory Creek, instead of overground to the City of Chanhassen; and, 5) The park has been relocated to the southeast corner of the site, and acreage has been added to it. Planner Enger reviewed the Staff Report on the amended proposal. He indicated the advantages of the proposed realignment of Dell Road, pointed out the greater variety of uses available to the park due to its relocation, and stated that the developer would receive a density credit transfer from the lowland area to the remainder of the site. Staff stated that a development plan had not been submitted for the Phase I portion of the project, which would show no two similar units adjacent, directly or diagonally across from each other, and that no more than three units of a similar type, such as garage front, would be located in a row. Another matter of concern to the area residents was the proposed extension of Lochanburn Road through this project. Staff stated that the recommendation was now to delete this connection to the Lochanburn neighborhood from this project. The reasons for this included that the connection would make it necessary for the City to align the road through a substantial hill, and that the connection would tend to make the road a "collector" street between Dell Road ! and Duck Lake Trail. Acting Chairman Gartner opened the meeting to comments from members of the audience. lulls • Planning Commission Minutes 3 May 9. 1983 • Joe Dolesji, 6445-192nd Avenue W., asked if it would be necessary to have stop signs at each intersection along Dell Road, and, if so, if the purpose of the road as a collector would be defeated by causing constant stopping along the travelled route. Planner Enger responded that the stop signs would only be necessary at the major intersection, not at each intersection, along Dell Road. This would tend to keep the road as a neighborhood collector, rather than an arterial roadway between the three communities in the area. Bonnie Riegert, 6611 Lochanburn Road, asked how the lots in the Lochanburn Addition would be affected by the redesigned drainage plans. Planner Enger responded that the revised design should keep the area from flooding as badly as it had in the past. There would not be as much water retention on these lots as in the past. Matthew Stroedel, 6610 Lochanburn Road, asked if the tree line between the Lochanburn Addition and this project would be preserved and also questioned the purpose of the ponds located at the southwest corner of the site. Staff responded that the tree line would be preserved and that the purpose of the ponds was for storm wafer holding vi on-site uiuinuyc. • Gene Woeiffer, 18735 Partridge Circle, stated that he was concerned about the potential traffic problems due to the location of Dell Road through this project. Staff responded that measures were being • taken to assure that this roadway would be an inter-City collector roadway, rather than a roadway to connect Eden Prairie with other communities. • Hallett questioned whether Dell Road would be capable of being a four-lane road from Highway #5 to the south, all the way to Townline Road. Staff responded that -the road would be a four-lane road, but not a divided road. Dick Krier stated that he was concerned with the wording of item #10 of the Staff recommendations, regarding the extension of Dell Road . being required prior to construction of Phase II. Mr. Krier stated that he would prefer that the word "extension of" be changed to "provision for." Planner Enger stated that it has always been the plan of the City to service this area from the southwest in order to keep the project from being dependent upon Highway #101. He pointed out that a 12 in. watermain, the park, Dell Road, and sanitary sewer were all to be provided by Phase II, while this would not be available with Phase I. Only services necessary to• deal with the proposed housing units would be provided. Planner Enger stated that, from a City services standpoint, it would be preferred to have Phase II, Phase III, then Phase I, in that order. • Richard Feerick, proponent, stated that Phase III would likely be developed with Phase II. III • Planning Commission Minutes 4 May 9, 1983 • • MOTION 1: Motion was made by Hallett, seconded by Johannes, to close the public hearing. • Motion carried=-4-0-0 MOTION 2 - • Motion was made by Hallett, seconded by Johannes, to recommend approval • of the Planned Unit Development District Review of 104 acres for 195 single family detached units and 58 multi-family units • for the Hidden Glen project of R. M. Feerick Associates, based on revised plans dated May 6, 1983, and subject to the recommendations . of the Staff Report dated May 6, 1983. Motion carried--3-0-1 (Marhula abstained) • • MOTION 3: i4oiion was made by Hallett, seconded by Johannes, to recommend approval of zoning from Rural to R1-9.5, R1-13.5, and R1-22 for 22.8 acres for residential use, for the Hidden Glen project of R. M. Feerick Associates, based on revised plans dated May 6, 1983, arid subject to the recommendations of the Staff Report dated May 6, 1983. Motion carried--3-0-1 (Marhula abstained) MOTION 4: Motion was made by Hallett, seconded by Johannes, to recommend approval of the preliminary plat of 22.8 acres for 59 single family lots for the Hidden Glen project of R. M. Feerick Associates, based on revised plans dated May 6, 1983, and subject to the recommendations of the Staff Report dated May 6, 1983. Motion carried--3-0-1 (Marhula abstained) • • • . • • • • • l0(l1 Planning Commission Minutes of April 25, 1983 till members present • • C. HIDDEN GLEN, by R. M. Feerick Associates. Request for Planned Unit Development District Review of 104 acres for 195 single family detached units and 58 multi-family units; Rezoning from Rural to R1-9.5, R1-13.5, and R1-22 for 22.8 acres for residential use; and Preliminary Plat of 22.8 acres for 59 single family lots. Location: East of Highway 101 and South of Townline Road. A public hearing. • • • Planning Commission Minutes 6 April 25, 1983 Planner Enger reviewed the proposed changes to this proposal from the previously approved PUD. These.were as follows: 1) The road system had been changed; 2) The location and accesses to Dell Road • had been altered; 3) Multiple residential use was proposed in the northeast corner, whereas it had previously been single family; 4) The proposed density was changed from 2.0 to 2.4 units per acre as currently allowed by City Code. Staff stated that a report had not been completed on the project due to the fact that major site design features had not yet been resolved. Of greatest importance was the alignment of Dell Road through this project. The State of Minnesota, Hennepin County, the City of Chanhassen, and the City of Minnetonka were also involved due to the location of this road and its connection to Highway 101 in the vicinity of this project. Planner Enger reported that the City had previously planned to extend Dell Road directly north to intersect with Townline Road, maintaining it as a community arterial road. However, poor soils dictated that the road alignment be readjusted to avoid encounter with the poor soils. The alignment .! through this 'e ♦ '.d 1nraFe * e nnad nn goci s ilc, Ni vNuacu �ni vuyn this project k�L'... h,. �..�_ but the other governmental agencies were required to review such an alignment. If Dell Road were to be extended through this project as shown, it would be possible to allow it to be built as a residential ( section at this time, and allowed to remain as such, until it became necessary to widen the road to thoroughfare status. Sidewalks were not shown as part of the development. The City would require sidewalks to be built along Dell Road and along the other major roads in the development. In addition, the plan proposed drainage to be directed overland into the City of Chanhassen. Chanhassen City officials had not reviewed the plan, nor commented on the storm water drainage. Also, Staff had reviewed the proposal with the City Engineering Department regarding the sanitary sewer and watermains necessary to service the project. It was the opinion of the City Staff that the phasing proposed for the project would not be functional due to the location of watermains which would service the project. Staff was requesting as part of this proposal that the Lochanburn and Dellwood neighborhoods be connected to this project via roads as well. Dick Krier, Westwood Planning and Engineering, representing the developer, stated that the connections to the neighborhoods to the south were not considered necessary by the proponent. He stated that the connections proposed did not provide any benefit to the development. Mr. Krier stated that they, too, were concerned about the soils in the southwest portion of the site. Necessary soil correction measures would be taken to mitigate this. ►Au 9 Planning Commission Minutes 7 April 25, 1983 • Regarding the alignment of Dell Road, Mr. Krier stated that he felt that a 100 ft. right-of-way was excessive for this road. The City's Comprehensive Plan depicted the road as an interior arterial road, not intended to service the surrounding communities, but to provide for circulation within the City itself. He stated that since there would be no access allowed to this road, it created major design constraints to the property. At 100 ft. in width, the constraints would be even greater. Mr. Krier pointed out that the upgrading of Highway 101 would also require additional land from this property at its northwest corner. A 50 mile per hour curve was planned. Mr. Krier stated that he felt the right-of-way proposed would be adequate. DISCUSSION Chairman Bearman stated that he recalled the previous PUD for this property did not plan for garages to be built with the units. Mr. Krier stated that garages were included in these plans. Chairman Bearman asked what type of park was planned for the south portion of the property. Mr. Krier responded that the park would be an informal active park. • Mr. Krier stated that it would be the proponent's desire to solve the question of alignment of Dell Road as soon as possible through Phase I in order to allow construction to begin this season. Staff • stated that, if Dell Road was aligned to do anything but intersect with Highway 101 to the west, Phase I would not be affected by the alignment of Dell Road. Chairman Bearman questioned how far west Dell Road would have to be moved in order to be constructed on good soils. Staff responded that soil tests would have to be taken to make that determination. The floodplain region would definitely have to be avoided. Chairman Bearman asked for comments and questions from members of the audience. Matt Strodel, 6610 Lochanburn Road, stated that he was against the idea of having the neighborhoods connected to this development. He also expressed concern that the storm water drainage be dealt with in a manner to keep water from collecting at the southwest corner of the proposed plat and draining onto his property. Dennis Flaherty, 6640 Lochanburn Road, stated that he agreed with Mr. Strodel regarding the connection of neighborhoods. He added that he did not feel it was necessary to connect the neighborhoods for any reason. Frank Farmico, Duck Lake Trail, stated that he was concerned that Dell Road would introduce great amounts of traffic into the neighborhood. He stated that he did not feel the neighborhoods IUO • • • Planning Commission Minutes 8 April 25, 1963 • `should be connected, nor improved with lighting and sidewalks. Sue Keller, 6721 Lochanburn Road, stated that there were 24 elementary school children and 18 pre-school children on her cul-de- sac. She stated that she felt it would be detrimental to the safety of the children and families in this neighborhood if the neighborhoods were connected. ' Dave Campbell, Harrogate Drive, stated that he did not want • Harrogate Drive connected through to the north to join the • neighborhoods. He stated that he did not feel it would be appropriate to increase the traffic through this existing neighborhood. Janet Butler, 6741 Lochanburn Road, stated that she agreed with the others who stated objection to connection of neighborhoods: She added that she did not feel there would be any advantages to having a four-lane road in the area of these residential neighborhoods. Bob Kruell stated that he felt the City should not destroy the integrity of the neighborhoods by connecting roads through all the subdivisions. Staff stated that it was City policy to connect neighborhoods wherever possible for safety reasons for emergency vehicle access. • Stan Reigert, 6611 Lochanburn Road, stated that he disagreed with the need to connect neighborhoods for emergency vehicle access. Hallett asked if Dell Road were extended directly north, whether the land to the west of Dell Road would be developable. Planner Enger stated that it would be, but the land to the east would not be. Hallett also asked what the difference in cost would be to run the road directly north as originally planned. Planner Enger stated that the cost would be about double to align the road through the poor soils. Further, this would be direct cost to the City. The developer would only be charged for an amount equal to a residential section of road. MOTION: Motion was made by Gartner, seconded by Schuck, to continue the public hearing to the May 9, 1963 Planning Commission meeting in order to resolve the major design questions for the project. • Motion carried--6-0-1 (Marhula abstained) • IUD . Mar 1 2 1963 �" DEPARTMENT OF TRANSPORTATION �+�"" U320 Washington Av. South ` ' 7)':) Hopkins, Minnesota 55343 HENNEPIN IL 935-3381 May 10, 1983 Mr. Chris Enger , Director of Planning • City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Enger: RE Proposed Plat - "Hidden Glen" TH 101 SE Quadrant 62nd St. (Future 62) Section 6, Township 116, Range 22 Hennepin County Plat No. 1094 • Review and Recommendations We reviewed the above plat and found it acceptable with consideration of these conditions: ( -The Hennepin County Transportation System Study recommends TH 101 • being under the jurisdiction of Hennepin County. Hennepin County's recommendations are based on this change in jurisdiction. -To safely maintain the continuity of TH 101, Hennepin County recommends the developer set aside enough right of way to construct a 4 degree 30 minutes or less horizontal curve for the realignment of TH 101. This request reflects Hennepin County's latest requirements. -Since the plat abuts TH 101, this plat must receive full Mn/DOT approval. Please direct any response or questions to Les Weigelt. • Sincerely, g n/. 44-(/‘( . , . • James M. Wold, P.E. Chief, Planning and Programming • JMW/IDW:p1 cc: Mr. Evan Green Westwood Planning & Engineering Co. HENNEPIN COUNTY an equal opportunity employer j. CITY OF v .1::� Y 690 COULTER DRIVE•P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 "7 (612)937-1900 May 4, 1983 • Mr. Chris Enger, City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Chris: In reviewing the preliminary plat information for Hidden Glen, I am very concerned about the proposed storm sewer system. The plan shows collection of all overland runoff in a piped system that would outlet directly into a protected wetland in Chanhassen. This type of situation is restricted by ordinancc in Chanhassen to protect designated wetland areas by means of upland retention/detention of surface drainage. l This does not mean that the drainage pattern shown is unaccept- able, but instead that the rate of runoff existing prior to . development of the property is to be maintained. This is rou- tinely accomplished through temporary on-site retention and timed release of the newly generated runoff within the plat. In view of this position on wetland protection, I can incssafely the state that Chanhassen will not support any plan tsize of the existing culvert under T.H. 101. 1 Also, you should be aware that Chanhassen recently approved a II preliminary plat directly across T.H. 101 with an access located I just west of Lot 15, Block 4. A copy is attached to assist in your review. I appreciate the opportunity to comment on the proposed Hidden Glen plat and would ask that you keep me apprised of its progress. . Sincerely, - .(llu,._�✓71�u0 William Monk City Engineer WM:k Enclosure 1Uf) • MEMORANDUM' TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services . DATE: May 13, 1983 • • SUBJECT: Hidden Glen Supplemental Staff Report to the May 6, 1983 Planning Staff Report • The major concern of this PUD proposal and rezoning request is the size and location of the proposed neighborhood park and how this park site will be acquired. The original proposal presented to staff showed an 8.7 acre park located just east of phase I of this development proposal. This park plan showed a regulation soft- ball field, football/soccer field, 2 tennis courts, parking lot for ten cars and a skating rink and playground area. The park plan required massive grading; however, staff had requested the developer to complete the finished grading of the park with phase I of the development proposal. • As the Engineering and Planning Staff reviewed the proposal and reviewed the re- quirements for the extension of Dell Road it became apparent that extending Deli Road directly north through swamp land would be extremely expensive and it might make more sense to swing Dell Road to the northwest through this project. The revised plan indicates the realignment of Dell Road. As staff and the developer reviewed the revised plan it became apparent that there would be some extremely long lots and wasted space between the revised Dell Road and the northern boundary of the proposed Dellwood Addition. Staff agreed that the developer should look at the possibility of using this area for parkland recognizing that it would require more acreage than the original 8.7 acres because the swampland and the steep hill side would not be conducive for developing active use play spaces that are required of our neighborhood parks. ,The developer has submitted a plan showing a proposed park area of approximatery 8.32 acres that is above the 880 contour. After reviewing this space and the topographical changes within it, City staff have determined that the western boundary of the proposed park must be moved further to the west approximately 70 feet to be able to develop active play spaces such as the softball field and soccer field without overlapping facilities and providing sufficient buffer between the active use areas and adjacent roads and residential backyards. This would require an additional 1.5 acres of parkland. This site would then be approximately 9.8 acres of property above the swampland which is 9% of the entire site. The City ordinance allows the City to require land in lieu of cash up to approxi- mately 10% of a residential site; therefore, the City could require dedication of this site and receive title to a certain percentage of the site as that same percentage of the entire site is rezoned. The City also has the option to enter into a purchase agreement with the owner and pay for the site as cash park fees arc collected. 100 The City does not have sufficient cash park fees to purchase the property up front. This development proposal would generate $77,875 for cash park fees to purchase a park site and pay for special assessments. City Staff would recommend that the cost for this entire site not exceed the cost of the original site that City Staff had recommended including special assessments. Staff would further recommend that when negotiating for the purchase of this site that the finished grading of the park site be included in the purchase agreement and be completed by the developer with the development of phase I. This guarantees the people moving into phase I a finished park site with at least ballfields l developed within the first year of the development. Obviously, this is a significant decision that relates to this plan that should be • resolved prior to final approval of either the PUD or rezoning of phase I. BL:md • • • • • • • • • I05C STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning PROJECT: Hidden Glen • DATE: May 6, 1983 APPLICANT: R. M. Ferrick Associates FEE OWNER: Joseph Dolejsi LOCATION: East of Highway 101, south of Townline Road REQUEST: Planned Unit Development District Review of 104 acres of mixed residential development totalling 245 units; Rezoning from Rural to R1-9.5, R1-13.5, and R1-22 for 22.8 acres for single family detached residential use; Preliminary Plat of 22.8 acres for 59 single family lots 8ackground This item has been continued from the April 25, 1983 Planning Commission meeting in order to allow the proponent to address a relocation of Dell Road, a development plan for Phase I which assures variety of building type, a revised storm sewer plan, and the feasibility of phasing as affected by the capacity of the City water in the area. These items have been looked at and a new plan submitted, which allows for the realignment of Dell Road. The Comprehensive Guide Plan for this area illustrates the property as Low Density Residential for 2.5 units per acre. The land had been previously approved for a Planned Unit Development, which provided a mix of residential lot sizes and allowed approximately 70 lots in the northern portion of the property to be small lots, which required no garages. The new concept is also for a mix of residential lot sizes and housing types, but is proposed at the current allowed density of 2.5 units per acre. Existing zoning on the property is Rural. The property is not affected by Purgatory Creek floodplain, but does contain two areas of public waters. The area in the southeast corner of the property•is public waters, and the area in the north center of Phase III is public waters. The property is not affected by the Shoreland Management portion of the Eden Prairie Code, but about one third of the eastern portion of the property is within the Purgatory Creek Conservancy Area. Planned Unit Development Concept The concept of the development is to provide a mixed residential neighborhood to be constructed in three to four phases. The first phase, which is proposed along Highway N1D1 and immediately bordering the Lochanburn neighborhood to the south, would be made up of a mix of R1-22 half-acre lots, R1-13.5 one-third-acre lots, and in Ac • Hidden Glen Staff Report 2 May 6, 1983 R1-9.5 one-quarter-acre lots. The larger lots would occur immediately adjacent to the Lochanburn neighborhood with the one-third-acre lots proposed for the first tier to the north of the one-half-acre lots. The balance of Phase I would then be R1-9.5 lots ranging in size from 9,500 sq. ft. to 22,800 sq. ft., with an average lot size just over 10,500 sq. ft. Phase I is the only phase proposed for immediate development. Phase II is proposed to occur north of Phase I along Highway #101 and would also be anticipated as smaller lot single family. It is doubtful whether Phase II can be constructed prior to Phase III because of the water capacity in the area. The City will need to extend a 12 in. trunk water line from the central south portion of the project up to the proposed Phase II in order to allow looping of the water system in the area and adequate water capacity. Phase III, as proposed by the developer, would contain one-third-acre and larger sized lots. Because of the water capacity problems inherent in Phase II, it would probably be developed with Phase II. Phase IV is anticipated to be multiple residential of