HomeMy WebLinkAboutCity Council - 07/19/1983EDEN PRAIRIE
CITY COUNCIL ACINDA
19, 1983
'. 1 I_ r.i1":ITIZS:
cOUNC, Ii STAI F:
IS'NCAi ION: Conncilwan George Bentley
II Lr:SE OF AllIGIANCE
1 ,10 CALL
7:30 PM, CITY HAIL
Moyor Wolfgang Penzel, Richard Andersen, Cern-
Bentley, Paul Redpath arid George Tangen
City Manager Carl J. Jul lie; City Allorney
Roger Pauly; Finance Director John Frane;
Planning Di rector Chris Erger; Director of •
Comnity Services Robert tapbert; Director
of Public Works Eugene A. Dietz, and Recordiwr
Secretary Karen Michael
APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MINUTES (). THE CITY COUNCIL MEETING HELD TUESDAY, JUN
E
2
1
,
1
9
8
3
CONSENT CAUNDAR
A. Clerk's .itense List
Page, 1445
Page 14.58
B. ?Jid .di.no of Ordinance No. .23-83, 7nning A:Tcndment for RM 6.5, Approval Page 1458
of Av ,ndnt to Developer's Agreer,lent for Northmark 41.11 Add
i
t
i
o
n
a
n
d
Adootion ii Resolution No. 83-166, Approving Sumwiy of
O
r
d
i
n
a
n
c
e
N
o
.
23-83, iind Ordering the Publication of said SuilNary_for Nurthiork 4th.
Apploxitely 32 townipure units nor tii of Nesbitt Park and
wert oi cnter Way. •
C. .2ndyd .iw.i of ,Thdinance No. Dt!feriv-!nt. of Special Af,sesrionts
Tor Sc, k;1' Ciii, cns and -N,ndic.npFd and adoption of Resolution No.
83-177
D. RorTlution No. 83-162, approval of overhead transfers
Page 132!;
& 1468
Page 1471
C. N.,acd cuIrw:t for Homeward Hills Rohdway_ extension, I.C. 52-033 (Resolution
No. Page 1473
F. RysolW, ion .19,rcv_inc.', Oh al 7nradc!.. ng _of ..the_C C.N.W.
tZivi 1 t (PeF.olut ion No. 83-165)
8.r *1_ PIt . ivroval for Hlu If s Fast I irst Addition (Rr!sol ution No.
8
3
-
1
7
4
)i,age 147)
11.ni cud H ,-,toY di R000rl on Brpnt . and Ri Toy _Takes. Pk g,
H N a , crc.o..1i!)Cow., eas t
Pdg 1W
Page 1478
City Cc ...ncil - 2 - 19, 1:2 83
IV. PUBLIC HEARINGS
A. CITY NEST BUSINESS CENTER by Pyan Construction. Request for Planned Page 1197
Unit -Development District Review, Planned Un)t Developm e nt Amendment & 1493
Approval; 7oni9g .from Rural to 1-2; Preliminary Plat approval of
14.05 acres into two lots for o .;-fice/service/storage uses; and denial
of request for petition for Environmental Assessment Worksheet.
location: Northwest of Shady Oak Road, west of 169)212. (Resolution
No. 83-135 - PUD; Ordinance No. 26-83 - Zoning; Resolution No.
83-136 - Preliminary Plat, and Resolution No. 83-179 - EAW) Continued
from 6/21/83
B. PLAZA DRIVE remnant vacation
C. COMMLRCIAL STABIES ORDINANCE. (Ordinance No. 34-83, [Comnercial Stable Page 1496
Code) amending City Code Chapter 1), Section 11.10, Subdivision 2 by
adding thereto Subparagraph E which adds Commercial Stables as permitted
uses in certain portions of the Rural District and Section 11.02, 43,
defining Commercial Stables, redefining Section 11.02, Item 3, "Agriculture,"
to permit Commercial Stables, and redefining Item 43, "Stable-Public" to
"Stable-Commercial," and amending City Code Chapter 5 by adding thereto
Section 5.70 relating to the licensing and regulation of Commercial
Stables, and adopting by reference City Code Chapter 1, Section 5.01
through 5.11 and Sections 5.99 and 11.99 which among other things,
contain penalty provisions)
D. HIGH 1RAIL ESTATE'S 2ND ADDITION by Countryside Investments, Inc, Request
for Zoning from Rural to R1-13.5 and Preliminary Plat of 10 acres for 21
single family detached lots. Location: 6451 Duck Lake Road. (Ordinance
No. 35-83 - Zoning, and Resolution No. 83-168 - Preliminary Plat) Page 1501
E. CROSSROADS. TOWNHOMES by Baton Corporation. Request for preliminary Plat
of 5.0 acres for seven (7) townhouse buildings. Location: South of Page 1513 !
Pioneer Trail across from Prairie East 6th Addition. (Resolution No.
83-169 - Preliminary Plat)
F. FLYING CIOUD BUSINESS CENTER by Investnent Services Group. Request for p age 151 .
Zoning from Rural to 1-2 Park of approximately 0.5 acres and Preliminary
Plat of 2.9 acres, including vacation of McKinley Lane right-of-way and
drainage easements for office/warehouse uses. Location: Flying Cloud
Drive and McKinley Lane. (Ordinance No. 36-83 - Zoning, and Resolution
No. 83-170 - Preliminary Plat)
V.
VI.
.G. ANDERSON LAKES PARKWAY Feasibility Report, 1.C. 52 -035.
H. REQUIST FOR MUN1CIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF
$500,000.00 FOR C0110N/HGEN PARTNERSHIP [Resolution No. 83-171)
REQUEST IOR MUNICIPAL _)NDUSTRIAL_ DEvIlormi_ Bo,Nos .IN_THLAMOUNT .oF
IOR PBS PAR1NLRSHIP (Resolution No. 83-172) -
J. PEWST FOR MUN1C1PAL 1NDUS1R1AL DEVELOPMENT BONDS IN THE AMOUNT OF
$1,600,000.00 IOR 1RI-CDRJROPERIILS (Resolution N. 83-173)
PAYMENT OF CLAIMS_ 11115,_8487 .2_8753
REPORIS pE ADVISORY COMMSSIONS
Page 1169
Page 1524
Page 153Ed
Page 15E ,2
Page 15C,4
• Page 1495
Page 1576
Page 1579
Page 1580
Page 1583
City Council Agenda
- 3 - Tues.,July 19, 1983
VII. PETITIONS, REQUESTS & COMMUNICAllONS
A. TARGET, Request for Site Plan Review for Retail Service Use. Lo
c
a
t
i
o
n
:
Page 1571
East of Highway 169, north of Prairie Center Drive.
VIII. ORDINANCES & RESOLUTIONS
A. 2nd Rebding_of_Ordin .ance_No. 22-83,_7onin_g_ from Rural2tq_R1-9.5„ R1713„5, Page 1575
and R1-22, fspproval of Developer's Agreew.nt for Hidden Glen, and A
d
o
p
t
i
o
n
of .Resolution No. 83-167, App:oving Summary of,prdinance,No._22-83 and
.
orderiu the Publication of said Summary for Hidden Glen. 22.8 acre
s
for 59 single family lots south of Townline Road and east of Highwa
y
1
0
1
.
B. Final Pig WrOVal for Hidden...Sim (Resolution No. 83-178)
IX REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
-1. Custodial Service's for -the Public•Safety -DekartMent
C. Report of City Attorney
D. Report of Director of Community Services
1. 1984 LAWCON .Crant
2. Edenvale Land Dedication Requirements
E. Report of Planning Director
F. Report of Director of Public I:orks
1. Award contract_for Rymarland .Cama_3rd Addition,_I.C._52-043 (Resolution
X. NEW BUSINESS
XI. ADJOURNMENT,
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNC,I4•
TUESDAY, JUNE 21, 1983
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
7:30 PM, CITY HALL
Mayor Wolfgang H. Penzel, Richard Anderson, Geor_,.
Bentley, Paul Redpath and George Tangen
City Manager Carl J. Jullie, City Attorney Roger
Pauly, Planning Director Chris Enger, Director
of Community Services Robert Lambert, Director
Public Works Eugene A, Dietz, and Recording Sec-
retary Karen Michael
INVOCATION: Mayor Wolfgang H. Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: Councilman Richard Anderson was absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: VIII. A. 1. Dangerous intersection:„
VIII. B. 5. Receivo 10E_petition for improye ,Ints -ThHmarlJ Lenin \'12-"; B. 6—
Purchase Agreement for Right-of-way - prairie Center Drive project.
The following item was removed from the Consent Calendar as item IV. D. to VIII.
B. 7._ 2nd Reading of Ordinance No. 13-23, Zoning Amendment to 1-2, Approvanif -
DeVeloner's Agreement Amendment for Westwood Industrial Park, and Adoption of
Resolution No. 23-13B, Approving Summary of Ordinance No. 13-23, and Ordering the
Publication of said Summary for Westwood Industrial Park by Bury Carlson. 37
acres for Industrial Park development south of County Road 67, west of St. John's
Woods Townhouses.
The following item was added to the Agenda as VIII. B, 8, Update on TB 212 Task
Force
MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items
of Business as amended and published. Motion carried unanimously.
II. PRESENTATION OF DONATION FROM JAYCEE MEN AND JAYCEE WOMEN ORGANIZATIONS
Director of Community Services Lambert introduced Wayne Schimer and Bob Wurtzman
representing the Eden Prairie Jaycees and Betty VanAlstine and Renee Wiley of the
Iden Pi- iii ii Jaycee Women who presented checks to the City for $3200 and MO
respectively. The money will he us6d to purchase sail boats and picnic tahles
to in usod at Round Lake Park. Mayor Penzel extended the appreciation of the City
to these organizations for their donat i ons to Community Service Department projects.
City Council Minutes -2- June 21, 1983
Lambert also noted the Morning Lions Club had donated $439,35 for the purchase
of a canoe and necessary equipment.
III. MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD SATURDAY, JUNE 4, 1983
MOTION: Tangen moved, seconded by Redpath, to approve the minutes of the
Special City Council Meeting held Saturday, June 4, 1983, as published
Motion carried unanimously.
IV. CONSENT CALENDAR
A. Award contract for Brookvi_ew Circle Improvements, I. C. 52.040 (Resolution
No. 83-i42 - -
B. Authorization to transfer excess_property_from Hennepin County to City West
C. Receive feasibility_ report for Anderson Lakes parkway Utility and Street Im-
prove7nts and set Public Hearing_foljoly 19, 1981, I. C. 52-035 (Resolu-
tion No. 83-1M-
D. 2nd Reading of Ordinance No, 13-83, Zoning Amendment to 1-2, Approval of
Developer's Agreement Amendment
or Westwood Industrial Park, and Adoption
of Resolution No. 83-138, Approving Summary_of Ordinance No. 13-83, and
Orderiu the Publication of said Summary for Westwood Industrial Park by
Bury Crlson. 37 acres for Industrial Park development south of County
Road 6), west of St. John's Woods Townhouses. - Moved to item VIII. B. 7.
E. Clerk's License List
F. 2nd Reading of Ordinance No. 25-83, amending_Cable TV 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, prescribieg installations charges as set forth herein; and amend-
ing the exhibits
G. 1st Reading of Ordinance No. 28-83, amending City Code Sections 6.02 and 6.03
which relate to the apiOication and scuo of Chapters 6, 7, and 8; amending_
City Code Section 8.06 which relates to truck parking in residential districts
and adopting by reference City Code Chapter 1 and Sections 6.99, 7.99 and
8.99 among other things, contain penalty provisions
MOTION: Bentley moved, seconded by Tangen, to adopt items A - C and E - G
on the Consent Calendar. Motion carried unanimously.
V. PUBLIC HEADINBS
A. CITY WEST BUSINESS CENTER by Ryan Construction, Request for Planned Unit
Development District Review, Planned Unit Development. Amendment Approval;
Zoning from Rural to 1-2; and Preliminary Plat approval of 14.05 acres into
two lots for office/service/storage uses. Location: northwest of Shady Oak
Road, vest of 169/212, (Resolution No. 83-135 - POD, Ordinance No. 26-83 -
Zoning, and Resolution No. 63-136 - preliminary plat)
City Council Minutes -3- June 21, 1983
City Manager Jullie noted official notice of
t
h
i
s
P
u
b
l
i
c
H
e
a
r
i
n
g
h
a
d
been published and notification had been sent
t
o
r
e
s
i
d
e
n
t
s
w
i
t
h
i
n
t
h
e
project vicinity.
Al Schackman, Ryan Construction, addressed the
p
r
o
p
o
s
a
l
.
S
c
h
a
c
k
m
a
n
a
l
s
o
presented to the Council letters from Charles
J
a
m
e
s
,
o
f
J
a
m
e
s
R
e
f
r
i
g
e
r
a
t
i
o
n
,
Edward Sieber, and Leonard Hherka, owners of a
d
j
a
c
e
n
t
p
r
o
p
e
r
t
i
e
s
,
w
h
o
a
r
e
in support of the project (see attached.)
Planning Director Enger stated the Planning Co
m
m
i
s
s
i
o
n
h
a
d
r
e
v
i
e
w
e
d
t
h
i
s
request at its May 9, 1983, meeting at which t
i
m
e
i
t
w
a
s
c
o
n
t
i
n
u
e
d
t
o
t
h
e
May 23, 1983, meeting so Staff could provide t
h
e
h
i
s
t
o
r
y
o
f
t
h
e
C
i
t
y
W
e
s
t
development to the Planning Commission. A mem
o
r
a
n
d
u
m
d
a
t
e
d
M
a
y
2
0
,
1
9
8
3
,
outlined the requested information. At its Ma
y
2
3
,
1
9
8
3
,
m
e
e
t
i
n
g
,
a
m
o
t
i
o
n
to deny the request for Pill) District Review a
n
d
t
h
e
P
U
D
A
m
e
n
d
m
e
n
t
f
a
i
l
e
d
(3-3-0). A motion to recommend denial of zon
i
n
g
f
r
o
m
R
u
r
a
l
t
o
1
-
2
c
a
r
r
i
e
d
(4-2-0). A motion to recommend denial of the p
r
e
l
i
m
i
n
a
r
y
p
l
a
t
f
a
i
l
e
d
(
3
-
3
-
0
)
.
Eneer noted the recommendations included in the
S
t
a
f
f
R
e
p
o
r
t
d
a
t
e
d
M
a
y
6
,
1983, were not adopted by the Planning Commiss
i
o
n
.
E
n
g
e
r
r
e
v
i
e
w
e
d
t
h
e
c
o
m
p
a
r
-
ison of the current request to the original C
i
t
y
W
e
s
t
P
U
D
c
r
i
t
e
r
i
a
a
s
outlined in the May 20, 1983, Staff Report, En
g
e
r
a
l
s
o
a
d
d
r
e
s
s
e
d
t
h
e
land use controls which might be included in a
p
r
o
p
o
s
e
d
"
h
i
g
h
t
e
c
h
"
z
o
n
i
n
g
category. He noted that in this category buil
d
i
n
g
s
s
h
o
u
l
d
b
e
n
o
l
e
s
s
t
h
a
n
40 office, no more than 40% assembly, and no
m
o
r
e
t
h
a
n
5
0
%
s
t
o
r
a
g
e
.
There was no report from the Parks, Recreation
&
N
a
t
u
r
a
l
R
e
s
o
u
r
c
e
s
C
o
m
m
i
s
s
i
o
n
.
Bentley said he had a question as to whether
o
r
n
o
t
t
h
i
s
s
h
o
u
l
d
b
e
z
o
n
e
d
1-2 or office; why can't this be zoned for o
f
f
i
c
e
u
s
e
?
C
i
t
y
A
t
t
o
r
n
e
y
P
a
u
l
y
said the City Code specifically provides that
u
n
d
e
r
a PUD Development Program
the uses can be limited but cannot be expande
d
b
e
y
o
n
d
t
h
o
s
e
f
o
r
w
h
i
c
h
t
h
e
basic zoning occurs. Pauly noted the PUD proce
s
s
w
o
u
l
d
p
e
r
m
i
t
a
m
e
n
d
m
e
n
t
s
t
o
the performance standards but not with regard
t
o
t
h
e
u
s
e
s
t
a
n
d
a
r
d
s
.
H
e
s
a
i
d
by permitting uses to change on a case by case
b
a
s
i
s
t
h
e
i
n
t
e
g
r
i
t
y
o
f
t
h
e
uses would be suspect and the PUD process woul
d
b
e
c
o
m
e
d
i
l
u
t
e
d
.
B
e
n
t
l
e
y
asked if this woulu he an appropriate land use
w
i
t
h
i
n
t
h
i
s
p
r
o
j
e
c
t
r
e
l
a
t
i
v
e
to the initial approvals which had been given
.
B
e
n
t
l
e
y
e
x
p
r
e
s
s
e
d
c
o
n
c
e
r
n
about users other than the initial building o
c
c
u
p
a
n
t
.
P
e
n
z
e
l
s
a
i
d
a
t
i
m
e
frame could be adopted for adoption of a new
z
o
n
e
.
P
a
u
l
y
s
a
i
d
t
h
a
t
w
o
u
l
d
take a couple of months. Redpath noted this p
r
o
b
l
e
m
a
r
o
s
e
w
i
t
h
a
n
o
t
h
e
r
project; everyone seems to fear the 1-2 zone
f
o
r
t
h
i
s
t
y
p
e
o
f
p
r
o
j
e
c
t
.
Penzel wondered if the City could require an
o
c
c
u
p
a
n
c
y
p
e
r
m
i
t
f
o
r
e
a
c
h
new tenant in a building. Pauly said this is
n
o
t
a
r
e
q
u
i
r
e
m
e
n
t
o
f
t
h
e
present City Code but such a provision could
b
e
m
a
d
e
;
t
h
e
r
e
w
o
u
l
d
b
e
q
u
i
t
e
an administrative burden with this.
Redpath stated the residents of Golden Ridge
h
a
v
e
b
e
e
n
v
e
r
y
o
b
s
e
r
v
a
n
t
a
s
to what has been going on with this City West
p
r
o
j
e
c
t
.
O
n
e
o
f
t
h
e
r
e
s
i
d
e
n
t
s
was promised on May 0th to receive help with
l
a
n
d
s
c
a
p
i
n
g
;
t
h
i
s
h
a
s
n
o
t
b
e
e
n
done. Scott Anderson, spokesman for AD!, state
d
t
h
a
t
c
a
r
d
s
h
a
d
b
e
e
n
d
r
o
p
p
e
d
at the homes of residents who are to receive l
a
n
d
s
c
a
p
i
n
g
a
s
s
i
s
t
a
n
c
e
.
Ng
City Council Minutes -4- June 21, 1983
Tangen said he has problems with this land use. He would like to see
it reviewed in relationship to the entire I200. Enger reviewed the
proposal using the overhead projector to outline areas visually. He
noted the original plan had called for 140,000 square feet of office space
and the new plan includes a total of 174,000 office/warehouse/assembly (high
tech) space. While there is 20% more building area there are fewer
parking spaces (50k less area; rather than 750 spates there are 496 pro-
posed.) Tangen asked if the impervious surface of the interior area
had been calculated into the parking space coverage area. Enger said
the interior surface would be in addition to the parking.
Schackman said he had asked Staff for some additional clarification on
some of the issues raised and stated he is in agreement with the concept
and intent of the Staff. He said he has some problems with the limitations
as to the percentages for each type of use. Regarding the future use of
the buildings, he felt the likelihood of this turning into some of the heavier
industrial uses which have been mentioned were negligible because of the
design and size of the buildings under consideration. He also stated the
building height of 12 would limit the use. He said the plan is to have 45%
office use. Initial rentals would be over $5,50 per square foot which is
too expensive for industrial users.
Redpath asked if the roof-top paraphernalia could be screened. Schackman
explained the type of screening which they planned to use. The planting
and landscaping plan was also discussed. Tangen asked if some of the trees
are now in place; Scott Anderson said 6 or 8 are. Enger noted the types of
trees which were indicated on the plans. Penzel asked Schackman to explain
the interior trail system, PenzeT asked if the buildings might be faced with
brick. Schackman noted their designer had just won an award for this design
which uses burnished block; it would require an entire design change if that
were to be necessary.
Duke Addicks, lawyer for the Golden Ridge residents, said the residents
feel this is a serious change from the way this was originally approved.
He said today an Environmental Assessment Worksheet on the project was
requested today, He said this was done because the residents feel there
has been a substantial change in the land coverage; there will be additional
truck traffic which will create air and noise pollution. He stated there are
OSHA standards which must be adhered to due to air transferring required in
any assemblying operation. He said the request of the neighbors addresses
two issues: the appropriateness of the land use for this area and the need
for a now EAW.
Penzel said the property has never been zoned for residential but has been
Rural. Ho inquired what prohibitions aught be in place in regard to action
the City Council might take now that this petition for an EAR had been filed.
City Attorney Pauly said the City Council must determine whether or not a
new [CO is necessary; this does not preclude preliminary action by the Council.
Contley noted there is an existing EAW on this project. He felt the air
pollution from cern would be greatly reduced -- this would really be a high
tech offiee rather than a heavy industrial use.
City Council Minutes -5. June 21, 1983
Warren Gorecke, 6622 Golden Ridge Road, expressed concern over the "big
picture" and the effect this would have on the whole City West project.
Jan Gerecke, 6622 Golden Ridge Road, asked if this proposal would fit into
a project which had already been zoned 1-2. Enger said it would. Bentley
notnd that changes in economic conditions warrant changes in the way things
develop.
Redpath asked if there could be plantings in the interior area of the buildings
Schackman said that had not been considered; that would not help with snow
removal.
Bentley said he would like to see restrictions within an 1-2 park as to
what can and cannot be done.
Ponzel said he sees this as a pursuit to amending Chapter 11 of the City Code.
He said he has a number of reservations about the sight lines. He would like
the number of buildings addressed as he would like to see smaller buildings.
He would also like the issue of the outside facing addressed as he would like
the facades within an office complex to be consistent. He also said he would
like the trail system looked into. Bentley concurred. Tangen said he did
not feel he had seen enough of the details; there is nothing firm on which
to base a decision. Bentley said he would like to see the Planning Commission
look at this again with emphasis on the plan and not on what the concept was.
Penzel said he would like to have a new zone available prior to any formal
action; the EAW may require that. Pauly said that the Code would have to
be amended prior to the use of any new zoning provision being used; this would
take some time.
Schackman said timing was of concern and they would like this issue to be
expedited. He said he would be willing to withdraw his request from tonight's
Agenda and come back with it at the next Council meeting.
MOTION; Bentley moved, seconded by Redpath, to continue the Public Hearing
on this request to July 19, 1983, and to refer the matter back to the Planning
Commission for further review. Motion carried unanimously.
B. WELSH CONSTRUCTION, INC. Request for Zoning from Rural and R1-22 to Office;
and Preliminary Plat approval of 1.5 acres for office land use. Location:
north of West 78th Street and east of Prairie Center Drive. (Ordinance No.
27-83 - zoning and Resolution No. R3-137 - preliminary plat)
City Manager Jul lie said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified,
Dennis Doyle, President of Welsh Companies, spoke to the proposal, noting
this would be their corporate headquarters, Lee Barris project manager, •
addressed specifics of the proposal,
Planning Director Enger said the Planning Commission had reviewed the request
at its May 23, 19P3, mootinn at which time it voted to recommend approval
subject to the recnomaendations included in the May 20, 1983, Staff Report ,
and the additions as noted in the May 23, 1923 Planning Commission Minutes,
City Council Minutes -6- June 21, 1983
Redpath asked what efforts would be taken to protect the 36° oak tree
which is on the property. Doyle said this had been discussed and was
considered to be one of the amenities of the property; he indicated
measures will be taken immediately to preserve the tree.
Penzel noted there was a piece of City owned property involved in this
proposal and he wondered how the proponent intended to acquire it.
Doyle said he thought there was an option on the property. City Attorney
Pauly said the property was subject to an option to individuals who owned
some other property and that option was part of the right-of-way consider-
ation for Prairie Center Drive; the Welsh Companies would have to deal with
a third party. Doyle said that is in process.
There were no comments from the audience.
MOlION: Bentley moved, seconded by Tangen, to close the Public Hearing
and to give 1st Reading to Ordinance No, 27-83. Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-137,
approving the preliminary plat of Welsh Offices for Welsh Construction.
Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a
Developer's Agreement subject to the recommendations of the Commissions,
Staff and City Council. Special provisions should be taken to protect
the oak tree including bonding protection (caliper inch for caliper inch
replacement policy) and any right-of-way disturbed in grading will be re-
turned to its original state. Motion carried unanimously.
C. GUSTAFSTI. & ASSOCIATES. Request for Zoning from RM-6.5 and R1-13.5 for two
single family detached homes on two lots. Location; adjacent to Cardinal
Creek Road and west of Stonewood Court. (Ordinance No. 29-83 - zoning)
City tanager Jul lie stated that notice of this Public Hearing had been
published and property owners within the project vicinity had been notified.
Planning Director Enger said the Planning Commission had reviewed this request
at its Hay 23, 1983, meeting at which time it had voted to recommend approval.
There were no comments from the audience.
MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing
and to give 1st Reading to Ordinance No. 29-83. Motion carried unanimously.
D. ORDINANCE NO. 30-83, At FOR INTERIM USES IN THE MAJOR CENTER AREA
City Manager Jul lie said official notice of this Public Hearing had been
published. He explained the draft of this Ordinance had been prepared by
City Attorney Pauly 's office with input from City Staff and the Planning
Commission had reviewed this Ordinance and recommended approval.
City Council Minutes -7- June 21, 1983
Redpath asked if the interim use would be for a particular building or
for each specific user/occupant of that buflding. City Attorney Pauly
said it was his feeling this would be tied down to one use; permission
would have to be granted for each additional use.
Bentley asked what the square footage of business or advertising signs
would be and what the definitions were of "minor revisions" and 'major
revisions." The consensus was that these would be determined prior to
the 2nd Reading. Some suggestions as to the definition of "major revision"
were: cost of 10% of the market value of the building; "minor revision"
would be anothing less than 10%. The consensus as to sign size was eight (8)
square feet.
There were not comments from the audience.
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing
and to give 1st Reading to Ordinance No. 30-83 as amended. Motion carried
unanimously.
VI. PAYMENT OF CLAIMS NOS. 7997 - 8247
MOTION: Tangen moved, seconded by Redpath, to approve the Payment of Claims Nos.
7997 - 8247. Roll call vote: Bentley, Redpath, Tangen and Penzel voted "aye."
Motion carried unanimously.
VII. REPORTS or ADVISORY _COMMISSIONS
A. Historical _h Cultural . Commission . - Cummins/Grill House (Resolution No. 83-144)
Director of Community Services Lambert spoke to his memorandum of June 15 1983,
regarding the official name for the former residence of J. R. Cummins and
Martin and Mildred Grill and Sandy Werts memorandum of June 9, 1983, con-
cerriing the Community Development Block Grant for Restoration of the Cuanins/
Grill Homestead.
MOTION: Redpath moved, seconded by Bentley, to authorize the MacDonald &
Mack Partnership to proceed with architectural services and to secure
quotations for the repair mirk to the Cummins-Grill Homestead as per Ms.
Wert's niemo of June 9, 1983. Roll call vote: Bentley, Redpath, Tangen
and Penzel voted "aye." Motion carried unanimously.
MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 83-144,
designating the offi cal name of the former residence of J.R. Cummins and
Martin and Mildred Grill as the Cummins-Grill Homestead. Motion carried
unanimously.
VIII. REPORTS OF OFFILERS, BOARDS & COMMISSIONS
A. Reports of Courxil Members
1. Dangerous intersection - Penzel stated there had been a serious accident
near the inL,Tsectien of Blossom Road and Pioneer Trail (County Road 1)
which again biought to attention the fact that that intersection should
be clow:d off.
City Council Minutes June 21, 1983
MOTION: Bentley moved, seconded by Tangen, to direct Staff to
take the appropriate measures so the east end of Blossom Road
will be closed off in the near future.
Sally Brown, 10080 Bennett Place, asked that Blossom Road be extended
to connect to Bennett Place at the time this action is done. Penzel
said that would be part of the proposal.
VOTE ON THE MOTION: Motion carried unanimously.
B. Report of City . Mauler
1. Discussion on Commercial Stables Ordinance
City Manager Jul lie noted the Council members had received a proposed
draft of the commercial stable code and introduced Zoning Administrator
Jean Johnson who addressed the draft ordinance. Various questions were
raised about specific points within the draft.
Mark Hamer, 9725 Pallisades Circle, stated the issue regarding commer-
cial stables comes down to a question of stable management. He said
you can have a number of horses kept in one barn on small acreage --
he has heard of as many as 120 horses kept on a 5 acre parcel. He said
he is against those operations which allow "wholesale riding." Penzel
said he thought this might be provided for if a provision such as "you
shall have no more than four horses per acre unless lON stabling is
provided for them" is included in the ordinance.
Redpath asked if the City was having problems with stables. Johnson
said it was not.
Bentley asked that under Subdivision 4 dealing with inspections the
following be added but in no event less than twice a year to the
first sentence.
Redpath asked if the City would hire a veterinarian. Johnson said
that would probably not be necessary unless abuse was found.
Bentley asked if inspections would be necessary prior to license renewal.
Sally Brown, 10080 Bennett Place, said her attorney had spoken with City
Attorney Pauly and it WS the understanding of her attorney that it was
not the intent of this ordinance to cover her operation. She said she
considers her use to be "farming." Pauly said the question had been raised
as to whether or not her operation is a non-conforming use -- if it existed
prior to 1969, this would legalize the present operation. Brown said she
has been there for 19 years. Pauly said the 1969 Ordinances said "there
will be no raising of livestock, etc." He told Brown that she would not
need the stable ordinance to operate legally because she is a non-conform-
ing use due to 19 years of raising livestock.
MOMON: Bentley moved, seconded by Redpath, to set a Public Hearing
on tho Corlc ,rci,,1 Stables Ordinance for the July 19, 1983, meeting of
the CiLy Council, Flirt oil carried unanimously,
City Council Minutes -9- June 21, 1983
2. Discussion on Sign Ordinance
Jean Johnson, Zoning Administrator, spoke to the proposed public
district sign regulations and her memmrandum of June 16, 1983.
Redpath asked if signs such as the one outside of St. Andrew Lutheran
Church which has a message would be allowed. He also wondered about
church signs which advertise Bible school, etc. Planning Director Enger
said the ordinance would not allow churches to have signs -- St. Andrew
is the only church that has one. He said if the Council wishes to allow
me.isage board signs that language will be added to the ordinance.
Penzel asked how the sign size is measured. He felt that creativity in
design of signs might be limited depending on the criteria used.
Johnson noted the variance procedure would be available as a provision
of the proposed ordinance.
MOTION: Bentley moved, seconded by Tangen, to set a Public Hearing
on the Sign Ordinance for August 2, 1983. Motion carried unanimously,
Morris Mikkelson, 6635 West 175th Avenue, noted the special temporary
conditions for which churches need special signs. He said this should
be provided for in the ordinance. He raised the questions as to whether
or not crosses, doves, etc. are symbols or are considered to be a part
of an actual sign.
