HomeMy WebLinkAboutCity Council - 10/18/1977 JOHN FRANE
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTC'f,LR 18, 1977 7:00 PM, CITY HALL
COUNCIL MEMB:;;S: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, i
Dave Osterholt and Sidney Pauly
COUNCIL STAFF: City Manager Roger Ulstad; City Attorney
Harlan Perbix; Planner Oick Putnam; Finance
Director John Frane; Oirector of Community ;4
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Services (tarty Jessen; Engineer Carl Jullie;
and Joyce Provo, Recording Secretary
INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL
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I. APPROVAL OF AGENOA ANO OTHER ITEMS OF BUSINESS 1
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II. CONTRIBUTION OF $2,500 FOR PARK SHELTER FROM THE LION'S CLUB (Presentation #
to be made by Curt Connaughty, representing the Lion's Club)
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Ill. MINUTES OF THE REGULARLY SCHEOULEO COUNCIL MEETING HELO TUESDAY, Page 5665
SEPTEMBER 20, 1977
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IV. PUBLIC HEARINGS
A. T.H. 5 & County Road 4, Planned Study Rezoning, consideration of Page 5673
properties in the NE, SE and SW quadrants of the 4/5 intersection
Ordinance No. 77-35, rezoning the properties hack to Planned i
Study for 1 year or until time of Guide Plan Update completion,
whichever occurs first) t
V. REPORTS OF ADVISORY COMMISSIONS
VI. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from residents of The Preserve regarding Windslope Page 5679
B. Request from residents living on Leesborough Avenue, West 66th Street,Page 56e4
and Manchester Lane
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VII. ORDINANCES & RESOLUTIONS I
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A. 2nd Reading of Ordinance No. 77-30 approving rezoning from R1-22 Page 5685
and I-General to Rl-1's.5 and RM 6.5t for Vale Woods, Oirlam
Properties, and rezoning agreement
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B. 2nd_
Reading of Ordinance No. 77-32, renaming Garrison. Way to Amsden Page 5406 a
C. 1st Reading of Ordinance No. 77-36, amending Ordinance No. 186, Page 5700
pertaining to the prevention and control of tree disease
VIII. REPORTS OF OFFICERS, BOAROS & COMMISSIONS
A. ports of Council Members
Council Agenda - 2 - Tues.,October 18, 1977
B. Report of City Manager
1. Suburban Public Health Nursing Service . Page 5705
2. Memo from the Development Commission Page 5706
3. Authorization to advertise for bids for 2 intermediate Page 5711
and 2 compact size police vehicles
C. Report of City Attorney
• 1. Helle lawsuit •
D. Report of City Engineer
1. Consider bids for sewer and water improvements in Edenview I, Page 5716A
Kutcher's 1st Addition and Kurtz Lane, I.C. 51-300 and watermain
and street improvements on Homeward Hills Road, I.C. 51-309
(Resolution No.77-141 )
2. Final Plat approval for Basswoods 3rd Townhouse Addition Page 5718
(Resolution No.77-142 )
E. Report of Finance Director
1. Clerk's License List Page 5719
2. Payment of Claims Nos. 7127 - 7235 Page 5720
IX.NEW BUSINESS
X.ADJOURNMENT.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL •.
TUESDAY, SEPTEMBER 20, 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
Keith Simons; City Engineer Carl Jullie;
Director of Community Services Marty Jessen;
Finance Director John Frane; and Joyce Provo,
Recording Secretary
INVOCATION: Councilman Dave Osterholt
PLEDGE OF ALLEGIANCE
ROLL CALL: Bye, Osterholt, Pauly and Penzel "present"; Meyers "absent".
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the agenda under the "New
Business" category:
A. Resolution receiving petition for utility and street improvements
in Country Vista plat
B. Hendrickson Land Hold Agreement
MOTION: Osterholt moved, seconded by Pauly, to approve the agenda as amended
and published. Motion carried unanimously.
II. INTRODUCTION OF WARD DAHLBERG, MANAGER, MUNICIPAL LIQUOR STORE
City Manager Ulstad introduced Ward Dahlberg, the Manager of the Municipal
Liquor Store.
III. MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY, AUGUST 16, 1977
Pg. 4, 2nd para., 2nd line, after "1 1/2%" strike the remainder of the sentence
and insert in lieu thereof the following: "above the net interest rate on these
bonds for this project." Last para., last sentence, strike "Preserve Boulevard"
and insert "Anderson Lakes Parkway".
Pg. 5, 2nd para., 2nd line, strike"Preserve Boulevard" and insert "Anderson
Lakes Parkway".
Pg. 9, last line on the page, strike "PM" and insert "AM".
MOTION: Osterholt moved, seconded by Pauly, to approve the minutes of the Regular
Council Meeting held Tuesday, August 16, 1977, as amended and published. Motion
carried unanimously.
Council Minutes - 2 - Tues.,September 20, 1g77
IV. PUBLIC HEARINGS
A. 1977 Special Assessment Hearing (Resolution No. 77-122)
City Manager Ulstad read the introduction to the Special Assessment
Hearing and called upon City Engineer Jullie to explain the scope of each
project and the proposed assessment roll. Ulstad further announced that
members of the City Engineering Staff are available in the Annex Building
to give specific assessment information anyone might desire.
City Engineer Jullie outlined the total project cost and assessment data
for each project.
Leon Kruse, g250 Eden Prairie Road, and Floyd Sable, g580 Eden Prairie
Road, spoke in opposition to I.C. 51-2g3, Street improvement on Eden Prairie
Road south of County Road 1, stating they felt this was a very poor job, i.e.,
the road has washed out in front of Mr. Sable's home, Eden Prairie Road
has become a race track, and it is dangerous for school buses at the curve
by Mr. Kruse's home when cars are travelling at a faster speed than usual.
Council suggested random surveillance of Eden Prairie Road in an attempt
to slow traffic down.
City Engineer Jullie spoke to the supplemental assessment list and the following
asked questions of Mr. Jullie: Mrs. Evans, 17017 Townline Road, asked for
consideration of a deferral of the trunk assessment on their property until
such time as a lateral is available. Jullie explained that trunk levies are
made on the districts served on a particular trunk line. James Carter,
15g01 North Lund Drive, explained that he has been trying to market property
but has been unable to do so due to the soil quality. Jullie requested that
Mr. Carter submit a letter with a soil exploration indicating the soil
borings prior to the October 4th Council meeting for Plat #56856, Parcel
3800, Edenview 2nd.
Lloyd Cherne, 858D Flying Cloud Drive,questioned if a property owner wants
to be deferred on a homestead, do they have to be over 65 years old. City Manager
replied in the affirmative to Mr. Cherne's question.
A recess was called for the purpose of giving people an opportunity to inquire
of the Engineering Staff as to any questions they may have on their assessments.
MOTION: Osterholt moved, seconded by Pauly, to instruct staff to make a mailing
to the property owners of 10 acres or less advising them of the option of an
additional deferment for 3 years with interest to accumulate over the period
of time as it has over the last 5 years, and that the property owner must
request deferment prior to October 4th. Osterholt and Pauly voted "aye",
Bye and Penzel voted "nay". Motion failed.
Cal Anderson, 7214 Topview Road, requested a deferment on his property on West
78th Street and questioned what affect Green Acres may have on this. Keith
Simons, City Attorney, stated that Green Acres is another form of deferment
and it would take precedent over any action the Council may take.
MOTION: Bye moved, seconded by Pauly, to continue the 1g77 Special Assessment
Hearing and Resolution No. 77-122 to the October 4, 1g77 Council meeting.
Motion carried unanimously.
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Council Minutes - 3 - Tues.,September 20, 1977
A. 1977 Special Assessment Hearing (continued)
City Engineer Jullie spoke to the written request from Don Peterson,
Edenvale, objecting to some of the trunk sewer and water assessments. Council
requested that this request be referred to the Staff and placed on file.
B. Garrison Forest 2nd Addition, The Preserve, request to rezone from Rural
to R1-13.5 and preliminary plat 43 lots on approximately 25 acres
City Manager Ulstad explained that the proponent has asked for a continuation
of this Public Hearing to the October 4, 1977 Council meeting.
MOTION: Pauly moved, seconded by Osterholt, to continue the Public Hearing
for Garrison Forest 2nd Addition by The Preserve to the October 4, 1977
Council meeting. Motion carried unanimously.
C. Gunnarson Land Development, request to rezone 2.3 acres at 12975 Pioneer Trail
from Rural to 1-2 Park (Ordinance No. 77-25)
City Manager Ulstad spoke to request from Mr. Gunnarson that this
Public Hearing be continued to a date uncertain.
MOTION: Osterholt moved, seconded by Bye, the the Gunnarson Land Development
Public Hearing be deleted from the agenda and not be placed on a future agenda
until republished. Motion carried unanimously.
D. 1978 City Budget
City Manager Ulstad spoke to the additional information requested by the
Council at the September 12th Council meeting. He further stated that the
request from the Parks, Recreation & Natural Resources Commission for capital
outlay for park improvements has been removed from the budget request, noting
that this item can be considered by the Council at any time. Ulstad explained
that the mill levy for 1977 was 16.256 mills, and the proposed mill levy for
1978 is 17.287 mills.
Finance Director Frane and Director of Community Services Jessen answered
questions of Council members.
Jessen explained that two places the tree disease control segment of the
budget could be reduced were 1) reduction in the subsidy payments, and 2) hauling
of the trees. He further stated that the subsidy area is where the biggest
bite is taken.
General discussion took place pertaining to the clear cutting of trees, both
by developers and the City, and what incentives could be given for reforestation.
• MOTION: 8ye moved, seconded by Osterholt to continue final consideration
of the 1978 City Budget to the October 4, 1977 Council meeting. Motion carried
unanimously.
V. REPORTS OF ADVISORY COMMISSIONS
No reports.
5G�%7
Council Minutes - 4 - Tues.,September 20, 1977
VI. ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. 77-32, renaming Garrison Way to Amsden Way
MOTION: Bye moved, seconded by Pauly, to continue the 1st Reading of
Ordinance No. 77-32 to the October 4, 1977 Council meeting. Motion carried
unanimously.
B. Resolution No. 77-126, removing restrictions on Lots 5 and 6 in Edenvale's
Greens Addition
MOTION: Pauly moved, seconded by Bye, to adopt Resolution No. 77-126, removing
restrictions on Lots 5 and 6 in Edenvale's Greens Addition. Motion carried
unanimously.