approximately 6 units per acre and has been located at the very northern end of the property, adjacent to Highway #101. This is consistent with the Minnetonka plan occuring toward the northeast and would provide a better land use in conjunction with Highway #101. in the most recent plan, at Statt's suggestion, the park has been shifted slightly to the east to be added to the low land area previously platted as back yards of large lots. This will make the overall park size about 10.5 acres, versus 8 acres proposed previously. This park location, configuration, and size have been arrived at with the cooperation of the Community Services Department. It is anticipated that the upper "good" land portion of the park (approximately 8 acres) would be purchased by the City. Purchase could occur through an arrangement by which the Cash Park Fees generated from the development could be utilized to pay off the contract. The low land portion of the park lying to the east is being utilized for density by the developer and is expected to be dedicated to the City to make up the overall park area. Dell Road has been realigned through this project in order to provide a feasible location for this road. The previous location for Dell Road along the project's eastern boundary would go through some very wet, poor soils and would be excessively expensive to build. The exact financing of Dell Road has not been arrived at at this point. One possibility for constructing Dell Road would be for the developer to build a 32 ft. wide street (which would be the normal street for a minor collector for a subdivision of this size). A five-foot wide concrete sidewalk along one side of the road would be included. The City could then provide the community portion of the collector road when warranted by adding a second set of two lanes in a parkway arrangement. This type of approach would require a 100 ft. right-of-way, but would allow the developer to build a normal road as the part of the first phase. Existing Site Character The site ranges from a high point of 943.9 in the exact center of the site to a low point lying in the souteast corner of 874. The property slopes downhill in all directions from the high point, and is fairly gently rolling, except for some steep slopes facing northeasterly in the northeastern portion of Phase III and slopes facing southeasterly in the southern portion of Phase III. The major vegetation on the site is limited to the low land areas towards Purgatory Creek and the steep slopes surrounding it. The balance of the property is open field and is cultivated. IU 1 Hidden Glen Staff Report 3 May 6, 1983 There is an existing low, wet area in the very middle of Phase I, which currently has no drainage outfall. This area will have to be improved in order to allow drainage out of the area and in order to allow construction of single family homes. Site Plan The overall plan utilizes the contours of existing land for road systems and proper orientation of lots fairly well. In Phase I, there will be approximately 6 to 8 feet of fill required in the center low land area in order to improve the soils and accommodate positive drainage out of the area. The developer now proposes to drain this low area to the north and east, rather than to the southwest into Chanhassen. This new storm drainage plan must be submitted to the City for review and approval and will require drainage easements from the property owner lying to the north and east. Sewer and water for Phase I will come from the southwest corner of the property, but will have to be extended from the southeast corner of the property for subsequent phases, as well as Dell Road, for future road access. Since many of the lots in Phase I are double fronted on Highway #101, in addition to the 8 ft. berm proposed along portions of these lots, a substantial landscaping plan should also be added to offer noise abatement. This plan should be prepared and submitted to the City Planning Department prior to any building permit issuance on the property. The developer has submitted examples of floor plans that would be anticipated for construction upon Phase I. It appears as if there are four basic types of units. The developer should submit additional information, which illustrates that the lots are being platted wide enough to accommodate a variety of units. No unit shall occur adjacent to, directly or diagonally across the street from another similar unit. Also, there should be no more than three units of the same type, such as a garage front unit, in a row along any street frontage. Transportation The Eden Prairie Comprehensive Guide Plan illustrates Dell Road as a collector bordering this project on the east and "T-ing" into Townline Road approximately one- quarter mile of east of Highway #101. However, because of extremely poor soils, the developer has agreed to the realignment of Dell Road through the project, which will allow Dell Road to either connect with Highway #101, or to connect with Townline Road approximately 600 ft. east of Highway #101. The developer has also provided enough right-of-way at the northwest corner of the proposal to accommodate a 40 mile an hour realignment curve of Highway #101. In addition, the County is requiring dedication of 17 ft. of additional right-of-way along Highway #101. Access to Highway #101 would be subject to Minnesota Department of Transportation approval and will probably require acceleration/deceleration lanes and turning lanes. The Highway Department will also evaluate site lines to the two entrances from Highway #101. It is expected that eventually the majority of the traffic from the subdivision will utilize proposed Dell Road, rather than Highway #101. The Planning Staff has evaluated the existing location of Lochanburn Road as it dead-ends on this property's southern boundary. Because of the steep grades and IU;1 Hidden Glen Staff Report 4 May 6, 1983 • poor site distance, as well as the direct connection Lochanburn Road would provide for this new development down to Duck Lake Trail, the Planning Staff would not recommend continuing Lochanburn Road through. The Planning Staff would recommend inclusion of a five-foot wide concrete sidewalk along one side of Street A and a five-foot wide concrete sidewalk along one side of Street C. These sidewalks would connect the first phase with the pedestrian system anticipated along Dell Road and to the City park planned for the development. Parks • The modified location for the neighborhood park will provide buffering of the development to the single family areas to the south and provide a more direct connection between the park and the major floodplain area lying to the east. There will be an eight-foot wide pedestrian connection from this park directly to the south along the northeast corner of the proposed Dellwood Addition. In addition to the neighborhood park in the south part of the project, the developer is also providing an area in the northern portion of the project as a part of Phase IV for a mini-park or totlot, which would serve Phase IV multiple family residents. SUMMARY The developer has amended the overall concept of the plan in the following areas: 1. Dell Road has been realigned through the property. 2. The park has been moved easterly to provide a larger park area. 3. The multiple family portion of the development has been relocated to the north portion of the property. 4. Two of the lots proposed in the Block 7 area of Phase I have been down-sized from one-half-acre lots to 18,000 sq. ft. lots. These lots will have to be included in the Planned Unit Development District Review in order to allow a variance in lot size from the R1-22 District. Lots 5 and 6 in 81ock 7, and • Lots 7, 8, and 9 in Block 6 will not be able to be included in Phase I because these areas are outside of the legal description supplied for the published rezoning request. The Phase I development is a mixed residential lot size development, which is being proposed at 2.5 units per acre. RECDMMENDATIONS: The Planning Staff recommends approval of the overall Planned Unit Development District according to the plans March 28, 1983 and revised May 6, 1983, and approval of the rezoning of Phase I from Rural to R1-22, R1-13.5, and R1-9.5, and Preliminary Plat approval of 59 single family lots subject to the following: 1. The developer must supply revised utility drawings and grading drawings for Phase I prior to final plat approval, which illustrate storm sewer drainage of the property to the northeast. 2. Prior to final plat approval, the developer must submit a development plan 1�1",9 • • Hidden Glen Staff Report 5 May 6, 1983 for Phase I, which illustrates a variety of unit type such that no unit shall occur adjacent, directly or diagonally across from any similar unit. In addition, no like unit type, such as garage front, should occur more than three in a row along any street frontage. 3. Prior to final plat, the developer must submit to the City Engineering Department detailed information that indicates the water capacity and sewer capacity existing in the services anticipated for use for Phase I. 4. The developer shall work with the City prior to final'plat of Phase I to determine a specific construction proposal for Dell Road so that Phase I may be included in the spreading of costs for Dell Road. 5. The developer must submit a landscaping plan to the City Planning Department prior to building i permit issuance c on Phase abatement fromHighway #101forthelots directly cadjacent eto Highways noise #101 6. Prior to construction of Phase I, the City and developer must negotiate an acquisition plan for the City neighborhood park area. 7. The proponent must submit an erosion control plan'to the Riley_Purgatory Creek Watershed District prior to construction. 8. The Developer shall construct a five-font wide concrete sidewalk along the south side of Street A and along the south and east side of Street C with a let down curbs. 9. Lots 3 and 4, Block 7, should be given a variance from the 22,000 sq. ft. lot size minimum as part of the PUD District Review. 10. The construction of Phase II would be dependent upon successful preliminary plat and rezoning approval and extension of Dell Road and sewer and water utilities from the southeast corner of the property. 11. The Cash Park Fee would be applicable to this project. 12. The Planned Unit Development Review for the overall project would give approvals in concept, only, but generally relate to the plan submitted and t; dated March 28, 1983, and revised May 6, 1983. • • 1060 • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #83-131 RESOLUTION APPROVING THE PRELIMINARY PLAT OF NORTHMARK 4TH ADDITION FOR HANS HAGEN HOMES • BE. IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Northmark 4th Addition for Hans Hagen Homes, dated unit a of which is on April 7, 1983, of 5.0 acres for 32 townhouse units 42 units, copy file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. • ADOPTED by the Eden Prairie City Council on the day of , 1983. Wolfgang H. Penzel, Mayor • ATTEST: John D. Frane, City Clerk Pit,1 • • • • • • • I• ," • • • • • • • C. NORTHMARK 4TH ADDITION, by Hans Hagen Homes. Request for Zoning Amendment and Planned Unit Development District approval of five acres for multiple residential land use_and • preliminary plat for 32 townhouse units. Location: West of Center Way, north of Nesbitt Preserve Park. A public hearing. Hans Hagen, Hans Hagen Homes, reviewed the request with the Commission for amendment to the request for development of Northmark 4th Addition. Previously, the project had been approved for four- plexes. Proponent was requesting a change to townhouse units for 1062 • • . Planning Commission Minutes 11 May 9, 1983 the development. • • • Mr. Hagen pointed out that the proposed units would be five feet lower in height than the original plan. He stated that there were • no objections to the recommendations of the Staff in the Staff Report. Acting Chairman Gartner asked for comments and questions from members of the audience. Al Schirmack, 11180 Lanewood Circle, asked why proponent was- requesting the change in the plan. Mr. Hagen stated that market • conditions indicated that townhouse units were more desired now than four-plex type units. Mr. Schirmack stated that extensive meetings •had been held with the neighborhood regarding the height and location of one- and two-unit buildings. 'He questioned where the one- and two-unit buildings would be located. Mr. Hagen pointed out these areas to Mr. Schirmack and stated that the overall view of the units would be five feet lower from the area where Mr. Schirmack's home was located. Mr. Hagen stated that the values of the units would be between $65- 75,000 per unit. David MacIntosh, 11210 Lanewood Circle, asked about the exterior finish of the units. Mr. Hagen responded that the exterior material • would consist of shingles with a cedar roofing material. Marhula asked about the drainage of the site overall and how the • drainage plan affected the trail on the west side of the site. Upon review, it was pointed out that the drainage to the trail would require correction so as not to flow across the trail. Mr. Hagen stated that he would have the drainage corrected in that area. • MOTION 1: Motion was made by Torjesen, seconded by Hallett, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made 'by Torjesen, seconded by Hallett, to recommend approval of the Zoning Amendment and Planned Unit Development • District approval of five acres for multiple residential land use • for Northmark 4th Addition by Hans Hagen Homes, based on plans dated April 7, 1983, and subject to the recommendations of the Staff Report dated May 6, 1983, and subject to correction of the storm water drainage to the trail along the west side of the site. Motion carried--6-0-0 Planning Commission Minutes 12 May 9, 1983 • MOTION 3: Motion was made by Torjesen, seconded by Hallett, to recommend approval of the preliminary plat of Northmark 4th Addition of five acres for 32 townhouse units by Hans Hagen Homes, based on plans . • dated April 7, 1983, and subject to the recommendations of the Staff Report dated May 6, 1983, subject to the correction of the storm water drainage to the trail along the west.side of the site. Motion carried--6-0-0 • • • f ,, • • STAFF REPORT TO: Planning Commission FROM: Stephen Sullivan, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: May 6, 1983 • PROJECT: Northmark 4th Addition • APPLICANT rEE OWNER: Hans Hagen Homes, Inc. LOCATION: West of Center Way, north of Nesbitt Preserve Park REQUESTS: 1. - Zoning Amendment and PUD District approval for Multiple Residential Land Use with the following proposed variances: a. The proposal is for zero side yard setbacks b. Individual townhouse lots do not meet the minimum lot size, depth, and width requirements per the RM- 6.5 District 2. Preliminary plat for 32 townhouse units on five acres • Background This site is part of the original Preserve PUD. It has been approved for 8 four- plexes, totalling 32 units, with an RM-6.5 zoning. The Guide Plan depicts this area as Medium Density Residential. Existing Site Character A knoll with a high point of 904 is located within the north central portion of the yy site. Drainage runs in all directions away from this knoll on slopes of 2-8%. Site drainage is caught by storm sewer located within Center Way and also within a swale along the west property line. The parcel is in meadow grasses and offers no significant vegetation or wildlife habitat. • The soils are conducive for development. Single family detached homes are located, to the east, west, and south borders of the project. A 10-12 ft. berm, separating the site from the adjacent office land use, exists along the north property line. Ordinance Requirements The proposal is for six row-type townhomes totalling 32 units. The preliminary plat 6(1) Northmark 4th Addition Staff Report 2 May 6, 1983 indicates lots not meeting the minimum lot size, width, and depth requirements. Zero side yard setbacks are proposed. These variances are requested under the PUD District Review. The site plan should be revised by moving the garage on Lot 2 out of the front yard setback. Prior to building, a buyer of a unit can determine the type of garage, whether double or single. The site plan indicates two adjoining garages for each two adjacent townhomes. A double garage connected to another double garage is one possible combination. The proponent wishes to run one continuous drive to both garages. The parking and driveway requirements per the City Code are as follows: 1. Each unit shall be provided with one inside and one outside unobstructed parking space. • 2. Minimum distance between driveways shall be 20 ft. 3. Driveway Width: Maximum Minimum One-way 20 ft. 12 ft. Two-way 30 ft. 24 ft. 4. Minimum distance between end of driveway return and property line is 10 ft. A single garage with the outside parking within the driveway does not provide an unobstructed parking situation. A double garage would not have this problem because of the increased driveway width. Both double and single garages are proposed on, or 5 ft. outside, the front yard setback. The Staff has provided a possible alternative to the road and driveway alignment. (See Figure #1) This approach would decrease the amount of public road and utilities. It provides additional open space by combining the drives and lessening the number of access points. The proponent has submitted the same landscape plan as was approved initially. The landscaping and proposed berms shall screen and provide a buffer of the proposed multiple land use from the adjacent homes. Staff recommends that the landscape plan be revised by: • 1. Placing the current proposed site plan, grading, and planting design on one plan. This plan shall be submitted to the City for review and approval prior to building permit issuance. 2. Additional evergreens be placed west of Lots 18, 19, and 20 providing the required screening of the adjacent homes. • 3. Plant material sizes be changed to a 6 ft. minimum height for evergreens and 2 in. caliper for deciduous overstory trees. IUD() • Northmark 4th Addition Staff Report 3 May 6, 1983 Site Plan The grading of the site illustrates 6-8 ft. berms' along the perimeter of and surrounding the site. The effective height of these berms to the adjacent homes is 10-12 ft. A minimum amount of grading will be required for the development of the site. • A majority of the parcel would drain to the proposed loop road, then into the storm water system located within Center Way. Some drainage would be taken by the swale along the west property line to a drainage pond located within Northmark 3rd Addition. Water service is to tie to an existing main along Center Way and a 6 in. main from the development to the west. Sanitary sewer is proposed to tie into an existing • line along Center Way. No storm sewer is proposed. Access to the site would be via a public looped road connecting to Center Way • directly across from Hyland Terrace. Because of the sharp radii on this loop and the number of driveways entering it, public snow removal maintenance problems are anticipated. All traffic from the proposed 32 units must exit south onto Center Way to Anderson Lakes Parkway, as the Center Way connection to the north is barricaded. Pedestrian circulation will be accommodated via an 8 ft. wide bituminous bike path along the east side of Center Way. Parks Nesbitt Preserve Park lies to the southeast of the site. The facilities include tennis courts, a multi-use court, skating pond, hockey rink, parking lot, ballfields, and a play structure. No Cash Park Fee is required, as the obligation was fulfilled with the implementation of the Preserve PUD. RECOMMENDATIONS Staff recommends approval of the Northmark 4th Addition for PUD District, zoning amendment, with variances, and preliminary plat, subject to the following conditions: 1. Prior to City Council review: • a. The site plan shall be revised subject to Figure #1 of the Staff Report and the garage on Lot 2 moved out of the front yard setback. 2. Prior to Final Plat: a. Proponent shall meet with the Engineering Department regarding water, sanitary sewer, storm sewer, utility easements, and drainage. b. The proponent shall meet with the Fire Marshall regarding hydrant locations. I00 Northmark 4th Addition Staff Report 4 May 6, 1983 3. Prior to building permit issuance: a.• A landscape plan with grading, site layout, plant material type and sizes shall be submitted to the City for review and approval. Plant material sizes shall be changed to 6 ft. minimum height for evergreens and 2" caliper for deciduous overstory trees. Additional evergreens shall be placed west of Lots 18, 19, and 20. b. The proponent shall submit plans to the Watershed District for review and approval. is • • yp (U�0 c 1 N 0•' . ................" . i FIGURE 1 - • N.•giskt4;444 . . .4.441,) ./. • I.. 1 :Ititittitt443 Of 11-1 i 1 1 NIs • 1 .\ I Mill . rt „,--.. • • ., , 4 /,.. \ i , (.\\. q ......A........ ov.\., \\..) a • I, ) i N• r• !' '{ • • • f i \ 1 : . . \/ v/,› '4 • . • ! • ' 1raW•N L-fyua• --- --j„`� •0.,S42.114.w`l.' 0••lItM^6L7 ••4!7.