Brian Bittner, 7501 Superior Terrace, representing Christ Lutheran Church,
noted his church has a cross attached to a sign and said they need to have
a way in which to advertise a change in hours during the summer as well as
special programs offered by the church.
3. Discussion on Department Head Co2pensation
MOTION: Bentley moved, seconded by Redpath, to approve the additional
perquisites for Department Heads as outlined in City Manager Jullie's
memorandum to the Council. Roll call vote: Bentley, Redpath, Tangen
and Penzel voted "aye." Motion carried unanimously.
Tangen said it was hard to interpret salary figures without knowing the
tenure, size of staff, and the like of each department head, Jullie
said the information he gave to the Council showed salaries of department
heads relative to those in other communities.
4. Discussion on Local 49 Contract
MOTION: Bentley moved, seconded by Tangen. to endorse the recommendations
of City Manager Jullie in regard to the Local 49 Contract, Motion carried
iso sly
City Council Minutes -10- June 21, 1983
5. Receive 100% petition for imkrovements -Itymarland Camp
MOTION: Redpath moved, seconded by Tarlgen, to adopt Resolution No.
83-146, receiving 100% petition, ordering improvements and preparation
of plans and specifications for public improvements for Rymarland Camp
3rd Addition - I.C. 52.043. Motion carried unanimously.
6. Purchase Agreement for Rioht-of-way_. Prairie Center Driveproject
Director of Public Works Dietz said this right-of-way was necessary
for an off ramp from 1-494 onto Prairie Center Drive. He said this
property might have to be obtained by condemnation. An appraisal
said the property was worth $143,600. The consensus of the Council
was this was too high.
MOTION: Bentley moved, seconded by Tangen, to direct Staff to get
a second appraisal and authorize Staff to proceed with condemnation
proceedings should that be necessary, Motion carried unanimously.
7. 2nd Reading of Ordinance No. 13-83, Zoning .Amendment to 1-2, Approval
of Developer's AlEtement Amendment for Westwood Industrial Park, and
AT:TA-ion Cf. Resolution No. 83-133, Approving . Summary_of_Ordinance No,
13-83„ and Orderino_the Publication of -said Summary_for Westw66d -In.
Tustr-ial Fari-Tly:Bury Carlson. acre -Tor industrial lraTk development
-sOuth of_ County Road 67, west of St. John's Woods Townhouses. - formerly
IV. D.
City Manager Jullie noted the proponent had a problem with paragraph
B. on page 3 of the Developer's Agreement. He said that language would
be replaced with the following:
1. The rough grading plan dated ,1983, indicating restoration
of the east slope and County Road 67 slope according to the June 1,
1933, landscape plan and the June 2, 1983, specification memo from
Craig's Turf. The Owner shall obtain a bond in favor of the City of
Eden Prairie for 125:, of the estimated value. Completion of the
revegetation by June 15, 1984. The approved bond is required by the
City prior to building permit issuance.
2. As grading is completed on other areas of the site, the disturbed
areas shall be revegetated or built upon and finished landscaped
within three months of completion of grading.
MOTION: Bentley moved, seconded by Redpath, to grant 2nd Reading of
Ordinance No. 13-83, 7oning Amendment to 1-2, Approval of Developer's
Agreement Amendment with the revised language for Westwood Industrial
Park, and Adoption of Resolution No. 83-138, Approving Summary of
Ordinance No. 13-83, and Ordering Publication of said Summary for
Westwood Industrial Park by Bury Carlson. Motion carried unanimously.
City Council Minutes -11- June 21, 1983
8. ppdate on TH 212 Task Force
Planning Director Enger said he would make an informal presentation
at the July 5. 1983, City Council meeting to review the work of the
TH 212 Task Force. The consensus of the Council was to invite the
members of the Chanhassen and Chaska City Councils to a joint meeting
on Tuesday, July 12, 1983, at 7:30 p.m. at Eden Prairie City Hall.
C. Report of City Attorney_
City Attorney Pauly said the Meat Cutters had voluntarily dismissed its
appeal against the special assessments which had been adopted by the Council
last Fall.
He noted nemoranda he had sent to Council members on land alteration and
the permit process.
D. Repprt of Director of Conaunitv Services
I. Request from Riley Pulgatory Creek Watershed District regarding Staria
Lake Study
Director of Community Services Lambert addressed his memorandum of
June 2, 1983, in which he addressed the request from the Watershed
District.
Tangen asked why the City should assist in the cost of this Study
since the Watershed District has taxing authority. Lambert said
the District's budget for the year had been set and this was an un-
anticipated expense. He said in the past the City has done things
with them on a 50/50 basis.
Director of Public Works Dietz said the City will probably have to
adopt water quality standards and in the future studies such as this
will become the City's responsibility.
Bentley said he felt this was worthwhile because the District might
do something more rapidly if the City were to participate.
Redpatt noted that Round Lake is getting to be the same as Staring Lake
is; there is a bad water problem there.
Tongen asked where the money for the Study would come from. City Manager
Jul lie said it would have to come from the General Fund.
MOTION: Redpath moved seconded by Bi:ntley, to authorize the expenditure
of not more than $2,000 for the City's participation in the Staring Lake
Study as per Director of Community Services Lambert 's memorandum of
June 2, 1983. Roll call vote: Bentlq, Redpath, Tangen and Penzel
voted "aye." Motion carried unanimously.
City Council Minutes -12- June 21, 1983
MOTION: Bentley moved, seconded by Redpdth, to continue the meeting beyond the
11:30 scheduled time of adjournment. Motion carried unanimously.
IX. NEW BUSINESS
Jeff LaBore, 6836 Duck Lake Road, addressed the Council in regard to a drainage
problem he has. He lives at the corner of Radon Drive and Duck Lake Road.
(Earlier in the Council meeting another resident of Radon Drive had attempted
to speak to the same issue. He was found to be out of order and did not remain
at the meeting to speak to the problem at this time.)
Penzel said he was very familiar with the problem as he used to live in that
neighborhood. He said the neighborhood would have to get together to fill
their backyards and relandscape.
MOTION: Tangen moved seconded by Bentley, to instruct the City Engineer to
investigate the problem and to report back to the City Council; if there is some-
thing which can be done to lessen the problem that should be done. Motion carried
unanimously.
X. ADJOURNMENT
MOTION: Bentley moved, seconded by Tangen, to adjourn the meeting at 11:44 p.m.
Motion carried unanimously.
Itt :b
I .
The following items whcih are referenced in the Minutes of the Eden Prairie
City Council, June 21, 1983, are on file in the Office of the City Clerk:
1. Letter of May 25, 1983 from Charles James re City West
(Ryan Construction Co. Rezoning Request).
2. Letter of May 25, 1983 from Ed Sieber re City West
(Ryan Construction Co. Rezoning'Request).
3. Letter of May 25, 1983 from Leonard and Betty Uherka re
City West (Ryan Construction Rezoning Request).
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
July 19, 1983
CONTRACTOR (MULTI-FAMILY & COMM.)
Morton Buildings, Inc.
CONTRACTOR (1 & 2_FAMILY)
Barnett Builders
Jim's Construction
Laurent Construction
McKlyn Construction, Inc.
C. N. Ostrom & Son
Patterson Masonary Construction, Inc.
HEATING_& VENTILATING
Flare Heating & Air Conditioning, Inc.
Palen-Kimball Company
GAS FITTER
Flare Heating & Air Conditioning, Inc.
Pal en-Kimbal 1 Company
These licenses have been approved by the department heads responsible
for the l'censed activity.
614.1
Pat Solie, Licensing
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 23-83
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.
Section 2. That action was duly initiated proposing that the land be
placed in the RM-6.5 District-Planned Unit Development 6-83 District (hereinafter
"PUD 6-83").
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 Hans Hagen Homes, Inc. and the City of Eden Prairie (hereinafter
"Developer's Agreement"). The Developer's Agreement contains the terms and
conditions of PUD 6-83, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD 6-83 is not in conflict with the goals of the Guide Plan of the
City.
B. PUD 6-83 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 6-83, are justified by the
design of the development described therein.
D. PUD 6-83 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, placed in the RM-6.5-Planned Unit Development 6-83 District, and the
legal descriptions of land in the district referred to in City Code Section 11.03,
subdivision 1, subparagraph B, shall be and is amended accordingly.
Section 6. City Coda 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 Ordinaoce shall become effective from and after its
p,-;':,nage and publication.
FIRST READ at a regular meeting of the Ci .ty.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
Legal Description
Lot 1, Block 11, Northmark 2nd Addition.
Northmark 4th Addition
7/83
DEVELOPER'S AGREEMENT-PUD 6-83
THIS AGREEMENT, made and entered into as of
, 1983 by
and between HANS HAGEN HOMES, INC., a Minnesota corporatio
n
,
h
e
r
e
i
n
a
f
t
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r
e
f
e
r
r
e
d
to as "Owner," and the CITY OF EDEN PRAIRIE, a municipal c
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p
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a
t
i
o
n
,
h
e
r
e
i
n
a
f
t
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referred to as "City,"
WITNESSETH:
WHEREAS, City previously approved Planned Unit Developmen
t
7
0
-
0
3
f
o
r
t
h
e
Preserve by adoption of Resolution 360A, which included t
h
e
p
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o
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t
y
w
h
i
c
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i
s
t
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subject of this developer's agreement, and which consiste
d
o
f
m
o
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e
t
h
a
n
1
5
a
c
r
e
s
;
and,
WHEREAS, City previously approved zoning for Northmark
4
t
h
A
d
d
i
t
i
o
n
b
y
Ordinance No. 80-14, from Rural to RM-6.5 based on plans
d
a
t
e
d
F
e
b
r
u
a
r
y
2
9
,
1
9
8
0
;
and,
WHEREAS, Owner has applied for Planned Unit Development Di
s
t
r
i
c
t
,
Z
o
n
i
n
g
Amendment, and preliminary platting for Northmark 4th Add
i
t
i
o
n
,
l
o
c
a
t
e
d
a
t
w
e
s
t
o
f
Centerway and north of Nesbitt Preserve Park, situated in
H
e
n
n
e
p
i
n
C
o
u
n
t
y
,
S
t
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Minnesota, more fully described in Exhibit A, attached her
e
t
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n
d
m
a
d
e
a
p
a
r
t
h
e
r
e
o
f
and hereinafter referred to as. "the property;" and,
WHEREAS, Owner has applied to City to develop approximatel
y
5
.
2
a
c
r
e
s
o
f
land for construction of 32 townhouse units upon the property
;
NOW, THEREFORE, in consideration of the City adopting Ordi
n
a
n
c
e
2
3
-
8
3
a
n
d
Resolution 83-131, Owner covenants and agrees to construc
t
i
o
n
u
p
o
n
,
d
e
v
e
l
o
p
m
e
n
t
,
and maintenance of said property as follows:
1. Nner shall plat and develop the property in conformance
w
i
t
h
t
h
e
material dated April 7, 1932, reviewed and approved by
t
h
e
C
i
t
y
Council on June 7, 1983, and attached hereto as Exhibit B an
d
m
a
d
e
a
part hereof, subject to such changes and modifications as
p
r
o
v
i
d
e
d
herein. Owner shall not develop, construct upon or main
t
a
i
n
t
h
e
property in any other respect or manner than provided herei
n
.
111(,a
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. Owner shall develop the property in accordance with that certain
developer's agreement dated July 1, 1980, entered into by and
between The Preserve, a co-partnership consisting of Carter & Gertz,
Incorporated, a Minnesota corporation, and The Minnesota Gas
Company, a Delaware corporation, except to the extent that said
agreement is inconsistent with this Agreement. Such agreement is
Incorporated herein by this reference.
The Preserve Planned Unit Development approved by Resolution #360A
is hereby amended to the extent that it is inconsistent with this
Agreement.
4. Prior to release of final plat by the City, Owner shall submit to
the City for review and receive the City's approval of the
following:
A. . To the Planning Department:
1. A revised site plan showing the garage on Lot 2
moved out of the front yard setback.
2. A revised landscaping plan, with grading, site
layout, plant material type and sizes. Plant
material sizes shall be changed to 6 ft. minimum
height for evergreens and two (2) inch caliper for
deciduous overstory trees. Additional evergreens
shall be placed west of Lots 18, 19, and 20.
B. • To the Engineering Department:
Plans for water, sanitary sewer, storm sewer, utility
easements, and drainage.
5. In implementation of the Planned Unit Development District
Amendment, City authorizes minimum lot size, depth, and width
dimensions as indicated on Exhibit B.
IL.1 1
ATTEST:
John D. Franc, City Clerk
Northmark 4th Add.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83466
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 23-83 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 23-83 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. 23-83, 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. 331.0/.
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. 23-83 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.
Wlfgang H. Penzel, Mayor
Northmark 4th Add.
The following is the full text of the City of Eden Prairie Ordinance No. 23-83,
which was adopted and ordered published at a regular 16eting 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. 23-83
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. .
Section 2. That action was duly initiated proposing that the land be
placed in the RM-6.5 District-Planned Unit Development 6-83 District (hereinafter
"PUD 6-83").
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 Hans Hagen Homes, Inc. and the City of Eden Prairie (hereinafter
"Developer's Agreement"). The Developer's Agreement contains the terms and
conditions of PUD 6-83, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD 6-83 is not in conflict with the goals of the Guide Plan of the
City.
B. PUD 6-83 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 6-83, are justified by the
design of the development described therein.
D. PUD 6-83 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, placed in the RM-6.5-Planned Unit Development 6-83 District, and the
legal descriptions of land in the district referred to in City Code Section 11.03,
subdivision 1, subparagraph B, shall be and is amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and
lefinitions Applicable to the Entire City Code Including Penalty for Violation" and
JmAion 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their
eniirety by reference, as though repeated verbatim herein.
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______ of , and finally read and
adopted and ordered publishedat 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
Summary of Developer's Agreement: Northmark 4th Addition
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 revised site plan showing the garage on Lot 2 moved out of the
front yard setback.
• 3. Submission of a landscape plan, with grading, site layout, plant material
type and sizes. Plant material sizes shall be changed to 6 ft. minimum
height for evergreens and two (2) inch caliper for deciduous overstory
trees. Additional evergreens shall be placed west of Lots 18, 19, and 20.
4. Plans submitted to the Watershed District.
5. In implementation of Planned Unit Development, City authorizes minimum lot
size, depth, and width dimensions as indicated on Exhibit B.
6. Owner to develop the property in accordance with the developer's agreement
for the property dated July 1, 1980, except as it is inconsistent with this
developer's agreement. Said agreement is incorporated herein by reference.
7. Submission to the City Engineer of a development Plan for the land.
( 8. Developer's warranty of title to the land.
9. 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.
10. 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.
11. Payment of first three (3) years' street lighting, engineering review, and
street signs costs.
12. Developer's commitment not to oppose rezoning if Developer fails to proceed
in accordance with the Developer's Agreement within 24 months.
13. Application of the Developer's Agreement to transferees of the land.
14. City's remedies in the event that Developer violates the provisions of the
Developer's Agreement.
15. Notice to the City's cable franchise.
..10TICE: 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 Councll on , 1983.
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83 ,177
A RESOLUTION RELATING TO DETERMENT or SPECIAL
ASSESSNENTS FOR SENIOR CITIZENS AND DISABLED
PERSONS AND AMENDING RESOLUTION NO. R80-111
WHEREAS, the City Council adopted Resolution R80-111
on June 3, 1930, relating to the deferment of special assessments
and it is now eletArable to amend said Resolution.
NOW THEREFORE BE IT RESOLVED, that Resolution R80-111
is amended to read as follows:
WHEREAS, M.S.A. Sec. 435.193 through Sec. 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 older or retired by virtue of a permanent and total
disability on January 1 of the payment year and for whom it
would be a hardship to make the payments; and
WHEREAS, M.S.A. Sec. 435.193 authorizes the City
to establish the standards for determining the existence of
a hardship and a disability; and
WHEREAS, N. S.2\. Sec. 435.194 authorizes the City to
'establish the interest to be added to the deferred assessment
which shall be payable in addition to the deferred assessment;
and
WHEREAS, City Code Sec. 2.84 provides that the Council
may by resolution, adopt a policy to defer the payment of
special as
NOW THEREPME, DE IT RESOLVED BY THE CITY COUNCIL,
that payment of special at ..sessments against any homostead
proparty o•n.ad by a person 65 years of age or older or retired
By virtue of a parmanent and total ditItzlhility ("disabled parson")
and fol whm it would he a hardship, an defined hereinafter, to
mala:: such pavmaat a , be dyferred subiaci to the following conditions:
1,ion oi en apt)ropriato appliehtion to the
City 1:wiincy':: of. so 1 ..igned by the applicant.
no latel than NCArcoA: 10111 of tho year nJvcading
Ihe payra,at
2. Any homcstead 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 annual household income does not exceed the
following limits:
No. of Persons in Total Annual
Household
Income
1
$ 13,700
2
$ 15,650
3
$ 17,600
4
$ 19,550
5
$ 20,750
6 or Over $ 22,000
5. Deferred interest at the rate provided for a
particular assessment shall be added to the
deferred assessment, but not exceeding 50% of
the original principal amount of the assessment.
6. Multiple dwelling complexes designed and
organized for retirement living exclusively
shall not be eligible for deferment unless
specifically authorized by the City Council.
7. A "disabled person" mdans any person whose
homestead shall qualify as "Class 3cc property"
in accordance with Minnesota Statutes 1982,
Sec. 273.13, Subd. 7.
BE IT FURTHER RESOLVED, that the deferment of payment
of special assessments and interest thereon shall terminate and
all amounts accumulated, plus applicable interest shall become
due upon the occurrence of any of the following events:
A. The death of the owner of the homestead and the
spouse is not otherwise eligible.
B. The sale, transfer, or subdivision of the property
or any part thereof.
day of
ATTEST:
C. The property loses its homestead status.
D. If for any reason the City determines that there
would be no hardship to require immediate or
partial payment.
ADOPTED by the Eden Prairie City Council on the
, 1983.
IT. Penzel, Mayor
5rAL
• itr70
TO: Mayor & Council
FROM: John Frane
DATE: July 15, 1983
RE: Resolution 83-162 : 1982 Overhead Transfer to the General Fund.
Our auditors have requested that the Council pass this resolution "to
keep the record straight". A similar resolution was passed last
year for the 1981 Transfer.
CITY OF EDEN PRAIRIE
RESOLUTION NO. 83-162
OVERHEAD TRANSFERS
Be it resolved by the City Council of the City of Eden Prairie that:
the City Council approves the overhead transfers from the Special
Assessments Improvement Funds to the General Fund in the amount
of $714,160 for the year ended December 31, 1982.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
ITH
rieke
carrot'
ssociates, inc.
architects
enoineers
landscape architects
land surveyors
laboratory ear vices
July 14, 1983
Eugene A. Dietz, P.E.
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
RE: SANITARY SEWER, STORM SEWER, WATERMA1N
AND STREET IMPROVEMENTS
HOMEWARD HILLS ROAD
I.C. 52-033 RCM NO. 821017
Dear Mr. Dietz:
Bids were taken on July 14, 1983 at 10:00 A.M. for the above
project. The low bid was submitted by G. L. Contracting, Inc.
in the amount of $146,771.01. This can be compared to the
construction cost estimate from the feasibility report dated
March 1, 1983 of $153,700; however the estimate included about
$13,000 for watermain which was deleted from the final project.
A summary of the three bids received is attached.
The low bidder is a reputable contractor which has previously
done work in Eden Prairie. We therefore recommend awarding
the contract to G. L. Contracting, Inc.
Sincerely,
Nancy J:,,Aeuer
RIEKE CARROLL MULLER ASSOCIATES, INC.
NJH:ca
Enclosure
1011 first :-.1teet soLrtt)
t.ox 1:s0
5;,343
612- 935. badl 1-13
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83:163
RESOLUTION ACCEl'TIfG BID
WHEREAS, pursuant to an advertisement for bids for the following
improveinents:
I.C. 52-033 Homeward Hills Road - Sanitary Sewer, Storm
Sewer, Waterman 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
G. L. Contractinch_Inc.
as the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by 1he Eden Prairie City Council as
follows:
The Mayor and City Manager are hereby authorized and directed to enter
into a contract with G. L. Contracting, Inc.
in the name of the City of Eden Prairie in the amount of _$146 i771.01
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 July_19 1983
Wolfgang H. Penzel, Mayor
ATTEST:
SEAL:
John It. 1 7 :;ine, Clerk
Eugene A. Dietz, P.E.
Director of Public Works/City Engineer
'
SUMMARY OF BIDS
LC. 52-033
DESCRIPTION: Homeward Hills Road Extension
BIDS OPENED: July 14, 1933 10:00 A.M.
CONSULTING ENGINEER: Rieke Carroll Muller Associates, Inc.
CHECKED BY:
11
BIDDER
BID SECURITY TOTAL AMOUNT
G. L. Contracting, Inc.
5% $146,771.01
147,915.89
151,506.25
Brown & Cris, Inc.
5%
Northdale Construction Co.
5 %
The undersigned recommend award of Contract to:
G. L. Contracting, Inc.
as the lowest responsible bidder for this Improvement Contract.
Vk\.,
Constilt
July 19, 1983
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-165
RESOLUTION REQUESTING GRAPE CROSSING OF
CHICAGO & NORTHWESTERN RAILWAY AT
EDENVALE BLVD.
WHEREAS, the City Council adopted Resolution No. 83-53 on March 15,
1983, which approved plans and specifications for the construction of Edenvale
Boulevard between Woodhill Trail and the Chicago & Northwestern Railroad tracks
,
including a grade crossing,
WHEREAS, the City of Eden Prairie Guideplan shows a collector road
facility with a grade crossing of the Chicago & Northwestern Railroad tracks
on the Edenvale Boulevard alignment, and
WHEREAS, the Chicago & Northwestern Railway Company has agreed that
the hearing process before the Minnesota Department of Transportation will not
be necessary for this grade crossing project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie;
1. The City of Eden Prairie requests that a public grade
crossing be established at the Edenvale Boulevard and
Chicago & Northwestern Railway alignment.
2. The City of Eden Prairie hereby requests that the Chicago
& Northwestern Railway Company prepare an agreement in
cooperation with the City of Eden Prairie and the Minnesota
Department of Transportation which would establish the
crossing and document the type of crossing protection to
be constructed and establish the costs thereof to be
financed by the City of Eden Prairie.
ADOPTED by the City of Eden Prairie on July 19, 1983.
Wolf 6-a .n6 -7:
Al FIST
John D. frane, CleFk .
SEAL I
Wolfgang H. Penzel, Mayor
SEAL
CITY OF ruN PRAIRIE
July 19, 1983
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-174
• .
A RESOLUTION APPROVING FINAL PLAT
OF BLUFFS CAST FIRST ADDIlION
WHEREAS, the plat of Bluffs East First Addition • has been sub-
mitted in the manner required for platting land qnder the Eden Prairie Ordin
a
n
c
e
Code and under Chapter 462 of the Minnesota Statutes and all proceedings have b
e
e
n
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
o
r
d
i
n
-
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 Bluffs East First Addition is approved
upon compliance with the recommendation of the City Engineer's
Report on this plat dated July 11, 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 u.se as required by NSA 462.358, Subd. 3.
C. That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above named
plat.
D. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council upon com-
pliance with the foregoing provisions.
ADOPTED by the City Council on Jo y 19 , 1983 .
ATTEST:
Jo hn U. Ernie, 'CI -6)=k
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
DATE:
July 11, 1983
SUBJECT: Bluffs East First Addition
PROPOSAL:
The developer, The Bluffs Company, has requested approv
a
l
o
f
t
h
e
final plat of Bluffs East First Addition located south
o
f
P
i
o
n
e
e
r
Trail (Co. Rd. #1) and west of Frani() Road in the South 1
/
2
o
f
Section 25. The first addition plat now submitted conta
i
n
s
5
0
single family (RI-9.5) within approximately 17 acres an
d
5
o
u
t
l
o
t
s
(approximately 15 acres) to be divided later as Phase 2
.
HISTORY:
The preliminary plat was approved by the City Council o
n
M
a
y
3
,
1
9
8
3
,
•
per Resolution 83-89.
Zoning to RI-9.5 was finally read and approved by the Cit
y
C
o
u
n
c
i
l
on July 5, 1983, per Ordinance 14-83.
The Developer's Agreement referred to within this report
w
a
s
e
x
e
c
u
t
e
d
on July 5, 1983.
VARIANCES:
All variance requests not covered within the Developer's
A
g
r
e
e
m
e
n
t
must be processed through the Board of Appeals.
UTILITIES AND STREETS:
All utilities within this plat will be installed by the
d
e
v
e
l
o
p
e
r
i
n
conformance with City Standards and the requirements of
t
h
e
D
e
v
e
l
o
p
e
r
'
s
Agreement.
Additional drainage and utility easements may be necessa
r
y
w
i
t
h
i
n
t
h
e
plat. The locations for any additional easements will b
e
d
e
t
e
r
m
i
n
e
d
upon Engineering Department review of final utility pla
n
s
.
T
h
e
s
e
locations will be determined prior to release of the fin
a
l
p
l
a
t
.
PARK DEDICAlION:
The requirements for park dedication are covered in the
D
e
v
e
l
o
p
e
r
'
s
Agreement.
DLO:sg
Pg. 2, Final Plat Bluffs East First Addition
BONDING:
The requirements for bonding are covered in the Developer's Agreement
and must be satisfied prior to release of the final plat.
RECOMMENDATION:
Recomend approval of the final plat of Bluffs East First Addition
subject to the requirements of this report, the Developer's Agreement
and the following:
1. Receipt of street lighting fee in the amount of $4518.00
(Phase 1 - 10 lights, Total plat - 19 lights).
2. Receipt of Engineering fee in the amount of $1500.
3. Satisfaction of need for additional drainage and utility
easements.
4. Satisfaction of bonding requirements. •
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
TBRU:
FROM:
,DATE:
SUBJECT:
Carl Juni°, City Manager
Bob Lambert, Director of Community Services
July 7, 1983
Management and Restoration Report on Bryant Lake and Riley Lake
Attached to this memo are summary reports On Bryant Lake and Riley Lake with
recommendations for improving the water quality in those lakes.
On July 26,. the Metropolitan Council will hold a public meeting in Chaska at
7:00 p.m., at the Middle School, located at Highway 41 and Engler Road. This
public meeting will be to receive input regarding these studies. The primary
objective of the studies is to maintain and improve the lakes water quality, as
well as to develop a basic understanding of the relationship between land use,
its management and the quality of the water in the Region.
The Community Services Staff have reviewed the studios and recommendations for
Riley Lake and Bryant Lake and concur with both reports.
Althou0 there is not a requirement to comment on these studios, the Community
Services Staff would recommend that the City recognize the studies, agree with
the reasons for the studies and agree with the recommendations provided.
BL:rad
JUI: 1 1983
Metropolitan Council
300 Metro Square Building
Seventh and Robert Streets
St. Paul, Minnesota 55101
Telephone (612) 291-6359
Sine
Gerald J. Isaa
Chairman
0J1:sje
June 281 1983
Dear Citizen:
The Metropolitan Council will hold public meetings in Chaska, Champlin and
Stillwater in July and August to receive comments on the management and
restoration reports it has developed for seven lakes in the Metropolitan Area.
The meeting schedule is as follows:
July 26, to review recommendations for Spring, Bryant, and Riley Lakes;
7 P.m., Chaska Middle School, Hwy. 41 and Engler Rd., Chaska.
July 27, to review recommendations for Fish and George Lakes; 7 p.m.,
Champlin Elementary School, 111 Dean Av. W., Champlin.
August 2; to review recommendations for Square and Elmo Lakes; 7 p.m.,
Stillwater Senior High, 523 W. Marsh, Stillwater.
Summary reports on the lakes in your area are enclosed for review. Drafts of
the full reports will be mailed separately.
The lakes studies stem from a continuation of the Council's federally funded
water quality management study under the Clean Water Act. The primary
Objective of the studies, besides maintaining or improving the lake's water
quality, is to help develop a basic understanding of the relationship between
land use, its management and the quality of water in the Region.
The reports will be revised on the basis of the comments received at the public
meetings. They will then be submitted to the state Pollution Control Agency
and the U.S. Environmental Protection Agency.
We look forward to seeing you and receiving your comments at the meeting
concerning your lake.
Bryant Lake
DISCUSSION
Bryant Lake is elongated with one central basin (Figure 2). It lies in a
watershed that is potentially quite large, but due to substantial non-
contributing areas, is effectively smaller (Figure 1, Table 1). Surface runoff
accounts for the majority of external water and phosphorus input to the lake
(Table 3), but internal nutrients are likely substantial.
Epilimnetic phosphorus concentrations are fairly high with a large portion
being particulate P (non-dissolved, Figure 4). The seasonal concentrations are
well above that estimated on the basis of external phosphorus dynamics (Table
6) and internal phosphorus inputs may comprise the majority of the lake's
annual input (48-70 percent).
Algal growth in Bryant Lake is related to ambient phosphorus concentrations
(Figure 16) with nitrogen limitation unlikely. Also, algal normally accounts
for changes in transparency, except during most of July when non-algal
turbidity reduces water clarity (Megard et al. 1980). Considering these
factors, the lake is eutrophic. Indeed, blue-green algae are the predominant
primary producers, the hypolimnion becomes anoxic and submerged aquatic
vegetation infest shallow areas of the lake.
• Green flagellates are numerically abundant in the spring, but comprise a small
portion of the phytoplankton community biovolume (Figures 11, 12 and 13).
Cyclotella and Fragilaria become abundant early in the season and spur the
growth of herbivorous zooplankton (Figure 14).
Abundance of other zooplankters generally follow changes in phytoplankton as a
food source (Figure 14). Small (body size) forms predominate in the
zooplankton community: Daphnia retrocurva, Bosmina, Diaphanosoma, Cyclops and
Tropocyclops. This is likely due to the abundant planktivorous fish ( see
Results and Table 5) in the lake (Dodson 1974; Lynch 1979).
RECOMMENDATIONS
1. Nine Mile Creek Watershed District, who oversees planning for Bryant Lake's
watershed should:
A. Insure that pollutant delivery to the lake remains at or below current
levels.
B. Monitor the lake's water quality on a continuing basis. This would
include an aquatic macrophyte survey.
C. Monitor pollutant loads in Nine Mile Creek and also in secondary
tributaries to Bryant Lake to better define the pollutant dynamics in
the watershed.
D. Insure that non-contributing areas remain that way.
2. The stables area near lake's inlet is a potentially significant nutrient
source. A more precise determination of the extent of this problem should
be made. The outcome of this study should indicate the appropriate
controls (if any).
3. Hennepin County Park Reserve District should review the way it manages
Bryant Lake Regional Park to insure that it is managing the area to
minimize pollutant input to the lake. Also, the proposed future
improvements in the park should be carefully planned for water quality
improvements before, during and after construction.
