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HomeMy WebLinkAboutCity Council - 09/23/1975 EDRN PRAIRIE CITY COUNCIL • TUESDAY, SEPTEMBER 23, 1975 7:30 PM, CITY HAIL COUNCIL MEMBERS: Mayor D. W. Osterholt, Joan Meyers, Billy Bye, Wolfgang Penzel and Sidney Pauly • • COUNCIL STATE:,. City Manager Roger Ulstad; City Attorney Harlan Perbix; Planner Dick Putnam, Finance Director John Franc; Director of Community Services Marty Jessen; Engineer Carl Jullie; Belinda Vee, Recording Secretary • INVOCATION PLEDGE OP ALLEGIANCE ROLL CALL AGENDA • I. MINUTES OP THE REGULAR MEETING HELD TUESDAY, Page 1026 SEPTEMBER 2 1975. • MINUTES OF THE REGULAR MEETING HELD TUESDAY, Page 1034 SEPTEMBER 9, 1975. II. PUBLIC HEARINGS A. 1975 Sprcial Assessment Public Hearing Page 1040 B. ?169 Mini--SecteryL udy, report by Brauer & • Page 1047 Associates. C. Modern Tire & Energy Systems Rezoning, recu, est for Page 1053 rezoning frore Rural to Industrial for the Modern Tire -{9051 ElyIng Cloud Drivel, and Energy Systems 19025 Fiyira Cloud Drive). III. PETITIONS, REQUESTS &C_OMMUNICATIONS A. Recent by W. Cordon Smith Company (Jesse Schwartz) Page 1072 to install a retail gas pump in an Industrial Zone, 7920 Wallace Road. B. Cor 'unic:stion from Michael T. R„tten, r.ceived Page 3015 9/4/75, a_nocaling on behalf of the New Testament Church for rcexaminrAion of en onsite soil absorption • sewage system and/'or holding tank for the church building (continued from 9/9/735 meeting). Council Agenda -2 - Tues.,9/23/75 III. PETITIONS, REQUESTS & COMMUNICATIONS (continued) C. Request by local snowmobile club for City participation in snowmobile trails. D. Request for extension of Basswoods D-1 Apartment Site Page 1082 from George Carter, The Preserve. E. Petition from residents of Crestwood Terrace Estates for Page 1084 natural gas to be installed in their development. (Petition received 9/16/75) F. Petition requesting butiminous overlay for West 62nd Page 1086 Street (Townlinc Road)from County#4 to Woodland Rgad. (Petition received 9/17/75) G. Jtequest from School to expand existing bus garage. IV. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report of City Engineer 1. Plat correction for Mill Creek 4th Addition. Page 1090 2. Change Order No. 2, I.C. 51-263, Nortneast Area Page 1091 Trunk Watermain Project. B. Report of Director of Community Services 1. M. B. Hagen Realty Company - offer to donate to Page 1094 the City 8 lots in the Paradise Valley Area. 2. Notification of approval of federal aid urban funding Page 1102 for County Road#4 bikeway. C. Report of City Manager 1. Community Growth Council (continued from 7/22/75 Council meeting). 2. Eden Prairie Stables - Building Demolition. Page 998 3. The Preserve RLS -authorization of Mayor's Page 1106 signature. Council Agenda -3 - Tues.,9/23/75 IV. REPORTS OF OFFICERS. BOARDS &COMMISSIONS (continued) D. Report of Finance Director 1. Payment of Claims Nos. 7666 - 7781 Page 1108 2. Clerk's License List Page 1112 V. NEW BUSINESS VI. ADJOURNMENT. MEMORANDUM TO: Mayor and City Council FROM: Roger E. Uistad, City Manager TCt(•j SUBJECT: Council Meeting Agenda for Tuesday, September 23, 1975 DATE: September 19, 1975 I. Correct, approve and file minutes of the Regular Council meetings held • Tuesday, September 2, 1975, and Tuesday, September 9, 1975. II.A. All notices have been sent to the benefitted properties that are included in this special assessment roll; Mr. Jullie will have all spread sheets available for review Tuesday evening. The Council has the authority • to correct, approve and order the certification of the assessment roll to the County Auditor. Attached is Resolution No. 1031 that is necessary for the Council to approve. II.B. The Nanning Commission recommends that the Council accept the#b169 Mini-Sector Study as prepared by Brauer and Associates. Mr. Don Breuer • € • will he present to outline the report to the Council. In the event the { • Council accepts end approves the study, a motion approving Resolution i ; No. 1035 would he in order. Mr. Perbix will have a draft copy of this • resolution Tuesday evening. • II.C. Notices have been sent notifying adjacent properties to Modern Tire I` • and Erieigy Systems relative to their public hearing requesting rezoning. The Planning Commission's recommendations are for the Council to consider approving this rezoning request. Ordinance No. 295 would be in order if the Council chooses to give a let reading to this rezoning. Mr. Perbix will have a draft copy of this ordinance for your review Tuesday evening. • III.A. The Council referred the W.Gordon Smith request to install a gas pump in an industrial zone to the Planning Commission for interpretation of 44 Ordinance No. 135. The Planning Commission recommends that an accessory use of this type be allowed it, an industrial zone. A simple motion approving this request would be in order. I I. -2 - III.B. To-date we have not received any additional information from the New Testament Church relative to a cost breakdown of an onsite If sewage system as opposed to extending the service connection to the existing sewer on Valley View Road. Hopefully this information will be submitted to us prior to Tuesday evening. We will then give the Council our evaluation on this proposal. TII.C. The President of the local snowmobile club requested to be placed on the September 23 Council agenda. They were to submit a request outlining their proposal for the Council to consider granting a one year permit 1 for a designated trail for snowmobile purposes in the City of Eden Prairie. As I understand the reason for this request, if approved it would allow , the club to obtain state funds for signing purposes and minimum maintenance. At the present time I am not familiar with any more details • other However, I did request that the than what I have outlinedclub be available for the.Council meetingPresident Tuesday evening.of the III.D. Enclosed is a letter of request from The Preserve and Mark Z. Jones asking the Council to consider extending the deadline from September, 1975, to September, 1976, as per their developers agreement. We recommend that the Council extend the time frame period at least twelve months. TILE. The Crestwood Terrace Estates is requesting natural gas to be installed ` �, in their area. The Minneapolis Gas Company's policies are such that in the event it is not economically feasible to l provide id]e naturprovial gas and main extensions to a development of this type, providing propane gas service to this area. It is my understanding that I. to extend gas mains to this area at the present time would require an aid to construction deposit of a sizeable amount to be refunded to the affected owners at sometime in the future when other homes were built as to provide an economical user operation of the gas mace. 11I.P. We have received a petition from residents abutting Townline Road from County Road 14 to Woodland Road, requesting the City to consider laying • a 2 inch overlay on this segment of road. I suggest the Council accept the petition and direct the staff to submit a feasibility report which would include • negotiating a cost sharing of this improvement either with the County or possibly lv;innetonka. However, I understand that an agreement was established two years back relative to the maintenance of Townline Road whereby P.den Prairie would maintain that portion.of County Road#4 to Woodland Road and Minnetonka would maintain that portion of Townline Road from Woodland to-101. h III.G. Wo have an application for a building permit rfacilityt from the locatednn Prairie cenic Heights Road.for an addition to thei existing garage Road. The purpose of placing this request on the agenda us thhat t etoorrdninance does not speak to existing metal buildings of this type,roquest is one application to build a now structure of this type. . expanding an existing use. However, we are having several requests for -3 - • • • III.G. the construction of metal buildings for warehouse purposes and as I bd. 2.7, materials of (cant.)W d Ordinance t didn't ant toNo. 5is ue the permit without f this st explainingd• Jus the City's position to the'Council. IV.A.1 Lot line corrections are necessary in this plat for title purposes. We recommend that the Council approve these corrections. - IV.A.2 Due to additional costs of added connections, additional depth of pipe and the addition of a couple of valves, we request that the Council approve this change order in the amount of$6,383.00. 1V,B,1.Attached is the Parks, Recreation & Natural Resources recommendation for the City to acquire the 8 lots located in Paradise Valley. One way for the City to acquire this property is to allow it to expire on the tax forfeiture list that Hennepin County submits to Eden Prairie each year. If this property were to appear on the tax forfeiture list in a couple of years, Eden Prairie could automatically acquire this property for park purposes. However, • there is a danger that tax delinquent property can be acquired prior to becoming eligible for tax forfeiture, that being an individual could pay delinquent taxes for the remaining years and have the option to acquire the property prior to forfeiture. I doubt that this would happen, however, that is a risk that the City would have to take. As outlined in the proposed recommendations, it would be necessary for the-City to pay all payments plus penalities to acquire title at this time. The special assessment portion would be the City's obligation if the property were tax forfeited. However, the real estate taxes duo is a different matter in that 90% of those taxes would go to other governmental agencies. We can discuss this along with Mr: Perbix in more detail Tuesday evening. 1V.B.2 Attached is a communication from the Metropolitan Council. You will note that Eden Prairie received approval for urban funding for a bikeway trail along County Road 4 in the anvunt of $97,000. It is necessary, as 1 under- stand, for the City to contribute some additional funds in order to be eligible for the $97,000.00. I feel we can provide this amount by inhouse service to qualify for the urban funding. IV.C.1 The Council asked me to comment on the progress of the Growth Council Tuesday evening and I will give a verbal report at that time. IV.C.2 Mr. Kerber stated that the materials in the barns located at the Eden Prairie Stables were of no value to him. I would recommend that the Council approve the original proposal for the removal of those buildings and all • concrete abutments in the amount of$3,400. - ,• • N.C.3 The Preserve is requesting Council approval of an RLS which will allow the proponent to divide the property as shown, allowing transfer of certain thatpieces of the RLS to the are nece sary to comply with he parcelsrs. These certain facilities the homeownersagre agreement. Pl.D.1.Recommend approval of all claims as submitted. IV.D.2 Recommend approval of Clerk's License List. • RKU:jP • • • 1 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 2, 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 City Planner Dick Putnam City Engineer Carl Jullie Recording Secy. - Joyce Provo INVOCATION -Given by Mayor David Osterholt PLEDGE OF ALLEGIANCE ROLL CALL - All members present. I. PUBLIC HEARINGS A. Area A of The Preserve Commercial Plan, request for PUD concept and Development stage approval of office, commercial and multiple uses; and preliminary plat approval. City Manager Ulstad recommended the Council not take action to consider this request, but that it be removed from the Agenda and the proponent will again request the Council's consideration for a Public Hearing. Lee Johnson, The Preserve, responded in agreement to this recommendation and also expressed his desire that when this item is resolved, that it would be published immediately and placed on the first available Council agenda. MOTION: Penzel moved to close the Public Hearing and refrain from any further action which might keep the applicant from reapplying at any time. The motion was seconded by Meyers and carried unanimiously. /026 Minutes - 2 - September 2, 1975 I. PUBLIC HEARINGS (continued) B. Parkview Apartments by Edenvale, Inc., request for rezoning to RM 2.5 from Rural and preliminary plat approval for a 13 acre apartment development located south of Chestnut Apartments and east of Mitchell Road. City Manager Ulstad stated he has met with Don Peterson, Edenvale, to go over the following details, as the Council requested, relating to this proposal: 1) Establish the trail system by easement. 2) Provide screening of recreational vehicle storage. 3)Commitment on installation of recreational facilities in the proposed park area. 4) Preliminary draft.of developer's agreement should the Council choose to approve the proposal. Mr. Peterson related that it was their proposal to meet the City requirements. The Council members questioned Mr. Peterson on various aspects of this proposal. MOTION: Bye moved to close the Public Hearing and give a 1st Reading to Ordinance No. 293 rezoning Parkview Phase I to RM 2.5 from Rural, and to further adopt Resolution No. 1032 giving preliminary plat approval as per the Plat dated 5/20/75 for a 13 acre apartment development. Direct the City Attorney to draft a developers agreement to include the following: 1) Establish the trail system by easement. 2) Provide screening of recreational vehicle storage. 3) Commitment on installation of recreational facilities in the proposed park area. 4) Park dedication and/or cash in lieu of land to be worked out. 5) Stream amenity by The Preserve. 