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City Council - 08/02/1977
• EDEN PRAIRIE CITY COUNCIL Allf18,7 2, 1977 7:00 PM, CITY HALL COt.)::CA. Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNC.ft STA!F: City Manager Roger fisted; City Attorney Harlan Perbix; Planner Dick Putnam; Finance Director John Franc; Director of Community Service:: M,Irty Jessen; Engineer Carl Jullie; and Joyce rrovo, Recording Secretary ) PLEDI.E OF ALLEGIANCE ROLL CALL I. L), ACHA i'ND OTHER ITEKS of BUSINESS II. k HE R7CULAP, COUNCIL MEETING HELD TUESDAY, OUil 5, 1977 Pace 5G80 Pn7C lutf Arrctt, 3rd Additiou kyJarip Cornoratior, roquest fc.t) PUD rae 5088 ;1Y1ce.zontrzi fro:a Ruriii R';-13 Thr tv. t-)nd Sw.; Rural ta,C-Com.::ercial, fur u.prracejl_fl...) nr: 1D3r74poroval):J,rjq luis. The Slit is ioca pt,.„.tjc I AVIA 1))1-th and Easi. :f ;Vddi.1 Pcli.z, 71 ( e.,u1 ,i,:.r, No. 77-96 approving POO: Orciiuuce n. 77-28 re/a.11ug from Rural to k1-13.5 for coproHmA,c.ty 52 ocre:, Rtni. ; to C-Commerciel fo epllioximately 1.3 acre ; and Rcsol:: (n No. -,/).'_))7 approving prel)%tinat-y plat) COrMISSPS 4. Pe!,!4 fbcv,1 Ov Parks, Rc.cnbtkm Nalural PeFoUvr±s aemiss Peg-e 5105 !'?Ck Fee Policylfzno UetlistIon deluirctaety;).— Reprrt b.] en by Cutiolisioner Ciar..!hs. C01,11UNTrAIONS A. poi from ,Hlt! K;MI18 t 1118 d !_.1-Ory hoe II Edr;V:IIP C.1enS P,It;(- 5111 (Gontioued nrom Juiy 1. -Eh Council moetirg) A Rr!-;OLflTIONS A. tiftnl).ttion No. 77-100, coltin:,,,SoltotOer 20, 1,..).?Y as the dale -!);tr tl:e Pace 512P salv ot corl,ifiLates of lnunoss. !ire Rend:, Water and Stemu. Uonot. F. Reselutf:01 No. Ti-98, atyg.ing a Manual of Policy and Regul;ttiont, ):•or the Page 512) Dqprtitlent. of t'uolto Satcty C. 20 PJ...ading of Ort.ttnanco No. '7-20, repiningfrom Rural to !!1-13.G for tho viy).;toro vproxit.taielv -)t.);) r OT '11111:"7. F.:15'.t/ stPdp and aveemeof rer Nustad Develo).litilt. Cort)oratinn City eAtia - 2 - Tues.,August 2, 1977 D. ?nd 11eadi41.4; af Ordinance tdo,_77-27, rezoning Eden Prairie Industrial Park Page 5145 ' -Tror. 1. 2 to ;-G-eneralfor Char:Tien Ifill_prnj,,Alty and rezoning agreomeni E. 2.n-1 t,o;.ding.pf Ordinance No. 77-14, re7or.ino from 121-22 to R1-13.5 11cr Page 5152 1. 17 ol! ,E,roxiniately acre: for Walnut. hy Dirlmn ties Z'Pr; r,, io4,1 agreement Ordinanc.e No. 77 ,rezonino Rural to 111-17.5 Page Tilr lic1ond,:le 14th by Edervale., In and re-orc.ne a_greemzInt G. r icl! No. 77-93, recipes-1k IThe State Tax Connis.,ioner to correct page 5163 , .ssmcid or!i ties ?!,111,,eclift. t1c. 77-17, rczonini:! I-Genetal to I-2 , C t`1. Cul ot '' b I don au n a je5165 1. ,f:.1 Rradi 14; al Croinenc.c No. 77•?,:, relati)c, to the ind.i-:trial Commir..sion ••••,; of Eden i'rairie____and______as.L'iLd.i_i_iniird-O-ir.;-!nce No, /9 ac ame.ndou 'a9e 5171 1 V); • 130PROS_C:_CONI;IISSIODS Is i14:ier Py..•:‘, (.1t.iv Attorney C. 11...0_,!4 for CI,P. NMI to, A.,.,ust 16, 1977 Cr \laic - rn,c1:ins. fs4;,I. IiiiI - The Pro,..(4.1 1'-r,•.;. , • ). 'st fi tcmnovTry use Anj dis_plill_for I 3t4 tot hocsfil Page 517C ,n.!rahon ? Do.ra(!efne:-.1 Page 5182 i,,,Tc.rf of nimcter Of Community Scrvires 1. Ecor Ccolor. Bids Page 5205 • 2. Tree Disease Control Program Page 5206 :1. thcPnse Page 5219 4. itcsurd Water Qfplity Study consideration of work olan and Page 52;11 Ssco_po of serviceS I-• ifryprt T . Eft:, Ensfinel?r • rir,1 flat an_p_rwm1 -rot' Rod Rock Hills 3rd Addition tResolution Pa.le 5225 i(11-.) City 'ouncil Agenda - 3 - Tues.,August 2, 1977 F. Rcpprt of City Engineer (continued) • 2. Final plat approval for The Preserv_ed Area "G", Commercial Plan Page 5228 (Resolution No. 77-101) 3. Receive Feasibility Report for improvements on Homeward Hills Page 5231 Road, I.C. 51-309 (Resolution No. 77-103) 4. Approve plans and specifications and order advertisement for Page 5232 bids for Sc(niclletchts Road improvements, I.C. 51-270 TResolution No. 77-1041 5. Resolution No. 77-94, approving sale of tax forfeited properties Page 5233 6. Final plat approval for Edenvale Industrial Park, 4th Addition Page 5237 ZR'esolution No. T-T 6) T_ 7. Finalnlat approval for the Bluffs West (Resolution No. 77-102) Page 5239 G. Rep_:u•t of Finance Director 1. Payment of Claims Nos. 6405 - 6528 Page 5242 2. Clerk's License List page 5245 VIII. i BUSINiSS IX. P.!)3odrd!'Nr. • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 5, 1977 7:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan _ Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Harlan Perbix; City Planner Dick Putnam; Director of Community Services Marty Jessen; Finance Director John Frane; and Joyce Provo, Recording Secretary INVMTICN: Director of Community Services Marty Jessen PLEDCE OF ALLEGIANCE ROL.I CALL: Meyers, Osterholt, Pauly and Penzel present; Bye arrived at meeting at 7:10 PM. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda under the "Pia., Bu:iress" category: A. Conununication to the Metropolitan Waste Control Commis-ion B. 2 Vacancies on the Parks, Recreation F4 Natural Resources Coimnssicn C. Request for the appointment of a U.N. Day Chairman MOTION: Pauly moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES A. Minutes from Special Council Meeting held Monday, Jule 13. 1977 Pg. 2, para. 9, 2nd line, strike "to her". MOTION: Dsterholt moved, seconded by Meyers, to approve the minutes of the Special Council Meeting held Monday, June 13, 1977, as amended and published. Osterholt, Meyers, Bye and Penzel voted "aye", Pauly abstained. Motion carried. B. Minutes of Regular Council Meeting held Tuesday, June 14, 1977 Pg. 6, last para., 2nd line, strike "and Service-Commercial" and insert "and" between "RM 2.5" and "RM 6.5". Pg. B, para. 10, 2nd line, strike "completely". MOTION: Meyers moved, seconded by Osterholt, to approve the minutes of the Regular Council Meeting held Tuesday, June 14,1977 as published. Motion carried unanimously. ��0y,J City Council Minutes - 2 - Tues.,July 5, 1977 111. PUBLIC HEARINGS A. Highpoint 4th Addition, The Preserve, request to rezone from RM 2.5 to R1-13.5 and preliminary plat 36 lots on approximately 25 acres Don Hess, The Preserve, outlined the proposal and answered questions of Council members. Planner Putnam spoke to the Planning Commission minutes dated June 13, 1977, whereby unanimous support was given to the proposal for rezoning from 1 RM 2.5 to R1-13.5, and preliminary plat approval was granted subject to specific conditions. William Steinbecker, 9152 Neill Lake Road, Mrs. John Wastvedt, 9166 Neill Lake Road, and Gale L. Reiger, 9172 Neill Lake Road, expressed concerns regarding the greenway and trail, objection to development because the area is teaming with wildlife and there is a lot of high ground that is not developed in surrounding and adjacent areas, and questioned how many feet of fill would be coming into the area. Lois Kilkka, 9192 Neill Lake Road, questioned if the trailway would go below the hill. Mr. Hess replied the trail would go below the hill. Osterholt questioned how many of the lots were below 13,500 square feet in sip.. Hess repl ed the average lot is about 10,700 square feet. Osterholt further questioned how long the cul-de-sac would be. Hess replied about. !3b feet. Putnam added that the Engineering Department would like to keep the cul-de-sacs at 500 feet, however in some instances they are longer. MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and give a 1st Reading to Ordinance No. 77-26, rezoning Highpoint 4th Addition in The Preserve from RM 2.5 to R1-13.5 for single family lots. Meyers, Bye, Penzel and Pauly voted "aye", Osterholt voted "nay". Motion carried. MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a rezoning agreement before the 2nd Reading of Ordinance No. 77-26, including the recommendations of the Planning Staff Report dated June 7, 1977, the Engineer's Staff Report dated June 9, 1977, and the recommendations from the Parks, Recreation & Natural Resources Commission as to the resolution of Outlet B. MOTION TO AMEND: Osterholt moved, seconded by Pauly, to amend the previous motion directing staff to look at the reduction of the number Of lots and to address the depth vs. width on the lots on the western side of the plat for intrusion on Neill Lake prior to the 2nd Reading of Ordinance No. 77-26. Osterholt, Pauly and Penzel voted "aye", Meyers and Bye voted "nay". Motion carried. MOTION AS AMENDED: Osterholt moved, seconded by Pauly, to adopt the previous motion as amended. Osterholt, Pauly, Meyers and Penzel voted "aye", Bye voted "nay". Motion carried. w`c • City Council Minutes - 3 - Tues.,July 5, 1977 ) A. Highpoint 4th Addition, The Preserve (continued) Osterholt requested that the agenda be corrected to show the request from the proponent is for 36 lots and not 43 as shown on the agenda. Resolution No. 77-89, approving the preliminary plat for Highpoint 4th Addition, was continued to the time of the 2nd Reading of Ordinance No. 77-26. IV. REPORTS OF ADVISORY COMMISSIONS No Reports. V. PETITIONS, REQUESTS & COMMUNICATIONS A. Appeal of decision of the Board of Appeals & Adjustments by Dennis Peterson, Attorney representing resident on Cedarcrest Drive City Menaeer Ulstad explained that the minutes of the March lb, 1976 Board of Appeals & Adjustments meeting had been sent to membersof the Board for verification as to the accuracy of said minutes. Of the five members that were sent copies of the minutes, 4 reported that the minutes were correct as published. The only person that could not be contacted for verification • of the minutes was Mr. Cebulla who has moved out of the City. Ulstad further explained that the Watershed District feels that the requirements have been complied with and they have no further requests of the Hendrickson party involved. Meyers questioned if the land hold agreement had been filed. City Attorney Perbix responded that at the present time the land hold agreement had not been filed, but that he would fire it as soon as possible. Pauly noted that according to the letter recently received by Council members from Mr. Cable, that he and the other concerned residents have not seen the • land hold agreement. Perbix explained that he had no idea they have not seen the agreement as he had drafted it on April 26, 1976. Dennis Peterson, Attorney for Mr. Cable, questioned if there has been a written report prepared by the Watershed District and, if so, it would be beneficial for the residents on Cedarcrest Drive to see the report and give them a chance to respond. Mr.Ulstad explained that he did not have a written report from Mr. Gebhard, Engineer for the Watershed District, but is confident he would be willing to supply that to the Council. Jack Miller, Attorney for the Hendrickson's brothers, Bob Hendrickson, and Jerry Hendrickson answered questions of Council members. Richard Cole, 17251 Cedarcrest Drive, stated that if there was never any intention for a cul-de-sac at the end of the road, the City of Eden Prairie has an engineering problem as the entire area is only served by one street. Penzel explained that basically it is the City's policy not to allow cul-de-sacs of over 1500 feet where possible and there is a potential of a connection, however he does not know of any connections proposed at this time. Mr. & Mrs. Duane Cable, 17181 Cedarcrest Drive, spoke in particular to the water problem. • City Council Minutes - 4 - Tues.,July 5, 1977 I A. Appeal of decision of the Board of Appeals & Adjustments by Dennis Peterson, Attorney representing resident on Cedarcrest Drive (continued) 1 Penzel asked the residents if they were willing to work with Mr. Ulstad to come up with a reasonable solution. Mr. Peterson said they certainly would be willing to do that. MOTION: Bye moved, seconded by Pauly, to refer this matter to staff and requested that staff work with the residents on Cedarcrest Drive to resolve the situation and report back to the Council at the July 19th Council meeting. Motion ! • carried unanimously. Osterholt stated he is interested in having an opinion from our City Attorney as to what action the Council might be able to take. Penzel concurred and felt this would be part of the Staff report. i VI.ORDINANCLS & RESOLUTIONS A. 1.st Reading of Ordinance No. 77-20, rezoning from Rural to R1-13.5 for I the western approximately 200 acres of the Bluffs East/West PUP, and rezoning agreement City Manager Ulstad explained that the appraisal report received last Friday and sent to the Council has been seen for the first time today by the proponents. Ulstad further stated that the rezoning agreement has been redrafted with the changes requested by the Council in the preliminary dra ft. Bit et.i-nr of C.o,uT,uni Ly Services Jessen spoke to the appraisal report. noting that the value of Parcel l was $191,200, and $408,000 for Parcel 2. Jim Ostensen stated that the Bluffs Company was in agreement on the value of that portion of land belonging to them (Parcel 2), and that the other property owners, Jim and Robert Brown, were agreeable to the same figure, that being $408,000 and not. $191,200 as the appraisal report indicated for Parcel 1. Ostensen requested that the Council approve the preliminary plat and rezoning agreement and work out the negotiations on the land before the 2nd reading. I MOTION: Osterholt moved, seconded by Pauly, to continue this item to the i July 19th Council meeting for the purpose of the proponents securing another appraisal. Osterholt. Pauly and Penzel voted "aye", Meyers "abstained", and Bye voted "nay". Motion carried. Meyers questioned if the Brown's were willing to pay for the 2nd appraisal. Both Jim and Robert Brown replied in the affirmative. B. Resolution No. 77-46, approving preliminary plat of 250 lots on approximately 200 acres of the Bluff's East/West PIID, busted Development Corporation Continued to July 19, 1977 Council meeting. 50%?, City Council Minutes , - 5 - Tues.,July 5, 1977 C. 1st Reading of Ordinance No. 77-22, prohibiting noisy parties and unlawful trespasses upon the 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 Sargeant Bob Tyson spoke to his report dated July 1 and in support of proposed Ordinance No. 77-22, stating this ordinance would give the Public Safety Department authority to go into an area and break up the parties before they really get out of hand. Both Sargeants Tyson and Oberlander answered questions of Council members. • Sally Brown, 10080 Bennett Place, questioned if the land owner could be prosecuted if he did not know parties were being held on his property. City Attorney Perbix responded that the property owners could not be prosecuted unless they had knowledge of the parties. Don Peterson, Edenvale, Bruce Bermel, Bermel-Smahy, and Mrs. Brandt, 12300 Riverview Road, spoke in favor of the proposed ordinance. Pauly explained that she was not going to vote and hoped the ordinance would not be abused, but that the potential of abuse is there. She felt it interfers with the rights of the owners and the idea of stopping disorderly conduct before disorderly conduct occurs bothers her. Meyers requested that the Public Safety Department keep a record of how this ordinance: is used and,if possible, when it is used and under what circumstances. Cstencc'.t slated he would be :eery interested in having a report on th`. in .x months as he feel: this ordinance is another violation of fundamental rights and that the present ordinance is satisfactory which deals with disorderly conduct. Penzel felt the Public Safety Officers are doing a fine job and if the time should ever come when this ordinance is abused, it can be readily struck from the books in a short time. MOTION: Meyers moved, seconded by Bye, to adopt the 1st Reading of Ordinance No. 77-22, prohibiting noisy parties and unlawful trespasses upon the 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. Meyers, Bye and Fenzel voted "aye", Osterholt voted "nay", and Pauly "abstained". Motion carried. VII.REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members 1. A,ppointment of one member to the Building Code Board of Appeals for a term to expire February 23, 1973 Osterholt recommended Bruce Brill for the appointment to the Building Code Board of Appeals. MOTION: Osterholt moved, seconded by Pauly, to cast a unanimous ballot for the appointment of Bruce Brill to the Building Code Board of Appeals. Motion carried unanimously. City Council Minutes - 6 - Tues.,July 5, 1977 2. Appointment of one member to the Human Rights Commission for a three year term to expire February 28, 1980 Penzel recommended Rosemary Dysinger for the appointment to the Human Rights Commission. MOTION: Meyers moved, seconded by Pauly, to cast a unanimous ballot for the appointment of Rosemary Dysinger to the Human Rights Commission. Motion carried unanimously. - B. Report of City Manager Ho reports. C. Report of City Attorney 1. Interim agreement with Bermel-Smaby Realty, Inc. City Attorney Perbix spoke to the interim agreement with Bermel-Smaby 1 Realty, Inc., and recommended approval of same. Meyers requested that any reference to signage he deleted from Exhibit "B". KOTIO' : Bye moved, seconded by Pauly, to approve the interim agreement with Bermel-Smaby Realty, Inc. as amended. Motion carried unanimously. 2. Edenvale FamilL_Recrea_ion Center Replat b Edenvale, Inc. City Attorney Perbix spoke to the changes in the replat and to the draft rezoning agreement. Donald Peterson, Edenvale, explained he would appreciate approval of the two sites Edenvale has been committed to as of this date. Mr. Peterson further stated that Edenvale is trying to stick to the original plan as close as possible. MOTION: Osterholt moved, seconded by Bye, to approve the replat for the Edenvale Recreation Center for two specific uses as per Exhibit "A" of the rezoning agreement. Osterholt, Bye, Pauly and Penzel voted "aye", Meyers voted "nay". Motion carried. MOTION: Osterholt moved, seconded by Pauly, to approve the rezoning agreement as submitted. Osterholt, Pauly, Bye and Penzel voted "aye", Meyers voted "nay". Motion carried. D. Report of Planning Director 1. Report on I' i�_Cloud Airport William Olson, Metropolitan Airports Commission, spoke to the Master Plan • that MAC has adopted and sent to the Metropolitan Council. MOTION: Bye moved, seconded by Osterholt, to continue on with the next item as this is a flagrant abuse of the City's position. City Council Minutes - 7 - Tues.,July 5, 1977 1. Report on Flying Cloud Airport (continued) Osterholt questioned Mr. Olson if he was present at the Public Hearings held by the City Council on Flying Cloud Airport and if he thought the City's position is unjustified or unreasonable. Mr. Olson stated he was • present at some of the hearings and feels MAC did react by changes made in the plan. MOTION TO CALL PREVIOUS QUESTION. Osterholt moved, seconded by Bye, to call the previous question. Motion carried unanimously. VOTE ON PREVIOUS QUESTION: Osterholt, Bye, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. Osterholt stated he would like to have a report on zoning around Flying Cloud Airport. Putnam asked if the Council thought it would be helpful for them to know what is currently approved in the vicinity of Flying Cloud Airport. The Council agreed this would be helpful. E. Report of Director of Community Services • 1. Recommendation from the Parks, Recreation & Natural Resources Commission concerning the Metropolitan AirportsCommission acquisition of Wolf Prope -- — MOTION: Osterholt moved. seconded by Faye, to accept and file the report from 'proctor of Coenur.ity Service:, Jessen dated July 1, 1977. Motion carried unanimously. F. Report of City Engineer 1. Receive petition and order feasibility report for improvements on Homeward is-Toad, I.0 51-309 ((;esolution No. 77-80 MOTION: Meyers moved, se conded cconded by Bye, to continue this item to the July 19, 1977 Council meeting. Motion carried unanimously. 2. Receive feasibility relert on sewer and water improvements for Edenview I, Kutcher's Ado ion, and Kurt::Lane - I.C. 53-900 Osterholt requested clarification as to why residents have to pay 8% interest. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-95, i • receiving the feasibility report on sewer and water improvements for Edenview I, butcher's Addition, and Kurtz Lane - I.C. 53-300. Motion carried unanimously. G. Report of Finance Director 1. moment of Claims Nos. 6031 - 6237 MOTION: Bye moved, seconded by Meyers, to approve Payment of Claims Nos. 6081 - 6237. Roll Call Vote: Bye, Meyers, Osterholt, Pauly and Penzel voted "aye". Motion carried unanimously. • �� I City Council Minutes - 8 - Tues.,July 5, 1977 2. Clerk's License List MOTION: Bye moved, seconded by Meyers, to approve the Clerk's License List dated July 5, 1977. Motion carried unanimously. VIII.NEW BUSINESS A. Communication to the Metropolitan Waste Control Commission City Manager Ulstad requested that the Council reconsider sending the letter to the Metropolitan Waste Control Commission and allow Staff at least to make a proposal to the Commission and hopefully they would accept the proposal. If theyrin turnrdo not accept the proposal, then the communication would be sent to the Commission inviting them to meet with the Council. The consensus of the Council was to authorize Staff to negotiate with the Commission and report back to the Council. B. 2 Vacancies on the Parks, Recreation & Natural Resources Commission Continued to the July 19, 1977 Council meeting. C. Request for the appointment of a U.N. Day Chairman Mayor Penzel requested that the Council be prepared to nominate a U. N. Day Chairman at the July 19, 1977 Council meeting. IX. AD,166RN;arNs MOTION: Osterholt moved, seconded by Meyers, to adjourn the meeting at 11:14 PM. Motion carried unanimously. a•it, 1 • • PLANNING STAFF REPORT TO: Planning Commission • FROM: Jim Jensen, Planning Assistant TIIROI1G11: Dick Putnam, Planning Director • DATE: June 9, 1977 PROJECT: Maple Leaf Acres Third Addition APPLI('.Ai f: Jarip Corporation LOCATION: North of Hidden Ponds 2, hest of Hiddea Ponds I and South of Duch Iahe Trail on approximately 66 acres. I QDE!I1': 1. PHD Concept cpproval. 2. Rezoning from Rural to 11-13.5 with lot'sizc variatnx.s. 3. Preliminary plat cppror,:1 for approximately 150 lots I,ACAGRC•'!ND The site is noncd Rural and is dines'. c,ap1c•tcly surrounding by residential uses in the Ia-13.5, R1 27 and Ill 6.S Districts. Jarip Corporation's previous proposal , Maple Leaf Acres , (located northwest of the proscut. suhnifision), ,Ras rezoned to RM 6.5 and R1-1;z..S in 1976 with final plat approval oc tnnug in 1977 for the 1st and 2nd Additions. No vari- ances were allowed to accommodate lots loss than 13,500 square feet. Z0 IidA CT1Q1IP`:T Jarip Corporation is requesting rezoning from Rural to 1I1-13.5 for 63 acres end from Rural to CottonIty Leonercial for .l.z acre::. The 63 acres include, 14o single family dwelling units at a density of 2.3 units per gross acre. Mr. Gr.ist,old,L:nul- soape .Architect , has informed l.'ic staff that the average lot size will be appr.,Siu:ately 13,0011 sr,u:trc feat . P.x:tct, lot. sites will be determined by the proponent for the coin fission's infermac.ioa for the June 13th meeting. Lot sirs variances will be requc:acd. following are provision:: of 0r:inancc 135 for c;tc single family District R1.-13.5: tnasinlu:n density of:: lots / ,tore 30 foot front Sian), st,thacl, 10:25 one nice, I,o!It sides r•,idc yard sethaci:s 20 foot roar yard) ,rth.dr.I. 13,500 syu,tt•c loot niniocr., i •:: size rJu tt • Staff Report-Maple Leaf Acres 3rd Add -2- June 9, 1977 s The Engineering Department has determined that a minimum of S0 feet should be allowed for a street frontage. The following lots do notmect this policy: Phase B Block 2 Lot 7 Phase C Block 1 Lots 3,4,9 11 10 The staff recommends widening these lot frontages to the minimum . A 1.:i acre site located on the southeast corner cf Valley View Road and Dell Road is requested to be rezoned to C-Com. Mr. Griswold has informed the staff that a neighborhood grocery store might. be located there. Land Ilse The 61.3 acre site is surrounded by residential uses . Hidden Ponds I G I1 surround the south and east sides of the site and arc zoned R1-13.5. Maple Leaf Acres 1st and 2nd Additions are to the north and are also zoned RI-13.5. Bcllhurst Addition is to the northeast and is zoned k1-22. Purgatory Creek is just north of Duch Lake Trail but does not affect the site. Access, Circulation The site is bordered on the far best by IP!hway 101., an arterial connector to T.11. 5 . Butt. lake Trail borders the situ on the north and connects intc, Ilighi'ry 101 en the ,it and nd.23 l'r:,irie Road ai the cast. Valley View Rosd is pruposud to wind through the southern portion of the site connecting to existing Valley View Road o, the east and west ends. Valley View connects to Highway 101 on the west end. Valley View is proposed in the 1968 guide Plan as an east/west collector, but presently dead-ends at the east end of Hidden Ponds I Addition. l'hc major north/si'uth road will be Dc11 Road ( North/South Parkway) . Dell Road presently dead-ends at the south end of Hidden Ponds Il Addition and crosses Duck Lake 'frail at the northern portion cr the site. The rebuilding of Duck Lake 'frail to meet OilI Road perpendicular is the safest solution and is per City Engineer specifications. The completion of Tartan Curve is under Phase A and will be the first item completed. Mr. Irvine has informed the staff that automobiles are already crossing, at the proposed location of 'Tartan Curve . A temporary harrier should be constructed to insure public safety until Tartan Curve is completed. The major access consideration is overloading of Duck Lake 'Trail until Valley View Road and Dell Road eau 60 built. figure 0 illustrates the proposed and approved developments adjacent. to Duck i.ake 'Trail near the Maple Leaf Acre site. If those project:: are completed as proposed (0t homes will he added with the majority of those pumas using Duck lake 'Trail. City traffic counts along Duck Lake Trail from September, 1976 showed volumes of about 1,000 cars at 101 and Duck Lake Trail and 2,000 cars at Duck Lite Trail and Co. Rd, 4. The addition of bit) new homes would create about 5,800 daily trips figuring about Ki average daily trips per single family home. Of those total trips some will use ill 101 rather than Duck Lake Trail. It is very apparent that a significant increase in traffic on Duck lake 'fr:ui1 would he undesirable fur the adjacent neighborhoods and the city from a maintenance and safety standpoint. • Staff Report-Maple Leaf Acres 3rd -3- June 9, 1977 • Conclusion: The existing and proposed residential development along the west end of Duck Lake Trail will require construction of either Dell Road to TH 5 and/or the ex- tension of Valley View Road east to Co. Rd. 4, These roads maybe designed as • first phase construction but a route other than Duck Lake Trail is very important to the safe and orderly development of this sector of Eden Prairie. F ! - �^ r- =—sue L 1 ii , s,..°°L u,s, .i. S�� a � •ClI1 ill __:)__\ `�, , ;g;, Ti '" ,_ __— ---- ... . I�, , t? fy..ri }.I it `, I A. . { ' r: i, lk j � ,,,...,..,...,Al / ,' ' ' 1[. ' 1. , C1.-'117 ''' '' < j1`1lri'�Ct \;`;l r-' 1 � '�`.�.�` 1 ~1 nverc e6,,r �J j./ • fi• ' I • z{/ �1 s y' j :�f\) l i -- • , 1:. ! '.t.,..:• I.,I4 !' i s) ' '.-!: !''') ii,„,-,,It'4. 1 CI : i :-.,2, ! 1ta,f..LA �'r;t, ; . ` r� 4.1,1 z iL I i i 111 ;" _�t• 1 r, , �:ttr ......i. ••40......" i� t ` \ �I,.„fit,!, f Staff Report-Maple Leaf Acres 3rd .4- June 9, 1977 .' Soils • The soils on the site are mostly of the Hayden and Hayder Series, consisting • of a loamy texture and having moderate limitations for residential and commer- cial development. These soils have a fair hearing capacity and fairly wide footings should be used. Erosion is a problem on slopes greater than l8% so temporary erosion controls should be implemented during development. Smaller areas of Cordova, Dundas, beScur and llamel soils are found throughout the site. These soils are loamy to clay loamy in texture and have moderate to . severe limitations for residential or commercial development.. Footings should be fairly wide and drain tiled. A small marshy area is located on the westt end of the site near Highway 101. This area should be drained, excavated and hackfilled to insure that a building pad with sufficient bearing capacity is established. The grading plan submitted indicates about 6-8 feet of fill at the location of building pad. , Additional soils information has been submitted by the developer. 1 n n ..;,, Ha l .C/ 13 �.• Pa. ' LrH�HIC f1A� 1. I nIC f:ll E'C a 1 ti. 'l Ha IIIL' • •• ' • I:IG - N. f1eH U Het: Hr; _ r 4 /1,r\,li:"\\—.-)f. '' . m. I �+.. �` Hin alU �. .. ..•�, TI C +\40. ..IIcC1 ©c J U j, 1 FIB. A...., II 1 �ar.. ��;�, y 1. t� ��\�r u �, `l I1 e,1�+�.�4'il�`�11..` , • - r.� IMF�co`NMf ,6, l\,= \ /',,-,: _l//�/ \fir\`^ ,4x.\„.,, (-y t i," ----- ( r.1-./� �—J� 7 `JJ�'�. �` ' -'LuC//� . Hbf: ,,11n Hbe -� j11•t �1;, Cc n. ,1 v\ 0 • mop •( -i,iii�lij� - lnbi 599) ' • Staff Report-Maple Leaf Acres Srd -5- June 7. 1977 Topo g by, Grading r The site is gently rolling and is generally made-up of slopes less than 15% . The larger eastern portion of the site drains to the north and.east while • the western rectangle of the site drains to the west. • The road alignments generally follow the lay of the land although there are . several areas which require a significant amount of grading . The developer should study the grading plan to see if so much is necessary. Vegetation • There arc two small stands of trees on the site. Typical species found are elm, oak, maple and willow. The grading plan should be studied to see if these trees con he saved. The remainder of the site is an open , rolling field maintaining a thick growth of alfalfa. Pedestrian Systems • A bicycle/pedestrian pathway system is essential to promote the health and safety of the residents in the development and the public in general. The developer has agreed to construcing trails in the following locations: a. on the south side of Duck Lake Trail b. on the west side of Dell (toad c. on the south side of Valley Vier Road The ”ails along Dell Road and Valley Piro Road will be built in the road right-of way and will be G feet wide and constructed of 4 inch deep strength • asphalt. 'bite trail along Puck Lake 'frail is a backbone trail and shall be 8 feet wide and cons\trr`ucc tad of 4 inch deep strength asphalt. 11..--y-� 1_,(:. ri '� " l • N ti \l,,\1\O -\,ji' fis i -+ is(",.., _ . V'7-7---. :' __I.- 3 •-i-. 