4. MnDNR is encouraged to stock northern pike in larger numbers or more
frequently (or both) because this could lead to improved water quality.
Also, control of rough fish in the lake may be desirable.
'IP
Figure 1. BRYANT LAKE WATERSHED )2 A Continuous—record gaging station L. Measurement site without gage — Biological/sediment—measurement site Minnetdga Lake • _ .J ../ Bryant Lake VActive site V Active site with monitor Weather station with recordert atmospheric data collection Site 1 trm Areas not contributing to surf ace water drainage Site 2 1 0 1 KII01110fillfe 1 Miles 0
Lake Riley
DISCUSSION
Lake Riley is fairly large and deep in a predominantly rural watershed (Table
1, Figure 2). The lake lies along Riley Creek with four lakes upstream. Much
of the area is wetlands (Figure 17). Surface water inflow accounts for the
majority of the annual hydrologic input to the lake with precipitation directly
on the lake's surface accounting for the rest. Net groundwater input to the
lake is estimated to be zero and the lake's surface outlet only flows during
snowmelt and spring runoff (Table 3). Phosphorus input to the lake enters
nearly exclusively via surface inflow; all other sources, in sum, comprise only
10 percent of the lake's annual load (Table 3).
In-lake phosphorus concentrations are very high in the spring and moderately
high in the summer and fall (Figure 4). Internal sources of phosphorus do
substantially add to the lake's phosphorus content, but this hypolimnetic P
remains thermally isolated until autumn mixing (Figures 5 and 7). This
intemal phosphorus load is estimated to be 323 kg/year (maximum rate = 10.5
me/e/day). Considering the external and internal inputs, observed in-lake
phosphorus seems to be adequately described (Table 6). Other internal sources
may also be important, ie. decaying macrophytes in the shallow bays (Carpenter
1980) or phosphorus excretion by rough fish (Lamarra 1975).
Algal growth in Lake Riley is phosphorus-limited (Figure 16). Since nitrogen
is relatively constant (Figure 6), changing phosphorus concentrations determine
the TN:TP ratio. Nitrogen is suspected to be low enough to limit algal biomass
only once (Smith 1982); during the spring when TP is at its annual maximum
concentration (Figures 4 and 16). The presence of algae is determined by
ambient phosphorus (Figure 16) and their presence also reduces water trans-
parency (Figure 15). These three parameters all indicate that Lake Riley is
eutrophic (Figures 4, 8 and 9) and, in addition, the lake's assemblage of
primary producers (phytoplankton and macrophytes) indicate eutrophy.
The summer belongs to the blue-greens. Green flagellates and Cyclotella bloom
in the spring, but Chrcococcus, Annbaena and Achanizomenon predominant the
remainder of the year (Figures 11 and 12). Cyclops becomes quite abundant in
the spring following the bloom of edible algal, otherwise Diaptomus is the
dominant copepod (Figure 14). Daphnia Faleata mendotae may control algal
,biomass early in the season (Lynch and Shapiro 1961) while the food source is
of relatively good quality, but when blue-greens become abundant, this animal
declines (Figures 9, 11 and 14). The lake's piscivores include northern pike
and largemouth bass with bluegill and sunfish the dominant planktivores - all
in large numbers (Table 4). Carp and bullhead are also abundant.
Nuisance aquatic plant growths occur in the lake. Particularly dense
accumulations occur in the western and northern bays (Figure 2). These growths
may occur in cycles, where in years with dense growths, algal blooms are minor
or in years with nuisance algal blooms there are few macrophytes (personal
communication: Duane Shodeen, Mn/DNR area fisheries manager). This year
(1982) the plants were mechanically harvested around the entire lake.
SUMMARY AND CONCLUSIONS
Lake Riley is eutrophic. Aquatic plant growths are the predominant perceived
problem related to eutrophication. Algae are also abundant in the lake and
occasionally form scums on the lake. The abundance of algae is related to
phosphorus in the lake that enters from both internal and external sources.
Internal sources of phosphorus include excretion by rough fish (bullheads and
carp), release by aquatic plants or anaerobic release (in the hypolimnion).
Any or all of these sources may be important and their cumulative effect is
substantial. External phosphorus- enters the lake primarily by surface inflow;
particularly Riley Creek. The majority of this input comes during snowmelt and
spring runoff.
Both of these phosphorus sources are difficult to control. Improvements in the
aesthetic water quality, however, may be possible without focusing on nutrient
management. Harvesting aquatic macrophytes will yield direct aesthetic
benefits and may set up other water quality improvements. Fisheries management
for Lake Riley (and upstream lakes) has been proposed and could also yield
water quality improvements in addition to improved fishing. A coordinated
effort by MnDNR, Riley-Purgatory Watershed District, Cities of Chanhassen and
Eden Prairie, and the lake's homeowners will likely lead to an improvement in
Lake Riley.
RECOMMENDATIONS
1. The Lake Riley homeowners the City of Eden Prairie (who operates a city
park) should coordinate mechanical macrophyte harvesting in the lake with
the MnDNR in order to insure that suitable fish habitats are protected.
2. The MnDNR should further develop their proposed fisheries management plan
in cooperation with all other parties involved and include elements in the
plan for improved water quality in Lake Riley. In particular, an
assessment should be made regarding the feasibility of encouraging a fish
community in Lake Riley that is able to indirectly control algal abundance.
3. The Riley-Purgatory Watershed District and the Cities of Chanhassen and
Eden Prairie should manage land use in Riley Creek's watershed particularly
to retain snowmelt and spring runoff (but also control pollutants in
runoff).
4. Water quality of Lake Riley and Riley Creek should be monitored on an
annual basis to assess the impacts of these management efforts. If upon
completion of these coordinated projects, the water quality of Lake Riley
has not improved, more intensely managing internal and external nutrients
should be considered.
Lake Continuous—record gaging station b, Measurement site without gage — Biological/sediment—measurement sits Igr Active site Active site with monitor Weather station with recorder' atmospheric data collection • Figure 1. LAKE RILEY WATERSHED ..%) s"-••n Rice Marsh N. Lake--- Lake \Susan ')Site 1 Eig7.A Areas not contributing to surface water drainage ""rgii • 3 M -*1 • 1 1 Kilometers 0 Fide Lucy ph Lake Ann
DEFINITIONS
Algae: Extremely small (microscopic) plants that live floating in lakes.
Algal bloom: A period of abundant algae.
Anaerobic: Lacking of molecular oxygen.
Anoxic: Condition when there is a very low amount of oxygen.
Autochtonous: Belonging to or originating where it is found.
Biomass: The amount of living matters (plants and animals).
Biotic Community: The plants and animals occupying the lake.
Chlorophyll: Generally the pigment coloring plants green; a measure of the
amount of phytoplankton in the water.
Diurnal: Occurring during daytime.
Epilimnion: The upper, warmer layer in a lake during the summer.
Epilimnetic: Referring to the upper layer in a lake.
Eutrophic: Characterized by a large accumulation of chemicals (nutrients)
supporting a dense growth of aquatic plant and animal life.
Eutrophication: The process of the nutrient enrichment or overfertilization of
lakes.
Harvesting: Physically removing large plants growing in the lake.
Herbivore: Animal that eats plants.
Hypolimnion: The bottom, cooler water layer in a lake.
Kg (Kilogram): 2.2 pounds.
Macrophytes: Large, visible plants that grow attached to the lake bottom.
Metalimnion: The layer between the upper, warmer, and the lower, colder, layers
of a lake.
Mesotrophic: A lake with intermediate nutrient levels.
Nitrogen: A chemical (nutrient) necessary for plant growth.
Nutrient: A chemical required by plants for growth.
ODR: Oxygen depletion rate.
OliEntrophic: With a low accumulation of nutrient (chemicals).
Oxic: Condition when there is a high oxygen content.
Phosphorus: The nutrient or chemical that normally controls algal growth.
Photic zone: Zone of the lake which is penetrated by light.
Phytoplankton: Very small plants that live floating in lakes. Includes all
algaes (such as Aphanizomenon), flagellates, diatoms and cyclotella.
Piscivore: Fish that eats other fish.
Planktivore-Planktivorous: Fish that feed on very small aquatic animals
(zooplankton).
Primary Productivity: The production of organic matter from light energy and
inorganic chemicals.
Runoff: Water that flows on the land surface during and after a rain.
Taxa: A grouping of plants or animals Which are alike for classification
purpose.
TP and TN: Total phosphorus and total nitrogen.
Thermocline: The layer of water in a lake characterized by a very strong
temperature decrease.
Watershed: The land area around a lake from which surface runoff flows to the
lake.
Zooplankton-Zooplankter: Small animals that live floating in lakes. Includes
Daphnia, cladocerans, copepods and rotifers.
J14886C-PHENV2
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Community Servies
DATE: July 14, 1983
SUBJECT: Resolution Regarding No Parking Zone On Country Road 1
Since the improvements were made to Riley Lake Park in 1982, pressure for
use of this park has far exceeded the available facilities. Parking in the
park is limited to 15 cars with boat trailers and 20 parking spaces for cars
without trailers.
On warm weekend days the parking lot is often filled by 9:30 a.m. Cars were
then parking along Riley Lake Road and ih residential yards and driveways. In
1982 the City posted Riley Lake Road "No Parking on Either Side of the Road".
Cars then moved down to County Road 1.
The Public Safety Department has counted over 50 ,cars parking adjacent to Co. Rd.
.1 .on a single afternoon. Public Safety has indicated that parking along Co. Rd.
1 has not caused a hazard, except at the intersection of Riley Lake Road and .
County Road 1. The Public Safety Department has requested to post a no
parking zone within a 150 feet of Riley Lake Road intersection along County
Road 1 in order to maintain a safe sight distance at that intersection.
BL:md
Ng I
John D. Frane, Clerk
July 19, 1983
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-175
RESOLUTION ESTABLISHING A "NO PARKING" ZONE ON
CSAH 1 EAST AND WEST OF RILEY LAKE ROAD
WHEREAS, it has been deemed advisable and necessary for the City
of Eden Prairie to establish a "no parking" zone on CSAH 1 in the vicinity of
the intersection of Riley Lake Road, and
WHEREAS, upon receipt of enabling resolution the Hennepin County
Department of Transportation will erect and maintain signs in said zone,
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council
that a "no parking" zone be established on CSAH 1 on both sides of the roadway
for 150 1eet to the east, and to the west, of 'the intersection of Riley Lake
Road.
ADOPTED by the Eden Prairie City Council this
day of
July, 1983.
Wolfgang H. Penzel, Mayor
ATTEST:
SEAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #83-179
A RESOLUTION DENYING THE REQUEST FOR PETITION
FOR ENVIRONMENTAL ASSESSMENT WORKSHEET FOR
CITY WEST BUSINESS CENTER PROPOSAL BY RYAN CONSTRUCTION
WHEREAS, a petition prepared pursuant to -6 MCAR Section 3.0261, requesting
the preparation of an Environmental Assessment Worksheet (EAW) for the proposed City
West Business Center by Ryan Construction, located northeast of Shady Oak Road and
west of 1-494, has been received by the Environmental Quality Board (EQB) and
forwarded to the Eden Prairie City Council from the residents surrounding the
proposed development; and,
WHEREAS, an Environmental Assessment Worksheet was prepared previously for
the property on November 19, 1981; and,
WHEREAS, the City of Eden Prairie approved a Negative Declaration for said
Environmental Assessment Worksheet by Resolution #81-227; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE THAT IT FINDS AS FOLLOWS:
That the proposal of Ryan Construction for City West Business Center does
not present a sufficiently substantial change from the development plan for the area
in effect on November 19, 1981 to constitute a "project for which environmental
review has not been initiated..." within the meaning of 6 MCAR Section 3.021; and,
Even if the proposal of Ryan Construction for City West Business Center is a
"project for which environmental review has not been initiated..." within the
meaning of 6 MCAR Section 3.021, the proposal does not have the potential for
significant environmental impact to the property for the following reasons:
Compared to the development proposal in effect on November 19, 1981,
the proposed City West Business Center by Ryan Construction will:
a. Require less sewer capacity.
b. Require less water capacity.
c. Result in similar amounts of impervious cover.
d. Result in similar amounts of grading.
e. Generate less traffic.
Based upon the foregoing, the petition is hereby denied.
TO: Mayor and City Council Members
THROUGH: Carl Jullie, City Manager
FROM: Eugene A. Dietz, Director of Public Works
DATE:
July 8, 1983
RE: Plaza Drive Remnant Vacation/Public Hearing
At your June 7, 1983, meeting, the City Council set a public hearing date
for July 19, 1983, to consider the matter of vacating a small remnant of
Plaza Drive which is not necessary after the realignment created by the
Factory Outlet Center development. Since that time, the proponent (Menards,
Inc.) has withdrawn its request for this vacation so as to expedite the
recording of the final plat for their project.
Since the notice of public hearing was published in the Eden Prairie News,
the July 19, 1983, agenda includes-a public hearing item for this vacation.
It would be appropriate to make note of the fact at the appropriate time
during the meeting that the request has been withdrawn and that the public
hearing is therefore cancelled.
EAD:sg
!LI T ",
MEMO
TO:
Mayor and City Council
FROM:
Jean Johnson, Zoning Administrator
THROUGH:
Chris Enger, Director of Planning
DATE:
July 14, 1983
RE:
COMMERCIAL STABLE CODE
Draft dated June 21, 1983
As a DISCUSSION ITEM the Commercial Stable Code Raft was before the
City Council on June 21, 1983. At that time the Council listened to
input from the audience and directed the staff to incorporate some
changes.
Since that meeting, Sally Brown has met with Carl Jullie and myself
on different occasions. Sally Brown will not be available to attend
the public hearing scheduled for July 19, 1933. She believes the
raisin of horses for sale should not be included in the definition of
commercial stables. Staff has advised her that such change could
place her in the position of a non-conforming use.
CHANGES IN INC DRAFT ARE AS FOLLOWS:
P. 1 Heading has been modified to incorporate all changes to
existing cede and new amendment as listed in the public notice.
Subd.1(D) definition of Commercial Stable has been modified
to remove reference to places
the Council so chooses).
P.3 Subd.4. Changes in this subdivision are capitalized.
Te,i6s.. 2 be c huv hs.n receivcd since the item wos on the
on.1 h::vo been notiflcd o -1 the
11 i1 tr: i1 July 1:1, 19;13.
R I LV,
June 21, 1983
ORDINANCE NO. 34-83
-
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11,
SECTION 11.10 SUBDIVISION 2 BY ADDING THERETO SUBPARAGRAPH E WHICH ADDS COMMERCIAL
STABLES AS PERMITTED USES IN CERTAIN PORTIONS OF THE RURAL DISTRICT, AND SECTION
11.02, #43 DEFINING COMMERCIAL STABLES, REDEFINING SECTION 11.02, ITEM 3,
"AGRICULTURE," TO PERMIT COMMERCIAL STABLES, AND REDEFINING ITEM 43, "STABLE-PUBLIC"
TO "STABLE-COMMERCIAL," AND AMENDING CITY CODE CHAPTER 5 BY ADDING THERETO SECTION
5.70 RELATING TO THE LICENSING AND REGULATION OF COMMERCIAL STABLES, AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1, SECTION 5.01 THROUGH 5.11 AND SECTIONS 5.99 AND 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 11, Section 11.10 Subdivision 2 shall be
and is amended by adding thereto subparagraph E which reads as follows:
(E) Commercial stables.
Section 2. City Code Section 11.02, #43 shall be and is amended to read
as follows: 443. Stable-Commercial—A place where five or more equines are kept
for remuneration or hire.
Section 3. City Code Chapter 5 shall be and is amended by adding
thereto Section 5.70 which reads as follows:
SECTION 5.70 COMMERCIAL STABLES
Subdivision 1. Definitions. As used in this section, the following words
shall have the meanings stated:
(A) "Agricultural Building" means a structure designed and constructed
to house equines, farm implements, hay, grain, or other
horticultural products.
(B) "City" means the City of Eden Prairie.
(C) "City Inspector" means any individual appointed by the City Manager
to inspect commercial stables.
(D) "Commercial Stable" means a place where five or more equines are
kept for remuneration, or hire.
(E) "Commercial Stable Property" means all of the contiguous property
upon which the commercial stable is operated.
(F) "Cruelty" means every act, omission, or neglect which causes or
permits unnecessary or unjustifiable pain, suffering, injury, or
death to an equine.
(G) "Equine" means horses, ponies, mules, or donkeys.
(H) "Neglect" means failing to provide the minimum care required for the
health and well-being of an equine.
"Person" means natural persons, proprietorships, corporations, joint
ventures, and all other forms of legal entities.
• P-W)
(1 )
(j) "Residential Subdivision" means a subdivision as defined by Lden
Prairie City Code Chapter 12, Section 12.03, subparagraph 17, which
is residential in character.
(10 "Shelter" means an enclosure with at least three (3) sides and with
a roof suitable for protecting equines from extremes in weather.
Subdivision 2. License Required. It is unlawful for any person to operate
or maintain a comnerciarstable within the City without a license therefor
from the City. A license shall be obtained in the manner specified in
Section 5.02 through 5.10. Cepenercial stables in existence at the time of
adoption of Section 5.7 shall be required to apply for and obtain a
conmercial stable license within two (2) years of the date of said adoption.
Subdivision 3. Regulations and Ruuirements for All Commercial Stables
(A) A comilercial stable. shall be located and operated only where
permitted by Chapter 11, Section 11.10, Subdivision 2(E) or where
such commercial stable existed at the time of adoption of this
ordinance.
(8 ) No. comnercial stable shall be operated upon a lot of less than 10
acres.
(C) Manure and other waste materials shall be removed and distributed so
as to eliminate unsightly odors, insect, and rodent problems or any
condition which otheleiise operates as a public or private nuisance.
The storage of manure and other waste materials must be located 4
'minimum of 100 feet from any residential structure, or any lake,
pond, river, stream, or other body of :ter, well, or property line.
(0) All areas desienated for equine sheltering shall be located at least
50 feet from the property line, but such areas shall be located a
minimum of 100 feet from an existing residential subdivision. Any
agricultural building or shelter which was being used in a
comliercial ste,ble prior to the effective dote of this Section is not
required to comply with the requirements pf this subparagraph,
provided however, that such agricultural building or shelter does
not constitute a public nuisance.'
(E) Fences shall be constructed and maintained so as to adequately and
safely contain equines at all tires.
(F) One agricultural building upon the cennercial stable property shall
be perwitted to contain within such building no more than one
caretaeex's unit.
(G) The reilo of equines to acres of land use for running, exercising,
or feeding equines shall be no i.e,re than four (4) to one (1).
(11) All equines be provided shelter sufficient to protect against
ooteniielly ininr:ees .e.etiher. All such shelters shall bu
fwi;11,1, p[yv;;;,. suificioki votilation, and be
(:,o;v1
(z )
Equine stalls shall provide sufficient space for the equine to lie
or roll with a minieum danger of injury to itself. Stalls shall be
cleaned end kept dry to the extent that the animal is not required
to lie or stand in fluids. Bedding shall be provided in all stalls,
kept reasonably clean, and periodically changed. The nature of the
bedding shall not pose a health hazard to the animal.
Gil
Stalled equines shall be provided an adequate opportunity for at
least one hour of exercise daily, unless exercise is restricted by a
licensed veterinarian.
(K) No person shall neglect or cause cruelty to an equine.
(.) All equines shall be provided with adequate health care.
All equines shall be.provided with a sufficient quantity and quality
of food to allow for normal growth and the maintenence of body
might.
(11) All equines shall be provided or given access to clean, potable
water in sufficient quantity to satisfy the animal's health needs.
Snow or ice shall not be considered a water source.
Subdivision 4. Insuctions. The City Inspector SHALL inspect every
coemercial stable CO LLSS MAN TWICE PER YtAR OR as . frequently as the City
Lay detha necessary to ensure compliance with the terms of Subdivision 3 and
any conditions of the license for such coemercial stable. Any person who
operates a commercial stable shall, upon request of the City Inspector,
permit access to all parts of the coneercial stable for the purpose of
inspection. The City Inspector shall prepare a report of every inspection
of a ccmeercial st::ble. A copy of such report shall he mailed to the
person opereting the connarcial stable AND FORWARDED TO THE CIlY COUNCIL
PRIOR TO THE COTX1L'S RUM OF A LICENSE APPLICATION OR RENEWAL.
Section 3. City Code Chapter 1 entitled "General Provisions and
Definitiens Applicable to the Entire City Code Including Penalty for Violation" and
sections 5.01 through 5.11 and scction 5.99 and section 11.99 entitled "Violation a
Mi:Ameenor" are hereby adopted in their entirety, by reference, as though repeated
verbatir,i herein.
Section 4. 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 , 1933, end finally read and
Moptc:d and ordered peblished at a regolar• meting of the City Council of said City
on the day of , 1983.
1500
ATTEST:
John D. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #83-168
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF HIGH TRAILS ESTATES 2ND ADDITION FOR COUNTRYSIDE INVESTMENT, INC.
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of High Trails Estates 2nd Addition by Countryside
Investment, Inc., dated July 7, 1983, of 10.0 acres for 21 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 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
Nanning Coninission Minutes 2 June 27, 1983
IV. DEVELOPMENT PROPOSALS
A. HIGH TRAIL ESTATES 2ND ADDITION, by Countryside Investments,
Inc. Request for Zoning from Rural to R1-13.5 and
Preliminary Plat of 10 acres for 25 single family detached
lots. Location: 6451 Duck Lake Road. A continued public
hearing. •
At its meeting of June 6, 1983, the Planning Commission acted to
continue the public hearing on this item, pending resolution of
several matters involving the project design.
Mr. Al Gray, RCM, proponent's engineers, reviewed the changes made
to the plan. They were as follows: 1) The number of lots was
reduced from 25 to 21; 2) Greater hydraulic capacity was designed
Into the storm water pipes; 3) Craig Drive was shifted easterly to a
point where it would not be necessary to cut any trees for the
purposes of the road; 4) Less lots were now abutting the larger
existing lots to the northeast; 5) Development of the property to
the north had been accommodated via a relocated road, which provided
for more flexibility in design of lots on the northern property, and
which avoided the problems inherent with the drop in grade along the
north half of the northern property. .
Torjesen asked whether it was the intention of the proponent to work
.
out an agreement to have the property to the north developed at the
same time as the High Trails Estates 2nd Addition, or to make
allowances for the development to the north at some time in the
future. Mr. Gray responded that their intention was to show the
ability of the land to the north to develop, based on the plans
presented for High Trails Estates 2nd Addition. He stated that the
proponent was willing to leave one lot undevelopable until the
property to the north developed, at which time the undevelopable lot
would have access. Planner Enger stated that physically, the plan
was satisfactory to both parties, but that financial details had not
yet been worked out.
Mr. Leissner, Countryside Investments, stated that, as proponents,
they felt obligated to the plan under review; however, if for some
reason the arrangements could not be made, they would return to the
Planning Commission for review and recommendation.
Planner Enger summarized the Staff Report of June 24, 1983,
regarding the project.
Chairman Bearman asked for comments and questions from members of
the audience.
Dennis Howard, 6430 Undestad, stated that he was still concerned
about the density of the lots as they abutted his property to the
northeast of this project. He stated that, even though proponent
has increased the depth of the lots by 100 ft., he still did not
feel it was appropriate ter the development to propose two lots
abutting his one lot.
tanning Commission Minutes 3 June 27, 1983
It was pointed out to Mr. Howard that the fron
t
y
a
r
d
s
e
t
b
a
c
k
f
o
r
homes in that R1-13.5 zoning district was 30 ft
.
M
r
.
H
o
w
a
r
d
a
s
k
e
d
If there were any requirements that the owners b
u
i
l
d
t
h
a
t
c
l
o
s
e
t
o
the road, or whether they could build further
b
a
c
k
o
n
t
h
e
l
o
t
s
.
Planner Enger stated that there were no requireme
n
t
s
.
Bob Borosch, 6470 Undestad, asked what the change
h
a
d
b
e
e
n
t
o
t
h
e
previous plans for the swamp area. Mr. Gray exp
l
a
i
n
e
d
t
h
a
t
t
h
e
encroachment into the swamp area had been decrea
s
e
d
t
o
l
e
s
s
t
h
a
n
half of what it had been under the previous plan.
M
r
.
B
o
r
o
s
c
h
a
s
k
e
d
who would be responsible if there were storm water
p
r
o
b
l
e
m
s
i
n
t
h
e
future. It was explained to Mr. Borosch tha
t
i
t
w
o
u
l
d
b
e
a
situational consideration, as storm water problems
c
o
u
l
d
r
e
s
u
l
t
f
r
o
m
a multitude of sources for this area. However,
t
h
e
c
u
r
r
e
n
t
p
l
a
n
should aid in alleviation of the existing storm
w
a
t
e
r
p
r
o
b
l
e
m
s
i
n
the area.
MOTION 1:
Motion was made by Hallett, seconded by Gartner, t
o
c
l
o
s
e
t
h
e
p
u
b
l
i
c
hearing, or continue.
Motion carried--5-0-0
MOTION 2:
Motion was made by Hallett, seconded by Gartner, t
o
r
e
c
o
m
m
e
n
d
t
o
t
h
e
City Council approval of the request for zoning
f
r
o
m
R
u
r
a
l
t
o
R
I
-
13.5 for High Trail Estates 2nd Addition by Count
r
y
s
i
d
e
I
n
v
e
s
t
m
e
n
t
s
,
based on revised plans dAted May, 1983, and J
u
n
e
1
4
,
1
9
8
3
,
a
n
d
subject to the recommendations of the Staff Report
s
o
f
J
u
n
e
3
,
1
9
8
3
,
and June 24, 1983.
Motion carried--5-0-0
MOTION 3:
Motion was made by Hallett, seconded by Gartner,
t
o
r
e
c
o
m
m
e
n
d
t
o
t
h
e
City Council approval of the request for prel
i
m
i
n
a
r
y
p
l
a
t
o
f
1
0
acres for 25 single family detached lots for High
T
r
a
i
l
s
E
s
t
a
t
e
s
2
n
d
Addition by Countryside Investments, based on rev
i
s
e
d
p
l
a
n
s
d
a
t
e
d
May, 1983, and June 14, 1983, and subject to the r
e
c
o
m
m
e
n
d
a
t
i
o
n
s
o
f
the Staff Reports of June 3, 1983, and June 24, 198
3
.
Motion carried--5-0-0
1 ')(73
:Inning Commission Minutes 7 June 6, 1933 .
.•
D. HIGH TRAIL ESTATES 2ND ADDITION, by Countryside Investments,
Inc. Request for Zoning from Rural to R1-13.5 and
Preliminary Plat of 10 acres for 25 single family detached
lots. Location: 6451 Duck Lake Road. A public hearing.
Lloyd Erickson, RCM, engineer for the proponent, reviewed the
request with the Commission. He stated that there were 95 trees,
six inches in diameter, or larger, on the site, which the proponent
would attempt to save during construction. Mr. Erickson stated that
a neighborhood meeting had been held prior to the Commission meeting
lanning Commission Minutes 8 June 6, 1933
where surrounding residents had been asked to expresss concerns
regarding the project.
Planner Enger reviewed the Staff Report of June 3, 1983 with the
Commission, pointing out the areas of concern. The storm water pond
was shown as encroaching upon Lots 7, 8, and 9 in the back yards,
leaving little usable space for the future residents of these lots.
Also, both ponds planned for the project required better access and
better location of the connecting swale for purposes of future
maintenance of them once deeded to the City. Planner Enger stated
that other matters of concern included the fact that eight of the
proposed lots abutted four existing lots along the eastern border of
the project, and that trees would be lost with the road, as designed
In the current location.
Chairman Bearman asked whether the street patterns had been designed
to avoid the loss of trees. He stated that if this was done, the
few trees lost would not be significant and would likely make it
possible to avoid the need for variances as requested on the lots.
Chairman Bearman asked if one lot could be dropped from the
northeast corner of the project. Mr. Erickson stated that the
proponent agreed that this could be done. He pointed out that the
existing trees in this area were dense and would act as an effective
physical buffer between the two properties.
Marhula expressed concern that the grading plan indicated little
flexibility in terms of types of homes which could be built on the
sites. He stated that he felt the proponent should take this into
consideration.
Dawn Howard, 6430 Undestad, expressed concern for the density of
lots which would be abutting her lot adjacent to the northeast
corner of the project.
Joanne Baden, 6540 N. Coachlight Manor, asked how many of the trees
In the northeast corner of the property were Elms. She expressed
concern that while the developer may state that the trees will
remain, once the developer was gone and new homeowners were in
place, there was no guarantee that the trees would not be removed.
Bob Borosh, 6470 Undestad, stated that he was opposed to the
proposed encroachment on the pond area.
Sue Paul, 6529 Countryside, asked how the site grading and
development would affect the natural features of the site and the
surrounding area, particularly the pond. Mr. Erickson stated that
the amount of standing water in the area would actually be reduced
because a portion of the storm water would be piped underground.
Other than that, he stated that he did not feel the natural features
of the site would be adversely affected by the development.
Staff pointed out that the City was in the process of a storm water
drainage project alonq Duck lake Road at this time, which would
lanning Commission Minutes 9 June 6, 1983
alleviate some of the storm water problems in the vicinity.
Gartner asked where the storm water from this project would be
directed. Staff responded that the water would be directed to
Purgatory Creek, and the various ponding areas in the north creek
area. Planner Enger stated that it was a requirement of the
Watershed District that there be upland storage areas for storm
water.
Katherine Stengum, property owner to the north of the project,
stated that she was concerned about the proposed location of the
road to be extended through her property at some time in the future
when her land and that of her neighbors would be developed. She
stated that she felt it would be better to redesign the road as
there was an existing grade change of 30-40 ft. a short distance
from the proposed location of the road extension, which would make
It impractical for future use.
Marhula stated that he felt there were many areas of concern
remaining on this project. He stated that there were concerns
regarding 1) the transition to the lots to the east in Coachlight
Manor; 2) grading plans reflecting limitation to the types of houses
which could be built on the lots; 3) access to the property to the
north; 4) the excessive length of the cul-de-sac within the project;
5) concern about maintenance of the roads and ponds on-site; 6)
trees to be conserved; and 7) storm water drainage for the site. He
stated that he felt it was the consensus of the Commission that the
project should be revised in these areas prior to a recommendation.
The other members of the Commission concurred.
Hallett questioned what the policy was for requiring a development
plan for a project reflecting varying housing types possible for a
project. Staff responded that this was generally done with the RI-
9.5 projects only.
MOTION:
Motion was made by Marhula, seconded by Gartner, to continue the
public hearing on this project to the June 27, 1983, meeting to
allow proponent to address the concerns listed by the Commission,
surrounding property owners, and Staff.
Motion carried--6-0-0
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June 13, 1983
Members of the City Council,
Planning Commission and Staff
City of Eden Prairie
Eden Prairie, Minnesota 55344
RE: HIGH TRAILS ESTATE 2ND ADDITION
RCM PROJECT NO. 831010
Ladies and Gentlemen:
Enclosed are copies of the revised preliminary plat, grading plan
and development plan for the above referenced single family
development proposal.
