HomeMy WebLinkAboutCity Council - 07/19/1977JOHN FRAME
EDEN PRAIRIE CITY COUNCIU
TUESDAY, JULY 19, 1977
COUNCIL MEMBERS:
COUNCIL STAFF:
7:00 PM, CITY HALL
Mayor Wolfgang Penzel, Billy Bye, Joan Meyers,
Dave Osterholt and Sidney Pauly
City Manager Roger Ulstad; City Attorney Harlan
Perbix; Planner Dick Putnam; Finance Director John
Frane; Director of Community Services Marty
Jessen; Engineer Carl Jullie; and Joyce Provo,
Recording Secretary
INVOCATION PLEDGE OF ALLEGIAME
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES OF REGULAR COUNCIL.MEETING HELD TUESDAY, JUNE 2
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HEARINGS
hC 4, eveP.').. Request from Tim Pierce for funds to help support "Proj
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§ Appeal of decision of Board of Appeals & Adjustme
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Peterson, Attorney representing resident on Cedarcrest
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(yentinued from 6/21 and 7/5 Council meeting)
_07-Request from Marty Beth Buckman and Dianna O. Pauling
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to closely consider expenditure for hockey Edenvale and
The Preserve School Park
Request from John Komula to build a two-story home in E
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Greens Addition
VI. ORDINANCES & RESOLUTIONS
_;4solution No. 77-89. approving Preliminary Plat
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Addition, The Preserve
B. 2nd Reading of Ordinance No. 77-26, Highpoint 4th Addi
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from RM 2.5 to R1-13.5 and rezoning agreement
Sanitary Sewer and Watermain Improvements for Edenvie
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Kutcher's Addition and Kurtz Lane, I.C. 51-300 4998
illesolation No. 77-90
B. Scenic Heights Road Improvements, I.C. 51-270 (Resolu
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iV. REPORTS OF ADVISORY COMMISSIONS
V. PETITIONS, REQUESTS & COMMUNICATIONS
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City Council Agenda 2 Tues.,July 19, 1977
c_57ist Reading of Ordinance No. 77-20, rezoning from Rural to R1-13.5 Pag
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for the western approximately 200 acres of the Bluff's East/West
Put) and Rezoning Agreement, Hustad Development Corporation
D. esolution No. 77-46, approving preliminary plat of 250 lots on Page 4782
approximately 200 acres of the Bluff's East/West PUD, Hustad
Development Corporation
2nd Reading of Ordinance No. 77-22, prohibiting noisy parties and Page 496
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unlawful trespasses upon private lands of another without first
securing written permission for such use from the owner of said
property and establishing a penalty for violation thereof
1st Reading of Ordinance No. 77-27, rezoning Eden Prairie Industrial
Park from 1-2 to I-General for Champion Mill Company
(j,,,lesolution No. 77-92, requesting and authorizing the Metropolitan Page 50
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Council Housing and Redevelopment Authority to apply for
Rehabilitation Grant Funds for implementation of the Home
Improvement Grant Program within the City of Eden Prairie
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
‘,10./4pointment of two members to the Parks, Recreation & Natural
Resources Commission for terms to commence August 1, 1977 and
exnire February 28, 1980
t2.14:pointment of U.N. Day Chairman
B. Report of City Attorney
;3.7/Amendment to Physical Electronics Lease Page 5053
e73iscussion on communication from Edenvale pertaining to
Golf Vista Addition : K. Schumacher
41. Discussion on intervening in MAC's lawsuit regarding jeti'
C. Report of City Manager
0,426- 21. Award bids for Civil Defense Sirens
Discussion on Preliminary Plans and Layout for City Hall Page 5057
expansion plans
Fire Department Report on interviews with architectural firms Page 5058
Request for authorization for Public Safety to advertise for Page 5059
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bids for two 1250 ,PM pumper fire trucks and one 1500 GPM
it- a .f/t, aerial ladder truck
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D. Report of Planning Director
—Clarification of conditions for final platting of Red Rock
Hills 3rd Addition
City Council Agenda - 3 - J ues..JulY 19,2172\11i
E. Report of Director of Community Services
Grl: Cooler for Liquor Store
Park Development Projects and Financing Sources for 1977
F. ReRort of City Engineer . .
ye/Receive petition and order feasibility report for improveme
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o Homeward Hills Road, I.C. 51-309 (Resolution No. 77-80
. ication by Minneapolis Floral Company of Lot 16, Block 7,
Westgate Addition, for street purposes
3 eport on Riley Lake Road Improvements, I.C. 51-305
G. Reopv6f Finance Director
Clerk's License List
2. Payment of Claims Nos. 6238 - 6405
Page 5060
Page 4818
Page 5063
Page 5071
Page 5072
Page 5076
VIII. NEW BUSINESS
IX. ADJOURNMENT.
/1 i) fr) (1.
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UNAPPROVED MINUTES
ED/2 PRAIRIE CITY COUNCIL
TUESDAY, JUNE 21, 1977
7600 I% CITY HALL
Mayor Wolfgang Fenzel, Billy Bye,
Joan Meyers Dave Osterholt and
Sidney PaulY
City Manager Roger Ulstad; City
Attorney Harlan Perbix; City Engineer
Carl Jullie; Director of Comumnity
Services Marty Jensen; City Planner
Dick Putnam, and Donna Stanley,
Recording Secretary
INVOCATION: Councilwoman Joan Meyers
PLEDGE OF ALLEGIANCE
ROLL CAM All members present.
I. APPROVAL OF AGENDA AND onusR ITEMS OF BUSINESS
The following items were added under VIII. NEW BUSINESS:
A. Formal reouest by Mr. & Mrs. Rusty Irvine for Public Hearing
retarding zonine ourposen.
B. pm Reouest for Additional Comensation-Schooner Boulevard rroieot
I.G. 51-260
MOTIONt Osterholt moved, seconded by Meyers, to adopt Agenda as published
and amended. Motion carried emenimoutly.
II. SWEARING IN OF PUBLIC SAFETY OFFICERS RONALD ANDERSON. JOHN CONLEY. AND
RICHARD HABENORT
Mayor Fenzel commended turn-out of fellow officers. City Attorney Perbix
swore in the three new members John Conley, Ronald Anderson, and Richard
Rabenort.
Mayor Penzel welcomed officers officially to the Public Safety Department
and wished them luck.
III. PUBLIC HEARINGS
A. Condor Corai:n.rer:at to rez on e Ruzai, to I-2 Park
otmcres ooffic/:arhuseu(Ordinance No. 77-83)
Mr. Jim Riley, Condor :;orporation, spoke to their application for
rezoning the west 375 feet of their property located at 7450 Washington
Avenue South. He noted that the Planning Commission did recommend
approval of the rezoning request, and they would like to extend their
building and increase their parking facilities.
COUNCIL ROGERS'
COUNC.111 STAFF PRESENT:
City Council Minutes • 2 • Mee., June 21, 1977
A. Condor Corporation (continued)
Planning Director Putnam explained that the request was consistent with
the Smetana Lake Study and answered questions of the Council members.
Meyers was concerned whether the back of the property would receive
substantial grading and asked whether grading plans were received.
Riley explained that an agreement had been made with Ht. Belle, property
owner to the Northwest, that Condor Corp. could come up to the property
line and work something out for the hill, which was partially located
on his property and the other part on Helle*s.
Osterholt stressed the importance of an understanding on the future road-
allignment of West 74th Street, when will the road be developed and who
will pay for it. Putnam responded that the road is not to be put in at
this time, but that a right-of-way of the north 30 feet would be dedicated
by Condor Corp., and that the remaining 40 feet has already been dedicated
on Norseman Industrial Park 1st Addition.
Ostetholt further questioned whether the requirements of the zoning ordi-
nance as outlined in the letter of May 16 received from the Condor Corp.
were sufficient to make a decision.
Mr. Belle, 6138 Arctic Way, asked about distribution of the cost of the
road. City Manager lasted explained that when the road was necessary,
property owners could petition the City, or the City could order the
street to to built, and the cost assessed to the property owners. He
further explained that each parcel is responsible for their share of
assessments.
MeTION: Osterbolt moved, seconded by Bye, to close the Public Hearing
and to adopt the first reading of Ordinance NO. 77-83, and that the
developer supply the necessary information showing more detailed plans
on the requirements of Ordinance 135. MOtion carried unanimously.
MOTION: Meyers moved, seconded by Osterholt, to draft rezoning agree-
ment; with provisions that Ordinance 135 are followed; dedication for
right-of-way for ',Jest 74th Street and potential road assessment for
West 74th Street against this property; that the Engineering Department
receive approved grading plans before second reading; and receive agree-
ment in writing from adjoining property owners that those property owners
are agreeable to the plans. Motion carried unanimously.
B. permel/Smahv Realty. Inc.. reouest to rezqne from Rural to Orrice
approximately 1 acre at 8110 Lden Road. (Ordinance No. 77-84)
Mr. Bruce Bermel, Executive Vice President, located site, explaining that
it is presently single family residential property, and it is the interest
of Bermel-Smaby Realty to remodel this property and open as a new residential
real estate office for their company.
Planning Director Putnam spoke to the review of this request at the
May 23rd Planning Commission meeting and their recommendation.of approval.
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City Council Minutes . 3 Tues., June 21, 1977
permel/Sambe Realty. Inc. (continued)
Putnam explained that it was their plan ultimately that this building
will be removed from the site and the balance of this site filled and
an office building constructed upon it, which would not be for five
years or 93.
Putname answered questions on the request.
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IOTIONs Bye moved, seconded by Pauly, to close the Public Bearing and
to approve Ordinance 77-84 granting Bermel/Smaby Realty, Inc. their request
to rezone approximately one acre from Rural to Office.
Meyers was concerned that the City would be setting a precedent and would
be more inclined to favor the drafting of an "interim agreement".
Mayor Fenzel, in agreement with Meyers and Pauly, commented that they
would consider this "spot zoning", and Penzel urged the Council to con-
sider the adoption of a transition amendment to the Ordinance to make
an "interim use agreement" less complex.
Bye expressed concern that the Council is not reacting to the request
made, but are putting different words into what the company is asking.
Mr. Bermel staked whether debial of the request would preclude agree-
ment for a year. City Attorney Perbix explained that should the Council
choose to use the "interim agreement", we could be instructed to draw
the agreement for the next meeting. He explained further
that the only contingency would be the length of time the agreement vould
ran.
Bermel commented that they would be willing to accept this type of agree-
ment on a ten year basis, and agree that we wil1 convert that property
to "higher" uses.
VOTE ON =ION: Bye and Osterholt voted "aye"; Penzel, Meyers and Pauly
voted "nay". Motion failed.
MOTION: Pauly moved, seconded by Meyers, to direct the City Attorney to
draft rezoning agreement covering "interim use" for the use of the single
family residence as office building by Bermel/Smaby Realty, Inc..
Meyers requested Pauly to include reference set forth by Mr. Bernal in
letter of May 2, 1977, with the time limit of seven years in the"interim
use agreement", with review after that time and an option to extend for
another three years.
Pauly felt that whatever time limit was put on the proposal, it will be
reviewed and had no objections to ten years.
Bye questioned how the City was protected by putting on a time limit,
and felt we should be looking at the credentials of businesses wanting
to come Into Eden Prairie.
City Council Minutes - 4- Tnes., june 21, 1977
B. plermel/Snaby Realty. Inc. (continued)
Pensel pointed out that the point of contention was the Method used
to accomplish the interest of the company, and the question is, is it
appropriate to use resident use for business purpose.
ROLL CALL VOTE: Pauly, Penzel and Meyers voted °aye", Osterbolt and
Bye voted "nay". Motion carried.
C. Edenvale Industrial Park. Outlot F by Edenvale. reouest to vreliminary
plat into 5 lots and renopo from I-General to 1-2 Park. (Continued from
June 14th Council Meeting)(ResoltionNo. 77-41; Grdinanoe NO. 77-14)
Mr. Peterson, Dienvale Inc., spoke to the project and the reason for
his request to provide smaller lots for industrial buildings, which
they are experiencing a good demand for. He had reviewed the recommenda-
tions by the Planning Commission and found them agreeable.
MOTION: Osterbolt moved, seconded by Meyers, to close the Public Hearing
and to approve the first reading of Ordinance NO. 77-14. Motion carried
=ominously.
MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 77-41,
approving the preliminary plat for Edenvale Industrial Park, Outlot F,
by Edenvale. Motion carried unanimously.
MOTION: Meyers moved, seconded by Osterholt, to direct City Attothey Perbi
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to draft a rezoning agreement and include setback provisions as per Staff
Report dated June 7, 1977. Motion carried unanimously.
D. Bituminous Paving on Riley Lake Road. I.C. 51-305 (Resolution No. 77-86)
City Manager Ulstad spoke to the request for a Public Hearing by the proper-
ty owners with frontages on Riley Lake Road to be called for entire unpaved
length of road from County Rd. 1 to west City limits. Be spoke to the
Feasibility Report submitted by City Engineer Jullie and to the preliminary
assessment roll of parcels and front footages involved for the complete
project and also an alternate assessment roll for a reduced project o utinh
would involve caving only 400 ft. of the roadway.
City Engineer Jullie responded to questions from the Council and residents.
Mr. Joseph telejsi, 9005 Riley Lake Rd., questioned who would potentially
bear the cost. Jullie responded that only four owners who petitioned would
pay the cost of the improvement on their road frontage.
Meted spoke to communication received from Howard, Priscella and Martin
Good stating their opposition to paving Riley Lake Rd..
Er. F. J. SChnidel, spoke in opposition to the improvement because of the
expense.
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City Council Minutes •• 5 ties., June 21, 1977
D. Dituminous PavinR on Riley Lake Road (continued)
Nr. Leonard Swedlund, 9000 Riley Lake Rd. edited whether it could be
approached in a manner where the City would be assessed the cost, because
he felt it was more of a City road, rather than private. He commented
further that he feels property will never be developed and it was too
expensive for the people involved to pay for it.
Julie explained that the only City sources of funds would be general
hinds and through State Aid, both of Which have stipulated requirements.
Mr. Wallace Anderson, 9014 Riley Lake Rd, questioned Whether the letter
referred to by 'listed from the Goods was in opposition to the total or
limited plan. Meyer Penzel responded it referred to the total plan.