61 Clear understanding that this approval does not include any commitments for Phases 2 and 3 in this area. 7) Time limit to 18 months. The motion was seconded by Penzel and carried unanimously. C. Area G of The Preserve Commercial Plan, requesting PUD concept end preliminary plat approval for office and commercial land uses. City Manager Ulstad stated that both the Planning Commission and Parks, Recreation and Natural Resources Commission have recommended approval of this proposal. Loren Galpin, Development Concept Association representing the Preserve, gave both a verbal and illustrative outline of the plan. Minutes - 3 - September 2, 1975 Lester Bensch, 8110 Eden Road, requested that The Preserve keep in mind a piece of property he owns near#169 when laying out the road. Lee Johnson, The Preserve, assured Mr. Bensch that he will not be called upon to give any right-of-way. MOTION: Bye moved to close the Public Hearing and adopt Resolution No. 1033 giving PUD concept approval and Resolution No. 1034 giving preliminary plat approval as per the Plat dated 6/1/75 for office and commercial landuses with the following three stipulations. 1) That the Preserve work with Bermel/Teman to coordinate the connecting street and grading plans, defining construction timing and method, financial commitments and right-of-way alignment dedication, all of which shall be agreed to in writing prior to final approval. 2) Should the freestanding commercial along 169 not be used as Class I or II restaurants, then said structures should be grouped. 3) That it is envisioned that an above grade pedestrian system will connect Area G with the adjacent Homart Community Commercial Area, at such time as landuse and pedestrian demand are present, in keeping with established City policy without implying any specific financing method. Seconded by Penzel, motion carried unanimously. Meyers requested that the following appear on record: The Pedestrian system was discussed and generally talked about. Require that provision be made in the site layout in the future without condemning the building. D. Eden Prairie Family Recreational Center by Eden Development, Inc., requesting rezoning from I-2 Park to Community Commercial for a 21 acre site north of T.H. 5'and east of Edenvale Boulevard. City Manager Ulstad explained that the affadavit of publication is on file and people in the affected area where this property is being considered have been notified of this hearing. Mr. Ulstad referred to a number of petitions which have been received in support of this recreational center. Don Peterson, Eden Development, Inc., stated two main areas of concern have come to his attention: 1) Is this use contrary to the Comprehensive Guide Plan or is it a reasonably close land use in Minutes - 4- September 2, 1975 consideration of this plan and, 2) there has been some feeling that an approval of this center would kill the MCA. Mr. Peterson said he does not feel this is a far departure from what was expected in 1968. It'is close to homes, very accessible by the residents of Eden Prairie, isolated from individual homes but still very accessible; he feels people want a site which would be fairly well _ in keeping with the Guide Plan. Pauly asked if we were to give Eden Development the change of zoning to Community Commercial, how much would they be able to deviate from this proposed plan? Peterson responded that they would be willing to commit to this basic plan. Peterson referred to the letter from the Purgatory Creek Watershed District stating that Eden Development was in violation of the agreement; however, Mr. Peterson assured the Council that after the Watershed District met with him and his attorney, the Watershed District agreed Eden Development, Inc., was not in violation. Lyle Shaw, 7001 Kinston Drive, representing a group of residents in favor of rezoning the land at Mitchell and Highway 5 from I-2 Park to Community Commercial, expressed they do not think this is inconsistent with the original Comprehensive Guide Plan. Also it is an immediate development for Eden Prairie which will mean immediate revenue to the City offering employment to youth and people of the community. Gretchen Shaw, 7001 Kinstron Drive, Bob Hanson, 6923 Rosemary Road, and Rollin Gray, 14301 Fairway Drive,appeared and spoke in favor of the proposed family recreational center. Osterholt asked Mr. Peterson if he would be willing to commit to a developers agreement to the proposed plan as submitted. Peterson answered in the affirmative. Bye stated we have set an all time record of no place to buy anything and believes when going through this proposal they will do what they say they are going to do. We have to be concerned with the examples of the lack of tax dollars and the lack of community convenience for the people that live here. Very much in favor in gaining some commercial in this area. Meyers explained that she felt this is a regional commercial use and it belongs in the MCA. This is a needed facility in Eden Prairie but does not feel we should compromise our planning principles and Jeopardize the MCA. Stated she could not support this plan. i029 Minutes -5 - September 2, 1975 MOTION: Bye moved to close the Public Hearing and give a 1st Reading to Ordinance No. 294 to rezone from I-2 Park to Community Commercial the.21 acre site north of T.H. 5 and east of Edenvele Boulevard as per the request of Eden Development, Inc. Further instruct the City Attorney to draft the ordinance and developers agreement to include recreational uses only and that Don Peterson return to the City Council for any deviation from the presented plan. Pauly seconded the motion. Roll Call: Bye, Pauly, Penzel and Osterholt voted "aye", Osterholt and Bye voted "nay", motion carried. MOTION: Meyers moved we receive reports from the following parties before the 2nd reading of this ordinance: Watershed District, Parks, Recreation and Natural Resources Commission, Planning Commission, and Staff Report on the site plan within 45 days. Seconded by Penzel. Roll Call: Meyers, Penzel and Pauly voted "aye", Osterholt and Bye voted "nay", motion carried. n• REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report of City Engineer 1. Consider Bids received on August 14, 1975 for sanitary sewer lateral service on Beach Road and Beach Circle, the Cove Addition, Project SAN 74-1-20, I.C. 51-277. City Manager Ulstad explained that bids were presented to the City Council on the 26th of August. The bids came in higher than anticipated. As residents were given short notice, this matter was continued from the August 26, 1975 Council meeting to the present time. All residents in the area were telephoned, making them aware of this evening's meeting. City Engineer Jullie explained that higher bids meant the assessment cost for the sanitary sewer would be $5,700 per developed lot rather than $4,900 as previously estimated at the Public Hearing. Jullie reported that if this work were to be done with a larger project, there might be a savings of 10%. Jullie recommended that in view of the extreme costs involved, the City could reasonably at the assessment time for this project designate portions of these sewer lines to be called trunk lines. This is provided for in the City's special assessment policies. Curtis Turner, 12551 Beach Circle, stated that he would be in favor of the project at the reduced rates, but would be more comfortable knowing what the cost was going to be before assessment time. Minutes - 6 - September 2,1975 • • Ray Roettgor, 6881 Beach Road, Martin Hellman, 6921 Beach Road, and Mired Harrison, 6941 Beach Road, also expressed similar comments regarding the project and the assessment. Mr. Vickerman, 2101 West 82nd Street, Minneapolis, a potential homeowner in the Cove, asked what the alternative would be. Jullie explained that the typical cost for lateral benefits from the trunk sewer line would be in the range of $2,500 to $3,000 per lot. Meyers stated that the property owners selected to build on lots having poor soils and that they should be prepared to bear the extra cost for the utility construction. She stated that she would be more comfortable with an assessment within the range of$3,000 - $4,000. This would be a more reasonable portion of the project cost and less of a burden on the remainder of the City. MOTION: Meyers moved to adopt Resolution No. 1022 accepting the low bid of $73,014 from Northdale Construction Company, and that the City Council review the recommendations of the City Engineer regarding the assessment options and specifically recommending that the Council approve an assessment for sewer lateral in the range of$3,000 to $4,000 per lot. Seconded by Penzel, motion carried unanimously. • B. Report of Director of Community Services 1. Eden Prairie Stables - Building Demolition. City Manager Ulstad stated that we had received a low bid of $3,400 from Carl Bolender & Sons for the demolition of the buildings at Eden Prairie Stables. Pauly requested that the Kerber family be contacted as they have had • a previous interest in removing buildings on a gratis basis. MOTION: Meyers moved to continue this item to the September 9 Council meeting pending tin staff contact the Kerber family or any other family who might be interested in the demoliton of the buildings at the Eden Prairie Stables. Motion seconded by Penzel, carried unanimously. Council Minutes - 7 - September 2, 1975 MOTION: Meyers moved that the Council approve the low quote of$936.00 and that Gunnar Electric proceed with the revised electric services at Eden Prairie Stables. Penzel seconded, motion carried unanimously. 2. Change Order#2 for Picnic Pavilion at Round Lake Park and payment to Willard Eqgan City Manager Ulstad stated that the staff recommends fireproofing paper on the roof of the Picnic Pavilion at Round Lake Park. MOTION: Penzel moved to approve Change Order#2 in the amount of$150.00 to the Picnic Pavilion contract. Bye seconded, motion carried unanimously. C. Report of City Attorney 1. Report on Bryant Lake Park "roadway". City Attorney Perbix stated there may be a lawsuit in blocking this road by certain people in the area co prove they have the right to use this roadway. Perbix explained that after talking to Ward Holasek, as far as we know there is no easement of record and Holasek maintains that whatever use was made of this roadway by the people was done with his license. • No action necessary. D. Report of City Manager 1. Preliminary Draft of the 1976 City Budget. City Manager Ulstad suggested that if the Council has any additional information they would like included in the 1976 budget to be sure and let him know. He stated that if the individual department heads were not satisfied with his recommendations, they could appear before the Council to plead their case. MOTION: Fenzel moved to set a special Council work session meeting for 10:00 AM, September 13, 1975 at the City Hall. Meyers seconded the motion. Meyers, Penzel, Bye and Pauly voted "aye",Osterholt voted "nay". Motion carried. • Minutes - 8- September 2, 1975 III. NEW BUSINESS A. Ponzel-repaving on Duck Lake Trail further to the east. • B. Bye -Commission information to be given to Council before it goes to outside bodies. C. Meyers -questioned staking of roads for a long weekend when they are just torn up and thrown in the street. IV. ADTOURNMENT. Penzel moved to adjourn, Bye seconded. Bye, Meyers, Pauly, Penzel and Osterholt voted "aye", motion carried unanimously. Meeting adjourned at 11:25 PM. • • • • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPT. 9, 1975 7:30 PM, CITY HALL COUNCIL P•11111BERS: Mayor D. W. Osterholt William Bye Joan Meyers — Sidney Pauly Wolfgang Penzel COUNCIL STAFF PRESENT: City Manager Ulstad City Attorney Perbix Engineer Carl Jullie Recording Secy. Belinda Vee INVOCATION: Given by Councilman Penzel PLEDGE OF ALLEGIANCE ROLL CALL: All Present I. MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY, AUG. 26,1975. • Pg. 2, Para. 4, (A.4) Delete 'ttructure", insert "concept approval". Pg. 3, Para. 2, Delete "when Hwy. 169..", insert "as this inter- section is scheduled for permanent signalization as part of the Ring Road Project". Pg. 3, Para. 2, Insert "design" after "installation". Pg. 6, Para. 2, Insert "and Energy Systems" after "Tire". Pg. 6, Para. E. Insert "proposal review" prior to "committee". Penzel moved to approve the minutes as published and corrected, Meyers seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. II. PETITIONS, REQUESTS & COMPIUNICATIONS A. Communication from John K. Teman, requesting a rebate of trunk sewer assessment. (Letter dated 9R/7.5). • Mr. Ulstad explained the request of Mr. Teman and suggested refunding the assessments he paid for the years 1973 and 1974 thus granting him a five year deferment. Council members discussed the matter of Mr. Teman not receiving notification of the public hearing, the legal nature of this request, was the money available in the sinking fund, and the hardship on Mr. Teman if the request were denied. Penzel moved that the Council authorise the staff to adjust the assessment roll to reflect deferment starting with initial assessment and that any repayment or refund include both Minutes -2- Sept. 9, 1975 II. PETITIONS, REQUESTS & COMMUNICATIONS (Cont'd.) A. Communication from John K. Teman... (Cont'd.) principle and interest, Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. B. Communication from Michael T. Rutten, received 9/4/75, r= appealin on behalf of the New Testament Church for a re-examination of an on-site soil absorption sewage system and/or holding tank for the church builcing. City Manager Ulstad presented the request and Engineer Jullie explained the type of system and certain modifi- cations involving the changing of drainfield and the elimination of the dousing system. Rev. Herzog and Mr. Rutten responded to questions by Council members concerning the distance to connect to sewer line and cost of same and cost of the temporary system and length of time it would be in use. Penzel moved to delay matter for a couple of weeks to enable the church to obtain accurate quotes on both methods of disposal, Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. C. 01 nic Hills Phase III rezoning from Rural to RM 6.5 or , sing e cri y aetac ea and 4 attache on two family homes. teauest for 'ublic Hearing. Meyers moved to yet public hearing for October 7, 1975 Council meeting, Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. D. Hustad Develonment Corporation Office/Industrial and .es dential Pth) and re::oninF. The proponent is recuesting concept aparoval for the'.?b acre site and re:oninR to I-2 Park from mural, and (in from aural. Reouest for'Public Rearing. Penzel moved to set Public Hearing for October 7, 1975, Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. E. An amendment to Zoning Ordinance 135, Section 10, Subd. 10.3, Section ;% extending the tine span for 0S Districts from 1 year to-3 years. :equest for Public Bearing. Penzel moved to set October 7, 1975 for Public Hearing to change text of Zoning Ordinance re PS time span from 1 to 3 years, Bye seconded. Bye voted "aye", Meyers, Pauly, Minutes —3— Sept. 9, 1975 II. PETITIONS, REQUESTS & COMMUNICATIONS (Cont'd.) E. An amendment to Zoning ...