-vs.'i.70 ••kA1V:.2f • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #83-130 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDENVALE 17TH ADDITION FOR EQUITABLE LIFE ASSURANCE BE IT RESOLVED, by the Eden Prairie City Council as follows: ' That the preliminary plat of Edenvale 17th Addition for Equitable Life Assurance, dated April 4, and April 5, 1983, of 9.77 acres for 21 duplex residential lots, or 42 units, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the day of , 1983. Wolfgang H. Penzel, Mayor ATTEST: • John D. Frane, City Clerk • /o76 • • • • D. EDENVALE 17TH ADDITION, by Equitable Life Assurance. Request for Planned Unit Development District Review and Zoning from Rural to RM-6.5 and Preliminary Plat of 9.77 acres for Medium Density Residential use for 21 duplex lots, or 42 units. Location: North of Edenyale Boulevard, south of Birch Island Road. A public hearing. • Dick Krier, Westwood Planning and Engineering, representing proponent, presented slides depicting the features of the site proposed for development, as well as the surrounding area. He stated that proponent had no objections to any of the recommendations of the Staff Report. Johannes questioned whether there was an existing sidewalk system within the overall Edenvale area, and if this project would be I(ell Planning Commission Minutes 5 May 9, 1983 • connected to it. Planner Enger responded that a sidewalk would exist along Edenvale Boulevard when it was built. The City would also be locating a sidewalk or trail from Valley View Road to the Crosstown Highway. It was pointed out that the decision regarding the requirement for sidewalks was based on a project's size. This project was considered small in size, with adequate access to adjacent projects with sidewalks to have access to the City's overall system. People would not be expected to "cut through" this project to obtain access to adjacent properties, as routes with sidewalks would be readily available. Also, Birch Island Road would remain a graveled, rural section road until the properties on either side were developed, which would require the upgrading of the road. Hallett suggested that it would be prudent to require a sidewalk now, when the City could deal with one land owner, instead of requiring it at a later date and forcing the City to participate in assessments hearings with potentially 42 land owners. Acting Chairman Gartner stated the Crosstown Highway would be completed in approximately five years, and at that time, the Crosstown would be the quickest access to the north_. leaving Birch • Island Road as a secondary access. Marhula questioned the current status of the Edenvale Boulevard road improvement project. Staff responded that the City was currently under contract for completion of the road. • (Torjesen arrived at 9:15 p.m.) Acting Chairman Gartner asked for 'comments and questions from members of the audience. Harry Picha stated that he had sold this land originally to the Edenvale project developers. His farmstead was located to the north and west of the site of the 17th Addition. His concerns involved the driveway and sanitary sewer easements for his property, which, were not represented on the drawings presented. He stated that the easements had been filed at the County offices. Mr. Picha stated that he was concerned also about the potential of flooding of his lot by the pond located at the southwest end. Mr. Krier stated that the plans would be corrected to reflect the easements. As to the pond at the southwest end of the proposal, it had been designed to hold only a certain amount of storm water, and, therefore, would not be the cause of any flooding to his property. The remainder of the storm water drainage was to be directed -away from the Picha homestead. . • Lee Garber, 15085 Ironwood Court, stated that he was against duplexes as a unit type in this area. He stated that he felt there were enough duplexes in the overall Edenvale project at this time. Terry Johnson, 15020 Ironwood Court, stated that she was concerned that this development would be like the others in the area whereby the developers had not preserved any of the natural features of the 10/ • Planning Commission Minutes 6 May 9, 1983 land. She asked if it was necessary that the road for this proposal be aligned through the only pond on the site, which supported ducks and other wildlife. She questioned whether development of this type was too harsh of a treatment for this property. Marilyn Beckerman, 14980 Ironwood Court, stated that she was against the duplex unit type in this area. She stated that she felt the Ironwood Court area would slowly become an island of single family amongst duplex units, and asked the Commission to consider conditions which would place a minimum value on each unit within the project. Dan Beckerman, 14980 Ironwood Court, asked that development of this area be restricted until such time as Edenvale Boulevard was built. He stated that he felt traffic was already a problem in this area, and that additional units, particularly multiple units, would only add to the problem. He added that he, too, was concerned about property values going down because of duplex development in the area. He suggested that the developer consider developing this property as single family instead. Brad Orndorff, 15100 Ironwood Court, referring to the requested variances, stated that he felt it was improper for the City to consider action on the proposal until such time as the project was drawn according to Code. Staff explained that the types of changes . requested in this case were quite minor and could be easily handled by the developer in a short period of time. Mr. Krier explained that the lot lines would be shifted to make the non-conforming lots be in compliance with the Code requirements. Torjesen questioned the discrepancy between the City's Comprehensive Guide Plan, which designated this area as Low Density Residential, and the use proposed. Planner Enger explained that the overall Edenvale Planned Unit Development had been approved by the City. • showing this area as Medium Density Residential. In effect, the , Edenvale Planned Unit Development had amended the City's Comprehensive Guide Plan when it had been approved. In response to questions from members of the audience, Mr. Krier pointed out that an Environmental Impact Statement had been completed by the developer on the entire Edenvale Planned Unit Development in 1973, which covered this site. The proposal was being developed in accordance with it. Also, he stated that the project would not be developed prior to the construction of Edenvale Boulevard. 1 MOTION 1: ' Motion was made by Johannes, seconded by Hallett, to close the public hearing. Motion carried--5-0-0 10'?3 Planning Commission Minutes 7 May 9, 1983 • MOTION 2: Motion was made by Johannes, seconded by Torjesen, to recommend approval of the Planned Unit Development District Review for Medium Density Residential use for 21 duplex lots, or 42 units for Edenvale 17th Addition by Equitable Life Assurance, based on plans dated April 4, 1983, and written materials dated April 5, 1983, subject to the recommendations of the Staff Report of May 6, 1983, with the addition of the following two conditions: 5) No similar units shall be placed adjacent, diagonally, or directly across from each other, nor shall any similar unit, such as garage front, be placed • more than three in a row along the street frontage; and 6) The matter of the driveway and sanitary sewer easements for the Harry Picha property be resolved prior to Council review. Motion carried--4-0-1 (Marhula abstained) • • MOTION 3: • • Motion was made by Johannes, seconded by Torjesen, to recommend approval of zoning from Rural to RM-6.5 for 9.77 acres for medium density residential use for 21 duplex lots, or 42 units, for Edenvale 17th Addition by Equitable Life Assurance, based on plans dated April 4, 1983, and written materials dated April 5, 1983, subject to the recommendations of the Staff Report of May 6, 1983, ' with the addition of the following two conditions: 1) No similar units shall be placed adjacent, diagonally, or directly across from • each other, nor shall any similar unit, such as garage front, be placed more than three in a row along the street frontage; and 6) The matter of the driveway and sanitary sewer easements for the Harry Picha property be resolved prior to Council review. Motion carried--4-D-1 (Marhula abstained) MOTION 4: Motion was made by Johannes, seconded by Hallett, to recommend approval of the preliminary plat of 9.77 acres for medium density residential use for 21 duplex lots, or 42 units, for Edenvale 17th Addition by Equitable Life Assurance, based on plans dated April 4, 1983, and written materials dated April 5, 1983, subject to the recommendations of the Staff Report of May 6, 1983, with the addition of the following two conditions:. 1). 5) No similar units shall be placed adjacent, diagonally, or directly across from each other, nor shall any similar unit, the street frontage; and 6) The matter of the driveway and sanitary sewer easements for the Harry Picha property be resolved prior to Council review. 101u • MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Service DATE: May 12, 1983 SUBJECT: Edenvale 17th Addition Supplemental Staff Report to the May 6, 1983 Planning Staff Report • The Parks, Recreation and Natural Resources Commission should review the Edenvale 17th Development Proposal regarding two major concerns. Number one, the Commission should review the grading plan with the developer regarding removal and replacement of trees and regarding the drainage pattern in this area i.e. how the water gets from the drainage pond to Birch Island Lake. Number two, the location of recreational facilities to serve this neighborhood. The Planning Staff Report refers to Edenvale Park which is located approximately 3/4 of a mile from this site. Actually residents of this site will probably use Birch Island Park and Forest Hills School Park more than Edenvale Park. When Edenvale Blvd. is extended through to Baker Road, Forest Hiiis School Park will be within a half mile of this site. Birch Island Community Park is also within approximately a half mile of this site. The 8' bituminous pathway adjacent to Edenvale Blvd. should provide safe access to Forest Hills School Park and to Edenvale Neighborhood Park. The Community Services Staff recommend approval of Edenvale 17th Addition as per the May 6, 1983 Planning Staff Report. • • BL:md • • • • • Hz • I 01 + STAFF REPORT • TO: Planning Commission FROM: Stephen Sullivan, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: May 6, 1983 PROJECT: Edenvale 17th Addition APPLICANT SEE OWNER: Equitable Life Assurance Society of the United States and Equitable Life Mortgage & Realty Investors, Inc. LOCATION: North of Edenvale Boulevard, south of Birch Island Road REQUESTS: 1. Planned Unit Development District Review with variances for: a. Side yard setback requirements P. Minimum lot width 2. Rezoning from Rural to RM-6.5 3. Preliminary Plat of 9.77 acres for 21 lots for duplexes, totalling 42 units Background The parcel is a component of the Edenvale Planned Unit Development, which the land use plan indicates as Medium Oensity Residential. The zoning is Rural. The Guide Plan depicts this area as Low Density Residential. Existing Site Character Edenvale Boulevard is located along the south property line with farmsteads to the east and north. To the west lies approved Edenvale 15th, a 106-unit townhouse proposal. Birch Island Road fronts approximately one-half of the north border of the site. The terrain is rolling with slopes averaging 10-20% and ranging up to 33%. Maximum slopes of 33% exist. The east one-half of the site drains to a depression located in the central portion of the site. The west one-half of the site drains to a wetland located in the southwest corner of the site. The soils are conducive for development. 1(11(o Edenvale 17th Addition Staff Report 3 May 6, 1983 via adjacent developments is necessary before final storm water plans can be designed. Water service and sanitary sewer to the parcel will tie to lines proposed along Edenvale Boulevard. Water will run along Kara Drive and dead end, eventually tying in to a future main along Birch Island Road. Sanitary sewer to each lot will also be from a line located along Kara Drive. The development of the site is subject to the implementation of Edenvale Boulevard this summer. Access to the lots would be via Kara Drive. Edenvale Boulevard is designed to handle the additional traffic that would be generated by the site. Birch Island Road, located north of the site, is currently gravel with improvement contingent upon future development. Parks An 8 ft. bituminous bike path is to be implemented on the north side of Edenvale Boulevard with the road project. Edenvale Park is within 3/4 mile from the site. Facilities include a hockey rink, totlot, skating area, and ballfields. RECOMMENDATIONS Staff recommends approval of Edenvale 17th Addition for PUD District Review with variances, rezoning from Rural to RM-6.5, and preliminary plat, subject to the proponent meeting the following conditions: 1. All significant trees 12 in. or larger, as determined by the City Forester, which will be lost with development, shall be replaced caliper inch for caliper inch according to a plan to be submitted to the City prior to grading. 2. The following slopes shall be sodded and staked: -Western ridge (rear of Lots 8, 9, and 10) -Adjacent to Edenvale Boulevard (rear of Lots 6, 7, B, 9, and 10) -Eastern property line (rear of Lots 4 and 5) 3. Prior to City Council: a. Proponent shall revise the preliminary plat to meet all Code requirements. 4. Prior to final plat: a. Proponent shall submit detailed information to the Engineering Department regarding storm water calculations, water, sanitary and storm sewer. 1 b. Proponent shall submit plans to the Watershed District for review and approval. c. A landscape plan shall be submitted to the City for review and approval depicting: kY16 • , • Edenvale 17th Addition Staff Report 4 May 6, 1983 -grading limits -significant trees lost -transplanted trees and location -type, size, and location of replacement trees -areas to be sodded and staked -erosion control plan . JUNE 7,1983 . 7652 UNIVERSITY OF MINNESOTA SOIL TESTS-GARDEN PLOTS/COMMUNITY SERVICES 16.00 7Fc3 OFFICE OF SPECIAL PROGRAMS SCHOOL-FIRE FIGHTERS 240.00 MORGAN MOTOR INN CONFERENCE-POLICE DEPT 190.26 7oa5 MINNESOTA P 0 S T BOARD FEE-POLICE DEPT . 6.66 7656 MINN ASSN OF CIVIL DEFENSE DUES-POLICE DEPT 3.00 7657 STATE TREASURER FEE-WATER DEPT 15.00 7658 MINNESOTA DEPT OF P/S MOTOR VEHICLE REGISTRATION 5.25 7659 GRIGGS COOPER & CO INC LIQUOR 2447.71 7660 LANCE ENTERPRISES TRANSFORMERS-ICE ARENA/COMMUNITY CENTER 75.00 7661 TWIN CITY WINE CO WINE ; 81.78 7662 INTERCONTINENTAL PACKAGING CO WINE ' 832.42 7663 U S POSTMASTER POSTAGE-POLICE DEPT 419.00 7664 ED PHILLIPS & SONS CO LIQUOR 3752.47 7665 JOHNSON BROTHERS WHOLESALE WINE . 616.76 7666 EAGLE WINE CO WINE 327.78 7667 OLD PEORIA COMPANY INC LIQUOR 2154.28 7668 FEDERAL RESERVE BANK PAYROLL 5/13/83 15590.56 7669 COMMISSIONER OF REVENUE PAYROLL 5/13/83 8261.26 7670 AETNA LIFE INSURANCE CO PAYROLL 5/13/83 108.00 7671 MINNESOTA STATE RETIREMENT PAYROLL 5/13/83 65.00 7672 GREAT WEST LIFE ASSURANCE PAYROLL 5/13/83 2812.00 7673 UNITED WAY OF MINNEAPOLIS PAYROLL 5/13/83 71.50 7674 INTL UNION OF OPERATING ENG PAYROLL 5/13/83 532.00 7675 PERA PAYROLL 5/13/83 16144.32 7676 CROSSTOWN PRINTING PRINTING-EDEN PRAIRIE PROFILE-PLANNING DPI 247.20 7677 AMERICAN PLYWOOD ASSOCIATION CONFERENCE-BUILDING DEPT. 15.00 7'78 PETTY CASH POSTAGE 9.55 9 HOPKINS POSTMASTER POSTAGE-SUMMER BROCHURE/COMMUNITY SERVICES 650.96 MO DANA GIBBS PACKET DELIVERY 65.00 7681 VDID OUT CHECK 0.00 7682 VOID OUT CHECK 0.00 7683 BUD JANKE RELOCATION EXPENSES-PARK DEPT 347.76 7684 ED PHILLIPS & SONS CO LIQUOR 3473.29 7685 GRIGGS COOPER & CD INC LIQUOR 2454.82 7686 EAGLE WINE CO WINE 392.56 7687 JOHNSON BROTHERS WHOLESALE LIQUOR 1261.87 768E TWIN CITY WINE CO WINE 898.20 7689 INTERCONTINENTAL PACKAGING CO WINE 303.80 7690 LIGHTNING TRUCKING FREIGHT CHARGES-LIQUOR STORES 22.80 7691 OLD PEORIA COMPANY INC LIQUOR 1206.49 7692 COMMISSIONER OF REVENUE APRIL 83 SPECIAL FUEL TAX 94.12 7693 DON PENNIE REFUND-GARDEN PLOTS RENTAL 7.00 7694 THOMAS LENDT REFUND-GARDEN PLOT RENTAL 4.00 7695 MINNESOTA DEPT OF P/S MOTOR VEHICLE REGISTRATION 10.75 ttt 7696 COMMISSIONER OF REVENUE APRIL B3 SALES TAX 7534.77 7697 ANDREA BROSCH INSTRUCTDR-RACQUETBALL/FEES PAID 36.00 7698 WENDY BURNS CARLSON FEE-ICE SHOW/COMMUNITY CENTER .-ted-0#1' 204.00 7699 MARY HOFFMAN REFUND-GOLF CLASSES 26.00 7700 JANAAN HUBBARD REFUND-GOLF CLASSES 33.00 7701 JOY VIVIAN REFUND-GARDEN PLOT RENTAL 4.00 7702 DANA GIBBS PACKET DELIVERY 52.00 "93 PETTY CASH EXPENSES 58.10 14 DOUGLAS EDWARD ANDREWS FIREMAN CALLS 630.00 7705 CURTIS BERGQUIST FIREMAN CALLS 686.00 7706 MICHAEL BOSACKER FIREMAN CALLS 378.00 i, 75875D5 7707 LANCE BRACE ' FIREMAN CALLS 378.00 7708 JAMES CLARK FIREMAN CALLS 720.00 7709 SPENCER LEE CONRAD FIREMAN CALLS 718.00 '0 PATRICK STANLEY DADY FIREMAN CALLS 224.00 .11 RICHARD RAYMOND DEATON FIREMAN CALLS 626.00 7712 ROBERT DANIEL DOLE FIREMAN CALLS 412.00 7713 FRANK PAUL ELLERING FIREMAN CALLS . 566.00 7714 ROBERT RICHARD GRANT FIREMAN CALLS 458.00 7715 JOHN KENNETH HACKING FIREMAN CALLS 346.00 7716 FREDRICK KARL HAFFNER FIREMAN CALLS 694.00 7717 SCOTT HARR FIREMAN CALLS 416.00 7718 JOHN THOMAS HOBBS FIREMAN CALLS ' • • 8D4.00 7719 GENE A JACOBSON FIREMAN CALLS 994.00 7720 DUANE JOHNSON FIREMAN CALLS 188.00 7721 KENNETH DANIEL JOHNSON FIREMAN CALLS 308.00 7722 RONALD 0 JOHNSON FIREMAN CALLS 916.00 7723 MARVIN ALLEN LAHTI FIREMAN CALLS 582.00 7724 M E LANE JR , FIREMAN CALLS 462.00 7725 BRADLEY EARL LARSON FIREMAN CALLS 240.00 7726 ROBERT PAUL LISTIAK FIREMAN CALLS • 808.00 7727 LOWELL 0 LUND FIREMAN CALLS 866.00 7728 BRIAN GILL MCGRAW FIREMAN CALLS 168.00 7729 PHILIP GEORGE MATHIOWETZ FIREMAN CALLS 776.00 7730 JAMES LEE MATSON FIREMAN CALLS 468.00 7731 GARY LEE MEYER FIREMAN CALLS 642.00 7732 RAY MITCHELL FIREMAN CALLS 1774.00 7733 THOMAS HAMILTON MONTGOMERY FIREMAN CALLS 612.00 7734 CURTIS REED OBERLANDER FIREMAN CALLS 1026.00 f 35 JOHN EDWARD PAFKO FIREMAN CALLS 740.00 ,:36 DOUGLAS LEE PLEHAL FIREMAN CALLS 862.00 7737 JEROLD FRED PRODOEHL FIREMAN CALLS 566.D0 7738 JOHN DAVIO RIEGERT FIREMAN CALLS 726.00 7739 STANLEY A RIEGERT FIREMAN CALLS 830.00 7740 JOHN DAVID ROCHFORD FIREMAN CALLS 650.00 ' 7741 MICHAEL JOHN ROGERS FIREMAN CALLS 456.00 7742 NORBERT HENRY ROGERS FIREMAN CALLS 704.00 7743 TIM PAUL RUST FIREMAN CALLS 578.00 7744 CHARLES SCHAITBERGER FIREMAN CALLS 708.00 7745 HARVEY HERMAN SCHMIDT FIREMAN CALLS 272.00 7746 GERALD MATHEW SCHWANKL FIREMAN CALLS 774.0C 7747 RICHARD WILLIAM SEEGER FIREMAN CALLS 438.00 7748 JOHN JOSEPH SKRANKA FIREMAN CALLS 690.00 7749 JOHN ALAN SORENSEN FIREMAN CALLS 584.00 7750 EUGENE RAYMOND SPANDE FIREMAN CALLS 342.00 7751 VERNON THOMAS STEPPE FIREMAN CALLS 392.00 7752 BURTON LEE SUTTON FIREMAN CALLS 770.00 7753 MARC LEWIS THIELMAN FIREMAN CALLS 720.00' 7754 RICHARD WAYNE TURNER FIREMAN CALLS 578.00 7755 STEPHEN JOHN WHITE FIREMAN CALLS 446.00 7756 THOMAS DEFOREST WILSON FIREMAN CALLS 376.00 7757 ACRO-MINNESOTA INC OFFICE SUPPLIES 5.33 7758 ALDY GRAPHIC SUPPLY INC CHARTPAK COLOR FILM-PLANNING DEPT 19.25 7759 STUART ALEXANDER MILEAGE 47.50i 'GD AMERICANNA VENTURES INC CONFERENCE-POLICE DEPT 135.87 3060195 it)cl 7761 ASSOCIATED ASPHALT INC BLACKTOP 253.55 7762 ASSOCIATED WELL DRILLERS INC PIPE-PARK MAINTENANCE 16.25 7763 BACHMANS FLOWERS 38.00 7764 MDILY BAIRD EXPENSES-POLICE DEPT 14.84 "55 BATHER RINGROSE WOLSFELD JARVIS -SERVICE-MITCHELL ROAD & TECHNOLOGY DRIVE 36105.61 -CITY WEST STREETS & UTILITIES/SHADY OAK -FEASIBILITY/ANDERSON LAKES PARKWAY/ PRAIRIE CENTER DRIVE 7766 BENIS BILLMEYER SDFTBALL OFFICIAL/FEES PAID 209.25 7767 ANTHONY BLACK REFUND-SWIMMING CLASSES 11.00 776E BRIAN BLANCH EXPENSES-POLICE DEPT 9.54 7769 BLUMBERG PHOTO SOUND CO CHAMBER OF COMMERCE SLIDE SHOW 87.40 40 7770 MICHAEL BOSACKER EXPENSES-POLICE DEPT 35.00 7771 KEITH BOUDRIE REFUND-SWIMMING CLASSES 35.00 7772 BDYER FORD TRUCKS INC STEERING WHEEL PARTS 7773 BROCK WHITE COMPANY PARKING CURBS-P/S & P/W BUILDING 45.50 7774 CHRIS BUCKNER REFUND-SWIMMING CLASSES 11.00 7775 BUTCHS BAR SUPPLY SUPPLIES-LIQUOR STORES 424.20 7776 KATHY HILL REFUND-EXERCISE CLASSES 20.00 7777 KRISTINE HOLTZ REFUND-EXERCISE CLASSES 20.00 7778 BEV MARTIN REFUND-EXERCISE CLASSES 20.00 7779 JANET PEARSON REFUND-EXERCISE CLASSES 20.00 778D WENDY PRICE REFUND-EXERCISE CLASSES 20.00 7781 JANET SIEG REFUND-MUNCHKINS 12.00 7782 KAREN & JULIET SMITH REFUND-EXERCISE CLASSES 40.00 7783 KIM WERNER REFUND-EXERCISE CLASSES 20.00 7784 BRIAN BERGSTROM SOFTBALL OFFICIAL/FEES PAID 72.00 7785 STEVE CALHOON MILEAGE 52.75 7786 CAPITOL ELECTRONICS INC RADIO REPAIR-POLICE DEPT 95.20 '37 CHEMLAWN LAWN TREATMENT-CITY HALL ', 86 CHEMLAWN LAWN SERVICE-FIRE DEPT 233.00 7789 CHEMSCAPE LAWN FERTILIZATION-P/W CENTER 138.00 7790 COMMISSIONER OF TRANSPORTATION SOIL TESTS-PRAIRIE CENTER DRIVE 1489.33 7791 COMMUNITY DANCE CENTER INSTRUCTOR-DANCE CLASSES/FEES PAID 1122.10 7792 CONSOLIDATED INDUSTRIAL SUPPLY 2 FIBERGLASS LADDERS-P/S BUILDING 284.40 7793 CONWAY FIRE & SAFETY INC -GAUGE USED TO TEST HYDRANT PRESSURE-FIRE 314.55 1 DEPT .7794 COPY EQUIPMENT INC TAPE/PEN POINTS-ENGINEERING DEPT 103.89 ! 7795 CROWN RUBBER STAMP CO DESK SIGN-BOARD OF APPEALS COMMITTEE 7.45 7796 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 3645.28 1 7797 DALCO -CLEANING SUPPLIES-WATER DEPT/FIRE DEPT/ 690.501 COMMUNITY CENTER 1 7798 A B DICK COMPANY XEROX PAPER-CITY HALL 225.50 7799 EUGENE A DIETZ APRIL & MAY EXPENSES 306.00 7800 DORHOLT PRINTING & STATIONERY INC OFFICE SUPPLIES 362.50 7801 CHARLES P DOWNER SDFTBALL OFFICIAL/FEES PAID 240.001 7802 DRISKILLS SUPER VALU CONCESSION STAND SUPPLIES-COMMUNITY CENTER 861.371 7803 DUSTCOATING INC OIL FOR ROADS 7804 DYNA SYSTEMS RACK/U-TERMINAL ASSORTMENT-STREET.DEPT 174.97 7805 KELLY EAGLE REFUND-SWIMMING CLASSES • 16.00 7806 JOY EASTMAN EXPENSES-COMMUNITY CENTER 29.33; 7807 EDEN PRAIRIE CHAMBER OF COMMERCE CONFERENCE 30.001 7808 EDEN PRAIRIE SCHOOL DISTRICT #272 APRIL FUEL 2526.08 7809 EDEN PRAIRIE SCHOOLS JUNE-DEC B2 COMMUNITY EDUCATION 5234.501 1 3587882 1 I , 2 7810 EDEN PRAIRIE SCHOOL OISTRICT #272 SUPPLIES-CITY HALL 111.75 7811 EDENVALE GOLF COURSE INSTRUCTOR-GOLF CLASSES/FEES PAIO 1969.00 7812 ELVIN SAFETY SUPPY INC -CHEMICAL GLOVES/10 CHEMICAL DUST 52.55 CARTRIDGES FOR MASK-WATER DEPT • 3 EMERGENCY SERVICE SYSTEMS INC WIRE NEW SQUAD CARS 2017.00 , OOUG EPSTEIN SOFTBALL OFFICIAL/FEES PAIO 288.00 ; 7815 ESS BROTHERS & SONS INC CATCH BASIN-STREET OEPT 270.00 7816 FARMERS STEEL CO IRON-PARK MAINTENANCE 11.44 7817 FEED-RITE CONTROLS INC SULFATE-WATER OEPT 1820.20 7818 FINLEY BROS ENTERPRISES -INSTALL CONCRETE TIMBER-STARING LAKE PARK 6362.00 TREE REMOVAL-FORESTRY OEPT bj'' 7819 FIRE CHIEF MAGAZINE SUBSCRIPTION-FIRE OEPT 17.00 7820 FIRE INSTRUCTORS ASSN OF MINN BOOK-FIRE OEPT 12.95 7821 FIRE RESEARCH CORPORATION 2 SAFETY BARS FOR FIRE TRUCK 346.65 7822 JAN FLYNN MILEAGE 59.25 7823 WARREN FULTON REFUND-EXERCISE CLASS 34.00 7824 G L CONTRACTING INC REPAIR WATER LEAK-TARN CIRCLE & LEESBOURGH 1124.20 7825 GLW OISTRIBUTING SUPPLIES-LIQUOR STORES 116.40 7826 G S PRODUCTS INC CLEAN NEW BUILDING GARAGE FLOOR 80.00 7827 MEGAN GARTNER REFUNO-SWIMMING CLASSES 6.75 7828 VIRGINIA GARTNER REFUNO-FITNESS CLASS 5.00 7829 GENERAL COMMUNICATIONS INC RADIO REPAIR & PARTS 1031.76 7830 GLIODEN PAINT PAINT-PARK MAINTENANCE 235.20 7831 GOPHER SHOOTERS SUPPLY CO INC BLANK AMMUNITION-POLICE OEPT 20.58 7832 GREENKEEPER INC SPRINKLER SYSTEM-FIRE OEPT 1500.00 7833 HACH TEST KITS-WATER OEPT 383.98 7834 JACK HACKING EXPENSES 3.32 7835 BECKY PLOWMAN-HAHN INSTRUCTOR-TENNIS CLASSES/FEES PAIO 2114.00 7836 HALE COMPANY INC -INSTALL FUEL TANK FOR EMERGENCY GENERATOR 2094.00 1 P/S & PW BUILDING <./ HENNEPN CO-OPERATIVE SEED EXCHANG FERTILIZER-GARDEN PLOTS 167.10 7838 HENNEPIN COUNTY TREASURER APRIL BOARO OF PRISONERS 2727.71 7839 HENNEPIN COUNTY TREASURER APRIL TREE OEBRIS-FORESTRY OEPT 50.00 7840 SHERIFFS OEPARTMENT-HENNEPIN COUN RADIO REPAIR & PARTS-POLICE OEPT 163.74 7841 HENNEPIN TECHNICAL CENTERS SCHOOL-FIRE OEPT 150.00 7842 JOHN HOLOEN REFUNO-FITNESS CLASSES 13.60 7843 MICHAEL W HOLMQUIST HOCKEY OFFICIAL/FEES PAIO 168.00 7844 HOLMSTEN ICE RINKS INC PLEXAGLASS-ICE ARENA-COMMUNITY CENTER 280.00 7845 INTERNATIONAL CITY MANAGEMENT ASS DUES-MANAGER 314.00 7846 DOROTHY JACKSON INSTRUCTOR-DOG OBEOIENCE II/FEES PAIO 150.00 7847 JEWELL NURSERIES INC TREES-FORESTRY DEPT 309.00 7848 DAVIO JUKAM REFUND-SWIMMING CLASSES 3.50 7849 CARL JULLIE EXPENSES 19.55 7850 JUSTUS LUMBER COMPANY LUMBER-FIRE OEPT 171.03 7851 PAULINE KACHER INSTRUCTOR-CREATIVE OANCE/FEES PAIO 144.00 7852 TOM KEEFE SOFTBALL OFFICIAL/FEES PAIO 120.00 7853 KELLOGS LEBOOY SHOP INSTRUCTOR-EXERCISE CLASS/FEES PAIO 356.00 7854 KELLY SERVICES INC PART TIME EMPLOYMENT-POLICE OEPT ®,,...p 310.00 7855 KEYS WELL ORILLING CO MAINTENANCE FOR PUMP #1-WATER OEPT6P'°` 3302.75 7856 LOIS KING REFUND-SWIMMING CLASSES 11.00 7857 KEVIN M KOHLS SOFTBALL OFFICIAL/FEES PAIO 240.00 7858 .KOKESH ATHLETIC & GOLF SUPPLY BASEBALL LINEMARKERS-PARK MAINTENANCE 189.95 j 7859 KUSTOM QUALITY ELECTRONICS RAOAR REPAIR-POLICE OEPT 285.36 7R60 LAKELAND ENVELOPE COMPANY INC ENVELOPES-ASSESSING OEPT 95.74 'r 0182901 1 7861 LAND CARE & EQUIPMENT CO BLADE GRINDER-PARK MAINTENANCE 2 5.00 00 7862 SHARON LENDT REFUND-SWIMMING CLASSES 7863 LINHOFF COLOR PHOTO LA8 INC CHAMBER OF CDMMERCE SLIDE SHOW 2902.08115.50 7664 LOGIS APRIL SERVICE MACQUEEN EQUIPMENT INC -CABLE/DIRT SHOE RUNNERS FOR SWEEPER/GATE 926.08 VALVE-SEWER DEPT' 7866 PAT MARRIOT REFUND-EXERCISE CLASSES 25.D0 7867 ROBERT MARTZ JUNE EXPENSES 170.35 7868 JAMES MATSON EXPENSES-POLICE DEPT 10.00 7869 GIVEN MAUE REFUND-SWIMMING CLASSES 23.00 7870 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 5/27/83 213D2.B8 7871 COMMISSIONER OF REVENUE PAYROLL 5/27/83 , 8231.18 7872 FEDERAL RESERVE BANK PAYROLL 5/27/83 15595.47 7873 UNITED WAY OF MINNEAPOLIS PAYROLL 5/27/83 71.50 7874 GREAT WEST LIFE ASSURANCE CO PAYRDLL 5/27/83 2812.00 7875 MINNESOTA STATE RETIREMENT SYSTEM PAYROLL 5/27/83 65.OD 7876 AETNA LIFE INSURANCE & ANNUITY CO PAYRDLL 5/27/83 108.00 7877 PERA PAYROLL 5/27/83 15872.57 7878 PAUSTIS & SONS WINE 178.35 7879 JOHNSON BROTHERS WHOLESALE LIQUOR LIQUOR 1973.74 7860 EAGLE WINE COMPANY WINE 80.44 7681 ED PHILLIPS & SONS CO • WINE 1289.72 7882 LIGHTNING TRUCKING FREIGHT CHARGES-LIQUOR STORES 183.7930.60 7883 CAPITOL CITY DISTRIBUTING CO INC WINE 1112.52 7884 TWIN CITY WINE CO WINE 1927.95 78B5 OLD PEORIA COMPANY INC LIQUOR 1129 95 7866 GRIGGS COOPER & CO INC LIQUOR58.41 7887 MCGLYNN BAKERIES SUPPLIES-FIRE DEPT .841 7888 MARY MCKINNEY REFUND-EXERCISE CLASSES 8 d TARA MCMICHAEL REFUND-SWIMMING CLASSES 6.49 D0 iu.40 MEDICAL OXYGEN & EQUIPMENT CO INC -5 OXYGEN CYLINDER/5 OXYGEN NONFLAMMA8LE 538.OD GAS-FIRE DEPT 7891 CAROLE MEIDENGER REFUND-EXERCISE CLASSES 2.50 7892 MERIT/JULIAN GRAPHICS PRINTING-BUILDING DEPT 161.47 7893 METROPOLITAN AIRPORT COMMISSION 1983 LAND RENTAL-FLYING CLOUD FIELDS 225.0055 7894 METROPOLITAN FIRE EQUIPMENT OIL-FIRE DEPT 59 10 7895 METRO FONE COMMUNICATIONS INC JUNE PAGING SERVICE 1000.00 7896 METROPOLITAN LOSERS GROUP SERVICE 24824.25 7897 METROPOLITAN WASTE CONTROL COMMIS APRIL SAC CHARGES 46795.27 7898 METROPOLITAN WASTE CONTROL COMM JUNE SEWER SERVICE 7699 MIDLAND PRODUCTS COMPANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 122.70 7900 MILLER/DAVIS COMPANY FORMS-ASSESSING & ENGINEERING DEPT 35.2046.80 79D1 MINNEAPOLIS STAR & TRIBUNE CO AD-COMMUNITY SERVICES 7902 MINNESOTA FIRE INC AIR TANK PARTS-FIRE DEPT 441.94344 .94 7903 MINNEGASCO SERVICE 7904 MINNESOTA GAS COMPANY SERVICE 4007.35007.35 7905 MINNESOTA TREE INC TREES-P/S & P/W BLDG 35.25 7906 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE . 