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City Council - 06/24/1975
XDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 24, 1975 JOHN FRANE COUNCIL MEMBERS: Mayor D. W. osterholt, loan Meyers, Billy Bye, Wolfgang Penzel and Sidney Pauly COUNCIL STAFF: City Manager Roger Ulstad; City Attorney • Harlan Perbix; Planner Dick Putnam; Finance Director John Frane; Director of Community Services Marty lessen; Engineer Carl Jullie; Belinda Vee, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL AGENDA I. SWEARING IN CEREMONY OF JOYCE HOLTE AS PUBLIC SAFETY OFFICER• II. MINUTES A. Minutes of the Board of Review meeting held Thursday, Page 629 June 5, 19011. B. Minutes of the Regular City Council Meeting held Tuesday, Page 630 June 10, 1975. III. ORDINANCES AND RESOLUTIONS A. 2nd Reading of Ordinance No. 302, Eden Prairie Health Page 19 Center by Methodist Hospital, requesting PUD Development Stage approval and rezoning to OFC District for the construction of a medical office building. The site contains • approximately 5 acres and is located in Area F of The Preserve Commercial Plan. IV. PETITIONS, REQUESTSAND COMMUNICATIONS A. Petition from property owners regarding the Eden Prairie Page 590 Ring Route received May 30, 1975. B. Request from John Suback for a six-month extension on his Page 640 IV liquor license. (Letter dated June 17, 1975. C.Request from John Crouch, Attorney for Modern Tire, to have Page 645 the Council reconsider their action for a mini-sector study for the#169 area; request for variance to permit the construction of a 50' x 100' addition to Modern Tire's present building; and requesting the Council to set a public hearing for rezoning from Rural to Highway Commercial. I Council Agenda - 2 - Tues.,June 24, 1975 y v. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Report of City Engineer /"..jtegistered Land Survey for Dorenkemper property along the Page 660 L accrued right-of-way of Crestwood Terrace. 3( Gravel Mine License Renewals. ��aa All ^S ,, Richt-of-way purchase from W. Gordon Smith Company, a. 3r,• �O T.H. 169 upgrading project STR 74-3-09, I.C. 51-266. -of-wa urchase from Frank obuda T.H 169 upgrading Project STR 74-3-09, I.C. 51-266. ..-- 1".. 5. Petition from Edenvale, Inc., for curb and clutter and bituminous surfacing on the following streets: Project STR 75-3-01 Martin Drive Commerce Way Corporate Way 1 Project STR 75-3-0t Edenvale Blvd. / Woodhill Trail 11 Woodland Drive Petition from Busted Co. for lateral sewer extension for V Creekwood Estates 2nd Addition; project SAN 75-1-08. nal plat of Mill Creek 4th Addition. e 3 1 hange Order No. 2. northeast area sanitary sewer trunk, I...jqa rborassa S Sons, Inc., I.C. 51-264. C Receive feasibility report on utility se ce for The Cove :;�.'j.+;. subdivision, Projects SAN 74-1-20 F, 74-2-20, 1.C.`l'I:Jf 1 B.Re rt of Planning Director _ 1. Comprehensive Guide Plan Update. MCA Ordinance. r;. ,0, ; C.Report of Director of Community Services 1. Request to secure appraisal on Miller Brothers property ''•`,,�,;. at Mitchell Lake. `3.:1.... ' Council Agenda -3 - Tues.,Jne 24, 1975 • (10 f,...; C.Revolt of Director of Community Services (continued) A4J. tt 1...„.2-: Presentation by Alden Keiski-need for additional i fields for youth sports. \27/S5haitberger Option. Page 715 fre<976 Grant Application for Federal LAWCON and State Page 716 Natural Resource Funds, kiy-111.91...f,11 Pavilion Rew_s_t. Page 722 D.Repo. of Public Safety Director A . Resolution designating Public Safety Director to be Page 729 official applicant for reimbursement funds for basic training of Peace Officers due to Eden Prairie for Steve Geiger and James Clark. E. DePort'.of"inance Director Resolution#1001 appointing Election Judges, C1// 2. Payment of Claims Nos. 6738:6908: 6833-70,52, Page 730 3. Clerk's License List. Page 734 4. Sale of Farm Buildings -bids opened Tune 24, 1975. „M. NEW BUSINESS. Pos+—vA-"v ADJOURNMENT. 61 . , . , .Lae •,---L !..._t__ s_tr- _ - vim_ . .,_ It• --- -----, ,•,,,Tx •--rei-= 7..;--,,,,..r.-7‘::..-:::".1- - --- - >41/4.44-q•-••-••-r- ------ ._.- -- • MEMORANDUM TO: Mayor and City Council FROM;,,:,. Roger K. Ulstad, City Manager �- J SUBJECT: Council Meeting Agenda for Tuesday, June 24, 1975 DATE: June 20, 1975 I. The necessary information and documents will be presented Tuesday evening for the swearing in ceremony of Joyce Holte as Public Safety Officer. II. A. Correct, approve and file minutes of the Board of Review meeting held Thursday, June 5, 1975. II. B. Correct, approve and file minutes of the Regular City Council meeting held Tuesday, June 10, 1975. III.A. All documents are in order for the Council to consider the 2nd reading of Ordinance No. 302. We recommend approval and adoption of this Ordinance. IV. A. Attached please find a memo that was held June 19 with the benefitted and assessable properties of the Ring Route. The petition as you will recall requests the Council to consider rescinding Resolution No. 735. For the Council to rescind this resolution at this time would not be advisable as it would throw the whole Ring Route project in a state of confusion. I would suggest that the Council consider after hearing from the respective petitioners and others who may be present Tuesday evening, that you defer any action until you have ample time to study and request staff to research any and all alternatives that you feel applicable relating to the Ring Route construction and assessment procedures. N. B. Enclosed for your review is a chronological report of Mr. Suback's request for a liquor license. Mr. Perbj;t will have a comment to make relative to Mr. Suback's recent requests for you to consider Tuesday evening. N. C. Enclosed is the request from the legal counsel for Modern Tire. Of the three requests they are submitting for Council consideration, item 2 of their requests appears to be the most logical approach to take. I know Mr. Perbix feels that to grant a variance or consider rezoning will place the City in somewhat of a difficult position as it relates to specifically the Phoenix Petroleum appeal. I am sure Mr. Perbix will have some additional comments for you Tuesday evening. Mayor & City Council - 2 - June 20, 1975 • V. A. 1 Enclosed please refer to Mr. Jullie's report. The basic reason that this is before the Council is that the property is torrens property and the County does require that before a plat can be filed in the torrens department, the Council must approve by motion acceptance of a plat. We recommend that the Council approve by motion approval of the plat. V. A. 2 We are again meeting with Mr. Pearson and his attorney Monday morning. Hopefully as a result of this meeting we will be able to recommend approval of this license. V.A.3 As per Mr. Jullie's report enclosed, we recommend the Council by simple motion approve this right-of-way purchase. V. A. 4 As per Mr. Jullie's report enclosed, we recommend the Council by simple motion approve this right-of-way purchase. V. A. 5 As per Mr. Jullie's report enclosed, we recommend that Resolution No. 1006 be approved for Project STR 75-304, a pprgving this street project and waiving the public hearing and order plans and specifications for bids. We also recommend approval in the same resolution for Project STR 75-305 calling for a public hearing for this portion of the Edenvale project, which is the commercial section and does involve property owners other than the Edenvale Land Company. V. A. 6 As you will note by Mr. Jullis's report, this request for lateral sewer extension is normally the responsibility of the developer. However, in this case there are some problems which are difficult for the developer to overcome,in that he must proceed through property that is not under his control or ownership to provide for a connection to the trunk system. We, therefore, recommend Resolution No. 1007 be approved for this construction to be handled under our normal assessment procedure. V. A. 7 We recommend the Council approve the final plat of Mill Creek 4th Addition by motion as set forth in Mr. Jullie's memo, subject to the conditions outlined. V. A. 8 We recommend that the Council approve the Change Order by motion as outlined by Mr. Jullie's memo. • V. A. 9 Mr. Juilie's feasibility report is included for your review. As you will recall, a public hearing has already been called for July 1 Council meeting. V. B.1 Enclosed under separate cover is some background material including population up-date, utility system financial up-date, and transportation facilities and development patterns. The Council, after reviewing the enclosed data, might want to consider inviting your Planning Commission to review with you the overall information and discuss the areas of major concern and also what areas you might wish to emphasize in the consideration of updating our Comprehensive Guide Plan. 1 Mayor and City Council -3 - June 20, 1975 V. B. 2 We have enclosed for your review some thoughts for consideration in the development of a MCA Ordinance. The Council might wish to review this with the Planning Commission in the same manner and at that time you might review the Comprehensive Guide update. V. C. 1 The Parks, Recreation, and Natural Resources Commission recommends the Council consider securing an appraisal report of the Miller brothers property at Mitchell Lake. After receiving such appraisal, the Council can then consider the feasibility of purchase. A motion would be in order to secure such an appraisal. V. C. 2 Reverend Keiski has requested to have an audience with the Council and express his desires for additional fields for youth sports in Eden Prairie. V. C. 3 Originally we stated to the Council that the Schaitberger option called for a 5% interest on the unpaid balance. That was erroneously stated. The option agreement called for 6% on the unpaid balance. We felt this was necessary to call to the Council's attention the 6%on the unpaid balance. V. C. 4 The Parks, Recreation, and Natural Resources Commission recommendation is enclosed and we recommend that the Council approve the 1976 Grant Application as per their minutes and staff recommendation. V. C. 5 Enclosed is a status report of the picnic pavilion. We request that the Council authorize drawing specifications and advertising for bids. V. D. 1 It is necessary to designate an applicant for reimbursement of funds for basic training of peace officers. Enclosed is Resolution No. 1004. We recommend your approval and passage. V. E. 1 Resolution No. 1001, appointing election judges, will be available for your review Tuesday evening. V. E. 2 We recommend payment of all claims as submitted. 8j V. E. 3 We recommend approval of the license list subject to notes 1 and 2 at the bottom of the page referring to tax delinquencies. V. E. 4 Tabulation of bids for the sale of farm buildings will be available for your review Tuesday evening. MEMORANDUM TO: Mayor and City Council FROM: Roger IC. Ulstad, City Manager Atir SUBJECT: Ring Route DATE: June 20, 1975 Letters were sent to approximately 100 benefitted'and assessable property owners in the Ring Route area district. Approximately 30 property owners appeared at the meeting. A brief review of the history of the Ring Road from its inception to the present was presented i.e., Comprehensive Guide Plan and resolutions approved and passed by the City Council ordering the improvement in establishing the assessment policies. General discussion centered around the following: 1. Basic concept of the Ring Road is reasonable and acceptable. 2. Projected costs of the total construction (assessments) applied to raw land appears to be excessive and a fear of these high costs exists among a number of the present property owners. 3. Can the City of Eden Prairie establish a more definite zoning pattern for the Major Center Area to provide assurance to future buyers of property. 4. Property that is partially developed in the southeast quadrant are • desirous of extending the Ring Road to the northwest to connect to Trunk Highway 5 even if it were of a lesser design (2 lane road) and phase the project beyond this point as property owners request the extension of the Ring Road. 5. That the City consider a review of the 95 - 5% cost sharing and determine if additional financing on the part of the City and/or other governmental subUlvisions can be included to establish a broader base. 6. Can a definite commitment be obtained from the County as to the responsibility in the upgrading of County Road 39 when it is included as part of the Ring Road construction in the northeast quadrant. - 2 - 7.All property owners present recognized the City of Eden Prairie's limitations in monies available to expand on the base of their original commitment of 5%contribution. A suggestion was offered as follows: • That the Council might consider a committee of possibly five representatives,which would include two representatives from the Ring Road assessment district, one member of the City Council, legal ,counsel for the City, and one staff person. The purpose of this committee would be to research the possibilities of broadening the base payment of the 5%contribution through some other source other than the City. This committee would proceed only as the Council would direct such research and report their findings for Council consideration. • • The above represents what I believe to be the basic tA.,,u:eans of the majority of property owners present. It appears that the concerns and comments registered • at this meeting were very similar to those presented at the January meeting that was held in the City Hall. • ii • EDEN PRAIRIE BOARD OF REVIEW Thursday, June 5, 1975 7:30 p.m. City Hall -- Council Members: Mayor D. W. Osterholt, Joan Meyers, Wolfgang Penzel, Sidney Pauly, William Bye. City Staff: City Manager Roger Ulstad, City Assessor Robert Martz, City Assessing Clerk June Hanson, Kerman Benson, Hennepin County Assessor's Office. The meeting was called to order at 7:30 p.m. by Mayor David Osterholt. City Manager Roger Ulstad gave a brief explanation of the purpose of the meeting. The following taxpayers appeared to appeal their January 2. 1975 values: John Davis 57031 0500 Chary B. Chepuri 57031 3200 Charles Carney 56910 3100 George C. Maurer 56896 8050 Heber Stephens 56849 7300 James Peterson 57028 7250 Russell Hanson 56940 6400 Tom Atkinson 56871 6000 Nancy Crouse 57020 2700 (for C. Johnson) Clifford Johnson 57020 2700 Clark Ewert 56864 3000 James Cooper 56901 4200 Michael Voorhees 56758 6200 Harry Murphy 57014 3600 Peter Loscheider 56718 7005 Faith Flaschenriem 56900 5000 Thomas Hintz 57031 3400 Dennis Dirlam 56848 7500 James P Cullen 56848 4000 • Lewis Kinne 56877 0200 D.H.M. Eames 56708 2610 At 9:30 p.m. a motion was presented by Joan Meyers, seconded by Wolfgang Penzel, to reconvene the Board of Review on June 19, 1975, at 7:30 p.m., to allow the City Assessor to review the appealed valuations and report the findings on June 19, 1975. The vote on the motion was unanimous. • • 629 • UNAPPROVED • MINUTES EDEN PRAIRIE CITY CCUNCIL TUESDAY, JUNE 10, 1975 7:30 PM, CITY HALL . COUNCIL MEMBERS: Mayor D. W. Osterholt William Bye Joan Meyers Sidney Pauly Wolfgang Penzel COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix Planner Dick Putnam Finance Director John Frane Director of Community Services - Marty Jessen Engineer Carl Jullie Belinda Vee Recording Secy. INVOCATION: Given by Rev. Doug Dudgeon, Eden Prairie Community Church PLEDGE OF ALLEGIANCE ROLL CALL I. MINUTES 4 A. Minutes of the Regular City Council Meeting held Tuesday, hay 27, 197'. pg. 2, 3rd item, correct "City bid" to"sealed bid". pg. 4, III. C., correct "vending machines" to'tnechanical amusement devices". Pg. 6, Para. 2, add "staff" after "City". Penzel moved to approve minutes as published and corrected, Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. B.. Minutes of the Regular City Council Meeting held Tuesday, June 3, 1975. pg. 3, Para. 1, correct "McLinn" to "McGlynn". pg. 3, Para. 4, delete "park.dedication or" and insert"$25,000". pg. 6, Para. F, correct "Naegle" to "Naegele". Delete "connection road", insert "unimproved gravel road". • i • (so • Minutes —2— Jane 10, 1975 I. ISINUTES (Cont'd.) B. I4inutes of the Regular City Council Meeting Held Tuesday, June 3, 1975 (Cont'd.) Mr. Gerald Pautz of Eden Prairie Townhouse Corp. appeared before the Council to state the "Edengate Proposal" he submitted and which was denied by the City Council, did not have "detailed" coverage in the minutes. He will submit, in writing, the comments made by various Council members that he suggested appear in the minutes of the meeting. The Mayor stated the reasons will be in the Resolution denying the proposal. Pg. 2, Para. 7, delete "stating...for", insert "denying the recuest incorporating the reasons verbally set forth and stating that". Meyers moved to approve minutes as corrected and published, Penzel seconded. Bye; Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion 'carried unanimously. II. PETITIONS, REQUESTS AND COf1:U1 ICATIONS A. Recuest from Edenvale, Inc., Parkview Patio Apartments, to set Public Hearing. for approval of rezoning, preliminary plat approval anc development stage PUD approval. Penzel moved to set Public Hearing for July 1, 1975 Council Meeting, Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. B. Request from William ,des to set a Public Hearing for rezoning of his Droner-L.7 located at the southwest corner of Shady Oak :'.oad to County Road b2 from rural to High\lay Commercial fora gas station. Meyers moved to set Public Hearing for July 1, 1975 Council Meeting, Pen^el seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. C. Petition from property o•mers regarding the Eden Prairie ding Route received Hay 20, 197b. Mr. Paul Anderson stated he had signed the petition and speaking for his father and himself, he would like to have a meeting with the Council to discuss their grievences. Penzel moved to place matter on agenda for June 24, 2975, Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. it I•Iinutes -3- June 10, 1975 II. PETITIONS, REO.UESTS...(Cont'd.) C. Petition from...