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. 2 Appointments to the Development Commission (1 term to expire 2/28/7B,
and 1 term to expire 2/28/79)
MOTION: Bye moved, seconded by Dsterholt, to continue the appointments
to the Development Commission to the October 4, 1977 Council meeting.
Motion carried unanimously.
B. Report of City Manager
1. Request to set a Public Hearing for Universal Land Corporation (Knoble
Addition) for October 18, 1977
MOTION: Bye moved, seconded by Pauly, to set November 1, 1977 as the
Public Hearing date for Universal Land Corporation (Knoble Addition).
Motion carried unanimously.
2. Request to set a Public Hearing for Standard Oil for October 18, 1977
MOTION: Bye moved, seconded by Pauly, to set November 1, 1977 as the
Public Hearing date for Standard Oil. Motion carried unanimously.
3. Request to set a Public Hearing for Edengate for October 18, 1977
MOTION: Osterholt moved, seconded by Pauly, to set November 1, 1977 as the
Public Hearing date for Edengate. Motion carried unanimously.
Bye requested a legal review by the City Attorney prior to the Public
Hearing.
C. Report of Director of Community Services
1. Report from the Parks, Recreation & Natural Resources Commission on Cash
Park Fee Policy/Land dedication requirements
Director of Community Services Jessen reported on the action taken at
the Parks, Recreation & Natural Resources Commission on September 19, 1977.
MOTION: Osterholt moved, seconded by Bye, that this item be placed on
a future agenda and that a written report be submitted to the Council.
Motion carried unanimously.
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Council Minutes - 5 - Tues.,September 20, 1977
2. Parks Maintenance Equipment
City Manager Ulstad spoke to memo from Marty Jessen dated
September 1, 1977 recommending that the Council authorize the
expenditure of $34,277 for parks maintenance equipment.
Ulstad further explained that he would like to change the request to
$7,000 for a 1 ton stake truck, and $14,000 for a 7 gang mower with
broom and cab.
MOTION: Bye moved, seconded by Osterholt to authorize the adyertisement for
bids for a 1 ton stake truck and a 7 gang mower with broom and cab.
Roll Call Vote: Bye, Osterholt, Pauly and Penzel voted "aye". _Motion
carried unanimously.
3. Consideration of exercising Bren options at Bryant Lake
MOTION: Pauly moved, seconded by Osterholt, to authorize the exercising
of the Bren options at Bryant Lake as per memo dated September 16, 1977
from Marty Jessen. Roll Call Vote: Pauly, Osterholt, Bye and Penzel
voted "aye". Motion carried unanimously.
D. Report of City Engineer
1. Preliminary plat approval for "Country Vista" at Duck Lake Trail and
168th Street (Resolution No. 77-121)
Tim Pierce, owners' and buyer's agent, Pierce & Associates, spoke to the
preliminary plat for Country Vista and introduced Raymond and Edith Stodola,
owners, and Dennis Truempi, Trumpy Homes, Inc., who will be buying :nd
developing the area under consideration.
Helen Schoeneck, 16950 North Manor Road, spoke in opposition to putting
two more dead ends on an already dead end street. She questioned if it
wouldn't be safer to put a through street in when there are to be so
many more homes in the area.
Pierce explained they have looked at the possibility of a through
street, however, there are several reasons why cul-de-sacs are more
attractive. First of all, people buy on cul-de-sacs which make them
very marketable. Second, in order to have a through street, two tots
would be lost which changes the cost factor per unit by 20%.
Jane Roeder, 6435 168th Avenue West, stated that when you get alot of
children waiting for a bus at one bus stop it presents a very real
problem.
Mrs. Schoeneck voiced her concern about children with no park access for
them. Penzel responded there is an overall trail system plan envisioned
along Duck Lake Trail and Duck Lake Road to the park site.
Director of Community Services Jessen explained that the Parks, Recreation
& Natural Resources Commission have discussed neighborhood parks just
north and east of this particular development area within 1/4 mile of this
project and the Coachlight Addition.
Council Minutes - 6 - Tues.,September 20, 1977
1. Preliminary plat approval for "Country Vista" at Duck Lake Trail and
168th Street continued)
Liz Retterath, 9011 Highpoint Circle, informed the Council of a study
conducted by a University whereby a conclusion was reached that cul-de-sacs
are safer from robberies and vandalism.
Osterholt expressed his concern about the densities exceeding Ordinance
No. 135 of more than 2 lots per acre.
Jessen explained that the Parks, Recreation & Natural Resources Commission
considered this proposal Monday, September 19, 1977, and it was approved
pending cash park fee and trails.
Pierce stated that the nature of the property is a very straight forward
non-complicated plat, and most important it comes out to dollars and
cents. If you go to 2 per acre, it becomes very difficult for a developer
to make things fit together. He further explained that the Planning Commission
approved the plat and the density.
Osterholt noted that Ordinance No. 135 specifically states that economic
factors should not be considered as a reason for variances. Also that
in the plat there is a cul-de-sac on a cul-de-sac and this is not the best.
Pauly expressed a certain amount of reluctance in approving the preliminary
plat for "Country Vista", but felt it was something that was approved by
an earlier Council so she couldn't find valid reasons to vote against
the proposal under those circumstances. She also stated she does not
like the fact it has more than 2 units per acre, but again will live with
it because of the earlier approvals.
MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 77-121,
approving the preliminary plat of "Country Vista" Addition. Bye, Pauly
and Penzel voted "aye", Osterholt "abstained". Motion carried.
2. Approve plans and specifications and order advertisement for bids on utility
improvements in Edenview I, Kutcher's Addition and Kurtz Lane, I.C. 51-300;
and utility and street improvements on Homeward Hills Road, I.C. 51-309
City Engineer Jullie spoke to Resolution No. 77-123, noting that Homeward
Hills has been added to the package for bid purposes as requested by the
Council. Jullie further explained that the proposed sewer line would go
through two lots and construction easements will have to be acquired, and
that the City is going to try and make every effort to work with the two
parties in a settlement for the easement.
Dale Allar, 15543 Park Terrace Drive, noted that the manhole cover would
be put in the middle of his driveway. He feels there are some other alternatives
that have not been considered. Jullie stated he would look at that particular
situation; however, the only other alternative is to come down to Birch
Island Road and go south and then west into Paradise Valley.
Dennis Dartt, 15536 Park Terrace Drive, stated he would like some kind of
compensation and screening material, and asked if the City would hire a
professional planner or landscaper. Jullie explained that the City has a
Council Minutes - 7 - Tues.,September 20, 1977
2. Approve plans and specifications and order advertisement for bids on utility
improvements in Edneview I, Kutcher's Addition and Kurtz Lane, I.G. 51-300;
and utilityand street improvements on Homeward Hills Road, I.C. 51-309
(Continued)
Landscape Architect on our staff that can help and every effort will be
made to satisfy this request. Jullie further stated he does not want to
leave these people with a detriment to their property.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-123,
approving plans and specifications and ordering advertisement for bids,
I.C. 51-300 and I.C. 51-309. Motion carried unanimously.
3. Final plat approval for Edenvale Industrial Park 3rd Addition
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-124,
approving final plat of Edenvale Industrial Park 3rd Addition. Motion
carried unanimously.
4. Final plat approval for Forest Knolls 2nd Addition
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-125,
approving the final plat for Forest Knolls 2nd Addition. Motion carried
unanimously.
E. Report of Finance Director
1. Award a $2,598,000.00 on General Obligation Bonds and Certificates of
Indebtedness
Finance Director Frane explained that bids were received at 6:00 PM today
for $2,598,000 General Obligation Bonds and Certificates of Indebtedness,
and that three bids were received. Frane recommended that the Council
consider awarding the bids to the lowest bidder, Piper, Jaffray & Hopwood.
Bill Fahey, Ehlers & Associates, answered questions of Council members
and explained that Eden Prairie is strongly being considered for a Al
rating next year..
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No.
77-120a, awarding the sale of $998,000 Fire Equipment Bonds, $1,400,000 Water
and Sewer Bonds, and $200,000 Certificates of Indebtedness to Piper,
Jaffray & Hopwood, Inc. of Minneapolis, Mn., and associates; Resolution
No. 77-120b, relating to $998,000 Fire Equipment Bonds of the City,
authorizing the issuance and prescribing the form and details thereof,
creating a sinking fund therefor, and levying taxes for the payment thereof;
Resolution No. 77-120c, relating to $1,400,000 water and sewer bonds of the
City, authorizing the issuance and prescribing the form and details thereof,
providing for their payment from an existing bond fund, and levying and other-
wise providing for the payment thereof; and Resolution No. 77-120d, relating
to $200,000 Certificates of Indebtedness of the City, authorizing the issuance
and prescribing the form and details thereof, creating a sinking fund therefor,
and levying taxes for the payment thereof. Roll Call Vote: Osterholt,
Pauly, Bye and Penzel voted "aye". Motion carried unanimously.
156?1
Council Minutes - 8 - Tues.,September 20, 1977
2. Clerk's License List
MOTION: Osterholt moved, seconded by Bye, to approve the Clerk's
111
License List dated September 20, 1977. Motion carried unanimously.
3. Payment of Claims Nos. 6886 - 6993
MOTION: Bye moved, seconded by Osterholt, to approve Payment of
Claims Nos. 6886 - 6993. Roll Call Vote: Bye, Osterholt, Pauly
and Penzel voted "aye". Motion carried unanimously.
VIII.NEW BUSINESS
A. Resolution receiving petition for utility and street improvements in
Country Vista plat
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. •
77-127, receiving petition for utility and street improvements in
Country Vista plat. Motion carried unanimously.
B. Hendrickson Land Hold Agreement
MOTION: Bye moved, seconded by Osterholt, to approve the Hendrickson
Land Hold Agreement. Motion carried unanimously.
City Manager Ulstad spoke to the telephone call he had received from Paul
Redpath whereby the City of Eden Prairie will have its own Zip Code effective
October 15, 1977. The new Zip Code will be 55344.
City Manager Ulstad announced the resignation of City Planner Dick Putnam and
distributed letter from Mr. Putnam.
MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 77-139,
commending Dick Putnam and wishing him success in any endeavors he may undertake.
Motion carried unanimously.
IX. ADJOURNMENT
MOTION: Bye moved, seconded by Osterholt, to adjourn the meeting at 10:55 PM.
Motion carried unanimously.
•
iI
Unapproved
Planning Commission
-3- Sept. 26, 1977
D. Planned Stud Districts in the Southeast,Southwest and Northeast cornefs
of Co. Rd. 4 and T.H.S.
