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HomeMy WebLinkAboutCity Council - 09/18/1984 EOM PRAIRIE • CITY COUNUll AGENDA : TUCSDAY, SLPIIM8:-.1; 18, 1984 ' 7:30 PM, SCHOOL ADMINISTRATION BOARDETW COUNtli r1MRS: Mayor Wolfgang Penzel, Plc hard Anderson, Geori., Bentley, Paul Redpath and George Tangen CITY COUNCIl City Manager Carl J. Jail le; Assistant, to the City Manager Craig Lawson ; City Attorney Pupae Pauly; Fiance Director Juice Crane; Planning Director Chi-is [flee'; Director of Comminity Services Robert Lambert; Director ol Public Works Eugene A. Dietz, and Rec:.irding Secretary Karen Michael MVOCAlICN: found 1 cn Gocriie Gentley PLEDGE Or ALIAT,IWO,E ROLL CALL I. APPROVE 01 AGEW AND OTHER ITEMS OF BUSINESS II. MINOTI:: 0/ THi Cl iY COUNCIL MELTING HELD TUESDAY, III Y 17 1984 Page 2023 CONSPN1 faFNDAR • A. Findir,g7. of No Significant Impact and approval of the Envirowintal Page 2035 AssessHicJit Pc : het for Andrson Lakes Parkway, I.C. 52-035 (Resolution No. W.-241) R. Order No. 2 for NW Quadrant of MCA Road System, I.C. 51-340A Page 2037 C. Flea) iLit approval for Treanor Cod Addition (Resolution No. 84-245) Page 203 ,s1 Page 204? D. Clev 's License list L. SUPEP P. HOTEL. 2nd Reading of Ordinance No. 43-84, Zonint Amendment Page 204.i in f- iiifliway Histrict, Approval of Developer's Agreement, for Super 8, cue! PaEoption of Resolution No. 84-209, Approving Summary of Ordinance No. 13-84, and Ordering Publication of said Summary of Sopiir 6, 7nning of 1.29 acres, Plat of 5.4 acres into one lot and one outlot. Location: East of Highway /169, North of W. 78th Street. I. MIN-la PHASE III. Rod Reading of Ordinance No.110-84, -toning District Page 2051 Amendo:ent within -2 Park District, Apprir,a1 of Supplorcent to Devekpor's Anrecment, and Adopt inn of P.:solution No. 81-249, Approving Surmtry of Crdinance No. 5044, and Ordurinq Publication of said Summary Min-lex III. 20.3 acres into one lot. Location: W. 70th Street south of Shady DC Reid. G. Aporoky Plans and Spoi:Jication aathorize bids to be received on Page 2068 Oceftiz 11 ai 10:G0 ior SinnTotTe: Laoe and Lden koad„.1.C. 52-011 (Resoluti(1n Do. ii.1-254) City r ;1 d - 2 - :Ues. ,iir c o 16, IV. PUBI IC HFARINCS A. TURNBULL._ Request for Preliminary Plat of approximately 15.28 acres Pages into two lots for Rural housing development. Location: North of 1532, Hwy. 169, east of Dell Road. (Resolution No. B4-175 - Preliminary 1626 & Plat) Continued from August 28, 1984 / 2061 • B. FALL, 1984 SPECIAL ASSESSMENT HEARING (Resolution No. 84-219) Continued Page 1680 from August 28, 1984 C. LANDMARK WEST by Landmark Northwest, Inc. Request for Comprehensive Page 1905 Guide Plan Amendment from Office to Neighborhood Commercial; Planned Page 2061A Unit Development Concept Amendment; Zoning District Change from Page 2061A Rural to Neighborhood Commercial (with variances), and preliminary plat of 7.29 acres for service uses (retail, 200 seat restaurant, 1 health club, fast food restaurant, and gas station/convenience store.) Location: southeast corner of Shady Oak Road and City West Parkway. (Resolution No. 84-229 - Comprehensive Guide Plan Amendment; t Res . No. 84-230 - PUD Concept; Ordinance No. 104-84 - Rezoning; Ir and Resolution No. 84-231 - Preliminary Plat) Continued from September 4, 1984 D. EASEMENT VACATION IN THE MCKINLEY FIRST ADDITION (Res. N . 84-246) Page 2062 1} F. EASEMENT VACATION, LOT 1, BLOCK 2, FAIRWAY WOODS (Resolution No. 84- Page 2064 247) F. LEARNING TREE/MINNESOTA TREE 2ND ADDITION. Request for Zoning District Page 2067 Change from Rural to Commercial-Regional-Service for 1.07 acres and Preliminary Plat of 5.46 acres for day care center. Location: Southeast quadrant of Prairie Center Drive and Valley View Road. (Ordinance No. 84-108 - Rezoning from Rural to Commercial-Regional-Service; Resolution }! No. 84-242 - Preliminary Plat) G. VALLEY ViEW PLAZA by Frantz Klodt. Request for Zoning District Change Page 2076 from C-Pegional to Office for 2.91 acres and Preliminary Plat of 5.22 acres into one lot and one outlot for a 46,000 sq. ft. office building. location: South of Valley View Road at Office Ridge Circle. (Ordinance No. 109-84 - Rezoning from C-Reg to Office; Resolution No. 84-244 - Preliminary Plat) H. RiQOIST IOR fii:AL ALEROVAI Or MUNICIPAL iNDOS1RIAL DEVELOPMENT BONDS Page 2086 . )'. IN THE C'•','rUNT Si,%00,000.DO FOR RIVETT A ROTT (SUPER_8 MOTEL) Resolution _! No. 84-2AI I. R1QUISI FOR FREIIMINARY APPROVAL OF MUNICIPAL INDUSTRIAL_ DEVELOPMENT Page 2092 BONDS IN THE AMOUNT OF 5850,000 FOR 1ORMAR INVESTMENT PROJECT ' (Resolution No. 84-252) Page 2106 V. L;,Y NL Of CLAIMS NOS. 15830 - 16032 VI. REPORTS DE Al;VISORY COMMISSIONS ( VI I. PETITIONS, REQUESTS & COMMUNICATIONS A. VANTAGE. Request for Preliminary Plat of 56.25 acres into three lots Page 2112 .41 and three outlots to be known as Golden Strip East. Location: North of I-494, west of County Road 18. (Resolution No. B4-243 - Preliminary Plat) City Council Auenda - 3 - Tues.,September 18, 1984 B. Request for Liquor License for Three Beez II at Eden Prairie Center Page 211E C. Lutter from Hidden Ponds 11 Homeowners Association Page 2119 D. Reuue4t for com.optual approval of financing methods for elderly Page 2125 and fondly houviug prolect at northeast corner of Co Rd 4 and neY. 5 VIII. AnPOINMNTS A. Appointment of CDBG Planning Area Citizen Advisory Committee k,.tpresentative (ResolUCion IRT.-/T4-23)- Page 213i IX. REPORTS OF OFFICERS, BOARDS 8 COMMISSIONS A. Reports of Council Members B. Report uf City Manager 1. Agreoment for Architectural Services for City Hall Page 2139 C. Report of City Attorney D. Report of Director of Comunity. Services 1. Needs Assessment Survei Page 2IrJ 2. 1984 LawconILCMR Grant Application Page 2142 3. Bridnes for Staring Lake Bike Trail Page 2143 4. Approval ofgrant application for Grill House Restoration Page 2144 Study E. Report of Director of Public Works I. Award contract for Anderson Lakes Parkwax, 1.C. 5?-035 (Resolution No. 84-240 X. NEW BUSIN!SS XI. ADJOURNMENT. 1 1, UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL Tili Sit(;Y, JULY 17, 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM CITY COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig W. Dawson, City Attorney Roc' Pauly, Finance Director John D. Franc, Plannir: Director Chris Enger, Director of Community Ser- vices Robert Lambert, Directof of Public Works Eugene A. Dietz, and Recording Secretary Karen ' - ? Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Councilman George Bentley was absent. I. ?\PROVAL OF AGENDA AND OTHER ITEMS Of BUSINESS The following items were added to the Agenda: VII. A. Appointment of a Health OUicer; VII. E. 1. Agreement with MAC fora Leaf Compost Site and Rininc Arena; and II. K. Edenvale 19th. --- The following item was continued to the August 7, 1984, meeting of the City Council: 11._ H. RIDGEWOOD WEST 4TH tv_Centex, ti.. EMOTION: Anderson sieved, seconded by Tangen, to approve the Agenda and Other Itecs of Business as amended and published. Motion carried unanimously. The Mayor stated he would be unable to attend the regularly scheduled meeting of the Council on August 21, 1984. The consensus was to reschedule that meeting for Tuesday, August 2F, 1934. MOTION: Redpath moved, seconded by Anderson, to rove the regularly scheduled meeting of the City Council from Tuesday, August 21, 1981, to Tuesday, August 28, 1984- The meeting will be hold at 7:30 p.m. in the School Administration Boardroom at 8100 School Road. Motion carried unanimously. 2( City (. ,uncil Minutes -2- July 17, 1984 it. CON',ENT CALEND4R A. f( !nvale Roulevard and Valley View Road Right-cf.-Way Fxchdnge • 1 B. iwtove plans and ,pecifications for lift station and force mdin at it opening date for 10:20 a.m., August 16, 1984, 1t1.._5?-062 (Resolution No. 84-183) :1 U. Receive Feasibility Report fur Valley Vicw Road realign,-ent, Golden lriftjle Drive ond West 74th Street adjecent to N,Jr,emen's 6th Addition, and !,et Public Hparing for 7:30 u I August 7 till, 1 132 1) 5 ieuolut. OiNo. 34-170) D. Set 142aring for vacation of ea5ement in Fairway Woods Addition tor i:30 August 28, 1984 E. Set Public. Hearing_for excess right-of-way and eilsement vacation in Ridg(7',.!ood West 1th Addition for August 28, 1934, 730 p.m. F. flooluton derlaring costs to be zssessed and ordering_preparation of proposo6 H cci jilts.,essrdent Roll ;Ind set Public Hearing date for Augw,t. 28, 39P4 (Resolution No. 84-180) G. TAP, 2nd Reading of Ordinance No. 19-83, zoning district change froh., Rural to Cowercial-Highway for 1.6 acres and adoption of Resolution No. 81-179, approving development pl3n. 1.6 acre restaurant at northwest • corner of Highway 169 and County Road 4 (Ordinance No. 19-83 - rezoning and Resolution No. 84-179 - Development Plan) IL 3114GEIAJ00 WEST 41-0 by Centex. 2nd Reading of Ordinance No. 42-84-PUD- 7-R4, zoning district change from R1-13.5 to R1-9.5, approval of Developer's 4 Agrety:ent for Ridgewood West 4th Addition, and adoption of Resolution No. 84-161, approving Summary of Ordinance No. 42-34-PUD-7-84. 8.85 acres into 30 lots. Location: Cumberland Road al Wellington Drive. -- con- tinued to August 7, 1984. I. Authorization to participate in the Seven County Fire Do.partment Joint Power, Piirc1R-ising Gonr„ortium and agreement for paritipation With the City o St ul in joint purchasing (Resolution Nos. 84-181 and 84-182) ,I• J. Set. Puhlic roaring to vacate snow fence eas,•,ment on Feedr's property_for August /, 1344, 7:30 p.m, K. LDINVfIF 19TH ADD1TTON. 2nd Reading of Ordinance No. 41-84, zoning district c.luify, from Rural to R1-9.5 for 9.15 acres for Edenvale 19th Addition, by Edon Prairie RyPal Estate investment, approval of Developer's Agreement for Fdonvale 19th Addition, and adoption of Resolution No. 84-158, approving Sunu:hlry of OriHance No. 41-84, and ordering publication of said Summary ii of ldonvale 19th Addition. 9.15 acres into 17 single family lots. location: ,T Ederivdlo Boulevard at Woodland Drive. • • City Council Minutes -3- July 17, 1984 9TION: Anderson moved, seconded by Redpath, to adopt items A - G and I - K on the Consent: Calendar. Motion carried unanimously. • III. PUBLIC HEARINGS A. SCENIC HEIGHTS by Kerr Companies, Inc. Request for zoning district change from Rural to [f1-9.5 and preliminary plat of 9.5 acres into 20 single family 5 lots. Location: southwest quadrant of Scenic Heights Road and Red Rock Road. (Ordinance No. 49-o4 - rezoning and Resolution No. 84-176 - preliminare plat) Assistant to the City Manager Dawson stated notice of this Pubiic: Hearing had ba_aen published and property owners within the project vicinity had been notified. Bob Martinson, project director for the Kerr Companies, and Jack Lynch, engineer, Westwood Planning and Engineering, spoke to the request. Planning Director Enger said this matter had been reviewed by the Planning • Commission at its June 25, 1984, meeting at which time it voted (3-1-0) to • recommend approval subject to the recommendations included in the June 22, 1984, Staff Report. Enger noted Planning Commissioner Torjesen had voted ,rgainst the proposal because he felt it was a misuse of the 9.5 zone. • The Parks, Recreation & Natural Resources Commission voted to recommend • approval subject to the recommendations included in the Planning Staff • Report. Redpath asked if the 9.5 zone had ever included a maximum house size. •(?. Enger explained that a floor area ratio was used -- this was 1522 for a '. single story house and 25% for a two story house. Fenzel asked what the depth of a 9.5 lot was. Enger said 100' maximum. Penzel recommended the pavement be extended to the westerly property line with a sign indicating this roadway will he extended at a later date. Martin- son gave reasons why this should not he done. Penzel said he felt strongly that utilities and the street should go to the property line. • • • MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 49-84, rezoning. • There was discussion as to just where the westerly connection should be made cue to topographical considerations. Tangen suggested the Engineering • Staff and Planner investigate solutions -- both aesthetic and geological -- prior to 2nd Reading. VOTE ON THE MOTION: Motion carried unanimously. • • •• • • • City Council Minutes -4- July 17, 1984 MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-176, approving the preliminary plat of Scenic Heights for Norman Kerr. ( Motion carried unanimously. • • MOTION: Tang:n moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations and '` that Stuff work with the developer prior to 2nd Reading to determine • the possible extension of the road and utilities to the westerly ' ' property line with the understanding that any extension to the west will be paid by the developer. Motion carried unanimously. • B. MiN--TEX PHASE III. Request for Site Plan and Zoning District Amendment for 18.9 acres within I-?_ Park District and Preliminary Plat of 20.3 acres into one lot. Location: West 70th Street south of Shady Oak Road. (Ordi- nance No. 50-34 - amending zoning district and Resolution No. 84-177 - pre- liminary plat) Assistant to the City Manager Dawson said notice of this Public Hearing • had been published and property owners within the project vicinity had been notified. Bernie Frye, proponent, addressed the proposal. Director of Planning Enger stated this request had been reviewed by • the Planning Commission at its Juno 25, 1984, meeting at which tine it voted to recommend approval subject to the recommendations included in • the Jun; 22, 1934, Staff Report. ' Y Director of Public Works Dietz reported that some modifications had been rands to the retaining wall which will be further refined between the 1st and 2nd Readings. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 50-34, rezoning. Notion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-177, approving the preliminary plat of Min-Tex, Phase III for Min- Tex, Texas General Partnership. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to amend the Developer's Aurec:ucnt as per Staff reconaiendat:iorrs and to make further refinements in the retaining wall prior to 2nd Reading of the Ordinance. Motion • carried unanimously. City Council Minutes -5- July 17. 1964 C. TUhNRULL. Request for Preliminary Plat of approximately 15.28 acres into two lots for Rural housing development. Location: north of Highway 169, east of Dell Road. (Resolution No. 84-115 - preliminary plat) Assistant to the City Manager Dawson noted this meeting had been announced in the paper. John Turnbull addressed his request for a division of his property into two lots. Director of Planning Eisler said the Planning Conrnission had reviewed this r>quesl- at its meeting on June 25, 19S4, at which time it voted (3-2--0) to rccen:rerd approval subject to the recowendationsincluded in the • ;tuff Report of June 22, 1984, as amended. Dinuctor of Community Services Lambert said the Parks, Recreation & Natural Resources Coacirission had recocureided approval subject to the Planning Staff Report with the inclusion of a scenic easement on beth lots. tam- bent noted that the Coumiiscion did not realize that a scenic easement was possible only on one lot as Turnbull no longer owns the second lot. Reepath asked if there had been a resolution of the road access problem to the east. Turnbull reviewed the roadway. situation. Fnger said the road is narrow and, according to Terry Douglas, is sometimes blocked. Rodpath seid he felt another house on that roadway would add to the prcbleas the easement creates. Fenzel inquired as to how the house could have been sold when the lot was not split. Director or Public. { Works Diet: indicated the County will accept a deed; the City cannot control the filing of deeds. The City's leverage comes at a later date when there is a split: of the taxes. Sales can occur, but unless the City approves the tax split it makes for a difficult, but not impossible, situation. Dick Feorick, 6518 Lcpsborough Avenue, spoke on behalf of the proponent. Anderson asked what will happen if the Council keeps on raking variances within a particular area -- the variances would become common place rather than granted when a hardship is shown. City Attorney Pauly stated the vrriarrues hecomo the rule rather than the rule itself; it becomes a contest. • Redp<,t:h noted tlrat Staff had made three recermuerrdatiens regarding the road. He asked what is being done to this road. Enter said Staff felt it best no;. to create a worse situation; the Planning Commission was persuaded that nothing was necessary. Redpat.h noted that the City Council had dis- cussed extending Beverly Drive. Darrii Petersen, 18700 Flying Cloud Drive, said he felt the Council was making a siountain out of a mole hill. Feerick asked if Sintf could review this and make recommendations without makin:; large iugrrnvumenta to the rood. Redpath said he felt that in exchange '`' for a varience. the City should get a hotter road. Turnbull said that he and Allis Invn r inured the road in the p,,st month and had spent: about Si,t100 Ion gravel for the road. City Council Minutes -6- July 17, 1984 I'enel asked the City Attorney if the City could act on this because the road is a private easement. City Attorney Pauly stated this: could be ` acccuplished if and when the owners can in to plat the property. langen expressed concern regarding the person who lives on the ten acre • parcel. Lager stated that owner was nut notified of the hearing because Turnbull is the owner of record of that property. Pauly said the City is not aware of what. form this sale has occurred. Tangen said he felt the owner of that property should appear before the Councii before the Council takes action, Turnbull said there is no problem with the road dedication -- no one should object. Director of Public Works Dietz said p' the City does not want to maintain a gravel road. Penzel suggested the City attempt to get all the neighbor:, to ethva to commit to a road and to have the buyer of the ten acre parcel present to discuss the ramifications, Engler noted that the buyer of the ten acre parcel is really a party to this. Tan en rcconmended the Public Hearing be continued. N,O1108: lrngen moved, seconded by Redpath, to continue the Public Hearing to August 28, 1984, and to instruct. Staff to contact the purchaser of the ten acre parcel as well as those to the east and west of the Turnbull property regarding the easement the City has in mind. Motion carried unanicously. D. HOUSING REVENUE BONUS IN THE Ab ruNi OF P2,750 090.00 FOR EDEN INVEST- MEWS PARTNERSHIP Tr aNVA E APARTMENTS I1) :Resolution No. 84-178) Assistant to the City Manager Dawson said notice of this Public Hearing had been published. • Dan Nelson, Holmes & Graven, bond counsel; and Ron Kelner, comptroller representing Eden Investments Partnership, were present to address the request. MOTION: Redpat.h moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. M-178, adopting a housing bond program for the issu._r•cc of multifamily mortgage revenue bonds and authorizing submis- sion of same to the Minnesota Housing finance Agency. Motion carried unanimously. F. LthEMFNT VACATION, TAMES RLFRICL.RATiON Director of Public Works Dietz noted that the applicant's title opinion people had reviewed a sanitary sewer easement document and incorrectly concluded that it involved this property which resulted in a petition for a vacation herring. The notice for this Hearing had already been published when the error was discovered so this item had to remain on the Agenda. There is no easc'ms-nt to vacate: no further action is neces- sary. MOTION: Tangen noved, seconded by Anderson, to close the Public Hearing. Motion creed unanimously. City Ce.rreil minute; -7- July 17, 1984 ' F. EA Si. NI VACATION, Le'AR', n.DDITION (Resolution No. 84-186) it:: Dirctur of Public Works Dietz reviewed tire reason for the easement ' vacation. There were no comments from the audience. , . MOTION: Tamgen moved, seconded by Anderson, to close the Public Hearing et and to adopt Resolution Mo. 84-186, vacation of sanitary sewer easement witi;in Lots 1 and 2, block 1, Le Pare. Motion carried unanimously. C. l:t ElifPlf VACATION, NORSCMFN'S 6TH ADDITION (Resolution No. 84-187) Director of Public Works Dietz reviewed the reason for the easement vacation. There were no comments from the audience. i;OTIION: Anderson moved• seconded by Tangen, to close the Public hearing and to adopt Resolution Nc. 84-137, vacation of Valley View Road right- of-array from the west line of Valley Place to approximately 300' westerly. Motion carried unanimously. ` A. Iv. PAYilWNT OF CLAIMS NOS. 14719 - 1090 . MOTION: Redpath moved, seconded by Tangen, to approve the Payment of Claims Nos. 14719 - 1090. Roll call vote: Anderson, Redpath, Tangen and Penzel voted "ave." Motion carried unanimously. V. REPORT; OF ADVISORY COMMISSIONS A. Report and recommendations from Huntir,g_Zone Committee • Captain Keith hall was present as were members of the Hunting Zone Committee. Mike Farr and Dave Netz, committee members, responded to questions free the Council. Penzel asked if it was true that the Kurver Farm was included in the hunting area. Farr said it was not. Penzel asked if allowing Mike Fame- to continue to hart for one year on Mitchell ,-ate was a legally defensible position since it singled out one indi- vidual. City Attorney Pauly said the City has singled out or made special arrangemonts in the pact to include people and/or areas. Singling out a single property owner is more than the City has done in the past. If someone else wished to apply fur a permit, then a precedent right be set. Penzel said he was concerned because this states that. one property owner on a public lake has the right and Penzel felt the City might have some local obligation as a result and ,has concerned about the precedent which was being set. k City Council Minutes -8- July 17, 1984 }'enfet questioned the use of slugs. Carr indicated that people who hunt the river bottoms do su in limited numbers; there is a lot of. cooperation from the property owners in that area as to whom 011 assure the safety of the hunters. Redpath asked Sever Peterson how many people use his property for deer hunting. Peterson said there are 3 familierr, with a total of 14 hunters. • Anderson said he had received information regarding the controlled hunts • which are hold in the Bloomington and Burnsville river bottoms. he noted there is a definite over population of deer in the river bottom area. as • well as a high kill rate on TH 5, 169, and I-494. Each of these carldeer accidents results in about $11,000 - Si.,500 damage to a CO' along with the death of a deer. He said that if we don't have hunting the deer pop- • uiation All become even nr,re unmanageable. he indicated he would like to see controlled trioting allowed for that reason. Penzel said lie has a problem with the definition of controlled hunting. Captain Wall said it would have been his decision to deny the permit for Mike Eames because of the development on Mitchell Lake. He said • he would recommend a 1,000' buffer be considered. He said he would like to examine the safety issues and that what constitutes a controlled hurt should be reviewed. Wall said the practicality of shooting in an area shore there are 22,000 people should be looked at. Ed Crozier, Director of the Minnesota Valley stational Wildlife Refugo, indicated the Burnsville shooting ordinance does provide for a controlled hunt, the liloorningtnn ordinance is not as specific about shooting in the river bottoms. He stated Eden Prairie will have a severe problem if no hunting is allowed. He noted that the Wildlife Refuge does not have enough land in Eden Prairie to conducted a controlled hunt so they do • rely on the private landowners to du the hunting. Penzel asked what is rr ant by a controlled hunt. Crozier said the area is divided into zones and a. lottery is conducted by the DNR. There are portable tree stands so all shouting, is down "doneward." Bow and arrow hunting will he allowed in areas where it would not he practical to have guns. A two-day hunt is allowed and all hunters must attend an orientation session. • Pen:el asked City Attorney Pauly if he had a specific recommendation regardis what hrs been proposed. Pauly said he had no recommendation as to the sub- stance of the proposal; he said he had an opinion which is probably not a legal Dana -- he indicated there is a problem with the deer population and he considers it more ethical to allow private hunters vs. paid hunters to do the job. Mike Eames said lie was not the only hunter on Mitchell Lake but the others are no longer living on the Lake -- he has hunted on the Lake for 32 years. lie noted that access to the Lake is limited. He said he is only asking for the privilege to hunt for one more year. • ( k 1 City Uooncti i!linutes -9- July 17, 1984 * Milo St said he has hunted in Eden Prairie since he was ten years old. he has hunted with the same group for 20 years. He indiclited that all the hunt!, are directed end he has never had to chase a deer across lie said the question is would the City rather have people who have 1 hunt,..i see area for 20 years do the hunting or would it rather bring in professionals who are unfamiliar with the territory. ith(k!psini said under the proposal the City has the .