(Cont'd.) _ Councilwoman Pauly suggested the people who may have supported the Ring Road originally and are not doing so now be prepared to explain their reasons for their position at the June 24th meeting. Idr. Calvin Anderson stated mistakes were made at the 's meeting concerning the Ring Road proposal and he wishes it had been taped as the decision had been made prior to the meeting. Councilman Penzel requested the City Attorney give the Council a brief report on assessment appeals pending for this project at the meeting. III. ORDINANCES AND RESOLUTIONS A. Resolution No. 949f urgins continued support by the Courts of Hennepin for the South Iennenin iiu:zan Services Council. Penzel moved to adopt Resolution No. 949bwith the following corrections: Para. 1', delete "planning", and Para. 4, delete "favors the" and insert "strongly urges", Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. B. 2nd Reading of Ordinance No. 306, an ordinance establishing license fees for mechanical amusement devices and amusement centers, and amending Ordinance No. 280. Penzel moved to approve 2nd reading of Ordinance ] o. 306, Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. • C. Resolution No. 1001, appointing election judges. Penzel moved to defer until June 24, 1975 Council meeting, Meyers seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. IV. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Report of Councilman Penzel 1. Report on Hennepin County Meeting. Extension of 62nd Crosstown from County Road 4 to 101. Penzel stated three alternatives are being considered each with varying street widths and ditch and shoulder �o� Minutes -4- June 10, 1975 IV. REPORTS OF OFFICERS, BOARDS AND COIEISSIONS (Cont'd.) A. Report of Councilman Penzel (Cont'd.) 1. Report on Henneoin County ... (Cont'd.) sections. Also, suggested only installing what the County recommended and that Eden Prairie's share of the cost would be roughly $60,000 of which $25,000 would be deductible if Eden Prairie can provide needed right-of-way. Penzel stated staff should be directed to work with Minnetonka staff to arrive at mutually agreeable access points. Townline Road would remain a frontage road across Edenview Addition. Council members discussed development plans, connect- ion of County Road 4 to 494, need of road re-surfacing on Townline Road and the County Road 67 situation would remain because of environmental concerns which would result if County Road 67 were rerouted to the south across Birch Island marsh. Pauly moved to accept report, Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. B. Report of City Engineer • 1. Petition from "The Cove" residents for utilities. Engineer Jullie explained this would be a costly project, that only 6 of the 13 residents in the area responded to the questionnaire, will have feasibility study ready for June 24 meeting, and requested the Public Hearing be set for July 1, 1975. Jullie responded to questions by Council members concerning whether there were problems in area with private systems, whether improvement would be feasible, if water could be put in at later time, if cost of project included street restoration, etc. Meyers moved to adopt Resolution No. 1000 ordering preparation of a feasibility report and calling for a Public Hearing on Project 74-1-20 and 74-2-20. I.C. 51-277 on July 1, 1975, Penzel seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted 'aye", motion carried unanimously. • aa • Minutes —5— June 10, 1975 • IV. REPORTS OF OFFICERS, BOARDS AND COi•r?ISSICNS (Cont'd.) B. Report of City Engineer (Cont'd.) 2. Traffic Inventory City Manager Ulstad presented the report for • Council review. Penzel moved to continue matter to July 8, 1975 meeting to enable the City Engineer to obtain additional requested information, Meyers seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. • 3. Gravel brine Licenses Renewal City Manager Ulstad stated five applications have been received, however, requested Council defer action on B & R Rock Co. application until staff has time to visit with Idr. Pearson (owner) regarding layout of total site. Mr.• Don Bongard, representing Mr. Pearson, requested the staff supply them with a list of their objections. Bye requested the staff submit a historical review of gravel licenses including fees, regulations, when • license was issued, etc. Bye moved to continue matter to June 24, 1975 meeting, Penzel seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. 4. Accent utilities in Lake Eden North Addition Engineer Jullie explained this is the usual procedure when a developer has completed his project. The streets will be done this summer. Jullie recommended accept— ance of the utilities. Penzel moved to accept Lake Eden North Addition utilities contingent on developer submitting the necessary drawings, Meyers seconded. Bye, Meyers, Pauly, Penzel and I.ayor Osterholt voted "aye", motion carried unanimously. Minutes -6- June 10, 1975 IV. REPORTS OF OFFICERS, BOARDS AND COMISSIONS (Cont'd.) C. Report of Planning Director 1. MCA Ordinance • Planner Putnam explained they have had meetings with a number of land owners in the MCA regarding Needs, Ordinances, some form of binding commitment relative to zoning and/or development options, etc. Should be on agenda same evening Ring Route meeting is held. Ho action. D. Report of Director of Community Services 1. Lower Minnesota River Open Space Plan Director Jessen presented a memo explaining the land in question is being considered by the Department of Interior Fish and Wildlife Service • for the Minnesota Valley National Wildlife Refuge. Mayor Osterholt stated the Department of Interior should be notified as to the community's feelings 'about this and Jessen stated he would prepare a position statement. • Penzel moved to refer this matter to Park & Rec. Commission for their review and recommendations, Meyers seconded. Bye, I•:eyers, Pauly, Fenzel and Mayor Osterholt voted "aye", motion carried unanimously. Mrs. Helen Fowler asked if she could have a list of property owners in area so she would be able to circulate a petition prior to receiving a report from the Department of Interior. 3ye suggested the property owners be a part of/or attend the Park & Rec. Commission meeting when this matter is discussed. 2. Capital Improvement Program Mr. Feerick stated he is Co—chairperson for group of citizens who have organized to inform people regarding the Bond Referendum. Feerick stated there were certain areas of concern regarding the 435 Minutes -7- June 10, 1975 IV. R POaTS OF OFNICERS, BOARDS AND CO13"ISSIONS (Cont'd.) D. Report of Director of Community Services (Cont'd.) 2. Capital Improvement Program (Cont'd.) referendum and one of them was the date of July 8 q— as it did not provide much time to inform the people about the Bond Referendum and July 4th weekend was a had time to get people out to work for the referendum. Suggested postponing referendum for two weeks. Stated the Park and Trail portion of the referendum is better under- stood than the ice and swimming pool facility. Also, mould prefer an indoor pool in conjunction with the new school and would like clarification of growth projections, tax figures, etc. as it would be helpful to the people in making their • judgment. Mr. Hanson, Chamber of Commerce, stated they have made their thoughts known on this issue and would like cooperation in giving this infor- mation to the public. Also, stated the businesses and land owners in the area don't have many votes, however, their problems must also be recognized. • Mr. Richard Anderson stated he would like to see an affirmative answer from the School Board as to building a joint swimming pool which would be covered or a municipal pool which could be covered at a later date. Mr. Hanson, Chamber of Commerce, stated he was very concerned about the bonded debt of the community and citizens should be informed accordingly and questioned timing of bond issue. Mr. Richard Anderson stated his concern regarding the timing of the bond issue. Council members discussed changing the date of the bond referendum. Bye moved to adopt Resolution No. 1002 changing the date of the Bond Referendum from July 8, 1975 to July 22, 1975 as this date best allows best possible dissemination of facts and information to community and the July 4th weekend may cause some inconvenience, Meyers seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. • y f Minutes -8- June 10, 1975 IV. REPORTS OF OFFICE?3, 3OARDS AND C0I .ISSIONS (Cont'd.) D. Report of Director of Community Services (Cont'd.) 2. Capital Improvement Program (Cont'd.) Council members discussed and suggested changes for r— the proposed brochure on the Capital Improvement Program. ti 3. Schaitberrer Option ' Attorney Perbix and Director of Community Services Jessen responded to questions by Council members concerning the option agreement. Meyers moved to authorize Mayor and City Manager ger to enter into agreement pursuant to recommendation:: by City Attorney and Director of Community Services, ' and including a clause for a time extension in case funds are held up for a short time. Pensel seconded. Bye, I4eyers, Pauly, Penael and Mayor Osterholt voted "aye", motion carried unanimously. 4. Reouest to secure appraisal on I?iller Brothers property. Ilr. Jessen responded to Council members questions concerning the property. Penmel moved to refer back to Park & Rec. Commission for their recommendations, Meyers seconded. Bye, Keyers,Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. 5. Authorization to sell the Smith and Hennes houses. City Manager Ulstad explained it would be necessary for the City to advertise for sealed bids for sale of these properties. Fenzel moved to authorize City to advertise for sealed bids for the sale of the Smith and Heppes houses, Bye seconded. Bye, Meyers, Pauly, Pennel and ?Mayor Osterholt voted "aye", motion carried unanimously. I•:inutes -9- June 10, 15;75 IV. REPORTS OF OFFICERS, BOARDS AND COI •IISSIONS (Cont'd.) S. Report of Finance Director 1. Payment of Claims Nos. 6549;6583;6800-6932 Penzel moved to approve payments of Claims Nos. 6549; 6583; 6800-6932, Meyers seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. F. Report of City Ianarer 1. Selection of three citizens to the Community Growth Council by 1•iayor ana City Council. Mayor Osterholt said he will submit three names and suggests each Council member do the same and then make the selections from the various suggestions. 2. John Suback licuor license fee. Kr. Suback explained to the Council that he was reouestin5 extension of his liouor license and would be milling to pay for it as he has not been able to obtain financing to complete his place of business, but hopes to shortly. Penzel moved to continue matter to June 24, 1975 meeting until Council members have had a chance to review a copy of the resolution pertaining to this matter and instruct staff to provide background information that led to this extension and recuest Mr. Suback submit his recuest in writing. Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. V. i; i BUSINESS Pauly - would like report on how many MAC brochures have been sold. Meyers - suggested investigating possibility of using one of the park hones for sale by City to house refugee family, possibly, in conjunction with church or charitable organization. Ulutad - presented document from Mayor of St. Anthony concern- ing the Hennepin County re-districting matter. Bye moved to adopt resolution No. 1005 stating Eden Prairie would like to be in same district as entire City of Bloomington, !•Meyers• seconded. Bye, IMeyers, Pauly, Penzel and I4ayor Osterholt voted "aye", motion carried unanimously. • Minutes -10- June 10, 1975 VI. ADJOURNIA T Meyers moved to adjourn, Penzel seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion - carried unanimously. Meeting adjourned at 11:17 P.M. • • June 17, 1975 Members of the Eden Prairie City Council; I request a six months' extension on my license application as I am trying to arrange financing end have been working on supplying bankers with information needed. I intend to go in business in Eden Prairie and I request the Eden Prairie City Council to give consideration to this request. If the Council requests my presence to explain this, I would be glad to appear. Yours very truly, 414 John M. Suback • • 440 ...-... ��. _ _�:•__ ri -3[.__�emu' - • TO: Mayor and City Council FROM: Roger K. Ulstad, City Manager DATE: June 18, 1975 SUBJECT: John Suback restaurant and liquor license application: A review. On 2.2 acre site on Lot 1, Block 3, Outlot C. Edenvale Industrial Park October 24, 1973: Mr. Suback received a receipt for $1,500 paid for the investigation fee for an intoxicating on-sale liquor application. December 18, 1973: Planning Commission heard his request for rezoning for the restaurant and referred the matter to staff, after discussion. December 11, 1973: Documents: surety bonds for 1973 and 1974 for $5,000 for the license year; and (no date on document) indication of liability insurance for bodily injury and property damage. December 21, 1973: Letter from Suback to Planning Commission and City Council in care of the manager with his proposal for a restaurant and including the layout and site plans. December 26, 1973: Planner's review of the restaurant project and rezoning request. (during December, 1973: background reports on license investigation being written.) January 3, 1974: Planning Commission recommended restaurant in this location not be approved and that he investigate an alternative location consistent with the Community Guide Plan. Commission said this was not to be interpreted as adversely affecting liquor license application. January 17, 1974: Attorney's opinion from Perbix that restaurant did not meet ordinance requirements for allowance in Industrial District because is not a related or supporting use. February 12, 1974: Public Hearings before City Council on both rezoning application and liquor license for on-sale. Rezoning was requested from I-2 Park to Community Commercial (C-Com). Perbix letter was reviewed. Suback said he bought the land assuming a restaurant was allowable under the ordinance, similar to those restaurants in Pentagon Industrial Park area. Said he was not made aware of the zoning requirements during 11 years dealing with staff.(Planner's report of Dec. 26, 1973 raises the question of appropriateness of this use in Industrial district.) Mr. Peterson from Eden Land said that research showed liquor license operation would not be successful in community center location such as Major Center area, as suggested by Putnam. Concern expressed about spot zoning. Hearing on rezoning referred to staff and hearing continued to March 12, 1974. Hearing on application for on-sale liquor license also continued to March 12, 1974. March 5, 1974: Planning Commission discussion of modification of Ordinance 135 to permit liquor license restaurant in industrial district. Motion carried to recommend denial of approval for construction of a liquor license restaurant in this location by either rezoning, special use permit or modification or amendment of Ordinance 135. The suggestion was made that in the future the non-refundable liquor license application (for investigation) should not be accepted if the zoning of the proposed site does not permit the use. 4,11 (Suback review, continued) -2- March 12 1974: Manager reported completion of the investigation on license applfcatlon. Consideration of on-sale liquor license application continued to March 26, 1974. (The public hearing was held, closed and continued.) Suback mentioned the possibility of incorporating with two other men and was told that additional fees and investigation would be required if this was done. Continued hearing on rezoning held and closed. Motion approved to deny _ request for rezoning and to approve Suback's proposal for a restaurant under the present Ordinance 135, specifically in accordance with Subd. 1.2, Sec.D and Subd. 8.2, Sec. B and C. (Pauly, McCulloch and Osterholt voted aye, Meyers and Penzel voted nay.) (Copy of this section of ordinance attached and marked.) March 26 1974: Council discussion of proposed resolution 831. Discussed status of restaurant under zoning ordinance and as part of PUD. No action taken. Matter continued. April 9, 1974: Council adopted Resolution 831 (Meyers voted nay), conditionally approving issuance of on-sale liquor license for John Suback. (Co attached.) (Presumably the agreement called for in Aiii has not been executed September 10 1974: Council granted extension to July 1, 1975 for construction of restaurant facility. All other conditions of license are in effect, according to minutes. 6 _.JrL. .._r... •s_C:: ."3�_'. .._... �_..._.....tea. �V�.. .a�.. a 9 a _* • • CITY OP EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION No. CD.1 A RESOLUTION CONDITIONALLY APPROVING A LIQUOR LICENSE TO ONE JOHN SUBACK. - WHEREAS, John Suback has applied to the City of Eden Prairie for the issuance of an intoxicating liiguor license • .ass and, f WHEREAS, Mr. Suback has proposed to construct a building on Lot 1, Block 3, and Outlet C, Edenvale Industrial Park, NOW THEREFORE, Be It Resolved by the City Council of the 1' City of Eden Prairies 1. That it is the intention of the City of Eden Prairie to —� issue Mr. Suback aniintoxicating liquor license pursuant to "-_H Ordinance No.NiZ to be used in a building on Lot 1, Block 3, and Outlet C, Edenvale industrial Park, provided the following conditions are mots ucted A. That the building be with the Edenvale land ouse rplan,irestaurant c$ site plan, restaurant floor plan and exterior perspective as contained in the letter of Mr. Suback to the City Council, dated December 21, 1973, 'subject however, to the followings • (i) The i D entrance a side moved West aminimum from aofi150 foot from the intersection of Baker Road and Martin Drives, South and West of right-of-way linos. (ii) That the restaurant comply with Ordinance Noe. 135, 178 and 93 as to specific site development improve- ments, lnndacaping and setback • requirements. • • 643 - . • • •• • (iii) That there will be furnished to the City k an executed or certified copy of the agreement relative to parking between Mr. Suback, the Dietrich • Corporation and Eden Land Corporation. • This agreement must be approved by the City attorney. (iv) That construction of the building be commenced within six (6) months and be completed within fifteen (15) L;s months from the date hereof. @Aga yb the City of Eden Prairie this ittkh day of ate- II , 1974. •, . • David W. Osterholt, Mayor ATTESTS ;1 '• John D. Frame, City Clerk -1., /7 1 • • •• • • • • -. 4 • r 2 . . . 41 . , . • ,4tro • GRAY,PLANT, MOOTY & ANDERSON NAROLD D.CANT"EET-I[Tal LAW OFFICES DAVID T. • [DWIN C•CARPENTER A......CFIREnR[DI LI w. ON IN D.*PAY 300 POANOKE OUILOINO JOON W.TNIEL NOOSE .10.0.1 W NOOTTJ MINNEAPOLIS,MINNESOTA 5540E DANIEL P.SNDLN.N rICNA[L w.cuNNI At N. ✓eININ w.rOOTT TELEPN ONE(OIL 339-SSOI wlcNAwD..Noow[,Jw. wu»[LL r .No[ CLINTON A.EC NROEOEw EDWAND J. ,JR, R D.