The planner informed the Commission the areas in question were placed in Planned
Studysed
the Council May suggested theCommission6, re the recommendnned Study the areas besplaced backnations into
May of 1977.Su He is complete. He then
Planned Study for one more year until the Guide Plan Update
referred the Commission to the letter fr
Kamstra Communication , Inc., and Fuller
Labs regarding their affected prope rifr
Dearman asked if the City has any application on file for development in
nthefiled.
quadrants. The Planner replied discussions have taken place, but no applications
Motion:
Lynch moved, Bearman seconded, to recommend rezoningtbackei to Planneda Study
Sfory
for
the areas around the Co.Rd. 4/TH 5 intersection,
in May of 1976 and lapsed May 1977, for a period of one year or at time of Guide
Plan Update completion which ever occurs first. Motion carried unanimously.
5693
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CITY OF EDEN PRAIRIE '
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will
meet in the Eden Prairie City Hall, 8950 Edcn Prairie Road on
Tuesday, October 18, 1977, at 7:00 PM, and will at said time and
place conduct a public hearing on the possible rezoning of
properties described on back,which were zoned Planned Study and
have lapsed,back into Planned Study .
Location: Properties in the Northeast, Southeast and Southwest
corners of the TH 5/ Co. Rd. 4 intersection(see map
below ).
All comments, suggestions and/or inquiries should be submitted
in advance of the hearing or at the hearing itself.
BY ORDER OF THE CITY COUNCIL -
Published in Eden Prairie News Oct. 6, 1977
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Subd. 1. Lot 27, Mork 7,Westgate Addition according to the • 1
plat thereof on file and of record in the Office of the Registrar
of Deeds, Hennepin County,Minnesota, •
Subd. 2. All that part of the Southeast Quarter of the Southeast
Quarter of Section 8, Township 116, Range 22, lying Northerly of
the following described lino: beginning at a point on the East
lien of the said Quarter Quarter, distance 600 feet Noah of the
Southeast corner thereof; thence Westerly parallel with the South
line of the said Quarter Quarter, distance 800 feet; thence
• Northwesterly to a point on the West lino of the said Quarter
Quarter, distance 770 feet Northerly of the Southwest corner of
the said Quarter Quarter and there terminating,
Subd. 3. All that part of the Southeast Quarter of the Southeast
Quarter of Section 8, Township 116, Range 22, lying Northerly of the
Northerly right-of-way line of State Highway No.•5 and Southerly
•of the following described line: beginning at a point on the East
line of the said Quarter Quarter, distance 600 feet North of the
Southeast corner thereof; thence Westerly parallel with the South
• line of the said Quartet Quarter, distance 800 feet; thence
Northwesterly to a point on the West line of the said Quarter Quarter,
distance 770 feet Northerly of the Southwest corner of the said
Quarter Quarter and there terminating,
Subd. 4. All that part of the Southeaat Quarter of the Southeast
Quarter of Section 8, Township 116. Range 22, lying Southerly of
the Southerly right-of-way-line of State Highway No. 5,
pubd. 5. All that part of the Southwest Quarter of the Southeast
Quarter of Section 8, Township 116, Range 22, lying Southerly of the
Southerly right-of-way line of State Highway No. 5 and Westerly of
the Easterly 840 feet thereof,
Suhd.66. That part of the Westerly 840 feet of the Southwest Quarter
• of the Southeast Quarter of Section 8, Township 116, Range 22,
lying Southerly of the Southerly right-of-way line of State Highway
No. 5, excepting therefrom a parcel described as commencing at the
Southwest ..orner of the Southwest Quarter of the Southeast Quarter
• of said Section 8; thence Easterly along the South line therecf,
distance 951.5 feet to a point known as point "A"; thence Northerly
at right angles to the center line of State Highway No. 5, said
point being the actual point of beginning; thence Southerly to
point A; thence deflect to the left 72 degrees,0 minutes and
10 seconds to the center line of County Road No. 4; thence Northerly
along the said center line to the center line of said State Highway
No. 5; thence Northwesterly along said center line to the point of
beginning,
Subd. 7. All that part of the Northeast Quarter of the Northeast
Quarter of Section 17, Township 116, Range 22, lying North of the
South 680 feet thereof, Southerly of State Highway No. 5, and
. Westerly of the Northerly extension of the Easterly line of the
Lincolnwood Addition according to the plat thereof on file and of
record in the Office of the Registrar of Deeds, Hennepin County,
Minnesota,
Subd, 8. That part of Sections 8 and 17, Township 116, Range 22
described as follows: Commencing at the Southwest corner of
Southwest 1/4 of Southeast 1/4, :hence East along South line thereof
951.05 feet to a point known as Point A, thence North at right
angle to the center line of State Highway No. 5, said point being
actual point of beginning, thence South to Point A, thence deflect
left 72 degrees, 00 minutes 10 seconds to the center line of County
Road No. 4, thence North along said center line to the center line
of State Highway No. 5, thence Northwesterly along said center line
to beginning, except roads,
Subd. 9. Also the North 511.50 feet of the West half of the NEt of
Suction 17, Township lib, Range 22, except that psrt thereof lying
Northerly of a line drawn Southeasterly rt en angle of 17 degrees 00
• minutes SO seconds to said North line from a point thereon distant
951.50 feet Fast of the Northwest corner thereof, •
plaid. 10. The East 217.8 feet of the West 959.8 feet of the South
300 feet of the Southwest Quarter of the Southwest Quarter. Section
9, Township 116, Range 22,
Subd. 11. That part of the South 300 feet of the Southwest Quarter
of the Southwest Quarter lying East of the West 959.8 feet thereof
except the railroad right-of-way, Section 9, Towuship 116, Range 22,
SCMA,; eJI pc sc^c Gl'a In p:; •.:.r commum:.xtan
C.
��, KAMSTRA COMMUNICATIONS.INC„2233 NORTH HAMLINE AVE. ST.PAUI,MINN.55113
K.M.KAMSTRA
• '
PHdONM
• September 21,1977
Mr.Dick Putnam
Planning Director
Eden Prairie City Offices
8950 Eden Prairie Road
Eden Prairie,MN 55343
•
Re: Parcel#3480-Plat#56717
• Dear Mr.Putnam:
Since I will not be able to attend the Eden Prairie Planning Commission
meeting on Monday,September 26,1977,1 am sending this letter to
express my feelings regarding the rezoning of the southeast corner of
TH5 and County Road 4.
I originally purchased this land with a PUD commercial zoning. While
It's true no firm proposals have been presented to the planning commission,
I do not believe it is fair to now change the zoning of this parcel to any-
thing other than what was represented at the time of purchase. My
parcel,which is adjacent to Standard Oil's property,would make an
excellent commercial location.
Yours truly,
.M.K rostra
sm
ca Roger Ulstad,City Manager
SALES PROMOTION • MARKETING • COMMUNICATIONS • TELEPHONE 531.2511 • AREA CODE 411 I
fuller
PARKE-DAVIS
FULLER LABORATORIES,INC.v 7900 FULLER ROAD u EDEN PRAIRIE,MINNESOTA55343 o PHONE(812)941.4861
•
September 23, 1977
Eden Prairie Planning Commission
Eden Prairie City Hali
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Re: Rezoning Southeast Corner of TH 5 and Co. Rd. 4
Gentlemen:
The Fuller Laboratories plant presently occupies Parcel 3450 zoned h-Park.
In addition, Puller has acquired the adjoining Parcel 3475 which we have been
advised is also zoned I2-Park.
Would the Planning Commission please consider retaining the present zoning
on Parcel 31175 and the westerly 150 feet of Parcel 3450 rather than returning
them to the"Planned Study".
Please note also that Fuller Laboratories presently owns Parcel 403. This
parcel was acquired for possible future access to Co. Rd. 4 from our plant
site on 3475 and 3450.
I would appreciate receiving notification of any action that is taken regarding
these parcels.
Sincer ly. •
• Pti.a01
Vice President and General Manager
et
SUBSIDIARY OF PARKE,DAVIS 6 CO.
On Tuesday, October 18, 1977, we, the following residents of Westwind, will
be asking the Eden Prairie City Council to dismiss the lawsuit against
Windslope Associates, et. al. regarding the exterior siding on the Windslope
Apartments. Windslope Assbciates has offered us a buffer of landscaping on
our properties (directly across the street from the project) or on the
outlots adjacent thereto to reduce the visual impact of the apartments and
provide privacy for our properties. One of the conditions of the agreement
is that the City of Eden Prairie dismiss the lawsuit against Windslope
Associates, et. al. We sincerely appreciate the support and cooperation you
have extended in the past, however, since we understand that the City's
chances of winning the lawsuit are minimal, we feel that our interests are
best served by accepting the landscaping.
Spear, Scholle's, Duke's, Bell's, Bisson's, Ebersole's, Root's, Zadach's,
Rugloski's and Paul
AGREEMENT
This is an agreement between Windslope Associates, a Minnesota
limited partnership, and Violet Spear, Mark and Barbara Scholle,
Thomas E. and Judith A. Duke, Larry R. and Sandra J. Bell, Carl P.
and LeeAnn T. Sisson, William E. and Margaretha H. Ebersole, .
Melvin D. and Marie A. Root, Bruce F. and Patricia K. Zadach,
James A. and Paula A. Rugloski, and Carol A. Paul, herein collectively
referred to as the neighborhood group, dated this day of
October, 1977.
WHEREAS, Windslope Associates, a Minnesota limited partnership,
is constructing housing units known as Windslope in a subdivision
known as "The Preserve" in Eden Prairie, Minnesota; and
WHEREAS, the neighborhood group owns various parcels of real
property also situated in "The Preserve" and with sight lines to the
Windslope Project; and
WHEREAS, the City of Eden Prairie has commenced a lawsuit against
Windslope Associates and others wherein the City of Eden Prairie
challenges the propriety of the exterior surface of the Windslope
Project; and
WHEREAS, the neighborhood group desires that Windslope Associates
complete on the neighborhood group's real estate certain landscaping
services, said services which are more fully identified on Exhibit A
attached hereto; and
WHEREAS, Windslope Associates desires that the neighborhood group
shall (a) effect a settlement of the aforesaid lawsuit and (b) release
Windslope Associates as a partnership, National Housing Partnership,
and National Corporation for Housing Partnerships from any and all claim;
which the neighborhood group, collectively and individually, may hate
or may assert relating to the Windslope Project and relating to the
completion of tie aforesaid landscape services;
NOW THEREFORE, the parties hereto covenant, agree and contract
as follows:
1. The neighborhood group shall ask to be placed on the agenda
of either a regular or special meeting of the City Council of the City
of Eden Prairie, said meeting to take place as soon as possible after
the date hereof, but in no event later than thirty (30) days hereafter.
