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HomeMy WebLinkAboutCity Council - 05/25/1976 JOHN FRANE EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 25, 1976 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Fenzel, Billy Bye, Sidney Pauly, Joan Meyers and Tim Pierce COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Harlan Perbix; Planner Dick Putnam; Finance Director John Frane; Director of Community Services Matty Jessen; Engineer Carl Jullte; Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS. II. MINUTES A. Minutes of the Regular Council Meeting held Tuesday, .Page-2364 May 4, 1976. B. Minutes of the Regular Council Meeting held Tuesday, Page 2374 May 11, 1976. III. APPOINTMENTS A. Appointment of 2 Youth Members to the Human Rights Commission. B. Appointment of citizen to the Sign Review Committee. IV. ORDINANCES & RESOLUTIONS A. Resolution No. 1142, expressing Eden Prairie's opposition to locating a Chemical Waste Disposal Site within the community. Page 2384 B. 2nd Reading of Ordinance No. 330, regulating consumption and Page 2341 display of intoxicating liquor in certain preTtses, serving of set- ups, and imposing additional fees for State Permit under MSA 340.119. C. 2nd Reading of Ordinance No.1331; approving the rezoning request Page 2385 • for Gelco to rezone approximately 9 acres from I-5 Park and Public to Office for construction of a parking lot. Council Agenda - 2 - Tuesday, May 25, 1976 P1. ORDINANCES & RESOLUTIONS (Continued) • D. 1st Reading of Ordinance No. 332, relating to and establishing Page 2396 subdivision regulations for the platting and subdividing of land and amending Ordinance No. 93, Section 11, Subdivision 1, relating to Parks, Playgrounds, Public Open Space, Storm Water Holding Areas or Ponds. E. 2nd Reading of Ordinance No. 329, amending Ordinance No. 280, Page 2398 establishing utility rates.f F. 2nd Reading of Ordinance No. 326, rezoning the Mitchell Lake Page 2399 PUD from Rural to R1-13.5 for the single family area and RM 6.5 for the townhouse area. G. Resolution Ne. 1141, request for Eden Prairie to participate in Page 2414 H.E.C.O. V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports by Council members. 13. Report of Director of Community Services 1. Consideration of purchasing the Schattkerger property at Page 2415 Lake Riley. • 2. Lake Riley Operations - 1976 -- Recommendation from the Page 2427 eParks, Recreation & Natural Resources Commission. 3. Recommendation from Parks, Recreation & Natural Resoles Page 2429 • Commission for Park Acquisition in the North Central,part of the community. 4. Reading Center Lease Page 2436 • 5. Report on Nine Mile Creek Watershed District Tour of Mount Normandale Lake held Monday, May 24, 1976. Page 2440 C. Report of City Manager 1. Discussion on Suburban Hennepin County Organization. 2. Authorization for Representation In Joint Public Works Page 2441. Negotiations for 1977 with I.U.O.E., Local No. 49, D. Report of Finance Director 1. Payment of Claims Nos. 1432 - 1546. Page 2447 2. Clerk's License List. Page 2450 Council Agenda - 3 - Tuesday, May 25, 1976 D. Report of Finance Director (continued) 3. Consideration of proposals for insurance. Page 2451 4. Demonstration of IBM voting punch card system. VI. NEW BUSINESS /� VII. }4DTOURNMENT. / UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 4, 1976 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye Joan Meyers Tim Pierce Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix City Engineer Carl Jullte Director of Community Services Marty lessen Finance Director John Frane Joyce Provo, Recording Secretary INIOCATION -Harlan Perbix, City Attorney ROLL CALL: All members present. (Bye arrived at meeting at 7:50 PM) I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the Council agenda under the "New Business" category: A. Homeowner's Associations B. Appointment of Human Rights Commission member. C. Question of library site lease. D. Association of Metropolitan Municipalities meeting. E. Meeting scheduled for May 12, 1976 in Robbinsdale for municipal officials. P. Sign Ordinance review G. Edengate proposal. MOTION: Meyers moved, seconded by Pauly, to approve the agenda with the inclusion of the 7 afore mentioned items. Motion carried unanimously. II. PUBLIC HEARING A. Proposed bituminous surfacing on Staring Lane and Ridge Road, I.C. 51-287, Mayor Penzel outlined the procedures for public hearings. 2?10Y Council Minutes - 2 - Tuesday, May 4, 1976 A. Proposed bituminous surfacing on Staring Lane and Ridge Road, I.C. 51-287. (Continued) City Manager Ulstad explained that an affidavit of publication is on file and the public hearing was called for as a result of a petition received March 24, 1976 signed by property owners requesting this improvement. City Engineer Jullie outlined alternatives for Council's consideration: 1. Double seal coating application over 3" crushed blacktop base Cost$425.00 per lot 2. Paver-laid 2" bituminous matt Cost$700.00 per lot 3. City staff prepare subgrade and place recycled blacktop base Cost$390.00 per lot 4. Seal coat only Cost$270.00 per lot The following property owners appeared in opposition to this improvement: Mrs. Roy Jaszczak, 15081 Ridge Road, Doug Olson, 9030 Staring Lane, Gerald Schwankl, 9090 W. Staring Lane, Jim Peterson, 9161 E. Staring Lane, Floyd Olson,15130 Ridge Road, Donna Vasiliades, 9190 W. Staring Lane, Mrs. Ron Ostman, 15080 Ridge Road. Main reasons for opposition ware cost and the fact that the road would have to be dug up when sewer and water come through the area. Doug Olson presented a petition to the Council noting that 85.7% of the people in the affected area signed the petition in opposition to this improvement. (Petition attached as part of minutes). City Engineer Jullie explained that Staring Lane and Ridge Road would be oiled once a year, and if the residents desired more treatments it would be at their own expense. Mayor Penzel noted the lettei5received from Eugene and Margaret Pexa, 9031 W. Staring Lane, and Mr. & Mrs. Tim Banker, 15060 Ridge Road, and requested these be entered into the record. MOTION: Bye moved, seconded by Meyers, to deny approval of I.C. 51-287 for bituminous surfacing on Staring Lane and Ridge Road. Motion carried unanimously. 2345 Council Minutes - 3 - Tuesday, May 4, 1976 III. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 322, rezoning properties surrounding County Road 4 and T.H. 5 to Planned Study MOTION: Meyers moved, seconded by Pauly, to approve the 2nd reading of Ordinance No. 322, rezoning properties surrounding County Road 4 and T.H. 5 to Planned Study. Motion carried unanimously. B. Resolutions No. 1129 and No. 1130 for correction of recorded utility easements, I.C. 51-269. • MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No. 1129, correcting recorded utility easement on Scroggins property. Motion carried unanimously. MOTION: Pierce moved, seconded by Meyers, to adopt Resolution No. 1130, correcting recorded utility easement on Loren Irvine property. Motion carried unanimously. IV. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from the Hopkins/Minnetonka/Eden Prairie League of Women Voters for a contribution from the City to help sponsor "Town Meeting" day held May 1, 1976. City Manager Ulstad explained he had talked to Mrs. Dietz,coordinator of raising funds for the "Town Meeting" day from the League of Women Voters. Mrs. Dietz explained that at the present time all of the bills have not been received so it is hard to say whether there is a shortage of funds. The Bicentennial Committee has contributed$150.00 toward this ev3nt. MOTION: Meyers moved, seconded by Bye, to authorize expenditures of up to $200.00 to help defray the cost of the "Town Meeting" day held May 1, 1976. Roll Call Vote: Meyers, Bye, Pauly, Pierce and Penzei voted "aye". Motion carried unanimously. V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members. 1. Councilman Pierce reported on the Parks, Recreation & Natural Resources Commission meeting held Monday, May 3, 1976. 2. Councilwoman Meyers reported on the'Town Meeting"day held May 1st sponsored by the League of Women Voters. 3. Councilwoman Pauly reported on the Planning Commission meeting held April 26, 1976. ,24 Council Minutes -4 - Tuesday, May 4, 1976 B. Report of Director of Community Services 1. Tax forfeited property at Westgate Director of Community Services Jessen explained that he met Thursday, April 29, with some of the neighbors from the Westgate area regarding their interest in turning this tax forfeited piece of property into a mini park. Mr. & Mrs. Flavin also attended the neighborhood meeting and led a discussion on their experiences with Sterling Field, which is a mini park In their community. Mr. Jessen further stated that the general reaction at this point is that there just aren't enough people in the area interested in this property being turned into a mini park. Concerns seem to be: 1) Too small an area, 2) Round Lake lies across the road, and 3) how would it affect the immediate adjoining two houses. Wes Johnson, 7481 Westgate Lane, verified Mr. Jessen's remarks. MOTION: Bye moved, seconded by Pierce, to adopt Resolution No. 1121 approving the sale of the tax forfeited property at Westgate by Hennepin County. Motion carried unanimously. VI. NEW BUSINESS A. Homeowner's Associations Mr. Ulstad explained that we do have a lot of information regarding Homeowner's Associations, but that this information has not been reviewed by Commissions or Council. Questioned if the Council would appreciate the Planning Commission and Parks, Recreation & Natural Resources Commission taking a look at this and then bring it before the Council. Joel Fleischer, 8793 Basswood, The Preserve, expressed his concern regarding any future action on Homeowner's Associations, especially pertaining to existing Homeowner's Associations. MOTION: Bye moved, seconded by Pierce, to refer this matter to the Planning Commission and Parks, Recreation & Natural Resources Commission for consideration and recommendation as to process to be used. Motion carried unanimously. B. Appointment of Human Rights Commission member. Mayor Penzel recommended Michael Dardis to be considered as a member to serve on the Human Rights Commission. MOTION: Pierce moved, seconded by Bye, to appoint Michael Dardis as a member to the Human Rights Commission. Motion carried unanimously. Council Minutes - 5 - Tuesday, May 4, 1976 C. Question of Library Site Lease • A further report will be submitted to the City Council on this Item within a month. D. Association of Metropolitan Municipalities meeting. Mayor Penzel reminded the Council of the Association of Metropolitan Municipalities annual meeting to be held May 19th at the Golden Valley House. Urged Council members to attend. E. Meeting scheduled for May 12, 1976 in Robbinsdale for municipal officials. Mayor Penzel announced there would be a meeting at the Robbinsdale "Civic Center" for municipal officials on May 12th. F. Sign Ordinance review City Manager Ulstad explained that the Planning Commission will be discussing the Sign Ordinance at their next regular meeting. G. Edenqate proposal i The following motions were made by Council members: MOTION: Meyers moved, seconded by Pauly, that the City Clerk be instructed to return to Gerald Pautz and R. F. Pautz, President of Pautz-Franklin Realty, the application of Eden Prairie Townhouse Company dated February 11, 1975 on the grounds that the commercial business name, Eden Prairie Townhouse Company, has not been filed in the office of the Clerk of the District Court of Hennepin County and a certificate executed and published in accordance with the provisions of Section 333.01, Minnesota Statutes. This shall be without prejudice to the filing of an application in compliance with Minnesota Statutes and the Zoning Ordinance of the City of Eden Prairie. Motion carried unanimously. MOTION: Bye moved, seconded by Meyers, since the application of Gerald B. Pautz and Pautz-Franklin Realty Company doing business as Eden Prairie Townhouse Company dated March 19, 1976 and filed March 22, 1976 "is made as an alternate only to applicant's previous application to develop the site with 206 townhouses. This application does not replace or constitute withdrawal of said previous application, which application shall remain in full force and effect.", the planning commission is instructed to defer any further action on said application of March 19, 1976 until the applicants have filed an application in compliance with the Statutes of the State of Minnesota and the Ordinances of the City of Eden Prairie "to develop the site with 206 townhouses." Motion carried unanimously. 267 Council Minutes - 6 - • Tuesday, May 4, 1976 VII. ADJOURNMENT 'MOTION: Bye moved, seconded by Penael, to adjourn the meeting at 9:10 PM. Motion carried unanimously. tilt • • 2549 •61 1 .. .t • 1 \ • .. .. - . . . 4 1 . 11 1 P 1 l' ' • 4 Q s \k'. ikJP`I' • . ' • -- . i .1' r '''' . i .. il 1 . UJ 4 ,1 t - .,)R ' IL . --1:% 31 $ 1 7) 1 ) r ' . , , • UIT$,dc*, • •,., 14 -4 *pl.t, \* ) ". ' 4 . i "`1 :'\ '' f.i . . " - • '• 41c,'- '' \' -rj \ ,1 — ' ,( •+ -4, - . • . . . ,.\ 1 ) 14 \ .1 ...r.\ 1 -14 s\1 1 .) ,,.0 . . )--., k) )- 0 k i '-- i . 9,310 9031 W. Staring Lane May 4, 1976 To Mayor t olfgang Fenzel and Uouncil Members—Eden Prairie City Council. When the petition for improving Staring Lane was passed around several weeks ago most people were under the impression that it would be the same as what Sunrise Circle has and which we could of had for $77.91 per residential unit in the fall of 1969 and a majority residents signed the petition for this improvement. Then When the two cost estimates for the two alternates were known most of the people were turned off on the improvement and a second petition was passed around which may have a •' majority against the improvement. If we could have the same improvement as Sunrise Circle the cost may be less then the $14,600 and the $27,000 alternates and most of the residents may be in favor of this. Could a cost estimate be made on the same type of bituminous surfacing as Sunrise Circle has based on present day rrices? It will no doubt be higher in cost than the coot in 1969 due to inflation, higher wages and higher operating costs but may still be satisfactory to moat of the residents. Sunrise Circle improvement is going on the seventh year and it still looks good although there is some patch work it looks like it should last two to three more years. We are infavor of either the two alternates the Eden Prairie Engineering Dcpt. has proposed as either one would be better than the seal coat on Sunrise Cirsle. The oiling for dust control as it has been done the last few summers does not last long, oil is hard on tires, it also makes the tires elirpery and could cause an accident when you get on a hard surfaced road. It also gives off a strong odor. when you walk the street for mail etc. the oil sticks to the shoes and the moss is wiped on the carpeting. '. 6 (aontinucd) .8,7 ! (2) After a rain Staring Lane gets muddy and shuck holee develops soon. We are infavor of any type of bituminous surfacing. This would eliminate the dust ,the mud and *chuck holes and also make it better for biking. This would make it a much better community to live in. • • • EugeneE. rexa • . • Margaret A. Pexa 9031 E. Staring Lane • April 28, 1976 We the unders1Emed oppose the Bituminous seal coating on Staring Lane and Ridge Road: Name: Address: 1. /l/li• ,•4' 111.,i 1Qia•11 G_ S •.lfl////+Q. /150re i? Jj , OL, ���� f 1 2. 2),',; CY.'))/) I. 