[RT L June 11, 1975 M[D[*ICE J.O[wNART JAN[E II.SINONEON WILLIAM LION LAMM,w rARR..NONOEN"Ew0 D▪ICNAND N.FLINT RRISTEN C.NELSON COPTIC. ►.ONLLIVAN JONN P.JANES RICHA D.IOw"LUND JOSS►N D.MOLT ON tRU CC D A. .LIEAf[TN W.NORTON [watt D.owILSONo __ C. LEo« JONN S.CNONCN ALI L.CCCCCCDO OP CwA10 L.V OLLNAR J.CALLANAN,ER. Mr. Roger Ulstad City Manager City of Eden Prairie 8950 County Road 4 Eden Prairie, Minnesota Re: Modern Tire Company's request for (i) rezoning of its premises at 9051 Flying Cloud Drive from Rural District to Highway Commercial and (ii) a variance to permit the con- struction of a 50' x 100' addition to its existing building Dear Mr. Ulstad: 1 On behalf of our client, Modern Tire Company, we hereby request that the following matters be placed on the next City Council meeting agenda: 1. Modern Tire Company's request for rezoning of the above-captioned premises from the Rural District to Highway Commercial; 2. The Planning Commission's recommendation to the City Council that the Modern Tire Company premises and adjacent premises be made the subject of a "Mini-Study"; and 3. Modern Tire Company's request for a variance to permit the construction of a 50' x 100' addition to its existing building. (Said • • • Mr. Roger tasted Page Two June 11, 1975 request of Modern Tire Company was denied by the Planning Commission at its June 9, 1975, meeting.) • • Please advise me of the date or dates on which the matters referred to above will be on the City Council meeting agenda. Very truly yours, (1hu ohnh JSC:cfk cc: Messrs. Richard Putnam James F. Duvick Wally Ball • • 4469 • Unapproved PIanning Commission Minutes -2- June 9, 1975 III. REPORTS AND RECOMMENDATIONS. A. Modern Tire Company, located east of US 169 (at 9051 Flying Cloud Drive), requesting rezoning from Rural District to Commercial Highway in conformance with Crdtnance 135. •M odern Tire. is requesting rezoning in order to construct a 50x100 foot addition to the present building. The planner referred the Commission to the June 5th letter from Mr. Crouch, representing Modern Tire,and the June 4 letter from Harlan Perbix. Sorensen inquired if there had been any other conditions to the bargain between the City and Modern Tire referred to on Rage 2, 2nd P,of the June 5th letter. Crouch replied that no other conditions had been agreed to other than the City allowing the eriargezent of a very soon to be non-conforming use in return for the company's non-objection to the property's rezoning from R-C to Rural. Crouch believed that such a condition is unlawful and unenforceable. Schee asked Mr. Crouch if he represented Modern Tire in 1969. Mr. Crouch responded affirmative. Sorensen felt Crouch's letter of June 5 omitted important and necessary parts of Crdinance 135 pertaining to non-conforming uses. Sorensen read the following- SECTION 16 of Crdinance 135, 1 a "This article is intended to limit the number and extent of non-conforming uses by prohi- biting their enlargement, their reestablishment after abandonment, and the alteration or restor- ation after destruction of the structures they occupy." Sorensen said he did not agree with the interpretations of cases cited in the June 5th letter. • Crouch felt that non-conforming uses generally cannot be enlarged, but circum- stances change and Modern Tire has made substantial investments in their property over the years and the 'ity should not limit the use from growing. Meyers stated the Council recommended a Mini-Sector Study for the area as recommended by the Commission and the City Attorney did not believe a building permit could be granted to a non-conforming use. The planner said a decision on the rezoning request is still before the City, but since a study would place construction of the addition out of this building season Modern Tire is seeking a variance. The Commission members agreed that Modern Tire is a good use within the city but were unsure how the City could help the company construct an addition this year. 6q 1 • Planning Commission Minutes -3- Unapproved 'June 9, 1975 Feerick asked what hardships Modern Tire would experience if they could not build an addition this year. Mr. Jim Duvick said that presently tires on large trucks have to be changed outside which blocks the parking lot and dictates employees must work outside during all types of weather. Mr. Duvick estimated that construction costs would be up 12%by next year . Lynch asked if construction of the addition would require enlarging the parking • lot. Duvick said it would not. Crouch requested the rezoning request be continued until the Council could recon- sider the variance request with the information contained in his June 5 letter. Feerick asked what the staff's recommendation was. The planner replied he concurs with Brauer's report and a small scale study to be completed prior to the Guide Plan update. Motion 1. Schee moved, Meyers seconded (for discussion purposes ), that the rezoning and variance request by Modern Tire be continued until a Comprehensive Guide Plan Study is completed and subsequent ordinance charges are made,if any. Discussion Feerick inquired if a time limit should be specific. Fosnocht did not feel the Guide Plan's completion should be under pressure due to a time limit on the Modern Tire item. Feerick questioned what action the Planning Commission could take on a variance request. Schee and Meyers agreed to delete the variance request from the motion. Motion 2 Feerick moved, Schee seconded,to recommend that the first motion be tabled to consider the variance request. The motion carried 5:1 with Fosnocht voting nay. Motion 3 • Fosnocht moved, Lynch seconded, to refer the variance request to the Board of Appeals and Adjustments. Discussion Sorensen stated the Council can act directly on the variance request as the Board of Appeals and Adjustments, and that he would vote against the motion. Feorick suggested amending the motion to recommend approval .. Lynch favored such an amendment, iFosnocht did not. Fosnocht and Lynch withdrew the motion. Motion 4 Feerick moved, Lynch seconded, to recommend the council consider approving the variance request by Modern Tire to allow a building permit on the non-conforming property. The motion failed 2:4 with Lynch & Feerick voting aye. Sorensen stated that the vote constitutes action by the Planning Commission and • now the Commission should consider the previously tabled motion on the rezoning request. • • • unapproved Planning Commission Minutes -4- June 9, 1975 • Vote on Motion 1 • The motion failed 3:3 with Lynch,Feerick&Fosnocht voting nay. Meyers Inquired if the members voting against the motion favored a Mini-Sector Study. They said they did. Sorensen believed rezoning would constitute spot. zoning and would effect . other land within the City. • - Crouch felt the Modern Tire request should be considered on its own merits, not In conjunction with other properties. Motion 5 • Feerick moved, Meyers seconded, to recommend to the City Council reconsider- ation of their decision on the Mini-Sector Study for the 169 Area in light of the present circumstances. The motion carried 5:1 with Sorensen voting nay. • • 449 . r ...,. .. :. _. ,.mow., a .._ .. __ .. . . GRAY.PLANT, MOOTY d, AN DERSON •O.o o.C•*,0•••-•1•al LAW OI/10E8 DA•„D T. •• N w•w OCw1AL ,Cf) • IOW.*C. w w O.Ow•• 300 POANOAC BUILDING JONN W.,N•C\ •• A M. MINNEAPOLIS.MINNESOTA. 55402 OANftL W.1N...AA • ...CI., ff..NDCw1OM fa wAL\w,CUM M• • .00071 ONG(OM 339-G501 .Mpwtw C.f CtOCN•ICNAwp A. -i NOORC.JS. w•wON A.sCNwO COCO JAYCS w.\ANOC ao J. .0.4.1. • June 5, 1975 J..N•ptw .tw,I.NC.\.rp J' —Ytf* w .f•NO0son ,000VOCw J.o *Or • ,\ r •Ll w•0 • • p M.,L•M• MAwA A.001W LLLLLL C N.CL .lVll•vAN 11001•CY C.NC\f ON 1•1 O.Ipwl.VNO JONN►.J.NL1 I C0.00 A.00WYNN D.wOl,pN .ucc O. • o tuzaft•N W.NOw•ON - 1 .SON -- • Nf.CwOVCo Or f.ro t.VOLLNAO • AL♦L.fLwpLwYO c AA.fw. Eden Prairie Planning Commission Eden Prairie City Council • City of Eden Prairie 8950 County Road 4 - Eden Prairie, .Minnesota , 'Re: Modern Tire Company's Request for (i) Rezoning of Its Premises • at 9051 Flying Cloud Drive from • the Rural District of Highway Commercial and (ii) A Building • Permit for Construction of a 50' x 100' Addition to Its - Existing Building ' • f Gentlemen: i Our office represents Modern Tire Company ("Company") in the i above-captioned matter. The purpose of this letter is to set forth the factual background • as well as the Company's position as to the applicable laws and . ordinances as they relate to the subject request. 11 i1 • BACKGROUND On November 22, 1967, the Company entered into a Purchase I Agreement with Walter Lueth for the purchase of a parcel of land 1 • approximately one-half acre in size at 9051 Flying Cloud Drive on 11 which was constructed a building 40' by 140'. Concurrent with the Lueth Purchase Agreement, the Company entered into a Purchase Agreement with Roy E. Olson, Inc., for the purchase of an acre of land which adjoined the Lueth parcel on the east and north. °. Both parcels were zoned R-C under the then existing zoning ordinance. Prior to the closing the purchase of these parcels, the Company sought a special use permit from the City (then a Village) to permit &den Prairie Planning Commission - June 5, 1975 • Page Two • • the use of the property for the wholesale and retail sale of tires as well as for tire repair and installation. (The Company sought a special use permit on the advice of our firm because our firm believed that it was not clear that the Company's intended use was permitted in the R-C zone without such a permit even though some officials of the City thought the-intended use did not require the special use permit.) • I At Planning Commission and City Council meetings in December, 1967, the company's request for a special use permit was approved and the Company closed the purchase of its two initial parcels in January, 1968. • In August of 1968, the Company purchased from Roy E. Olson, ' Inc., a one and one-half acre parcel adjacent on the east to the Company's property. In August of 1969, the Company requested a building permit from the City to permit construction of a. 50' by 100' addition to its building. Subsequently, the Company agreed that if the City would issue the requested building permit the Company would not object to the proposed rezoning of its property from R-C to the Rural District classification. In September of 1969, the City Council approved the issuance of the permit and Company obtained a building permit in September, 1969. On October 14, 1969, the City adopted its comprehensive zoning ordinance. Pursuant to said zoning ordinance, the Company's property was rezoned to the Rural District and the Company's use of its property became a non-conforming use. On Nay 19, 1970, the City Council approved, at the request of Company, the combination of its three parcels, except a portion 178' by 180', into one parcel. PRESENT REQUEST The Company has now requested (i) the rezoning of the property to the Highway Commercial Zone, and (ii) the issuance of a building permit for the construction of a 50' by 100' addition to its building. . At several recent Planning Commission meetings, members of the Planning Commission inquired as to whether there was a procedure permitted under applicable laws and ordinances which would allow the Company to construct ics requested addition while the question of the rezoning of the Company's property, as well as the rezoning of several adjacent parcels, was explored by a planning study. • • GSi icn i'rairie Planning Commission , June 5, 1975 Page Three / ISSUE Does a variance which allows the physical 'enlargement of a building containing an existing non-conforming use, where there is to be no change in the use made of the building, constitute an unlawful "use variance", or does it constitute a lawful non-use "area variance"? DISCUSSION . • Section 462.357(6) of the Minnesota Statutes provides, in relevant part, that the board of appeals and adjustments of a municipality may "hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of dircumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be•in keeping with the spirit and intent of the ordinance". However, this statutory section also provides that "the board of appeals and adjustments or the governing body, as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located." The zoning ordinance of the City of Eden Prairie adopted , the provisions of the above statutory section. Thus, subdivisions 16.1(a) and (b) thereof empower the board of appeals and adjustments to make variances, while section 17(c) provides that "the power to grant variances does not extend to use regulations." Subdivision 16.2 of the zoning ordinance dealing with non- . conforming uses provides as follows: Subd. 17.1 Purposes and Authorization a) In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this ordinance as would ; result from a strict or literal interpre- tation and enforcement of.certain of the regulations, the Board of Appeals and Adjustments is empowered to grant variances.• b) A practical difficulty or unnecessary physical hardship may result from the' • size, shape, or dimensions of a site or 1 the location of existing structures thereon from geographic, topographic or other physical conditions on the site or in the immediate vicinity, or from population • • • Widen Prairie Planning Commission June 5, 1975 Page Four • densities, street locations, or traffic conditions in the immediate vicinity. c) . Cost to the applicant of strict or literal , compliance with a regulation shall not be the sole reason for granting a variance. d) The power to grant variances does not extend to use regulations. • The courts which have examined this matter have in general concluded that a use variance is one which permits a change in use, from a lawful to a non-lawful use, while a non-use variance or area variance is any variance which deals with actual physical changes in the building or premises, where there is no actual change in use. Thus, the Supreme Court of Nebraska in Alumni Control Board, Alpha Psi Chapter v. City of Lincoln, 179 Neb. 194, • 337—N.W.2d 800, 804 ( 965)d iistiist nguished between the two types of variances as follows: A use variance is one which permits a use other than that prescribed by the zoning ordinance in a partic- ular district. An area ordinance has no relationship to a change of use. It is primarily a grant to erect, alter or use a structure for a permitted use in a manner other than that prescribed by the restrictions of the zoning ordinance. - i Several points should be noted with respect to this statement. The term "atea variance" was defined as not including a change of use, which necessarily implied that a "use variance" would involve a change of use. Furthermore, a non-conforming use which is existent at the date of the enactment of a zoning ordinance, such as in the present case, is permitted to remain under the statute and ordinance. In other words, even though it is a non-conforming use, it is nevertheless a permitted use since it existed at the date of enactment of the zoning ordinance. Thus, a variance to alter a structure which houses a permitted, albeit nonconforming, use would be a lawful area variance under the above • stated definition. A similar distinction between use variances and non-use variances was made by the Supreme Court of Rhode Island in Reynolds .v. Zoning Board of Review, 191 A.2d 350, 352 (1963) , where the court held that lot line restrictions in a zoning ordinance do not amount to use restrictions. The court distinguished between use variances and non-use variances as follows: .en Prairie Planning Commission June 5, 1975• - Page Five [T]here is a fundamental difference between zoning enactments that classify land uses and thereby designate • the uses to which land may be put and the enactment of — rules which are intended only to prescribe the manner in which such uses as are permitted may be exetcised. This distinction also implies that the proposed variance at issue in the instant case is a lawful non-use variance, since the proposed variance only prescribes the physical size of the building in which the permitted, non-conforming use, may be - exercised. It should be noted that the Supreme Court of Pennsylvania • has held that a municipality does not have the right, pursuant to the United States Constitution, to prohibit the natural expansion and growth of anon-conforming use which was existent on the date of enactment of the zoning ordinance. Thus, the Pennsylvania Supreme Court stated in Humphreys v. Stuart Realty Corporation, '' 364 Pa. 616, 73 A2d 407, 409 (Pa. 150) , thaE [al non-conforming use cannot be limited by a zoning ordinance to the precise magnitude thereof which existed at the date of the ordinance; it may be increased in extent by natural expansion and growth of trade, neither is it essential that its exercise at the time the ordinance was enacted should have utilized the entire tract upon which the business was being conducted." The Supreme Court of Minnesota has also recognized the distinction between lawful non-use variances and illegal use variances. 'In Merriam Park Community Council, Inc. v. McDonough., 297 Minn. 285, 210 N.W.2d 416 (1973) , the court-Eeld that Section 462.357 of the Minnesota Statutes "does not prohibit granting non-use variances such as those of area, height, setback, density and parking requirements, if the granting thereof is in keeping with the spirit and intent of the ordinance and the refusal to �. grant them would cause undue hardship." The variance requested in the instant case is similar to such non-use variances as area, height, setback, density and parking • requirements in that it requests a variance from subdivision 16(a) of the•Eden Prairie Zoning Ordinance, which imposes physical restrictions on alteration or restoration of the premises, which are no different in effect than setback, height, area, density or parking requirements. CONCLUSION • A variance which allows the physical enlargement of building containing an existing non-conforming use, where there is to be • all . . • Men Prairie Planning Commission _- , ' June 5, 1975 Page Six - no change in the use made of the building, constitutes a lawful non-use "area variance", rather than an illegal use variance. If any further information is necessary, please advise. • i— Very truly yours, - - • • • • • GRAY PLANT, BOOTY & ANDERSON . • BY A ..