2. At the said City Council meeting, the neighborhood group
shall urge the dismissal of the aforesaid lawsuit and shall exercise
its best efforts to secure dismissal of said lawsuit in accordance
with the Stipulation of Dismissal attached hereto as Exhibit B.
3. Windslope Associates shall, CONTINGENT ON THE EXECUTION OF
THE SAID STIPULATION OF DISMISSAL BY THE EDEN PRAIRIE CITY COUNCIL,
upon execution of the said Stipulation commence and complete the land-
scaping treatment set forth on the aforesaid Exhibit A, at its expense
and without any charge or cost to the neighborhood group. In the
event that the Eden Prairie City Council shall fail to so dismiss
said lawsuit, this Agreement shall be null and void..
4. The neighborhood group, CONTINGENT ON THE SATISFACTORY
COMPLETION OF THE AFORESAID LANDSCAPING TREATMENT, hereby releases
and forever discharges from any claims, liabilities, or obligations
relating to the Windslope Project the following parties: Windslope
Associates, as a Minnesota limited partnership; National Housing
Partnership; National Housing Corporation for Housing Partnerships,
Greater Minneapolis Metropolitan Housing Corporation, Tha Preserve,
a co-partnership consisting of Carter & Gertz, Inc. a Minnesota
corporation and The Minnesota Gas Company, a Delaware corporation,
and The Preserve Homeowners Association, a Minnesota non-profit
corporation.
5. The neighborhood group, collectively or individually,
hereby consents to Windslope Associates and its agents entry onto their
real estate for the purpose of completing the aforesaid landscaping
service and specifically grants to Windslope Associates and its agents
5681
easements for the purpose of completing said landscaping services
in the following real estate:
Violet Spear, Lot 13, Block 5, Westwind Addition
Mark and Barbara Scholle, Lot 12, Block 5, Westwind Addition
Thomas E.and Judith A. Duke, Lot 11, Block 5, Westwind Addition
Larry R.and Sandra J. Bell, Lot 10, Block 5, Westwind Addition
Carl P.and LeeAnn T. Bieson, Lot 9, Block 5, Westwind Addition
William E. and Margaretha H. Ebersoole, L tA8, Block 5,Wsti
Melvin D.and Marie A. Root, Lot 1, Block 6, Westwind Addition i
Bruce F.and Patricia K. Zadach, Lot 2, Block 6, Westwind Additi
James A.and Paula A. Rugloski, Lot 1, Block 7, Westwind Additio
Carol A. Paul, Lot 1, Block 5, Westwind Addition
Said easements shall be effective until thirty (30) days after the date
of dismissal of said lawsuit, by which time the landscaping services i{
shall be completed.
6. The landscaping services shall be commenced not later than
five (5) days after the date• of dismissal of said lawsuit and shall
be completed not later than fifteen (15) days after commencement.
' 7. The landscaping services shall be deemed completed:and this
contract shall be deemed fully perfohned at such time as
shall execute its Certificate, which shall not be unreasonably withheld,
that the landscaping services are complete. A copy of said Certificate
is attached as Exhibit C.
8. There are no agreements, warranties, nor representations
between or among the parties except as set forth herein.
WINDSLOPE ASSOCIATES, a Minnesota
Partnership
BY: National Housing Partnership„
an authorized partner
i
BY:
An authorized partner
THE PRESERVE, a co-partnership, and
THE PRESERVE HOMEOWNERS ASSOCIATION
A corporation.
BY:
aza
i
Violet Spear William E. Ebersole
— /cr'�
1�ark�Scholle Margaretha H. Ebersole •
Barbara Scholle Melvin D. Root
Thomas E. Duke Marie A. Root
Judith A. Duke Bruce F. Zadach
Larry R. Bell Patricia K. Zadach
Sandra J. Bell James A. Rugloski
Carl P. Bisson 'Paula A. Rugloski
LeeAnn T. Bisson Carol A. Paul
1
50?
�� I
•
CITY
NCIL
TO: CITY OFUEDEN PRAIRIE OCT i 4 1977
FROM: RESIDENTS LIVING ON LEESBOROUGH AVE., W. 66TH STREET
AND MANCHESTER LANE
We, the following, petition the City of Eden Prairie to install
street lights to serve the area from W. 66th Street to Manchester
Lane, Manchester Lane north of 66th Street and Leesborough Avenue
norht of 66th Street.
Presently this area is lighted by gas yard lights which will
. be turned off on September 30, 1977.
Many young children reside in this area and participate in many
community, church and school activities that make it necessary
for them to be out at night. We are certain that the Public
Safety Department would agree that well lighted streets make
safer conditions for everyone.
We would appreciate your consideration of this request.
l•s a :,1 7 .4,4
Name Address
/
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fifA4 di.'-)a (C\SC 0,31,LAv3 0 Sql Cl'la •,u,Lu 4b1( , V-c IP ,
((hi/4,/
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✓9'-(l'Yl' e1�.ft!„:xY2:'C,,,,kt'.f.h: e,517. '4-"<' L/l!C tt7i.
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•
607 (to: X ll.'t Z%! /%IC�','.Lr G•,szw, ')6•(.'.._471.C?cl°/ ' c.
Petitioned by 100 percent of the residents in the area. 56x 1
WHP/azd 9/12/77
Vale Woods 1st and 2nd Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.77-30
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:
That part of the East half of the Southwest Quarter
of Section 9, Township 116, Range 22, described as
follows: Beginning at the Northwest corner of said
East Half of the Southwest Quarter, thence South 89
degrees 20 minutes 22 seconds East (assumed bearing)
along the North line of said East Half of the Southwest
Quarter a distance of 950.0 feet; thence South 0 degrees
39 minutes 33 seconds West a distance of 294.03 feet;
thence South 52 degrees 54 minutes 13 seconds West a
distance of 844.72 feet; thence North 88 degrees 04
minutes 24 seconds West a distance of 300.0 feet to the
West line of said East Half of the Southwest Quarter,
thence North 1 degree 55 minutes 36 seconds East along
the West line of said East Half of the Southwest Quarter
a distance of 804.83 feet to the point of beginning.
which property shall be and hereby is removed from R1-22 and I-Gen. to RM 6.5
and R1 13.5 in both instances.
Section 2. The above described property shall be subject to the terms
and conditions of that certain rezoning agreement dated , 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 RM 6.5 and
RI 13.5 zones.
Section 3. This ordinance becomes effective from and after its passage
and publication.
5(
WNP/azd 9/12/77
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 Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Published in the Eden Prairie News on the day of , 1977.
WHP/azd 9/12/77
Vale Woods 1st and 2nd Addn.
•
REZONING AGREEMENT
THIS AGREEMENT, made and entered into this day of
1977, by and between DIRLAM PROPERTIES, a partnership consisting of Dennis
Dirlam and Donald Peterson, hereinafter referred to as "Owners", and the CITY
OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City",
WITNESSETH:
WHEREAS, the Owners have requested the City Council or the City of Eden
Prairie to change the zoning of a tract of land from R1-22 and I-Gen to RM 6.5
in proposed plat to be known as Vale Woods 1st Addition and RM 6.5 and RI-13.5
in proposed plat to be known as Vale Woods 2nd Addition for an area consisting
of approximately 54.5 acres and which is legally described as set forth on
Exhibit A which is attached hereto and made a part hereof, and
WHEREAS, it is believed that the rez ni no of said area as hereinabovr
stated will be in the public's interest, welfare and convenience of the people
of the City of Eden Prairie; and
WHEREAS, Owners agree to develop the aforesaid property in consideration
of the City's changing of the zoning, and owners further agree 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 R1-22 and I-Gen to Rm 6.5 and RI-13.5 and of the mutual
benefits to each of the parties hereto, the parties, their respective successors
and assignes do hereby covenant and agree as follows:
•
WHP/azd 9/12/77
1. That the development and platting be generally in
accord with the development plan as shown on Exhibit B
which is attached hereto and made a part hereof.
2. That as a part of said plat or by warranty deed to the
City, Lot 16 Westgate Addition shall be made an
extension to the road serving said plat; all assessments
on said lot shall be paid at the time of final platting
and all costs relative to road construction shall be the
Owners expense.
3. That the Owners dedicate such additional right-of-way as
may be required by the City Engineer to accomodate the
future upgrading of Valley View Road.
q. That park dedication fee as required by the City Ordinances
be paid.
5. That a trail be constructed along the major North/South
roadways as a feeder trail to provide future trail along
Valley View Road and to provide trail access to Trunk
Highway #5. That the trail be constructed in accordance
with the City Trail Study and plan adopted by the City to
be generally in accordance with the configuration as set
forth in Exhibit C.
6. That filling should occur on the lower lots to bring all
building pads to an elevation acceptable to the City
Engineering Department. Minimum floor elevations for each •
lots must be approved by the City Engineer before final
plat approval is obtained.
7. That temporary erosion control measures be taken during
grading and construction to prevent excessive erosion.
Ground cover should be established immediately following
construction either by sodding or seeding.
8. That the Engineer's report dated August 9, 1977 is in-
corporated herein and made a part hereof (Exhibit 0).
9. That prior to the second reading of the ordinance, approval
of the proposed plat be obtained by the Watershed District.
10. That the ownership of the unplatted lands (whether they are
to be City or privately owned) shall be determined prior to
the second reading.
11. That the development and platting meet the City standards
for setbacks, lot size and other requirements of appropriate
City ordinances.
7
- 2 -
WiP/azd 9/12/77
12. That the land shall be developed in accordance with the
application for Vale Woods 1st and 2nd Addition dated
June 1977 (Exhibit E).
13. 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 Owners,
through their engineer, shall provide for competent daily
inspection of all street and utility constructions, both
public and private. As-built drawings with service and valve
ties on reproducable mylar and certification of completion and
compliance with specifications shall also be delivered to the
City Engineer. The owners also agree 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, Owners, its successors and
assigns, and upon all subsequent owners, their respective
heirs, successors and assigns for 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 Owners fail to procure a building permit in accordance
with this Agreement within eighteen (19) months from the date
hereof, Owners 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.
DIRLAM PROPERTIES, a partnership
consisting of Dennis Dirlam and
Donald Peterson
,/
az9
3 -
WHP/azd 9/12/77
•
CITY OF EDEN PRAIRIE, a municipal
corporation
By
Wolfgang Penzel, Mayor
• John D. Frane, City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ; day of it: ;r-.t ,
1977, by Dennis Dirlam and Donald Peterson, co-partners of DIRLAM PROPERTIES, a
co-partnership, on behalf of the co-partnership.