-hility to control • 1 hunting. He said he woo Id hope that the City would (rive the Public Salefy Hepgrtment the right to look at this along with tho Dir.l and other pert:hen'. a,Jencies. . .., Doi.!Hl Peterson said he owns 250 acres across T111C.,9 from the river boLtoi,s.. lie indicated there is a dnor problem in his corn fields and he would like to have this area consider ' as a hunting area also. , ,t Pert itoternitn said deer are a grave concern. He stated he has been a quit safety instructor! and he felt the Comaittee eight have overreacted to the '.:Joty issue. He said the number of people who are hurt in hunting ancide;its is low for the number of hunters. He said the hunts on the Peterson property in the river bottwis area is one of the most perfect situntions in which to hunt -- the people arc good sportsuen as well as need hue tore. . . i. t.: Clack Dimler, farmer and colleTioe of Seven Peterson, said he farms in Oinn, lrista. He said there were controlled hunts on Henneoio County ... prk property in Carver and eastern Hennepin counties. He said the County no longer has the hunts ard es a result he has a 300-herd deer popeulatien on his 500 acre cornfield. He said he is com:erned about the safety on the highways because of the increase in the deer population. He posed the question as chat might be done in Edon Prairie 41 . i... to avoid the prohlems presented if controlled hunts are not permitted. ., ..,. Sever Peterson said there are soave rreative solutions to this. He said he has a licensed piece tare in the river bottoms area. lie reviewed his holdings in that area. He indicated there are 200 acres of property set aside for waterfowl: an attempt is being made to create wetlands. He sgid he would be happy to work with the [den Prairie Department of Public Safety, Tancleo said he had not hoard of any problems which have been created by lame!, hunting on Mitehrli Cake or by the controlled hunts, MOTION: Tangen moved. seconded by Poch-lath, to accept the recoanendation .. of the lInciting Committee and to instruct the City Attorney to draft an ' ..4. Ordinmeo ircorporating the recommendations of the Committee. Hike Fames will I,' allowed to hunt on Mitchell Lake for the period of one year. It in, recomitiended th.it slug shooting lc allowed to continue on the priv,rato loi,d,, ,-.c.,ith of Ilil6d; definite criteria is to be established ...t ; for intlin-jen it, the Ordinance and/or Resolution relating to policy ,•,. fnr controlled hunts where owners of private property arc in attendance. ., , ic k Motion c„rlied unanimously. .. e .. . , Hedoth c,‘,:o.i,n.led the Corfmittee for its work on a "touchy' subject, City touncil Minutes -10- July 17, 1984 D. Peport from the Human hi its & Sr'rvicos Com)ission regarding the Child tareitio , f Director of Community Services LarT)ert called attention to a memoranduul of ,hily I?, iditi in which the issue was addressed. Pentol said the Human Rights ii Services Commission is to be thanked for its resnoase and work on this issue. VI. PIIITIONS, PFOUIST & COMMUNICAjtONS A, ft(most for Council to review tho Deard of ApiTals & Adjustments decision on David fnaewn Lot Size Variance and set Voblic Heariog for Anonst ?8, Ict84 Tanen moved, seconded by Anderson, to set August 2e,, 1984, as the data For Ho City Council to hold a Public Hearing to review the Board of Appeals t, Adjustments decision on David Urea n Lot Size Variance. Motion carried unanimously. '4 VII. PEPOPTS Cr: OFFICERS, UOANJS S COtI,SSIONS • A A. Peourts of Council Members •1 1. Airy'ca.,mL of a Health Officer Fenzel announced that iredte-ic Ekrem has isived out of the City and can no longer serve a.; the City's Health Officer. MOTION: Pedpath moved, seconded by Anderson, to appoint Dr. I'aido ,ar 1 . Cruz to the post of Health Officer for the City of Eden Prairie. Motion carried unanusly. 2. Petition from Carmdy Lane residents (attached) Director of Public Works Dietz noted that he had spoken with the Carmody Lane residents who airy reuesi.ing a "Slow Kids Playing" sign for their street. Dietz noted this creates a false level : • of secority and suggested a solution might be installing a "Dead rnd" sign instead. 3. Peguest for signalization 'mad l said the City has received requests for sigodlization of the intersection of Prairie Center Drive and TIi16d. He noted that Mn/DOT has had DFMs report. for about 3 weeks and the City has not heard anything. He suggested the City cart to to Mn/DOT again. MOTION: Anderson nived. seconded by Tdngen, to direct Staff to write to MajiTT to request action on signalization of the Prairie Center Drive and TH1A9 intersection. Motion carried unanimously. • (?) July 17, 19J4 City (.vuheil Minutes -11- h L e gr ' . i 1i'i� t_ of City _. _.. 1 1. Peco end_aiun of Architect for new City Hail It Assistant to the City liani er Dawuon spoke to his nen,oranduni of July 12, 19T1, iri which tie matter was addressed. MOTION: Anderson moved, seconded by kedpat.h, to authorize Staff to V ner�,tiij�e an iar:._,i r,t for architectural services withc tier, Leach &. Lindstrom with the initial fees for programming and preliminary design not to exceed $30,000. Roll Cali vote: Andersen, !iedpat.h, Tangen and Penzel voted "aye." Motion carried oneuimously. C. Rented. of City Atterrrey There was no report. D. Report of cl i eector of Nb i c Works ]. Re}orr f.r Anderson Lakes Pr re'uright-of-way acquisition Director of Public Works Dietz noted his memorandum of July 13, i92+, in which this issue was discussed. MOTION: Redpeth roved, seconded by 'odersrn to direct Director of Pu.:iic borks Dietz to proceed as optlined in his memorandum: • ]. The City would review the right-of-entry form to indicate that if it does not receive donations firee: all of the property owners, that any individual right-of-entry form would not h. valid; 2. These righted-entry forms must be recieved by the City by July 20th; and N. 1f the City has not received the right-of-entries front all properties by July 20, it will postpone the hid opening • indefinitely so that. right-of-way acquisition negotiations can • proceed. Notion carried unanimously. F. Report of Director of tci;lmni i] Service j 1. Agtoement. with MAC fir_ a Leaf of Cnw st Site and Rictinc_Area Director of Community Servicac; Lambert reported on the proposed aoerrnznt with MAC for a Leaf Compost. Site and Riding Area in a location siut.h of Pioneer Trail and east of CSAH 4. He asked the moot i i to approve the license aqr erreiit and authorize the City' Attorney to dr r t a sublease with the County for the Leaf Recycling operation. There was •-o e discussion as to what should be charged for the leaf rscar.. ne, site.. lambert noted the City pays MAC $556.80 for the r.,0 acres ii leases. v ,de MOTION: Redpath moved, s,rcnncicd by Andersen, to approve the ,t J lire aereerut witn MAC and authorize the City Attorney to l drait a suhleat.. wherel)y the County would lease asc an area for its I e r i Comp etd Site for Sabo ;'rue year, Motion carried unanimously. i 1. City Couhcil Minutes -12- July 17, 1984 Vi i 1. 12. • Pc..zil called attontion to and congratulated Councilman Redpath on being Chawtw.r of CcuncrCo member of the month. Ix. Ai).30UP :',,,,N1 Andyrf,(,n moved, second by Tongue, to adjourn the mmutiny at 10:4S p.w. Motion carried unanic.onsly. , It. • T,• • CITY OF EDEN ERAIRIE HLNNEDIN COUNTY, VJNNESOTA tl RESOLUTION NO. 84-241 • RESOLUTION ARPROVING THE ENVIR0NMENTAL ASSESSMENT WORKSHEET FOR ANDERSON LAKES PARKWAY (1.C. 52-035) TO 1D6 TO NATCHELL ROAD 018585, on ihe behalf of the City Council of Eden Prairie, the desidsntod Resi:essinle Governmental Unit, Bennett-Ringrose-Wolsteld-Jarvis Bardnor, Inc., has prepared an Environmental Assessment Worksheet for the following re, ro..,d4,-;y consiTuction, to wit, I.C. 52-03t-t, Anderson Lakes Parkwy - TH 169 is Mitchell Road • crud has resontod the Environmental Assessment Worksheet to the Council for RIll approval: NOW, T HEULI E, PR IT RESOLVED BY THE ciry CODNDIL OF THE CITY OF • t011N PRAIRIE: • 1 in Fnviroamental Assossmant Worksheet, a copy of which is altashad hereto end nods d par/ hereof, is hereby determined to odequately address the ift-Tncts of the project. 7. The SO-doy comm•ont period which cc,osn,riced on July 16, 1984 ended on Aui;ot 15, 1913A. The comments roceived indicated thot no adverse rt-: virohecntol irTacts would result iroin the I Cort,:in cousirnelion practices and procedures wi-re leco,mynn,d tc, minimize impacts on fish and water quality in Purgatory Creek. • _ 3. Given that ho significant environmental impacts w. oari-- o the project, it is hereby deletinined lhat no enyiron- impaCt stale-neni is required. 4. A CC:1,y uf this resolution shall be ferwai-ded to the Lnvirobinyntel Quality 13surd (i_Le) and lo all others receiving copies ot the EAW. Ths decision of the Cif,/ Council will also be published in the E9b Meniler by virtue of notification of the Fyb. PDOHAD by the Eden Pro vie City Council on Scoicn..bur 18, l984. Wolfgang H. Penzel, Mayor AlltS1: SEAL • John P. liana, ci&rk. ... .l. r.: ..' .:1?.,. CHANC.F. ( NC). 2 • :Iliac 15, lli.'14 - .• .. ,,.. 1,;0,lilrl.:1: V.illsy V h w P oad S.A.P. 1M-110-'31 arrcl I. 51-31a1A hoo$,cr 11,,..,-!.. S.A.P. IS1-111-'.11! alrsil.l..... 51 lll,11IA Toii.'iow ll. d 1.C...51-1",!JUA . .,.. 11,1:M File No. 501933 Is). Ric hurd Knutson, Inc. : - You a-,.. cilae.-te,.! to inall.:e ilu- following el...);.;es to yourC()I,I1 ,..::t it)r the ,,':i0VC- I.-1(..I,..1.`.:::,.!pi uff"Cl... 1,:, tti.n. 01 tic cll.: iiz.: liqm No. . Grar.lin ancl base west.; re:qui:et! to coastruct the.is.k.nd 1per1in,8 and turn Lions at Station L.!5-.ri3 OD V:ii{-,:' V.1:,.,, Pead. T1-1, cost to • ii.1, p,_u for;;; tills 'Anil< is ;ell-crud in R;chat:1 ltdritsori, Joe. Exlia Time ;ind ld,it011ai 7Ork Shout i'i I 01(,. (I,tt:arl,,c1) • . ...'.. hurls No. 7 Storm? sev,,....r revision due to the rulocalion of the. interi.,:i'ction of ... V.:.11ey Vit'W P.C)dti,Iild !Th2.-4,-.", pflYr. rh(' ilcr:-.c.<-*-tier, w,--is filOW'd from 7 .rri Station ,1101:3.12 (11 (l',. west to St;diein .5lr+6.5.6.3 i (•i--.. ;:f ler iiat,allation of lie storin !•-cwo s,.,.:-lora. )i.? cost ,to pel form this v.,ork is . '.'.• rcHec:e.-1 in Richa:.!.. 1....1i,o. ..:.:1, 1n... Extra Time and Material Work SI wet s !,I I r.;S2 ;:a id 1611). (A • llem Nci. 3 F.Nten..ion of ey.istin, 'el" ...vat...';ruain service at station 5.z.)499 on Volley View Road at Plaza Dri.o.• 1q:' the l'actou Outlet Corder. The cost to . ,,.... rc.:1f)rin this v.,o.l. is r,:':;0-..1,!(.; is: Ii..i.Cfttlil KnU150:1, Sue. Extra Time and Mot:_,rid Weds Si,t..e. i :LiV?. (Ai t.i_.(71.cci) Porn No. li A rldi tiorlal sii,Tring required to re'.iisior.s of ro:rdsoys. Sr letter from Riel,ard knur.sor‘, Iv- dated Sst;f:n)tier 2.?1, 1983 seeking . .. .. . cr:' perisatioTi he this ii,...:erial. (Ai i.selat'd) l':,:-, NC. ) CI!mu in 135 linear foal or li" '....a.terii.ain servile ,:d station .51460 `,,,?..Dr, (,i1 Volley Viaw Road. Roil juirit pipe was installed in lieu •.:,.;.• Of sl,aid.i d F," 1).1.P. Cost el .11," full joint pie liodalled per linear l0..1, 1';'?"3.51-1. .H 1:-:., 1,1, c., A,J..1'.'j,7.:,.1 ,,, ;.:w. irt.c! ,..--...<•;].:,.k pi . .; ..! n,g Vrd;.,y View Rood. See ,•; le.,, ,.f. 'dom Pich..rd F.tieefl, Itc,-.. (1, 1,,..! 1-) ,(e.T11)t.r 20, 1983 se(!1;ing . , (.m:; :'•i,5..--i Lk ,`;er worl i,,ri to;11-,,.d. (AI 1,!•:11.,-',1) .., Tn;-.1 c,sir 1:er:. No. 1 $ 1,336.2.5 •1..ea. 7•,:,7, .' $ 4,9(+1.00 ir,, , ,..::. 1 $ )9 ..)0 I'..' 's.L, I; $ 1,-21...2,00 ( I. ,-,, Fr. ) ..- u N.-. r", !:,1 I 7,,r22.50 '.:.: 1 i • . 7i,,'lil.•Tit:rorr. . • • c , l'o. oi No. I Thii,-,vo •-0-i,i; v. ,regtif2stf•cl by the pi ope[ty 1.,111 y, ,(1" 10 SlIly„osiditio•L.II a(r(-.,, to t71,,leVeicyc-ci pi(,jorty oil riiiitl side,)1 V(Iliey View iii No. 2 The letei io...-tiori of l'hai•m.Olive with Valley Vi•.-••(.•Road (('OS moved ,sit :37.) foe., rot to r,00idir.atc with tii, pi 0,io..ed if:vc.loiririerit of the Foolery Colt(:crter. 'fle i[ii.J... tiull i•_•locati()11 i•.-_-,erred dfter . i•istalh2tho.,of the stone seer sTerii rcquiliug,[cle.-,•.ticir, of ctcT lid:•iits. i :•,:. i(t. \.,.•:!.!, rx,.;•ridt:d lo sopi)i)' e.ci,-.....tditional w...11(..r l‘t.-;vice to 1.1w l'actury Oatlet Ceiiler. . .,..,.. !len,No. 11 f,...iditicyw! :-.; ill'; ‘,.,L.'.... I,..,:p.1hod c!...it.. to 1- ...• .,-,,...1(iiii,);1-I ir..-1,-111,:: oi:,-mi.:re, -. .,.. ne, 'LIFO !,,-,,..:,,i,`:•,7 I 0.,<,/i Iil Item TY I ,;,,i ,h:,,....,,,_••5 j_i,11,,Co•IS'ii LiCji0ii of ' f•c.. i'l.; i ;_)!iv,..,.e05.1. of Prairie Cr:ri-,,,..-,- ['Hive. There is p.01,..'nti.-.31 re7., 1,..),,,;:,-1,1-ill(..,_.•:siAr":1ti,-.,ii of ,...;ils beileatli the.st• • la services. The cliolv-.,- to doll joint pip:: will iric-ie,....se the •iii)ility of coed ••••,(:rvice to ,.villist,ild L.ettl,,,ii.[•:!it. . •:•.:', . ifd,. ( The r.,[ciiii::irir.1 idols artc[ w.--,rd ..as clOr'.,`Up1,11 rt.' l1(_“.1 of tile City . . It IC ,-1 f'rrii:it.7, FlIr:lilt",,I k;17:',, ,:r ion!. Tiiiii, iovolvc•ci iiistallatie,n o[ ;-.4,[1•.ioir:ti siji,,ns a lorre the V.-tilo) Vi.l'..' F,',7%.1(i portic,ii of II.L.: project. f Soaiiii,,iy ccl C-e;i:[.., tor 1\diiista[c:nts: Co;01.ict .,Vri.,iiiit Prior to <his Ch.---.1,F,e Order $ 2,013,042..5S ,,,.. P.‘...;,i1Iiilf:ficvn 1.?-•.k C-..h.litu (...)t (..r $ 26,760.25 C•riclit C:oii tt art I,iiicitirit including this Cli,,rij;(- Order $ 2,059,S02.S3 . , , r. RIKtc.: 1'.7%.[ I,'C'o. 1 ,.,[11_1.1:1::: ASSCICiiiiThiS INC. ,,----1.7 / // ...------) //7 ., -' 1 V: 77' ';'''''-?- '-.7-....--.' :.,•,: /„.. ,-•-•-' (7.-2,1. 4-, -',,...) '''t-j, 7 . - TH. .,,,',0..,.•("j, )i.c•-.. ...t(.. A-c.cr,: •:‘.: :.1C11/..1C,) IC[\i'l i f'+‘: N, INC. CITY OF liDF.N 1`1,Z.,,[RIF, \IINNES(..)TA ,9---- • ... Pi : (A)/ 4T:•°• -7" (•// 74 ,----- C.,77. BY: _ — ,. . / -/ •,•% 1).,IC: f: . • ',r i -' ',' I/ Date: — -- -----— f cT., f • • !,eptnr•',ber 18, 1984 CITY OF EDLI1 PRAIRIE •;y 4IL05LP1N COUNTY, MINNFSOTA • RESOLUTION 84-245 10 SOLUTION AK-ROVING FINAL PLOT OF IRLANOR 20O ADDITION WIT SEAS, the plat of Treanor 2nd Addition has been c1h1lted in a anken- required for platting land undcr the Eden Prairie Ordinance Cue cud undt,r Chapftr 462 of the Minhe.,,otP Statutes and all proLuedings haYe bL211 ddly had t:-,ercuuder; and WIILOLAS, said plot is in all rn,_.pects consistent with the City plan and Lhe re(;ulatic)ns ond rEquiremf.-nts oT the laws 01 the State of Minncsota • ord:.-erKL.s of the City of Eden Prairie. IHIREFORF, BE IT RESOLVED CV THE CITY COUNCIL OF THE CITY OF [DIN PRAIRIE: A. Piat ap:Jovel request for Treanor 2nd Addition epproved upon co::-Iplince with the rocounendation of the City En9incer's report on this plot dated 9/14/84. 9. That the City Clerk is becohy directed to supply a certified copy of this RPwlution to the owners and subdividers of the above in!med plat. C. That the layer and City Vanager are Lcreby authorized to nyeeute the certificate of approval en behalf of the City Council upon cmpliahce with the foreoing provisions. AW:,PIED by the City Council on Treanor 2nd Addition. ,.; Woligang IC Peru7e1, Hdyor Ora. John O. ii,u•o, Clerk .7.1- 1 :r Lilt Oh hDLN UAlo,IF • GRTANit8,1 (3. 000021 00 I Ito" PLAT . TO: l'9iyer Pon/el and City Council Mii.ohers :4 :L il Nitiii: (ail Jullie, City Tio.haner hoona, A. Dietz, Uirecter of PeLlis Works ol rhiN: David L. okoh, senior Lnilitioerino Technician ki,..);(t..-/ !Vit.: LepteHor 14, 184 1 t I id lit.O; •-( ) APittil ON .:-.,..i IIIVIT'Il The de:elupor, Go' Tioi-i:_ -, Son reqpestod City Council approval of hrtaiso• iind ,/.. 1:riliOn, a sincle faodly residentiol plat '...06— sistint of 2 lots. The proposod division is a replat of lot 1, cluck 1 Treanor 000itiou, which tacit: os approxhr,i,tely 32,000 sq. ft. (0.73 Acrcos). Loch lot of the rcsulili division will contain approxiotsily 16.000 sq. ft. The Hat is located south of Valley Vitoi P.nort upproxiatelv ltek feet east of CO Prairie P0oc. in the South . of Sottinn 8. .1 HISTWY: , /mini; to li,Ti '0 es fppfoved throo9h Ordinance No. 135. ( The pfeliioinaoy plot was appoovtd by the City Council on Septeithor 4, 192i9i, or kosolution 84-214. ihe Puard of Appools appravoe varianee roouest 34-51 on Septomber l".I, 1034, In 11,,r..1 plotting of a 15,935.6 sq. ft. lot in a Pi ?? histrict. I .i. 1tANIANGLS: .Al] voriahro roquests must be procassEd through the Board of Appoals. UTII IlLI III:2, I,1iIi!T1 : ilanicdpal otililici, nrcossary 10 servo this plat have been insto1led. Addy! iefal assesst.teit cloirgos for those utilities will Ice necessary di• and will hr applied upon counertion. The cipoer ha' provided adequate riuht-ul-way dedication for Valley i View Phod. Goaiunue for the eroa aejaceof to the snhdivision is not adoquate, ._ sihre U:Ur, -1`1., tjte) Oil li't lOr 7:..1t;(1. V:.1fti. The utioditi9 plan that l"' OrcHrPO by Kr or and Acaociates shall be iitipiciounted to ufini...i/e the irdaat to the heicihhortfad. PL1•• it919:1li60: P.,ik cedic,..iio.. shall contort, to in reoairePoints of the City Code. PtediNn: heodirq chall conform to the tequivoiconts of tho City Code. f.,_ Fihai, Plot iree.nor 211d Addition 9/14/tift Pecyi.Y:'.and epproval of the final plat of Treanor ?nd Addition suhj,ct to the ref. :ireeients of this report. and the -following: 3. Receipt ol tvrineering k.',e in tho oPirunt of ,1')0.00. 2. Greding as per th:-i plan prepared by Krueger and AssociLtes dated I 9 • (c: Cuy Tr'nenni- Poe Ki•eeper• ' • • 1!--d • CITY OF COLA PU,IRIE CLERK'S LiCENSE API'LICAT'ION LIST Septer:Loor 13, I (1iLLH-F1LdllY A COW.A.) 3,2 RFFP ON SALE Inc. Schlottskys Sandwich Shops UCoc, , Inc. 3.2 BFFIL OH SALE io,2 (1 ? FAMILY) Schlotzskys Sandwich Shops Phil Kcllor Crtroc ion [son Cosoy Sr)!IC IN Wr.5e Freemdn rewoo'J) A I ILC, VI-L:111.51.HG Ccdr Voli oy IH atitiH A. Air Cor,ditionthg Air i‘',,ch6r,i CII Lowing HIP. i,-.es, Inc. • Once ,,,r,..rovel! by the depsi Hoot heads responsible for il h . r/ 1 4 7 L, ,.. ..1 .,,,, .,.... .'•..,. ,. . -• 4.• ' Super 8 Intel ..1- CITY OE EDEN PRAIRIE 11ENNERIN COIIN.1X, 1.i71,11E2,01A Lii. -.1- ORDINANCE NO. -PA AN. OKH,%:•"., Ol: TRI. CITY or 0-:.::i.; PRi%7RIE., M 'nSOTA, RDIOVIn CA 1.N I.,,,Nn FII01:1 ONE PIW:..•,Ir:..G 11. IN AT.f1111IEI, N•d:NOING 111e LEGAI f,,aSCRIP1916 CI' LAND -_,..• IR [!,f.:0 ..: 1f,:i, PJ..n, AROPTI .6 BY prrERFla CITY CODE CHP,PTER 1 AND SECTION 11.99 . . 01661!, 88 0fE1 1111I1'38, CW:a7;iN 1-TA611 PROVISIONS . .... ,a- ,.. . ... IK CITY f01118ll 08 THE CITY 08 EDEN RAMIE, MINNESOTA, ORDAINS: S'a.a° lou 1. That the land which is the subject of thin Ordinance ..,.. (1(:re ,jtL , 1..h., '106") is ic:gally described in Exhibit A zAU:ched hereto ;and made ,. 3. poet . ..1 • Fracti,:)11 2. That ac1,1on was duly initiated -.aaopesin9 that the land be 'Q Rural District dnd be placed in the C-Ilinl.;ay District. •, ! Sac Lie 6. That tH proposal is herehy adopted ad the land shi2.11 be, aL ard ha-av i!.. r, e3 from the Rural District ;aid snail La includad hefc&fter in the C-I-1 ,.-i :-j UrHt.rIet, ain, tha le9al descriptions of land ia each D..dtrict rferred to a'... in C11y C,e1a, s,aation 11.03, Subdivision 1, Slipdra:lraph R. shall he, and are ..c.ecardid:21y. ( Ca Ni 4. City Coe:e Chapter 1, entitled "General Provisions end Deilnition:-. 07,licable to the Entire City Code including Penalty for Violation" and ., Coo.tion 1,..9 , ia..--.1tled "VIolation a Wisdelleanor" arke., hereby adopted in their (slt-1ra,', li:, reTcrenae, as though repeated verhatim herein. Spcticn C. The land shall he subject to the terms and conditions of that i:Ecin Pavelopcf.'s t"..9reement dated ..F.. at September 18, 1934, entered into het (:: ..!H Plr' itHC! Soper 8, Inc„, -add Rott-Rivett Developers, jointly referred to as 'ft:,,,,,:inpr,' i',1d the City of Eden Prairie, and that cc..rfain (Iner's Supplcmc:nt to Us.,v.,10par'a k1,2qt, bctiacn inclepeedent Mill,..da^k and thc City of Eden Prairie, .1 dot ca at Gf SaTte; aa.. I1.'., 1984, whi(di 1, reement. and Owner's Supplement are hereby mmdd a part. h,.-Tof. ',ecti,ni 6. This Ordinunce shall heccede effective from and after its pohlication. FIRST IEA) at a ruular meet in of the City Council of the City of Edon Pr dirie on the rAh dv of ,Inne '1934, and final1y reed and a.dripted and ordered plif-.1.!Hi ilt a rerilar matin.1 of the City Council of said City on the 11Ith day of Se'0I,.a,.bac, 1834. . ATIII,1: -. a . J..a O. I.rd. , OILy r,„Iri:. W'„ftl'gdn It. Pen;.ei. 1dayor l'Ol!', D ii tic: 17.8 ,I iwalr',c News on the day. of . I . 1 .•. .. . _., . • Exhibit A LECAL DESCRIPTION • • Prtl- n.^.ry Plat Lot 1, Block 2, Flying Cloud Center, Hennepin County, Minnesota and • 4 Lot 2, Block 2, Flying Cloud Center, Hennepin County, Minnesota • • C5-,uene:ng at the southwest corner of Lot 2, Block 2, Flying Cloud Center, Hennepin County, Minnesota thence i 24 degrees, 15'07' a distance of 338.25 feel., tinCO S 69 degrees 5653" E a distance of approximately :63 to the northnasi corner of the described parcel, thence S 24 degrees 1607" W a aoploimEUely 400' to the southeast corner of the parcel, thence along a delta angle of 42 degrees 01'39" and an approximate length of 155 to tie point of •Degiocing. • • • • • • • • • • • • • • • • 4 • Super 8 Motel k ;t DEVELOPER'S AGREEMENT A ;, iilTS d Rs-_I'�E�11 de and entered into, as of 1984 by --- 4 4 rod kArrn itr t' -4I;Pi:";i DEVELOPERS, a general partnership, and EDE'1 PRAIRIE SIPPER 8 i 1NC., a Se„t.h Ettote corporation, hereinafter jointly referred to as "Developer, ant the CITY (i: tUEli PRAIRIE, a municipal corporation, hereinafter referred to as x. n is iis:- , D: VHEREAS, Deloper has applied to City for Site Plan and Zoning Amendment for 1,29 acres within a C-Highway District for a 63-unit motel and Preliminary Plat of 5.5 acres into one lot and one outlet, situated in Hennepin County, State of hmnesota, mere fully described in Exhibit A, attached hereto and made a part 1. ( :;^roof, and said entire 5.5 acres hereinafter referred to as "the property," and; NOW, THEREFORE, in consideration of the City adopting Resolution #84-134, and Ordinance i;43-84, Developer covenants and agrees to construction upon, developaeat, and maintenance of said property as follows: .:„ • 1. Developer shall develop the property in conformance with the i materials revised and Staff-dated August 15, 1984, reviewed and approved by the City Council on June 5, 1984, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. -.\ • 3. Prior to release of the final plat by the City, Developer shall: I' A. Revise the plat to reflect Lot 2 as an outlet, B. Stdmit to the City Engineer, and receive the City Engineer's I approval of plans for streets, sanitary sewer, water, storm €�' water run-off and erosion control. Upon approval by the City Engineer, Developer shall construct, or cause to he constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. ,. Prior to issuance of a- grading, or building permit co the property, Developer shall: I. Place snow fencing at the constrration limits of those trees to be protected during construction, as St?arn in Exhibit [i, att.aubed hereto. D. Submit to the Director of Coo enity Services, end receive the Director's approval of plans for an eight-foot wide bituminous trail along the south property line. Upon approval by the Director of Conerunity Services, Developer shall construct, or cause to be constructed, those • improvements listed above. C. Submit to the Fire Marshall, and receive the Fire Marshall's approval of building plans for any structure to be built upon the property. I, Upon approval by the Fire Marshall, Developer shall construct, or cause to be constructed those improvements required by the Fire Marshall in accordance with applicable City Code sections. 5. Developer shall notify the City and the Watershed District 48 hours - prior to any grading, tree removal,,or tree cutting on the property. • 6. Prior to further development of any of the property beyond Lot 1 for the motel, heveloper shall provide a design framework ,Manual, which provides for common site planning, including, but not limited to • access and circulation, architecture, landscaping, screening, • lighting, sic;nage, and pedestrian systems. • • I!