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' •27. • ✓ :•r /r ' -` , - /4'7h'// w:---r/Ld-....1 IJ.'ed-,7,..„-• y // ' ; _0• llly�i/��,....4� j_1 � tGf r /'1j � ) i1 l 31. _MN. r'�\�7�".1,Q�.4..w 71JA s attF•, �J.J/� w. , ./t i jw 32. 33. 34. 35. 2313 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 11, 1976 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye Joan Meyers Tim Pierce Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix City Engineer Carl Jullie Director of Community Services Marty lessen City Planner Dick Putnam Finance Director John Frane Joyce Provo, Recording Secretary INVOCATION - Mayor Wolfgang Penzel ROLL CALL: Meyers, Pauly, Penzel and Pierce present, Bye absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the Council agenda under the "New Business" category: A. American Red Cross Resolution. B. Discussion on article about reevaluation and taxes. C. South Hennepin Human Services Council request for partitions. D. Request from Don Peterson to consider setting a Public Hearing for June 1, 1976. E. Communication from Al Htlde, Ir., Mayor of Plymouth. MOTION: Meyers moved, seconded by Pierce, to approve the agenda with the inclusion of the five afore mentioned items. Motion carried unanimously. II. MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY. APRIL 27, 1976. Pg. 3, 2nd para., 1st line, strike "requested" and Insert "inquired"; 4th Para., line 6, strike "Shoreline" and "Association" and insert in lieu thereof "Shoreland" and "Act"; 5th para., 3rd line, strike "pennisula" and insert "project". u7Y Council Minutes - 2 - Tuesday, May 11, 1976 II. MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY, APRIL 27, 1976 (Continued) • Pg. 4, 1st para., last line, after"family" insert "on the pennisula". Pg. 5, para. 6, 1st line, strike "calls" and insert "reports". Pg. 7, 2nd para., 2nd line, strike "undate" and insert "update". Pg. 8, para. 5, 2nd line, strike "Parking Lot rezoning to Office" and insert in lieu thereof "request for rezoning to Office for parking lot". MOTION: Pauly moved, seconded by Pierce, to approve the City Council minutes of May 11, 1976 as published and corrected. Motion carried unanimously. III. PUBLIC HEARING A. Gelco Rezoning, request to rezone approximately 9 acres from I-5 Park & Public to Office for the construction of a parking lot. The site is located west of the Gelco Office Building within Area A of The Preserve Commercial Plan. City Manager Ulstad explained that an affidavit is on file and all affected property owners have been notified. Ulstad further stated that if a 1st reading is approved, then the Council could ask the proponent to submit any information the Council may be interested in. Gelco is in need of additional parking somewhere. They have gone out and purchased over and above what is to be used for parking facilities for future building. Mr. Emerson Greenberg, Gelco Corporation, appeared before the Council and outlined Gelco's proposal noting their request is for approval of zoning, which is the same as the PUD on the present site. Gelco is Inconclusive as to what will be done in the future. Norm Rogers, representing Mrs. Durheim (owner of 1 of the 2 single family homes adjacent to the site), and Mr. Connolly,(owner of the other single family lot), expressed their concerns regarding their specific lots. MOTION: Pauly moved, seconded by Meyers, to close the Public Hearing and give a 1st reading to Ordinance No. 331, approving the rezoning request for Gelco to rezone approximately 9 acres from I-5 Park& Public to Office for the construction of a parking lot according to the document submitted by Parker Klein Associates in the Certificate of Survey, recommendations of the Staff Report dated April 22, 1976,and recommendations of the Planning Commission dated April 26, 1976. Motion carried unanimously. 23% Council Minutes - 3 - Tuesday, May 11, 1976 A. Gelco Rezoning, request to rezone approximately 9 acres from I-5 Park & Public to Office for the construction of a parking lot. (continued) MOTION: Pauly moved, seconded by Pierce, that prior to the 2nd reading of Ordinance No. 331 the City Attorney draft a rezoning agreement to include recommendations that the 1973 PUD 73-10 be revised to include this additional parcel, that Area A scenic easement be dedicated to the City as public park land, any additional parking expansion or building requests will come before the City Advisory Commissions and Council for approval before building permits are issued, all temporary construction meet approval of the Watershed District, that a developers agreement will be required in conjunction with future building and/or parking expansion before building permits are issued, and .Gelco provide adequate screening to the existing properties. Motion carried unanimously. Mr. Greenberg requested that Gelco be able to do something with their grading as soon as possible. MOTION: Pierce moved, seconded by Pauly, to allow Gelco to start preliminary grading work on the temporary parking lot as long as the Developer's Agreement has been signed to the satisfaction of the City Attorney. Motion carried unanimously. IV. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 327, repealing Ordinance No. 29, granting temporary 3.2 beer license. City Attorney Perbix spoke to Ordinance No. 327 and answered questions of Council members. MOTION: Pierce moved, seconded by Meyers, to adopt the 2nd reading of Ordinance No. 327, repealing Ordinance No. 29, granting temporary 3.2 beer license. Motion carried unanimously. B. 1st Reading of Ordinance No. 329, amending Ordinance No. 280, establishing utility rates. Finance Director John Frane outlined his memo dated April 6, and spoke to Ordinance No. 329. MOTION: Pauly moved, seconded by Pierce, to give a 1st reading to Ordinance No. 329, amending Ordinance No. 280, establishing utility rates. Further that notice be published in the newspaper and direct staff to research freezing rates for senior citizens. Motion carried unanimously. )36 9 Council Minutes - 4 - Tuesday, May II, 1976 �s C. 1st Reading of Ordinance No. 330, regulating consumption and display of intoxicating liquor in certain premises, serving of set- ups,and imposing additional fees for state permit under MSA 340.119. MOTION: Pierce moved, seconded by Meyers, to give a 1st reading to Ordinance No. 330, regulating consumption and display of intoxicating liquor in certain premises, serving of setups, and imposing additional fees for state permit under MBA 340.119. Motion carried unanimously. V. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Reports by Council members. Councilwoman Pauly reported on discussion of the Sign Ordinance at the Planning Commission meeting held Monday, May 10, 1976. MOTION: Pierce moved, seconded by Meyers, to instruct the Planning Commission to establish a task force to consider the variance procedures and special circumstances as to large single site parcels of land that are non-PUD. Further direct the staff to contact the following to serve as members of this task force, with confirmation by the Planning Commission: (1) David Osterhoit, citizen member; (2) 1 Planning Commission member; (3) 1 Board of Appeals & Adjustments member; (4) 1 Chamber of Commerce member; and (5)1 City Staff member. Motion carried unanimously. B. Report of Director of Community Services 1. Cash Park Fee Policy - Final Recommendation Director of Community Services Jessen spoke to his memo dated May 7, 1976 and answered questions of Council members. MOTION: Pierce moved, seconded by Meyers, to receive memo from Marty Jessen, Director of Community Services, dated May 7, 1976, and refer matter to the City Attorney. Further that this item be continued to the May 25th Council meeting. Motion carried unanimously. 2. Communication from Parks, Recreation & Natural Resources Commission for definition of responsibility for Homeowner§Associations. MOTION: Pierce moved, seconded by Meyers, to receive the memo from Marty Jessen dated May 7, 1976. Motion carried unanimously. 2&77 __ . . _ Council Minutes - 5 Tuesday, May II, 1976 3. Eden Prairie Historical and Cultural Center. Director of Community Services Jessen spoke to his memo dated May 7, 1976. Carol Hone, Chairperson for the Bicentennial Committee, stated the Bicentennial Committee would like to declare the establishment of the Eden Prairie Historical and Cultural Center as the permanent project in commemoration of the Bicentennial event. Councilman Pierce directed staff to verify that the Eden Prairie Historical Society is incorporated. It was the consensus of the Council that the letter of understanding should include a statement to the effect that no major remodeling be done to change the Viska/Brown building from a residence. MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 1140, designating the Eden Prairie Historical and Cultural Center as the official Bicentennial project for the City of Eden Prairie. Motion carried unanimously. MOTION: Meyers moved, seconded by Pierce, that the Viska/Brown house be provided as the location for the Eden Prairie Historical and Cultural Center on a temporary basis, and that the staff direct a letter of agreement to be executed with the Eden Prairie Historical Society agreeing to the conditions and use of the building as outlined in memo of May 7, 1976 from Marty Jessen and as discussed by Council. Motion carried unanimously. 4. Chemical Waste Disposal Site General discussion took place among Council members pertaining to reasons why Eden Prairie is an unsuitable location for a Chemical Waste Disposal Site. MOTION: Meyers moved, seconded by Pierce, to direct staff to draft a resolution delineating reasons why Eden Prairie is unsuitable for a Chemical Waste Disposal Site. Motion carried unanimously. 5. Boat regulations on Staring Lake Director of Community Services lessen spoke to his memo dated May 7, 1976, and answered questions of Council members. Council Minutes - 6 - Tuesday, May 11, 1976 5. Boat regulations on Staring Lake(continued) MOTION: Meyers moved, seconded by Pierce, to direct staff to request the Department of Natural Resources to restrict the motor size to 20 horsepower or less on Staring Lake based on the Environmental and Water reports of the Purgatory Creek Study. Motion carried unanimously. C. Report of City Engineer 1. Consider bids for street paving on Eden Court and School Road, I.C. 51-286. City Manager Ulstad reviewed bids received and recommended .that the bid be awarded to Riegger Roadways, Inc., and Lundin Construction Co., a joint venture, in the amount of S44,981.85. MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No. 1135 awarding the bid to Riegger Roadways, Inc. and Lundin Construction Co., a joint venture, in the amount of$44,981.85 for I.C. 51-286, School Road and Eden Court. Motion carried unanimously. 2. Final plat approval for Maple Leaf Acres. City Engineer Jullie spoke to his memo dated May 6, 1976 and outlined Resolution No. 1136. • Mayor Penzel noted that grading did occur on this project prior to any grading permit being received from the City. City Manager Ulstad stated that grading did occur prior to a grading permit being issued because of a series of misunderstandings. However, Mr. Irvine will have to obtain a permit from the Engineering Department before any future grading. MOTION: Pauly moved, seconded by Pierce, to approve Resolution No. 1136, approving final plat of Maple Leaf Acres. Motion carried unanimously. 3. Receive petition for utility and street improvements on Heritage Road. City Engineer Jullie requested the Council receive the petition and order preparation of a feasibility report on I.C. 51-290. James Hoag, 7660 Heritage, presented a petition signed by residents on Heritage Road in opposition to Resolution No. 1137. (Petition attached as part of minutes). Council Minutes - / - lueauay, iviay 3. Receive petition for utility and street improvements on Heritage Road (Continued). MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No. 1137, receiving petition and order preparation of a feasibility report for I.C. 51-290, direct staff to investigate alternate means of serving just the Eliason petitioned lots, and also to investigate a design that would allow the least northerly extension of the laterals on Heritage Road. Meyers, Pierce and Penzel voted "aye", Pauly voted "nay". Motion carried. (Pauly voted "nay" because of relunctancy to order project in). MOTION: Pauly moved, seconded by Pierce, that staff be directed to proceed with the feasibility report only if the developer agrees to pay for the report. Pauly, Pierce, Penzel voted "aye", Meyers voted "nay". Motion carried. 4. Receive feasibility report for street improvements on Preserve Boulevard from E-W Parkway to Schooner Boulevard. City Engineer Jullie outlined the feasibility report dated May, 1976, prepared by Suburban Engineering and requested the Council set a public hearing date for this project of June 1, 1976. General concern expressed by Council members regarding the bikeway. Robert Silverman, attorney representing D. V. Anderson and Nancy Holmes, explained that he has not had any meaningful conversation with The Preserve as to property his clients own which would be subject to the special assessments of this improvement. Mr. Retterath, 9011 Highpoint Drive, expressed his concern regarding the safety of youngsters going to the Eden Prairie Center from The Preserve. John Bergen, 8705 Bentwood Drive, stated that the road from The Preserve to the Eden Prairie Center is the dustiest and worst road possible. MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No. 1138, receiving the feasibility report and calling for a Public Hearing for June 1, 1976 on I.C. 51-282, direct the staff to secure a letter of intent of right-of-way dedication from The Preserve and Eden Lard Corporation, direct the Preserve to report on the negotiations with Robert Silverman pertaining to land owned by his clients D. V. Anderson and Nancy Holmes, and instruct staff to secure an estimate for a trail. Meyers, Pierce and Penzel voted "aye", Pauly voted"nay". Motion carried. City Manager Ulstad offered to meet with The Preserve and Mr. Silverman to hopefully come to a conclusion on the D. V. Anderson and Nancy Holmes property. MOTION: Pauly moved, seconded by Pierce, to continue on with the Council meeting past 11:00 PM. Motion carried unanimously. a‘3a0 Council Minutes - 8 - Tuesday, May 11, 1976 D. Report of City Manager 1. Request for authorization to appropriate up to $1,500 for consulting services for interceptor sewer system. City Manager Ulstad spoke to this request, noting that • both David Osterholt and Paul Redpath would be requested to review and provide any background information relating to the interceptor sewer. MOTION: Meyers moved, seconded by Pierce, to authorize staff to expend up to $1,500.00 for consulting services with Schoell and Madson, Inc., to be taken from the utility funds for the purpose of developing a position regarding the City's liability in connection with the metropolitan Interceptor sewer. Motion carried unanimously. • E. Report of Finance Director 1. Clerk's License List. MOTION: Pauly moved, seconded by Meyers, to approve the Clerk's License List dated May 11, 1976. Motion carried �. unanimously. 