.
Notary Public
■AMAAfMAAAMAAMAMINMNMYJJNAIIA•
r REom A ENDER
STATE OF MINNESOTA ) NOTARY YUBt IC-MINNESOTA
) ss. HENaP{t?COUNTY
COUNTY OF HENNEPIN ) AlYTknmic:kin Expires Jane 26,I964.
•rNrvvwvww+nnv WWWWnwW
The foleg"ing instrument was acknowledged before me this day of
1977, by Wolfgang Penzel, the Mayor and by John D. Frane, City Clerk of the City of
Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
6,90
- 4 -
LEGAL DESCRIPTION
That part of the East Half of the Southwest Quarter of Section 9,
Township 116, Range 22, described as follows: Beginning at the
Northwest corner of said East Half of the Southwest Quarter, thence
' South 89 degrees 20 minutes 22 seconds East (assumed bearing) along
the North line of said East Half of the Southwest Quarter a distance
of 950.0 feet; thence South 0 degrees 39 minutes 38 seconds West a
distance of 294.03 feet; thence South 52 degrees 54 minutes 13
seconds West a distance of 844.72 feet; thence North 88 degrees 04
minutes 24 seconds West a distance of 300.0 feet to the West line of
said East Half of the Southwest Quarter, thence North 1 degree 55
minutes 36 seconds East along the West line of said East Half of the
Southwest Quarter a distance of 804.83 feet to the point of beginning.
601
EXHIBIT A.
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Staff Report-Vale Woods I0 -6- July 14, 1977
Vegetation '
The site contains diverse vegetation species and habitats. Some
of the upland and the western end of the lowland (Outlot A) is
.wooded. Marshland and rolling meadow make-up the remainder of the
site. Grading should occur 'in a sensitive manner to save trees
and generally help maintain the natural open character of the
land. Erosion control measures should he implemented duriu;;
grading and construction and ground cover should be established
'immediately following construction either by sodding or seeding.
Pedestrian Circulation
The staff feels that a trail tj. ,- t •,
should be built along the main �oa _tut{ ' )' y•-,• „ S i e .
road in the plat. This trail 1 •
�, i;; l. ;• :�a':'?i.�: -•'•/
will feed the major trail planned /'r;j , _ 1• -' .t'• '"! dsonair
for Valley View Read when the �i',- M
upgrading of that road occurs. ___ -`__.e �:.---.Sia0, I �l"-
A trail eac•ement of 12-1 ' shout 1 i,. +c^c`""• -r'
j �, l r,-
he established by the developer . 11;, N, "\�/' ;
Cron the main road to Outlet {7 E •.,r• ,�• ,' � ..;f
or Outlot C to allow highschool \ �' �\t \
1+• \111 s.
students walking to school a safe -_\ — -- out,
•
crossing of Til 5 at the railroad �!}i r,.. .•' `; o
1 r\:;' i \..
underpass. At present there i s 1.
a worn path crossing Til S at --;) • ` :xi�i ii'> >�
Fuller Road and another at the pa7tf5•. - \ i/4 .--,,r .-i;
railroad underpass. The staff --' � \ A � c•`• /,•
feels that this trail casenen,t ----' \. r l >.,i'•' ,•, ;,.; .
would encourage more use of the / \ 7 ..,.:` i
I_�, 'ter\ �;,;,,,;.,,.. j, y : .
underpass as a highway crossinP.• ( \ Ic} •
Figure 3. -.. l • l(•-I \ ., .. �/ •
Sec : •:'.. V .
• 0 4. Ji ID S;—+ ,,t,ryf
•
�` • _ —._
F.KIIIIITT C
•
City of Eden Prairie.
Public Works Department •
.Engineering Division •
• •
CHECKLIST FOR REVIEWING
PROPOSED LAND DEVELOPMENIS •
Date August 9, 1977 L.D. 4 77-P-21, Z-21
DEMOPMENPNAMZ Vale Woods •
LOCATION South of Valley View Road t east. of Westgate
Addition in south 1/2 of Section 9
2. DEVELOPER Dirlam Properties
3. ENGINEER/ARCHITECT/PLANNER Westwood Planning and Engineering
•
4. DOCUMITS SUBMITTED FOR REVIEW Rezoning application dated :lune, 1977
5. PROCESSIEC SCHEDULE:
Application received Watershed
7-25-77 Planning Commission Human Rights
Park Recreation 8/16/77 City Council •6. PROPOSAL .
6.1 n PtID Approval jJ Rezoning
6.2 lx 1 Preliminary Plat
6.3 Present Zoning RI-22 (North 1/2 I-General (South 1/2)
6.4 Proposed Zoning RM6.5 (1st Ald.) PM 6.5 t_RI....13.5 (2nd Auldj...
6.5 Previous POD 4 None .
6.6 Previous Rezoning Agreement 4 None
• • 569q
EXHIBIT D
•
• 2 _ .
. (' 6.7 Single Family detached lots: •
•
2 less than 13,500 sq. ft. Density •
17 13,500 sq. ft. or more Density 2.6
22,000 sq. ft. or more Density
19 Total SFD lots •
Multiple Dwelling Units:
. 221 RM 6.5 Acres- 55 Density 2.2 units per acre
RM 2.5 Acres Density
•
121 Total Mult. Units .
6.8 X Owner occupied X Rentals
6.9 Homeowners Association proposed No
6.10 Other uses proposed None •
•
6.11 Requesting City to provide streets and utilities the Developer
• has not requested City installation of utilites:
6.12 Consistent with City's Comprehensive Land Use map Yes
•
7. PROPOSED OPEN SPACE, TRAILS •
AND PART: DEDICATION
7.1 Parcels to be undeveloped as open space Outlots It, R, C & D
•
7.2 Trails (location, surface tyre, ownership)
Tht Developer
has been requested to instal] a pathway from Valley View
Road to west boundary. of Plat. (Refer to Planner's Report,
dated 7/14/77.)
5 9S
• 1.,•,)(;,4;
— 3
•
7.3 School/Park sites None proposed
7.4 Park dedication fee As required through Ordinance 1(332
upon issuance of building permits
6. PROPOSED STREET SYSTEM
8.1 Check City's Comprehensive Street Plan O.K.
8.2 Access to adjoining properties The Developer is proposing a
connection with Ontario Boulevard through dedication of Lot 16,
• Block 7, Westgate Addition
•
8.3 Street R/W and pavements widths 60' required on main
roadway through plat. 50' required on all other roadways.
' 8.4 Private streets None proposed
8.5 'Street grades, sight distances at vertical curves, concrete curb
- i
and gutter Sight distances at entrances to Valley View Road
must be verified. Concrefi' curb and gutter required on all
streets. -------
8.6 Street names' Verification by Engineering Dept- required
__._.--.--
8.7 Parking (Orel. (1141) O.K. •
8.8 Traffic volume impact on existing streets nppro.cimatcly
775 ADT'a would be generated upon completion of Plat. (Refer to
Planning Report dated 7/14/77.)
I; I
•
4 -
•
8.9 Frontages on collector streets Approximately 26 lots •`
would front on main roadway. 60' street R/W with no front yard
.setback variances recommended_
8:10 Other. comments
•
9. GRADING AND UTILITIES
• i
9.1 Range of cut and fill maximum curt + 8", maximum fill ± 10'
9.2 Significant land features tc be preserved low, marshy a.cas
located in OUtlots A, 13 and C
•
•
9.3 Drainage ponds As recommended by Watershed Dist.
9.4 Flood plain encroachment Flood Plain elevation is 840
9.5 DeVelopment plan showing proposed grading, storm sewer, sanitary
sewer, watermain, minimum floor elevations, pond levels and
representative soil borings. Detailed plans and specifications
of all. grading and utilities most be reviewed and approved by the
• Engineering Dept.
9.6 Skimming and grit control for commercial parking lots N.A.
•
•
- 5 -
•
9.7 Sewer and water service to adjoining properties O.X.
•
9.8 Sewage lift stations required No
•
9.9 Landscaping, buffering and lighting plans Required •
•
' I
9.10 Natural gas, underground telephone & electric Underground
Uti]i tcs Yequi•red
9.11 Other comments
•
•
10. VARIANCES REQUESTED Variance from the minimum lot .size require-
ments will be necessary. No setback variances have been requested
•
11. OTHER AGENCY RF.Vl):t•) AND APPROVAL REQUIRED )3rFOnE FINAL CITY APPROVAL
g Watershed District DNR
Minn. EQC Minn. ))OT
Henn. Co. Metro Council
•
Adjoining Community
•
•
569Z
e
•
_ g _
12. SPECIAL AssESSMET1TS LEVIED AND PENDING Levied; f5627. Trunk
sewer F wtr. $38,220.00 (deferred); fl5617, lateral water, S1456.00
•
•
13. 0111ER REQUIRE:IENT3 •
Environmental Worksheet •
X Rezoning Agreement •
X Developers Agreement (PUD only on Final Plat)
•
•
•
•
•
•
•
•
•
•
5499
L•f
1
CITY OF EDEN PRAIRIE
ORDINANCE NO. 77-36
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 intention 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 Elm tree or part thereof
infected to any degree with the Dutch Elm disease
fungus Ceratocystis ulmi (Buisman) Moreau or which
harbors any of the elm bark beetles Scolytus multistriatus
(Eichh) or Hylurqopinus rufipes (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
Ceratocystis faqacearum.
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 manner 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.
5 7X
It is the duty of Forester to coordinate, under the
direction and control of the City Manager, all activities of'the
municipality 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 for the control and pre-
vention of said diseases and enforce, or cause to be enforced, the
duties incident to such a program adopted by the Council.
Section 4. Inspection, Investigation 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
Wood.
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 week 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 for 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 that 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 Section 5.
c. The notice required in Section 6(b) shall be 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 upon 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.
II
-3-
•
J'702
•
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 be made stating and certifying the
description of the land, lots, and parcels involved and the
amounts chargeable 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 made on private property
which are not provided for by the private property owner, the cost
of such abatement shall be assessed against the lot 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 8. Spraying and Pruning Trees.
Whenever it is determined that any tree or wood within
the City is infested by any disease or insects as described in
Section 2, the Forester may order the owners (as determined by
the tax roll of the County of Hennepin) 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. Transporting Certain Types 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-
r903
Section 10. 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
$500.00 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.
Section 14. Previous Ordinance Repealed.
This ordinance repeals Ordinance No. 186.
-5-
•
RESOLUTION NO. 77-140
A RESOLUTION RELATING TO MEMBERSHIP IN
SUBURBAN PUBLIC HEALTH NURSING SERVICE, INC.