• OWNERS' SJ'P'ENENT TO DEVELOPER'S Af=RIIMENT BETWEEN EDEN PRAIRIE SUPER 8, INC. AND THE ' CITY OF EDEN PRAIRIE •I .1111S AiS,RELMENI, made and entered into as of ___ ____.____- 1934, by and betvaocrr indedendeot tiil iv;orl:, Inc., a Minnesota corporation, hereinafter referred to es °b,,,ner," and the City of Eden Prairie, hereinafter referred to as 'City:" 'iur and in consideration of, and to induce, City to adopt Resolution R34-134 for a prclia.iiie ' plat approval and Ordinance rt3-84 amending the Zoning within the CeNiehr�V ,. District for the property owned by Owner, more fully described in that t 1984, by and certain Developer's Agreement entered into as of _____ ___.__— between Ede; Prairie Sci'er 8 Inc., and City, Owners agree with the City as follows: I 1. Prior to release of the final plat by the City, Owner shall execute 1. an option agreement for future access in the form attached hereto as Exhibit A. 2. If Eden Prairie Super 8, Inc., fails to proceed in accordance with the Developer's Agreement within ?4 months of the date hereof, Owner shall not oppose the rezoi,iing of the property to its original zoning. 3. This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the property. 4. If the Or:ners transfer such prepe"iy, owners shall obtain an agreement from the trarsferree requiring that such transferee agree to the terms of the Developer's Agreement. • INPEPENDENT hiiLEWO K, INC. BY 1 Its } 1 9/12/84 OPTION AGREEMENT • 4 THIS AGREEMENT is made this I✓day of September, 1984, loy and between WILLIAM A. ENRIGHT, as trustee of the Independent Millwork, Inc. Restated Salaried Employees' Profit Sharing Plan and Trust (Optionor) and CITY OF EDEN PRAIRIE, a Minnesota 1 eur: iipal corporation (Optionee). PRELIMINARY STATEENT OF_FAC S Optionor is a fee owner of certain real property located in Hennepin Coue;ty, Minnesota, legally def;cribed as Exhibit A attached hereto and incorporated herein by reference (the i Property). i Optionor desires to grant to Optionee the exclusive option a for the purchase of an easement for roadway and utility purposes over, under, and across the property pursuant to the terms and conditions of this Agreement. ) NOW, THEREFORE, in consideration of One Dollar ($1.00) and other gorl and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Optionor, i Optionor and Optionee hereby agree as follows: SECTION 1. i • GRANT OF OPTION Optionor hereby grants to Optionee the excl,cive option to purchase an casement for roadway and utility purposes over, under, and across the Property pursuant to the terms and ` n (the u.�• i.ona of this A gree.,t>nt Option). SECTION 2. i TERM OF OPTION AND EXORCISE 2.1) `Perm. The term of the Option (the Term) shall , commence on the date hereof' a.tl shall expire on a date fifteen (15) years fromfromthe date hereof. fi. 2. 2) RA rci.re. The Option nay be exercised by Optionee delivering within the Term written notice to Optionor of its cxetc_ce of the Option. hotwitherandir : the foregoing, opt ic. ,ec may exercise the Option only cit.er. the earlier of the fol lcc in,t: ) t 3' - ..-- (01) Five (5) years from the date hereof; or (02) Ti,irty (30) days after the (late Optionor conveys all I or any port of the Property to a third party purchaser not * •: related to Optionor. . , Optie..dr, it:t sucee...sors and ass Sc, shall deliver to Optionep in the manner rcoeired herein, the name and ad'iress of all sLhqunt tr3nsforees of the Property immediately upon any transfer of the Property. SECTION 3. EI.ECTION OF EPMENT AREA Exhibit E depicts two eltrrnative Easement Areas for the Easemet. Within thirty (30) days afteu receipt of Optionee's i'xi.,:,:isc2 of the Option, Optionor shall notify the Optionee in writiu(1 which Eaement Area Optionor hall convey to Optionee. ' - Options r is required to convey only one Eesement Area to Optioner and such conveyance shall be subject to the specitica'eions set forth on Exhibit P attached hereto. If Optionor dues not solcct the Easement Area within the thirty (30) period allowed herein, the Optioneo sha31 have the right ,'.. to choose l-, tven the Easemonc Areas provided, .hewever, that the coaveyanco shall be subject to the specifications set forth . ., at Exhi'nit P attache,': hereto. SECTION 4. • CONSTDORATTON Optionee shell pay to Optionor on the date of closing the .-. sum of Ore Dollar (Si .00) and other good and valuable • consiezation. SECTION 5. CLD:IINC The clos;nq date for the conveyance of the Easement shall he fiftc,on (IL) days after the date Optionor selects the Ea.;0..,ent Ares to be conveyed to Ontionee hereunder. The co:u,tyance shall !)e by me-ans of a colt claim deed, Easement Agroca...,nt, or oher conveyance reasonably ..,,-,7ceptL.:ble to Optionor and Optionoc. SECTION 5. 14dSE -.- on.:e sees not e:,“micilie the Option in the manner ,,.or hcroin within too Crrt., or the .:,p.c.ion, the Option .. , i . , ? . . siholt lapse and terminate and neither party shall have any furrier obligation to the other hereunder. SECTION 6. NOTICES All noiAces permitted or roquired to be given hereunder shall he In vriting and shall be delivered by United States to the addresses of the parties set forth below. Ssuh adoce!;scs may be changed by either party by giving written notice in the mariner required herein to the other party. SECTION 7. BINDING AGREEMENT This Option shall be binding upon Optionor and Optionee and their respctive successors and assigns and shall run with title to the Property. IN OITOESS WUPEOP, the parties hereto have executed this Agreement as of the date set forth above. OPTIONOR: OPTION2E: CITY OF EDEN PRAIRIE t-- //I"-- En r iL '7 Tr Instoe By: Its: By: Its: • : 3. EXHIBIT B to OPTION AGREEMENT • Description of Easement Areas and Roadway Specifications: • I. Eascrent Areas A. Easement Area Alternative No. 1: B. Easement Area Alternative No. 2: II. Roadrraj_Specific„ti.ons A. The Easement shall be fifty (50) feet in width. B. Curb cuts shall be provided off the proposed drive to neighboring properties in accordance with City standards. ( C. Parking setbacks from the road easement will be ten (10) feet provided screening requirements are acceptable to the City. D. Berming will not occur within the roadway easement. E. The City wil] consider variances to floor area ratios at the time of site plan review. F. The road and the utilities constructed therein shall be publicly constructed and maintained. • • Super 8 Motel CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-209 • A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE -84 AND ORDERING THE PUBLICATION OF SAID SUMMARY WU REAS, Ordinance No. -84 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of Soptc"der, 1984; NON, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN ' PRAIRIE: A. That the text of the sumnary of Ordinance No. -84, which is attached hereto, is approved, and the. City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall ba 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. -84 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 September 18, 1984. { Wolfgang fi. penze�, ldayor ATTEST: • John D. Fr nJ, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAfN) FROM ONE ZONING: DISTRICT AND PLACING IT Ill 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: Su _.ary: This Ordinance allows rezoning of land located east of Highwoy 019 and north of West 78th Street, known as the Super S Motel, from Rural District to C-Highway, subject to the teros and conditions of a developer's agrecoent. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: is/Jahn P. frane /s/Walfoana H. Penzel City Clerk Mayor PUBLISDED in the Eden Prairie News on the day of , 1984. (A full copy of the text of this Ordinance is available from the City Clerk.) `1 i Min-Tex Phase III • 1 CI1Y OF EDEN PRAIRIE g HENNEPIN COUNTY, MINNESOTA r ORDINANCE NO. 110-84 1 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE #192, AND, ADOPTING; NY 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 (hereino ter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That Ordinance #79--84 be amended by adding the following: "Section 2. The above described property shall be subject to the terms and conditions of the Developer's Agreement dated December 18, 1979, between Richard W. Anderson, Inc., a Minnesota corporation, and the City of Eden Prairie, 'and that certain supplement to the Develooer's Agreement dated Se teber T8, Th 4 . . V "Section 3. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage and publication. - FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the July 17, 1984, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 18th day of September, 1984. ATTEST: • John 9 Irene, City Clerk Wolfgang H. Pc zel, Mayor PUBLISHED in the Eden Prairie News on the day of _ i . .. • Exhibit A • r` Lot 1, Block I, and Outlot A, Shady Oek Industrial Park 5th Addition, Hennepin' County, Minnesota Min-Tex Phase III DEVELOPER'S AGREEMENT i This Supplement to Developer's Agreement made and entered into as of this 1 day of , 1984, by and between MinTex, a Texas General Partnership, transferees of the property as described in the developer's agreement ! A. between Richard W. Anderson, Inc., a Minnesota corporation, and the City of Eden Prairie, for Shady Oak Industrial Park 5th Addition, dated December 18, 1979, and the City of Eden Prairie, a municipal corporation, hereinafter referred to as °City;" I. WHEREAS, Richard W. Anderson, Inc., and City made and entered into a , ( Developer's Agreement, dated December 18, 1979, for Shady Oak Industrial Park 5th t i Addition (the "Developer's Agreement') and Min-Tex has succeeded to all of the !', 9 rights and interests in the lands included within Shady Oak Industrial Park 5th a. Addition, previously owned by Richard W. Anderson, Inc.; and, WHEREAS, the parties desire to amend said agreement for a portion of the , property referred to in said agreement, that portion of the. property being as described in Exhibit A, attached hereto and made a part hereof; p NOW, THEREFORE, it is agreed by and between the parties thereto as follows:. A j 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respects: A. Paragraph 1. shall be amended to read as follows: ) • Owner shall develop the property in conformance with the revised material dated Scpte_aber a, 1984, reviewed and approved as amended by the City Ctuncii of JD—1;j-1954, and attached hereto as Exhibit • L, subject to such chanycs and modifications as provided herein. 1 t C. Paragraph 5. shall be amended to read as follows: • Owner shall provide all necessary utility easements as required by the City Engineer. C. There shall be added paragraphs 7. - 11. as follows: 7. Mechanical equipment outside of the building shall be screened according to Code requirements in an archi- tecturally integral manner. Screening material shall be subject to approval by the Director of Planning, prior to building permit issuance. 0.- Prior to issuance of any building permit on the property, Owner shall submit to the City Engineer, and receive the City Engineer's approval of the following: a. Grading and drainage plans. b. Slope stabilization, sewer, and water plans. 9. Prior to issuance of any building permit on the property, Owner shall submit to the Director of Planning, and receive the Director's approval of: a. Detailed landscaping plan identifying plant material by type, quantity, size, and method of installation. The plan shall include, but not he limited to, increased plant materials for screening of the parking and loading areas. b. Lighting and signage plans. 10. Developer shall notify the City and Watershed District at • least 48 hours prior to grading on the property. 11. Concurrent with final plat review by the City Council, proponent shall request the vacation of drainage, utility, and road easements by the City. 2. Min-Tex agrees to all of the terms and conditions and accepts the obligations of the "Owner" under the Developer's Agreement, as amended and supplemented herein. • • • • • • A if Min-Tex Phase III r CITY OF EDEN PRAIRIE ; HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-249 1 A RESOLUTION APPROVING THE SUMMARY `. OF ORDINANCE 110-84 AND ORDERING THE 7 PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 110-84 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of September, 1984; 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. 110-84, which is attached hereto, is approved, and the City Council finds that said .1' 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 t 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. 110-84 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 September 18, 1984. • Wolfgang H.-Isen_e'I, Mayor ATTEST: • John D. Frame, City Clerk l ( i 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE ND. 110-84 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: Summary: This Ordinance amends the zoning of land located at Shady Oak Road and Highway 9V169, known as Min-Tex Phase III, within the I-2 Zoning District, subject to the terms and conditions of a supplement to a developer's agreement and a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: • /s/John D. Franc /s/Wolfgan4 H. Penzel City Clerk Mayor • PUBLISHED in the Eden Prairie News on the day of , 1984. • (A full copy of the text of this Ordinance is available from the City Clerk.) September 18, 1984 CITY OF EDEN PRAIRIE HENNLPIN COUNTY, iiINNFSOTA • RESOLUTION 84-254 • • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENiS FOR BIDS WHEREAS, the City Engineer, through B R W, Inc. has prepared plans and specifications for the following improvements to wit: I.C. 52-011, Singletree Lane and Eden Road- Grading, Utility and Street Construction • and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: . I. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. • 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisec.ant for bids upon the making of such improvment under such approved plans and specifications. The adver- tisement shall be published for 2 week(s), shall specify the work to be done, shall state that bids shall be received • until 10:00 A.M. on October 11, 1984, at City Hall after which time they will be publically opened by the Deputy City Clerk and Engineer, will be tabulated, and will be considered by the Council at 7:30 P.M. on Tuesday, October 16, 1984, at the School Boardroom, • 8100 School Road, Eden Prairie, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, hid bond or certified check payable to the City for SN (percent) of the amount of such hid. ADOPTED by the Eden Prairie City Council on September 18, 1984. Wolfgang H. Penrel, Mayor ATTEST; SEAL. D. Irene, Clerk - - • • MEMORANDUM TO: Mayor and City Council FROM: Chris Enger, Director of Planning THROUGH: Carl Jullie, City Manager DATE: September 14, 1984 SUBJECT: John Turnbull Subdivision Request I met with John Turnbull and Mary and Ken Kuntsmann on Thursday, September 6, 1984, and we further discussed the scenic easement across the southern portions of their • properties and the option to obtain road right-of-way on the northerly 33 feet of their properties. They agreed to a scenic easement across both properties, but wanted to reserve some rights. They would like to be able to plant additional trees on the slope, both to create additional buffer to the highway and to replace any trees that die. Also, they would like to be able to cut dead and live trees according to City ordinances. They agree to build no structures requiring a building permit and do not anticipate any structures, although they could see that, at some time, they would like to build a fence. They agree to no grading in the scenic easement areas, except as required for maintenance, such as erosion problems that may arise. They also agree to no driveways across the scenic easement area. They would like to reserve the right to maintain their property in a normal and reasonable manner. • Mr. Turnbull and the Kuntsmanns agree to grant the City an option for road right-of- way. The conditions under which the option may be exercised by the City would include: 1) any further subdivision of this property; 2) if the owners are unable to maintain the private easement; or, 3) if sewer and water become available in this area. The only concern they have is if property owners on either side of them within 1,000 feet are paid for road right-of-way, they would like to receive reasonable compensation. The City Attorney's office is working on the details of the option agreement and scenic easement and we do not expect to have those documents completed and executed by Tuesday evening. We would suggest that the Council approve the preliminary plat, subject to this memorandum, with the conditions that the scenic easements and road right-of-way options, consistent with this memorandum, be obtained from Mr. Turnbull and the Kuntsmanns prior to final plat of the property. • :,i1 f • 9 is MEMORANDUM • TO: Mayor and City Council • FROM: Michael D. Franzen, Senior Planner TfiROUGH: Chris Enger, Director of Planning DATE: September 13, 1984 SUBJECT: CITY WEST RETAIL CENTER-LANDSCAPE PLAN, SIGNAGE PROGRAM A. We have reviewed the revised development plans for the City West Retail Center, and find that the site plan has been revised according to the recommendations of previous Staff Reports and the Planning Commission. We do, however, feel that the ' signage and landscaping programs should be modified in the following ways. The landscape plan is acceptable in terms of number and size of plant materials; } however, there are areas where the berm height should be increased from two to five feet, and that shrub materials, other than sumac, would be more appropriate in a mass planting. Previously we had asked the proponents to submit a detailed site and landscape plan for the areas facing the pond. Since the building orientation and usage is towards the pond, we feel it important that these areas be developed in a complimentary way as an intrical part of the entire project. Details for paving, decking, and foundation plantings, should be provided for review. Signaqe The signage program of the proponent involves a number of free-standing monument and project signs as well as individual signs on the walls of the various buildings. With regard to the free-standing monument signs, for the Burger King and SuperAmerica station, we would suggest that the signs be developed in a similar manner to the Burger King monument sign near the Eden Prairie Center. We have included a copy of that sign for your review. This sign is approximately eight feet is height with a 36 square foot sign face. Building materials were coordinated with the main building. For the project sign in the center of the berm, along Shady Oak • goad, we would recommend compliance with the City Ordinance for 80 square feet and a maximum of 20 feet in height above the nearest elevation of Shady Oak Road. If the sign were to be constructed on top of the five-foot berm, the maximum height of the sign would be 15 feet. Although we feel that the location of the proposed wall signs on the building is an . appropriate location, we would suggest that the lettering be of a consistent size and color and be of individual letters affixed to the building, rather than internally lit 'cans'. We feel that a signage program, of individual letters ,ittachod to the building, make the sign an intregal part of the building. i • • C1 CCo\ R i .tr.,9.:-,n'...,.,w.•Tr .•.,',:.;Y--•,';.Pf:4:-.±e.••tee7-7777 s.r «rR' .c. -7T^„.--• ,yt- .•..�...y_t• d' _.,v 14:1a„,ajJ,..=u�6ov404 I .... • �_ 'Y„r---- I l ,:: t Y 1, ( Y A .. Vt I BURGER KING — — _ •� i- C:1'Yt:x 6'2'% SF WF St.r I: :;:ail ,,a '•, '.� •- (;�,° Single-face sign with one piece, " t. '' 7 / - t �, '1 proscreencd face of polycar-,. L +'.. • - I•i{ r, bon%' pan embossed to depth _ t ... . . j .Y I t ri . of t with BURGER n KING and ii r"* r') r -, (' > t j :4 trill crnbossed an additional Y':". 7 .. , , r , ( , ( 5 S _..i bnx fs of 6"extruded ' I • r 1 '`. ` t i ,, 1 I ! r, .e/ i "a er minum and designed to most I: • . I , i.` k l k : t . 1. a l •,` \. 1 }, c h,r 35•or 50 PSF.wind load. FI-ctricaf meets standards of '..> { .� I G../ttls• ot'•ei Electric Code and ' R^ Underwriters Laboratories,Inc i I f t ! f '' y Sign br.'ars U.L.Label i •- f t ."'.'�"ro1 #:.✓winnable ir13'x3'Size. i j 7 8 i 11 1• ' ,( 7 a # ' V. --1 , ! `, acrettient Specification • 2.0/iMP (\ !f ! (t�15 AMP Circuit ll .`y.4i 1.�..� .�.:. �......... ,'.'�.�•f'�l 1ff� 1 ! .. , l .... ..:...it ....:--.;..,o-... a�:.il..$I:. .,t. ...:�.4,.,. ...�:d ., • 3. a.' .. . • r t1ti 1.:.3 �`�yi x, P f, ! t, i t i i ; a September 16, 1984 rt CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 84-246 • VACATION OF DRAINAGE AND Ul"IL1"FY EASEMENTS ON LOTS 2 AND 3, BLOCK 1, MC KINLEY FIRST ADDITION WHEREAS, the City of Eden Prairie has drainage and utility easements described as follows: The drainage and utility easement along the lot lines between Lots 2 and 3, Block I, McKinley First Addition according to the recorded plat thereof. WHEREAS, a public hearing was held on September 18, 1984, after due notice was published as required by law; WHEREAS, it has been determined that the said drainage and utility easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on September 16, 1984. Wolfgang H. Penze , Mayor • ATTEST: SEAL Joint D. franc. City Clerk McKINLEY FIRST ADDITION 4 • • • • • • • . . i•N0r1.,Gne of Swl,S :1,«p 1.04 I.1 _Yw I 1 oo1 A Vv.c F t �n• i'1 +%Srxfi of 1!w ^i{ �(,L ri 1h w 5w?l`.ec I T p r�6NRw.7l n' o' q� v,iv ( eoo p 1 . Cb i/ `, ` /o • ` h r` 1 i arc . - 115.05 Hitt I •'Ce,.,,!« eon man..men1 a. �• ••..111.Gt Mt 1.1_ .... 1, Sp9'SGS5f .� I I ' ( Ir.; /�1: r MCKINLEY °LANE f,• ' • ,ppo �,y..-w5.ct rq !Gl :51 Sa ; , - (jt + 51,/v5 g 1 I_ '.1p... f'195 l ! . •: e Sal c9`�' `7r=_'� i • y )7 �- _ s 1 f. o a- • t. ----7: 4 t I'' .Y; 1 f. 1 / ' : _i / E i-_. I 1. LI lh,S,lY C•1.T.vr, 1 —�_+ Y'p..1 y _. 'tl I �s..,lt,;.,..ei 1:1 c1 D1;;•r 7A Sr(.1,7..;JibN,l:yc 22W ..-.. Nil I,. 1 _.._.. 1V00 t"-,J September 18, 1984 CITY OF EDEN PRAIRIE • ,4 ( HENNEPIN COUNTY, MINNESOTA RESOLUTION 84-247 • 4. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER '? PART OF LOT 1, BLOCK 2, FAIRWAY WOOD 3RD ADDITION W1ICRLAS, the City of Eden Prairie has a certain drainage and utility ' easement described as follows: : . That part of the drainage and utility easement dedicated in the _ plat of Fairway Wood 3rd Addition, over that part of Lot 1, Block 2, A Fairway Wood 3rd Addition, according to the plat thereof, on file or of record in the office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Coue encing at the most easterly corner of said Lot 1; thence South 67 degrees 10 minutes 31 seconds West 111.91 feet, along the southerly line of said Lot 1; thence North 18 degrees 53 minutes 27 seconds West, 79.11 feet to the point of beginning; thence i continuing North 18 degrees 53 minutes 27 seconds West, 10.64 feet; thence North 88 degrees 56 minutes 58 seconds West 46.00 feet; 3 thence South 01 degrees 03 minutes 02 seconds West, 10.00 feet; thence 88 degrees 56 minutes 58 seconds East, 49.63 feet to the point of beginning. i. WHEREAS, a public hearing was held on September 18, 1984, after due notice was published and posted as required by law; I. WHEREAS, it has been determined that the said drainage and utility easement is not necessary and has no interest to the public, therefore, should be vacated. J NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of the proceedings in accordance with M.S.A. 412.851. . ADOPTED by the Eden Prairie City Council on September 18, 1984. 1 Wolfgang H. Fenzel, Mayor , ATif:ST: SEAL 33 f John D. f rdnr, Clerk a 1 • . i• s • :Yi C`� +'+f59,. _ . [.v.. n 11 .!. a.i,ter� La F !�^��,�p^+�y a rf f's Y /2ty t f ri fit t // +r 2 ?\ A 1 ? / 4 } . a. , ri _1 CS' _2 I: c per. �4 . . 'a r t j t 4a1 / -....-. - 1'V t) , CY`_4!'y >• : l IR N,'�' .�:1 �•. "%CR ate. IC } ,� ()".:, t S _ 1 S Dr TA L-3- .�y _ li 2 8 _ .. .:. ��3) r ,r Y • °j v'- ' a 1 t a .J '.. ..�a ram..v>,: . ...\. t sue' `. . 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At,_1,.._ ,l)r't;' 1r1�!D r : I%° ,- t Pt;:. !C.