► l:a.,),._ ._ A S. Crouch JSC:jj • • • - co: James F. Duvick Harlan W. Perbix Walter Ball • • • • • 1 • • • • �•. • PERBIX. HARVEY. SIMONS & THORFINNSON. P.A., ATTORNEYS AT LAW . P. O. BOX 100 17 TENTtt AVENUE SOUTH HOPKINS. MINNESOTA 55343 • TREMIONE 035-4460 • W.HARLAN PERISH HOWARD E.HARVEY -• June 4, 1975 KEITN E. SIMON* ROSA TIIORIINNSON I.ORRAINE TESLOW 1.EOAL ARAM-ANT • • • • Mr. Richard Putnam - • • Eden Prairie City Hall • 8950 Eden Prairie Road • Eden Prairie, Minnesota 55343 RE: CITY PLAN - EDEN PRAIRIE MODERN TIRE COMPANY APPLICATION Dear Dick • I have a letter dated May 2I, 1975 which was sent to me by John Crouch. attorney for Modern Tire Company in which he attempts to put the proposed application I of Modern Tire Company into a non-use variance. In that letter he cites a recent Minnesota Supreme Court Case and addresses himself to the csn,Rtion. • As I have previously told you, it is my opinion that this is enlargement of non-conforming • • use and I believe cannot be met under the present zoning: There is nothing in the letter, above referred to, which changes my opinion on this matter. The concept, as I understand it, of the non-conforming use provisions of our ordinance--or any ordinance for that matter--is that they are adopted with the ultimate • hope and expectation that the use will become conforming, either by a change in the subsequent zoning, or a change in the use of the property to that of a conforming use. If it were not so, to enlarge this building without a change in zoning would defeat the intent of the non-conforming provision of the ordinance. • I have not addressed myself, item by item to the letter of May 21, but it is my opinion that there is nothing in it that changes my previous thoughts that we have discussed on this matter. • Very truly yours, PERBIX' HARVEY, SIMO • NS&THORFINNSON, P.A • q),, • W. arlan Perbix • whp/es • • • • • • • mAy 22, /97s" Planning Commission Minutes -2- approved • 7:30•PM City Hall E. Modem Tire -rezoning from Rural to Highway Commercial for the construction of an addition to the existing building:. The site is located approximately 1/2 mile north of Flying Cloud Airport at 9051 Flying Cloud Drive. At the May 12 meeting, attorney for Modern Tire, Mr. John Crouch, indicated that he would prepare a letter stating his clients position concerning the possible approval of the hu+.ilding permit without a definite zoning action. Mr. Crouch's letter was received at the City Hall Thursday morning, May 22,so - neither the commission nor Mr. Perbix had reviewed its contents. The Planning Commission directed the staff to submit the recommendation of the May 12 meeting concerning the 169 Mini-Sector Study suggested by Brauer &Associates in their review of the Modern Tire rezoning to the Council for consideration. ACTION; Iioerger moved, Fosnocht seconded to continue the Modern Tire rezoning request to the June 9 , 1975, meeting. Motion passed unanimously. Mr. Crouch, attorney for Modern Tire, agreed with the Commissions decision to continue to the Juno 9. meeting so his letter might be considered. • • V51 _...,_ xro-fie --''!C d Planning Commission Minutes -4- - May 12, 1975 C.Modern Tire rezoning from Rural to Highway Commercial for the construction of a 50'x100' addition to the existing building. The site is 1/2 mile north of Fl ying Cloud Airport at 9051 Flying Cloud Drive. The Planner referred the commission to Don Brauer's report which recommends a joint private/public study of the area surrounding the Modern Tire site for the benefit of the property owners and City. Sorensen inquired how the previous permits were issued since permits can not legally be issued to non-conforming uses and unzoned property. Mr. Crouch, attorney for Modern Tire, said through negotiations between the City and the Duvick brothers it was agreed in the Fall ol 1969 that the property would retain a Rural classification if the owners were allowed to construct a building. Mr. Crouch stated that Modern Tire's building permit was issued prior to the adoption of Ordinance No. 135. • Sorensen felt allowing improvement of non-conforming uses could damage the goals of the City's Guide Plan. The planner felt-Brauer's recommendation offered a good solution to the problem in this case. Mr. Crouch informed the commission that Dick Bren (Building Inspector during 1967), suggested . Modern Tire apply for a Special Use Permit , not rezoning in 1967. Mr. Tim Duvick said he is willing to participate in future planning and costs, but • would like to build soon and not have the study delay the construction of the addition -; past the 1975 building season. The planner suggested that a study of the area-could be a part of the Guide Plan update and suggested the City attorney invests to the possibility of allowing the addition in this case without rezoning. Sorensen felt the granting of a building permit for non-conforming uses is not allowable in Crdinance No. 135, Sections 16 & 17. Motion 1 - • • Meyers moved, Schee seconded, to recommend to the City Councila_Mtni- Sector study for the area to be outlined by the staff before the Council and that the Sector study be completed and through the commission with recommenda- tions to the Council within 45 days . Vote: The motion carried unanimously. Motion 2 Fosnocht moved, Schee seconded, that the Modern Tire request be placed on the commission's next agenda and the staff be directed to ask the City attorney his opinion on the possibility of permitting the addition to the building under the present conditions and that the attorneys . opinion be presented at the•commission's next meeting. " Vote: The motion carried unanimously. • --. -------- :approved i- _9_ PIanning Commission Minutes •14prll 14, 1975 y, PETITIONS AND REQUESTS. ion A. Modern a 50'x100' addition.f The site Is 1/2 mile north of Flying Cloud Airportrom Rural to Highway Commercial for the at ofatt 9051 Flying Cloud Drive. Mr. Jim Duvick, Modern Tire, said the proposed addition would be on the back of the existing building and would be used for warehouse and space to work on larger trucks such as garbage trucks. • 1( Sorensen asked if the building was owned by the Duvicks during the City's rezoning process in 1968-69. Mr. Duvick replied they bought the building in before1968 and were operating in January 1969 the City's rezoning He added that when he purchased the property it was zoned commercials complete. Sorensen asked Mr. Williams, adjoining property owner, if he had any comments Mr. Williams had no comments and said he was present just to listen. • The planner said he felt rezoning would be appropriate. Sorensen asked the planner to address the possibility of a variance, the property`s legal status and development of the property since 1968 in the staff report. approved Planning Commission Minutes -10- April 14, I975 Lynch asked how the previous addition was obtained. Mr. Duvick replied George Hite, past city manager, granted Modern Tire a building permit. Motion: Lynch moved, Schee seconded, to refer the item to the staff for a report. The motion carried unanimously. • MEMO TO: Mayor Osterholt and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: June 19, 1975 SUBJECT: Alex Dorenkemper Request for Approval of Preliminary Registered Land Survey (Crestwood 75) Mt. Alex Dorenkemper has submitted for Council approval a preliminary Registered Land Survey which includes six 5 acre+ residential lots along Crestwood Terrace extended to Co. Road 1. The attached "Plan A" shows the proposed lot configurations requested by Mr. Dorenkemper. The property to be divided is zoned rural. City Attorney, Harlan Per- bix, advised that the City's Planning and Zoning Ordinances prohibit land divisions in the rural district unless each parcel created is 5 acres or more and 300' or more fronting on an existing public right- of-way. Upon review of Mr. Dorenkemper's land division request, Mr. Perbix has recommended (see letter attached dated 4/2/75) that the lots proposed would be abutting a public street since the general public has used the existing roadway for at least six years. Also, Mr. Perbix concludes that Mr. Dorenkemper's previously signed Land Hold Agreement would not apply because such land division of 5 acres or more and 300' in width is beyond the scope of Ordinance No. 93 In view of Mr. Perbix's recommendations, we recommend Council approval of the preliminary Registered Land Survey submitted for the Dorenkemper property, subject to the following: 1. The Registered Land Survey shall be revised to conform with the layout shown on "Plan B" attached. 2. Under "Plan B" the following tracts should be dedicated to the City: Tract G for roadway and utility purposes Tract H for utility and storm sewer Tract I for storm sewer and drainage Tract J for drainage and walkway These dedications will result in some parcels of less than 5 acres. However, the overall density of the platted area would be in excess of 5 acres per unit (5.3 acres per unit). • _ y • 3. The Developer shall inform prospective purchasers that future special assessments for streets and utilities will be based upon the number of lot units which the tract could reasonably be divided into, in accordance with the City's Platting Ordinances. 4. One building permit for a single family residential de- tached unit may be issued for each of Tracts A through F. The City Building Official shall require that each house be located so as to not conflict with future subdivision of said Tract as shown on "Plan B." S. A fee of $150 for City costs associated with review and processing this request. 6. Mr. Dorenkemper shall agree in writing to the above re- quirements prior to release of the signed hardshells of . the final Registered Land Survey of the property. • CJJ/kh i • • • • 7 lJ LJL CRESTWOOD TERRACE • - EDEN PRAIRIE PHONE----445-2838 February 26, 1975 Eden Prairie City Council Alex Dorenkemper • City Of Eden Prairie 18925 Pioneer Trail g950 Eden Prairie Road Eden Prairie, Minn. 55343 Eden Prairie, Minn. 55343 Re: The City taking over ownership of the remaining 1300 feet of The Existing Undedicated Crestwood Terrace. Dear Mr. Mayor And Council Members: I am requesting that The City Council consider taking over ownership of the remaining 1300 feet of Crestwood Terrace by The City, as shown within the Accompanying Brochure. I am also requesting that The City Council consider A Resolution allowing the division of the land fronting on said street into Six 5 Acre Parcels, which are also shown within the Brochure. It is possible that The City Of Eden Prairie would have a Legal Right to take over said street because it has been used and maintained by the City the same as a Public Street since 1968. Because a Private Street is being used as a Public Street, there does exist a Liability to The City and The Developer; and to close the street, does not seem to be the proper solution because the street has been used almost exclusively by The Residents of the Crestwood Subdivision, The School Buses, The Mail Service, and others, simply because it appears to be the most logical and sensible street access from Pioneer Trail to the Crestwood Subdivision. Thanks for any consideration that may be granted. 2iro velopment�ny�yAmJDorenkemper/ cc: All Council Members City,Attorney "CREST WOOD', • • DEVELOPED FOR AN EXCLUSIVE KIND OF COUNTRY LIVING 46 3 / N i . L._,H i.,.. . . . ......._ • • , • .. . .A...00 • , • A ' �` Q'e1• \ y r u •� . �/ i, a • m +t U • y / *. V ..Z. .0>:;ep t? .0 \/,..7 7. e, 0 t' elk SQ: . ,.. , ‘ / t?).t• . s.- /.\\ • , j T.s / ;!0MrB 9 Ja / 330�; � {1C+d.Qa x1p t w !,...., t" , la -t. t4 - no n y tsf.��a oa • \ \V( cis � ... 1! sa ` /4e P/7/? Jo Qito- s iw O $ / / ,1 o. ,d• ,7 As s�dnifted -by - , o - - _ Z. • /1r. .Dorerifte.»per -_. qSI 1`,' �' e JJ 73 2= !ti.°a t C T 46.3 ,r - .3,°"4 `gyp, PERBIX. HARVEY. SIMONS & THORFINNSON. P:A. ATTORNEYS AT LAW P. O. BOX ISO 17 TENTH AVENUE SOUTH HOPKINS. MINNESOTA 53343 TELCrNONE 035-4466 W.HARIAN Potent HOWARD E.HAnvEY KLITH E.SIMONS April 2, 1975 Roam T=ORORFINNCON LORRAINC TESLOW LIMAS.ASSISTANT • Mr. Roger Ulstad Eden Prairie City Manager 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Mr. Ulstad: You have requested that we review the February 26, 1975 correspondence from Alex Dorenkemper and that we render our legal opinion with regard to the requests contained in his letter. Mr. Dorenkemper's first request is that the City consider dedication of the extension of Crestwood Terrace from the platted roadway of"Crestwood"to its connection with Pioneer Trail. Minnesota Statute Section 160.05, Subd. 1 , provides as follows: "When any road or portion thereof shall have been used and kept in repair and worked for at least six years continuously as a public highway, the same shall be deemed dedicated to the public to the width of two rods on each side of the center line thereof and be and remain, until lawfully • vacated, a public highway whether the same has ever been established as a public highway or not if the maintenance and engineering records of the City. as well as other available records indicate that this road has been used and kept in repair and worked for at least six years--then by working of the Statute, it shall be deemed to be dedicated to the public. Further, it does not appear that a resolution of the City accepting this dedication would be necessary. Mr. Dorenkemper next requests the City Council to consider a resolution allowing land fronting on said roadway to be divided into six 5-acre parcels in accordance with a diagram he has submitted with his letter. We have no ordinance relating to • Page 2 Mr. Roger Ulstad April 2, 1975 or • cctweyances I subdivisions of parcels containing areas of five acres or more, and having a width of not less than 300 feet. In other words, it is my opinion that if a person chooses to convey a parcel of that size or larger, he does not have to go through the City for approval of such a division of land. A further and more specific question relating to the Dorenkemper property arises from the fact that the City and Mr. Dorenkemper(on September. 12, 1973)entered into an agreement relating to the present and prospective use of his property. That agreement in part, states as follows: "That the undersigned will not petition the Village of Eden Prairie for any further platting of any part of the premises first aforementioned until municipal and water services become available to said premises or until a date five • years from the date hereof, which(ever)comes first." It is my opinion that a plat is not required to convey a piece of property of five acres or lazier in size. It is therefore my opinion that an agreement does not prevent Mr. Dorenkemper from dividing his land into parcels of that size and configuration as it would not be within the scope of Ordinance No. 93 as amended. Very truly yours, PERBIX, HARVEYY,, SIMONS&THORFINNSON, P.A. W. Harlan Perbix Whp/es cc: Dick Putnam -7'.,,,-;•• , . ... ig•s: . -L . • • • . • • _,....V,P‘6 - - . . • • ••••- •••,..' _ . . . . ."- • - 0 i -:- F- -. - • _. , . - ,.. • - • ..... _ . . . . .. . _- . • • 0 . • ,- - .. - . - t• ,3 _ • - 4.. • • - 5. .• (•, i t • .— • „e',/No V .;, - 0 • •tt - ,_ .kP - \./ . . • i 1 .. / e'e , J. . 5,41w7,......„ , (, • • i..."' . . . CW7/ & . -•... ' . . g . • '' • 1§ III ' - • - . . _ o 4, ,• . -' t_.-.. :c ,7 . . . . , . • I — 4. ,i .•Sr/ c. . . . N' 0. - • 4, • . ' . -CP ' c, 4f . , - . .II:• . )' • 2 • • . • .4 , ..r. • - it>" . • .t' - . . . -- c, $', - / 67-. - ,>'•<,K ' -••, ‘.. . Dil) .• I ?C.).%, . ...•••..6... ...5. / ••e— 7) IO‘G-, '`),•.\ ' c's.) --, - , ,t,/,:_v_r et s.,..:, .,....,..6,,./ • -,./'-:-:„. 4 1 1 —I 1 , \\ - \ . . _7— . ., • • k4- • • • L ovis:14K,C) I C'l a ••::, ‘'../ .-s •0 -.(1-;...-- . (3 -.1 1 .......ri ,, ,,q;„ , -6,,. ,z .,,i..,,,,Z3 (3.t 1 ,.:.., ).,. ,---- , ° (< *r,4-.) -- -1-- /z7-, .:-1 • i — 1 C;,"(...,x, '1,7_k__•tc., I_______ . '4.J f 1..:).i t it,, --••••,(C) cr,....).tz. -..—. —7.—1-.. -.- '1 • . c)‘, 4 •"us g -:•Ss- r.C.•••Z'.'--A r I •'.- 6. , 0 .fe.. . .— -.... '..V/ q,,1 - . --"%•••••••._.---".........„e'rj ..-••' —3 . , . . k. c5 .... t.. •Z17 a 0 -- L'i 6 ° rIZ.--r----\-1, . . a 4° •13% a its cn ••-s 4;....-/ - 381 v --' 19i . ,A. v. ...1. 01".• t 4 c. us 0 ‘...,CP: L z a • . x. ', . ..- - •. ' \ 0 - • •CV 113 - A/o/e s: - - -- - •- • -4' a ..-:•1 6• i.• 7;-oc I's 4 /4"?1L ore•.ode . -. _ 1 ‘ 1 .. • r• at . ••=.4 6 qt, 14 eiC4 / •. °ch. '. ..:...- . .• rs 24 i if 2. /14,,,be..-ed /o/s sh.q,,,, ,,,ai-t:Akt - 8;Cbt 9.5 411 • 1 ‘ ('D' .. 30A. • 158... syl. oCaiLt".•-e Se...4.0?../.v.s.S/co) .... • N t---_-9'. .• .! -..- • 1% .. -• "IZE-§. 4 :ecru 1,66 _I .. ___ ......_ TO: Mayor Osterholt and Members of the City Council THR )GH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: June 19, 1975 SUBJECT: Right-Of-Way Purchase from W. Gordon Smith Co. I.C. 51-266 We have reached a proposed settlement for City Council consideration re- garding purchase of right-of-way from W. Gordon Smith Co. under the T.H. 169 upgrading project (I.C. 51-266). The attached drawing shows the location of the right-of-way takings. An official map showing the takings in detail is on file in the Engineering Dept. Richard A. Campbell & Associates completed an appraisal of the proposed I, takings and determined the value to be $175,000. A copy of selected portions of the appraisal report is attached. The acquisition involves taking of land, bulk oil storage tanks, pumps and a warehouse building plus slope easements. Mr. Jesse Schwartz, President of W. Gordon Smith Co., submitted a counter offer of $225,926, as documented in the attached letter dated April 11, 1975. Upon further negotiations, Mr. Schwartz has agreed to accept the sum of $193,500, which shall be compensation in full for the takings, including moving costs, subject to the following: 1. Owner shall remove the warehouse building and bulk oil plant not later than November 1, 1975. The City shall remove the concrete slab under the warehouse building. 2. The owner will be issued a building permit subject to conform- ance with all usual requirements of the Uniform Building Code and City Ordinances to construct and operate a bulk oil plant and warehouse at-7880 Wallace Road. 3. The City will vacate and turn back the unused right-of-way of West 78th St. adjacent to the southerly side of Lot 12, Auditor's Subdivision #335 not later than November 1, 1975. 