Elaine Jacques, 9021 Riley Lake Rd. stated her opposition for following
re a sons t land is presently agricultural and a paved road would speed up
traffic, would benefit 170 unit complex designed for adult use of the
road, causing an increase of traffic, narrow banks, and poor upkeep of
the road by the City. She felt they should make arrangements with the
people Who signed the petition.
POTION' Osterholt moved, seconded by Meyers, to adopt Resolution No. 7746,
receiving Feasibility Report and ordering improvements on Riley Lake Road,
I.C. 51-305, benefiting only those property owners who signed the petition,
and directing the Staff to secure figures on the reduced project and also
to oil the road more than ice a year to reduce the dust problem. Mbtion
carried unanimously.
Mr. Anderson requested clarification of the motion. Fenzel responded that
the limited project would be carried out and the decision on the method of
assessment would be made at the assessment bearing.
IV. REPORTS OF ADVISORY COMMISSIONS
None.
V. NETITIOYS. REQUESTS & C012 ,111TICATIONS
Appeal of decision of the Hoard of Anneals & Adiustments by Dennis Peterson,
Attorney, representinp resident on Cedar Crest Drive.(Communication of May 11.
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Mr. Dennis Peterson, Attorney, representing residents on Cedar Crest Drive,
explained that no complaints were made before because the residents were
not aware until two months ago of the intention of the Hendrieksons to build
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the driveway connecting to Cedar Crest Drive. He said the residents insist
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authority was given at the meeting for the driveway and that Mr. Sands only
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easement, and there are possible zoning violations. He further explained th
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erosion problem is not being taken care of as recommended by the Riley-Purga
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Watershed District. In addition, non-residents are coming in because it
appears to be a "through street", creating a dangerous situation for the
children. He requested that the Council undertake a study to determine
Whether authority was granted to construct the drive-way, and if not so,
Hendrickson should be required to remove the drive-way.
A.
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City Council Minutes - 6 - June 21, 1977, Tuesday
A. Anneal of decision of the Board of Anveals& Adiustments by Denniq
Peterson. Attorney, representing resident on Cedar Crest Drive ,continued)
MOTION* Bye moved, seconded by Osterholt, to direct the Staff to investi-
gate the matter and report back to the Council, if in fact - the action wa
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taken, to give us some basis to react to this situation.
Pensel requested the addition of investigating permits by the Watershed
District and Engineering Department.
Mayers felt the Motion was not necessary, because She recalled the Minut
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and said they were correct, and that they were approved on May 20, 1977,
and did not understand how residents could have left without understandi
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the Notion, because the intent was there.
*. R. H. Cole, 17251 Cedar Crest Drive, spoke to the Hendrickson proper
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and Sands easement, which they are using jointly as a driveway, and
commented that When he had left the March 18 meeting, he felt they had
struck an honest compromise, and that the access would be to Co. Rd. 1,
rather than by Sands property and cul-te-sac. He was concerned with a
street going through.
Osterholt asked whether they could see any solution that would be agree-
able and whether it would be agreeable if Hendrickson would agree never to
request a street at that point.
Mary Cable, 17181 Cedar Crest Drive, spoke to lengtieconversation to ex-
plore many alternatives at the meeting, and she understood the studies
were to be made first and that no more residences would be built there.
W. Duane Cable, explained that he had hired Peterson because of above
reasons, and that there were only two weeks of study, and that as a tax-
payer he should be listened to.
City Attorney Perbix commented that the Minutes stand as published, and
the March 18 action is being re-considered now, and under the revised
Ordinance that could not be done. Be continued that whether they comply
with the Watershed District recommendations is valid.
Cable requested that Perbix check to see whether Landholders agreement w
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filed, and that as a solution, they consider the fact that Mr. Hendricks
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has been living in his house for eleven months, and that the other acces
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must be accurate, or Why this driveway now.
VOTE ON MOTION: Motion carried unanimously.
Osterholt requested that a representative of the Hendrickson's be present.
MOTIONI Meyers moved, seconded by Osterholt, to direct Staff and whoever
is responsible to enforce erosion measures along the driveway as soon as
possible. Motion carried unanimously.
VI. ORDINANCES & RESOLUTIONS
A. 2nd Readinp of Ordinance No. 338. amending Human Riphts Ordinance tq
include Cormunitv Based Services Board to assist all sueerviseq
residential ero-remor_ocial—rAhahilitatien_nesmea.
Putnam spoke to the intent of the amendment and answered questions of Co
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City Council Minutes - 7 - Wes., June 21, 1977
=ION; Osterholt moved, seconded by Meyers, to adopt the 2nd Reading
of Ordinance No. 338, relating to the Human Rights Commission and amending
Ordinance NO. 111 as amended. Motion carried unanimously.
B. Resolution No. 7745. surportine the immediate construction of
U.S. Hirhwav 4212.
Meyers spoke to her record in opposition of this Construction and re-
quested re-evaluation. She questioned the environmental impact on the
City; acoesmetoHighway 212, which are minimal; loss of developable land;
and stated she would support the review and re-evaluation of the classifi-
cation and design of Highways 494, 169 and 5; alternatives to Highway 5;
and receiving reactions from Planners and citizens.
lasted spoke to the hazards of traffic today, aad use of those people
who come vest through town, greatly overloading our roads.
MOTION; Osterholt moved, seconded by Bye, to adopt Resolution 77-85,
adding to the resolution the following language: "the urgent importance
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supplement and relieve the pressure from State Highways #169 and #5 as t
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are inadequate to serve the public: Motion carried unanimously.
C. 1st Readitir of Ordinance No. 77-22. _Prehibitinz noisey parties and
unlawful trespasses unon the Private lands of another without Ural
geouring written permission for such use from the owner of said property
and establishing a penalty for violation thereof.
City Attorney Forbin spoke to the importance of thin ordinance to the
Public Safety Department.
MOTION: Meyers moved, seconded by Pauly, to continue 1st Reading of
Ordinance No. 77-22, prohibiting noisey parties and unlawful trespasses
and establishing a penalty for violation thereof, and requesting the
presence of Officer Backing it the July 5 meeting. Motion carried unanimousl
y
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VII. REPORTS OF OFFICERS. BOARDS & ocksilssion
A. Renorts of Council membera
1. Anne mer_ta_timIZEmAglariom
to expire February 28. 1980
Continued to meeting of July 3, 1977. •
2. Amointment of one member to the Industrial Commission for a term
to expire February 28. 1979
Meyers placed the name of Mi. Don Flom into nomination.
MOTION; Osterholt mrrad, seconded by Meyers, that nominations be
closed, and to cast an unaninous ballot, for Don Flom to serve for
a term to expire February 28, 1979 on the Industrial Commission.
Motion carried unanimously.
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City Council Minutes • 8 - Tues., June 21, 1977
A. Reports of Council membere (continued)
3. 6nnointment of one member to the Building Code Board of Anneals for
e term to expire February 28. 1978
Continued to meeting of July 3, 1977.
B. Rpnort of City Manager
1. Tax Delinouent :property (Resolution No. 77-76)
Meted spoke to the Memo of May 27, 1977 received from Director of
Community Services Jessen regarding tax forfeited property.
Director of Community Services Jessen responded to questions on the
concerned parcels.
NOTION: Osterholt moved, seconded by Pauly, to adopt Resolution 77-76,
stating the City's intent concerning certain tax delinquent parcels.
Notion carried unanimously.
2. Municiral Liouor Store lease
City Attorney Perbix informed the Council that he had reviewed the
lease and found the document in order.
NOTION: Osterholt moved, seconded by Meyers, to authorize the Mayor
and City Manager to enter lease agreement for Municipal Liquor Store
as outlined and presented. Motion carried. Fenzel, Meyers, Bye and
Osterholt voted "aye", Fauleabstained".
NOTION: Meyers moved, seconded by Osterholt, to authorize Staff to
set July 19th as date to receive bids for fixtures and other sundry
equipment needed for the store. Fenzel, Meyers, Bye and Osterholt
voted "aye", Pauly "abstained". Motion carried.
3. City Hall xpansion DU:A
Ulstad spoke to the number of architects interested in providing consulting
services to design an addition to the City Hall, and suggested
that the Council consider Design Two, located in Excelsior, at a
total cost of a1,500, with a a,000 deduction for reducing super-
vision done by the City.
Pauly was in favor of selecting Tom Carmody, located in Eden Prairie,
and felt there was a misunderstanding on his inability to handle this
project because of other priorities.
HCITION: Meyers moved, seconded by Pauly, to direct City Manager Ulstad
to authorize Mr. Tom Carmody as architect for City Hall expansion,
and negotiate with him on reduction of costs if City does supervision,
and authorize him to start on preliminary cost figures. Motion carried
unanimously.
City Council Minutes - 9 . Tues., JUDO 21, 1977
B. Sembrt of City Manamer (continued)
4.tuthorization to advertise for bids for Civil Defense Sirens
Ulstad spoke to Memo from Mr. Keith Wall, dated June 9, 1977,
regarding two new siren sites and the positive response received
from homeowners in the areas. .
NOTION: Ostmrholt moved, seconded by Meyers, to set July 19th to
receive bids for two additional civil defense sirens at locations
outlined in Memo received from Mr. Keith Wall, dated June 9, 1977.
Mbtion carried unanimously.
C. Report of City Attorney
1. Reeulation of mini and trail bikes
Meyer Fenzel requested that action be taken along with Ordinance
prohibiting noieey parties, at July 5th meeting.
D. Resort of Flaunter Director
1. Sian Ordinance
Putnam spoke to the draft of the Sign Ordinance and responded
to questions by Council members.
NOTION: Pauly moved, seconded by Meyers, to direct Sign Ordinance
to Osterholt for his review of the new and old Sign Ordinance, and
come back with a revised version. Motion carried unanimously.
2. Metropolitan System Statement (Resolution No 77-88)
Meted spoke to the Memo of Jute 17th from Planning Director
and Planning 'Consultant regarding recommendations on letab System
Statement.
MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution 77-88,
requesting funds from the Metropolitan Council for Comprehensive Planning.
Nbtion carried unanimously.
B. Report of Director of Community Serviced
1. Recommendation from the Parks. Recreation 84 Natural Resources Commission
on Cash Pork Fee and from City Attorney as to what can be enforced.
Tasted reported that the Commission has reviewed the item, and they have
requested additional time to develop.
NOTION: Bye moved, seconded by Osterholt, to continue the Cash Park
Pee recommendation from PR& NR Commission until the meeting of Aug. 2.
Motion carried oneoimbusly.
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City Council Minutes Tues., June 21, 1977
E. Report of Director of Community Service (continued)
2. Recommendation of the Parks. Recreation& Natural Resources Commis;
fr a 'later Quality Analysis of Round Lake
Director of Community Services Jensen spoke to his Memo of June 17th
and answered questions from the Council.
MYTION: Meyers moved, seconded by Bye to authorize the Staff to
draw up an agreement of scope, cost, plan of action and plan of
agreement with Riley/Purgatory Greek Watershed Dist rict, for a water
quality study at Round Lake. Motion carried unanimously.
3. Recommendation of the Perks. Recreation & Natural Resources Commisspn
t aorraise 4 noir, bor ood playeround sites: 1) Franlo/l. 2) Tonview.
Ridden Pond and R ed iock.
Jensen spoke to his Memo of June 17th, and recommended proceeding with
the independent appraisals.
Osterholt requested specifics on these sites in case there are options.
Jensen responded that he could work with the appraiser to develop op-
tions in each of the four areas.
MOTION: Osterholt moved, seconded by Meyers, to accept the recommenda-
tion of the PR& MR Commission for proceeding with appraisals on
certain neighborhood park sites as listed in Memo of June 17th.
Mbtiou -Irried unanimously.
F. *wort of City EnRineer
1. Consider bids for bituminous Dever and roller. 1.3. 51-307
City Engineer Jullie spoke to his Memo containing a summary of the
sealed bids received on June 19, 1977, for a tow type bituminous
paving machine and a static, steel drum type roller.
MOTION: Osterholt moved, seconded by Meyers, to accept the bid from
Road Machinery and Supplies Co.. as per Julie's recommendation.
ROLL CALL VOTE: Al]. voted "aye". Notion carried unanimously.
2. Receive updated feasibility report for Seenic HeiRhts Road Imorove-
gents. I.J. 51-270 (Resolution No. 77-87)
Jullie spoke to the request for hearing on July 19th and to changes
in cost of the project.
MOTION: Pauly moved, seconded by Osterholt, to approve Resolution 77-87,
receiving revised feasibility report and calling for a hearing, set
for July 19th, as per Mk. Jullie's recommendation. Motion carried
unanimously.
C. Report of Finance Director
1. Proposed settlement of 1071-72 reserve meaty charRes for the
Metrbrolitan Waste Gontrol_Cormlission
lasted spoke to Metropolitan Waste Control Commission reserve
(19 9
..4reda Vler•
City Council Minutes - 11 Tues., June 21, 1977
1. Proposed settlement of 1971-72-reserve capacity charges for MICC (conld)
capacity charges to Eden Prairie for 1971 & 1972. He spoke to alternative
proposals for settlement as outlined in report submitted by Finance Director Franc.
Finance Director Frane answered questions on his proposal of SAC payments.
Pensel requested an opinion from City Attorney Perbix on whether the City
can assess =developable land, and what are our alternatives.
HYMN: Osterholt moved, seconded by Meyers, to request meeting with
the Metropolitan Waste Control Commission at July 19, 1977 Council
meeting. Motion carried unanimously.
2. )vment of Claims Nos. 5909 - 6080
14YFOONs Osterbolt moved, seconded by Meyers, to approve Claims List
submitted by Finance Director Frame. ROLL CALL VOTEs All voted °aye,
motion carried unanimously.
3. Gleik's License List (Dated June 21, 1977)
MOTIONs Meyers moved, seconded by Osterholt, to approve Clerk's License
List of June 21, 1977. Motion carried unanimously.
VIII. ELM=
A. Dieted spoke to formal Public Hearing request by Mr. & Mrs. Rusty Irvine
for July 19th.
MOTION: Meyers moved, seconded by Pauly, to set July 19th for Public
Hearing, with the understanding that if the Planning Commission has no
recommendation, it would have to be continued. Meyers withdrew her motion.
MOTION: Osterholt moved to set Aug. 2, 1977 as date of Public Hearing
as per request of Mr. & Mrs. Rusty Irvine. Mbtion carried unanimously.