`:.':Y?t LIY: C/ • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #84-242 • RESOLUTION APPROVING THE PRELIMINARY PLAT DF LEARNING TREE/MINNESOTA TREE • 2ND ADDITION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Learning Tree/Minnesota Tree 2nd Addition, dated July 12, 1934, consisting of 5.46 acres for day care center, 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 , 1984. • • • Wolfgang H. Penzel, Mayor ATTEST: John D. Franc, City Clerk • STAFF REPORT { TO: Planning Commission FROM: Michael D. Franzen, Senior Planner 'ROUGH: Chris Enger, Director of Planning DATE: August 24, 1984 PROJECT: Learning Tree Daycare Center APPLICANT: Learning Tree Daycare Center FEE OWNER: Walter Carpenter, Minnesota Tree RE tUEST) 1. Prelininary Plat of 5.46 acres into three lots. 2. A Rezoning from Rural to Commercial Regional Service. Ral:grcund r The Comprehensive Guide Plan dasig- �_ fir' is� �-t; /1� ,., notes this site for a Regional .� 1 `' }j1-! 4a E `` (f feir:,nerc i 1 land use. The Guide Plan —i— 1f F. Also depicts surrounding future uses'�� ' ,/�' /. as pro �.a ily Regional Corunercial, lw .�.,'/ /-f . n i' .\ Medium !tensity Residential, Office/- -;! .•.. • Industrial. Existing land uses are P' n` 1 r ` - - RiUr the Minnesota Tree Nursery to the , il`{ '4' south of this site, Norwest Bank to i 1'. h 1 �j•" , J ( 3 the soul' :est of this site, Valley - L_1;_+ f'i13 ._ -- View Manor domes to the northwest of '�-� - -•fl-( this site, and Mcnards Mara to the I-2 east of this site. 'PROPOSED SITE '')f' The site . is relatively level, 1�\ sloping from a high point at _ .-..,-- - ;,�\ ,. elevation 85 :long Valley View Road - _ ", __ 78:45 \ ') to a to point of approximately 841 -`•' C-NEG _,-. at the hoLtom of an existing storm Slat ;�� ;( drainage system to the south of the i . site. ihcre is no existing signi- / � - ficant v uet.ation on site. _ - f -•9t7 C l C.li . lii\ --T---- The proo unnont is requesting the -.1t - Iwo subdivision of r^,rroxi�.,.tr:ly 5.46 1 • 12 �' j� . acres nt > throe me lots, and horning l� i , - -- -- of p ..cd Lot I, Nock 2 from horal 1 ; C kegienal or+ i e i i order ./ �- 17 Cnr 1 i i 1 ei.y taro conter of w , ram, r;rox) ai_�l�y 6,th t t,rurc foot. l '; f I , E'r [ , L "•i. ` 6 a ..x. .l,." '1 E c°=sou LV r6 I 1 i r.v. , • Learning Tree Staff Report 2 August 24, 1984 The proposed day care center is immediately west of the Prairie Wash subdivision reviewed by the Planning Commission on September 9, 1983. The development involved the subdivision of 1.56 acres for a two-story, 9,000 square foot building, which included a car wash on the lower level and an office building on the second level. Site Plan A one-story, 6,000 square foot day care center is proposed on this site at a floor area ratio of 0.13. Under C--Regional zoning regulations, a maximum floor area ratio of 0.2 would be allowed for a one-story building. The building is located on site meeting applicable front, rear, and side yard setbacks. A total of 23 parking stalls are provided on site. Current City regulations do not have a minimum requirement for day care centers; however, it has been Staff s determination that clay care centers generally need enough parking to provide for the number of full-time employees. Learning Tree has indicated to Staff that peak hour parking demands will vary between 18 to 22 parking spaces. Staff feels that the number of parking spaces provided on-site will be adequate. If this building was converted to an office in the future, the Code would require the provision of 30 parking spaces. There is adequate room behind the building to provide the required minimum parking stalls, if converted to office. Since rio development plans are available at this time for Lot 2, Block 1, or tot 2, lock 2, proponent should designate these lots as outlots on the plat. The size of these lots should be adequate enough to accommodate future commercial uses. Staff expects some retail, office, or restaurant use. Access e Access to this site will be a right-in/right-out from Valley View Road until the Prairie Wash building is constructed. The full access to the Prairie Wash site is approximately 200 feet to the east, centered on the property line between the Prairie Wash and proposed Lot 1, Block 2. The day care center will gain access to this full intersection by connection to a driveway which is planned in front of the Prairie Wash. In addition, the day care center site will provide a similar access to the property to the east. Staff envisions that this driveway will run parallel along Valley View Road and eventually along Prairie Center Drive connecting to a full intersection ec es, by the Norwest Bank. Staff would expect that ultimate . development. of this area would generate considerable traffic. Since the purpose of this detached service road is to minimize traffic movement conflicts on Valley View aridPrairie Center Drive, this driveway should be maintained as a protected lane. Staff would recor=!!end that the parking spaces he removed in front of the building F and euiVertod into iiieoni space. (See Attachment. A) Although this would reduce the f, totes ;reirkin; by five parkin;{ spaces, Staff feels that site plan could he modified to add two or three parking spaces along the west property line. This would provide peekingrangeprojected up to 2, t.:r i stalls, a,hi•.h falls within the of +ro ircted traffic demands as determined. el Aeces to pal kiiii airing thew st side of thin site will be through use of a comaon drive, ;Y wit the property to the wst at time of ultimate development. In order to porno ennapn room rinr ;eaneaverbility, St if would recooie rd that the full 24-foot i wih la. hc cont;tr!X te.d co,..t i ent with a ae 1 ,!,.!.;>nt of this site. i Learning Tree Staff Report 3 August 24, 1984 The proposed right-in/right-out access provided to this site is a 36-foot wide driveway. Code will allow a maximum of 30 feet for a driveway width. Grading_and Drainage A minimal amount of site grading is proposed on site. There will be some filling in the south portion of the lot in order to bring the site up to grade to acconnrodate the outdoor recreational/play space. • Storm water run-off will drain in a southerly direction across the parking lot into an existing catch basin and open swale system south of this site. n t Sewer and water services are available by connecting to existing sewer and water lines in Valley View Road. oi Landscaping The landscape plan depicts the type, size, and location of proposed plant materials. The landscape plan should be modified to provide for berming and plantings along Valley View Road to screen parking areas and to add visual interest to the site. The size of plant materials should be upgraded to a 24-inch minimum size for shrubs and a six-foot minimum size for coniferous materials. Architecture The proposed day care center will be a one-story, slab-on grade, wood frame building. Exterior materials are proposed to either be textured wood siding, or of brick veneer, with a medium reddishebrown standard size brick with a narrow color range. Staff would recommend that since the Prairie Wash building was a brick l building, that this building should.conform in order to provide continuity. The Code does allow wood to be used as an accent material not to exceed 25% of the face of the building. - I Mechanical equipment will he inside of the building since the roof line is a 3 modified hip roof, and, therefore, will not be visible from public view. 1 Silnane A 32 square foot, four-foot high sign is proposed within the front yard adjacent to Valley View Road. S'i At F Rf CfA 1ENDATI ONS j Staff would recommend approval of the request for Preliminary Plat of 5.46 acres into three lots and a Rezoning from Rural to C-Regional Service based on plans dated July 13, l9Rt,, subject to the recono endetions of the Staff Report dated August 24, 19s4 and subject to the following: 1. Prior to Council review, proponent shall: A. Modify the site plan to provide for a protected lane in front of the building and convert parking spaces into green area. Two parking spaced should be added along the western parking area. / * ��� �, �� ' Learning �r Staff Report � ( � B. Modify the landscapeplan to provide � ke,m\nO and plantings ` within the front —yard. Increase plant material do to 24-inch A minimum for shrubs and SiX-fODt minimum height for coniferous trees. C. Modify the preliminary plat to designate Lot 2, Block l and Lot 1, � Block 2^ as ouunts, 2. Prior to Final Plat, proponent shall` ' A. Submit detailed erosion control and grading and drainage plans for review by the City Engineer. �^ R. Submit detailed grading and drainage and erosion control plans for � ~ review by the Watershed District. � ` 3, Mimr to Building Permit issuance, proponent shall/ . A. Pay the appropriate Cash Park Re. .� V. Stake the grading limits with o snow fence, � 4^ ommt shall provide for cross-access to the east m submit st dwest pun�ls, and a cross-access agreement outlining access rights �d maintenance — rresponsibilities between adjoining properties for �wi ew. � 5. Proponent shall construct the full *Nth of the driveway centered on the . west property line, . - � � � / j � ' � / | ' ` ' - / _._.I-Ir • r� • _---. `9 11 �� r I 'f� i i ` r ��' , --��-u P7-r" AZ'-l �' ' ���UPS+ �.i +h'" \ : L :M . .., iv .... . , • • 4.\--7-Th ..„------k • '4"...•••,-----.7.:•7"--'''''' '•: ',c.• "L"--;1'‘/7/, '' , a,........_. •••••-'-•;•;,,\ \�l` / r ti /..,1 �y o. r :sv, i \ i ••• 4'7-,_.,-,,,,,_ _ _ -/......„„:„F-e , '4—'7.136:\---'''-'' ''''' V.''t' ems' +A ��•`'''r� �,�,G ��.� • \ 'i I°\\-'-''' ,-' \-k, ---------.-- 1,-- - • . \.ii , '01 ,lic-4.--- ' • ;,' 1 i �,1 =., n qW-1:Vim: - U:, . i \ 'HI° cf'st---, •'- \ ‘. . ,. - --:.V.V, \ :1 • ,,7,,,r-3 ; . - 4.. .) ' .. .....,,,,y---•••''''1"-'a :"Al'° , 1' tr_ ,..4. yFf, \ g ,�' / f x�` u `tom •z . T 1 \ l • l / s. 1` V \1 y , I �, `• , , h .� �y y �, y r{ ..� \\‘'44 t:4 t 41 .4 � - • • • • • • • • • • • C. LEARNING, TREE/MINNESOTA TREE 2ND ADDITION. Request for Zoning Dis- trict Change from kural to lemmrcial-Regional-Service for 1.07 acres and Preliminary Plat of 5.46 acres into one lot and two outlets for day care center. Location: Southeast quadrant of Prairie Center Drive and Valley View Road. A public hearing. Ms. .Gwen Roberts, Project Developers, representing proponent, reviewed the project with the Planning Coenission. She stated that there would be a wcditied gut,le roof for the structure, with a brick exterior. Ms. Roberts also reviewed details of the site plan and the interior floor plan for the structure. - Planning Connission Minutes 7 _ August 27, 1984 i Planner Franzen reviewed the findings and recomnendations of the August 24, 1984, Staff Report with the Planning Commission. He stated that the major ;j concerns of Staff included access, screening, building materials, and the preliminary plat. Staff was suggesting a protected lane along the north border of the property, which would connect to adjacent property and provide for safer access for this vicinity. Planner Franzen stated that better screening of parking areas was needed. He added that the brick exterior material was preferred in the Major Center Area, particularly to provide consistency with the already approved building to the east of this site. Of concern regarding the preliminary plat, Planner Franzen pointed out that two of the lots, which would not be built upon at this time, should be designated as outlots on the preliminary plat. These two parcels would have to be returned to the Planning Commission for review, at which time zoning could also be reviewed. • Chairman Beaman asked if information was available from proponent regarding the impact this use would have upon traffic in this vicinity, particularly within the area of Highway #5. Planner Enger responded that last year, traffic in this area was a concern. Since that time, an independent traffic consultant had been hired to study the entire area. It was concluded by the consultant that there was plenty of capacity at the intersection of Valley • View Road and Prairie Center Drive, just west of this parcel. Also, there • • would be plenty of capacity in Valley View Road. Planner Enger stated that the intersection with Highway #5 was anticipated to include an interchange, which would provide access at Prairie Center Drive. The amount of traffic impact that would result from the construction and use of the day care center in this location would be very small taken within the context of the other uses in the vicinity. Johannes asked if there would be sidewalks, or bituminus paths, along Valley View Road in this area. Staff responded that a bituminus path, five feet wide, would be located an the south side of the road. Johannes stated that perhaps a sidewalk should he considered along the north side of road. Chairman Beaman asked for comments and questions from members of the audience. There were none. MOTION 1: Motion was made by Gartner, seconded by Torjesen, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Gartner, seconded by Torjesen, to recommend to the City Council approval of the request of Learning Tree for Zoning District Change from Rural to Co=crcial-Regional-Service for 1.07 acres for a day care center, Lased on plans dated July 1.3, 1934, subject to the reconrnendations of the Staff Report dated August 24, 1984. Motion carried---6-0-0 ' \ ^ , ' Planning Cmo ioioo Minutes 8 ' August 271 1984 !� w0104 3: . Motion was mode by Gartner, seconded by Torjesen, to recommend to the City Council approval of the request of Learning Tree and Minnesota Tree for Preliminary Plat of 5.45 acres into one lot and two uutlots, based on plans ' d*ud July 13, 1984, subject to the recommendations of the Staff Report dated August 24, 1984. .__14otion carricd-~6-0-0 � .� ' ' � ` � ` � ' x !� � . .� �� .Y � � � ^ ' ' • • • • • $• CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION #84-244 RESOLUTION APPROVING THE PRELIMINARY LAT OF VALLEY VIEW PLAZA FOR T BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Valley View Plaza, for Frantz Klodt, staff-dated August 27, 1984, consisting of 5.22 acres into one lot and one outlot for a 46,000 square foot office building, 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 , 1984. • Wolfgang H. Penzel, Mayor • ATTEST: • jolin 0. Flan0, City Clerk • t .) a I fi I. STAFF REPORT . • TO: Planning Coinnission FROM: Michael D. Franzen, Senior Planner 'HRiitJGU: Chris Enger, Director of Planning ;, DATE: August 24, 1984 • PROJECT: Valley View Plaza APPLICANT/ Frantz Klodt and Sons, Inc. FEE OW EK: . REQUEST: 1. Preliminary Plat of 5.22 acres into one lot and one outlot. 2. Rezoning of 2.91 acres from C-Regional to Office. Background This site is part of a 31-acre ,\ .c:.-w . �i! Y ` ii. Planned Unit Development previously \\ i r �--� .:? , k`� ��� reviewed by the Planning Commission `, \U. ` .j- 1,, in July of 1980. This 5.22-acre : \\,.; '`'•` .�, • �``c%`� parcel as planned for office use, 4 �, '� ,—.J' f " with a 60,000 sq. ft. building on C t •. 2.9 acres and a 45,000 sq. ft. '", ‘c 1 i; • building on 2.1 acres. (See Attach- .: 1 meet A) / •• The Comprehensive Guide Plan ident- ...,- 1 ,-' \ 1 i 14 ifies a Commercial Regional land use — PROPOSED SITE \ for this site. The Guide Plan OF_C __. depicts surrounding land uses as : ,,l_7 ,• primarily Office and C-Regional. i' � tl_� —_ Office uses aro permitted within C- /_- ` - - '. /�.'" \ _ y Regional guided areas and a Guide � �' ^`. Plan Change will not be necessary. .. 'i 102 -, /:‘, \\ ' .111.k...7.--.. OR. :"...„... N, I. The proposal involves a preliminary i � plat of approximately 5.22 acres 15 �, �-� , into one lot. and one outlot to TG �,W/ '1 ; , ace m•,odate the construction of a �CF v• , �\ f:r 50 000 squaro foot, three-story, / C r:` cv office buding. F.xi tinnSit�r Ch ra t ristics ja }` \�' 10. The site slopes from a high point at 12_ 1�}<_ ..._�. OFC ,�/ 920 in the southeast �_,�._ - 1 ai_b . • elev;rt.ion - -- Corner of the {,roposd out.i0t, to a n. P 4I'ti m . t Valley View Plaza Staff Report 2 . August 24, 1984 low point of 860 around a low area in the southwest corner of the site. There is no existing significant natural vegetation on this site. Site Plan The site plan involves the construction of a three-story, 50,000 square foot office building, which includes approximately 4,000 square feet for underground parking. Access will be provided off proposed Office Ridge Circle and Valley View Road. The building is located on-site in compliance with minimum building setbacks for the Office Zoning District. There are three driveway access points to this site off Office Ridge Circle. Staff would recommend that the northerly-most access point be closed, and the structured - . parking area be relocated to the western portion of the building, with access off the west parking lot, such that the overhead door could be screened behind proposed landscaping in the northwest corner of the site. Relocating this entrance also el provides a cleaner look to the office project when viewed from Valley View Road, and eliminates potential traffic conflicts, given the ultimate development of this area, `i which includes the outlot to the south and the balance of undeveloped land to the east. Office Ridge Circle Drive is not constructed at this time. The developer's k' agreement for Bryant Lake Center, dated November 4, 1980, indicates that this road, and a private read, (See Attachement A) are to be completed concurrent with the :construction of Building D. Staff would recommend that both of these roads be completed concurrent with construction of this office building. :; Access from Valley View Road is proposed• to be a right-in, right-out only condition for the site to the west. Provision should be made for cross-access such that the A adjacent property could have full-access at the Office Ridge Road intersection. This access could be either a private drive with a protected lane, or Office Ridge Circle could be extended to the west property line centered on the common lot line between the proposed Lot 1 and the outlet. 4 Parking Parking is providers at a ratio of 4.96 spaces per 1,000 square feet of office area, or a total of 228 stalls. At five spaces per 1,000, Code would require the provision of 230 stalls. There is adequate room on site to provide an additional two peeking spaces to meet this requirement. Parking setbacks, to all property lines, meet the current Code requirement, with the exception of property in the northwest corner of the site where the setback is proposed at 29 feet at its closest point. ;L ff would reror,mend that the site plan be modified to meet this minimum requirement. Staff would expect that this would result in the loss of two parking stalls; however, there is room on site to add five parking spaces in the southwest I' corner of the site. Architecture the throe-story office building will be constructed of three primary building I -r water i a'°. which includes. a light beige color brick, bronze aluminum frames with tinfe0 ie ula!;d olacs, and a light beige metal paneling to screen the rooftop wechanieel. Valley View Plaza Staff Report 3 August 24, 1984 The building is proposed to be constructed to a height of approximately 38 feet, Ll' which is eight feet higher than what Code would allow under Office Zoning. This site does, however, lie within the Major Center Area, in which, as a general policy, • • the City has considered buildings higher than 30 feet for office uses. The building is setback at the Code requirement of 35 feet from the road right-of-way. Staff has discussed with the proponent the possibility of locating the building further back on site to reduce the overall affect of the height when viewed from Valley View • Road. It is their preference, however, to locate the building in this area, with building located relatively close to the road. Staff would recommend that larger • plant materials be planted in front of the building. Landscaping The proponent has submitted a landscape plan which depicts the type, size, and amount of plant materials proposed on site. The proposed Russian Olive plants, along the north side of the western parking lot, will not provide for adequate screening of parking areas year around. Staff would recommend that the landscape 1. plan be modified to either provide for berming, coniferous plantings, or any combination thereof, which will provide for a more effective screen. A four-foot high berm is proposed along a portion of the east parking lot at a slope of 1.5/1. Staff feels that although this slope is a very short horizontal distance, the steepness of the slope will make mowing difficult, even for a hand mower, and it • will be difficult to establish sod on these slopes. Staff would recommend that this berm height be reduced, with slopes not to exceed 3/1, and that the berm be supplemented with coniferous plantings to provide screening. Staff feels that a 230-car parking lot is a relatively large expanse of.hard surface area. Staff would recommend that additional planting islands be introduced into the • parking lot to provide areas for shade trees to break up this expanse of hard surface area. While this would result in the loss of parking stalls, these could be designated as proof' of parking spaces which could be used, if needed, in the future. Grading The sight line section provided by the proponent shows that there will be a considerable amount of cut and fill work on site. Between 10 and 15 feet of cut will occur in the southeast corner of the proposed outlot, which would be used as fill for the low areas on the northern half of the site. The grading of the hill along 1-494 means that this site will be visible from I-494. - Staff would recommend • that a trmlparary berm he constructed along the south property line to provide for screening of parking areas from 1-494. The proponent should provide a sight line • showing the effectiveness of the screening. The overall siee of proposed plant materials should be increased to provide a better scale relationship since the building is located so close to Valley View Road. . Staff would recnn,und that the shade trees be increased to a three-inch minimum and conifer our; trees should be en eight-foot mini4rum height. To provide a more mature look to the lnn_1scape, Staff would sugge;f adding_ several shade trees of 4-6 inches • • in calivr and several coniferous trees of 10-12 feet in height. tit.ilities; Sewer eo,; wator service can be provided to this site by a connection to sewer and • r • Valley View Plaza Staff Report 4 August 24, 1984 • water lines which are currently stubbed in proposed Office Ridge Road. This sewer and water line should be extended to the western property line to provide for future building development on the property to the west. Storm water runoff will sheet drain across the parking areas into catch basins. From this point, water will flow through storm sewer pipe into a drainage area along Highway I-494 right-of-way. Pedestrian Systems • There should be a sidewalk provided along the west side of proposed Office Ridge Circle which will connect with the eight-foot wide bituminus bikeway on Valley View Road. STAFF RECOMi1ENDATIONS Staff would recomnend approval of the request of Preliminary Plat of 5.2 acres into one lot and one outlet and a Rezoning of 2.91 acres from C-Regional to Office based upon the recommendations in the Staff report dated August 24, 1984, and based on plans dated July 7, 1984, and subject to the following: 1. Prior to Council review, proponent shall: A. Modify the site plan to: 1. Eliminate the northern-most access into the building and relocate on the western portion of the building. 2. Meet all minimum setback requirements for parking from property lines. 3. Provide for 230 parking. stalls between actual spaces and proof of parking spaces. 4. Extend the sewer and water lines to the western property line. 5. Indicate a five-foot wide concrete sidewalk along the west side of proposed Office Ridge Drive which connects to the eight-foot wide bituminus bikeway in Valley View Road. 6. Provide for cross-access to the property to the west. ' B. Modify the landscape plan to: • 1. Increase plant material size to a minimum of three inches for shade trees and eight-foot height for coniferious trees. Add sevearal four to six-inch caliper shade trees and ten to twelve-foot high coniferous trees. • 2. Introduce planting islands into the parking lot and designate those planting islands as proof of parking areas. 3. Provide a temporary berm to effectively screen parking areas 11 Valley View Plaza Staff Report 5 August 24, 1984 • from I-494. 4. Provide for effective screening of parking areas along the north property line with either berming or coniferous materials. 5. Reduce the slope of the berm along the east parking lot and supplement the berm with coniferous plantings. 