4. Two access points with median crossovers permitting left turn movements to and from West 78th St. to Lot 12, Auditor's Sub- division #335 shall be maintained. It is recommended that the City Council approve purchase of the right-of-way from the W. Gordon Smigh Co. under I.C. 51-266, subject to the contents of this memorandum. CJJ:kh • RICYHARD A. c1;.1!!'liELL t4A1-SRA I.;ORTGAGEE LOAt'S t<LTIOK 6 tAC?' RESIDENCE PHONE: 881-6847 8609 LYNOALE AVENUE SOL'('r. BLOOMINGTON.MINNESOTA 55420 PHONE: 61 i/888-122 I March 31, 1975 Mr. Carl Julie, Village Engineer Village of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Partial Taking of W. Gordon Smith Co. Bulk Oil Plant Dear Mr. Julie: At your request an appraisal of the above referenced property, legally described as Lot 19, Auditors Subdivision No. 335, Hennepin County, Minnesota, is prepared for the purpose of estimating its market value of the partial taking. Based upon an inspection of the property and consideration of the many factors influencing market value it is our opinion that its value is: ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($175,000) The appraisal report is submitted. It contains a description of the property, a summary of significant factors affecting its market value, and a portion of the computations employed in arriving at the value estimate. The Appraiser's Definition of • Market Value, the Appraisers' Qualifications, and a Summary of Underlying Assumptions and Contingent Conditions are also in- cluded. This appraisal has been completed in conformance with the Pro- • fessional Ethics of the American Institute of Real Estate Appraisers. Information in this report was gathered from • sources believed reliable, but it is not guaranteed. It has been a pleasure to serve you and should you desire further assis- tance please call us. Cordia it yoursr, ��/ Ric and A.—CzTap ,_I,IAI; S • Robert H. Wiley, Akagiiiie Appraiser • RAC:RHW/nb • iAP 8 • • ' AL.lilt.,;!1,,•V 1271"-Nl ••• t r _ tom` ~ ` ^t • . _ -1,I -,.. ‘,1,:i-:, •.. -,,,:.- - , L.: 1 •-1.,. !.-i i - _._--:: • d---- • ,/t Q cq . .;f n. ..,,........ ---•- J.DENCc?HONE:66 i-O047 6605 LYNDA..Z A V cNUZ BLOOMINGTON.MINNZSOT. 55420 P'riOONE.: 612/838-1221 DESCRIPTION OF THE IMPROVEMENTS The tank farm consists of seven storage tanks with a total of 76,000 gallons of storage. The existing tanks were reconditioned in 1967; at this time two 17,000 gallon tanks were added to the farm. A new pump island was installed with 3 inch pipe and valves, filler pipes, and high volume pumps for a very efficient system. The electrical system was also rebuilt in 1967 with 125 amp service and two 30 amp auxiliary services to handle heavier demand necessary for the new improvements. The original warehouse's age is unknown and there have been additions and improvements over the recent past. The condition is good and it would be an economic structure for its intended use for many more years. The original building dimensions were 24 ft. by 30 ft. with • a partial second level storage area. A 28 ft. by 34 ft. addition was added in 1966 with a new roof cover on the entire structure. It has been painted every 2-3 years, which is reflected by the very good exterior condition of this building. • -8- (` • • • ..cSlucixC .PHONE:6oi-6&47 boGii LYiN:rALE BLOO..NGTON.MINN=SOTA 55420 P:iOi\E: 611& 6.1221 I • DESCRIPTION OF THE TAKING The taking will consist of all of the frontage of Lot 19, and all of the frontage along Highway No. 169. This taking will consume all of Lot 19 that is usable at the road elevation. . Immediately behind this taking there is a sharp elevation drop, making usage impossible without extensive fill being added. REPLACEMENT COST APPROACH The Cost Approach to value is the current cost to replace the existing property, as improved. This approach reflects current labor and material prices, plus normal overhead and profit. Accrued depreciation has been ascertained by physical depreciation of the property according to present age, con- dition and prospective future life, general utility, observed functional and economic obsolescence. The estimated cost of replacing the improvements on a unit-in- place method is taken from cost information in our files, local sources, and national cost information sources. The estimated cost of replacement by this method is indicated by this procedure. The estimated costs are estimated on the following pages. • • • —9- • • 6,11 • • • .. ............. .. ......�.�.... ............ bares LY\✓..:.c?�:Jtic: AV i.3i Go47 bL0,7N,Ml\G-0\.N.:?:\.-- - 55420 PHONE: 612JEu3-1221 REPLACEMENT COST APPROACH (Continued) • Buildina Cost Approach: 28' x 34' 952 Sq. Ft. 24' x 30' 720 Sq. Ft. Total 1672 Sq. Ft. 1,672 Sq. Ft. @ $5.50/Sq. Ft $ 9,192 Less 15% depreciation -1,379 Net $ 7,813 Overhead Storage: 10'x16' 160 Sq. Ft. 14'x24' 336 . Ft. Total • Z$6-Sq• Ft. 496 Sq. Ft. @ $2.50 Net S 1.240 ESTIMATED BUILDING VALUE $ 9,053 • ROUNDED TO READ $ 9,000 Tank Cost Approach: Tank Size Gallons Cost New 1 10' x 10' 6,000 $ 2,800 2 10' x 10' 6,000 2,800 3 11' x 14' 10,000 3,845 3,845 4 11' x 14' 10,000 5 11' x 24' 17,000 5,300 6 11' x 24' 17,000 5,300 7 10' x 17' 10.000 5 76,000 $27,735 Less 5% discount (volume • -1,386 sale) • Net Cost $26,349 -10- .=S:JENCE?r:ONE:&oi•wti7 0 .o_ Eio3M X�ai01.MINNZS0.r.5s.2C 2/00:.-7 22; • REPLACEMENT COST APPROACH (Continued) Tank Cost Approach: (Cont'd.) Net Cost (from previous page) $26,349 r— Pump island with high volume pumps and 3" piping, est. cost $10,000 Total $36,350 Less 25% Depreciation - 9,088 Total 527,262 Summation of Various Cost Approaches: Building Value $ 9,000 Bulk Plant. 27,262 Site Improvements 8.000 Total . .$ 44,262 Plus estimated land value 130.680 Total 5174,942 Indicated Value by Cost Approach (Rounded to Read): ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS $175,000 -11- ---- z—� ! THE V.P. G0130 1 st:m co. r "-- 8350 FLYING CLOUD DRIVE --3 EDEN PRAIRIE,MINNESOTA 55343 = 'L •941.3717 �. FUEL OIL SPECIALISTS • Over 35 Years In Eden Prairie — HIGH COMFORT. ..LOW COST HEATING Mr. Carl Jullie, City Engineer April 11, 1975 City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minn. 55343 Dear Mr. Jullie; • The following information is being submitted for your consideration, in regards to the taking of our property, warehouse and bulk plant. land @ $2.50 per sq. foot for 51,000 sq. ft. a $127,500 127,500 Warehouse $20.00 per sq. foot for 2,168 sq.ft.= $43,360 LESS 15% depreciation — b_ 434 Net Warehouse replacement $36,926 36,926 Bulk Plant $70,000 each $70,C00 LESS 25% depreciation —14.500 ! Net Bulk Plant replacement $55,500 55,500 Fuel remaining in tanks (Bulk Plant) $3,000 3,000 Moving & Re—organize $3,000 3'C00 Total $225.926 We feel this is a fair estimate and we have not attempted to compute the time involved transporting merchandise from one business location to the other nor have we figured the additional employee or employees needed to operate a facility seperated from our current location. Any additional information will be submitted prompiy, if requested. Sincerely yours " ., dense' .-- warts Q. I Pres. W. Gordon Smith Co• f uE! C):i S — GASOLINES — OILS — GREASES — BATTERIES — TIRES • • CPI • MEMO TO: Mayor Osterholt and Members of the City Council THROUGH: Roger Ulstad, City Manager " • FROM: Carl Jullie, City Engineer — DATE: June 19, 1975 !- SUBJECT: Right-Of-Way Purchase from Mr. Frank Pobuda I.C. 51-266 We have reached a proposed settlement for City Council consideration regard- ing purchase of right-of-way from Mr. Frank Pobuda under the T.H. 169 upgrading project (I.C. 51-266). The attached drawing shows the location of the right-of-way takings. An official map showing the takings in detail is on file in the Engineering Dept. office. • Richard A. Campbell and Associates completed an appraisal of the proposed taking and determined the value to be $5,600 for the garage structure, y. plus $1.50/sq. ft. for the permanent right-of-way taking (10,750 sq. ft.) for a total sum of $21,725. , • Mr. Pobuda has made a counter offer, claiming that the value of the garage and his land are in excess of that appraised based upon verbal offers from prospective purchasers over the past 1 to 2 years. Mr. Pobuda will accept the sum of $30,000 plus relocation of the garage structure on the remainder of the property. Due to the impact of the pending highway widening on The Pobuda residence and because some substantial trees on the Pobuda property must be removed and because the right-of-way taking represents almost 23♦ of the entire property, it is recommended that the City Council approve purchase of the right-of-way from Mr. Frank Pobuda under I.C. 51-266, for the sum of $30,000 plus relocation of the garage structure on the remainder of the property. CJJ/kh • • fd l REAL ESTATE AFFRAISAL RIC:HHARD A. CAMPBELL MAI-SRA MORTGAGE LOANS&BROKERAGE RESIDENCE PHONE:881-6847 8609 LYNDALE AVENUE SOUTH • BLOOMINGTON.MINNESOTA 55420 PHONE: 612/888-1221 • • March 19, 1975 _ Mr. Carl Julie, Village Engineer Village of Eden Prairie _ 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Partial Taking 8123 Eden Road Eden Prairie, Minnesota Dear Mr. Julie: At your request an appraisal of the above referenced property, legally described as Lot 16, Auditor's Subdivision No. 335, Hennepin County, Minnesota, is prepared for the purpose of estimating its market value of the partial taking. Based upon an inspection of the property and consideration of the many factors influencing market value it is our opinion its value is: FIVE THOUSAND SIX HUNDRED DOLLARS $5,600 PLUS LAND VALUE ( the size of the partial taking is unknown at this date. When it is known it shall be calculated at the rate of $1.50/Sq. Ft. and added to the above for the total estimated value. The appraisal report is submitted. It contains a description of the property, a summary of significant factors affecting its market value, and a portion of the computations employed in arriving at the value estimate. The Appraiser's Definition of Market Value, the Appraisers' Qualifications, and a Summary of Underlying Assumptions and Contingent Conditions are also included. This appraisal has been completed in conformance with the Profess- ional Ethics of the American Institute of Real Estate Appraisers. Information in this report was gathered from sources believed re- liable, but it is not guaranteed. It has been a pleasure to serve you and should you desire further assistance, please call us. Cordially yours, / _ y. R `.�-���ell MAI, SRPA Robert H. Wiley ociate Appraiser RAC:RHW/nb j 411 „...7.,' ..: .,,,,22.,:.,-.• • ','.'-',•., . - .• • ' ..—--- -,*4- .- - .'•-•-•' •-i • I.'', •• :Or • --- :-.)li -)51."4” • --f, ' ,---- . , 77‘74 •-- - ' t'.f..'!--71-71f1---T tz.:_ '"^"'""-7,:._ • .; :- 7 •:, :-::7-. . ; 4.-%,''. LT' " - • .. :-. ..,•• - t ... ., ) li, : _,.,.„..t_i7:ii . 'i'''•: --a.'Sk.::,---,----..,.; •----`-'-n-••=rt-,- I 4N;%-li-.....7.•fr:. • 1;::' ' :-. --'''. '-'':'''''"It.•".6.----7.---:- ;I ... - - ' ..... . -'''...."4");',7-;:iokkt;::•;--',:-,‘•••':',:'."•'!"!%iii,""."-- • '' '••••••-!"....-tL---•••"=-••••,-.-...;•' '.., ,,,..7-:••.-.:-.- — --'4‘4•••:•:*:..O...1,x.,,.....:...:,--,- -.• . • z.r31.:X3 •, 0...'. • -.;,.. ..,,11 • if?...,...—...-.4...:, ... - t---•-•,---- --•.el , •• -.i. •,....d,r.. -.........4r- h -* . .. - 4 /1' ,....-:„.::\ __-_ . ---::::::,‘. .-- .:,-t.- -,--7r a:1 --1- •1.......,..7,• ....____ ______... ...,.. ..„:„_....,.,,.,.•_,--, . i.- -, j ., : :: - ,__ _-_.:1,w,,,..__LI_, ,11. ..:. -g- --• . ,i,' , .. r 7-*i—i-1 ___.1 ____ , t -.- .•t --!.5 • i---A.-.1...1 ; 7 ti"..2. i A,, .i.;--r, li 1.1 L ii_. - -! 177 - .- -7--. '• - ' --, tii 4-•:-. ..-- __ -.... • 1..... •i . . . . .... • -. ,..:. : • _. ... 6i1 ..- .. . ...... 4*a-..............—..,--...—. . .., REAL ESTATE APPRAISAL RICHARD A. CAMPBELL MAI-SRA &CONSULTING SERVICE RESIDENCE PHONE:881 68d7 8609 LYNDALE AVENUE SOUTH BLOOMINGTON,MINNESOTA 55420 PHONE: 612/888-1221 • DESCRIPTION OF THE IMPROVEMENTS • The 1968 custom built double garage (plus storage area) is of wood frame construction, with a very good aluminum exterior covering. The roof is asphalt shingle covered. The monolithic concrete floor is free of any cracks, which is an indication of quality and good workmanship. There are two bays with fiberglass doors, opened by electric door openers, and also a hinged passage door. The roof support rafters and cross ties are of heavy duty lumber, for the purpose of additional storage over- head. The concrete apron at the front of the garage is irreg- ular shaped, with approximately 30 ft. of width at the South end, approximately 20 ft. width at the North, by 36 ft. long, for approximately 900 Sq. Ft. of area. • The frost-free footings are of unusual proportions be- • cause of the slope at the rear of the garage, along the highway. The northeasterly corner is reported to be 14 courses of blocks on top of a concrete footing. These • blocks are stepped up as the ground elevation levels off to the front of the garage. • • • -8- EsiA1E... _ RICHARD A. CAMPBELL MA1-SRA &CONSULTING SERVICE RESIDENCE PHONE:881.6847 8609 LYNDALE AVENUE SOUTH BLOOMINGTON.MINNESOTA 55420 PHONE: 612/888-1221 • DESCRIPTION OF THE TAKING As reported to us there will be approximately a 6 foot taking of land from this property, which will pass through the easterly end, or rear of the garage. It appears that there will have to be either a back slope or a retaining wall installed. These actions will make removal of the garage imparative. In our opinion this would be a total taking of both the land and the garage, with a salvage of the garage through resale action. The concrete apron in front of the garage will be mislocated so it is valued as a loss, without any salvage involved. • Cik\ -9- ,1GAL EST(.TE Hr', •, RICIIARD A. CAMPBELL MAI-SRA &CONSULTING SERVICE RESIDENCE PHONE:881-6847 8609 LYNDALE AVENUE SOUTH BLOOMINGTON,MINNESOTA 55420 PHONE: 612/888-1221 • REPLACEMENT COST APPROACH The Cost Approach to value is the current cost to replace the existing property, as improved. This approach reflects current labor and material prices, plus normal overhead and profit. 1 Accrued depreciation has been ascertained by physical deprec- iation of the property according to present age, condition and prospective future life, general utility, observed functional and economic obsolescence. The estimated cost of replacing the improvements on a unit-in- place method is taken from cost information in our files, local sources, and national cost information sources. The estimated cost of replacement by this method is indicated by this procedure. The estimated costs are as follows: Garage: 24' x 32' = 768 Sq. Ft. @ $5.75/Sq. Ft $4,416 Special frost-free footings 600 $5,016 Less Depreciation - 616 $4,400 Concrete Slab: 25' x 36' = 900 Sq. Ft. 0 $1.00/Sq. Ft. Net 900 . Two electric door openers, Net 300 Est. Value of Garage & Concrete Apron ..$5,600 Land: The size of the partial taking is unknown at this date. When it is known it shall be cal- culated at the rate of $1.50 per Sq. Ft. and added to the above Cost Approach for the est imated total value. -10- r _._....._ - -a'- June 24, 1975 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1006 RESOLUTION RECEIVING 100% PETITION, WAIVING THE PUBLIC HEARING, ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT STR 75-3-04 AND ORDERING A PUBLIC HEARING ON PROJECT STR 75-3-05 WHEREAS, it is proposed to make the following public improvements: PROJECT STR 75-3-04 Prepare a bituminous base, concrete curb and gutter and the final two inches of bituminous wearing course on Woodland • Drive from Edenvale Blvd. to Woodhill Trail, and Woodhill Trail from Woodland Drive to Edenvale Blvd., and Edenvale Blvd. from Woodhill Trail to a point approximately 400' southwest of Woodhill Trail. Also, the proposed project consists of bituminous paving and concrete curb and gutter on Woodland Drive from Woodhill Trail to approxi- mately 400' north. and, PROJECT STR 75-3-05 Final bituminous wearing course, concrete curb and gutter on Martin Drive from T.H. 5 to Mitchell Road, Commerce Way and Corporate Way. WHEREAS, Edenvale, Inc. has submitted a petition and is the owner of all real property proposed to be assessed under Project STR 75-3-04 and a public hearing therefore is not requiied per MSA 429.031 to im- plement said Project STR 75-3-04, and WHEREAS, the City Engineer, in a memorandum to the City Council, dated 6/20/75, has given an estimate of the project costs and has recom- mended that the projects are feasible, NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council, 1. Pursuant to MSA 429.011 to 429.101, Project STR 75-3-04 is hereby ordered. 2. A public hearing shall be held on August 5, 1975, at the regular.Eden Prairie Council meeting on Project STR 75-3-05. The City Clerk shall give proper mailed and published notice of said hearing as required by law. 6�3 • • Resolution No. 1006 - 2 - 3. The City Engineer, with the assistance of Suburban Eng. Co., Consulting Engineers, shall prepare plans and specifi- cations for Projects STR 75-3-04 and STR 75-3-05. ADOPTED by the City Council of the City of Eden Prairie on David W. Osterholt, Mayor ATTEST: SEAL John D. Prane Clerk • . it '.. .... ... ;...'. . ' � fI • • MEMO TO: Mayor Osterholt and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: JUNE 20, 1975 SUBJECT: Petition by Edenvale, Inc., for Completion of Streets in Their Northwest Area and Industrial Park Projects STR 75-3-04 and STR 75-3-05 Edenvale, Inc., has submitted the attached petitions and supportive data requesting the City to complete the following street improvement: Project STR 75-3-04 Prepare a bituminous base, concrete curb and gutter and the final two inches of bituminous wearing course on Woodland Drive from Edenvale Blvd. to Woodhill Trail, and Woodhill Trail from Woodland Drive to Edenvale Blvd., and Edenvale Blvd. from Woodhill Trail to a point approximately 400' southwest of Woodhill Trail. Also, the proposed project consists of bituminous paving and concrete curb and gutter on Woodland Drive from Woodhill Trail to approxi- mately 400' north. Total estimated cost of these improvements is $100,000. Parcels of property which Edenvale, Inc., has agreed to be assessed on an equal per acre basis (estimated rate of $620 per acre) are shown on the attached project location map (Edenvale 3rd Addition). All of these parcels are in the ownership of Edenvale, Inc. and none are tax delinquent. As noted on page 2 of Edenvale, Inc.'s letter of June 5, 1975, (copy attached) the City does have a bond in the amount of $16,005 which would apply to the proposed street improvements. Project STR 75-3-04 is feasible and will resu)t -in a benefit to the property proposed to be assessed. Since a 100t petition has been submitted, the City Council may waive the public hearing and order the improvement. Project STR 75-3-05 Final bituminous wearing course, concrete curb and gutter. on Martin Drive from T.H. 5 to Mitchell Road, Commerce Way and Corporate Way. The total estimated cost of these improvements is $135,000. Parcels of property (550.5 acres) which Edenvale, Inc. has agreed to be assessed on an equal per acre basis are shown on attached project location map (Edenvale Industrial Park). Benefits from the proposed improvements ,ester:ate Amos.