The plat has been revised to accomodate the concerns expressed by the
Planning Commission at their meeting of June 6, 1983. Craig Lane
has been moved approximately 96 feet to the west. By relocating the
street, all the trees on the site will be saved at the time of the
site grading, the cul-de-sac will be moved further to the west
lessening the encroachment into the low area in the southeast corner,
fewer and larger lots will abut Coachlight Manor, proposed houses
will be located further from Coachlight Manor.
The drainage problem that now exists because of a small, privately
owned and inadequate tile line from the low area will be solved with
the construction of a new storm sewer with adequate capacity. This
line will be constructed by the proponent at their costs with no
assessments to the benefitted properties in Coachlight Manor or High
Trails.
has access to the three parcels of land she owns from
Claycross Way and the existing drive to her home site
Road. It is felt that with these threeaccess points,
to her property from this proposed subdivision that
cul-de-sac was not necessary.
In accomodating the concerns of the Planning Commission, the plat has
been reduced from 25 single family units to 21 units. Countryside
Investments, Inc. respectfully requests rezoning from rural to R1-13.5
and preliminary plat approval based on these revised drawings.
Mrs. Stenehjem
Townline Road,
from Duck Lake
another access
would end in a
Lloy,O. Erickson
RIEKE CARROLL MAIER ASSOCIATES, INC.
LOE:ca
STAFF REPORT
.jg:
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT:
FEE OWNERS:
.REOUESTS:
Planning Commission
Stephen Sullivan, Assistant Planner
Chris Enger, Director of Planning
June 24, 1983
High Trails Estates 2nd Addition
6451 Duck Lake Trail
Countryside Investments, Inc.
Karl and Helen Kurtz
1. Zoning from Rural to R1-13.5
2. Preliminary Plat of 10 acres for 25 lots
Background
The proposal had been previously reviewed at the June 3, 1983 Planning Commission
meeting. The project was continued in order for the proponent to revise the
development plan per the Planning Commission and City Staff recommendations.
Site Plan
The revised site plan realigns Craig Drive approximately 100 ft. to the west. The
tree mass that was lost with the initial alignment of the roadbed is now preserved.
The realignment of Craig Drive places house pads for the eastern lots approximately
100 ft. further to the west. Lots adjacent to the southeast storm water pond have
40 ft. of usable back yard space in lieu of the 20 ft. initially proposed. The
length of the cul-de-sac has been reduced approximately 45 ft., making it 300 ft. in
length.
The revised site plan deletes the road connection to the north parcel. A steep
slope of 30-40% grades on the northern parcel prevents a road entirely through the
property. An agreement between the two parties is necessary to insure complimentary
developments.
The overall number of lots for the project has been decreased from 25 to 21. The
number of lots adjacent to the R1-22 zoned Coachlight Manor development has been
reduced from 8 to 6. The revised proposal places large and deep lots adjacent to
the existing development, providing a transition.
A catch basin has been placed centrally to catch storm water along the south and
central portions of the parcel. The proponent indicates that this central area is a
drainage swale and not a retention area. The drainage area along the rear of the
south lots has been widened providing an overland sheet drainage situation at grades
No7
of approximately 2%. A storm water inlet controlling the level of hte southeast
ponding area is proposed. A 20 ft. wide easement allowing access to the pond is
necessary in order to provide routine maintenance. A drainage easement shall be
placed over the entire storm water retention pond area.
RECOMMENDATIONS
The Planning Staff recommends approval for zoning from Rural to R1-13.5 and
preliminary platting of ten acres for 21 lots subject to the following:
1. Prior to City Council:
a. An agreement must be reached between Countryside Investments, Inc.
and Mrs. Stenjum to insure complimentary development and access.
2. Prior to final plat:
a. Proponent shall meet with the Engineering Department with regard to
water, sanitary and storm sewer. A 20 ft. easement allowing access
to the southeast retention pond shall be incorporated into the
development plan. A drainage easement shall be placed over the
southeast retention pond.
b. The proponent shall receive Watershed District approval.
Prior to Building permit issuance, the propenent shall pay the Cash Park
Fee.
4. A five foot wide concrete sidewalk shall be placed from north to south along
the west property line within the right-of-way of Duck Lake Road.
( STAFF REPORT
TO. . _
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT:
FEE OWNERS:
REQUESTS:
Planning Commission
Stephen Sullivan, Assistant Planner
Chris Enger, Director of Planning
June 3, 1983
High Trails Estates 2nd Addition
6451 Duck Lake Trail
Countryside Investments, Inc.
Karl and Helen Kurtz
1. Zoning from Rural to R1-13.5
2. Preliminary Plat of 10 acres for 25 lots
Background/Land Use
The present zoning for the parcel is Rural. The Guide Plan depicts low density
residential for the site and adjacent parcels:
Existing Site Character
The site is bordered on the east by Coachlight Manor, an established R1-22
residential development; to the south by High Trails Estates, an R1-13.5 residential
development; to the north by single family detached homes on rural lots; and to the
west by Sunset Trail Estates and Woodlawn Heights residential developments, adjacent
to Duck Lake Road. The legal description places the west property line at the
centerline of Duck Lake Road. The proposal places eight smaller lots adjacent to
two large lots, which are in the Coachlight Manor Development.
A home and several sheds exist on the site. These structures will be removed.
The terrain supports rolling hills with slopes ranging from 5-25%. The west one-
half of the parcel drains to a low area located within the central portion of the
site. This depression, during wet periods, outlets excess storm water onto Duck
Lake Road. The east one-half of the parcel drains to a wetland located in the
southeast portion of the site. This wetland collects run-off from adjacent portions
of Coachlight Manor and High Trails Estates.
The majority of the site is in meadow grasses. The two low areas contain cattails,
rushes, and reed grasses. Tree masses of basswood, maple, and oak are found along
the northern one-third of the east property line and south of the existing home.
Tho soils are generally conducive for development but require substantial
nodification in the low areas.
h1 (1
High Trails Estates 2nd Addition 2 June 3, 1983
Ordinance Requirements
All lots meet or exceed the minimum lot size, width, depth, and setback
requirements.
The following is the proposed lot area information for the project:
Minimum lot size
13,505 sq. ft.
Maximum lot size
29,335 sq. ft.
Lot size range 13,500 to 14,000 sq. ft.
14,000 to 15,000 sq. ft.
15,000 to 16,000 sq. ft.
16,000 to 17,000 sq. ft.
17,000 sq. ft. and over
15 lots
2 lots
3 lots
3 lots
2 lots
Gross Density 2.5 units per acre
Site Plan
Access to the parcel is off Duck Lake Road. Daniel Drive continues
t
o
t
h
e
e
a
s
t
approximately 400 ft. where it meets Craig Drive. Craig Drive ends wit
h
a
c
u
l
-
d
e
-
sac to the south and also dead-ends at the north property line. Th
i
s
d
e
a
d
-
e
n
d
provides a road connection to an existing single family home and future
d
e
v
e
l
o
p
m
e
n
t
of the adjacent north parcel. The continuation of Craig Drive looping b
a
c
k
t
o
D
u
c
k
Lake Road, in lieu of the proposed cul-de-sac, would provide a benef
i
t
f
o
r
s
n
o
w
removal and public safety efficiency. This continuation would provide m
i
n
i
m
a
l
o
r
n
o
benefit with regard to utility costs, road costs, the loss of one lot, and the
overall integrity of the neighborhood road system. Four lots will fro
n
t
D
u
c
k
L
a
k
e
Road. The volume of traffic generated by the project can be handled by t
h
e
a
d
j
a
c
e
n
t
road system.
Grading
The grading plan indicates a majority of the grading cuts taking plac
e
w
i
t
h
i
n
t
h
e
western one-half of the site. Cutting up to eight feet is propose
d
.
T
h
e
f
i
l
l
generated will be placed adjacent to the southern section of Craig Dri
v
e
,
p
r
o
v
i
d
i
n
g
building pads for the adjoining lots. Several mature oaks and basswood
w
i
l
l
b
e
l
o
s
t
with the grading of Craig Drive.. Filling up to ten feet is propo
s
e
d
w
i
t
h
i
n
a
portion of the southeast low area with filling up to six feet within th
e
c
e
n
t
r
a
l
l
o
w
area.
Drainage
Both storm water retention ponds are located to the rear of the propose
d
l
o
t
s
a
n
d
d
o
not provide maintenance access. The grading plan indicates walk-out s
t
y
l
e
h
o
m
e
s
adjacent to the low areas. The usable site area and available back yard space for
Lots 7 and 8 are restricted, due to the layout of the southeast s
t
o
r
m
w
a
t
e
r
retention pond. Both retention ponds will carry the on-site drainage. A swale
lo,:atod to the rear of Lots 9, 10, and 11 connects the two ponds. An easement is
proposed over the southeast pond, but not the central retention pond. A storm water
inlet, tying to the storm water system, is proposed for the southeast pond. No
storm water inlet is proposed off the central pond. On-site storm water is piped to
I
High Trails Estates 2nd Addition 3 June 3, 1983
an existing main along Duck Lake Road. Water and sanitary sewer are to be placed
within the proposed street right-of-way also tying to mains, which are being
implemented along Duck Lake Road in conjunction with the Woodlawn Heights project.
The site plan indicates a five foot wide concrete sidewalk along Duck Lake Road.
RECOMMENDATIONS
The Planning Staff recommends approval for zoning from Rural to R1-13.5 and
• preliminary platting of 10 acres for 25 lots, subject to the proponent meeting the
following:
1. Prior to City Council:
a. The site plan shall be revised allowing greater usable site area for
Lots 7 and 8.
b. The swale located along Lots 9, 10, and.11 shall be realigned along
property lines.
2. Prior to Final Plat:
a.. Proponent shall meet with the Enginrlering Department with regard to
water, sanitary and storm sewer.
b. A storm water inlet shall be implemented to the central retention
pond, connecting to the proposed storm water system.
c. A 20 ft. wide easement shall be provided, which allows access to
both retention ponds.
d. An easement shall be placed over the central storm water retention
pond.
e. The right-of-way for Duck Lake Road as indicated -by the preliminary
plat shall be final platted and dedicated to the City.
f. The proponent shall receive Wateshed District approval.
3. Prior to building permit issuance, proponent shall pay the required Cash
Park Fee.
4. A five foot wide concrete sidewalk shall be placed from north to south along
the west property line within the right-of-way of Duck Lake Road.
-
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #83-169
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF CROSSROADS TOWNHOMES BY BATON CORPORATION
BE-IT RESOLVED, by the Eden Prairie City Counctl as follows:
That the preliminary plat of the Crossroads Townhomes by Baton Corporation, dated
May 18, 1983, consisting of 5.0 acres for 40 townhouse units on six (6) lots, 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. Franc, City Cligk
•
0121 ic B. CROSSROADS TOWNHOMES, by Baton Corporation. Request for
7FETfininary Plat of 5.0 acres for seven (7) townhouse
buildings on six (6) lots. Location: South of Pioneer
Trail across from Prairie East 6th Addition. A public
hearing.
The Commission reviewed the request for preliminary platting of the
Crossroads townhomc project, which had previously been reviewed by
the Planning Commission as part of the Bluffs East Planned Unit
Development. At that time, platting was not part of the request for
this portion of the Planned Unit Development. For purposes of ease
of financing, the proponent was now requesting platting of the
property.
The Commission acknowledged receipt of a letter from Mr. Robert
McDonald, property owner immediately to the west of the project, and
asked that it be part of the record of the meeting. Mr. McDonald's
concerns centered around access to his property, both by roads and
utilities for any future development of his land and his father's
land, directly adjacent to the west of his property.
Chairman Bearman stated that he had had a phone conversation with
Mr. McDonald prior to the meeting during which they had discussed
the Bluffs East project, and, in particular, the Crossroads
Townhomes portion of the proposal.
Chairman Bearman noted that Mr. McDonald had made a request for
copies of Planning Commission and Council minutes, which he had not
yet received. He asked Staff to check into this and to make certain
that all pertinent minutes were sent to him.
Mr. McDonald's greatest concerns involved the storm sewer for the
area as it would affect his property, and any flexibility which may
be lost by virtue of access not being planned from the Crossroads
project to his and his father's property.
Torjesen asked whether better access would be available to the
McDonald property via an east/west road. Planner Enger stated that
it would not, and suggested that better access would be obtained
from Bennett Place or Blossom Road for the McDonald properties.
Torjesen asked if the situation arose where Blossom Road was closed
off, if it would be possible or necessary to obtain access from the
Crossroads project. Planner Enger stated that topography of the
area would make it difficult, if not impossible to do so.
Hallett asked if the property could be developed as multiple.
Chairman Dearman stated that, in his conversation with Mr. McDonald,
he was told that the McDonald's were uncertain as to how they wanted
to develop the land, from one sinlile family home on a large lot to
multiple residential. Planner Diger noted that the land surrounding
the McOrmald property to the north, south, and west, was all guided
as low density residential, which would indicate single family
residential development, unless the Comprehensive Guide Plan were to
be amended.
p)I(I
Hallett stated that he felt it wa
s
n
e
c
e
s
s
a
r
y
t
o
d
e
a
l
w
i
t
h
t
h
e
Crossroads project on its merits,
a
n
d
,
a
t
t
h
e
t
i
m
e
o
f
p
r
o
p
o
s
e
d
development of the McDonald property(ies), to deal with their
proposals on their own merits.
MOTION 1:
Motion was made by Gartner, seconded
b
y
H
a
l
l
e
t
t
,
t
o
c
l
o
s
e
t
h
e
p
u
b
l
i
c
hearing.
Motion carried--5.0-0
MOTION 2:
Motion was made by Gartner, seconded b
y
H
a
l
l
e
t
t
,
t
o
r
e
c
o
m
m
e
n
d
t
o
t
h
e
City Council approval of the preli
m
i
n
a
r
y
p
l
a
t
o
f
t
h
e
C
r
o
s
s
r
o
a
d
s
Townhomes by Baton Corporation, base
d
o
n
p
l
a
n
s
d
a
t
e
d
M
a
y
1
8
,
1
9
8
3
,
and subject to the recommendations o
f
t
h
e
S
t
a
f
f
R
e
p
o
r
t
o
f
J
u
n
e
2
4
,
1983,
Motion carried-5-0-0
STAFF REPORT
*
. TO:
FROM:
DATE:
. PROJECT:
LOCATION:
Planning Commission
Chris Enger, Director of Planning
June 24, 1983
Crossroads Townhomes
Southwest Corner of County Road #1 and Franlo Road, part of Bluffs
East
APPLICANT: Baton Corporation
FEE OWNER:
The Bluffs Company
REQUEST: Preliminary Platting of six acres into six lots and a public road
right-of-way
Background
This is a townhouse project of 40 units, which was previously approved by the City
earlier in the Spring, 1983. The project is between first and second readings for
the zoning ordinance and requires a division of property to accommodate six
different building phases necessary to meet FHA requirements for minimum amount of
condominium project being sold prior to closing on any individual property. This
lot division process is an identical process to the one the City went through on the
Zachman proposal for Edenvale South last year. Variances to side yard setback are
being provided in the overall Planned Unit Development.
The developer has not complied with the Council requirements for providing one
exterior parking stall per unit in this plan, in addition to driveway parking.
Developer has not complied with the requirement for provision of a landscaping plan,
which would show substantial buffering of the unit on Lot 6 and the parking on Lot 6
from the single family unit adjacent, nor buffering from the units and parking on
Lots 1, 3, and 5 from the western property.
RECOMMENDATIONS
Planning Staff would recommend approval of the request for preliminary plat of six
lots subject to the following:
1. All lots must belong to a single homeowners' association.
2. Parking of one additional exterior space per unit above and beyond driveway
parking must be provided in a plan prior to City Council review.
3. Prior to City Council review, a landscaping plan, illustrating buffering
from adjacent properties must be submitted to the Planning Staff in a form
acceptable to the Planning Staff.
4. The driveway on Lot I should be brought to a 90 degree angle with the center
of the arch of Sherman Drive.
5. Easement agreements must be drafted, which allow cross-parking and cross-
access between Lots 2 and 4 and Lots 3 and 5 prior to review by the City
Council. These easements agreements must also be accompanied by homeowners'
association documents which illustrate the way in which all lots are
anticipated to be part of an overall association. The association must
provide for corrmon maintenance of driveway areas, especially where lot lines
bisect the driveway.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #83-170
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF FLYING CLOUD BUSINESS CENTER FOR INVESTMENTS SERVICES GROUP
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Flying Cloud Business Center by Investment Services
Group, dated June 8, 1983, consisting of 2.9 acres, including the vacation of
McKinley Lane right-of-way and drainage easements for office/warehouse uses, 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. Franc, City Clerk
I 13TY)
D. FLYING CLOUD BUSINESS CENTER, by Investment Services Group.
ReViest for Rezoning from Rural to 1-2 Park of approximately
0.5 acres and Preliminary Plat of 2.9 acres, including the
vacation of McKinley Lane right-of-way and drainage
easements for office/warehouse uses. Location: Flying
Cloud Drive and McKinley Lane. A public hearing.
Mr. Tony Feffer, Investment Services Group, presented the request of
proponent for development of industrial property to the Commission.
Staff explained that the property requested to be rezoned was
previously City-owned land, which had been purchased by proponent.
Hallett asked how the City had obtained the land and why they would
not want to maintain ownership. Planner Enger explained that the
property was deeded to the City by the State of Minnesota as excess
right-of-way in that area. The City has no plans, nor need for the
land.
Torjesen asked how the frontage road was affected by this property.
Staff explained that it formed a 90 degree intersection with Shady
Oak Road at the northeast area of the property.
Torjesen inquired as to whether the 21 inch oak tree on the site
could be saved. Staff stated that it would be saved.
Torjesen questioned the site coverage of the project. Planner Enger
stated that the project was under the Code maximums, at about 20%
coverage. The Code allowed up to 30% coverage.
Torjesen asked if truck loading would be possible from Shady Oak
Road. Staff explained that it was not planned this way due to the
high visibility from this road. Car parking was planned in this
area, which could be screened from the public road.
Torjesen asked why proponent was widening the right-of-way of the
frontage road. Mr. Feffer responded that it was a requirement of
the City at the time of development of the adjacent properties to
any frontage road that the road be widened and the berming be
completed.
Chairman Bearman asked for questions and comments from members of
the audience. There were none.
MOTION 1:
Motion was made by Gartner, seconded by Hallett, to close the public
hearing.
Motion carried--5-0-0
MOTION 2:
Motion was made by Gartner, seconded by Hallett,to recommend to the
City Council approval of the request for zoning from Rural to 1-2
Park of approximately 0.5 acres for office/warehouse uses, for
Investment Services Group for the Flying Cloud Business Center,
based on plans dated June 8, 1983, and subject to the
recommendations of the Staff Report dated June 24, 1983.
Motion carried--5-0-0
MOTION 3:
Motion was made by Gartner, seconded by Hallett, to recommend to the
City Council approval of the request for preliminary plat of 2.9
acres for office/warehouse uses, including vacation of McKinley Lane
right-of-way and drainage easements, for Investment Services Group
for the Flying Cloud Business Center, based on plans dated June 8,
1983, and subject to the recommendations of the Staff Report dated
June 24, 1983.
Motion carried--5-0-0
STAFF REPORT
. TO:
FROM:
WUGH:
. DATE:
PROJECT:
LOCATION:
APPLICANT:
FEE OWNERS:
RCOUESTS:
Planning Commission
Stephen Sullivan, Assistant Planner
Chris Enger, Director of Planning
June 24, 1983
Flying Cloud Business Center
Flying Cloud Drive and McKinley Lane
Investment Services Group
Frank Garrison and Douglas Harless
1. Rezoning of approximately 0.5 acres from Rural to 1-2
2. Preliminary Plat of 2.9 acres, including the vacation of
McKinley Lane right-of-way and drainage easement, for an
office/warehouse use .
Background/Land Use
The guide plan depicts industrial use for the site and adjacent parcels. The
current zoning for the parcel north of McKinley Lane is Rural. The parcel to the
south is zoned 1-2.
Existing Site Character
The site is bordered to the north and west by Flying Cloud Drive, with
office/warehouse buildings lying to the east and south.
The 2.9 acres are currently platted into two lots, with McKinley Lane right-of-way
between the parcels. McKinley Lane is a narrow, gravel road, which provides access
for two single family homes, which are located on the south parcel. All structures
will be lost with development.
Existing vegetation within the site consists of several ornamental varieties of
shrubs and understory trees. Overstory trees on-site include Cottonwoods, Elms, and
Willows. One twenty-inch Oak exists within the southeast corner of the parcel. The
site plan indicates that all plant material will be removed with development.
The soil conditions are conducive for development.
Ordinance Requirements
The project meets or exceeds the City Code requirements for minimum lot size, lot
width, lot depth, front yard setbacks, side yard setb6cks, rear yard setbacks, and
maximm height of structure.
The following is the proposed site development in
f
o
r
m
i
t
i
o
n
:
Total Site Area:
127,229 sq. ft.
2.29 acres
Gross Building Area:
27,187 sq. ft.
Office
13,593.5 sq. ft.
Warehouse
13,593.5 sq. ft.
The parking proposed conforms to City Code requir
e
m
e
n
t
s
.
The Floor Area Ratio is 0.21, which is less than
t
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0.3.
Flying Cloud Drive, along the northwest corner of
t
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,
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i
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1
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.
higher than the building pad elevation. The site
p
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d
i
r
e
c
t
s
i
g
h
t
l
i
n
e
s
to the lower parking area and the rooftop mechani
c
a
l
e
q
u
i
p
m
e
n
t
.
S
i
g
h
t
l
i
n
e
s
o
c
c
u
r
from the southern portion of Flying Cloud Drive t
o
t
h
e
l
o
a
d
i
n
g
a
r
e
a
s
l
o
c
a
t
e
d
t
o
t
h
e
rear of the structure.
Site Plan
Auto access to the site is off Flying Cloud Driv
e
.
P
e
d
e
s
t
r
i
a
n
a
c
c
e
s
s
i
s
v
i
a
t
h
r
e
e
entrances located along the north side of the bu
i
l
i
d
i
n
q
.
S
e
r
v
i
c
e
a
c
c
e
s
s
i
s
f
r
o
l
a
second drive, also located off Flying Cloud Drive
,
t
o
t
h
r
e
e
l
o
a
d
i
n
g
d
o
c
k
s
p
l
a
c
e
d
o
n
the south side of the structure. The volume of t
r
a
f
f
i
c
g
e
n
e
r
a
t
e
d
f
r
o
m
t
h
e
p
r
o
j
e
c
t
can be handled by the surrounding road system, a
l
t
h
o
u
g
h
t
h
e
i
n
t
e
r
s
e
c
t
i
o
n
o
f
S
h
a
d
y
Oak Road and Flying Cloud Drive does back up at pe
a
k
t
r
a
f
f
i
c
h
o
u
r
s
.
A minimum amount of grading is proposed. Proposed slop
e
s
r
a
n
g
e
f
r
o
m
2
%
a
c
r
o
s
s
t
h
e
parking lot to 33% along the northeast portion of the s
i
t
e
a
d
j
a
c
e
n
t
t
o
F
l
y
i
n
g
C
l
o
u
d
Drive.
No storm sewer is proposed. The storm water drain
s
o
f
f
-
s
i
t
e
t
o
t
h
e
a
d
j
a
c
e
n
t
developed southern parcel, where it runs overland, even
t
u
a
l
l
y
m
e
e
t
i
n
g
a
s
t
o
r
m
s
e
w
e
r
inlet located several hundred feet to the south. Sanita
r
y
s
e
w
e
r
i
s
p
r
o
p
o
s
e
d
t
o
t
i
e
into an existing main located east of the site. Water
s
e
r
v
i
c
e
i
s
p
r
o
p
o
s
e
d
o
f
f
a
n
existing main along McKinley Lane. Staff recommen
d
s
t
h
a
t
t
h
e
w
a
t
e
r
s
y
s
t
e
m
b
e
looped, running around the south side of the building
a
n
d
t
y
i
n
g
t
o
a
n
e
x
i
s
t
i
n
g
8
"
main adjacent to Flying Cloud Drive. Hydrants shall be pl
a
c
e
d
o
n
t
h
e
s
o
u
t
h
w
e
s
t
a
n
d
southeast corners of the structure.
Two ten foot easements are proposed over the
e
x
i
s
t
i
n
g
w
a
t
e
r
a
n
d
s
a
n
i
t
a
r
y
s
e
w
e
r
lines, which lie adjacent to McKinley Lane. No
s
t
r
u
c
t
u
r
e
s
a
r
e
p
r
o
p
o
s
e
d
o
v
e
r
t
h
e
s
e
existing utilities.
RECOMMENDATIONS
Staff recommends approval of the requested rezoni
n
g
o
f
0
.
5
a
c
r
e
s
f
r
o
m
R
u
r
a
l
t
o
1
-
2
and preliminary plat cpproval of 2.9 acres, includ
i
n
g
t
h
e
v
a
c
a
t
i
o
n
o
f
M
c
K
i
n
l
e
y
L
a
n
e
right-of-way and drainage easements, subject to th
e
f
o
l
l
o
w
i
n
g
:
. I 6 V
1. Prior to final plat, proponent shall:
a. Meet with the City Engineering Department with regard to water,
sanitary sewer, and storm water drainage.
b. Redesign the watermain to be looped, tying back to the existing main
along Flying Cloud Drive.
c. Locate hydrants at the southeast and southwest corners of the
structure.
d. Submit plans for a ten foot wide utility easement over the existing
sanitary sewer and watermain along McKinley Lane to the City
Engineering Department for review and approval.
2. Prior to building permit issuance, proponent shall:
a. Receive Watershed District approval.
b. Submit a revised landscape plan to the City Planning Department
illustrating screening of the loading areas, parking areas, and
rooftop mechanical equipment from Flying Cloud Drive. Also, include
In the landscape plan sodding and staking of the 33% slope located
in the northeast portion of the site.
c. Pay the required Cash Park Fee
d. Signage plan consistent with City Code.
TO: Mayor & Council
FROM: John Frane
DATE: July 15, 1983
RE: MIDB's for Cotton/Hagen - $500,000 - Resolution 83-171
Richard Cotton and Russell Hagen intend to construct a 12,000 square
foot office/warehouse on Market Place Drive. The facility would be
leased to companies owned by Cotton and Hagen. The Land is zoned
correctly for its intended use. The bonds would be privately placed.
The project would employ about 19 people. Resolution 83-171 is attached
for your consideration.
175,20
CITY OF EDEN PRAIRIE, MINNESOTA
Application for •
Industrial Development Bond Prpject Fi
n
a
n
c
i
n
g
1. APPLICANT:
a. Business Name -
Cotton/Hagen Partnership
A Minnesota general partnership •11
b. Business Address -
5230 W. 73rd St.
Edina, Minnesota 55435
Business Form (corporation, partnershi
p
,
s
o
l
e
p
r
o
p
r
i
e
t
o
r
-
ship, etc.) -
Partnership
d. State of Incorporation or organization
-
'Minnesota
e. Authorized Representative
Stan Johannes
Rothschild Financial Corporation, 4940 Viking Dri
v
e
,
E
d
i
n
a
,
M
N
5
5
4
3
5
I. Phone -
B35-7511
2. NAME(S) AND ADDRESSES OF MAJOR STOC
K
H
O
L
D
E
R
S
O
R
P
R
I
N
C
I
P
A
L
S
:
Richard M. Cotton
R. M. Cotton Company
5230 West 73rd Street
Edina, Minnesota 55435
Rusell B. Hagen
Data Recognition Corporation
5230 West 73rd Street
Edina, Minnesota 55435 .
a.
b.
C .
-1-
APPLICATION OF BOND PROCEEDS
Cotton/Hagen Partnership is requesting the City of Eden Prairie to
adopt an inducement resolution and to enter into a memorandum of
agreement providing for subsequent issuance of Industrial Develop-
ment Revenue Bonds in the amount of $500,000.
Proceeds will be used to purchase property and construct an approxi-
mate 12,000 s.f. headquarters facility, including all equipment
necessary to operate same. Proceeds will also be used to pay interest
prior to and during construction, cost of engineering and architectural
services, plans and specifications, cost of securing the financing for
the project, as well as any other expense necessary or incident to the
construction of the project. No working capital will be derived from
these funds.
The following table represents the anticipated use of the proceeds:
ESTIMATED PROJECT COST FOR:
Land
Construction Contracts, Architect, Engineer
Legal
Interest during Construction
Loan Fees
Other - title and miscellaneous
TOTAL
108,762
408,207
14,800
6,000
22,500
3,737
$564,006
(
5.
3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL
PRODUCTS, ETC:
See attached exhibit
4. DESCRIPTION OF PROJECT
An approximate 12,000 s.f. corporate headquarters facility for the R. M. Cotton
Company and Data Recognition Corporation. The facility will consist of approxi-
mately 4,899 s.f. office and 7,239 s.f. warehouse.
a. Location and intended use:
xxxxx Market Drive Eden Prairie Intended use is to house the
corporate operations of he R. 1.1. Cotton Company & Data Recognition Corporation
b. Rxescnt uwnersnip oc project site:
Present ownership of the site is the Hustad Land Corporation. Welsh Construction
Corporation has a purchase agreement to buy this site from Hustad Land Corp: and
has entered -into a subsequent,purchae aeggnat r wltw rme_4pR ar.si t.
c. Names and acioress arcnitec ,
contractor:
General Contractor: Architect: Engineer:
Welsh Construction, Inc. Design Partnership Ron Krueger & Assoc.
7200 Ohms Lane 15 South 5th St.., Suite 900 8140 Flying Cloud Dr.
Edina, MN 55435 Minneapolis, MN 55402 Eden Prairie, MN 55344
ESTIMATED PROJECT COST FOR:
Land
Construction Contracts/Archts/Engineer 4118,20/
Equipment Acquisition and installation*
Architectural and Engineering
Legal 14 800
Interest during Construction 6,000
Bond Reserve
Contingencies
Loan Fees
Other - Title & Misc.
• T ot a l $ 564.006
*Heating and air conditioning should be included as building costs.
• Indicate the kind of equipment to be acquired here.
Irene Equipment - gas forced air & heat. (office)
gas space heat (warehouse)
108,762
22,500
CORPORATE HISTORY
R. M. Cotton Company
The R. M. Cotton Company has been in business in Minneapolis since
1956 and has been incorporated in Minnesota since 1969. The firm
is a manufacturers representative which represents nine various
manufacturers, and purchases its materials from these'manufacturers
for resale directly to mechanical contractors in the state of
Minnesota, North Dakota, South Dakota, and western Wisconsin.
Cotton Company's main product lines consist of hydraulic heating
and air conditioning equipment and domestic hot water heating
equipment for commercial jobs in the building trades industry.
The bulk of the materials purchased are shipped to our warehouse
and is held there until it is required at the job site. In addi-
tion to new orders, service parts are stocked for distribution
to current users.