2. Prior to Final Plat, proponent shall: A. Submit detailed storm water runoff, grading and erosion control plans for review by the Watershed District. B. Submit detailed storm water runoff, grading and erosion control plans for review by the City Engineer. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Stake the construction limits with a snow fence. C. Notify the City and Watershed at least 48 hours in advance of grading. • D. Obtain access permits for work within Valley View Road from the County. 4. Concurrent with building construction, proponent shall: A. Construct Office Ridge Road and the proposed private road as indicated on Exhibit B to City standards. B. Construct a five-foot wide concrete sidewalk along the west side of proposed Office Ridge Drive. 5. Receive Board of Appeals approval for a height variance. • — I , . - , ---• 1,t-/-y. 7 i "if cr ,"I i ._,, </ / k.,— C,4 &'... ''',Pii•/I\ '' l• "•)'1 1 . • 11//: ://7•':.'.-:Z..).,. ,//'•1-1 i /0"'c'' ' : ., .••• P.:''‘,"; fif -,..14••• . i/;/ , .:i. •-•-•.,,:,...., : `1.(.I. ;* .,''''.. . . 1 . , i r 1 /,e;', '. 11 .'3 c's./. .--." 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Request for Zoning District Change from C-Regional to Office for 2.91 acres and Preliminary Plat 4 of 5.22 acres into one lot and one outlot for a 46,000 sq. ft. I office building. Location: South of Valley View Road at Office Ridge Circle. A public hearing. Mr. Doug Arndt, representing proponent, reviewed the project with the Planning Commission. He stated that, since submitting the plans to the Planning Staff for review, it was found that soils in the proposed location of the building were unsuitable for construction. Therefore, they were proposing relocation of the building towards the center of the lot. All other building and site plan features would be essentially the same. Planner Franzen reviewed the findings and recommendations of the August 24, o 1984, Staff Report with the Commission. Schuck asked about the signage for the project. Mr. Arndt responded that 1 there would be a pylon sign identifying the building on the front elevation. ;f Chairman Dearman asked about the private road through the project. Planner j Enger responded that previous plans for this area had shown a loop road through this property to adjacent properties. At this time, however, two culde-sacs were shown. He added that the private road would allow the + proponents to locate the structures and parking closer to the setback lines, +j which would not be possible with the public road. Planner Enger stated that this was preferred by proponent due to the narrowness of the parcel towards I-494 and Valley View Road. r Chairman Dearman expressed concern regarding maintenance of the private road. Planner Enger responded that no one parcel would depend on access via s the private road, only. It would provide better circulation and additional access for the parcels concerned. Torjecnn asked about the cross access easement to the west. Staff responded that the property to the west of this parcel would have better access if a I. private easement and shared driveway could be accomplished for cross access purposes. This would he providieg a right-in, right-out, access on Valley View ReA en the prop:Tties, not a full access. Mr. hnn Drauer, 7751 Flying Cloud Drive, representing Condon-Maeggele, owners of ike ptrccl to the west., stated that the owners of the parcel to the west would prefer a cmion driveway access, hut two drives at this location with a cross access casement would be acceptable also. . 4 • Planning Commission Minutes 9 August,27, 1984 • Torjeson asked if any variances were requested for this parcel. Staff responded that proponent was requesting a height variance only, which would be reviewed by the Board of Appeals. Planner Enger explained that there was a "jog" in the right-of-way in Valley • • View Road. There would be a possibility for a vacation of that road "jog" • • upon completion of the improvements in Valley View Road, if it was found • • that this additional right-of-way was not necessary. This would eliminate the need for a possible front yard setback variance needed by proponent. In any event, Planner Enger explained, it would appear as if this "jog" was • pars, of the front yard of the project, as it would be covered in grass. In this manner, a front yard setback variance could be justified. • Torjeson asked if Staff had had an opportunity to review the revised plan with the relocated building. Planner Enger responded that Staff had time to review the revised site plan and was comfortable with the result. It was • Staff's opinion that the relocated building provided a better site plan for this property. flOTiON 1: • • Motion was made by Gartner, seconded by Johannes, to close the public hearing. Motion carried--5-1-0 (Torjesen against) Torjeson stated that he recalled the overall plan for this area called for low profile buildings. He asked if any of the other buildings in this area, which were built, or proposed to be built, exceeded the height requirements of the Code. Staff responded that this building would be within a few feet of the height of other buildings in the vicinity. Buildings across the street from this structure were two stories in height and had pitched roofs. ( Torjeson stated that this area had views upon one of the nicest amenities in the City, Bryant Lake. He stated that he felt the profile of this building should be consistent with the profiles of others in the vicinity. Planner Enger pointed out that this building would be located behind the high hill in the area, and would not be within view of Bryant Lake because of the hill. H MOTION 2: Motion was made by Gartner, seconded by Schuck, to recommend to the City j Council approval of the request of Frantz Klodt for Zoning District Change from C•Reeianal to Office for 2.91 acres based on plans presented at the Planning Commission meeting dated August 27, 1984, subject to the recol,ne i!ations of the Stall Report of August 24, 1984. Motion carried--G-0-0 MP1lOP_3: • M.,tion was made by Gartner, seconded by Srhuck, to recommend to the City Council approval of the request of Frantz Klodt for Preliminary Plat of 5.22 • Planning Commission Minutes 10 August 27, 1984 acres into one lot and one outlot for development of an office building, based on plans presented at the Planning Commission meeting dated August 27, • 19R4, subject to the recoiwuendations of the Staff Report dated August 24, 1984. Motion carried--6-0-0 TO: Mayor & City Council FROM: John D. Frane, Finance Director DATE: September 14, 1984 RE: Ri.vett and Rott M.I.D.B. (Super 8 Motel) - $1,300,000 The public hearing is necessary to clear up a defect in the legal publication when the original approval of the project • was given. Resolution No. 84-142, approved on June 5th, is still valid and this transaction is not part of the City's "cap" Resolution No. 84-251 granting final approval is enclosed for your consideration. JDF:bw 9/14/84 • • I. RESOLUTION NO. Pl-c,l r/ RESOLUTION RELATING TO A $1,300,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (ROTT-RIVF.TT DE\1EI.,OPERS PROJECT); AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474. BE IT RESOLVED by the City Council of the City of Eden 44 Prairie, Minnesota (the City), as follows: Section 1. Definitions. 1.01. In this Resolution the following terms have the following respective meanings unless the context hereof or use herein clearly requires otherwise: Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Assignment of Rents: the Assignment of Rents and Leases to be executed by the Partnership to the Lender; Disbursing Agreement: the Disbursing Agreement to be a: executed by the Partnership, the City, the Lender, and Title (! Services, Inc.; Guaranty: the Guaranty Agreement relating to the Note to be executed by Harvey Rott, Ronald J. Rivett and Eden Prairie Super 8 Motel, Inc.; Lender: First Edina National Bank, Edina, Minnesota, a national banking association, its successors and assigns; Loan Agreement: the Loan Agreement to be executed by and between the City and the Partnership; ri Mortgage: the Mortgage and Security Agreement and Fixture Financing Statement, between the Partnership, as mortgagor, and the Lender, as mortgagee; Note: the Commercial. Development Revenue Note (Lott- Rivett. Developers Project) in the total authorized principal anvunt of $1,300,000, to be issued by the City pursuant to this Resolution; Partnership: Rott-Rivett. Developers, a South Dakota 1 general partnership, its successors and assigns; Pledge Agreement: the Pledge Agreement to be executed by the Citrl in fa\oi or the Lender; • 4 • Project: the Land described in the Exhibit A to the Mortgage and the G0 unit motel facility to be contructed and , equipped thereon, as they may at any time exist; Resolution: this resolution of the City authorizing the issuance of the Note. Section 2. Authorization and Sale. 2.01. Authorization. The City is authorized by the Act to issue the Note to finance the Project, and to make all contracts, execute all instruments and do all things necessary or convenient in the exercise of such authority. 2.02. Preliminary City Approval. By preliminary resolution adopted by the Council on June 5, 1984, this Council approved, on the basis of the findings set forth therein, the sale of a revenue note or notes pursuant to the Act to finance the Project. A public hearing as required by the ; Act and Section 103(k) of the Code was held on September 18, 1984. The Partnership and City now desire to proceed with the transaction. 2.03. Receipt of Documents. Pursuant to the above, there have been prepared and presented to this Council copies of the following documents, which are now, or shall be, placed i on file in the office of the City Clerk: (a) Assignment of Rents; ii (b) Loan Agreement; (c) Pledge Agreement; E (d) Mortgage; (e) Disbursing Agreement; (f) Guaranty; and (g) Note. 2.04. Findings of Fact. It is hereby found and determined that: t 1 • i ', i. I / 1 (a) There is no litigation of any nature now pending or to the best of the City's knowledge, threatened against the City, seeking to restrain or enjoin the issuance, sale, execution or delivery of the Note or any of the documents referred to in Section 2.03, or questioning the authority or proceedings pursuant to which the Note is being issued, the validity of the Note or any of said documents, or the power of the City to assist in financing the Project. (b) Neither the existence of the City nor the right of the present officials of the City to their respective offices is being contested. (c) To the best of the City's knowledge, the execution and delivery of the documents referred to in Section 2.03 will not conflict with or constitute a breach of any resolution, ordinance, agreement or other instrument to which the City is subject or is a party or by which it is bound; provided that this finding is made solely for the purpose of estopping the City from denying the validity of the Loan 'I Agreement., Pledge Agreement, Disbursing Agreement or the Note by reaaon of the existence of any facts contrary to this finding. Section 3. Authorizations. The documents referred to in Section 2.03 heceo?are hereby approved. The Mayor and City Manager are hereby authorized and directed to execute the Loan Agreement., Pledge Agreement, Disbur.sing.Agreement and Note on on behalf of the City, with such changes and modifications as they 4 deem appropriate, and such other certifications, documents or . instruments as bond counsel or counsel for the Lender shall require, subject to the approval of the City Attorney. Execution of any instrument or document by one or more appropriate_officers of the f' City shall constitute, and shall be deemed the conclusive evidence 9. of, the approval and authorization by the City and the Council, and the City Attorney, of the instrument or document so executed. Section 4. The Note. €: 4.01. Form and Authorized Amount. The Note shall be issued substantially in the form hereto filed with the City Clerk, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, in the total authorized principal amount of $1,300,000. The terms of the Note are set forth therein, and such terms, including but not limited to provisions as to interest rate, dates and amounts of payment of principal and interest and prepayment . privileges, arc incorporated by reference herein. d • • 4.02. Execution. The Note shall be executed on behalf of the City by the signatures of the Mayor and the City Manger, and shall be sealed with its corporate seal. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. 4.03. Mutilated, Lost and Destroyed Note. In case the Note shall become mutilated or be destroyed or lost, the City shall cause to be executed and delivered a new note of like outstanding principal amount and tenor in exchange and substitution for and upon cancellation of the mutilated note, or in lieu of and in substitution for such note destroyed or lost, upon the Holder's paying the reasonable expenses and charges of the City in connection therewith, and, in case the Note is destroyed or lost, upon filing with the City evidence satisfactory to it of such loss or destruction. 4.04. Registration. The City Clerk shall act as Note Registrar and as such shall maintain a Note Register for purposes of recording the names and addresses of the owners of the Note. The Note shall initially be registered in the name of the Lender. The Note shall be transferable by the registered owner or its agent duly authorized in writing upon presentation thereof to the Clerk together with a written • instrument of transfer satisfactory to the Clerk duly executed • by the registered owner or its agent. The following form of assignment shall be sufficient for said purpose: For value received - hereby sells, assigns and transfers unto the within Note of the City of Eden Prairie, Minnesota and does hereby irrevocably constitute and appoint agent to transfer said Note on the books of said City with full power of substitution in • the premises. Registered Owner Such transfer shall also be noted on the Note. f 4.05. Delivery. The Note shall be delivered to the Lender, which is hereby authorized to disburse the proceeds in accordance with the provisions of the Loan Agreement and Disbursing Agreement. Section 5. Limitations of the City's Obligations. Notwithstanding anything contained in the Note or any other document referred to in Section 2.03 hereof, the Note shall not constitute a debt of the City within the meaning of any • constitutional or statutory limitation and shall not he payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City shall not be subject to any liability thereon, no holder of such Note shall ever have the right to compel any exercise Of the taxing power of the City to pay the Note or the interest thereon or to enforce payment thereof against any property of the City and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City. The agreement of the City to perform the covenants and other provisions contained in this Resolution or the Note, or the other documents listed in Section 2.03 hereof shall be subject at all times to the availability of revenues furnished by the Partnership sufficient to pay all costs of such performance, and the City shall never be subject to any personal or pecuniary liability. Adopted_: September 18, 1984. Mayor Attest: City Clerk r.' • TO: Mayor & City Council • FROM: John D. Franc, Finance Director DATE: September 14, 1984 RE: M.I.D.B.'s for Normar Investments -: Resolution No. 84-252 $850,000 Thu proponents intend to construct a Superette with gasoline • islands at Regional Center Road and Highway 169, a total of 2400 square feet. The project would employ 12 to 15 persons with an annual payroll of $80,000. The sale will be private and backed by a letter of credit. The property is zoned correctly for this use. While this is not the type of project that staff would normally encourage I.D.R. applications, it is the only pending application we know of. The City has $1,397,000 of its "cap" left. We will not lose our cap if we don't use it. The Council might wish to let another City use the balance. JDF:bw 9/14/04 1 i I i 1 • I • CITY OF EDEN PRAIRIE, MINNESOTA Application for • Industrial Development Bond Project Financing 1. APPLICANT: a. Business Name - Normar Investments, A Minnesota General Partnership b. Business Address - 8148 Pillsbury Avenue South Bloomington, Minnesota 55420 c. Business Form (corporation, partnership, sole proprietor- sltip, etc.) - Partnership (Partners of Normar own Q Petroleum Corporation) • d. State of Incorporation or organization - Minnesota e. Authorized Representative - Marlin R. Besler General Partner f. Phone - ' 612-881-4483 • • i • 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: F,4. a. Marl in R. Resler • 3509 Therese Street Wayzata, Minnesota 55391 I. b. Norman E. Dyer ' 4887 Tale Lake Drive Denver C61nradn 80123 i c. -1- J • 1 3. GivG MUFF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Nurmtcr will own real estate, leased to Q Petroleum Corporation ,,,, (owned.by partners) for a 24 hour convenient food.and gasoline at ore. . (The partners of Normar are the sole stockholders of Q Petroleum.) „ a 4. DE.SCIRIP'PION OF PROJECT . One 40' X 60' Superette with two gasoline islands under a 12' X 90' canopy. . a. Location and intended use: ' Regional Center Road and Highway 169, Eden Prairie, Minnesota 55343 Convenient Food Store and Gasoline Sales. b. Present ownership of project site: Ed Flaherty c. Names and address of architect, engineer, and general contractor: Amcon 12400 Princeton Avenue South Savage, Minnesota 55378 5. ESTIMATED PROJECT COST FOR: Land $ 200,000.00. Construction Contracts 240,000.00 Equilrnent Acquisition and installation* 210,000.00_ Architectural and Engineering 10,000.00 Legal 25,000.00 _ Interest during Construction 15,000.00 Boni? Pc L7.e3ve 40 600 00 Contingencies 70;000 00 Loan Fees —'i0oDCf 00- -- Other ..Letter of Credit. 60,000 00 • 850,000.00 Total $ — — — — , • *Heating :cod air c-ond.itioninq should be included as building costs. Indicate the kind of equixinent to be acquired here. 1. Store Equipment. 2. Ilndcrgruuud 'inks. . 3. Cane 1ine Pump . 4. Outside licit ing. 5. Fre r r & Cooler Equipment. I 6. 72' X 90' Canopy. . • G. BOND ISSUE - • • a. Amount of proposed bond issue - $850,000.00 • b. Proposed date of sale of bond - November/December, 1984. C. Length of bond issue and proposed maturities - 30 year issue,•10 year call. d. Proposed original purchaser of bonds - Juran & Moody St. Paul, Minnesota e. Mame and address of suggested trustee - - American National Bank St. Paul, Minnesota f. Copy of any agreement between Applicant and original purchaser - None available. • • g. Describe any interim financing sought or available - Orignial Bond issue. h. Describe nature and amount of any permanent financing 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? None. • i. Before this project: None. • -3- • ii. After this project? Q Petroleum (owned by partners) will employ 12-15 employees with • annual payroll of $80,000.00 c. Approximate annual sales - Q Petroleum $4,220,000.00 • • d. Length of time in business Q Petroleum Corporation 13_ycu�,— in Eden Prairie None. e. Do you have plants in other locations? If so, where? . Yes. Q Petroleum Corporation operates stores in the following communities: Shakopee, Wayzata, Bloomington, Burnsville, Eagan, Roseville, St. Paul, Minneapolis, Brooklyn Park:, Colden Valley, Watertown, Fairfax, Howard Lake, Paynesville, Stanehfield and Fridley. f. Are you engaged in international trade? 4 No. • • 8. OTHER INDUSTRIAL DEVEDDPMENT PROJECT(S): None. a. List the name(s) and location(s) of other industrial e prat project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "relented person" within Cthe meaning of Section 103(b)(6) of the Internal Revenue • • • •• • • • _d_ ' • ( b. List al] cities in which the Applicant has requested industrial revenue development financing. y. None. f 1 c. Detail the status of any request the Applicant has before any other city for industrial development revenue financing. N/A d. List any city in which the Applicant has been refused industrial development revenue financing. None. . 1 e. List any city (and the project name) where the Applicant 6 has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. None. • • • -5 • - • • f. IT 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. None. 9. NAMES AND ADDRESS OF: a. Underwriter (If public offering) Juran & Moody 400 North Robert St. St. Paul, Minnesota 55101 b. Private Placement Purchaser (If private placeinent) To be determined. i. If lender will not commit until City passed its preliminary resolution approving the project, submit a letter from propov lender that it has an interest in the offering subject to appropriate City approval and approval of the Commissioner of Securities. _g_ • b. Bond Counsel - Briggs & Morgan 2200 West First National Bank Bldg. St. Paul, MN 55101 c. Corporate Counsel - Abdo & Abdo, P.A. • 200 Builders Exchange, 609' Second Avenue So. Minneapolis, MN 55402 d. Accountant — . Jack Olson, C.P.A. • 2828 St. Anthony Lane Minneapolis, MN • 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start - October 1, 1984. b. Construction completion - December 1, 1984. FOR FURTHER INFORMATION CONTACT:' • The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial Development bond financing does not expressly or impliedision constitute any approval, variance, or waiver of any other rule prov or requirement relating to any zoning, building, or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this p J ZL Applicant • /7'. /-7. ,7‘,/,..-•'- .:"--- ---/„:",../ By ..,,L6e /GG� ZI • • August 22, 1984 _ — Date -__ _------ 7- : RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT �' GIVING PRELIMINARY APPROVAL. TO THE PROJECT PURSUANT TO THE MINNESOTA 'J MUNICIPAL INDUSTRIAL DEVELOPMENT ACT j AUTHORIZING THE SUBMISSION OF AN APPLICATION ! FOR APPROVAL OF THE PROJECT TO THE ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT WHEREAS, • (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economi- cally sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of • chronic unemployment; (b) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of • governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such .l, population; (c) The City Council of the City of Eden Prairie (the "City") has received from Normar Investments, a general partnership organized under the laws of the State of Minnesota (the "Company") a proposal that the City assist in financing a Project hereinafter described, through the issuance of a Revenue Bond or. Bonds or a Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Bonds" pursuant to.the Act; (d) The City desires to facilitate the selec- tive development of the community, retain and improve the tax `' base and help to provide the range of services and employment y. opportunities required by the population; and the Project will e T 1 1 • assist. the City in achieving those objectives. The Project will help to increase assessed valuation of the City and help 4 maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; • (e) The Project to be financed by the Revenue Bonds is an approximately 2,400 square foot facility for use as a 24-hour superette including retail sales of gasoline and auto- motive products, convenience foods, groceries, beverages and pre-packaged fast foods, to be located west of Highway 169 and south of. Regional Center Road in Eden Prairie and leased to 0-Petroleum and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein to be initially owned and operated by the Company, and will result in the employment of additional persons to work within the new facilities; • (f) The City has been advised by representa- tives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited '4. basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible; (g) A public hearing on the Project was held on a' September 18, 1984, after notice was published, and materials made available for public inspection at the City Hall, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to ; speak were heard; (h) No public official of the City has either a ;!. direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit a financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the , City of Eden Prairie, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal. Industrial Development Act (Chapter 474, Minnesota Statutes), consisting of the acqui- , sition, construction and equipping of the Project described il above pursuant to a revenue agreement between the City and 1 Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce i gg1 i t 1 I income and revenues sufficient to pay, when due, the principal of and .interest on the Revenue Bonds in the maximum aggregate s principal amount of $050,000 to be issued pursuant to the Act . to finance the acquisition, construction and equipping of the Project; and said agreement may also provide for the entire interest. of Company therein to be mortgaged to the purchaser of 7.' the Revenue Bonds; and the City hereby undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions; 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises II engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the Project would not be undertaken but for the availability of industrial bond financing, that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and , . improve the tax base and to provide the range of service and E employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive H. development and use of land within the City and eventually to increase the tax base of the community; , 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Minnesota Energy and Economic Development Authority or such other state officer having authority to grant. approval (the "Authority"), and subject to final approval by this Council, Company, and the purchaser of the Revenue Bonds as to the ulti- mate details of the financing of the Project; i, A. 4. in accordance with Subdivision 7a of Section 474.01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Authority requesting its approval, and other officers, employees and agents of the City are hereby authorized to provide the Authority with such preliminary information as it may require; 5. Company has agreed and it is hereby determined that , any and all costs incurred by the City in connection with the 4 ' j financing of the Project whether or not the Project is carried to completion and whether or not approved by the Authority will be paid by Company; F' G. Briggs and Morgan, Professional Association, acting as i bond counsel, and Juran & Moody, Inc. are authorized to assist • in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue '1' Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council x for final approval; 7. Nothing in this resolution or in the documents pre 0 pared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived f; from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any I property of the City. The Revenue Bonds shall recite in substance that. the Revenue Bonds, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; S. It is further found, determined and declared that it is the present intent of the City Council to authorize the issuance and sale of the Revenue Bonds but the City reserves the right in its sole discretion to withdraw this preliminary approval of the Project if at any time the City Council deter- mines that the public interest and the purposes of the Act will not be served by the Project. 