(Cont'd.) Mayor.Osterholt voted "nay" and Penzel voted "aye". Motion defeated., Pauly moved to refer back to Planning and Zoning Commission for possibility of Public Hearings in November for the purpose of putting Planned Study (PS) areas back into PS and their recommendation for any new areas to be put in PS, Penzel seconded. Bye, Meyers, Pauly, Penzel and I✓Mayor Osterholt voted "aye", motion carried unanimously. III. REPORTS OF OFFICERS, BOARDS & COI•MISSIONS A. Report of City Attorimy 1. Prairie Lawn & Garden (continued from 8/12/75 Agenda). City Manager Ulstad explained the rezoning request was considered by the Council back in October, 1974 and stated Attorney Perbix will recommend the action to take at this time. Perbix said the matter should be referred back to Planning and Zoning Commission for their recommendation. Mr. Riegert appeared before the Council to object to this request being referred back to the Planning and Zoning Commission. He stated his request for rezoning prompted the 4/5 Mini—Study(which the Council did not accept) and he was told he would have an answer in 30 to 60 days and it has been nearly a year. He is anxious to get his nursery started so :he will be ready for spring. He stated he can't understand the delays he has experienced and that he wanted to start last spring. He said he has been a citizen of Eden Prairie all his life and this delay has caused a burden on him and his family. City Manager Ulstad suggested there be no further filing fees applied to this request. Meyers moved to set public hearing for October 7, 1975 and waive any new filing fees that might be required, Penzel seconded. Bye, Myers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. Meyers moved to refer back to Planning and Zoning Commission for their recommendation as to site plans and layout by October 7, 1975, Penzel seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. /0317 Minutes -4- Sept. 9, 1975 III. REPORTS OF OFFICERS, BOARDS & COMMISSIONS (Cont'd.) B. Report of City Engineer 1. Final plat approval for St. John's Wood 5th Addition. *Resolution No. 1028. City Manager Ulstad the fees have been paid and the plat is in order and recommended approval. Engineer Jullie responded to Council members questions concerning park dedication. Meyers moved to adopt Resolution No. 1028, Penzel seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. • 2. Approve Plans and Specifications and order advertise- ment for bids on Project ST i -3-13 t 1.. 51-261, Bituminous overlay on Riley Lake Roaa. Resolution No. 1029. Engineer Jullie explained the matter for the Council. Penzel moved to adopt Resolution No. 1029, Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. 3. Change Order ;l, I.C. 51--269 for additional bituminous repairs on Duck Lake Trail from Duck Lake hoed to County Rd. y and on buck Lake Road from Padon's Drive to Peterborg Road. • Engineer Jullie explained the additional cost was to repair parts of the road which were is such bad con- dition it would not be repairable next year. Council members discussed cost and need of road. Meyers moved to approve Change Order No. 1, Penzel seconded. On a Roll Call Vote Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. 4. Consider bids received on September 4, 1975 for street improvements in the Lacnvale Northwest Area i75..3-Ob) an the _denvale industrial Park (75-3-05➢, Resolution iio. 1030. Meyers moved to adopt Resolution Ao. 1030 awarding the bid for the project to Minnesota Valley Surfacing Co. in the amount of $185,846.50, the lowest bid, Pauly seconded. On a Roll Call Vote Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion unanimously. 103 / Minutes -5- Sept. 9, 1975 III. REPORTS OF OFFICE:'.S, BOARDS & CO4ISSIONS (Cont'd.) C. Report of Director of Community Services 1. Eden Prairie Stables Building Demolition City Manager Ulstad explained he has contacted a man to see if he will take the job of demolishing the buildings, but has not yet received an affirmative reply. Pauly moved to continue matter until Sept. 23, 1975 meeting, Meyers seconded. Bye, Meyers, Pauly, Fenzel and Mayor .Osterholt voted "aye", motion carried unanimously. D. Report of Finance Director 1. Payment of Claims Nos. 7491, 7590-7666. Fenzel moved to approve payment of Claims Nos. 7491, 7590-7666, Bye seconded. On a Roll Call Vote Bye, Meyers, Pauly, Pen:el and Mayor Osterholt voted "aye", motion carried unanimously. 2. Clerk's License List Bye moved to approve the Clerk's License List, Meyers seconded. Bye, IMyers, Pauly, Fenzel and Mayor Osterholt voted "aye", motion carried unanimously. IV. NEW BUSINESS Fenzel - would like citizen and business imput regarding the Sign Ordinance and Food Handlers' Ordinance - suggest the staff send letters soliciting this imput in writing. Meyers - Voiced her concern regarding the industrial zoning as some firms are not totally industrial and not totally commercial, but a little of each. Requests an evalua- tion from staff and recommendation from Planning and Zoning Commission. Meyers - Voiced her concern regarding changing a PUD concept in the Phase 2 & 3 plan for Parkview. Would like to see removal of any type of agreement concerning type of housing and implied designation. Meyers moved to set public hearing for October 7, 1975 for the purpose of the City revising PUD concept of Phases 2 and 3 for Parkview, Fenzel seconded. Bye, Meyers, Pauly, Fenzel and Mayor. Osterholt voted "aye", motion carried unanimously. /097 Minutes -6- Sept. 9, 1975 IV. NE:'I BUSINESS (Cont'd.) Bye - Stated his objection to Planning and Zoning Commission's recommendations being sent to MAC without Council approval. Penzel - Instruct staff to take all necessary steps to effect a mid-term census for Eden Prairie and suggested it be put on agenda for Sept. 11, 1975 meeting for Council cRpsider.ation. Ulstad - Preserve has a plat they are submitting to Planning Commission for 50 residential homes ranging from $65,000 to$`O,000. Penzel moved to set Public Hearing for October 7, 1975, Pauly seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. V. ADJOURNMENT Penzel moved to adjourn, Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. Meeting adjourned at 9:45 PM. /681 • • ----- • September 23, 1975 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1031 RESOLUTION APPROVING 1975 SPECIAL ASSESSMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessments for the following improvements, to wit: . (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, . and each tract of land therein included is hereby found to be bene- fitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments ex- tending over a period of years as shown on Exhibit A, the first of the installments to be payable on or before the first Monday in January, 1976. Subsequent installments shall bear interest at the rate of 8 percent per annum. No interest shall be charged if the entire assessment is paid on or before November 10, 1975. 3. Resolution No. 1024 is herein amended to include the assessment data of this Resolution No. 1031. 4. 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W. 4_, IID 3 Pa .4 0 pi a�i I' F a�i .0 m A. °z 0u dN to el .-4iI( N.E 3 to.-1tin ..-tw .0 NE 3 N 3 1Lk tit to Ui .4 N el '1r -- 1A to r to H 111 • • • N 100 - - u o ° August 26, 1975 0 w > Mr. Richard Putnam, Planner j City of Eden Prairie 8950 County Road 4 o Eden Prairie, Minnesota 55343 w RE: Modern Tire Mini-Sector Study Dick: I would like to correct an oversight in my Mini-Sector o report and ask that you attach this letter to each copy of the report so that it is understood to be incorporated v into the recommendations. w The question of access to the lot between Modern Tire and Clean Sweep was not covered at all. There are three alternatives: • w a) Permit access directly to U.S. 169/212. o b) Require dedication of a street ROW across the rear line of the Modern Tire site (in-the buffer area of the lot) and extend the street across the Modern Tire o lot to provide street access at that point. c) Build the street as shown on the plan but do not vacate the balance of the ROW and require an ease- . ment across the rear of the Modern Tire site to be used for street extension when and if necessary. a My recommendation would be (c), above. I overlooked this question primarily because I believe that it is obvious that there should be a trade between Modern Tire and Mr. Williams. The Modern Tire site needs the lot v to the south and it'is obvious that , if my recommendations are followed, the Modern Tire ownership which extends east- s vS ward into Mr. Williams' land won't be very useful unless it is taken together with the Williams' property when developed. Q Since, under my proposal, the Williams' property to the east gains no access from the new street, the City will have to pay Mr. Williams for that ROW. The City will then include the land cost in the assessed cost of the street, so Modern Tire would be paying for half of that 60-foot lot. 6440 Flying Cloud Drive,Eden Prairie,Minnesota 55343 (612)941-1660 7555 West 10th Avenue,Lakewood,Colorado 80215 (3031238-7363 104/ ....•.._s• :, "`mil"=y - Mr. Richard Putnam -2- August 26, 1975 This situation would seem to lend itself to sbme kind of a fair trade,, beneficial to both parties, and for that reason I had not considered the possibility that a trade would not take place. An easement tca, serve the Williams lot south of Modern Tire would seem to cover the access problem in case the logical trade doesn't take place. BRAUER & ASSOCIATES, INC. Donald G. Brauer, P.E. President vaw • • • Planning Commission Minutes -4- approved August 25, 1975 B. 169/Mini.-Sector Study, discussion of Brauer Report and alternatives. The planner briefly outlined the Brauer staff report and Informed the Commission that Mr. Williams still desires an access through the present 60 ' wide easement between Modern Tire and Energy Systems. He added that Williams also desires having the industrial/commercial zone extended back another 180 feet. Meyers felt the access through the 60' easement and along the buffer would destroy the effectiveness of the buffer. Meyers asked what alternate access is possible for Cleen Sweep. The planner felt 1 alternate would be to have the-site served by the cul-de-sac. The Commission members then discussed roadway alternatives for the Stud}'y Area and existing sites. . Mr. Simchuck,9145 Flying Cloud Drive, said he was opposed to the study and questioned why a road has to go through his house just because Modern Tire wants to expand. He suggested Modern Tire be granted a building permit. Sorensen asked Simchuck, if he felt the best use of his property would be residential. Simchuck replied that he likes living where he Is and it provides • good access for his business,(3 semi-trucks). The planner stated that the property is presently zoned Rural. Feerick felt the study approval should not include the southern roadways. Motion 1: Fosnocht moved, Feerick seconded, to refer the 169 Mini-Sector Study back to the staff for consideration of other alternatives for streets and accesses to the affected properties. The motion carded unanimously. The . Commission then unanimously directed the staff to address the Garden King site. Meyers questioned what recommended future use there could be for the Garden King site. The planner stated it Is presently zoned Rural and he would ask Brauer to address the problem. Motion 2: Meyers moved, Feerick seconded, to recommend the City Manager make an • exception to the established public hearing policy and place the Modern Tire and Energy Systems requests for rezoning on the Council's August 26th agenda for the setting of a public hearing date. ' Discussion: Simchuck again stated he did not favor any action that would affect his property.Fosnocht replied that the Commission is recommending future recommended land uses and not specific zoning for the Simchuck property. • • • s _ s. • approved Planning Commission Minutes -5- • August 25, 1975 Meyers felt the Commission should make more specific recommendations,i.e. an alignment