B. HMTB Reauest for Additional Compensation. kchooner Boulevard Project,
I.C. 51-260
Jullie spoke to proposed settlement and to revised City Staff recommended
offer of 09,545.70.
MOTION: Osterholt loved, seconded by Bye, to refer report to City Attorney,
to compare with contract, and to pay only the claims that are clearly
substantiated. Motion carried unanimously.
AD IOU
MDTIONs Osterholt moved to adjourn at 11:45 PM, seconded by Meyers. Motion
carried unanimously.
qL)4
CITY OFFICES / 11411 EDEN PRAIRIE ROAD / EDEN PRAIRIE, MINNESOTA 55343 / TELEPHONE IBM 141.2212
NOTICE
TO WHOM IT MAY CONCERN:
The notice previously sent announcing the time and place of the hearing
on the paving of Riley Lake Road was in error. The time is 7:00 P.M.
not 4:00 P.M. on Tuesday June 21, 1977. at City Hall.
Engineering Department
CITY OF EDEN PRAIRIE
/1:0 .ill4, e'ea-r c"
Xj22 -rt-ee., ,et4.e..-
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ck .
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cPt- 14E9-1 •>/ /?;47 cr:,
a.P110.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
July 19, 1977 I
RESOLUTION NO. 77-90
RESOLUTION ORDERING neRovnewrs
Eden View and Kurtz Lane Areas
I.C. 51-300
WHEREAS, a resolution of the City Council adopted the 14th day of
June, 1977, fixed the 19th day of July, 1977, as the date for a public
hearing on the following proposed improvements:
IC. 51-300, Sanitary sewer, watermain and
restoration in Edenview I, Kutcher's First
Addition and on Kurtz Lane.
WHEREAS, all property owners whose property is liable to be assessed
for the making of these improvements were given ten days' published notice of
the Council hearing through two weekly publications of the required notice and
the hearing was held and property owners heard on the 19th day of July, 1977;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
1. Such improvements as described in the feasibility report dated
Mine 30, 1977, and as abolle indicated are hereby ordered (and
amended as follows):
2. The City Engineer is hereby designated as the Engineer for this
project and is hereby directed to prepare plans and specifications
for the making of such improvement, with the assistance of RCM
Associates, Consulting Engineers.
ADOPTED by the City Council of the City of Eden Prairie on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frame, Clerk
DETERMINATION OF ASSESSMENTS
The following assessment calculations are based on estimated project costs for the
sanitary sewer and restoration. The water assessments are based on an amount
previously assessed for lateral water service. There are three different assessment
rates listed in the preliminary assessment roll:
Rate A is the normal assessment for both trunk and lateral sewer and water,
Rialialing restoration costs but with a $1,000 credit for houses constructed
before June 22, 1971.
Rate B is the assessment for a double bungalow, based on 14 times the normal
iTFire residential unit assessment and including the $1,000 credit.
late C is the same as Rate A above but without the $1,000 credit.
EDENVIEW - KUTCHER AREA
Item
Sanitary Sewer
Restoration
Watermain
Assessment
Project Cost Units
$259,200 94
156,500 94-
Based on Prior Projects
Basic Lateral Assessment
Assessment
$2,757
1,665
1,534
$5,956
Basic Lateral Assessment
Double Bungalow (14)
Trunk Assessment
Less Credit
TOTAL ASSESSMENT
Rate C
$5,956
$8,934
520 780 520
(1,000) (1,000)
$5,476 $8,714 $6,476
Rate A
Rate B
$5,956
Item
Sanitary Sewer
Restoration
Watermain
KURTZ LANE AREA
Assessment
Project Cost Unit
$74,100 304
35,900 304
Based on Prior Projects
Basic Lateral Assessment
Assessment
$2,429
1,177
1,534
$5,140
Basic Lateral Assessment
Double Bungalow (14)
Trunk Assessment
Less Credit
TOTAL ASSESSMENT
Rate C
$5,140
$7,710
520 780 520
(1,000) (1,000)
$4,660 $7,490 $5,660
Rate A
Rate B
$5,140
VA9
MONTHLY PAYMENTS
FOR
ASSESSMENTS OF VARIOUS RATES
(BASED ON 8% INTEREST RATE) .
PAYMENTS
Year $4,660 $5,476 15,660 $6,476 18,714
1 54 63 65 75 101
2 52 61 63 72 97
3 50 59 61 70 94
4 48 57 .59 67 91
5 47 55 57 65 87
6 45 53 54 62 84
7 43 50 52 60 80
8 41 48 50 57 77
9 39 46 48 55 73
10 37 44 45 52 70
11 36 42 43 49 67
12 34 40 41 47 63
13 32 38 39 44 60
14 30 35 37 42 56
15 28 33 34 39 53
16 26 31 32 37 50
17 25 29 30 34 46
PRELIMINARY ASSESSMENT ROLL
IMPROVEMENT CONTRACT 51-300
Lot or Parcel
PIN VIEW KUTCHER AREA
Eden View 1 Block 1
lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Eden View 1 Block 2
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12
Lot 13 .
Lot 14
Lot 15
Lot 16
Eden View I Block 3
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12
Lot 13
Lot 14 8 15
Lot 16
Lot 17
Lot 18
Lot 19
Lot 20
Lot 21
Lot 22
Lot 23
Eden View I Block 4
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12
Lot 13
Lot 14
Lot 15
Lot 16
Lot 17
Lot 18
Owner
Ve:lyn 6. Louts
Carl R. Norman, Sr. •
Clayton A. Seemann
Richard Axel
Nicolas Westman
William L. Carpenter
C. F. Overholt. Jr.
Daniel D. Stucki
Orville D. Patten
Lauren W. Olson
Roy Jensen
James V. Dressel
Ronald Bartz
James L. Cardinal
Anthony Rosinger
Steven Howerton
Allan L. Johnson
M. H. Corniea
Larry L. Anderson
Emil S. Donat
Robert Watson
Bertwood Pendleton
Milford Terwedo
David C. Herzog
Timothy Pierce
Gale Clark
Paul D. Rehwoldt
Jerome McHale
Harold Trocke
F. W. Helmer
Douglas B. Lind
Albert W. Laidlaw
John Coulter
Philip W. Ween
James Lindblad
Clyde James Savage
D. A. Rose
Helmer Rogneby
Gary Walworth
Ronald Hanson
Lance Finberg
George J. Martin
Victor Carlson
Mayer Berg
Eldon A. Hiebert
George W. Balch
James M. Griffin
Archie Harju
Neal K. Rabe
N. C. Ulrich
James S. Wilson
Allan S. Carpenter
Paul E. Choiniere
Arnold Rohe
Roger K. White
Joseph Morin
Lyle V. Johnson
Gilbert J. Kehr
C. A. Zeik
Ralph S. Meyers
E. R. Drebenstedt
Stanley Rod
Clarence Guttromson
Total Assessment
A 5476
A 5476
A 5476
A 5476
A 5476 •
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476 *
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476 •
A 5476
6476
A 5476
A 54/6
A 5476 •
A 5476
A 5476
A 5476
A 5476
A 5476
A $4476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476 •
A 5476
A 5476 •
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476 •
A 5476 •
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
5001
PRELIMINARY ASSESSMENT ROLL
(Continued)
Brian Miller
Carl Kraemer
Vernon Stickler
Williamson Construction
Chester Harms
Thomas Makousky
Lot or Parcel Owner
Kutcher's lit Addition Block 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Kutcher's lit Addition Block 3
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Tract C. RU 659
Tract A, RLS 440 (3020)
Tract A. RU 440 (3030)
Tract 8, RU 440
Tract C, RLS 440 (9000) and
Lot 1, 81 1, Kutcher's 1st (0500) Ronnie Stevens
Tract E. RU 421 and
Tract A, RU 381 Mike Wolfe .
Tract B. RLS 181 Eugene Becker
Tract C. RLS 381 L. E. Erickson
Tract D, RU 381 Robert Bronson
Tract E. RLS 381 Archie Kutcher
Section 4, 1 116, II/
Parcel 4510
Parcel 5510
Parcel 6210
Parcel 3806
Parcel 5820
Parcel 6620
Total Assessment
A $5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476 •
A 5476
A 5476
A 5476
A 5476
A 5476
A 5476
8 8714
8 8714
A 5476
A 5476
A 5476
A 5476
A 5476
8714
A 5476
A 5476 •
A 5476
A 5476
A 5476.
Stanley Munkelwitz
O. P. itagnell
Louis C. Witt
John F. Johnson
Roland Pashina
Harold E. Johnson
John P. Norum
Charles T. Andrs
Harvey W. Linden
Dale Freeberg
D. J. Wagner
James Goetz*
Dale Hymen
John Palmer
Sylverious Schug
Ronald Antoine. Jr.
K1R12 LANE AREA
Kakach 1st Addition Block 1
lot 1
Lot 2
lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Tract A, RLS 1016
Tract B. RU 1016
Tract C. RU 1016
Tract A. RLS 1120
Tract B. MS 1120
Tract C. RLS 1120
Tract H. RLS 261
Tract RLS 261
Tract J, RU 261
Tract K. RLS 261
Birch Island Acres Block 1
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 15
Lot 16
.Pafco Block 1
Lot 1 (Part) (3010) L. B. Sultzman
Lot 1 8 2 (Part) (3100) Charles toner
• • •
.1 • •
•
•
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
4660
5660
5660
5660
5660
5660
5660
5660
4660
4660
5660
5660
4660
4660
4660
5660
4660
5660
4660
4660
4660
5660
4660
4660
4660
5660
4660
4660
C 5660
B 7490
Donal P. O'Donnell. Jr.
Les Jef Investment Co.
• •
. • • . •
Harold Griffiths
Orval Westerman
Norman Friedricks
Robert Jacobs
Anthony Hirt
Clifford Thompson
C. C. Wyatt
C. C. Wyatt
Fred E. Curtis
J. D. Devore
Roger E. Hero
Jack Steinmetz
Harry Bloomquist
David L. Fisher
David L. Fisher
Dorothy Embretson
Edward M. Yarbrough
John Hastings
Earl Randle
F. P. Kurtz
• Indicates $520 already paid for trunk assessment.
s-ooz
ALTERNATE
DETERMINATION OF ASSESSMENTS
If the total project costs are spread over the existing lots plus
25 additional imaginary lots to the north of 62nd Street and east
of County Road No. 4, the cost per lot would be reduced as follows:
Item
Sanitary Sewer
Restoration
Watermain
COMBINED EDENVIEW, KUTCHER & KURTZ LANE
(Assessment Units = 94 + 304 + 25 = 149 10
Assessment
Project Cost Units
$333,300 1494
192,400 1494
Based on Prior Projects
Basic Lateral Assessment
Assessment
$2,229
1,287
1,534
$5,050
Rate A
Basic Lateral Assessment $5,050
Double Bungalow (14)
Trunk Assessment 520
Less Credit (1,000)
TOTAL ASSESSMENT $4,570
Rate C
$5,050
$7;575
780 • 520
(1,000)
$7,355 $5,570
Rate B
5003
ALTERNATE
MONTHLY PAYMENTS
FOR
ASSESSMENTS OF VARIOUS RATES
(BASED ON 8% INTEREST RATE)
PAYMENTS
Year
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
$4,570
53
51
49
48
46
44
42
ao
39
37
35
33
31
30
28
26
24
$5,570
64
.62
60
58
56
54
51
49
47
45
43
40
38
36
34
32 .
30
$7,355
85
82
79
76
74
71
68
65
62
59
56
53
51
48
45
42
39
5oo ti
ALTERNATE
PRELIMINARY ASSESSMENT POLL
IMPROVEMENT CONTRACT 51-300
Total Assessment Lot or Parcel
EDEN VIEW - KUTCHER AREA
Eden View I Block 1
-TOT
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Eden View 1 Block 2
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12.
Lot 13
Lot 14
Lot 15
Lot 16
Eden View I Block 3
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
tot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12
Lot 13
Lot 14 8 15
Lot 16
Lot 17
Lot 18
Lot 19
Lot 20
Lot 21
Lot 22
Lot 23
Eden View 1 Block 4
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12
Lot 13
Lot 14
Lot 15
Lot 16
Lot 17
tot 18
Owner
Verlyn G. Looks
• .
Carl R. Noreen, Sr.
Clayton A. Seemann
Richard Axel
Nicolas Westman
William L. Carpenter
C. F. Overholt, Jr.
Daniel D. Stucki
Orville D. Patten
Lauren V. Olson
Roy Jensen
James W. Oressel
Ronald Berta
James L. Cardinal
Anthony Rosinger
Steven Howerton
Allan L. Johnson
N. N. Cornice
Larry L. Anderson
Emil S. Donat
Robert Watson
Bertwood Pendleton
Milford Tented°
David C. Herzog
Timothy Pierce
Gale Clark
Paul D. Rehwoldt
Jerome licHale
Harold Trocke
F. W. Helmer
Douglas B. Lind
Albert W. Laidlaw
John Coulter
Philip W. Ween
James Lindblad
Clyde James Savage
D. A. Rose
Helmer Rogneby
Gary Walworth A
Ronald Hanson
Lance finberg
George J. Martin
Victor Carlson
Mayer Berg
Eldon A. Hiebert
George W. Balch
James M. Griffin
Archie Harju
Neal K. Rabe
H. C. Ulrich
James S. Wilson
Allan S. Carpenter
Paul E. Choiniere
Arnold Rohe
Roger K. White
Joseph Morin
Lyle V. Johnson
Gilbert J. Kehr
C. A. Zeik
Ralph S. Meyers
E. R. Dribenstedt
Stanley Rud
Clarence Guttromson
500 S
$4570
4570
4570
4570
4570 •
4570
4570
4570
4570
4570
4570
4570
4570
4570 *
4570
4570
4570
4570
4570
4570
4570
4570
4570 *
4570
5570
4570
4570
4570 •
4570
4570
4570
4570
4570
4570
4570
4570
4570
4570
4570
4570 •
4570
4570 *
4570
4570
4570
4570
4570
4570
4570
4570
4570
4570
4570
4570
4570 •
4570 •
4570
4570
4570
4570
4570
4570
4570
4570
A $4570
A 4570
A 4570
A 4570
A 4570
A 4570
A 4570
A 4570
A 4570 •
A 4570
A 4570
A 4570
A 4570
A 4570
A 4570
8 7355
B 7355
A 4570
A 4570
A 4570
A 4570
A 4570
8
A
A
A
A
A
7355
4570
4570 •
4570 •
4570
4570 •
A 4570
5570
5570
5570
5570
5570
5570
5570
A 4570
A 4570
5570
5570
A 4570
A 4570
A 4570
5570
A 4570
5570.