9. This resolution is subject to the condition that no biter than December 31, 1984 the City and the Company shall have agreed to mutually acceptable terms and conditions of a revenue agreement, the Revenue Bonds and of the other instru- ment.e; and proceedings relating to the Revenue Bonds, and their • issuance ana sale and closing on the purchase of the Revenue Bonds shall have occurred. If such agreement does not take place within that time or any extension thereof and the Revenue Bonds are not sold within such time, this resolution shall expire and be of no further force or effect unless expressly extended by the City Council; and 10. This approval is contingent upon receipt by the City from the Company of $8,500 which will be used to reimburse the City for the application fee deposited by the City with the Authority in order to preserve the issuance authority of the City with respect to the Revenue Bonds in accordance with the provisions of the Act. Such deposit shall be returned to the Company when and if the Authority returns such deposit to the City. Adopted by the City Council of the City of Eden Prairie, Minnesota, this 18th day of September, 1984. Mayor Attest: City Clerk • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE I, the undersigned, being the duly qualified and acting Clerk of the City of Eden Prairie, Minnesota, D0 HEREBY • CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof- on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to a resolution giving preliminary approval to a commercial facilities development project. WITNESS my hand and the seal of said City this day of , 1984. City Clerk (SEAL) • SEPTEMBER 18,1934 1. :; HOPKINS POSTMASTER -CORRECT 9/4/84 PRELIST/WAS $800.00 SHOULD 129.39- f BE $670.61 15830 GRIGGS COOPER & CO INC LIQUOR 4004.81. 15331 JOHNSON BROTHERS WHOLESALE LIQUOR WINE 1221.30 15832 QUALITY WINE CO LIQUOR 4 1799.34 15E33 PAUSTIS & SONS CO WINE 9.66 15834 EAGLE WINE CO WINE 580.03 15335 ED PHILLIPS & SONS CO LIQUOR 4845.77 15836 PRIOR WINE CO WINE 211.72 15837 INTERCONTINENTAL PCKG CO WINE 1527.60 15338 TWIN CITY WINE CO WINE 358.03 15839 FEDERAL RESERVE BANK PAYROLL 8/31/84 17829.3 E. 15840 COMMISSIONER OF REVENUE PAYROLL 8/31/84 9193.65 15841 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 8/31/84 13068.00 15842 AETNA LIFE INSURANCE CO PAYROLL 8/31/84 114.00 „j 15343 MINNESOTA STATE RETIREMENT SYSTEM PAYROLL 8/31/84 35.00 15844 GREAT WEST LIFE INSURANCE CO PAYROLL 8/31/84 4116.00 1 15845 UNITED WAY OF MINNEAPOLIS PAYROLL 8/31/84 109.75 15846 PERA PAYROLL 8/31/84 14776.16 4 15847 WESTERN LIFE INSURANCE CO INSURANCE 752.01 . 15848 MEDCENTERS HEALTH PLAN INC INSURANCE 4856.15 15849 PHYSICIANS HEALTH PLAN INSURANCE 11916.01 a. 15850 GROUP HEALTH PLAN INC INSURANCE 2121.64 15851 JANEI HEWELL REFUND-MEMBERSHIP FEE 10.75 1 2 SUE LANE REFUND-ATHLETIC ASSOC 25.00 1:,,J3 DANA GIBBS AUGUST 84 PACKET DELIVERY 52.00 j 15854 SUPPLEES 7 HI ENTER INC SEPTEMBER 84 RENT-LIQUOR STORE 3754.66 15855 MINNESOTA SOCIETY OF ARBORICULTUR CONFERENCE-FORESTRY DEPT 30.00 15856 HENNEPIN COUNTY TREASURER FOOD LICENSE-SUNBONNET DAYS 15.00 15857 STATE REVOLVING FUND PAYROLL 130.37 i 15858 •PADGETT-THoM SON CONFERENCE-POLICE DEPT 294.00 15859 DIVISION OF BOILER INSPECTION RENEW BOILER CERTIFICATE-WATER OEPT 6.0D 15860 NORTH CENTRAL SECTION AWWA CONFERENCE-WATER DEPT 90.00 15361 NURTHCO LTD SEPTEMBER 84 RENT-LIQUOR STORE 3757.14 15862 CHARIES J PAPPAS MILEAGE-COMMUNITY CENTER 73.50 ' 15363 PETTY CASH POSTAGE 10.75 15364 U S POSTMASTER POSTAGE-POLICE DEPT 185.00 15855 MAUMA DUES-ASSISTANT MANAGER 15.00 15366 MINNES=ASSOC OF ASSESSING OFFIC CONFERENCE-ASSESSING DEPT 320.00 15867 A & H WELDING & MFG CO GRATING-WATER DEPT 9.20 15868 A TO Z RENTAL CENTER EQUIPMENT RENTAL-STARING LAKE PARK 25.00 15859 ADDlESSO:RAPH FARRINGTON INC 2 IMPRINTERS-ELECTION EQUIPMENT 212.00 15870 AIRIIFT DOORS INC TRANSMITTERS-P/S BUILDING 90.17 s 1E871 AMENICAN LINEN SUPPLY CO MOPS/DUSTERS-LIQUOR STORE 8.8J 1 15872 IT RiCAN NATIONAL BANK SERVICE 194.73 15873 AMERICAN RED CROSS SUPPLIES-COMMUNITY CENTER 2.00 15874 AMERICAN SCIENTIFIC PRODUCTS LAB SUPPLIES-WATER DEPT 773.48 ?' 15875 AONANDALE SOD SERVICE SOD-STARING LAKE PARK 3487.50 1.8,76 DALE ARNDT AUGUST CUSTODIAL SERVICE 200.00 }� 7 A`PLH:3) COFFEE CO INC. CONCESSION STAND SUPPLIES-COMMUNITY CENTER 52.00 1)J76 ASSOCIATED ASPHALT INC BLACKTOP 1307.70 15879 AT R T IN.ORMATION SYSTEMS SERVICE 39.07 15S8O AF & T IN:0301TIOW SYSTEMS SERVICE 1310.30 .1 1:-.81 AVE; INC CONCRETE-DRAINAGE DEPT 189.75 I 15582 BLOOMINOTON LOCKSMITH CO REPAIR LOCKS-P/S BUILDING - 56.40 s' 1100.14D3 15883 BRAUN ENG TESTING INC -SERVICE-CARMEL ADDN/HOMEWARD HILLS PK/ 3558.15 EDEN ROAD/PRAIRIE CENTER DRIVE 15? BROWN PHOTO FILM-ASSESSING $261.25/FILM PROCESSING 313.30 15u:; BRYAN ROCK PRODUCTS INC ROCK 2630.54 15885 BUTCHS BAR SUPPLY SUPPLIES-LIQUOR STORES 144.50 15887 CASE POWER & EQUIPMENT CHAIN-PARK MAINTENANCE 46.23 ' 15828 CHANHASSEW BUMPER TO BUMPER -HOSES/BRAKE FLUID/LUG WRENCH/FILTERS/ 2107.68 "-' -BEARINGS/EXHAUST/HOSE CLAMPS/VALVES/SPARK -PLUGS/FUEL PUMP/VALVE EXT/BRAKE PARTS/ t: -LAMP/WATER PUMP/FAN CLUTCH/MOTOR/BOOSTER CABLES/MIRROR/WHEEL CYLINDER/HEATER CORE 15889 CLUTCH & TRANSMISSION SER INC FITTINGS/HYDRAULIC HOSE 30.23 15890 CONWAY FIRE & SAFETY INC WALKAWAY BRACKETS/RESCUE DUMMY/HOSES-FIRE 8845.78 15891 COPY EQUIPMENT INC -LUFKIN CHAIN & REEL/SCALE-ENGINEERING 149.23 i PENCIL SHARPENER-PARK PLANNING 15892 COUNTRY CLUB MARKET INC SUPPLIES-CITY HALL 81.56 15893 CPT CORP MAINTENANCE AGREEMENT-POLICE DEPT 367.00 1. 15894 CURTIS INDUSTRIES GREASE-EQUIPMENT MAINTENANCE 69.96 i' 15895 CUTLER MAGNER CO QUICKLIME-WATER DEPT 1623.91 15896 WARD F DAHLBERG SEPTEMBER 84 EXPENSES 95.00 1 15897 DALCO CLEANING SUPPLIES-COMMUNITY CENTER 113.50 15898 DAY-TIMERS INC OFFICE SUPPLIES-PLANNING DEPT 15.29 15899 A B DICK CO XEROX PAPER 232.00 41 15900 DRISKILLS SUPER VALU CONCESSION STAND SUPPLIES-SUi'4ER PROGRAMS 372.34 159D1 EDEN PRAIRIE FIRE DEPT CABINETS FOR NEW RESCUE VEHICLE 2632.00 15902 EDEN PRAIRIE TRASHTRONICS AUGUST B4 TRASH PICKUP 298.00 159n3 EMERGENCY SERVICE SYSTEMS INC INSTALL ELECTRICAL EQUIPMENT & RADIOS 2012.00 15 ENERGY MANAGEMENT INC REPAIR COOLING SYSTEM-P/S BUILDING 38.00 159u5 ENERGY-SAVING PRODUCTS FAN-P/S BUILDING 125.00 15906 ESS BROTHERS & SONS INC MANHOLE COVERS/MANHOLE RINGS 638.00 15907 FLEET MAINTENANCE INC BRAKE PADS-EQUIPMENT MAINTENANCE 31.40 15903 FLOOR CARE SUPPLY CO CLEANING SUPPLIES-COMMUNITY CENTER 178.70 15909 JAN FLYNN MILEAGE & SUPPLIES FOR SENIOR CENTER 146.41 is 15910 JOHN FRAME AUGUST & SEPTEMBER EXPENSES 330.00 159I1 G & K SERVICES JACKETS/TOWELS 83.05 15912 GARDNER HARDWARE CO LOCKS-COMMUNITY CENTER 45.00 #. 15913 GENERAL COMMUNICATIONS INC RADIO REPAIRS & PARTS 1367.61 ' 15914 GENERAI. OFFICE PRODUCTS CO OFFICE SUPPLIES 222.06 !. 15915 GI.IDDEN PAINT PAINT-PARK MAINTENANCE 255.00 15916 GREATER MINNEAPOLIS AREA SUBSCRIPTION-ASSESSING DEPT 36.00 E. 15917 DALE GREEN CO SOD-STREET DEPT 49.50 15918 JACK HACKING EXPENSES-POLICE DEPT 995.99 15919 MICHAEL W HAMILTON SOFTBALL OFFICIAL/FEES PAID 175.00 15920 KARIN HARRIS EXERCISE INSTRUCTOR/FEES PAID 459.20 15921 SCOTT HARVEY HOCKEY OFFFICIAL/FEES PAID 15.00 1592? HENNFPIN COUNTY JULY 84 BOARDING OF PRISONERS 3779.00 15923 HENN CTY-SHERIFFS DEPT JULY 84 BOOKING FEES 395.09 1594 DONNA HYATT EXPENSES-POLICE DEPT 13.05 15925 INDE.PEN'.)ENT SCHOOL DIST #272 AUGUST 84 CUSTODIAL SERVICE 1406.06 15926 INGRrAM EXCAVATING SERVICE-COMMUNITY CENTER 2974.00 15927 OM OFFICE PRODUCTS INC OFFICE SUPPLIES-WATER DEPT 33.39 1'^"R JAK OFFICE PRODUCTS CO OFFICE SUPPLIES-POLICE DEPT 11.98 1: i ROGER JOHNSON SERVICE-ANIMAL WARDEN 50.00 i 15930 JUSTUS L UdER CO LUMBER-POLICE DEPT 105.06 3993725 • s 1 I 15931 KARULF HARDWARE INC -CONCRETE MIX/BUG SPRAY/CORK/HOSES/PLIERS/ 1230.3' -SPRINKLERS/STAPLES/BATTERY/TOOL BOX/HITCH -SHOVEL/VISE GRIP/PIPE/FLANGES/TWINE/SPRAY f -PAINT/HAMMER/SCREWDRIVERS/KEYS/PLASTIC -BAGS/VARNISH/AXES/NOZZLES ILIGHT BULBS/ -WRENCH/DRILL BITS/DEGREASER/WASTE BASKETS -HINGES/TAPE/PADLOCK/GLOVES/COUPLER/HOOKS/ BROOMS/BELTS/SANDPAPER 15932 RAY KERBE.R HAY BALES-DRAINAGE DEPT 30.00 15933 KLEVE in G & AIR COND INC -REPAIR AIR CONDITIONER-CITY HALL/REPAIR 1304.50 COMPRESSOR-FIRE STATION 15934 Y.RAEMLRS HOME CENTER -PLIERS/SHOVEL/SCREWDRIVER/GAS CAN/POST 271.92 HOLE DIGGER/PAINT 15935 LAKE STATE EQUIPMENT CO EQUIPMENT REPAIR & PARTS 1118.66 15936 LANCE SUPPLIES-LIQUOR STORES 78.14 15937 LANE INSURANCE INC INSURANCE 24595.09 15938 LAS-SANA/ARGUS L10 ANIMAL. TRAINING BITE SUIT 728.25 15939 LEAGUE OF MINNESOTA CITIES LABOR RELATIOiNS SUBSCRIBER SERVICE 2070.00 15940 LIEF BROS INC AUGUST 84 RUG SERVICE 43.80 15941 LITIN PAPER CO SUPPLIES-SUMMER PROGRAMS 40.55 15942 MARIGOLD FOODS AVIATION DEPT EXPENSES-POLICE DEPT 60.44 15943 MARSHALL & SWIFT BOOK-ASSESSING DEPT 35.00 15944 MCFARLANES INC CONCRETE-DRAINAGE DEPT 28.00 • 15945 MCGLYNN BAKERIES INC EXPENSES-POLICE & CITY HALL STAFF MEETINGS 304.71 15946 MERIT/JULIAN GRAPHICS FORMS-BUILDING DEPT 347.60 15047 METROPOLITAN WASTE CONTROL COMM OCTOBER 84 SEWER SERVICE 58910.77 1594E MIDLAND PRODUCTS CO CONCESSION STAND SUPPLIES-ROUND LAKE PARK 15.00 1r"'19 MID'WEST ASPHALT CORP BLACKTOP 141.16 1. ,0 MINNESOTA COMMUNICATIDNS CORP SEPTEMBER 84 PAGER RENTAL-WATER DEPT 25.75 I5951 MINNESOTA GAS CO SERVICE 74.17 15952 MINNESOTA SUBURBAN NEWSPAPERS INC EMPLOYMENT AD-COMMUNITY CENTER 66.00 15953 MINNESOTA ICE ARENA MANAGERS ASSO REGISTRATION FEES-COMMUNITY CENTER 150.00 15954 MINNESOTA SUBURBAN NEWSPAPERS INC ADS-LIQUOR STORES 54.6D 5 15955 MN-TX REFUND-METRO SAC CHARGE 50.00 15956 MODERN TIRE CO REPAIR TIRE/WHEEEL ALIGNMENTS 106.47 15957 MOIOROLA INC REPAIR ANTENNA LINES FROM TOWER 111.60 15958 MOTOROLA INC CITY RADIOS FOR CITY VEHICLES 10328.28 15959 NCNB FINANCIAL SERVICES INC LANDSCAPE MATERILA-PARK MAINTENANCE 312.00 15960 JrFF NELSON SOFTBALL OFFICIAL/FEES PAID 543.00 15961 NORTHERN STATES POWER CO SERVICE 6376.46 15962 NORM!-RN STATES POKER CO SERVICE 2191.59 15963 NOiWEST BANK MINNEAPOLIS NA BOND PAYMENT 143738.85 I5964 NORTt;'.!ESEIRN BELL TELEPHONE CO SERVICE 2757.87 15965 NOSTH,IESTERN BELL TELEPHONE CO SERVICE 381.37 I596-1 NORT!I>:LSTIRN BELL TELEPHONE CO SERVICE 258.73 15967 (MICE PRODUCTS OF MN INC COMPUTER PAPER-CITY HALL 72.00 15968 PARK AiiTO Ui'IiOLSTERY REPAIR CAR SEAT-POLICE DEPT 65.00 15969 CLIFFORD PATTERSON SOFTBALL OFFICIAL/FEES PAID 75.00 15970 W G PE/PSON INC ROCK 22.77 15971 PEP`1/7-UP BOTTLING CO REPAIR POP MACHINE-P/W BUILDING 10.00 1597? PEPS1/7-UP LOTTLING CO CONCESSION STAND SUPPLIES-ROt1ND LAKE PARK 113.25 15973 T A PERRY ASSOC INC EQUIPMENT REPAIR & PARTS-P/S BUILDING 118.75 '14 PH010 QUICK PHOTOS PROCESSED-POLICE DEPT 18.44 >.,+/5 PRAIRIE VILLAGE. MALL MERCHANTS AS SERVICE-LIQUOR STORE 50.00 259425SO 1 • i i 15976 PRIOR LAKE AGGRETATE INC SAND 595.91 1E-7 REEDS SALES & SERVICE DRIVE SHAFT/LAWN MOWER BLADES-PARK MAINT 85.20 1. d RETAIL DATA SYSTEMS OF MINNESOTA CASH REGISTER PAPER-LIQUOR STORE 49.1'0 15979 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-WESTWOOD IND PARK/CARDINAL CREEK 4664.20 -3RD ADDN/RYMARLAND CAMP 3RD ADDN/LAVONNE -INDUSTRIAL PARK/VALLEY VIEW ROAD PHASE II PRAIRIE CENTER DRIVE 15980 ROAD RESCUE INC 1ST AID KITS-FIRE DEPT 327.87 15981 ROGERS SERVICE CO STARTER/REPAIR ALTERNATOR 317.57 15982 CITY OF ST LOUIS PARK HP 125 COMPUTER/DISC DRIVE-COMMUNITY CTR 2000.00 15983 ST REGIS CORP STEEL-RIDING ARENA 289.27 15984 WAYNE R SANDERS EXPENSES 23.13 15985 SATELLITE INDUSTRIES INC PORTABLE RESTROOM-SUNBONNET DAYS 101.00 15936 SHAKOPEE FORD INC -CABLE/REPAIR TRANSMISSION/BODY REPAIR 753.99 . • ON SQUAD CARS • 15987 SKETCH PAD SUPPLIES-ELECTIONS 124.12 15988 BEN SKINNER MILEAGE-FORESTRY DEPT 19.50 15989 W GORDON SMITH CO -BELTS/REGULAR GAS $3177.00/BATTERIES/LAMP 3825.13 -WIPER BLADES/FAN/IMPACT WRENCH/OIL/FILTER GREASE/ALTERNATOR 15990 SNAP PRINT INC FORMS-POLICE DEPT 74.55 15991 SNAP PRINT-WEST FORMS-POLICE DEPT 32.00 15992 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-COMMUNITY CENTER 60.00 15993 SOUTHWEST SUBURBAN PUBLISH INC ADS-LIQUOR STORES 429.00 15994 STANDARD SPRING CO REPAIR CAR SEAT SPRINGS 295.00 I 15995 SUPPLEE ENTERPRISES INC SUPPLIES-LIQUOR STORES 50.16 i 1 16 TENNESSEE CHEMICAL CD CHEMICALS-WATER DEPT 4517.27 1,..o7 UNIFORMS UNLIMITED UNIFORMS-POLICE & FIRE DEPT 1789.45 15998 UNLIMITED SUPPLIES INC SCREWS/BOLTS & NUTS/WASHERS 212.24 15999 VAN WATERS & ROGERS CHLORINE-WATER DEPT 483.08 16000 VESSCO INC REPAIR CHLORINE FEED EQUIPMENT-WATER DEPT 1698.60 I 16001 VIKING LABORATORIES INC CHLORINE/BICARBONATE OF SODA-COMMUNITY CTR 280.15 16002 DAVE VITTERA SOFTBALL OFFICIAL/FEES PAID 180.50 �t, 16003 VOLP CONSTRUCTION CO INC REDID-BUILDING PERMIT 684.50 i 16004 BECKI WARNER MILEAGE-ELECTION A 16.25 16005 WATER PRODUCTS CO -SAWBLADES/PIPE/102 PRESSURE REGULATORS/ 6172.25 -$2958.00/TWO 1 1/2" METER $580.00/METER SEAL 16006 XEROX CORP SERVICE 87.00 16007 ZEF MEDICAL SERVICE IST AID SUPPLIES-COMMUNITY CENTER 74.60 t'. 16008 ZIEGLER TIRE SERVICE CO TIRE 217.50 16039 ZIEGLER INC CYLINDER/VALVE-EQUIPMENT MAINTENANCE 125.02 16010 ALBF I W DAY SOFTBALL OFFICIAL/FEES PAID 150.03 ; 16011 CRAIG VICK SOFTBALL OFFICIAL/FEES PAID 12.50 16012 At1IEU R LACKTOP CO SERVICE 70653.94 16013 BARER COOST CO SERVICE-EDENVALE BLVD 9226.37 16014 BR0.;IN & CRIS INC SERVICE-CARMEL ADDN 45859.07 16015 FO,11',T i_AKE CONTRACTING SERVICE-HOMEWARDS HILL PARK 68192.21, I 16016 NOIHUAI"E CONSTRUCTION CO SERVICE-LAVONNE INDUSTRIAL PARK 4643.3/ 15017 OPUS CORPORATION SERVICE-FLYING CLOUD DRIVE UTILITY 90462.56 16018 SHAFER CONTRACTING INC SERVICE-PRAIRIE CENTER DRIVE 72507.17 19 WEER COt:TRA(:TIN(6 INC Sf_RVICL-PRAIRIE CENTER DRIVE 344936.97 .',20 BLt R 1'HO:EYEERS INC BEER 6612.61 16021 CAPITOL C11Y DISTRIBUTING CO BEER 129.65 74401183 1 1 f • • 1602? CITY CLUB DISTRIBUTING CO BEER 15047.47 16( COCA COLA BOTTLING CO MIXES • 701.11 16 <4 DAY DISTRIBUTING CO BEER 5841.00 16025 EAST SIDE BEVERAGE CO BEER 7874.26 • 16026 GRIGGS BEER D1ST INC BEER 5588.85 16027 KIRSCH DISTRIBUTING CO BEER 489.89 16028 PEPSI/7-UP BOTTLING CO MIXES 842.85 16029 ROYAL CROWN BEVERAGE CO MIXES 235.85 16030 THORPE DISTRIBUTING CO BEER 12696.85 16031 BECKY PLOWMAN-HAHN TENNIS INSTRUCTOR/FEES PAID 144.00 16032 RICK SITEK GOLF INSTRUCTOR/FEES PAID 590.00 5005213 $1203501.04 • • • • • • 10 • September 18, 1984 Cash Disbursements by Fund number • 10 GENERAL 232079.68 11 CERTIFICATE OF INDEBT 20826.28 • 15 L/S PRAIRIE VILLAGE MALL 51403.59 17 L/S PRESERVE 28740.76 ' • 30 CASH PARK FEES 289.27 31 PARK ACOUIST d DEVELOP 6904.17 33 UTILITY BOND FUND 69012. 12• 43 77 FIRE DEBT FUND 59468.20 44 UTILITY DEBT FUND 84465.38 5' IMPROV CONST FUND 155786.37 3. ROAD IMPROV CONST FD 100.86 73 WATER FUND 15360.21 77 SEWER FUND 59189.39 81 TRUST & ESCROW FUND • •684.50 90 TAX INCREMENT CONST FUND 419190.26 $1203501.04 fI • • • • • f:• CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #84-243 • RESOLUTION APPROVING THE PRELIMINARY PLAT OF VANTAGE CORPORATION • • BE IT RESOLVED, by the Eden Prairie City Council as follows: • That the preliminary plat of Vantage Corporation, staff-dated August 27, 1984, consisting of three lots and threee outlots to be known as Golden Strip East, 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 , 1984. • Wolfgang H. Penzel, Mayor ATTEST: John D. Crane, City Clerk • 0 ( T 1p „ f• 1Pi P 1f' PLANNING 1: I - i 1 TRANGPOfITATION t'- _ILLILJu.>.LJU ENGINUfING LJt_.J ARCHITCCI URE DENNLIT.Il'iN I'uSL. WOLSI ELU JANV,S.GAMIER, INC.•THnESHER SOLAR.•700 THIRD SMUT SOUTH•MINNEAPOLIS. MN SS115•PHONE E11.1700ee August 22, 1984 City of Eden Prairie 1 8950 Eden Prairie 'j Eden Prairie, Minnesota 55344 Attn: Chris Enger, Planner 1, RE: Golden Strip East Preliminary Plat '-F Dear Mr. Enger: On behalf of the Vantage Companies, wo are requesting the City of Eden Prairie Planning Commission consider the creation of Outlot C as part of the Golden Strip East Plat and to also eliminate a designated right of way for Golden Triangle ' Road in Outiot A which Is being deeded to the City. The creation of Outlot C is z, a result of the changes made to the site plan of Southwest Crossings i Showroom/Tech site prior to final approval of the plan by the City Council. The ,fi, final plat submitted to the City Council for consideration showed Outiot C at .. the present location. The City Council approved the final ptat with the con- dition that Outiot C be dropped from the final plat since it was not presented at the public hearing for the preliminary plat of Golden Strip East. 1 We hope the Planning Commission and City Council views this requested change not as an additional change to future development, but rather clarification of a t detail that came about In the course of receiving approval of the plans and plat. It is still the intention of the Vantage Companies to present to the City of Edon Prairo a master plan that represents the development alternatives for jj this site. At the present time, we anticipate presenting the overall master plan to the City in the first part of October. At that time, the requested changes i showing Outlet C will be further explained to help understand the necessity for j having Ouilot C <is an access road. To help understand the need for Outlot C, we have prepared two drawings that represent two of the alternatives being con- sidered In the master planning for this area. i Exhibit A represents a concept of having two cul-de-sacs extend north from Viking Drive to serve the west half of Outlet B. Outlet B has major grade dif- ferentials from east to west. By providing two cut-de-sacs as shown on the exhibit, building sites can he identified that will allow the elevation dif- ferences to remain. in doing so, natural vegetation has a better chance of remaining as part of the overall development planned for Out lot B. i 1 IuViI J 1-`.NI.1T E,eNNLa W 1,41.n(,:t IUCitM11(•I•WOI SI I I CI 111111E IA12MIS I AMU NCI-.1 C SI,I,Nf11 COMAS CARROLL ANNOLD J.UEI!'-570 C•IA,A IS4>N:<:4N 0,iAi II I.lIAN1 MAIM 0!Ahi NOUN JOIN Il 1.I<NAMAIIA GAEIYJ IHICKSON DUNAI0 I_CHA10 s'INNCAP(LIS Oi_NVGR BREC<ENRtDGC PHOENIX d. 9 I • • Mr. Chris Enger • l August 22, 1984 Page 2 • Exhibit B represents a loop road concept that would possibly require more sub- tantiel clearing of vegetation to accommodate the grading of the roadway. Having a loop road to serve Outlot B would be more desirable from a traffic management point of view since all building sites would have two means of egrees. The two alternatives represented will be explained further at the time the master plan is submitted to the City. We are presenting the alternatives at this time to show the need for Outiot C as a major egrees for land in Outlot B to be developed at a future date. Providing Outiot C with the Golden Strip East Plat, will insure the availability of this land for an egrees from Outlot B. We appreciate the continued help of the City staff with regards to our develop- ment and look foward to working with the staff and the Planning Commission In the creation of the master plan. if you should have any questions regarding the designated request, please feel free to give me a call. Sincerely yours, NiiETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC. bd>s� Dale N. Beckmann Associate • DNB/da cc: Matt Nichols Railegh Nousam Ray Gearhard • Dave Mitchell • (_> J STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner liNtOueti: Chris Enger, Director of Planning DATE: August 24, 1984 PROJECT: Preliminary Plat of Southwest Crossing Phase II APPLICANT: Dale Beckman, BRW FEE OWNER: Vantage Corporation REQUEST: Preliminary Plat of 56.25 acres into three lots and three outlots. • Background v r�� ; Vantage is requesting a preliminary r N u plat which would include Outlot C to _ _ 8014 1-2 M • •T __1 be designated as an access road for � �•..,1 future building sites behind the i .. : .t •fi_ a;a ' i proposed office and showroom build- -' 1 • ally rN ings. The creation of Outlot C is : /' f the result of changes made to the / t.h.• a site plan between the Planning f -, a_ • Commission and City Council. rIN-!.Commission will note that there are PROPOSED SITE now four buildings instead of five. \ - Jhe fifth building was removed as a result of a tree inventory supplied 1 si '3-� 4). 3 { by the proponent, which indicated '* N that a large number of mature oaks-" trees would be lost due to 1 • �-- ,,. .; construction. • sc; + ~ -.-\F .,"�� The proponent has provided two . � �rv�'��t ,�1 ,� L: ._{ exhibits which utilize Outlot C as ^;:�; \' an access drive for either a cul-de- \\� � `� f�� sac or a loop road. From these �. ,Ns, �'',—•-- exhibits, we do know that there will ' 41..,��,3;. - __ 1_ . be a considerable amount of tree -- r a ccorrnodate - loss u� these areas to 3 the r•oadrr<tys because of the .;mount -� 7o r 6 of grading. t;o' ever, without the l, c3 '�� `a2 I-5PK OFC. benefit of a general development Orr 1l Ui•f \� • plan which shows potential building � �-- _� •,(7 sins, proposed parking areas, and icy 1 f\ ----1 f grading limits, it is difficult to 6'31 ; a c ,,N /� " " i p M .accurately ascertain the extent of I U� `i.i,::(`a r.Y e.'t E V.a\1 P ribs . I, • Southwest Crossing Phase II 2 . August 24, 1984 - impacts, and whether or not road access along outlot C is practical or necessary. STAFF RECOMMENDATIONS 1. The Planning Commission could recommend approval of the preliminary plat request as submitted with the condition that outlet C could be used for road access pending review and approval of an overall master plan for the balance of the property which would include proposed building sites, parking mass grading, and a tree inventory. 