1F • I • 1 Staff Report-Maple Leaf Acres 3rd -6- June 9, 1977 , • Cash Park Fee In a development project of this scope a park dedication or cash in lieu of land is required. The developer has agreed with Mr. Jessen that a cash park fee will be paid. • • SUMMARY The 146 single family units proposed arc consistent with the surrounding area. Careful site planning and development will help preserve the natural integrity of the land while expanding the existing neighborhood. kfECO;•1'•1fiVIlA'I'l01S The Planning staff recommends preliminary plat approval and rezoning from Rural to R1-13.5 with lot size variances subject to the following concerns: a. lot frontages on the following lots are enlarged to at least 50 feet: Phase B Block 2 Lot 7 Phase C Block 1 Lots 3,4,9 1 10 b. provisions of Ord. 135, R1-13.5 Uist,ict , are followed with the exception of the lot size variances. c. the intersection of Duck Lake Trail and Dell Road be approved by the City Engineer Department. d. a barrier be constructed at the south end of proposed Tartan Curve to prevent vehicular travel onto site until Tartan Curve is completed. e. erosion control measures be taken during construction on all disturbed slopes greater than 12s. Sodding and seeding should immediately follow construction. f. the small marshy area to the west be drained, excavated and hack- filled with a coarse material to insure an adequate building pad. The developer should also consider installing drain tile around the footings for houses built in the lower areas. g. the developer study the grading plan in an effort to reduce the amount necessary. h. a bicycle/pedestrian trail system be built on Duck Lake Trail, Dell Road and Valley View Road. The paths along I1e11 Resd and Valley View (toad shall he 6 feet wide and constructed of 4inch deep strength asphalt. The trail alinig Duck lake Trail will he ft feet wide and constructed of 4 inch deep strength asphalt.' These trails will be built by the developer in the right-of-way. i. cash park fee to be paid as agreed upon with the. City. J1:J:jmj • • MINUTES EDEN PRAIRIE PLANNING COMMISSION • .approved • Monday, July 11, 1977 7:30PM, City Hall COMMISSION PRESENT: Chairman Sundstrom, Paul Redpath, William Bearman, Liz Retterath, Richard Lynch(arrived 8:15) COMMISSION ABSENT: Norma Schee, John McCulloch STAFF PRESENT: Dick Putnam, Jean Johnson, Marty Jessen Invocation --- Pledge of Allegiance --- Roll Call • I. APPROVAL OF THE JULY 11, 1977 AGENDA Bearman moved, Redpath seconded, to change the agenda as follows: -Move Round Lake Estates 2nd after IV.A. -Place Discussion of Planning Reference File under Old Business. -Place IV.D. after V.A. Motion carried unanimously. II. MIND`ES OF THE JUNE 13, 1977 MEETING Bearman moved, Retterath seconded, to approve the minutes as submitted. Motion carried unanimously. III. MEMsFRS r,hPORTS A. Chairman Sundstrom-none B. Others-none IV. REPORTS AND RECOMMENDATIONS A. Maple Leaf Acres Third Addition, by Jarip Corporation , request to rezone from Rural to R1-13.5 for approximately 62 acres f, from Rural to C:-Com for approximately 1.3 acres and preliminary plat approval for 142 lots. A continued public hearing. Chairman Sundstrom briefed the audience on the public hearing process. • The planner reviewed the revised plat of 142 lots ( original 146 lots). lle believed the traffic on Duck Lake Trail could become a significant problem as it may become overloaded. He stated the staff is recommending • approval of the rezoning and platting of the single family and believes the community commercial makes sense for the future as this area of the community would benefit from a neighborhood convenience store. Dennis Griswold, Griswold li Associates, project designer, stated the lots have been increased to an average lot size of 14,177 and no lots ' arc under 10,000 square feet. Bearman inquired if the proponents are still requesting commercial zoning. Mr. Griswold replied affirmative stating the specifics of the commercial are still unknown. Planning Commi^sion Minutes -2 July 11. 1977 Bearman inquired if Valley View Road's improvement would be completed by the completion time of the single family lots. The planner was unsure. Sundstrom inquired as to the capacity of Duck Lake Trail. The planner replied the City Engineer's estimate of two years ago is 2,000 trips. Lynch arrived. Dearman asked when the project would be completed. Mrs. Irvine esti- mated 3-5 years. - Hans Bosch, 7286 Tartan Curve, read the following petition- Podition Paper and Petition. talon Prairic,;•tinnesuta June 1977 . • H'e, the residents of the Hidden Fonds , toe hidden Fonds 11 and • the Duck Bake Trail sections of ellen Prairie petition the Wen Prairie Planning Commission, the Eden Prairie City Council and other appropriate • and concered bodies to vote and act in accordance 'witn the wishes ex- pressed below. Ode lowK to our elected and appointed officials to aci in accordance � with our wishes in true fashion of representative government of the peohle,hy the people and for the people. Gil. .z'. 6 .;.! i i z b u:rsi-'t Y;.r-w•:‘--•-t --1'C'./4,.e:..- 2,2 7 %(.... 4• U .ice..„ i� 71/.Ke,,e- 7/L-z /Li L' -.,,,,,,,,, ,:1u, . ,,.�.,4-r 7.a0 � -.E' t�f.�,, ,�w_._ 6!, ' 1)/7„,, ' . (, r, .P 1(.6 /,/ —,..1.,/./..,c • Ql.t_A el.—„,...._ 1,5_?,,<P7 FLA,ati 3".*...I. • 1 ..~:, L2l rt. • i s d{ .u..X ,� `�_. ,--- • 7eC 3 /a/'-t'it_,..c... L.7—.-_. ,!/ fGL t5 _ ` % G finy, (t . a . .. �� � -. . •r ( 10 points of issue~ �C C.r.�L.c Air; chid: co, Ic„ l �i„ +i u' h t:airie /.uhint: Ordinance (NO I:ei .approved Planning Commission Minutes -2b- July 11, 1977 /7 --- 4 . d„,,,,,,,,, _ ,,,,,,,, ./(7,370o,- ,ii.z......• ' . .. . , . •[X l..:J N?/<P e.-.fir. // 7,,Eq.. A,4 1."L✓././,•w \r, tI . )r,. . _. /,�4, ' ;s,.2c v.A. .L/Gc,, . l..a.� 0 (li-- t I c,� 1?'� 2(6�1 '7 5. S;1.,,.�.. Lc...<.. •_ _ ----- __ ._ ;7...), I7/ e L L (ICC / , •y 7 ') ;.i. e2/a2,I77J 7/L'l ,I.CCe'?c '=t.4.,_ i c i u.__ __ 'A- . . im `71ISCoAra t�` ;y/', . ,6 4,,vt.,, 7/2y • t,d.w.U•Fa- t,,•-1-1.ezc.. '. . fi Oil:'-''Ii:4'-41Y! - //?'( 7 i(0A/7Y-4'069 -70.3/L _ ' . _<7).. 7 /, '/ ,'' ., �•-� • `. y',, ( 1 (�>'/7G!.t - '.'�--t• i �- er'"=-= a't e' * -° �� -t . At.G;,PC.' tt'Lva'...i. G.Cc� -1 / ✓r:, \'\!. '''>s,,,_„AI z • (,,7i-kl,, 3/1 ",� , `//S-Q.. .j�i, 1: L.>L.i a.) (i . - . ( "f1/,--� 7/CC I'Cc,,A, )/s., „ / —a? i , ,./ Cry �/- `�/6�' r,�y��,:� :v -� / • t; � n� 7/3 O Aar.� l7. ee.r- �,vpa�,+C'_ / „ /,��'c',rUr,44.4y (he w 'tG' jil.i '''• - I. I / 0 '5/ Vit'SV 1:../ee.(...t./ --,f-i-,/ • 5v',)( approved Planning Commission Minutes -2c- July 11, 1977 ' AV Z.. • ....tee .... / ..., 4 i ' e �` ri tXJ' �6gsa .1 0 0 ' e ��X /g 3 Y/ . f , X(7.-4 X/1-24.7,44 /s-3 -a kz....,--c.- 7 a(f 7 •Tu.4-. • - ---r T_ -T U 7 )tC7a''7 %,Uc ord'P.r a .v 74:r1'./2 ///-4 .?4-/.<L.6C. ,j ,42-2-t 7// 4?4,!/"( .,y tr 74, • boject: \Nit. LEAF AClltS,3rd IsdiLion. 7n6 1� tie S Our Position/ Juntificntion: - - -- desired Planni nr Comm)s.:on vote: • ' '1, m flanned Unit Developent 1,2 & 3: PUD provisions should not concept approval, be used to negate other provisions of the zoning 2.1'1a11ned Unit bevel opment ordinnuces. toe approval. The entire project proposal should 1,2 & 3: be reworked to conform to the pro- ,'°J,Prcliminary plat ,lelny approval visions and intend of 1R-13.5 approval. --------• zoning,to include open space pro- visions,and muse that area com- patible in character with that of the adjacent areas of Hidden Ponds and Hidden Ponds II. approved Planning Commission Minutes -2d- - July 11, 1977 4,Rezoning from Rural 4: Present plan does nut meet the to 1R-13.5. provisions of our zoning ordi- 4: Do not approve nonce. present plan. e.g.:5O of the lots are below Require total the required minimum size; density compliance with of houses exeeds 2 houses per acre. zoning provisions, The wholesale granting of vari- Then zone the area -unces violates the provisions of • 11-13,5. the ordinance dealing with the subject of granting variances. No specific justificatiots are E.iven,demonstrating unavoidable reasons - as required by ordinance. sepla:ting the entire area inter- spersed with open space,i.e. parks and retention ponds will bring it in line with lot size and density zoning provisions. `5.Rezoning from Rural 5: None of the present residents to C-Co.nmerci.il. 5: Deny that request want or need a shopping area Rezone it lR-13.5. there. Especially upon com- pletion of Valley View Road existing shopping establish- ments are plenty close. b'urthermare,proposed site does not m.•et minimum lot size requirement.. • 6.Variances 6: Not to be rranted 6: Such wholesale granting of --- variances would be in vio- . lation of the provisions and intent of the ordinances. • Granting them would not serve the public(=people already there) need. 7. open Space/Park 7: Require that open 7: A nei ghboraood open space iecyuirement space is set aside should be in the neighbor- within the area, hood,not somewhere far off. trot somewhere else When realatting ,set up green or at the eel.;e of the ways.use marginal or un- entire aevelopment ' buildable lots. Use the currently proposed $ amount to be dedicated *or parks 0.275.- X 146 =S4O,150), roughly the cost of 3 lots • and actually set aside that much land within-the area. 5(1)b approved Planning Commission Minutes -2e- July 11, 1977 Related lsr,ues: - 8. Existing hoadways ® delay any approval b: Traffic on Duck Lake Trail and Traffic of any additional is dense enough now, density. building until this either towards Hwy 101 or issue is resolved E.P.hd/Hwy 4.. by building Valley View Road. This could De done by denial of honing request or denial of building permits unichever is enforce- able. "9'. Proposed Extension 9: Do tint approve 9: Temporary solutions are of ValleyView Rd. anyicm5inry solution too expensive to expect from Ridden Ponds such as black-topping short term follow-up with to ::.P.hd.,nnd 72nd strect,using the permanent road construction. to "AY 101. railroad crossing on Rail road crussings,even - ouc1. lobe Read nmt improved ones are too dan- connect via temporary gerous. As always, do it road bed towards right the first time. ,lidne❑ Ponds. . Although more expensive it's cheaper in the long DO approve/support run. euildine toe pero.,...::,t Valley View Road. including RR-underpass, even if construction is delayed a year or so. 10. dell Road as a 10: ito not• approve/sup- 10: High speed traffic as major north-soot" port the i-.e of dell i<d it exists now on Hwy 101 artery ,potential to relieve RAY 1(11. is not compatible with a reliever ter Hay instead advocate im- residential area:it's too 1(11. provcment of Huy 101. dangerous and too noisy. Support present plans in eliminate the two Restrict access from.101 ,0 degree carves of I01 onto Dell Rd limiting it at toe earner ofto local traffic only. Eden ,rairie. Support overall improve- ment plans for 11wy101 to keep high speed and high volume traffic Lucre. approved Planning Commission Minutes -3- July 11, 1977 Redpath informed the audience that the road systems of Dell Road and Valley View have been depicted on the City's Guide Plan map since 1968. • Bill Karl, 7286 Tartan Curve, felt the natural environment is being destroyed by the road extensions and small single family lots . Bob Cole,7160 Park View Lane, asked where Dell Road would go beyond • Valley View Road. The planner replied it is planned to connect with T.H. 101 or T.H. 5. Jerry Catt, 18600 Duck Lake Trail, expressed concern about the density that may occur if the Edengate project is constructed along with numerous single family lots. The planner responded that a large amount of develop- able land still exists in the northwest corner of the City and this pro- ject is compatible with existing single family. He also stated that • the Judge's decision on the Ldengate project is that the City should review the application of March, 1976 if -resubmitted. Frank Marquette, 18340 Ginavale Lane, stated all lots were .5 acre when he bought his home and he believes smaller lots than .5 acres are undesirable. He stated the City should not accept variances from the ordinance. Marilyn Catt asked what would be done with the petition submitted. Chairman Suedstrom stated the Comui>.,,ion would review the petition, forwt+rd it to the City Council and file it at the City Hall. Bob Maxwell, 7269 Tartan Curve, asked if the commercial site is zoned. The planner replied the site is presently zoned Rural. • • Mrs. Irvine informed the Commission the Parks, Recreation and Natural Resources Commission reviewed the project and has recommended $270/lot cash in lieu of land. Mr. Romoss, 7138 Ticonderoga Trail, stated there are no shortages of lots for single family construction in the northwest corner of the City and the traffic that additional lots will bring will be detrimental. Motion 1 : Bearman moved, Retterath seconded, to close the public hearing on the Maple Leaf Acres Third Addition. Motion carried unanimously. Motion 2_ Bearman moved, Retterath seconded, to recommend PUD Concept approval of the Maple Leaf Acres Third Addition for single family residential leaving aside that area shown commercial on the site plan dated 7-6-77 to be reviewed at a later date. Motion carried unanimously. Notionn3[_ Bearman moved, Retterath seconded, to recommend rezoning of the Maple Leaf Acres Third Addition from Rural to R1-13.5 with no variances from Ordinance 135 including lot size variances. • • r • • ': approved Planning Commission Minutes -4- July 11, 1977 Discussion: Redpath inquired if no variances was to become a policy. • Bearman responded that 32% variance is too much.' ketterath asked if the mover intended to exclude commercial zoning. Bearman replied affirmative. Sundstrom stated he agreed with the intent of the motion but feels - it goes to the extreme. • lynch stai.ed he felt it was a poor time to surprise the developer. • Bearman felt the Commission in the past has voiced•concern on variances. Vote on Motion 3: Motion failed with 1 aye(Bearman) and 4 nays. Mot i on 4: Redpath moved, Lynch seconded, to recommend rezoning from Rural to R1-13.5 for Maple Leaf Acres Third Addition based on the 7-6-77 plan excluding the commercial request. Motion carried 4 : 1 with .. . Bearnian voting nay because of the 32% of lots being under 13.5. • Motion 5: ittrdpat"ll moved, Retterath seconded, to recommend approval of the Maple Leaf Acres Third Addition preliminary plat based on the 7/6/77 plan, as per the staff report dated June 9, 1977,with lot size variances only , having the specific commercial use to be returned for review. Motion was defeated 2 ayes and 3 nays ( Bearman, Sundstrom and Retterath). • • Si3l • • • • approved j = Planning Commission Minutes -4- June 13, 1977 • D. Maple Leaf Acres Third Addition, by Jarip Corporation, request to rezone from Rural to R1-13.5 for approximately 62 acres and from Rural to Community Commercial for approximately 1.3 acres; and preliminary plat approval for 146 lots. Thep)anner outlined the project's location, surrounding uses and the two major road .systems: Dell Road and Valley View Road. Mr. Irvine introduced himself as Secretary of Jarip Corporation and Mrs. Irvine 1 as President, stating they are the sole owners Of Jarip Corporation. He then introduced Mr. Griswold, Landscape Architect, Griswold & Associates, project designer. Mr. Griswold reviewed the proposal outlining the stands of trees,surrounding single family uses average lot size of 13,789, new alignment of Duck Lake Trail to intersect with Dell Road's extension and the convenience commercial next to Hidde Ponds open space. Mr. Karl, 7286 Tartan. Curve, did not feel the neighborhood needs a cor•me_cial center because Chanhassen is oily 1 mile away. He believed it would detract from the single family character of the area. Mr. Griswold stated the center would provide walk-in convenience on one of the last remaining sites in the Northwest corner of the City. The planner informed the Commission the staff has prepared a report on the zoning and platting request, but would like more time to formulate a report on the commercial request. Bob Maxwell, 7269 Tartan Curve, did not feel the north/south road is needed as TH 101 carries the north/south traffic. He believed the lot sizes were too • small and the commercial area, if approved, should be moved into the Maple Leaf Acres property and not adjacent to Hidden Ponds. Mr. McKillip, 7103 Tartan Curve, inquired what percentage of traffic would use Dell Road instead of TH 101. The planner estimated the majority of traffic would use Dell Road if it is constructed. Jerry Catt, 18600 Duck Lake Trail, objected to Dell Road being placed through a single family area and believed it would be a waste of tax money since TH 101 is oily 1/2 mile away . • Mr. Romoss, 7138 Ticonderoga Trail, asked if the development would have storm water. Mr. Griswold responded there would be surface drainage. Mr. Glisczinski, 7152 Ticonderoga Trail, felt the City should adhere to the li 13,500 square foot lot size requirement in Ord. 135 and not grant variances. • J r�; • • .approved • Planning Commission Minutes -S- June 13, 1977 Mr. McKillip expressed concern that the new-residents would not be governed by the same rules as Hidden Pond residents. • Mrs. Gli.sczinski, also expressed concern that no homeowner's association is being proposed. • Mr. Luchansky, 7143 Ticonderoga Trail, felt the proponent should have more than one development proposal. • • Jerry Catt inquired if the Edengate proposal would be back to the City and stated he believes Dell Road is inconsistent with the Purgatory Creek Study. The planner stated the City may again be reviewing the Edengate proposal. Mrs. Marilyn Catt asked if the Commission and staff consider the residents' input. ChairmanSundst.rcm replied the public hearing's purpose is to gain the input of residents and landowners. Mr. Irvin stated the flexibility of developing the property is limited beca,ise • of the road location:. Mrs. Irvine stated their original plan did include a park site but the city staff has recommended cash in lieu of land dedication and Dell Road's location limits an open space possibility. Mrs. Luchansky did not feel Dell Road is needed. The planner replied if there is no north/south parkway alot of traffic will be using Ticonderoga Trail which is a residential street. John Hamilton, 19070 Homestead Circle, asked if the Commission would be making recommendations on the two rezoning requests. Sundstrom replied the commission may decide to do so. • Lynch questioned the necessity of the additional lots above the 2 units / acre. The plainer felt the staff would like additional time to investigate solutions to the problems and questions raised this evening. Motion: Lynch moved, Retterath seconded, to continue the Maple Leaf Acres Third Addition . public nearing to the Commission's next meeting. Motion carried unanimously. • • To: Members of the Eden-Prairie Planning Commission • Subject: Proposed Maple Leaf Acres 3rd Addition Because of a previously planned family vacation we are unable to attend the July 11, 1977 Plann,ng Commission meeting. We were present at the June 13, 1977 meeting and urge you to consider the following points when you make your decision con- cerning the "Proposed Maple Leaf Acres 3rd Addition". 1. Density - The Village of Eden Prairie Ordinance No. 135 require R1-13.5 Districts to have a maximum density of 2 lots per acre. The proposal calls for 146 lots for 66 acres thus is a flagrant exception to the ordinance. 2. Lot size - The Village of Eden Prairie Ordinance No. 135 specifies the site area for dwelling to be 13,500. Over 50t of the lots in this proposal arc below this requirement. This appears to us to be the developer asking for a variance without due cause. 3. Variances - Lot Size - The Village of Eden Prairie Ordinance No. 135 gives several purposes and authori- zations for variance, but these variances deal with physical hardships due to shape, terrain, etc., and specifically states that cost shall not be the sole • reason for granting a variance. However, on this proposal the developer has several runs of many lots - all undersized with no valid reason for a variance. 4. Variances - Minimum Yards - Again Ordinance No. 135 defines minimum yards-It would seem improbable that many houses with double garages would fit on a 85 X 135 ft. lot. The planning commission will received • many requests for variances on these small lots as future home owners struggle to meet Eden Prairie re- quirements on these small lots. In our opinion 85 ft. • lots belong in a central city not Eden Prairie. 5. Location - We live at 7152 Ticonderoga Trail and have approximately 17,000 sq. ft. on our lot. This proposal would put many 1.1,47S sq. ft. lots behind us. We think this is a violation of the spaciousness of our area and results in a possible inconsistency between the value of our homes and the proposed homes. '1 1 • • Page 2 6. Parks - Open Area - This proposal does not have a • plan for open areas and-parks that would make it con- sistent with present Eden Prairie developments. 7. Traffic - The proposal would result in Ticonderoga • Trail between Duck Lake Trail and Valley View Road becoming a very busy traffic street) Until a suit- able bridge is constructed at the railroad tracks and Valley View Road. Ticonderoga Trail is a very windy street used by small children to play on. This pro- posal will create a dangerous situation. 8. Commercial - We question the need for a commercial development at Valley View Road and Dell Road, and are very much opposed to any commercial properties in our immediate neighborhood. We have stated our objections above, but we agree with the concept of R-1 13,500 zoning and the need for a comprehensive approach to the development of this area. We are sure that by working together a suitable. Ki zoning can be worked out. Sincerely, - ;914/ 4-k9"14161/144'-4 Tom Glisczinski Cheryl Glisczinski 7152 Ticonderoga Trail Eden Prairie • • S1 vJ • JUL 2 919'n Eden ?rairie„tinnesota July 1:377 1'o the Members of the - Eden Prairie City Council • attached is a copy of a pcti tion ulhich was previously sun- milted to the Men .'r•atrre h'lanniur Commission on July 11,1:)77. Most of the liners of tie petition also attended tat weetin.. It was 1 carnon there that toe :Tanning Commission recommended to tie City Council essentially what uad icon reouested by the developer,tne .farip Corporation. ilasis the outcobo or tawt meeting' our position remains uncl:wuKed. .tl tliuue:k sn..,e minor adjustments -wi 111 regard to lot size and onildinz density - had aces made ,t ,e proposal still fails short i..eetin;; the letter and intent of the law ,our own municipal Zn nilt:j orni nd n0L•. lie issues nave :mien identified , the laws alio good judgement ahhplicd.:hnhl our position clearly stated. foe overwneimine majority. 4t Lit rl•tildelht.i in L ie affectec areas sodport this ;position and it'ti Li on, hlle mandate ir, clear. 11'e .hrre ,ou to let your cunsti- t:,cnts'twt-;ue., prrrvrwil .nnd vote accord:n.;l•v. Eden Prairie,?linnesota June 1977 Position Paper and Petit ion. 'le, the residents of tine hidden ;ands , toe hidden Ponds 11 and the Duck Lake frail sections of Eden Prairie petition the Eden Prairie Planninz Commission, the Eden Prairie City Council and other appropriate snd concered bodies to vote and act in accordance to the wishes ex— ;:rea..ed below. ,ie loos to our elected and appointed officials to act in accordance wi th our wi.ines in true fashion of re,)resentative government of the pen pie,ny tue people nna for the people, -f 11 Al-4: 7/yzl /2"� -.Z, Z _<<. t.•(. t" ��/ � /,/ 1 `/. ' 4� • M ay.....a/ fC: . -tom Y'iL.�l.i.._,+—•�-„_2 'X .,L('. ' . .. ,7.ee<�,l _ . Y 1,) ,,uint I. Coc.l.L/ AtU shed: copy seen Pr•aii•ie /,uni nq t)rdin.rnce (\0 Ij.i) • ..:-. , / . . ' l',./-/c:'. ..,,4c-7/-/_e-'•-2-c-_-.‘",(' /l"( 7c-1 t..7 iZ'.I /,:Z...4e.- Z-7 . . , • '/,(n-L.;K..) (e'''.'le,„.C.••••:-.K.i/ Ye: C.) 10%,..4! & t e.,-, _...„./;,.... ':. e--1 C i • r., c...&I_ .A1,,,:_:71:-3_,..—...; ,.y.,..?...,..3 .cl, .,...,/itr_...,-.• 4...". / • ell,'-‘-•)7r.,//4-47t, //7••••:96 l'.„.,....e 2/.."..?......... J / l....) .4.' ...;,.r.„...._4_,_,..11 -,.•12 1-.. / / .2.(ci ._:_.. .. 2 _-7 / ... .-„,-, '7 4..,ci I 1 e c;...,;,,,,:,•; 'tii_ -- / , ' ,CC.--, .•-• •-1.- ' .- ' /i... l:j , L- ,.,--, ,,,„_, , ..•,. . ..... • -....;4),,,L,2) ,-1:44-.,d-- ';, ,/,..,_, , .i...)..., 1 4, ..IYA.IS..,..C.,5 7,O/ .2ie-il- Z• .r, ?'•.1 I Le Le:/,...‹... .,,,, If r'•;.-- it,:30 ,..rc:.--,-,:, i Vc----•--- \ 7--,,, ,-/ ,,( t.'`,•-•tr.'- r1• ',i.z----- 7/ 9/ 7/.6:w.)-:'4-.- . —•• , 4,7•',',•,' •..) . I.,:!z.:,/,--2 .' ',•-/ ' efe7.": 1-tl i',(4 ...‘/' (.,• : ,, _ . . . I ' , ' •' • -7 / ,_.,- - c.,r.,.•-:',,. ,.. , ,— ..,-:.,,L. ' 4.--- • -----I i•--'•-) / , , • ; i--•, ,.i.".:—!----.r\- /7 -- ..,-c c c• 71-,4:i- )? '-<---'4 ' ./ ' ,-. ---/. • 1,,.1,..-., /•AS ') Lit.c.-yu L'c,2.....rc---' -.1 la _ 2-S) / i . i• ,. o - ‘1- .-vi • , . ,,Lti... ,‘._.‘,,....7,...--7L, id 24 S /i:1.1"i.s.,:i (,61..i..: t'eL... ' • ',-,1.- ,:'si).-.0...t 1,,'''''—' , _} e L c (:(,., i,:„ t. / 11P ic- \/-t.f.4. c., , c. . , j- __ 7/307— )" t,/:} t)L,e(.1. L'A-( - i16f?lc-: 2/-c--e-- •"-- '-'..-----' 0 .y..../_ .,,:(c„......„ . -,-,/,, \--%:.-.,.._,,,, ii.,,,,._,-.,.,. _)("•"---1 7/3 0 1-)4r eii, ed,w,-- jli /772,(:,/7`e,( -V,,,t. / vr V4/47 ,... ,..., (7, r,, -,/, 7 ... . / . '/t ale'`,.fre: /�'. U• J (3 7'C /2,:4 •<�'L',- -`--✓:. ! / /'?.1//e,V•'.�G4;j.'.'( / /'1 C'/ (<L S.4.'6- `<. -<-' `1��..w;�Z,�� w� C,.,ci D �1��•---�C�* <-_.. e. DAL.,,,,,__,) c� `��95u o��•.ci'e.t��•-�.ce. ff U livf � ��; /., e, 6,13vicea,��QU/J r-paQ,.., 0 .6-y,,,,01 / 3 Y/ }� •C-�-. K)<1.-,--c7r- -4-L-V,iz---' )7 6 ff 7 IU lo.. `c?,�,: j u'C.ar h<<h c ca cz n mil/ —C' .f,' '7 7t tS'? /i c orl, c J.c T-'il / ,2 t"'!C<' 4�G r ri,//�'-7'3 7//c4 1/.:!'. , f / (G• (_' — 'j ; . Gvi?ZCZ- %X3c5' i/...,f Ctef,+� , l/ t. r :. , , / V� 1r*C_ — 11 10 a -'C'� e \u. `� `t\\C•,L — \-1 i 0 3 :\..(-...-+: z.... . :. C,Le-x 7/l /-fit. ...,(6.. /irz7 '6 �/ i /��/ �/sccf � 4,c C 1 / ( Y7—t/ .1 /CCtti 4"z C `%/ I I /g �L C t-LC c:J v ,, 7S l ti.LL7 t );,i /r: n . 0, : .(. \\.c,(y,,,,:t c j„,....„. ,,f-,,,7.cz,rap..2.- UU . ircz. y!' 729E —714'•It c--"c Gs.Yf t -7) 7fr?.r,' ec,,,,, , t: •f.. aaition. our Position/ Justification: desired Atoning' Goat uSslun vote: 1.,'tanned i nit iievelo,,aent 1,2 ,Y 3: 1°iii provisions should not rnacept a,lproval• be used to negate other provisions of the zoning -.,'lanced lnit. ,:eve.lop:r.•ttt ordinnpoes. .',Wale approval. The entire ,ro•lect proposal should 1,2 :r 3. be reworked to conform to the pro- a.. re1l.1111ary plat de•lov taoroval visions and intend of 1:1-13.3 a;,provai. zonint,to include open space pro- vis ions.and .sake taut area cola- patiule in cnaracter with that of the adjacent areas of hidden Bonds and hidden Ponds 11. l seanni i from .gtral 4: ;'resent plan does not aaet the to 1.(-13.3. }; .>o not .hn•:rave provisions of our zoning ordi- �W nonce. ;)resent plan. e.g.:30b o1 the lots are helot. „equire total the required r„inimum size; density cti ali,hnce site of hoses exeeds . houses per acre. .'oniihq provisions, rho 'wholesale zrantin of vari- then zone the area ances violates ate provisions of toe ordinaucd dealing with tae subject of granting variances. ;to saccific justitica time are • given,demonstrating unavoidaule reasons - as required by ordinance. .teplatlin•, tine entire area inter- spersed with open .s,.ice,i..e. ;larks and retention ponds will bring it in line with lot size and density Toning provisions. 5•.•t•zn:ling Ii).t .oral 3: None of the present residents to U1Coc ,erci.tl. 5: oehhv that re•,uest want or need a ehoppiag area rezone it 1.2-13.3. there. ::specially upon coo,- plot ion of Valley View .to:tu exi Sti nht •sittlppine: establish- ments are plenty close. Vur•thermore,propose(I site dues not m,•et minimum lot size requirement. fi.C:rt.urce.� (I: .\ot to be ;ranted (1: hued wholesale •),ruutint of variances would be in vie- lation of the provisions and intent of the ordinances. Granting them would not serve tee 1 public(=people already there) need. • ' is ��,c ; L 'L ur. •U''Le ,Ciit.S,old nditiun - cutinued i ,,co space/Park 7: deduire that noon 7: A nci;l.bornood open space • „euali'vr.'C>tt space i, set astde snoulu ue in the neignbor- witi:l:l toe are:.i, boon,not somewhere far off. not soa:eduerc else when reulattiuh ,set up v;reen or at the ed:e of the w.ivs.use nutr4;inal or un- cntiie ucvelop,uent ouiloable lots. Use toe • • currently proposed S amount to be dedicated for parks I (- 75.- X 1•I6 =S4O,15u), j • roughly the cost of 5 lots and actually set aside inat much land within the area. Related I�::ues: d, ,Sxi:,ti'nt ,00wn.lv.4 8: delay any .u>,u'oval 8: frallic oa !,uci. La,.e Trail and ir.iI fie of any ar,.litional is dense enou;n now, density• buildin' until this either Lowarus nwy 101 or • issue is resolvcu, ..t',:wi/;nsy 4. by builoiny Valley View ;;pad. This could or, done 'ay ueui:.L of t.onini; request or .:Coral of buticiuq prnuit., iI wuicaevcr Is enforce- ante. I� 8, .'ri,po,ed ;.xt.00.siun ti: sins -it ,i,),rnv'o 9: l'emporary solutions are of Valley ir^w i;.:. ar>Yte,::,,,ir:iry solatioh too expensive to expect t:i. I"•,i rums,, .such a.-: :>l:.c..-tarr,in¢ short term fallow-up wits to ..,.. .k,I.,an.1 72au Circe t,usinct toe permanent road cone Lructiurt. :o r'.f 1:>I. r-ti lrnad cro.,..ins on sail road ctossinrs,even Jock I ,I.e ..ua.l and improved ones are too .Ian- connect via temporary :serous, ws always, do it road Ied toc.tril•, rihtt the first time. ,iinae:> :'nods. .iltiloudi +,'ore expensive it cheaper in Inc lone; i)U •i ppr(V'/nao..nrl buuiluiu•' toe per,.,......,i run. Valley View ;fond• including' Idl-underpass, even if co,_.lrv>ction is delhycd a year or .so. 10. Dell Road as a 10: ;),1 not , ,n•ovr/ :nu- 10: nigh .,peed traffic as r,i,)or nnrt1,-::uolu port tn., ;i-.e ul hell i.d it exists now on 'lay 101 artery •_,otential lu relieve dn' 101, is not compatible with a i reliever for day Instead advocate i:o- residential area:it's tun 1111. pruveoent u:' dwy 1 ,1. dau1cr^.us and too noisy. support. ,,rc.•,rnt• pLi is to eliminate the two Restrict access from 101 U onto dell kd limiting it der,ree curves of ha et t.ir ,, rnrnt�i, u1' to local traffic only. ;.don ,'r:.iric. :support overall improve- ment pions for uwyltrl to keep uiirh „peed and nick volume traffic tnete. C City of Eden Prairie Public Works Department Engineering Division • CHECKLIST FOR REVIEWING PROPOSED LAND DEVELOPMENTS Date - L.D. 4 77-05,A-7.0, P-18 f 1. DEVELOPMENT NAME Maple Leaf Acres Third Addition LOCATION North of Hidden Pon's 27d, :4esc of ;.i.dRen Ponds lsr, east and ::ouch c' Male leaf Acres 2nd 2. DEVELOPER Jarip Corp. 3. ENGINEER/ARCH IrLLT/PLANNF}tUedlund rngineer ing/Gr i swold & AK5,ociates '. i 4. DOCUMENTS SUBMITTED FOR REVIEW Preliminary development plans dated 6/7/77, Preliminary Development Proposal 5. PROCESSING SCIIED"JLE: • Application received Watershed 6/13/77 Planning Commission Human Rights Park & Recreation City Council 6. PROPOSAL 6.1 ) gi PM Approval I v 1 Rezoning 6.2 En Preliminary Plat 6.3 Present Zoning Rural 6.4 Proposed Zoning R1-13.5 and C-Commercial 6.5 Previous POD 9 None 6.6 Previous Rezoning Agreement 4 None 5105G `9 • 2 - 6.7 Single Family detached-lots: 18 less than 13,500 sq. ft. Density 123 13,500 sq. ft. or more Density 2.16 u/ac - 22,000 sq. ft; or more Density 141 Total SFD lots Multiple Dwelling Units: RM 6.5 Acres Density RM 2.5 Acres Density Total Mult. Units 6.8 .x Owner occupied Rentals 6.9 Homeowners Association proposed No 6.10 Other uses proposed Commercial (1.3 acres) 6.11 Requesting City to provide streets and utilities Street and utilities along Iotus View Drive will involve assessments to other property owners 6.12 Consistent with City's Comprehensive Land Use map Yes, except commercial use is not indicated for this area 7. PROPOSED OPEN SPACE, TRAILS AND PARK DEDICATION 7.1 Parcels to be undeveloped as open space None proposed 7.2 Trails (Location, surface type,, ownership) Refer to 6/9/77 Planning staff report 510SH - 3 - C7.3 School/Park sites None 7.4 Park dedication fee Required per Ord. #332 8. PROPOSED STREET SYSTEM • 8.1 Check City's Comprehensive Street Plan O.K. 8.2 Access to adjoining properties O.K. Parcel 521d-can take access from Duck Lake Trail 8.3 Street R/W and pavements widths Dell Road R/W could be reduced to 80' with a 32' -7 ton, ult. 9 ton design as Stage I Valley View Road R/W should be 80'. 8.4 Private streets None proposed 8.5 Street grades, sight distances at vertical curves, concrete curb and gutter 7.5% max. street grade allowed. Sight distances Look U.K. Concrete curb & gutter recommended throughout. 8.6 Street names To be determined prior to final platting. Dell Road, Valley View Rd. & Tartan Curve O.K. 8.7 Parking (Ord. #141) N/A • _ 8.8 Traffic volume impact on existing streets Refer to 6/9/77 Planning Staff Report. City staff should examine feasibility of connecting Valley View Rd. to Co. Rd. 4. 5105i 4 8.9 Frontages on collector streets None proposed 8rl0 Other comments Check possible re-design of most northerly cul-de-sac for better lot arrangement 9. GRADING AND UTILITIES • 9.1 Range of cut and fill 12' cut south cf Lotus View Dr. near Tartan Curve. 14' fill west of Dell Rd. at Duck Lake Trail 9.2 Ligniticant land features to be preserved None 9.3 Drainage ponds a drainage pond may be regrired by the watershed district at Del3`Ril.&&Uuc(c^Lame Trail. Further review isnecessary 9.4 Flood plain encroachment None 9.5 Development plan showing proposed grading, storm sewer, sanitary sewer, watermain, minimum floor elevations, pond levels and represent:ative soil borings. Some revieion are revived on the preliminary utility plan: but these s!ould not affect the proposed street and lot arrangement. 9.6 Skimming and grit control for commercial parking lots N/A 5105J - 5 - ar 9.7 Sewer and water service to adjoining properties Sanitary sewer to extend to south end of Dell Road. Looping of watermain on northerly cul-de-sac required. Storm sewer • outlit for drainage on Dell Road required. 