2. Payment of Claims Nos. 1308 - 1431. MOTION: Pierce moved, seconded by Meyers, to approve Payment of Claims Nos. 1308 - 1431. Roll Call Vote: Pierce, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Communication from Laura Lee Geraghty, Director, Governor's Office of Volunteer Services (dated May 4, 1976). Mayor Penzel spoke to the communtcatton received from Laura Lee Geraghty, Director, Governor's Office of Volunteer Services, whereby Governor Anderson has set aside a special "Volunteer Recognition Week". General discussion took place concerning a way in which the City of Eden Prairie can give proper recognition to the City's volunteers. VII. NEW BUSINESS A. American Red Cross Resolution Councilwoman Meyers spoke to communtcatton received from Sharon Meyer, Community Programs Director, American Red Cross (dated 5/7/76), requesting support from Eden Prairie for the Red Cross Volunteer Transportation Service. 9,3Z Council Minutes - 9 - Tuesday, May 11, 1976 A. American Red Cross Resolution (continued) MOTION: Pierce moved, seconded by Meyers, to adopt Resolution • No. 1139, supporting Red Cross Volunteer Transportation Service. Motion carried unanimously. B. Discussion on article about reevaluation and taxes. Councilwoman Meyers requested City Assessor Martz prepare an article to be published in the paper before the Board of Review meets on May 27, explaining why the 1976 values on the cards received by residents are so much greater than the 1975 values. C. South Hennepin Human Services Council request for partitions. Councilman Pierce requested the Council authorize an expenditure of$525.00 for South Hennepin Human Services Council to purchase partitions from Rosemount Engineering. The City would retain ownership of these partitions. MOTION: Pierce moved, seconded by Pauly, to authorize an expenditure of$525.00 from the contingency fund for the South Hennepin Human . Services Council to purchase partitions from Rosemount Engineering. Pierce voted "aye", Pauly, Meyers and Penzel voted "nay". Motion failed. Councilwoman Meyers explained that she would prefer services be provided to people rather than for partitions. D. Request from Don Peterson to consider setting a Public Hearing for June 1, 1976. MOTION: Meyers moved, seconded by Pierce, to set a Public Hearing June 1, 1976 for the Peterson/Glersvik property south of Mariann Drive and East of Forest Hill Road. Motion carried unanimously. E. Communication from Al Hilda, Tr., Mayor of Plymouth (dated May 6, 1976). Mayor Penzel spoke to communication from Al Hilde, Jr., Mayor of Plymouth, requesting representation from the City of Eden Prairie at the annual meeting of the Association of Metropolitan Municipalities on May19, 1976. Council members requested City Manager Ulstad attend as the City of Eden Prairie's representative at this meeting: VIII.ADJOURNMENT MOTION: Pierce moved, seconded by Meyers, to adjourn the meeting at 12:20 AM. Motion carried unanimously. '.� � e Si .a9O 1.r© . CeeS • t0 �u V r 10/74 / • 76 tio A. fy& G'--- 5f 0/16 ��{Ua . ye' LL 7& O W � /74 -FA.zzeAcegt, `/ 7 c/o w2 5A/76 a,L al 7 7/ca /4444,, 776r, /02u 7'l s ee4.; t;o•- (s.vy verym'e ed b e L'o;,v °.' Wee:4-y-e 'old. ) 5 ho ws -ILe yes i d'e d s «.re Jej,e,*,e,v 11I7 et-Aa,.vs1L reso/o/•'o,J 1137 Cor)eer el);00 q .54-ee iv+lrro✓ll,m-3e J /(�/f14..es, ?t�°- 1z. Voters ✓-es;a/.`,0c9 c.,J 4L- s tlrse7' ..,s I. 4-ke Coo,a,-;/ 40 res fe .4 d> v✓ 411Doogit:1-4 0ri WL;S ;AS v@. , 423.15 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1142 RESOLUTION EXPRESSING EDEN PRAIRIE'S OPPOSITION TO LOCATING A HAZARDOUS CHEMICAL WASTE DISPOSAL SITE WITHIN THE COMMUNITY WHEREAS, the City of Eden Prairie did in 1968 adopt a comprehensive Guide Plan for the community calling for planned residential, commericial, industrial, park and other uses; and WHEREAS, the City of Eden Prairie has attempted to implement this plan to the greatest extent possible for the benefit and enjoyment of all residents of the community today and in the future; and . WHEREAS, the City of Eden Prairie has invested great amounts of time and money in insuring the health, safety, welfare and well being of the residents of the community consistent with that 1968 Guide Plan; and WHEREAS, the City of Eden Prairie has assumed more that it's share of obligation for metropolitan facilities, including regional parks, a regional center, a sanitary landfill site and other facilities and services of regional significance; and WHEREAS, the Federal Government is considering the establishment of a National Wildlife and Recreation area along the Minnesota River as it tranverses the south boundary of the City of Eden Prairie; now, therefore, BE IT RESOLVED, that the Eden Prairie City Council does hereby express it's opposition to the concept of a hazardous Chemical Waste Disposal facility being located on a site within the City of Eden Prairie for the following reasons: 1. It is inconsistent with the City's overall comprehensive Guide Plan, zoning ordinances and other land use regulations. 2. It will require an increase in traffic within the community which existing and proposed road systems will not be capable of handling. 3. It will provide for adverse social impact on the community. 4. It is detrimental to the public health, safety and welfare of the community because of the unknown nature of such a facility and its ability to be designed and constructed and operated in a safe manner. • �'J -2- ADOPTED, by the City Council of Eden Prairie this 25th day of . May , 1976. Wolfgang Penzel, Mayor ATTEST: • John D. Frane, Clerk SEAL • t 2315 whp/es 5-14-76 (Gelco) ORDINANCE NO.331 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135. THE COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS: Section 1. Appendix A or Ordinance No. 135 is amended by adding to Section 13, Township 116, Range 22 as follows: DESCRIPTION OF PARCEL A A tract of land,lying and being in the County of Hennepin and State of Minnesota, described as follows: That part of Government Lot 5, Section 13, Township 116, Range 22, lying South of original State Highway No. 5, described as follows: Beginning at a point on the east line of said Government Lot 5 distant 844.50 feet south (as measured along said east line) from the centerline of said Highway No. 5; thence North 01 degrees 25 minutes 25 seconds East, assumed basis for bearings, along said east line, 544.50 feet, to a point distant 300.00 feet south (as measured along said east line) from said centerline; thence North 89 degrees 25 minutes 27 seconds West, parallel with said center- line, 280.00 feet; thence North 01 degrees 25 minutes 25 seconds East parallel with said east,line 260.00 feet, to the southerly right- of-way line of said highway; thence North 89 degrees 25 minutes 27 seconds West, along said right-of-way line, 101.75 feet; thence South 05 degrees 51 minutes 38 seconds West, 638.97 feet; thence South 01 degrees 25 minutes 25 seconds West, 37.24 feet; thence South 36 degrees 09 minutes 09 seconds East, 267.15 feet; thence South 71 degrees 35 minutes 30 seconds East, 217.16 feet; thence North 23 degrees 19 minutes 21 seconds East, 162.32 feet, to the point of beginning. Containing 6.5005 acres. DESCRIPTION OF PARCEL B A tract of land, lying and being in the County of Hennepin and State of Minnesota, described as follows: That part of Government Lot 5, Section 13, Township 116, Range 22, lying south of original State Highway No. 5, described as follows: -1 Ordinane No. Gelco Corporation Page 2 Beginning at the Southeast corner of said Government Lot 5, thence North 01 degrees 25 minutes 25 seconds East, assumed basis for bearings, along the east line thereof, 310 feet, more or less, to a point on said east line distant 844.50 feet south (as measured along said east line) from the centerline of said Highway No. 5; thence South 23 degrees 19 minutes 21 seconds West, 162.32 feet; thence North 71 degrees 35 minutes 30 seconds West, 217.16 feet; thence North 36 degrees 09 minutes 09 seconds West, 267.15 feet; thence South 01 degrees 25 minutes 25 seconds West, 305 feet, more or less, to the shoreline of Anderson Lake; thence easterly along said shoreline to the point of beginning. Containing 2 acres, more or less. which property shall be and hereby is removed from rural zone and shall be included in the OFC-Office zone. Section 2. The above-described property shall be subject to the terms and conditions of that certain rezoning agreement dated ,1976, entered into between GELCO CORPORATION, a Minnesota corporation, and the - CITY OF EDEN PRAIRIE, a municipal corporation, of the State of Minnesota, which agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City relating to such OFC-Office District. Section 3. This ordinance becomes effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this llth day of May, 1976; and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 25th day of May, 1976. ATTEST: Wolfgang Penzel , Mayor City Clerk,John D.Frane Published in the on ,1976. 2 :1 -2- RF-ZONING AGREEMENT THIS AGREEMENT, Made and executed in triplicate this day of , 1976, by and between GELCO CORPORATION, a Minnesota Corporation, hereinafter called "Owners", and the Mayor and City Council of the CITY OF EDEN PRAIRIE, a municipal •. , corporation, of the State of Minnesota, hereinafter called "City"; WITNESSETH: WHEREAS, It is proposed to request the Mayor and City Council of the City to change zoning from I-S Park to OFC-Office for the land located on the North shore of Anderson Lakes, more fully described in Exhibit "A" attached hereto and accompanying this Agreement, and WHEREAS, It is believed that a re-zoning of said area to OFC-Office would be in the public's interest, welfare and convenience of the people of the City of Eden Prairie; and WHEREAS, Owners agree to develop aforementioned property as part of an office building complex in consideration of the City's changing of the zoning; and Owners further agree that as a part of said consideration to lay out, develop and maintain said project as hereinafter set forth. NOW, THEREFORE, THIS AGREEMENT WITNESSETH, That for and in consideration of the Mayor and City Council of the City passing an ordinance changing the zoning from I-S Park to OFC-Office, the Owners agree to construct parking for not to exceed two hundred (200) cars in accordance with architectural and landscaping plans submitted to the Staff of. the City, City Council, subject to the following conditions: • 1. That the Geico Planned Unit Development, • identified as 73-10 be revised to include area involved herein and that any parking, building and open spaces thereon shall be consistent with the Blacklock studies as indicated on April 26, 1976 revised plan; • and further that any such plan be consistent with the Anderson Lakes Regional Park Development Plan and Major Center Planned • Unit Development. 2. Thal the project. generally he dealt with in accordance with the project description Land Use Plan and Drainage Plan as prepared by Parker Klein Associates and identified as • Exhibit "B" herein. 3. That any future development of property involved herein shall be subject to the review and prior approval by the City Council and such Commissions as it may determine appropriate. 4. Any and all excavation shall be subject to the approval of the Purgatory Creek Watershed District. 5. That developers shall, prior to commencement of construction, obtain approval of a land- scaping plan for said area which amongst other things would provide for screening of the two homes fronting on 78th Street, which screening is to be designed to minimize the casual trespassing. 6. That the site development plan will provide for erosion control during and after construction, which plans must be acceptable to the City Engineering Department. • 7. That all sanitary sewer, water main, and storm sower facilities, concrete curb and gutter, and bituminous surfacing, whether to be public or private, sh;e11 by cicv;igood to City :standards by a Reqisicred Professional Civil Engineer and submitted t.o lhe City Engineer for approval. The developer through the engineer shall provide for competent daily inuoction of all street and utility construction both public and private. • As-built drawings of service and valve ties on mylar and certificates of completion and • 2��9_ 2 - compliance with specifications shall also be delivered to the City Engineer. The • developer also agrees to pay for all fees for City engineering and administrative services consistent with current City requirements. 8. That the Onwcr will convey to the City, Parcel B as indicated on Exhibit "A" in a manner similar to that conveyed by said • Owner on the adjoining property; and a Warranty Deed identified as. Document No. 4091658, filed in the office of the Register of Deeds on July 2, 1974. 9. -That the Owner herein, at its own risk, may use areas granted the City for sewer easement as and for parking lots should such use comply with all otherCity requirements; and with the further understanding that should it ever be necessary to replace any of said sanitary sewer line, all incremental costs of such replacement occasioned by Owner's use as aforesaid shall be at the Owner's expense. CITY AND PROPERTY OWNERS AGREE: 1. That the property owners shall comply with all applicable rules, regulations, ordinances and laws of the City of Eden Prairie. 2. That the provisions of this Agreement shall be binding upon and enforceable against Owners, their successors and assigns, and all subsequent owners, their respective heirs, successors and assigns, of the property herein described. 3. That an executed copy of this Agreement shall be recorded with the Register of Deeds for the County of Hennepin, State of Minnesota, • J9v - 3 - t IN WITNESS WHEREOF, The parties to this Agreement have . caused these presents to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, • a municipal corporation By_____._.__ (SEAL) Wolfgang H.Penzel, Mayor And Roger K. Ulstad, City Manager GELCO CORPORATION, a Minnesota corporation By (SEAL) Emerson P. Greenberg, Vice President And J.W. Bell, Assistant Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1976 by Wolfgang Penzel, Mayor and Roger K. Ulstad, City Manager of the City of Eden Prairie,•a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1976, Emcr:;On P. Greenberg, Vice President and J.W. I1e11, Assistant Secretary of Gelco Corporation, a Minnesota corporation, on behalf of the corporation. 2,4)1 Nogg P'.uric 4 - • • 4. r ' I I • • csa -I/ -; ii . ,./ I '(, ( h (I/ I- ,7-7) , t , t . , i f • r �. �� /•.,%jam_. A�' / •I/ ��.�t : ',".• .. 1" (_((::: C,-':':••••;A s.... , k-1 1. • 'it /V I it : r ,1 ) 'fir • ,_- "-`\ �'- �. 4'1 'y'7, Cam'd:�\i , ii • r C /(. ) ' /'gyp" ,4".• 0 ‘• it 0 "..,1..\ •:'1.1 1.• .1 (-.7 ir ;'.•`.-....'•'• . 7:t.%. J. it: ...1. o rl r'! ( ls, • 'f."1. ' .:.?-:...-.,_-_:-:.) .,‘', ' 1 H `. (. .� •S' ••\� .... • I-3 p, /�i�, ems / r ` '•%��" � `' `' .... 't . •er'i 1 I 11. Kam. Parker Klein Associates GELCO CORPORATION EDEN PRAIRIE, MINNESOTA PROJECT DESCRIPTION: To provide for Gelco Corporation an immediate solution to their existing parking problem and to provide additional spaces for increase in personnel. This is to be done by the construction of a 200 car, on-surface facility• on land being purchased from the Preserve immediately adjacent to the • west boundary of their present property. This facility is to be considered interim as more specific plans for expansion,.both building and parking, have not been finalized. Therefore, extensive use of curb and gutter and landscaping is not intended at this time. Only the entrance drive will be considered as a permanent installation complete with bituminous surface and curb and gutter. The parking area is to be of class five stabilized base with surface drainage controlled to flow to a holding pond on the site. The drainage plan is the result of discussions with John Dixon of Barr Engineering, consultants to the Nine Mile Creek Watershed District. Planting will be limited to those areas that are not likely to be disturbed by future development. This planting will attempt to provide some screening of the parking area from the lake and from the building. A bituminous walkway is proposed from the parking area along the existing tree line to the front entrance. • • 2.393 • .