Data Recognition Corporation
data capture services through optics
June 23, 1983
Data Recognition Corporation has been providing Optical Mark
Recognition scanning services since November of 1976. Cur first
application was to use the scanner to collect Sales Call Reporting
data for The Pillsbury Company. Cur next project was to design
and implement an Employee Attitude Survey for Honeywell Inc.
In 1982, Data Recognition Corporation processed over 2 million
pieces of paper through our facility. The customers who
contributed to that volume include business and government
agencies. Currently we collect Sales Call Reporting data for The
Pillsbury Company; Employee Attitude Survey and Job Analysis data
for Honeywell Inc.; Student Testing and Student Accounting data
collection for Mineapolis Public and Kenosha Wisconsin Public
Schools; Annuitant Survey services for Exxon Corporation; Student
Testing and Student Accounting data collection for The State of
Minnesota; Survey of 160,000 x-ray technicians for The University
of Minnesota and The National Institute of Health; Poison
Substance data collection system for the Food and Drug
Administration Poison Control Centers; Employee Attitude Survey
and Health Survey data for Control Data Corporation; Student
Survey data collection and analysis system for Control Data
Institute; Licensing Exam data for the 'American Registry of
Radiologic Technicians.
The addition of new customers and applications led to requests
that we provide additional services so that the survey user had
fewer vendors to manage. Today we provide a full range of
services to the survey user: Survey design and printing; direct
mail operations for known survey populations; data collection
services using Cptical Mark Recognition computers; survey data
analysis and reporting. Customers having open ended items can
have content analysis reports provided by demographic catagories
or other customer selected criteria.
Data Recognition and Satisfaction, Performance Research Center,
Inc., are developing an Employee Attitude Survey data analysis
system for Honeywell Inc. and SPR Center, Inc. The system will be
implemented on our in-house Texas Instruments 990 computer. The
HAS system will make use of a user defined Master Item Pool. The
Master Item Pool concept will provide the Honeywell and SPH
Center. Inc. with the ability to cross tabulate items from a
survey with the like items asked on other surveys though they may
be located at different positions in the respective data streams.
n ,2:10r •:ed
iieee.
I
5230 wust 73rd street
umme4w0t1 m.mosota 05435
(612) 521 1221
Data Recognition Corporation
data capture services through optics
Copy needed for reporting of results need not be reentered for
frequently used items. The EAS analysis system will make use of
the text located in the Faster Item Pool for reporting purposes.
The EAS system also makes use of Laser Printing technologies to
print reports which will appear to have been produced by the
graphic arts department within the corporation. Bar charts,
histograms, scattergrams, upper and lower case letters, up to 10
different type fonts in any one report (including italics), type
sizes from 4 to 12 points in size are available, printing on both
sides of the page, pages sizes of 8 1/2 X 11 inches, reproduction
of corporate logos on the reports, all produced by computer.
Data Recognition Corporation
Russell B. Hagen
a. Before this project:
none
6. BOND ISSUE -
a. Amount of proposed bond issue -
$500,000
b. Proposed date of sale of bond -
August 26, 1983
C. Length of bond issue and proposed maturities -
30 year term, 10 year call option
d. Proposed original purchaser of bonds -
Institutional sources
e. Name and address of suggested trustee
n/a
.f. _Copy of any agreement between Appli,cant and original
purchaser -
see attached
g. Describe any interim financing sought or available -
10% tax exempt through completion of construction to permanent closing.
h. Describe nature and amount of any permanent financing
in addition to bond financing -
10% tax exempt, 30 year term, 10 year call option, adjustable at the •
end of every third year by ratio to be established x the 20 year bond
index.
7. BUSINESS PROFILE -
a. Are you located in the City of Eden Prairie?
No
-1). Number of employees in Eden Prairie?
-3--
ii. After this project?
19
c. Approximate annual sales
R. M. Cotton Co.
$1,700,000 est. 1983
d. Length of time in business
Since 1956
n/a in Eden Prairie
e. Do you have plants in other location
s
?
I
f
s
o
,
w
h
e
r
e
?
no
f. Are you engaged in international trad
e
?
no
8. OTHER INDUSTRIAL DEVELOPMENT PROJE
C
T
(
S
)
:
a. List the name(s) and location(s)
o
f
o
t
h
e
r
i
n
d
u
s
t
r
i
a
l
development project(s) in which the A
p
p
l
i
c
a
n
t
i
s
t
h
e
• owner or a "substantial user" of the
f
a
c
i
l
i
t
i
e
s
o
r
a
"releated person" within the meaning
o
f
S
e
c
t
i
o
n
1
0
3
(
b
)
(
6
)
,
of the Internal Revenue Code.
none
b. List all cities in which the App
l
i
c
a
n
t
h
a
s
r
e
q
u
e
s
t
e
d
industrial revenue development fi
n
a
n
c
i
n
g
.
none
c. Detail the status of any request
t
h
e
A
p
p
l
i
c
a
n
t
h
a
s
b
e
f
o
r
e
any other city for industrial de
v
e
l
o
p
m
e
n
t
r
e
v
e
n
u
e
f
i
n
a
n
c
i
n
g
.
n/a
d: List any city in which the A
p
p
l
i
c
a
n
t
h
a
s
b
e
e
n
r
e
f
u
s
e
d
• industrial development • revenue -financing
n/a
e. List any city (and the projec
t
n
a
m
e
)
w
h
e
r
e
t
h
e
A
p
p
l
i
c
a
n
t
has acquired preliminary approva
l
t
o
p
r
o
c
e
e
d
b
u
t
i
n
w
h
i
c
h
final approval authorizing the f
i
n
a
n
c
i
n
g
h
a
s
b
e
e
n
d
e
n
i
e
d
.
n/a
r .•
-5-
f. If Applicant has been denied ind
u
s
t
r
i
a
l
d
e
v
e
l
o
p
m
e
n
t
revenue financing in any other city
a
s
i
d
e
n
t
i
f
i
e
d
in (d) or (c), specify the reason(p)
f
o
r
t
h
e
d
e
n
i
a
l
and the name(s) of appropriate city o
f
f
i
c
i
a
l
s
w
h
o
have knowledge of the transaction.
n/a
9.. NAMES AND ADDRESS OF:
a. Underwriter (If public offering)
n/a
b. Private Placement Purchaser (If priv
a
t
e
p
l
a
c
e
m
e
n
t
)
institutional source
i. If lender.will not commit until
C
i
t
y
h
a
s
passed its preliminary resolution ap
p
r
o
v
i
n
g
the project, submit a letter from pr
o
p
o
s
e
d
lender that it has an interest in t
h
e
offering subject to appropriate Cit
y
approval and approval of the Commis
s
i
o
n
e
r
of Securities.
Col/ON )/4e/CAJ /902 7-rUe.:72-5.0/D
Applicant
t„
By
6- 23-03
Date
-7-
b. Bond Counsel -
Mr. Richard Helde
Faegre & Benson, 3400 IDS Center, Minneapolis, MN
5
5
4
0
2
c. Corporate Counsel -
Sam Courey
Courey, Schwinn, Kodader
1350 Soo Line Building, Minneapolis, MN 55402
d. Accountant -
FOR FURTHER INFORMATION CONTACT:
Stan Johannes, Rothschild Financial Corporation 835-7511
The undersigned Applicant understands that t
h
e
a
p
p
r
o
v
a
l
o
r
disapproval by the City of Eden Prairie for
I
n
d
u
s
t
r
i
a
l
Development bond financing does not expressl
y
o
r
i
m
p
l
i
e
d
l
y
constitute any approval, variance, or waiver
o
f
a
n
y
p
r
o
v
i
s
i
o
n
or requirement relating to any zoning, buil
d
i
n
g
,
o
r
o
t
h
e
r
r
u
l
e
oi ordinance of the City of Eden Prairie, or
a
n
y
o
t
h
e
r
l
a
w
applicable to the property included in this
p
r
o
j
e
c
t
.
10. WHAT IS YOUR TARGET DATE FOR:
a. Construction start -
r
September 1, 15383
• b. Construction completion
n•nn
November 1, 1983
RESOLUTION GIVING PRELIMINARY APPROVAL
TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT
BY A MINNESOTA GENERAL PARTNERSHIP TO BE FORMED
BY R.M. COTTON AND RUSS HAGEN, AS GENERAL PARTNERS, UNDER
THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING
SUBMISSION OF AN APPLICATION TO THE
COMMISSIONER OF ENERGY, PLANNING AND DEVELOPMENT
FOR APPROVAL THEREOF
BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota, as follows:
1. There has been presented to this Council a pro-
posal that the City undertake and finance a project by a
Minnesota general partnership to be formed by R.M. Cotton and
Russ Hagen, as general partnels, (the "Company") pursuant to the
Minnesota Municipal Industrial Development Act, Minnesota
Statutes, Chapter 474 (the "Act"), generally consisting of the
acquisition and construction of an office-warehouse facility to
be owned by the Company and leased to R.M. Cotton Co. and Data
Recognition Corporation, and to be used by said tenants in their
respective businesses (the "Project"). Under the proposal, the
Company will enter into a revenue agreement with the City upon
such terms and conditions as are necessary to produce income and
revenues sufficient to pay when due the principal of and the
interest on up to approximately $500,000 Industrial Development
Revenue Bonds of the City to be issued pursuant to the Act, to
provide monies for the acquisition, construction and installation
of the Project; and the City will pledge its interest in the
revenue agreement to secure the bonds.
2. As required by the Act, this Council conducted a
public hearing on , 1983, on the proposal to
undertake and finance the Project after publication in the
official newspaper and a newspaper of general circulation in the
City of a notice setting forth the time and place of hearing;
stating the general nature of the Project and an estimate of the
principal amount of bonds or other obligations to be issued to
finance the Project; stating that a draft copy of the proposed
Application to the Commissioner of Energy, Planning and Develop-
ment, together with all attachments and exhibits thereto, is
available for public inspection at the office of the City Clerk,
in the City Hall, at all times between the hours of 8:00 A.M. to
4:30 P.M. each day except Saturdays, Sundays and holidays to and
including the day of hearing; and stating that all parties who
appear at the public hearing shall have an opportunity to express
their views with respect to the proposal. The draft application
-3-
to the Commissioner of Energy, Planning and Development, together
with all attachments and exhibits thereto, was on file and
available for public inspection at the place and times set forth
in the notice.
3. it is hereby found, determined and declared that
the Project furthers the purposes stated in Section 474.01 of
the Act in that the purpose of the Project is and the effect
thereof will be to promote the public welfare by the attraction,
encouragement and development of economically sound industry and
commerce so as to prevent, so far as possible, the emergence ot
blighted and marginal lands and areas of chronic unemployment;
the retention and development of industry to use the available
resources of the community, in order to retain the benefit of its
existing investment in educational and public service facilities;
by halting the movement of talented, educated personnel of mature
age to other areas and thus preserving the economic and human
resources needed as a base for providing governmental services
and facilities; and the more intensive development of land avail-
able in the area to provide a MOVP adequate tax base to finance
the cost of governmental services in the Municipality, county and
school district where the Project is located.
4. The Company has entered into preliminary dis-
cussions with Rothschild Financial Corporation, as financial
consultant, and the financial consultant has reported that the
Project and the sale of bonds therefor are feasible.
5. The Company has agreed to pay any and all costs
incurred by the City in connection with the Project whether or
not the Project is approved by the Commissioner of Energy,
Planning and Development and whether or not the Project is
carried to completion or the bonds are issued.
6. The Project is hereby given preliminary approval by
the City subject to approval of the Project by the Commissioner
of Energy, Planning and Development and subject to final approval
by this Council and by the purchasers of any bonds to be issued
as to the ultimate details of the Project and as to the terms of
the bonds.
7. In accordance with Section 474.01, Subd. 7, of the
Act, the Mayor, the City Manager and such other officers and
representatives of the City as may from time to time be
designated are hereby authorized and directed to submit the
proposal for the Project to the Commissioner of Energy, Planning
and Development and request hie approval thereof, and the Mayor,
the City Manager and other officers, employees and agents of the
City are hereby authorized to provide the Commissioner with such
preliminary information as he may require. The Company, Faegre &
henson, as bond counsel, the City Manager, the City Attorney, and
other
-4-
City officials are also authorized to initiate the prep
a
r
a
t
i
o
n
o
f
a proposed loan agreement and such other documents as
m
a
y
b
e
necessary or appropriate to the Project so that, when
a
n
d
i
f
t
h
e
proposed Project is approved by the Commissioner and t
h
i
s
C
o
u
n
c
i
l
gives its final approval thereto, the Project may be c
a
r
r
i
e
d
forward expeditiously.
8. The adoption of this resolution does not
constitute a guarantee or a firm commitment that the C
i
t
y
w
i
l
l
issue the bonds as requested by the Company. The City
r
e
t
a
i
n
s
the right in its sole discretion to withdraw from part
i
c
i
p
a
t
i
o
n
and accordingly not issue the bonds should the City at
a
n
y
t
i
m
e
prior to the issuance thereof determine that it is in
t
h
e
b
e
s
t
interest of the City not to issue the bonds or should
t
h
e
p
a
r
t
i
e
s
to the transaction be unable to reach agreement as to
t
h
e
t
e
r
m
s
and conditions of any of the documents required for the
transaction.
9. All commitments of the City expressed herein are
subject to the condition that within twelve months of t
h
e
d
a
t
e
o
f
adoption of this Resolution the City and the Company sh
a
l
l
h
a
v
e
agreed to mutually acceptable terms and conditions of t
h
e
R
e
v
e
n
u
e
'Agreement, the Bonds and of the other instruments and
p
r
o
c
e
e
d
i
n
g
s
relating to the Bonds and their issuance and sale. If t
h
e
e
v
e
n
t
s
set forth herein do not take place within the time set
f
o
r
t
h
above, or any extension thereof, and the Bonds are not
s
o
l
d
within such time, this Resolution shall expire and be o
f
n
o
further effect.
/69,9
TO: Mayor & Council
FROM: John Frane
DATE: July 15, 1983
RE: MIDB's for BBS Partners - $2,000,000 - Resolution 83-172
Brad Bruce and Steven Hoyt intend to construct a 60,000 square foot
office/warehouse facility to be leased to Bachman's, Inc. The building
is located on Lot 1 Block 1 Norseman Industrial Park 5th and on part
of Lot 1 Block 1 Norseman 3rd. The land is zoned correctly for its
intended'use. The Facility will employ at least 12 people. The bonds
will be privately placed. Resolution 83-172 is attached for your
consideration.
CITY OF EDEN PRAIRIE, MINNESOTA
Application for
Industrial Development Bond Project Financing
1. APPLICANT:
a. Business Name - BPS Partners, a Minnesota General Pa
r
t
n
e
r
s
h
i
p
b. Business Address - 8300 Grand Avenue South
Bloomington, MN. 55420
c. Business Form (corporation, partnership, sole p
r
o
p
r
i
e
t
o
r
-
ship, etc.) - General Partnership
d. State of Incorporation or organization - Minneso
t
a
e. Authorized Representative
f. Phone - (612) 884-4338
•
Steven. Hoyt
Managing General Partner
2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLD
E
R
S
O
R
P
R
I
N
C
I
P
A
L
S
:
a. Bruce K. Hoyt (33.33%)
9133 Forest Hills Circle
Blocmington, MN. 55437
b. 'teven D. Hoyt (33.34%)
10601 Niblick Lane
Eden Prairie, .MN. 55344 •
C. Bradley A. Hoyt (33,33%)
3217 Robinwood Lane
Minnetonka, MN. 55343
-1-
3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIP
A
L
•
PRODUCTS, ETC:
Construction, development and management of office/distribution/
manufacturing/service facility.
Russell J Saulcn - Architect
10125 Crosstown Circle
Eden Prairie, MN. 55344
Hoyt Construction Co. - Gen. Contra7-
8300 Grand Ave. So. tcr
Bloomington, MN. 55420
4. DESCRIPTION OF PROJECT
a. Location and intended use: Lot 1, Block 1, Norseman Industria
l
Park 5th Addition and ti -e west 250 feet of Lot 1, Block 1 Norsemen
Industrial Park 3rd Addition
b. Present ownership of project site:
Herliev Belle - Contract Vendor
Steven B. Hoyt and Bruce K. Hoyt. - Contract Vendees
c. Names and address of architect, engineer, and general
contractor :
ESTIMATED PROJECT COST FOR:
Land • $ 400000
Construction Contracts 1 400 000
Equipment Acquisition and installation*
Architectural and Engineering 10,000
Legal 10,000
Interest during Construction 75,000
Bond Reserve -0-
Contingencies 50,000
Loan Fees 2570-0-6
Other
' Total
$ 2,000,000
,Heating and air conditioning should be included as buil
d
i
n
g
c
o
s
t
s
.
Indicate the kind of equipment to be acquired here.
-o-
-2- . /Of
6. BOND ISSUE - N/A
' a. Amount of proposed bond issue -
b. Proposed date of sale of bond -
c. Length of bond issue and proposed maturities -
d. Proposed original purchaser of bonds -
e. Name and address of suggested trustee -
f. Copy of any agreement between Applicant and original
'purchaser - . .
g. Describe any interim financing Sought or available -
h. Describe nature and amount of any $ermanent financing
in addition to bond financing -
7. BUSINESS PROFILE -
a. Are you located in the City of Eden Prairie? Yes
.b. Number of employees in Eden Prairie?
i. Before this project: bachnan's has 12 people employed in'Dden
Prairie at this time in their location in Eden Prairie
-3-
ii. After this project? Badman's will have at least this amount
empaoyed in Eden Prairie after the project is completed.
C. Approximate annual sales Bactman's has in excess
o
f
$
3
0
,
0
0
0
,
0
0
0
i
n
annual sales
d. Length of time in business over 40_years
in Eden Prairie 3 years
e. Do you have plants in other locations? If so, w
h
e
r
e
?
Minneapolis and otter locations
f. .ArP you engaged in international trade? No
8. OTHER INDUSTRIAL DEVELOPMENT PROJECT():
a. List the name(s) and location(s) of other i
n
d
u
s
t
r
i
a
l
development project(s) in which the Applicant
i
s
t
h
e
owner or a "substantial user" of the facilitie
s
o
r
a
"releated person" within the meaning of Section
1
0
3
(
b
)
(
6
)
of the Internal Revenue Code. Bloomington, MN. - Olymp
i
a
I
l
l
s
.
C
e
n
t
e
r
$2,200,000 •
Eden Prairie; MN.: Shady View Bus. Ctr. II - $3,950,00
0
Minneapolis, KN.: Thrsher Square - $4,200,000
-4-
b. List all cities in which the Applicant has requested
industrial revenue development financing.
Ploanington, .Eden Prairie, Mimeapolis
c. Detail the status of any request the Applicant has before
any other city for industrial development revenue financing.
With regard to Olympia Business Center in Bloanington, the project is
proceedirrj under the preliminary resolution and a final resolution will be
presented pending permanent financing within the next six months.
With regard to Eden Prairie - Shady View aisiness Center II, the final
resolution will be presented to the City within the next two weeks.
With regard to Minneapolis, a preliminary resoluticn has been issued in
the arnount of $7,000,000 which will be reduced to $4,200,000, which will be
approved within the next four weeks.
d. List any city in which the Applicant has been refused
industrial development revenue financing.
None
e. List any city (and the project name) where the Applicant
has acquired preliminary approval to proceed but in which
final approval authorizing the financing has been denied.
None
-5-
/{5L//
f. If Applicant has been denied industrial development
revenue financing in any other city as identified
in (d) or (e), specify the reason(s) for the denial
and the name(s) of appropriate city officials who
have knowledge of the transaction.
Not applicable
9. NAMES AND ADDRESS OF:
a. Underwriter (If public offering) Not applicable
b. Private Placement Purchaser (If private placement)
Mellon Bank .N.A.
i. If lender will not commit until City has
passed its preliminary resolution approving
the project, submit a letter from proposed
lender that it has an interest in the
offering subject to appropriate City
approval and approval of the Commissioner
of Securities. See attached letter frcm Draper and Kramer
on behalf of Mellon Bank N.A. agreeing to commit to
the placement of construction loan financing.
b. Bond Counsel - Dorsey and Whitney (Verlane Endorf)
G. Corporate Counsel - Steven B. Hoyt
d. Accountant - Boulay, Heutmaker, Zibell and Co.
10. WHAT IS YOUR TARGET DATE FOR:
a. Construction start - August 15, 1983
b. Construction completion - Mmxii 15, 1984
FOR FURTHER INFORMATION CONTACT:
The undersigned Applicant understands that the approval or
disapproval by the City of Eden Praii* for Industrial
Development bond financing does not expressly or impliedly
constitute any approval, variance, or waiver of any provision
or requirement relating to any zoning, building, or other rule
or ordinance of the City of Eden Prairie, or any other law
applicable to the property included in this project.
BBS PNIINERS
Applicant Steven B. Hoyt
Managing General Partner
By
June 29, 1983
Date
-7-
RESOLUTION NO.
RESOLUTION DETERMINING TO PROCEED WITH A PROJECT
AND ITS FINANCING UNDER THE MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE
DEPARTMENT OF COMMERCE FOR APPROVAL: AND
AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS
BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota (the Municipality), as follows:
SECTION 1
Recitals and Findings
1.1. This Council has received a proposal that the
Municipality finance a portion or all of the cost of a proposed
project under Minnesota Statutes, Chapter 474 (the Act),
consisting of the acquisition of land and the construction and
equipping thereon of a facility approximately of 60,000 square
feet to be located at 99th and 74th Streets in the Municipality
(the Project) by BBS Partners, a Minnesota general partnership
(the Borrower),to be leased by the Borrower to Bachman's, Inc.,
a Minnesota general partnership.
1.2. At a public hearing, duly noticed and held on
1983, in accordance with the Act, on the proposal to undertake
and finance the Project, all parties who appeared at the
hearing were given an opportunity to express their views with
respect to the proposal. Based on the public hearing and such
other facts and circumstances as this Council deems relevant,
this Council hereby finds, determines and declares as follows:
(a) The welfare of the State of Minnesota requires
active promotion, attraction, encouragement and development of
economically sound industry and commerce through governmental
acts to prevent, so far as possible, emergence of blighted
lands and areas of chronic unemployment, and the State of
Minnesota has encouraged local government units to act to
prevent such economic deterioration.
(b) The Project would further the general purposes
contemplated and described in Section 474.01 of the Act.
(c) The existence of the Project would add to the tax
base of the Municipality, the County and School District in
which the Project is located and would provide increased
opportunities for employment for residents of the Municipality
and surrounding area.
-8-
(d) This Council has been advised by representatives
of the Borrower that conventional, commercial financing to pay
the cost of the Project is available only on a limited basis
and at such high costs of borrowing that the economic
feasibility of operating the Project would be significantly
reduced, but that with the aid of municipal borrowing, and its
resulting lower borrowing cost, the Project is economically
more feasible.
(e) This Council has also been advised by
representatives of the Borrower that on the basis of their
discussions with potential buyers of tax-exempt bonds, revenue
bonds of the Municipality (which may be in the form of a
commercial development revenue note or notes) could be issued
and sold upon favorable rates and terms to finance the Project.
(f) The Municipality is authorized by the Act to
issue its revenue bonds to finance capital projects consisting
of properties used and useful in connection with a revenue
producing enterprise, such as that of the Borrower, and the
issuance of the bonds by the Municipality would be a
substantial inducement to the Borrower to acquire and construct
the Pxoject.
SECTION 2
Determination to Proceed with
the Project and its Financing
2.1. On the basis of the information given the Municipality to
date, it appears that it would be desirable for the
Municipality to issue its revenue bonds under the provisions of
the Act to finance the Project in an aggregate principal amount
not to exceed $2,000,000.
2.2. It is hereby determined to proceed with the Project and
its financing and this Council hereby declares its present
intent to have the Municipality issue its revenue bonds under
the Act to finance the Project. Notwithstanding the foregoing,
however, the adoption of this resolution shall not be deemed to
establish a legal obligation on the part of the Municipality or
its City Council to issue or to cause the issuance of such
revenue bonds. All details of such revenue bond issue and the
provisions for payment thereof shall be subject to final
approval of the Project by the Department of Commerce and may
be subject to such further conditions as the Municipality may
specify. The revenue bonds, if issued, shall not constitute a
charge, lien or encumbrance, legal or equitable, upon any
property of the Municipality, except the Project, and each
bond, when, as and if issued, shall recite in substance that
-9-
the bond, including interest thereon, is payable solely from
the revenues received from the Project and property pledged to
the payment thereof, and shall not constitute a debt of the
Municipality within the meaning of any constitutional or
statutory limitation,
2.3. The Application to the Department of Commerce, with
attachments, is hereby approved, and the Mayor and Finance
Director/Clerk are authorized to execute said documents in
behalf of the Municipality.
2.4. In accordance with Section 474.10, Subdivision 7a of the
Act, the Mayor and Finance Director/Clerk are hereby authorized
and directed to cause the Application to be submitted to the
Department of Commerce for approval of the Project. The Mayor,
Finance Director/Clerk, City Attorney and other officers,
employees and agents of the Municipality are hereby authorized
and directed to provide the Director with any preliminary
information needed for this purpose. The City Attorney is
authorized to initiate and assist in the preparation of
documents as may be appropriate to the Project, if approved by
the Director.
SECTION
General
3.1. If the bonds are issued and sold, the Municipality will
enter into a lease, sale or loan agreement or similar agreement
satisfying the requirements of the Act (the Revenue Agreement)
with the Borrower. The lease rentals, installment sale
payments, loan payments or other amounts payable by the
Borrower to the Municipality under the Revenue Agreement shall
be sufficient to pay the principal, interest and redemption
premium, if any, on the bonds as and when the same shall become
due and payable.
3.2. The Borrower has agreed and it is hereby determined that
any and all direct and indirect costs incurred by the
Municipality in connection with the Project, whether or not the
Project is carried to completion, and whether or not approved
by the Department of Commerce, and whether or not the
Municipality by resolution authorizes the issuance of the
bonds, will be paid by the Borrower upon request.
3.3. The Mayor and Finance Director/Clerk are directed, if the
bonds are issued and sold, thereafter to comply with the
provisions of Minnesota Statutes, Section 474.01, Subdivision 8.
-10-
Adopted this day of 1983.
Mayor
Attest:
Finance Director/Clerk
(SEAL)
The motion for the adoption of the foregoing
resolution was duly seconded by Member and
upon vote being taken thereon, the following voted in
f
a
v
o
r
thereof:
and the following voted against the same:
I
whereupon the resolution was declared duly passed and a
d
o
p
t
e
d
.
To: Mayor & Council
From: John Frane
Date: July 15, 1983
RE: MIDB's Tri-Cor Properties - $1,600,000 - Resolution 83-173
George Welsh, Dennis Doyle and James Arbuckle intend to construct
a 17,000 square foot (net rentable) office facility N. E. of the
Suburban Bank Building. 9000 square feet will be leased to the
Welsh Companies and 8,000 square feet to other tenants. The
project could employ 75 persons; Welsh Companies would employ 40
persons. The bonds would be either a public offering secured by
a letter of credit or a private placement. Resolution 83-173 is
attached for your consideration.
b. Dennis Do y le, Partner
C. James Arbuckle, Partnek
Fat'
bITY OF EDEN PRAIRIE, MINNESOTA
Application for .
Industrial Development Bond Project Financin g
1. APPLICANT:
a. Business Name -
b. Business Address -
Tri-Cor Properties, a Minnesota General
Partnership consisting of George Welsh,
Dennis Doyle and James Arbuckle
.7200 Ohms Lane, Edina, Minnesota 55435
c. Business Form (corporation, partn e rship, sole propr i etor-
ship, etc.) - Partnership S
4.
".
U. State of Incorporation or or g anization Minnesota
e. Autho r i z ed Representative - Dennis bo y le •
f. Phone - 031-.8008
2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS:
a. George Welsh, Partner
3. GIVE BRIEF DESCRIPTION OF NATURE OF BU
S
I
N
E
S
S
,
P
R
I
N
C
I
P
A
L
PRODUCTS, ETC:
Real Estate Development and Construction
4. DESCRIPTIOg OF PROJECT
a. Location and intended use: Northeast In
t
e
r
s
e
c
t
i
o
n
o
f
S
c
h
o
o
n
e
r
B
l
v
d
.
and West 78th Street; 3-story office bui
l
d
i
n
g
t
o
b
e
o
c
c
u
p
i
e
d
b
y
Welsh Companies and other tenants.
b. Present ownership of project site: Par
t
n
e
r
s
h
i
p
c
o
n
s
i
s
t
4
g
o
f
James Fee and Brad Hepp; City of Eden Pr
a
i
r
i
e
.
.
•
c. Names and address of architect, engin
e
e
r
,
a
n
d
g
e
n
e
r
a
l
contractor:. Architect - The Design Partnership, Suit
e
9
0
0
,
.
15 South 5th St., Minneapolis, MN 55402
Contractor-Welsh Construction Corp., 720
0
O
h
m
s
L
a
n
e
,
Edina, MN 55435
4
• $ 250,000
1,320,000
-0-
50,000
.30 000
60,000
-0-
Contingencies
70,000
Loan Fees
20,000
Other -0- '
' Total
$ 1,800,000
*Beating and air conditioning should be
i
n
c
l
u
d
e
d
a
s
b
u
i
l
d
i
n
g
c
o
s
t
s
.
'Indicate the kind of equipment to be
a
c
q
u
i
r
e
d
h
e
r
e
.
•
ESTIMATED PROJECT COST FOR:
Land
Construction Contracts
Equipment Acquisition and installation
*
Architectural and Engineering
Legal
Intert durinr Cnnstruction
Bond Reserve
,!.
• 6. BOND ISSUE -
a. Amount of proposed bond issue - $1,600,000
b. 'Proposed date of sale of bond - July, 1983
c. Length of bond issue and proposed maturities - 30 year term,
with maturities to be determined
d. Proposed original purchaser of bonds— To be determined; Sale
to be either a private placement or .a public sale of bonds
secured by a letter of credit. . .
e. Name and address of suggested trustee - to be determined
f. Copy of any agreement between Applicant and original
purchaser - to be determined
g. Describe any interim financing sought or available -
. Construction 'financing to be determined .
h. Describe nature and amount of any permanent iinancing
in addition to bond financing - None .
7. BUSINESS PROFILE -
a. Are you located in the City of Eden Prairie? No
b. Number of employees in Eden Prairie?
i. Before this project: None
-3-:
ii. After this project? 75 employees in total project
(40 employees of Welsh Companiesl
c. Approximate annual sales — Welsh Companies average annual revenue:, •
is O0,000,000/year.
d. Length of time in business 5 years
in Eden Prairie 0 years
• e. Do you have plants in other locations? If so, where?
Welsh Companies present office is in Edina, Minnesota .‘.
f. Are you engaged in international trade? No
8. OTRER INDUSTRIAL DEVELOPMENT PROJECT(S):
a. List the -name(s) and location(s) of other industrial
development project(s) in which the Applicant is the
owner or 'a "substantial user" of the facilities or a
"releated person" within the meaning of Section 103(b)(6)
of the Internal Revenue Code.