2. Recommend approval of the preliminary plat of 56.25 acres into of threelotree tC lois s and 3 lots. Approval of the Plat not to constitute approval an access road. • . it t F. VANTAGE. Request for Preliminary Plat of 56.25 acres into three lots and three outlets to be known as Golden Strip East. Location: North of I-494, west of County Road #18. A public hearing. Mr. Dale Beckman, representing proponent, reviewed the' request with the . Planning Commission. Proponents were showing three lots and three outlots I in the proposed plat. Mr. Beckman stated that Outlot A was being dedicated to the City. Outlot C would also be for public purposes for future. construction of road access throughout the project. A warranty deed would be issued to the City for this purpose. Mr. Beckman stated that they were requesting the road to be platted as an outlot at this time to allow for . . flexibility in plans for the overall development of the property, which g would be presented to the Planning Commission in the near future. a Torjeson asked if it would be possible to allow flexibility within the I. east/west 'alignment of Outlot C for the future. Mr. Beckman stated that this would not be a problem. Chairman Bearman asked for comments and questions from members of the • audience. There were none. . . . • MOTION 1: :.. `. 1 • Motion was made by Gartner, seconded by Johannes, to close the public hearing. Motion carried-5-0-0 ; •• A NOTION 2: t a•. Motion was made by Gartner, seconded by Johannes, to recommend to the City Council approval of the request•of Vantage for Preliminary Plat of Golden Strip Cast for 56.25 acres for three lots and three outlots, based on plans dated August 22, 1984, subject to the Staff Report dated August 24, 1984, and subject to receipt of a deed to the City, if determined necessary, for Cutlet C. . .E 1 i • . , • . • September 13, 1984 TO: Pat Solie, City Licensing Clerk FROM: Lieutenant Les Bridger SUBJECT: . LIQUOR LICENSE APPLICATION -- THREE BEEZ II I have investigated the necessary areas of personal and business background of applicants Milton Donald Anderson and wife Ardelle Mae (Sonnenberg) Anderson and although the investigation is not yet completed, I find no evidence that would be contrary to the issuance of a liquor license to the above applicants DBA/The Three Beez II Restaurant • located in the Eden Prairie Shopping Center. If, however, a problem area does arise prior to the • completion of this investigation, I will make the appropriate notification. LKB:sm ZI1 • • MEMORANDUM T0: Mayor and City Council • f}IRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services • DATE: August 30, 1984 SUBJECT: Hidden Ponds II Homeowners Association Request Attached to this memorandum is a letter from Richard Berg, President of the • Hidden Ponds II Homeowners Association requesting, on behalf of the Homeowners Association, the City to consider a donation of the Homeowners Association common grounds and ponds to the City of Eden Prairie. • The City of Eden Prairie considered a similar request in a letter from Jack Miller, Attorney for Ecklund and Swedlund in 1981. A copy of that April 9 letter is attached, as well as the April 35 staff report describing the conditions of the outlots. • On April 20, 1981, the Parks, Recreation and Natural Resources Commission reviewed the request and expressed concerns that if the City sets a precedent in accepting these types of outlots, it will .then be asked to accept all the other unmaintained trails in the City; however, the final motion recommended the Council accept the outlot subject to the Homeowners Association improving the trails and the property owners maintain the grass. The City Council reviewed this recommendation and request at their first meeting in May of 1981 and denied the request citing the fact of setting a precedent and the potential expense of taking over and maintaining many miles • of privately owned trail within backyards. ill,:md • • '2 t1Q • Mi2.yor and City Council u Eden Prairie Road L.en Prairie, Mn. 55744 • Dear Mayor and Council Members, We the Hidden Fonds II Homeowners Association would like to be scheduled into the council meeting on September 4, 14E4. The purpose of our request is to discuss the donation of our common property and ponds to the city. • The addition of the ponds with future bike path construction around the ponds would give the park system bike paths from Round Lae through Hidden Ponds Park to the residents on the west end • of Hidden Ponds as well as the new residents in Nature - Trail Acres. In the winter- the paths would be a great: cross country ski area. A recent survey of the homeowners in Hidden Ponds II showed a very large majority of the people were in favor of giving the land to the city park system. We are not in favor of the city taking the area piece by piece as was done with one of our ponds. Thank You, Rzs Richard Berg President, Hidden Ponds II • Homeowners Association 7103 Tartan Curve • Eden Prairie, Mn 55344 474--5`06 • 1. MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission ThRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services 7 DATE: April 15, 1981 SUBJECT: outlots A and B Hidden Ponds (First Addition) r. Attached to the memo is a letter dated April 9, 1981 from Jack Miller asking the City Council if the City will accept a deed to Outlots A & • B in Hidden Ponds First Addition. Mr. Miller's letter explains that the outlots in the first addition were intended and have been kept in there natural state, except for the pedestrian paths constructed. It should be noted that the only place those outlots are in their natural condition is the relatively narrow strip of land between Duck Lake Trail and the pond in Outlot A. The E. remaining portion of the outlots are being maintained as parts of the -1 adjacent properties yards. • • �` After reviewing the condition of Outlots A and B and the trail constructed within those outlots, staff would like to bring the following information • to the attention of the City Council: 11 1. The adjacent property owners are presently mowing the grass in all of the.outlots with the exception of the area adjacent to Duck Lake Trail. 2. The bike trail appears to have been developed using four inch deep strength asphalt and is in fair condition. The entire , length of the trail should be seal coated this year and approximately 150' of the trail should be replaced either before the City accepts the trail or as soon as the City accepts the trail, r the existing conditions present a liability concern. 3. The City presently has drainage and utility easement over these outlots. 1 .. 4. The general public uses the trails. 5. The trails will not be maintained unless we do it because the Homeowners Association is not working as a vehicle for maintenance of these trails for the reasons listed in Mr. Miller's letter. City staff believes that it would be appropriate to accept these outlosts under the following conditions: 'j. .< l 0. ' -2— a. Members in the Assoicaiton agree that the City will not be responsible for mowing within these outlots. • b. That the City take immediate steps to correct the few dangerous situations on the asphalt path. The cost for the pathway improvements would be approximately $2,500 to $3,500, depending on whether the City was able to do the seal coating or if it had to bo contracted. Estimated cost breakdowns are as follows: Replacing asphalt that has washed or heaved: $1,800 Seal Coating: $700-$1,700 depending on City or contracted This item will go before the Parks, Recreation and Natural Resources Commission on April 20 and before the City Council on April 21st. BL:md • • • • a • M1 Mrra.i it & NEAHY • f AvromNF,YS AT LAW {- ( .T(•ICN (.TACK) 1.1. 1SII.tXU SUITE 006 1201!41,1 J.N,ABi • YAM{NATIONAL,BANK BUILDINg 10sr.r"M Crs,.1,IIAilO 81T53 WAYZATA BOULEVARD _..._ 1111NN11A r01.18. M1NNI:4OTA 641 O - htAt(N,1 11 AN DM(VELD • PAUxn, 612-0444077 Unv It. 1=uNree • KAltl'H. w'Arwus • April 9, 1981 oruevaeau UnVAL K SINS 1 Mr. Carl Julie, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Outlots A and B, Hidden Ponds (first addition) } Dear Mr. Julie: 7,0 Congratulations on your appointment as City Manager! From what I have seen .; and heard of your work for the City in prior years, the City Council should be commended for a wise choice. Now that the kindly but true remarks are out of the way, may I address you with a small problem concerning Outlots A and B in Hidden Ponds (first addition). As you may know from the City records, legal title to these outlots rests with a dormant non-profit corporation known as "Hidden Ponds Homeowners Association" and organized by the original developer, Ecklund 6 Swedlund (enclosed is a.copy of my November 9, 1978 letter to the City which sets out in a bit more detail ownership facts on Outlots in both Hidden Ponds and Hidden Ponds Second Addition). The outlots in the first addition were intended and have been kept in their natural state, except as I understand it, the original developer did construct some cart paths. Although the outlots are to be kept in a natural state, there is or will be some need for minimal maintenance from time to time. Yet the association is not working out to be a vehicle for doing this maintenance. One reason is the Chapter 11 of Ecklund fi Swedlund and its effective withdrawal over the past few years as the prime developer for the Hidden Ponds project. A second reason is that homeowners in Hidden Ponds (first addition only) arc not members of this association by virtue of buying their property. Thus there is so legal machinery for the association to raise dollars for assessments and to use those dollars for whatever minimal maintenance is necessary. A noisier of residents in the first addition have called me as attorney for Hidden Ponds Second to see if there is some solution. One that has been brought up in the pat which is probably both best and the most simple is for the outlots to be deeded to the City. A you can see from the enclosed plat, the City already owns Ontlot C in Hidden Ponds Second Addition, which as part of the ori;;inai development must have been intended to be a connecting link for all of the outlots in both additions. Also there is that portion of Out lot B in the Second Addition that the City also owns, which makes ;the City an intcTra] outlot owner for the entire trail system in Hidden Ponds first and second additions. Whatever maintenance procedures the City implements for its out.1ots would seem to be easily extended to pick up Outlots A and B in the first a addition. 1t r • Mr. Carl Julie, City Manager April 9, 1981 -- Page 2 11 • In any event, this letter is sent to you in the form of a question: will the City accept a deed to Outlots A and B in Hidden Ponds (first addition) if such deed can be made available? A yes answer I believe would ring a harmonious note with any concerned residents in the first addition. Thank you. Very truly yours, • MILLER $ NEARY • (Jack) (Jackk M.M. MiIler JMM:ew Encl. c/c Bruce and Maureen Brady 18216 Valley View Road • Eden Prairie, Minnesota 55344 c/c Jack Peterson 7157 Ticonderoga Trail Eden Prairie, Minnesota 55344 P.S. As for the status of the Homeowners Association in Hidden Ponds Second, enclosed is a copy of a letter dated March 24, 1981, outlining what recently has happened to activate that association by the residents who through their property purchase became members of the association. JMM The,,w .t Co.;r,,, ,C; 16S She:a'd Tower • Minneapolis.MN 55426 • 61?.546 2276 i 13 September 1984 ' 4 Honorable Mayor and Council CITY OF EDEN PRAIRIE 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Subject: Proposal for Assisted Apartments Dear Mayor and Council: We have been working closely with the City Staff for the last few months to develop a program to assist lower and very low income people (elderly and families) by developing a method of producing affordable rental housing. Our preliminary Proposal for a 112 unit apartment development is a result of the last few month's work with the City Staff. This Proposal consists of two buildings (56 unit elderly and 56 unit family). We are respectfully requesting the City Council to approve the concept described in the proposal. If the concept is acceptable, we will then proceed to have the site plan reviewed by the Planning Commission and bring it to the City Council. We will also work out a formal agreement with your legal, planning and financial staff. All of these details will have to be approved by the City Council. We appreciate the assistance and dedication exhibited thus far and are looking forward to working with the Staff and Council in the future to produce this affordable housing development. S nee ely, /1 :4 • l Richard C. Krier, AICP Vice President Derrick Companies RCK:clb cc: Mark Jones, President Mark Jones & Associates 1 PRAIRIE VILLAGE APARTMENTS 112 UNITS IN EDEN PRAIRIE, MINNESOTA By Derrick Companies August, 1984 PROPOSAL Derrick Companies and Mark Jones S Associates propose to construct 112 apartments in two buildings. This housing will he constructed for very low income people. One building will be for elderly, very low income and the second building would be for non-elderly, very low income people. These Village Prairie Apartments will be three-story buildings with . underground parking, surface parking, elevators, and storage area on a large landscaped lot. The development is part of the Gonyea Fourth Addition PUD and is designated for multifamily housing as part of the PUD. Very low income housing means that the rents, including utilities must not exceed: One Bedroom $388.00 per month ", Two Bedroom $451.00 per month } Besides the rents being at this lower level, there are income limits placed on people renting the apartments. The income limits for these reduced rents would be as follows*: Very Low Family Size Income Limit One Person $11,500 `' Two Person $13,100 Three Person $14,750 Four Person $16,400 Both the rents and the income would be adjusted annually for inflation. People who did not qualify within these income limits would not be provided with any assistance but would pay market rate for the apartments. The apartment's 1985 Market rate rents would be: One Bedroom Small $462.00/mo. A One Bedroom Large $490.00/mo. One Bedroom/Den $536.00/mo. Two Bedroom $561.00/mo. *Subject to annual adjustment by U. S. Department of Housing and Urban Development effective May 11, 1984, for Hennepin County. is Income is qualified on an annual basis based on tax returns and other available current data (from employers, assistance payments, Social Security, etc.). As a general rule, people should be able to afford 30%, of their income for housing expense. This 30% includes the cost of taxes, utilities, mortgage or rent and association fee, if any. Of course, in our proposal the 30Z would be to cover rent and utilities only. As an example of income to what people can afford, I have provided the following comparison. 1. Social Security Payment = $450 - $500 per month x 30% = $150 per,month of affordable rent. Source: Area office Social Security Administration { 2. Employed Persons 16 years and older, a median wage scale in the Eden Prairie area would be comparable as follows: . Occupation Annual Income Rent Managerial $21,000 $525/mo. Sales/Support $16,000 $400/mo. Service $ 9,000 $225/mo. Farming 81.8,000 $450/mo. Production/Repair $16,000 $400/mo. Operator/Laborer $ 9,000 $225/mo. Source: 1980 Census adjusted by CPI for 1980, 81, 82, 83, 84 Note: This income by occupation is rounded to the nearest $1,000 So, as demonstrated above, the housing would be affordable for people who presently live in Eden Prairie and are receiving Social Security (elderly) and those income producers, who are productively employed and currently residing in Eden Prairie. Of course, all housing is equal opportunity, and other non-residents and those receiving other assistance payments would also be housed in the proposed development. The point is there is a need for affordable housing in the community for employed and elderly people who presently reside in Eden Prairie. LOCATION The proposed apartment buildings will be located at U. S. Highway 5 and County Road 4. This northeast quadrant location is well suited for elderly and multi-family housing for the following reasons: 1. Closeness to the Prairie Village shopping center with drug store and grocery store. 2. Closeness to medical offices, library, schools, new hank and churches. 3. On a public transportation route. • • • .771 7. • 4. Adjacent to large open space. is 5. Across the street from a major employment center, Birchwood YI industrial area, so people who are employed there or will be employed there, and in other employment areas, will have the opportunity of housing near their place of employment. The location is also in the middle of an area which presently contains approximately 3,000 elderly households*, and which in ten years will e. contain more'elderly households. This gives the opportunity for elderly people, who live in the area, to continue to enjoy their neighborhood. • WHY THIS HOUSING IS BEING PROPOSED Although several lower income housing developments have been built in Eden Prairie, the latest a 63 unit 202 elderly project near this location (Edendale), there is a continuing need to provide additional housing. This continuing need is similar to others in nearby communities. The 1980 census of population indicated that nearly 1,800 households in these lower income group presently live in Eden Prairie. In addition, assuming the 202 elderly project satisfied part of this need, 100 units would still be marwetable for the proposed housing. • HOW TO PROVIDE AFFORDABLE HOUSING TO VERY LOW INCOME We have developed financing methods whereby these housing needs can be partially satisfied. These financing methods use presently available tools which when used in combination, can produce very low income housing. These financing methods can be used without risk to the City and with the subsidy being paid back by us so it can be used again. The Metropolitan Council Allocation Plan indicates a need for 760-1900 very low income homes in Eden Prairie by 1990. Of this, 4O% are expected to he elderly, very low income. Forty percent (40%) of the very low income, less the 202 Project, is 304 housing units or 48 units per year. This proposal satisfies part of the continuing need for very low income housing. *Part. of Edina, part of Minnetonka, all of Eden Prairie • ,. I 1 The financing methods work as follows: We would use Housing Revenue Bonds to finance the construction `.14. and provide a permanent mortgage. Housing Revenue Bonds are similar to Industrial Development Revenue Bonds, which Eden Prairie has used previously, except they are outside the cap limits imposed in the recent Congressional Session. We would • prepare a housing plan and program as required by State Law. The f, housing.plan would be the same as the plan contained in the , City's Comprehensive Plan. The housing program would describe our proposed 112 unit apartment development. The Planning : f. Commission and the City Council will review and approve the housing plan and program after a public hearing. The housing 4. plan and program must also be approved by the Metropolitan . x Council and Minnesota Housing Finance Agency. The Housing Plans and Programs approvals by the Metropolitan Council and MHFA is a matter of 'course. The City Council would also approve the Housing Revenue Bonds. We, of course, would prepare all the documentation for review by your legal, financial and planningii staff. The Housing Revenue Bonds for financing will allow us to provide 1 apartments with the following rents: One Bedroom Small $462.00/mo. One Bedroom Large $490.00/mo. One Bedroom/Den $536.00/mo. Two Bedroom $561.00/mo. See Aattached Summary Proforma This is moderate income rent and not very low income rent. To reduce the rents to low income rents, we would use Tax Increment Financing }1 (TIP) and Community Development Block Grant money (CDBG). We would Y,,j only use TIF and CDBG for very low income qualified people. This would allow us to reduce the rents to: One Bedroom $388.00/mo. Two Bedroom $451.00/mo. These are Fair Market Rents (FMR) for very low income people These very low income qualified people would be provided with federal assistance to further reduce the rents. The Federal Section 8 Lease p Existing Program would be used (Eden Prairie is presently > , participating in this program). We must reduce rents to Fair Market Rents (FMR), or the federal assistance program would not be available to serve the very low income group. i, ) . 11 • One Hundred and Twenty-nine Thousand Dollars ($129,000) of CDBG money would be used and Eight Hundred Thousand Dollars ($800,000) of TIF would be used to reduce the rents. The TIP would be used at a rate of $100,000 per year for eight years. it appears it would be possible to provide assistance to 56-64 units per year at this funding level. The TIP would actually be used to provide an interest reduction payment • for those apartment units occupied by lower and very low income people. This interest reduction payment would be passed on directly to reduce the rents. The City would not sell Tax Increment Bonds but use'the TIF as it becomes available. This eliminates any risk the • City would have associated with using TIF Bonds, and it also uses more of the TIP for rent assistance than if TIF Bonds were issued because there would be no TIP money used for capitalized interest, bond discount or issuance costs. This can amount up to 18% of a normal TIF Bond issue. The Tax Increment used for the rent assistance will come only from these two apartment buildings. The CDBG money would be used for two years before Tax Increment was available from the two apartment buildings, and the Tax Increment would be used for eight years. If possible, both CDBG money and Tax Increment would be repaid by us. If possible, we would repay both when the apartment development is sold. The apartment buildings would be sold in approximately ten years. When the development is sold, a first payment would be made to the City to recapture the entire CDBG funds and Tax Increment funds. We would want to repay the funds when the development is sold, because that is when we, as developer, would make a profit on the development. We would prepare at no cost to the City, the Housing Tax Increment Plan for review by your legal, financial and planning staff. We have prepared four similar plans for a number of cities in Minnesota. BENEFITS It is a lot of additional work and some additional cost to produce and manage lower and very low income housing. Also, we can produce a feasible development using only the Housing Revenue Bonds without using TIF or CDBG. The benefits to us are twofold: 1 1. Because of the large number of people in the very low income e, group, there is a large market demand for affordable housing. This means that we will probably rent the units sooner and experience a somewhat greater occupancy rate. 2. Most other apartments in Eden Prairie have rents much higher than is generally acceptable to very low income people, so by providing rent assistance our project becomes more competitive. These benefits, although limited, make the additional costs and management problems worth the effort to provide lower and low income housing. The benefits to the City are: • 1. Satisfy a need for affordable housing which presently exists; a need which Eden Prairie residents have now. 2. Help accomplish the Eden Prairie's housing goals as contained in the Comprehensive Plan. • • • • 'A • QUESTIONS AND ANSWERS In anticipation of your questions, I have tried to provide you with a number of answers. I. What type of people will live here? 1 The two.buildings will be hetrogenous by building. One building will be for elderly and one building will be for families and individuals. Roth buildings will provide housing for market rate, lower, and the city's assisted very low income renters. This hetrogenous approach allows us to duplicate the neighborhoods the people are from. Mixing incomes also provides us with a more stable development. 2. Where will the people come from? The elderly will probably come from within two to five miles of the development. The families will be people who are employed in the area or have relatives and/or friends in the area. 3. How will people be helped? ;t The City will reduce the rents to levels acceptable for. the Section 8 assistance. The very low income people involved will then apply for Section 8 assistance and upon approval rent one of the housing units where the City has reduced rent. 4. How will the City be paid back? This will be accomplished in two ways. First, by providing housing which is needed in the community and second, by the developer for funds accrually expended. If possible, the City would be repaid for the funds expended when the development is sold. The developer's profit is also taken when the development is sold. The details of the repayment will be worked out in the formal agreement. 