to Homeward Hills Road, open space/greenway locations, • no access from 169, parkway alignment to the west, etc. Vote: Motion 3 carried 4:1 with Sorensen voting nay. Feerick asked the planner to clarify the zoning possible for Modern Tire and Cleen Sweep. The planner said he would recommend I-2 Park with provisions as listed In the Brauer staff report. Crouch, attorney for Modern Tire, felt provisions on zoning other than what is contained in Ordinance 135 would be unenforceable. Meyers responded that the City attorney would advise the City. Sorensen did not feels zoning could be granted with different restrictions than otherdike zones in Ordinance 135 unless it was a PUD situation. Crouch read from Subd. 8.2, Ordinance 135; and stated he believes the Modern Tire use belongs in that subdivision-Industrial Park. Motion 4: Feerick moved, Schee seconded, to recommend to the City Council rezoning of the Energy Systems and Modern Tire sites to I-2 Park on the conditions of-the upgrading of the properties to City ordinances, the resolution of a single access, a rezoning agreement to outline the commercial use of the properties to their particular use, and the removal of the axisting access to 169. The motion-carried 4:1 with Sorensen voting nay. • • // f • 44 'approved Planning Commission Minutes -3- August 11, 1975 B. 169 Mini-Sector Study, presentation of Brauer& Associate's report and discussion of alternatives. • The planner reported Brauer's report and a letter inviting residents and landowners to the Planning Commission meeting had been mailed out. — Don Brauer outlined the boundaries of the study area and the recommendations in the report. • Bob Williams, landowner, questioned the reasoning behind retaining the 60foot easement between the Modern Tire and Energy Systems sites. Brauer responded he feels another access to the proposed residential would be better. Williams then suggested a service road to provide access and some commercial/ industrial uses behind Energy Systems and . Modern Tire instead of all. residential. Mrs. Russell complained that the 169/Sunnybrook, and 169/VoTech entrance • intersections am extremely dangerous. • Nelsen said he would favor the cul-de-sacing Sunnybrook. Sorensen asked if anyone in the audience objected to the cul-de-sacing of Sunnybrook Road. Don Hess, The Preserve, suggested not cul-de-sacing Sunnybrook 1 until the North/South•Parkway along Neill Lake is constructed. Bill Bonner, Hustads, said he prefers the North/South alternative • that veers to the west instead of the east. Mr. Bob Hansen , Energy Systems, said he prefers having the cul-de-sac end at the Modern Tire/Energy Systems property line. John Crouch, attorney for Modern Tire, asked if the Commission could recommend the industrial/commercial rezoning at this time so Modern Tire could try to begin construction in the Fall. Meyers suggested listing specifics on uses and future expansion before the non-conforming uses are rezoned. Brauer felt the uses would be controlled by the City's Zoning Ordinance. Sorensen expressed concern that the previous agreement between Modern Tire and the City had not been followed. Mr. Crouch felt business potentials v.111 diminish if growth is prohibited. Feerick felt a recommendation on the industrial/commercial could be made, but the entire plan needed further discussion. Meyers suggested action on Modern Tire's rezoning only since they are the only business who has requested rezoning. She fait a need exists for a staff report outlining the requirements of such a rezoning. f approved Planning Commission Minutes -4- August 11, 1975 Motion 1 • Feerick moved, Schee seconded, the staff prepare a staff report on the requirements necessary to rezone the existing Modern Tire and Energy — Systems sites to industrial/commercial. The motion carried 5:1 ( Sorensen voted nay. ) Motion 2 Meyers moved, Schee seconded, to continue consideration of the 169 Mini- ' Sector Study concept to the August 25th Planning Commission Meeting. . The vote was unanimous. • C. Celebrity Forum, Inc., request for PUD Concept Plan and rezoning to Regional Service for a 3,500 seat theatre on approximately 15 acres. Bill McMahon stated he has initiated a purchase agreement for 30 acres adjacent to the Minnesota Tree Office site for the same recreational.concept • discussed at the last Planning Commission meeting. i d,;• -% • ...n b.: }�3 F. L--- • . ---1 , ---, ' 0 L. ENERGY SYSTEMS INCORPORATED CONSULTING •CONTRACTING R025 FLYING CLOUD DRIVE • EDEN PRAIRIE,MINNESOTA 55343 (6121 941-3838 August 25, 1975 _ Eden Prairie Planning Commision Eden Prairie, Minn 55343' Att: Dick Putnam City Planner Gentlemen: Energy Systems, Inc. hereby requests the rezoning of its property to I-2 Industrial Park. _ Following is the legal description: "The north 200 feet of the west 585 feet of the • southwest 1 of Sec. 23-116-22, Hennepin County, except the westerly 40 feet thereof which is Highway right-of-way." Energy Systems, Inc. yoins in the application of Modern • Tire Company previously submitted. Very truly yours, ENERGY SYSTEMS, INC. • 621,2_*--- C )1, Robert C. Hanson President Agreed Upon By: • MODERN TIRE CO d' t --it .� ` [) . k 4tc e e .S- C:- N:;.4 • MINUTES - approved • EDEN PRAIRIE PLANNING COMMISSION Monday , July 14, 1975 7:30 PM City Hall III. REPORTS AND RECOMMENDATIONS. A.169 Study Area,pfesentatton of-basic analysis prepared by Brauer & Associates. The planner reported that notices regarding the 169 Study Area would be mailed to surrounding property owners prior to the commission's July 28th meeting. • Don Brauer outlined the background of the 169 Study Area, possible road systems within the area, and existing land uses. Discussion followed relative to the land uses and alternate road systems. Don Brauer did not anticipate that legitimizing the existing uses would effect other non-conforming uses within the City. Motion: Lynch moved, Sorensen seconded, to continue the discussion to the July 28th meeting and to direct staff to continue its work on the 169 Area Study. The motion carried unanimously. • • �ti • (.L2i?S GRAY,PLANT, MOOTY 6. ANDERSON wRDLD D.CANT(I097-IOT3) LAW OFFIC ES DAVIO T,SENNETT HCNNT W. A l05TOCt(0ET+RCD) EDWIN C.CARNENT EN LINDLEYS ,om INANALAN D.GOAT 300 POANORE BUILDING JONN W INANA W. T,JR DE,N POOP JOHN W. MINNEAPOLIS.MINNESOTA 5540E DANIELR•SHULMAN KENNET.M. UPON ...EMAIL CLONNI NOHAN • TELEPHONE(D12)330-9501 ANDNEW C.PCLDEN RU55E.LL« NNETT NIEMAND A.NDONE,Jn, • NTo«A.SCHwOEDER JAMES 11.LAND( (SWARD STEPHEN J.SNIDE', JAMES .L.StMON O June 11, 1975 eIRET J `TE. ANCB fl.BeN ON9 CN .OERICR J.C•ERNART LION N IIC«AND N. N NCCND NICN•E.R N C.Nc.LeON CURTIS D.EONPLUN0 RrD«wn0 w POWMAN JDsere D.00LTON S PLICE D. LISPING ELIEASETH W.NORTON C•STE VP..I WILSON ---- JONN E,.CROYC« ERAIG L.VOLL«AR AL L.NENSERLOO LOWRD J.CALLAHAN•8w, 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: 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' • I addition to its existing building. (Said r Mr. Roger Ulstad 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, ohn S. Crou JSC:cfk cc: Messrs. Richard Putnam James F. Duvick Wally Ball approved Planning Commission Minutes -2- June 9, 1975 III. REPGRTS AND RECCMMENDATTCNS. 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 Crdinance 135. Modern Tire is requesting rezoning to 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 Inge 2, 2nd P,of the June 5th letter. Crouch replied that no other conditions had been agreed to other than the City allowing the enlargement 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 CDmrnission 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 ModerneTi�mps s ay co gooduse itn and n a ccity but were unsure how the City could help this year. • planning Commission Minutes -3- approvedJune 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,wouid be up 12% by next year . Lynch asked if Modern Tire would need to increase their parking lot if they did not construct the addition to the building. Duvick responded no. 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. /Action 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. Feerick suggested amending the motion to.recommend approval Lynch favored such an amendment, tFosnocht 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. • • approved June 9, 1975 Planning Commission Minutes -`- Tote an Motion 1 nch,Feer►ck & Fosnocht voting nay. The motion failed 3:3 with Ly Meyers inquired if the members voting against the motion favored a Mint-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 • Pecr ono moved,decision on the M ni- ectoroStudy for othe 169 Area the City inlight of the ncil r- prie of their present circumstances. The motion carried 5:1 with-Sorensen voting nay. • 059 ( • O RAY,PLANT, MOOTY & ANDERSON LAW OFFICES DAVID T.DENNETT HENRID W. HAVENI.DOEIVETI COWIN...APP..,ER HENRY W. •VtrtS*OGEIPEtiREDI INDLE.S......ON IWANSLIN D.GNAT 300 ROANOKE BUILDING JOHN w.THIEL W. !LEER,.R SPOORS . JON W.NOT O .�J MINNEAPOLIS.MINNESOTA 55402 DANIEL R.SHut«AN «ICNAEL R.CUNNmoH•H wENNETH M.AN56RSON . NDREW C.DELDEN RuSSE w.MOOTT TELEPHONE lb 1[)3a9-O SoI s.CNARD A.NDORE.JR. CLANTOE A. C POED JANES R.LAVOE C011ARD .CALLANAH.J STEPPE.J.SN.DER RODENT J.IIE L.N.x.JR. June 5, 1975 - !Cir.E.J.ACTED JAMESO. HELL... - rwescRlcEJ.ocwH.RT LA«LD S.NENIHR NENON LLLON R D. .ENM, NORDENDERD RICHARD P.PUNT • RISTEN C.NELSON WEN....EORDLUNDevAN JONJI P. ' PLENA..,A. SOWNAN JOSEPH D.DOHTON .KHAw D. NO•LN EL.L•DETH w.Now1oN ...woe D.oRvss+ND C.STEVE.WILSON .COUNSEL JOPN S.CwOHCII L.RE.ROERNO CPA L_VOLLN•R . ALECOLTER.J.CALLAN•N.ER. Mk. Richard Putnam City Manager of Eden Prairie Eden Prairie City Offices 8950 County Road 4 Eden Prairie, Minnesota • • . Re: Modern Tire Company Dear Dick: . I have enclosed six copies of a letter addressed to the Planning Commission and City Council setting forth the history of the development of the above-captioned premises, as well as a discussion of applicable law. I have sent a copy of the same to Mr. Perbix. • Very truly yours, I • I. Icahn S. Crouch • JSC:cfk J Enclosures \t • - a 'S_.•• .4. C GRAY, PLANT, MOOT'? & ANDERSON T MAMOLD LAW OFFIC CS PATvIO,p+ WCT . WNCT a O.AVERWaa T'IDTOI LINDI.Cr S.APITc COWIN M ON MC WWI W. ---- DC^MY.x�.[OI PRAN.LIN D.GMAT 300 ROANOILE BUILDING JONA a[P. [ �402 NICL w,D»UtO%E JD»W W.MOOT,/ MINNEAPOLIS,MINNLSOTA "i HwA».ca.SHULM ND»w« OCw^OM Dw Nw C HLOCN Maw[NW. OORr 1eLcaMONc Cs izl 339-980, «w «OOat,lw. *t,SSCLL» RICHA wV Not CIINTo«. DC»AO CDC. a.CP»Cf J.1,10C R i0DCAT L.M Li MVN,Jp. June 5, 1975 J.taw NIAII J.OCw»w«x poecpR L. V unE J.ME9 WD..MEM NLO« DwLLICIM D N CM.E FLINT IA•DA A. art.E C.N,a80N WitCMAAI N,00ACD E O,CN.EL P.OM LIWO JOO»N D. MCa MICMAR D.COw DLUNO J Ewa NT4'.3OLTON [L1i D W.NOaTON nlc«*.D A.anw«w« __ ewucc D.01,0.0.50.10 C.aT[v.N WILLOW JOME D.CAOUC» ♦CED1 COUNSEL E.DCwptNUD w Cw.16 L.vOta MVw • ipwVwO 1.CV ttVNVN,5 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 t , Permit for Construction of a 1 50' x 100' Addition to Its Existing Building V r. Gentlemen: Our office represents Modern Tire Company ("Company") in the above-captioned matter. The purpose of this letter oisn atos t set thforth e rthltthe ebfactual ual background as well as the Company p ordinances as they relate to the subject request. BACKGROUND On November 22, 1967, the Company entered into a Purchase Agreement with Walter Lueth for the purchase of a parcel of land approximately one-half acre in size z �at 9y 051 Flyingcing ClrudDri rive e one which was constructed a building entered into a runthait Lueth Purchase Agreement, the Company 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 liZI % • Eden 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.) 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 May 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 its 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. f y Eden Prairie Piannin7 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 circumstances 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 the location of existing structures thereon from geographic, topographic or other physical conditions on the site or in the immediate vicinity, or from population Eden 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 E 1 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. C4_ of Lincoln, 179 Neb. 194, 137 N.W.2d 800, 804 (1965) distinguished 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. Several points should be noted with respect to this statement. The term "area 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: • K4'. ti . Eden Prairie Plannin Commission June 5, 1975 Page Five [Mere 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 fThich such uses as are permitted may be exercised. 