* - 2 - on Martin Drive will als.., accrue to parcels 4392, 4870 and 4894 of Sec. 9. Accordingly, t:•_ petition submitted does not cover all of the benefitted properties and therefore a public hearing will be required if the Council desires to proceed with the improvement. Project STR 75-3-05 is feasible and will result in a benefit to the property proposed to be assesed. Recommendation It is recommended that the City Council proceed as follows: 1. Adopt a resolution receiving the.1008 petition from Edenvale, Inc. waiving the public hearing, ordering the improvement and preparation of plans and specifications on project STR 75-3-04. 2. Adopt a resolution receiving the petition from Edenvale, Inc. ordering preparation of plans and specifications and calling for a public hearing on August 5, 1975, on Project STR 75-3-05. 3. An assessment period of 3 years is recommended for the petitioned improvements. CJJjkh • rV e .` �.4 7766 Mitchell Road EDENVALE, INC. 14500-ValleyView-Rood-Eden Prairie,Minn.55343-Tel.612/941-5300 March 25, 1975 Mr. Carl Julie City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Mr. Julie, This letter is a petition to the City of Eden Prairie for the improvements of the following streets: Woodland Drive from Edenvale Boulevard to Woodhill Trail and Woodhill Trail from Woodland Drive to Edenvale Boulevard and Edenvale Boulevard from Woodhill Trail to a point approximately 400' east of Woodhill Trail. The improvements needed on these streets are patching of bituminous base course, constructing concrete curb and gutter and final two inches of bituminous wearing course. Also, the bituminous paving and base and concrete curb and gutter on Woodland Drive from Woodhill Trail north approximately 400' north. Edenvale, Inc. realizes the desireability that these streets be completed as soon as possible. These completed streets will be a benefit to the City of Eden Prairie and the residents using them and Edenvale. Unfortunately, it will be impossible for Edenvale, Inc. to complete these improvements • for an unforeseeable time until the development and sale of land accele- rates again. We wish to see these streets completed however, rather than waiting two or three years until we are able to complete them. • • • page 2 The engineering work on these projects has been completed by Suburban Engineering Company and bidding documents and specs are prepared. The only work required to proceed on these projects would be to substitute City of Eden Prairie documents for those prepared. Please forward this petition to the City Council for action as soon as possible. The assessment should be levied against all unsold parcels owned by Edenvale and not against those parcels already sold. Yours truly. EDENVALE, INC. f • onald R. Peterson President DRP/so 7766 Mitchell Road EDEN VALE, INC. 14.500-ValleyVearRoad-Eden Prairie,Minn.55343-Tel.612/941.5300 April 8, 1975 Mr. Carl Jullie City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Mr. Jullie, This letter is a petition to the City of Eden Prairie for improvement of the following streets:Martin Drive from THil5 to Mitchell Road, Commerce Way and Corporate Way. The improvements petitioned for on these streets are the final wearing bituminous course and concrete curb and gutter. Eden Land Corporation will be unable to complete these improvements within the immediately foreseeable future and we realize the need for these improvements and the potential benefits to the Eden Prairie businesses located in Edenvale Industrial Park, the community of Eden Prairie and Edenvale in completing these partially completed streets. The project has been designed by Suburban Engineering and plans and specifications are done. The contract would have to be put in City form but we anticipate that these documents could be modified in a very short time for City letting this been. The assessment for this could with levied regarding the parcel.s property tohbe assessed. ich has not been sold. I will be happy to meet Please forward this petition to the City Council for action as soon as possible. Yours truly, .Donald R. Peterson DRP/so • • t_S°� 7766 Mitchell Road a EIDEN VALE, INC. 1.4 -Vefer View-Road-FAen Prairie,Minn.55343-Tel 612/941-5300 April 17, 1975 Mr. Carl Jullie City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Mr. Jullie, This letter is to confirm the discussion which we had April 16th regarding the proposed assessments for street improvements in Edenvale. The following is my understanding of the preferred method of assessment to be used on the different projects: 1. Paving and concrete curb and gutter on the north part of Edenvale Boulevard, Woodhill Trail and Woodland Drive and Woodland Drive approximately 400' north of Woodhill. The project will be assessed against all of the unsold property in Edenvale 3rd Addition. Specifically this will be Outlots B, D. E, F, B, K, L, M, 0, P, Q, R, S and V. The total acreage to receive this assessment will be 161.2 acres. 2. The paving and concrete curb and gutter on Martin Drive, Commerce Way and Corporate Way will be levied on an acreage basis against the following unsold parcels in Edenvale Industrial Park. These parcels include the following lots: Lot 1, Block 2; Lot 4, Block 2; Lot 6, Block 2; Lot 7, Block 2; Outlot D, Outlot E, Outlot F, Outlot C, Outlot J, Outlot K. Lot 1, Block 4; Lot 2, Block 4; Lot 4, Block 4; Lot 5, Block 4; all in Edenvale Industrial Park; and Lot 2, Block 1 and Lot 3, Block 1, both in Edenvale Industrial Park 2nd Addition. This assessment will be levied against these lots which constitute an acreage of 56.9 acres. 4044 • • —2— It is understood that the improvements to be assessed benefit all of the _ property listed above. There is presently a mortgage on all of this land to Equitable Life Assurance Society of the United States. The assessment to be levied against this land will be placed ahead of this mortgage and therefore. will be protected by the mortgage which will be second to the assessment. I hope this will suffice to present the request for the projects to the City Council. Yours truly. EDENVALE, INC. raid E. Peterson DEP/so cc: Harlan Perbix, City Attorney �44 • 69 1 • .�.,;«,. . +s.,.M •-_ ter; t '6'.';':::./ :i7;2-1" 7766 Mitchell Road • EDEN V ALE, INC. 14500 alle7 Vices-Reed-Eden Prairie.Minn.55343-Tel.512/941-5300 June 5, 1975 • Mr. Carl Julie City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Mr. Julie, This letter is in response to our meeting of May 28th regarding our request for City contracts for street improvements.on streets in Edenvale Industrial Park and Edenvale Northwest area. . Enclosed is a copy of a letter written to you on April 17th summarizing the parcels to which these assessments should be levied. Also enclosed is a final plat of Edenvale 3rd Addition, a rapist of Outlot T, Edenvale 3rd Addition and Edenvale Industrial Park, showing these parcels and showing the streets to be improved shaded in yellow. It is our opinion that a portion of the final paving of Martin Drive should also be assessed against the properties lying west of Martin Drive which are not in Edenvale as their future access will most likely .be eliminated from TH#5 and will need to be taken from Martin Drive. In order to levy the proper assessments for benefitting properties for this project this work should be undertaken by the City as Edenvale has no power to levy assessments. A list of the bonds which have been issued to guarantee completion of these streets past certain parcels follows: • Lot 8, Block 2, and Outlot D, Edenvale Industrial Park •- a performance bond was issued by Integrity Mutual Insurance Company of Appleton, Wisconsin in favor of Chicago Title Insurance Company for the amount ountcof $27,000s� to guarantee the street improvement of Corporate Way, parcel. Outlot N, Edenvale 3rd Addition — a letter of credit was issued by Northwestern National Bank Southwest to First National Bank of St. Paul in the amount of $6,500.00 to guarantee the improvement of Woodland Drive adjacent to this project. G9 J • -2- Edenvale 7th Addition - a performance bond was issued by Integrity Mutual Insurance Company of Appleton, Wisconsin in the favor of the City of Eden Prairie in the amount of $16,005.00 for the completion of Woodland Drive and Woodhill Trail adjacent to this subdivision. A copy of a title binder issued by Chicago Title Insurance Company is enclosed. • A new binder which will be dated in early June will be issued soon and a copy of that binder will be furnished to you if you so desire. A copy of the duly recorded Mortgage in favor of Equitable Life Assurance Society of the United States which covers all of the land to be assessed is enclosed. Copies of the engineers estimates for these projects with the exception of 400 feet on Woodland Drive are enclosed. These estimates are dated 1973 and must be updated. A letter will be sent to you from Suburban Engineering Company clarifying the present status of contract documents and stating that work performed on plans and specifications for Edenvale has been paid for. 1 hope that this will furnish you with all of the information needed to present our request to the City Council. I can assure you that I am anxious as you and your maintenance people to see these projects completed and I feel that.this is the most expeditious way to accomplish this work. Yours truly, EDENVALE, INC.. `!Donald R. Peterson DRP/so • Enclosures • • • 693 G ('� ��Main Office 784.6ir5 lam llGvi^�..AN '6875 Highway No. 65 N. E. C3iC.1CT=P.Er'rtf '•Minneapolis. Minnesota 55432 !South Office 890-6510 Civil,Municipal&Environmental Engineering 11101 Cliff Road p Land Surveying•Land Planning•Soil Testing i Burnsville. Minnesota 55337_ June 18,1975 Ref: 73-274 & 73-279 City of Eden Prairie Department of Public Works 8950 County Road 4 Eden Prairie,MN 55343 Attn: Mr. Carl Julie Re: Paving Projects #7 & #8 Edenvale, Inc. Dear Carl: We have been contacted by Edenvale, Inc., regarding the services we have performed for them on the above subject projects. At the request of Eden- vale, Inc., we have prepared plans and specifications for Paving Projects #7 Northwest area roads and #8 Industrial Park. The plans and specifica- tions were complete and available to accomplish the construction during the 1974 construction season. Edenvale, Inc., has paid us for the majority of the fees invoiced for the projects. We would furnish the plans and specifications to the City of Eden Prairie, at no charge, however, we would add that the plans and specifications would require minor adjustments to satisfy criteria necessary for City letting of a contract. Additionally, we would recommend that an on site review of existing conditions be accomplished to verify conditions of the projects now as opposed to their condition when the plans were originally drafted. Some costs would be incur • - red to accomplish the review of conditions and adjustment to the plans and specifications. We have personnel available to make the adjustments and also have staff to accomplish field survey work and construction inspection. We would be pleased to provide copies of the plans and specifications in their current status and discuss the needed revisions as appropriate. l Please contact me to finalize a time when we can discuss these projects further. Very truly yours, SUBURBAN ENGINEERIN&,INC. Charles L. LLenthe,P.E. cc: Edenvale,Inc. • CLL/1h . n+two)4.4,Res tN. E.A.Rathbun.Res.9r a Cheeks L L.U..k 5.Erb. Jab.P.Dissm Rat Rant. ABM-1-awl RM.04 W.., E..w..,aq.Efts Wm K.Meyer,nu Eat 4 Ira K.Poke.ant lint Dank 18 W.A:7jh.RM•e"'a �— l , fc..:_,:. .____-_-:3, . _____js,- 1. �` o v:,:,,:i /-7-y : d i .._ ► �� -lim, / / .a ,„.:.E::„.:.:::::..: '' : i.� .:nt.v VSt`ANA . 71 i-.4:;.'''''': . / - .: • <.,lirtllK:19tia 0>,r -,",-7- ' In 1-___Inl,, : . .'' 1 10A\f ,t1 te. A. f L -— " EagthAll ' Aillill' 1\ , :-.•••,--... I / — ,,, °- \\*Al of-----is..-.2 _lc:; I 71. 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N\ I 1 e://:, -7 -_4C ...•3,; - -- • \\" ' A, • 1• _._ __ I ti • .4 • 63436 , e • \‘•6\ -7 e • MEMO TO: Mayor Osterholt and Members of the City Council THROUGH: Roger Ulstad FROM: Carl Jullie, City Engineer DATE: June 19, 1975 SUBJECT: Hustad Company Petition for Sewey Extension for Creekwood Estates 2nd Addition - Project SAN 75-1-08 Per the attached petition letter, the Hustad Co. has requested the exten- sion of a sanitary sewer line from an interceptor sewer located north of Purgatory Creek to approximately 130' south of the north line of Creek- wood Estates 2nd Addition. This proposed sewer line must cross property not owned by the Rusted Co. and the easement must be acquired from that property owner. Also, crossing of Purgatory Creek at this location poses some construction and environmental problems which can be better controlled under a city contract. As noted in the petition letter, the Hustad Co. agrees to a 100t assessment of the project cost against their property, described as Creekwood Estates 2nd Addition, otherwise described as Outlot 8, Creekwood Estates 1st Addi- tion. They have also agreed to an assessment period of three years. The total estimated cost for the project is $34,100. This amount could possibly be reduced by approximately $6,000 if piling foundations are not required. Project SAN 75-1-08 is feasible and will result in a benefit to the property proposed to be assessed. It is recommended that the City Council adopt a resolution receiving the 100 per cent petition, waiving the public improvement hearing, ordering the improvement and preparation of plans and specificaitons. CJJ/kh • June 24, 1975 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1007 RESOLUTION RECEIVING 100% PETITION WAIVING THE PUBLIC HEARING, ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT SAN 75-1-08. WHEREAS, a 100% petition has been received from the Hosted Co. requesting the following improvement: PROJECT SAN 75-1-08, lateral sanitary sewer extension from the interceptor sewer located north of Purgatory Creek to approximately 130 ft. south of the north line of Creekwood Estates 2nd Addition, also described as Outlot B, Creekwood Estates 1st Addition, and WHEREAS, said petitioner is the owner of all real property proposed to be assessed for the improvement and a public hearing therefore is not required per NSA 429.031, and WHEREAS, the City Engineer in a memorandum to the City Council, dated 6/19/75, has given an estimate of the project cost and has recom- mended that the project is feasible and will result in a benefit to the lots in Creekwood Estates 2nd Addition. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council, 1. Pursuant to RSA 429.011 to 429.101, Project SAN 75-1-08 is hereby ordered. 2. The City Engineer, with the assistance of McCombs-Knutson & Associates, Consulting Engineers, shall prepare plans and specifications for said improvement. ADOPTED by the City Council of the City of Eden Prairie on David W. Osterholt, Mayor ATTEST: • SPAT • John D. Frane, Clerk QQ r 9 0c dQv,'QopEaDR corpouc i Xi i June 19, 1975 Hon. Mayor Osterholt City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Mn. 55343 Subject: Petition for sanitary sewer extension for Creekwood Estates 2nd Addition Dear Mayor Osterholt: Hustad Development Corporation respectfully requests that the City of Eden Prairie undertake a public improvement project for construction of a gravity sanitary sewer line from existing north line of Creekwood Estates 2nd Addition. This sewer line will cross property not in our ownership. Also, environmental concerns relating to the Purgatory Creek Crossing might be more easily addressed under a city improvement project. Rusted Development Corporation, fee owners of Lots 1 through 4. Block 1, and Lots 1 through 15 of Block 2, Creekwood Estates 2nd Addition herein agrees to waive the public hearing for the petitioned improvement and further agrees to a 100a assessment of all project costs over a three year term against said lots. Sincerel ,al ace H. Busted President WHH/er cc: Eden Prairie City Council members • 12750 PIONEER TRAIL,EDEN PRAIRIE,MINNESOTA 55343 '612)941-4383 June' 24, 1975 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1009 A RESOLUTION APPROVING FINAL PLAT OF MILL CREEK 4TH ADDITION WHEREAS, the plat of Mill Creek 4th Addition has been submitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and regulations and requirements of the laws of the State of Minnesota and Ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE; A. Plat Approval Request for Mill Creek 4th Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated June 18, 1975. B. Variance is herein granted from City Ordinance No. 93, Sec. 8, Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deed and/or Registrar of Titles for their use as required by MSA 462.358, Subd. 3. D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approveal on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on David W. Osterholt, Mayor ATTEST; SEAL. John Frane, Clerk 10 r": T. . •: • CITY OF EDEN PRAIRIE Engineering Report on Final Plat TO: Mayor Osterholt and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer ';----- DATE: June 19, 1975 SUBJECT: Mill Creek 4th Addition PROPOSAL: Hosted Development Corporation is requesting Final Plat approval for Mill Creek 4th Addition. This addition consists of 15 townhouse units ranging from 3 to 5 units per cluster. This is a re-platting of Outlot E, Mill Creek 1st Addition located south of Pioneer Trail and west of Purgatory Creek. HISTORY: The Mill Creek PUD Resolution as approved by the City Council on March 27, 1973, per The Preliminary Plat was approved March 27, 1973, by the City Council through Resolution No. 669. Zoning to R.M. 6.5 was approved by the City Council April 10, 1973, per Ordinance No. 135. The Final Plat now submitted for approval conforms with the approved Preliminary Plat. • VARIANCES: A variance from City Ordinance No. 93, Sec. 8, Subd. 1, waiving the six month maximum time elapse between the approval date of the preliminary Plat and filing of the Final Plat will be necessary. UTILITIES AND STREETS: Sanitary sewer, watermain and storm sewer have been installed and approved within the development. Concrete curb and gutter and bituminous paving will be installed in accordance II with City standards. PARK DEDICATION: No public park or open space dedication is required under this platting. BONDING: The City will not be