� -- ----":-:'N" tif • , 4 amical � l I i.l. i., \\,,,,.,T., .--- . • • •• "-.77.7::'''':::::::-.5.,,,,''.:0:'.'..`,...:..' •.‘f".'.::.1`1•)E1;.,',q.,'' . .':.• ,1:':... •; '•''01''„.11111 ''' :•t .Nik tIS Lltia.he A 1,( ------....1c )` ` 1 ;.fir: :---\•\, ;,::.-:is-4 .'"?';',..''.11(l';': :‘,.':::.::4.)'.,':.1.i.,.....N:: :.,(/-1 1- s. : N 9 -N.1,.._,,.'- ,,,'"....;:,\:•qty:;;;... •, . i .:ill• I• 1 - j { ':,} \'s: M � 4 I 1jj► `i ;''jl;I ; .111, �� .i �Izifi, r.:TanS►ori \ ,��,; , � ) I' .ti 1 1, t' i•1.'.,,l ICI, ' 't 1'$ , `� existing b'dg ` " � � � ���' . l �j,I � i . f1:', , YY<� 11 ,1 i ! ,1 f I! 1 ', I ,1- pl-:.'11..,: :".-'-:: ': . 111.AAII‘s,i,11,. 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Ma `, \ DRAINIAG AN .( -7— • / GELCO CORD L:)-.. 111" . :s ice J whp/jh 5/21/76 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. jja- AN ORDINANCE RELATING TO AND ESTABLISHING SUBDIVISION REGULATIONS FOR THE PLATTING AND SUBDIVIDING OF LAND AND AMENDING ORDINANCE NO. 93, SECTION 11, SUBDIVISION 1, RELATING TO PARKS, PLAYGROUNDS, PUBLIC OPEN SPACE, STORM WATER HOLDING AREAS OR PONDS. The Council of the City of Eden Prairie does ordain as follows: Section 1. Section 11 of Ordinance No. 93 is hereby deleted and the following substituted therefor: Section 11. Subd. 1, Parks, Playgrounds, Public Open Space. Storm Water Holding Areas or Ponds. • The owner or owners land being subdivided for residential, commercial, industrial or other uses, or as a planned unit development which includes residential, commercial and industrial uses, or any combination thereof shall dedicate a reasonable portion of each proposed subdivision to the public for public use as parks, playgrounds, public open space or storm water holding areas or ponds; or at the City's option, the subdivider shall contribute an equivalent amount in cash based on the following schedule which is hereby determined to be the fair market value of the undeveloped land. Residential Units Per Acre Fee Per Unit Less than 3 4300 3_4 r; , $300 4-7 $250 8-12 Y -/ $200 i 12-17 $180 17+ "" 8% $170 Commercial/Industrial Use $ per acre Subd. 2. That any money received hereunder shall be placed in a special fund by the City and used only for the acquisition I Pi i'J of land for parks playgrounds, public open spaces, storm water holding areas or ponds, development of existing park and playground sites, public open space and storm water holding areas or ponds and debt retirement in connection with land previously acquired for such public purposes. In dedication r quired ascertaining themoney herein to be dedicated to the public for public use, the city may take into consideration the open space, park, recreational common areas and facilities which the subdivider has provided for the exclusive use of the residents of the subdivision. Section 2. Effective late. This ordinance shall become effective upon its adoption and publication. First read at a regular meeting of the Council of the City of Eden Prairie this day of , 1976, and finally read, adopted and ordered published at a regular meeting of the Council of said City of Eden Prairie on this day of 1976. Wolfgang Penzel, Mayor ATTEST: • (Seal) John D. Frane, City Clerk Published in the Eden Prairie News on the day of 1976.— -' -2- '�`3rl . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 329 AN ORDINANCE AMENDING ORDINANCE NO. 280 The City Council of the City of Eden Prairie ordains as follows: SECTION 1. Ordinance No. 280, Section 8, Subdivision 8.2A, is deleted and there is substituted therefore the following effective May 1, 1976: • 8.2 A: Sanitary Sewer - $ .68 per thousand gallons subject to a minimum of $3.50 (5,000 gallons) per R.E.C. per month for metered accounts and $4.25 per R.E.C. per month for unmetered accounts. SECTION 2. Ordinance No. 280, Section 8, Subdivision 8.2 C, is deleted and there is substituted therefore the following effective May 1, 1976: 8.2 C: The minimum monthly user charge for commercial industrial, public and office use shall be $3.50 per month for sewer and $4.50 per month for water. SECTION 3. This ordinance becomes effective from and after its passage and publication. First read at a regular meeting of the City Council of the City of Eden Prairie, this llth day of May, 1976, and finally read, adopted and ordered published at a regular meeting of the City Council of said City on the __ day of May, 1976. Wolfgang H. Penzel, Mayor SEAL ATTEST: John 0. Frane, Clerk J/J //o ORDINANCE NO. 326 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135. THE COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS: Section 1. Appendix A or Ordinance No. 135 is amended by adding to Section 17, Township 116, Range 22 as follows: All that part of Government Lot 2, Section 17, Township 116, Range 22, Hennepin County, Minnesota described as follows: Beginning at a point on the east line of said Government Lot 2, distant 511.50 feet southerly of the northeast corner of said Lot 2; thence southerly, along the said east line, to the southeast corner of said Lot 2; thence westerly, along the south line, to the southwest corner of said Lot 2; thence northerly and easterly, along the shore line of Mitchell Lake, to the west line of the Northeast 1/4 of said Section 17; thence northerly, along said west line, to the southwest corner•of the North 511.50 feet of the West 1/2 of the said Northeast 1/4; thence easterly to1 the gn of fp County,ng dMinn sota, except Section following Township 116, Range22, Hennepin described tracts to wit: 1. Beginning at a point on the east line of said Government Lot 2, distant 511.50 feet southerly of the northeast corner of said Lot 2; thence on an assumed bearing of S 0°08'30" W, along said east line, 927.73 feet; • thence S 88956'10" W a distance of 238.47 feet; thence on a tangential curve to the left a distance of 393.32 feet, radius of said curve is 590.89 feet; thence N 37°33'S0" W, not tangent to last described curve, 233.61 feet; thence on a tangential curve to the left for a distance of 62.38 feet, radius of said curve 468.53 feet; thence N 25°52'36" E, not tangent to said curve, 145.60 feet; thence N 3°51'57" W to its inter- section with the shore line•of Mitchell Lake; thence westerly, along said shore line, to its intersection with the west line of the North- east 1/4 of said Section 17; thence northerly, along said west line, to the southwest corner of the North 511.50 feet of the West 1/2 of the said Northeast 1/4; thence easterly to the point of beginning; 2. Commencing at a point on the east line of said Government Lot 2, distant 511.50 feet southerly of the northeast corner of said Government Lot 2; thence on an assumed bearing of S 0°08'3Q" W., along said easte line, 927.73 feet to the actual point of beginning; thence S 88 56 10 W a distance of 238.47 feet; thence on a tangential curve to the left a distance of 730.07 feet, radius of said curve is 590.89 feet; thence N 59°10'45" W, not tangent to said curve 314.15 feet; thence S 85°56'27" W a distance of 227.84 feet; thence S 71°18'46" W to its intersection with the shore line of Mitchell Lake; thence southerly and southwesterly, along said shore line, to its intersectiontd sowithth lt , to the southeast sai verdcGonmoent Lot 3; thence easterly, along f said Government Lot 3; thence northerly, along the east line of said Government Lot 3, to the actual point of beginning. 399 Ordinance No. Pemtom, Inc. Page 2 which property shall be and hereby is removed from rural and R.M. 2.5 • zone and shall be included in the R.I. 13.5 zone. That part of Government Lots 2 and 3, Section 17, Township 116, Range 22, Hennepin County, Minnesota described as follows: Commencing at a point on the east line of said Government Lot 2, distant 511.50 feet southerly of the northeast corner of said Government Lot 2; thence on an assumed bearing of S 0°08'30" W, along said east line, 927.73 feet to the actual point of beginning; thence S 88°56'10" W a distance of 238.47 feet; thence on a tangential curve to the left a distance of 730.07 feet, radius of said curve is 590.89 feet; thence N059°10'45" W, not tangent to said curve, 314.15 feet; thence S 85 56'27" W a distance of 227.84 feet; thence S 71°18'46" W to its intersection with the shore line of Mitchell Lake; thence southerly and southwesterly, along said shore line, to its intersection with the south line of said Government Lot 3; thence easterly, along said south line, to the southeast corner of said Government Lot 3; thence northerly, along the east line of said Government Lot 3, to the actual point of beginning, except the North 330 feet of the South 693 feet of the East 165 feet. which property shall be and hereby is removed from rural zone and shall be included in the R.M. 6.5 zone. Section 2. The above described property.shall be subject to the terms and conditions of that certain rezoning agreement dated ,1976, entered into between PEMTOM, INC., a Minnesota corporation, and the CITY OF EDEN PRAIRIE, a municipal corporation, of the State of Minnesota, which agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City relating to such R.I. 13.5 District and R.M. 6.5 District, respectively. Section 3. This ordinance becomes effective from and after its passage and publication. auvO Ordinance No. Pemtom, Inc. Page 3 FIRST READ at a regular meeting of the City Council of the City of ' Eden Prairie this 11th day of May, 1976; and finally read•and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,1976. Wolfgang Pepzel, Mayor ATTEST: City Clerk, John D. Frane Published in the on ,1976. 1 • A q0I whp/jh 5/18/76 • • RE - ZONING AGREEMENT THIS AGREEMENT,snde and entered into in triplicate this day of , 1976, by and between PILLSBURY COMPANY, a Delaware corporation, hereinafter called "Owners," PEMTOM, INC., a Minnesota corporation, hereinafter called "Developer" and the CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota, hereinafter referred to as "City," WHEREAS, the Owner has requested the City Council of the City of Eden Prairie to change the zoning of a tract of land from District Rural to R1-13.5 and RM-6.5 for an area consisting of approximately 88 (48A and 40A) acres and which is legally described as more fully set forth on Exhibit A which is attached hereto and made a part hereof; and WHEREAS, it is believed that the rezoning of said area to R1-13.5 and RM-6.5 will be in the public's interest, welfare and convenience of the people of the City of Eden Prairie; and WHEREAS, the owner agrees to.develop under the PUD procedures the aforementioned property as 81 single family and 179 townhouse units in consideration of the City's changing of the zoning to Residental district and the owner further agrees as a part of said consideration to lay out, plat and develop the areas so rezoned generally) in accordance with the ' concept plan heretofore presented to the City, marked Exhibit A which is attached hereto and made a part hereof. NOW, THEREFORE, this agreement witnesseth, that for and in consideration of the City Council of the City adopting an ordinance changing the zoning from Rural to R1-13.5 and RM-6.5 and of the mutual benefits to each of the aye 1 ' parties hereto, the parties, their respective successors and•assigns do hereby covenant and agree as follows: 1. The development shall be generally in accord with the concept plan granted the Planned Unit Development in 1971 and as modified in 1975, the acreages, land uses and data of which are shown on Exhibit C attached hereto. The City hereby approves and adopts said Planned Unit Development as depicted on Exhibit C. 2. That the mini-park as identified as PUB thereon shall be dedicated to the City at the time of platting for use as park and playground purposes. Owner herein agrees to grade and seed at its own cost and expense said park to permit • informal field game recreation space. Maintenance of this area is to be by a homeowner's association. The owner herein agrees to develop it and cause a homeowner's association or associations to enter into a binding agreement with the City which agreement shall amongst other things provide that said homeowner's association will forever maintain said park at its own costs and expenses and that in the event said maintenance is not forthcoming, said maintenance can be done at the homeowner's expense and any maintenance costs assessed against the properties located within the area served by said homeowner's association. 3. That a scenic easement no less than 75 feet from the 875 elevation be provided to insure no urban encroachment along Mitchell Lake in the area identified as the townhouse section. There shall be constructed thereon a trail opened to the public, The trail shall be a minimum of six feet wide and run from the mini-park along Mitchell Lake to the southern property line. This shall be constructed at the owner's cost and expense and maintenance shall be by a homeowner's association . as set forth in the preceding paragraph. The trail is to have a woodchip or gravel surface. 4. That an 8 foot bituminous paved pathway shall be constructed at the owner's cost and expense along Mitchell Road from County Road 4 to its southerly cul-de-sac. • 5. That a 4 foot concrete sidewalk be constructed at the owner's cost and expense along Mitchell Lake Road Court from Mitchell Lake Road to the western intersection of Mitchell Lake Lane to Mitchell Lake Court. • 6. That sufficient right-of-way shall be provided to the City at • no charge along County Road 4 for construction of a bikeway in conformance with the official City Bikeway/Bikeway Report. -2- a5 • 7. That all units in the single family and townhouse areas shall be subject to cash in lieu of land dedication which amount shall be $300 for single family detached homes and $250 for town- houses and shall be payable at the time of conveyance of each such unit to a third party homebuyer or occupant. 8. That prior to final plat approval locations for common lake access and common dockage facilities shall be approved by the City and Watershed District. 9. That the Hennepin County Highway Department approve the location of Mitchell Lake Road and grant an entrance permit. 10. That the soil erosion control and Lakeshore development standards meet with the approval of the Riley Purgatory Water- shed Creek District. 11. That the two ponds shown on Exhibit D are to be maintained by a homeowner's association. In the event that such maintenance is not done, the City may maintain them and charge the same to the homeowner's association in accordance with the provisions as contained in paragraph 2. 12. That all sanitary sewer, water main and storm sewer facilities, concrete curb and gutter and bituminous surfacing whether to be public or private, shall be designed to City Standards by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The developer, through his engineer, shall provide for competent daily inspection of all street and utility construction, both public and private. As-built drawings with service and valve ties on reproducable mylar and certificates of completion and compliance with specifications shall also he delivered to the City Engineer. The developer also agrees to pay all fees for City Engineering and administrative services consistent with current City requirements. 