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 a non-conforming use which was existent on the date of enactment of the zoning ordinance. Thus, the Pennsylvania Supreme Court stated in Humphreys V. Stuart RealtyCorporation, 364 Pa. 616, 73 A2d 407, 409 (Pa. MO), that "fa) 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 courted 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 ti c Eden 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. Very truly yours, GRAY PLAINT, MOOTY & ANDERSON • BY e1 A. /Jn IS. Crouch JSC:jj I! cc: James F. Duvick Harlan W. Perbix Walter Ball PERBIX, HARVEY, SIMONS 8c THORFINNSON, P.A. ATTORNEYS AT LAW P. O. BOX ISO 17 TENTH AVENUE SOUTH HOPKINS. MINNESOTA 8E343 TELEPHONE 935-4488 W. HARLAN PEREIX HOWARD E. HARVEY KEITH E. SIMONE June 4, 1975 ROES THORPTNNSON LORRAINE TESI.oW LEGAL ASSISTANT • 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 21, 1975 which was sent to me by John Crouch, attorney for Modern Tire Company in which he attempts to put the proposed application 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 situation. As I have previously told you, it is my opinion that this is enlargement of non-conforming use and 1 believe cannot be met under the present zoning. There is nothing in the 1P*tPr, 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, PERRIX HARVEY, SIMONS&Tl-IORFINNSON, P.A • W. Harlan Perbix whpjes • l7 sn� approved Planning Commission Minutes -4- - May 12, 1975 C.1Aodern 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 of 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 Crdinance 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 fora Special Use Permit , not rezoning in 1967. Mr. Jim 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 investigate 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 Ordinance No. 135, Sections 16 & 17. Motion 1 Meyers moved, Schee seconded, to recommend to the City Council a:Mini- 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 attorney's . opinion be presented at the'commission's next meeting. Vote: The motion carried unanimously. L _. k"1 Riley- Purgatory Creek 1''s7a torsi:eel Dis�:i,, ' —�,; �i _� 1- o ,4� Q9�0 CUUNTY RC:,4J t EDEN PRAIRIE,GSINNESOTA 5$3. 1 ^n g 1 -q--k * ili - . r r!1 May 7, 1975 t I' — Mr. James Duvik !I Modern Tire Company 9051 Flying Cloud Drive Eden Prairie, Minnesota 55343 Dear Mr. Duvik: The Riley-Purgatory Creek Watershed District has received a grading ' and earthmoving permit application from the Modern Tire Company. In discOssing this project with the City of Eden Prairie, Mr. Carl Jullie, of the City engineering staff, indicates that the City Council has not as yet acted on Modern Tire Company's request for rezoning. The Rules and • • Regulations of the Watershed District indicate that the grading and earth- moving permit application should be acted upon after preliminary project • approval by the City, but before a building permit has been issued. Therefore, the Watershed District will keep the grading and earthmoving permit application on file and will act after the City of Eden Prairie has acted upon the rezoning request. , If you have any questions, please do not hehitate to contact us. Sincerely, Allan Gebhard . Engineer for the District AG:ps . cc: Mr. Frederick Richards Mr. Carl Jullie • Mr. Richard Putnam Mr. Conrad Fiskness • 3, k�< f - ,approved April 1A, 1975 Planning Commission Minutes pEq'1TIGNS AND REQUESTS, A. Mod„_@rn Tire, rezoning from Rural to Highway Commercial for the construction of a 50'x100' addition. The site is 1/2 mile north of Flying Cloud Airport at 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. 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 buiildi complete. in 1968 and were operating in January 1969 before the City's rezoning wasHe added that when he purchased the property it was zoned commercial 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. appropriate. Sorensen asked the The planner said he felt rezoning would be approp he property's legal status and planner to address the possibility of a variance, development of the property since 1968 in the staff report. 3pproved Planning Commission Minutes -10- April 1't, 1975 • 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. 1010 :: ..'.7 . . . . • . . . . , . • . . • ••11... . $ 9 . •. •.• 1:11 • . • 1 . • .,. . . . . .... i I . ..... . • .. . . . ......., • >. % 1• • • °"..1.;..V •' •''' >*...... •'••• :. . , :.1 .• . • : . • ii: ' • • . . .. .-....I' : • 0..7•7';'''''-‘ . ''. • r . 0 P. • .4.. . ' if'" . • , , . 7: ' • lc.. II, . - . . •. .. if : ...0- , . • . . . ••-!. .•: .,•,• . .. . .. . • .. - - - • . .• • . .' 4 1 ___,Ire• • • . . . :. • . • . • t am; ..: . : .,.. .: . . :. ‘,.... > • .: :'.:;-=';:i:.-7!..:-.: ti CI) --," . . • . • . • . . )1 • • , , • ;.4--i---• i't . : . .: ,,1 ,. . .6.. 0 • i..- • • •- / tt:47.-.. 17,, • -.. -.• : t.::.,:,t .-. , M ° '71 41 ' :• .: . • i ,,7:1 iE,.-•••• • • . . .....,) t . • .. ..•. . . . . . 0 {....., 1 • • • • i :,..',, -2:- - . .- . ! . ,i ± :.--:. IQ.' ''''7 • .. •‘ - • -• , —.4-...i-,•,, 7 . . , . - P.7!...-,.::.'-.._:..---..4q • • • ca.9 . c...) u) C....• ,,, • .:;.:?:.*::: •. . 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'.:. :,: :- .,.. -. .. .:.,L ' .- • :2.-:.'.,., ,•: •t, Al ..- ..1 if,:._ :i.....'t-. .!. .. . .. . . _ .. ..._.. .. . . • Unapproved Planning Commission Minutes -4- Sept. 8, 1975 B. Request by W. Gordon Smith Company (Jesse Schwartz ), to install a retail gas pump in an Industrial Zone, 7920 Wallace Road. The planner stated the Council referred the request to the Planning Commission for an interpretation of Ordinance 135. He believed the retail sales and self service gas pump could be considered a minor supporting use. Lynch inquired who would manage the pump sales. Jesse Schwartz Jr responded it would be strickly self service and controlled by inner office personnel. The planner suggested moving the pumps to prevent traffic hazards from possible stacking of cars . Meyers suggested limiting the hours of the self service operation to the hours of the warehouse .. Lynch asked if the canopy as recommended in the staff report would be possible. Schwartz replied it could be done , but it would be expensive. Sorensen felt fuel pumping and storage is related, but one use is bulk and the other a commercial outlet. Motion: Lynch moved, Meyers seconded, that the W. Gordon Smith Company be allowed to install 3 pumps as a self service gasoline island in conjunction with their warehouse building as per the Engineer's report of September 8, 1975 , and the following ; I. That the pump area be covered with a material compatible with the building providing an enclosure for the fuel pumps. 2. That price signing be limited to the roof support enclosure and not on the roof or free-standing. 3. That signing for the self service fuel station be included on the one permitted freestanding sign. The orientation of that free-standing sign shall be to the adjacent streets and not T.H. 5. 4. Hours of operation of the three pumps be limited to the hours • of operation of the warehouse. The motion carried 3:1 with Sorensen voting nay. • Sorensen's nay vote was based on his interpretation of Section 8, (8.1.b), of Ordinance 135, and the traffic flow and hazards that may developed. MEMO TO: Planning Commission • THROUGH: Roger Ulstad, City Manager • FROM: Carl Jullie, City Engineer q V DATE: Sept. 8, 1975 - SUBJECT: W. Gordon Smith, Co. Request for Variances • for Lot Development at 7920 Wallace Road The W. Gordon Smith Co. is presently constructing its replacement bulk oil • plant and auto accessory warehouse on Parcel 980, Section 16, 7920 Wallace • Road, as shown on the attached location map. The oil plant and storage warehouse were previously located along Flying Cloud Drive, but have been displaced by right-of-way acquisition under the Trunk Highway 169 upgrading project. Said lot is currently zoned I2 PRE. The Skelly service station is immediately to the north of the site. The site plan submitted by Mr. Jesse Schwartz, Jr., representing the W. Gor- • don Smith Co., calls for two features which will require a variance from • the requirements of the 12 PRK zoning district. These are as follows: 1. 'Gas Pump Mr. Schwartz requests permission to i.nstall...elf-service gasoline pumps. These would be screened with landscaping and in accordance with city requirements. This appears to be a legitimate accessory use since bulk gasoline will be stored on the site. Traffic ac- cess to the pumps would he goad. 2. •Road Dedication and Divison of Parcel - • • • As requested by the City Engineering staff, Mr. Schwartz has agreed to dedicate the right-of-way and construct a 32' wide roadway be- tween Wallace Road and School Road. This road has been identified in a previous Engineering Feasibility Study for safety improvements along T.A. 5. In the future, it is proposed to cul-de-sac School. Road south of T.!!. S and bring all the School Road traffic to Wallace Road. A traffic signal is planned for the future at the intersection of Wallace Road and T.A. 5. Several residents along School Road have expressed a desire for this change. Also, there have been several accidents at the intersection of School Road and T.A. 5. The construction and dedication of this new roadway will sever the e_xisLiee parcel, creating two building sites both having less than • the required 2.0 acrec for the 12 PBX district. Vince the city is requesting the road for safety improvement purposes, a lot size variance is reasonable. loiq • - 2 - Sizes of the two resulting parcels (1.54 acres and 1.58 acres) are probably still large enough to permit high quality indus- trial development. It is recommended that the request of the W. Gordon Smith Co. for the gas pumps and lot size variances be granted. CJJ:kh Attachment • • • • • ' 1 4:ZtZB• ,`. i 7',.146.7 :s is'F.(ra,.,s,h,a/i„d.) I seM..E IT /I6: M ,' ' c��'r} 49,t`3 y' • — q.,. -_ 266.43 ,aoa, j '",'�' fa� (7262) ^� '. ' if O • ; ' 1---'1 izoroSCD yy ?. f' ,1::a i tc. 1"�a,,` j9ti' \�a f,r F/Tc. L__J _ 1 1 t c Ur t. Y . r-3 C,'-_ '-(936)-_ • -it. -- PROrow.ID- 2°Rr:va y + b 74 2 _a I 4 cE ` s. _ _' yg l�jb v 1. .0, a '� ).�4 M.G. Q -tel. 24c ,fti )c7 4.;• / q 19 o i/ 1 4 / / Q' 4v: S y •fJ.\�r '•% C7.•-• .• ra` D l V' 2 a h ' a t // (7290.)�ti •q 4, °Diy .wo h• u yM/w Ah,:,4fi, u 70.13. v (&erin! Phol I" _ ` sE7 (7245) 47i 9 w / W /ix; y ' ' W.. ; tse i 4 !w i �I4�°': 7/ Syq'6 i v: v v 7I ems'" 3'1 tC, tyti'l`�s,_r c�„ to I .'•,/ _SI. .o n, -.. 52'OD=it Ste`" 1 i t p{ 2 • !�I� yR yy } � / mil. _ - vi . /ti ,;, JE iY _ MEMO . TO: Planning Commission • FROM: Dick Putnam, Planning Director DATE: Sept. 5, 1975 — PROJECT: Warehouse/Bulk Plant , W. Gordon Smith Co. APPLICANT: Jesse J. Schwartz , President LOCATION: 7290 Wallace Road REQUEST: Interpretation of Ordinance 135 to Permit Self Service Fuel Sale in I-2 Park District SITE IDACTION South of T..H. 5 and the Skelly Oil Station between School Road and Wallace Road. The lot is 3.44 acres in size. fi„/ u3.rix ,, ��// • j1 Irub � (?S. t ceH ov- wnt n c-gi t — � c1�wr ti 9.6 tn ��PUD 7 w_ IS-P ici '�rJ i7' 4 ,61.3 SITE PLAN �=~ self- service The site plan, page 2,illustrates the proposed location three ( ) fuel pumps. The plan includes a warehouse/office for tires, grease and other automotive accessories,and underground bulk-fuel storage tanks. • . - - The 3.44 acre site is being divided into 2 sites less thanthe 2 acre mini- • mum,to allow construction of a connector road from School Road to Wallace Road. This connection will allow closing of School Road access to T.H. 5. The right of way is being dedicated by the W. Gordon Smith Company in response to the variance in the 2 acre lot size requirement. . LANDSCAPING, PARKING, ACCESS The proposed site plan provides earth berining and tree/shrub landscaping to screen the truck loading and parking areas from the streets and residents along School Road. Parking and driveway configuration meets the City Engineer's standards. , _, _4. :y.--- . . .," ....I•• . FIr ••:' :.: • .::. \ •‘•••• %CN\ \\c I I • . . . 4. • !...;•,., la 4. ‘-)5 )\ t 4 . IN.• ita`:. •••1".•, ',•• • N!•:•`.•4-1*,iN • ':1\ • i c•'•:- . . ts•••• *•.1:• •\•••••,,,>.. \'.. ' • . iaii-e ' '-'1 -t• '• :41 41, an ',.;: r. . • •11 -4 i ...ek'., N \:.- ri:-,,.. '''' ,,.:* \ I • • . \ I • :4 . • ay. -.I ,.,, 1 1 • N " / A \ ,....//,, I/ i (C-1.--7\ 1 .\ "N.,. s''N• !\1 . • /•.,.. ,i j•e,‘-i... • .--._•...... ,,, 8 .ti, I '% is_i i 1,1(Vt.:- t.• •-• : I . V ' :'‘,...,..........4 N.• ....3. • . 7..! 4 • • 1". 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C„.. ••••••4,-....4,:•Cof Ayr P-- -••.a...!,...,....L.. _.;.„:,..............., .........'"..... .t..74'4. . iND I p.....---;......----........„; 'PI-----t.Z.:•"•••/".-- —..1 P• \-41,-- . ••,,,,........ --____ ... ----, , ------....::::7---,-.—_s:. _1.•._ . . .. ..........___----,c---4--7--•----G ... -----.-----..--.—.---=--. . • ,,,, ,---;:c — • - I cd Ime<to;1.314-4tu.-1,0,ht kr Ow 14 4 Div.vi so)40* 4c.U.iTL717- . , . . . . '• . •-. . . . . .... • . . -,-• ..--.-- .:.... .. Memo-W. Gordon Smith Co. -3- Sept. 5, 1975 SELF SERVICE FUEL The request for the retail sales of gas is proposed to maximize the manpower used in the bulk and warehouse operation and to allow a minor or supplementary commercial use of the property. • The gas station use in this case is obviously a related commercial . use for the bulk plant and automotive sales . The 3 gas pumps proposed — would be a minor commercial use of the property whether based on sale; volume, dollar-sales, site area, basil business purpose , or visual impact. . The Zoning Ordinance (135 ) refers to minor commercial uses in Section 8, Subd. 8.2, Permitted Uses. Also Subd. 8.1 Purposes, . is referenced as background to help judge the intent of Industrial Districts. The question is whether the self service fuel operation is a minor commercial use permitted under the I-2 Park District, SELF SERVICE OPERATION DESIGN • • ' My review of the site plan and building design produces the following recommendations if the self service operation is approved; 1. That the pump area be covered with a roof extended from the main building of a compatible design. 2. That compatible materials to the building be used to support . the roof while providing an " enclosure for the fuel pumps. I 3. That price signing be limited to the roof support enclosure and not on the roof or free standing. 