2429.25 7907 MINNESOTA VALLEY WHOLESALE INC TREES-FORESTRY DEPT 7908 MINNESOTA WANNER COMPANY 75 FT OF 1 IN HOSE/75 FT OF 3/4 IN HOSE 749.34 7909 THE MIRROR PLACE INSTALL SHOWER DOORS-P/S BUILDING 469.22 7910 MOTOROLA INC C&E COMMUNICATIONS CENTER-P/S BUILDING 11776.00 7911 NATIONAL ARBOR DAY FOUNDATION SIGNS-FORESTRY DEPT 96.0537 7Q12 NATIONAL FIRE PROTECTION ASSOC BOOKS-FIRE DEPT 1,604247 7913 NATIONAL RECREATION & PARK ASSOC DUES-COMMUNITY SERVICES 110.00 7914 JERRY NEEDHAM INSTRUCTOR-DOG OBEDIENCE/FEES PAID 150.00 7915 GREGG NELSON TRAVEL INC EXPENSES-POLICE DEPT 418.00 7916 NEW CONCEPT HOMES REFUND-BUILDING PERMIT 1640.90 7917 NORTHERN STATES POWER COMPANY -RELOCATE TRANSMISSION LINE TOWER-PRAIRIE 11468.05 CENTER DRIVE ,..8 NORTHERN STATES POWER CO SERVICE 21979.15 7919 NORTHERN STATES TOWER SERVICE INSTALL BASE FOR RADIO TOWER-P/S BUILDING 1200.00 7920 NORTHWESTERN BELL TELEPHONE CO SERVICE 1369.26 7921 HOPKINS POSTMASTER POSTAGE FOR DISTRICT #1 UTILITY BILLS ' 238.03 ; 7922 DWAINE E VOAS REFUND-SPECIAL INTEREST PROGRAMS 9.00 7923 KATHRYN WEBER REFUND-DOB OBEDIENCE 5.00 7924 TOM 0 BRIAN SERVICE 12.00 7925 VERNA 0 BRIEN REFUND-EXERCISE CLASSES 2.50 7926 OFFICE PRODUCTS INC RIBBONS-PRINTER 25.60 7927 OLIN WATER SERVICES POLYMER-WATER DEPT 5238.85 7928 PAULINE OLSON EXPENSES-POLICE DEPT 7.99 7929 PARK AUTO UPHOLSTERY REPAIR CAR SEAT-POLICE DEPT 65.00 7930 MARYANN PARKER INSTRUCTOR-YOGA/FEES PAID 156.00 7931 PATCO COMPANY LOG CHAINS-WATER DEPT 59.90 7932 PENN AUTO PLAZA AMC/JEEP RENAULT DOOR HANDLE-PARK MAINTENANCE 16.56 7933 PATRICK PEREZ SOFTBALL OFFICIAL/FEES PAID 231.50 7934 CONNIE L PETERS MILEAGE-COMMUNITY CENTER 15.75 7935 PHOTOS INC CHAMBER OF COMMERCE SLIDE SHOW 347.50 7936 PITNEY BOWES POSTAGE MACHINE 3275.00 7937 POMMER MFG CO INC PLAQUES/TROPHIES-RECREATION DEPT/FEES PAID 82.05 7938 POWER BRAKE EQUIPMENT CO 9 MIRROR HEADS & BRACKETS-STREET DEPT 116.19 7939 PRAIRIE LAWN & [ARUM TILLER-PARK MAINTENANCE i146.81 7940 PRAIRIE OFFICE PRODUCTS INC OFFICE SUPPLIES-COMMUNITY CENTER & POLICE 32.13 7441 PRAIRIE OFFSET PRINTING INC PRINTING-COMMUNITY CENTER 132.50 2 PUMP & METER SERVICE INC REPLACE BROKEN GAS HOSE ON PUMP-STREET DPT 50.00 ,,43 MARY QUINLIVAN REFUND-EXERCISE CLASSES 2.50 7944 R & R SPECIALTIES INC SHARPEN ZAMBONI BLADES-COMMUNITY CENTER 79.80 7945 RICK RABENORT EXPENSES-POLICE DEPT 112.84 7946 ROCHELLE RASSMUSSEN REFUND-SWIMMING CLASSES 11.00 7947 CITY OF RICHFIELD 2ND QUARTER DISPATCHING SERVICE-POLICE DPT 7625.00 i 794E RIEKE-CARROLL-MULLER ASSOC INC SERVICE-CARDINAL CREEK 3RD ADDITION 1450.12 7949 ROAD RESCUE INC RESCUE EQUIPMENT-PUBLIC SAFETY 64.00 7950 MARY ROBERTS EXPENSES-COMMUNITY CENTER 7.80 7951 ROBERTS DRUG SUPPLIES-POLICE DEPT 11.20 7952 ROBERTS LITHO INC PRINTING-SPRING BROCHURE 4146.67 7953 GAYLE ROETTGER REFUND-EXERCISE CLASSES 2.50 7954 SANDY SSAHU REFUND-SWIMMING CLASSES 8.25 7955 MIKE SALENTINE HOCKEY OFFICIAL/FEES PAID 72.00 7956 WAYNE SANDERS EXPENSES 20.00 7957 KATHY SCHUMACHER TESTS-POLICE DEPT 50.00 7958 W E NEAL SLATE CO MARKER BOARDS-POLICE & COMMUNITY CENTER 1261.95 7959 CHARMAYNE SLETTEN INSTRUCTOR-KIDS KORNER/FEES PAID 366.76 796D SON OF A PRINTER INC REPORTS PRINTED-POLICE DEPT 76.36 7961 SOUTHWEST SUBURBAN PUBLISHING INC AD-SENIOR CITIZENS CENTER 13.20 7962 SPECIALTY SCREENING . SQUAD CAR LETTERING-POLICE DEPT 84.80 7963 STANDARD SPRING COMPANY REPAIR SPRINGS FOR SQUAD CARS 32.20 7964 CRAIG STANTON SOFTBALL OFFICIAL/FEES PAID 240.00 7965 VERNON STEPPE WIRE CEILING FANS & OUTLET-FIRE STATION 312.34 67251 JOYS ' 7966 STOREFRONT YOUTH ACTION STOREFRONT YOUTH ACTION 2000.00 7967 MONTY STUHLER • SOFTBALL OFFICIAL/FEES PAID 24.00 7968 DAVID STUTELBERG SOFTBALL OFFICIAL/FEES PAID 120.00 7969 SUBURBAN CHEVROLET CO CARBURATOR/CHOKE PULL OFF/FLOAT/ROTOR/ 491.20 -REPLACE ALTERNATOR/REPLACE WASHER PUMP POLICE DEPT 7970 BRIAN SULLIVAN BASKETBALL OFFICIAL/FEES PAID 216.00 7971 STEPHEN SULLIVAN MILEAGE 108.00 7972 SULLIVANS SERVICES INC SERVICE-RESEARCH ROAD 50.00 7973 SUPREME SALES COMPANY INC MATTRESSES FOR JAIL-P/S BUILDING 296.93 - 7974 CARRIE TIETZ MINUTES-PARK & RECREATION COMMITTEE MTG 31.50 7975 EILEEN TOOMBS REFUND-BABY CLASSES 6.32 7976 TRACY OIL CO INC FUEL-STREET DEPT ' 8780.00 7977 TRANSPORT CLEARINGS FREIGHT CHARGES-FORESTRY DEPT 33.00 797B ULTRA HOMES REFUND-BUILDING PERMIT 273.90 7979 VALLEY ELECTRIC MOTOR SERVICE REMOVE MOTOR & PUMP-COMMUNITY CENTER 250.20 7980 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS-COMMUNITY CENTER 121.83 7981 VAUGHNS INCORPORATED FLAG POLE & FLAG-P/S BUILDING 1038.00 7982 CRAIG VICK SOFTBALL OFFICIAL/FEES PAID 48.00 7983 KEITH WALL EXPENSES 53.27 7984 JIM WALTER PAPERS COLORED PAPER-COMMUNITY SERVICES 164.70 7985 SANDRA WALTERS REFUND-FITNESS CLASSES 10.00 7986 JULIE WANQUIST EXPENSES-POLICE DEPT 77.00 7987 BECKI WARNER MILEAGE 25•00 7988 WATER PRODUCTS COMPANY -FIRE HYDRANT FLUSHING ELBOWS/HOSE-WATER 526.49 DEPT/PIPE-CULVERT 79R9 SANDY WERTS MILEAGE 16.45 7990 JOE WIETHOFF SOFTBALL OFFICIAL/FEES PAID 404.75 7991 JAY WILSON & ASSOCIATES INC REFUND-CONTRACTORS LICENSE 15.00 "92 XEROX CORPORATION SERVICE 2149.45 '3 STACY YOUNG INSTRUCTOR-EXERCISE CLASSES/FEES PAID 170.00 7994 ZIEBART OF MINNESOTA INC RUSTPROOF UTILITY TRUCK-WATER DEPT 207.00 7995 ZIEGLER TIRE SERVICE 3 TIRES-STREET DEPT 229.85 7996 ZIEGLER INC -REPAIR FRONT END ON GRADER/PINS/BEARINGS 2612.49 EQUIPMENT MAINTENANCE 2055033 $4.56450.14 I . June 7, 1983 CASH DISBURSEMENTS BY FUND NUMBER 10 GENERAL 255711.56 11 CERTIFICATE OF INDEBT 4246.00 15 LIQUOR STORE/PRAIRIE VILL 18981.43 17 LIQUOR STORE/PRESERVE 17293.08 30 CASH PARK FEES 325.00 31 PARK ACQUIST 6 DEVELOP 347.76 ' 36 PS 6 PW BOND FUND 7190.14 45 UTILITY DEBT FUND ARB 400.00 51 IMPROVEMENT CONSTRUCTION 2152.02 57 ROAD IMPROVEMENT CONST FU 399.70 73 WATER FUND 27942.85 77 SEWER FUND 73276.31 81 TRUST 6 ESCROW FUND 202.90 90 TAX INCREMENT FUND 47981.39 $456450.14 • • 1031 • MEMORANDUM TO: Carl Jullie, City Manager THRU: Bob Lambert, Director of Community Services FROM: Jan Flynn, Human Services Coordinator DATE: June 3, 1983 SUBJECT: Recommendations by Human Rights G Services Commission on Deferment of Special Assessments for Disabled • The Human Rights and Services Commission and the staff recommends the following: 1. If a person can determine the existence of a hardship and qualify under the defined guidelines of senior citizen or disabled person, they should be granted a special assessment deferral. 2. There should be one classification when defining disabled. This would • include any type of disability and/or blindness that the County recognizes under their 3CC disability classification. 3 Some type of form or record should be designed by the City of Eden Prairie for applicants to fill out for verification of hardship. It should further be the responsibility of the applicant to apply or reconfirm this informa- tion yearly before a deferral will be granted (see attached example from City of Champlin). • In changing Resolution No. 82-204 it was recommended to add the definition of dis- abled from the Minnesota Statute 435.193 to the first paragraph after: a "person 65 years of age or older" and include "or a person retired by virtue of a permanent • and total disability." on January 1.... This would also he added in the "Be it Resolved" section after 65 years of age or older. Under the "Be it Resolved" section the following condition be added: . Any person retired by virtue of a permanent and total disability must qualify for 3CC classification for property tax purposes. The 3CC is a criteria requirement by Hennepin County to apply for disabilities for property tax purposes. This classification is acquired by applying to the County. They then have an agency that determines if they qualify as disabled or blind and Hennepin County then confirms it. This is marked, I believe, on our assessment files. I spoke with Judy Baker, 348-3046, who works with blind homesteads. By including the 3CC classification, the disability eligibility is handled by an- other agency other than the City. JF:md • • CITY Of CHAMPLIN APPLICATION FOR DEFERRAL OF SPECIAL ASSESSMENTS (Due October 15 - to be effective for following year) • NAME PHONE ADDRESS I, (WE), the undersigned, herewith furnish the following financial information to the City of Champlin to be used in evaluating my (our) request for deferral of Special Assessments levied against my (our) property. I (WE) understand that deferment of annual installments is possible if the average of such installments is in excess of 2-1/2% of our current annual family (household) income. So that the City of Champlin might evaluate the above request, I (WE) list below the amount of money my (our) household receives each year from all sources: (How much income is received and who receives it?) • KINDS OF INCOME HUSBAND l WIFE MEMBERS Of FAMILY RECEIVED WHO LIVE WITH YOU 1. Salaries and Wages $ $ • 2. Social Security - 3. Veteran's Benefits 4. Other Retirement 5. Money from Rents 6. Unemployment Insurance 7. ' Workmen's Compensation 8. Oisability Benefits • Stock Dividends 9. or Interest 10. All Other Totals • • I (WE) have read the foregoing statements and the answers made, and under penalties of perjury, declare them to be true and correct to the best of my (our) knowledge and belief. Witness Signature of Applicant Witness Signature of Applicant Y • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. R80-111 A RESOLUTION RELATING TO DEFERMENT OF SPECIAL ASSESSMENTS FOR SENIOR CITIZENS WHEREAS, M.S.A. 435.193 through 435.195 authorizes the City of Eden Prairie, upon receipt of proper application, to defer the payment of special assessments against any homestead property owned by a person 65 • years of age or oldep on January 1 of the payment year and for whom it . would be a hardship to make the payments; and WHEREAS, M.S.A. 5444.22 through S444.24 authorizes the municipality to determine the limits of the term "hardship" within the scope of the law; and WHEREAS, M.S.A. 5444.23 authorizes the municipality to establish an interest rate to be added to the deferred assessment- which shall be payable in addition to the deferred assessment. NOW THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL, that special assessments against any homesteaded property owned by a person 65 years of age or older end for whom it would be a hardship, as defined hereinafter, to make the payments be deferred subject to the following conditions: 1. Submission of an appropriate application to the City Engineer's office signed by the qualified property . owner, no later than Nov. 10th of the year preceding the payment year. 2. Any homesteaded property with an assessor's market value in excess of $130,000 shall not qualify. 3. Assessments pending or levied against a parcel prior to ownership by the applicant shall not be eligible for deferment. 4. A hardship shall be determined to exist if the total combined annual household income of husband and wife • is 9,ODO'or less: 5. Deferred interest at the rate for that particular assessment shall be added to the deferred assessment, but not exceeding 50% of the original assessment amount. 6. Mu .iRle dwelli_r2complexes designed and organized for retirement living exclusively sha11not be eligible for deferment unless specifically auth _orized by the City Council. l:�ei13 •_l'-) / r BE IT EURTHER RESOLVED, that the right of deferment is automatically terminated per 435.195 if: / ., A. The owner dies and the 'spouse is not, otherwise eligible. B. The property or any part thereof is sold, transferred, or • ' subdivided. C. The property should lose its homestead status. D. If for any reason the City determines that the taxpayer is no longer in the hardship category. . ADOPTED by the Eden Prairie City Council on June 3, 1980 ATTEST: • gang H. Penzel, Mayor SEAL • ( 1 John D. Frane, Clerk • • • • • /U/./ll, •`"t') TO: PLANNING COMMISSION FROM: Jean Johnson, Zoning Administrator THROUGH: Chris Enger, Director of Planning DATE: May 20, 1983 RE: DOUGLAS DRIVEWAY EXCAVATION LOCATION: North of US 169/212 Up the Minnesota River Valley Bluff On Sunday, May 1st bulldozers were seen parked adjacent to US 169 at the Douglas property. On Tuesday morning I visited the Douglas property to determine the purpose of the heavy equipment and inform the operators and Mr. Douglas of the City's Sloped Ground Regulations(attached),Inspection of the site showed that 2 bulldozers were working on cutting in a driveway up the bluff to Mr. Douglas's home. The length of the drive is approximately 1000 feet going up grades of 20%. The elevation drop from the top of the drive to the hottnm is 110feet: :The grading operation was reported and discussed with City Staff. On Wednesday morning I was instructed to issue a "Stop Work Order'because Mr. Douglas had not obtained a permit as required by Sec. 11.60 to excavate the area which has slopes over 12% and an elevation difference of more than 30 feet. At about 12:30 PM I delivered the order to the site and both Mr. Douglas and the • operators from Sullivan Services cooperated and ceased grading. It was suggested that staked haybales and stop dams be used to control erosion of the disturbed area until proper review and approval were obtained. These measures were promptly installed. The application submitted by Mr. Douglas depicts a drive with 11/2" redrock surfacing and a 6" crown. Drainage would be directed by the 6" crown to either side of the drive. Graded areas next to the drive would be restored by mulch, seed, sod or fiber blanket. Staff would not recommend the use of sod due to the sandy soil in the area and the high drought potential. Mr. Douglas has received an access permit from the State Highway Department. . This permit required a 50 foot landing area at the base of the slope. The State's restoration requirement of mulch pertains to the area adjacent • to US 169 , not the entire.driveway area. • Other drives up the bluff side in this area are: Norberg's drive to the east which is approximately 1300 feet long, and Mr. Brown's to the west which is approximately 800 feet long and also connects to Dell Road. Area location maps are attached to illustrate these drives. /09 • Douglas Driveway Permit • page 2 • FINDINGS ON THE DOUGLAS DRIVEWAY EXCAVATION 1. Erosion problems after grading can be prevented if restoration by fiber blanket or mulch with seed is immediately installed. 2. If maintained properly, the drive can be functional as judged by existing drives . 3. .Vegetation altered is brush near US 169 and grassland up the bluff. 4. Cutting of a driveway up the slope will be visible from the future Minnesota Wildlife Refuge along the river. 5. Landing area and access to US 169 have been approved by the State Highway Department. 6. Driveway location does not appear to be near the identified Indian mounds along the river bluff. • The Planning Staff recommends approval of the permit contingent upon the following conditions: 1. Work on the driveway and restoration of disturbed areas be • accomplished as quickly as possible to minimize the length of time the area is disturbed. 2. Owner property maintain the driveway to prevent conditions which would lead to erosion. Staff will make periodic inspections and if erosion is present or eminent, immediate stabilization will be required. 3. No future excavation or construction on steep slopes be done by • the owner without first obtaining a permit from the City Council. • JJ:jj IWO • • • • • • • SEC. 11.60. SLOPED GROUND DEVELOPMENT AND REGULATIONS. Subd. 1. Findings and Purpose. The City finds that • development, excavation, or construction on certain slopes within the City may result in the building of unstable struc- tures, increase dangers of erosion and thereby endanger the natural character of the land, and jeopardize the health, safety, and welfare of the citizens of the City. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: 1. *Steep Slopes* - Slopes of over 12% and of elevation difference of 30' or more in a given i.aiuel. 2. 'Development' - Any excavation in excess of SO cubic yards of soil or activity which first requires the procurement of a building or land alteration permit from the City. Subd. 3. Review by Planning Commission and Council of Development on Steep Slopes. A. Development on Steep Slopes. No develop- ment shall be conducted on a steep slope without first receiv- ing a permit therefor from the Council. Approval or rejection of the proposed development shall be obtained In the following manner: 1. Application. Prior to any development on a steep slope, an application for a permit shall be made to the City which shall contain a detailed plan for the develop- ment which sets forth: (a) The time period during which the proposed development is to take place. (b) The soil types which are found on the site of the development.(c) A map showing the topography of the area to be developed. (d) A map showing any alteration in the topography that would result from the proposed development. (e) A description of the soil quality in the area to be developed including permeability of the soil, susceptibility of the soil to erosion, drainage of the soil, distance of the soil from underlying bedrock, sus- ceptibility of the soil to changes in physical volume when • moistened and/or during periods of frost. (f) Information relative to whether the proposed development will cause. and/or be affected by any erosion problems. • (g) A description of any disturbance to vegetation and other natural features that will result from (9-17-92) 359 _...:....ter.......... ..._ :ram. _". • • • the development plus the manner in which the applicant pro- poses to protect vegetation and other natural features that • will not be disturbed.• (h) A copy of all specifications, blueprints and other detaii)d Informationhe relativepto the ade- quacy [or the slope conditions and soil type of the foundation and underlying material af ny ads. (j) Informmation relative to ture, gothe ade- quacy of controls and protection existing uphill from the . proposed development which are designed edrd[struc otrreshor or roads from being affected by mud, uproots materials. (k) Information relative to the . adequacy of construction of any retaining walls in excess of - 30 feet. (1) Such other inCormlictant either aton as the ' planning Commission shall request from the app dprior or evquent to e initial lopment of the proposed by the Planning Commission. 2. The Planning Commission and the Parks, Recreation and Natural Resources Commission shall review and make a recommendation to the Council as to whether the permit I. should be issued or denied. 3. The Council may then authorize or deny issuance of the permit. 4. The review by the Planning Commission • and the final decision by the Council shall be based on con- sideration of the following factors: (a) Whether the application is com • - plete, accurate and in all respects conforms with Item 1 of ' this Subparagraph A. (b) Whether, and the degree to ' which, the proposed development will cause and/or be affected by erosion problems. (c) Whether any structures erected as part of the development will have adequate foundation and underlying material. (d) Whether, and the degree to which, the development will alter vegetation, topography, or other natural features of the Any other factors relating to whether the eroposeddetor meritanim will cause any risk of harm to any persons, property S. If the Council decides to authorize issuance of a permit, it may do so subject to compliance with reasonable conditions which shall bemspecifical y set vs,orth in in the permit. Such conditions may, g other work, re l the the size, kind or character of the proposed construction of other structures, require replacement of (9-17-82) 360 . I(Ads _. . .,....... ... ..._. , . .. ... . , . - ...._. .... ,.. .. . - . -. - . - . „. .. ., .. . . . .. . . _ _ _.. _ _ .• .. . .. . . . . . . . . . -. .. , . ... .• • . -' .....,..'',. .., 114 . , 1...•;.'::::...;:.•.:','';''.:l..',:•!:-..,...-...r.:.'N.:/-',..!•::.,:..-'..-•:'.....:;.:-. ......,..,:,....,',. ........... ... ....„...,.....„...i,.......... ... . ........... 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I ir71 r!_ �''`'ri. koJSJ) , t Phptp 5• (I) '�`'J I 1 • ..„.• > • V:ktl pill/11111 t1.1..j I.1•.. •..i� fiTl a 1, ltaT17' ... nasal i�.4 . •. (uv:Jl o le • l B '��• '°,'~~ . ��' ' er W. '/Z of S.E.I (8030 <•�� I idJBJ) too . • (2� • N,; , 1 (5) :a (ig r•:) • "r • • • d. • 680 ' 1 • P�J . • •. • Y! (sons �,� G *,�, HwY ._..