5. How will the development be financed? We will use Housing Revenue Bonds to finance this development. This is the same type of financing currently being used by other developers in Eden Prairie. 6. When would the development be completed? We would begin construction next spring and be ready for opening in the fall of 1985. However, it is important that we sell Housing Revenue Bonds before the first of the year. This is necessary so we can obtain a favorable interest rate. rt :j • 7. What are the steps necessary to accomplish this development? 1. Concept approval by the City Council September 18. 2. Recommendation on rezoning, site plan by Planning Commission. 3. Approval of rezoning and site plan by City Council. 4. Preparation of Housing Program, Housing Tax Increment District by developer for review by City Staff and Planning Commission and adaptation by City Council. • • • • • • PRAIRIE VILLAGE APARTMENTS PRELIMINARY PROFORMA SUMMARY COSTS Estimated Development Cost $5,158,806 Initial Operative Cost 112,334 Total Cost of Production $5,271,140 Funding Housing Revenue Bonds $4,264,719 Equity 1,006,421 Total Cost of Funding $5,271,140 Rents Necessary for Debt Service $460,625/year Return on investment 13.5% Interst Rate of Return (after tax) 25.0% ;+ PRAIRIE VILLAGE APARTMENTS for Derrick Development Corpprakon&Mark Jones ASSOC.ille. • kden N.wr...rum,. IS =1. i N. ty : • 11 • ( . A \ )•,,,. \..,,•„\\,.:ys,,..: ,,x,\„ ‘.•\•,\.,, • ' \ \ \\t ' '�, , ', . :ii' 1 ) 1 • \ G t i \\;,;,.. \ ..\....,-\,. .,,,.':',-',„:11 , rA _I = • \\�v �s°_�' si- 1 \ \� SB _I • 1a 1 y_,e '9 'I :I : "1:1 4I I:I A-- .1 4 �, � • Plymouth . u.,. a. • Location Map L.aWI f r • - L • � McQicine G . ee ,.r Lake _.- p ®Valle 66/((^�' S \ ~ 1 .itin �Pla .1y�r ' . iWA`It— ,e, .. • IaL •�/ t LouS aaL 4 � ,,a m. Park,.•. 0 ' •,:1.- t, ) ,. ' Ih. ••�•.•1""=!„ I �, r � .. Leh / .) si•= §h , . 1. co pi lir Mr;001 .... tco /...t. beepbaven; - { 1�� çY •% �® s1... 76t ' ' ' '• i ,re � � � rll i [ ""'''.', . .• rdm.!I p : : � , R I .yr _ 41, '' " ; "" 'r t•, Mtn etonka` i} • -,� i ! l.� • it ,^CDa - o., /"�'•. 1 „ �iii® � _ /`L,. \ / _ I ... \ ' \�I IE ina•;." :� .1 PRAIRIE VILLAGE / ,� •(�• , 1' APARTMENTS Y�°-� ., ^"•" .R3+= I k 1,. t l .. J!4'T? ih lr • L11 y` - d ti%Yi d-lri. \ Prairie .,. r.V i r.,,.n I ea Yht " ,r • 1 EDEN PRAIRIE !, 1 ® m ,.ef , • SHOPPING CENTER •,.'. ~., f�:r ' _ _.. X-. ` . O $ MI Moo ington WI ;? '1 Z ;. rt4f •H r ; • ., \\ 1 . ' , .' �.....,-...-,,�yt �•„. I." •1n � .1../ illc '', 0 • •• MEMO TO: Mayor Wolfgang H. Penzel, Mayor of Eden Prairie FROM: Steve Durham, Assistant Planner DATE: September 7, 1984 RE: CDBG Planning Area Citizen Advisory Committee Representative • • As you will recall, Mrs. Lorena Marks, Eden Prairie's CDBG Planning Area Citizen Advisory Committee representative, has submitted her resignation. Therefore, the City needs to appoint a new PACAC representative as soon as possible. I ask that you please consider a new representative for this position. If you need further information regarding the position and its responsibilities please do no hesitate to call me on extension 20. A resolution for appointment will be required for this position. • • • • . i ,1 • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-253 RESOLUTION APPROVING APPOINTMENT OF A PLANNING AREA CITIZEN ADVISORY COMMITTEE REPRESENTATIVE • WHEREAS, the City of Eden Prairie has executed a joint cooperation agreement with Hennepin County establishing participation in the Urban Hennepin County Community • Development Block Grant Program; and WHEREAS, the City participates in the Urban Hennepin County Planning Area 2, Planning Area Citizen Advisory Committee; and WHEREAS, the City has received the resignation of its Planning Area Citizen Advisory Committee representative. BE IT RESOLVED, that be appointed Planning Area Citizen Advisory Committee representative to Urban Hennepin County Planning Area 2 for an indefinite term. ADOPTED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ON THIS 18TH DAY OF SEPTEMBER, 1984 Wolfgang H. Penzel, Mayor • ATTEST: John D. Franc, City Clerk • MEMORANDUM • TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Craig W. Dawson, Assistant to the City Manager OP • SUBJECT: Agreement for Architectural Services for City Hall • DATE: September 12, 1984 • Earlier this summer Staff conducted an extensive process to select a firm for architectural services for a new City Hall. On July 17, 1984, the Council concurred with Staff's recommendation to negotiate an agreement for services with Setter, Leach and Lindstrom, Inc. of Minneapolis. Since that date, Staff, the City Attorney, ;• and representatives of Setter, Leach and Lindstrom, Inc. have reached nearly complete agreement on the terms under which services will be provided. Services will be provided in two phases. The first phase consists of space planning • and analysis, site evaluation, and assistance in passage of a bond referendum should it be necessary. These services will be performed at a cost not to exceed $30,000. These fees should be paid from the General Fund contingency. 'would funding be secured to construct a City Hall facility, Setter, Leach and Lindstrom, Inc. would perform the remainder of its architectural services at a cost not to exceed $165,000. This work would include detail design, drawing plans and specifications, bidding, and construction administration. These fees can be included in a bond issue. Recommendation: It is recommended that the Council authorize the Mayor and City Manager to execute an agreement, subject to approval by the City Attorney, for architectural services with Setter, Leach and Lindstrom, Inc. for an amount not to exceed $195,000. It is further recommended that Council appropriate $30,000 from the General Fund contingency for preliminary design services. • CWD:jp i 'p p ( PL9ORANIx1M TO Mayor and City Council Parks, Recreation and Natural Resources Commission TIIRU: Carl Jullic, City Manager J P FROM: Bob Lambert, Director of Community Services DATE: September 10, 1984 SUBJECT: Needs Assessment Survey At the May 7, 1984 meeting of the Parks, Recreation and Natural Resources Commission, City staff discussed the need for an assessment survey for public input into programs, services and facilities provided thru the City and the School District. the Commis- sion directed staff to gather information regarding costs in hiring professional assistance on the survey and prepare a recommendation on timing and how to proceed. In June, School Community Education staff began working with City Community Services ..:', staff on developing a joint needs assessment survey for the community, and contacted several consultant fines to obtain input on the process. The Community Education Advisory Council appointed a.four member ad hoc committee to 0. develop questions for the survey that would provide information on the programs and services that could be met by the Community Education Advisory Council. A three person ad hoc committee from the Parks, Recreation and Natural Resources Commission was also formed that assisted staff in developing a survey instrument that. would provide the City with public opinion on City facilities and programs. A special meeting was also held with presidents of the various Athletic Associations to gain input and to include questions on the survey that would provide information valuable to the Associations. On Thur:day, August 9, a joint meeting of the ad hoc committees from the Parks, Ree- - : reation and Natural Resources Commission, the ad hoc committee from the Conununity :i Education Advisory Council, and representatives from the Athletic Associations met to develop a draft survey instrument that would then be reviewed by a professional consultant prior to final review by the School and the City. After the August 9th meeting, staff from the School and the City discussed the pro- 1, posed survey with several consultants and determined that in order to obtain compara- tive cost estimates specifications should he prepared and submitted for quotes. School and City staff also met with a representative from TIES to confirm that we : would be able to obtain a random sample of the entire City through TiES, and that , tips would provide the data processing of the survey; this will he provided at no extra cast and is included under the School's existing contract with '[lbS. Bach of the three consultants indicated a different number sample size was required in order to get a OS°, statistically accurate survey. IMi Research indicated 300 telephone interviews woul,i be sufficient. PitS, Inc. gave a range of surveys required from 3A-1,43' depending on how far each survey group was broken down. CRI recommender. ',00 telephone surveys. 4. The quotes were broken down into four phases. Phase I was INSTRUMENT DESICM, which -2 included assisting the City and School staff in development of the survey instrument. Approximately 40--50 questions have already been developed and we were requesting that the research company evaluate the instrument and rewrite the questions to ensure a non biased presentation and to eliminate duplication of questions. This also included a pilot test component. Ih1I quoted $800 for the first phase, CRI quoted $1,300 plus or minus 10%, EMS, Inc. quoted $1,700 based on 380 surveys. Phase II of the quote was for DATA COLLECTION. This phase included the actual telephone survey. Each survey would have an average interview length of 10-12 minutes and would be collected on a format that would be submitted to TIES for processing. IMI quoted $2,700 for this phase, CRI quoted $4,900 plus or minus 10%, and EMS, Inc. quoted $2,145. • The third phase was DATA PROCESSING. This was quoted in case TIES was unable to com- plete the data processing and was submitted as a deduct alternate quote for pro- cessing of the information which would include key punch from the questionnaire ands. run the data tables for each questionnaire. IMI quoted $1,280 for 22 runs, CRI quoted $2,700 for 10 runs and EMS, Inc. quoted $550 for 10 runs. The fourth phase was for DATA ANALYSIS and the final report. The final report was to include explanation of why the survey was completed, explanation of who was surveyed, and how indi.vidualswere selected, as well as how the survey was completed, a summary of the findings and the recommendations. IMI quoted $800 for Phase IV, CRI quoted $2,300 plus or minus 10% for Phase IV, and EMS, Inc. quoted $2,900 for Phase IV. The totals for each company,assuming TIES will handle all of the data processing, is as follows: IMI Research $4,300 Custom Research, Inc. $8,500 plus or minus 10% Educational Management -$7,095 Services, Inc. • The Community Services staff would recommend that the City Council approve the IMI Research proposal. This item will go before the School Board at their September 20 meeting. If the School authorizes approval, City and School staff would propose a joint contract between the School and the City with IMI Research to conduct a needs assessment survey in October of 1984 with the final report being submitted in early December 1984. City and School staff arc recommending that the City and the School. divide the cost of the $4,300 consultant fee fur this project. • Rl.:and 2Ig1 • ' ; .:::; • A. 1 MEMORANDUM • "?} TO: Mayor and City Council Parks, Recreation and Natural Commission THRU: Carl Jullie, City Manager FROM: Rob Lambert, Director of Community Services DATE: September 6, 1984 SUBJECT: 1984 LAWCON Grant Application In 1983, the City applied for LAWCON/LCMR funding for acquisition of a two • acre parcel adjacent to Riley Lake Park. In November of 1983, the City was informed that our grant application was ranked first in the area of planned urbanization and we were requested to submit a final application that would be forwarded to the Legislative Commission on Minnesota Resources and Legisla- tive Advisory Commission for State consideration, as well as to the National Park Service for Federal review and approval. On September 5, 1984, the City received notice that the final approval had been received from the Federal Government and that a letter would be forthcoming authorizing the City to • proceed with the acquisition of that parcel. The Community Services staff recommend that the City adopt a policy similar to the Minneapolis Housing and Redevlopment Authority that initially obtains two independent appraisals on a parcel that is being considered for acquisition. The two independent appraisals are then compared and if they are within 15% a purchase agreement is drafted and submitted to the homeowner. If the appraisals vary more than 15 , a third appraisal is obtained and the purchase agreement is based on the average of the three appraisals. Seventy-five percent of the appraisals will be within 15%. This policy would put the City on solid ground prior to making an offer. It may not eliminate going through condemnation on parcels, however, it should go- a long way toward substantiating the City's offer. The City did receive an appraisal of the property as a part of final application for l.ANCON funds dated January 16, 1984. The Community Services staff would request authorization to obtain another independent appraisal at this time prior j' to preparing a purchase agreement for this parcel. 4f BL:md { . I� 1, 2j jjj i i 1 j MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission • TIIRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services" ► .,. DATE: September 6, 1984 • SUBJECT: Bridges for Staring Lake Park Bike Trail d• In 1983, the City Council authorized staff to begin the development of the • bike trail around Staring Lake through a three year construction phasing project. 'lhe first phase was completed in 1983 and connected the bike trail at the corner of Mitchell and County Road 1 north and easterly adjacent to the park shelter and continuing easterly to Purgatory Creek, then southerly back to the trail on County Road 1. The second phase of the trail was com- pleted in 1984; this trail connection tied the existing trail north and easterly '4' along Mitchell Road and Research Road to Purgatory Creek just north of the Senior Citizen Center. The final phase of the trail connection will be completed in ', t ' 1985 and nillinclude crossing the creek north of the Senior Center and construct- 1 ing a trail southerly along the east side of Staring Lake across Vo-Tech prupt;ty, (_) and again crossing Purgatory Creek at the outlet to Staring Lake, thus completing the trail around.the lake. In discussions with a number of companies that design and construct bridges for parks, golf courses, etc., it was suggested that these bridges be installed during the winter months in order to acc.ommodate heavy equipment adjacent to the ,creek without doing extensive damage to the park and existing trail system. City staff would recommend constructing the bridge crossings-in December of 1984, so the phase three trail can be completed during the early summer of 1985. The Conmiunit.y Services staff request authorization to advertise for bids to pur- chase and install these two bridges. The estimated cost is between $15,000 and $20,000 depending on soils information that is yet to be received. This project will be funded through cash park fees. The City will advertise for bids on September 26 and October 3 and receive bids at 10 a.m. October 9, 1984 BL:md • : ZH • • • k. 1 . • l':• MEMORANDUM TO: Mayor and City Council • IIDUl: Carl Jullie, City Manager • FROM: Bob Lambert, Director of Community Services DATE: September 10, 1984 ._ SUBJECT: Grant Application for Grill House Restoration Study -. H • Attached, for your review, is a copy of the application for a matching State grant in the amount of $7,000 for a proposed $14,000 architectural study that is required to complete the planning and design for the restoration of the Cummins-Grill Home- stead. ;.,.•;. ?lL The Restoration Committee recommended this project to the Historical and Cultural Commission which is supporting the recommendation to the City Council. If approved, the City would receive $7,000 of State grant funds which would be ., matched by $3,000 of local funds and $4,000 worth of donated services and materials. • '..,: , The Historical and Cultural Commission are recommending that the City use $3,000 from ( the donation from the Grill Estate for the City matching funds. The Restoration Committee is willing to provide the volunteer services totalling $4,000. i:-.. The application form details the project and the funding breakdown. •'..:. .; Community Services staff will be in attendance at the September 38 meeting to answer any questions the Council may have regarding this grant application. . . BL:md • : . , .7. HT. • , - • - , • • 1'n£`.l._._�._—. Application HITS USE ONLY • .Send 20ropIcs to: Form _ Gtmus Hanagement Office Date Received lniS . fort Snelling Iliatory Center tit. 1'nul HN 55111 St-Tit e_1.2 eet Numb 1. APPLICANT 8. FISCAL OFFICER —City_gLFACTI Pra.J rig__ John D. Frane, Finance Director Name of ()ionization _.___�___-_- Name 8950 Eden Prairie Road Street Add es Address 8950 Eden Prairie Road --_ Eden Prairie Minnesota 55344 Eden Prairie Minnesota 55344 City State------ Zip City State Zip Hennepin Mime No. 937-2262 — —County .-- ---- 2. TAX EXEMPT NO. 802-1767 �—---- 9. FUND DEPOSITORY 3. AUTHORIZED OFFICER • City of Eden Prairie Robert A. Lancet• Pi_L.ects t_o_f Community Name _— = Nare(llease print) Title Services 8950 Eden Prairie Road 937-2262, ext. 37 Phone No. __-- Address S August 28 1914 Eden Prairie Minnesota 55 '; -Signature - Date Date . City State Zip : 4. PROJECT ME: Restoration Research and Program Development ' 5. PROJECT DURATION: __,(2 jponlbs_ • ...—._ fi 10. RUDSET SIRS1ARY (amount in dollars) 6. NAHE OF PROPERTY OR PROJECT 7 �00 . Applicant $ � _- (J,_R_ Cummins Homestead Cummins/Grill_Homestead 7000 - --- - - State Crant $ , 13600 Pioneer Trail TOTAL $ 14 000 Ad An res ------------ -- Eden Prairie Minnesota SS:544 C1[y State Zip 11. BRIEF PROJECT OF.SCRIP'fION 7. PROJECT DIRECTOR 1. Architectural investigation and schematic design. Sandra P. Werts .._Nam- — -- — 2. Historic landscape and site develop;; 8950 1idcnPi_airie Road - ___— 3. Interior plan and space programming. L, Street 4. Preparation of drawings, photograph;, Eden Prairie Minnesota 55344 amd master plan report. City-- State Zip f Phone No. 937-2262, ext. 40 _--_— _.._-_-_____- .- fits IISE ONLY ACrita: TLX1:N APPROVED FIINOINC _Approved Applicant_ i tented State Crant—'- Referred to Next Meeting TOTAL_,__^ _---. tilt Mean Giants Psvlra Committee Art Ion ______ Projert Starting Date _ Pate" •f' Project Completion Date . i` mils - Crnnt-Aullcntion form —. Pnl,c 2_ . . j • 1. DETAILED1_CoJECT fl10,CIITPT1eN (Use naditionnl nceeto if ncceesnry) ? 'jl '1he exterior of the building has been restored to approximately the -1910 period, The . _ fleutrical system, and plumbing have been brought up to code and a now heating system ` A Iran installed in 19H1. The Restoration Coonnittec would lilac to now have .information us land that would clarify how the interior should he restored and the approximate cost. en a room by roost basis. With this information the committee feels it is more likely 1 to get donations and be able to restore this building room by room. The breakdown of the project is as follows: 1. Architecto a] investigation and schematic deign - This would include investigating "a. the original design of the i existing porches, the one porch that was removed, the cellr access, the investigation of interior paint and wallpape.r selection, restoratu , "9: • of the original:f.ireplace, and sliding wood doors in the kitchen. 2. Historic landscape and site drvelo about a. Develop ❑ plan for the modern needs such as parking locations, walking paths, signage, etc. h, 'Develop plan for the historic aspect of the site including locations of .fence rows, gardens, buildings, et c,-types of crops raised, etc. 3, Interior plan, space proems and furnishing plan - What areas will he reserved for exhibits, inublic meeting rooms, and where should period furniture be placed, as well. ` as what type of furniture. 4. Prcpsaation of drawings, reports _phot:ogrlphs for mist.or plan - Final report submit.t..,l for completion of all phases of restoration. —u— — • 2, 110W' W'iLl, Ti IF, P11131.1C BENEFIT FI20M•'HID PROJECT? • The Historical and Cultural Coeteiission of the City of Eden Prairie, which is responsible for the restoration of the house, sees its use as threefold. First, the house would he { the center of activities sponsored by the Commission which includes City wide events focusing on the historical and cultural aspects of the City. Second, it would he used :1. as an educational center to educate students and residents of life on a turn of the ii centery farm. 'DIe hoes would be open for tours, and classes would be hold there for 1 students studying Eden Prairie's history. 'Third, the house would be used for the Historical Society, the historical and Cultural Commission and other civic groups in 'I the City. The house would be used for historic purposes and history related programs about 50-70% of the time, :and for general community use :about. 25% of the time. ' 1 'lhe Coen Iision plan: to furnish two bedrooms, the parlor and the kitchen as .it would I have been on a tun•at of the century farm. The kitchen would be a working kitchen • used I for demonstrations of cooking skills and other crafts. Other,rooms in the house would i be painted, papered. ut.c. in the same mode of the rest of the'hoase - but may have more :on tioaul furnishings to aecorramdate school grosie and meetings. I Al this time tin' building is not open to the public beeanse of its need for restoration. 'iii project will h: lp to :.tabili::t the c'xlirier ;nnl help prevent further deterioration.the groans, .ire the :cite sal' an annual eothrs n)ly event known as "Sunbonnet Day" which 1 focuses on the early life in ldcn Prairie. This project will specifically help present the house to the public as it looked in 1910, , / !INS - Crnnt. Application Form J'n fe 3. 1. DETAILED PROJECT BUDGET --'----- 14,000 ;. TOTAL PROJECT COST $__._ !`; Applicant's Fund Sources: _ Applicant's Dollar Match 3,000 Donated Services 6 Materials 4 000,—_ • APPLICANT'S FUND TOTAL $ 7,000 -___ STATE GRANT REQUESTED $ 7,000 • • 2. ESTIMATE OF PROJECT COST 1. Architectural investigation and schematic design $4 ,000 2. Historic landscape & site development 3,000 3. Interior plan, space program and furnishings plan 4,000 Ac' ( 4. Preparation of drawings, reports, photos for master plan 3,000 $14,000 . y- ,t f. . ' 5 4 3. ASSURANCES a_ The applicant agrees to hold harmless the Minnesota Historical Society, the '' Stntc of Minnesota, and the Federal Government for any action, complaint, di sera na natoty procee dint•,+:, no mitigation of any find whatsoever, and warrants that the governing body of this orgnniurtioo or subdivision of state government hen by n recorded vote approved this application. '; The epplicont !:hall conform with end agree to the provic.iona of Minnesota Statute, Section IEI.i9, whlrb prohibits dir,cti ctantion in hiring of labor by reason of race, creed, or color. The epplIcant further woo-ants to be in -j cor:,p]lance with Section 363 (1976) as nv'nded. AUTIIORITED OFFICEll Nmnc (Please print)— -\ • . Si};unturc Date il- • MRS_ Grant Application Form BUDGET WORKSHEET TOTAL PROJECT COST: $ 14,000 Applicant's Dollar Match List here the sources and amounts of funds to be used for the !!! project. Under "Status" indicate for each whether these are antici- pated or in-hand funds. Sources Amount Status Donation from Grill Estate $3,000 in-hand Donated Services • 4,000 TOTAL Applicant's Funds $ 7,000 — / Donated Services List here the approximate work-hours of individuals, the type of work to be performed, and the dollar value. • Hours and Work . Wage Value 1. 66.6 hrs volunteer documentary research in paint, $1,000 wallpaper used-66.6 x $15/hour 2. 66.6 hrs volunteer research on crops, flower garden, 1,000 etc.-66.6 x $15/hour 3. 100 hours volunteer research 1,500 in program development - 100 x $1S/hour 4. Review and proof of final draft 54 hours $500 500 Donated Materials TOTAL, DONATED SERVICES $ 4,000 List here the donated items and their current market value.' Item Value Not Applicable TOTAL Donated Materials $ •