4. That signing for the self service fuel station be included on the one permitted freestanding sign. The orientation of that free standing sign shall be to the adjacent streets and ` not T.H.5 . 1 5. The sketch and site plan attached is of a convenience center by M. Z. Jones , Shadow Green. I have used it as an illustration of how the service pump area is screened with landspcaing and architectural treatments. I _ . __a:i i J e ,.•••••:::,,,•.r. H',;..1..'. ._ . . • . . . . . ' •• ,.J . • ,e4) . •., ' C__ •) - tv.-2,4 -; • . • ;*i47,7 4'40 • . r i ."7:.: . . •f" v•,-. e.,.- 4k, \ .• . , . • . . . , .. . . •.'..,,, ' \k.',.ik, , . . rp-fr — ,- '..-s•:,1,. . - • , . _,t,. r•• . N.••;'. . . .o., -.. . • .. • , ---__ . 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''..Y. •7',N4,-,., ,...„._.,,,,,, ,77 ....', ' ., . • . '.q....14';'\ !1',:l '1-,i,,.,,,:.!.\-‘7.,;,:- ..‹.. • . . • . --.- •-3,-,c,„.- \'.. ,,,g, . • -r. - . . . . • ....--... • \ . ...-- ,.--,... ' iiI=L1 0.. CONVENIENCE CENTER PLA. • . • I . • . • • . • • • • . I .•• tmof Gyr-t" Fulmtr-etk-.,ett,. re: 4.-\;!,' ' • I . . : ty i':': • .A.,•1 - -" 1 A./•..*--"—.. A-,-...q. . I Air' 41Al'eS I . , 'i'- '''''''''' 4....1,.›...11.... ......-. ..• . ' . • • :..14....... . SECTION F--.,./\,./1". . • •-•... . " • , . A •• • rzch -&,t-Ick-6 bseum ai.4. ever.0-#1.4 . •ar 1'1'1i' •-. . ' . . ...... •.... . 4. • .•..- .-.. . . - . • /070 . ..... . . _. . . . • • 1, • • _ • Memo-W. Gordon Smith Co. -5- Sept. 5,1975 •• • RECOMMENDATIONS • • The planning staff would recommend that the proposed use will not adversely affect the surrounding businesses with the exception of the Skelly Station. The Skelly Station is a non-conforming use in the 1-2 Park District. The W. Gordon . Smith proposal would provide some competition to the Skelly Station. That the use as proposed can be interpreted as a "minor commercial" use to the main industrial/warehouse use and there fore may be permitted as per Subd. 8.2 of Ordinance 135. • That tjle design of the building should reflect the concerns 1 through 5-listed under Self Service Operation Design to insure compatibility with surrounding land uses. DP/jme - • S • • • • ' • - • • • • • •• • • • • • . . • jai • ••••••, SEP 81975 TheLcesecve September 5, 1975 The Honorable David W. Osterholt, Mayor Members of the City Council CITY OF EDEN PRAIRIE 8950 Eden Prairie Road V, Eden Prairie, Minnesota 55343 } Ladies &Gentlemen: On January 25, 1974 the City Council approved the site dl in the Basswoods for a construction project to be jointly built by Mark Z. Jones Associates, Inc, and The Preserve. This project, according to the City records, was given the following designation: Basswood Forest, site dl - 255 units. Lot 1, Block 6, Basswood Forest plat. Zoned from rural to RM-2.5 in PUD 70-2. In a letter sent to us by Mr. Richard Putnam, Planning Director for the City, we have been notified that the "limit for construction for the Basswoods dl site will expire on September 5, 1975". As a consequence of this notice of potential expiration, we respectfully request that the City of Eden Prairie extend its approval without change for this project. The reason that the project has not been completed within the time limit allowed by the City is that neither Mark Z. Jones Associates, Inc. nor The Preserve has been able to locate affordable financing during the time span noted above. Both Mark Z. Jones Associates, Inc. and The Preserve desire to proceed with the construction of this project at the time when adequate and reasonable financing is available. Therefore, we ask that the City extend the time limit for an additional 12 month period or until September 5, 1976; • Respectfully submitted, THE PRESERVE cc: Mr. Roger Ulstad, City Manager t�- w Mr. Wayne Sanders, Building Inspector _.3 a Harlan Perbix, Esquire G. M. Carter, Jr. Mr. Mark Z. Jones II President Mr. Kenneth W. Person A Total Environment Community—8920 Frank)Rd.,Eden'Rr*Ie Minn. 55343 (612)9412001 2001 /.... • MARK Z.JONE S ASSOCIATES,INC. BUILDERS• DEVELOPERS 5290 VILLA WAY • MINNEAPOLIS, MINNESOTA 55436 • 612-925-1020 MARK 2.)ONES It P,eeident September 19, 1975 Mr. Richard Putnam Planning Director • Eden Prairie City Offices • 8950 Eden Prairie Road Eden Prairire, Minnesota 55343 Dear Mr. Putnam: Thank you for informing me that our zoning of site d-1 in the Basswood portion of The Preserve may run out in September. This, of course, is of great concern to us. Although we are not completely ready to start construction on this site, we are closer than we have been for many months. I am working on negotiating mortgage money and it is looking brighter than it has been. We expect to be ready for construc- tion the early part of 1976: We would appreciate it very much if you would extend the time limit for an additional 12 month period or until September 5, 1976.. Yours very truly, MARK Z. JONES ASSOCIATES, INC. Marl: Z. Jones • President MZJ:cal • . r a. - lk June 2, 1975 �� -- \ � '- We the resident's of Crestwood Terrace Estates, located .— directly South of Riley Lake, off County Road One, do • hereby petition the City of uden Prairie and Minnega.sco thet utilities, mainly natural gas be installed in our development. We feel the present population and the apparent rapid development necessitates immediate attention on both the Eden Prairie City Council and Alinnegasco. . NAASE ADDi E3S PHONE ' LeL.44.4>>97Gi-4+/- 9456—et.d... ..,..../ .45/_s--452r4 4 je4.e-,--,.., ...c"-d az -4-676;•,/-le-", (e7.5"--- z//->Y . : afro-i i: /I I45-ct ben tla Otis--s)23 �J.j }jj��� yy��,�, //; `i o`f •=, 1 "� �Rh�.r Si,�- 8 4, z ci,A,,C.c(, ,),I, ld4tS _ lG' 'lily CRg sTa oct'" �{5- 65t 3 3fiqt) �`lt y &ad^ j , '/ --S�7 / i -n2- /.%(S�Eit,c� x /1T 9 M`s''7:1i c `“ gIvoC.,,,,u''*"U'fen- of I0(02. r NAME ADDRESS • PRONE C e7) 9 I Iee640• 6 • • SEP 111946 t t 74- CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IPAIROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements(e)s (General Location) .- niter . Watelleain- Street Paving 1G;6.2. C, i(77. u r f ed.)Ae.v1 Gdiwat-" . 7,? /i i/7 4J6,t.aD J,t Street Address or Other Legal Description of Names of Petitioners Property to be Served (Nast Be Property Owners) ? ` //517v/ L<l I;�,✓!3 Si .a '� n T I J • ei 2. L5 fro`7 kJ 64. .5/— / 0 �.� ry /,56/7 W. Gas t'�. r • il I5- ' ✓� . ,4.m;n ,..r tse . Yam, �R.l . C rF 1 -e/• (For City Use) • Date Received Project No. Council Consideration l 41031,0-) /C • CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City.Council: • The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvcments(s): (General Location) • main- Street Paving k•,(2a'O S i�T7`.,,,,yc,:+6 Ra )F/'a,-t(ri'f,V To b. p/ / 9/7 4l Otl,nc ///ft77cs Street Address or Other • Legal Description of Names of Petitioners • ' Property to be Served / (Must Re Property Owners) •`? C 7,+ �, � / St(/5 .../ ail. 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',. ;(46614:::it-} " 159 o t Lo if:. •.-•i .-,. a,S b 6:a462/- A-ctri7 11/4 07'2J-0fe C, _ 9- c7,-.__ )7 egi i).---io cr u../ 9- . .2- ta.zer cij 1 .S -e..e.r.,4_, ...p W. . ,e,eza_.“....,..e, .,ea,te., i 5 I,/7 . $41 4 4--e-4 el,40 /6-60y tO 654.X_ IF IS-W I 'I ! i 1 t(' • 1'.- /5 s I o f') .,; LL,A...0-,.., /511/7 1 "Palo, ,),,./2•74_./ / • • . . w „ . ,,. I. /fst), - to-•-• Ataa. (-------7)Aiti-ze ld 4 ri-y/7. s.e.de,,h6, ecce 64...,----, .2AL.- -,:re..-• is-7 e•1 91 I . . if - grit .... . .. _. „ PM TS: TEOA," A. T : CNA IX;A 11E., I CO . 136.;;:'.t; O.":0:: NEI..I?!;i. ;101.t,:TY G E1. :?: . : ..E.A POETS, NI ii.:ESOA SP.':•EC?: PE'.:3T ION • , TEE 11E.b.;.E.SIONFlu ENSIDE..TB T 7.13 7/.:ST (.2 S'.:1?• t..1..c.AVIED ADDITION 0? F.SAEN I:lE, PE.IT ION THE ::0:.• BOARD OF CazISSIONELS T.0 .f?MOVE.T":;1. UBE.A111;;; OF TEE ROAD ST::.1-ACE 0? PAT POr:110:: OP *. 7‘,3T 6e:33 (ALSO AS TO:"..J.1.1;76. E-V2E-71,1-:G 7.9:- !IQ:-: AY NO. 4 (CO:":TY) 0 T."1"; 11.S! TO •:101.14:f1) P0.0 )iD j4 " 3 r.i?.1 3 3 Is; : AIX 111 X I:.7* 0' INLIEA SI,CIA 7-7EAV: re..Le.*Zei I PuRt..ul: '2P SURFAVE IS INP...11AT TRAFFIC. '20/CD 11B1.1::AN 10.1. r & BSiASTThLLY AS A RES'1,T 0?R3:1DP,.TIAL "2E11," TDAF2IC DECO:r.E 1.CatAS 1:CIA Iti!,J-J.R.A.,16 1:1;Cti T SIECE SiIS hOAD EL, ',al.; TARS IT A F.?IC AS EMI.,AS LO"AD A:1D .:CE I; S .TiECO:E :1•7EC; AD :31.0=.3 A TEONO'GE,1•1A:!E .111FRIPII,D J 'ETITI WING POI% TKIS :Si TED COU:TT. • SEA' I /3-20/ 14. ei.etatr k.q6. Szfrft-e tuiTz yct„ Vicrzz effLiz- 6 1/12 /-) /6-",7 A g-OD livYwa 15.903 At - ,P tgke9ge/G r e.? 1C`43-4 ea4,_ Pi, f, 15 11 II'•(Is • tie„, , A-1.6 is`ii rae-4. orntito / Ve(adl • • • V79 SURVEYORS CERTIFICATE OF CORRECTION TO THE PLAT OF MILL CREEK 4TH ADDITION Pursuant to the provisions of Chapter 505.174, Laws of Minnesota, 1957, I John F. Dwyer, the undersigned, a registered surveyor in and for the State of Minnesota, declare as follows: That I prepared the plat of Mill Creek 4th Addition dated May, 1975 filed on July 31, 1975 in the office of the Registrar of Titles, Hennepin County, Minnesota in book 83 of plats, page 4. I hereby certify that said plat contains errors in the following particular to wit: The northeasterly line of Lot 1, Block 2 has two parts. The dimensions for these parts are 43.67 feet and 24.33 feet. The said plat is hereby corrected in the following particular to wit: The dimension of 43.67 feet should be 43.33 feet and the dimension of 24.33 feet should be 24.67 feet. Dated: September 16, 1975 �s . �• „tAt ' stered Surveyor No. • :4 S. e of Minnesota The above certificate of correction to the plat of Mill Creek 4th Addition has been approved by the City Council of Eden Prairie, Minnesota, at a regular meeting �. thereof, held this day of , 1975. CITY COUNCIL OF EDEN PRAIRIE BY Clerk } • • O I. EDEN PRAIRIE, MINNESOTA WATER. WORK IMPROVIU•IENTS IMPROVEMENT CONTRACT 51-263 TRUNK WATER MAINS CHANCE ORDER N0. 2 • • • This Change Order No. 2 modifies the contract to provide for a change in the scope of the work under the original contract. ADDITIONAL BRANCH LINES AND SERVICE CONNECTION. The City of Eden Prairie requested the Contractor to add or revise branch lines and service connection in various locations. The Contractor agreed to provide the branch lines and service connection as requested for the following additions to the contract amount: Item Location Amount • 8" Branch Connection Section X, Line B, Ste 58+40 $ 751.10 6" Branch Connection Section XI, Line A, Sta 65+58 463.98 8" Branch Connection Section XI, Line B, Sta 5+75 908.91 2" Service Connection Section XI, Line B, Sta 8+95 466.42 Total $2,590.41 ADDITIONAL WATER MAIN BURY DEPTH. Due to water main realignments and greater than anticipated depth of existing encasement conduits, the Contractor installed certain portions of water main at a greater depth than originally indicated on the contract drawings. The Contractor agreed to install the water mains at the greater depth for the following additions to the contract amount: Item Location Amount Additional Pipe Depth Section IX, Sta 44+19 to Ste 46+78 $ 525.18 . Additional Pipe Depth Section X, Line Al, Sta 4+40 to Ste 5+56 401.63 Additional Pipe Depth Section X, Line B, Sta 6+90 to Sta 8+35 257.90 CO2-1 l • • Item Location Amount • • Additional Pipe Depth Section X, Line B, Sta 59+91 525.20 to Sta 61+25 $ Additional Pipe Depth Section XI, Line A, Sta 0+00 210.90 to Ste 1+56 • Total of 39 feet of Valves occuring at above 360.75 valve box extension locations Total $2,281.56 LOCATING EXISTING ENCASEMENT CONDUIT. The existing encasement conduit at Shady Oak Road and Flying Cloud Drive was not at the location shown on the contract drawings. The Contractor was required to prospect for the encasement conduit and found it to be approximately six feet deeper than indicated on the drawings. For the additional work required the Contractor agreed to the following compensation: • Item Amount • Prospect for encasement conduit $ 907.00. Relocate 12" DIP to meet conduit 278.00 • Total $1,185.00 ' • ' ADDITIONAL VALVES FOR AIR RELEASE MANHOLES. The City of Eden Prairie requested the Contractor to provide 2 inch gate valves in eleven Type A Air Release Valve • Manholes. The Contractor agreed to provide the 2 inch Gate Valves requested for the following additon to the Contract amount: Item Amount • • 11 - 2" Gate Valves $326.15 As a result of the change in work under this Change Order No. 2, the contract amount for Improvement Contract 51-263 is to oe increased by the sum of Six Thousand, Three Hundred Eighty Three Dollars and Twelve Cents. ($6,383.12). • CO2-2 • .1 1_NL.: ta __ • All other provisions of the contract remain unchanged. This Change Order No. 2 is recommended for adoption. BLACK & VEATCH By .. 3, Approved and Accepted pproved and Accepted . Date Date CITY OF �RAIRIE, MINNESOTA G. L. CONTRACTING, INC. {� �Q_/4-7a— Cs4~4- By By Title Title . CO2-3 1 4 . �_ rya - .. ... MEMORANDUM TO: Mayor and City Council THROUGH: Roger K. Ulstad, City Manager FROM: Marty Jessen, Director of Community Services/it.