A 4570
A 4570
A 4570
5570
A 4570
A 4570
A 4570
5570
A 4570
A 4570
Lo t3
KURTZ LANE AREA
Kakach lot Addition Block I
Lot I
Lot 2
l 3
Lot 4
Lot 5
Lot 6
Lot)
Tract C. RIS 1120
Tract H. RLS 261
C 5570
B 7355
•
*ALTERNATE
PRELIMINARY ASSESSMENT ROLL
(Continued)
tc.4 or Parcel
ner
Tol.aissessment
Butcher's 1st Addition Block
Lot Z
Lot 3 P.
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Butcher's 1st Addition Block
Lot I
Lot 2
Lot 3
Lot 4
Lot 5
Tract C. ALS 659
Tract A, RLS 440 (3020)
Tract A, KS 440 (3030)
Tract B. RLS 440
Tract C. RLS 440 (9000) and
Lot 1, 81 1, Kutcher's 1st (0500) Ronnie Stevens
Tract E. RLS 421 and
Tract A, 115 381 Mike Wolfe
Tract B. RI.S 381 Eugene Becker
Tract C. RLS 381 L. E. Erickson
Tract O. RLS 381 Robert Bronson
Tract E, 515 381 Archie Butcher
Section 4, 1 I16, 522
Parcel 4510
Parcel 5510
Parcel 6210
Parcel 3806
Parcel 5820
Parcel 6620
Stanley Naligiewit2
0. Magnell
Louis C. Witt
John F. Johnson
Roland Pashina
Harold E. Johnson
John P. Norum
Charles T. Andre
Harvey W. Linden
Dole Freeberg
D. J. Wagner
James Goetze
Dale Wyman
John Palmer
Sylverious Schug
Ronald Antoine. Jr. •
Brian Miller
Carl Kraemer
Vernon Stickler
Williamson Construction
Chester Harms
Thomas Makousky
M • 0
€ • • • • 0 • • •
• •
• •
".
Clifford Thompson
C. C. Wyatt
J. O. Devore
Lot 8 0
Tract A. 51.5 1016 Harold Griffiths
Tract B, RLS 1016 Orval Westerman
Tract C, RLS 1016 Norman Friedricks
Tract A. RLS 1120 Robert Jacobs
Tract 8, RLS 1120 Anthony Hirt
Tract RLS 261 C. C. Wyatt
Tract J, RLS 261 Fred E. Curtis
Donal P. O'Donnell, Jr.
Jet Investment Co.
Tract K. RLS 261
Birch Island Acres Block 1
—Tif—T Roger E. Hero
Lot 4 Jack Steinmetz
Lot 5 Harry Bloomquist
Lot 6 David L. Fisher
Lot 7 David L. Fisher
Lot 8 Dorothy Embretson
Lot 9 Edward M. Yarbrough
Lot 10 John Hastings
Lot 15 Earl Randle
Lot 16 F. P. Kurtz
Pacco Block 1
Lot I (Part) (3010) L. B. Sultzman
Lot 1 & 2 (Part) (3100) Charles Carney
• Indicates $520 already paid for trunk assessment.
Ally 19, 1977
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 77-91
RESOLUTION ORDERING matommewri
ON SCENIC HEIGHTS ROAD
I.C. 51-270
WHEREAS, a resolution -Of the City Council adopted the 21st day of
June, 1977, fixed the 19th day of July, 1977, as
t
h
e
d
a
t
e
f
o
r
a
p
u
b
l
i
c
hearing on the following proposed improvements:
I.C. 51-270, street improvements and trail-
way on Scenic Heights Road from Mitchell
Mad to Co. Mad 4.
WHEREAS, all property owners whose property is li
a
b
l
e
t
o
b
e
a
s
s
e
s
s
e
d
for the making of these improvemetns were given ten d
a
y
s
'
p
u
b
l
i
s
h
e
d
n
o
t
i
c
e
o
f
the Council hearing through two weekly publicati
o
n
s
o
f
t
h
e
r
e
q
u
i
r
e
d
n
o
t
i
c
e
a
n
d
the hearing was held and property owners beard o
n
t
h
e
1
9
t
h
d
a
y
o
f
J
u
1
y
,
1
9
7
7
1
MOH, THEREFORE, HE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
1. Such improvements as described in the feasibility
r
e
p
o
r
t
d
I
t
t
s
d
June 14, 1977, and as above indicated are hereby
o
r
d
e
r
e
d
(
a
n
d
aminded as follows):
2. The City Engineer is hereby designated as the En
g
i
n
e
e
r
f
o
r
t
h
i
s
project and is hereby directed to prepare plans
a
n
d
s
p
e
c
i
f
i
c
a
-
tions for the making of such improvement, with t
h
e
a
s
s
i
s
t
a
n
c
e
o
f
Brauer & Associates, Consulting Engineers.
ADOPTED by the City Council of the City of Eden
P
r
a
i
r
i
e
o
n
Wolfgang H. Fenzel, Mayor
ATTEST
SEAL
John D. Frans, Clerk
5001
MEMORANDUM
TO:
Mayor and City Council
FROM:
Tim Pierce
SUBJECT:
Project CHarlie II
DATE:
July 13, 1977
I would like to appear before the City Council on July 19, 19
7
7
to request funds to help support "Project CHarlie II". I will
be available Tuesday evening to answer any questions the Coun
c
i
l
may have.
Attached please find information which may be of interest
to you.
TP:jp
Enc.
Summary of Project CHarlie II
Committee Progress as of July 1, 1977
School System Committee: met once, broke into four sub-committees to work
on the following:
(1) Group One (a) School Board presentation
(b) Administrator's presentation
(c) Professional staff presentation
(d) Non certified staff presentation
(2) Group Two (a) Student presentations
(b) Support group - responsible use group
(c) Student needs assessment
(d) Development of alternatives to use of chemical
(3) Group Three (a) P.T.O. Presentations
(b) Needs assessment of parents
(c) Parent Newsletter 2
(4) Group Four (a) Gather data on present efforts/programs
(b) Policy formulation for school - student/employee
(c) Procedure writing dealing with use in school
(d) Clarification of policy to students and faculty
Most of the committee's work will begin early in August. Next scheduled
School System Committee meeting: August 25, 4:00 P.M: High School, Room 103.
Church/Clergy Committee: one meeting to date in which it was decided that
the first major project would be a 2 day clergy training. This will be
developed in conjunction with Wally Koch, Fairview Southdale Hospital
Chaplain, and will be presented September 6 and 13. All Eden Prairie
clergymen and surrounding churches will be personally notified of the
training. In addition, youth leaders and voting church members will
be encouraged to participate.
Business Committee: Gathering information of which businesses in Eden .
Prairie offer employees assistance. Planning a program to Chamber this
Fall to make all businesses aware of services available.
Special Projects:
No meetings to date.
City Government Committee: A new Employee Assistance Policy for all Eden
Prairie City employees will go into effect in August. In addition,
two presentations have been made to the Park and Recreation Department
employees. The Public Safety Department will be introduced to the new
Suburban Detox Center in July. Other city government employees will be
given presentations this Fall.
Civic and Service Organizations Committee: All presidents of Eden Prairie
civic and service groups were notified of a May 28th meeting regarding
Marne. Because there was poor attendance, presidents will be notified
oo9
in the next few months in regard to setting up a presentation for their
particular organization in the coming year.
Funding for Project Oflarlie I has come from-varioUs'donatices by civic and
service organizations. The money has been given to Youth Action with a
designation for it to go to Project CHarlie. This same system could be
set up in Eden Prairie through the Community Education Program.
5-010
COMMUNITY
II/lite EDEN PRAIRIE MINN.
8025 School Rood, Edon Prams 55343
941-6320
EDUCATIONAL SERVICES
COMMUNITY SCHOOL SERVICES
June 29 1977
Dear Tim,
Below are listed the figures for Project Mulles printing needs
so far this year. This will help us estimate our financial needs
for next year, as we are now in the process of coming out to the
community, in all areas our 6 Committees cover.
Fipapectlly,
Ann B. Kispert
7 Meetings notes X 30 members -210 sheets X $.050
10.50
352 Booklets X 6 Pages -2112 pages 5.00 ream •500stencil
24.00
441WA COWS
200 Surveys- 42.00 & .500 stencil
2.50
400 Invites Envelopes 100 41 6.00 X 4 plus 400 g 4.00
'28.00
50 Envelopes/Civic-Community Committee plus Postage 3.00& 6.50 9.50
25 Letters/School Committee X .050
1.25
25 Letters/Civic Community Committee X .050
1.25
30 Letters 7. Envelopes plus Postage- 1.25 6.00 3.90 C/C
11.10
30 Postcards .090 C/C
2.70
60 Leters/Member lists-Church Committee X .050
3.00
93.80
Riley- Purgatory Creek Watershed District
fgp
July 13, 1977
5950 COUNTY ROAD 44
EDEN PRAIRIE, MINNESOTA 55343
'Mr. Roger Ulstad
City Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Mr. Ulstad:
The purpose of this letter is to summarize the status of the grading and
land alteration permit issued to the Hendrickson Brothers for the construction
of two homes in Eden Prairie. At the time the grading and land alteration
permit was issued by the Watershed District, the District's primary concern
was that erosion from construction not reach the wetland area northeast of
the homes. The District required that haybales be placed in the drainageways
leading from the home construction areas to the wetland. The District also
required that the driveway be paved to help prevent erosion from reaching the
cul-de-sac and eventually Riley Creek. Subsequent field inspection indicated
that erosion from the area was not reaching the wetland area and that the
driveway had been paved. Thus, the conditions of the Watershed District grad-
ing and land alteraton permit were met.
A field inspection of the site last week indicated that erosion is not
reaching the wetland area. Vegetation has been generally established in the
areas with high erosion potential between the altered areas and the wetland
area. Erosion is occurring between the two driveways east of hones. The
erosion seems to be localized in the area between the two driveways and sedi-
ment is not reaching public waters. District staff will continue to inspect
this area and will require that mitigative measures be taken if the erosion
becomes a threat to public waters. ,
Sincerely,
Allan Gebhard
BARR ENGINEERING CO.
Engineer for the District
AG/ps
cc: All Managers
Mr. Frederick Richards
Oa.
`sa 150
June 30, 3.977
Dear Councilmember:
We wish to bring to your attention a number of questions we
have after our recent, first, reading of the "complete"
March 18, 1976 meeting notes of the Board of Appeals and
Adjustments.
The recorded events of this meeting were made by Mr. Sanders
who acted as Recording Secretary in addition to his other role
at the meeting. Is it possible, as we believe, some pertinent
information was overlooked?
On Page 2, Line 4, Cedar Crest Drive is referred to as "Crestwood
Terrace".
On Page 2, Line 6, "Sanders said that there was no land division
for this home" (Sands Home). Is this a common practice?
Page 2, Line 7, again "Crestwood Terrace". Are we talking about
the same area?
Lines 13-15, Attorney Jack Miller refers to the "financial crunch
people are faced with--especially Hendrickson's". We recall that
after this statement, Mr. Cole commented that he, as one of the
immediately adjoining neighbors, had no objections to the
additional house, only the driveway onto the cul-de-sac -- however,
his comments do not appear!
Page 3, Lines 5-9, Duane Cable, along with a number of comments,
presented a water table report and an aerial view of the land
to the Board and specifically requested that these reports be
kept'on file for future reference. Why is there no mention
whatsoever of this, and where are these documents? This area
has had a significant amount of water problems, which, without
some concern and positive action, will only increase in the
future. Yet this important aspect also receives no essential
discussion.
Page 3, Line 9. It is certainly understandable why William
Marshall is in favor of the variance, as his home in no way
would be affected by the additional runoff or traffic.
5013
Page 2
Page 3, Lines 11-13. Bob Hendrickson "sited the drainage from
the land would not overall be changed". Is this an expert or
qualified opinion?
Page 3, Lines 23 and 24. Mary Cable's comment that an "alternate
route to enter this property might solve the whole problem" was
rebutted by Marshall (lines 25 and 26), who "stated that an
alternate route would have to be hard surfaced and there would
be more water runoff". Again, we question his interest and
credentials. Mater runoff?...we see the alternate route as a
flat stretch of land with undeveloped land on either side! We
do not understand why the alternate route suggestion received
so little discussion, when this was a km and central issue
toward resolving the problem!)
Page 3, Line 31 -- We were unaware that this was a request to
extend a "road". The Hendricksons continually referred to is as
a driveway(
Page 3, Lines 34-36. Why was Sorenson's motion to further study
the matter ("City Engineer and Watershed District") in effect
ignored?
Page 4, Line 4. Was a "Landhold agreement with the City of Eden
Prairie" ever drafted by the City Attorney? Where is it? What
does it say?
Page 4, Lines 7-8. Was it the intent of the Board to give
Hendrickson a drive onto both Pioneer Trail and the cul-de-sac
of Cedar Crest Drive?
In summation, please considers
*(0 We recall that included in Meyer's motion was a referral
to the Riley-Purgatory Creek Watershed for recommendations,
which she indicated would take "some time" and that she
felt construction could not begin until fall. It was our
understanding that Gerald Hendrickson would use an alternate
route, which he did (until approximately the last week in
May of 1977, one year-later1).
*(A At present, Mr. Sands and Mr. G. Hendrickson now share one
common driveway with less than 300' frontage on Cedar Crest
Drive.
*(3) Mr. G. Hendrickson also has access to County Road 1, along
with a connecting road to Mr. R. Hendridkson's new home.
This now gives all three parties access to either County
Road 1 or to Cedar Crest Drive, all using common driveways.
This is the way Eden Prairie is to be developed?
*(6) Mir. G. Hendrickson used and maintained a driveway to County
Road 1 throughout one entire year...why then does it become
necessary now to provide a second driveway?
*(5) The newly paved drive, in less than one month, has caused
noticeable erosion.