None
a. .Detail the status of any request the Appli
c
a
n
t
h
a
s
b
e
f
o
r
e
any other city for industrial development
r
e
v
e
n
u
e
f
i
n
a
n
c
i
n
g
.
None
d: List any city in which the Applicant h
a
s
b
e
e
n
r
e
f
u
s
e
d
—industrial development revenue :financing. '
None
e. List any city (and the project name) wh
e
r
e
t
h
e
A
p
p
l
i
c
a
n
t
has acquired preliminary approval to 'proc
e
e
d
b
u
t
i
n
w
h
i
c
h
final approval authorizing the financing h
a
s
b
e
e
n
d
e
n
i
e
d
.
None
-5-
b. List all cities in which the Applicant has
r
e
q
u
e
s
t
e
d
industrial revenue development financing.
None
-• •
f. If Applicant has been denied indu
s
t
r
i
a
l
d
e
v
e
l
o
p
m
e
n
t
revenue financing in any other city as identified
in (d) or (e), specify the reason(s
)
f
o
r
t
h
e
d
e
n
i
a
l
and the name(s) of appropriate ci
t
y
o
f
f
i
c
i
a
l
s
w
h
o
have knowledge of the transaction
.
None
6 9. NAMES AND ADDRESS OF:
a t
Underwriter (If public offering)
'-
Dougherty, Dawkins, Strand & Yost I
n
c
o
r
p
o
r
a
t
e
d
,
i
f
a
p
u
b
l
i
c
sale of bonds secured by letter of
c
r
e
d
i
t
.
b. Private Placement Purchaser (If
private placement) -
•
To be determined if a private place
m
e
n
t
.
I. If lendLr.will not commit until
C
i
t
y
h
a
s
passed its preliminary resolutio
n
a
p
p
r
o
v
i
n
g
the project, submit a letter fro
m
p
r
o
p
o
s
e
d
lender that it has an .interest in the
offering Subject to appropriate
C
i
t
y
approval and approval of the Comm
i
s
s
i
o
n
e
r
of Securities. -
'.10. WHAT IS YOUR TARGET DATE FO
R
:
a. Construction start - July 15, 19
8
3
b. Construction completion - Decem
b
e
r
3
1
,
1
9
8
3
FOR. FURTHER INFORMATION CONTACT:
r Propeikies
b. Bond Counsel - Walter Perkins, O'C
o
n
n
o
r
&
H
a
n
n
a
n
,
3
8
0
0
I
D
S
c
e
n
t
.
.
Minneapolis, MN 55401
c. Corporate Counsel - Steve Davis,
4
1
1
4
I
D
S
C
e
n
t
e
r
Minneapolis, MN 55401
d. Accountant -
Melvin Harris, 5775 Wayzata Blvd.
.
St. Louis Park, MN 55416
The endezsigned Applicant unders
t
a
n
d
s
t
h
a
t
t
h
e
a
p
p
r
o
v
a
l
o
r
disapproval by the City of Eden
P
r
a
i
r
i
e
f
o
r
I
n
d
u
s
t
r
i
a
l
.
•
Development bond financing does
n
o
t
e
x
p
r
e
s
s
l
y
o
r
i
m
p
l
i
e
d
l
y
constitute any approval, varianc
e
,
o
r
w
a
i
v
e
r
o
f
a
n
y
p
r
o
v
i
s
i
o
n
or requirement relating to any
z
o
n
i
n
g
,
b
u
i
l
d
i
n
g
,
o
r
o
t
h
e
r
r
u
l
e
or ordinancb of the City of Ede
n
P
r
a
i
r
i
e
;
o
r
a
n
y
o
t
h
e
r
l
a
w
applicable to the property inclu
d
e
d
i
n
t
h
i
s
p
r
o
j
e
c
t
.
Date.
-7-
11. .ZONING - TO DE COMPLETED DY TRE CITY PLANNING DEPA
R
T
M
E
N
T
a. Property is zoned -
b. Present zoning (is) (is not) correct for the intended
use.
c. Zoning application received on
for which is correct for the
intended use.
Z..
d. Variances required -
City Planner
-8-
150
Member introduced ,the following resolu-
tion and moved its adoption:
RESOLUTION NO.
RESOLUTION GIVING PRELIMINARY APPROVAL TO A
PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVEL-
OPMENT ACT, REFERRING THE PROPOSAL TO THE
COMMISSIONER OF ENERGY, PLANNING AND DEVELOP-
MENT FOR APPROVAL AND AUTHORIZING PREPARATION
OF NECESSARY DOCUMENTS. -
BE IT RESOLVED by the City Council (the "Council") of
the City of Eden Prairie, Hennepin County, Minnesota (the
"City"), as follows:
1. It is hereby found, determined and declared as
follows:
1.1. The welfare of the State of Minnesota (the
"State") requires active promotion, attraction, en-
couragement and development of economically sound in-
dustry and commerce through governmental acts to pre-
,vent, so far as possible, emergence of blighted lands
and areas of chronic unemployment, and it is the policy
of the State to facilitate and encourage action by local
government units to prevent the economic deterioration
of such areas to the point where the process can be
reversed only by total redevelopment through the use of
local, state and federal funds derived from taxation,
with the attendant necessity of relocating displaced
persons and of duplicating public services in other
areas.
1.2. Technological change has caused a shift to a
significant degree in the area of opportunity for edu-
cated youth to processing, transporting, marketing,
service and other industries, and unless existing and
related industries are retained and new industries are
developed to use the available resources of the City, a
large part of the existing investment of the community
and of the State as a whole in educational and public
service facilities will be lost, and the movement of
talented, educated personnel of mature age to areas
where their services may be effectively used and com-
pensated and the lessening attraction of persons and
businesses from other areas for purposes of industry,
commerce and tourism will deprive the City and the State
of the economic and human resources needed as a base for
providing governmental services and facilities for the
remaining population.
-1-
1.3. The increase in the amount and cost of govern-
mental services requires the need for more intensive
development and use of land to provide an adequate tax
base to finance these costs.
1.4. Tri-Cor Properties, a Minnesota partnership
(the "Company"), has advised this City Council that it
desires to acquire land located at the northeast inter-
section of Schooner Boulevard and West 78th Street in
the City and acquire, construct and install a three-
story building thereon (the "Project") to be utilized as
an office building and related facilities to be owned by
the Company and leased to various tenants.
1.5. The existence of the Project in the City will
contribute to more intensive development and use of land
to increase the tax base of the City and overlapping
taxing authorities and maintain and provide for an in-
crease in opportunities for employment for residents of
the City.
1.6. The City has been advised that conventional,
commercial financing to pay the capital cost of the
Project is available at such costs of borrowing that the
'economic feasibility of operating the Project would be
significantly reduced, but that with the aid of munici-
pal financing and its resulting low borrowing cost the
Project is economically more feasible.
1.7. This Council has been advised by a representa-
tive of Dougherty, Dawkins, Strand & Yost, Inc., in
Minneapolis, Minnesota, investment bankers and dealers
in municipal bonds, that on the basis of information
submitted to them and their discussions with representa-
tives of the Company and potential buyers of tax-exempt
bonds, industrial development revenue bonds, notes or
other obligations of the City could be issued and sold
upon favorable rates and terms to finance the Project.
1.8. The City is authorized by Minnesota Statutes,
Chapter 474, to issue its revenue bonds, notes or other
obligations to finance the cost, in whole or in part, of
the acquisition, construction, reconstruction, improve-
ment, betterment or extension of capital projects con-
sisting of properties used and useful in connection with
a revenue producing enterprise, such as that of the
Company; the issuance of such bonds, notes or other
obligations by the City would be a substantial induce-
ment to the Company to construct its facility in the
City.
- 2 -
2. The notice of public hearing for the public hearing
held on this date was submitted for publication by John D.
Frane, the Finance Director-Clerk of the City, which action
was taken in accordance with the authority granted the
Finance Director-Clerk, and which action is hereby ratified
by the Council.
3. On the basis of information given the City to date,
it appears that it would be in the best interest of the City
to issue its commercial development revenue bonds, notes or
other obligations under the provisions of Minnesota Stat-
utes, Chapter 474, to finance the Project of the Company at
a cost presently estimated not to exceed $1,600,000.
4. The Project is hereby given preliminary approval by
the City and the issuance of bonds, notes or other obliga-
tions for such purpose and in such amount is hereby
approved, subject to approval of the Project by the Commis-
sioner of the Department of Energy and Economic Development
(the "Commissioner") and to the mutual agreement of this
body, the Company and the initial purchasers of the bonds,
notes or other obligations as to the details of the bond
issue and provisions for their payment. In all events, it is
understood, however, that the bonds, notes or other obliga-
tions of the City shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the
City except its interest in the Project, and each bond, note
or other obligation when, as and if issued shall recite in
substance that the bond, note or other obligation, including
interest thereon, is payable solely from the revenues re-
ceived from the Project and property pledged to the payment
thereof and shall not constitute a debt of the City.
5. In accordance with Minnesota Statutes, Section
474.01, Subdivision 7a, the Mayor is hereby authorized and
directed to submit the proposal for the Project to the Com-
missioner for approval of the Project. The Mayor, the
Finance Director-Clerk, the City Attorney and other
officers, employees and agents of the City are hereby autho-
rized to provide the Commissioner with any preliminary in-
formation needed for this purpose, and the City Attorney is
authorized to initiate and assist in the preparation of such
documents as may be appropriate to the Project, if it is
approved by the Commissioner.
6. The Company has agreed to pay
the City any and all costs incurred by
Lion with the Project, whether or not
proved by the Commissioner, whether or
carried to completion and whether or not
other obligations or the operative
thereto are executed.
- 3 -
ho,
directly or through
the City in connec-
the Project is ap-
not the Project is
the bonds, notes or
documents relating
7. The adoption of this resolutign. by the Council does
not constitute a guarantee or a firm commitment that the
City will issue the bonds, notes or other obligations as
requested by the Company. The City retains the right in its
sole discretion to withdraw from participation and accord-
ingly not issue the bonds, notes or other obligations should
the City at any time prior to the issuance thereof determine
that it is in the best interest of the City not to issue the
bonds, notes or other obligations or should the parties to
the transaction be unable to reach agreement as to the terms
and conditions of any of the docOments required for the
transaction.
8. All commitments of the City expressed herein are
subject to the condition that within twelve (12) months of
the date of adoption of this resolution, the City and the
Company shall have agreed to mutually acceptable terms and
conditions of the revenue agreement, the bonds, notes or
other obligations and of the other instruments and proceed-
ings relating thereto and to the issuance and sale of the
bonds, notes or other obligations. If-the events set forth
herein do not take place within the time set forth above, or
any extension thereof, and the bonds, notes or other obliga-
tions are not sold within such time, this resolution shall
expire and be of no further effect.
Mayor
Attest:
Finance Director-Clerk
- 4 -
MY 19,1983
iLsol VOID OUT CHECK
8487 PHOTO QUICK
8488 BEAVER MOUNTIN WATER SLIDE
8489 HOPKINS POSTMASTER
8490 LIGHTING TRUCKING
8491 TWIN CITY WINE CO
8492 PRIOR WINE CO
8493 OLD PEORIA COMPANY INC
8494 ED PHILLIPS & SONS CO
8495 JOHNSON BROTHERS WHOLESALE
8496 EAGLE WINE CO
8497 INTERCONTINENTAL PACKAGING
8498 GRIGGS COOPER & CO INC
8499 STATE OF MINNESOTA
8500 MINNESOTA ASSOC OF URBAN
8501 TOMAHAWK LINE TRAP CO
8502 ANNETTE BEACH
8503 DAN COROT
8504 THERESA JENSEN
8505 EILEEN KLEVANN
8505 SALLY PALLANSCH
8507 PAUL PUFAHL
8508 PAM RASSMUSSEN
P"9 LAURA ROLLAND
JOAN SAXTON
C.11 CAROL SMITH
8512 MABEL WEISSNER
6513 JACKIE YOUNG
8514 TRAVIS KUSKE
8515 JASON GUST
8516 JIM EVENSON
8517 1 J MEEHAN
8518 ANDY PAUPORE
8519 JILL PRINK
8520 NAOMI LAMONT
8521 NICOLE DIETZ
8522 JENNIFER SCHEPPMANN
8523 JENNIFER KENYON
8524 SHOW BIZ PIZZA
8525 NEW HOPE DISTRIBUTION CTR
8526 SANDY WERTS
8527 HENNEPIN COUNTY TREASURER
8528 DANNY CARLSON
8529 KIP HAMILTON
8530 KEVIN KOHL
8531 JAMES MU ER
W2 KAREN MTOLSNESS
8533 KRISII SCHULTZ
( '1 5UP7LEES 1 HI ENTERPRISES
\ . NO=N LT0
cOvEKnJJ TRAINING SERVICE
8537 DANA GINS
V,V18 wALTLR S CARPENTER
SHIKUL CREEK SIRING BAND
8540 KAREN SMITH
FILM PROCESSING-COMMUNITY SERVICES
SUMMER PROGRAMS/FEES PAID
POSTAGE-UTILITY BILLS
FREIGHT CHARGES-LIQUOR STORES
WINE
WINE
LIQUOR
LIQUOR
WINE
WINE
WINE
LIQUOR
BIKE REGISTRATIONS
CONFERENCE-CITY MANAGER
ANIMAL TRAPS
REFUND-EXERCISE CLASSES
REFUND-SOCCER
REFUND-ETCHING & SKETCHING CLASSES
REFUND-SPECIAL INTEREST CLASSES
REFUND-EXERCISE CLASSES
REFUND-SOCCER
REFUND-PUPPERTRY
REFUND-CREATIVE DRAMATICS
REFUND ON DEPOSIT FOR ROUND LAKE PARK
REFUND-TENNIS
REFUND-DOG OBEDIENCE
REFUND-CREATIVE DRAMATICS
REFUND-ALPINE SLIDE PICNIC
REFUND-ALPINE SLIDE PICNIC
REFUND-ALPINE SLIDE PICNIC
REFUND-ALPINE SLIDE PICNIC
REFUND-ALPINE SLIDE PICNIC
REFUND-ALPINE SLIDE PICNIC
REFUND-ALPINE SLIDE PICNIC
REFUND-ALPINE SLIDE PICNIC
REFUND-ALP1NE SLIDE PICNIC
REFUND-ALPINE SLIDE PICNIC
.TEEN WORK PROGRAM EXPENSES
SUPPLIES-CONCESSION STAND-ROUND LAKE
EXPENSES-PLAYGROUND PROGRAM
FEE-NOTARY
REFUND-ALPINE SLIDE PICNIC
REFUND-ALPINE SLIDE PICNIC
REFUND-ALPINE SIIDE PICNIC
REFUND-ALPINE SLIDE PICNIC
REFUND-ALPINE SLIDE PICNIC
REFUND-ALP1NE SLIDE PICNIC
JULY RENT-LIU= STORE
JULY RENT-LIWOR STORE
CONEERENCE-PLARNING DEPT
PACKET DELIVERY
EASEMENT.PRAIRIE CENTER DRIVE
CONCENT-COUN1TY SERVICES
RLEUND..EXERCISL CLASSES
10850.00-
6.58
396.00
172.25
120.60
527.15
1150,73
2042.27
6028.34
4808.31
786.25
1340.03
2571.92
21.00
25.00
166.20
25.00
6.00
12.00
10.00
25.00
6.00
14.00
9.00
45.00
18.00
17.00
9.00
8.50
17.00
17.00
8.50
8.50
8. So
8.50
8.50
17.00
25.50
101.6'1
PARK • 96.E:r.;
5.00
8.50
8.50
17.00
17.0a
8.50
17.00
4358.5?
2637.p
20.0
10850.!;:.
LIGHTNING TRUCKING FREIGHT CHARGES-LIQUOR STORES 28.20
JOHNSON BROTHERS WHOLESALE LIQUOR 1405.50
ED PHILLIPS & SONS CO LIQUOR ., - 4957.83
TWIN CITY WINE CO WINE 1156.23
GRIGGS COOPER & CO INC LIQUOR 2838.20
INTERCONTINENTAL PACKAGING WINE 459.14
EAGLE WINE CO WINE 362.15
CAPITOL CITY DISTRIBUTING WINE 519.55
MARK VII SALES INC WINE 539.6$
OLD PEORIA COMPANY INC WINE 751.61
MARY ENDORF REFUND-EXERCISE CLASSES 35.00
KAREN MJOLSNESS REFUND-ALPINE -SLIDE PICNIC 8.50
MENARDS LUMBER-PARK MAINTENANCE 42.11
FEDERAL RESERVE BANK PAYROLL 7/8/83 16220.32
COMMISSIONER OF REVENUE PAYROLL 7/8/83 9054.04
AETNA LIFE INSURANCE PAYROLL 7/8/83 108.00
MINNESOTA STATE RETIREMENT PAYROLL 7/8/83 65.00
GREAT WEST LIFE ASSURANCE PAYROLL 7/8/83 2782.00
UNITED WAY OF MINNEAPOLIS PAYROLL 7/8/83 71.50
INTERNATIONAL UNION OF OPERATING JULY DUES 532.00
PERA PAYROLL 7/8/83 14486.76
PETTY CASH EXPENSES 65.11
BEER WHOLESALERS INC BEER 9636.10
CAPITOL CITY DISTRIBUTING CO BEER 49.80
CITY CLUB DISTRIBUTING CO BEER 5893.01
COCA COLA BOTTLING CO MIXES 840.00
DAY DISTRIBUTING CO BEER 6039.58
EAST SIDE BEVERAGE CO BEER 12954.06
KIRSCH DISTRIBUTING CO BEER 407.97
A J OGLE CO INC BEER 1389.65
PEPSI COLA/7 UP BOTTLING CO MIXES 688.83
ROYAL CROWN BEVERAGE CO MIXES 195.03
DANNY CARLSON REFUND-OMNI THEATRE 5.50
ANDY PAUPORE REFUND-OMNI THEATRE 5.50
I J MECHAN REFUND-OMNI THEATRE 5.50
THORPE DISTRIBUTING CO BEER 12619.39
ARKAY CONSTRUCTION COMPANY SERVICE-P/S & P/W BUILDING 124916.50
SARBAROSSA A SONS SERVICE-CITY WEST PARKWAY • 8802.11
1ST ST DK OF SPRING LAKE PARK SERVICE-EDENVALE BOULEVARD 51593.0R
RICHARD KNUTSON INC SERVICE-VALLEY VIEW ROAD/PRAIRIE CTR DRIVE 129197.35
RICHARD KNUTSON INC SERVICE-ARBOR GLEN UTILITY 105615.8!
MINRKOTA EXCAVATING INC SERVICE-CARDINAL CREEK 380 ADDITION 54888.9T
NORTHDALE CONSTRUCTION CO SERVICE-PRAIRIE CENTER DRIVE 171911.3 ;
NORTHDALE CONSTRUCTION CO SERVICE-WESTWOOD INDUSTRIAL PARK 25890.05
0 & P CONTRACTING INC SERVICE-MITCHUL LAKE ESTATES 2ND ADDN 12395.85
0 & P CONTRACTING INC SERVICE-AUTUMN WOODS ADDITION 8539.71
ORFEI A SONS INC SERVICE-LORENCE 1ST & 2ND ADDITIONS 88493.2i
PROGRESSIVE CONTRACTORS INC SERVICE-TECHNOLOGY DRIVE A MITCHELL ROAD 53489.3i,
SHAFER CONTRACTING COMPANY INC SERVICE-PRAIRIE CENTER DRIVE 183064.8)
ACRO-MINNESOTA INC OFFICE SUPPLIES 541.5:
ALCCIIOL COUNTERMEASURE SYSTEMS IN 20 MOUTHPIECES-POLICE DEPT 57.0 ,.)
ALOY GRAPHIC SUPPLY INC OFFICE SUPPLIES-PARK PLANNING 11.25
r:ILrif;A:1 LIN85 SUPPLY CO MOPSIDUSIERS-LIQUOR SLOPE 8.85
Ar,,..Kicro4 NATIONAL BANK SERVICE 30.1
8541
8542
8545
8546
8547
8548
8549
8550
8551
8552
8553
8554
8555
8556
8557
8558
8559
8560
8561
8552
8563
8564
8555
8566
867
8:00
8570
8571
8572
8573
8574
8575
8576
8577
8578
8519
8580
8581
8552
8883
5584
8585
8588
888•
6:);8
;15:'0
'6590
1)2886583
8622
8623
8624
8625
8626
8527
8628
8629
8630
8631
863?
8623
8634
8535
8636
8637
6638
8539
8611
( .2
. 43
8644
8595 AMERICAN PLANNING ASSOCIATION
AMERICAN WATER WORKS ASSOC
EARL F ANDERSEN & ASSOCIATES INC
8598 ALLEN ARTHUR INC
8599 ASSOCIATED ASPHALT INC
8600 BERGHORST PLUMBING
8601 CITY OF BLOOMINGTON
8602 BRAUN ENGINEERING TESTING INC
8603 BRO-TEX INC
8604 BROCK WHITE COMPANY
8605 UNSAY BROWN
8606 BRYAN ROCK PRODUCTS INC
8607 BUTCHS BAR SUPPLY
8608 CARE
8609 STEPHEN CARLSEN
8610 JUSTIN CHADWICK
8611 CHANHASSEN BUMPER TO BUMPER
8512 CHEMLAWN
8613 CLUTCH & U-JOINT BURNSVILLE INC
8614 COPY EQUIPMENT INC
8615 COPRORATE RISK MANAGERS INC
8616 COUNTRY CLUB MARKET INC
8617 CROWN RUBBER STAMP CO
DIANE CULP
( )
CUTLER-MASHER COMPANY
8620 WARD F DAHLBERG
8621 DALCO
EUGENE A DIETZ
DANELS STUDIO
DIRECTOR OR PROPERTY TAXATION
DOLEJS ASSOCIATES INC
DONOHUE ENGINEERS & ARCHITECTS
DORHOLT PRINTING/STATIONERY INC
DOYLE LOCK CO
STEVE DURHAM
EDEN PRAIRIE CHAMBER OF COMMERCE
EDEN PRAIRIE FIRE DEPARTMENT
EDEN PRAIRIE TRASHTRONICS
ELK RIVER CONCRETE PRODUCTS
JEFFREY ELVELL
UERGENCY SERVICE SYSTEMS INC
ENERGY-SAVING PRODUCTS
NATHAN ERGER
DOUG EPSTEIN
ESS HOMERS & SONS INC
CASK PAPER CUM4'ANY
rmus STEEL CO
51)-RI TI. CONTROLS INC
FIRL INN RUcTORS ASSN OF MN
FI1NESS STORE
DUES-PLANNING DEPT
FILM RENTAL-WATER DEPT
STREET SIGNS & POSTS
REFUND DEPOSIT FOR STARING LAKE PARK
BLACKTOP
REFUND-FIRE HYDRANT DEPOSIT
MAY IMPOUND SERVICE
SERVICE-VALLEY VIEW ROAD/P/S & P/W BLDG
TOWELS-P/W BUILDING
CONCRETE SEALER-P/S & P/W BUILDING
REFUND-SKATING.
ROCK
SUPPLIES-LIQUOR STORES
CONCERT-COMMUNITY SERVICES
REFUND-SWIMMING
REFUND-SKATING
-GAS FILTER/EXHAUST/DISTRIBUTOR CAP/SPARK
-PLUGS/GREASE GUN/OIL FILTER/BRAKE PISTON/
-PLUG WIRES/SPARK PLUGS/U-JOINT/PIPE
CUTTER/MANUAL/BATTERY/HOSES/FAN BELTS
LAWN TREATMENT-CITY HALL/FIRE DEPT
3 POWER TAKE OFF SHAFTS/HOSES
PAINT/TAPE/SURVEY REPAIR PARTS-ENG DEPT
PROFESSIONAL SERVICES
SUPPLIES-CITY HALL
DESK SIGNS.
REFUND-HYDROSTATIC WEIGHING
QUICKLIME-WATER DEPT
JULY EXPENSES.
-TOWELS/CLEANER/MOPHEADS/VACUUM/CORNER
GUARDS/PLASTIC BAGS
JUNE EXPENSES
PUBLIC SAFETY PICTURES
PROPERTY TAXES
SERVICE-AIR CONDITIONING FOR C/C
SERVICE-B F I
OFFICE SUPPLIES-WATER & POLICE DEPT
KEYS-POLICE DEPT
MILEAGE
DUES
EXPENSES-FIRE DEPT
JUNE TRASH PICKUP
GUARDS-STREET DEPT
MILEAGE
SWITCHING SYSTEM-POLICE DEPT
1 INDUSTRIAL FAN-POLICE DEPT
REFUND-SKATING
SOFTBALL OFFICIAL/FEES PAID
SEWER COVER-STREET DEPT
NAPKINS/CUPS-CONCESSION STAND
IRON-PARK MAINTENANCE
SULFATE-WATER DEPT
FIRE TEXT BOOKS
PHYSICAL FITNESS EQUIPMENT-POLICE DEPT
15.80
45.0 1
20.00
897.7e
69.17
345.07
1464.70
140.4",
680. C)
2696.8;
244.3 7
150.C2
19.03
12.03
864.52
431.20
422.68
71.20
1217. C)
47.92
20.13
5.C?
3524.4?
100. C.)
772.9:
164.00
428.?1
697.32
940.E:
1667.25
1738.7,1
38.87
• 3.5:7
10.00
105.47,
390.CJ
115.2
9.7 1.
1664.0.7
125.C.
7.5 ,
155.00
80.0 ,
206 1.
64.!
3502.0 n
54.(
1039.0
2971943
•
26.(' I
192.0
20.0 '
108.8 ,
72.6
911.(
92.0
21.0 .
4981.t
2268.".
2759.(
12.,
28.'
26.(
30.t
120.t
42.
4110.,
631.,
22.,
79.
155.
1920.
15I.'
31.25
16.0 6
154.95
83.52
312.5?
188.16
107.03
29.20
360.00
203.E?
45.(k
88.0/
43.16
1155.0
3343.26
30.00
21.75
12.0
3803.61
8665 CHRISTINE KASPER
8666 TOM KEEFE
8667 KING CONCEPT
8568 KOHLER MIX SPECIALTIES
6669 KRAEMERS HOME CENTER
8670 LAKESIDE FUSEE CORPORATION
8671 M E LANE INC
8672 RYAN LARGAY
8573 LEAGUE OF MINNESOTA CITIES
8574 LOGIS
8675 LONG LAKE FORD TRACTOR INC
8676 SO LYN LYE
8677 GAIL MACH
11618 MARKS EDEN PRAIRIE STANDARD
8578 MATTS AUTO SERVICE INC
8630 MCFARIANCS INC
158I MEDICAL OXYGEN A EQUIPMENT CO
853? MIDLAND PRODUCTS COMPANY
8633 nImsi ASPHALT CORPORATION
6684 MINNEAPOLIS AREA CHAPTER
/ MINNEUOLIS STAR A TRIBUNE CO
MINNft1SLO
MINNC!:01A NECRATION & PARK ASSOC
8668 nirasoTA 1101(0 INC
MILEAGE
REFUND-BUILDING uu
JUNE EXPENSES '
TOWELS/MOPS/JACKETS
RADIO PARTS & REPAIRS
PAINT -
SERVICE-COMMUNITY CENTER
SOD/BLACK DIRT
SERVICE-KOPESKY & METRO CONTRACTING
RADIO REPAIR
BOLTS/LATHS-PARK MAINTENANCE
SERVICE
VENT LINE TUBES-)111
FILTERS/HOSES
GRADING-WILLOWOOD PARK
JUNE SERVICE-P/S & P/W BUILDING
REFUND-BUILDING DEPT
REFUND-MEMBERSHIP FEE
LUMBER-PARK MAINTENANCE
-CORKS/CONCRETE/GAS CANS/INSECT SPRAY/
-PLASTIC BAGS/WASTEBASKET/KEYS/44 FT CHAIN
-SHEARS/EXTENSION CORD/PAINT TRAYS/TROWEL/
-PAINT BRUSHES/SCREWS/HINGE/D-CON/LIGHT
-BULBS/SHELF BRACKETS/LEVEL/SQUARE/TOWELS/
-SWEEPER/MITRE SAN/SCREWDRIVER/STAPLE GUN/
-HAMMER/RAKE/WRENCH/PUBLIC SAFETY KITCHEN
-SUPPLIES/BOLT CUTTER/BATTERY/CAR MATS/
-TAPE/ROPE/MAGNETS/DUSTPAN/ECOLOGIZER/
4 BAGS TURF BUILDER/DRILL SET
REFUND-SKATING
SOFTBALL OFFICIAL/FEES PAID
REFUND DEPOSIT FOR STARING LAKE SHELTER
CONCESSION STAND SUPPLIES-ROUND LAKE PARK
-PAINT/VALVE/OUTLET/CRUTCH TIPS-NOT
AVAILABLE AT LOCAL HARDWARE STORE
FLARES-POLICE DEPT
INSURANCE
REFUND-SWIMMING
DUES
JUNE SERVICE
MOWER-PARK MAINTENANCE
REFUND-SKATING
REFUND-SWIMMING
GAS/TIRE REPAIR
TOWING SERVICE
CONCRETE-MATER DEPT
OXYGEN-FIRE DEPT
CONCESSION STAND SUPPLIES-C/C & ROUND LAKE
BLACKTOP
BOOKS A FILM RENTAL-COMMUNITY CENTER
rnPomu AO-BUILDING DEPT
SERVICE
SOMALL REGISTRMIONS/FEES PAID
GLAR CASE-PARK MAiNTENANCE .