9.8 Sewage lift stations required None required. 9.9 Landscaping, buffering and lighting plans N/A 9.10 Natural gas, underground telephone & electric Required 9.11 Other comments Prior to final platting,minimum floor elevation crust be established for each lot. Drain tile should be provided for those lots over the marshy area near T.H. 101. 1 10. VARIANCES REQUESTED Developer to submit specific list of variances requested prior to preliminary plat approval • 33. OTHER AGENCY REVIEW AND APPROVAL REQUIRED BEFORE FINAL CITY APPROVAL X Watershed District DNR Minn. E(y X Minn. DOT Henn. Co. Metro Council Adjoining Community 12. SPECIAL ASSESSMENTS LEVIED AND PENDING Sec. 7 (4000): Trunks #5627, $15,210, Laterals #G447, $20,264;(7210);Trunks #5627, $44,382, Laterals #5623, $7,404; Sec. 6 (4225) Trunks #5627, $15,613 5105K • A • • • MEMORANDUM TO: Mayor and City Council THGU: Roger Dlstad, City Manager fF FROM: Marty Jcssen, Director of Community Servicest ,n , • SUBJECT: CASH PAR{: FEE: Fee Application, Prioritories for Expenditures, Etc. DATE: July 29, 1977 Attached is a memo dated July 15, 1977 which the Parks, Recreation and Fetural Resources Coa ission discussed at their meeting on Monday, July JE. Also attached is a copy of the unapprcvcd minutes from that meeting in regard to this item. William Carets from the Parks and R,.•c:restio:i Co:aeissiicn will be present on Tuesday night to discuss this with yen. • • • • J I / • • • FIRST DRAFT • • MEMORANDUM TD: Parks, Recreation and Natural Resources Conunission FRDM: Marty Jessen, Director of Conanunity Services/(. • SUBJECT: CASH PARK FEE POLICIES: FEE APPLICATION, PRIDRITIES FOR • EXPENDITURES, ETC. • • • • DATE: July 15, 1977 In en ait.emht to resolve conflicts and misunderstanding concerning the CASH PARK FEE, the tel policies are suggested: 1. The classification system for the City Parks identifies various levels of park service (a.:o exhibit A). 1he CASH PARK YEE revenues are intended to be user) for those facilities at the N'LIGH!3Oi;HOOD PtAYGRUUHD level. 2. The Neighborhood Facilities Study of 1574 (see exhibit B) identifies park sites of eel:Hborhood signiiicunce. These sites shall be the basis for identiiic:aiion of expenditure items from CASH PARK I-EL revenues. • 3. Urdu '-'e t''332 the "park dedtcat.:oe ordinance" gives the City the right to levy , roquir nc rnr parhlaed dedic.ttion or cast: in lion uf land. The right to dateim'ios which shall be required - land or cash - rests with the City so as to insure the orderly completion of the City's Park: • System_ 4. When reviewing develoncont: proposals the City shall insure that all neighborhood playground sites identified for ir;clusion in the Park System will be acquired utilizing Ord. ;; 332. The City will credit the developer for land dedication only when the area to be dedicated is specifically identified as a neighborhood park site in the Park System Plan. In all other eases the City will require payment of the CASH PARK EEL. • 5. The proceeds (reveners) from the CASH PARK FEE shall be expended based on the following priorities: a. Acquire neighborhood park sites in service area. • b. Acquire :neighborhood pork sites in other service areas. • • c. Develop neighborhood park site in service area. • d. Acquire and/or develop cmrmunity park areas and facilities. • • • • �!�� 1 CASH PARK FEE POLICIES -2- • 6. The City also requires the development of trails along collector • roadways for safe biking and hiking. These will be put in by the developer at his sole expense - one side of the street only (to be selected by the City). 7. The City may also require the setting aside of open space for other than neighborhood playgrounds. -This shall be done by: purchase (using other than CASH PARK FEE revenues) density trade-off, or based • on regulatory authority granted under the Floodplain Ordinance (No.276 or other appropriate ordinance and/or siatute. 8. Mini--parkland and development should be required only in "multiple zoned" areas and then at sole expense of developer. • • • • } Si 04) • Minutes - Parks, Roc. and Unapproved Natural Resources Commission - 6 - Monday, July 18, 1977 • Upton and Garen: expressed agreement with that concern and recommended more supervision at . a ratio • of one adult to eight or ten children be considered for next year. MOTION: Retterath moved to receive and file the Memo of July 15, 1977 received from Sandy :derts, Recreation Supervisor on the Summer Registra- tion Recap. Fifield seconded, motion carried unanimously. Jessen commented that the change discussed in increased leadership will be reflected in the budget for next year. 3. /977-78 Park. Development Program • Previously considered. (See pg. 2) . VI. OLD BlPSIlTSS A. Fnr): Dedi.cnticn Retirements - CAS?) PARK FEE Jessen spoke to the charge by the Council to the Commission to develop a general policy in this matter to help the Council and Commission reach an understanding as to the use of she CASH PARK P•.rt. Garens c;:pressed opposition to no. 5 of Memo provided outlining some cash park foe policies. He felt that money generated in one area should not be used in another unless on a loan basis and that park be developed before using the fee to acquire another site. Jessen responded that the basis of the cash park fee is to acquire the land for neighborhood park facilities, and added that some areas will generate much revenue and some not as much, and that some areas have paid for park facilities but have not received them.(through park bond of 1968) Yruell spoke to view of developers, and possible opposition to use of this fee in another area of the City, referring specifically to the Bluff proposal and Prairie Fast development. Jessen explained that the developer is aware of this, hut has agreed to the idea. • Jessen responded to question by Kruell on preparation of a larger scale map, which Jessen said was being developed pronently on Community Parks and Trail System to be used as a guide. Garens requested delineation by specific boundaries to help identify exact location of sites and service area. Jessen answered questions posed by Kruell on today's description of a • bikeway/hikcuay, referring to the Task Force Study on that issue pre- pared recently, indicating bikeway/hikeway requirements and recommenda- tions. Gnrens re-stated his concern with no. 5 of the report, and spoke to the people wanting to use their facilities once acquired. July 12, 1977 Roger Ulstad, 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 Edenvale 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 P526, which states in item 113 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 irdicaLes, 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. Very truly yours, John I. Komula • .,1111 VILLAGE OF EDEN PRAIRIE • ;. HENNEPIN COUNTY, MINNESOTA ;t 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: t re: The final plat of The Greens Addition located in that part • ' of the Northeast Quarter of the Southeast Quarter of Section 4, Township 176, Range 22, Hennepin County is found to be in conformance with the provision:, of tden Prairie Ordinance Na. 93 (Subdivision Ordinance) and pall amendments thereto, and is therefore approved. 31 ADOPTED by the Village Council of the Village of Eden Prairie 5 { this 13th day of June, 1972. Al r/4tec-/ ;,. Paul R. Redpath, Mayo& ATTEST: (; <..Cli717 •VII:P7r r•Z!1t1 SEAL Edna M. Holmgren, (Jerk , it ••- r P. .-..n r- - '1 1: ; 'j ! • .ail Meeting 1! 1 13, 1972 e Four ' . The Greens Addition. Edenvale. Final Plat. Resolution No. 526. ., Manager reviewed the Final Plat for The Greens Addition and recommended. . at it be approved on the basis of the following corrmittmcnts dated June 14th . . ,,r Edcn Land Corp.: . ;, A•storm sewer will be constructed between Lots 5 and 6 from Canterbury Lane to the west side of the subdivision. i' 2. The home location on Lot 6 will be restricted so that it will be no ; closer than 25 feet from thesouth property lire. I y ..) The ho,aes on Lots 3, 4, 5 end 6 will be restricted to no more than one-story to be constructed above street grade. 1 4, A 10 foot access easement will be given to the owner of Lot 2 over the easterly 75 feet of Lot 1 for access to Lot 2 which will allow for construction of a common driveway. 5. the city will be granted the option of constructing a bituminous surfaced pedestrian path upon the 20 foot utility easement between R Lot 4 and 5 in the event the golf course becomes publicly owned and • 13 ! such pedestrian path is needed by the Village. notion was made by Mrs. Meyers to adopt Resolution No. 526 approving the final Plat f<.r Ihe .greens Addition with the above committments. Mr. McCulloch f ended. M. . carried..ed. . • i' :DANCES . i Investment. Authorization. Resolution No. 522. 11 r 522 authorizing '? motion was made by Mr. Nesbitt adopting Resolution No.me Treasurer to invest Village funds in the First Edina National Bank of j, • :dine. Mr. Cosmano seconded. All voted aye. Motion carried. • . Paving A^.ent & Cremation Authnrieration. April, 1972 bond Sale. Resolution No. 521. A. potion was made by Mr. Nesbitt to adopt Resolution No. 521 authorizing I the Northwastern•National Man!; of 1-linneapol is as Paying Agent and cremation of bonds and coupons for the April, 1972 bond sale. Mrs. Meyers seconded. All voted aye. Motion carried. C. Cash & Investment_Rcport Dated June 11, 1972. • A motion was made by Mr. Nesbitt to accept the Cash & Investment Report • 3 k dated June 13th for study. Mr. Cosmano seconded. Motion carried. D. Audit of Claims 10'12b t:nrounh 1047t1. . 1 • motion was made by Mrs. Meyers to approve payment of vouchers 10324 through ,047II. Mr. Nesbitt seconded. On roll call, all voted aye. Motion carried. . . •` 1 !• --r . ' . P 61, Vgr-rt, ID t 6N 5R-rIrc.ri C.. 1 a i .._• fl___ El I. 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Ft. ...,.,;. : Picturesque and practical too. As bring M mind the thought of spa-, the outdo, o.oareas:Standing, '. you step into the large, formal ciousness. As yOu turn to the right • in the kitchei.:Ai heartily approve •-., front entry you arc immediately past the powder oom,you'll notice of the dinitif7-.Aachen, breakfast . - I . t aware of the efficient and orderly the front family own!A preferred room, laund6'srelationship,Then. / t traffic patterns. the first glimpNe .location for the who don't want ' of course,there's the fine four bed- - '• t• t you get of the end living room will their fainily rooqn to function with ...!,'room.twolilth second floor. .. ._ ... 1. - ',- -,ti HY .'.., . • . Ils , 4, \ . i f f CERTIFICATE OF SURVEY FOR: JOHN I. 81 LINDA M. KOMULA DESCRIPTION: LOT 3, BLOCK I, THE GREENS, CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA L_ OT ' ___. , . . I WALKWAY EASEMENT ,‘ • s! ti 6°I,•2 .. 9 • 959.8 . 124.00 B M STRATFORD 0 o SAN. MH. 5.2 N hh�. a NdINV.EL. 939.85 s '. ```�N� 3 3 .-,....... ROAD GARAGE Id IL/ N :FL. 56.: N La 9,2 _ 5 , .33...... Z _ V. - �y�• r -I PROP W HOUSE ro S.ocroj a) tROR I. tr P�a4 '• 1- / e - ti z W .` H -. M O &` 38 z .j 9a°4 `yS U 0 I 10 413' S 86° 15'26"E - 9607 dal I25.00 I 9� I SCALE: I"=30' UTILITY a DRAINAGE EASEMENT c INDICATES PROPOSED i LOT4ELEVATION p DENOTES IRON MONUMENT F— INDICATES DRAINAGE • DIRECTION I HEREBY CERTIFY THAT THIS IS A TRUE_AND COR*ECT 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 /tS' DAY OFOF , _z1.;; i 197/. ' BY . 4 � (- -- l- C/� -1—s.. II iI/i ARVID T. IJODIINI, MINNESOTA NEG. NO, 9396 1o;er U15tad, City nennger Eden pr:ire 'Ja ,3en the plans on.', survey of to .t:,ry home that };r. end Mrs. John Kos.aloe woad like to build on Lot 0, the Greens Addition. J.lthou16h Resolution 626 restricts th.: size of the house which cln be constructed on that lot, we do not oppcee the construction o' the Kouula's house ;s shown oil thot • plans •end surv,,/. BY W.)71 AdRr.n,;s �2_ � r��v �3;.,2y L•J 7/z</i7 • • • • • �`� • 3.)j,er Ulstad, City Manager Eden Pr,irie ;.: hcie ::hen the plans an,: nurvay of th; tve story hoc the t Mr. and Mrs. John iiou'sl•. .,uld like to build on Lot /P;, the Greens Addition. Alth-i,h Resolution 626 red:tricts the size of the house which e•n be constructed on th,t lot, we do not oppcse the con;t:uctien of the Kos:u1::'s house as shown oh tL-6.:• p1:,nj and surv..J. ti By 7>z,2, .v f�Ivu . yV� Address / ��/05fJ1l��.�d-��•-/ er. • 1 EDENVALE,INC. 7766 Mitchell Road•Eden Prairie,Minn. 55343•612/941-5300 July 28, 1977 Mr. Roger Uistad City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Mr. Uls tad; This letter is to inform you that we feel that the home proposed by John Komula for construction on Lot 3, Block 1, The Greens Addition in Edenvale is in our opinion desireable and will be a definite asset to the neighborhood. The proposed plan for 1811 square feet with 288 square feet future addition with brick trim is most certainly in keeping with the quality of the surrounding homes in the area and the roof line will be lower than the roof hoe of the homes across the street. We therefore apprcve of the construction of this home and recommend that the City issue a building permit for the house and that the house be allowed to site low on the lot similar to several other homes on Canterbury Lane. Yours truly, onald R. Peterson DRP/sr • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 77-100 RESOLUTION SETTING K BOND SALE FOR SEPTEMBER 20, 1977 at 6:30 P.M. BE IT RESOLVED by the Edcn Prairie City Council: That the City will sell $998,000 of Fire Bonds authorized by referendum, $200,000 of Equipment Certificate and $1,400,000 of General Obligation Water and Sewer Bonds. ADOPTED by the Eden Prairie City Council on the day of 1977. _ I Wolfgang Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk !I, • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.77-`7 A RESOLUTION ADOPTING A MANUAL OF POLICY AND REGULATIONS FOR THE DEPARTMENT OF PUBLIC SAFETY. WHEREAS, The Department of Public Safety has prepared and been operating under a manual, policy and regulations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, that said manual of policy and regulations dated July 19, 1977 is hereby adopted and made a part of the rules and regulations for employees of the City of Eden Prairie. BE IT FURTHER RESOLVED, that a copy of said manual or policy and regulations shall be kept oh file with the Clerk of said City. ADOPTED by the City of Eden Prairie this day of 1977. W gang Fenzel, Mayor ATTEST: John D. Frane, City Clerk r whp/jh 7/29/77 The Bluffs CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 11-20 • AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Jt Section 1. Appendix A of Ordinance No. 135 is amended by adding to Section , Township 116, Range 22 as follows: See attached Exhibit A, which property shall be and hereby is removed from Rural zone and shall be included hereafter in the RM 13.5 zone. Section 7. The above described property shall be subject to the terms and condiri„us of that certain Rezoning .breement dated , 1977 entered into between Hustad Development Corporation 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 RM 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 and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1977. Wolfgang Penzel, Mayor ATTEST: John D. Franc, City Clerk Published in the Eden Prairie News on the day of , 1977. whp/jh 7/14/77 REZONING AGREEMENT THIS AGREEMENT, made and executed in triplicate this day'of , 1977 by and between IIUSTAD 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 f.om Rural to RM 13.5 for an area known as Bluffs West consisting of approxim2t.:l_y 206 acres which is legally described as more fully cot out on E;hihit 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 arca to liii 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 develop the aforementioned Bluffs West as a RN 13.5 area in consideration of the City's changing of the zoning to Ri•! 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. • • 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 tp 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 crcept 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-more than 15 percent of the lots may be less than 13,500 square feet. b. That the lot width may be less than 90 feet. r. Minimum side yard set backs shall be: 5' - garage 10' - 1 to 1'_ story living area 15' - 2 story living area. • i 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 Grauer & Associates, Inc. and approved by the City in Resolution No. 1125 dated April 13, 1976. 4. That all lots tutting 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 time City Engineer shall be required before development of the above lots. -2- ,t.2 5010 • • 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 casement prohibiting development and improve- ment by the owners. • • 6. That no preliminary plat approval.is granted to the area identified as 13 lots on Creekwatch Drive and the most northerly eight lots of Area G as Shown on the site plan of Exhibit Il until municipal utilities and public street access from the cast can he provided. 7. That the area derignated on the preliminary plat as Outlets E and F shall. he 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. 6. 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 Ordivaucec. 1C, That all sanitary seer, wacermain and storm sewer • faciliti cs, concrete curb and ;;utter and'bituainous sur- facing whether to he public or, private, shall be designed to City Standards by a Registered Professional Civil. Engineer and submitted to the City Engineer 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 reproducablc 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 ACRES: - l.. 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 cnfore!-.till e against Owner, its successors and assigns, and upon all. subsequent owners, their respective heirs, successors and assign:; of the property herein described. • -3_ 1 1 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 pasties 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 Fence I, Its Mayor Roger Ulstad, Its manager lliJETAD DEVELOP;TNT CohpORATION, a Minnesota corporal inn BY: BY: STATE OF MINF eOTA) ) SS. COUNTY'OF NENNEPIN) The foregoing instrn:::.•nt was acknowledged before me this _ day of , 1.977 by Wolfgang; Penzei, the Mayor and by Roger ltlstad, the -4- • • 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 HENNEPLN) 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) 1 SS. COUNTY OF 11ENNEPI;;) The foregoing instrument was acknowledged befer:1 me this day of �, 1977 by the and _ the of on behalf of the corporation. Notary Public • • • -5- Ir ) %CO 7/27/77 WRH:cap • i OPTION AGREEMENT THIS AGREEMENT, Made and entered into as of this day of , 1977, by and between DEAN T. BROWN, Royal Oak, Michigan, ROBERT T. BROWN, Eden Prairie, Minnesota, JAMES C. BROWN, Eden Prairie, Minnesota and RICHARD J. BROWN, Birmingham, Michigan, parties of the first-part (hereinafter individually .called "Owner" and collectively called "Owners") and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, party of the second part hereinafter called "Eden Prairie"); WITNESSETH THAT: WHEREAS, Owners are the fee owners of the real property situate in the County of Hennepin and State of Minnesota, depicted on Exhibit A, being that section labeled "Public Acquisition" and outlined in red, attached hereto and made a part hereof, together with all hereditaments and appurtenances thereunto belonging or in any way appertaining (hereinafter called the "Subject Premises"); and WHEREAS, Eden Prairie intends to acquire the Subject Premises for park purposes and desires to obtain an option to purchase the Subject Premises; and WHEREAS, Owners are willing to grant such an option upon the terms and provisions hereinafter contained. NOW, THEREFORE, In consideration of the rezoning and platting by Eden Prairie of certain properties contiguous with the Subject Premises, and in further consideration of the mutual covenants herein contained, it is hereby agreed as follows: 1. Option. Owners hereby grant to Eden Prairie for the period beginning on the date hereof and ending at 11:59 o'clock P.M. July 31, 1979, the exclusive right and option to purchase all of the Subject Premises. 2. Exercise of Option. The option herein granted shall be deemed fully exercised if written notice of election to purchase the Subject Premises is delivered by Eden Prairie to Owners or to • any one of them on or before 11:59 o'clock P.M. July 31, 1979. Service of such notice shall be sufficient if timely deposited in the United States mail addressed to Owners or any one of them or delivered to Owners or any one of them, as hereinafter provided in paragraph 10. Unless the option herein granted is exercised on or before 11:59 o'clock P.M. July 31, 1979, all rights and • privileges hereunder shall expire forthwith thereafter. 3. Purchase Price. If this option is exercised and the purchase consummated as herein provided, the purchase price to be paid for the Subject Premises shall be an amount computed as (� follows: a) If this option is exercised before 11:59 o'clock P.M. July 31, 1978, the purchase price shall be an amount equal to the product of $10,000.00 times the number of acres of land in the Subject Premises; or b) If this option is exercised after 11:59 o'clock P.M. July 31, 1978, and before 11:59 o'clock P.M. July 31, 1979, the purchase price shall, be an amount equal to the product of $10,100.00 times the number of acres of land in the Subject Premises. The purchase price shall be paid by Eden Prairie to Owner in the following manner: a) Thirty (30%) percent of the purchase price in cash or by certified check on the date of closing; and b) The balance of the purchase price pursuant to a contract for deed to he entered into by the parties hereto on the date of closing, which principal sum, together with interest thereon from the date thereof at the rate of Seven (7%) percent per annum shall be paid as follows: (i) One-half: (1/2) of such unpaid principal balance, plus all accrued interest on a date.one year after the date of closing; and (ii) One-half (1/2) of such unpaid principal balance, plus all accrued interest on a date two years after the date of closing, at which time the entire principal in- debtedness evidenced by said contract for deed together with all accrued interest thereon shall be due and payable in full. 1 -2 ,� �� / The vendee under said contract for deed shall • have the right at any time to prepay in full the indebtedness evidenced thereby without premium or penalty. From and after January 1 of the calendar year following the calendar year in which the date of closing occurs, the vendee shall have the right to prepay in whole or in part and from time to time the indebtedness evidenced thereby without premium or penalty. Eden Prairie agrees that at- all times subsequent to the year of closing it will prepay the indebtedness evidenced thereby to the extent of any available funds which it has obtained for the purpose of acquiring the Subject Premises.• f 4. Date of Closing. For the purpose of this Option Agreement, the term "date of closing" shall be a date not earlier than ten (10) days, nor more than sixty (60) days after the date 1 1 of exercise of this option. The time and date of closing shall be determined by Eden Prairie and written notice thereof given to Owners or any one of them at least ten (10) days prior to said actual date of closing. The place of closing shall be the offices of Dorsey, Windhor3t, iiannaford, Whitney t Halladay, 2300 First National Bank building, Minneapolis, Minnesota. 5. Title Examination. As soon hereafter as reasonably possible, Owners shall furnish to Eden Prairie an Abstract of Title or Registered Property Abstract covering title to the Subject Premises, which Abstract or Registered Property Abstract shall • include appropriate searches against bankruptcy and State and Federal judgments and liens. Eden Prairie shall be allowed twenty (20) days after receipt thereof for examination of said title, making of any objections thereto, and notifying Owners or any one of them in writing of the nature of such objections. If any objections to title are not made and Owners or any one or them notified, all as herein.provided, such objections shall be deemed waived. If any objections to title of the Subject Premises are made and Owners or any one of them are notified, all as herein provided, Owners shall be allowed up to the date of closing to cure such objections. If any objections to title of the Subject Premises are made and Owners or any one of them are notified, all as herein provided, and if such objections arc not cured prior to the date of closing, Eden Prairie may at its option either (i) elect to declare .riJo • this Option Agreement null and void, in which event neither party hereto shall be further liable hereunder, and all option money paid hereunder shall be refunded to Owners or (ii) consummate the trans- action contemplated by this Option Agreement in the same manner as if there had been no title objections, in which event the transaction shall be consummated on the date of closing, and Owners shall there- after undertake to cure the title objections. When the objections have been cured, an appropriate adjustment shall be made between the parties hereto to the end that Owners shall be reimbursed the reasonable costs ien incurred in curing the title objections. 6. Possession. If this option is exercised and the purchase consummated as herein provided, Owners shall deliver possession of the Subject Premises to Eden Prairie on the date of closing. Eden Prairie and its representatives shall have the right from and after the date hereof to enter upon the Subject Premises for the purposes of examining and surveying the same and conducting such teets and investigations as it deems necessary. Eden Prairie hereby indemnifies Owners and each of them for any damages or costs or claims therefor arising nut of any injury, death or property damage, the basis of which is Eden Prairie's preserve on the Subject Premises. 7. Taxes and Assessments. In the event this option is • exercised and the purchase consummated as herein provided, the Owners shall pay all real estate taxes and installments of special assessments payable in 1977 and prior years. Eden Prairie shall be responsible for payment of all of the real estate taxes and installments of special assessments payable in 1978 and subsequent years, regardless of when this option is exercised or the trans- action closed. In the event any such taxes and installments of special assessments which are herein required to be paid by Eden Prairie become payable prior to the date of. closing. Owners shall pay the same prior to their becoming delinquent, and Eden Prairie shall reinturse Owners for such amounts, paid plus interest thereon at the rate of seven per cent (7%) per year from the date of payment by Owners t.o the date of reimbursement by Eden Prairie. s/3I B. Notices. Any notice or election herein required or permitted to be given or sexed by either party hereto upon the other shall be deemed given or served in accordance with the provisions of this Option Agreement if delivered personally to an officer of COwners and his receipt obtained therefor, or if delivered to the Mayor, Manager, Park Commissioner, Planner or Attorney of Eden Prairie and his receipt obtained therefor, or if mailed in a sealed wrapper by United States registered ox certified mail, postage prepaid, properly addressed as follows: • If to Dean T. Brown:" 4151 Amherst Road Royal Oak, Michigan 48072 If to Robert T. Brown: 11480 Riverview Road Eden Prairie, Minnesota 55343 If to James C. Brown: 11551 Riverview Road Eden Prairie, Minnesota 55343 If to Richard J. Brown: 30809 Lincolnshire West Birmingham, Michigan 48010 If to Edon Prairie: The City of Eden Prairie 7801 Mitchell Road Eden Prairie, Minnesota 55343 Attention: Any one of the above listed officials Each such mailed notice or communication shall be deemed to have been given to, or served upon, the party to which addressed on the date the same is deposited in the United States registered or certified mail, postage prepaid, properly addressed in the manner above provided. Each such delivered notice or communication shall be deemed to have been given to, or served upon, the party to whom delivered upon delivery thereof in the manner above provided. 9. Survey. As soon hereafter as reasonably possible, Owners shall obtain at Owners' expense, a boundary survey of the Subject Premises, the selection of the surveyor to be at the sole discretion of the Owners. Said survey shall be addressed to Owners and Eden Prairie, shall show the location of all improvements, easements, and encroachments, if any, and shall contain a certifi- cation as to the number of acres in the Subject Premises. Such certification of acreage shall be the basis for determining the purchase price, as provided in paragraph 3 hereof, and, except in the case of an error, shall be conclusive upon the parties hereto. . A 10. Description of Subject Premises. The description of the Subject Premises, as shown on Exhibit A attached hereto, does not describe the Subject Premises by legal description. The survey to be obtained by Owners shall, in addition to those matters set forth in paragraph 9, contain an accurate description of the .Subject Premises. The description of the Subject Premises, as prepared by the surveyor, shall be used in all closing documents involved in this transaction. 11. Insurance. Owners shall, at their sole cost and expense, continue until the date of closing to insure the Subject Premises against loss or damage in the same amounts and to the same extent as the Subject Premises are insured on the date hereof. In the event the Subject Premises are damaged or destroyed in whole or in part prior to the date of closing, this Option Agreement shall not be terminated. Jf Eden Prairie exercises its option to purchase, the transaction shall be closed as herein pro- vided, and all net proceeds of insurance paid or owing to Owners under any insurance policy for such damage or destruction shall belong to and be the property of Eden Prairie. 12. Survival.. If this option is exercised and the pur- chase consummated as herein provided, all of the terms, covenants and conditions of this Option Agreement shall survive and continue in full force and effect after the date of closing. 13. Assignment. This Agreement shall only be binding upon and inure to the benefit of the parties hereto, and in the case of Owners, their respective heirs, successors and assigns. This Option Agreement and the rights hereunder shall not be assign- able by Eden Prairie without the consent of Owners or any one of them, which consent may be withheld without cause. -6 .573,3 0�' IN WITNESS WHEREOF, The parties hereto have executed this instrument the day and year first above written. Robert T. Brown • Dean T. Brown Richard J. Brown James C. Brown THE CITY OF EDEN PRAIRIE ATTESTED BY: By: tfo gang R. Penzel Its bayoX John P. Frane Its City Clerk And: • Roger K. Ulstad Its City Manager STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS • The foregoing instrument was acknowledged before me this day of , 1977, by Robert T. Brown, of Eden Prairie, Minnesota. NOTARY PUBLIC STATE OF MINNESOTA) SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1977, by Dean T. Brown, of Royal OW, Michigan. NOTARY PUBLIC STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS The foregoing instrument was acknowledged before me this day of , 1977, by Richard J. Brown, of BT Ingham, Michigan. NOTARY PUBLIC ��PP"" TATE OF MINNESOTA) 0/COUNTY OF HENNEPIN) SS The foregoing instrument was acknowledged before me this day of , 1977, by James C. Brown, of Eden '•' Prairie, Minnesota. NOTARY PUBLIC • STATE OF MINNESOTA) SS COUNTY OF HENNEPIN) • The foregoing instrument was acknowledged before me this day of , 1977, by Wolfgang R. Penzel, Mayor, and by Roger K. Ulstad, City Manager, of the City of Eden Prairie, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. NOTARY PUBLIC jI 4 The undersigned, and each of them, hereby execute this Option Agreement for purposes of waiving their respective dower interest in the Subject Property, as herein defined, and each of the undersigned hereby agrees to sign such deeds and such other documents to enable Owners, as herein defined, to comply with each and every one of the provisions of this Option Agreement. • Margaret Brown Jane C. Brown Elsie Brown • STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS The foregoing instrument was acknowledged before me this day of , 1977, by Margaret Brown, the wife of • Dean T. Brown, both of Royal Oak, Michigan. NOTARY PUBLIC S/3J • • t ,0000011 / STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS do The foregoing instrument was acknowledged before me this day of , 1977, by Jane C. Brown, the wife of James C. Brown, both of Ern Prairie, Minnesota. NOTARY PUBLIC STATE OF MINNESOTA) SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1977, by Elsie Brown, the wife of Richard J. Brown, both of Birmingham, Michigan. NOTARY PUBLIC • 9 ‘.574) :e i 44) t' raw rasa mDwa. +na aae a®va•'' v �n a ,.