�• SUBJECT: Letter from Herb Mason of M. B. Hagen Realty Company offering to donate to the City 8 lots in the Paradise Valley area DATE: September 19, 1975 At the August 18, 1975, Parks, Recreation and Natural Resources Commission meeting, this matter was discussed as a communication to the City and the Commission,after a short discussion,took the following action: "Choiniere moved to accept the offer made by M. B. Hagen Realty Company in correspondence of July 18. Kingrey seconded, the motion carried with one dissenting vote." The lots being offered are lots 12 through 19, Block 2, Paradise Valley, which total approximately 2.3 acres. A portion of the lots is within the floodplain zone as delineated by the Watershed District and included in the City floodplain regulations. The lots are essentially unLuilda}ie and, as a result, they are tax delinquent for the y13,067.04 plus enalties. Of ts 9 The $ 1 taxes due through these years is $84 is for taxes with the remainder of$9,543 20 forps his amount, 3523 special assessments. The likelihood of this land going tax delinquent exists. This would occur in two years and at such time the State would offer the land for sale with the local units of government having the first opportunity to claim the land at no cost. If the City accepts the gift as offered by Mr. Hagen, past due taxes and assessments will have to be paid in order to record the deed. Should the land go tax delinquent, the City will still assume the cost of the assessments but this would occur out of the trunk sewer and water fund rather than out of a cash disbursement for taxes due at the time of accepting the gift. The opportunity for Mr. Mason to sell the lots between now and the time of tax forfeiture exists. Although it is unlikely because of the unbuildability of the land. The advantage to accepting the gift is that the land will be available two years earlier than waiting for the tax forfeiture procedure. The expected use for the property would be for a neighborhood mini-park with a small field game area (less than regulation size youth baseball), play structuros, and general open space. MJ:ip Enc. 1'eetd 71a11V %./15 141 July 18, 1975 i S 1• :: Mr. Roger Ulstad, City Manager M.B. HAGEN City of Eden Prairie 8950 County Rd. 4 REALTY - Eden Prairie, Mn.. 55343 Dear Rogers As per our telephone conversation of yesterday, I am enclosing herein 3 plats of Paradise Valley showing the Lots 12-19, Block 2, which back up to Purgatory Creek. This is the area that I suggested that Don Hagen and I deed over to the City of Eden Prairie for park purposes. Also enclosed is a copy of our Protective Covenants on the overall Paradise Valley subdivision, for your examination. I would hope that we would be able to have some sort of a park in this area that would fit in with the residential nature • of the overall property so as not to be in conflict with the best interests of the nearby residents. We would appreciate Harlan Perbix's opinion as to No. 1 of the Protective Cov- enants. Enclosed also is a copy of ledger showing our delinquent taxes from 1970 through 1975, along with special assessments. In my telephone conversation with Frank Brandt of the Minnesota Finance Department, telephone #348-3295, I confirmed the technique which the State would use that you explained to me. It is true that after their forfeiture in 1976 and upon app- lication by your City for the use of this property for a park purpose or such that they can title over the property to the City with no consideration. Provided that your office and the City itself wants this property for a park, Hagen and I will be willing to sign or transfer any title interests to same at no cost to the City. We wil] further furnish to you any soil studies that we have HOPKINS OFFICE made on this property, upon your request. 1014 Excelsior Ave. Hopkins,Minnesota 55343 • Yours truly, Phone 938.7681 St.Louis PARK 011ice - M, B. HA.G +I REALTY CO. 0010 Highway No.7 / SI.Louis Park Minn,55418 �/�/J0�r Phone 929-5511 f(Y / 1 / uU Heal txtale,Insurance, Herbert A. Mason • Mortgages,Appraisals, Commercial and Industrial Sales HAM/,h Enclosures • d - R(1 10R • • ... PARADISE VALLEY • ff., . . . ......,.....„,,,,,,,,,„....." APRIL,1960 EGAN,FIELD a NOWAK '.-'''/ 1.c.•` SURVEYORS — SCALE 1".eo• ..-s ' ...;:. ', '..'•-•:' \\-- t...,,,,• ..,... a, ...4,' ' ... ' 4 I ,, '4 1r / 4• ' : ,--=:. .1i..••••• ' lrik'„\-__.., -4.3?". 1 -- 6 : '• 5 ., , .' ,t4 ......: aa- ‘.. , 1-_, 1,::, , 4, ...: 5 .'.. `,. 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DECLARATION OF PROTECTIVE COVENANTS This Declaration,made this I4:h coy of Parch,1961,by • EDEN PRAIRIE CONSTRUCTION CO.,a ifircrewta corporation, WITNESStuTH THAT, WHEREAS, The Ibolas-nt oayu,.d1an is the amyl.of fool cease&vaia in Honnopin County, Winnetota,as follaviss Late 1 through 14,Block II Lots 1 ihtough 22,Cloak 2i lots 1 thrauph 15,Block 3i Glade`Cna} °idiot Two, Paradise Voilay,accordin3 to the plot of reseed and cat filo, HonnopIn County,Esoistrar of Titles,einnasota, the some le sirs boss fit thereof, . said caporatlon herby I ,.arcs cad svblects ail rd the lots In said ocieliien to the following cesdUHons, covenants, restrictions, cud rosasmtiens,and • covonants with the present and fosse escort of said fsemiwes shot ucch o said lots shall be convoyed and Anode salsa therwto as follows: • • 1 • Saito Biel That—Nora. • / • 1. Na lot shsll ho utrol except fen residential perpxos and seeds be lm,rev".•d by only ado detached,single;amity duelling not to oxcood tr+oria:Jos ht hcinbt. loth hove on ea:wir_d frivcte stvozo for at lest two dire which cor ;c ra oast to and bo integrated with iho a,chitooturo of tho d:w;ling. 2. Pia residence stall be permitted on any let which costa tors than$l6,C3 , exclusive of land valvo,bba:id u on mad:ct vaiuo preening et tl-n dote hereof, it being intended that all di/oilier!:stall Invo workman-Sip and materials tube:ortiaily the some ar t i tr fan Sho-.ntsic.%can In produced of tho minimum coil atoned heroin for the minimum',omitted dwelling sire. 3. Tha:groan'near area of tlw mein dwallln strurtera,oxctutive of one story open pctos_s and aorcres,shout bo net iess thou 11D3 ovens feet for a one story rieellir.a,nor lea thorn 7::ti:gnaw fret for a two:tcry dwailing. ftt r4+llirars '- of 1 1/2 star-is,with iinith.d livlrrj area in the u,t01rs pait;en thomaf,the rni t niv.r permitted.iv,t,II1 v,size si,all be iu 3:;+dare feet crcpe•cd or the mound floor a1ta, together with cote half of the area of flnleveci ISving sgoce above tho fir::floor. 7 4. No building drill be eroded,placed or oflcred on any building let until the oonstnsdion plan;and r,.aeificeitors raw a pion sha.vlr tint locution at Sl+e strurtu a have:xt,a C;I-::tiVed in.ante. by the fu+ilding Cur:mitti.e tiarainnitrr dostz rxtaci as to cor:futility and harmony of external i::ti^n with other 5 r.retti os in the subdivislon and ae to ths•locution of the building with re;cut to duets•a from lot line:. Ilse PuIlding Comrnitt.00 urea eisu apxa+o the location of tho building with rcccoct to tc sevm;thy,strcot and fint<hrd around elevators,external color t hrtmo and kohl ion and construction of fervor cod walls. • 5. The Zeildir.;Carunittoa shall const..t of John Gullikkaon and Herbert A. Mason or of a rcpre^..00tetiva doe! noted by tho members of the Building Co.nr:tit:on. 7tac Oufld'.ng Committee shell serve without etmpowztlor,and,in the evert:of till death,resignation cr inxpscity of ow rrr!ior,the remaining member shrill lutva full authority to act hcrcu-•dor or to d sl n-.a a rrf.resentative with 11':ce a..lority. The 17uild:ng Coenri ttee's coeval or d1r enrove)of Sxn•act I ovonuY»s rholt be in writing but,in the ovrnt that the GuUd'ug Committee,or its 'ceslenated representative foil:to net within thirty days biter the submission to it of erne:w ;fan plans and specific::tons as afar:Mid or If co rut!to crania the!m?:oveman hes . boon cornnturcrJ prior to the cern;.l.:tion t on.of,cup s.rval will not bo rotulred • and the related covenants drill ho dcsmed to lava boon fully complied rr,iria. • _2 _ • • id98' • • Tho powers and duties of the tiding Committee or Its ropresontatIvo shall • cease on the completed conshuction of tho last here on tie last lot of this subdivision. G.Epsomrnts for tho inrtaliction and maintenanco of utilities and dmTnap facilities aro reserved cs shown on the recorded plot and over the rear and side of oats lot In said ackiitien whore necessamy. — 7.All wells for domestic voter supply and all facilifies for sowolo dispoasl shall be installed in conformity with all op,llcablo municipal requirement and regulatiem Q.7hs following prohibitions shail be observed In the additions A. t•b sod,soil,rand or!I-royal shall lee sold or removed fran said wbdivlsloa without the written cement of the fuiidine Committee or its represcir„otivo,who from ti no to thus will d.iprete orcas within or adjoining raid ad.:division whore=plus material from eseavotions and Gradirr incidental to construction may be disposed of for the ultimate ben fit of the subdivision or lot owners within fie subdivision. • • B. No trailer,tent,chock,Farn?ta,outbuilding or bosrme:nt shall ha Used at any time w a res:dersce,caner torn sorority or permanently,and • no stricture nary Lro used for residence or ether papaw bolero it shall have bean completely finished on the exterior. C. No garbutto,refuse cr oShor unsightly chjeets or m terials mqy bo loft oxperad to do side or frdat view on any tot. A. No sign groator then 603 sac re inches shall bo plows!on any lot except skins e'the vendor or its agcust$. G No sledding poplars,box olden or other objectionable trots or shrubbery than lee planted. F. No fonces or wells shell be built,constnratal or emoted on arty of the lots to a hsicht.,attic than 5 foot abovo the iwmct adjacent nc'aerel or logicaily devetopcd finished erode,nor s elt any fences or wails for<mrd of the princlesl front lire of any drmlling be built to a croctcr hat st than 3 foot above such adjacent Grades,unless approved otherwise ly the fullding Committal. G. No horses,cows,sheep,goats,poultry,fowl or domestic animals of any kind,exeapt well mats sered da,,,s and cots and railed pet birds, frothed and kept as household p--ls,but not for breeding or commercial purposes,shall be kept on any of the lots. • 1f. No fuel or hoofing plant or inetnarafnr giving off block:moire or strong rx obnoxious odors shall be used or operatal and no noxious a • offansloo activities shell bo corrieed on upon any let,nor shall axythlnr bo done thereon which coy bo or may Lozano an annoyance or nuisrssce • in the addition. • • .�-�.�•:was..�_ .. . - • • • • Thor.%covnronts ell!!run with ti.v icnd and be bindlnn upon all v r oan clalmind rrdcr thorn farover from she date the covenants cro recorded. 10.fisfo.camant than M I,f prouaodinas of low or in equity cnilnt any pereon'ar fwsons.!aiming cc Mtrrmtinn to violate any covenants,elthor to rostrata the violcation%tt..r�af of to recover ckennysa. 11.invalidation of any ono of guests protective coverings by ju6!•,muet or court osd:r chat!in no mar er sheet any of the other of'aid envenoms,which stall remain in full force and affect. • 12.The f..re...nn r etnclvo covoronts em created to establish a c!etiio ble and uniform plan for the deveio,mtnt and prat ociIan of slid ariditlon,ad a; liar the benefit thereof e:c1 of the evnora end oil of the loi;stunvin and shill eniinue n covornnn:s nrnetn3 wins rho land in favor of all Lnedovs of rho premises In said addition.• • • EDF.N PPAIfEE CONSTkUCTICN CO. • BYr !ny f`m 4'4ltel-.-n • • Jebe v uI i t on,iTt et Air L.C_eiiiesson . _ Ellen 1..r;sr etar>,t,k'ico-wrzeicr.at• ,,�r�iq_�rlv+tt A. Ar_u�s • Iarbsrtn.:/as,04l, vie:were:44:W • • c natd F.tt:-ren • ra risgan, • sou?cy-u�s arcs. STATE OP MINNISOTA ) cs COUNTY CP itEi4iNt?iN • Cothis 1416 day of Ahrrah ,T°l+1,before rrse upoeurod .bhn C-ullic4sxs, Elton L.G+sillc;•ors,H_rbert A.Moron,Donald F.tia?cn,torso personally known,ciao,being i;mo duty%worn,aid say that they aro the I asklont,Mee Presidents,and Sear Tory irerriurer of Edon Prairie Cassttuetleo Co., a carpaalfon,flint tho real cfflxod to the fonviceing instrument is the eorporota reel • of said corporal4ai,cud tisor saki lnstrtcnentwoe an cutcd in behalf of raid eki:rastan by auihorify of lie Board of Direct.=and that told Jotar Cuitiekroa,Glen L. 11.:t e, Fbrbori•A.Akron,Daniel F.I-E en,acl nowiodgod sold irranu sont to Ego ttv u•hr oat and fiend of said nos tas. .fr•I k,P.t•1 jrin ss • iuy su.itc, Iknnapia County,!r'tr.W.41iu. 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Transportation ��%wo f_t\-=' eke l� Advisory Board � rw ct t6e, 300 Metro Square Building.7th Street and Robert Street,Saint Paul.Minnesota 55101 Area td12,227-9421 September 10. 1975 Commissioner of Highways • Chairman,Metropolitan Transit Commission Chairmen,County Boards Mayors or Council Presidents of Municipalities within Federal Aid Urban Boundary • RE: Federal Aid Urban Program: List of Approved Projects in the 1975 Annual Element Dear Public Official: A letter was sent to you in January soliciting trnnsirx ation projects eligible for Federal Aid Urban(FAU)funds for the calendar years 1975 through 1979. Attached is a list of projects determined to be eligible for FAU funding in 1975. Projects with an"F"preceding the protect numbers have been approved for funding. The general procedure outlined brioev by the FAU Priorities Committed,a s.rbcomm:tttee cf the Technical Advisory Committee in determining projects to be funded: 1. Development of criteria to be used in developing a program 2. Determination of eligible projects 3. Assignment of point ratings to projects 4. Development of rccomint eded pre-pais based on funds available After review and approval by the Transportsti^m A•iv'.e,acy Board,approval by the Metropolitan Council with concurrence by the Minnesota Highway ilupettenent tleaS obtained. if you have questions about why a project was not fended or what the next step is if the project was funded,it is recommended that you contact your Mum•_sots+ ijigi:wcy Department,State Aid Engineer. They are: District 5. Chuck Weichselbaun,, 545-3761 and Distriei 9. lice ira:cFadden, 773-2311. The financial commitment of the Iranspot-t Lou eiviscry hoard for 1975 projects will terminate 90 days rifler adoption of the next year's program. A solicitati,e r rc t e for FAU funds in the celoruku veers 1976-196O will be sent Cur later this year. if you have questionsal. t :.