8545 JAN FLYNN
FRANCIS CONSTRUCTION
JOHN FRANE
8648 G & K SERVICES
8649 GENERAL COMMUNICATIONS INC
8550 GLIDDEN PAINT
8651 GOPHER HEATING & SHEET METAL INC
8652 DALE GREEN CO
8653 HARVEY THORFINNSON & SCOGGIN PA
8654 SHERIFFS DEPARTGENT-HENNEPIN COON
8655 HENNEPIN COUNTRY TREASURER
8656 0 C HEY COMPANY INC
8657 HOLMSTEN ICE RINKS INC
8658 HOKINS PARTS CO
8659 INGRAM EXCAVATING
8660 INTERDESIGN
8661 ED JORGENSON
8662 LYNNETT JORGENSON
8663 JUSTUS LUMBER COMPANY
8664 KARULF HARDWARE INC
2525/43
TREES-WATER DEPT 444.00
8 TIRES/WHEEL ALIGNMENT/REPAIR FLAT TIRE 308.23
PAINT-WATER DEPT 419.50
REFUND-WATER EXERCISE 12.00
SERVICE 7715.00
SERVICE 3772.67
STEEL WEDGES-FORESTRY DEPT 120.00
TRAFFIC COMES-WATER DEPT 108.00
SUPPLIES-POLICE 6.31
SAND 627,77
POP-COMMUNITY CENTER/ROUND LAKE PARK 140.00
SOFTBALL OFFICIAL/FEES PAID 287.25
MILEAGE 18.25
REPAIR AIR CONDITIONING-LIQUOR STORE 81.73
MAPS-PLANNING DEPT 140.00
OFFICE SUPPLIES-COMMUNITY CENTER 47.75
TROPHIES-RECREATION DEPT 170.00
12 FLUORESCENT LAMPS-COMMUNITY CENTER 92.00
REFUND-SWIMMING 6.36
SHARPEN ZAMBONI MACHINE BLADES-C/C 274.14
RAILS-PARK MAINTENANCE • 100.00
-SERVICE-WESTWOOD INDUSTRIAL PARK/HOMEWARD 35397.12
-HILLS ROAD/ARBON GLEN/CARDINAL CREEK/
LAVONNE INDUSTRIAL PARK/PRAIRIE CENTER DR
SULFATE-PARK MAINTENANCE 550.00
DOG COLLAR-POLICE DEPT 4.50
LUMBER-PARK MAINTENANCE 670.80
MILEAGE 2.25
EXPENSES 10.00
REFUND-BABY CLASSES 20.00
FIREMAN CALLS 314.08
SOFTBALL OFFICIAL/FEES PAID 180.00
-WINDOW AIR CONDITIONER-CITY HALL/SMALL 866.96
TOOLS-FIRE DEPT
SHOE BRUSHES-POLICE DEPT 19.00
MARKER BOARD-POLICE DEPT
-FUEL/AIR FILTER/SPARK PLUG WIRES/BELT/ 1181S.8
-HOSE CLAMP /CAR WAX/WASHER FLUID/OIL
FILTERS/WATER PUMP /BATTERY
REFUND-S!cATING 46.0
BUSINESS CARDS/FORMS-POLICE DEPT 85.07
CONCERT FEE-COMMUNITY SERVICES 200.0
LEGAL ADS 522.78
'ADS-LIQUOR STORES
LICENSE FEE-COMMUNITY CENTER 15.0
SOFTBALL OFFICIAL/FEES PAID 15.8
SERVICE-RESEARCH ROAD 50.0..
SUPPLIES-LIQUOR STORES 6.(0'
NOTEBOORS-SUMMFR RECREATION PROGRAMS 92.-h
KROY 'TAPE-COmmiNITY SERVICES-POLICE DEPT 180.(Jfl
CONCERT-COmUNITY SERVICES
CONCERT-COMMuNilY SERVICES 17j,'
-HATS/SHIRTSMOGES/LIGHT/SPEAKER/2 SIRENS 4349.0
BATTERY
3589 MINNESOTA TREE INC
or MODERN TIRE CO
86,4 R E MoONEY & ASSOCIATES INC
8692 CORINNE MORRIS
8693 NORTHERN STATES POWER COMPANY
8594 NORTHWESTERN BELL TELEPHONE CO
8695 PAPER CALMENSON & CO
8696 PATCO COMPANY
8697 DANA PEARSON
8698 W G PEARSON INC
8699 PEPSI COLA BOTTLING CO
8700 PATRICK PERZ
8701 CONNIE PETERS
8702 PFIFFNER HEATING & AIR CONDITIONI
8703 PHOTOS INC
8704 PITNEY BOWES
8705 POMMER MEG CO INC
8706 PRAIRIE ELECTRIC COMPANY INC
8707 MATT PUPAS
8708 R & R SPECIALTIES INC
8709 RAILROAD SERVICE
8710 RIEKE-CARROLL-MULLER ASSOCIATES I
8711 LAKE RILEY ASSOCIATION
8 7 12 ROBBINSDALE FARM PET SUPPLY INC
ST REGIS CORPORATION
274 JULIE SAGER
8715 WAYNE R SANDERS
8716 KRIS SCHAITBERGER
8717 JOHN SCHEIDERICH
3718 LARRY M SCHOCH
8719 SEARS ROEBUCK & CO
8720 SHOE CARE REPAIR
8721 W 8 NEAL SLATE CO
8722 W GORDON SMITH CO
8723 MICHELL SMITHSON
8724
SON or A PRINTER INC
8725
FIRST JOHN PHILIP SOUSA
8726
SOUTHWEST SUBURBAN PUBLISHING INC
1;177
SOUTHWEST SUBURBAN PUBLISHING INC
8/23 STATE OF MINNESOTA
8729 RUNTY STUMLER
8730
SuLLIVANS SERVICES INC
8731
SUPPLEE ENTERPRISES INC
8732 TARGET STORES
8133
TIERNEY BROTHERS INC
1'1 34 TRUSTEE MPTF
TWIN CITIES MOsicIANS UNION
8/36 UN II UNLIMITED
6037856
VALLEY INDUSTRIAL PROPANE INC
0, VAN PAPER COMPANY
8739 VAN WATER & ROGERS
8740 WATER PRODUCTS COMPANY
8741 AMY WATERS
8742 WEAVER ELECTRIC CO INC
8743 PAUL WEIGENANT
8744 XEROX CORPORATION
8745 YOU AND ME BABY
8746 JIM ZAIC
8747 ZIEGLER TIRE SERVICE
8748 0 CONNOR & HANNAN
8749 GROUP HEALTH PLAN INC
8750 MEDCENTER HEALTH PLAN
8751 PHYSICINAS HEALTH PLAN OF MINNESO
8752 BLUE CROSS & BLUE SHIELD OF MN
8753 WESTERN LIFE INSURANCE COMPANY
2261423
GAS CYLINDERS-COMMUNITY CENTER
SUPPLIES-COMMUNITY, CENTER
CHLORINE-WATER DEPT
-WIRES/VALVE BOX REPAIRS/FIRE HYDRANT
REPAIR PARTS
REFUND-SWIMMING
SCAFFOLDING-COMMUNITY CENTER
SOFTBALL OFFICIAL/FEES PAID
SERVICE
BOOKS-COMMUNITY CENTER
EXPENSES-BUILDING DEPT
TIRE-STREET DEPT
LEGAL SERVICE
INSURANCE
INSURANCE
INSURANCE
INSURANCE
INSURANCE
218.8!
350.05
457.05
1228.22
34.00
840.9";
180.0)
90.51
9.0D
3535.1::
1872.0:
3275.6')
8981.8:
817.91
616.46
$1292739.45
dog
July 19, 1983
Cash Disbursements by Fund Number
.0 -
116836.90
4713.00
53092.21
38349.59
1155.00
5235.79
130300.11
30.15
368697.42
53489.36
11417.80
437.88
129.45
508854.79
10 GENERAL
11 CERTIFICATE OF INDEBTEDNE
15 LIQUOR STORE P V M
17 LIQUOR STORE PRESERVE
31 PARK AEQUISTION & DEVELOP
33 UTILITY BOND FUND
36 P/S & P/W BUILDING BOND
44 . UTILITY DEBT FUND
51 IMPROVEMENT CONSTRUCTION
57 ROAD IMPROVE CUNST FUND
73 WATER FUND
77 SEWER FUND
81 TRUST & ESCROW FUND
90 TAX INCREMENT
- $1292739.45
-
E. TARGET. Request for Site Plan Review for Retail Service
Use. Location: East of Highway 4169, North of Prairie
Center Drive. A public meeting.
Representatives of Homart, Eden Prairie Center owners, Target,
proponents, Suburban Engineering, proponents engineers, and
proponent's architects were present to review the request with the
Commission. Joe Linnae, Homart Devlopment Corporation, stated that
the center would like to open the Target store in October, 1984.
Dale Hamilton, Suburban Engineering, proponent's engineers, stated
that the stacking distance to the entry of the Center from Highway
#169 would be increased with the development of the project in order
to alleviate traffic problems.
Bert Schacter, Target architect, asked for consideration of the
proposed limestone base aggregate for an exterior finish, as opposed
to brick, as requested among the Staff Report conditions. Mr.
Schacter also addressed screening of the mechanical units shown on
the top of the structure. He pointed out that, due to the mass of
the structure, as well as its elevation, and the location of the
mechanical units in the center of the structure, it would be
difficult to see the mechanical units from any elevation from a road
or differing land use.
Mr. Schacter then discussed the screening of the tire, battery, and
accessory area (TEA), the garden center, and the truck docking area,
all of which faced the Highway #169 frontage of the property. He
showed pictures of other Target stores and the treatment of those
areas at the other locations. Mr. Schacter pointed out that
visibility of these areas was important to the Target stores in
III
Planning Commission Minutes 8 June 27, 1983
order to promote retail business of these services.
It was pointed out that the skywalk proposed between Tar
g
e
t
a
n
d
t
h
e
remainder of the Center was to be the responsibility of
t
h
e
H
o
m
a
r
t
Development corporation.
Hallett asked if there were any guidelines in the City C
o
d
e
d
e
a
l
i
n
g
with skywalks. Staff responded that there were not.
Planning Staff expressed concern for the lack of scree
n
i
n
g
o
f
t
h
e
TBA area. Based on standards of the landscape ordi
n
a
n
c
e
,
a
n
d
standards set by the Eden Prairie Center with thei
r
e
x
i
s
t
i
n
g
buildings and landscaping, the proposed plan was cons
i
d
e
r
e
d
t
o
b
e
inadequate. Staff also expressed concern for othe
r
s
i
t
e
p
l
a
n
features, including: 1) the building "turning its b
a
c
k
'
t
o
t
h
e
parking area to the south; 2) the lack of plantin
g
/
s
c
r
e
e
n
i
n
g
material in front of the building; 3) consistency of
t
h
e
e
x
t
e
r
i
o
r
materials with those of the existing buildings of the
C
e
n
t
e
r
;
4
)
pedestrian access to the property from the west side
o
f
H
i
g
h
w
a
y
#169; 5) adequacy of parking lot and pedestrian lig
h
t
i
n
g
o
n
t
h
e
site.
Gartner asked how the building was connected to the Cen
t
e
r
m
a
l
l
.
I
t
was explained that there was an 80 ft. separation betwe
e
n
t
h
e
T
a
r
g
e
t
building and the remainder of the mall, which would b
e
s
p
a
n
n
e
d
b
y
•
skywalk at the upper level of the mall.
Torjesen stated that he was concerned that this
b
u
i
l
d
i
n
g
b
e
especially well designed and well landscaped and scre
e
n
e
d
s
i
n
c
e
i
t
was located in such a visible location within the Ci
t
y
a
n
d
w
i
t
h
i
n
the Eden Prairie Center.
Torjesen questioned the concept of a one-story building
i
n
t
y
p
i
c
a
l
l
y
two-story shopping malls. Mr. Linnae stated that the
i
d
e
a
s
o
f
t
w
o
-
story malls had changed. Merchandising of the type d
o
n
e
b
y
T
a
r
g
e
t
had been proven successful in other parts of the coun
t
r
y
r
e
c
e
n
t
l
y
.
Mr. Hamilton, proponent's engineer, stated that it woul
d
c
o
s
t
n
e
a
r
l
y
triple the amount of the grading to include a basemen
t
u
n
d
e
r
t
h
e
existing Target store.
Chairman Bearman stated that he agreed with the need f
o
r
s
c
r
e
e
n
i
n
g
of the 1BA area, truck dock, and garden center. Hallett
s
t
a
t
e
d
t
h
a
t
he agreed, also.
Hallett added that he felt strongly that pedestrian link
s
b
e
m
a
d
e
t
o
access the Center in the best possible manner.
Torjesen stated that he felt the existing landscapin
g
a
r
o
u
n
d
t
h
e
Eden Prairie Center would be a good indication of t
h
e
l
e
v
e
l
o
f
landscaping and screening expected for the Target store.
Chairman Bearman stated that he felt brick would. be an important
factor to maintain the consistency of appearance and
t
r
e
a
t
m
e
n
t
o
f
the exteriors of the mall buildings.
r)).
Planning Commission Minutes
9 June 27, 1983
Johannes stated that he felt the IBA area, truck dock, and garden
center needed more landscaping and screening than proposed by
proponent. He suggested that proponents work with Staff to create a
plan that would be more appropriate and representative of the
Center.
Dick Brooks, Target, stated that he was concerned that these areas
not be "double screened," or screened both at the street and at the
building. The Commission concurred that this would ' not be
necessary, but that one form of adequate screening, representative
of the existing landscaping and screening of the Center, would be
required.
In further discussion of the landscaping and screening which existed
in the Center, and which was expected of the additional uses of the
Center, it was pointed out that the Sears TBA had perhaps set a
precedent for screening of such areas by the manner in which they
had screened this use from vision. Their screening consisted of a
"half-wall" tall enough to block vehicles from view of the public.
Also, Sears had used a similar method of screening their truck dock
area, building a wall tall enough to block trucks from view of the
public, but still providing adequate access and maneuvering space
for their needs. Staff showed slides of other garden centers at
other metropolitan Target stores which had used a similar screening
device for this use, as well.
Johannes stated that his main concern was the sight lines from
Highway #169 from this area.
It was the consensus of the Commission that the site construction
could proceed, but that the landscaping and screening should return
to the Commission for further review. Commissioners reviewed the
Staff recommended conditions of approval with the proponents,
pointing out their concerns for various items as follows:
Regarding a brick exterior--the Commissioners generally
preferred brick as an exterior material, but were willing to
consider other materials upon presentation by the proponent.
Regarding screening of the mechanical equipment--the
Commissioners asked for additional sight line cross sections
from proponent, showing that the mechanical equipment was
not visible from any direction.
Regarding landscaping and screening of the Target store--the
Commissioners agreed that this was the single most important
item (covered by recommendations 3, 4, 5, and 6 of the Staff
Report) to be dealt with at the next meeting by proponent.
More information and stronger treatment, more consistent
with the existing Eden Prairie Center landscaping and
screening treatment, was necessary, especially due to the
fact that the store would be so visible from Highway #169.
•
Commissioners concurred that it would be up to proponent to
prove that "double screening" would not be necessary along
1?)
10 Planning Commission Minutes June 27, 1983
the road and at the building.
Regarding storage of the carts--the Commissioners concurred
that the methods discussed and proposed by proponent were
adequate.
Regarding the pedestrian access--the Commissioners concurred
that it was most important that adequate access be provided
for crossing of Highway #149. Pedestrian access, as shown
on other portions of the plan, were agreed to be adequate.
Regarding signage--the Commissioners concurred that the
proposed plan was adequate and that no additional signage
should be allowed without review.
MOTION:
Motion was made by Torjesen, seconded by Hallett, to recommend to
the City Council approval of the request of Target to begin site
construction, with the exception of landscaping, based on plans
submitted and dated June, 1983. Further, said approval shall be
subject to the recommendations of the Staff Report of June 24, 1983
as further elaborated upon and discussed at the Planning Commission
meeting of June 27, 1983, with the addition of recommendation 010:
Additional detail be provided regarding cart storage on-site. Said
approval shall also be subject to further review of the landscaping
and screening by the Planning Commission prior to approval of the
overall site plan by the City Council.
Motion carried--5-0-0
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 22-83
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.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the Planned Unit Development 5-83
District (hereinafter "PUD 5-83"), which includes R1-22, R1-13.5, and R1-9.5 Zoning
Districts.
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 Derrick Land Company and the City of Eden Prairie (hereinafter
"Developer's Agreement"). The Developer's Agreement contains the terms and
conditions of PUD 5-83, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD 5-83 is not in conflict with the goals of the Guide Plan of the
City.
B. PUD 5-83 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 5-83, are justified by the
design of the development described therein.
D. PUD 5-83 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
Planned unit Development 5-83 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 I 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
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the______ of , and finally read and
adopted and ordered publishedat a regular meeting of the City Council of said City
on the day of
ATTEST:
John D. Frane, City Clerk ' Wolfgang H. renzel, Mayor
PUBLISHED in the Eden Prairie News on the day of
Exhibit A
-
LEGAL DESCRIPTION OF PARCEL TO BE ZONED R-13.5
That part of the West half of the Northwest Quarter of Section
6, Township 116, Range 22, described as follows:
Beginning at the Southwest corner of said West half of the
Northwest Quarter of Section 6; thende on an assumed bearing of
North 00 degrees 07 minutes 05 seconds West a distance of 415.00
feet; thence North 89 degrees 25 minutes 57 seconds East a
distance of 502.90 feet; thence South 2 degrees 34 minutes 32
seconds West a distance of 215.32 feet; thence North 89 degrees 25
minutes 57 seconds East a distance of 137.22 feet; thence South 00
degrees 07 minutes 05 seconds East a distance of 200.00 feet;
thence South 89 degrees 25 minutes 57 seconds West a distance of
630.00 feet to the actual point of beginning.
LEGAL DESCRIPTION OF PARCEL TO BE ZONED R-9.5
That part of the West half of the Northwest Quarter of Section
6, Township 116, Range 22, described as follows:
' Commencing at the Southwest corner of said West half of the
Northwest ,Quarter of Section 6; thence on an assumed bearing of
North 00 degrees 07 minutes 05 seconds West a distance of 415.00
feet to the actual point of beginning of the land to be described;
thence North 89 degrees 25 minutes 57 seconds East a distance of
502.90 feet; thence South 2 degrees 34 minutes 32 seconds West a
distance of 215.32 feet; thence North 89 degrees 25 minutes 57
seconds East a distance of 185.28 feet; thence North 2 degrees 34
minutes 32 seconds East a distance of 217.66 feet; thence East
.20.02 feet; thence North 2 degrees 34 minutes 32 seconds East a
distance of 134.10 feet; thence North 3 degrees 37 minutes 27
seconds West a distance of 277.62 feet;
thence North 87 degrees 25 minutes 28 seconds West a distance of
35.00 feet; thence North 2 degrees 34 minutes 32 seconds East a
distance of 345.02 feet; thence North 89 degrees 52 minutes 55
seconds East a distance of 169.39 feet; thence Northwesterly a
distance of 191.84 feet along a non-tangential curve concave to
the Northeast having a radius of 800.00 feet, a central angle of
13 degrees 44 minutes 21 seconds and a chord bearing of North 6
degrees 59 minutes 15 seconds West; thence North 00 degrees 07
minutes 05 seconds West a dir,tance of 140.00 feet; thence South 88
degrees 39 minutes 01 seconds West a distance of 470.04 feet;
thence South 84 degrees 19 minutes 37 seconds West a distance of
50.62 feet; thence South 89 degrees 52 minutes 55 seconds West a
distance of 305.02 feet to the Went line of said West half of the
Northwest Quarter ofSection 6; thence South 00 degrees 07 minutes
05 seconds East a distance of 1080.04 feet to the actual point of
beginning.
l':) 19L)
Hidden Glen
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1983, by
and between Derrick Land Company, 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 Planned Unit Development Concept
approval for development of approximately 104 acres, and Planned Unit Development
.District Review, rezoning from Rural to R1-9.5, R1-13.5, and R1-22 and preliminary
plat of 22.8 of said 104 acres, situated in Hennepin County, State of Minnesota,
more fully described in Exhibit A, attached hereto and made a part hereof, and said
entire 104 acres hereinafter referred to as "the property," and;
WHEREAS, Owner desires to develop the property as 65 single family detached
lots, on said 22.8 acres, based on plans dated July, 1983;
NOW, THEREFORE, in consideration of the City adopting Ordinance No. 22-83
and Resolution #83-139, 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 July, 1983, reviewed and approved by the City
Council on July 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, Owner agrees to submit to the
City for review, and obtain the City's approval of the following:
A. To the Engineering Department:
1. Revised utility plans and grading plans for Phase I,
as depicted on Exhibit B, which illustrate that the
storm sewer drainage of the property which will be
to the northeast.
2. Detailed information which indicates the water
capacity and sewer capacity existing in the services
anticipated for use for Phase I.
B. To the Planning Department:
1. A development Plan for Phase I illustrating a
variety of unit type such that no unit shall occur
adjacent to, directly across from, or diagonally
across from any similar unit. In addition, no like
unit type, such as garage front, shall occur more
than three in a row along any street frontage.
2. Owner shall enter into in agreement with City
regarding the constructin of Dell Road, which will
include, but not be limited to, the method of
financing and/or assessment, construction timing,
construction method(s), and any easements necessary
for construction.
C. To the Community Services Department:
An agreement as to the method of acquisition plans for the
City neighborhood park in the southeast area of the
property.
4. In implementation of Planned Unit Development #5-83, and as variance
from certain requirements imposed by City Code, Chapter 11, City
hereby authorizes lot size variances from the 22,000 sq. ft. minimum
for Lots 3 and 4, Block 7, as depicted on Exhibit B.
5. Concurrent with street construction, Owner shall construct upon the
property a five-foot wide concrete sidewalk along the south side of
Street A and along the south and east sides of Street C with let
down curbs, as depicted on Exhibit B.
OWNERS' SUPPLEMENT
TO p -
DEVELOPER'S AGREEMENT
BETWEEN
DERRICK LAND COMPANY
AND THE
CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of ; 1983, by
and between Joseph Dolejsi and Tillie Antoinette Dolejsi, husband and wife, and
Joseph Karl Dolejsi and Jay Calvin Dolejsi as Trustees of the Joseph Dolejsi
Irrevocable Trust Agreement, hereinafter referred to as "Owners," and the City of
Eden Prairie, hereinafter referred to as "City:"
For and in consideration of, and to induce, City to adopt Resolution #83-129
for a preliminary plat approval and Ordinance #22-83 changing the zoning of the
property owned by Owner from Rural to R1-9.5, R1-13.5, and R1-22, as more fully
described in that certain Developer's Agreement entered into as of
, 1983, by and between Derrick Land Company and City, Owners
agree with the City as follows:
1. If Derrick Land Company fails to proceed in accordance with the
Developer's Agreement within 24 months of the date hereof, Owner
shall not oppose the rezoning of the property to Rural.
2. This Agreement shall be binding upon and enforceable against Owners,
their successors, heirs, and assigns of the property.
3. If the Owners transfer such property, owners shall obtain an
agreement from the transferree requiring that such transferee agree
to the terms of the Developer's Agreement.
Dolejsi
Hidden Glen
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83467
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 22-83 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 22-83 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. 22-83, 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.
P. , 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. 22-83 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
Hidden Glen
The following is the full text of the City of Eden Prairie Ordinance No. 22-33,
ihich 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. 22-83
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.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the Planned Unit Development 5-83
District (hereinafter "PUD 5-83"), which includes R1-22; R1-13.5, and R1-9.5 Zoning
Districts.
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 Derrick Land Company and the City of Eden Prairie (hereinafter
"Developer's Agreement"). The Developer's Agreement contains the terms and
conditions of PUD 5-83, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD 5-83 is not in conflict with the goals of the .Guide Plan of the
City.
B. PUD 5-83 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 5-83, are justified by the
design of the development described therein.
D. PUD 5-83 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
Planned Unit Development 5-83 District, and the legal descriptions of land in each
district referred to in City Code Section 11.03, subdivision 1, subparagraph 8,
shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitied "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
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
Sumnary of Developer's Agreement: Hidden Glen
Developer will develop the land as described 'id Exhibit A which is attach ,d
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 revised utility drawings and drading drawings for Phase I
which illustrate storm sewer drainage of the property to the nrotheast.
3. Submission of detailed information indicating the water capacity and sewer
capacity existing in the services anticipated for use for Phase I.
4. Submission of a development plan for Phase I illustrating a variety of unit
type such that no unit shall occur adjacent to, directly across from, or
diagonally across from any similar unit. In addition, no like unit type,
such as garage front, shall occur more than three in a row along any street
frontage.
5. Owner shall enter into an agreement with City regarding the construction of
Dell Road, which will include, but not be limited to, the method of
financing, construction timing, and construction method(s).
6. Owner shall enter into an agreement with Citiy as to the method of
acquisition plans for the City neighborhood park in the southeast area of
the property.
7. City grants a variance for lot size variances from the 22,000 sq. ft.
minimum for Lots 3 and 4, Block 7, as part of the implementation of the
Planned Unit Development District for the property.
8. Concurrent with street construction, Owner shall construct upon the property
a five-foot wide concrete sidealk along the south side of Street A and along
the south and east sides of Street C with let-down curbs.
9. . Submission to the City Engineer of a development Plan for the land.
10. Submission to Watershed District of storm sewer construction plans.
Developer to follow the rules and regulations of said Watershed District.
11. Developer's warranty of title to the land.
12. 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.
13. 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.
14. Payment of first three (3) years' street lighting, engineering review, and
John b. Frane, City Clerk Wolfgang H. Penzel, Mayor
street signs costs.
15. Developer's commitment not to oppose rezoning if Developer fails to proceed
in accordance with the Developer's Agreement within 24 months.
16. Application of the Developer's Agreement to transferees of the land.
17. City's remedies in the event that Developer violates the provisions of the
Developer's Agreement.
18. 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.
July 19, 1983
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-178
A RESOLUTION APPROVING FINAL PLAT
OF HIQDEN.GLEN
WHEREAS, the plat of Hidden Glen has been sub-
mitted in the manner required for platting land qnder the [den Prairie Ordinance
Code and under Chapter 462 of the Minnesota Statutes and all proceedings have beer
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 Hidden Glen is approved
_ upon compliance with the recommendation of the City Engineer's
Report on this plat dated July 13, 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 RSA 462.358, 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.
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 July 19, 1983.
Wolfgang H. Pennel, Mayor
ATTEST:
SEAL
JiThil—a:—Fr-ane, Clerk
VS') (i)
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PtAT
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
DATE: July 13, 1983
SUBJECT: Hidden Glen
PROPOSAL:
The developer, R.M. Feerick and Associates, is requesting Final Plat
approval of Hidden Glen located east of T.H. 101 (West 192nd Ave.)
and north of Lochanburn Addition in the North h of Section 6. The
plat submitted contains 65 lots zoned as follows: all lots within
Blocks 1, 2, 3, 4, 5 and 6 - RI-9.5; Lots 1 and 2, Block 7- RI-22;
Lots 3 through 6, Block 7 - RI 13.5. The total area of this plat
is 22.8 acres.
HISIORV:
The preliminary plat was approved by the City Council on June 7, 1983,
per Resolution 83-129.
Zoning to RI-9.5, 81-13.5 and RI-22 are scheduled for final reading
by the Council on July 19, 1983 (Ordinance 22-83).
The Developer's Agreement referred to within this report is scheduled
for execution on July 19, 1983.
VARIANCES:
All variance requests not covered by the Developer's Agreement must be
processed through the Board of Appeals.
UTILITIES AND STREETS:
Municipal utilities and streets will be installed by the developer in
conformance with City standards and the requirements of the Developer's
Agreement.
The location of any additional drainage and utility easements will be
determined by the Engineering Department upon review of final utility
plans prior to release of the final plat.
PARK DEDICAllON:
The requirements for park dedication are covered in the Developer's
Agreement.
BONDING:
The requirements for bonding are covered in the Developer's Agreement.
Hidden Glen Final Plat Pg. 2
RECOMMENDATION:
Recommend approval of the final plat of Hidden Glen subjec
t
t
o
t
h
e
requirements of this report, the Developer's Agreement and
t
h
e
following:
1. Receipt of Engineering fee in the amount of $1;500.00.
2. Receipt of street lighting fee in the amount of $5,873.40.
3. Satisfaction of requirements within the Developer's Agreeme
n
t
.
4. Satisfaction of bonding requirements.
5. Final reading of Ordinance 22-83.
6. Execution of the Developer's Agreement.
DLO:sg
161n
TO:
THROUGH:
FROM:
DATE:
RE:
Mayor and City Council Members
Carl Jullie, City Manager
Eugene A. Dietz, Director of Public Works
July 11, 1983
Hidden Glen Subdivision/Lochanburn Street Connection
At the public hearing for Hidden Glen Subdivision, part of the discussion
dealt with the necessity for connecting existing Lochanburn Road into the
street system in the new subdivision. I have reviewed the site and offer
the following list of positive and negative aspects to the connection.
Negative.
1. The sight distance at the intersection of Lochanburn and Harrogate
is poor. Some resolution of the problem could be accomplished by
placing a stop sign on west bound Harrogate. It would not be
practical to stop southbound Lochanburn since the grade is steep
and in the winter I'm sure it is necessary to take a good run at
the hill to make it to the top.
2.- There will be increased traffic on Lochanburn Road. After the
completion of Dell Road, approximately 50 lots would find it
more convenient to use Lochanburn Road for their southbound trips.
Positive.
1. Snow plowing and access for delivery vehicles (garbage, mail, etc.)
would be improved by the connection.
2. The existing neighborhood would find access to the north more
convenient -- ease of mobility from one neighborhood to the next.
3. Residents on the steep section of Lochanburn would find it easier
to get out of the neighborhood during the winter -- although by a
more circuitous route.
Chief Hacking will provide comments regarding access for emergency vehicles.
Based on the information listed above, the safety problems at the intersection
due to sight distance would have a slight edge in priority over the convenience
of a circulating street system. However, both sides of the issued have credible
arguments.
The storm drainage concern can be resolved whichever is decided -- connection
or not. The cost may be slightly higher without the connection.
EAD:sg
CJJ:jp
MEMORANDUM .0 •
TO: Mayor and City Council
FROM: City Manager Carl J. Jullie
SUBJECT: Request for Custodial Help
Public Safety Department
DATE: July 15, 1983
Mr. Hacking has requested the addition of a full-time position to help
with custodial and maintenance work at the new Public Safety Building
in addition to the three fire station sites.
Our present custodial staff consists of one full-time and one part-
time person. Our request is to promote the part-time position to
a full-time position as of August 1, 1983, at an additional cost
Of $5,000 for the remainder of 1983. Sufficient funds are available
in the General Fund Reserve for this purpose. The part-time
employee we wish to promote (Mr. Chuck Fern) has been working for
us on a part-time basis for the past three years. He is a
Eden Prairie resident and also a fireman.
Mr. Hacking has prepared a memo which summarizes the major areas
of cleaning, vehicle and equipment maintenance, grounds keeping,
and miscellaneous duties and the hours required therefore. Our
experience with the new Public Safety Building over the past five
weeks indicates that it takes 10 - 12 more hours each day to complete
the necessary cleaning. In order to accomplish this, Mr. Fern must
work eight hours per day and Mr. Hacking has been spending 1 - 2
hours per day plus 2 - 4 hours on every Saturday and Sunday. From
this I am persuaded that the additional help is indeed necessary
and I so recommend.
-
MEMORANDUM
TO:
11IRU:
FROM:
DATE:
SUBJECT:
Mayor and City council
Parks, Recreation and Natural Resources Commission
—1
Carl Jullic, City Manager
Bob Lambert, Director of Community Services'---Rt--
July 7, 1983
1984 LAWCON Grant
Attached to this memo is supplementary information for the preliminary application
of the LAWCON/LCMR Grants for fiscal year 1984. It is doubtful that there will be
any LAWCON funding again for 1984; however, there is LCMR funding that is equal to
funding amounts in 1983. It is estimated that $875,000 of LCMR funds will be
available for projects in the seven county metropolitan area. Approximatley 25%
of this allocationis available for acquisition projects.
1,CMR funding is a 50% grant unless LAWCON .funds are also available.
There are presently two projects that are high priorities and that would be
eligible for LCMR funding. Those projects are:.