15"oit/
•••••n••• •
Page 3
Has the ponding area suggestion been forgotten? The
homes situated below the Hendrickson property continue
to be vulnerable to additional water problems.
t")) How were the Watershed recommendations secured in less
than two weeks when one of the residents had tried for
two weeks to contact them with no success? And where
are the reports?.. .are they based on "on sight" inspection?...
or verbal suggestions?
Was there an additional meeting concerning this parcel
after the March 18, 1976 meeting?
• When was the road permit granted?
Did the City Engineering Department conduct an onsight
inspection?
What has happened to the reports submitted by Duane Cable?
Why is there no mention of the residents' request to make
Cedar Crest Drive a dead end?
Has the Council now established a precedent whereby a
similar situation could occur in another area of Cedar
Forest Addition?
0.1) At the close of the March 18, 1976 meeting, the Cedar
Crest Drive residents in attendance truly believed that
the Board of Appeals and Adjustments decision was to
allow the variance to build Gerald Hendrickson's home
with access onto County Road 1, and that access onto
Cedar Crest Drive using an existing driveway was not approved.
Thank you for your thoughtful consideration to a neighborhood
problem that deeply concerns us.
501 S
TO:
'MUDGE:
FROM:
DATE:
SUBJECT:
MEMO
Mayor Fenzel and Members of the City Council
Roger Ulstad, City Manager
Carl Junin, City Engineer
July 15, 1977
Hendrickson Land Division
Our response to the June 30, 1977, letter regarding the Hendrickson
Land Division is as follows:
(1) The Hendrickson 's plans were forwarded to the
Watershed District for recommendation
(2) Correct as stated.
(3) Robert Hendrickson has stated that he will permanently
block the connection road between his home and the
Gerald Hendrickson home if requested by the City.
(4) G. Hendrickson was completing a paved driveway which
he and the City Staff considered properly approved.
(5) Some erosion has 'occurred along the southerly edge
of the driveway near Cedar Forest Drive. R. Hendrick-
son says this problem will be Corrected. A curbing
is needed on the edge of the driveway to hold drain-
age on the bituminous surfacing until it reaches
Cedar Forest Dr.
(6) A storm sewer culvert was installed last year by the
City's maintenance crews which has eliminated the con-
cern for potential high water near homes further down
on Cedar Forest Drive.
(7) The Watershed District approval is in the form of a
letter to Mr. Wayne Sanders, then Chief Building In-
spector, signed by Allen Gebhard, Barr Eng. Co.,
and Howard Peterson,'President of the Watershed
District Board of Managers.
(8) No additional meetings after 3/18/76.
(9) The permit for construction of the roadway was granted
in conjunction with the building permit dated 4/23/76
for the G. Hendrickson residence.
- 2 -
(10) Yes, following construction of the driveway.
(11) These reports are on file with the minutes of the
meeting of the Board of Appeals and Adjustments.
(12) If such iscussion did take , place in was nOtlmand
pert of the official minutes. Minutes of the Eden
Prairie Boards and Commissions are not tape recorded
are not necessarily all inclusive.
(13) Not sure of the meaning of the question.
(14) The Board Members ;ind staff at the time say the
3/18 minutes are accurate as published.
CJJAh
Attachment
whp/jh 7/14/77
MEW
TO: Roger Ulstad
MROM: W. Harlan Perbix
DATE: July 14, 1977
RE: Hendrickson Property
I have been asked my opinion as to the legality of the division of
the so-called Hendrickson property..
The Hendrickson property generally speaking adjoins and lies to the
West of the plat of Cedar Forest 1st Addition. It is in an area in the
City zoned rural and is owned by Hendrickson and Sands. In early 1976 the
Hendricksons and Sands requested a division of the property owned by them
into four parcels, each of which is larger than five acres, but three of
which do not have the required 300 frontage on a public street. The purpose
of the re.quest was to build one additional home with the driveway entering
on Cedar Crest Drive. This matter came before the Board of Appeals and
Adjustments in March of 1976 and after a public hearing the variance was
granted provided the owners entered into a landhold agreement agreeing not
to seek future development until certain things happened in the area. Such
an agreement was drafted on April 26, 1976 and signed by the parties on
May 19, 1976. Subsequently thereto a home was builtamdthedriveway installed.
Sometime in early March of 1977 questions were raised about the propriety of
the previous actionoftto Board of Appeals.
It is my opinion that based on that set of facts, that the Courts would
not permit the City to impose any additional burden on the Hendricksons.
The reasons for this are:
A. That they did comply with all administrative process.
B. The conditions imposed by the Board of Appeals and Adjust-
ments were met.
50 11
C. In reliance on the Board's action a home was built.
D. If appeal was to have been taken it should have been taken
much earlier than late Spring of 1977. In the absence of a
time limit in the ordinance for such an appeal (now there
is one), a reasonable time is construed and that generally
would be held by the Courts to be a time before which the
parties have acted in reliance on the action of the Board.
E. No harm can be shown as result of action.
W. R. P.
-2-
- /977
500 .
.4
'
sr. -111 •
.14
••• C rat0.4
1 . i•-••
*-1,1-!1•L
Ft.:-First Floor/884 q. Ft .-Second Floo3;11.976 Cu.
• (
Design X 1933/41344
.• Picturesque and practical too. As
-` you step into the-large, formal • 1.
\ front • entry you are immediately
N aware of the efficient and orderly
raffic patterns. The first glimpse
, you get of the end living room will
bring to mind the -thought of spa-,
ciousness. As Op turn to the-right
past the powder toom. notice
the front family },00rn; A preferred
.._-location- for thoie- who don't want-
their familY-Sv;ogi ici function with
•••••••• L r
e ti
,kk
, the outdo, 11;:tfarias: Standing •'
I • in the kitatur,.u.44 heartily approve ,
of the diniri4itchea, breakfast
room, laund.bielationship. Then, •
of course, there's the fine four bed-
''.4f• :7room, twcigrh second floor.
2 .
ALK WAY EASEMENT
I-
S
0
UTILITY a DRAINAGE.)
EASEMENT
LOT 4
ad
9598 STRATFORD
344.MR. Ir5.2
wINV. EL. 939.85
ROAD
T
0
96Q7
SCALE: 1".. 3Q'
INDICATES PROPOSED
ELEVATION
0 DENOTES IRON
MONUMENT
INDICATES DRAINAGE
DIRECTION
Mr?
CERTIFICATE OF SURVEY
FOR: JOHN I. B LINDA M. KOMULA
DESCRIPTION: LOT 3, BLOCK I, THE GREENS,
CITY OF EDEN PRAIRIE,
HENNEPIN COUNTY, MINNESOTA
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF
THE LAND ABOVE DESCRIBED AND OF ALL BUILDINGS,
IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS,
IF ANY, FROM OR ON SAID LAND.
DATED THIS AP DAY OF
BY 4'79 azW4
ARVID T. BODIN, MINNESOTA REG. NO. 9396
July 12, 1977
Roger Mated, City Manager
8950 County Road 4
Eden Prairie, MN 55343
Re: Resolution No. 526
Dear Mr Ulstad,
I wish to build a two story home at 6624 Canterbury Lane, now
known as Lot 3, the Greens Addition in the Edeuvale Develop-
ment project. It has been brought to my attention that the
city cannot issue a building permit for the proposed structure
because of the Resolution #526, which states in item #3 that
no house be constructed on lots 3, 4, 5, or 6 which extend
more than one story above street grade.
I respectfully request that the City Council waive this
resolution to allow me to construct my proposed two story
house on Lot 3 as shown on the attached rendering and survey.
I firmly believe that my request is not unreasonable.
As my survey indicates, the house, although a two level, will
be situated four feet below street grade and its roof will
not exceed street grade by more than one and a half stories.
This would be only four feet above a standard one story house.
Also, it has been brought to my attention that there now exists
a two story house built in 1973 on one of the other lots
mentioned that exceeds the one story restriction.
I do not feel that a two story structure will or could in any
way reduce the value of the surrounding properties.
I appeal to the Council to give my request consideration and
waive item 3 of Resolution #526 as it applies to Lot 3, the
Greens Addition.
Ve,ry trulyb7rs,
6.1n7146014.•n•"--
WWII Meeting
,psne 13, )97 2
Me Four
g. The Greens Addition. Edenvale. Final Plat. Resolution NO. 526.
me Manager reviewed the Final Plat for
T
h
e
G
r
e
e
n
s
A
d
d
i
t
i
o
n
a
n
d
r
e
c
o
m
m
e
n
d
e
d
.
that it be approved on the basis o
f
t
h
e
f
o
l
l
o
w
i
n
g
c
o
m
m
i
t
m
e
n
t
s
d
a
t
e
d
J
u
n
e
1
4
t
h
from Eden Land Corp.:
I. it ,storm sewer will be constructed b
e
t
w
e
e
n
L
o
t
s
5
a
n
d
6 from Canterbury
Lane to the west side of the subd
i
v
i
s
i
o
n
.
2. The home location on Lot 6 will be restricted so tha
t
i
t
w
i
l
l
b
e
no
closer than 25 feet from the sou
t
h
p
r
o
p
e
r
t
y
l
i
n
e
.
3. The homes on Lots 3, 4, 5 and 6 will be restricted to no more than
one-story to be constructed abov
e
s
t
r
e
e
t
g
r
a
d
e
.
4. A 10 foot access easement will be
g
i
v
e
n
t
o
t
h
e
o
w
n
e
r
o
f
L
o
t
2
o
v
e
r
the easterly 75 feet of Lot 1 for access to Lot 2
which will allow
for construction of a common driv
e
w
a
y
.
$. The city will be granted the op
t
i
o
n
o
f
c
o
n
s
t
r
u
c
t
i
n
g
a
b
i
t
u
m
i
n
o
u
s
surfaced pedestrian path upon the
2
0
f
o
o
t
u
t
i
l
i
t
y
e
a
s
e
m
e
n
t
b
e
t
w
e
e
n
Lot 4 and 5 in the event the golf course become
s
p
u
b
l
i
c
l
y
o
w
n
e
d
a
n
d
such pedestrian path is needed by the Village.
A motion was made by Mrs. Meyers
t
o
a
d
o
p
t
R
e
s
o
l
u
t
i
o
n
N
o
.
5
2
6
a
p
p
r
o
v
i
n
g
t
h
e
Final Plat for The Greens Addition
w
i
t
h
t
h
e
a
b
o
v
e
c
o
m
m
i
t
m
e
n
t
s
.
M
r
.
M
c
C
u
l
l
o
c
h
seconded. Motion carried. .
FINANCES
A. Investment Authorization. Resolution No. 522.
A motion was made by Mr. Nesbitt adopting Resolution No. 5
2
2
a
u
t
h
o
r
i
z
i
n
g
the Treasurer to invest Village f
u
n
d
s
i
n
t
h
e
F
i
r
s
t
E
d
i
n
a
N
a
t
i
o
n
a
l
B
a
n
k
o
f
Edina. Mr. Cosmano seconded. All voted ay
e
.
M
o
t
i
o
n
c
a
r
r
i
e
d
.
B. Paying Agent & Cremation Autho
r
i
z
a
t
i
o
n
.
April, 1972 Bond Sale.
Resolution No. 521.
A motion was made by Mr. Nesbitt
t
o
a
d
e
p
t
R
e
s
o
l
u
t
i
o
n
N
o
.
5
2
1
a
u
t
h
o
r
i
z
i
n
g
the Northwestern.National Bank o
f
M
i
n
n
e
a
p
o
l
i
s
a
s
P
a
y
i
n
g
A
g
e
n
t
a
n
d
c
r
e
m
a
t
i
o
n
of bonds and coupons for the Apr
i
l
,
1
9
7
2
b
o
n
d
s
a
l
e
.
M
r
s
.
M
e
y
e
r
s
s
e
c
o
n
d
e
d
.
All voted aye. Motion carried.
C. Cash & Investment Report Dated
J
u
n
e
1
3
,
1
9
7
2
.
A motion was made by Mr. Nesbitt to
a
c
c
e
p
t
t
h
e
C
a
s
h
&
I
n
v
e
s
t
m
e
n
t
R
e
p
o
r
t
dated June 13th for study. Mr. Cosmano sec
o
n
d
e
d
.
M
o
t
i
o
n
c
a
r
r
i
e
d
.
O. Audit of Claims 10124 through 10
4
7
8
.
A motion was made by Mrs. Meyers to approve payment of
v
o
u
c
h
e
r
s
1
0
3
2
4
t
h
r
o
u
g
h
10476. Mr. Nesbitt seconded. On roll ca
l
l
,
a
l
l
v
o
t
e
d
a
y
e
.
M
o
t
i
o
n
c
a
r
r
i
e
d
.
50aq
g6e
Paul R. Redpath, Mayo
SEAL
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 526
A'RESOLUTION APPROVING FINAL
PLAT Of THE GREENS ADDITION
BE IT RESOLVED by the Village Council of the Village of
Eden Prairie, Minnesota as follows:
The final plat of The Greens Addition located in that part
of the Northeast Quarter of the Southeast Quarter of Section 4, Township
116, Range 22, Hennepin County is found to be in conformance with the
provisions of Eden Prairie Ordinance No. 93 (Subdivision Ordinance) and
all amendments thereto, and is therefore approved.
ADODTED by the Village Council of the Village of Eden Prairie
this 13th day of June, 1972.
ATTEST:
c'
61P-:1,11 7r? A 1)71 01111
Edna M. Holmgren, (jerk
ybp/jh 7/14/77
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 77-26
AN ORDINANCE RELATING TO ZONING AND AMENDING
ORDINANCE NO. 135.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended by adding to
Section 24, Township 116, Range 22 as follows:
A tract of land lying and being in the County of Hennepin,
State of Minnesotacbscribed as follows, to wit:
Lot 4, Block 1, High Point except that part thereof embraced
within the plats of The Trails 1st Addition, The Trails 2nd
Addition and The Trails 3rd Addition and except that part of
said Lot 4 lying Northerly of a line described as follows:
Commencing at the most Westerly corner of Lot 1, Block 4, The
Trails 1st Addition; thence South 32 0 27' 29" East, along the
Southwecterly line of said Lot 1, a distance of 63.10 feet
to the point of beginning of the line to be described; thence
continue South 32° 27' 29" East along the Southeasterly
extension of said Southwesterly line of Lot 1, a distance
of 62.07 feet; thence North 73° 30' 45" East, a distance of
176.96 feet to the most Southerly Southeast corner of said
Lot 1 and there terminating, according to the plat thereof on
file or of record in the office of the Registrar of Titles in
and for said County.