-a i%-\" .6 .w 1 • 1�[T'lJ'f '1 ) j 1 N r 1 • ,1r _ ; 4 , r 1 . .....,....„,... \ . , . . . . ,,, . . . , _-. _:,;,,;i..� *.rr:. easuesae•sasia•e{ea.>a•e • { rtI • - y - - - a .. . •,,, .,'1. r . ... - •'• '...! !/,•:'!.• :;. • -.',. i • !• V!,-'. ' .: \ a 1 ;... )ran asuao • l.EIMus®.lallaNrerr.aarura�rrwar _.. f..._.. ........,..._.>1, 1 = C 11 , 1 i 7/1h/77 Rev. 7/1E/77 7/29/77 OPTION AGREEMENT • THIS AGREEMENT, Made and entered into as of this day of ,1977, by and between THE BLUFFS COMPANY, a Minnesota Corporation, party of the first part (hereinafter called "Owner") and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, party of the second part (hereinafter 4 called "Eden Prairie"); WITNESSETH THAT: WHEREAS, Owner is the fee owner of the real property situate in the County of Hennepin and State of Minnesota, depicted on Exhibit A, being that section labeled "Public Acquisition" and outlined in red, attached hereto and made a part hereof, together with all hereditament:s and appurtenances thereunto belonging or in any way apperta.ininq (hereinaftcs called the "Subject Premises"); and WHEREAS, Eden Prairie intends to acquire the Subject Premises for park purposes and desires to obtain an option to purchase the Subject Premises; and WHEREAS, Owner is willing to grant such an option upon the terms and provisions hereinafter contained. NOW, THEREFORE, In consideration of the rezoning and platting by Eden Prairie of certain properties contiguous with the Subject Premises, and in further consideration of the mutual covenants herein contained, it is hereby agreed as follows: 1. Option. Owner hereby grants to Eden Prairie for the period beginning on the date hereof and ending at 11:59 o'clock P.M. July 31, 1979, the exclusive right and option to purchase all of the Subject Premises. 2. Exercise of Option. The option herein granted shall be deemed fully exercised if written notice of election to purchase the Subject Premises is delivered by Eden Prairie to Owner on or ,J3 4 Jl before 11:59 o'clock P.M. July 31, 1979. Service ef• such notice shall be sufficient if timely deposited in the United States mail addressed to Owner or delivered to Owner, as hereinafter provided in paragraph 10. Unless the option herein granted is exercised on or before 11:59 o'clock P.M. July 31, 1979, all rights and • privileges hereunder shall expire forthwith thereafter. 3. Purchase Price. If this option is exercised and the purchase consummated as herein provided, the purchase price to be paid for the Subject Premises shall be an amount computed as follows: a) If this option is exercised before 11:59 o'clock P.M. July 31, 1978, the purchase price shall be an amount equal to the product of $10,000.00 times the number of acres of land in the Subject Premises; or b) If this option is exercised after 11:59 o'clock P.M. July 31, 1978, and before 11:59 o'clock P.M. July 31, 1979, the purchase price shall be an amount equal to the prodeet. of $10,700.00 times the number of acres of land in the Subject Premises. The purchase price shall be paid by Eden. Prairie to Owner in • the following manner: a) Thirty (30%) percent of the purchase price in cash or by certified check on the date of closing; and b) The balance of the purchase price pursuant to a ccntract fo,. deed to be entered into by the parties hereto on the date of closing, which principal sum, together with interest thereon from the date thereof at the rate of Seven (7%) percent per annum shall be paid as follows: (i) One-half (1/2) of such unpaid principal balance, plus all accrued interest on a date one year after the date of closing; and (ii) One-half (1/2) of such unpaid principal balance, plus all accrued interest on a date two years after the date of closing, at which time the entire principal in- debtedness evidenced by said contract for deed together with all accrued interest thereon shall be due and payable in full. The vendee under said contract for deed shall have the right. at any time to prepay in full the indebtedness evidenced thereby without premium or penalty. From and after January 1 of the calendar year following the calendar year in which the date of closing occurs, the vendee shall have the right to prepay in whole or in part and from time to time the indebtedness evidenced thereby without premium or penalty. Eden Prairie agrees that at all times subsequent to the year of closing it will prepay the indebtedness evidenced thereby to the extent of any available funds which it has obtained for the purpose of acquiring the Subject Premises. -2- • • i. Pate of Closing. For the purpose of this Option Agreement, the term "date of closing" shall be a date not earlier than ten (10) days, nor more than sixty (60) days after the date of exercise of this option. The time and date of closing shall be determined by Eden Prairie and written notice thereof given to Owner at least ten (10) days prior to said actual date of closing. The place of closing shall be the offices of Dorecy, .Windhorst, Hannaford, Whitney & Holladay, 2300 First National Bank Building, Minneapolis, Minnesota. 5. Title Examination. As soon hereafter as reasonably possible, Owner shall furnish to Eden Prairie an Abstract of • Title or Registered Property Abstract covering title to the Subject Premises, which Abstract or Registered Property Abstract shall include appropriate searches against bankruptcy and State end Federal judgments and liens.. Eden Prairie shall be allowed twenty (20) days after rereipt thereof for examination of said title, making of any e objections thereto, and notifying Owner in writing of the nature of such objections. If any objections to title are not made and Owner notified, all as herein provided, such objections shall be deemed waived. If any objections to title of the Subject Premises are made and Owner notified, all as herein provided, Owner shall be allowed up to the date of closing to cure such objections. If any objections to title of the Subject Premises are made and Owner notified, all as herein provided, and if such objections are not cured prior to the date of closing, Eden Prairie may at its option either (1) elect to declare this Option Agreement null and void, in which event neither party hereto shall be further liable hereunder, and all option money paid hereunder shall be refunded to Owner, or (ii) consummate the transaction contemplated by this Option • Agreement in the same manner as if there had been no title objections, in which event the transaction shall be consummated on the date of closing, and Owner shall thereafter undertake to -3- t,idr . P� r' cure the title objections. When the objections have been cured, an appropriate adjustment shall be made between the parties hereto to the end that Owner shall be reimbursed the reasonable costs it incurred in curing the title objections. 6. Possession. 1f this option is exercised and the purchase consummated as herein.providcd, Owner shall deliver . possession of the Subject Premises to Eden Prairie on the date of closing. Eden Prairie and its representatives shall have the right from and after the date hereof to enter upon the Subject Premises for the purposes of examining and surveying the same and conducting such tests and investigations as it deems necessary. Eden Prairie hereby indemnifies Owner for any damages or costs or claims therefor arising out of any injury, death or properly damage, the basis of which is Eden Prairie's preserve on the Subject Premises. 7. Taxes and Assessments. In the event this option is • exercised and the purchase consummated as hereinafter provided, the Owner shall pay all real estate taxes and installments of special assessments payable in 1977 and prior years. Eden Prairie shall be responsible for payment of all of the real estate taxes and installments of special. assessments payable in 1978 and subsequent years, regardless of when this option is exercised or the transaction closed. In the event any such taxes and installments of special assessments which are herein required to be paid by Eden Prairie become payable prior to the date of closing, Owner shall pay the same prior to their becoming delinquent, and Eden Prairie shall reimburse Owner for such amounts, paid plus interest thereon at the Tate of seven per cent (7%) per year from the dale of payment by Owner to the date of reimbursement by Eden Prairie. 8. Notices. Any notice or election herein required �/ / or permitted to be given or served by either party hereto 4' upon the other shall be deemed given or served in accordance . a i with the provisions of this Option Agreement if delivered personally to an officer of Owner and his receipt obtained therefor, or if delivered to the Mayor, Manager, Park Commissioner, Planner, or Attorney of Eden Prairie and his receipt obtained there- for, or if mailed in a sealed wrapper by United States registered or certified mail, postage prepaid, properly addressed as follows: If to Owner: The Bluffs Company • 4900 IDS Center 1 Minneapolis, Minnesota 55402 Attention: James W. Peter If to Eden Prairie: The City of Eden Prairie 7801 Mitchell Road Eden Prairie, Minnesota 55343 Attention: Any one of the above listed officials Each such mailed notice or communication shall be deemed to have been given to, or served upon, the party to which addressed on the date the same .is deposited in the United States registered • or certified mail, postage prepaid, properly addressed in the manner above provided. Each such delivered notice or communication shall. be deemed to have been given to, or served upon, the party to whom delivered upon delivery thereof in the manner above provided. 9. Survey. As soon hereafter as reasonably possible, Owner shall obtain at Owner's expense, a boundary survey of the Subject Premises, the selection of the surveyor to be at the sole discretion of the Owner. Said survey shall be addressed to Owner and Eden Prairie, shall show the location of all improve- ments, easements, and encroachments, if any, and shall contain a certification as to the •number of acres in the Subject Premises. Such certification of acreage shall be the basis for determining the purchase price, as provided in paragraph 3 hereof, and, except in the case of an error, shall be conclusive upon the parties hereto. 10. Description of Subject Premises. The description • of the Subject Premises, as shown on Exhibit A attached hereto, does not. describe the Subject Premises by legal description. The survey to be obtained by Owner shall, in addition to those • matters set forth in paragraph 9, contain an accurate description of the Subject Premises. The description of the Subject Premises, as prepared by the surveyor, shall he used in all closing documents involved in this transaction. 11. Insurance. Owner shall, at its sole cost and expense, continue until the date of closing to insure the Subject. Premises against loss or damage in the same amounts and to the same extent as the Subject Premises are insured on the date hereof. In the event the Subject Premises are damaged or destroyed in whole or in part prior to the date of closing, this Option Agreement shall not be terminated. If Eden Prairie exercises its option to purchase, the transaction shall be closed as herein provided, and all net proceeds of insurance paid or owing to Owner under any insurance policy for such damage or destruction shell belong to and be the property of Eden Prairic. 12. Survival. If this option is exercised and the purchase consummated as herein provided, all of the terms, covenants and conditions of this Option Agreement shall survive and continue in full force and effect after the date of closing. 13. Assignment. This Agreement shall only be binding upon and inure to the benefit of the parties hereto, and in the case of Owner, its successors and assigns. This Option Agreement and the rights hereunder shall not be assignable by Eden Prairie without the consent of Owner, which consent may be withheld without cause. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. THE BLUFFS COMPANY /13 By Wallace H. Busted Its President THE CITY OF EDEN PRAIRIE ATTESTED BY: By: _ Wolfgang R. Penzel Its Mayor John P. Frane And: Its City Clerk - Roger E. Ulstad Its City Manager STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS The foregoing instrument was acknowledged before me this day of ,1977, by Wallace H. Husted, President, Fhe Bluffs Company, 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 Wolfgang R. 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'-i-s.c-Tr}-4 t!•;:tr.E•,'.E I 1-""kr5L:::!)-:\•• \ / I 1.11 ; t ! : I i 1 4.75(`T" "----- ,.. - 1.„_..„,./)/ .. .• ;,• it L I • : I It I ; 1 1: I•1 It i I 1 ' / I ;I , whp/'h 7/11/77 Industrial Park (Jacobson & Knoblauch) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE-NO. 77-27 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: The North 360 feet of Lot 2, Block 1, Eden Prairie Industrial Park, which property shall be and hereby is removed from 1-2 Park and shall be included hereafter in the I-General zone. Section 2. The above described property shall be subject to the terms and ccnditir�; of that certain Rezoning Agreement dated entered into between HOWARD C. JACOBSON and J. W. KNOBLAUCR 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 I-General zone. 1 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 on the day of , 1977 and finally read and adopted, and ordered published at a regular meeting of the City Council of said City on the day of , 1977. Mayor ATTEST: bobs D. Franc, City Clerk Published in the Edon Prairie Pews on the day of , 1977. • T 7 1 i whp/ih 7/11/77 1 4 y REZONING AGREEMENT THIS AGREEMENT, made and entered into this l'i 1, day ofC1 (, t , — , 1977 by and between HOWARD C. JACOBSON and J. W. KNOBIAUCII, a truses hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City," WITNESSETII: WHEREAS, Owner has requested the City to change the designation of a portion of the area designated as PUD 77-19 from I-2 Park to I-General for development of land more fully described as shown on Exhibit A which is attached hereto and made a part hereof; and WHEREAS, it is believed that the rezoning of said area to Industrial (I-General) would be in the public's interest, welfare and convenience of the people of the City of Eden Prairie and in accordance with the development of the Planned Unit Developmental Plan for the area; and WHEREAS, Owner agrees to develop the aforementioned property in con- sideration of the City's changing of the zoning; and Owner father agrees that as a part of said consideration, it will lay out, develop and maintain said protect as hereinafter set forth; NOW, nIEREFORE, this agreement witnesseth that for and in consideration of the Mayor and the City Council of the City of Eden Prairie adopting an Ordinance changing the designation PUD 77-19 from 1-2 Park to I-General the Owner agrees to construct future buildings on said property in accordance with the planning, archite,.Lural, engineering and landscaping requirements of all City Ordinances, subject to the following conditions: 51,i.•) • That it is the sense of the parties that the area delineated in red on Figure I which is made a part hereof and of which owners property is a part shall he "screened" from the single family residential area lying to the southeast. The parties agree that such'screening can most effectively be done on the back of the single family lots. To that end the owners agree to pay to the City the sum of $1,500.00 for distribution by the City to compensate the individual property owners for screening done by them and approved by the City. The City shall be the sole Judge as to the appropriateness and adequacy of any such screening. Payment of the above sum by the owner to the City shall be construed as fulfilling all requirements under City ordinances for screening for the owners property abutting the railroad tracks. This shall have no effect on other portions of owners property. FURTHER CITY AND PROPERTY 0W'ERS 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. IN WITNESS WHEREOF, the parties to this Agreement have caused their presents to be executed the day and year aforesaid. • .�(,"?/. // ( ( �Glrl/o!<<rt Howard C. Jacobsoql'trustee JW`. 'Knhhlauch, trustee CITY OF EDEN PRAIRIE, a municipal corporation BY: Wolfgang Fenzel, Mayor 6/1k John D. Franc, City Clerk STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) cd7 e foregoing instrument was acknowledged before me this V K 0 day of [ , 1977 by Howard C. Jacobson as trustee and J. W. Knoblauch truLee on behalf of the corporation. • VV M,! ' lt�/t McgFr Notary Public * STATE OF MINNESOTA) '•-•••!- •' .' ,.,.ntia••tF." r14t S S. i,^Trrrn..,..e nw .w r.. . .rvt COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _ day of , 1977 by Wolfgang Penzel, Mayor and by John U. Frane, City Clerk of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public • -3- • EXHIBIT A 0 • The North 60'feet of Lot 2, Block I, Eden Prairie Industrial Park. 1 • , ll1. i /:'a;•;" ! • `,-s I, •�`Ir: ,r '' ` . ' '/ /pep;>a •� ( I'll / Ll, : 1. 1/ " ✓/ ��.: • i f / ( / V i. / it L� ' /j�j f r I I'. . I (/. i i I/ ,.' /ter. • _ / - ✓ — ,. + 1 1 I • , I I / lr cjsi _ '/ , �/ c,o...., 1. 11 r ' ,/ -i' li \ \, r 1�. 1iry. i I • 11,'J' , //� • /, ( l��l l ;,a �� • I ) `1\,,• "'` 1 �1u�.�l� . 1 whp/jh 7/15/77 Walnut Addition 1 r CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE-NO. 77-14 • AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135. T11E 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 8, Township 116, Range 22 as follows: The South 727.0 feet of the East One-half of the Northeast One-Quarter of Section 8, Township 116, Range 22, County of Hennepin, State of Minnesota, lying West of Esther Hills Addition, which property shall be and hereby is removed from RI-22 zone and shall be included hereafter in the RI-13.5 zone. Section 2. The above described property shall be subject to i.he t rms and conditions of that certain rezoning agreement dated July , 1977 entered into between Dirlam Properties 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 RI-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 and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1977. Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk 5j').1' Ant. of 1077 WHP/jr 7/8/77 • • RE-ZONING AGREEMENT THIS AGREEMENT made and entered into in triplicate this G_h day of July, 1977, by and between DIRLAM PROPERTIES, a copartnership consisting of Dennis Dirlam and Donald Peterson, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has requested the City to change zoning from RI-22 to RI-13.5 for development of land more fully described as Walnut Addition, Hennepin County, Minnesota, and WHEREAS, it is believed that the rezoning of said area to Ri-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 consideration of the changing of the zoning, and owner further agrees that as part of said consideration, it will lay out, develop and maintain said project as hereinafter set forth. NOW, THEREFORE, THIS AGREEMENT WITNESSETH, that for and in consideration of the Mayor and City Council of the City adopting an ordinance changing the zoning from RI-22 to RI-13.5 the Owner agrees to construct on said property in accordance with the planning, architectural, engineering and landscaping requirements of all City • ordinance, and will submit City ordinances subject to the following conditions: iIy 1. That the area shall be developed and platted as and for 17 single family homes. 2. That there shall be no variances granted from the requirements of Ordinance No. 135. 3. That a buffer shall be constructed by owner along County Road #4 to restrict pedestrian crossing and reduce visual noise impact. 4. That the requirements of and the engineering report of the City Engineer dated May 18, 1977 is incorporated herein and made a part hereof. 5. That all sanitary sewer, water main and storm sewer facilities, concrete curb and gutter and bituminous surfacing whether to be public or private, shall be designed to City Standards by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The developer, through his engineer, shall provide for competent daily inspection of all street <nd utility construction, both public and private. As-built drawings with service and valve ties on reproducable mylar and certificates of completion and compliance with specifications shall also 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. Park dedication fees as required by City Ordinances shall be paid by developer. • 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_ 1 2. That the provisions of this Agreement shall be binding upon and enforceable against Owner, its successors and assigns, and all subsequent owners, their respective heirs, successors and assigns, of the property herein described. 3. That an executed copy of this Agreement shall be re- corded with the Register of Deeds or the Registrar of Titles for the County of Hennepin and State of Minnesota. 4. That if Owner fails to procure a building permit in accordance with this Agreement within eighteen (18) months from the date hereof, Owner will not oppose a rezoning of said property. IN WITNESS WHEREOF, the parties to this Agreement have caused their presents to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a Municipal Corporation of the State of Minnesota By: (SEAL) Its Mayor Its Manager DIRLAM PROPERTIE , a Co-Partnership consistipg of Dennis Dirlam and Donzad`peterson /Alri..L•Z,.t.-,V4Z1- / Dennis Dirlam Donald Peterson STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of July, 1977, by the Mayor and the City Manager of the City of • -3- I)1 ,) Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public, Hennepin County, MN My Commission Expires STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this If1{� day of July, 1977, by DENNIS DIRLAAM and DONALD PETERSON, co-partners of DIRLAAMM PROPERTIES, a co-partnership. C Notary rublic, Hennepin County, I4N My Commission Expires Q. . : -- . NOTARY PUBCCALICS.MINNENCEESOTA 4a,',�.) CARVER COUIITY NYCOMNIie:ICB 21818211 NOV.18.1982 -4- t-)+/)(0 Ldcnvale 14th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Nk ORDINANCE NO. 77-24 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 4 , Township 116, Range 22 , as follows: See attached description, made a part hereof, which property shall be and hereby is removed from Rural 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 rezoni.ng agreement dated , 1977 enterrd into between EDENVALE, INC., 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 on the day of , 1977. Wolfgang Menzel, Mayor ATTEST: John D. Franc, City Clerk Published in the Eden Prairie News on the day of , 1977. f • REZONING AGREEMENT THIS AGREEMENT, made and entered into in triplicate this day of , 19Z7, by and between EDENVALE, I .INC., a Minnesota corporation, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a Municipal corporation, herein- after referred to as "City", WITNESSETH: WHEREAS, Owner has requested the City to change zoning from Rural to R1-13.5 for an area consisting of approximately twenty- five (25) acres more fully described in Exhibit "E" attached hereto and made a part hereof, and • WHEREAS, it is believed that a rezoning of said area to R1-13.5 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 consideration of the City's changing of the zoning; and Owner farther agrees that as a part of said consideration, it will lay out, develop and maintain said project as hereinafter set forth. NOW, THEREFORE, TITS AGREEMENT WITNESSETH, that for and in consideration of the Mayor and the City Council of the City adopting an Ordinance changing the zoning from Rural to R1-13.5, 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: 1. That the preliminary plat of Edenvale 14th prepared by Westwood Planning & Engineering Company dated December 9, 1976 consisting of 66 lots should be approved. 2. That the development of the lots be in accordance with the following documents: The brochure prepared by owner under date of March, 1977 (Exhibit "A") , Staff Report Amendment dated April 5, 1977 and April 21, 1977 (Exhibit "B"), Engineer's Report under date of April 21, 1977 (Exhibit "C") . 3. The following setbacks shall be adhered to, Exhibit "D". 19 4. at the develbper,wil1 pa} park ded cation fees !'�/> • re iced by Cit drdin aces. • L,", t•t,., ii '.fr c' 5. That all sanitary sewer, water main and storm sewer facilities, concrete curb and gutter and bituminous surfacing whether to be public or private, shall be designed to City standards by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The developer, through his engineer, shall provide for competent daily inspection of all street and utility construction, 'both public and private. As-built drawings with service and valve ties on re- producable mylar and certification 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: 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. 4. That if Owner fails to proceed in accordance with this Agreement within eighteen (18) months from the date hereof, Owner, for• iteself, its successors and assigns agrees that it will not oppose the rezoning of said property back to its Rural Zoning. -2- • • 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; (SEAL) Wolfgang Penzel, Its Mayor Roger Ulstad, Its Manager---- EDENVALE, INC., a Minnesota corporation Ifs (SEAL) Its STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ,rrl. day of , 1977, by Wolfgang Penzel, the Mayor and by Roger U1stad,tne City Manager, of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. (/' Notary Public ruumulartuwatrAmasuauAupt «n JOANNE JOHNSOW S7AI;. OF MIN'idIiSOTA ) naY rur.IC. caruSJTA ( Su. � _.? I ra1EPIN COUN1Y COUNTY OF HENNIfPIN ) l.r,,.,gr••vs.laic t kvYrrc r V c;e'o 4 n v rvvv rctiThYyrvr WrrX _The foregoing instrument was acknowledged before me this c71 ' day of .. ' �_. 1977, by i <:.,, the: r, and by the of EDENVALE, INC., a Minnesota corporation, on behalf of the corporation. XAAA.A.LA.47.r..4A..0.1.:.k05:J1_4AAMAA61.L ' (I.<-/-....• ..... .-•/a�.�-� _. MOM r;t -KI;u:PslaA Notary Public `I. III rlrl i.r'IN t't`ON(Y },lrtuvrvirt YIVITYVVV1 3_ • • • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-93 • A RESOLUTION REQUESTING THE STATE TAX COMMISSIONER TO CORRECT ASSESSMENT INEQUITIES • ' WHEREAS, the equitable assessment of real property values is absolutely essential in order that taxes levied by governmental units which transcend municipal and county boundaries will be fair, and WHEREAS, studies prepared by the State of Minnesota Department of Revenue show that there is great disparity among the seven counties in the metropolitan area, with the 1976 sales assessment ratio study of residential properties showing, for example, that Hennepin County's limited value ratio was 84.4%, and its market value ratio was 96.3%, while Anoka County's limited value ratio was 89.5% and its market value ratio was 92.7%, and at the low end were Scott County's 73.9% limited value ratio and Dakota County's 81.5% market value ratio, and WHEREAS, 1973 legislation limited current year assessments for selective property classes to a 5 increase in the preceding assessment valuation, and a 1975 amendment provided that all property classes were limited to an increase in valuation for 1975 and subsequent years of 10% of the previous valuation, or 25% of the difference bctrrcoi the current estimatzd market value and previous years' limited 1 market value whichever is greater, and WHEREAS, the introduction of "limited" market value greatly complicates the problems of'securing equitable assessments, and WHEREAS, the autnority of municipal and county hoards of review to make overall changes; in values is severely limited by statute, and WHEREAS, the Comeissioncr of Revenue of the State of Minnesota constitutes the State F,oard of Equalization and is empowered to reduce wide disparities in assessment levels between counties, t0W, THEREFORE:, BE IT RESOLVED by the City Council of the City of Eden Prairie that the Commissioner of Revenue of the State of Minnesota be requested to take incnediate action to secure a uniform level of assessment among the seven counties in the metropolitan area by raising assessment levels in Carver, Scott, Dakota, Ramsey and Washington Counties, and • BE IT FURTHER RESOLVED that the attention of the members of the House and Senate representing Eden Prairie be called to this entire problem with the request that they make every effort possible to secure whatever changes are necessary in the "limited value" statutes so that application of this feature will not hinder the 1 -establishment of a uniform level of assessment, and . a pp 1 I) 1 r Resolution No. 77-93 rage iwu BE IT FURTHER RESOLVED that cities in Hennepin and Anoka Counties and the Hennepin and Anoka County Boards of Commissioners be urged to make similar requests • to the Commissioner of Revenue and to their respective legislators ADOPTED by the City Council of the City of Eden Prairie on this day of , 1977. • • Wolfgang H. Penzel, Mayor • SEAL ATTEST: • John D. Frane, City Clerk • AGGREGATE SALES-ASSESSMENT RATIO INDICATED MARKET VALUE • • 1974 1975 1976 • • Res. Res. County Aggregate Indicated Wide Ratio Mkt Lmtd Mkt Lmtd Mkt **** **** ANOKA 88.0* 88.O** 88.9*** 88.9 93.2 89.5 92.7 CARVER 77.2* 79.0** 78.8*** 81.5 90.9 75.8 81.9 *DAKOTA 79.3* 80.7** 80.9*** 81.8 85.8 8q.2 ' 81.5 HENNEPIN 88.1* 88.3** 89.3*** 89.6 96.2 84.4 96.3 RAMSEY 72.8* 72.7** 74.4*** 74.4 86.1 74.7 86.7 SCOTT 74.1* 75.2** 73.9*** 74.7 91.4 73.9 88.6 WASIIINCTON 74.5* 76.3** 76.4*** 78.6 83.2 77.9 86.2 • EDINA 92.1* 92.1** 93.8*** 93.8 97.7 94.6 97.1 Eden Prairie 88.3 88.6 92.3 92.3 96.4 90.6 96.8 STATE 80.9(p 114) - - - - • * Table 1 - 1974 Ratio Study, Department of Revenue ** Table 2 - 1974 Ratio Study, Department of Revenue *** Table 1 - 1975 Ratio Study, Department of Revenue **** Table 2 - 1975 Ratio STudy, Department of Revenue • • r ) 1(,) j . • • *ASSESSMENT UNIFORMITY • COEFFICIENT OF DISPERSION • • 1956 1968 _1970 1972 1973 1974 1975 ANOKA.- Residential . 8 9.4 11.6 9.1 9.5 9.7 9.7 • CARVER - Residential 21 16.6 16.6 13.4 15.8 15.2 12.6 DAKOTA - Residential 15 10.7 12.5 10.9 11.6 .11.5 11.8 IHENNEPIN - Residential 9 10.1 11.2 9.6 10.0 10.8 10.8 RAMSEY - Residential 9 16.8 14.0 13.2 13.2 13.3 13.6 • SCOTT - Residential 14 17.1 15.6 14.9 15.5 16.6 15.3 WASHINGTON - Residential 20 13.3 15.3 13.7 13.7 14.2 11.6 Excellent - 1.0 - 9.9 Reasonable - 10.0 19.9 Questionable - 20.0 - 29.9 ' • Unacceptable - 30,0 & Over. • * p. 201 1975 Ratio Study, Department of Revenue • • • • • • WHP/jr 7/12/77 Edenvale Ind. Park 2nd Addn. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 77-17 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 9, Township 116, Range 22, as follows: Outlot F, Edenvale Industrial Park 2nd Addition, which property shall be and hereby is removed from Rural and shall be included hereafter in the I-2 Park zone. Section 2. The above described property shall be subject to the term^ mid conditions of that certain Rezoning Agreement dated , 1977, entered into between EDENVALE, INC., and the CITY OF EDEN PRAIRIE, which agreement is hereby made a part hereof and shall further be subject to all the ordinances, rules and regulations of the City relating to such 1-2 Park zone. Section ? 