13. The following setbacks are hereby created for the R1-13.5 area: A. Front yard - 30 feet B. Side lot line with garage - 5 feet C. Side lot line, one story house - 10 feet D. Side lot line, one and a half to two story house - 15 feet. City and property owners agree: 1. That the property owners shall comply with all applicable rules, regulations, ordinances and laws of the City of Eden Prairie excepting as they are modified by the Planned Unit Development described at paragraph 1 on page 2 hereof. -3- at ol! 2. That the provisions of this Agreement shall be binding upon and enforceable against Owner, its successors and assigns, and all subsequent owners, their respective heirs, successors and assigns, of the property herein described. 3. Notwithstanding anything herein contained to the contrary, the provisions contained herein are subject to state and federal laws including the rules and regulations of FHA, VA, FHLMC and other governmental agencies and in the event of a conflict thereof, the laws, rules and regulations of such state and federal agencies shall prevail and in such event, Owner and Developer shall not be deemed to be in default of the terms hereof. (Owner and Developer will give City all documents required to pass an interest in real estate.) 4. That if Owner fails to procure a building permit in accordance with this Agreement within twenty-four (24) months from the date hereof, Owner will not oppose a rezoning of said property. IN WITNESS WHEREOF, the parties to this agreement have caused their presents to be executed the day and year aforesaid. THE PILLSBURY COMPANY, a Delaware corporation BY: (S E A L) • PEMTOM, INC., a Minnesota corporation BY: (S E A L) I CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY: (S E A L) Wolfgang Fenzel, Mayor John D. Franc, City Clerk STATE OF MINNESOTA) ) SS. COUNTY OF IHENNEPIN) The foregoing instrument was acknowledged before me this day of , 1976 by and Afi -4- of Pillsbury Company, a Delaware corporation, on behalf of the corporation. Notary Public, Hennepin Co., Minn. My commission expires STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) Th'e foregoing instrument was acknowledged before me this day of , 1976 by and of Pemtom, lnc., a Minnesota corporation, on behalf of the corporation. Notary Public, Hennepin Co., Minn. My commission expires STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1976 by Wolfgang Penzel, Mayor and John D. Frane, City Clerk of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public, Hennepin Co., Minn. My commission expires • -S- gap Mom Wu 571 GQ6b CLA ill)04ARC3469 ; 6875 N14hw4y No. .65 N. L.l� 1 l:UMIG9UGLRHH'JO ,o Minneayolls. Minlata 55432� ! INC. • ��� •;South 011ico 8996510 Q ('lull, Aluniripul 4,. Enuln++umental Engineering i 1101 Gilt Road �� LandSurveying•Lund Planning•Sod 1'eat+ng litiurnsvatle, Minnesota 55337 March 9, 1976 Revised May 3, 1976 DESCRIPTION FOR SINGLE FAMILY REZONING Ail that part of Government Lot 2, Section 17, Township 116, Range 22, Hennepin County, Minnesota described as follows: Beginning at a point on the cast line of said Government Lot 2, distant 511.50 feat southerly of the northeast corner of sold Lot 2; thence southerly, along the said east line, to the southeast corner of said Lot 2; thence westerly. along the south line. to the southwest corner of said Lot 2; thence northerly and easterly. along the shore line of Mitchell Lake, to the west line of the Northeast 1/4 of said Section 17; thence northerly, along said nest line. to the southwest corner of the North 511.50 feet of the Vast 1/2 of the said Northeast 1/4; thence easterly to the point of beginning and Government Lot 3. Section 1.7, • Township 116, Range 22, Hennepin County. Minnesota, a;cept the following described tracts to wit: 1. Beginning at a point on the east line of said Government Lot 2, distant 511.50 feet southerly of the northeast corner of said Lot 2; thence on an assumed bearing of S 0°08'30" U. along said east line. 927.73 feet; thence S E8°55'10" U a distance of 238.47 feat; thence on a tangential . curve to the left a distance of 393.32 feet, radius of said curve is 590.89 foot;• thence tl 3i°33'50" U, not tangent to last described curve, 233.61 feet; thence on a tangential curve to the left for a distance of 62.38 feet. radius of said curve 468.53 feet; thence N 25°52'36" E, not tangent to said curve. 145.60 feet; thence N 3°51'57J U to its inter- section with the shore line of Mitchell Lake; thence westerly, along said shore line, to its intersection with the nest line of the North- east 1/4 of said Section 17; thence northerly. along said west line, to the southwest corner of the North 511.50 feet of the Lest 1/2 of the said Northeast 1/4; thence easterly'to the point of beginning; ' 2. Cor::eencing at a point on the east line of said Government Lot 2. distant 511.50 feet southerly of the northeast corner of said Government Lot 2; thence on en assumed bearing of S 0°08'30" U. along said east line, 927.73 feet to the actual point of beginning; thence S 88°56'10' H a distance of 238.47 feet; thence on a tangential curve to the left a distance of 730.07 feet, radius of said curve is 590.89 feet; thence N 59°l0'45" M. not tangent to said curve 314.15 feet; thence S 85"57.'27" W a distance of 227.04 feet; thence S 71°18'46" U to its intersection with the shore line of Mitchell Lilo; thence southerly and southwesterly, along said shore line, to its intersection with the south line of said Government Lot 3; thence easterly, along said south line, to the southeast corner of said Government Lot 3; thence northerly. along the east line of said j Covernr.;,nt Lot 3. to the actual point of beginning. Subject to eastmants of record. if any. . . • • E-x,�i4;r ,4 ILa..r M,n.M..Wei Key K A Hw+dun•Hy.hum • Won a Aloe H.8 aV Cu r a Ha.... a.y Soo W,n 4 I...wn Jog 44 W.. K Ol),,r,K.y Ang 91101 1k 1 II W4W..Ifup.a KH Stork. Main(Alto hit butts (CA ,6875 HtghwaY No ti5 N. E. I9C3 9SiDA6d it 875 I otts,ryFiNo fra N.55432 E. goL,30.46.9CICLRIII@t tnc. i• South Office 890 6510 l LOI Ch11 Road q)n Civil, Municipal& F' d Planning Sod 1eerinng Burnsville, Minnesota 55337 ((��►t Lund Surveying•Land Planning•Sod Tenting L__.❑ • March 9. 1976 Revised May 3, 1976 DESCRIPTION FOR TONNHOOSE RE7ONIMG That part of Government Lots 2 and 3. Section 17. Township 116, Range 22, Hennepin County. Minnesota described as follows: Commencing at a point on the east lino of said Government Lot 2. distant 511.50 feet southerly of the northeast corner of said Government Lot 2; thence on an assumed bearing of S 0°08'30" VI, I &long said east line, 927.73 feet to the actual point of beginning; thence S 88 56 l0 U a distance of 238.47 feet; thence on a tangential curve to the left a distance of 730.07 feet, radius of said curve is 590.89 feet; thence N 59°10'45" 11, not tpngont to said curve, • 314.15 feet; thence S 85°56'2l" U a distance oi' $23.84 feet; thence S 71°18'46" U to its intersection with the shore line of Mitchell Late; thence southerly and southwesterly. along said shore line, to its intersection with the south line of said Government Lot 3; thence easterly, along said south line, to the southeast corner of said Government Lot 3; thence northerly. along the east•line of said Government Lot 3, to the actualu oinfthofEbeginning.eexcept the North 330 feet of the South693 f . 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V;" 1:te II Otril ',, ..... ;' 1 0 ., ,• , . . ., I 1 • I 1 , 1 - . • 111111 I: itlim I • — . . ... • • .__ . • 77-1Y.-1A1C( 1 7— 1) . go • . _. .. “... . , • MEMO TO: Mayor and Members of the City Council THRU: Roger Ulstad, City Manager FROM: Marty lessen, Director of Community Services At3. SUBJECT: Parks, Recreation & Natural Resources Commission discussion with regard to Pemtom's proposed PUD DATE: May 21, 1976 Attached is a copy of the unapproved minutes of the May 3, 1976 Commission meeting dealing with this matter, as well as a staff report to the Commission which was the basis of their consideration. The Commission, by the motion included in the May 3 minutes, adopted the two statements in the staff report with the exception of the provision for docks from the Homeowners Association spaces on to Mitchell Lake. The Commission feels that there is no need for permitting any docking onto this lake inasmuch as it is fairly shallow and any boats which might use it could be launched from the shore. They also felt that if there was a need for docking facilities that the homeowners and the City could work together for such a facility off of the public mini park area. • • :2elf2 Page 4 • ,^ -, L.c. ., . • May.3,.1376 Cr '.:r, Unapproved St-',pa or 74itr,3'0l I.nl:e P.r'_ Jesson stated that the "Island" tires dre:)_uca as cconordeally unfcasiL?,. at this time and recommended that our efforts be carried toward the I:ii?er Bros. property. Choiniere questioned the granting of the docks in the proposal, and said he didn't feel the lake could handle water traffic. Ho added that he saw a constant battle because of not enough docks if the five were granted. Anderson commented that the late is suitable for caning and sailing. Jessen said that the Watershed District had considered raising the water level to 10 feet at one time. He explained that the Homeowner's Association will own the land, subject to easements between the City and open space process. He added that eliminating docks will make it harder for Penton to market their units. The recreation provisions were discussed, and Jossen expained that the mini-park proposed will be publicly owned but Homeowner Association maintained.. He added that there would be additional :mini-parks and tot lots in the final townhouse addition and the site was+of a mile from a major recreational area. Ho felt provisions for play areas were very adequate. Trailways were discussed, with concern expressed by Anderson about regulations that Homeowner Associations may put on trailway around the lake, and the in- consistency of these regulations on various lakes in Eden Prairie, making it rery confusing for the public. There was discussion of Honeormers Associations and the need to establish guidelines for these associations throughout the whole community. 110TI01d: Choiniere moved to recommend Staff 1-emo of April 30 on 1atcher Lake Proposal with following changes: Eliminate provision for docks permitted onto. 1-itchell Lake from Homeowner's Association space and from private property included in this development; and add "subject to final review of Homeowner's Association I7ocuraents." Anderson seconded, motion carried unanimously. 197TI011: Upton moved that the PR& HR Co::.i:ission again recommend the action of last year. that the Council appoint task fprce to study and make recommenda- tions on Homeowner's Associations for consistency in the City. 1•addleton seconded, motion carried unanimously. MEMO TO: Mayor and Members of City Council THRU: Roger Ulstad, City Manager FROM: Marty Jessen, Director of Community Services, J . SUBJECT: Consideration of purchasing the Schaitberger Property at Lake Riley DATE: May 21, 1976 In a memo to you dated April 23, 1976, I indicated the Riley-Purgatory Watershed Districts attitudes towards jointly financing the purchase of the Schaitberger Parcel. Attached Is a draft of the cooperative agreement for the acquisition and development of the Lake Riley Park as drawn by their attorney Fred Richards. The Watershed District will finally consider this matter at their meeting on Wednesday, June 2, 1976. We would recommend that the agreement be approved by and between the two parties. If it is approved by yourselves and by the Watershed District on June 2 the City will then be in a position to exercise its option before the July 3, 1976 expiration date. 2.uic RILEY-PURGATORY CREEK WATERSHED DISTRICT CITY OF EDEN PRAIRIE ' Cooperative Agreement for the Acquisition and Development of Lake Riley Park • I. PARTIES • The Riley-Purgatory Creek Watershed District (hereinafter "Watershed District") and the City of. Eden Prairie (hereinafter "Eden Prairie"), acting by and through their governing bodies, enter into this cooperative agreement by reason of and in recogni- tion of the fact that the overall water and related land manage- ment plans for the Watershed District will be affected by the • actions of Eden Prairie in acquiring and adopting or permitting land uses or programs inconsistent with the Watershed District's • overall plan objectives for the protection, maintenance and en- hancement of the floodplain, open space, greenbelt and recreational lands adjacent to the public water areas of the district. II. PROJECT AREA The land area subject to this Agreement includes the lands adjacent to Lake Riley in Eden Prairie, laid lands being gener- ally located on the easterly shores of Lake Riley and commonly referred to as the "Shaitberger" property, which property when acquired is proposed to be called "Lake Riley Park." The lands that are contemplated to be acquired in accordance with the terms and conditions hereof are generally shown on Exhibit A attached hereto and made a part hereof. Lake Riley Park, which will . encompass approximately 200 acres when total land acquisition is completed, can generally be described as mostly open, gently rolling land in the eastern portion of the park site and mostly wooded with substantial lake frontage in the western portion of the park site. In regard to the Schaitberger site, which is pro- posed to be purchased in accordance with the terms and conditions, hereof, the site is approximately nine acres and includes approxi- mately 600 feet of lakeshore on Lake Riley. A master plan for the . I entire area has been developed under the professional guidance of Eden Prairie. III. OBJECTIVES The Watershed District and Eden Prairie have as an objec- • tive the retention of the open space, greenbelt, natural and recrea- tional areas riparian to Lake Riley so as to provide and make available said land areas for public uses, including picnicking, swimming and other general open'space recreational uses related to Lake Riley. It is recognized that the area, including water resources, will be managed with the objective of maintaining when- ever possible its natural state, and general recreational uses t . compata¢le with the above identified open space usage. Public improvements to the area will be carried out over a period of years and will include picnicking and walking areas, swimming beaches and related facilities, installation of rest room and sanitary facili- ties, and other general landscaping. The plan of development and authorized land and water uses is deemed to be consistent with the overall plan of. the Watershed District and Eden Prairie. • 2 atilt/ • IV. OBLIGATIONS OF PARTIES The acquisition of lands described in paragraph II is required in order to initiate a program to obtain public access ' f to Lake Riley and thereafter to preserve to the fullest extent practicable those lands and waters for public use and benefit. Since the District recognizes the need to implement its overall plan through cooperative projects with municipalities, and since certain lands in Eden Prairie are presently available for acquisi- tion through the cooperative efforts of the Watershed District and Eden Prairie, it is hereby agreed that Eden Prairie shall assume the direct responsibility for acquisition of the lands generally shown on Exhibit A. The Watershed District shall assist in the acquisition of these lands by sharing in the acquisition costs as hereinafter set forth. The funds of the Watershed District available for coopera- tive projects of this type are those obtained from the annual administrative expense fund.levy of the District; therefore, there exists the necessity for Eden Prairie to proceed as promptly as possible to make the acquisition with the understanding that the District's contribution to the acquisition is to be funded over a period of years ending in the year 1979. 