Subject to sewer easements as shown on plat;
Outlot A, The Trails 1st Addition, except that part thereof
embraced within the plat of The Trails 2nd Addition and The
Trails 3rd Addition, according to the plat thereof on file or
of record in the office of the Registrar of Titles in and for
said County,
which property shall be and hereby is removed from RN 2.5 zone and shall be
included hereafter in the R1-13.5 zone.
Section 2. The above described property shall be subject to the terms
and conditions of that certain rezoning agreement dated , 1977
50426
entered into between The Preserve and the City of Eden Prairie, 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
R1-13.5 zones.
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 day of 1977 and finally read, adopted and
ordered published at .a regular meeting of the City Council of said City
o
n
the day of , 1977.
Wolfgang Penzel, Mayor
ATTEST:
John D. Franc, City Clerk
Published in the Eden Prairie News on the day of 1977.
-2-
whp/jh /14/77
REZONING AGREEMENT
THIS AGREEMENT, made and entered into in triplicate this
day
of , 1977 by and between THE PRESERVE, a co-partnership con-
sisting of Carter 6, Gertz, Incorporated, a Minnesota corporation and The
Minnesota Gas Company, a Delaware corporation, hereinafter referred to as
"Owner", and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter
referred to as "City",
WITNESSETH:
WHEREAS, Owner has requested the City to change the zoning from RM 2,5
to 1(1-13.5 for development of land more fully described in Exhibit A attached
hereto and made a part hereof and which is identified as "HIGH POINT FOURTH
ADDITION", and
WHEREAS, it is believed that a rezoning of said area to 1(1-13.5 would
be in the public's interest, welfare and convenience of the people of the
City of Eden Prairie, and
WHEREAS, Owner agrees to develop the aforementioned property in con-
sideration of the City's changing of the zoning; and Owner further agrees
that as a part of said consideration, it will lay out, develop and maintain
said project as hereinafter set forth.
NOW, THEREFORE, THIS AGREEMENT W1TNESSETH, that for and in consideration
of the Mayor and the City Council of the City adopting an Ordinance changing
the zoning from Rural to 1(1-13.5, the Owner agrees to construct on said
property in accordance with the planning, architectural, engineering and
Landscaping requirements of all City Ordinances and will submit development-
stage rezoning plans to the City,.subject to the following conditions:
50a
1. That preliminary plat approval is given subject to the following
conditions:
a. Seeding and/or sodding of steep slopes immediately
following construction and erosion control measures
during construction to prevent excessive soil loss and
siltation into Neill Lake.
b. An area in Outlot B be constructed as a tot lot or open
play area, ownership by city, owner or some combination
thereof to be determined before second reading of
rezoning ordinance.
c. All grading should be done in such manner so as to retain
the natural character of the land and vegetation as much
as possible.
d. Lots 21 and 22 be filled to prepare building pads of
adequate elevation.
e. A trail system be completed as shown in Exhibit B. The
pathway to be consistent with existing Preserve pathway
standards.
f. A plan showing minimum floor elevation for each lot be
submitted and approved by the City staff before final
plat approval.
2. That the following variances for setback shall be pl anted:
5 feet to side lot
10 feet 1-11/2 story house to side lot line
15 feet 2 story house to side lot line
30 feet front of building to front lot line
20 feet rear of house to rear lot line
20 feet side yard setback for houses built on corner lots,
but not conflicting with 30 foot setbacks on adjacent
lots
50 foot minimum from any building line on M.S.A. County and
State Highways. (fireplaces and overhangs shall not be
considered as setback encroachments) (accessory structures
shall not be placed in the front yard and shall be 5 foot
minimum from side and rear lot lines)
3. Tina the engineer's report dated June 9, 1977 consisting of six pages
is incorporated herein and made a part hereof.
-2-
509
4. That the owner is instructed prior to the second reading to
consider the reduction of the total number of lots in the proposed plat
particularly on the west side of the plat. The purpose of the consideration
is to reduce the intrusion on Neill Lake.
5. That all sanitary sewer, watermain 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 reproducible mylar and certificates
of completion and compliance with specifications shall also be delivered
to the City Engineer. The developer alsoagrees to pay all fees for City
Engineering and administrative services consistent with current City require-
ments.
FURTHER 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 Owner, its successors and assigns, and upon 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, Hennepin County, Minnesota.
-3-
5°30
4. That if Owner fails to proceed in accordance with this Agreement
within twenty-four (24) months from the date hereof, Owner, for itself, its
successors and assigns agrees that it will not oppose the rezoning of said
property back to its RN 2.5 zoning.
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
of the State of Minnesota
BY:
Wolfgang Penzel, Its Mayor
Roger Ulstad, Its Manager
THE PRESERVE, a co-partnership consisting
of CARTER & GERTZ, INCORPORATED, a Minnesota
corporation and THE MINNESOTA GAS COMPANY,
a Delaware corporation. -
CARTER & GERTZ, INCORPORATED, a
Minnesota corporation
BY:
I ts:
Its:
THE MINNESOTA GAS COMPANY, a Delaware
corporation
BY:
Its
Its
-4-
5 01
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1977 by Wolfgang Penzel, the Mayor and by Roger Ulstad, the
City Manager of the City of Eden Prairie, a Minnesota municipal corporation
on behalf of the corporation.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1977 by the and by
the of Carter & Gertz,
Incorporated, a Minnesota corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1977 by the and by
the of The Minnesota
Gas Company, a Delaware corporation, on behalf of the corporation.
Notary Public
-5-
5032,
A tract of land lying and being in the County of Hennepin,
State of Minnesota described as follows, to wit:
Lot 4, Block 1, High Point except that part thereof embraced
within the plats of The Trails 1st Addition, The Trails 2nd
Addition and The Trails 3rd Addition and except that part of
said Lot 4 lying Northerly of a line described as follows:
Commencing at the most Westerly corner of Lot 1, Block 4, The
Trails 1st Addition; thence South 32 0 27' 29" East, along the
Southwesterly line of said Lot 1, a distance of 63.10 feet
to the point of beginning of the line to be described; thence
continue South 32 0 27' 29" East along the Southeasterly
extension of said Southwesterly line of Lot 1, a distance of
62.07 feet; thence North 73 0 30' 45" East, a distance of
176.96 feet to the most Southerly Southeast corner of said
Lot 1 and there terminating, according to the plat thereof on
file or of record in the office of the Registrar of Titles in
and for said County.
Subject to sewer easements as shown on plat;
Outlet A, The Trails 1st Addition, excPpt that part thereof
embraced within the plat of The Trails 2nd Addition and The
Trails 3rd Addition, according to the plat thereof on file or
of record in the office of the Registrar of Titles in and for
said County.
EXHIBIT A
5033
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•• 1 l 4'61 t,:.;:s.I ‘,.:,.....n: '........e,
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'i,"'--*•:•••:. "" . • , -....... .. - - . '' ------":, --•—.. ...., ----,--- —...,.......;:,--...:.:,;....--:. —!-‘`.:-.A.).... .v.,, trtz•--10,.... ........ • -
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(pc:on ppaco. :Vern
EXHIBIT B
503q
City of Eden Prairie
Public Works Department
.Engineering Division
• •
Date 6/9/77
clummIsT FOR REVIEWING'
PROPOSED LAND DEVELOPMENTS
if 77-Z-18, P-15
1. DEVELOPMENT NAME
LOCATIOR
High Point Fourth Addition
South & West of Neill Lake Road
South of Ridgewood & west of the Trails
2. DEVELOPER The Preserve
3. ENGINEER/ARCHITECT/PLANNER Bather, Ringrore, Nolsfeld, Inc.
4. DOCUMENTS SU EMITTED FOR REVIEW
plan dated May. 1977
Preliminary Plat and utility
5. PROCESSING SCHEDULE:
Watershed
6/13/77
6. PROPOSAL
Application received
Planning Commission
Park & Recreation
Human Rights
City Council
6.1 PUD Appreval E ig• Rezoning
6.2 Preliminary Plat
6.3 Present 'Aoning I04 2.5
6.4 Proposed ::oning R1-11.5
6.5 Previous PUD # 70-1
6.6 Previous Rezoning Agreement 0
• 56 3 S
IMO
RM 6.5 ACYCS.
RM 2:5 Acres
:20tal Mult. Units
Owner occupied
Density
Density
Rentals
6.0
X
2
6.7 Single Family detached•lots:
24 less than 13,500 sq. ft. Density
. 12 13,500 sq. ft. or more Density
22,000 sq. ft. or more Density
36 Total SFD lots
'Multiple Dwelling Units:
6.9 Homeowners.Association proposed Yes
6.10 Other uses proposed
6.11 Requesting City to provide streets and utilit
i
e
s
N
o
t
requested at this time
6.12 Consistent with City's Comprehensive Land use
m
a
p
Yes
7. PROPOSED OPEN SPACE, TRAILS
AND PARK DEDICATION
7.1 Parcels to be undeveloped as open space Outlets A
&
n
7.2 Trails (Location, surface typo, ownership) Trail
.system to
connect with existing system in the trails system
so 36
1/90.
7.3 School/Park sites Satisfied through Preserve PUD
7.4 Park dedication fee Satisfied throng Preserve PUD
0. PROPOSED STREET SYSTEM
0.1 - Check City's Comprehensive Street Plan O.K.
8.2 Access to adjoining properties O.K. - Olympic Hills
Golf Course is located south of the proposed plat
8.3 Street and pavements widths 50' minimum R/W
28' roadway with concrete curb and gutter
8.4 Private streets
Ho
8.5 Street grades, sight distances at vertical curves, concrete curb
and gutter O.K.
8.6 'Street names
to be reviewed by Staff when submitted
0.7 Parking (ord. 4141) _ O.K.
8.8 Traffic volume impact on existing streets
Minor
503'7
414-113
.8.9 Frontages on collector streets 4 lots fronting on Neill Lake
Road
830 Other comments
9, GRADING AND UTILITIES
9.1 Range of cut and fill Grading plans to be submitted
9.2 Significant land features to be preserved Low lands near
Neill Lake
9.3 Drainage ponds
None proposed
9.4 Flood plain encroachment
Neill Labe Flood elevation
9.5 Development plan showing .proposed grading, storm sewer, sanitary
sewer, watcrmain, minimum floor elevations, pond levels and
representative soil borings. Required upon approval of final
plat
9.6 Skimming and grit control for commercial parking lots N-A.
sO3i ippoi
so*)
9.7 Sewer and water service to adjoining properties O.K. A
Check possibility of looping watnrmain
9.0 Sewage lift stations required None required
9.9 Landscaping, buffering and lighting plans Not submitted
Required
9.10 Natural gas, underground telephone & electric
9.11 Other comments
10. VARIANCES REQUESTED Standard min setback variances, lot sire and
density variances from the R1-13.!; 7oning requirements excluding
reference to fireplaces and overhangs.
•11. OTDER ACEriCY RINTEW ADD APPROVAL REQUIRED of.10RE FINAL CITY APPROVAL
X Watershed District
Minn. EOC
.Neon. Co.
Adjoining Commnnity
:DNR
.Minn. DOT
Metro Council
6 -
A
12.. AV., ti4)•7
rrnrn •litL (C" >>An
11. OTHER REMIE•MEHTS
Environmental Worksheet
Rezoning Agrment
X Developers Agreement (Pilp only on Final Plat)
5/10 tiltri,
nse I
9160 Weill lake Road
Idea Prairie, MN 33343
July 9, 1977
Ikmbers of the Eden Prairie City Council
lien Prairie, MN 55343
Dear Council Members
as writing to you in reference to the parcel of land called High Point 4,
about which a proposed zoning change was discussed at the Eden Prairie City Coun-
cil meeting of July 3. My wife and I were present at the meeting. We live in the
Trails, but our property does not face High Point - 4. Instead our property faces
the Anderson lakes VilAlife Area; so, the proposed toning change will not really
effect us at all. I as quite well aware of the fact that the land' was originally
toned for Um/Moses, and that the builders of The Trails, Hirsch Brothers, had the
option to build on that land. Phil Hirsch told me personally that the land could
not be used for evil construction because the lend was too low and he was attaid
that water problems and wet basements night very well result. He also said that too
such excavation and land fill would he required to sake the project economically
feasible. These were apparently sole of the main reasons that the Hirsch Brothers
gave up their option to build on that land. I would like to raise the question as
to why the City Planning and City Engineering Depts. approved atownhouse zoning pro-
posal in the first place. It would appear that there may be iaportant questions that
need to be asked, about how and why the original zoning VAS approval.
A second issue I would like to raise relates to the dumping of large amounts of
land fill on part of the High Point 4.area. The Preserve has apparently approved the
dumping. This is earth that was dug up froa another construction site in High Point
and then dumped in the High Point -4 area. That land normally has beautiful wild flow-
ers and a large nesting population of open-field and prairie birds at this tine of the
year. Many flowers, nests, and young birds were probably destroyed as a direct con:-
sequence of this dumping. I would like to raise the issue as to whether The Preserve
t-, Ott I
had the lova right to authorise this awaiting. If they had no such legal right, I
would urge that the etty Council order an immediate halt to this dumping and the
prompt removal of the lend fill presently there. After all of the problems expar.
lanced by The Preserve arising out of the final form of The Windslope Apartnents, I
would have hoped that Nr. Hess and the other people in authority at the Preserve
would have been very sensitive to actions taken on their part that eight be con-
strued by the residents of The Preserve as less than honest. Hr. Hess' statesent at
the City Council meeting that this dumping at High Pant -4 had no connection what-
soever with the proposed zoning change is simply too much for me to believe.
I would like to urge that serious consideration be given to leaving this Iasi
in its natural state. It seems to me that there is no need to develop and build on -.
almost every single square inch of land that is available. The rate of building in
The Preserve right now is too high. The quantity and cost of the land fill that
would be required to develop High Point -4 will make the cost of the lots and hoses
prohibitively expensive for all but the wealthiest of potential buyers. I nhould
think that there are many other plots of about equal size in The Preserve that could
be developed at considerably lower cost. Such homes would also obviously be avail-
able to a greater number of potential buyers.