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 on the day of , 1977 and finally read and adcpted, and ordered published at a regular meeting of the City Council of said City on the day of , 1977. . • Wolfgang Penzel, Mayor ATTEST: John D. Fr.ane, City Clerk Published in the Eden Prairie News on the day of , 1977 -2- c l6 C. WHP/)r //1'l/// • REZONING AGREEMENT THIS AGREEMENT, made and entered into this day of , 1977, by and between EDENVALE, INC., a Minnesota corporation, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, the Owner has requested the City Council of the City of Eden Prairie to change the zoning of a tract of land from I-General to 1-2 Park for an area consisting of approximately 7.5 acres and which is legally described as follows: Outlot F, Edenvale Industrial Park 2nd Addition, and WHEREAS, it is believed that the rezoning of said area to 1-2 Park 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 consideration 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 witnesseth that for and in consideration of the Mayor and the City Council of the City of Eden Prairie adopting an ordinance changing the zoning from I-General to 1-2 Park and of the mutual benefits to each of the parties here- to, the parties, their respective successors and assigns do here- by covenant and agree as follows: J(,') • 1. That the property be subdivided in accordance with the draft as set forth in Exhibit "A". 2. That the following variances shall be and hereby are granted: (a) Lots 3, 4, and 5 .to be less than two acres in total area; (b) Lots 3, 4, and 5 will be developed using setbacks as follows: 30' front yard, 10' said yard, 25' rear yard; (c) Lots 1 and 2 are to use the setbacks as set forth in Ordinance No. 135. 3. That the-E aelopol-W171-1--pay"'pdi-cca-tion fee,e-as r iil i rerl h} C].Y Glydina es: /4-,12; 4. That all sanitary sewer, water main and storm sewer facilities, concrete curb and gutter and bituminous surfacing whether to be public or private, shall be designed to City standards by a Registered Pro- fccsional Civil Engioeei and submitted to the City Engineer for approval. The developer, through his engineer, shall provide for competent daily inspection of all street and utility construction, both public and private. As-built drawings with service and valve ties on reproducable mylar and certification of com- pletion 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: 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 re- corded with the Register of Deeds, Hennepin County, Minnesota. -2- • 4. That if Owner fails to proceed in accordance with this Agreement within eighteen (18) months from the date hereof, Owner, for themselves, their successors and assigns agree that they will not oppose the re— zoning of said property back to its Rural zoning. IN WITNESS WHEREOF, the parties to this Agreement have caused their presents to be executed the day and year aforesaid. EDENVALE, INC., a Minnesota corporation By (SEAL) v Byd:;.cy� � CITY OF EDEN PRAIRIE, a Municipal corporation By (SEAL) Wolfgang Penzel, Mayor John D. Frane, City Clerk STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before-one this day of < , 1977 by 6.-:, C_K_,�,,. the an: the of FDENVALE,, 15C., a Minnesota corporation, on behalf of the corporation. �1 STATE OF MINNESOTA ) < "::, JC4fd'd! .i)!'N'ON SS. t;Cl BFv i 9:!d•MINNESOTA COUDTY OF HENNEPIN ) H: COUNTY onn F+^•ie, S.1979 The foregoing instrument was acknowledged before me this day of , 1977, by Wolfgang Penzel, the Mayor. and John D. Franc, City clerk of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. • Notary Public —3— / • . . \ . • • . • • \ • N • 11 .. ~o. C O l'p O C�i'i C • `/ •� r O 1 A • � I n • / /<y / a n / •r..: \ [ / // '/ ''''...... \N fa '�, / \ / N t, • 1-. qi I \ O ff. �'-. a.. "t• • • c. /11/ In - • N•. C:);-rl,t`:l ;(::: CJ )�" ! /. FJCflIBIT ..,71•,'. !• ) ' ,�);.\\ I ., ,, \ whp/jh 7/28/77 E.P. Development Commission CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO, 77-29 AN ORDINANCE RELATING TO THE INDUSTRIAL COMMISSION FOR THE CITY OF EDEN PRAIRIE AND AMENDING ORDINANCE NO. 79 AS AMENDED. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1, Section 1 of Ordinance No. 79 as amended is hereby deleted and there is substituted therefor the following: Section 1. Short Title. This ordinance shall be known and may be cited as "Eden Prairie Development Commission Ordinance." Section 2. Section 2 of Ordinance No. 79 as amended is amended to read as follows: Section 2. Definitions. For the purpose of this Ordinance, the following words and their derivations shall have the meanings as set out herein. (a) "Commission" is the Development Commission of the city as created by this Ordinance. (b) "Chairman" is the chairman of the Development Commission as provided for hereunder. (c) "Secretary" is the Secretary of the Development Commission as provided for hereunder. (d) "Planning Commission" is the Zoning and Planning Commission of the City of Eden Prairie. Section 3. Section 3 of Ordinance No. 79 as amended is amended to read as follows: Section 3. Establishment. A Development Commission is hereby established to be advisory to the Council and the Planning Commission, which Pc. elopment Commission shall have the powers and duties hereinafter set forth. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this day of , 1977 and finally read and adopted and t•)')' ordered published at a regular meeting of the City Council of said City on 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- 5/O0 • 1� DIRLAM PROPERTIES � • �� 7768 Mitchell Road V# Eden Prairie, Minnesota 55343 duly 28, 1977 Mr. Roger Ulstad City Manager City of Eden Prairie 8950 County Road 4 Eden Prairie, MN 55343 Dear Mr. Ulstad: The Eden Prairie Planning Commission unanimously recommended approval of the re—zoning and preliminary plat of Valewood 1st and 2nd addition at their meeting held July 25, 1977. Would you please proceed to place the matter of zoning and preliminary plat approval on the August 16, 1977 City Council agenda. Will you also please have the legal notice for public hearing published to provide adequate time for the August 16, 1977 City Council meeting. The necessary applications and planning booklets are available from your staff. Yours truly, 1�L1t9�1 G 47 Dennis P. Dirlam DIRLAM PROPERTIES DPD/mp Reed (,I '1I,1'1 • The reset July 27, 1977 Mr. Rorer Ulstad City Manager • City of Eden Prairie 8950 Eden Prairie Road Fden Prairie, MN 55343 RE: Amsden Hills II Rezoning Hearing Dear Mr. 'listed: I would like to formally request in behalf of The Preserve that the council establish a public hearing to consider the rezoning of Amsden Hills II on the date of August 16, 1977. Respectfully requested, : IT:: / ie./ 7 ss, Jr. Vice President Architecture Po Planning DLH,1 A Total Environment Community—8920 Franlo Rd.,Eden Prairie,Minn. 55343—(812)9412001 V [[ MINNESOTA a`" " ��5 ` /� FF -may tiOIIStNG � > E.d\✓ ✓1 �,,� E. era ASS()t'IA'PiON }; 'b*a 4510 WEST 77711,SUITE 230,MINNIAPOLIS,MINN.55435•612S35"5334 '1', 442niw rr". • July 21, 1977 • Mr. Roger Ulstad City Manager - Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Metropolitan Council Housing Competition Dear Mr. Ulstad: I'm enclosing (1) Metropolitan Council announcement and invitation to builders and developers; (2) a copy of a letter that I received from Joanne Barron, Metropolitan Council (lousing Planner, assuring us that the • proposal we have in mind will he included. We want to set a demonstration home within the Eden Prairie Shopping Center; more specifically, on ground near the drive-in bank building. We have talked with Mr. To" Sahli, the Center Manager. The home is one built to the Federal Standards Code and would be installed to the Minnesota Code. We would have the home ready for public viewing August 20th in order to tie in with Eden Prairie Center activities. Next, the home would be open September 1st so that the Metropolitan Council Housing Competition Committee and staff could view the house and finally, - the home would be open the weekend of September 17th and 18th to tie in with the Metropolitan Co:,nci1's advertised public tours. We propose to connect only electricity (no other utilities). Our request is to have permission to erect a home, sod and landscape starting the week of • August 8th. We will remove the home from the Center the week of September 19th. Please assist us in providing the means whereby the Council's program can succeed and the public can look at one of today's housing alternatives. • Respectfully yours, � i�r . c' `�f 7lwulaslH. Wratlters Executive Director • " THI•l:jrb Enclosures . • oVitaya • av r 11VIN 300 Metro Square Building,7th Street and Robert Street,Saint Paul,Minnesota 55101 Area G12,291-G359 • July 20, 1977 Mr. Tom Walters Minnesota Manufactured Housing Association 4510 West 77th Street • Minneapolis, MN 55435 Dear. Mr. Walters: I have talked today to Pat Lucas, Chairperson of the Selection Committee for the (lousing Competition, and explained your pro- posals for entering homes in the competition. She has concurred with my impressions of your proposals as I explained in our phone comrersation, and sees no problem whatsoever with r'gard to the eligibility of these proposals. We would welcome your entries in the competition. The philosophy behind the competition, from the beginning, was to keep the criteria as flexible as possible. The purpose of the competition is to show homes to the public, and to recognize the builders or sponsors; we did not want to exclude entries by establishing arbitrary requirements. If you have any further questions, please let me know, Sincerely, �fti�Ls✓L-- Joan)A Barron Houssnd Planner /em • An Aromas(:ro.tud to Coor,tlnaU,lb,•I I IL • h,.v,.Io •nt"rib..Twin CU Motr..l.nlitan Area(: Witting: Au,4,u/'uuu,y ,<L. vot C,•u,tty•.Itnluno I'„uuy t{.,uo,pot Ci„uny ntOntt.y County,1 netnt County t•w<wl,lnst„u cnuuty 01 a• ht l � t4 ').). • j'1, o4, s,c , ,t t•t'I N t:l.r, ' ;40;)Metrll.Sgeerc Building,7th Street and Robert Street,Saint Paul,Minnesota 55101 Arca G12,291-0359 June 24, 1977 TO: Metropolitan Area Builders and Developers • On behalf of the Metropolitan Council, I want to encourage you to enter a housing competition the agency is sponsoring this summer to acknowledge and give visibility to builders and developers who are designing and constructing homes affordable by middle-income people. Any home which sells for. under $45,000 can be entered. Any type of • sales housing is eligible, but it must have been built since January, 1976. If it is presently under construction, it roust be available for to;Irs on•September 1. The Council has selected a panel of judges who will evaluate entries and select several homes which would be open for public tours in late • September. Winners, announced after the tours, will receive public recognition, plus a certificate or plaque. The competition is, -I believe, a useful way for the Council to recognize • and stimulate efforts in the private sector to meet the region's goal Of more affordable housing for Metropolita^. Area families. Applications will be taken through August 20. • • Details of the competition and an application fore are attached. If you have questions, feel free to contact Joanne Barren of the Council's housing staff at 291-6385. Sincerely. O n . John Boland . • Chairman • • Enc./ono 1 ) An A1.utt(Y 0."o.'.1 to Caur,111110 0 1110 Plniu ui mod 1)ovotuln»net oft Ito'Twin(Mien Motrolm litae Aron Comprimieg: A.,1.1.Cuout)o1:6,1V.,Comely,.,II.,I.u1..('ouzel y,,I t,,,,eyn m C00111y 0 It 144'y Comity 0 titmtt County a W1wldul;Ntp cuUtlty 1 • • • MODEST-COST HOUSING COMPETITION • • • Sponsored Hz THE METROPOLITAN COUINCIL OF THE TWIN CITIES AREA • 1977 • • • The Modest-Cost Housing Competition will provide recognition for builders in the seven-county Area who have made the effort to meet the needs of the middle-income market. It will also provide the opportunity for potential buyers to view both new homes which cost less than the average and substantially re- habilitate.: units. A committee of housing experts and consumers will select several • of the' hc,ies submitted.for judging by Metropolitan Area builders for showing during a September weekend tour. At each of the tour homes, the public will have an opportunity to fill out consumer evaluation questionnaires. After the tour weekend, final winners of the competition will be announced. The builders or developers of homes selected for the tour will receive certificates in recognition of their winning entries. Plaques will be presented to the final winners of the competition. • All housing units entered in the competition must have a current market value of no more than $45,000. Applications will be accepted from June 25 through August 20. The attachments describe the background and purpose of the competition, the eligibility criteria and selection process. An application form is also attached. If you have questions, please contact Joanne Barron of the Metro- ;':,litan Council's Housing staff, at 291-6385. 1 • DACYOROUND AND PURPOSE OF THE COMPETITION + . ii '' There is a great deal of discussion today about the rapidly- increasing price of new homes. High housing costs are pricing increasing numbers of prospective homeowners out of the housing market. A recent study by the MIT-Harvard Joint Center for Urban Studies • showed that new housing costs doubled (a 102 percent increase) be- tween 1970 and 1976. During the same time period median family incomes increased by only 47 percent. • • The Metropolitan Council is concerned about this situation, and is focusing efforts on developing recommendations and programs which can begin to impact on the rapid housing cost increases. • The Modest-Cost Housing Competition is one of the things the Council is doing as part of this Effort. The idea to conduct a housing com- • petition was one of the recommendations of the Metropolitan Council's Modest-Cost ::ccising Advisory Committee. This committee was appointed by the Counei_l in 1976 to study and make recommendations on ways to increase the supply of modest-cost housing in the Metropolitan Area. The purpose of the competition is to focus attention on new homes in the Iower cost ranges which are affordable to middle-income persons. The competition is limited to homes selling for no more than $45,000. • Homes selling for this price are becoming increasingly rare; rapid construction cost and land cost increases are making it increasingly • • difficult for builders to deliver homes at this price. • The median price of a new home in the Metropolitan Area in mid-1976, according to Metropolitan Council estimates, was $50,000; the average cost in 1976 was over $57,000. Such statistics may discourage consumers from hoping that they will be able to buy a home. The fact that median or average sales prices • of new homes are quoted so often and receive so much attention in the national and local press may obscure the fact that homes are available which cost less than the average. The housing competition pro\'i.d.rs an opportunity for the public to become better informed about new homes which do cost less than the average. . An equally important Purpose of the competition is to recognize the efforts of bei.1dors in meeting the needs of the middle-income, new housing market. The intent of the compet.itiaa as conceived by the Modest-Cost Housing • Advisory Committee was to focus attention on new modest-cost housing units. The competition was broadened, however, to include substantially rehabilitated nnito, in order to show a broader range of modest-cost housing options to the public. _ t • ELIGIBILITY CRITERIA Type of Housing • Any type of sales housing is eligible to be entered in the com- petition: single-family homes, townhouses or other attached housing, condominiums and manufactured housing, including mobile homes. Sub- sidized housing is also eligible. To be eligible, the housing must have been built (or placed on the site) since January, 1976. Housing currently under construction must be completed and available for tours by September 1, 1977. Housing which has been substantially rehabilitated since January 1576 is also eligible. Substantial rehabilitation, to be eligible, is defined as housing built before 1939 in which all mechanical structures have been updated to current standards, and which has been completely redecorated. It may or may not include alteration of the interior, such as in condominium conversions. The housing must be serviced by public sewer and water and must be consistent with the orderly growth of the Metropolitan Area. Cost of Housing The housing must have a current market value of no more than $C5.000. In the care of subsidized housing, the current unsubsidized market rate mast be no more than $45,000. Winners will be selected in two cost categories: under $38,000 and $38,000 to $45,000. El q ihle Entrants Any builder, developer or contractor is eligible to enter a housing • unit in the competition. • SELECTION OF THE WINNERS Winners of the competition will be selected in several categories by type of housing. The entries will be evaluated by a selection com- mitcee. The committee members are: Pet. Lucas,__ Ms. Lucas serves on the Metropolitan Housing and Redevelop- meht Authori[y Advisory Comm_;.cce, and also served last year on the Council's Modest-Cost Housing Advisory Committee. Peter Jarvie, a planner:/designer with the firm of Bather, Ringrose, WWol tell, laic. Villginia_Nagle, Associate Professor, University of Minnesota. Ms. Nagle • • teaches courses in both housing and design within the Housing Program, ! a curriculum of the College of Home Economics at the University of Minnesota. Helmer Larson, officer in charge of residential lending at Midwest Federal. Duane Stole?, an architect with the St. Paul Housing and Redevelop- ment Authority. The'Council is now seeking a builder representative to serve in the place of Clyde Rehbc.in, a builder and former committee member who recently resigned because of other commitments. The committee will select several examples of modest-cost housing, which will be open for public tours during the weekend of September 17-18. The public will have a chance to evaluate the homes by completing a questionnaire which will be available at each of the homes. During the week following the tour, final winners will be announced. The builders of the homes selected for the tour will receive a certificate in recognition of their winning entries. A plaque will be presented to each of the final winners. If a winning entry was constructed with the cooperation of a non-profit ,reap ca public agency such as a local H_'_'A, both the builuei or devel- oper of each such entry and the sponsoring agency involved would . receive the certificate or plaque. Selection Criteria The selection committee will evaluate the homes according to a de- tailed list of criteria. In general, the criteria will include: general appeal and value for the money; the most living space for • the cost, livability and convenience. Appropriateness and apoeal of interior and exterior materials, quality of workmanship and contpt.ibi.lity of house and site will also be considered. In evaluating Single-family homes particular consideration will be given to those offering possibilities for expansion space. J ' 1 National Corporation for Housing Partnorstlips 1133 Fifteenth Street,Northwest,Washington,O.C.20005 Tel:(2071 857.5700 TWX 710.872.1905 July 14, 1977 The City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, I:n. 55343 • Gentlemen; Rc hereby submit the enclosed management plan for the Rindslope Apartments for your consideration. The hindslope Apartments are owned by a limited partnership called the Nindslope Associates. This partnership is comprised of The I,inn;sot.a Chapter AIA, The Greater Iiirneopelis Metropolitan Housing Corporation, and The National Housing Partnership. The National Hounds.?, Partnership is a congrrsoionally chartered orgcnir•ation en;r . c' in the .....,,.ship and the rnana•._rent of the housing for low and me^era., income citinone, ':ie have vast, and very successful, experience in these endeavors. The principle that we are dedicated to is that every family and person :is entitled to a decent home with equal opportunity, regardless of race, creed, color, or nat.ior:al origin, and economic circuaatehce. The National iiousing Partnership is administered by its sole: general partner, The National Corporation For Housing Partnerships. Re are extremely capable of marketing and manogi.ng this property as an "ounor•-r,anagcr". In our opinion there in no finer opportunity for succcncful property m:aa;pcaaant than ooner-menaced. In the Cairo of an outside "fee" manager, and rehire there ere many excellent firma in the business, their primary rcoti.vation is their fee, whether it be a marketing or management fee. In other-managed property, whir:: thrcc: fors are needed for Centro ed cp ration, the co:rmiLment is much greater. As pa:i of LhG a::rling partu.:rahip, we are fully- co,c.,itted to this property not only during, our r,anoroment tcrur::, but duri.sip the entire course of the prep::rtv's life. Due to the currcnl tax lanai, any sale of this pro_,:rty in the immediate foreseeable futu,•., in not fancdble. The above montioncd ruinous make successful marketing and operation of thin propari; I p r::(.Lae. Our lone; term ear n;t:Imnt and the cO:.:mmiLy'a overall interests dictA.0 that prayer rant-up be achicvd thron6h Lborouph appL.c;:tion and scroan.rng procca•(h:rc:. This property will be managed locally by En. Joan A ndarsor and myself. 11s. Anderson i:; the: funarr :Zesidant I;anegur of tl:c Prierhill Ap;rtn^nbs in ;id::n Praises. Shr hcla done an outstanding ct; Job of corr;:cl.in„ oxisting nu.n;:(,L'uaut prob.Ewea. This eeL:i.c,vew:mt, by ;,ny ntan,lorda, is an nonet t.o tile: co.niunity. ✓; 1'1; -] • ,.l , City of Eden Prairie July 14, 1977 Page 2 7, .• .- .,.ir'.',.;fi-•, 't: My position will be Property Manager. Since I am a Twin Cities native, I am well versed in the local apartment market place. I have had approximately five years experience in the management Of all types of property, but have always specialized in apartment management. I hold a State of Minnesota real 'estate saleman's license and am a member of The Institute of Real Estate Management (IREM). IREM is a National Association of professionals in property management that is affiliated with the National Association of • Realtors. I have been conferred with the designation of Certified Property Manager(CF}) by IRFM. 7y' / L. • M vin McCarthy, CFMMM P strict Manager National Corporation for Housint, Partnerships 16)1 Plymouth Avenue North Mpls., Mn. 5C i • • r•: ',It a - 1 WIND^LorN BASIC "AVACEM NT PLAN The following is the proposed basic management plan for the project known as Windolnpc Apartments and identified by NOFA Project No. 75-003, in the City of Eden Prairie, County of Hennepin, State of Minnesota. This Plan is intended to set forth the relationship between the Owner/Sponsor and the Management Agent and to define the responsibilities of the Agent in the conduct of the business affairs of the property. Unless otherwise stated in the'plan, the term "Owner" :hull refer to Windslope Associates and "Agent" will refer to the National Corporation for Housing Partnerships. STATid:thy)' OF ..'PA,,MEJT POLICY National Corporation for housing Partnerships is a congressionally chartered orgunisaation engaged in the ownership and management of houoinf; for low and moderate-income citizens. It has extensive :tuff experience in the manaporant and operation of federally subsidized hot::in,'; facilities for low end moderate-income families, elderly and hxndicanr.ed hor ors, Ie;-ir,^or_e )errors and families requiring rent supplement nuhcigic::. It is Oodic,.icd to the principle that every family and person is entitled to a d._,re ,1 hens with equal opportunity regardlces of race, color, or national origin, and eeeoomic circcactxnros. I. PFL TlP TP 'prT`: ", CrNEI.i AlT F.AFACh ':CT I.CF,r, A. It is proposed that the Owner agree to the delegation of authority for management of the project to the National Corporation for Housing Partnership,,, hereinafter referred to as "Agent". The Banat:oat. Agent (National Corporation for Messing Partnerships) will be charred with specific perfortance in accordance with thin Management Ilan, :end Regulatory Agency require- menns. The asent will, by means of periodic budgets, fir ,cinl statements, status reports, and I:eraonci conferences, advise the Owner on the o;:eratiam.; of the project. B. The Owner will be requested to approve any expenditure c>receding `Ll,000.00, except in the core of on cr,e;gcncy where time is of the essence and the Owner cannot be contacted. • • , f • • C. The Management Agent ::hall prepare an operating schedule., net job standards and wage rates previously approved by the Owner; investigate, hire, pay, supervise, and discharge all project ' personnel necessary to properly maintain and operate the project. The Management Agent will collect all rents due from the residents and lessee, and all monies due from concessionaires. The Management Agent will furnish the Owner an itomifsed list of all rents and other income on or before the tenth of each month. The Management Agent shall maintain the buildings, appurtenances, and grounds of the project in en orderly manner prescribed by the Owner including but not limited to exterior and interior cleaning, painting, decorating, plumbing, stem fitting, carpentry, and other normal maintenance en' ••c;air work sufficient to maintain the property in first clans condition. The Management Agent shall investigate and make a full written report of all personal accidents relating to the operation of the project arc: aLe]1 1 cooperate alit the insurance camel, .•s to :,.,e any elai:a tiling that may free-., time to time to required. The f•'.ann, sent Agent ,.?1] tnoirtain a compreho.;.;ive • set of reseals satisfactory to the Oer.er and to Regulatory i.nercioa. I. ledger vi]1 be retained recording all public safety eu;.mono to the project. The 1,1anr,;ten.cnt Agent will coordinate its, ;n•oblem.r; with • the public safety officials. The Agent will c::don'.c Opernticn 1.1). t i d encourage residents to participate in any crime prevention methods. Tile Nunes, :er:1. Agent will do everythln; possible to cooperate with • the Pohl de :liltty Dcpericant. The linncgcacnt Agent will render to the Ovnc::•• or: or • • before the tenth of each month a statement of a].] receipts end di:burscvtvrtc for the prior ::.or:II; in a manner aceeptublc to the Owner and to the 11:agolatory Agencies. • The Management Agent will maintain a list of proopoc- t.ive ton::nts and nil] exercise bin bast effort, to renew all l,a;::rn and attempt at all times to Y.ccp the premise:, fe:;^ occupies. The Agent shall main- . lain the ;'•aject in the highest atandard_a achievahle and cnesiatent with the plane agreed on by the Owner and in coo''innwt• with the rcquiremeute of the Regulatory Ag:moles. -2- Any expenses incurred by the Management Agent for his own off-site office or staff will be borne by the Owner's reimbursement of expenses, hereinafter called "fee", and will not be billed separately to the project. Services not covered by the. Management Fee. The following expensee shall not be borne by the Management • Agent, but shall in all cases be paid for directly by the project: 1. On-site manager, 2. Cost of apartment or apartments for on-site staff. 3. Other on-site staff, such as clerical assistants and custodial staff. 4. Legal and auditing expenses, finance and • accounting materiel: and services, tenant rent payments receipts. 5. Maintenance and repairs. 6. security personnel. 7. Cost of preparing annual financial report to HUD. fl. Coat of lock box service, delinquency notices, evictions. ga.n;a for ee-eutin.r- r:lee:Lent Fees. 1. The rssesgci ant fee (Owner expense reimburoc- ment) shall in all carer not exceed 5",- of gross collections and shall not, in a:idit;en, include eeleries for the Agent'_ repro eete- tive, hie assistents, secretaries, or other personnel rcces:u:ry to properly n.nnage the developenet, together with all expense attached thereto. D. All social service programs shell be instituted by the Real dint Manager under the supervision of Lee Property Manager. . The keeilent !stinger aill. refer residents to a do:;!gneted coeisl c.crvion provided by Hennepin County when deemed necc_..-.•.ry. E. Day-to-day decisions concerning the selcet.ion of tenrants, hirine of peroownl and the eencrel operetinra and en!nl.eneace of the project shall to done solely by the Management Agent. -3- • F. The Management Agent will maintain a separate bank account under the name of Windslope Management Account. The funds in this account will be used for the payment of all project expenses, including mortgage payments, escrows, administrative expenses, operational expenses, maintenance expenses and other expenditures. All deposits from rental end other income will be placed in this account for disbursement to various vendors. All checks against this account will be written from the central office of the I.:enagement Agent. II. RER.^,O[;PIFL tdl?,111Y A. The Management Agent will give a priority to qualified residents in the hiring of all personnel and will make available u]1 pertinent information such as qualifica- tion, reimmeration, application procedures, etc., to the resident councils and also post this inforrr.tion for the total resident community. The Par:nc•v.ent. Arent • will also a.;sis:t the resident councils to obtain all available assistance from local and fedeir] l rogrc,.:.; ti.::t. provide job trainirq; scholarships, small bu.siness locos, etc. P. The tt:.rcint: pattern anticipated wi11 be na follows: Jab Till a Nurser A rprox. Resident 'Tanager 1 89,600 Office La iatant 1/2 $4,c>✓J Engineer 1 89,159 Janitor 1/2 £3,00:> Oroundsran 1/2 L3,503 C. The Resident linagar and stnff will be us:I :3:: •d by 'he Agent, who is well-qualified by both experience and education to do no. her available, project i•esne;:r.el will be tacour;,pert le take management coursescn etc+'. 1.7 local nol],rges, Estate roar do, l'Lr 1:;:iit;.te of Rca] Estate rraguceit, or the Rn Lions] Crater for ]lousing P r.^gaccnt institute. A. }rims: benefit.,: for each employ cc will be croci_!;1(nt with similar employment in the industry. E. Employee:, will bar cneouro,ped to discuss any problem:; or • grievances with the Resident. Parr.,per, who will, in turn, discus:: ouch matter:: with the Agent. • —4— ') F. Employment, termination of employment and promotions of on-site personnel will be handled directly by the Resident Manager using guidelines provided by the Agent and with his approval. C. Within the described staffing program, the Resident Manager will have authority and responsibility for organizing and directing the work of all other on-site employees. The Resident Manager will be responsible and accountable to the Agent. • - III, EQUAL, OPPORTUNITY percRAi; A. The Manager: nt Agent will. prepare and place advertisements in local nc•,:air:pers, including those papers which reach a predominantly minority audience. The contract :i::e and cost of these advertisements will be reviened rio:°i:^c]ly by the Man:.4,,,,,:ent Agent. All signs, ad:;, and will displey the Equal Opportunity Logo. R. The Resident Manger will contact individual:: aid community t-roupu such as the local Chamber of Ce' erer, Welfare Dopnrtmcct, NAACP, Urban League, ann cl'::r.; have shown an active i.nterest, and will cLcnart:r-: tL:; tc make direct referrals of agplicnnts. The „ r:i]r 1al.r such measures as ray be required to encou:•!.;•e , ,.-. the occul+a:r,c:y of re:idential units by me:ai•ere if n,i:.