1. Lighting and fencing the ball fields at Round Lake Park. A prelim-
inary estimate to light ballficlds numbers 2 & 3 at Round Lake
would be approximately $50,000. It would be an additional $4,000
per field to install a 6' chain length fence with an aglimc running
track. Staff would recommend fencing fields 1-4 as a first phase.
2. The second project that is 'a high priority and would be eligible for
LCMR funds is acquisition of additional property at Riley Lake Park.
Staff would recommend acquiring the 2!4 acre parcel immediately north
of the park as a first phase of property acquisition for expanding
the Riley Lake Park.
The Community Services Staff requests the Parks, Recreation and Natural Resources
Commission to make a recommendation to the City Council regarding what, if any,
project should be identified for a 1981 LAWCON Grant application. This request
will go before the Parks, Recreation and Natural P.CSOUTCCS Commission on July 18
and the City Council on July 19, as the deadline for the grant application is
August 5, 1983. Staff would recommend using cash park fees as the matching fund
source for either of these projects.
FL:md
-2-
FUND AVAILABILITY
At the time this is being written, it is not known how much mon
e
y
w
i
l
l
b
e
a
v
a
i
l
a
b
l
e
for LAWCON grants. The President's FY 1964 budget proposal doe
s
n
o
t
i
n
c
l
u
d
e
L
A
W
C
O
N
funds for local government projects. However, Congress must ac
t
o
n
t
h
e
P
r
e
s
i
d
e
n
t
'
s
proposal and a funding change is possible. It is anticipated t
h
a
t
L
C
M
E
p
a
r
k
f
u
n
d
i
n
g
will be about the same as FY 1983. A reasonable estimate is:
LCVE $875,000 for projects in the 7 county Minneapolis/St. Paul
metro area. Up to 25 percent of this allocation is available
for acquisition projects.
$875,000 for projects in the rest of the state. Up to 25
percent of this allocation is available for acquisition
projects.
LAWCON ? - Contingent on congressional action.
FUNDING ODDS
Last year a total of 206 preliminary applications were received;
5
8
w
e
r
e
r
e
c
o
m
m
e
n
d
e
d
for funding. 4
DEADLINE - August 5, 1983
PRELIMINARY APPLICATIONS ARE DUE IN THE OFFICE OF LOCAL GOVERNME
N
T
AND THE
CLEARINGHOUSE NO LATER THAN AUGUST 5, 1983
The preliminary application must be completed to be considered. This means that
all data which is identified on the preliminary application form must be submitted
by the deadline. Please submit to:
Department of Energy, Planning and Development
Parks and Recreation Grants Section
480 Cedar Street, 100 Hanover Building
St. Paul, Minnesota 55101
PLEASE NOTE: We acknowledge that grant programs can be somewha
t
c
o
n
f
u
s
i
n
g
.
Our experience indicates that local governments that have a
full understanding of these programs tend to be more successful
in obtaining grants. Therefore, if you have any questions
regarding this application packet please call 612/296-4703.
LAWCON, LCMR PROGRAM DETAILS
ELIGIBILITY
APPLICANTS: Counties, cities, towns and special park districts or
elected park and recreation boards in cities of the
first class.
. PROJECTS: Acquisition of land for future development as a park or
outdoor recreation facility; development of eligible
facilities on land owned or under long term lease by
the applicant.
ELIGIBLE
Any basic, essential facility which is necessary for an
FACILITIES: outdoor recreation activity or provides access to or
support for the activity. This list includes:
or any combination of
these (i.e., toilet/
shelter/storage
building)
Trails - hiking, biking, ski touring,
nature observation
Swimming beaches
Picnic Shelters
1
Toilet buildings
Warming houses
Change houses
Shower buildings
Contact building
Nature centers
Storage buildings
Baseball and/or softball fields
Football fields
Soccer fields
Outdoor skating/hockey rinks
Tennis courts
Basketball courts
- Volleyball Courts-hard surface only
- Boat and/or canoe accesses
- Fishing docks
- Campgrounds .
VLighting-athletic field, security
& Safety lighting
k4encing-safety, athletic field
- Signs-park name, directional, safety
- Park roads
kriParking areas
- Sewer & water for park buildings
- Drinking fountains
- Walkways (i.e., short distance trails
that may direct park users from the
parking lot to the tennis court.)
seLandscaping-seeding, sodding,
tree/shrub planting
- Site improvement-grading, filling,
demolition, clearing
- Site planning & engineering for
facility development
-4-
INELIGIBLE
FACILITIES: The following facilities are not considered essential and
therefore cannot be funded. This list includes:
owimMOIC-
- Historical buildings
- Employees residences
- Zoos
- Down hill ski facilities including
runs and rope tows
- Ski jumping facilities
- Ski lift facilities and equipment
- Archaeological sites
- Bandstands
- Benches and seats
- Cooking grills
- Swimming pools
- Underground watering or
irrigation systems
- Playground or game equipment
- VITA courses
APPLICATION PREREQUISITES
- Spectator seating of any kind
- Golf courses
- Development of historical sites
- Individual sewer, water and
electric hook-ups at camp-
grounds or marinas
- Dugouts for ballfields
- Water impoundment construction
- Interpretive displays
- Trash receptacles
- Skeet and trap fields
- Rifle ranges
- Any facilities or equipment at
beaches which is not of permanent
codstrUction
- Snowmobile trails
,- Picnic tables
7 Hockey arenas
.All preliminary applications will be reviewed to determine if the following
prerequisites have been met:
1. The proposed project is for an eligible facility as specified in the federal
LAWCON rules, applicable state laws and rules and this packet.
2. The State Outdoor Recreation Plan (SCORP) is the document which provides
information about the number of residents desiring additional facilities.
For acquisition projects, the facilities for which the site is being
acquired must be identified in SCORP as compatible with the list of desired
facilities. Applicants receiving grants for acquisition will be asked to
provide assurance that the facilities identified in the application will
in fact be developed. For development projects, the facilities proposed to
be developed must be identified in.SCORP as compatible with the list of
desired facilities.
/675
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Carl Jullie, City Manager
Bob Lambert, Director of Community S
e
r
v
i
c
e
s
-
July 14, 1983
Edenvale Park Dedication Requirements
The site commonly referred to as Edenvale
E
a
s
t
P
a
r
k
i
s
t
h
e
l
a
s
t
p
a
r
k
s
i
t
e
the City was to receive from Edenvale as t
h
e
i
r
P
U
D
p
a
r
k
d
e
d
i
c
a
t
i
o
n
r
e
q
u
i
r
e
-
ment. This site was to have been transfer
r
e
d
t
o
t
h
e
C
i
t
y
o
f
E
d
e
n
P
r
a
i
r
i
e
free and clear of all taxes.
Attached to this memo is a letter from Ric
h
a
r
d
R
o
s
o
w
t
o
M
r
.
K. E. •Schumacher
indicating that the City must have a chec
k
i
n
t
h
e
a
m
o
u
n
t
o
f
$
3
,
9
8
8
.
3
9
p
r
i
o
r
to August 1 in order to file the deed and
p
a
y
t
h
e
e
x
i
s
t
i
n
g
t
a
x
e
s
,
p
e
n
a
l
t
y
and filing fee on this parcel. After August 1 the penalty o
n
t
h
e
u
n
p
a
i
d
t
a
x
e
s
will increase.
The City has received a signed limited warranty deed from the Equitable L
i
f
e
Assurance Society.
City staff recommends that the •City accep
t
t
h
e
w
a
r
r
a
n
t
y
d
e
e
d
a
n
d
a
g
r
e
e
t
o
p
a
y
the special assessments of $1,912.22 in or
d
e
r
t
o
g
a
i
n
t
i
t
l
e
t
o
t
h
i
s
p
a
r
k
parcel.
This neighborhood park will serve the res
i
d
e
n
t
i
a
l
n
e
i
g
b
o
r
h
o
o
d
s
l
o
c
a
t
e
d
e
a
s
t
of Edenvale Coif Course, west of 494, nor
t
h
o
f
H
i
g
h
w
a
y
5
a
n
d
s
o
u
t
h
o
f
t
h
e
T
a
p
-
view area. The site is basically made up of en
t
i
r
e
l
y
u
n
s
t
a
b
l
e
s
o
i
l
s
a
n
d
t
h
e
C
i
t
y
has placed approximately 70,000 yards of
f
i
l
l
o
n
t
h
i
s
s
i
t
e
f
r
o
m
t
h
e
d
e
v
e
l
o
p
-
ment of the New Valley View Road. This f
i
l
l
w
i
l
l
a
l
l
o
w
t
h
e
d
e
v
e
l
o
p
m
e
n
t
o
f
a
portion of this park into some active use
a
r
e
a
s
.
BL:md
461Iti
• Wf I. LAMO
POOCH A. PAULA
DAVID II. DA LININ•IIIN
*-
AMMAN(' r. 50013W
MARK J. JOHNSON
JOIIPPN A. MILAN
JOHN W. LAWS
LAW 111/1,1131t•
LAND, PAULY & OREDERDON, LTD.
41170 101) CENTrAl
MINNEAPOLIIilo MINNCBUTA DA403•
July 8, 1983
taa 1.11903
Mr. K. E. Schumacher
Attorney at Law
14500 Valley View Road •
Eden Prairie, Minnesota 55344
Re: Edenvale East Park
Dear Mr. Schumacher:
I'am in receipt of your letter of July 7, 1983 to the City o
f
Eden Prairie and the documents which were enclosed therewit
h
.
Your letter will be submitted to the Council on July 19 fo
r
their consideration. If the Council accepts your proposal, w
e
will need a check for the general real estate taxes in the
amount of $3,751.35, the penalty in the.amount of $226.54 an
d
the filing fee for the deed from the Equitable Life Mortgage
and Realty Investors, Inc. to the Equitable Life Assurance
Society of the United States in the amount of $10.50, all of
which totals $3,988.39. If the taxes are not paid prior to
August 1, the penalty on the unpaid taxes will increase.
If you have any questions, please call.
Very truly yours,
LANG, PAULY E. GREGERSON, LTD.
By:
Richard F. Rw.ow
RFR/sp
cc: Mr. Carl Jullie./
Yoyrgrep,
R, E. Schumacher
• K. E. Schumacher
/Wormy-al-Law
14500 Valley View Road
Eden rrairic, r‘Iiitocsota 55344
612)ttiliat0.0 937-8300
July 7, 1983
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
Gentlemen:
I am herewith delivering the original Deed to property located east
of Mitchell Road and north of Valley View Road. It is our understanding
that this property will be designated Public Park and put into the park
system. The Grantors named on the deed recognize,the obligation to pay .
the lien of general taxes as shown on the attached tax statement'.
This deed is delivered conditional upon the Grantor receiving satis-
factory evidence from the City of Eden Prairie that all obligations
relating to the dedication of park property and any and all park fees
now or in the future to be asserted as assessed against any property
within the orginal Edenvale P.U.D. have been fully paid and that all
contractual obligations as they relate to parks and park fees have
been fully met. •
RES/rw
;Et.; YORK NI, 10019 Tcup—mvx—urIiit• NEW YORK NY 10019. 06/30 ISECOIYO HALF TOO 2,031.78 06/30 FRR.PERT ICENT ICATION NO 10-116-22 42 0005 'FIRST t.ALF (AA )—t15-22 42 0005 5,663.57 2,831.79 TOG LS,CT 10-116-22 42 0005 61 272 4 INPLATTED 10 116 22 .37 •C. ..cfts 14.00 HAT PART OF NW 1/4 OF SE 1/4 L 3,751.35 1,912.22 5,663.57 TAXES LEVIED LESS CREC,1S TAX AFTER CREDITS ADD SPECIAL ASSESSMENTS 1963 TAX PAYABLE a g•••, I ST HALF TAX 2,831.79 PEN THRU e.6.-A-3e7/3/ 4-913'7.222)&0 AMOUNT DUE '?0Sit.35 3,0,30—.01 co =oz..", re, AnON ,7.":,--N,St,t,vENT CENTER S v 3S4, :—BLE LIFEP:SUR SOC LIFE ASSUC SOL 1203 AE OF THE AMERICAS VEU .0RP NY 10019 BEFORE MAILING 1983 HENNEPIN COUNTY PROPERTY TAX STATEMENT STATE COPY . t=1',rOLE 10-146-22 42 0005 r.,„ 272 4 .,147F11.*AT TED 10 116 22 14.00 1T'HAT ,A;x0F NW 114 OF SE 1/4 L DEPARTMENT Of PROPERTY TAXATION HENNEPIN C.OGNTT GOVERNMENT CENTER MINNEAPOLIS. MINNESOTA &SASS ON.* ITOto, -0 to , maPay, • inalLy OToOlt 3411 3011 0,..440AASSESSWAAvE EQUITABLE LIFE ASSUR SOC TaxonTEO OUTS', EQUITABLE LIFE ASSUC SOC 1283 AVE OF THE AMERICAS NEW YgRK NY 10019 1983HENNEPINCOUNTY PROPERTYTAXSTATEMENT TAXPAYER'S COPY vIRE COOL- Le"".. Mrs o1000ny de3en01.00 Nley Mt 00 • NU mg& Oesenolon. USE Only lot MY put•OS•• DETACH PAYMENT STUB HER DETACH PAYMENT STUS_HERE SUOMI MAILING If ••• evoked, v. COO el.. 1.5 r-. VII iOQ'A •,1-0 Pt (c.(4, Ton PaN,• IOU I 0,0 It Coo,t1Tin op j•tortot to LAI V' taz :mots THIS STATE COPY OF THE TAX STATEMENT IS TO BE USED TO CLAIM 'PROPERTY REFUND FROM V IN N ESOTA DEPARTMENT OF REVENUE. II this box is ANNImd: Tow <weds. Roque, tox.....d nuy ftoi 000•0 for the Pet, ety Ti. Re•omi n••n.1 Ilhos• 0.• gaid. vo• ent. We • cont./Aim. of lvdpownl 10 1.0 thos• 1... ITEMIZED STATEMENT: o STATE • 1051500 , CITY • SCNOOL DISTRICT I /DINER TAXING DISTRICTS • TAX SETORE CREDITS • LESS CRED•Ts..10, REDUCE 'TOUR TAX ,0 TAO Arrtm CREDITS IT ADO SOEVAL ASSESSAMAFTS POINCITot. INTC of ST M 1983 TAX PAYABLE 0.00 1,016.26 715.04 1,825.29 j94.76 ,751.35 3,751.33 1,143.51 769.71 5,663.57 VAT BE EL,E,DIE FOR A PAOPERTY TAX I 1.:4D T.'S TEAR AOR F,xORMAT:ON ON HOW TO F.S,V3. READ DETAILS ON TOTE ERSE E.T.E CO T0,5 STATEVE:IT, EZ.t,,S °GT R.ROXERIT TAP FEfUND FORM TAIPR &XC 53 POSTED 1.,,x1.1....; TA X 0`. 1_,E to 'AYE P,OHTVESTEADcREEHT •!-ZA I? 2. CREDITS WHICH REDUCE YOUR TAX: STATE SCHOOL AGRICULTURAL CREDO •• STATE PAID HOMESTEAD CREDIT I. AMOUNT OF TAX OUALIFYINO FOR FORM MILIER TOTAL CREDITS (TO LINER( 7,1 OEu..OuENT TAX LI VALUE NE ORMATION: TAX SUMMARY: 3.751.35 0s Il cl this Tax IS CV, May 31. TIT
in—Preverree
$141..10.4Cm.Wmvardr.
• FennNo. 23-M. U.Aom 1164.
Irtiq 311bentti re, Ala& thle ----.. day of-
between—The.
–
a corporation under the laws of the State of Mad achuse tt. s ...—.., party of the first part, and
The Equitable Life Assurance Society of the United States,
a corporation under She laws of the State of 11e%,1.-X9X11.
the second port,
Clartgbeft, That the mid party of the fleet part, tp co
n
s
i
d
e
r
a
t
i
o
n
o
f
t
h
e
t
a
m
o
f
One Dollar ($1.00) anti other valuable consideration . BetrhARS..
to It in hand paid by the said party of the +mond port, the receipt whereof is hereby acknowledged, d
o
e
s
herein, Grant, Bargain, Sell, and Convey unto the said porn/ of the second part, its successors and assigns,
Forever, all the tract ..... or pawl .... of land lying and being in the County nnepi n
and State of .Vinnesola, described a* follow*, to-wit,
That part of the West 1/2 of the Southeast Quarter,
S
e
c
t
i
o
n
1
0
,
Township 116, Range 22, lying West of the East 330
f
e
e
t
t
h
e
r
e
o
f
and lying Northerly of the following described line
:
Beginning at the Northeasterly corner of Registered
L
a
n
d
S
u
r
v
e
y
No. 1354, thence Northerly along the Easterly line
o
f
t
h
e
Northwest Quarter of the Southeast Quarter of Sect
i
o
n
1
0
,
T
o
w
n
s
h
i
p
116, Range 22, a distance of 897.00 feet to the po
i
n
t
o
f
b
e
g
i
n
n
i
n
g
of the line to be described; thence deflecting So
u
t
h
4
9
°
3
8
5
6
"
West a distance of 870.59 feet; thence deflecting
N
o
r
t
h
6
3
°
1
9
'
3
1
"
West a distance of 738.00 feet to the West line of
t
h
e
N
o
r
t
h
w
e
s
t
Quarter of the Southeast Quarter of Section 10, To
w
n
s
h
i
p
1
1
6
,
Range 22, and there terminating.
For purpose of this description, the Easterly lin
e
o
f
t
h
e
.'Northwest Quarter of the Southeast Quarter is as
s
u
m
e
d
t
o
h
a
v
e
a
bearing of North 2°50'38" East. ,
Subject to easements, restrictions, reservations and conditions
of record, if any. .
Oo abe anti to ittalb tt battle, Together with sIt the herc,ditaments and appurtenances there-
unto belonging or in anywise appertaining, to the said party of the second part, it* successors and assigns,
Forever. .4nd Ow said party of the first part, for itmlf and its sueeestort, does covenant with the said
party of the 'woad part, ite ruacessore and assigns, that U has not made, done, execute
d
o
r
s
u
f
f
e
r
e
d
any
act or thing whatsoever whereby the above described premises or any part thereof, now or at any iinIO here-
after, shall or may be imperiled, charged or ineurnbered in any manner whatsoetier,„--.
And the title to the above granted premises against all persons la
w
f
u
l
l
y
c
l
a
i
m
i
n
g
t
h
e
s
a
m
e
f
r
o
m
,
t
h
r
o
u
g
h
or under it, creepe iieDld, if any, hereinbe fore mentioned, the said Tarty of ths first pa
r
t
w
i
l
l
Warrant
and !Wend.
3n Z flit 'melte V.11,1trtaf, The said find party ha. canted Owe
presen ts to be estouted in its corporate nano by its . .
i'nvidrat . . . -and-its-rorporate-seat to
.1,ala,...wrdaaili.xe4 the day and year first above written,
THE EQUITABLE LIFE MORTGAGE
–AND -NLALTY. INVESTORS, . –
By - 7:2 ?VII/ 444!
lu nIT • rorr,„,..4.4.
•
Party of
-Pre s -act
mak..m.b
Form No. 234K si.mks
1411 3hibtnturt,m.d.thu_. P,..C41 day o Per, IS 83
ba.u. The pqpitable Wu Assurance SocieA of the hiceu Statesj
a corporation under the laws of the State of —_New....York--, party of the firsb Mut and
the City of Eden Prairie, a municipal
corporation usurer the law of She Slate
Poll, of
the second part.
tailiNgittlb, That the said party of the first part, in ..vieendi. the suns af
One Dollar 01.00) and other valuable consideration . DITEfititti:
to it in hand paid by the said party of the second part, the receipt whereof ia hereby acknowledged. does
hereby Orant, Ilarfain, Sell, and Convey unto the said party of the emend part, its successor, and assigns.
Forever, all the tract ... or parcel ... of land lyinf and being in the County
and Slate of Minnesota, described (14 follows, to-wit:
That part of the West 1/2 of the Southeast Quarter, Section 10,
Township 116, Range 22, lying West of the East 330 feet thereof
and lying Northerly of the following described line;
Beginning at the Northeasterly corner of Registered Land Survey
No. 1354, thence Northerly along the Easterly line of the
Northwest Quarter of the Southeast Quarter of Section 10, Township
116, Range 22, a distance of 897.00 feet to the point of beginning
of the line to be described; thence deflecting South 49°38'56"
West a distance of 870.59 feet; thence deflecting North 63°19'31'
West a distance of 738.00 feet to the West line of the Northwest
Quarter of the Southeast Quarter of Section 10, Township 116,
Range 22, and there terminating.
For purpose of this description, the Easterly line of the
Northwest Quarter of the Southeast Quarter is assumed to have a
bearing of North 2°50'38" East. 4
Subject to easements, restrictions, reservations and conditions
of record, if any.
Co babe at* to ifiorti fiji aame, Together with all the hereditaments and appurknaneus !here-
unto belonging or in anywise appertaining. to the said party of the second part, its successors and arigns,
Forever. And the said party of the first part, for itself and its inweessors, does covenant with the said
party of the mend part, its successors and assigns, that it has ,wt made, done, executed or suffered any
ael or alloy whatsoever whereby the above deeeribed premises or any part thereof, now or at any time here-
after, shall or may be imperiled, charged or ineumbered in any manner whatsoever,
And the title lathe above granted premises against all pereons lawfully claiming the same from, through
or under it. eAreld items, if any, hareinbefore mentioned, the said pu tt y of the first part will Warrant
and Defend.
31st tratimony lbtrts. Tha said first party has caused them
present. to be executed in its torts-Irate name by its...-. —
President . . . raneb-its-eorpwcstriecrIto•
be-lvesearsto op.real. the day and year first above written.
Tilt EQUITABLE LIFE ASSURANCE
Ito
i
"
120062283
DEED OF PARTIAL RELEASE
WHEREAS, EDENVALE, INC., a Minnesota corporation (herein
'Edenvale"), executed a certain mortgage
u
n
t
o
T
H
E
E
Q
U
I
T
A
B
L
E
L
I
F
E
ASSURANCE SOCIETY OF TME UNITED STATES, a
N
e
w
Y
o
r
k
c
o
r
p
o
r
a
t
i
o
n
.
and TUN EQUITABLE LIFE MORTGAGE AND REALT
Y
I
N
V
E
S
T
O
R
S
,
a
Massachenetts voluntary association of th
e
t
y
p
e
c
o
m
m
o
n
l
y
k
n
o
w
n
a
s
a Massachusetts Business Trust under a De
c
l
a
r
a
t
i
o
n
o
f
T
r
u
s
t
d
a
t
e
d
September 15, 1970, as amended (herein co
l
l
e
c
t
i
v
e
l
y
t
h
e
'Mortgagees"), dated July 25, 1974, filed
f
o
r
r
e
c
o
r
d
i
n
t
h
e
Hennepin County Recorder's office on July
3
1
,
1
9
7
4
,
a
s
D
o
c
u
m
e
n
t
No. 4097565, and which mortgage was regis
t
e
r
e
d
i
n
t
h
e
H
e
n
n
e
p
i
n
County Registrar of Titles office on July
3
1
,
1
9
7
4
,
a
s
D
o
c
u
m
e
n
t
No. 1115665, to secure the payment of tw
o
n
o
t
e
s
o
f
e
v
e
n
d
a
t
e
therewith in the aggregate sum of $7,500,0
0
0
(
h
e
r
e
i
n
t
h
e
"
1
9
7
4
Mortgage");
WHEREAS, Edenvale executed a certain mor
t
g
a
g
e
u
n
t
o
t
h
e
Mortgagees dated April 19, 1976, filed for
r
e
c
o
r
d
i
n
t
h
e
H
e
n
n
e
p
i
n
County Recorder's office on May 4, 1976, a
s
D
o
c
u
m
e
n
t
N
o
.
4
2
0
4
7
2
9
,
and rerecorded in the Hennepin County Rec
o
r
d
e
r
'
s
o
f
f
i
c
e
o
n
M
a
y
1
0
,
1976, au Document No. 4205821, and which
m
o
r
t
g
a
g
e
w
a
s
r
e
g
i
s
t
e
r
e
d
in the Hennepin County Registrar of Titles
'
o
f
f
i
c
e
o
n
M
a
y
1
0
,
1976, as Document No. 1175043, to secure
t
h
e
p
a
y
m
e
n
t
o
f
t
w
o
n
o
t
e
s
of even date therewith in the aggregate . sum of $1,000,000 (herein
the "1976 Mortgage");
WHEREAS, Edenvale and the Mortgagees exec
u
t
e
d
a
c
e
r
t
a
i
n
agreement, dated April 28, 1978, filed fo
r
r
e
c
o
r
d
i
n
t
h
e
H
e
n
n
e
p
i
n
County Recorder's office on May 11, 1978,
a
s
D
o
c
u
m
e
n
t
N
o
.
4
3
7
7
2
3
2
,
and which agreement was registered in th
e
H
e
n
n
e
p
i
n
C
o
u
n
t
y
Registrar of Titles' office on May 11, 197
8
,
a
s
D
o
c
u
m
e
n
t
N
o
.
1271799, which agreement granted certain
r
i
g
h
t
s
a
n
d
i
m
p
o
s
e
d
certain duties upon the parties with res
p
e
c
t
t
o
t
h
e
1
9
7
4
M
o
r
t
g
a
g
e
and the 1976 Mortgage and the notes which
t
h
o
s
e
t
w
o
c
e
r
t
a
i
n
m
o
r
t
-
gages secured (herein the "Workout Agreeme
n
t
"
)
;
WHEREAS, THE EQUITABLE LIFE MORTGAGE AND REALTY INVESTORS
and THE EQUITABLE LIFE MORTGAGE AND REALTY INVESTORS, INC., a
Massachusetts corporation, executed a cert
a
i
n
c
e
r
t
i
f
i
c
a
t
e
o
f
articles of merger of trust and corporatio
n
d
a
t
e
d
J
a
n
u
a
r
y
5
,
1
9
8
3
,
filed for record in the Hennepin County R
e
c
o
r
d
e
r
'
s
o
f
f
i
c
e
O
n
, 1983, as Document No. , and which
certificate of articles of merger of trus
t
a
n
d
c
o
r
p
o
r
a
t
i
o
n
w
a
s
registered in the Hennepin County Regintr
a
r
o
f
T
i
t
l
e
s
'
o
f
f
i
c
e
o
n
March 31, 1983, as Document No. 1507177,
w
h
e
r
e
i
n
T
U
E
E
Q
U
I
T
A
B
L
E
LIFE MORTGAGE AND REALTY INVESTORS and TH
E
E
Q
U
I
T
A
B
L
E
L
I
F
E
M
O
R
T
G
A
G
E
AND REALTY INVESTORS, INC. merged togethe
r
w
i
t
h
T
H
E
E
Q
U
I
T
A
B
L
E
L
I
F
E
MORTGAGE AND REALTY INVESTORS, INC. being
t
h
o
s
u
r
v
i
v
i
n
g
e
n
t
i
t
y
;
and
WHEREAS, THE EQUITABLE LIFE MORTGAGE AND
R
E
A
L
T
Y
I
N
V
E
S
T
O
R
S
.
INC., as nuccenuor by merger to the intere
s
t
s
o
f
T
H
E
E
Q
U
I
T
A
B
L
E
LIFE MORTGAGE AND REALTY INVESTORS, execut
e
d
a
c
e
r
t
a
i
n
a
s
s
i
g
n
m
e
n
t
unto TUE EQUITAeLE LIFE ASSURANCE SoCIETY
O
F
T
U
E
U
N
I
T
E
D
S
T
A
T
E
S
dated June , 1983, filed for record in th
e
H
e
n
n
e
p
i
n
C
o
u
n
t
y
Recorder's , 1983, an Document No.
and which assignment WAS registered in the Hennepin County
Registrar of Titlee office on , 1983, as Document
No. , wherein THt EdITITABLE LIFE MORTGAGE AND
REALTY
INvnTiJas, INC. assigned its interest in the 1974 Mor
t
g
a
g
e
,
t
h
e
1976 Mortgage and the Workout Agreement t
o
T
H
U
E
Q
U
I
T
A
B
L
E
L
I
F
E
ASSURANCE SOCIETY OF TUE UNITED STATES,
NOW TNEREPORE, KNO4 ALL MEN BY THESE PRESENTS, that THE
VONITAELE ASSN:VW:CC SOCIETY OF THU UNITED STATES
,
for
valunhle emli.leratio3 unto it paid al
the execution and delivery
hereof, the teceipt whereof ip hereby aclolowle
d
g
e
d
,
h
a
s
remieed,
released'eed quit-eleimed, and by those prouents d
o
e
s
raniae,
...se and quit-claim unto the owner or Owners thereof, the
...wing described real property, being in the City of Eden
County of Hennepin and State of Minnesota, to-wit:
•
That part of the West 172 .-of the Southeast Quarter,
Section 10, Township 116, Range 22, lying West of the East
330 feet thereof and lying Northerly of the following
desCribed line:
Beginning at the Northeasterly corner of Registered Land
Survey No. 1354, thence Northerly along the Easterly line
of the Northwest Quarter of the Southeast Quarter of
Section 10, Township 116, Range 22, a distance of 897.00
feet to the point of beginning of the line to be
described; thence deflecting South 49'38'56" West a
distance of 870.59 feet; thence deflecting North 63'19'31'
West a distance of 738.00 feet to the West line of the
Northwest Quarter of the Southeast Quarter of Section 10,
Township 116, Range 22, and there terminating.
For purpose of this description, the Easterly line of the
Northwest Quarter of the Southeast Quarter is assumed to
have a bearing, f North 2'50'38" East.
Subject to 'easements, restrictions reservations and
conditions of record, if any.
from all claims and liens of and under the 1974 Mortgage, the 1976
Mortgage and the Workout Agreement, covering the above-deecribed
and other land.
PROVIDED always, nevertheless, that nothing herein
bontained shall in any wise affect, alter or diminish the
aforesaid lien or encumbrance on the remaining part of the real
property described therein, or the remedies at law for recovering
from the parties liable to pay the same the balance of said
principal sum, with interest, secured thereby.
IN WITNESS WHEREOF, the undersigned has caused then
presents to be signed by its duly authorized officers this 41'
day of Juno, 1983.
THE EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES
By 7e7"----57
it.
STATE OF GEORGIA)
) SS.
COUNTY OF FULTON)
44, The {cxegoing instrument was ack miledged before me this
.11' .day,of Me. , 1983, by -nid ,/ ./.. 11.1.C.-- , th °
_....MCf.0.531.... of THE EQUITABLE ilFE ASSURANCE SOCIETY OF
TOK UNITED STATV.S, a Now York corporation, on behalf of the
f-S (e7-911. &7
Notary Public
Hy Commission Expires:
. Wag Public. Gearl ne. State at titre
*Cmtatastatt taws Dea. 27, istba
LIUDQUIST & mmum
4200 IDS Center
SU South EiOth Street
MinucApolin, Minnesota 55402
corporation.
THIS INSTRUMENT WAS DRAFTED BY