One aspect of the project that particularly distresses me is the proposal to
build homes along Neill take. While there is to be some space between the lots and
the lake shore, it seas sad to me to find The Preserve 'proposing such de-
velopment. I would hope that one of the most important concepts in a " Preserve " is
to preserve the natural environment where this is feasible. To me, in an area with
lakes, one of the most outstAnding elements of the natural environment is the lake
shore areas. These areas should be left to their natural state. If this proposed typ
e
of development is approved and stellar proposals approved in the future, The Preserv
e
will look exactly like parts of West Bloomington and Edina. That is not the type. of
area my wife and I wanted to live in. Five or ten years from now I want to feel that
we still live in a " Preserve ", not just some other suburban development that is in-
distinguishable from all of the others.
I would like to nake one last point. This land in question also borders on The
CO/npla Rills golf course. Where the golf course and Nigh Point A are adjacent there
is a golf green and a tee and fairway area. It seems to se quite likely that if there
are hoseetuilt in the proposed locations, it is quite likely that, at *ono Point in
the future, injuries, particularly to small children, are likely to result from fly-
ing golf hails, particularly from the tee area. The tee is quite olose to the fence
separating The Preserve from the Olympic Bills course.
I would hope that you would consider seriously the issues that have been raised
byes in this letter. I would particularLyappreciate a written response concerning
whether The Preserve had the legal right to approve and allow the dumping of land fill
in the High Point -4 area. Thank you for your tine and consideration.
Thou s truly,
600
re
9152 Neill Lake Road
Eden Prairie, la 55343
July 12, 1977
The City Council
Eden Prairie City Hall
8950 :den Prairie lioad
Eden Prairie, :viN 55343
Subjeot; High Point 4th Addition Rezoning Request
Dear Council Members:
After attending the first meeting on this subject, and
seeing the developer's proposed map, I am dismayed at
the number and location of the homes planned for this
area. In fact, I have trouble imagining how 36 homes
will fit into the area without substantial regrading
and modification of the existing landscape. The con-
sequence of this will be the virtual destruction of part
of the natural green area contiguous to Neill Lake.
To see this question in perspective, I think it appro-
priate to consider how the Preserve has been repres-
ented to residents. To quote from the Preserve 'Con-
struotion Guidelines, 1) "There can be no improvement
on nature." 2) "Fitting the buildings unobtrusively
into the natural environment and disturbing nature as
little as possible are the primary basis for the specific
design criteria that the committee will apply to site
sradins, landscaping, colors, materials, and siting of
the structure."
I suggest that that the proposed construction plan will
grossly alter the natural ieatures of this area. Some
of the area is, without a doubt, well suited to home
construction. laut other parts of it are vital to pre_
serving the quality and character of tic.: su:Tou:Idln6
community. At the very least, I feel the natural tree-
line should be usad to divide the housing area from the
Neill Lake green ;:oace, and -1 feel the trees should be
maintained where they divide the new area from the Trails
development.
Another consideration is the concept of multiple versus
single family zoning. Council members seem to feel this
is automatically an improvement. I disagree -- especially
considering the number of homes being planned. Please
consider that townhouse developments feature clusters of
homes. There's more a sense of a single, cohesive com-
munity. Open land surrounding the development is larger,
6ou ti
Page 2 July 12, 1977
HiSh Point 4th Addition
sad less segmented. A townhouse development as orig-
inally proposed might well be less detrimental to the
natural characteristics of the area.
Finally, I find it distunbing that the only green areas
In the proposed plan consist of almost unbuildable land:
the steep slope which is the western boundary of the
Trails Development, and an area of peat too soft to
build on along the fence line of Olympic Hills Golf
Course.
Frankly, I don't feel the proposed plan Is in keeping
with the Preserve's own Construction Ciuidelines; I don't
think it is in keeping with resident's ooncepts of what
the Preserve is all about. And I don't think it is in
the best Lnterect of the developers because they are
treading treacherously close to destroying the very
features that attracted many of us to the Preserve in
the first place.
William J. Steinbleker
P.S. I have made a few 35mm slides of this area and
would be happy to show them to the council. The slides
show where the treeline is and its proximity to Neill
Lake.
whp/jh 7/14/77
REZONING AGREEMENT
THIS AGREEMENT, made and executed in triplicate this
day of
, 1977 by and between HUSTAD DEVELOPMENT CORPORATION, a
Minnesota corporation, hereinafter called "Developer,"
. hereinafter called "Owner" and the CITY OF EDEN
PRAIRIE, a municipal corporation of the State of Minnesota, hereinafter
called "City"; and
WHEREAS, Developer and Owners have requested the City Council of
the City of Eden Prairie for concept approval of a P.U.D. plan known
as "The Bluff Country" and to change the zoning of atract of land
included therein from Rural to RN 13.5 for an area known as Bluffs
West consisting of approximately 200 acres which is legally described
as more fully set out on Exhibit A which is attached hereto and made
a part hereof; and
WHEREAS, it is believed that granting concept approval and the
rezoning of said Bluffs West area to RN 13.5 will be in the public
interest, welfare and convenience of the people of the City of Eden
Prairie; and
WHEREAS, Developer and Owners agree to Oevelop the aforementioned
Bluffs West as a RM 13.5 area in consideration of the City's changing
of the zoning to RM 13.5 and the Developers and Owners further agree as
a part of said consideration to lay out, plat, develop and maintain
the areas so rezoned generally and in accordance with the concept plan
heretofore presented to the City as set forth by Owners' Request which
booklet is dated March 20, 1977 and Which is made a part hereof marked
Exhibit B.
501/6
.VO
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 RM 13.5 and of the mutual benefits
to each of the parties hereto, the parties, their respective successors
and assigns do hereby covenant and agree as follows:
1. That concept approval of the area known as "The Bluffs
Country" as shown on Exhibit B is given except the area
designated Bluffs East in Exhibit B is not given any
specific housing unit density approval.
2. That the following variances in the area designed as
Bluffs West will be granted:
a. No morethan 15 percent of the lots may be less
than 13,500 square feet.
b. That the lot width may be less than 90 feet.
c. Minimum side yard set backs shall be:
5' - garage
10' - 1 to 11/2 story living area
15' - 2 story living area.
3. That the owners and developers grant to the City options
to purchase the areas shown on the site plan identified
as public acquisition on Exhibit B and subject to the
further condition that in the event the options are not
exercised by the City the Purgatory Creek area shall be
subject to the constraints as set forth in the Purgatory
Creek Study prepared by Brauer & Associates, Inc. and
approved by the City in Resolution No. 1125 dated April
13, 1976.
4. That all lotstioutting the steep slopes namely: Lots 1 - 4,
Block 1; Lots 1 - 3, Block 2; Lots 1 - 3, Block 3; Lots
1 - 13, Block 4; Lots 17 - 33, Block 4; Lots 1 - 6, Block
8; Lots 7- 19, Block 9 and Lots 1- 6, Block 10 be
developed in such a way as not to impair the property
being developed and the adjoining conservancy zone.
Specific approval by the City Engineer shall be required
before development of the above lots.
-2-
5.04f1
-3-
501
5. That the two "wash areas" as shown on the site plan be
incorporated as a part of adjacent lots but subject to a
conservancy easement prohibiting development and improve-
ment by the owners.
6. That no preliminary plat approval is granted to the area
identified as 13 lots on Creekwood Drive and the most
northerly eight lots of Area G as shown on the site
plan of Exhibit B until municipal utilities and public
street access from the east can be provided.
7. That the area designated on the preliminary plat as Outlots
E and F shall be developed as tot lots deeded to the City.
Development to be no less than grading and seeding, the
ownership and responsibility for maintenance to remain with
the city.
8. The owner is to provide for and install at its expense a
bike trail on Bluffs West Boulevard from its northern
property line to the southeastern property line.
9. That the developer will pay park dedication fees as
required by City Ordinances.
10. That all sanitary sewer, watermain and storm sewer
facilities, concrete curb and gutter and bituminous sur-
facing whether to be public or private, shall be designed
to City Standards by a Registered Professional Civil
Engineer and submitted to the City Erlineer for approval.
The developers, through his engineer, shall provide for
competent daily inspection of all street and utility
construction, both private and public. As-built drawings
with service and valve ties on reproducable mylar and
certificates of completion and compliance with
specifications shall also be delivered to the City Engineer.
The developer also agrees to pay all fees for City
Engineering and administrative services consistent with
current City requirements.
FURTHER CITY AND PROPERTY OWNERS AGREE:
I. 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 Owner, its successors and assigns,
and upon 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, Hennepin County, Minnesota.
4. That if Owner fails to proceed in accordance with this
agreement within twenty-four (24) months from the date
hereof, owner, for itself, its successors and assigns agree
that it will not oppose the rezoning of said property back
to its Rural zoning.
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 of the State of Minnesota
BY:
Wolfgang Fenzel, Its Mayor
Roger Ulstad, Its manager
HUSTAD DEVELOPMENT OORPORATIapi, a
Minnesota corporation
BY:
BY:
STATE OF MINNESOTA)
) SS.
COUNTY' OF HENNEPIN)
The foregoing instrum ,nt was acknowledged before me this day of
, 1977 by Wolfgang Fenzel, the Mayor and by Roger Ulstad, the
-4-
6011,3
City Manager of the City of Eden Prairie, a.Minnesota municipal
corporation on behalf of the corporation.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
day of , 1977 by the
and the of
the Hustad Development Corporation, a Minnesota corporation on behalf
of the corporation.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1977 by the and
the of
on behalf of the corporation.
Notary Public
-5-
60 SO
N M 0
TO:
FROM:
THROUGH:
DATE:
Mayor and City Council
Dick Putnam, PlanningDirector
Roger K. Ulstad, City Manager
July 14, 1977
SUBJECT:
STATE HOME IMPROVEMENT GRANT FUNDS
Draft Resolution#77-92 will enable the City of Eden Prairie to
participate in the Home Improvement Grant Program through the
Metropolitan Housing and Redevelopment Authority. The Metropolitan
Housing and Redevelopment Authority would process all applications
from Eden Prairie residents so they may obtain funds to "fix-up"
their homes.
Eden Prairie's allocation is $4,700.00 for the Year 1977.
RECOMMENDATIAN:
Eden Prairie should participate in the Home Improvement Program
by joining the Metropolitan Housing and Redevelopment Authority.
.DP:jj
SOI
•
7/14/77
jai
.RESOLUTION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
A RESOLUTION REQUESTING AND AUTHORIZING THE
METROPOLITAN COUNCIL HOUSING AND REDEVELOP-
MENT AUTHORITY TO APPLY FOR REHABILITATION
GRANT FUNDS FOR IMPLEMENTATION OF THE HOME
IMPROVEMENT GRANT PROGRAM WITHIN THE CITY OF
EDEN PRAIRIE.
WHEREAS, the Minnesota Housing Finance Agency, State of Minnesota
has been authorized to undertake a program to provide grants of
funds to property owners for the purpose. of housing rehabilitation,
and
WHEREAS, the City of Eden Prairie desires to assist low income
homeowners in making repairs to their homes for the purpose of
correcting defects directly affecting the safety, habitability,
and/or energy usage of the property, and
WHEREAS, the Minnesota Housing Finance Agency, State of Minnesota
will accept applications from housing and redevelopment authorities
desiring to administer these home improvement grant program funds,
and
WHEREAS, the Metropolitan Council has all the powers and duties of
a housing and redevelopment authority pursuant to Minnesota Statutes,
1976, Section 473.193 to 473.201 under the provisions of the Minnesota
Housing Redevelopment Act, Minnesota Statutes, 1976, Sections 462.411
to 462.711, and
WHEREAS, the City of Eden Prairie desires to participate in the
Minnesota Housing Finance Agency Home Improvement Grant Program
through the Metropolitan Council Housing and Redevelopment Authority,
NOW THEREFORE BE IT RESOLVED, that the Metropolitan Council is hereby
requested to include the City of Eden Prairie in an application for
state Home Improvement Grant Program funds and that upon approval of
such application, the City and the Metropolitan are authorized to
enter into an agreement for operating the program within the City.
ADOPTED this 19 day of July, 1977.
ATTEST:
Wolfgang H. Penzel, Mayor
John D. Franc, City Clerk
SEAL
AMENDMENT OF LEASE
THIS AMENDMENT OF LEASE, made and entered into this day of
July, 1977, by and among Physical Electronics Industries, Inc., a Minnesota
corporation (hereinafter referred to as the "Tenant"), the City of Eden
Prairie, a political subdivision of the State of Minnesota (hereinafter
referred to as the "City"), and Northwestern National Bank of Minneapolis,
a national banking association (hereinafter referred to as the "Trustee");
WITNESSETH:
WHEREAS, the Tenant is the tenant under that certain lease between
the City and the Tenant, dated March 1, 1974 (hereinafter referred to as the
"Lease"); and
WHEREAS, the Trustee is the trustee under that certain mortgage and
indenture of trust between the City and the Trustee, dated March 1, 1974
(hereinafter referred to as the "Indenture"); and
WHEREAS, in the first paragraph of the first page of the Lease
it is provided that the term of the Lease shall extend to March 1, 1974; and
WHEREAS, it was the intent of the City and the Tenant that the
term of the Lease should extend until March 1, 1994, but through a typographical
error the date March 1, 1974 appeared in the Lease instead of the date
March 1, 1994; and
WHEREAS, the Tenant and the City desire to amend the Lease to
correct this typographical error; and
WHEREAS, Section 10.04 of the Lease provides that the Lease may not
be amended without the written consent of the Trustee; and
WHEREAS, Section 12-1 of the Indenture provides that the Tenant
and the Trustee may, without the consent of or notice to the holders of the
bonds issued pursuant to the Indenture, consent to any amendment, change or
)
modification of the Lease Which may be required ". •. .(ii) for the purpose
of curing any ambiguity or formal defect or omission. . •"; and
WHEREAS, amending the Lease to correct a typographical error is
the type of amendment to the Lease described in Section 12-1 of the
Indenture.
NOW, THEREFORE, it is hereby mutually agreed among the parties
to this Amendment as follows:
1. The City and the Tenant agree to, and hereby do, amend the
Lease by changing the year "1974" appearing in line 8, paragraph 1 of page
1 of the Lease to read "1994".
2. Pursuant to Section 12-1 of the Indenture, the Trustee hereby
consents to the foregoing amendment to the Lease.