responsible for roadway maintena within the Plat. Therefore, no additional bonding will be required. RECOMMENDATION: Recommend approval of the Final Plat ofrtf MMiYlC Creek O4th Addition, subject to the contents of this rep:, f fee for engineering services in the amount of $450. CJJ/kh • • • • MEMO • TO: Mayor Osterholt and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Juliie, City Engineer DATE: June 18, 1975 SUBJECT: Change Order #2 - I.C. 51-264 The attached Change Order #2 for the Northeast area trunk sanitary sewer project is in response to the easement agreement reached after lengthy negations with the Condon Naegele Realty Co. for the easements required across their property under I.C. 51-264. The Condon Naegele Realty Co. agreed to allow the contractor to proceed with construction of the sewer lime and will sign the required permanent easements without compensation, subject to completion of the work proposed under Change Order #2 (see attached letter dated May 28, 1975). Some of the grading work proposed involves excavation within the right-of- way of Interstate 494. We have submitted an application to the Minnesota Highway Dept. for the permit to do this excavation work, but as yet have not received approval. If this permit cannot be secured, Condon Naegele will allow grading on other portions of their property to secure the necessary borrow material. The 52,475 cost to remove and replace the chain link fence along the freeway would then be saved. i Since the cost to the City of this change order will be commensurate te withi payments for other similar easements acquired under this p j recommended that the City Council approve Change Order #2, I.C. 51-264, CJJ/kh • • Lj BANISTER SHORT ELLIOTT HENDRICKSON AND ASSOCIATES CHANGE ORDER )ATE: June 9, 1975 LOCATION: Eden Prairie, Minnesota 7IIANGE ORDER NO. 2 OWNER: City of Eden Prairie —"ROJECT NO. City Impr. Contract #51-264 FILE NO.: 7173 Nature of Change escription and Cost: Extension of Temporary Road North of I-494 Clearing and Grubbing LUMP SUM $ 1,000.00 D-8 Dozer Rental w/operator 20 HRS @ $ 40.00/HR 800.00 IR @ 35.00 HR 2 800.00 Scraper Rental w/o orator 80 d S $ / > P P Aggregate Base Class 5 400 TONS @ $ 4.00/TON 1,600.00 30" CMP Culvert including 2 aprons 50 L.F. @ $ 22.00/L.F. 1,100.00 Remove Fz Replace chain link fence 900 L.F. @ $ 2.75/L.F. 2,475.00 Seeding 4 ACRES @ $290.00/ACRE 1,600.00 $10,935.00 • Is Cost Actual or Estimated? Quantity Estimated - Unit Prices Actual This authorizes Contractor to perform this work as part of Base Contract when signed by all parties. Recommended for Approval: Banister Short Elliott Hendrickson and Associates • By �r : /i. ?c a„ d Approved for Owner: Agreed to by Contractor: By BY Title By BARBAROSSA $ SONS Distribution • Contractor 2 Owner 1 Resident Engineer 1 St.Paul Office 1 Banister Short Elliott Hendrickson and Associates 2353 Rice Street Saint Paul, Minnesota 55113 . NAEGELE OUTDOOR ADVERTISING COMPANY OF THE TWIN CITIES,INC. 1700 WEST 78TH STREET,MINNEAPOLIS,MINNESOTA 55423/612-866 3381 May 28, 1975 Mr. Carl J. Jullie i City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Sanitary Sewer Easement Condon-Naegele Property 1 Dear Mr. Jullie: We received your letter of May 23, 1975 outlining a proposal of work to be done on the Condon-Naegele Property in lieu of a cash settlement for the taking of a permanent and temporary easement. rThe easements are to be in keeping with your drawings and spec- - I ifications. i The Condon-Naegele Realty will dedicate the "permanent easement" to the City. This dedication will be in keeping with your drawings and sketches. The dedicated area will be approximately one acre. It is our understanding that the 20' wide road bed will cross the ravine between the existing sign and the right of way of Highway 494. 4 t To summarize: Condon-Naegele Realty agrees to dedicate a permanent easement and a temporary easement which will cross their property to the City of Eden Prairie, Minnesota. Sincerely, H. A. Bartolome I Vice President ;I HAB:jmw - CC: Mr. R. O. Naegele, Jr. CC: Mr. R. F. Condon LI n a. - _ FEASIBILITY REPORT PROJECTS SAN 74-1-20 6 WTR 74-2-20 Utility Service for The Cove Subdivision Mayor Osterholt and Members of the City Council Through Roger Ulstad, City Manager GENERAL The purpose of this report is to present to the City Council an exami- nation of the feasibility of Projects SAN 74-1-20 and WTR 74-2-20 in terms of the nature and scope of the proposed construction, estimated total costs, assessment rates and scheduling data. This report was authorized by the City Council on June 10, 1975, per Resolution No. 1000. A public hearing on the improvements has been called for July 1, 1975. PROJECT DESCRIPTIONS Project SAN 74-1-20 involves the extension of 8" sanitary sewer laterals and appurtenances along Beach Road and Beach Circle in the Cove Subdivision, as shown on the attached project location map. Upon further review of the project site and discussions with some of the residents concerning soil conditions, we have revised our previously estimated costs for the sanitary sewer project. It now appears feasible • to move the sewer alignment closer to the homes on lots 14 through 17 of Block 1 so that poor soils along Beach Road can be avoided, thus reducing the need for piling foundations. The shift in alignment will also reduce the length of service pipe needed for these house con- nections. We now estimate the cost of the sanitary sewer project at $76,600. This amounts to $5,890 per lot, except those lots developed prior to June 22, 1971, will receive a $1,000 credit per the City's current special assess- ment policies. The attached preliminary assessment roll indicates the lots and amounts involved. Sewer service is not proposed for lots 18 and 19, Block 1, Block 2 and Lot 3, Block 3 because these lots are within the Bryant Lake Floodplain. • • • • 0 s v ,a • • - 2 - • • • i t • Project WTR 74-2-20 involves water lateral service for the same lots to be served with sanitary sewer. upon further consideration and review, it is recommended that Project WTR 74-2-20 should not be constructed at the present time because of the following: 1. It would be necessary to "dead end" the watermain until such time that trunk watermains are extended (est. 3-5 years) to the area. 2. The watermain could be included with a future trunk and lateral watermain project which could be large enough in scope to effect bid prices probably not higher than if the work were done at the present time together with the sewer project. 3. Future disruption of the neighborhood can be mini- mized if the future watermain is placed in the boulevard area and if residents-install the • copper water service pipe at the same time as the sewer house service is installed. 4. The residents have not reported any serious problems with their private well water systems. RECOMMENDATION fx Project SAN 74-1-20 is feasible and will result in a benefit to the properties proposed to be assessed. Construction of Project WTR 74-2-20 at the present time is premature. This project should be included for consideration with a future, larger trunk and lateral watermain improvement for the entire Cove addition and other properties in the general area. It is proposed to proceed with Project SAN 74-1-20 under the following schedule: June 24, 1975 Present feasibility report to the City Council. July 1, 1975 Hold public hearing, order improve- ment and preparation ofplans specifications. July 22, 1975 Council approves plans and speci- fications and orders advertisement for bids. • • iA • - 3 - • July 25, 1975 Mail ad for bids to Sun Newspaper and Construction Bulletin. Publish 7/31, 8/7 & 8/14 Aug. 22, 1975 Open Bids - Aug. 26, 1975 Award Contract Nov. 1, 1975 Construction complete October, 1976 Special assessment hearing 1977 First payments due with real estate taxes CJJ/kh • • • • • • • • • • 707 --- -- ---- -ate „,..--•:::-.. :-7.- :.•., :: • ., . ., , .. '- .•••- •.-'• '. I.C.. •,---r,-1—'2-7-1 ' • i . , ... • • . • SEV2i,•::,E. V•42,••••••_-_,2_":-.7-.1':7.-.:I.k-11;-1-!AL..i. - . • „„,---":%:'''• . - ••••• .:” . ...-.•=., \ Pert- 1 i;ta C.:coif' kr fib, • . ,•-.---•;----- f.,-• \.• • • - .t...-:•-•1•••..--• .. . , , .-. ••.-•:: \ .-.._ ...--...-N • ' ..• - -.• . '• -------- -. - 6 -'''''.;\ \ * 0 tor Po Bii ‘J;3.14.13.n -..\ \ .... .,.--:'-\.% t.-,...: •,... •;\ • •-• (`')-- -. =.T171C/-9Eli) ...-:!----- ••,, ...•,,,-..„... , ,.•-:-- *. '.... ;:!. \\ i . , .. e, , . • •c _.,_. -.:••\,--.*:: Q)3, ?. !•E•-,Z. / --',..: 0 •• ...- \*X .4,, '1;K`:* <2.` sc:;•‘.N -'N ...••-7;\•‘.,, N. .}.. ..• sNA,.....„..._ .,. .• .„, . . , ;:.\- ., :::•:-•-:•"..:7 7Pts./:-, --f: s,. . ‘,.,;,-.. I° ;.," - •-rs,::-L:.5.. A,>, ,--,:•.':-. .. . •;(7',4 , • ).• • 'AZ.' . • .-t•-• •- ----__- • <44 . . .• - -...________ .. -• , - ,. ' -,`•" .-.:-.-. ,.,..,•,::....-",.. *, . '- • ...:•- • !I• '';'•-•-,-- ,..C. ,.• s•-••.V-..: '•!, ...'::" '-'1.c:•-,.-j- /...1 ,•*: % •--•.-- . ‘ • •-,. . t -'.2.) -.:-..;(I - ' ••,'-----, iLkEtzwA), /.- - • , , / • • 0 --f:.?:-'• -:-•• .,-.- isn./ ' , " .. 0 • / •...• - ,..' :.i-•-..i . ,---•-•.--:,:-:": .7-2,...;.....,"---'----:1__ !:- / .1.-:. :. , ' '-.. . "'2*---f- --- '''".•,,T.:•--.....,:-:-.-.-----.-.--:-L._-,::, - --•. . • , . ;I,i .7.-"--..- -_ , a Es-\'\ . . .. . . , 1 ----... .,.:...,.... ..,44.1.a.j.... . ._......i,__64 1 ... • • ', '\ .:t., :.:.,•.:- -i is= ul •A ,,,, x ., /r.,-..--,..\\--.c_,.,;„, ... ..,_ , . •-A. , • - ,:.- 1- '. . 1., • - '.-` . .r.\ -.,! : •._ , ., .1 - •••2 -, •••• -: -----. -------- - ' I ••! — :, I, • *\, -:••.-. 9 •(.11Eit_inAl._•:) • -• 1 C . >.:•••.'" s• .,/ '..--- • • . k.:Ii • ti 11 : -?...Y.?:<- .. q .- t • .., •i '-:--.---:--- -"`" 1,7). ••-t- .--, 1 :, .. • -,,....'•_'--;-',1 -'-......,.,,:.:•, ---•------- -----:'i • ' • ,_-, I- i ! .:\ •:1-.J.•::-,-•-.' (s. •\ • I ! : ,-- _, R•CF-1SCI._.1 ) .' 1 .. \ V S-• 1! , 49 • \ 1 :•,. • - 1.-,....:1. i ; - \ '5' 1 t‘...\ . • ei.._...,, _____, -*. . I • A :". ..-... *M-1.'...,----------.7-, -2.• *•...-•,:',N,...:.i:.,...,.; r: •c\ .• _---,,.....:-.• - t •••• il - - "s'-S.;:--:'.'":7' i • ; :•\-1--- %.• • ... --,:-..-.e i •• • .• t. _,. ,-.. .. !, i .!•••••: _ .. __ :;...!•"-t • • , •-...., . • . .:1-;:",.-- f*.--1.; - i-%• V: ... , \ I.: , • , . . . ,'...,-.e..-.7 A•; • 4r I' :••.i: :- ' ,. . . -i...•.-1 • • ' -.• ' . .- •• . .. . • -,. . • • . Tiv . •_ . . , • ._.,;7-L.1,--4-..--•:-4-..'---------- -- - • PROJECT SAN 74-1-20 PRELIMINARY ASSESSMENT ROLL Property Owner per Sewer and water total estimated . Description 1974 tax statement Trunk Lateral assessment The Cove Previously Lot 7, Blk 1 Robert D. Kehs Assessed 4890* 4890 Lot 8, Blk 1 Roy W. Johnson 4890* 4890 Lot 9, Blk 1 Alvin J. Bren " 4890* 4890 Lot 10, Blk 1 Curtis D. Turner " 4890* 4890 ' Lot 11, Blk 1 Robert C. Fransen " 4890* 4890 Lot 12, Blk 1 James R. Mitchell " • 4890* 4890 Lot 13, Blk 1 Ted Vickerman " 4890* 4890 • Lot 14, Blk 1 Raymond Roettger „ 4890* 4890 Lot 15, Blk 1 Henry L. Marriott ' „ 4890* 4890 Lot 16, Blk 1 Martin Hellman " 4890* 4890 Lot 17, Blk 1 Alfred Harrison 4890* 4890 Lot 1, Blk 3 Thompson/Scroggins 520 5890 6410 Lot 2, Blk 3 Thompson/Scroggins 520 5890 6410 * Includes 25% credit ($1,000 maximum) for lots developed prior • to June 22, 1971, per City's Special Assessment Policies '7 i s,xrriik ; dr Rd. • • • • • MEMO TO: Planning Commission ' FROM: Dick Putnam, Planning Director DATE: June 9, 1975 SUBJECT: MCA PROCESS ALTERNATIVES •A. MCA. Planned Unit Development as separate zoning district within Crd. 135. 1. NI construction permitted with only MCA classification . Land must be zoned to specific special district. 2. AU parcels assessed for Ring Road would be placed in MCA district by rezoning action, for example;rural land to MCA District, Regional Commercial land to MCA District. B. MCA. AMENDMEAT-e more detailed plan for land within MCA district for the purpose of platting,percelization , general land use and site development. 1. The owner may petition the City through a standard rezoning process to grant preliminary and final platting -road locations consistent with the MCA District requirements. II 2. The owner should indicate general classifications of land use which describes the intended future use. 3. No building construction would be permitted with MCA AMEMDMENT classification. Grading, preliminary site development, roads, utility and landscaping work may begin with approval by staff departments of plans. C. MCA REZONING. This phase may be applied for from the MCA general zone or from the MCA AMENDMENT classification. The MCA RI:ZONING would classify parcels to specific land uses which clearly define the final development plans. This phase would specify building square footage, site plan arrangements(such as transportation, open space, urban coverage, etc.), parking standards&landscaping. { 1. Parcelization, platting, preliminary engineering plans and design development land use plans would be required. 2. Approval of the MCA REZONING phase would enable the owner/ developer to complete final plans for submission to the building and Design implementation Committee. If approved as consistent with the MCA nrzcNac Plans the Design Implementation Committee would forward the plans and recommendations to the Building Department for code review and building permit approval. • • X '1f� • Memo-MCA Process -2- June 9, 1975 D. MCA DESIGN IMPLEMENTATION CCMMITTEE . This committee is charged by the Council and Planning Commission with review of the Final Plans submitted for portions of previously approved MCA REZONING PLANS. • 1. The committee will review all Final Plan applications and compare the submitted Final Plan with the MCA REZONING PLAN approved by the • City. If the,Final Plan is in conformance (defined In text of ordinance), with the JvtCA REZONING PLAN than a report is written with the committee • findings and recommendations. If approved the Plan is forwarded to the Building Department for Building Permit review. 2. The committee make up would be ' I • -Planning &Zoning Commission Member -Planning Director -City Engineer -Park& Recreation Director -Citizen at large appointed by Council I .' 8. The committee would meet 2 or 3 times a month to consider the applioa- . bone and would utilize city staff departments for technical assistance. 4. The committee would elect its chairman and would approve development _ applications by a majority vote of members present. ` S. A report of the committee findings would be submitted to the Planning Commission for their information and to project files in the Planning end Building Departments. 6. If the committee finds a project significantly different from the submitted MCA REZONING PLAN,&the rerpest is denied the applicant may petition the Council for a MCA REZONING of the previously approved plan. • _ The applicant would follow the normal approved process of a MCA REZONING. • DP/jme ' ." _,__'t "•`:: MEMORANDUM TO: Mayor and Members of the City Council FROM: Marty Jessen, Director of Community Services M.37 SUBJECT: Request to secure appraisal on the Miller Brothers property at Mitchell Lake DATE: June 18, 1975 At the June 16th Parks, Recreation, and Natural Resources Commission meeting, the Commission unanimously voted to recommend to the City Counoil that inasmuch as the Mitchell/Riley Lake Park Study suggests the acquisition of land at Mitchell Lake for community park use, that an appraisal be secured for the property owned by the Miller Brothers so that the City may enter into negotiations to secure an agreement to acquire this property. MJ:jp • �t ! • _ .%trip �. ._ - _. MEMORANDUM TO: Mayor and Members of the City Council FROM: Marty Jessen, Director of Community Services SUBJECT: Schaitberger Option -DATE: June 18, 1975 At the June 10th Council meeting, the Council voted to take an option to acquire the Schaitberger property at Riley Lake. During the discussion on this matter we inadvertently omitted mention of the fact that the Schaitberger's desire a 6% interest on the unpaid balance, as opposed to 5% as stated on the original option agreement. All other terms of the option agreement are as previously stated. A copy of the revised option and lease agreement is attached for your review. MJ:1p • - -- 'r MEMORANDUM TO: Mayor and Members of the City Council FROM: Marty lessen, Director of Community Services /N.'6' SUBJECT: 1976 Grant Application for Federal LAWCON and State Natural Resources Funds FATE: June 18, 1975 At the June 16th, 1975, Parks, Recreation, and Natural Resources Commission meeting, the Commission unanimously moved.to recommend that a 1976 IAWCON and Natural Resources Grant Application be filed to include the following parcels: Park Site Parcel No. Owner Acreage Estimated Cost Riley Lake 4460 Schaitberger 9.07 $ 115,000.00 Bryant Lake 8 Bren 31.88 $ 210,000.00 Staring Lake 9 Grill 26.81 $ 213,000.00 Attached for your review is a copy of the June 13th memo to the Parks, Recreation, and Natural Resources Commission,upon which their recommendation was based. MJ:jp Enc. 110. MEMORANDUM TO: Parks,, Recreation, and Natural Resources Commission • FROM: Marty lessen, Director of Community Services , SUBJECT:1976 Grant Application for Federal LAWCON and State Natural Resources Funds DATE: June 13, 1975 We have been notified that preliminary applications for 1976 Grants are due by July 18, 1975. Final applications will be due January 9, 1976. Metropolitan area local units of government will be eligible for the following Grant amounts: LAWCON Funding $ 750,000.00 State Natural Resources $ 900,000.00 In 1975, the City received $75,150.00 in LAWCON fund assistance for acquisition at Staring Lake. An additional $37,575.00 will be forthcoming from the State Natural Resources funds. The City Council has directed the staff to communicate with the State Planning Agency to transfer LAWCON funding from Parcel 1 at Bryant Lake to Parcel 7. The Council has also indicated interest in acquiring Parcel 8 at the Bryant Lake park site. I would suggest that our 1976 grant application for LAWCON and Natural Resources funds include the following parcels: Park Site Parcel No. Owner Acreage Estimated Cost Riley Lake 4960 Schaitberger 9.07 $ 115,000.00 Bryant Lake 8 Bren 31.88 $ 210,000.00 Staring Lake 9 Grill 26.81 $ 213,000.00 A variety of information is required in the preliminary application, including project description, maps, relationship to City and Metropolitan Open Space plans and Metropolitan Council's clearinghouse review. In order to meet the July 18th deadline,this process must begin immediately. TO: Parks, Recreation,and Natural June 13, 1975 Reources Commission RECOMMENDATION I would suggest that the Park & Recreation Commission recommend to the City Council that a preliminary LAWCON and Natural Resources application for 1976 funds be filed to include the 3 parcels listed above. MJap • .