Mr. introduced the following resolution and noved
its adoption.
WHEREAS, pursuant to Minnesota Statutes, Section 145.08 and 145.12, a public
health nursing district was organized and has been operational since 1952, and
WHEREAS, pursuant to the Community Health Services Act of 1976, the Suburban
Public Health Nursing Service, provider of public health nursing services within
the nursing district, loses statutory authority for continued operation as of
December 14, 1977 and
WHEREAS, it is deemed necessary to continue the provision of public health nursing
services to residents of suburban Hennepin County and
WHEREAS, the Suburban Public Health Nursing Service is organizing as a public
not-for-profit corporation to ensure the continuity of such services and
WHEREAS, it is deemed necessary to provide Suburban Public Health Nursing Service,
Inc. with adequate funds for its proper operation
•
NOW, THEREFORE, BE IT RESOLVED BY T:UE GOVERNING BODY OF
The City of Fden Prairie that this political subdivision be included in the
membership of Suburban Public Health Nursing Service, to be incorporated as of
December 14, 1977; that it participate in the benefits thereof; and that it
agrees to support on an apportionment basis its pro rata share of the cost of
the administration of such corporation provided, however, that for the period
January 1, 1978 through December 31, 1978 this cost shall not exceed $.35 per
capita and ti.at said rate be applied to 1977 population estimates of the
Metropolitan Council.
BE IT FURTHER RESOLVED, that this resolution shall be deemed an agreement to
participate in such nursing corporation on the basis hereinbefore specified with
all other political subdivisions adopting similar resolutions.
***
The notion for adoption of the above resolution was seconded by
Upon roll call, there were , yeas and nays.
I, John Frane , Clerk of the City of Eden Prairie hereby certify
that the above is a true copy of a resolution adopted by the governing body of
the City of Eden Prairie in an official meeting on
.1
***BE IT FURTHER RESOLVED, that this political subdivision reserves the option to join with
other municipalities in a joint powers agreement to provide public health service, and
that its pro rata share of administrative costs be re-directed from SPHNS, Inc. to the
joint powers agreement (Signed) Clerk j
organization.
570
•
MEMORANDUM
TO: Eden Prairie City Council
FROM: Eden Prairie Development Commission
RE: Report of Activities
DATE: October 12, 1977
The Eden Prairie Development Commission (formerly the Eden Prairie
Industrial Commission) was reconstituted in the spring of 1977 by the
City Council of Eden Prairie. Its activities and purposes are specified
by Ordinance No. 79 as amended by Ordinance No. 77-4 and Ordinance No.
77-29.
The Development Commission has no activities which are, as such,
required to be performed. Furthermore, the Commission has not been
mandated by ordinance or by the Council to "passupon"
any particular
actions by the City or proposals to the City. However, in view of its
duty to advise the Council (Ordinance No. 79), at the request of
certain individual members of the Council as expressed at the Development
Commission's first meeting on May 5, 1977, and on its own initiative,
the Commission has commenced a number of activities. The purpose of
this report is to bring the Council up to date with respect to the
activities of the Commission and to make certain interim suggestions for
the consideration of the Council.
I. Business Climate
One of the concerns expressed to the Commission by members of the
Council was a feeling that in certain respects Eden Prairie did not
enjoy a favorable image in terms of its receptivity and responsiveness
to the needs and desires of business. This image was seen as a potential
impediment to the development of Eden Prairie in a desirable manner and
to the creation of a tax base which would sustain the coat of utility
and transportation systems already in place and necessary in the foreseeable
future.
As a consequence, the Development Commission has undertaken a
survey of the business climate in the community. The survey form has
been provided to representatives of businesses operating in Eden Prairie,
•
including representatives of industry, commercial and retail establishments,
financial institutions, builders, developers, real estate brokers and
large land owners. The survey seeks to establish the reasons for doing
business in Eden Prairie, positive attributes of the community and
problems "hich have been encountered in establishment and operation of
businesses in the City. The Commission intends to summarize the responses
in a report to the Council.
The Commission anticipates that to the extent positive attributes
of the business climate in Eden Prairie are highlighted in the Report,
these attributes can be used by both the public institutions and private
entities interested in Eden Prairie in attracting the type of business
and development that would enhance the quality of our community. To the
extent that problems are identified, 'the Commission may make recommendations
with respect to substantive matters or procedures which might alleviate
the problems.
II. Transportation
Transportation has been identified as one of Eden Prairie's major
problem areas. The apparent problem is the inadequacy of the transportation
/j
- 2 -
system for the present and future needs of the community. The underlying
problem is financing needed construction. Financing difficulties, In
turn, have resulted in certain difficulties in obtaining rights of way
and reaching agreement on assessments. Meanwhile, major arteries
through the community (Highways 5, 169 and 212) and many local feeder
routes remain in need of substantial improvement.
In this connection, the Commission has reviewed the transportation
report prepared by the Eden Prairie Chamber of Commerce in the spring of
1977. In addition, it has discussed the report and various specific
problems with the City Manager, Roger Ulstad, and with the City Engineer,
Carl Jullie. Certain members of the Commission also attended a meeting
held August 23, 1977 sponsored by the Chaska Chamber of Commerce which
focused on the problems involved in moving forward on the Highway 212-169
corridor project. The major speaker at this session was Jim Harrington,
•
Commissioner of the State Department of Transportation, who indicated
that inadequate funds on the state and federal levels had placed the
corridor development in a position of contending for funds with several
other major arterials and bridges in the metropolitan area.
The Development Commission believes that transportation must be one
of the City's highest priorities. Faced with problems of obtaining
funding, competing with other metropolitan areas for projects and
working with users and land owners presents the City with a momentous
task. Nothwithstanding extraordinary efforts on the part of the staff,
•
with the support of the Council, progress has not been adequate. Consequently,
the Commission recommends that the Council delegate to the Commission
- 3 -
certain specific duties which may serve to assist the Council and the
staff. Among these might be the following:
1. Review of transportation priorities for Eden Prairie.
2. Represent the City in contacting officials at the county,
metropolitan and state levels in an attempt to speed up
authorizations and funding for projects benefiting the
community.
3. Assist in working with users, land owners, businesses and
residents in seeking resolution of difficulties arising with
respect to specific projects.
III. Taxation
In the area of taxation, the prime difficulty faced by the City of
Eden Prairie is the effect of the fiscal disparities law on tax revenues
generated in the City. While in broad terms this is a simple subject,
the details of the operation of the statute and the political ramifications
are exceedingly complex. Other jurisdictions have considered the impact
of fiscal disparities and have considered remedial action and legislation.
To date, Eden Prairie has been able to do little on its own initiative
to achieve some relief from the impact of the fiscal disparities law.
It is the understanding of the Commission that the Eden Prairie Chamber
of Commerce plans to undertake a study of taxation as it affects Eden
Prairie, with emphasis on the fiscal disparities law. The Commission
feels that in view of the willingness of the Chamber to undertake this
study and in view of the lack of adequate time and staff resources
available to the Commission itself, the Commission's study of this
subject should be deferred until the report of the Chamber of Commerce
is available.
r,b9 - a
•
•
IV. Guide Plan
Because the work on the revised Guide Plan for the City was undertaken
well before the reconstitution of the Development Commission, the
Development Commission was not given any specific role in the formulation
of the Guide Plan. On an informal basis, and through various forums
which have been held in the Community with respect to the Guide Plan,
the members of the Commission are familiar with the procedures involved
in the development of the Guide Plan. It is the understanding of the
Commission that the draft of the Guide Plan is nearly complete and ready
for Council and community review. The Commission suggests that the
Commission be requested by the Council to review the Guide Plan and
give the Council and staff any suggestions or comments as would be
appropriate.
In any event, the Commission believes that the adoption of the
Guide Plan in the near future is essential to the City and its residents.
The development of the community and planning by its residents, landowners
and businesses will be affected to a great extent by the Guide Plan and
it would be unfortunate if meritorious proposals are discouraged,
delayed or defeated because of the lack of an up-to-date Guide Plan
which incorporates the needs and desires of the City and its residents.
V. Miscellaneous
The Commission has also reviewed and made suggestions to the City
staff concerning information for new residents of the City (New Resident
Packets), Industrial Revenue Bond financing by the City, attracting new
business to the City, the City Sign Ordinance and Flying Cloud Airport.
- 5 -
6710
•
•
DATE: October 7, 1977
TO: Joyce Provo
FROM: Jack Hacking
SUBJECT: Council Agenda Item October 18, 1977
Grant approval for Public Safety Department to advertise
for bids for (2) intermediate and (2) compact size police
vehicles.
Advertise October 19, 1977
Close bids October 31, 1977
Award bids November 1, 1977
•
57'1(
•
The City of Eden Prairie will receive sealed bid proposals for
two compact and two intermediate size police vehicles. All
vehicles will be 1978 production models. Vehicle specifications
may be obtained at the Eden Prairie Department of Public Safety,
7905 Mitchell Road, Eden Prairie, Minnesota 55343 starting
October 19, 1977. Bids will be received until noon on
October 31, 1977.
John Frane
Eden Prairie City Clerk
•
j7�2
SPECIFICATIONS FOR TWO POLICE VEHICLES
GENERAL: Units bid shall be 1978 vehicles (Police equipment package) (2 vehicles)
BODY:
Style: 4 door sedan 116" wheel base minimum, Intermediate size
STANDARD FEATURES TO INCLUDE:
Body color - white
High energy ignition
Operate on unleaded fuel
Power front disc/rear drum brake system, heavy duty anti-fade lining
SPECIAL POLICE CHASSIS EQUIPMENT PACKAGE:
400 CID V8, 4bbl. engine
Automatic transmission with lowgear lockout
Power steering
Special performance suspension
Heavy duty front and rear shock absorbers
Heavy duty front and rear springs
Front and rear seats trimmed in heavy duty vinyl (color Buckskin)
High capacity cooling system with coolant recovery unit
Heavy duty 4000 watt battery equivalent to 80-amp-hour •
90 amp alternator
• Heavy duty front and rear seat
ADDITIONAL REQUIRED EQUIPMENT:
Tinted glass - all windows
Sound insulation
Heavy duty front and rear full floor covering RUBBER (NO CARPETING)
Deluxe front and rear bumpers
Rear window defogger
Air conditioning
Day/night inside mirror
Rearview mirror left side remote control •
Dual horns
AM pushbutton radio
Tires - Firestone Super 125 radials or equivalent
Transmission cooler
Single key locking - fleet keyed alike
• Electric trunk opener
Cigarette lighter
Radio interference suppression
Luggage compartment light
Underhood lamp
Special police speedometer
Gauges (Voltmeter, gas, temperature, oil), if available
Roof drip moldings
THE VEHICLES AND EQUIPMENT ON WHICH BIDS ARE SUBMITTED MUST BE OF EQUAL OR
BETTER QUALITY THAN LISTED IN THIS REQUEST.