IN WITNESS WHEREOF, the City and the Tenant have caused the Lease
to be amended in their respective corporation names and their respective
corporate beals to be hereunto affixed and attested by their duly authorized
officers all as of the date first above written, and to evidence its consent
to the amendment to the Lease hereby made, the Trustee has caused this
amendment to be signed in its name and on behalf by its duly authorized
, attested to by its
and its official seal to be hereto
affixed, all as of the date first above written.
CITY OF EDEN PRAIRIE, MINNESOTA
By
Mayor
(Corporate Seal)
And
City Manager
(Corporptc Seal)
P SICAL ELECTRONICS INDUSTRI 5, INC.
By L
Its j
Its tesi_ ,
-2- ST'il
It s
(Corporate Seal)
NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS
By
Its
ATTEST:
-3-
)
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
On this day of July, 1977, before me, a Notary Public within
and for said County, personally appeared and
, to me personally known, who, being each by me duly
sworn, did say that they are respectively the Mayor and City Manager of the
City of Eden Prairie, the municipal corporation named in the foregoing instru-
ment, and the seal affixed to said instrument is the corporation seal of said
municipal corporation, and that said instrument was signed and sealed in behalf
of said municipal corporation by authority of its governing body and said
and acknowledged said instrument to be the free
act and deed of said municipal corporation.
(Notarial Seal)
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
On this 7 '--- day of July, .1.97, befoEe me, a Notary Public witAin
and for said County, personally appeared//,
to me personally known, whacbeing each by me duly sworn, did say that they
are respectively the and .1"4„:, .4 of
Physical Electronics Industries, Inc., the corporation named in the foregoing
instrument, and the seal affixed to said instrument is the corporate seal
of said corporation, and that said instrument was signed and sealed in:behalf
of said corporation by,authority of its Board of Direcotrs and said Ti.7
and -",/,;. acknowledged said instrument to be the free
act and deed of said corporation.
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
On this day of July, 1977, before me, a Notary Public within
and for said County, personally appeared , to me known to
be the of Northwestern National Bank of Minneapolis,
the corporation named in the foregoing instrument, and the seal affixed to
said instrUment is the corporate seal of said corporation, and that said
instrument was signed and sealed in behalf of said corporation by authority
of its Board of Directors ana said acknowledged said
instrument to be the free act and deed of said corporation.
(Notarial Seal)
'XL
THOMAS L. CARMODY 4wIrdoot
SZSINICIMIZOME11111-10XIMMEINILIMILINIMIXI
8598 Mitchell Road, Eden Prairie, MN 55343
July 14, 1977
Mr. Walter D. Johnson
Supervisor of Inspections
City of Eden Prairie
8950 Eden Prairie road
Eden Prairie, MN 56343
Dear Mr. Johnson;
Rt Proposed City Hall Add.
As per your request, I have obtained estimates from a general contr.,
Crawford—Mers, for the general work; and from Tom Shanicker of TAC
Engineering for the plumbing, heating, air—conditioning, and elect.
work. The figure for the general work does not include landscaping
or finish grading. There is an amount of $5000.00 in the total for
excavation, backfilling, and rough grading work within a minimum con-
tract area. The figures are as follows;
General work $130,000
Mechanical & Elect $ 55.000
Total $185,000
Please not , that this fig, does not include the architectural fee.
It is my feeling that the bids would be $175,000. to 200,000. This is
as close as we can come at this time.
As we also discussed omitting from the base bid, all the partitions and
doors, except for the toilet rooms, I obtained a figure of $12,000 to
be deducted from the above total.
iBeElltinELD u u UDC. DEPT.
JUL j 4 1917
CITY OF
EDEN PRAIRIE
DATE: July 14, 1977
TO: Roger Ulstad
FROM: Jack Hacking
SUBJECT: Dates for bids on pumpers and aerial truck for fire department.
AdVertise for bids on July 20, 1977
Receive bids until 11:00 A.M. on August 19, 1977
Opening of bids on August 19, 1977
Award bids on September 6, 1977
If you have any questions please call me.
•••••-•
MEMORANDUM
TO:
THRU:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Roger K. Ulstad, City Manager
Marty .lessen, Director of Community ServicesA. ..5 .
Park Development Projects and Financing Sources for 1977
July 15, 1977
Enclosed is a chart which was the basis for discussion before the Parks, and
Recreation Commission on Monday, June 20, 1977. It identifies potential park
development projects which the City might undertake during the 1977/78 construction
season and financing sources available for the projects. Most of the projects
are specifically directed at the 1977 State Outdoor Recreation Bonding Program
and especially the following:
1. Governor's Trail Program
2. Governor's Court Game Program (tennis courts, etc)
3. Trails in local parks
4. Bikeways through the Department of Transportation
5 Trails in Regional Parks
In my judegment all of the projects listed may be eligible for funding under the
various programs. The rules and regulations and application procedures have not
yet been published, but I would suggest that we begin preparation of applications
at the earlies possible time so as to increase the likelihood of having our
projects funded.
The Commission's recommendation on the matter is as follows:
AMENDED MOTION: " Kingrey moved, seconded by Upton, to recommend to the
Council that the City Staff proceed to prepare applications for securing
funds for development projects listed on the report of June 17, 1977,
exluding No. 16, Maple Leaf Acres, in conjuction with CETA Grant. Motion
carried unanimously."
6-ote 0
CITY OF EDEN PRAIRIE PARKS AND RECREATION FACILITIES DEVELOPMENT PROJECTS FINANCING IN CONJUNCTION WITH THE CETA GRANT June 17-77 Item 1. Round Lake • General, Ballfields • Tennis Courts • Trails Funding Source/A4.1ncy Cost Status Comments LAWCON Athletic Courts SPA/OLUA Local Park Trails (SPA/OLUA) 2. Staring Lake . Trails Local Park Trails -SPA/OLUA 3. Bryant Lake • Trails • Support Facilities Trails in Regional Parks-Metro Trails in Regional Parks-Metro 4. Anderson Lakes Pkwy B/H Trails in Regional Parks-Metro MN Dot 5. Forest Hills Tennis Courts 6. Prairie View Tennis Courts 7. Birch Island Tennis Courts 8. Flying Cloud Tennis Courts 9. Preserve • General Development 10. Edenvale • General Development 11. County 4 Bikeway/Hikeway 12. County 1 Bikeway/Hikeway 13. Valley View Bikeway/Hikeway 14. Scenic Heights Bikeway/Hikeway 16. Duck Lake Trail Bikeway/Hikewelf Athletic Courts SPA/ALUA Athletic Courts SPA/OLUA Athletic Courts SPA/OLUA Athletic Courts SPA/OLUA Community Development Community Develcoment FAU/County Bike Funds MNDDT/County Bike Funds MN Dot MN Dot MN Dot
Parks and Recreation Facilities Development Projects Financing in Conjunction with the CETA Grant. Item Funding Source/Acency Cost Status • 16. Maple Leaf Acres . Genera] Development' 17. Park Signage 18. Forest Hills . Field Restoration CASH PARK FEE Bond Fund Bond Fund
TO:
.PROM:
DATE:
SUBJECT:
Planning Commission
Carl Jullie, City Engineer
May 19, 1977
Minneapolis Floral Company
Bequest for Road Dedication
We have reviewed and concur with the proposal by Minn
e
a
p
o
l
i
s
F
l
o
r
a
l
C
o
m
-
pany to purchase a lot in the Westgate Addition and d
e
d
i
c
a
t
e
s
a
m
e
t
o
t
h
e
City for street purposes. This would provide an essen
t
i
a
l
a
l
t
e
r
n
a
t
e
r
o
a
d
connection and the proposed land use is a compatible
t
r
a
f
f
i
c
g
e
n
e
r
a
t
o
r
with the Westgate area.
It is recommended that the Planning Commission appro
v
e
t
h
e
c
o
n
c
e
p
t
o
f
a road connection between the Minneapolis Floral prop
e
r
t
y
a
n
d
O
n
t
a
r
i
o
Boulevard, as proposed in Mr. Hedblom's letter.
C.7J:kh
6-063
apOroved
Planning Compission -4- May 23, 1977
F. Minneapolis Floral Company, request to purchase Lot 16, Westgate Addition,
mil dedicate a portion or all to the city for road access.
The planner stated the road access proposed is consistent with the 4/S Study adopted
as a reference document and the staff is recommending approval.
W. Hedlund, Minneapolis Floral Co., stated he has walked the site with the City
Engineer and the Engineer concurs with this lot for road access as the lot to the
north is in very poor soils.
Lynch inquired if Fuller Road aligns to Westgate Boulevard. The planner replied
negative. *
• Motion:
Lynch moved, Redpath seconded, to recommend approval of Lot 46, Westgate Addition,
street dedication as proposed by Minneapolis Floral and according to the Engineer's
memo dated May 19, 1977. Motion carried unanimously.
7'%„NtAp
4mk _ _ *00,
0. vAw s,„ cro 2420 Hennepin Ave. • Minneapolis, Minnesota 55405 • Telephone (612) 377-8080
44n sr -"v
Mr. Richard Putnam
Planning Director
City of Eden Prairie
6950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Mr. Putnam,
Minneapolis Floral Company has purchased an option on Lot 16 of
Westgate Addition in Eden Prairie conditional upon Eden Prairie*
acceptance of our dedicating a portion (or all) of Lot 16 for a city
street.
We intend to purchase this lot for we firmly believe that a western
access to our 53-acre parcel of land would be highly desirable, if
not necessary, as it becomes developed. As shown on a separately ena
closed map, this parcel has a low-lying swath of lend on which de-
velopment may be uneconomical increasing the need for a second
access point. As a further point of clarification, Dirlam Properties
has an option on 12.9 acres of land in the northwestern portion of
our holdings. This Realty Company will assure us an emcees through
their holdings to the remainder of our property.
For the above reasons we are seeking permission to dedicate a portion
(or all) of lot 16 of the Westgate Addition to the City of Eden Prairie.
A conceptual alignment (subject to change when a specific development
plan is prepared for our parcel is shown on the enclosed map). We
envision the land to be developed either for single family, two-family,
or townhouse development (or combinations of the above) at the time
of development.
Since our option on Lot 16 of Westgate Addition expires on May 30, me.
would greatly appreciate the Planning Commission's comments prior to
this date. If we can be assured that the City will grant approval, we
will go ahead with the purchase of the land. We wish to emphasize
that we wish to dedicate all or a portion of this lot as a city street
to assure that access can be guaranteed at • future date sham needed.
5a 5
Sinoirgy yours,
Bertil C. Ols
President, Minneapolis floral Compahy
Xi a further clarification, we do not intend to develop the road on
Lot 16 until such time as it is actually needed to service our
property.
Plasss give us your 'advice as to the exact steps to tido in accomplish-
ing this dedication.
fit
50a.
\l \ 1401.140 XIMawn A.1142.101Id I
The depth of peatandmudk varied from 2 feet to 13 feet. As one moves
to the south and east, the peat and muck runs out. The deepest area
of peat and muck is next to the old roadway bed.
The peat and muck is fairly firm, but it will cause considerable
settlement avers long period of tine if it is not removed. If it is
decided to plasma surcharge on top of the post and muck, it should
remain in place Swat least 3 months.
.*-
JO*. Hedlost .1 ;
Viodland •
",-,.tIldlist,,M12322iteata 55424
9••• -
v ests on Lot 16,,Weeigate Addition, lden Prairie, Minnesota
• . -- • .• .
Alt your request we probed the swampy &feat! the above lot in the area
• ' ..of the-proposed road. The probes were made with a 3/4' inch diameter
Bevis Sampler which retrieves undisturbWsoil.semples. Attached
are the logs of the probes and the plan of their location.
t toe. ST.6 ANT or: i1/4110 tt!oN '''
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5016•
_Euciasettioes 079
SO:
=ROUGH:
FROM:
'DATE:
SUBJECT:
Mayor Wenzel and Members of the City Council
Roger:Ulstad, City Manager
Carl Jullie, City tmOmear
July 14, 1977
Riley Lake Road Improvements
I.C. 51-305 .
At the June 21, 1977, public hearing for bituminous paving on Riley Lake
Road, the City Council requested our review add response to comments from
Mts. Jacques, one of the area residents, regarding deficiencies in the width
and site distances at certain points along Riley Lake Road.
We have since talked further with Mrs. Jacques and field checked the road-
way conditions. Unless otherwise directed ty the Council, our maintenance
crews will be taking corrective action at three locations. The work will
involve removing three trees, trimming some trees and brush, cutting the
grade down aor-oximately one foot at a high point, and widening the road at
one of the curves. This work will be done at the time the subgrade is pre-
pared for that portion authorized for bituminous surfacing.
OlJskh
501 1
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
Only 19, 1977
CONTRACTORS (1 a 2 Family)
Rlfering Construction Co.
Highlight Homes, Inc.
Janson -Solberg Builders
Oakwood Builders, Inc.
Wildwood Construction, Inc.
- PRIVATE KENNEL LICENSE
Ronald Peltier*
These licenses have been approved by the department head responsible
for the licensed activity.
Rebecca Quernemoen, Deputy Clerk
* See attachments
509-
, 40. •n•nnn••n•
TO: Becki Quernemoen
PROK: C.S.O. Brace
SUBJECT: Peltier Kennel License
I asked seven different people 'in regards to the Peltier dogs. All
seven of the people are neighbors of the Peltiers.
In every case the neighbors expressed concern over only the one .
dog. In about four of the seven cases the one dog has bitten some
member of the family. In every case the dog has chased members of
the family. All of the neighbors stated that the other two dogs were
well mannered and no problem. Several of the neighbors had in the
past called city hall to report a problem with the dogs. They were
advised that in the future they Should call the police department
with complaints. We have no records or complaints against the Peltiers
in regards to their animals.
I also made approx. 15 short surveillances of the neighborhood, and
never saw any of their dogs off of a leash.
503
6-11)q •
TO: Roger K. Ulstad
FROM: Rebecca CouerneMoen
DATE: July 15, 1977
RE: *Ronald Peltier Private Kennel License
The Peltier's own 1/2 acre of land at 8218 Hiawatha Ave. which does
not meet the requirement of 1 acre per Ordinance No. 134. There is
an empty lot next door which Mrs. Peltier's sister owns. I have
recieved a letter from Mrs. Peltier's sister which gives Mrs. Peltier
permission to use the empty lot next door for the dogs they own. The
lot next to the Peltiers is also 1/2 acre which would make 1 acre.
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