^rity groups. C. Compliance with applicable equal ol,portur.i'. will he furti:cr•d by the continuing affirt.it-,ti'ir. by tl. Management. Dent to comply fully With all la... icrt•:ir. rd to equal opl,ortunit.y. This affirruation will he co:re.,rica.ted to all employees and will continue to be a matter cf iulicy for this coc.pany. IV. REFIlDWP KtICTr1l T"'1" AN") O:^.CV.P pCY p!lot'itiWRE A. Resident selection is perhaps the most important facet of the management function. U. The Resincait. Manager will require formal appl_iention❑ together with 1.he required verification:: of age, income, rental hinter , character, and credit r•ofcrrice::. The references will he obtnincd in writing when poc::ilae. • C. Application:: and nupportint documentation will be accepted on the appropriate I,;:alatory Agency application font: and applications will he checked for eligibility determination by the Resident Manager, —5— D. Inspection of each dwelling unit by the Resident Manager and the new resident will be scheduled and a check list of condition will be signed by the Resident Manager and the resident. An information brochure will he provided the resident with instructions for maintaining the equipment and information on other tenant-related informrtion. E. As residents nre accepted for occupancy, the Resident Manager will conduct en orientation session with each family unit. Part of that meeting will include dialogue with the family regarding their interests, expectations regarding • their life on the property, and needs and willin;;neas to participate in the community life of the development. F. All new occupancies will be scheduled carefully so that access to the buildings is available with n minimum of delay. All new residents will be oriented to the apartment, the comeuni t.;; nod to the management staff prior to occupy- ing an apart;: nt. 'specific rules andrvgulationn regarding the requirnc.eft.s of The Preserve will also be discussed at this time. C. ]to pets, recreational. vehicles or exterior antennas ::ill be permitted. R. Residents will be placed in apartments of appropriate :,i;:c for tie co:,',o:.iLion and size of the family unit as ''oli:na: Pedrocm Family _ e (maximum) 1 2 p 3-4 3 3-6 I. The business office will be open as follows: Ronduy through Friday - 9:00 a.m. to 5:00 p.m. Saturday -10:00 a.m. to 3:00 p.m. J. The resident will he required to pay the first month's rent in advance and a security deposit. A pre-ocedu;:cy conference will be hold with each resident at the ti.ee. of the lease ni•Ti.nr to insure the resident underntcn::.; all provisions of the lease and the management policies. R. So that resident grievances or misunderat.audis concerning the a.adrl Ic• .e ,:.ny be minimised, the provisions of that 1'.:'.e wall Pc espinined thorou,rhly prior to :'.e time the lease is signed and each tenant will be provided with an original signed copy of his respective lease for his pen anent records. -6- V. 101Alh'i'i:111,NCh; AIm lii l'A1R 1'RCC1iA`"3 A. Scheduled maintenance and repair for installed equipment will be accomplished by the Management Agent in accordance with manufacturer's recommendations and the requirement3 of equipment operating manuals, Comprising a large element of preventive maintenance, scheduled maintenance largely will entail. cleaning or replacement of equipment parts. B. The Resident hl:rnager and -staff will be responsible for the following mnietenanco functions: 1. Routine repairs to the kitchen apisces, eelectrical. pltunbing, healing and cooling :p;a ' u n r< ous other maintenance requirements. 2. preventive maintenance inspections will be made by the Agent tc ascertain the condition of each unit in the • develola:.ent. Any maintenance proticc cli .cn ern! during thi;, annual irapcction Hal. be repaired at the earliest possible time. C. Exterior fainting will be carried cut as rejuirr'd. ?itcrior of individual unit:, will be redecorated on a ti:r schedule, or as occupancy chances, or as the Agent cc,: it necessary. h. Carb•rrr rea„nl vi.l1 he carried en t a e=t to be a.cst ccrnrr.mical end erficiest The ! rrat scrabii i wit-, be st•:e},t. dai'; ` Id. All mainiellar.c•e cu:rplain'.a wji] be rcpor.',m d.i roc tl;; to the Resident 4i3r:agar during; office hours. in ccae of :. rvice emergency after hours, a twenty-fee r hour .u.r..:::lr.l will be m antained to notify the Pc eident ".:,.t.:,ger.. 1'. Crounda will be cnintaineu in accordance :ith Band landscaping, end gretundkeepi v procedures. The R„ci.:ut.t Ranaget• will be respermible for the maint.::ini)i' e plant::, t:recc., moxingof priers;, irrigatic: and f..rt.ili .,:Lion .uh . of lawns, hcrLinr- all groundsfree of wcasi:r, ij t''` ' d and paper, l�riwountys and parking urea till ,L ,.,ir;,, in goo:i repair and free from dirt and Li tier, C. All common tmoa;, ouch us hallways and lnuudry r,..or: i.ill be swept and cleaned and kept free of trash and other debris. Il.. liccidentn will to c•rrcouraged to report maintenance problem!: dim:i•t1y to the Resident !•lounger, who will record the complaint in duplicate in a suitable Iedgor, gine one copy of the :.cr;'ice order to the maintenance p.•r on for ttmc-ditto allot:t'ier) and retain the other copy to determine II if the wort,. has- boon completed. if outside help in needed, the lierident h;anager will cr,ll in Meal stub-contractor:.. VI. BENT COt,1,ECTTOO i lOCtDl1Rti A. All rent will he due and payable on the first day of the month; however, in no event later than five working days after due dnto. Method, time and place will be made clear to the residents. When rent is paid, the Resident Manager will give the resident a receipt. in accordance with the fiscal, system employed. B. Rents not received by the fifth (5th) of the month are considered delinquent. anti-will be dealt with by personal contact by the Resident. Mniniger and a written notice of delinquency vent before the 10th. If rent is not received by the 15th, legal action will be started for unlawful detainer. C. Partial rent payments will not be accepted. In cases where the resident is receiving a welfare or Social Security ebecl, and the Ste.c;, 'ant hgent rer,tires tic:! the rent will not he paid until '.hie check is received, the reridebt'n payment schedule will be arranged accordingly. • D. Th.,ec faoaliec found to he having financial prellei;s with the payment of their rent will be referred to an approprinto scciel agency to seek await tanco in remcd;,inl their prob]en:r. VII. 'IGANC1;1, ACCrt':,:IC An , Lrr,'_- A. Aside ;-sw:id i , nnfe and ,ni:iiall be-A,, t - ,..tome: good social and roer•eationa1 i:reptics, and n ti-c rclntionr., the .:a: Bement. ngnnt set also _,.it:'.. i. finnnciall,y nt.:lle prnjent. The ^ucrrrc of lh and the ul ti:rnle well bning of the residents ere diree'7.y t i to a stable and r.i:.iso cash flow. Coed somH mitt S:ir,,, :•relictic rent, and 1,rrventive r:;intennnce, all ace.;lc;:cr.t and are na-c c:.ry if tin project in to succeed. All recordn will be maintninod in accordance Pill, tieritlatory l orry and Otter royaltvv.c-ni:;. A ro:' let,. et of these requirements will to readily nv„il::blo it ;le P':n::Ilem•nt Peed . eft'ice or sic-rover the rrq.,tr, rc, are prep::rcd. /.l.i perccr:n respnr•ib]c for r.uan norr:. _:i1] be Isnowlcdgcahle of the rcquir•ementit B. Tenant cestifienlions t:nd annual reevrtifiitsIioas will be obtniit d by tic lies;ident T, ,bnger aid conies; will he ex,intitined at the project. office. • -B- VIII. 1a,:S1 D:t:T-1,,AWIIa•'I;KT MATTOWIHIPS A. The Management Agent views it desirable for the community residents to organise into a council or association to represent the views and concern:: of the tenants. It is felt that some vehicle for tenant. cohesiveness is vital to the functioning of the project in order for there to be a forum through which the tenants and management can discuss and understoed their mutual problems, concerns and objectives;, and arrive at-agreed-upon solutions to shared probltrs. • D. The Agent will actively involve residents in the planning of shun;c;e, in munngcrscnl; policies and practices. This acknowledges that residents' ideas rind priorities can result in more relevant, sensitive and effective aanegemert policies. It else recognizes the principie that "perticil.atien bring.: coneitmcct" and that, given an opportunily to participate, residents will act to improve the quality of life in the housing community. C. ?Jhethc,r.or not the m^idents are organized, the P:ura,"c cent Agent will insure: that all project employees dcr.:onatr.ate a behavior towards all resident_ whieh denotes respect for residents, both individually and collectively, r.0 U their abilities and rights to participate in fcr^ i; i .,.. t. implementation of policies which affect their lives it the propeued dcvelo;runt. D. Tenants are also rare to unnerstnnd cnn,egemce't re]icies on monthly rent ;,,'e.'ntr and that any dc'lings:'ni cat. } •;; • meat.; will i:r.:acii;aoly place their tenure; in jeer:.r:y with Immediate action being taken by rcanareiner:t. IX. fl r11.l, ,r:!tr;?('i: °f A. Constant contact will be maintained with the apnropri:.:to municipal :fancy for social problems. The Real dent Manager will net attempt to replace or otherwise doiirate the professional services of community ritoncir•::, but ray r,ervr an a supplement to existing, services. B. Open and free lines of communication hole'en mane;sweat and resident:; ci11 be eeteblIched. Suggcrt0One :nf reCc::'xcndatiorr: from the resident:: will be solicited and then ::oven into the overall Social Services and Cirunsol leg I'rogr'au. C. Recreational - Hobbies, sports, g unen, crafts, and other forma of recreatien will be considered in the tote] 0regram planning. 1'hc agent will encourage the formation of a resident committee to plan and implement recr.;.,11enal acticitieo. -9- • • H. Health Services - Lucre communities have a network of I, health and medical oreacieo, but current knowledrc of . I these resourcesi is required to advise on clinic hours • and coata, specin)i. d irerviceri for the handicapped, procedures for admiSS.t011 to ,10:11,1_tin it, home care for convalnecento, etc. The local honith office cc will be contacted for asuistoneo its locatinr such renourcen. Medical services for residento on public welfare (and any other residents elirible through the tate lico)th Plan) will be IV forred to t'Le local welfare deportment. For those renidento over 65 years of lige (over 62 yearts of are for worsen) who need medical service, referrals will be mode to the peareat social tlecurity Office for Medicare. • Activities in ehich a health examine:tic-no or medical service in to he connected rust be properly putl sod to insure rood attendance. Transpert;etion Tarry ks, revidosi iy mare-Icemen t to residents. I boa]Os consri I.tine sill he represented on the resident council, if posmible. E. ConauT7pr: Education - Con:!::ani ty cc tion ogcnic i co and other local croup, interested in condusscr Frolic= which have programer in cons;smer education will he contacted. Vften there isact'ft hccsson who can social tic orgshis sation. in setting up its; own progress. Some of the topien Atoll could he covered i-yslode looming cirerc Ste hest ieslue:, are, orlectirc garoir quali 1..erehr.ndire fO7' tiro iersot oey, 1;1,dt:ratan:tin.- tael:nging Is sal ecirhtn, learning to key wisely on Ilea installment plan tisri curl- ing 'exec:so:leis ins.crest," eh:tn.:es that take wivantrige of the poor. F. Job Training - Although increases in family ineosse fro:, jobs for youth help, in tire long rat , it is the 442:-05 of the family 1,cad th',1, are Morn t I.ortaNt. !loner, U ti!I rir for good jold.; is no urpent ni•Ce. Tice head of a household who is onder-employa.r, or who cannot seem to keep Si job, will want to obtain; and keep a rood sloh so that he ez.r, better support. his fsnsrily. The folludirsr are ways More under-empl oyisc, people cr_ci pre at re for tend find jots: I. The Agent will determine chat kind of training resi dent.; nerd for jobs; in order to determine the kinds of tn.:timing prsosssrsrs to rants),. Tlia will le obtained through the use of a specially dessirned form to le developed by the Agent for this nyeci.ric 2. Tho Agint Pill constrict van•i our; I local t fling fnsci t les for employ:tent soureco. Ineluded wi be tine :ltate amislopthnt tlervice Office, the feyart- men t of I,si I'ours pro:,ram, the Cowen t ml ed Employ- ment l'regram Ci tier; Erergam, Communi ty Action Agency (CAP), ;ion rd of Eilueati On (for yeast scsi and hrss) educrs Li on programs), the Voca Li on:) larthi Iii ti on 0,4rOtio, etc. • 3. Residents who ore working will be encouraged' to ask their employers what training is offered and how one can become a trainee. The resident orgeniration end/or management will contact reprenentntivcs from local. factoric and businesses about training programs offered or planned. National Corporation for Rousing 11,rtnero iipa iI • I -11- / r • / + I. I• , .,•,1 t,t t.� .III LI I ;PP.t I i I. I I. : .t• ,i;'.! ,!1;C. Attrtclled i3 the United state:; Dept. of Housing and Urban Development Affirmative Fair Housing Marketing Plan. At the time of thin fours nub- mission, Eberhardt Co; r•;.ny wan the Proposed mnr:agemcnt r.;renl. and, an t.hie form wan then accepted, it will be our Affirmative Action Plan. • • • • • • • • • jj .1 • • • • , ' ' • • --•• • • r .. / ( ( ( MS...11'61,11,1111 t1t 11,111..1“,.A111,1,11,A111,1 VIII •/II (I/)lt 11,4:1-I:I I:.., AI'1.1104.11V V.FAIN 11011.7.111G MAI:13:1 Ir.C. l'I.A11. • r . . --- Ai•lot,t Art t•'.lino.11.,0t,01,1'...A1,0 lir fruit,. 1,11U.1t:t., Oil Avi,ILA((lot)It1,1,111.-11 . • they-hard( Property Man:women I Company • P.O. Cox 13C.5 • . ..A(1 l tillf A P75-0(13 . .. ull(.,I A,...1 Minneapolis, Minnesota 55440 • . . Sec ti on 8 , ili,o ,o,,,I ov.n)i(") Ill VW...WO:A LI 1,0t.,iNt; - Cif.itt.Jt.TOOLS--- IA Until.,1611.11717-I S-..- .. _Ilitidslon,a [-den Pro i ri e__ ___ _...firr _ 1. prizr-cr(orr or /...Alig.1:Titlf. ACTIVITY III,,Ww.l.liill.titi.g Regulations zetplite that eat h applicant catty out an affiehative piog.r.iiii to:Alia(l piospeelliti liovt•ts or tenant,,of all IIIIII0III V inod milioffiT IIIIIIIII,i In Ow llousint.• SLIte',Audi 1.1i-,II.(••), in you:jig:I..stool, ate notir.ally ini.likely In apply for the housing vet Limit I special oulteacit because of faetais 'Stall as eKistnigoeir,hluillio,iti 3.14:111 0:CtlirliC pa lIt'1,1!., wife,and other 1;11:1015. The grpr)s on r;-.a 11 v nil IT I v 1.n ilop,12,,_f or_t_h_i s_l3O W,i n.ELs.l.r.e._the_13_1ack..S_.__Sr,,aai.s1L-.. Ameri citns, Oriental s, and American Indians.- 2. MAFIKrTIC,(Toro:Am — . NOWS,,-4,:.01; (.•Ii.pfr,titr.-,rt fregnency and dt•scFlption of ul,t•) (tilpia_ilther_td.Sing_in_nallr,pappr_to_ba-_, EletCed in Inca 1 Ravers c.o;-.rie nci no i"onroNinakily 90 tia,vs_prinr to_cfrop..h...tion_.o.f_firs t avai 1 a',11. on', ',... Al I nr;n5i rt,i,acive_r_tiselnnts_shall___induc12._cnInainent_ust..,_of___— Equal lioosiro Ooportooity logo__ _. It,ti,..;oo',TV (Iiiiiti,enati. f•cc Ill/1,, Inns!drAC/ipii,//Of II:.L) T t i s not cons i dered ti-,;i:. can in or televioo :1(!y : vri 11 ba v...arranted for the al;c.ve re ferenc.ed_iwoioc t. ----,— __ -- — — . ----- . . lirochutes and Signs (Inn lose t!...scription or,who,fos A alit.,topics,t11.-ift..: or piCt11,CS.)Sicric i din tif_•,LL,;jrj_ _the project to I he nu:)1 i 0p00,-;oni t..• I;to in t a If i...:,d,. 0roclIor a with Epaaii_i_c_in.ionnati.12,13.a1.1o,l, t'i.:_a----. _p_rn,iff t. wi i 1 t-e la r o e,i red (_ 1;p_l_Q__a_t_tia-..13d_)__, 1 co,:o.,onin. cont:ic Is (I.,•t otno ,,Ii,•tr.to hr renteicted and detinrib.,non ISA of conflict.) _II ien_rc:2,mi_z_a_tio!It__ that yui 1 1 in con 1:lc t ed a IC I'nit ) Ci 1.i es, Mi nnoiumth, Urban 1.i..w11g1-11inn2.•:a.po 1.i...;._ 1toiv.•i no and C,,edovi,I,. ,n t Ad;t ilor IL),, 1;,,,C,,,,ivill coon I y !•••oc_i_itl_..ery i ct.ls_Coe.f..P.I.A..::-.____ i lei 11 h- r it'a vi a corr, ,,on.lenc,,. and ioa r'.e nal ;.".pp.',1.arancu'L—In1 orm_t_i_nnal_a.;‘.!.. .r.a.r.f...es , .. il-iv., proved vory honef i c i a 1._I nv i 1 a.i.111,...;,1„....totirl:_...f.orQp1...11_11011 ....1541:1C_Li.un_I-ill___ 1 he of Smile A.1.o results applicant ieasonally exports in tenn0 of oeciip.iney flom !Ted:11 OlitiVaCh efforts: j_t_j_s__ ., '..(.:XDL2C..1. 1_thahr.011011_.1.110!. .L,f_lori _larr.2__Ir..:::lbar..o.c_mi lio.r_ily_pow..ant...wi.i -- i 11i.-2_hou:..i.o.:1..nrwortuni t i Ls.a 1..,:l ind.s.lopo,.___Lt_il-o...pec.L....I..- .that...for a e.:e2il._r,l1::Pa:Ir o I persefts•,._.1.1:e..oevirlon I.tit-CI t_1.:.i lici:41.oc:o-Lti 1-1-4tr,v.4-v.;-o-sons It ow tilt i' IP v`I• c i!IL, 119-orrlii _, ,c, r.t I or t,23,24;2_u.!,,c.c.t._a....`,.:L.D.i_nw.:.i.i,r,Lir..c.ur,Javr..y___ at Ili 11th,I opo. b...!...Ciiht•the 1•.!;tit,i,linr.i.,.,1•,,,In, you iiiitnol In iow in fillinc.,...•olo•ion On,,,,,Itiforilly proire 1.,fa!: they occur :if tut(Inv putted 1 ,,,l'oc,, f.'")",...01'i'd• _root i.1P-If.1(1....iie_o f...1:rochuros...Ili ow._.nnf.i.).!pe..._1(iv..:it i s iiienL...indpertiona I coo la(i wi 11 .in...,urc.a.via i t inq. I.i .1...onco..full.otcopancy. if. ..1t.i.. iy,,,,' —___._. ........ ___._........._ . ..._........ . . . . . . .. . . ... .. . .. ..... . . Two 11'..2C In 1 1 • (1 t 1 1:r•d,c( I.,.1% ArII I.•n•::pon•.ibtr Inr the m.utetii%r 1,1„l:1;.0 Fbcrhardt Coin any Will be rejlpon.ible 'I _t0._0.1.1_ facets of the..marketi-n9..PLQr11_?+_I.,_ -._ • Rh.4 o.ie::ezpcnevee ill- cc r.,;nl:VitIII,1,1c:.r.(uUh' to a 1aci.dly and Olin i ally v:rnrd p„ptii. on? _Ebia-)!avi.t--. i .Coillhany_his.flat ac;cd and__clarCctccLpcnper.ty__ill_the_1I1nCr_si_ty_n_li t 1ltS.(551.ulJYJQC. i 4he_pdst._sl.x_.(.0_.yar E.._ _ - - i 1iri:a oanpaay ,ill lies crsrvu:iblc fo1 ',At,:e1 inilial and cuntiuniilt•,nrnb:l? Fherblydt t,01nt1ali1' r,7111be> J'espnns.lill.e._fttr-the_i will a_altd s'..aAtittucd_natiou+'l1flt il.ltd-rrtital of_th_fll_ttr ilc` ----. i l _ S _ .roject -__. T---- — - - i Qeacnoe 1,11, ti:,inunon hiun;;policy :ipplicn'.dc to:;t:ff unpaved in sale or rental of ope tie s urn;indicate pteseat r.,cial tuiv!anon of':,ot<:;;-rcnt.,t !:t;rff. Eberhardt Cohlpany_ is_anFquai Opportunity.. _e iplcvc C_a.n.l_adh.,:'cs_ to thei pr it ices of the Fair r How:0_11,ms. Eberhardt _-- Prcl;PrtY_L!a; 'c ..'tti Cot.....tny_J1sLs..JilO_ltt I00.(t11L1oy_ces- of which 4 are rllnarit -- _ llf CSD115 ._-_._ -- - - -- - -- Indicate r.,:abet of ad,110w:11 ilions to be filled in stir::/rental stall. hod denetibe!.tops a•iticu have been of wiil Ie•lc':(n to recruit f:vn loth t0;:iottl•:teldininotity el cops. • Thet'^ 1ti I1 f• annr ox iP,a t<l i, lit addi tio',rll c, ,lov n; hired as onsi to p^r.nnnr 1 _ 'hndsle:` ' 1111 riicluli ( plo s flizi the t:,i( it pnpul at inf. as iTIrh %s_ t:OS•s;ll. ;-tt,,rdt_C 1 ' -_,clli_t• .�a - , l_I.Inulull _nt, Opp rtiuult -..-tnuose:,copy of i ls(rucnons gi%ento nIl employees ceI••ardinl cumpliiolce with local, Stale and Pcdc•rd f;,ir housing lawns. J:•sc;ibo Lain int i'i,c•n to al! o:nplovoes ce;:udinn i:nlduocnlalion of fair t,nus.int•.l:,vi end this eihnanti:e fun hoirtinr rmltclin,.pion. All stall vri 11 be thot onr,hly trai niid in the Open llou,inn taw( and -lt)itclO:PottuniI ! I leis [ ub peripn-1ri11 have copi e,, of the .! lr i, w( 1l as I>ecu.:iv O r 11(Wi and 1 i Lk, Vitt of the Civil 10rlht, Act of 1(.1iiii. 1: cow./,of thlsfr.ir iartc!tingpl iti tlii1 bo supplied to each e.l loyee- 4. Solicitalcou of l.ho•:c rrro:lea Iv Hui). Wk.;tation mitt I;' 1 yl uutl cT b•n it j 1 rt cr.vt,or.s- COi TACT 1yoTtncn(Si ' )•1111-reterrnls--b,-HUD .•(i11 be dra1ttn[liby direct rtai1follol,:`d by tel contact.: - i 5. Plr.',e descciue other c limo:.; la finned n: pall of yont outroach program lint ndenuatrly covered op Iris (-mil: _FdliCittinn-.ir-Lh2 War.i_ta__U0i(.1 di•criltination )-n.r.t,_nl•.(itingofrental unit iK .--- _plaun^_d___.ins',.ruc_tiont•_.tu._,t,alThS__1.0 dc•a.l..ii!)_wi_ti_t-oilrri1'ol_pra. a,'ct_r, is .part__nf_nnr^,aL-ail catlu11_ __ 6. The;ppttca-tl a oe+, to male any ctm ii ::in a pl.in eo,ering a nwltiftnhily project %cinch may rra::ona',1y b^ tequiled:fist ii:.lial lent-up to,an.it: cnatinucd tont,1l.wee with Sc•ctiou 7ot).('It of IIUi)':• Afh¢mtive I-an i Housing`•1•.thctatl;ttegu1Jtion:; l OL7nl_7,t - f - - _•_... -- //a1r -- - Jlgnarnrr Robert l'uurlon (foci; r, (/)rl•0 tont) • i p.pperty Snimr'vi;or rid;, i 7/76 Date i FORM F1AIiY.tTiRG PL 1 The Minnesota Housing Finance Agency (1.11WA) requires each applicant for a mortgage to:a to carry out an effective and efficient marketing program in order to ensure a satisle:- tory absorption rate and avoid a protracted initial rent-up period. This Marketing Plan will be attached to and form a part of a Marketing Agree:Ant, in form approved by hNFA, to be signed by the Developer/Sponsor and the Marketing The Plan outlines the marketing Agent's overall proposed strategy for the development and will be updated prior to opening the development for occupancy to reflect e.dditior:l marketing Information then available, and to include refinements to marketing stratecj. The updated Marketing Plan will similarly be attached to and form a part of the ParEc:• Ing Agreement. Any changes to this Phe, or to the updated Plan, will require the pr;,, approval of OIIFA. R Windslx'pe — Number of Units: 168_,-• •�,-..___._...- ---.__ --(Development) - _ 75-003 Nw:Acr Market Units: (Min I.n.) — kasr/1•'rm,c P:ri.c'y S L.^t i.m.,d Drive Number Section d baits: 168 (Address)- Alen Prairie. it 55434 Percent Section D Units: 10J4 (Locality) (Zip Code) kitnisl�pc tmroci a:en (Developer/Sponsor) --- 1. F148KI-llkr AGLttT Name of Supervisor for Development: 15sin t'c Catchy, Liccrie l:osier Firm: Rational.Ga,lxn-atiian fol. noosing I'miii,, ships Address: 1611 N. I')yiout.lt Avcnum, Iiitmenpolis, 1:inn:iota 55411 Telephone: 612/522-1133 Ii. DIJ1N1110: or I'A1i2GLT A. Geograpphic Area Define geographic area from t.hich majority of familice/indivii .,l'. ,:i be attracted. (Please provide a mop outlining primary marict :nr•.) (Attach as lxhibit A.) `H inner illy;mud,ndui uvcloping t,i.cas. 11. i eengraphi,s Provide d.nogr.gd,ic.drseriptinn ut fm il le:/indivWinds 1ivi,:g arca ,h&,ei bed ,,1,,;e idiom you intend In attract to this dev,ae; nt, i.e., age. 1dc.':o, ,,,,rp.aiv,t, lei-alien of es,p1eyr.•ut, l.•nily • • - 2 - III. CO;;IY TiC( Ol Vi i 01111 iITS_ A. Competing Developments (List names and addresses--identify on map end attach.) Complete Attachment C for each competitive development. Briarhill is only existing subsidized housing available in Eden 1'rsiric. 0. Comparison with competition (Compare the general character isitcs of the toape- • tition with the proposed development as tel Location Pahwntajres Location Disv_kstayrs Mastic, rural envirmrn.nt Distance to convcniu se Proximity to Patin Prairie Critter shipping and pJ'lic transportation, pub]is cervices, hospitals Site Advantages Site Disadvantages C en space, nice landscaping plan Dist-aye from scv.t arils to parking General Advanlaycs General Disadvantages , cnitios available n the '_rrerom SpoeificOnitAdvantoges Specific Unit Ilisad:!r!;a;es (ram dosian, rot'crate sire Small second 1rdreav in radti-badtoa.,units IV. FI,LOF dD 1;Ol O CU1Il'I S. Ill DI VI I'JPI1!IlT PROl'OSI.D CIIANGLS IW RIOT RIO SUOSIUY ALLOCATION IV UNIT 1YPL. i'LIASL IIIU]tA1i: CORI:GIS YOU fill_ ARL IN.CI.SSAIIY 10 I.IT111.11III[T OR SUI?Pf,SS INC coal11110;1 AND I I;StIRi: SUCCLSS[l:L i:1I1r.L11NG OF 1111S ULVI:LOI'ifLI1T. (111i. iNt;AG1111 h is) I I V1111 IIII Al1clulT1LTUItAL ri/jS AND SDI LIFICAl IO:15 ;1102 TO f,';- S11I.RIUG 1111. I Olt 01:11;G.) Rrot Ft nnrv, if .qny: li,4ie I'tndu.t Changes, if any (i.e., amenity leve?, storage space, vit.): Suh.i,!y Allo!otinn (loon. if sly: • :1i i 'i' 1 V. MARrfl,IIf 1Hi.4'L P:".I FOCIIS A. Describe the character or personality (image) of the development which will be used in your marketing effort. (For example, "The right place for an active, young family.") B. Describe the features of the development which will be emphasized in your . marketing effort. to nnitiee available in Preserve r•crcaticnnl center; rustic aural cmirulmenr• VI. RESiDrIl Srt.FCTiON PLAN Complete and attach the Attachment D- - "Resident Selection Plan." Please ccn- a tact the Agency for the wont up-to-date income limits. Based on a review of coripeting developr,cnts, a review of the architectural plans and specifications for the proposed development, the projected rents, and the "Resident Selection Pion", .he under;isord hereby certifies tr, the subject de- velopment successfully can be marketed (achieve _ ICO, = occupancy with;n approximately_ 5 __months after completion) in accordance with the Ilarheting Plan set forth above. I IIBIT A It is anticipated that the majority of the residotts attracted to t:indslope will be Iron the):deal Prairie area and the nearby cote rrntiLion of Chethaascn, Shakopee, 1 h,swiorl'.:, Phxauington and 1'.opkins. A similar percentage may en le fruit Minneapolis :nd its inner ring • suburbs. tI � I 1w1I11RT It The marketing agent expects that the people living in this geographic area and attracted to Mindslopc will be, primarily, in the 21-45 age grotT. The current average inc•acc in Lim prairie is appro:;in.ately 018,t'C0.00. Typical occupat ions may include school teachers, salespeople at local shopping areas, Pil lsbury Research Cotter (see below for listing of major crployers in the area). Considering,the cciposition of the units, it it cstlirated that. the average f;mtily size will be four. Eden Prairie is located in the area defined by the ltetropoliten Connell as the"dveloping rini '. Population was 6,938 in 1970 aith 8.038 in 1974, 19,000 expected in 1980, and 30,500 in 1990. Major cnlaloyers in the I:dcn Prairie area. Fatrnt Cnrivration Fluid Peer Div. Cnir-Lyn Plant 1,000 Posuncaunt Inc. 750 Stewart Infarsd Co. of Minneapolis, Inc. 50O 1.110 Systews Corporation 500 •Research incotporatcd 250 • Fullxr 1:uairitten lea 250 ATTACHMENT C MONISM/. 11011511.G 18A'(CL AGENCY 1 t014PE11TIVI DEVIEOPMENT DASIC_DATA Name: him.hill Inspection Date: 7'.-4X Address: 1725 Woodland Mead, Eden Praiiie,EN 55343 Type of Building: XX Lee Rise (1-3 Stories) 14_ Garden .112 14a No. Rise (4-8 Stories) Hiyli Rise (3 and Over) • Management firm: Sentinel 11owerint _ Phone liw!ber 731- inayin it Supervis.W-: Fix: .Ticui Md.,. •tv.-;_;;;!c,- - • No. of 111c1.3s. 9 Laundry: Approx. Age .3)057 In Unit Elevator: Yf'S No X In 111dg. lialcooy/Patio: Yes X No Nene Parking - None -Inside X_--Outside Stove: lec. Gas X Cost 0/0.1.1. _1-- Self-Clean: Yes No X Reit igerator: Security System: Yes No_X Frost-I reel Yes Go X Storm Dindows, Screensi -Yes X No None Heat - Gas X Lice Oil Disposali--Yes NO Y. Cent. - Dishuasher: Yes No X Pr A.C. Sleeve _X Cent. Pool: None X Out lndiv. Ilene Play lot: Yes Go _ (2). Community Eui log _yes.— Tennis: Yes X- Roo,o(s) _3 Fireplace: Yes- iio--X None Gas . flood Dorting floor: Closet Spice: (xc.' Good X- Pc•o, Good Storage Outside Yes CarEet----X !faster TV: Yes X No Drapes: Yes Exercise Pouns: Yes- lIe X.. Ba throom: Ur c Tile.: Yes X No Sauna: Yes Co Si Vanity: Yes y_No Headbol t touter Outlets: Yes Co Other ill:Amities: Condition of Surrounding Area: Excellent Good _X Poor .._ Distance from shoppine: Convenience 1 n3./xli 5 tut. Distance (rem public ir,:nspertation: Dos 4 ed.- Marteting: Ne.c:, 31,er: Yes Co X- Brochures/Signs: Yes X No Hanageo.ent: On-Site 11,11acler: Yes Si Co todels: Yes No X Na intenaoce Dm: Yes _X_Go ___ Housekeeping: -I.xC _ Good Y... los: Other Contents: tease Period: 1 yr. then eo-10 Security Del us t: RItuAL PA1A • Utilities Unit tin, Y. Ito. f No. Cunt. Paid Ey E.as n_Te Nils let. Vac. lot. Pat lis Sue A-nt Occu;ants •it 1 102 12 25.5 IY 1 e/4 / -178 0 i'21"' 'i9 1111 1/.5 0 1 110/ 0.1 200 0 I'41 2 1011,1 44 15 0 1 II 42 '11-i/0 0 "el 3 EN 14. 11 0 1 12/1 'VI 3 1'4)111 13 0 1 12.I2 '54 0 i,‘ri BR • Total 11101 0. . .07, - . I I 1,1 Ise,': I ii; Ir: Ht.ri..:1 11 r. 1.. i • ., t• . . f.! . ... :4. t., 4...4 N e4 tee to te4 —t. •• 444 r... . 33 F4.: 3.4 3.4 F3' • •I e..4. 41 8 f... 1. 1.4 na ;.• t . cn in RIet 11 :—. 3, ! .5.: . ;.., c.., .. Il • I( ••• c• I o <-1(.) CY',-,/4, r•t,,,, ,...,,,,.., ,..,... ,,.,. ....,,,.. • ...-,, ... t_., VI :..,. V, TY: 4/ I?: C, i,.... .51 A.,E.•-•? • i:.:. :-•:1.-.1 0....Os 4, ..,i. 4.4 •4.I' ,0. 11 •—• 01{). [0•I— IJI I,1...0 Co 0% r,1::':1 ....—. ✓ . . ..., . , v.: ...':: :1 0. f f-,?'':-• fn,1 li_, .-....„G, L.t...) I -• •-I ..e...,e., 4•14.....j I CI Co Is o I .5,1'1Pl LI , I • ce•4.1..... 4.3 I. I.) I. i./.1 1•1 V/ —1 U•f" .C1 ..,ON l k•.l./ ,0 '/• ..,....- .•.1 l. 1..1 .-1/1.3''13 • .1''.i,V i,II iC IT.C1''S 2. " ; (1,1 1,', el 44. 'G. : 1...4..4:: ‘... 4 I.: 1—: , C•r—,'''', . . . . . . cc'1, - • • , ,,,• li 1 fq k., Ii.. ,, , ,/C l. l../ , k ,../ • l ,.. (...t 0 i, Cr" • • II V.) C I.I'' g 'III -.10 . . • ,—1':'\ t , i.., .., .I I, I t• ••p•I 1. ,•, C • i/ , , ., ,1. ,... t lJ -;••....1 ... ,.; . . ...... ._ .. . . .. .. .. .... MARKET RATE EXCEPTION (Above MHWA SECTION 8 SECTION 8 ' Income Limit MARKET PATE LOW VERY LOW TOTAL --- r -- -- ------ - ----- -----.. _..�..�-----.._--- r--.. ...-- Eff. 1 lht. 1 7 3 l.1 -------------- tilt. 4 22 __-- __...- �3R • i1I 10 58 30 98 Iii R. 1 4 2 7 • 1 9 4 14 4 BR. 5 BR. TOTAL 17 100 51 168 • Persons end families displaced by urban renewal or other public action will be given pre- fercn;e to the exteNt possible in the rental of o„`Is within the Ccvelcp;rnrt. - The provisions of Seciion 162.A.07, Subdivision 10 of the MHFA Act will be complied with rer,srding non-discrimination, the undersigned will encourage economic and racial integra- tion within the Development. Any deviations from the Plan above must be approved by the I•iHFA. • • • • • • • • MEMORANW TO: Mayor and City Couiv:il TRU: Roger K. Ulstad, Ciiy Hona,Jer I FRO11: Marty Jessen, Director of Conrmonity Services / • SUBOLCT: Cooler Bids DA1F: July 29, 1977 We readvertiz.cd for bids -- legal notice Ocly 1.917, bids to be opened An9ust 1, 1C77 (it) day notice required). We'vo • ninvitd" 5-5 co!..dpiies to bid by scrd1g copies of i:•Ilc:cs. .• Bids will be orieoed !ups 19.77 at ?.:00 0.19. Ve''11 taiAlate 6r.d report to you on lucsday with our recorraendon. • i;•: MEMORANDUM TO: Mayor and City Council • THRU: Marty Jessen, Director of Community Services FRDM: Chris Enger, Park Planning & Development and forestry SUBJECT: 1977 Tree Disease Program . DATE: July 1, 1977 EXECUTIVE SUMMARY 1976 PROGRAM One tree inspector to cover entire City, Crash identification program in late August. Problems with property lines and proper. identification. Poor response over the winter from property otm ers. Subsidies based upon honor system with followup. 1977 PRDGRAM One full-time Forestry Technician, five seasonal tree inspectors, more complete procedures, clearer information, better equipment, one full- time pickup crew. • Cleanup of some identification problems from last year, some 1976 tree • pickups. Start new 1977 Identification Program. (Service calls and orderly inspections). More complete and accurate information on each tree. General tree disease information to residents. 