-.1.::•., ... ...---,, .1•::' . z • • Ilk. ...: .. " . . „ . . t i r.-.I 1 t•-' t t :• • . . . . , • .1.. ,- ,.., r ,,,,,,liZZEECtitrIZMiltil Pi, , prIl .. 1 _ :• I' • I i .. 1. J 1 nvtl, r,t• 3/z2s cciu .,5 0 jig-. it r qa . 1 .... - ;l: hil#1,,,,,,, ,. , • '; .. \\\A 1 \ .8\cedlund \ ti IrZild,,, t I,' '•\\24.1.T.X9 , ij Utteivalif g45xie.S. 1 Ni'kt, kth="ts.,..Ce‘ lit-tingtot) 5reS ‹): 0 L_ 1 .rkiro .4arsesc 4L\ ir kirtland,58,Cr8S i 4i,gb -iblicirlS.7does ,.. I • 41 .., 71 i :if L, schaif e9e1-•.'9.,07.3iits - R§gal •Of I I 5sbli .23._... , . --ESeriiii6 40aCreS 47---%1Z.----`611701diriss.aimes ; --"'---11111.45xre6 axle. tit 4' "09 ,...tt 41, ,.. • . . I,- ' 041(C'an 2 -. ic i _. -.!..1,4.1., . ...• , -..,1 -\ .5, • ri•-•977-T--77,-,1,-.1.-.1.-:.--. y•-,.../ ! I H 1 1 r I l i,/1/ I 1 4 U41,11 .illb 17-41 ; , i • f. F. t --.......,, ' • .•., . . U) . •h 1 • I . 1 t r . 1 co {—L . CO • •P.... i y� /LU ; V/ n'+ i elr *CZ CL 1 1..N • LLI W J: U' LLI .- CC Q a° Q .�.I CI '' FS ex t'' C f i r,- ... ..'2.-..... `,'i•' • , .... . . . . ...... ( 1 ,. . , , ,,........i. , , . . . . . . . 'V ; •• . •• ., /o ' I .1' • ,3 ' "" • .,., k‘, - - •' ; • . rOrtp . .,) r 0 • o tom. parcel 3 . "AVM. V15‘414st-MAi—_— .....--*--. \ ..- .. . i i ; I. , . . • 73.---11;14"r?'"--.- 9 I ' / 1 ,-- .'.-:' V.': '.--:' • — NS... ., . ... *ss, .._ , ... s.s. . . , .. 1 \ \ \, '' , , \''.., •I‘ t,.., •r. 44$S,' I . . .. parcel ..\ .It.,. • . . 404,,%-t114n$K. .4., . .. : N ( . i . . - • N '''' ... ^ i—_ .. . -. <9 t ..' panel S ‘,„ ..,., "9 . part*.6 • • x ' • ( posc.e.1 i i•. ',.. \ . e\ 1 • .. , ...• . . • - ' 1. ( f . • • 0 0 0 .i S rairc.e.1 t., \•.‘,. 0 . . .. ,< , . ‘ (I \A • , 3 ',:3._ ,\ .. ..., • / . _.... '• • \ 4- ..... .. • . . - ' BRYANT LAKE PARK T • p...... •-•• - VILLAGE OF EDEN PRAIRIE H .....,.... 121 .. _ . . - .. ____,......_ _..., MEMORANDUM TO: Mayor and Members of the City Council FROM: Marty lessen, Director of Community Services SUBJECT: Status of Picnic Pavilion DATE: June 18, 1975 Over the period of the last six weeks or so the Parks, Recreation, and Natural Resources Commission and Lions Club have been reviewing concepts for the picnic pavilion at Round Lake Park. Mr. Ovick, the architect who was employed for this purpose, has provided information on a variety of building types and alternatives. At the June lfith, I975, Parks, Recreation, and Natural Resources Commission meeting, the Commission moved unanimously to recommend that the Council accept the concept for a picnic pavilion as presented by the architect for post and beam construction with a pyramid type roof, concrete slab, a steel hood type fireplace,and electrical service; designed to meet the low end of the budget range which the architect has developed, and as an alternate to the bid document that panels for additional sun cover and exposure be included. Mr. Ovick will be at the meeting on June 24th to present the work done to-date. u Appropriate action would be authorization to proceed with construction specifications and bid documents and to advertise for bids. • MJ:ip • /21 • • • • • * Y • • • • • AGENDA • . TO: City Council and • Parks and Recreation Commission • FROM: Jack Ovick DATE: 24 June 1975 Meeting • SUBJECT: Round Lake Park Shelter Program Meeting • • • 1. Past Meetings • • • 2. Type of Structure Chosen ' • \ •0 . • • 3. Design Development '. . • t . • • 4. Budget ' • 5. Time Schedule 6. Construction/Bid Procedure 7. Bert Beating• c • . . . • • • • • • • • • architectural offices • i_ 4941 south 1rsincc avenge {gay • inInneapulis. a►fuue-i:ota phoned : 020•6pan • •. -...r:YL.. '.a}YIYw.�,..2_..:�=. �! _3•�J AFC"_':'.: 1 PROJECT SCOPE A pavilion for picnic and related activities. The main structure will be a sun cover for picnic tables with a hard surfaoe floor for dancing, etc. The sun cover could also act as oover for band concerts and plays. The limited I, interior seating would place the majority of the viewers on the lawn outside of the sun cover. This structure will act as a focal point for the park and should be designed with this in mind. Kitchen, toilets, and storage are designed for future to service the beach, tennis courts, and parking for athlevio fields. • PROJECT REQUIREMENTS SPACE OR ITEM ' FLOOR AREA 1. Sun cover for picnic tables (1,500 sq. ft.) • N/A (inoluding fire hood/place) 2. Hard surface floor for tables 1,100 sq. ft. and danoing - 3. Concession stand • 108 sq. ft. • 4. Storage 72 sq. ft. 5. Mena toilet 100 sq. ft. i. 6. Women toilet 100 sq. ft. 0RAFD TOTAL 1,500 sq. ft. • MOTION BY PARKS AND RECREATION COMMITTEE 16 June 1975 To approve and send to the Council the following structures Post and beam truss structure with pyramid wood shingle roof, concrete slab, open metal fireplace, minimum electrical, no mechanical, plumbing or heating at this time. With an alternate cost to add panels to close the structure,-for the least cost (S13,000 - $15,0O0). • • • l;'q� , architectural• offices • • i�� 4041 south franca avenue ly�y minnoapolis. uainnesota - phone : 020.5588 7,2411 :.6641© 1,. 01 • A - ..- I ,,. .:„ . • ••;,..: AO • _ 1 1 'AI ' , ,, ,, 1 • ,talt,ti / tt I -*", //4„ d — 7— , • - ..-....... rmii 4. ' VA ' , • :',0`11111 yoli '' , I.: . I.,/ 'r., - tSz i i / 1 ., • . .0-r---.F1 '--""—. . 17_,_,ixil .4.r . •r 1 :so ik 1— . p—e•V.1 4,. d . ,4,404.1. ii4.1 (..:: .—,---....—v.t., 7 f4,eft • - XkIN/4. Ir. 11 v i • tkal I ''..wi 1 1t\It' \XI I 1111741111 1 g . . . . 3 V*\04.11 1.4 ... . • II il III .* • , . . : . . ..,. . . ,414di1/4,?.,.,,... tii 1 • 410-r \kg)k0.44'r - 1: • . ,,..,f If ,.,. . ,.• . _ . . . . . . . . • . .. .: • . _.z.., . . .. ..._." 5 . rim /Irk 074 1 ir iiir...... , \7. . II t --1 I A-3 - 1 ifskip ilvik;, Irk . . -.1 I - % Nitist*IttA 4.1A / i "" A, \. V 1.- i Aos•V #4 A ' - - 44:Sf$4 VV4 1:4 i *øs 4t �� 4 ' .. vt.10:4** t . ,-_.4 .ip,11/41,„ 10.04 qi \ ' :, • .. .. : xa, Irim, ift, ,,,Lii. , 0.47 4 T .t.el Va if IA.* dr' "/ , :3: r I OW IP .t*r , .'" -VI i****,\\ \ . *.. • tek , , .--17-: '1`,..• -4744 pp/ A \ 7,-. . A-Akt.,1140.1/ii, , , -,„. 1-- en r. , ,s te. „ r , ,, ..... ... ,,.__ ,_ ,,,,,, _ ,... 4 ,. . 4,— ;Vt.-1r e,t, kir/ ..• •• i/ lik *VA.:"`. .,,'F- Vit. , . . vt, -:vtii, sva. .- 77wvili • , ,4 • ... — ,_ , . 1 -,,,......_ i i ir re ikk\J . " _v.:47- 17.1. Iti:6 __,ir._' :ik. .b Wiiirr . I� �\ -7 , � �I ss s� ' 1RI 1 ;: J7 ) • 4 BUDGET BUDGET BUDGET CONTRACT OR ITEM ESTIMATE RANGE THIS SPRING I. Sun Covers Light open area, covered 8,000 to 12,000 9,OD0 to 9,9D0 roof structure, with minimum lights and power 2. Hard surface dance floor: Coma. 1,500 to 2,500 1500 to 2,000 3. Toile t/Kitohen/Storage including roof, 3,000 to 5.000 -0` walls, footings, foundation (no cone. slab, doors, frames, equipment, or eleot, mechanical, plumbing or ventilation) 4. Electrical service, power and lighting - 12.000 to 16.000 0 Mechanical plumbing and kitchen/toilet • ventilation-Pour cone. slabs and seal 5. Fireplace/hood for Bar-B-Q and campfire ‘41.22Eto 5.000 1,000,to 1,500 activities 6. Kitchen equipment 3,000 to 6,000 0 7. Fees and contingency 1.500 to 2.000 1,500 to 2,000 TOTAL BID 30,000 - 48,500 13,000 - 15,E ITEMS BY CITY 1. Grading, rough and finished (no cost to project) 2. Sod seed and planting (material only) , 3. Walkways (material only) • 4. Painting (material only) 5. Signage, Graphics • • �lq+� architectural offices r r,.;7 4041 south franca avenue aiinneapoliss,niinnosota phone : ono-soon 777 .5&410 • ....'-:.- ' . . . • 1 . - I • • i. z • , , 5 TIME SCHEDULE • 1 June 1975 (original) ' 24 June 1975 (Increase dates • by 3 weeks) , • . • J., •April May June July August September ... 112 '1314 112131 , 1 2 3 4 1 12 3 4 1 2 _3 4 15 1, 2 3 4 , • PROGRAM Pinall, , . . PRELIMINAR336 1, ,.. ... • • . • . . . ISSIG11 - • DIE/ELOPME1IT • V L ' -. •- Approval I CONSTRUCT1t111 - DOCUMENTS , .-..' ., • Deourogurts Coar1ete4 - " BIDDING/ • P - AWARDING _ • , .. _ ' , CONSTRUCTION - , , ......1.6mapi • ' OCCUPANCY • . L ,,,,..„....„...„., .•$i'' . . •.1 - . • : • . . t • -- I'• ' '•. - ... ' • • • -i--- . • • .1:' • ,., • ‘, architectural offices • • 4941 south franca avenue . \ (9•10 • ntinnoupolis,minnesota 1. ,, phone : 920.Li S•fili .721i . :.56410 . -4--- - - -- - '-'• ".•:-.1-•-- --.;., ••'•••2..*--...,,..-,:-- `-••••...1",,_,_-"".•...1.in,....,.-.'-'- •,•-'''-H__ ..---..-7_,..-..,27.•22:1_ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1004 A RESOLUTION DESIGNATING THE PUBLIC SAFETY DIRECTOR AS APPLICANT FOR REIMBURSEMENT FOR BASIC TRAINING OF PEACE OFFICERS BE IT RESOLVED, that the Public Safety Director is designated as the applicant to apply for reimbursement for the basic training of peace officers. Reimbursement funds will be paid to the City Treasurer of the City of Eden Prairie by the State of Minnesota. ADOPTED by the City Council this day of June, 1975. 1 • David W. Osterholt, Mayor SEAL ATTEST: • John 0. Frane, Clerk .. =�biwi F _ - TO: Roger Ulstad, City Manager FROM: John D. Frane, Finance Director DATE: June 20, 1975 RE: Vouchers #6957. Frontier Lumber, Baracades $32.00, cases for tools and equipment carried in P.S. cars $68.00, Street sign installation supplies $47.00 #7042 Hoffman Bros., Estimate #13, This project is 98% complete. 2% is being retained. #7043 Barbarossa, Estimate #6 on the Bryant Lake Trunk Sewer which is 41% complete. #7044 American Contracting, Estimate #7 on the County #1 & Franlo area project which is 95% complete. 2% is being retained. #7045 Horthdale, Estimate #3 on the Lochanburn area project which is 48% complete. • 1S June 20, 1975 STATE OF MINNESOTA • CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 6738 Void out check (4.00) 6908 Void out check (264.68) 6933 BELINDA VEE SECRETARIAL SERV. May services 119.00 6934 AMERICAN PUBLIC WORKS ASSOC. Membership in APWA 40.00 _06-10-75 6935 ELIZABETH JOHNSON May services 212.69 6936 ROGER ULSTAD June expenses 100.00 06-11-75 6937 MINNESOTA WHITE TRUCKS Dodge pickup truck 5,268.00 06-13-75 6938 DOEPKE BUILDING MOVERS Return of deposit 500.00 06-17-75 6939 PUBLIC EMPLOYEES RETIREMENT Employees withheld and ASSOC. employer contribution 6-13 3,405.08 6940 UNITED WAY Withheld contributions 6-13 61.27 6941 FEDERAL RESERVE BANK Withheld federal taxes 6-13 3,665.15 06-18-75 6942 BILL SCHIFSKY ENTERPRISES Trailer frame for mobile playground-Park dept. 225.00 06-20-75 6943 AMERICAN NATIONAL BANK Interest on bonds 47,989.68 6944 MICHAEL ALLMAN Easement 50.00 6945 AWARDS, INC. Trophies-Community Services 94.69 6946 ASTLEFORD EQUIPMENT CO. Equipment parts 34.79 6947 BATTERY WAREHOUSE SERV. Equipment parts 127.73 6948 B & C FLOOR COVERING Equipment parts 35.75 6949 BRYAN ROCK PRODUCTS Lime for parks 736.08 6950 BARR ENGINEERING CO. Services-Neill Lake drainage 1,188.09 6951 BRAUN ENGINEERING Soil borings-Scenic Hgts. upgrading 195.00 • 6952 BLUE CROSS & BLUE SHIELD Employees insurance-May & June 3,220.64 6953 COPY EQUIPMENT, INC. Supplies-Engineering dept. 5.08 6954 COLT INDUSTRIES Pump motor-Water dept. 76.80 6955 DALE OFFICE MACHINES Cash register-for concessions 648.80 6956 DORHOLT PRINTING Services-Various depts. 146.79 6957 FRONTIER LUMBER Maintenance supplies 147.45 6958 EDEN PRAIRIE SCHOOLS Postage for Spring Recreation brochure 25.00 6959 FIRESIDE OFFICE SUPPLY Office supplies 4.35 6960 FREEWAY HARLEY-DAVIDSON Windshield for motorcycle 42.30 6961 ROBERT FLINT Employment test evaluation-Nolte 30.00 6962 PAUL FOSS PRINTING Services-Folders & ticket appli- cations-Community Services 654.00 6963 GMC TRUCK Radiator repair 18.75 • 6964 W GORDON SMITH CO. Fuel 663.80 6965 GOODALL RUBBER CO. Traffic counter tubing 57.50 6966 VOID CHECK I; 6967 GROUP HEALTH PLAN Employees insurance 581.52 6968 HENRY GESS WELL CO. New pump at Round Lake Park 431.76 6969 NOEL'S, INC. Tuneup motorcycle 37.55 6970 JOYCE HOLTE Services-Life guard 28.88 6971 ERNEST HONE JR. For damage to bean crop per easement agreement 1,092.00 6972 HOPKINS INSURANCE AGENCY Workmens comp insurance 2,047.00 6973 SANDY HALVERSON Bellydancing instruction 16O.00 6974 ELAINE HUSSMAN Yoga instructions 83.20 ' 6975 HUDSON MAP CO. Street atlas-Public safety dept. 12.90 m _ . June 20, 1975 • 06-20-75 6976 RICHARD HOLLOWAY Health inspection services for April-May 320.00 6977 HOGLUND MECHANICAL Refund on water permit and purchase of meter 79.50 6978 HOPKINS TILE Supplies-Equipment repair 4.95 6979 JACK HACKING Expenses 26.70 6980 HENNEPIN COUNTY Supplies-Public works dept. 189.87 6981 HENNEPIN COUNTY Prints-Engineering dept. 10.00 6982 IACP Conference registration-Hacking 40.00 6983 INTERNATIONAL ASSOC. OF CHIEFS OF POLICE Law enforcement directory 10.25 6984 INTERNATIONAL UNION OF OPERATING ENGR. Dues withheld in June 56.00 6985 INTERNATIONAL CITY MANAGEMENT ASSOC. Dues-Roger Ulstad 137.00 6986 ITASCA EQUIPMENT CO. Equipment parts 3.60 6987 TOM JOHNSON Tennis instructions 120.00 6988 JOHNSON DUST COATING Oil for streets 2,811.00 6989 KENNETH KUHNLY Wireing of console in P.S..car 57.00 6990 KRAMER'S Supplies 422.04 6991 KELLY SERVICES Kelly girl for planning dept. 235.20 6992 JAMES LATTERMER Refund of deposit on bid for house 1,000.00 6993 LOCAL GOVERNMENT INFORMATION SYSTEMS ASSOC. Services 974.17 6994 LEEF BROS. Laundry of rugs 86.45 6995 JOAN MEYERS June services 60.00 6996 WILLIAM BYE June services 60.00 6997 M M INDUSTRIES, INC. Car wash soap 64.45 6998 MILLER DAVIS CO. Forms-Assessing dept. 19.00 6999 MURPHY PLUMBING Copper pipe-Water dept. 20.45 7000 METROPOLITAN ANIMAL PATROL May services 507.75 7001 MODERN TIRE CO. Services-Equipment Maint. 292.45 7002 METRO PRINTING, INC. Printing-Envelopes & Newsletter 305.00 7003 MIDWEST ASPHALT CORP. Asphalt 74.03 7004 MINNESOTA FIRE, INC. Supplies-Fire dept. 152.02 7005 MOTOR PARTS SERVICES Equipment parts 18.12 7006 MIDLAND PRODUCTS CO. Popcorn supplies-Concessions 80.05 7007 METROPOLITAN FIRE EXTIN. Recharge extinguishers 26.75 7008 MEDICAL OXYGEN Oxygen-Fire dept. 23.00 7009 MINNEGASCO Services 260.09 7010 NORTHWESTERN BELL Services 1,297.99 7011 NORTHERN STATES POWER Services 1,937.54 7012 OFFICE OF LOCAL & URBAN AFFAIRS Workshop fee - Marty Jessen 10.00 7013 SIDNEY PAULY June services 60.00 7014 WOLFGANG PENZEL June services 60.00 7015 PEPSI-COLA Employees pop 43.25 7016 R. C. PRINTING CO. Employee ID cards 1.00 7017 ROLL TANK CO. Painting fuel tanks 6.00 7018 RIEKE-CARROLL-MULLER ASSOC. Services-Lochanburn area 9,484.54 7019 ROOT-O-MATIC SEWER Cleaning sewer lines 150.50 7020 ST. REGIS PAPER CO. Snowfence-Round Lake Beach 590.62 7021 SHAKOPEE SPORTS CENTER Boat bailer 2.35 7022 LOWELL THONE Expenses 21.96 7023 WILLIAM & BLYTHA TALALLA Damages per easement agreement 100.00 7024 CAROL TAYLOR Macramae instructions 55.55 7025 UNIVERSITY OF MINN. Film rental-Fire dept. 7.2a 13z June 20, 1975 06-20-75 7026 VIKING INDUSTRIAL CENTER First aid supplies-Fire dept. 153.00 7027 UNIFORMS UNLIMITED Uniforms-Police & Fire dept. 328.20 7028 UNIFORMS UNLIMITED Uniforms-Police reserve 81.20 7029 ' MIKE DIEDE Refund of overpayment on swimming fees 2.00 7030 KELLEY WHALEN Refund for swimming fees 6.00 7031 KATHLEEN WHALEN Refund for swimming fees 6.00 7032 STEVE GAMM Refund for Golf Green fees 2.00 7033 NANCY RANNOW Refund for Cheerleading program 27.00 7034 CAROL QUANBECK Refund for tennis fees 8.00 7035 MELISSA GRANNES Refund for summer fun program 10.00 7036 JOHN LYNGDAL Refund for tennis fees 8.00 7037 BRENDA NICKOLAI Refund for Tiny Tots 5.00 1 7038 MELINDA SMITH Refund for English Horseback Riding 24.00 7039 AMY JARVELA Refund for Tiny Tots 5.00 7040 VINCENT NASTINGS Refund for Summer fun program 10.00 7041 TOM JOHNSON Services-Tennis instructions 40.00 7042 HOFFMAN BROTHERS Services-Neill Lake drainage 44,323.46 7043 BARBAROSSA & SONS Services-Bryant Lake Swr. 122,903.59 7044 AMERICAN CONTRACTING CORP. Services-Cty#1 water & sewer 45,335.71 7045 NORTHDALE CONSTRUCTION Services-Lochanburn area 97,118.04 7046 BANISTER SHORT ELLIOTT HENDRICKSON & ASSOC. Services-Bryant Lake sewer 6,400.28 7047 NORTH AMERICAN LIFE CO. Employees insurance 268.28 7048 DAVID OSTERHOLT June services 75.32 7049 FEED-RITE CONTROLS, INC. Polyphosphate- Water dept. 234.00 7050 HENNEPIN COUNTY Taxes on P. P. Heppes property per contract 6.31 7051 NORTHWESTERN NATIONAL BANK Interest on bonds 17,200.90 - 7052 AMERICAN NATIONAL BANK Interest on bonds 64,510.88 TOTAL 495,463.04 t : CLERK'S LICENSE APPLICATION LIST • June 24, 1975 0/'/P.P. CONTRACTOR (1 & 2 Family) CLUB LIQUOR LICENSE G & M Builders den Prairie Legion Association Eugene D. Drabek Remodeling V. I. Zetah SET-UP LICENSE Crest Investment Corporation Edenvale Golf Club (Note 1) Ban-Con, tjvG Olympic Hills Golf Club (Note 2) CONTRACTOR (Multi-family & Comm.) Akard Construction Company, Inc. PLUMBING Pokorney Plumbing & Heating • Surma Plumbing Co. Ra-Mar Plumbing, Inc. HEATING & VENTILATING Pokorney Plumbing & Heating Frank's Heating & Sheet Metal Co. • GAS FITTER Frank's Heating & Sheet Metal Co. CIGARETTES & TABACCO PRODUCTS Garden King Market 3.2 BEER OFF SALE Garden King Market These licenses have been approved by the program head responsible for the licensed activity. • 4.1.1.4./tti.,Yrt4e4--/ Rebecca Quernemoen, Deputy Clerk Note 1: Taxes are delinquent for 1974 • Note 2: Taxes are delinquent for first 112 of 1975 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1001 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: The following residents have agreed to serve as election judges and counts, and are appointed for the Special Election on Tuesday, July 22, 1975. *Indicates the Precinct Chairman. DISTRICT #1 - PRAIRIE VIEW SCHOOL: • Mary Semrad 9420 Cedar Forest Road 941-4626 • Barbara Johnson 7660 Atherton Way 941-4693 • Evelyn Rogers 9100 Eden Prairie Road 941-4776 Shirley Jellison Route #3, Chaska 445-2650 *Marge Woodhouse Route #3, Chaska 445-1428 Jane Rohe 15903 N. Eden Drive 938-5917 DISTRICT #2 - FOREST HILLS SCHOOL: • Sharon Lynch 11426 Leona Road 941-2792 Robert 0! Grady 6316 St. Johns Drive 941-3454 Sue Lane 6961 Alpine Trail 941-1669 *Doris Johnson 14315 Crown Drive 941-2039 Geraldine Kiesow 6991 Alpine Trail 944-1806 Verneil Hede 7227 Topview Road 941-2243 DISTRICT #3 - EDEN PRAIRIE HIGH SCHOOL: Sandra Bell 8730 Leeward Circle 941-5056 Wanda Deckler 7930 School Road 941-3858 Edna Holmgren 8952 C Neill Lake Road 941-6479 *Genevieve Gibson 15737 Cedar Ridge Road 941-1624 Karen Edstrom 10133 Eden Prairie Road 445-5773 Dorothy Evert 15790 Summit Lane 941-3349 • David W. Osterholt, layor SEAL ATTEST: • John D. Frane, Clerk