1 Eden Prairie hereby agrees that it will proceed with the acquisition of these lands generally described in said Exhibit A in accordance with the terms and conditions of the purchase agree- ment and option agreement involving Eden Prairie and Kenneth A. Schaitbcrger and Frances E. Schaitberger, copies of which are marked collectively Exhibit II and attached hereto and made a part 3 hereof. In the event the Watershed District pays any monies to Eden Prairie for the acquisition of these lands and Eden Prairie does not complete the acquisition of said lands, Eden Prairie hereby agrees to reimburse and hold harmless the Watershed District for all costs and expenses incurred by the Watershed District in its participation thereof. Moreover, in the event Eden Prairie receives any monies from any other governmental agency, whether federal, state, regional or local, or from any other sources, whether private or public, Eden Prairie hereby agrees to reimburse from such funds the Water- shed District for its share of the acquisition costs and expenses hereinafter provided. • • V. ESTIMATED ACQUISITION COST • The Watershed District shall assume and be responsibile for a total payment of $62,900 to Eden Prairie during the years 1976 through 1979. Eden Prairie represents that the total acquisition cost is as set forth in Exhibit B. Eden Prairie's contribution ' toward the acquisition cost shall be $62,900. Any land acquisi- tion costa in excess of the total cost, including any interest accruing on the unpaid principal balanOe as specified in said Exhibit B, shall be borne by and be the sole responsibility of Eden Prairie, it being understood that the Watershed District's sole financial obligation under this Agreement is limited to $62,900 unless otherwise modified in accordance with paragraph IX hereof. 9-0 4 • VI, METHOD OF PAYMENT The total $62,900 payment by the Watershed District shall be paid to Eden Prairie in accordance with the following schedule: $23,000 On the date of closing as provided for in said Exhibit B. $17,700 On the first anniversary date of the afore- mentioned closing. $16,800 On the second anniversary date of the afore- mentioned closing. $ 5,400 On the third anniversary date of the afore- mentioned closing, which date shall coincide with Eden Prairie obtaining fee title to said lands being purchased hereby. Prior to making any payments as hereinabove specified, the Water- shed District will be furnished a certification by Eden Prairie that the acquisition contemplated by this Agreement has been under- taken and completed. Upon receipt of the written certification, the District shall promptly pay over the amount due in 1976 by check payable to the City of Eden Prairie. Annual payments thereafter shall be payable by the District following receipt of a written statement from Eden Prairie. In order to insure the ability for • the payment of the obligations due under this Agreement, the Water- shed District shall budget and set aside the monies required in order to undertake payments during the years 1977, 1978 and 1979. VII. LAND AND SURFACE WATER DEVELOPMENT AND USE PLAN Upon closing and gaining the right of entry to said lands, hut prior to allowing any public use thereof, Eden Prairie agrees to submit an overall land and surface water development and use plan for Lake Riley Park to the Watershed District, which plan W 5 .:e. • shall be compatable with the terms and conditions hereof. The parties hereto agree and understand that the Watershed District' shall review, comment upon and approve Eden Prairie's plan prior to an implementation of that plan. Upon both parties agreeing to said plan, dedication of these lands as part of Lake Riley Park shall be conducted appropriately by the parties hereto. • • VIII. PUBLIC AVAILABILITY Eden Prairie agrees that Lake Riley Park will be available • to all residents of the area and the Watershed District, and that Eden Prairie will not restrict the use of the areas exclusively to residents of Eden Prairie. It is recognized that Eden Prairie shall adopt regulations to cover usage of the park and related surface eater areas of Lake Riley and may also impose reasonable charges for such usage of the project area and its contemplated • facilities. • IX. DURATION This Agreement shall be binding upon the parties through and including the period required to complete the land acquisition and project development or December 31, 1479, whichever date first occurs. Additional commitments or time extensions shall require a new agreement, and in the event it is anticipated that the pro- ject will not be completed by the end of the year 1979, Eden • Prairie agrees to give notice of such fact on or before September 1, 1979 to the Watershed District in order that said fact can be taken into account in developing future budgets of the Watershed District. atal TillS AGREEMENT shall be in force and effect upon execution by the Parties in the manner set forth in a resolution of the re- . spective governing bodies approving the Agreement and authorizing the execution of this document. • CITY OF EDEN PRAIRIE • By Mayor And City Manager Dated: RILEY-PURGATORY CREEK WATERSHED DISTRICT By • Its Dated: • • • �ua� 7 •• : •' . . 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DOLLARS at warn menet and in pan motet 1w de purchase of property . .11:1.4.1.11F•ce:1......--ht.-hLichO at • • . Plat.5671,4. situated in the Pacel 41150 .. of Hoer/trots+ . le of Al Sate r sad st7;Ally........tibed as follows,town:, '-• . ,. , • • ...Mt to.h.&Toy VAS,i;ght;:tg Mauro ani bulbs.shat1iae fawn.,ho.......,....It,.....; R.,,:;:the.. Nit..coy I•t•tner(,"re..star,,and odes tvirneot used in 400ruction them- web).wane s.tfir.t,s--.:1 Ire•:;.!/0,1.111:7:J orrroli(if the incivwy of Olt r),sump rnIttp,television artteens,trainee. tow.I,..rh in rf."1,,,,!:.r,,r1:',.,:r dor,,••!,in...s.conk fop sin",I'll trnifal air conditioning equipment.if any.nand and • locatedlocatedon noelper-rises en.!in:clu.lso,;ale the tnllsoing Impanel roomy: • All itlproiecents and ersniccent located on the ore...mires, excent bar fixtures all el tshich wryer:,she en letsi;42St.it'AJ;.,:4;•..:1eirtfii.1,4:411.),tt":1.4 0111°property of the $211r• • •One He.o 3 r et' 1,. if:.en Titoor,:-.ni end no/100.•ew---------.7....--•-•--•-($.119,000.(13 I DOLLARS. ... . which the(r,ytt ni.o.tc to icy in she OW:14in.;fiLrnirr: ' . EateehtloWer).IIhrein;,i3$ 2,(;20.00 r3,1 25,ojo„vo.,Cash,Ott,0,,be!or,.....:4.1./76.-,the.dace of,th,sir4.* • (option e',eel) • • The balance of .15P,002 :halt be payt.blo an follotssi ' ^ . S10,03J, plot: interest at the rate of six percent (67) par ennua, on or bolero July 1, 1977; $39,010, plus interest at the rate of.i,ix.percent (57.) per caaux, . on or before July 1, 1970; S30,VCD, plus interest at the rite of six percent (e3) tar annum, ' on or before Jaly I. 1979 .. *The clocing of this transaction hell take place within thirty(30) eeys of the smereir.inz,of the attached 02tfoa and delivery of thin Ferehase Asreci.ent. This..isrerment Is aul.ject to the tams cad eo..ditions of Lxhibit A attached hereto . .. . and rode a port hereof; and the tree subject to Exhible A en s'aer.n on Exhibit 3 • Vetch (poor'shed heireto rod t nlo.1. csrt hereof. S.h....rr .,,,, :,,.I..cr ii .•11,a;.1..1 1....'.1.1.'on).klots a . ... .. ..... . . ... ..... ...W....1w Orrd (r,le r.:,,,,I.r.F,•••••. .: .t oot,:•,,1....tt z:.,`..1...1,.. fa"id 1.,rn,in,"kiert only to die fo:Inning extelnione • Cl')9"z",,,e,n!•in,n.r.t er i,•;,....,..•,.,,r.of prcr.otc r ichroc tre,ine hokkuir serial.. . . 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Th;.M...:(of.1:1.1 ./iS Vil I:,:n thrdln n.ole al 11,r r::ne of, -P1.10112,,HARVEY,..S1yV4:3(...raorrr:::3a3,P.A. • .. 17.Tenth'Aver-S., Hopkins',1:ionesota • • . i h...t..?1,.tPi...('11Y):.`.'Zi...ices f.I. r _1 .i,..o.,•i .. sp.;le 1,,,,,Anor a...Am.%a...!r•Oonr 14 ..• .41 f. .... ro ...-.... <:,:.., . hiorn,;,...r.d. , ............‘......C...1T1 0: '.' ii?....7.:1:. . . !' :.....h A. • tit t•I , . • , . , • • ' . • . . . '• ' , .. . . . gi 1:XilIBIT 13 .-- • • .... - : ‘t t• , . . . . ,. ... . - May 14,1976 Dear Lake Riley Homeowners: On Tuesday, May 25th the Eden Prairie City Council will consider finalizing the purchase of the Schaitberger property (Dutch's Resort). The City presently holds an option to purchase this property and will be deciding whether or not to exercise its option. Also on the agenda will be the matter of leasing the facilities back to the Schaitberger's to operate thru Labor Day 1976 while the City plans its operations and development for the area to begin after that date. If you have any questions on these matters I'd be happy to discuss them with you. If you'd like to comment you may do so at the meeting or by writing to me before the meeting. Thank you, Marty Jess/ Director o Community Services: MJ:md MEMO TO: Mayor and Members of City Council THRU: Roger Ulstad, City Manager FROM: Marty Jessen, Director of Community Services SUBJECT: Recommendation for Operations at Lake Riley 1976 Season DATE: May 7, 1976 Under the terms of our option agreement with the Schaitbergers we take title and possession to the property with the exception of the house on July 1, 1976. This date was selected because of hoped for funding availability and without regard to the fact that it was "mid stream" during the summer lake season. Inasmuch as the Schaitberger's will have operated the beach and beer and pizza business for one half of the season by the time we take possession, and inasmuch as we are not"geared up" to operated this facility ourselves from a budget and staff standpoint we have suggested to the Parks, Recreation & Natural Resources Commission that a lease agreement be entered into between the City and the Schaitberger's so that they would operate the facility under their past guidelines through Labor Day of 1976. The general terms of this lease agreement are proposed as follows: 1. Payment of $400.00 be made to the City by the Schaitbergers for the season of July 1 through Labor Day. 2. The Schaitbergers will keep all insurance current on the premises through the term of the lease. 3. The Schaitbergers will be responsible for all maintenance and repair to the facilities through the term of the lease. 4. All Eden Prairie residents will be granted the free use of the facility from the date on which the City excercises the option through the term of the lease. This free use will include both swimming access as well as boat access to Lake Riley. These terms were approved in concept by the Parks, Recreation and Natural Resources Commission at their meeting on May 3, 1976 and are forwarded for your consideration. -2- On Thursday, May 6th Mary Erickson and I met with the Lake Riley Improvement Association to explain where things are at presently. I advised them that the Council would be considering the question of excercising its option to purchase this property on May 25th. • • • I MEMO TO: Mayor and Members of City Council THRU: Roger Ulstad, City Manager FROM: Marty Jessen, Director of Community ServicesA.j . SUBJECT: Recommendation from Parks, Recreation & Natural Resources Commission for Park Acquisition in the North Central part of the community. Attached is a memo which I prepared for the Commission regarding the Kutcher and Deaver properties as well as a copy of the minutes dealing with their action. The Commission action suggests that the Council proceed to attempt to secure an option to acquire these properties for park purposes. • • • a u2g • MEMO TO: Parks, Recreation & Natural Resources Commission FROM: Marty Jessen, Director of Community Services /itj. SUBJECT: The Kutcher and Deaver Properties DATE: May 14, ]976 At the last meeting we discussed the status of our discussions with Minnetonka with regard to these properties. At that meeting the Commission requested that I bring forward to yod for your consideration a specific proposal and recommendation for your consideration. THE DEAVER PROPERTY When Shelter proposed to the City "Eden Farms" development approximately 60 acres of this parcel was to be committed to the City's ownership for public open space. This included the Purgatory Creek Valley and the high hill to the north of the creek. Subsequent to that time we identified a 15 to 20 acre neighborhood playground site/to the north of the creek and just east of the hill,which was included in the 1975 Capital Improvement Program and Bond Issue Proposal. The result and affect is that approximately 75 to 80 acres of this site has been identified as desireable public open space, or approximately 50% of the total land area. The possibility of acquiring the entire site has been suggested. A potential use for this site would be a municipal golf course. Otherwise, there is in my opinion, no need for the City to acquire the entire 151 acres. One of the negative aspects of considering it for a municipal golf site is the fact that it is high value property and has an extremely high amount of assessment for sewer and water service against it. I would anticipate that we can continue to expect that the floodplain and creek valley area will be dedicated to the City at the time of development of this property. The 15 to 20 acre playground site will have to be acquired through purchase. There is a possibility that parts of hill area may be lost to development in a subsequent development proposal. Because I believe the 15 to 20 acre playground site will have to be purchased I would suggest that the following be considered: 1. The City secure an option to acquire the property which extends, say until July 1, 1977 or approximately a one year option. 2. A four year contract for deed will result at that time, and if the option is exercisecl,with the contract for deed payments to be made equally over four years 1978, 1979, and 1980. k -Z- 3. I would suggest that approximately 20 acres be acquired. 4. I am assuming, based on my extimate of values, that this would result in a cost to the City of approximately $80,000 over the four year period. KUTCIIER PROPERTY The Kutcher property is located approximately one half mile directly west of the Deaver Property that I have suggested that we acquire for neighborhood playground purposes. As mentioned before in the report last December a significant portion of this parcel is identified as conservancy open space in the Purgatory Study with the remainder of the site being generally open upland fields suitable for active recreation use such as a neighborhood playground site. The Neighborhood Facility Study of 1974 identifies two major neighborhood playground sites in the north and west section of the community. The Deaver Property and one over near Lochanburn on the Edengate site, with the third minor site to occur someplace in between. The upland portion of the Kutcher Property would work very well for this purpose. Because of the fact that the residual property which would remain should the City only acquire the upland property for playground purposes is the conservancy zone of the Purgatory Creek Study, I would suggest that instead of severing the property consideration be given to the following proposal: 1. The City acquire all of the Kutcher Property with the exception of the two home sites. 