3 City trees being removed from parks by the hundreds by; volunteer labor, City crews, and tree contractors. Debris being chipped or sawed to help offset cost. Large woodlots - need burning permits and resolution of 1977 subsidy. • Purgatory Creak proposed for State funded research area. Problems this year, clarification on specific subsidy problems. • New State Law eliminates all non-residential subsidies and residential • • subsidies oa over 5 acres. Also, eliminates reforestation subsidies • • on private land. Alternatives for new Shade Tree Subsidy. -2- 1976 TREE DISEASE PROGRAM In 1976 the City employed one seasonal tree inspector to cover the entire City during the suniner months. Toward the end of the summer, we realized that there were large areas where the disease was prevalent, one man could not cover alone. So for three days in late August, twenty-two landscape technology students covered the City under the direction of three certified tree inspectors. From this point, it appeared that there were between 1500 and 2000 trees which needed to be taken down before April 15, 1977. Since the identification was done in such a crash program; add to this the drought which made late summer identification difficult; the fact that some students did not take the job seriously; and counts of trees were only accurate to a general area, not a specific property; response to a letter sent out to residents to count the number of marked trees on their property and let us know was very poor. So, of the approximately 2000 trees marked in that program, about 800 were not down by April 15, 1977. All of these parcels had to be remarked and re- counted so the property owners could be properly notified before further action was taken. This identification and notification was done early this spring. Almost all of these trees have now been disposed of. The total .umber of 1976 trees ultimately removed totalled almost 3600. Sanitation subsidies for 1976 were given based upon residential land, other land, and a size break-down per Res. Mo. 77-44. Since no sizes of trees or location were taken by our inspector in 1976, owners were put on their honor. We cross re erenced quanities of trees shown by owners with our records and also checked large numbers of trees in the $50 class with aerial photos a d field inspections. There were several people who apparently were mistaken about the sizes and locations of their trees. All classifications of landowners received some type of subsidy last year except specifically used commercial oroperties whom the State required be dropped from their reimbursement list. Residential owners on 1 acre or less received a free tree for each one lost. 1 -3- 1977 TREE DISEASE PROGRAM • The Dutch Elm problem has grown from a few cases in 1973-74 to about 600 in 1975 to 3500 in 1976, and we could expect another tripling effect to nearly 10,000 cases this year. Since the staff and City Council were able • to see the magnitude of the problems from 1976, money has been budgeted fur • a very intense effort this year. We now have a full-time forestry Technician, and five seasonal tree inspectors. All of these people have been ceritificd by the State. Information has been published to encourage people to call in if they suspect Dutch Elm Disease in their yard or neighborhood. To date 2,0]2 cases of Dutch Elm Disease have been identified already this year. Most of these have come from our inspectors going out on service calls. Inspectors have been specifically trained this year so that we know exactly whose property a tree is on, the size of that. tree, the consecutive number- of that tree, and it's location category for subsidy. Included with this memo • is a procedure sheet which the inspectors give to people with the removal notification. With better identification we are finding more trees; with a better procedure and accurate record system it is possible to check back with people on the 20th day. Since our inspectors have considerably more contact with people this year ;he tree' arc not furgottcn about_ CITY 1REES In April, with the help of volunteer manpower from Gelco and donated equipr•,!•cnt services from Kraus Anderson, 50 trees were removed from Anderson Lakes Park. A couple dozen additional trees were dropped by City crews and the Hennepin County home School boys have debarked them in the woods and split them into firewood. Several weeks aye, 200 trees were identified on the west shore of Anderson Lakes, quoted cut and removed by a private contractor. There are over 109 trees around Starie,• Lake that have been identified on City property and will be removed in the same way. LARGE !!G;1DL0TS Trees which are identified in large numbers, whether public or private, are currently disposed of by the City. This is being done through rental of the bennepin County chipper, offsetting the cost by selling the chips • directly to private contractors. Sawmiliing of lumber from woodlot areas is another way of disposing of the wood while offsetting our costs. We have a couple of mills which may be interested. Burning of large numbers of trees on large sites is a fast low cost method of disposal which should continue to be encouraged with the approval of our Fire Marshall and the P.C.A. -4 • - PURGATORY CREEK • Purgatory Creek, south of Co. Road 1, is probably the largest inaccessible tree disease problem in the City. Estimates of elms within this creek valley are well over 2,000 {9M have the disease now). We have had a Plant Health Specialist from the Department of Argiculture, as well as Dr. French from the University of Minnesota both suggest removing this area from our control zone, and having research done on the disease in this area through a research grant. We are currently defining the limits of this area and preparing a grant application outline. • SOME OF THE PROBLEMS WE ARE HAVING THIS YEAR ARE AS FOLLOWS: 1. Pickup - Residential tree pickup calls represent the greatest number of calls, but not the minority of the trees in town. Out of approximately 100. locations we now have to pickup in town, the majority are 1, 2, or 3 trees at a time. This is very time consuming, but it does offer a valuable service. Pickups are organized according to call in date and area of town. We have modified two of our 5 yard dump-trucks and increased their capacity to 13 yards with high side boxes. We also have had a log loader installed on our Civil Defense Army transport truck. This equipment, combined with a crew of three men, will make pickup ge faster. This equipment did not arrive until a couple weeks ago, and the men were not. able to work full-tine on trees until two weeks ago, so we have had considerable catching up to do. As we operate at full capacity, we will be able to more accurately assess our pickup capabilities. We ask people to separate brush from logs, and to cut wood into 8-10' lengths and stack neatly by the curb, but many people are of course cutting their own trees down and in order to move a large tree by hand, it ends up in firewood lengths. Wood cut in these sizes must be picked up either by hand or one at a time by • the loader. There have been some problems with people unable to meet the 20 day limit, but many of these can he handled by working with the people than by us bidding the work out. Many of the rest of the problems this year are linked with the subsidy. The st: cf has been using some working procedures, which the Council should review and endorse or revise. Who does not receive subsidy? 1. Trees which are cut down which have not been tagged by our inspectors. 2. Trees"which have died from causes other than oak wilt or Dutch Elm Disease, i.e. construction damage, inflicted injury, horses eating bark off, etc. • -5_ a. If elms have died from any of these causes and the bark is still tight, they are a Dutch Elm Disease beetle breeding habitat and will be ordered down by our inspectors. Owner hauls, no subsidy. • 3. Trees not down by deadline (staff should be able to exercise some discretion based upon substantial extenuating circum- stances). NEW 1977 STATE LAW Within the last two weeks, we have been informed by staff representatives of the Department of Agriculture that there have bean two changes in the new la:, passed only weeks ago (retroactive to January 1, 1977) which sub- stanially effect Eden Prairie's tree disease control program. 1. No more subsidy for private residential property over 5 acres. Eden Prairie is composed of 23,040 acres. Of this approximately 4,500 acres or 20% is wooded. Of the 4,500 wooded acres, 3,000 wooded acres occur in parcels 5 acres or more. This means that 65% of the woods in town occur on parcels larger than 5 acres. A conservative preliminary estimate of total elms in City of 6" or more is in excess of 240,000. Clearly, we must be able to entice the cooperation of the larger parcel owner in order for any part of the program to be truely effective. 2. its reforestation subsidy for private property . The wording of the now State Law leaves the definition of "residential property" somewhat up to municipality. The staff believes "residential property" as any homesteaded property. We are currently trying to convince the staff of the Department of Agriculture that up to 5 acres around the homestead should be eligible for subsidy regardless of the total size. Lots which have beer zoned homestead residential use, but are still owned by a builder or developer should not be eligible for subsidy. Lots which have been purchased should not be eligible for subsidy until after the framing inspection for new construction. Any trees identified before this inspection should not be eligible. The staff defines 'residential property" as cny homestead or residential zoned property. The State may not accept homestead property if it is not zoned to residential use. • Land which has been zoned for residential use, but which has not been built upon should be eligible for a subsidy, but of a lesser amount than land which has homes build upon it. Alternatives Council may wish to consider for 1977 sanitation subsidy. The residential size breakdowns of 0-6", over 6" to ;8", over 18" seems to be working well and meeting with public acceptance. If the Department of Agriculture can be convinced to interpret thenew law La u1low subsidy of 5 acres surrounding a homestead, the following choices are available: I -6- 1. Subsidize up to the current rate for residential up to 1 acre or 100 feet from house and up the $25 for up to 5 acres homestead. 2. Subsidize everything up to 5 acres at 1 acre rate. Council may wish to look at Eden Prairie subsidizing $10 per tree over 6" on all land over 5 acres and also $10 per tree for all commercial, industrial, etc. trees not eligible now under State Law. This would have to be funded . 100% out of local funds. Another decision which is necessary is whether to continue the free tree for 1 acre private property. New State Law will not subsidize trees planted on private property this year. Our cost on bareroot shade trees last fall and this spring was around $16/tree. It has been a positive part of our tree disease program. Honey has been budgeted for this purpose in 1977 out of "local only funds". TO SUMMARIZE: Decisions need to be made on who to subsidize and how much, and whether to continue the free tree program. This information is necessary for our new Grant-In-Aid proposal for Tree Disease Program. • • 1.� o EMT CHILES/6450 COEN PRAIRIE ROAD LOB PRAIRIE,MINNESOTA SS342/TELEPHONE 16Ill 941.2261 T E / __ -�1•�w l O r -.U r THE PROCEDURES FOR THE DIAGNOSIS AND REMOVAL or A DISEASED ELM'OR OAK TREES, IN EDcll PRAlltll,7,lii✓AS iOLLOWS 1. Identification- by City tree inspectors. • 2. Interruption harrier if desired or nocessary. ' 3. Removal - 20 day period for removal. a. Cut down - by homeowner • b. Cutup- 8'-10' lengths ' c. Separate - main trunk, limbs, brash • d. Stack nr,tly by curb e. Debark stump E. Call for fiche, • • 4. Subsidy Program. • • S. Reforestation Pregren. • I Ir Dk NT I f I CAT 1 CYt The identification of diseased elm or oak will be done by City tree inspectors during the growing season. Diseased or dying elm cr oak trees will he clearly marked with a band of yellow paint. Homeowners are asked to remove only tre.•s which have been identified and taqued by City tree inspectors. If you have a tree nhick is demo or dead, please call Marlys at 941-22E2 for a free inspection prior to removal. lye City will ,tt s,,bsidize or haul any teens which have been removed without identification and marking by a City tree inspector. T81RCIIICT The Dutch ale aiseo-e tenons Cer.toevsts alms and (Joe wilt disease fetus toretuCvsk aoeceeru_n, commonly sp,ead from en infected tree to an adjacent healthy tree through natural root grafts. hoot grafts 0,,,Alr in toes cruelty within. tO feet of each ether. Ibis spread through the roots can be prevented by the use of m.cle nwcal or chemical trenching. A ru-chai,iscl trench is established at thy midpoint between the healthy and diseased tree. The trenching should be 2G"-40" deep and cover the entire distance when root grafts are suspected. Infected trees which are r•eehcnieelly trenched may be removed ioeediately. A chemical barrier may he used instead of a mechanical barrier. When using a chaaical barrier it is established on a midpciet ling b-lw-se the healthy and diseased tree. The chemical used is nulled ShRIC or L'epam. To use a Vap;m barrier, ktnnoreers should follow the label instructions of the manufacturer. If a Vapam barrier • is used, it rust be appiiel 2 weeks prier to the removal of a diseased tree. • umov',L • IL is the responsibility of the homeowner to remove e diseased tree within 20 days, after it has been marked by a City tre inslrriur. Onee the tree is cut down it should be: cut into pieces 8'-10' long, hauled to a City street end stacker)neatly in 2 pits (separate logs and brush). 0o not stack near power lines. 'Ihn stump of time tree melt be debarked to yroundline alter the tree is cut dcwn. When the entire tree or group of trees is ready for piciup, please cull Marlys at 94I-22C2 ext. 36. SUBSIDY the City will subsidize the rrrmval of a diseased elm or not tree as follows: CITY Or till: PdAiRll - int.OLIlT1('l CU.__7;' Residential frees within 100' of a residential structure 0-6" diameter • no subsidy 6-18" diameter $25.00 over 18" $50.00 Non-Rcsirk:nti al Trees 0-6" diameter no subsidy over 6"diameter $25.00 over 6"diameter $15.00 (if burned) If owner fails to take the corrective action within 20 days, he forfeits all eligibility for the tree removal subsidy. • • • The exceptions to the subsidy program are as follows: I. Dead trees which have their bark sloughed off will be ordered down. There is no subsidy or pickup for trees of this classification. 2. Trees which are dead or dying as a result of construction damage or other unnatural causes will be orde ed down. There is no subsidy for these trees and the owner must haul the trees away. 3. Woodpiles containing elm wood which has tight bark or containing elm debris will be ordered out. There is no subsidy and owner must haul the pile away. 4. Diseased trees which are located on comnercial, industrial, public or cenetery properties will not receive subsidy aid. REFORESTATION • Homeowners who remove a diseased tree in the residential classification over 6" in diameter are eligible for a rcplac;ment tree. Tree order forms will he sent directly to these homeowners either in the fall or the following spring depending on tree availability. • • • • • CITY OF EDEN PRAIRIE ORDINANCE Ni). t AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF TREE DISEASES. The City Council of Eden Prairie ordains as follows: • Section 1. Declaration of Policy. The City Council of the City of Eden Prairie has de- termined that the health of the trees within the municipal limits is threatened by tree diseases. It is further determined that the loss of trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. It is declared to be the i.nmention of the Council to control and prevent the spread of this disease and this ordinance is enacted for that purpose. Section 2._ Public Nuisances Declared. The following are public nuisances whenever they may be found within the. City of Eden Prairie: a. Any living or standing G1m tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystiis Ulmi (huisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh) or Hvlurc_oninvs liufipes (Marsh) . b. Any dead Elm tree or part thereof including logs, branches, stumps, firewood or other Elm material, the bark of which has not been removed. c. Any living or standing oak tree or part thereof in- fected to any degree with the Oak Wilt disease fungus Ceratoeyr_tris Faetnceerum. It is unlawful for any person to permit any public nuisance as defined in this section to remain on any premises owned or con- trolled by him within the City of Eden Prairie. Such nuisances shall be abated in the ns:nncr prescribed by this ordinance. Section 3. Forester. The position of Forester is hereby created within the City of Eden Prairie. The Forester shall be certified by the Commissioner of Agriculture of the State of Minnesota. I It is the duty of Forester to coordinate, under the direction and control. of the City Manager, all activities of the munici.pelity relating to the control and prevention of Dutch Elm and Oak Wilt diseases. The City Manager shall recommend to the Council the details of any program fot the control and ore- vention cf. said diseases and enforce, or cause to be enforced, the duties in.:ident to such a pro_ram adopted by the Council. Section 4. _Inspecttiion, Investiention and Testing. The Forester shall. cause all premises and places within the City to be inspected as often as practicable to determine whether any condition described in Section 2 of this ordinance exists thereon, and to have investigated and tested all reported incidents of such public nuisances. Section 5. Abatement- of Tree Disease Nuisances. In abating the nuisances defined in Section 2, the infected tree or wood shall be removed and burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of the disease. Such abatement procedures shall be carried out in accordance with current technical and expert methods and plans as may be designated by the Commissioner of Agriculture of the State of Minnesota, and with the approval of appropriate City officials. Section 6_ Procedure for Removal of Infected Trees and Whenever the Forester finds with reasonable certainty that any of the infestations defined in Section 2 exist in any tree or wood in any public or private place, he shall proceed as follows; a. If the Forester finds that the danger of infestation of other elm or oak trees is not imminent because of elm or oak dormancy, he shall make a written report of his findings to the Council which shall proceed by: 1. Abating the nuisance as a public im- provement under Minnesota Statutes Ch. 429, consistent with the methods and plans referred to in Section 5, or 2. Ordering the nuisance abated by resolution. Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners (as determined by the tax roll of the County of Hennepin) and published once no less _2- than one wecl; prior to such meeting. The notice shall state the time and place of the meeting, the property affected, action proposed, the estima- ted cost of the abatement, and the proposed basis of assessment, if any, of costs. At: such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original. resolution with such modifications as it considers desirable and provide fur the doing of the work by day labor, by contract, or, in the case of private property, by the private property owner if he so chooses. b. If the Forester finds tha t danger of infestation of other elm or oak trees is imminent, he shall serve notice upon the affected property owner in the manner presented by Section 6(c) that the nuisance shall be abated by the City, or by the property owner in the case of private property, within a specified time, not less than twenty (20) days from the date of the mailing of such notice. The Forester shall immediately report such action to the Council, and after the expiration of the time limited by the notice_, he may abate the nuisance in conformity with Scct_ion 5. c. The notice required in Section 6(b) shall he served in one of the following methods: (1) By personal delivery of the notice to the affected property owner as determined by the tax roll of the County of Hennepin; (2) By leaving the notice with a person of suitable age and discretion noon the premises; (3) If no such person can be found, by affixing a copy of the notice to the front door of the premises; (4) If no person resides upon the property, by registered mail to the last known address of the owner of the property as determined by the tax roll of the County of Hennepin; (5) By publishing in the official paper once a week, for two successive weeks. -3- i9 Section 7. Assessments. The Forester shall keep a record of the costs of abatements done under this ordinance and shall report monthly to the City Clerk (or other appropriate officer) all work done for which assessments are to he made stating and certifying the description of the land, lots, and parcels involved and the amountsd aryeablo to each. The Clerk each year shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this ordinance. In the case of abatements wade on private property which are not provided for by the private property owner, the cost of such abatement shall be assessed against the .let or parcel of land on which the public nuisance was located, the Clerk shall certify the cost, the county Auditor shall extend the same on the tax roll of the County of Hennepin against the lot or parcel of land, and it shall be collected and paid to the City as other taxes are • collected and paid. All assessments made for the removal of the public nuisances defined in Section 2 may, at the option of the property owner, be payable with interest in installments, not to exceed five years from the date of the assessment. The Council may, by appropriate resolution, provide for monetary or other assistance to be paid from public monies in the abatement of said public nuisances defined in Section 2 and the disposition of the trees or parts thereof which are felled, trimmed or otherwise cut away, such aid to apply to said public nuisances whether on private or public property. Section F. Sorayinu-and Paining Trees. Whenever it is determined that any tree or wood within the City is infested by any disease er insects as described in Section 2, the Forester may order the owners (as determined by the tax roll of the County of ]lennepin) of all nearby high value trees to prune and to spray the same with an effective preventive concentrate in a manner approved by the City Manager. Upon failure to comply with such an order, the City may proceed forthwith to take appropriate action. Spraying activities authorized by this section shall be conducted in accordance with technical and expert methods and plans of the Commissioner of Agriculture, with the approval of appropriate City officials, and under the supervision of the commissioner and his agents whenever possible. Notice shall. be given as provided in Section 6(c). Section 9. Transportinci Certain Type:; of Wood Prohibited. It is unlawful for any person to transport within the City any bark-bearing elm wood or wood infested by disease or insects without having obtained a permit from the City Manager, who shall grant such permits when the purposes of this ordinance will. be satisfied. -4- 5 n I() Section 1.0, Reporting Discovery of Tree Disease. Any owner or occupier of land or any person engaged in tree trimming or removal who becomes aware of the existence of a tree disease as defined in Section 2 shall report the same to the City. Section 11. Interference Prohibited. City Personnel may enter upon private premises at any reasonable time to carry out the purposes of this ordinance. it is unlawful for any person to prevent, delay or interfere with City personnel while they are engaged in the performance of duties imposed by this ordinance. Section 12. Penalty.. Any person who violates this ordinance is guilty of a misdemeanor any may be punished by a fine of not to exceed $300.00 or by imprisonment for not to exceed 90 days, or both. Section 13. Effective Date. This ordinance shall take effect fifteen (15) days after its publication. 1 -5- 1. I MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Marty Jessen, Director of Community Services/l i, SUBJECT: Stable Lease .DATE: July 29, 1977 We have not received the auditors statement for the Staple operation but Glen Lorenz has provided the following financial data for June 1/76 to May 31/77: REVENU: • Boarding $42,689 Training 7,475 Lessons 9,075 Show Services 2,435 Miscellaneous 351.17 Total $62,025.17 EXPENDITURES: Total approximately $65,000 MET: Approximately ($3,000) The reason for the deficit, as explained by Mr. Lorenz, is the extremely high cost of feed (hay) experienced last winter. The Stable operation is currently in violation of the Lease Agreement clause regarding insurance. The Lease calls for $1,000,000 liability coverage. They currently carry $300,000 basic liability coverage bet do not have in effect the $1,000,000 umbrella coverage required. We're advised that liability coverage costs would be as per the following chart. Mr. Lorenz states that this is "economically unfeasible". AMOUNT OF COVERAGE ANNUALPREMIUM $300,000 $3_,626 $500,000 $4,800t $1,000,000 $6,075 With regard to this aspect of the operation the City may: 1. Require the $1,000,000 limit which might cause the operation to fold. 2. Lower the limit to $3000,000 or some such number. 3. The City provide the umbrella coverage in conjunction with #2 above (cost $3-4,000/year). 4. Cancel the lease for breach. 1 Stable Lease -2- July 29/77 With respect to the general Stable operation, the same situation exists as did approximately a year ago. The great majority of the Stable activity is for the "super horseman" - the Person who's interested in showing at a fairly high compet- itive level or is otherwise very involved in horses. Little effort is being made to provide equestrian activities for the "casually interested". In years 1 and 2 the City received approximately $5,300/year from the Stable lease agreement ($400/month plus 5% of gross-over $50,000/year). The City has incurred costs in the amount of approximately $4,300 to remove the dilapidated building on the site. These were 1 time costs required regardless of the Stable operation. I believe that providing equestrian programs is a legitimate recreational service. The City has invested a su!Ostantial amount of money (albeit Grants) and time in this facility. It should remain as a recreational opportunity for the community. • MEMOPANUOM TO: Mayor and City Council Parks, Recreation & Natural Resources Conadssion 1HRU: Roger K. Ulstad, City Manager FROM: Marty Jensen, Director of Cc.amanity Serv--ices '!, • RE: Round Lake Water Quality Study-•diork Plan and Scope of Service DATE: July 29, 1977 Attached is a brief sumffory of the Work Plan for the Round Lake Study r.s proposed by Carr Engineering. The cost of the study will not exceed $16,000 total--$3,000 to be paid by the City. the p1 .n eccu :;ii fishes ciut we're interested in--Alternative i.the IaTrov:ieent Measures (i.e. "solutio,is"). • i i WORK PLAN FOR A STUDY OF ROUND LAKE Uuriug 1971. and 1972, the Riley-Purgatory Creek Iluterahed n.int:ri.ct monitored the quality of the twol.veei.lakcs within the District. The objec- tive of [iris pre arse w2s to assess the preent quality of the lakes within the water::itis1. The pro grant represented the first information that wan avail.r:b to on the qur.i i.ty of the Lakes. The result;: of the study vete com- pared to lake qu'.l.ity desired for various recrcetienel. uses. Using the result, potential problem Joker acre identified so solution-or'_.catated progree could be lnat:u.ted before the problats becaa,e intoler,lelc. The 1911-1972 »:onitnr.ing of I:quad tale in Eden Prairie indicated that the lake was of vcty good quality. The lake wee .ideally suited to the scintning and other user pr:oj;oced for the lake by the City. .97h, iho ,.rater quality of the take reportedly hod deteriorated to a pole r;i ;re Eolnla.i0zs no longer aaathct rally enjoyable. In 1975, the qual.i.t.; of Pound Let e wsfi ag ti,. monitored by the Watershed District. The data i_;dieai:d the : bettcccn 1572 and 1f175, the water quality of Pound Lake had rh tc;ed oiradfi.cnntly. 'flit 1972 none chlorophyll couccetrati.ons hod incrc:•.::rot ti-rt -fe id in 1975, tern secchi disc reedi.uga were cut in half bet:,:c. a 1972 end 1975, and Dean total phonphorue concentrations had i.ncret ac l !,y apj-rrc d.n..nly 2-1/2 i::imr•.s. This chooga in Rake quality 'a> pranouctcc2. Af.t,r revir,uieq the data .,nd vicvi.np, the continued deterioration in the coedit ion of Reword Lake duriog the pact few year.;, we rccotcmend that a further study of Round Late be carried out. The objcctives of this study should he to: • 1. Identify the. sources of nutrients to Pound Lake. 2. Develop alternative lake restoration plans to achieve the level of untor quality necensary to meet desired recren- t.:i anal. ace. ' The City of Eden Prairie has proposed that the study be carried out as a 50-50 cooperative effort between the City and the Watershed District. A copy of correspondence from Pr. Jensen on this matter is enclosed. Detailed Work Plan Time following detailed work the work we believe is nceessary to coirdlete tho study. 1. Collection et haagrouud Duta--Tha enginc.ring, planning„ 1 and pack and reerration staffs of the City of-. Eden Prairie will be contacted to obtain all available data concerning present red future 1;.ni use, present and future recrea- tional use of the lair:, and existing and trreposed utilities. ' , I 2. Idertificatima of LaLe Water Quality--Th..: present water quality 61: hound Lake sill be measn)td during the twelve- month twaiod commeuele:t, after we hove been notified to orec-wd. Esphasin he pled on asscing the qua', ity of v.:Aro:7 Talativo to its depart .a suck recrcaticnal activities at, im,11-51-1g, fishire,:, and general neothetic enjoym:nt. The water quality characteristics of the lal,n which prose,.tly or potentially limit recreational use Will Ee identified. The leke quality data will he used along with tie nutrient inflow data to measure the effect of iLs recycling.of nutrients from the bottom muds. 3. Evaluation of Watert.hed Characteristics-111a watershed characteristics which potentialJy affect the quality of the Water in the lake such a;; land use, storm water drainage systems and septic. took. systems will, be inven- toried and their effect nun lake water quality will be evaluated. The nutrient sources to the Lila will be identified. 4. Alternative. Lake Improvement Measures--Once the charac- teristics aid sources which presently or potentially limit recreational. oars have been identified, alternative lake improvement plans will be developed to achieve various levels of water quality. Depending on the lake and water- shed characteristics invo1,7cd, alternative lake improvement reasures will include programs onkelnted toward the lake, toward the watershed or toward a combination of the lake and the w:.t,:rHP:c.d. The potential cff ct of the lake imp,uvemeat plan, on other watershed and lake character- es such at. water quality, water quantity, f soh and wildlife will be asses,:ed. Potential state, regional and county fundtrl sources to help fina,:ce lake improvement progrars or prc;ject. 14311 he identified. 5. Final. P.enort---All the elements of this study will be sun; mari_:cd into a final report. The report will consist of sure ry of ,.let b^ct.,'' ls•uc', seta collected, description of lake charc. tiS-Elti.c:: which presently or potentially lieu: icarent.o•:al lake arse, description of watershed chnracterislica which ie;leen•ee the lake and alternative lake imurev,,ea,:. ma^sums :Including potential funding sources. We recorsaed that the projcc he. carri.ad nut over a fifteen--month petior. This will cnablc the unirr yual t.y of the 'lake and watershed to be n.aaitored over one fun year and the recon•mnp.dations prepared arid report written during the .last Ur,,r c c.'uths, The estimated cost of the study 5a $36,000• tl August 2, 1977 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.77-105 A RESOLUTION APPROVING FINAL PEAT OF RED ROCK HILLS 3RD ADDITION WHEREAS, the plat of Red Rock Hills 3rd Addition has been submitted ' in the manner required for platting lard under tho Eden Prairie Ordinance Coda and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and reguirementr, of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for. Red Rock Hills 3rd Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated July 28, 1977. B. Variance is hzr'ein granted from City Ordinance No. 93, Sec. 8, Subd. 1 waiving i.Le six month maximum time elarzo between the approval date of the preliminary plat and filing of the final pi at as de:c_ibed ii. said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deed and/or Registrar of Titles for their use as required by SSA 462.358, Subd. 3. D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk August 2, 1977 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger U):tad, City Manager FROM: Call J. Jullie, City Engineer DATE: July 28, 1977 SUBJECT: Red Rock Hills 3rd Addition PROPOSAL: The Developer, John C. Houston, is requesting City Council. approval of the Final Plat of "Red Rock Hills 3rd Addition," located west of Red Rock Road and south of Scenic Heights Road. This is a rapist of O,tlota C, D and E, Red Rock Hills 1st Addi_ton. The plat con- sist. of 35 tingle family residential lots (Rl-13.5). HISTORY: The Red Rock Hills PUD was approved by the City Council on March 11, 1975, per Rcsolution #!941.