�,!-l..iristion Advisory Board o:their procedures,please contact: • Clemrn:Springer, Transportation Coordinator Trunsr~orit ionAdvisory Board Seite 300, Metro Square Pudding soint Paul, Mi:vresota 55101 Sincerely. Fre�L. Drnuirul,CluiuSianU Transportation Adviuoey board cc: County/City Administrator County/City Engineer CDS:Ih • 4032 An AgenusyCreated to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka Cmeity c Carver Comity o Dakota County a Haanaimn County o 13atnrey County.e BeateCatutty rr Washington Camrnf,y 1975 Eligible FAU Projects Proj. Location Subm. Project Const. No. Co. City Ag. Description Cost ROADWAY CONSTRUCTION PROJECTS F 31 Kam. St. Faul —MUD Kellogg Av. over FAI 94, etc. Reconstruct Bridge 2,000. F'88 Henn. Plymouth 'City T.H. 101-CSAHS . o2 T.H. 1 -1 6t 12-1.61 mi. Cd 788. 115 Wash. Woodbury Co. CSAH 18 (Bailey Rd.) CSAH 20 to CSAH 19- 359. 3.8 mi.-Shldr., Bit., Bikeway F 155 Henn. Mpls. City 19th Av.So.-ls Ret. Wall,to Wash. Ave. 0.14 mi. 9thnst. 420. F 209 Dak. Hastings City Pine St.-T.L 55 tow. 2nd St.-0.4 mi. C&G, 60. t. F 223 Henn. St.Louis Pk. City Louisiana Ave.-Walker to Oxford 0.45 mi.- 2,000. 4 Lane, Median, Sidew., etc. • F 224 Henn. St.Louis Pk. City W. 36th St.-Beltline Blvd. to WoodDale 0.76 mi.- 4 Lane, Curb, Sidew., etc. 600. • 226 Henn. St.Louis Pk. City Beltline Blvd.-W.36th to France 0.85 mi.- 350. 4 Lane, C&G, Bike/Ped. Sys. 376 Henn. Brooklyn Pk. City Humboldt Av.-73rd to Brookdale Dr. Reconst. 17©. Rdwy A Traf. Sig. F 415 Dak. Burnsville Co. CSAH 5 - CSAH 42 to Burns. Pkwy. Gr., Base, Bit., C&G, S.S. 350. 466 Ram. St.Paul City Kasota Ave.-Prior Av. to Snelling 0.3 mi.- 260. New Rdwy. Coast. F 467 Ram. St.Paul City T852 (Robert St.)-Replace Br. over CNW RR 1,100. ' g 483 Henn. Minnetonka City TH101-CSAB 3 to TH7 0.9 mi.-4 Lanes, Turn Lanes, Sig. Rev. 1,000. TOTAL 9,457 SAFETY PROJECTS . F 17 Anoka Anoka,Coon MHD TH242-Anoka to TR 65- 7.72 mi. Turn Lanes, Rapids, Blaine Shldrs:, etc. 200. F 285 Henn. St.LouisPk. Co. CSAH 5 (Mtka Blvd.) Texas Av. to Ottawa Av.- Widen & Sig. Rev. 389. TOTAL. 589• 1 //IV-5 Proj. Location Subm. • Project Const. No. Co. City Ag. Description Cost CAPACITY PROJECTS F 181 Anoka Columb.Hts. City Inter Central Av. & 4Oth Av. NE 15. 228 Henn. St.LouisPk. City Sig at Inter W 38th St. & Excelsior 20. F 229 Henn. St.LouisPk. City Sig at Meadowbrook & Excelsior Blvd. 40. F 232 Henn. St.LouisPk. City Sig at Minnetonka Blvd. & Toledo Av. 40. F 275 Henn. Plymouth County Chan TH101 & CSAH 6 300. F 278 Henn. Minnetonka County Chan Inter CSAH 5 & CSAH 18 193. F 288 Henn. Brooklyn Ctr.Councy CSAH1O-TH152 to Shingle Cr. Pkwy.-Sig. & Intercon. 83. F 295 Henn. Bloomington County Sig. Penn & 80th 50. F 296 Henn. Richfield County Sig. Intercon. at 76th & 75th on CSAH32 95. F 302 Henn. BrooklynCtr. County Sig. Intercon. at CSAH 57 & Logan Av. 50. F 430 Dakota Eagan County Sig. at Cedar Ave. & Cliff Rd. 35, TOTAL 921. TRANSIT PROJECTS F 7 MHD Carpool Computer match in Metro Area 86. F 148 Henn. Mpls. City Bus Lanes on Marquette and 2nd Ave. 501. • F 154 Henn. Mpls. City Nic Mall Ext Grant to 10th St.-Rdwy., Signals, Lighting 700. F*166 MTC Purchase 130 Buses 9,090. 174 Anoka Col.Hts. City Jct. 4Oth Ave. NE and Univ. Ave.-Bus Shelter 4. F 206 Carver Chaska County Bus Station-Chaska 10. . 233 Henn. St.LouisPk. City Jct. Louisiana Ave.& TH12-Bus Plaza 8. 234 Henn. St.LouisPk. City Jet. Cedar Lk. Rd. & Louisiana,Av.-Bus Plaza 10. 235 Henn. St.LouisPk. City Jct. Excelsior Blvd.6Louisiana Av.-Bus Plaza 5. 236 Nunn. St.1.o,,hd'k, City Jct. Mika. Blvd. & T!l1O0-Ntis Plaza 7. TOTAL 10,421 *Funding of 30 buses only as part of 1975 Annual Element. This represents the average annual number of replacement buses needed from 1975-1979. IV-6 Proj. Location Subm. Project Coast. No. Co. City Ag. Description Cost BIKEWAY/WALKWAY PROJECTS • F 79 Henn. Golden Val. .City Wianetka Av.-l0th Av. N. to TH55 Ped. Br. over TH 55 215. _ F 146 Henn. Mpls City Renwood Pkwy. to Loring Pk. Ped. Br. over FAI 94 480. 152 Henn. Mpls. City Marquette Av.-Near llth St. So. Ped. Br. Bet. Orch. Hall 6 Parking Ramp 280. F 192 *Henn. Eden Prairie City Co.Rd. 4 Bike/Walkway 3.94 mi. 97. F 237 Henn. St.LouisPk. City TH 100 at W. 26th St.- Ped. Br. over TH100 125. F 414 Henn. Brkly.Ctr. Ctiy TH 152 at Jct. TH100-Ped Br. over TH100 260. F 474 Ram. St.Paul City Shepard Rd.-Bike Under FAI 35E 50. TOTAL 1,507. * Part 1 only. 'MISCELLANEOUS PROJECTS 83 Ramsey Wh.B.Lk. City Extend Storm Drain 45, TOTAL 45• • September 17, 1975 Mr. Carl Jullie, P.E. City Engineer CITY OF EDEN PRAIRIE — 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 RE: Preserve Center Replat Dear Carl: The purpose of Registered Land Survey No. is to create several additional parcels of land from R.L.S. No. 1395, Tract C containing . either future buildable land areas, parcels for immediate homeowner turnover, or for possible future turnover as per requirements of the F.H.A. or V.A. Tracts for immediate turnover to The Preserve H.O.A. Tract C - Paved parking area with lease rights to Tracts B. D and E reserved for future parking. • Tract G - Swimming pool, diving pool, bath house and associated trails and open space. Tracts for possible future turnover. Tract A - Access roadway. Tract F - Joint parking and access facility. Tracts for future building programs. Tract E - Building extension or linkage. Tract B & D - Convenience commercial. Tract H - Neighborhood commercial, quasi-public or high density • residential. All points shown on the plat are currently visible for possible field inspection. A Total Environment Community-8920 Franco Rd.,Eden Prairie,Minn. 55343-(612)941.2001 Mr. Carl Jullie, P.E. September 17, 1975 Page Two The map base used by B.R.W. is an ortho connected aerial. If you should have any questions regarding the proposed R.L.S. plat, please contact me. Very truly yours, • 9' ERVlE /irit Donald L. Hess, Jr. -A.S.L.A. Vice President Architecture& Planning CARTER&GERTZ, INC. DLH/cml • • • • • to - TO: Roger Ulstad, City Manager FROM: John D. Franc, Finance Director DATE: September 19, 1975 • RE: Vouchers #7708 Foster Co. Drain, clean, refill oil, replace filters on three compressors. #7732 Metro Animal Patrol. 26 hours of patrol, 8 animals were impounded, 'I tag was issued. #7779 Northdale. Estimate #6. The project is 86% complete, 4% is being retained. #7780 Barbarossa. Estimate #9. The project is 66% complete. 4% is being retained. #7781 Lamppa. Estimate #12. The project is 78% complete. 10% is being retained. • • IX • September 19, 1975 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 09-05-75 7666 FRANK AND SALLY POBUDA Void out check (33,745.00) 7667 VOID CHECK 7668 EDEN PRAIRIE JAYCEES City share of July 4 fireworks 250.00 7669 ROBIN ZIIMERMAN Teen work program 96.00 7670 METROPOLITAN WASTE CONTROL COMMISSION July reserve capacity charge 9,009.00 09-08-75 7671 BELINDA VEE SECRETARIAL SERVICE August services 175.00 7672 WILLARD EGGAN CONSTRUCTION 90% payment for pinic pavilion 13,140.00 7673 EVA MCCLUNG book 4.00 7674 STATE OF MINNESOTA Sales tax report for August 845.25 7675 INVER HILL COMMUNITY COLLEGE Course for Ed Sherman 30.75 7676 INVER HILLS COMMUNITY COLLEGE Course for Wayne Sanders 30.75 7677 FRANK AND SALLY POBUDA Replacement for check 7666 R/W easement 33,245.00 7678 UNITED WAY Contributions withheld 9-5 61.27 • 7679 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employer ASSOC. contributions 9-5 3,664.21 7680 FEDERAL RESERVE BANK Taxes withheld 9-5 3,664.44 7681 INVER HILLS COWMUNITY COLLEGE Course for Lowell Thane 30.75 09-10-75 7682 HENNEPIN COUNTY Taxes on H. Kopesky property 934.70 7683 NO. MEMORIAL MEDICAL CENTER Emergency medical tech class- Public Safety dept. 35.00 7684 ST. BONIFACIUS Fire Dept. WAFTA fire school for 5 men 50.00 09-17-75 7685 INSTY-PRINTS Printing-Public Safety dept. 15.81 09-19-75 7686 SCOT!" ANDERSON Expenses 7.50 7687 ALBINSON Supplies-Engineering dept. 16.80 7688 A & G DRAFTING Guide plan maps-Planning dept. 24.00 7689 ACRO-ADROIT, INC. Office supplies 252.04 7690 WILLIAM BYE Sept. services 60.00 7691 BANISTER SHORT ELLIOTT HENDRICKSON & ASSOC. Engineering services-Bryant Lake swr 8,459.87 7692 BLUE CROSS INSURANCE Employees insurance 1,572.24 7693 GRAYDON BOECK, INC. Engineering services-Bryant Lake swr 400.00 7694 BRAUER & ASSOC. #169 study - planning dept. 813.09 7695 BRAUN ENGINEERING Testing-Ring Road 165.00 7696 BARR ENGINEERING CO. Engineering services-Neill Lake drainage 6,832.37 7697 CHANHASSEN AUTO PARTS, INC. Automotive Repair Parts 101.31 7698 CITY OF RICHFIELD Municipals dinner registration 97.50 7699 JAMES CLARK Expenses 9.60 7700 CITY OF EDINA Spring test 47.00 7701 CONVEYORS INC. Parts- Water plant maint. 31.47 7702 CHAPIN PUBLISHING CO. Bid notice 48.28 7703 CLUTCH & U-JOINT SERVICE Equipment parts 75.25 7704 DUN-DONNELLEY PUBLISHING Subscription-Fire dept. 10.00 7705 EDEN PRAIRIE SCHOOLS Fuel and repair to table damaged in summer recreation program 7,140,64 7706 FRONTIER LUMBER Misc. supplies - Park signs 150.87 iio9 4 Septmeber 19, 1975 09-19-75 7707 JOHN FRANE • August expenses 13.20 7708 JOHN HENRY FOSTER CO. Repairs at Water plant 856.40 7709 FLYING CLOUD OIL Fuel 4.50 7710 GLIDDEN PAINT Paint forHockey rink 116.53 7711 GROUP HEALTH PLAN, INC. Insurance for employees 718.24 7712 GRAHAM PAPER CO. Xerographic paper 205.00 7713 GIL'S TIRE Repairs 12.50 -. 7714 GENERAL COMMUNICATIONS Repairs to pagers 49.50 - 7715 HOPKINS RADIATOR Heater repair 32.00 7716 HOPKINS INSURANCE Workmans compensation insurance 377.00 7717 HILLCREST SAFETY EQUIPMENT Batteries 20.25 7718 JACK HACKING Expenses 26.60 7719 HENNEPIN COUNTY Wood chips for Park dept. 471.67 7720 HENNEPIN COUNTY 1975 charges for radios and teleprinters 2,406.34 7721 INSTRUMENTATION SERVICES Radar service 49.00 7722 INGRAM EXCAVATING Services- Hiawatha Area Restoration 42.00 7723 CARL JULLIE Expenses 107.50 7724 J. C. PENNYS Speedometer Test 32.00 7725 KRAMER'S Repair supplies 103.15 7726 LOWELL LUND Expenses - State fire convention 27.90 7727 LOCAL GOVERNMENT INFORMATION SYSTEMS Services 1,248.74 7728 LEEF BROTHERS Rugs for City Hall and Public Works Bldg. 79.25 7729 JOAN MEYERS Sept. services 60.00 7730 RAY MITCHELL Expenses-State fire convention 34.50 7731 CHERYL MCMAHAN Chaperone services for Summer Fun program trip 9.00 7732 METROPOLITAN ANIMAL PATROL August services 317.75 7733 MATT'S AUTO SERVICE Towing service 67.00 7734 MODERN TIRE CO. Equipment parts and tires 405.81 7735 MIDWEST ASPHALT CORP. Asphalt 1,998.79 7736 MINNEAPDLIS STAR Ad for employment-Public Works dept. 24.00 7737 MAYVIEW RADIO Repairs on radio units - intercom 265.10 7738 MASON PUBLISHING CO. Book-Public Safety dept. 79.00 7739 DOUG BRYANT Football state tournament fee 79.00 7740 MEDICAL OXYGEN Oxygen-Fire dept. 54.92 7741 MOON VALLEY GRAVEL CO. Gravel for Park dept. 18.75 7742 MINNEGASCO Services 68.99 7743 MINNESOTA FIRE INC. Regulators-Fire dept. 39.50 7744 NATIONAL RECREATION & PARK ASSOC. Game book 6.95 7745 NORTHERN STATES POWER CO. Name and address update 9.90 7746 NORTHERN STATES POWER Services 2,511.04 7747 NORTHWESTERN BELL Services 1,267.08 7748 DAVID OSTERFIOLT Sept. services 75.32 7749 SIDNEY PAULY Sept. services 60.00 7750 VOID CHECK 7751 WOLFGANG PENZEL Sept. services 60.00 7752 PERBIX, HARVEY, SIMON, & THORFINNSON Legal services 4,053.35 7753 DWIGHT PICHA Services-Planning dept. 135.00 7754 DOUG Expenses-State fire convention 22.33 alO - September 19, 1975 09-19-75 7755 PINK SUPPLY CO. Bath towels-Public Safety dept. 110.00 7756 PHOTO QUICK Film-Public Safety dept. 15.52 7757 PEPSI-COLA BOTTLING CO. Employees pop 408.35 7758 R. C. PRINTING CO. Police ID card 1.00 7759 MICHAEL ROGERS Reimbursement for printing services paid for for Michael Rogers 8.10 7760 RIEKE-CARROLL-MULLER ASSOC. Services-Cty#1 wtr&swr, Lochanburn Area, and Beach Rd&Circle 8,460.31 7761 SOUTHWEST PLUMBING Services-Scenic Heights(Will be paid by contractor) 113.50 1 7762 7HI DRUG Film development-Fire dept. 3.84 7763 WAYNE SANDERS Reimbursement for film developing 3.56 7764 SINGER BUSINESS MACHINES Supplies-Engineering dept. 6.66 7765 SEARS, ROEBUCK & CO. Parts for equipment 24.50 7766 STEWART SANDWICHES Sandwiches for concession stands 45.60 7767 STATE OF MINNESOTA Inspection & testing services for Ring Route, and TH169 Ring Road 856.50 7768 SATELLITE INDUSTRIES, INC. Portable restrooms-Park dept. 244.94 7769 SUN NEWSPAPERS, INC. Ads 124.64 7770 STANDARD LAW ENFORCEMENT SUPPLY CO. Evidence tape-Public Safety dept. 2Z.50 7771 SUN NEWSPAPERS, INC. Notice of bond sale 35.93 1 • 7772 JOHN TEMAN Refund on Levy 5627 18,995.43 7773 THRIFTY PRINT Printing services-Public Safety 85.00 7774 TOWN'S EDGE FORD Equipment repairs 561.40 7775 VIKING INDUSTRIAL CENTER Uniform-Public Safety dept. 21.17 7776 WATER PRODUCTS CO. Misc. supplies and parts and meters for Water dept. 925.04 7777 XEROX CORPORATION Service and supplies 852.56 7778 PAT ZAGAROS Summer teen work program 7.50 7779 NORTHDALE CONSTRUCTION CO. Services Lochanburn area 63,066.59 7780 BARBAROSSA & SONS, INC. Services-Bryant Lake Swer 136,538.04 7781 LAMPPA CONSTRUCTION, INC. Services-Ring Route 86,863.35 TOTAL 394,975.64 jj• I CLERK'S LICENSE APPLICATION LIST September 23, 1975 PLUMBING Rother Plumbing, Inc. HEATING & VENTILATING • Jack Gores & Sons O'Brien Sheet Metal, Inc. CONTRACTOR (1 & 2 Family) Sunrise Homes, Inc. Gerry Construction, Inc. CONTRACTOR (Multi-family & Comm.) Elder-Jones, Inc. These licenses have been approved by the program head responsible for.the licensed activity. )41(A-et/M.at1/4.1./L/s1/41,1e14.044,.... Rebecca Quernemoen, Deputy Clerk