2. I am again assuming that the value of this property approximatley $4,000 per acre which would result in a cost to the City of approximatley $140,000 for the site. 3. I would suggest again that approximately a one year option be secured. 4. The option would result in a contract for deed again running over a four year period with equal payments to be made in 1977 through 1980. 5. I would suggest that the Watershed District be requested to part- icipate in a cooperative project in financing this site, particularly that part which is included within the Purgatory Creek Open Space Study Conservancy Zone. ' .z g3 SUMMARY If the two proposals herein made were to be adopted the costs to the City would be as follows: parcel Land Costs Assessments Deaver Property $80,000 $22,000 plus or minus Deaver (Purgatory Dedication $50,000 plus or minus Open Space) Kutcher Property $1.40,000 - $45,000 plus or minus I•. aUaa- Minutes - Parks. Rec. and Page Two Natural Resources Commission Unapproved May 17, 1976 • 1. Councilman Pierce (cont'd) that this was the first reading and that we could let it be known to the Council that we feel "temporary" should be defined. MOTION: Choiniere moved regarding the Gelco request for re-zoning for additional parking purposes, that we request the City Council of Eden Prairie to reconsider prior to the second reading, adding a controlling clause for renewal purposes for this re-zoning in order to better define"temporary". Garen: seconded, motion carried unanimously. Pierce continued with Council action-cash park Yee was received, with additional clarification on industrial/commercial fee requested; Homeowner Associations were being studied; boat regulations on Starring Lake needed. since this is a State access, there are none; and final plat approval of Maple Leaf Acres, with requirements as suggested by this Commission. Pierce added that the Minnesota Pollution Agency has received a grant from the Federal Polluation Agency to establish a Chemical waste disposal area, and this area is being studied. He said the Council has advised the Staff to investigate. 2. School Hoard Director Middleton ifiddleton said there was nothing new to report because they were still deal- ing with revieual of plans and preliminary figures. She added that the Survey has been approved and will be coming out in a couple of weeks. 3. Chairman Erickson - I•'eetinr with Lake Riley Improvement Association Erickson reported that he and Jessen had been asked to appear before the Lake Riley Homeowner's Association for discussion of park development of the City. Erickson said that the fear was expressed that development of Riley Lake would bring in people from hi nneapolis, as well as from all over Hennepin County if it were funded by the County, and it would be taken over. He added that it was a good meeting, with a large turn-out. Jessen added that most of the people were opposed to the development of the Lake, especially those people closely involved Yory being on the boruviary. Funding of Dutches Resort was discussed, with Jessen commenting that the Metro Council will finance Lake Riley, but did not know when. • Kingrey arrived at 8:00 P.M.. B. Reports of Staff 1. Kutcher & Denver Properties • Jessen spoke to Memo of Mae 14, 1976, containing requested information on the two properties, with recommendations for consideration. He added, in addition to those recommendations, the possibility of using Development Revenue Funds for this purpose, rather than bike trails. Minutes - Parks, Roc, and Page Three Natural Resources Commission Unapproved May 17, 1976 1. Kutcher & Deaver Properties (cont'd) Choiniere expressed his opposition to the idea of a golf course pro- posed if entire acreage is purchased. lie felt this area would take care of a good share of north Eden Prairie as a neighborhood facility. Jessen commented that he felt a municipal golf course would be the only justification for acquiring the total amount of property, because revenue would be generated from this use. Choiniere added that a golf course had been proposed in the past, with the conclusion that only a short course would work, and the project had been abandoned because it could not pay its way. Jessen said he did not feel a private golf course could make it because of real estate taxes, income taxes etc.. Carona questioned the need for another golf course in Eden Prairie, since there already were some in the City. Jensen responded that he was look- ing to a future population, and he felt that golf was growing as a leisure tine activity and sees a great potential for municipal golf courses. Erickson summarized the recommendation into two thoughts - a small parcel or all of the land was being considered here. Jessen said that all of the Kutcher property except the two home sites was recommended for purchase and either all of the Deaver acreage or 20 acres for a playground site. Pierce felt that if we propose something that massive, such as all of Deaver property, we would run into trouble. but the park site would be a viable proposal and felt we would get support. Choiniere commented on receiving phone calls from people living on Purgatory Creek expressing their opposition to allowing the public into "their back yard", and suggested keening it as open space without public use. Erickson inquired whether Choiniere meant that funds used for Purgatory Creek be directed toward the purchase of this land, with the land remaining open space. Choiniere answered affirmative. Pierce commented that this was a viable alternative until the Purgatory Creek Study was defined. Jessen added that it would be acceptable in meeting open space requirements, although we would lose all continuity, but he felt that we may not be able to get as much funding for this kind of idea. Jessen suggested acquiring six to eight options on properties from neigh- borhood facility study and show people exactly what is involved. Re said that the Watershed District will pay for part of the Kutcher property, but that we would have to come up with remainder of funds. Minutes — Parks, Recreation and Page Four Natural Resources Cor:,mission Unapproved May 17, 1976 1. Kutcher & ]Deaver Properties (conttd) NOTION: Helmer moved to recommend to the Council to secure an option on the proposed twenty acres of the Deaver property and thirty—five acres of the Kutcher property, as per memo of May 14, 1976. Kingrey felt that a direction as to how much money we will give up be established. Jessen responded that it has been 1 to 2%, and if this is going to be the approach we should go the same way with all of the sites. Garens asked for a point of clarification on whether the intent of the motion was to purchase this piece now, with the rest being bought later. NOTION: Choiniere moved to ask Jessen to investigate with the owners • of the Deaver property and consider for an option the remainder of the property and have Jessen report back to us with the possibilities of funding for the entire package,if that were possible. Kingrey seconded, motion carried, with Pierce abstaining. VI. OLD 13USI1ssi B. 1976 Commission Coals Erickson spoke to Draft 1 of the 1976 Commission Goals, consisting of five points, drawn up by Jessen and himself, and asked for discussion. Kingrey requested that "specific goals for youth athletic programs° be added to no. 5. (service levels) The desirability of "municipal liquor" was discussed, with Jessen comment— ing that a specific )'.otion of intent was passed by the Council that all revenues generated by municipal liquor would go toward recreational purposes, and that the public should be educated to this. Fifie]d left at 9:00 PH. The status of Proposals for the Council to consider for enactment as City Ordinances regulating park use, slope development, hunting& trapping, and developer perk fees was discussed. Jessen said more research and analysis is needed, before these would be complete. Erickson requested that Jensen come back with the current status and deadline dates of the Goals. A. Capital Irnroverent rrorrnm Jensen referred to past discussion on the ouestion and felt that the action on the Deaver and Kutcher properties show we are trying to take ,, I MEMO TO: Mayor and Members of City Council THRU: Roger Ulstad, City Manager FROM: Marty lessen, Director of Community Services., SUBJECT: Lease Agreement for the Reading Center DATE: May 21, 1976 Attached is a copy of the Lease Agreement for the Reading Center. We have discussed with the Library Staff people the addition of one clause to the Lease for the 5-year extention. This would be an addition to Section III something like as follows: "That in the event the City extends Valley View Road westerly from Co. Road 4 the lessee shall, at its expenses, make such alternations as are necessary to accomodate the road construction." • • LEASE AGREEMENT WHEREAS, the County of hlennepin, hereinafter designated as LESSEE pursuant to Chapter 24, Extra Session Laws of Minnesota 1967, Section 2, is authorized to acquire or lease real or personal property for the maintenance of County Library System within Hennepin County and, WHEREAS, the Lessee does propose to construct a READING CENTER branch of the County Library System upon real property described as: That part of the Northwest Quarter of the Southeast Quarter,Section 8, Township 116, Range 22, described as beginning at the point of inter- section of the North line of said Northwest Quarter of the Southeast Quarter with the Westerly right-of-way line of County Road Number 4 as delineated in(look 2 of Highway Plats, page 5, of record in the office of Register of Deeds,County of Hennepin;thence Southerly along said Westerly right-of-way line a distance at 175.00 feet;thence Westerly, parallel with the North line of said Northwest Quarter of the Southeast Quarter, a distance of 125.00 feet; thence Northerly,parallel with said right of way line,a distance of 175.00 feet to said North line;thence Easterly, along said North line, a distance of 125.00 feet to the point of beginning. owned by the Village of Eden Prairie, herinafter designated LESSOR, upon which Is proposed to construct a library building by the Lessee, and lease for public library pur- poses the real property upon which the building Will be constructed. NOW, THEREFORE, IT IS HEREBY AGREED, Dy and between the Lessor and the Lessee: , That the Lessee agrees to lease for public library purposes from the Lessor and the Lessor agrees to lease for library public purposes to the Lessee the real property described above for a term of Five(5)years, commencing on the first day of July, 1972, and terminating on the 30 day of June, 1977, or until such earlier time as such property shall cease to be used for public library purposes, PROVIDED, 11OWEVEI1,that the Lessee shall have the option to renew the above lease for an additional term of up to 5 years from the first day of July, 1977, and termin- i Ming of the 30th day of June, 1982, or until such earlier time as such property shall cease to be used for public library puroses, upon the same terms and conditions as provided heroin, and -1- The Lessee agrees to give to the Lessor notice of its intention to exercise the option by giving the said Lessor sixty(Go)days notice on or before the first day of May, 1976. II. The Lessee agrees to pay as consideration for such lease to the Lessor from sums levied and appropriated, pursuant to Extra Session Laws of Minnesota Statutes 1967, Section 1, or pursuant to any subsequent amendment thereof or additional authority granted to said Lessee, the sum of one dollar($1.00)as annual rent, payable to the Lessor at the execution of this document, and on the anniversary of such date during the full term of this lease and any renewal thereof,pursuant to the exercise of the option as provided herein. III. That during the term of this lease and by agreement of the parties hereto,the building being constructed shall be considered as personal property belonging to the Lessee and shall.not become a part of the real estate. Thai, if for any reason, the Lessee is prevented by law from legally continuing the operation of the Hennepin County Library System on the premises involved herein, or fails • to exercise the option provided herein, or falls for any other reason to use the above described property for pnblic library purposes, the Village of Edon Prairie shall have the right to revoke this lease and request the Lessee to remove the building. It is further understood that upon termination of this lease under the conditions recited above that the Lessee shall have a period,not to exceed ninety(90)days for the purpose of removing personal property, including, but not limited to, books, shelving, furniture, well pump, building, and any other properly used in this installation without causing substantial damage to the real property. • All the covenants, terms and conditions of this lease shall extend, apply to, and bind the successors of the respective parties hereto. IN WITNESS WHEREOh, the parties hereto have caused these presents to be _g_ 4, signed this VI day of JA_4.lE1 , 1972. WITNESSES: LL// I EDFN PRAIRIE 6.”-i4t..t/ ,,i' �.1A.!%.>>�'t4_.� BY 4(((.` -�/I lf.0 Jouncil President e. \A, . Cdal,(,ner. •d 'T): r.,. ' And Village Manager COUNTY OF IHENNEPIN STATE OrrN\A i 1 By /'•t.1 ..1... ...' .i Ctairm its County Board ATTEST: ! ,—, .C,✓)o/Jiil"% And .� 0..C.,(0 R.1-6 stv:L. County Auditor //TT ` County rofaistrutor ,: , , Id roan fJ i «:i Iv -V 61/ 0?6 .-c: ry -11 ;.: � ..I Nine Mile Creek Watershed District l lt. ,� 9 1. . 1,1 l,'. ti ,. I ;..�.�� 4344 IDS CENTER ,,,,.::-.',A,,,,,..: MINNEAPOLIS, MINNESOTA 55402 NOTICE OF ANNUAL NINE MILE CREEK WATERSHED DISTRICT TOUR 1 I The Nine Mile Creek Watershed District Board of Managers will con- 1: duct a tour of the watershed from 3:00 p.m. to 7:00 p.m. on Monday, t. May 24, 1976. Because of the proposed development of Mt. Normandale !.. Lake, the field trip will be orientated to that area. The tour will begin at 3:00 p.m. at Henrici's Restaurant, 8301 I'; Normandale Boulevard and return there for dinner at 7:00 p.m. Please I„ contact Barr Engineering Co., 920-0655 before 12:00 noon, Friday, I May 21, if you plan to attend. I I III! ►1 I • league of minnesota municipalities • IlllJ May 7, 1976 TO: City Managers - Local 49 Communities FROM: Barkley G. Oman, Chairman M.A.M.A.-49 Negotiating Committee SUBJECT: I.U.O.E., LOCAL NO. 49 MUNICIPAL DEMANDS FOR 1977 AUTHORIZATION FOR REPRESENTATION IN JOINT NEGOTIATIONS Enclosed is a copy of the I.U.O.E., .Local,No. 49 demands for the contract • year beginning January 1, 1977. Please complete the enclosed Authorization for Representation in Joint Public Works Negotiations for 1977 with I.U.O.E., Local No. 49. This form should be returned to Labor Relations Associates, Inc. no later than June 1, 1976. Only those communities which have subscribed to the M.A.M.A. Labor Relations Subscriber Service will be eligible for representation by the M.A.M.A. Negotiating Committee. • BGO:hfc Encl. • • zuul 300 hanover building. 4E30 cedar street. saint paul. rninnesote 55101 C6123 222-28g1 f - International Union of Operating Engineers LOCAL UNION NO. 49, 49A, 49B,49C, 49D and 49E . MINNESOTA AND NORTH DAKOTA N oe r Re MRIMIR6 with A.F.L..C.US. Provdenl � RASES I.SAVAGE, 44'r u /4Y.^_5, ROSIN L.GROVES,Vi,.President .R R '�aGG:n..�T CHARLES E.SWENSON, j 1 °', e I p Recordin@•Cnne rpoodo@ Secretory Cl st}. 14 ROBERT PUERINGER,Treemw $e.�:.,,.';. FRANK PENDZIMAS,Business Mona@er firrarreial Secretor" +�) I P: �1i:tv I'^, ! 