-B. The Preliminary Plat was approved through Resolution ti941-B on March 11, 1975. Rezoning from Rural to R1-13.5 was finally read and approved by the CIL' Ce•incil en May 27, 1C7L, par Pvdinance (1284. Thc. Final Plat now suheii:Led for approval conforms to the approved Preliminary Fiat. VARIANCP A variance from Ordinance No. 93, Sec. 8, Subd. 1, waiving the six mouti, maximum time elapse between the Preliminary Plat approval date and filing of the Final Plat will bs necessary. UTIL1TIPS ASP STRSCTS: Sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing, walkways and street signs will be installed by the Develope.Y. in accordance with City specifications. Access to the plat-from Scenic Heights Road will be through Red Rock Rood and Morai.nr way until Village woods Drive is opened easterly to Mitchell Road or until Village Woods Drive is extended northerly to Scenic Heights Road. On July 19, 1977, the City Council authorized final platting for the 3rd Addition, hut restricted building permits to a total of 15 and directed the staff to work with the developer and adjacent property owner:: in securing right-of-way for the alternate connections to Mitchell Road or Scenic Heights Rd. - 2 i PARK DEDICATION: The requirements for park dedication have been satis- fied through the approval of Red Rock Hills 1st Addition. Walkways will he constructed along the e/sterly property line from Red Rock Road to Village Woods Drive, along the northerly side of Vil- lage woods Drive, through the park along the northerly shore of Red Rock Lake, and connecting Village Woods Drive to the Red Rock Lake trailway. Outlets A and B will be owned and maintained by the Homeowners Association for this plat. A drainage and utility easement will be granted to the City over these Outlots. BONnING: A bond or letter of credit approved by the City Attorney for the installation of sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous roadways, walkways and street signs shall be required in an amount. approved by the City Encineer. RECOMMENDATION: Recommend approval of the Final Pled of Red Rock Hills 3rd Addit on, subject to the requirements of this report and the following: 1. Receipt of fee for City Engineering Services in the amount of Sl.050. 2. Extcution of the "Developer's Agreement." 3. Satisfaction of bonding requirements. 4. Signed petitcn for street lighting. 5. Only 15 building permits until alternate access is again received pee City Council action on 7/19/77. CJJ:kh • Aug. 2, 1977 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-101 A RESOLUTION APPROVING FINAL PLAT OF THE PRESERVE COMMERCIAL PARK NORTH WHERLi: , the plat of The-Preserve Commercial Park North has been submitted in the manner required for platting land under the Eden Prairie Cr- ' dinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the'City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for The Preserve Commercial Park North is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated July 28, 1977. B. Variance is herein granted from City Ordinance No. 93, Sec. 8, Suh . 1 weivin; the ,.i,: month maximum time elapse between the approval date of the preliminaryplat and filing of the final plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deed and/or Registrar of Titles for their use as required by NSA 462.35B, Subd. 3. D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approveal on behal.f of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang St. Penzel, Mayor ATTEST: SEAL • 30hn D. Franc, Clerk • I CITY OF EDEN PRAIRIE Engineering Report on Final Plat TO: Mayor Pensel and City Council Members THROUGH: Roger Ulstad, City)1Anager FROM: Carl :runic, City Engineer DATE: July 28, 1977. SUBJECT: The Preserve Commercial Park North • PROPOSAL: The Developer, The Preserve, is requesting City Council approval . of the Final Plat of "The Preserve Commercial Park North," located west of Flying Cloud Drive and north of Schooner Boulevard. This plat consists of approximately 24 acres intended for commercial use (C-Rug). HISTORY: P.U.D. concept approval. for Area G was granted by the City Council.. on Sept_ember 2, 1975, through Resolution 41033. The. Preliminary Plat was approved by the City Council on December 14, 1976. per Resolution 41217. Zoning to C-Regional Service was finally read and approved by the City Council on May 3, 1977, per Ordinance #357. VARIANCES: A variance from Ordinance No. 93, Sec, 8, Subd. 1, waiving the six month maximum time elapse between the Preliminary Plat approval date and the filing fo the Final Plat will be necessary. UTILITIES AdD STREETS: Sanitary sewer, watermain, storm sewer, concrete curb and gutter and bituminous surfacing have been satisfactorily installed throughout the plat. Street signs and street lighting must be installed in accordance with City specifications. A private accerS roadway must be installed by the Developer along the rear portion of Lots 1, 2, 3 and 4, Block 3. This roadway will he maintained by the bcnafitted property owner, and must be completed prior to issuance of building permits for the final lot • to be developed in Block 3. The street names Centergato• Road and Westcenter Drive are not acceptable amd must be ch:u,yed. New street names must be approved by the City Engineering Department prior to filing of the Final Plat. - 2 - • PARK DEDICATION: The requirements for park dedicaiton have been satisfied through the approval of the Preserve PUD. BONDING: A cash deposit, letter of credit, or bond, approved by the City Attorney, will be required to cover the cost of street signs and first year costs for street lighting. R£C0ME ENDATION: Recommend approval of the Final Plat of "The Preserve Commercial Park North," subject to the requirements of this report and the followiyg: 1. Receipt of fee for City Engineering services in the amount of $480. 2. Satisfaction of bonding requirements. 3. Receipt of signed petition for street lighting. CJJ:kh 77i • August 2, 1977 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-103 RESOLUTION RECIEVING REPORT AND ORDERING IMPROVEMENTS ON HOMEWARD HILLS ROAD, I.C.51309 WHEREAS, a report has been given by the City Engineer to the City Council on Aug. 2, 1977, recommending the following described improve- ments: I.C. 51-309, Street and tuility improvements on Homeward Hills Road from County Road 1 to approximately 4000 ft. south, and WHEREAS, a 100% petition has been recieved requesting the proposed improvements. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL AS FOLLOUS: 1. Pure,uar,t to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said ir:p•ovements are hereby ordered and the City Engineer, with the assistance of Rieke, Carroll, Muller Assoc., shall prepare plans and specifications for said improvements in accordi:ce with City standards. 2. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the of- ficial newspaper. ADOPTED by the City Council of the City of Eden Prairie on • Wolfgang n. Penzcl, Mayor ATTEST: SEAL John D. Franc, Cler^ August 2, 1977 CITY OF I])EN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-104 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND.ORDERING ADVER- TISEMENT FOR BIDS, I.C. 51-270 WHEREAS, the City Engineer, through Brauer & Assoc., has prepared plans and specifications for the following improvement, to wit: I.C. 51-270, Scenic Heights Road Improvements and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. Thc. City Clerk shall prepare and cause to be inserted in the offi,ial paper and in the Construction Bulletin an advertise- ment for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened at 10:00 o'clock A.M. on Friday, Sept. 2, 1977, and considered by the Council at 7:30 o'clock P.M. on .Tuesday, Sept. 6, 1977, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. • ADOPTED by the City Council of the City of Eden Prairie on Wolfgang H. Penzel, Mayor ATTEST; SEAL John D. Franc, Clerk t�i:jJ August 2, 1977 CITY OF EDEN PRAIRIE IHENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-94 Aproving sale of Tax Forfeited Property • MEMBER, , offered the follow- ing Resolution and moved its adoption: WHEREAS, the City Council of the City of Eden Prairie has received from the County of Hennepin, a list of lands in said municipality which became the property of the State of Minnesota, for non-payment of 1968 or 1969 real estate taxes, which said list has been designated as Classification List No. 652-NC and WHEREAS, each parcel of land described in said list has heretofore been classified by the Board of County Commissioners of Hennepin County, Minnesota, as non-conservation land and the sale.thereof has heretofore been authorized by said Board of County Commissioners: NOW, THEREFORE, BE IT RESOLVED, by said City Council, acting pur- suant to Minneesnta Statute 2£+2, that the said classification by said Board of County Commissioners of Lot 16, Block 1, Sunset Ridge and Lots 24, 25, 26 and 27, El x;: 7, Westgate Addition, described in said list as non-constzva- tion land be and the same is hereby approve.^, and that the sale of these parcels of land be the same is hereby approved. The question was on the adoption of the Resolution and the roll being called, there were YEAS and NAYS, as follows: ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL ON Wolfgang H. Penzel, Mayor ATTEST: SEAL 3o]m E. Franc, City Clerk • SPECIAL ASSESSMENTS ON TAX FORFEITED PROPERTY Lot 16, P,lec k 1 Sunset Ridge Plat 57025 Parcel 3200 • Levy #5628 trunk sew/water 1973-92 $520.00 6.6% Levy #5623 Literal sew/water 1973-92 $3702.00 6.6% Lots 24, 25, 26, 27, Flock 7 Westgate Addition Plat 57029, Parcels 6550, 6600, 6650, 6700 Each: Levy #5861 Trunk sew/water 1974-93 $520.00 6.6% Levy #5872 Let. sewer 1974-93 $810.00 6.6 Levy $5902 Lat. water 1974-93 $1381.00 6.6 • J_t 111 • 5 N, 4 3 12 T . : ..tt�.._ _I.1:. 21 t '_.1'�I to 2S " :i . u •t \ ; '�—t' ', y Is— It, u e 1 /,!• 'ei 5 0 e,• `l, .. nL_ 1•14.:y --.— I, 5tt, '23 t 11 '�J r N 1 o3 y' ID Ft]1 I {' . 1�5 tit IiQ `' '''\ —itt-6 7 i M 2`L • t i2 5 tn..", 1 a;t t' it 1. fl_._- ?I 'I' 3 , Nstu3ac (. 14 2U .I. 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I' ' • :.s —_ .. -. .t i::a Y„• .._ .. . . �._.�.. ._ August 2, 1977 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-106 A RESOLUTION APPROVING FINAL PLAT OF EDENVALE INDUSTRIAL PARK 4TH ADDITION WHEREAS, the plat of Edenvale Industrial Park 4th Addition has been submitted in a manner required for platting land under the Eden Prairie Ord- inance Code and under Chapter 462 of the Minnesota Statutes and all pro- ceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of. Minne- sota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Edenvale Industrial Park 4th Addition is approved upon compliance with the reoumnendaiton of the City Engineer's Report on this plat dated July 28, 1977. B. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deeds and/or Registrar of Titles for their use as required by RSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on Wolfbang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk • CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Fenzel and City Council Members • THROUGH: Roger Ulstad, City Manager FROM: Carl. Jullie, City Engineer DATE: July 28, 1977 SUBJECT: Edenvale Industrial Paark 4th Addition PROPOSAL: The Developer, Edenvale Incorporated, is requesting Final Plat approval of "Edenvale Industrial Park 4th Addition." This is a replat of Block. 2, Edenvale Industrial Park 2nd Addition, containing approx- imately 18 acres zoned 1-2 Park. HISTORY: Reiman Road was ordered vacated by the City Council on June 14, 1977, per Resolution 477-79. The Preliminary Plat was approved by the City Council on June 14, 1977, per Resolution #77-82. Zoning to 1-2 Park was finally read and approved by the City Council on August 8, 1972, per Ordinance #179. • VARIANCES': No variances will be necessary for this plat. • UTILXTIr`, AND : unitary sewer and water service to Lot 6 must be installed by the Developer. All other utilities and roadways have been prey ously installed by the Developer. BONDING: A cash deposit, letter of credit or bond, approved by the City Attorney, cunt be provided by the Developer to cover the cost of installing sanitary sewer and water service to Lot 6. PARK DEDICATION: Park dedication requirements for this plat have been satisfied through tha approval of the Edenvale PUD. RtSORMENDATICN: Recommend approval of the Final Plat of "Edenvale Indus- trial Pert: 4th Addition' subject to the requirements of this report and the following. 1. Receipt of fee for City Engineering services in the amount of $360. 2. Satiufaction of bonding requiremtnts. CJ.7:kh �,7.J(, . . • . - • •D•r ' - Z. ;•., Z -. t••• .. ... - Z -0 - • a. $ . - Cr• /OS/ -0 ,OC/ -0 sti 0 lio - ..> Z.) to - o 0 0 ‘: .i 0 ... ''' 2 ...• • ,A. r.; _ 6° '_'.•- 'f- ,o6 ,P2 .•-•-.3 I '.., ..7 •,... . *>..„ —- 4 0 i - — ': — •-, 4 ‘k, %., 1 '.).... Lv ,ps .P. ,s.! o ...i, N... v . .....4. `'..0 . . . . ' . • ' . . , • . • •, . ...• ,ost • • .. . . ..0 . 0 ... . . l.T. ..... . . , . . . . , '''..".."..:.'"61P''s***"..... Pi. •0 •.0 . . , . ., _ .. . .• • 17,7 ' . ,Sil ,521 . .. 7 . . i ti :-..- ••• Z ... . _ ____I . . ,. ,..., . . ----- 1 ... ',.. '..... ., ... 4/06 . 1• ; '..*. ‘:.. . >7.... ''`,... C1 . 0 .. ... t... ... , • ,... i • i P4 .,,s• •>, \t) 14'" ci. ; . -.....4. •..,4 i , . . . . . :.• , . . , .. • • .1 . .... - - . . . . „ . . - . ... , ... . ',. .. . .. . . .. — .... . - , —....... — ___.1 • s•• _ . .. ,.... . / • • . ,., .. . 1. . .! / , 42 lq.).›...' k 1 1 f, .0 ‘N's ,. .3 4 I.A... - '-?. - -- r-, -- -1. 14, c:,1,,,, . 1 \-.... 'q. . . -...4. • August 2, 1977 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-102 A RESOLUTION APPROVING FINAL PLAT OF BLUFFS WEST WHEREAS, the plat of Bluffs West has been submitted in a manner required for platting under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Bluffs West is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated July 28, 1977. B. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deeds and/or Registrar of Titles for their use as required by MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City • Council upon compliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL / John D. Frane, Clerk l CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Roger tasted, City Manager FROM: Carl Jullie, City Engineer DATE: July 28, 1977 SUBJECT: Bluffs West PROPOSAL: The developer, The Bluffs Company, is requesting City Council approval of the Final Plat of Bluffs West. This plat consists of 249 lots intended for single family residential use (R1-13.5). HISTORY: The PUD concept plan for Bluffs East/West was approved by the City Council on May 3, 1977, per Resolution 477-45. Zoning to R1-13.5 is scheduled to receive final reading on August 2, 1977. The Preliminary Plat was approved on July 19, 1977, by the City Council per Resolution 477-45. VARIANCES: Variance from the required sideyard setbacks and lot sizes have been requested and are as designated in the Rezoning Agreement to be signed upon second reading of the zoning ordinance. UTILITIES AND STREETS: Sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing, street signs, and walkways will be installed by the Developer according to Eden Prairie specifications. Installation of trunk watermain from Pioneer Trail to the plat will be accomplished through a City Contract. The street names, Viewcrest Lane and Meadowbrook Lane are in conflict with other names in the City and must be revised prior to filing of the Final Plat. PARK DEDICATION: The park dedication fee of $275 per platted lot as required through Ordinance 4332 will be required of this plat. This fee will be paid upon issuance of building permits. Additional park dedication requirements are as designated in the Rezoning Agreement to be signed. { - 2 - BONDING: A letter of credit, or performance bond approved by the city Attorney in an amount approved by the City Engineer shall be posted to cover the installation of sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing, street signs and walk- ways. RECONNENDATION: Recommend approval of the Final Plat of "Bluffs West", sub- ject to the requirements of this report and the following: 1. Receipt of fee for City Engineering services in the amount of $4,980. 2. Execution of the Rezoning Agreement. • 3. Execution of the Developers Agreement. 4. Satisfaction of bonding requirements. 5. Receipt of petition for street lighting. CJJ:kh • • August 2, 1977 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: )7-14.77 6406 STATE OF MINNESOTA _Application for license and title for truck 3.25 6407 STATE OF MINNESOTA 2nd quarter building permit surcharges collected 5,636.08 17-18-77 6408 PAPA LESTER Park & Rec. program instruction service and reimbursement for supplies 134.00 6409 STATE OF MINNESOTA 2nd quarter FICA report 20,074.38 6410 INTERNAL REVENUE SERVICE 2nd quarter report of taxes withheld 92.80 6411 METROPOLITAN WASTE CONTROL COMMISSION June report of SAC charges received 26,730.00 57-20-77 6412 DOCUMENTS SECTION State plumbing codes 13.50 6413 BLOOMINGTON ICE GARDENS Ice skating fees for Summer Fun trip 69.50 D7-22-77 6414 U. S. POST OFFICE Stamps for Public Safety dept. 90.00 17-26-77 6415 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employers ASSN. contribution 7-22 payroll 5,573.93 6416 SUBURBAN NATIONAL BANK Bond deductions for July 393.75 6417 STATE OF MINNESOTA Taxes withheld for July 6,247.01 6418 FEDERAL RESERVE BANK Taxes withheld 7-22 payroll 6,685.31 6419 UNITED WAY Donations withheld 7-22 payroll 22.01 17-28-77 6120 PETTv CACH Re;mhvrse fund 41.76 6421 MINNESOTA RECREATION & PARK ASSOC. Valley Fair tickets-Park & Rec. program 746.60 )7-29-77 6422 ALCOHOL COUNTERMEASURE SYSTEMS Mouthpieces for breath tester 45.00 6423 TODD ANDERSON Refund on swimming lessons 8.00 6424 JANE ANDERSON Mileage-Teen Activities program 7.45 6425 AMERICAN NATIONAL. BANK Fee for destroying coupons 150.00 6426 ASSOCIATION OF METROPOLITAN MUNICIPALITIES Dues 788.00 6427 ACTION REDDY RENTS Sod cutter rental-Public Works dept. 12.00 • 6428 EARL ANDERSON & ASSOC. Marker cones-Skating rinks 31.20 6429 JANE ANDERSON Mileage and reimbursement for first aid supplies-Teen Activities 9.34 • 6430 BROWN PHOTO Film and processing-Public Safety dept. 35.14 6431 BRAWN ENGINEERINS Concrete testing-Forest Knolls 2nd 61.00 6432 BUSINESS FURNITUiE, INC. Desk, chairs and file cabinet-Public • Works dept. and Park Maint. 661.28 6433 THU;LAS L. CARMODY Schematic plans for proposed City Hall Addition 800.00 6434 CITY OF EDINA Water test 42.00 6435 CAROLYN J. CASSOLA Guitar instructions 282.00 6436 CHAPIN PUBLISHING COMPANY Bid ad 45.14 6437 CUTLER-MAGNER Quicklime-Water dept. 2,063.32 6438 CADILLAC PLASTIC Safety goggles, signs and first aid • kits-Water dept. • 157.11 6439 LYNDA DIEDE Refund on tennis class 22.50 6440 DRY BONES, INC. Create-A-Play Day sponsored by Eden Prairie Historical Commission 360.00 • 6441 PAUL EDWARDSON Band instruction-Community band 52.00 6442 EDEN PRAIRIE COMMUNITY NEWS June ads 241.40 • August 2, 1977 • ")7-29-77 6443 CHERRY ELYGREN Records for Teen Center 25.00 6444 ELECTRONIC CENTER Repair Parts for Public Safety dept. 14.19 6445 EDEN PRAIRIE GROCERY Supplies for Public Safety dept. 13.44 6446 FISCHER SAND & AGGREGATE CO. Fill sand-Round Lake beach 186.58 6447 LISA FRANSEN Mileage-Teen Work program 17.10 6448 FORESTRY SUPPLIERS, INC. Supplies for marking trees-Tree disease program 9.62 6449 FEED-RITE CONTROLS Ferric sulfate-Water dept. 1,100.00 • 6450 FRONTIER LUMBER _Materials 205.79 6451 GLEN LAKE BAKERY Cookies for election judges 7.36 6,452 GROUP HEALTH PLAN Employees insurance 691.62 6453 GENERAL SPORTS Lifeguard T-shirts 35.40 6454 GLIDUEN PAINT Paint for Park Maint. 47.20 6455 VOID 6456 ELEANOR & ARTHUR HOLASEK Contract for deed payment 41,580.00 6457 HENNEPIN COUNTY Prisoners board 260.00 6458 HARMON GLASS Windshield - Deductable 50.00 6459 HENNEPIN COUNTY VO-TECH SCHOOL Food for Guide Plan meetings 42.00 6460 HOPKINS CAR WASH Install two trailer hitches-Playground on Wheels program 110.13 6461 DIANNE HANSON Mileage-General Services dept. 15.70 6462 HENNEPIN COUNTY Maintenance materials and supplies 166.77 6463 HAYDEN-MURPHY EQUIPMENT Trailor-Public Works dept. 3,000.00 6464 HONEYWELL Maintenance contract-Water dept. 979.00 6465 INSTRUMENTATION SERVICES, INC. Repair and calibration of radar 60.00 • 6466 INTERNATIONAL BUSINESS MACHINES Typewriter 64$.00 6467 INTERNATIONAL CITY MANAGEMENT ASSOCIATION Dues for Marty Jessen 50.00 6468 CARL JULLIE. July expenses 107.04 6469 JOHNSDN-SOLBERG BUILDERS Refund double payment of contractors license 15.p0 6470 JOHN-BIGLER CO., INC. Concrete blocks- Riley Lake and Bryant Lake beaches 20.0C 6471 WALTER D. JOHIISDII Reimbursement of supplies and expenses 21.89 6472 BARD KNUDSEN Music for Teen Center 10.00 6473 KOKESH Lifeguard suits, soccer balls and volley balls-Round Lake Beach 348.15 6474 KRAMERS HARDWARE Tools for water truck and supplies 507.98 6475 I1ARV LAHTI Mileage and expenses for State Fire school 35.94 6476 JOHN LATZKF Mileage - City Hall 18.90 6477 LONG LAKE FORD Repair pump 98.75 6478 DOUGLAS LARSON Tree subsidy 150.00 • 6479 METROPOLITAN ANIMAL PATROL June services 754.50 6480 MEDICAL OXYGEN Oxygen-Fire dept. 46.16 6481 MASON PUBLISHING CO. 1977 new laws-Public Safety dept. 20.00 6482 IIIIB)ESOTA RECREATION A PARK ASSN. State registration-Softball 254.00 6483 £IAYVIEW RADIO Repair communication equipment-Fire dept. 33.25 6484 MINNESOTA VALLEY ELECTRIC CO-OP Services 7.50 6485 IMINNESOTA AUDIO VISUAL Overheal projector bulbs 43.92 • 648G MIDWEST ASPHALT CORPORATION Asphalt-Drainage control 184.20 6487 3I1 BUSINESS PRODUCTS Copy machine-Public Safety dept. 113.00 6488 MINNEGASCO Services 104.70 8489 NORTHERN STATES POWER COMPANY Services-Public Information dept. 16.90 6490 NATIONAL PARK & RECREATION ASSN. 1977 conference registration for Marty Jessen 75.00 -,f:413 a • • • August 2, 1977 )7-29-77 6491 NORTHLANO Icecream for concessions 59.30 6492 NORTHWESTERN BELL Services 1,168.15 6493 NORTHERN STATES POWER Services 4,114.36 6494 LORILEL OLSON Refund on tennis lessons 8.50 6495 PRESERVE ASSOCIATION Lease of facilities for summer play- ground program 1.00 6496 PHOENIX Music for Teen Center 250.00 6497 THE PRESERVE -Lease for playgroun program 1.00 6498 SIEGFRIEO J. RINNE Tree subsidy 25.00 6499 ROGER N. RUTT Mileage-Tree inspections 51.30 6500 DONE STREICHER GUNS, INC. Gun case-Public Safety dept. 19.80 6501 EMMET STARK Services as community band instructor 187.33 6502 ROGER SMOKA Mileage-Tree inspections 91.95 6503 SUBURBAN COMMUNITY SC"VICES Handicap program 20.00 6504 SHAKOPEE SPORTS CENTER Boat oars-Bryant Lake beach 49.75 6505 RAY STODOLA Tree subsidy 350.00 6506 GERALD SCHWANKL Mileage and expenses for State Fire School 41.60 6507 STATE OF MINNESOTA Field engineering and inspection TH169-Schooner Blvd. 3,272.91 6508 STATE OF MINNESOTA Terminal-Public Safety dept. 238.33 6509 SYSTEMS 3, INC. Tape recorder repair-Public Safety 20.00 6510 SEARS ROEBUCK & CO. Miter box, paint for Park Maint. and Shocks for equipment repair 173.17 6511 SUBURBAN CHEVROLET Equipment parts 1.17 6512 TEAM ELECTRONICS Phone switches-Public Safety dept. 2.00 6513 LOWELL T:'ONE Threc year building inspector certificate 15.00 6514 OAN THOMPSON Tennis instructions 744.00 6515 UNIFORMS UNLIMITED, INC. Uniforms-Public Safety dept. 542.94 6516 UNIVERSITY OF MINNESOTA Film for Fire dept. training 3.00 6517 ROGER ULSTAO August expenses 100.00 6518 VAN'S DIRECT Glue-Summer fun program 18.10 6519 VALLEY EQUIPMENT CO. Equipment parts 15.53 6520 LIGHTING CONCEPTS Bulbs for Water dept. 134.88 6521 WATER PRODUCTS COMPANY Parts and supplies for utility repairs 456.66 6522 LORN WOLSKY Mileage-Teen Activities 5.30 6523 WILCOX PAPER COMPANY Office supplies 147.78 6524 XEROX CORPORATION Office supplies 86.45 6525 JOHN FRAME July expenses 110.45 6526 WILLARD R. MCEIAUOIITAN July services-Building dept. 256.00 6527 MA1RTY JESSEN July expenses 126.86 6528 HOWARD NEEDLES, TAIIMEN & BERGEIiDOI F TOTAL 183,184.85 • I)) j1 • CITY Or EDEN PRAIRIE CLERC'S LICENSE-APPLICATION ].1ST . August 2, 1977 CO) RAC`i0'-; (T°..11ti-t';:Ti.1y & Ccn1m.) Auguut Cedaroixand Co. Peter Dut.is,fie1d Co. CONTR\(SCST; (l. C 2 FCoil�_) Adams C.o::tructaon Co., Inc. Re'nson-Girth Associates, Inc. Don W. Psancel Construction DeWitt ;..ol•re Custom Euilders, Inc. 19111netO)1)'.0 Pools, Inc. Nike Scwtcas Co. orfio'h .cnr,ra) Construction C kevier Coil,itrurtion PLL1M191!3C Chet. Norms'', Riun ring, Inc. Suburb.. Eater 1. Fcwe least P1ui nu Co. 77.:28PC,S:AP,1' '- LTCl E Eden Praisi Lion:: Club - August 20, 1977 These licenses have been approved by the department bead responsible for the licensed activity. Rebecca (,to.nncooen, Deputy C1c1k • r�1}5 August 2, 1977 STATE OF' MINNESOTA CITi' OF EDEN PRAIRIE COUNTY OF HENNEPiN The following accounts were audited and aliened as follows: •'-1.1-77 6406 STATE OF MINNESOTA Application for license and title • for truck 3.25 ' 6407 STATE OF MINEESOTA 2nd quarter building permit surcharges collected 5,636.03 7-18-77 6408 PAM LESTER Park & Rec. program insfrneLion service and reimbursement for supplies 134.00 '• 64L7 STATE GE MINNESOTA 2nd quarter FICA report 20,074.38 1 6410 INTERNAL REVrl'UE SERVICE 2nd quarter report of taxes withheld 92.89 6411 ME T I(OPOL I T r,'t WASTE CONTROL C0lflISSION June report of SAC charges received 26,730.00 7-21-J-i7 641F DOCUMENTS S;:CI'.Up; State plumb;ng codes 13.50 64Y Ul(1011l.CTUII ICE GARDENS Ice skating fees for Summer Fun trip 69.50 7-?2-77 6414 U. S. POST OE:';Cr: Stamps for rubric Safcty dept. 90.00 • 7•10-77 5415 PUBLIC E?i,?.UYIIS RETIREMENT Employees withheld anti employers ASSN. contribution 7-22 pay;otl 5,573.93 6416 SUBURBAN NATIONAL EAHE Bond deductions for July 393.75 6417 STATE OF MINNESOTA Taxos hithhcc1 d for July 6 247.04 6418 FLDiRAL Rn'.R'iE ELK Taxes withhuid 7-22 payroll 6,685.37 • 641t! H'ITilo r'.-,' Donations withheld 7-22 n?yrell 22.01 ,7-28-1, 647O\ eL I l Y r,A:,U keimburse fund 41.76 6421, MINNESOTA R:-LnFATieil F. PARK ! t ASSOC. Valley Fair tickets-Park & Rec. programs 1 746.60 S7-29• 77 6422 ALCOHOL C6UNIERRFASURE SYSTEMS Mouthpieces for breath tester (ill) 45.00 6423 TODU ANDERSON Refund on sr.inmming lessons 8.00 6424 11'.;ir ANOE:S00 Mileage-Teen Activities program 7.45 { 6425 Ai4ERICAN NATIONAL BANK Fee for destroying coupons 150.00 6426 ASSOCIATION OF METROPOLITAN MUNICIPALITIES Dues 788.00 6427 ACTION REDDY ;;'ENTS Soc' cutter rental-Public Works dept. 12.00 6428 EARL AHDiESE0 & ASSOC. Marker cones-S'cating rinks 31.20 6429 JANE AEiDZRSON Mileage and reimbursement 'for first aid supplies--Teen Activities 9.34 6430 BROWN l'i;OTO Film and processing-Public Safety dept. 35.14 6431 PRAWN LNCINECEItiG Concrete testing-Forest Knolls 2nd 61.00 6432 RUEiI LSS FURNITURE, INC. Desk, chairs and file cabinet-Public Works dept. aad Park 1laint. 661.28 6423 THOFIAS L. CAIJ ODY Schematic plans for proposed City • Hall Addition 800.00 • 6434 CITY OF EDIN^, Water test 42.00 6435 ;1AROLYf J. CASEULA Guitar instructions 282.00 r136 CIIAPIN PUBLISHING COMPANY Bid ad 45.14 6437 CUTLER-NISULR Quicklime-Water dept. 2,063.32 6438 CADILLAC PIV,71C . Safety goggles, signs and first aid kits-Water dept. 157.11 6439 LYNDA DIEDE Refund co tennis class 22.50 6440 DRY RUNES, INC. Create-A-Play Day sponsored by Eden Prairie Nistorical Commission 360.00 6441 PAUL EENARUSON Rand iinstr,+ctron--Community band 52.00 6412 EDEN PRAIRIE COIIHUNI1Y NEWS June ads 241.40 • August 2, 1977 -29-77 6443 CHERRY ELIIGREN for Teen Center 25.00 • 6444 ELECTRONIC CENTER o,,.,„ +a»•.. 4upy14tr-for Public Safety dept. 14.19 6445 EDEN PRAIRIE GROCERY Supplies for Public Safety dept. 13.44 6446 FISCHER SAND & AGGREGATE CO. Fill sand-Round Lake beach 186.58 6447 LISA FRANSEN Mileage-Teen Work program 17.10 6448 FORESTRY SUPPLIERS, INC. Supplies for marking trees-Tree disease 9 62 program 6449 FEED-RITE CONTROLS .fit. Ferric sulfate-Water dept. 1,100.00 6450 FRONTIER LUMBER - ~ - Materials 205.79 6451 GLEN LAKE BAKERY ', Cookies for election judges r` 7.36 i 6452 GROUP HEALTH PLAN - Employees insurance •'' 691.62 6453 GENERAL SPORTS Lifeguard T-shirts `' 35.40 6454 GLlODEIJ PAINT Paint for Park plaint. 47.20 6455 HOIIARD, NEEDLES, TAGMEN & CERGENDDFE Additional service on Schooner Blvd. 39,545.75\ i 6455 ELEANOR & ARTHUR HCLASE, Contract for deed payment 41,580.00 6457 HENNEPIN COUNTY Prisoners hoard 260.00 6453 HARRON GLASS Windshield-4c c, 7 ea+t 50.00 6459 HENRFPIN COUNTY VO-TECH SCUOOL Food fo meetings hc44--at-sskeel 42.00 6460 HOPKINS CAk WASH �,�:0 P" sta on 1 Wheels two trailer hitches-Playground 110.13 6451 DMi!E HANSON Mileage-General Services dept. 15.70 645? HEN:LI'IN COUNTY .•4,,•,+•fldterials and supplies 166.77 6463 fAYDEN-MDRr'Hti' EQUIPMENT Trailor-Public Works dejPt.o,..,„.,cr 3,000.00 646'1 HONEYWELL Maintenance4Water dept. 6465 JNSTRUNENTATION SERVICES, INC. Repair and calibration of radar 60.00 6465 INTERNATIONAL BUSINESS MACHINES Typeyriter 648.0C r.nb-' EEHIEmn :ODAi. CITY 1YANAc;EI4INI 50.00 ASSOCIATION Dues for Marty Jcssen 107.04 6468 CARL JULIE July expenses 6469 JOHM-0N-SOLBLRG DUILDERS Refund double payment of contractors 15.00 license 6470 JOIIi!-BEGIER CO., INC. Concrete blocks- Riley Lake and Bryant 20.00 Lake beaches 6471 W J_EER D. JOHNSON Reimbursement of supplies and expenses 21.89 6472 BARC KRUDSE: Music for Teen Center 10.00 6473 KOK[.SH Lifeguard suits, soccer balls and volley balls-Round Lake Beach 348.15 I rn^ 1'-7D.41 Fa 4d M!rrrra wi rl' F.Jr 501.98 6474 I:E,A�•t��,.� Ii.ARD4LIRE �3 6475 MUIRV L/CE!I Mileage and expanses for State Fire 35.94 school 6476 JOHN t ATZKE Mileage - '' e' ` 18.90 • 6477 LONG LAKE FORD Eg t repair / o^P 98.75 6478 DOUCLAS LARSON Tree subsidy 150.00 • 6479 METROPOLITAN ANIMAL PATROL June services 754.50 • 6480 MEDICAL OXYGEN Oxygen-Fire dept. 46.16 6481 RASON PURLIS!IILG CO. 1977 new laws-Public Safety dept. 20•00 6482 MINNJESOFA RECREATION & PARK 254.00 ' ASSN. State registration-Softball i 6483 MAYVIEU RADIO Repair communication equipment-Fire dept. 3�.50 • 6484 MINNE SOTA VALLEY ELEC1RIC CO-OP Services 43.92 6485 MINIJESOTA AUDIO VISUAL Overhea3 projector bulbs 184.20 6485 IIIDWEST ASPHALT CORPORATION Asphalt-Drainage control 6487 3n BUSINESS PRODUCTS Copy machine-Public Safety dept. 113.00 6488 HIUNLGASCO Services 104.70 8409 NORTHERN STATES POWER COMPANY Services-Public Information dept. 16.90 6490 NATIONAL PARK & RECREATION ASSN. 1977 conference registration for Marty Jessen 75.00 . . August 2, 1977 I' i7-29-77 6491 NORTHLAND Icecream for concessions 59.30 6492 NORTHWESTERN BELL Services 1,168.115 6493 NORTHERN STATES POWER Services 4,114.36 6494 LOR1LEE OLSON Refund on tennis lessons 8.50 6495 PRESERVE ASSOCIATION Lease of facilities for summer play ground program 6496 PHOENIX MusicforTeenCenter 250.00 6497 THE PRESERVE lease for playgroun program 1.00 6498 SIEGFRIED J. RINNIE Tree subsidy 25.00 6499 ROGER N. PUTT Mileage-Tree inspections 51.30 6500 DUNE STRETCHER GUNS, INC. Gun case-Public Safety dept. 19.80 6501 EMMET STARK Services as community band instructor 187.33 6502 ROGER SMOKA Mileage-Tree inspections 91.95 6503 SUi3UR0AN (CiS JNIT't SE7ICCS Na#o,ce,. G�.eaxR,.. 20.00 . 6504 SI:AKUPEE SPORTS CENTEir Boat oars-6ryant Lake bcach 49.76 6505 FAY STODULA Tree subsidy 350.00 6506 GERALD SCHW NKL. Mileage and expenses for St,te Fir2 School 41.60 6507 STATE OF !IIN!i[;CTA Field engineering and inspection !ESOTA 6G08 STAT: OF Dtq!d TH169-Schocner Blvd. 3,?72.91 • i Terminal-Public Safety dept. 236.33 6509 SYS1EH3 3, iNC. Tape recorder repair-Public Safety 20.00 8510 SEARS ROEBUCK 2, CO. Miter box, paint for Park Maint. and Shocks for equipment repair 173.17 6511 SUBURBAN CHINRITEET Equipment parts 1.17 45i2 TEAM ELECTRONICS Phone switches-Public Safety dept. 2.00 rr,, `,1.wr.! -1C T'i'E• _.� .E � .CC yt;ur b.;ilaing 1n.,,. .....r ., ^tii Kate (".UU U)-: - OAR TNOM'50'l Tennis instrv•,:r:ions 744.00 6;15 UNIFORMS UNI IMITED, INC. Uniforms-Publ ir, Safety dept. 542.94 6516 UNIVf.RS)TY Or M1 HESOT.A Film for Fire dept. training S.00 6517 ROGER OISTAD August expenses 100.U:j , 6518 VAR'S DIRECT Glue-Summer fun program 16.10 6519 V LLEY EQL'IPNEi:T CO. Equipment parts 15.55 6520 LIGHTING CONCEPTS Bulbs for Water dept. 134.88 6521 WATER 2RONCTS COMPANY Parts and supplies for utility repairs 456.66 6522 LORN WOLSKY Mileage-Teen Activities 5.3D 6523 WILCOX PAPER COMPANY Office supplies 147.78 • 6524 XEROX CORPORATION Office supplies 86.45 6525 JOHN FRAP'E July expenses 110.45 6526 WiLLARD R. MCNAUGITAN July services-Building dept. 256.O0 • 6527 t?ARTY .)E.SSEtd July expenses 126.86 TOTAL 183,184.55