- .CLOUD• s .RNO. . . . _ •_•,t.;. .;:.,, �69— I2 DR: °u. I(�►S �..t„ MRY 141989 S i • PHONES 666.4266 • 8136.1686 ; douglas B farms f 10740 FRANCE AVE. SOUTH. • MINNEAPOLIS. MINN. 55431 • May 11, 1983 1 CITY OFFICIALS OF EDEN PRAIRIE 1 ' 8950 Eden Prairie Road • •• Eden Prairie, MN . On May 2, 1983, we began construction on a private driveway off of Highway 169 to meet the needs of our family. At the tide of purchasing the 13 acres we borrowed the money , and our banker wanted an access coming in from Dell Road. He felt that within time the property would be subdivided and that access off of 169 could not accomodate the increased traffic. The Turnbulles granted a limited access from Dell Road so we constructed a narrow road to get to our property. We made application to build a home and on 6/6/79 fr. Chris Enger felt the building permit could not be issued because cf'the road. I later met with Roger Olsted, Walter Johnson, and Chris Enger at the village hall to discuss road and the home. Roger Olsted said I needed access to 169 according to ordinance # 135 and a . property width of 300 ft. At the time I was the only one using • the road off of Dell Road back to our property, so they felt a • single lane and the usage would be alright. They also said a road would be coming in behind our property and then turning and going west on the existing single lane road. • In the last few years lots have been sold along the single lane road, and variances granted to accomodate new owners. The road being so long and narrow and with the increased usage, has become a constant irritation. During the winter and spring thaw the road at times is impassable, and we can only get in and out with four wheel drive vehicles. I talked with adjacent land owners and they do not want to participate in making the road wider or 1 adding gravel to it. I called our attorney, Mr. Hautman, and questioned him about the responsibility of upkeep, improvement, etc., and he said the only way is`.lbr the city to take over the read. The road has also become dangerous because of large dead elms. which �0 in a short time will be falling down on the road. ' The new access from 169 to a proposed stable and our home is • a short distance in comparison to the long, narrow road behind us. The access off of 169 had been 90r completed when we were informed • that we did not have a right to construct it. I now have a • substantial monetary loss in that construction was halted and 9 equipment removed from the site. We had received the proper paper 1 work from the State of Minnesota and did not realize village oncern had gotten involved in private driveways. We appreciate•ithe your for this new private read to our farm, and are looking forward to getting the problem solved soon. sincerely yours, • I0(P !y'l ;l'' . mml.V r.in'; • May 6, 1983 Terry Douglas Douglas Bee Farm Inc. 10011 Dell Road Eden Prairie, Minnesota 55344 • 1. .Application a. As soon as possible b. Sandy loan c. Enclosed d. Enclosed • e. • f. Not effected by erosion, because of homeowners proposal to seed, using blankets or mulch, depending on what would be • the best. g. Grass is all that should be distuebed. See above. h. Enclosed i. All soil is good J. k. N/A 1 • ,- • 10°11 • ''' ' , . 1,.... ..7,:f7_,,'S •),,,...,.! i 3' ...3-•• -, .•..,. j\S ----..S./r Ne."iv 0 r .zir 0 1'; 0 :ice _:; i .. ` p1. y ,. 'ter til d 1LS I : f"______ ..„ " ,, 9 4 l, 1 f' 113 AO 444 . )I1� .- v r . ,,,:t . .7-• •• : — ) as ./.< `I 1 j Z......141 1, 0 , --- \ ,. , •:_.,1 2 . ‘ , r-^•z`.•.,\ 1/l/ '`J ` 1 l 1 m /Le,- d_'1 11(•.•i"4-: ,, m g ,� `.1 a•� j• lol NNUY 9'L.L 19, S n 7Nnr O: 4N ; (33dONYHSI y p Tj uY 9 rM 9rN�_ ,, 341 00 = ^• I 1 I i i • • IU°►` • . , ..------------'-'7":„ . I I • . 2,.... C (1.'''..- \\, ..,..........N...... ..:0 • { 1 . • „ >k .-A .'..,:1/4,,......,.....................................„......,,,,L‘ 0::: q. .....--'.....'(\ . `PeeN�>',.P �� awr<y u Cr 1 . MEMORANDUM TO: Mayor and City Council FROM: City Manager Carl J. Jullie SUBJECT: IRB Reserve System, SBA 503 Loan Program, Port Authority, and Minnesota Star City Designation DATE: June 2, 1983 Industrial Revenue Bond (IRB) Reserve System Attached for your reference is certain background information on the Reserve System as provided to us by O'Connor & Hannan. This gives us a general overview of the System and a listing of some pros and cons. Also included is my memo of April 2, 1982 to the Development Commission regarding objectives of the System. The Development Commission has recommended that the Council proceed with implementation of the Reserve System, based upon the guidelines of said April 2 memo. It is recommended that the Council direct staff, with the assistance of O'Connor & Hannan, to prepare a request and advertise for proposals to set up and manage an IRB Reserve System. Thereafter, the step-by-step procedure for establishing the system can be followed as the Council deems appropriate. U.S. Small Business Administration (SBA) 503 Loan Program The attached brochure explains the general nature of this loan program which requires a Certified Development Company in order to process loans. The Development Company may be created by the City, however, recently a State-wide Development Company has been established which can be utilized in lieu of a City Development Company. Thus, it is now possible for an applicant to secure a 503 loan through the State Development Company assuming he has the 50% bank loan arranged plus the 10% injection requirement. It is recommended that staff be directed to visit with local bankers and encourage them to participate in this program. We should utilize the State Development Company in lieu of creating our own in order to save the start-up and ongoing costs of hiring staff to process, close and service the loans, plus providing office facilities. Port Authority The attached articles from the St. Paul Pioneer Press describe the workings of the St. Paul Port Authority. In order for us to create an Eden Prairie Port Authority, it will be necessary to secure permissive legislation at the next session of the State Legislature. State Representative Sidney Pauly attempted to secure such legislation for us this year but the bill it was attached to (one of the Workman's Compensation bills) failed to pass. Upon review of the acitivities of the St. Paul Port Authority, it seems that if we create the Reserve System, the need for a Port Authority is diminished if not eliminated. In effect, the organizational structure of the Reserve System will perform the primary activity of the Port Authority which is to finance a developer's project with a tax exempt bond issue, utilizing reserve funds. Of course, the staff of the St. Paul Port Authority does an extensive effort in marketing the City nationally to prospectige developers, but I question that this would be appropriate for Eden Prairie at the present time. Mayor Penzel suggests that we pursue the required legislation, but defer actual implementation until the timing is appropriate. I ii', Mayor and City Council - 2 - June 2, 1983 Minnesota Star Cities Program Tim Pierce, Chairman of the City's Development Commission, and I recently attended the 1983 Minnesota Star Cities Conference. Attached is a general description of the Star Cities Program and a listing of the requirements a city must meet to receive such designation. Many of these requirements have already been met through the efforts of the Chamber, with help from City staff in preparation for the recent Commerce and Industry Day. I do believe, however, that in order for the Star Cities Program to be really effective and on-going, it will be necessary to hire a staff person, knowledgeable in real estate marketing and financing. We cannot depend completely on volunteers, such as the Development Commission or Chamber committees, to take on this sizeable task. The City of Coon Rapids was designated as a Star City in 1982. They have hired a full-time staff person as the "Economic Development Coordinator" for the City and he coordinates the business recruitment effort and provides staff support for the Coon Rapids Development Commission. It is recommended that the Council direct staff to pursue the goals and strategies of the Minnesota Star Cities Program as possible, without additional City staff, with the expectations that we will gain the Star Cities designation at such time that the City's budget process allows the addition of sufficient staff to achieve and maintain such designation. CJJ:jp I IIJI • OVERVIEW OF GENERAL RESERVE SYSTEM The following is a description of the General Reserve System, or simply, the System. The primary purpose of the System is to secure the prompt and timely payment of all bonds issued under it. These bonds are called General Revenue Bonds and in almost every case will be industrial development bonds issued by the City under Minnesota Statutes, Chapter 474, for the purpose of providing tax exempt financing for selected commercial, industrial, and other eligible projects in the City. Bonds issued under the System are more secure than bonds not issued under the System because (1) the System is a pooled security device, (2) before any series of bonds is issued, there must be deposited into the System, to be held in reserve while those particular bonds are outstanding, an amount approximately equal to one year's debt service on those bonds, and (3) there is an additional debt service reserve, called the IDB Account, which must be maintained at a level of at least 10% of all bonds outstanding under the System. • In assessing the System, it is useful to contrast the security for an industrial development bond issued under the System with the security for one not issued under the System, and thus standing alone. A typical issue of industrial develop- ment bonds would be secured by the promise of the borrowing company to make payments under a loan agreement with the City. Those payments, if made on time, would be sufficient to pay the principal and interest on those bonds. The bonds would also likely be secured by a mortgage on the project which the company built with those bond proceeds. In this situation, if the company goes bankrupt or is otherwise unable to make its loan repayments, the bondholders can look only to the mortgaged property for satisfaction of the principal and interest that is due to them on their bonds, and this security is very unlikely to make the bondholders whole. In short, these bondholders are more at risk of losing some or all of their investment in the bonds. By contrast, all General Revenue Bonds are on a parity with one another, and no funds in the System are specifically ear- marked or reserved for a particular series of such bonds. Be- cause all funds in the System are so pooled, they are available to shore up deficiencies when and where needed,. Thus, if the System contained a number of bond issues, even if one company participating in the System were unable to make its lease pay- ments, the other, pooled assets of the System would be available to pick up the slack to avoid a default on the particular bonds issued to finance the defaulting company's project. To the Ilea extent that holders of these bonds are less at risk, due to the funding strength and flexibility of the System, they will be willing to take a lower rate of interest on their invest- ment, and thus the City is in a position to offer financing for development which is more attractive than can be offered outside of such a System. Every company which receives financing under the System must do the following: • (1) Enter into a Revenue Agreement with the City. In almost every case, this well be a Lease, but it could be a loan agreement or a similar agreement. (2) If the Revenue Agreement is a Lease, the City will take title to the entire project. (3) Make a deposit (usually out of bond proceeds) of a reserve amount roughly equal to the maximum annual debt service on the particular series of bonds which are financing the project. The company will eventually get credit for this deposit at the end of its Lease. The rentals which any company will pay under its Lease will be sufficient, if paid on time, to pay when due the principal and interest on the General Revenue Bonds issued to finance the company's project. Lease payments, or rentals, will be made monthly, and principal and interest payments on General Revenue Bonds will be semiannual. As mentioned above, the City will own each facility until the General Revenue Bonds j. which financed it are paid off, or at least until sufficient moneys have been paid under the particular Lease to pay those bonds when they become due. When that occurs, the company will assume full ownership of the project. No facility can be mortgaged under this program, but because the City is the owner and lessor of each project, in the event of a default, it can evict the tenant company much more quickly and inexpensively than it could if it were foreclosing a mortgage. This gives the City quick access to the System assets, whether for sale or re-lease, further strengthening the System. The System has two main financial components: The Common Bond Fund.and the IDB Account. The Common Bond Fund consists of three accounts, namely, the Debt Service Account, the Common Reserve Account, and the Administrative Fee Account. The Debt Service Account is where the bulk of all Lease payments are deposited (remember that if every participant in this System pays its rent on time the amounts in the Debt Service Account alone will be sufficient to pay debt service on all General Revenue Bonds when due) . 2 1/0?) The second part of the Common Bond Fund is the Common Reserve Account. This is where all of the reserve deposits are kept. If no company ever defaults upon its rental payments, . these reserve deposits will never be touched, except that each one will be credited to each compa,hy against the last rental payments coming due under its Lease. The third part of the Common Bond Fund is the Administra- tive Fee Account, where the City's administrative fees for the program are deposited. These fees are typically a nominal charge per month per $100,000 of bonds, and each company pays that amount as additional rent under its Lease. The funds in this account are also available to make up any deficiency in the Debt Service Account, but funds are kept in the Administra- tive Fee Account for only thirty days, after which the City will take the money for its administrative costs in running the System. Standing behind the Common Bond Fund is the IDB Account. This IDB Account exists for no other purpose than to back up the Common Bond Fund, and in the event that the moneys on hand in the Common Bond Fund are insufficient to pay uwh,�en�due re ,debt tiseser- vice on outstanding General Revenue bonds, - ely transferred from the IDB Account for this purpose. Aside from setting up the System, the City's principal participation comes l in funding the IDB Account. No new series of General Revenue Bonds can be issued under the System unless, on the date of the • issuance of those bonds, there are funds in the IDB Account in an amount at least equal to ten percent of the face amount of , the new bonds and all other General Revenue Bonds outstanding under the System on that date. So, for example, if the first a series of bonds under the System were issued in the amount of $1,000,000, the City would be required to have already deposited j at least $100,000 in the IDB Account. Funding for the IDB Account can come from a variety of sources, including tax increments and tax increment bond proceeds, and while funds in the IDB Account are and remain municipal funds, they must be preserved intact for the benefit of holders of General Revenue Bonds as long as any s such bonds are outstanding, and, .in the event of serious default and collapse of the System, would be paid out to those bondholders. i On any given date for payment of principal and/or interest on any outstanding General Revenue Bonds, all funds in the Common Bond Fund are available for such pnrpose, and to the extent those funds are insufficient, the funds in the IDB Account are available as well. Such debt service payments are to be made initially from the Debt Service Account; if those funds are insufficient, then from the Administrative Fee Account; if those funds are insufficient, then from the funds on hand in the Common Reserve Account; and finally, if the funds on hand in those three accounts, that is, in the Common Bond Fund as a whole, are insufficient, then from the IDB Account. 3 110+4 An example may help to clarify the working of the System. Suppose in five years there are ten companies using the System. Suppose also that one of those companies goes bankrupt and is j. . unable to make any further rental payments under its Lease. All of the ether nine companies have been and continue to be making timely rental payments. Because of the default, at some future point the Debt Service Account of the Common Bond Fund will be insufficient to pay all debt service. However, at that time, no, General Revenue Bonds, not even the specific bonds issued for the benefit of the bankrupt company, will go into default because the defaulting company has also placed in the Common Reserve Account approximately one year's debt service on the General Revenue Bonds issued to finance its facility. These funds will be used first to make up any defi- ciency. However, there also remain in that Common Reserve Account nine other reserve deposits (one for each of the other nine companies in the System) which are also available to keep current the debt service on the defaulting company's bonds or on any other General Revenue Bonds. Finally, there is the IDB Account backing up the Common Bond Fund as a whole. This then is a general description of the security which the System provides for all General Revenue Bonds. Attached as Exhibit A is a chart showing the structure of and flow of funds within the System for each series of bonds issued under it. Of r" course, only the documents which create the System and govern the bonds issued under it and the transactions incidental to ' such bonds, including the Leases, can give a complete picture of the System. O'CONNOR & HANNAN 3800 IDS Tower 80 South Eighth Street Minneapolis, Minnesota 55402 (612) 343-1200 • jlL Exhibit A GENERAL RESERVE SYSTEM Issues Funds CITY Series of , General Revenue Bonds • to Bondholders (build for to Project } Lease Company fi ' Semiannual payments of Monthly bond principal Rent and interest Reserve Deposit COMMON BOND FUND • Debt Service ( Account Administrative !` Fee Account • u Common • Reserve IDB Account of General Account Reserve Fund (Backs up Common Notes Bond Fund) 1. Each Company will make its own Reserve Deposit when its bonds are issued, usually out of bond proceeds, and will receive credit for such Deposit against its Lease payments last coming due. ?. 'Earnings on investment_ of amounts held in the Debt Service Account and the 'Administrative Fee Account will annually be transferred to the IDB Account. 1. Each Company will annually receive credit against its required Lease pay- lents of earnings from investment of its Reserve Deposit, up to the effec- iye interest rate on the bonds issued to finance that Company's project. Earnings in excess of such amount will annually be transferred to the IDB Account. I. Amounts held in the Administrative Fee Account will be transferred to the City, as reimbursement for its administrative expenses, every 30 days. • MAR 91983 • INDUSTRIAL REVENUE BOND (IDB) RESERVE SYSTEM Advant.aies to City: 1. Provides an opportunity for long-range economic develop- ment of community; 2. Provides an active, rather than reactive, role in working relationships with potential developers and seekers of • municipal assistance; 3. Provides a variety of financial tools from which to select appropriate methods of assisting desirable de- • velopment; 4. Enhances the community's competitive position among municipalities for attracting desirable development; 5. Provides sufficient funds to the City to pay for economic development staff to administer the program; 6. Provides a source of funding for related development activities of the City; 7. Provides a vehicle by which the City can share in the • economic benefit derived by development created through municipal assistance; { 8. Provides a vehicle by which the City is able to affirma- tively market its economic attributes and quickly respond to desirable development requests that would provide pub- lic benefit to the community; • 9. Provides a method of assisting small and new local busi- nesses which traditionally contribute the highest amount , of local employment and tax base to the community; 10. Provides an economic base to municipal finance to assist in shifting the economic burden from property taxes. Advantages to the Developer: • 1. Provides lower cost financing for the establishment, expansion or rehabilitation of existing or new businesses; 2. Provides a predictable and known system for processing financing requests within a minimum period of time; 3. Provides a system by which companies with established credit ratings can assist small and new companies at the same Lime they arc receiving financial benefit; ►10O • - 2 - 4. Provides assurance to developers that the community is committed to long-range economic growth; 5. Provides assurances that a company will be part of a continuing attractive and healthy economic environment; 6. Provides assurances that the public/private working re- lationship will be open and mutually supportive; 7. Provides a method of tailoring public financial assis- tance to the unique needs of an applicant; 8. Provides a comfort level of assurance that on-going assistance is available for future expansion plans whether the tax exemption status of cities is available for "private financing" purposes or not. (Once a secur- ity pool is created, the same fi;14ncing benefits can be derived from taxable bonds.) 110 • O'CONNOR & HANNAN • MEMORANDUM DATE: February 1, 1982 To: Carl Jullie, John Frane • FROM: Arlin Waelti SUBJECT: Questions to be Addressed in Memorandum to City Council • Following are some of the questions that we frequently are asked when we are explaining the IDB Reserve System. This is intended merely to assist in the thought process of aniticpating questions of the Council. We encourage you to extend the list of questions in order to adequately explore the concept fully. In addition, we encourage you to read the proposal of O'Connor & Hannan to the Minneapolis Community Development Agency, September 28, 1981, which is now being implemented by the City of Minneapolis. Please feel free to request us to frame responses to questions that you may have about the Reserve Program. 1. What is an Industrial Development Revenue Bond Reserve Fund Program? • a. It is a method for creating rated IDB bonds for entities that do not have their own rating. • 2. What are the benefits of having a Reserve Program? a. In today's market, the Reserve is frequently the difference between being able to sell normal term IDB's instead of short term balloon type issues. b. The Reserve assists small or new community-based • companies that would not otherwise be able to obtain financing. c. The Reserve provides financing to encourage rated and larger companies to locate in Eden Prairie. d. it provides a competitive advantage to the community over other communities in the area in attracting business. e. it provides a vehicle by which the City is able to plan and assist in the economic development of the City. f. It provides a source of revenue to the City for carrying out the City's economic development policies. Carl Jullie, John Frane . February 1, 1982 Page 2 • g. It provides the City with the ability to carry out social programs. h. It may be one of the few ways IDB's can be issued if the Reagan/Senate policy on IDB's prevails. 3. What are the disadvantages of the Reserve Program? a. Staff is needed to manage and operate the Program. b. Front-end planning is necessary in (1) determining the long-term economic development goals of the City, (2) establishing a City policy for the use of IDAs, Tax Increment Financing, and other public incentives of the City, and (3) designing and implementing a system to carry out these goals and policies. c. There is a greater responsibility both on the City and on a managing underwriter to examine closely the users of the system which will be financing non-rated companies. d. There will be an investment of time and energy neces- sary prior to realization of advantage from the Program. e. The sophistication of the system will require trained City staff, capable of operating the Program. 