2560 UNIVERSITY AVENUE•ST.PAUL,MINN.55114 f t Phoney 612.646.2461 5-`�+7KpApril 30, 1976L Mr. Barkley Omans, Chairman Employer Negotiating Team M.A.M.A. 7800 Golden Valley Road : Golden Valley, Minnesota 55427 i• ,` Re:. 1977 Municipal Demands I' Dear Mr. Omans: On behalf of the membership represented by Local No. 49 in the suburban k communities covered by the M.A.M.A. negotiations, I hereby submit the following: i. Employer to pay employee insurance and 751 of the dependent coverage. Employees who do not have dependent coverage shall have said cost paid to them'in cash; this amount-would :- not' affect the overtime•amount provided-for in the Agreement.- 2. One year severance pay for persons affected by job elimination_ or employer to find suitable position at no reduction in pay for said employee. • 3. Premium payment for all shifts other than the normal work day: 1st Shift - 0 Regular Rate .2nd Shift - $.25 per Hour 3rd Shift - $.50 per Hour • This applies to regular scheduled shifts only. On unscheduled work other than first shift, the overtime provision to apply. 4. Guaranteed work year: • After 10 years - 2,080 Hours After 5 years - 2,040 Hours • After 2 Years - 2,000 Hours • Mr. Barkley Omans, Chairman Employer Negotiating Team ( M.A.M.A. April 30, 1976 Page Two 5. All work performed on Sundays, Christmas, New Years, Thanksgiving, and Labor Day be compensated at double time. 6. Three days annual personal leave (non-accumulative). 7. Vacation as follows: • After 15 years of service, one day per year be added to the vacation schedule (present bench mark - 4th week after 15 years); accumulative to 30 days. 8. WAGES: HEO bench mark and like classifications - $8.96/Hr. LEO bench mark and like classifications - $8.16/Hr. • 9. The establishment of an injury-on-duty policy based on six-(6) months' coverage. Communities who presently-.have less-coverage t than this shall adopt this schedule and-this provision:shall be applied at any and all communities which.do not have a present injury on duty plan. 10. The establishment of a severance pay plan based on a combination of unused sick leave and years of service. 11. Establish a mid-year cost of living clause. • 12. Establish a dental plan. 13. This contract to commence on January 1, 1977, and expire December 31, 1977. The Union will select four rank and file members from communities where the Manager or Administrator is not now serving during these negotiations. I, along with fellow Business Representatives and the Committee Members, are prepared to meet immediately in order that these negotiations may be concluded within the framework of the Act governing Public Employee bar- gaining. Respectfully yours, James Boomer, Secretary and Chairman 1977 Municipal Negotiations Dennis Bodin • John Reiter, Jr. CES/drm Charles E. Swenson cc: James Andre Jerry Dulgar Peter Cotton ti Cy Smythe, Labor Relations Assoc., Inc. 24 • • Authorization for Representation in Joint Public Works Negotiations for 1977 with I.U.O.E., Local No. 49 1. The municipality of (name) hereby (authorizes , does not authorize ,) the committee which has been established by MAMA with Barkley Omens as Chairman to serve as its representative in public works negotiations with I.U.O.E., Local No. 49 for 1977. 2. If you have authorized representation of your municipality by the committee in #1 above, in what capacity do you wish to be represented? a. wages b. Master Contract language • c. both "a" and "b" above 3. The Negotiating Committee is interested in your thoughts and suggestions concerning the demands made by Local 49 for contract year 1977. If additional space is needed, please use the back of this form. • • Signed (City Manager) Date PLEASE RETURN TO LABOR RELATIONS ASSOCIATES, INC. BEFORE JUNE 1, 1976 L ViL1 • ,-"77...5,,. - n n Fi- I3r1Y C; J J U Metropoliton Preo Management F►ffociatice-i of the Twin City Area • May 19, 1976 Mr. James Boemer Secretary end Chairman, 1977 Municipal Negotiations - I.U.O.E., Local No. 49 2580 University Avenue Saint Paul, Minnesota 55114 Dear Mr. Boemer: The M.A.M.A. Managers Negotiating Committee is in receipt of your letter of April 30, 1976 requesting a meeting to commence negotiations at the earliest possible time. We are therefore suggesting that we meet on Friday, May 28, 1976 from 10:00 a.m. until 12:00 noon at the office of Labor Relations Associates, 303 Hanover Building, St. Paul. • On behalf of the M.A.M.A. municipalities, we hereby submit the following pro- posals: 1. The agreement be a multi-year settlement; 2. Contract termination date be June 30 instead of the present termination date of December 31; 3. A three (3) year salary step system be established for all • maintenance personnel as a master contract provision; 4. A flat maximum dollar amount of employer contribution be established for health and welfare insurance; and 5. For all municipalities participating in multi-employer negotiations, where the master contract language differs from local contract language, the former shall prevail. On presenting the preceding proposals for negotiations, we reserve the right to delete, add to or change these proposals. 1 TM.00s E Lercock, President Cots...D.LNkrold, Savoie', 603 601 A.sn..e N W., Nor Brighton,limn.66112 � 14600 M.nnelonke B Nnird., *leeks,Man. 66343 16121 633-1335 -7 ty,41v (612)936-2611 Mr. James Boemer May 19, 1976 Page Two The M.A.M.A. Managers Negotiating Committee will recommend to managers with municipalities participating in multi-employer bargaining that members of I.U.O.E., Local No. 49 who are participating in negotiations should be released for such participation on unpaid leave of absence. We look forward to meeting with you on May 28 and to reaching a settlement as quickly as possible. Sincerely, Barkley G. s, Chairman M.A.M.A.- Negotiating Committee BGO:hfc CC: Cy Smythe M.A.M.A.-49 Committee Members Local 49 Negotiating Committee M.A.M.A.-49 City Managers 2(1U o May 21, 1976 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 03-05-76 8906 VOID OUT CHECK ( 1.20) 05-07-76 1432 UNITED WAY ' Contributions withheld from payroll ending 4-30 25.46 1433 STATE OF MINNESOTA Taxes withheld for the month of April 5,925.83 1434 FEDERAL RESERVE BANK' Taxes withheld from 4-30 payroll 4,095.10 1435 PUBLIC EMPLOYEES RETIREMENT Employees.withheld and employer ASSOC.' contributions 4-30 payroll 3,938.21 1436 POSTMASTER- Newsletter mailing 238.13 1437 STRUCTURAL WOOD Beams - Forest Hill play structure 639.54 1438 SOCIETY FOR INDUSTRIAL SECURITY' Seminar cost for public safety officers 12.00 1439 STATE OF MINNESOTA ' Sales tax report for April 200.38 1440 INSTY-PRINTS" Service-Public Safety dept. 32.10 1441 INTERNATIONAL UNION OF Union dues withheld from employees OPERATING ENGINEERS- from June '75 thru May '76 882.50 -t, -1442 DELARIOS KITCHEN' Baskets for bicentennial 279.91 1443 INSTY PRINTS' Posters for community band 5.45 1444 LEAGUE OF MINNESOTA MUNICI- «,,,-,,,; PALITIES' Conference registration-Marty Jessen 48.00 1445 LEAGUE OF MINNESOTA MUNICIPALITIES Deposit on room for Marty Jessen 15.00 1446 A. B. DICK PRODUCTS Repair service on duplicating machine 53.84 1447 AMERICAN RED CROSS Booklets-Community service dept. 1.70 1448 AMERICAN WATER WORKS ASSOC. Book-Water dept. 30.00 1449 AMERICAN PUBLIC WORKS ASSOC. Membership dues - City membership 100.00 1450 AKINS FIRE EQUIPMENT CO. Equipment for Fire dept. e 1t1(-44" 159.90 1451 A & H WELDING & MFG. Supplies-Public Safety dept. 11.46 1452 WILLIAM BYE May services 60.00 1453 JON HANS BUEHLER Reimbursement for cleaning services- Fire dept. blanket 2.50 1454 BLOOMINGTON LOCKSMITH CO. Keys-Public Safety dept. 22.05 1455 BRAUN ENGINEERING Services-Woodland & Martin drive 35.00 1456 BRYAN ROCK PRODUCTS, INC. Crushed rock 1::.48 1457 CITY OF EDINA Water samples 48.00 1458 CHANHASSEN TIRE & AUTO Equipment repair service ors,w.,r 10.00 1459 CRIS CONSTRUCTION CO., INC. Service-Ring Route 6"4-'-N,'7 412°' 150.00 1460 COOK PAINT Paint-Water Plant improvements 12.47 1461 CUTLER-MAGNER CO. Lime-Water dept. 59.94 1462 CAMAN SIGN CO. Decals-For equipment marking 172.78 1463 ROSEMARY DYSINGER Tuition for Human Rights Commission annual meeting 8.00 1464 DRIVERS LICENSE GUIDE CO. Drivers license guides 6.95 1465 D.L.S. Swimming permit folders-Community Services 190.00 1466 DORHOLT PRINTING Services 79.72 1467 EGEBERG CYCLE CO., INC. Equipment parts b49ro., ' e"","' 38.90 1468 EDEN PRAIRIE SANITATION CO. March and April services 8.00 1469 EDEN PRAIRIE COMMUNITY NEWS April services 163.54 • May 21, 1976 05-27-76 1470 FIRST NATIONAL BANK OF MINNEAPOLIS Interest Payment 83.00 . 1471 FRONTIER LUMBER & HARDWARE Materials c r r• -M t 4 w;- '°`^'-'- 102.73 1472 JOHN FRANE Expenses 21.30 1473 GUNNAR ELECTRIC CO., INC. Services c'r' ra . 137.40 1474 GENERAL COMMUNICATIONS, INC. Repair service on radios 70.00 1475 GENERAL OFFICE PRODUCTS CO. Office supplies 218.33 1476 1477 GMC TRUCK&KCOACH DIV. Equipment EE Paint- rpartsk to.-.. 4"°"" I"''" 12.50 110.59 '. 1478 GEORGE M. HANSEN CO. Auditing services 1,650.00 ; 1479 JACK HACKING Expenses 26.09 1480 HOPKINS PARTS CO. Supplies-Fire dept. p, y 0,,„4 10.92 1481 HOPKINS DODGE, INC. Equipment.repair service & parts 204.38 i 1482 JEAN JOHNSON Mileage 7.35 1483 VOID CHECK 1484 JUSTUS LUMBER CO. Materials-Playground trailer 151.34 1485 BARB KROEHLER Refund on tennis 8.00 1486 KOSS PAINT CO. Paint-Water Plant improvements' 22.78 1487 PAM LESTER Exercise class instructions 60.00 1488 MARV LAHTI Mileage 19.32 1489 LEEF BROS. Rugs & rags 28.50 1490 JOAN MEYERS May services 60.00 1491 METROPOLITAN ANIMAL PATROL April services 484.00 1492 MAYVIEW RADIO Repair services on radius 103.40 1493 METROPOLITAN WASTE CONTROL COMMISSION February installment 13,156.90 1494 MCCOMBS-KNUTSON ASSOC. Services-Creekwood Est. 876.00 1495 HERB MASON Refund of portion of deposit submitted for the Prairie Park PUD 400.00 1496 MILLER DAVIS CO. Printed forms-Assessing dept. 167.00 1497 MINNEGASCO Services 839.40 1498 MIDWEST ASPHALT CORP. Asphalt 2,457.20 1499 METRO PRINTING, INC. Guide Plan sheets and envelopes for Office 139.00 1500 MINNESOTA NATURAL GAS CO. Repair service-Park dept. 12.50 1501 MURPHY PLUMBING CO. Maint. supplies-Water dept. 4.20 1502 MODERN TIRE CO. Repair service and tires for equip. 110.75 1503 3M BUSINESS PRODUCTS Copy machine-Public Safety dept. 67.00 1504 NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS Bond payments 121,170.75 1505 NORTHRUP KING Grass seed for Park dept. 1,120.00 1506 NORTHERN STATES POWER Service 3,319.36 1507 NORTHWESTERN BELL Service 1,470.55 1508 OUTDOORSMAN, INC. Ammunition-Public Safety dept. 83.32 1509 CURT OBERLANDER Reimbursement for gasoline 11.25 1510 PERBIX, HARVEY, SIMONS & THORFINNSON Services 5,249.54 1511 SIDNEY PAULY May services 60.00 1512 WOLFGANG PENZEL May Services 80.00 + 1513 TIM PIERCE May services MOO 1514 DICK PUTNAM April expenses 105.85 1515 J. C. PENNEYS Speedometer calibration 20.00 1516 PRAIRIE LAWN & GARDEN Tiller-Park dept. • 195.00 1517 PEPSI-COLA CO. Employees pop 182.25 1518 DONALD ROGERS Seal abandon well-Ring Road project 122.00 1519 RADIO SHACK Equipment-Public Safety dept. 11.25 fV May 21, 1976 05-21-76 1520 MICHAEL ROGERS Mileage for Fire dept. 19.50 1521 RAINBOW SIGNS, INC. Outdoor sign for Water Plant 88.92 1522 ANDREA PIGLES Refund on horseback riding 41.50 . 1523 HEIDI REITHERMAN Refund on gymnastics 6.40 1524 RIEKE-CARROLL-MULLER ASSOCIATES, INC. Services-Mitchell Lake PUD, Lochanburn area, Preserve area F division, Beach Road & Circle, and School Road paving 18,429.13 1525 SPECIALTY SCREENING Emblems & letters for Public Safety and Fire dept. equip. 157.54 1526 SCHERER BROTHERS LUMBER Materials-Forest Hills play structure 803.04 1527 SCHNEIDER AGENCY, INC. Assessor bond policy 20.00 1528 SUN NEWSPAPERS Employment ads 36.70 1529 SEARS ROEBUCK& CO. Tools-Equipment maint. shop 66.30 1530 SEELYE PLASTICS, INC. Chlorinator repair 38.53 1531 ST. PAUL BOOK Office supplies 33.75 1532 W. GORDON SMITH CO. Gasoline and oil for equipment 123.71 1533 R. J. THOMAS MFG. CO. Picnic grills-Park dept. 395.00 1534 UNIVERSITY OF MINNESOTA Conference fee-Sandy Wets 30.00 1535 ROGER ULSTAD Expenses 47.00 1536 UNIFORMS UNLIMITED, INC. Uniforms-Public Safety dept. 363.98 1537 SANDY WERTS Expenses 63.40 :. 1538 KEITH WALL Expenses ' 9.00 1539 WATER PRODUCTS CO. Repair parts-Water dept. 27.80 1540 XEROX CORPORATION Service 776.01 1541 FEDERAL RESERVE BANK Taxes withheld from payroll ending 5-14 4,181.69 1542 VOID CHECK 1543 UNITED WAY Donations withheld 5-14 payroll 25.46 1544 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employer ASSOCIATION contributions 5-14 payroll 3,964.45 1545 G. L. CONTRACTING Service-Preserve Area F division :.,324.41 1546 NORTHDALE CONSTRUCTION Service-Beach Road & Circle 7.435.53 TOTAL 298,541.39 CLERK'S APPLICATION LICENSE LIST May 25, 1976 CONTRACTOR (Single Family) Life Style Homes Tonybrook Homes, Inc. Fireplace Construction Co. Tri-City Builders, Inc. Air Seal Company DRIVE IN THEATRE Flying Cloud Drive-In PLUMBING B & B Utilities CLUB LIQUOR LICENSE Eden Prairie Legion Association These licenses have been approved by the department head responsible for the licensed activity. Rebecca Quernemoen, Deputy Clerk �i(�U • MEMO TO: Mayor & Council • • THRU: Roger Usltad • FROM: John Frans DATE: 5/20/76 RE: We have received the following proposal for Insurance LIABILITY , Home Insurance Co. General Liability: S00,000 Bodily Injury • 100,000 Property Damage $7805 Auto Liability: 250,000/500,000' Bodily Injury , 100,000 Property Damage $5307 • Public Official Liability Midland Insurance Co. (Note 1) $2134 Property (Fire etc.) • • • Home Insurance Co. • Options: $100 deductible when losses are less than $500; losses $500 or over paid in full $5899 or ' $250 deductible when losses are less than $1000; losses $1000 or over paid in full $5344 Vehicle Home Insurance Co. $250 deductable collision $1945 $ 50 deductable comprehensive $ 769 Public° Employees Bond $238 Other Coverages $294 Umbrella $10,000 Regained limit (we pay) $1,000,000 Limit Equitable General Insurance Co. $3000 Workmens Compensation Insurance Home Insurance Co. (Note2) Aid Insurance Co. (Note3) 24►1r • • . The Home Insurance Co., our present carrier for liability, boiler, fire and vehicles indicated their bid was for all or none of the coverages they bid. An anlysis of the two Work Comp. plans shows the Aid plan to be more favorable at lower loss rates and the Home plan to be favorable at higher lossess. The two plans are equal in the expected loss range of 16% to 30%. • Public Officials Liability is a new coverage as far as the City is concerned. It is similar to "errors and omissions" a "Malpractice" coverage. The addition of this type of coverage is discretionary on the part of the Council. This certainly is an era of lawsuits, I would recommend the Council purchase this coverage. Our present Work Comp. carrier with whom we had indicated we would negotiate for the June 1, 1976 renewal, has changed its dividend plan so that it is no longer'favorable to us in the expected loss range. We do have the opportunity to place our insurance with one agent, the• M.H. Lane Agency, and I would recommend this action to the Council. We should award coverage for a one year term with subsequent renewals to be negotiated with the carriers, after review of quotes by other companies. Note 1: This Company was offered by the Hennessy Agency and the Lane Agency. Note 2: • This Company was offered by the Hopkins Insurance Agency and the Lane Agency. Note 3: This Company was offered by the Hennessy Agency and the Hopkins Insurance Agency. • .