Bid envelope shall be marked "POLICE PATROL VEHICLE." 5% Bid Bond
or certified check enclosed.
The City reserves the right to reject any and all bids, to waive
any informalities in bidding, and to accept the bid deemed in the
best interests of the City.
BID PRICE - 2 Intermediate Sedans: $
DELIVERY DATE:
COMPANY:
BY:
MAIL BIDS TO:
•Jack Hacking
Director of Public Safety
7905 Mitchell Road
Eden Prairie, MN 55344
Office Phone: 944-2700
BIDS MUST BE RECEIVED BY NOON, OCTOBER 31, 1977
SPECIFICATIONS FOR TWO POLICE VEHICLES
GENERAL: Unit bid shall be a 1978 vehicle (Police equipment package) (2 vehicles)
BODY:
Style: 4 door sedan 111" minimum wheel base. Overall length 196"
STANDARD FEATURES TO INCLUDE:
Body color - white
High energy ignition system
Operate on unleaded fuel
Power front disc/rear drum brake system
SPECIAL POLICE CHASSIS EQUIPMENT PACKAGE:
35D CID V8, 4bb1. engine
Automatic transmission
Power steering
Special performance suspension: rear springs, heavy duty
shock absorbers, steering gear and stabilizer bars
Heavy duty front and rear seat
Front and rear seat trimmed in heavy duty vinyl_ (color "Buckskin")
High capacity cooling system
Heavy duty 4DDD watt battery equivalent to 80-amp-hour
80 amp generator - 58 at idle
•
ADDITIONAL REQUIRED EQUIPMENT:
Tinted glass all windows
Sound insulation
Heavy duty front and rear floor covering RUBBER (ND CARPETING)
Deluxe front and rear bumpers
Rear window defogger
Air conditioning
Day/night inside mirror
Rearview mirror left side remote control
Comfortilt steering wheel
Dual horns
NI pushbutton radio
Tires - Firestone Super 125 blackwall radials or equivalent,
14 x 7 wheels
Trunk mat
• Transmission cooler
Single key locking - fleet keyed alike
Electric trunk opener
Cigarette lighter
Radio interference suppression
Luggage compartment light
Underhood light
Special police speedometer
Gauges (Voltmeter, gas, temperature, oil) if available
Roof drip moldings
THE VEHICLES AND EQUIPMENT ON WHICH BIDS ARE SUBMITTED MUST BE OF EQUAL OR
BETTER QUALITY THAN LISTED IN THIS REQUEST.
. iIs
Bid envelope shall be marked "POLICE PATROL VEHICLE." 5% Bid Bond
or certified check enclosed.
The City reserves the right to reject any and all bids, to waive
any informalities in bidding, and to accept the bid deemed in the
best interests of the City.
BID PRICE - 2 Compact Sedans: $
DELIVERY DATE:
•
COMPANY:
BY:
MAIL BIDS TO:
Jack Hacking
Director of Public Safety
7905 Mitchell Road
Eden Prairie, MN 55344
Office Phone: 944-2700
BIDS MUST BE RECEIVED BY NOON, OCTOBER 31, 1977
•
•
5?i(,)
i 7.
Oct. 18, 1977
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 77-141
RESOLUTION ORDERING IMPROVEMENTS (I.C. 51-300)
AND ACCEPTING BIDS (I.C. 51-300 and 51-309)
WHEREAS, all property owners whose property is liable to be assessed
for the making of sewer and water improvements in the Eden View I, Katcher
Addition and Kurtz Lane, I.C. 51-300, were given 10 days published notice
of the Council hearing through two weekly publications of the required notice
and the hearing was held on July 19, 1977, and continued to August 16, 199,
and
WHEREAS, pursuant to an advertisement for bids for said I.C. 51-300
and also for watermain and street improvements on Homeward Hills Road, I.C.
51-309, bids were received, opened and tabulated according to lam. Those
bids received are shown on the attached summary of bids, and
WHEREAS, the City Engineer recommends award of contract to Johnson •
Bros. Corporation and Brown and Chris, Inc., as the lowest responsible bidders
for I.C. 51-300 and I.C. 51-309, respectively.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as
follows:
1. The sewer and water improvements in Eden View I, Kutchers
Add. and Kurtz Lane, I.C. 51-300, are hereby ordered.
2. The Mayor and City Manager are hereby authorized and directed
to enter into a contract with Johnson Brothers Corporation in
the name of the City of Eden Prairie in the amount of $655,401.50
in accordance with the plans and specifications thereof approved
by the Council and on file in the office of the City Engineer for SI
I.C. 51-300.
3. The Mayor and City Manager are hereby authorized and directed
to enter into a contract with Brown and Chris, Inc., in the name
of the City of Eden Prairie in the amount of $171,839.75
in accordance with the plans and specifications thereof approved
by the Council and on file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
5-7/G
RIEKE CARROLL MULLER ASSOCIATES INC
October 14, 1977
Mr. Carl Jullie
City Engineer
City of Eden Prairie
B950 Eden Prairie Road
Eden Prairie, MN 55343
RE: BIDS ON PUBLIC IMPROVEMENTS IC5I-300, EDEN VIEW, KURTZ
AREA, IC51-309, HOMEWARD HILLS ROAD
Dear Carl: /1.1t,J,
Bids for the above referenced projects were received and opened
at 10:00 A.M. Friday, October 14, 1977. A tabulation of the ,,,,„
totals of the various alternates is included for your review. ,.;
The bids are all relatively close and the low bids are close
to our engineering estimates.
The project was bid in two Sections, A and B. Section A was
further divided into two parts, each with two alternates.
Part 1 is the Kurtz Lane area and Part 2 is the Eden View,
Kutcher area. A comparison of the alternate bids with
estimated costs presented at the Hearing follows:
Kurtz Lane
The estimated construction cost for sanitary sewer, watermain
and bituminous streets in the Kurtz Lane area was $I40,000. The
low bidsubmitted by Johnson Brothers, is $138,611.50. An
alternate bid was also received for replacement of Kurtz Lane
with gravel surface only in the amount of $124,995.45. The
difference is relatively small, indicating a "good buy" for
the more desirable bituminous surfacing. "',;;'"'
Eden View r.,01,1te
,r.r•„i d
The estimated construction cost for the sanitary sewer, water .",m'•,gt„.,
and restoration in the Eden View area was $506,000 and the
low bid, submitted by Johnson Brothers, is $516,790. This is
for Alternate 1 which will require some easements along the
west side of Eden View Addition and which eliminates any
pumping stations. The bid for Alternate 2, which includes 0 /t
pumps, is slightly higher and is not recommended. ik
57/‘/
r
Page 2
Mr. Carl Jullie
October 14, 1977
The total bid prices for Section A, including both Parts 1 and
2, amount to $655,401.50. The estimates at the hearing for
construction costs were $646,100.00, about 1.4% lower than
the bid. Since the projects usually "wash out" at a slightly
lower cost than the bid price, we feel that the estimated
assessments will still be very close to those submitted for
the hearing. The estimated assessment costs, including
trunk charges, were
$5,570 for a vacant lot
$4,570 for a developed lot
$7,355 for a double bungalow
Section B (Homeward Hills) will be somewhat less than estimated
for the street work. The original estimate was $123,000 and
the bid price, submitted by Brown and Cris, is $107,841.55.
The trunk watermain bid price ($63,988.20) was also considerably
lower than the estimated project ($86,000). This will not
affect assessments but will lower the City share.
The Bidders submitting the low bids, Johnson Brothers, and
Brown and Cris, are both good, reputable contractors. We
recommend that Johnson Brothers be awarded Section A (based
on Alternate 1, Part 1 and Alternate 1 Part 2) and that
Brown and Cris be awarded Section B.
Very ly yours,
4,2_,./ .
David 0. Husby, P.E.
RIEKE CARROLL MULLER ASSOCIATES, INC.
DOH:mt
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CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
•
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: October'll, 1977
SUBJECT: Basswoods Third Townhouse Addition
PROPOSAL: The Developer, a co-partnership of Mark Z. Jones Assoc., Inc.
and the Preserve, is requesting City Council approval of the Final
Plat of "Basswoods Third Townhouse Addition." This plat consists of
8 townhouse units and is a replat of Outlot A, Basswoods Second
Townhouse Addition.
HISTORY: The Preliminary Plat was approved by the City Council on Feb-
ruary 13, 1973. per Resolution No. 647.
•
Zoning to RM 6.5 was finally read and adopted on October 9, 1973,
per Ordinance No. 208.
The Final Plat now submitted for approval conforms to the approved
Preliminary Plat.
VARIANCES: A variance from City Ordinance No. 93, Sec. 8, Subd. 1, will
be necessary waiving the six month maximum time elapse between the ap-
proval date of the Preliminary Plat tnd filing of the Final Plat.
This variance request is reasonable because the owner is proceeding
with the utility improvements and building construction in an orderly
and efficient manner, as market demands warrant.
UTILITIES AND STREETS: All utilities and streets within the plat will be
privately owned and maintained.
PARK DEDICATION: There will be no land dedication for park purposes within
this plat. "Basswoods Third Townhouse Addition" is within the Preserve
P.U.D. and the required park or open space dedication will be accomp-
lished in other areas of the P.U.D.
BONDING: Since all streets and utilities will be privately owned and main-
tained, no bonding will be required.
RECOMMENDATION: Recommend approval of the Final Plat of "Basswoods Second
Townhouse Addition: subject to the requirements of this report and
the receipt of fee for City Engineering Services in the amount of
$240.
A copy of the Conditions, Covenents, Restrictions and Easements must
be filed with this plat in the office of the Register of Deeds and/or
Registrar of Titles.
610
October 18, 1977`
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNFSOTA
RESOLUTION NO, 77-142
A RESOLUTION APPROVING FINAL PLAT
OF BASSWOODS THIRD TOWNHOUSE ADDITION
WHEREAS, the plat of Basswoods Third Townhouse Addition has been sub-
mitted in the 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 Mlnnesota and ordin-
ances 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 Basswoods Third Towmhouse Addition is ap-
proved upon compliance with the recommendation of the City Engineer's
Report on this plat dated October 1I, 1977.