4. Bow long will it take to get the Program operational? How long will it take to realize the advantages of the Reserve System? a. It will take approximately three to six months to j fully develop a structure that meets the needs of the City. • b. The time necessary to realize an advantage from the system will depend largely on the type of initial funding used to establish the Reserve, the types of projects that use the Reserve, and the limitations i the City places on the Reserve. Based on present information, one could estimate that the Reserve Sys- tem would be reducing the interest rate on IDA issues within six months to one year. 5. What types of funding could be used to initially fund the Reserve? a. Initial capitalization could come from IDB insurance 'Ho .. • Carl Jullie, John Frane February 1, 1982 Page 3 • or a letter of credit. b. Other sources of capitalization could come from federal grants, available but unused funds of the City, or tax increment financing. 6. How does the system work? a. A reserve fund, similar to an insurance pool, is estab- lished by the City to provide security to all the IDB bonds issued under the Program. The bondholder looks to the Reserve, rather than the developer, for primary security on the bonds. b. The Reserve provides a second year payment on any bonds in potential default beyond the one year reserve allowed by law. C. The attached diagram shows the manner in which the system works. 7. What is the exposure of the City of Eden Prairie under such a system? • a. The City's exposure is limited to whatever is committed as initial capitalization of City resources. b. Beyond any initial City investment, if so desired, the on-going funding of the Reserve comes from program participation fees, tax increments, interest earnings, land lease payments, excess investment earnings, guaran- tor fees, etc. 8. What is the role of bond counsel and underwriter in such a system? a. A bond counsel is needed to establish the documents securing the Reserve and attesting to its use from issuance of tax exempt financing. Where there is not a use of the Reserve Program, it is not necessary to restrict the use of bond counsel. b. A managing underwriter is advisable, at least until the system is established and secure and City staff is •sufficiently trained, to assist with the structur- ing of the system and advising of City guidelines to minimize risk. • 9. flow would bond counsel and underwriter fees be determined? Carl Jullie, John Frane February 1, 1982 . Page 4 a. The City would require that fee schedules be submitted and approved. • b. The City would require a limited term-of-years contract with a cancellation option and right of renewal. 10. What would be reasonable fees to be charged for these services? • a. The fees would depend on the scope and nature of services rendered. Traditionally, O'Connor & Hannan has agreed . to develop the Reserve System without charge to the City r and then to shift this expense to the developer at the time of issuance of bonds. b. To the extent that City staff can become expert in • operating the system, costs can be minimized. c. Hourly fee schedules for various types of services is ,,,.,�� provided.along with bond counsel fee schedules. Ser- ,.. ,t"' vicing time is recorded and submitted. At the time { of bond sale, costs are pro-rated across the bond issue • .�� so that the borrowers are assuming the service cost. ,it • • , f: • •.5 ° ) H a o N ll E4 H. H " U 0 • rr.3 W W P. W O b e r°1 4 ` a H W z; N r1•.•1 W H r=.o r+1 w• A c ea tu [ oa P U a Hacil Q 'I ).W maa u r a a a -1 id a x)1RH a>' ,4 : d p •w „, . 3 a ac �1,o O H , aH r 0 IV•r1 .1 0 o .• aoi ,t) din 1' • awbmau _'N. • N PI~O A O•.a .�1 HOaWC101E: aUC7'1+ w09 aa /v 0 Z ..\=,, \\4, WI"iN mom' H N L to Et cn k . zZ7. H '� 0ram.0 U \\N H awu a tWUH U a r7a y 0 xoO �* r4.1 ya 8aU k j S. • -� W a H w P4 w T .. ¢ ( yr deo a • N K0Q y • h 7� S� U .•: • 4� d !� i ¢S'x" ' 2t •ti 0 4 A �O,.,x �• �S't,0 OJ O4 6 60 4. o O yaa3 .ti y ul,So 4a U + nse y NhnyO ^b A`4Or� CL- 2 U 4 0 Z b oo o w w H u W u SOD; •uiwpE.%S� w H 5 OH� L! �0 IX in a DI 4 ass �, � a�4k, w H µZj z • £ H(J • a o • " o • 1�1. x H H • • • 10: Development Commission FROM: Carl Jullie DATE: April 2, 1982 RE: Reserve Fund Proposals The subcomnittee of the Commission met to recommend objectives of the Reserve Fund system. The objectives agreed upon are: . City Objectives of Reserve Fund System 1) Provide vehicle to facilitate public issue of Revenue Bonds. 2) Develop increased jobs and tax base for community at faster rate than would otherwise happen so that commercial and industrial values would constitute 25 to 30% of tax base. 3) The Reserve fund system must each year cover administrative costs of City. 4) Encourage smaller business by providing access to credit at lower costs. 5) Provide longer term financing (30 years vs 15 ycars) at more favorable rates than would otherwise be available. 6) Long term potential source of City revenue for purposes such as low income housing financing, parks and other capital purposes. 7) The Reserve fund will have a single bond counsel and a single underwriter._ 8) Traditional IRB methods & vehicles in the City will be kept and used for credits that can stand alone without use of "Reserve Fund System", • 9) Income from Reserve fund will first be used to build the reserve fund to eleminate the letter of credit, and later for City purposes. The R.F.P. will be forwarded to the City attorney for his review and to the development commission for its May 7th Meeting. The Development Commission meeting scheduled for Friday, April 9th has been canceled. 1 • • • • IIIL1 • STEP-BY-STEP PROCEDURE FOR ESTABLISHING IDB RESERVE SYSTEM 1. City passes resolution to establish system and naming pro- fessional entities to structure and manage system. 2. Council appoints committees to establish each of, the fol- lowing: a. Policy Committee - establishes guidelines and para- meters for the use of the system to carry out public purpose goals; (1) This committee is usually composed exclusively of elected officials and coordinated by the City Manager. (2) Setting policy involves a myriad of decisions and, if done properly, necessitates examina- tion of numerous complex public financing questions. (3) Prior to Lhe beginning of the committee work, it is advisable for bond counsel and managing underwriter to work closely with the City Mana- ger 1 ' so that he understands the importance of the committee work and so he can actively assist the Committee in identifying issues to be addressed. b. Technical Review Committee - establishes technical criteria by which to evaluate potential applicants to assure the security of the system and to evaluate the financial capabilities of an applicant; (1) This committee usually includes both city staff, i.e. finance director, as well as local business experts, i.e. bankers, business leaders, etc. • as well as the managing underwriter and bond counsel. (2) The committee drafts criteria and application forms for the Council's review and approval. (3) The committee acts as a review committee for applicants 'and recommends the advisability of applicants to the Council. • c. System Cost Committee - establishes recommended admin- istrative, user, issuance, and system costs to assure a cost effective system that provides economic bene- fit to the user, administrative viability to the City and on-going economic security to the system. (1) This committee usually contains a mix of elected, staff and technical people to assure the system addresses the needs from each of these perspec- tives. (2) This committee's understanding of the community's and user's needs and the ability to compromise an effective financing system will determine the ultimate use of the system. 3. Council approves guidelines, criteria, and cost factors for system. 4. Documents are drafted by bond counsel. 5. The system is publicized to the community. 6. Application process is available at City Hall. 1 2 {{IO l - _ • 0 d ,•41. I 4, IJe1reitpment Company a. 7.1 n U.S.Small Business Administration Fin.mci.11 Assistiince Division Tri reatM fr"",71rn 0 71 71 rr) (r2i ( January 1981 1 I • SBA's Certified Development Company Program Table of Contents Introduction 1 SBA's Certified Development Company 1 Importance of Small Business I The Long-Term Credit Gap ] Certified Development Companies 2 flow is a Certified Development Company Organized7 2 Ilow Dues the Certified Develoin utnt Company Provide Assistance to Small Business Concerns? 2 Responsibilities of the Certified Development Company 3 Section 503 Debentures 4 Terms and Conditions 4 how are 503 Debentures Funded? 4 Eligibility 4 I-low to Set Up Certified Development Companies 6 Certification Process for a Certified Development Company 7 Required Information in a Section 503 Loan Application for a Small Business Concern 8 Application Information Required front The Certified Development Company 8 Application Information Required from the Small Business 8 Questions and Answers on Certified Development Companies 9 The Small Business Administration f ^rtified Development Company Program Introduction have an economic life of 40 to 50 years,thus some home mortgages are 25 to 30 years.Large businesses can sell The Certified Development Company bonds(debentures)or get other types of long-term financ- ing for factory buildings or equipment. The Small Business Administration's Cetified Develop- Long-term financing for commercial or industrial proper- ment Company Program was enacted on July 2,1980,as ty for small businesses,however is more difficult to ob- an amendment to the Small Business investment Act of tarn.There are few readily available sources,particularly The pthe 's purpose is to help communities by in distressed areas.Yet small businesses need long-term stimulating the growth and expansion of small businesses financing for land improvements and expansion. within a defined area of operation.SBA-certified Bevel- opment companies organized under provisions of Section The Certified Development Company Program allows 503 will provide long-term,fixed asset financing.By pro- private lenders to meet these long-term credit needs viding this service,the program will enable communities through SBA-supported loans,based on subordinate SBA t to create jobs,increase their local tax base,expand bus!- second mortgage financings in the form of 100%SBA- ness ownership opportunities and offer improved com- guaranteed debentures, munity services.In addition,the program is a flexible economic development tool that can be used for other purposes such as city or regional development,neighbor- hood revitalization and minority enterprise development. Through this joint federal government/private sector pro- gram,financing for the acquisition of land and building •-nstruction,expansion,renovation,and equipment is !table to small business concerns for up to 25 years. Importance of Small Business '1 , Small Business contributes jobs,innovation,and healthy competition to the American economy.Small businesses account for over 50% of the private sector employment in the country.More important,small businesses generale 60%to 705'n of all new private sector jobs,the lifeblood of a healthy free enterprise economy.Small businesses have also accounted for half of all innovations and new technologies in this century. The Long Term Credit Gap A long term credit gap exists for small and medium-size businesses in this country.Most commercial banks are predominantly short to medium-term lenders(five to 10 years);most savings institutions are legally required to be residential lenders;and the majority of insurance com- panies and pension funds prefer large projects of over $t million. i Why is long-term financing important?Financial institu- 1 Ms relate the life of a loan to the value of the asset ing financed.For example,automobiles have an econ- J omit life of four to five years,so they generally qualify for three or four years financing.Single family homes d 1 j , it 91 1 Certified Development Company How is a Certified How Does a Certified Development Company Development Company Organized? Provide Assistance to Small Business Concerns? A certified development company may operate on a local, Certified development companies will be authorized to • regional or statewide basis.It may be organized as a pri- sell debentures pertaining to an identifiable small con- vate non-profit corporation or a for-profit stock corpora- cern with SBA's 100%guarantee.The proceeds from the tion.The following requirements must be met: sale of each debenture will be used for plant acquisition, • construction,conversion or expansion for each identifi- The company must have a minimum of 25 members,or able small business concern. stockholders,and a defined area of operation which may The amount of each debenture guaranteed by SBA may be statewide or smaller. not exceed one half the cost of each project.The remain- Membership in the company must include representation ing one half will have to be provided from non federal from eteett-t o-of the following groups: sources. -local government The certified development company can provide assist- -private lending institution ance to small business concerns under two basic plans: -community organization -business organization Re-lend Plan Under this plan the small business buys the properly being financed,and the certified develop- The development company must have a professional staff ment company is a conduit through which SBA guaran- with the capacity to package,process,close and service its teed debentures and the non-federal financing flow to ans.Furthermore,the development company must be the small business concern. . able to provide professional accounting and legal services to small business concerns.These functions may be pro- Under the re-lend plan,the business has title to the vided either by the development company's membership property,and under the first mortgage formula,the bank or on contractual basis,subject to SBA approval,by a is entitled to make a direct loan to the business in ex- qualified firm or qualified individuals who live or do change for a first mortgage.Proceeds from the SBA guar- business in the company's area of operation.If staff cepa- anteed debenture are sent to the certified development bilities are provided on a contractual basis,persons company which re-lends to the small business in ex- providing these services must be available to the devel- change for a second mortgage,that is then assigned to the opment company when their services are required. SBA. The development company must contain a five-person Lease Plan Under this plan,the development company board of directors which meets at least bi-monthly and owns the property and leases it to the small business.The represents the groups stated above.No member of the arrangement can be a lease,lease-purchase or a lease development company's board may be a officer or director with an option to purchase.The development company or owner of a small business concern receiving assistance, uses the proceeds from the sale of the debenture along with the funds borrowed from the non-federal sources to No member,shareholder or group of shareholders or purchase property,or it constructs/renovates the property members of the development company owning a direct for the identifiable small business. financial interest in the project may have an individual or combined voting control in the development company Example of more than 10"4 of the total outstanding stock or membership. Percentage Amount Source Security 500/0 $50,000 bank first mortgage It must have wording in its incorporation papers indicat- 40% 40,000 SBA second mortgage ig that its chief purpose is to"promote and assist the guaranteed growth and development of business concerns including Debenture small businesses."and"any monetary profit or other 10^l0 10,000 certified development t ied third mortgage benefits which flow to shareholders(members)shall be incidental In the corporation and shareholders." company 2 i,'.)ll Responsibilities of the Records and Reports Certified Development Company The certified development company will be required to submit an annual report at the end of each full fiscal areasresponsibility:p i company has the following year to SBA containing financial statements,management areas of information,a full activity report in narrative form and Local Injection Requirement data that analyze the impact of its assistance on small business concerns. A certified development company will be required to viability of the Certified Development Company inject into the project an amount equal to 10 percent of the funds necessary to complete a given project.The 10% In the event of a default on a debenture issued by a injectionml may come from a receivingvariety f sources including certified development company,the liability of the corn- the small business concern assistance. corn- pany to SBA as guarantor shall be limited to all payments Place of Business by the small business concern to the certified develop- ment company that have not yet been transmitted to Each certified development company must maintain a SBA,and the collateral securing the loan.However,the place of business open to the public during business development company has the responsibility to service hours,and listed under a separate telephone number. the loan of the small business concern and ensure the timely payment of the debenture's principal and interest. Level of Activity • In order to maintain its certification,a certified devel- opment company must provide a Section 503 debenture or other types of financial assistance to at least one small business concern each fiscal year. c ._ -r. LL?.1 3 Section 503 Debentures Terms and Conditions Collateral The following terms and conditions are applicable to All debentures guaranteed under this program shall be Section 503 debentures: secured to the extent SBA determines as reasonable to ensure repayment.SBA shall require that the certified Purpose—The proceeds of a Section 503 debenture shall development company's required 10%injection be sub- be used to assist an identifiable small business concern to ordinated to the loan made from the proceeds of the 503 finance plant construction,conversion or expansion.in- debenture.Usually collateral on 503 development con- cluding the acquisition of land.existing buildings and pany projects include a mortgage on the land and the leasehold improvements.Plant construction includes the building being financed,liens on machinery,equipment acquisition and installation of machinery and equipment. and fixtures,lease assignments,and personal guarantees Each loan made from the debenture proceeds must be where appropriate. approved by SBA. • How 503 Debentures Are Funded Maximum amount—The SBA-guaranteed debenture may not exceed$500,000.The debenture may not comprise Federal Financing Bank more than•5eco of the project's total cost. SBA will provide guaranteed funding to certified devel- Rate of Interest opmert companies by selling 160%SBA-guaranteed 503 debentures to the Federal Financing Bank(FFB).SBA The interest rate on Section 503 debentures shall not be will act as the agent for certified development companies 'ess than a rate determined from time to time by the for the purpose of such sales.The FFB is an instrumen- xretary of the Treasury taking into consideration the tality of the Federal Government pursuant to the Federal current average market yield on outstanding marketable Financing Bank Act of 1973(FFB Act). U.S.obligations with comparable maturities.Such rates can be obtained from your local SBA office. The interest rate on the debenture will be determined by the FFB at the time of each sale based on the cost of like Term term funds to the FFB.The 503 debentures will be pur- • chased by the FFB once each month The maturity on a Section 503 debenture shall not exceed 25 years.The term will depend upon the economic life of Eligibility the asset being financed. Contract Terms Eligible Small Business Concerns The contract between the certified development company A small business must meet the following guidelines: and the small business concern in each project shall set forth terms acceptable to the small business concern and Type of organization—lt must be a for-profit corporation, SBA.not to exceed the sum of the following: partnership.or proprietorship. -repayment with interest on the Section 503 debenture Size standards—The net worth of a business may not be and the first mortgage non-federal financing in the in excess of$6 million,and its net profit after taxes must project. have averaged less than$2 million during the previous two years.For a manufacturing company,the business -taxes and insurance on the Plant must have no more than a prescribed number of employ- ees based on SBA size standard regulations.Either stand- -servicing costs of the debenture which normally may not and may be used. xceed one-half of one percent per annum on the out- .iending balance of the debenture. -a processing fee to cover administrative costs of the loan,which may not exceed 1.5%of the amount of the debenture. • ((ZZ- Ineligible SBA Applicants SBA certified development company financing is not available for non-profit organizations;print media such newspapers and magazines,lending institutions,such banks and finance companies;gambling facilities;rec- reation facilities that are not open to the public;and investment real estate.Further,a certified development company is prohibited from owning any equity interest in a small business concern which has received Section 503 assistance. Use of Proceeds Certified development company financing can be used for the following"hard costs":acquisition of land and buildings,construction,expansion,renovation and mo- dernization,machinery and equipment and reasonable contingencies.In addition there are certain"soft costs" which qualify for certified development financing includ- ing interim interest,professional fees for services such as appraisals,surveying,accounting,engineering,and archi- tectural services. ►i23 g FIow to Set Up A Certified Development Company Establishing a certified development company in your community is not difficult.You should: Identify the area to be served by the certified develop- ment company. Identify individuals interested in joining an organization that will play an important role in the economic develop- ment of their community.Certified development com- pany membership(25 members are required)must include representation from at least two of the following groups:a local government,a private lending institution, a community organization,or a business organization. Identify the officers and directors(there must be a min- imum of five,which must represent the group stated above),including a president,a vice-president,a secre- tary and a treasurer.The board of directors is required to meet hi-monthly and actively participate in management decisions such as the making and servicing of loans by the development company. entify the individuals or organizations who will provide tLa financial and management services that SBA requires for each participating certified development company. Have a lawyer draw up the articles of incorporation and bylaws for the certified development company based on sample forms obtained from the SBA. Prepare a membership list with the following information: Name,address.telephone number,occupation and per- centage of ownership or voting control of each member. Name,address,telephone number.occupation of the in- dividual or organization performing each staff capability required by the certified development company.Identify 1! the specific function provided by each individual and their related experience. A • Certification Process Applications for certification as a certified development company will be submitted on form 1248 to the SBA field office servicing the area in which the prospective certi- fied development company is located.The SBA field office will forward the application,along with its recom- mendation,to the Associate Administrator for Financial Assistance,Washington,D.C.,for final determination of eligibility.Qualified companies shall receive a certificate evidencing eligibility for participation in this program. The following material must be submitted to SBA in the development company's application for certification: —Articles of incorporation —Bylaws —Resolution from the board of directors that gives SBA the authority to certify applicant —List of officers and directors —List of members —List of staff capabilities and individuals who perform • those functions —Statement that no member controls more than 10 per- cent of the development company's stock or voting membership --SBA form 912 on officers and directors —Short resume on officers and directors —Organizational chart on operating structure of the cer- tified development company —The certified development company's operating plans —The certified development company's area of operation and information on the place of business —Financial statements I�2� 7 Required Information in a Section 503 Loan Application fnr a Small Business Concern Application Information Required from A balance sheet and profit and loss statement for the pre- The Certified Development Company vious three years All exhibits must be signed and dated A current balance sheet and a current operating state- ment(not over 60 days old) A copy of existing or proposed lease or purchase agree- ment or other financing arrangements A pro forma balance sheet and projected operating state- ment for two years A brief statement concerning the purpose of the loan and its potential impact on the community A monthly cash flow for the first 12 months of operation or three months beyond the break-even point An outside appraisal report The names of affiliates and/or subsidiary firms Preliminary plans and specifications and estimates of cost covering new construction and/or machines and Resumes of the principals. equipment A list which contains the original date and amount, The bank's letter stating the terms and conditions of its present balance owed,interest rate,monthly payment, participation,and the reason it will not finance the entire maturity and security for each loan or debt that your project business currently has,indicating whether the loan is current or delinquent Identify the certified development company's source of 'xis for its injection into the businesses.