B. Variance is herein granted from City Ordinance No. 93, Sec. 8,
Subd. 1 waiving the six month maximum time elapse between the
approval date of the preliminary plat and filing of the final plat
as described in said Engineer's Report.
C. That the City Clerk is hereby directed to file a certified copy
of this Resolution in the office of the Register of Deeds and/or
Registrar of Titles for their use as required by MSA 462.358,
Subd. 3, together with the "Declaration of Covenants, Conditions
and Restrictions, "dated
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. Frane, Clerk • 6916
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
October 18, 1977
i
CONTRACTOR(Multi-family & Comm.)
Fisher Development
CONTRACTOR (1 & 2 Family)
Narr Construction, Inc.
Design Construction Co., Inc.
Best Builders, Inc.
Builtwcll Construction
PLUMBING
Aqua City Plumbing •
H. Olson Plumbing Company
HEATING & VENTILATING
Commercial Air Conditioning
WATER SOFTNER
Twin City Lindsay, Inc.
These licenses have been approved by the department head responsible
for the licensed activity.
4 ,b,,e,,A (t�',t4X L'-11t 'i
Re ecca Quernemoen, Deputy Clerk
51/t9
October 18, 1977
STATE OF MINNESOTA '
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
09-30-77 7127 ED PHILLIPS & SONS Liquor 2,136.17
7128 GRIGGS COOPER & CO. Liquor 892.5:
7129 U. S. POSTOFFICE Stamps for Public Safety 65.0(
10-04-77 7130 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employer
ASSN. contribution 9-30 payroll 5,722.7
7131 STATE OF MIINESOTA Taxes withheld for Sept. 9,017.3
7132 FEDERAL RESERVE BANK Taxes withheld 9-30 payroll 6,216.3
7133 UNITED WAY Donations withheld 9-30 payroll 30.0
7134 MINNESOTA FIRE CHIEFS ASSN. Annual Fire Chief's conference
registration 70.0.
10-06-77 7135 STANDARD OIL Fuel 4,163.8
7136 MIDWEST WINE COMPANY Wine 173.8
7137 EAGLE DISTRIBUTING Wine 1,202.0,
7138 JOHNSON WINE COMPANY Wine 465.3'.
10-D7-77 7139 TWIN CITY WINE COMPANY Wine 687.1
7140 PETTY CASH To reimburse fund 48.4'
7141 HOPKINS POSTMASTER Postage for utility bills 66.9
7142 QUALITY WINE COMPANY Wine 946.0
10-11-77 7143 GRIGGS, COOPER & CO. Liquor 192.0,
7144 JOHNSON BROTHERS WHOLESALE
LIQUOR Liquor, Wine 195.7
7145 ED PHILLIPS & SONS Wine 774.0
7146 MINNESOTA RECREATION & PARK
ASSN. Team registration and tournament •
registration-Football 162.0 i
10-14-77 7147 AMERICAN BANK Destruction of coupons 25.0. (
7148 KATHY ANDERSON Refund on jazz dancing class 15.0
7149 AMERICAN WATER WORKS ASSN. Subscription-Water Plant 3.511
7150 ASTLEFORD EQUIPMENT CO. Equipment parts 301.3 j
7151 A&G DRAFTING Supplies-Engineering dept. 3.01
7152 AUTO CENTRAL SUPPLY Equipment parts 21.4'
7153 BATTERY WAREHOUSE SERVICE Battery 25.9;
7154 BRAUER & ASSO. Services-Guide Plan and Scenic
Heights Upgrading 8,236.31
7155 BRAUN ENGINEERING Services-Stewart Highlands 649.0(
7156 BRYAN ROCK PRODUCTS Crushed rock-Drainage Control and
Beaches 86.0;
7157 CHANHASSEN AUTO PARTS, INC. Equipment service $140, parts $449
and supplies for Conmunity
Development project $67 656.4ii
7158 CASE POWER & EQUIPMENT Equipment rental-Conenunity
Development project 2,000.0(
7159 CASH REGISTER SALES, INC. Register paper-Liquor Store 22.4(
7160 CROWN RUBBER STAMP CO. Rubber stamps-Liquor Store 9.6
7161 DIANE DALE Refund on jazz dancing class 15.0(
7162 DALCO Vaccum cleaner-Liquor Store 254.0(
7163 DISPLAY FIXTURES COMPANY Stock truck and price tags-Liquor
Store 278.00
7164 EDEN PRAIRIE COMMUNITY NEWS Liquor Store ads 115.29,
7165 EDEN PRAIRIE SANITATION Sept. services 10.0("
October 18, 1977
10-14-77 7166 CHRIS ENGER Mileage-Park Planning 18.15
7167 FRONTIER LUMBER Materials 238.50
7168 7168 MAUREEN GRIMES Refund on jazz dancing class 15.00
7169 BARBARA GUSTAFSON Refund on Calligraphy class 12.00
7170 R. L. GOULD & CO., INC. Mower parts 158.20
7171 GLIDDEN PAINT Paint-Park Maint. 40.71
7172 HENNEPIN COUNTY FINANCE Taxes on Park property 1,585.02
7173 HAYDEN-IIURPHY EQUIPMENT Equipment parts 3.55
. 7174 DIANNE HANSON Mileage-General services 7.8C
7175 JOYCE HOLTE Liquor investigation expenses 28.67
7176 JACK HACKING Liquor investigation expenses 29.15
7177 HOPKINS DODGE SALES, INC. Equipment parts 103.7'
7178 ITASCA EQUIPMENT Equipment parts 59.14.
7179 ELIZABETH JOHNSON Sept. services 161.61,
7180 HARRIET JOHNSON Refund on Tap and Ballet lessons 8.0(
7181 LONG LAKE FORD Parts for lawn mower-Park Maint. 28.9t
7182 LEAGUE OF MINNESOTA HUMAN RIGHTS
COMMISSIONS Dues 35.0(
7183 ALLAN LARSON Crime Prevention Alarm School-
Public Safety dept. 11.2!
7184 LOWELL LUND Fire inspections and work on
Dutch Elm program 200.0(
7185 LOCAL GOVERNMENT INFORMATION
SYSTEMS August services 686.0!
71B6 LUND PAINT & DECORATING CENTER Liquor Store-Carpet and installation
$1,067 and supplies $3 1,074.3z
7187 LEEF BROS., INC. Rugs and rags laundry 187.7(
7188 METROPOLITAN WASTE CONTROL
COMMISSION November sewer charges 13,076.4, '
7189 MEDCENTER HEALTH PLAN October insurance 757.9:
7190 LINDA MARTINSON Refund on jazz dancing class 15.0( 4
7191 DON MONGEON Reimbursement for installation of
copper water service extension 362.5c
7192 METROPOLITAN ANIMAL PATROL Sept. services 808.5(
7193 MIDWEST ASPHALT CORP. Asphalt for drainage control and
street maint. 1,183.6:
7194 METRO PRINTING, INC. Services-Newsletters and binders
for Planning dept. 614.0(
7195 MCFARLANES, INC. Concrete-Bryant Lake beach 35.0(
7196 MINNEGASCO Service 108.7;
7197 NORTHWESTERN BELL Service 1,443.71
7198 NATIONAL INSTITUTE OF MUNICIPAL
LAW OFFICERS Membership 118.21
7199 NEENAH FOUNDRY COMPANY Grates-Drainage control 128.0C
7200 NORTHERN CONTRACTING CO. Replace curb and gutter $377 and
repair gate valve boxes for
Water dept. $527 904.73
7201 RICHARD PUTNAM August expenses 126.10
7202 PHYSICIANS HEALTH PLAN October insurance 3,183.2V
7203 PERBIX. HARVEY, SIMONS &
THORFINNSON Services 6,199.39
7204 PITNEY BOWES Postage meter 33.00
7205 W. G. PEARSON, INC. Sand for Drainage control and
street maint. 617.23
7206 PRAIRIE VILLAGE MALL ASSOC. Rent-Liquor Store 907.88
7207 PRAIRIE LAWN & GARDEN . . Chain saw and mower parts 10.75
`
October 18, 1977
{
10-14-77 7208 PEPSI-COLA BOTTLING CO. Pop for machines
138.80
7209 GEORGIA RUUD Refund on gymnastics 16.00
7210 R & H ENTERPRISE CO., INC. Supplies-Street Maint. 19.69
7211 RIEKE-CARROLL-MULLER ASSOC. Services-Eden View I, Mitchell
Lake-Pemtom, Homeward Hills Rd,
and Minn. Protective Life 15,054.50
7212 SEARS ROEBUCK, CO. Wrench sockets-Garage 18.77
7213 EDWARD SORENSEN Expenses for conference 79.30
7214 STATE OF MINNESOTA Field engineering and inspection 11,792 77
service-TH169 Ring Rd.
7215 W. GORDON SMITH Fuel, oil and shop supplies 1,146.95
7216 DONNA STANLEY Sept. services 70.00 1
7217 TRUMPY HOMES, INC. Repair sewer service stub-Sewer
dept. 30.00
7218 STEPHEN TARGESON Survey services and mileage-
Community Development Project 71.25
7219 UNIVERSITY OF WISCONSIN Class registration for Jim Jensen 140.00
7220 VALLEY EQUIPMENT CO. Equipment parts $14, and rental
of scraper for Community
Development Project 5.413.70
7221 VAN WATERS & ROGERS Water treatment tablets 326.00
7222 WALDOR PUMP Alarm light guard-Water Plant 24.84
7223 WARREN, GORHAM & LAMONT, INC. Office supplies-Water Plant 16.25
7224 ✓. ,o .
7225 WILCOX PAPER CO. Office supplies 160.62
7226 WESTERN LIFE INSURANCE October insurance 214.68
7227 WATER PRODUCTS Repair parts-Water dept. 172.00
7228 ZACK'S, INC. Glass cleaner-Public Works Build-
ing Maint. 11.0C
7229 ZIEGLER, INC. Equipment parts 138.97;
7230 RAYMOND AND MARILYN MITCHELL Street and utility easement for
Hiawatha Area 1,000.Ot
7231 MICHAEL ANDERSON Refund on Kitchen Kapers class 12.OII
7232 DIANNE HANSON Mileage-General services .4.2( '
7233 EDEN PRAIRIE COMMUNITY ED. 1/2eofifee for
dort Sun News ad-CommunityS 9.0(
7234 PCI Contract- Est. No. 4-TH169
Ring Rd.-494 165,931.1'
7235 G. L. CONTRACTING Contract-
-f Es5 No. 4-Heritage Rd. 3,624.6(
TOTAL 286.919.0'.
r•1a2,