(For example, If your business is a franchise,include a copy of the . sale of stock or debentures,cash on hand,land invest- franchise agreement went,etc.)If the funds are borrowed,identify the name and address of the lender,and the interest rate and term Current personal financial statement for each proprietor, for the funds partner,officer and each stockholder with 20 percent or more ownership of the business—(Form 413) A list of collateral to be offered as security for the debenture Resolution from the Board of Directors,if a corporation, authorizing the small business concern to borrow. Resolution from the Board of Directors authorizing the certified development company to borrow with Form It should be noted that the small business concern re- 1247 attached ceiving assistance may be required to submit periodic financial statements to SBA. Application Information Required From the Small Business Concern yy All Exhibits must be signed and dated A history and description of the business A statement detailing the exact uses of the loan proceeds A statement of the anticipated benefits from the proposed financing "8A Form 912(Personal History Statement)on all officers id/or directors and owners of 20% or more of the SBC affiliated stock. 8 j12L J Question and Answers on Certified Development Companies Question: I low is they Certified Development Company Program different trout other SUS pneprams? Answer: 'I'It„Certifi•s1 Development Company Program operates Ruin a entirely ditf..ruu philosophy.Its purpose is to provide hurt-term financing fur then startup turd ex- pansion of small husincsus in target areas. It has more lihera paliri�s nev.Irding the use of business or personal resources than other SIIA programs,in order to encour- age businesses to expand or locate in the desired area. The pro ram's concept differs from the"lender of last re- sort"philosophy inherent in many of SIiA's other lending activities.Also.tite Certified Development Company Pro- gram uses different size standards than SI)A's regular business lout program and can offer longer loan maturi- ties.The program can boast genuine community support and involvement because it requires at least 25 members per development company and a tightly defined area of operation. Question: What are the conditions for receiving a guar- anteed 503 debenture? nswer: The proceeds of the debenture must he of im- mediate benefit to an identifiable small business,and be so secured as to reasonably assure repayment.and be • made to serve a sound business purpose. Question: Does a small business have to provide any ' part of the local injection to the certified development company? Answer: It can.but it is usually simpler to use invoices or receipts to;i.'nuorttrate that the final asset investment in the project has been uuule by the business. Question: Are the loan prov cl,r,-s complicated? Answer: No St3A hue stre,unlinesl its loan processing re- quirements and the applications can he processed rapidly if they contain all necessary documents wben submitted. • r ' J e!r le t /5 PEh Y�" 11t la's".. 4 ..,1E3o'^..1f ;igi$s."rwd g 1gl /.; U) 11 1F9 !ti,t2 go .gfsggi i•E 21 ; 9 "` n 5¢ _ 'Oil e i viP.Pi $1.EF e$.EUPhI ;^. 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Mut '1. 111:i.; 1:-. 1?-1; 1.:•; ?. . 1-% r MINNESOTA STAR CITIES PROGRAM r nificant Minnesotao cunitiis. hold opportunities can betential for 9achieved through ctheactive develop- ment opportunities. These oppt ofrcomnunitygbased citizens economictdevelopment level programs. implementationToeassistgd citsinthis endeavor, the Business Development Division of the State of Minnesota osinst Minnesota Star strategiessforogram.dealingThe withrogram helps everchangi communities the ng constructeconomies. to aremofficiallywho designatedte byithe and statemaseae the"MinnesotarStarts of the City for Economic ram Development." Businesseceive an DevelopmentaDivisionitoaachieveetheirleconomical assistanceevm must meet the development goals. To receive designation, a community following requirements. ed ith - and implementing an9economicg which will be development program forwthe community. Thecharge The cha must be conferred upon the organization by resolution of the local unit of government. , - Form a local development corporation. - Research and assess the communitY'S cracteristics and assemble all collected data into a community profile. - Complete a five year plan and strategy for economic development in the format prescribed by the Business Development Division. - Complete a one year work program for the economic development organization which is linked to the five year economic development plan. • - Complete ntidto presentation on the lio to ce lsed to market ` the community ospectiveindustriaandcmmeriabusinesses. - Collect complete labor information on the community and the area in which it is located. - Complete a five year capital improvement plan. - Complete a community fact booklet. - compunit atoadeterminevexpanf sion/relocationnplansoandethe business common y community's legislative concerns. • I135 - Organize a marketing team whose function is to serve in the capacity of representing and marketing the community to industrial and commercial business establishments. A written and oral examination must be taken by the marketing team. The examination involves the development and presentation of a proposal to a prospective industrial client. The proposal is evaluated by the Business Development Division for its effectiveness and complete- ness. The proposal must receive a satisfactory rating before the community will be designated as a "Minnesota Star City for Economic Development." RECERTIFICATION To maintain continuing high standards in the Minnesota Star City Program, the Business Development Division will require a recertification of Star Cities on an annual basis. The following recertification procedures have been established. 1. Affirmation of Continued Participation On November 1 of each year, Star Cities will be requested by the Business Development Division to respond with a letter concerning their interest in continued involvement with the program. The letter of response must be signed by the mayor of the community and be returned to the Business Development Division by no later than December 31 of the same year. 2. Annual Report Recognizing that membership in an economic development organi- zation changes over time and that the community is hopefully progressing toward the development goals it has established, an annual report must be completed and delivered to the Business Development Division. The annual report must contain the following information. A description of the changes in the responsibilities and membership of the economic development organization. A description of the activities of the organization during 1982 such as the number of meetings held and important matters discussed at the meetings. A description of the changes that have occurred in the • community's economy including industries or businesses currently operating and newly opened; establishment or ex- pansion of industrial parks; construction or expansion of existing industrial.and commercial businesses; closings of existing businesses and reductions or increases in employment. 111 A description of the forms of assistance the organization has provided to business and industry and assistance the organization has received including financial and technical -2- • il3(, from federal, regional, state and private organizations which relates to economic development in the community. A description of changes in the community's long range goals described in the original Economic Development Plan. A Work Program describing the organization's plan for the upcoming calendar year including a list of project priorities, related costs, methods of financing, time schedules and technical assistance required. (Refer to SAMPLE STRATEGY contained in the Star Cities Manual for proper format.) The annual report must be submitted to the Business Development Division after January 1 but before March 31 of each year. If a community fails to meet or cannot meet the time requirements for completing the annual report, representatives of the community will be requested to meet with Business Development Division staff at the division's office in St. Paul to determine whether the community should continue in the program or withdraw. If extenuating or unusual circumstances beyond the community's control are shown to be the reason for its inability to comply with the deadline, the Business Development Division, at its discretion, can approve an extension of up to three months for the community to complete the annual report. 3. Community Profile Minnesota Star Cities for Economic Development must complete a Community Profile on an annual basis in the format prescribed by the Business Development Division. The deadline for completing it is December 31 of each calendar year. Following its completion, the profile is submitted to the Business Development Division for official printing and distribution. ( 4. Survey of Local Industry Minnesota Star Cities must contact all industry in their immediate area to determine (1) company plans for expansion/relocation and (2) concerns of the business community which can be addressed through legislative or administrative action. This is accomplished by surveying companies on the Industry Contact Form provided to the community by the Business Development Division. The completed survey forms must be returned to the division by December 31 of each calendar year in preparation for the Minnesota legislative session. 5. Continuing Education A training session will be conducted annually to provide continuing education to all Star City Coordinators and the economic develop- ment organization's committee chairperson(s). Changes in laws affecting business and industry, new techniques in the field of -3- economic development and other vitally important topics will be covered. Representatives from officially designated Star Cities will be required to attend. 6. Business Appreciation Month The month of September of each year will be officially proclaimed as "Business Appreciation Month." Star Cities are required to hold a banquet in honor of local businesses. 7. Failure to Comply • If there are not unusual circumstances which prevented completion of the annual report and the other requirements of re-certification, a decision will be made to drop the community from the Star City Program. If the community wishes to be designated as a Star City again in the future, the community must: (1) file a new appli- cation to re-enter the program; (2) attend the annual Star City Training Session; (3) submit all documentation required at the time of application; (4) re-form a development organization and prospect team; and (5) pass a sales presentation evaluation. If the evaluation team determines that the community has not met the requirements of the program satisfactorily, the community must be prepared to undergo a second evaluation by another team within 30 days. PROGRAM BENEFITS 1. Communities will be more successful in their efforts to encourage economic development. 2. The Business Development Division will maintain a continuing education program for representatives of Minnesota Star'Cities to ensure infor- mation transfer on current trends in economic development. 3. Star Cities will be referred to clients of the Business Development Division who are in search of locations for investments in new industrial facilities. 4. Research assistance will be provided by the Business Development Division to Minnesota Star Cities. Staff will identify companies located outside of the State of Minnesota who may be considering expanding or relocating. A list of the prospective companies will be provided to each Star City for marketing purposes. 5. Intensified technical assistance will be provided to Star Cities by the Business Development Division. Technical assistance will include deal packaging/structuring, sales training and research, in addition to traditional services provided by the division. -4- i til?)6 ORDINANCE NO. 25-83 AU ORDINANCE AMENDING ORDINANCE NO. 80-33 SETTING FORTH A DESCRIPTION OF THE FACILITIES TO BE PROVIDED BY GRANTEE; MODIFYING THE INITIAL SERVICE AREA; AMENDING THE LINE EXTENSION POLICY OF GRANTEE; PRESCRIBING INSTALLATIONS CHARGES AS SET FORTH HEREIN; AND AMENDING THE EXHIBITS. THE CITY COUNCXL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: SECTION 1. That Article I, Section 2, of Ordinance No. be amended to read as follows: V. "Public Building" is any building owned or operated by the United States government or any subdivision thereof, • or the state of Minnesota or any subdivision thereof, or the City or any other governmental subdivision, or school district or educational institutions. SECTION 2. That Article XII, Section 4, of said Ordinance be amended to read as follows: SECTION 4. FACILITIES. The Grantee shall construct, maintain and continue to provide all facilities and equipment set .forth in the Offering or as otherwise provided in Article V, Section 2 and Exhibits A and B hereto, including, but not limited, to, the headend, hubs, distribution system, studios, equipment and other facilities. Grantee's plan, as set forth in the Offering, for implementing the construction, utilization and maintenance of these facili- -1- II'r'.(h ties, including its plans for accommodating future growth and changing needs and desires, shall be fully and timely performed. SECTION 3. That Article III, Section 7 of said Ordinance be amended to read as follows: SECTION 7. SERVICE TO PUBLIC BUILDINGS AND EDUCATIONAL .INSTITUTIONS tional network acrvicc to all publicly owned buildings, in City 3ibrarica, etc-.), a - federal - -- y say--s�__te, .natit • • Grantee shall initially provide subscriber and institutional network service, upon request, to public buildings which may reasonably utilize such service in the Initial Service Area or within an extended area pursuant to Part II. A. of Exhibit B to said Ordinance, as hereby amended. Service to public buildings outside the Initial Service Area or an extended area shall be provided Pursuant to Article V, Section 2, paragraph D of said Ordinance. SECTION 4. That Article V, Section 2, of said Ordinance be -2- ��uo amended to read as follows: Gcction 2. Line Extenaion Policy Grantcc'a extcnaion of ocrvicc to those areas not included d • t . seryt- area shall be_A.a.._e pursuan a th A. Rcaidcneco located outside the initial ocrvico area will be provided ocrvico upon acccptancc of a quote from Grantee, The quote ohall not exceed the coot to Granted calculated on a time and material baoio, of eitt-eiand able .Spme a se .S c the residence Br-_.•h nor,rcoidc ---- --__ at g _-- _tee• •1 will be provided ocrvicc upon acceptance of a quote from Grantee The quote ohall not exceed the coot to service oaid uocr. SECTION 2. MODIFICATION OF INITIAL SERVICE AREA; EXPANSION OF SERVICE AREA; AND LINE EXTENSION POLICY. A. Service will be provided to dwelling and nonresi- dential units of the City in areas with an average density less than forty (40) dwelling units per street mile or cable mile whichever, as determined by City, provides the greater { benefit to the subscribers, (the "extended area"), and not within the Initial Service Area, upon payment of a construe- -3- I ILI • tion charge based upon the cost contribution formula defined below. Dwelling and nonresidential units in areas with an average density of at least forty (40) dwelling units per street mile or cable mile whichever, as determined by City, provides the greater benefit to the subscribers, and those within the Initial Service Area, will not be required to make a cost contribution pursuant to the cost contribution formula below in order to receive service; but the installa- tion charges set out in Part I. A. of Exhibit B to said Ordinance, as hereby amended, shall apply to such dwelling and nonresidential units. The monthly charge for cable service in the extended area shall be the same as elsewhere 1 in the system. ! B. The cost contribution for construction charges to be allocated to each dwelling and nonresidential unit in the extended area whose occupants petition pursuant to Section 2. C.1 hereof will be determined as follows: 1. Grantee shall estimate the total cost of constructing and maintaining for three (3) years from the date service is available, the line extension to be constructed in the extended areas. Total construction cost is defined as including plant make ready and all labor and material costs necessary to construct and activate that part of the system commencing at the —4— d Ilya nearest point of existing plant and running to and within the extended area. 2. The standard cost per dwelling and nonresi- dential unit in the extended area shall be determined by dividing the total from (1) above by 40, being the • standard minimum dwelling unit density. 3. Grantee's contribution to the cost of the line extension shall be determined by dividing the total number of dwelling units in the extended area, as designated by the City Council pursuant to Section 2.C.2 below, by the number of cable miles or street miles in the extended area whichever, as determined by City, produces the greater benefit to the subscribers, and multiplying the resulting number by the standard Cost per dwelling unit. 4. The difference between the total costs at (1) above and the Grantee's contribution at (3) above is the total contribution of the dwelling and nonresiden- tial units in the extended area. 5. The construction charge to be paid by each subscriber shall be determined by dividing the total contribution of the dwelling and nonresidential units from (4) above by the number of dwelling and nonresi- dential units whose occupants joined in the petition pursuant to Section 2.C.1 hereof. -5- C. Extended areas shall be established and service under the line extension policy shall be provided in accord- ance with the following procedure. 1. Occupants of dwelling and nonresidential units in an area with an average density of less than forty (40) dwelling units per street mile or cable mile as determined above, who desire service shall petition the Council for designation as an extended area. The petition shall include a map showing the dwelling and nonresidential units proposed to be included in the designated extended area. 2. The Council shall by resolution designate the dwelling and nonresidential units to be included in the extended area. 3. Upon designation of an extended area, Grantee shall prepare a map indicating the trunk cable line that will he constructed to serve the extended area and shall estimate the combined total construction cost and three (3) year maintenance cost for service to the extended area (Section 2.B.1), the Grantee's contribu- tion (Section 2.B.3), and the total contribution of the dwelling and nonresidential units (Section 2.B.4). 4. Grantee will estimate the construction charge to each dwelling and nonresidential unit according to the formula in Section 2.B.5, above. Grantee will -6- notify Council and occupants in the extended area of the construction charge estimate by U.S. mail. 5. Occupants within the extended area who wish to become subscribers will have thirty (30) days after mailing of such notice to commit to service, by execu- ting and submitting a commitment form to Grantee. The commitment form shall be submitted to and approved in writing by the City prior to its use by Grantee. 6. Occupants within the same thirty (30) day period shall deposit the amount of the construction charge estimate into an escrow account to be main- tained by the City. If the number of occupants who deposit the construction charge estimate within such thirty (30) day period is less than the number who join in the petition (and the aggregate deposit made by such occupants is less than the total contribution of dwelling and nonresidential units required by Section 2.C.7.), Grantee shall, within ten (10) days after the end of the thirty (30) day period, notify in writing by , U. S. mail such depositing occupants of the deficiency in the escrow account, and such occupants may make addi- tional deposits within ten (10) days of mailing of such notice. 7. If the total contribution of dwelling and nonresidential units as determined by Section 2.B.4. is -7- deposited within the time periods specified in C.6 above, Grantee shall construct the line extension. Construction shall be completed and service made available to the extended area within twelve (12) months from the end of the subscriber deposit period subject to extension of said twelve (12) month period pursuant to Article V, Section 3, paragraph C of said ordinance as amended. 8. Upon completion of the line extension construction and activation of service to the extended area, Grantee shall submit to the City a detailed state- ment setting forth all actual construction expenses, including labor, and an estimate of maintenance expense, with such supporting documentation and information as the City may request. Said statement shall be cer- tified by an officer of Grantee. Upon receipt, review and approval by the City, the City shall pay to Grantee the actual cost of construction and projected maintenance expense, as approved by City, from the escrow account. Any excess funds in the escrow account shall be divided among and returned to the subscribers in proportion to the amounts contributed by them. In no event shall the money paid to Grantee exceed the escrow amount. 9. Any occupant in an extended area who did not -8- ��(1(0 is participate by initial subscriber contribution under paragraphs (5) and (6) above and who wishes to hook up to the line extension within the first three (3) years after service is commenced in the extended area must deposit into an escrow account to be maintained by the City the amount of the construction charge estimate under paragraph 6 above and adjusted in accordance with paragraph 8 above. All such new contributions shall be held in escrow until the end of the third year after service is commenced in the extended area, at which time all funds in escrow shall be divided equally and returned to the then current subscribers. At the end of the three (3) years following the commencement of service to the extended area, all sub- sequent subscribers in the extended area shall be charged the same installation charge as other subscribers who are in areas with an average density of at least forty (40) dwelling units per street mile or cable mile. D. Nonresidential units and public buildings in an area not within the Initial Service Area or an extended area shall be provided service upon acceptance of a quote from Grantee. The quote shall not exceed the cost to Grantee, calculated on a time and material basis, of extend- ing the cable and necessary cable equipment to service said -9- user. E. Grantee shall indemnify and hold the City and its respective elected officials, officers, agents, employees and representatives, harmless from and indemnified against any and all loss, costs, damage and expense, including, without limitation, attorneys' fees, now or hereafter incurred by it, and arising out of or due to, or claimed to arise out of or be due to, this Ordinance, the adoption thereof or the process followed by City in adopting this Ordinance. SECTION 5. That Paragraph C(1), Article VI, Section 4 of said Ordinance be amended to read as follows: (1) Rates and charges charged by Grantee for monthly service and inotallation and other charges hereunder shall be uniform, fair and reasonable and designed to meet all necessary costs of service, including a fair rate of return on the original cost, less depreciation, of the properties devoted to such service (without regard to any subsequent sale or transfer price or cost of such properties). Construction cost contributions shall be made pursuant to Article V, Section 2 and Exhibits A and B hereto. SECTION 6. That Article XIV, Section 2, paragraph H, of said Ordinance be amended to read as follows: H. Each exhibit is a part of this Franchise and each is specifically incorporated herein by reference. The exhi- bits are as follows: -10- Amended Exhibit A - Map of Construction by Area, Including Time Schedule and Initial Service Area. Amended Exhibit B - Rate Schedule (see Section (7) of this amending Ordinance for the amendment to Exhibit B) SECTION 7. That Exhibit B of said Ordinance be amended by deleting Article I, Section A, paragraph 5. SECTION 8. That notwithstanding any other provision of this Ordinance, if less than all of the other of the Cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield offer a similar franchise Ordinance amendment to Grantee, which is accepted by Grantee, Grantee or City may cancel this franchise Ordinance amendment and all of their obligations hereunder by written notice given to the other not later than thirty (30) days after all the other of said Cities shall have formally acted upon their respective similar franchise Ordinance amendments; provided, that if Grantee elects to cancel this franchise Ordinance amendment pursuant hereto, it must also cancel all other franchise Ordinance amendments granted to it by the other of said Cities effective simultaneously herewith.. SECTION 9. Grantee shall have thirty (30) days from the last date of adoption of a similar franchise Ordinance amendment by all of the Cities listed in Section 8 of this Ordinance, to accept this franchise Ordinance amendment in form and substance acceptable to City. However, in no e ent will acceptance occur -11- later than ninety (90) days after the adoption of this franchise Ordinance amendment unless the time for acceptance is extended by City. Such acceptance by Grantee shall be deemed the grant of this franchise Ordinance amendment for all purposes. SECTION 10. .With its acceptance, Grantee also shall deliver to City an opinion from its legal counsel, acceptable to City, stating that this franchise Ordinance amendment has been duly accepted by Grantee, that this franchise Ordinance amendment is enforceable against Grantee and the guarantors of the franchise granted by the said Ordinance, in accordance with its terms, and which opinion shall otherwise be in form and substance acceptable I' to City. SECTION 11. That this Ordinance shall be in full force and effect upon adoption and publication and acceptance in writing by Grantee. Passed and adopted this day of , 1983. CITY OF EDEN PRAIRIE, MINNESOTA By Mayor And Manager • -12- II'SO MEMORANDUM TO: Mayor and City Council THRU: Bob Lambert, Director of Community Services FROM: Stephen Calhoon, Park Planner DATE: June 1, 1983 SUBJECT: Request Permission to Prepare Plans F, Specifications & Receive Bids for Staring Lake Park Trail - Phase I Staff requests permission to prepare plans and specifications and receive bids in order to construct Phase I of the Staring Lake Park Trail System. Phase I will provide a hard surfaced trail beginning at the County Road 1/Mitchell Road area and continue east to the Crill/Cummins House. The trail will be located down the hill coming within close proximity of Staring Lake. Estimated cost for the contracted portion of Phase I includes clearing and grubbing $2,000, grading $10,000, rock base $15,000 for a total of $27,000. Asphalt will be installed by City crews and is estimated to cost $17,000, for a total estimated cost of Phase I of $44,000. This recreational, trail will be funded with cash park fees. SC:md �I, MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission 111RU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: June 2, 1983 SUBJECT: Staring Lake Park Trail Enclosed is a copy of an easement agreement for Staring Lake Park Trail that would be granted by Joint Independent School District 287. This easement allows the City to develop and maintain a hard surface walking and bicycle trail, as well as an equestrian path and cross country ski,trail on the School District's property on the cast side of Staring Lake. There is no fee for this easement agreement; however, the agreement is limited to a ten year period. The City has the responsibility of maintaining this portion of the trail, as well as policing the trail to prohibit illegal uses such as motorized vehicles. The City Attorney and the Community Services Staff arc somewhat concerned that this lease agreement is only for a period of ten years, at which time the grantor may "terminate said easement without cause". Furthermore, that upon termination of the easement, the City shall promptly remove all its improve- ments, trails and surfacing, and restore the land to its original conditions sofar as reasonably possible". This means that after a ten year period, the City could possibly have to remove the bridges across the creek, as well as the asphalt trail and reseed the trail bed. • The City has estimated that the two bridges and this section of trail would cost approximately $40,000 to install and approximately $15,000 to remove. • The City attempted to convince the School District Staff to include language that would suggest that the School District renew the lease agreement for an additional ten year period if there were no problems during the first ten years. 77ie School District Staff were uncomfortable with that language and refused to include it in the agreement. As you know, this link is necessary to complete the trail corridor around Staring Lake. Staff feels that this link in the trail system is vital to pedestrian, bicycle and equestrian traffic in this area and feel confident that the School • District will recognize the positive aspects of this trail system shortly after completion and would be hard pressed to require the City to remove the trail after ten years of existence, especially if the City does a good job of mainten- ance and policing of this trail section. i 11C1 _2_ Community Services Staff have recently suggested a change in the construction phases of the Staring Lake Park Trail and presently intend to construct this phase of the park trail as the third and final phase that would be constructed in 1985. Community Services Staff recommend approval of this agreement with one additional provision in that the ten year lease agreement would begin upon the beginning of construction on this property. BL:md • • • I., I!y • LcFcccrc Lefler • Ke11111Ydy ()Trial Drawn. A 1•ndmionat Awm I:nMNI 2000 First Bank Place West May 16, 1983 Minneapolis ,.. Minnesota 55402 Telephone 612.333.0543 • Clayton L.LeFevere Robert A. Lambert Herbert PLefler Director of Community Services J.Dennis O'Brien John E.Draw: City of Eden Prairie David J.Kennedy 8950 Eden Prairie Road John B.Dean Eden Prairie, MN 55 344 Glenn E.Purdue • Richard J.Schieller Charles L.LeFevere RE: Starring Lake Park Trail Herbert P Lefler III Jeffrey J.Strand Mary J.Bjorklund Dear Mr. Lambert: • John G.Kressel CindyL. an C Lavaato I enclose the original of an easement for the Cindy L. Michel A.Nash Starring Lake Trail, granted by Joint Independent L{- Komarek School District No. 287. I have made the minor • Jd. .Encksen EliaWMD.Moran change in paragraph 9 as requested by the City Attorney in his letter dated April 25th. In the event that the City Council accepts the easement, please send me a photocopy of the fully executed document. I am sending a copy to Roger Pauly. • I would like to review Exhibit A after it is developed and prior to the time the easement is recorded. • Very truly yours, LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ By A " • Glenn E. Purdue • GEP/db Enclosure cc: Dr. Ron Carter, w/encl. Roger A. Pauly, w/encl. • IISU EASEMENT AGREEMENT This Easement Agreement made this day of 1983, between JOINT INDEPENDENT SCHOOL DISTRICT NO. 287, a Minnesota independent school district (hereinafter referred to as Grantor) and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as City). WITNESSETH: • That the Grantor does hereby grant and convey unto City an easement for 'the purposes of constructing and maintaining a public walkway, ski trail, bicycle trail and a horse path, collec- tively referred to as "the pathways", within. the easement area hereinafter defined, over and across the following described parcel of land situated in the County of Hennepin, State of Minnesota, to-wit: Description of Parcel. A tract of land described as: That part of the East Half of the Southeast Quarter and of Government Lots 2 and 3 in Section 22, Township 116, North, Range 22; and that part of Northeast Quarter of the Northeast Quarter of Section 27, Township 116 North, Range 22, described as beginning at a point in the South line of said section 22, distant 80.8 feet West of the Southeast corner thereof; thence East 80.8 feet to the Southeast corner of said Section 22; thence North along the East line of said Section 22, to a point therein distant 876 feet South of the East Quar- ter corner of said Section 22 which point is marked by a Judicial Landmark; thence Westerly parallel to the North line of said Northeast Quarter of the Southeast Quarter and the North line of Government Lot 3, a distance of 1720.2 feet to a point, which point is marked by a Judicial Landmark; thence Northwesterly deflecting to the right at an angle of 57 degrees 11 • • I/cT minutes a distance of 131.2 feet to a point, which point is marked by a Judicial Landmark; thence North- westerly, deflecting to the right at an angle of 0 degrees 51 minutes, a distance of 357.6 feet to a point, which point is marked by a Judicial Landmark; thence Northwesterly deflecting to the right at an angle of 20 degrees 31 minutes, a distance of 106 feet to a point, which point is marked by a Judicial Land- mark; thence Northwesterly 384.4 feet, more or less, in a straight line to a point in the North line of said Government Lot 3, distant 2128.15 feet . West of the Northeast corner of said Northeast Quarter of the Southeast Quarter, which point is marked by a Judicial Landmark; thence Westerly to the North and South Quar- • ter line of said Section 22, which point is marked by a Judicial Landmark; thence Southerly along said Quarter line to the shore line of Starring Lake to a point, which point is marked by a Judicial Landmark; thence Southeasterly, Southerly and Southwesterly along said shore line to said Quarter line to a point which point is marked by a Judicial Landmark; thence Southerly along said Quarter line to the South Quarter corner of said Section 22; thence Easterly along the South line of said Section 22, to a point therein distant 249.2 feet West of the point of beginning, which point is marked by a Judicial Landmark; thence Southerly parallel with the East line of said Section 27 a dis- tance of 442.09 feet to a point which point is marked by Judicial Landmark, thence Northeasterly along a curved line, being a 4 degree curve and concave to the Southeast, a distance of 510.56 feet to the point of beginning, according to the Government Survey thereof. Except that part of said East Half of the Southeast Quarter of Section 22 and of said Northeast Quarter of the Northeast Quarter of Section 27, which lies wester- ly of the westerly right of way line of Trunk Highway No. 169 as now located and established and easterly of a line run parallel with and distant 110 feet westerly of Line 1 described below: Line 1. Beginning at a point on the easterly exten- sion of the east and west quarter line of a' said Section 22, distant 0.12 feet east• of the east quarter corner thereof; thence run southerly at an angle of 91 degrees 01 minutes 21 seconds from said easterly exten- sion (measured from west to south) for 2179 feet; thence deflect to the right on a tangen- tial curve having a radius of 1432.39 feet and a delta angle of 41 degrees 57 minutes 14 }{ seconds for 1048.85 feet and there termi- • nating; 2 11 r!o And except that part of said East Half of the Southeast Quarter of Section 22 adjoining and westerly of the • above described strip which lies northerly of the following described line: From a point on Line 1 described above, distant 890.68 feet southerly of its point of beginning, run westerly at right angles to said Line 1 for 110 feet to the point of beginning of the line to be described; thence continue westerly on the last described course for 130 feet; thence run south- westerly to a point distant 340 feet westerly (measured at right angles) of a point on said Line 1, distant 1,000.68 feet southerly of the point of • beginning; thence run westerly to a point distant 520 feet westerly (measured at right angles) of a point on said Line 1, distant 1,000.68 feet south- erly of its point of beginning; thence run northerly parallel to said Line 1 for 180.feet and there terminating; The boundary lines of the land herein described are marked by Judicial Landmarks set•pursuant to Torrens Case No. 17159. (Affects certificate no. 601450.) • • Description of Easement Area. That tract of land described on Exhibit A, attached hereto and made a part of this agreement as though set forth at this point. 1 The above easement is subject to the following terms and condi- tions: • 1. The grant of easement shall be effective as of the date hereof and, unless terminated earlier under the provisions of paragraph 11, shall remain in effect until the tenth anniversary of the execution of this document. On and after said anniver- sary, Grantor may terminate said easement without cause, by • giving City at least 30 days prior written notice of termination. 2. The City may construct the pathways from any materials that it deems appropriate, except that materials which are likely 3 to be carried off the easement area by surface water or wind, such as wood chips or bark, shall not be used. 3. City acknowledges and agrees that Grantor shall not incur any expenses or liability as a result of the design, con- struction, use and maintenance of the pathways or the easement area, which shall be the City's sole responsibility. City shall be solely responsible for obtaining and observing the conditions of any required permits and shall observe all laws relating to the pathways. 4. No motor vehicles may be operated within the easement area, except vehicles operated by or for City, and by or for Grantor in furtherance of its activities. City shall be solely responsible for policing the prohibition against motor vehicles. 5. Notwithstanding anything to the contrary herein implied or expressed, Grantor reserves for its agents, assigns, faculty, and student body, the right to cross over any portion of the easement area at all times and places, by any method of convey- ance, and to construct at Grantor's expense temporary or perma- nent driveways or other types of crossings so long as any such crossing movements or facilities do not substantially interfere with the City's proper uses of the easement area. 6. No structures, except bridges and associated facilities and signs, shall be placed in the easement area without prior written consent of Grantor, and Grantor may remove, at City's expense, any structures found in the easement area the placement of which has not been approved in writing by Grantor. 4 1163 • 7. . On request of Grantor, City shall install, at its expense, signs as approved by Grantor along the edges of the easement area indicating that the land beyond is private property and forbidding entry thereon. 8. All materials or debris resulting. from any clearing or construction within the above described easement area will be disposed of by City at its sole expense. No trees shall be removed or destroyed without the consent of Grantor. 9. City shall at all times maintain the premises within the easement area in a safe and clean condition, free from debris and refuse. It shall save, defend and hold the Grantor harmless from all claims, suits, damages, losses, liabilities, and costs resulting from City's negligence, and in any event, it shall pay Grantor's costs of defense, arising directly or indirectly out of E. City's design of the pathways, its construction activities, or its use or maintenance of the easement area. City's liability to Grantor shall not result in any pecuniary liability for the payment of which it shall be necessary to levy in any year a rate of taxes higher than the maximum prescribed by law, or in any other way result in violation of Minnesota Statutes, Section 275.27 or any other law, or which shall cause this Agreement to be null and void. Nothing contained in this agreement shall preclude City from providing in any budget for, or making any expenditure, or issuing or selling any bond, or creating any indebtedness, the payment of principal or interest of which shall require the levy of taxes, which levy may or may not be subject 5 !I'5°) to any maximum levy limitation or limitations prescribed by law. City's obligation to levy taxes for payment of and to pay any amount to Grantor from any such tax levy shall be subordinate to, and may occur only after provision is made for, the levy of taxes for and the payment of any such expenditure or indebtedness, the issuance and sale of bonds and the payment of principal or inter- est thereon. 10. City agrees to provide adequate police or other appro- priate supervision of the easement area, and to take all other appropriate measures, so as to minimize to the extent reasonably possible use thereof by unauthorized motor vehicles, and to similarly minimize trespasses on Grantor's property adjoining the easement area. In this regard, City's agents are authorized to enter onto Grantor's adjoining land for the purpose of enforce- ment of these provisions. City also agrees to remove litter arising out of use of the pathways from Grantor's adjoining land. 11. In addition to the termination without cause provided for in paragraph 1, the public easement created hereby shall be terminable if the easement area is not maintained and used in a ' substantial manner for the purposes set forth herein during any consecutive twelve-month period of time. The easement created hereunder also shall be terminable in the event that City does not comply with all of the terms and conditions-herein set forth, and the grant of easement shall terminate 60 days after receipt by City of written notice of termination. The notice shall specify the default claimed, and shall be of no effect if the 6 11GU default specified in the notice is cured within 60 days of receipt of the notice. 12. Upon termination of this easement, City shall promptly remove all its improvements, trails and surfacing, and restore the land to its original condition so far as reasonably possible. Upon termination, City will provide Grantor with a recordable quit-claim deed, conveying all its right, title and interest in the easement area and parcel to Grantor. This agreement and grant of easement is personal to City, and is not assignable by City. Rights of Grantor shall run to its successors and assigns. IN TESTIMONY WHEREOF, Grantor executes this easement the day and year first above written, and City accepts the rights and responsibilities stated herein. • • JOINT INDEPENDENT SCHOOL DISTRICT NO. 28.7 By 44 rman P. Frie erichs, Chairman This instrument drafted by: Glenn E. Purdue LeFevere, Lefler, Kennedy, O'Brien & Drawz CITY OF EDEN PRAIRIE 2000 First Bank Place West Minneapolis, MN 55402 (612) 333-0543 By Wolfgang H. Penzel, Mayor • State Deed Tax Due Hereon: $None • By Carl Jullie, 'Manager STATE OF MINNESOTA ) • ) SS. COUNTY OF HENNEPIN ) Thg_gregoing instrument was acknowledged before me this j a day of .°t`�i , 1983, by Norman P. Friederichs, the Chairman of the Schooll Board of JOINT INDEPENDENT SCHOOL DISTRICT NO. 287, a Minnesota independent school district, on behalf of the board. No ary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) • • The foregoing instrument was acknowledged before me this day of , 1983, by Wolfgang. H. Penzel, the Mayor, an Carl Jullie, the Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the city. Notary Public • IAA