HomeMy WebLinkAboutCity Council - 12/06/1977 JOHN FRANE
EDEN PRAIRIE CiTY COUNCIL
TUESDAY, DECEMBER 6, 1977 7:00 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers,
Dave Osterholt and Sidney Pauly
COUNCIL STAFF: City Manager Roger Ulstad; City Attorney
Harlan Perbix; Planner Chris Enger; Finance
Director John Frane; Acting Director of
Community Services Sandy Werts; Engineer Carl
Jullie; and Joyce Provo, Recording Secretary a
INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY, Page 5960
NOVEMBER 1, 1977
III. PUBLIC HEARINGS
A. Olympic Hills 3rd 5 4th Additions by Olympic Hills Corporation Page 5737 &
and Michael Adams. Request Tor preliminary plat and rezoning 5971
from—Rural to R1-13.5 for single family homes. (Ordinance
No. 77-39, Olympic Hills 3rd Addition rezoning from Rural to
Ri-13.5, c.d Ordinance No. 77-40 for C'.;,':apic Hills 4th
Addition rezoning from Rural to R1-13.5. Resolution No.
77-136, approving preliminary plat of Olympic Hills 3rd
Addition and Resolution No. 77-137, approving preliminary plat
of Olympic Hills 4th Addition.) Continued Public Hearing from
November 1, 19/7
B. Edengateby Gerald B. Pautz & Pautz-Franklin Realty Company. Page 5775 &
Request for PUB Development Plan approval, preliminary plat 5973
and rezoning from Rural to RM 6.5 for 198 townhouses.
(Ordinance No. 77-37 and Resolution No. 77-134) Continued Public
Hearing from November 1, 1977
C. Amsden Hills II, The Preserve, request to preliminary plat 15 Page 5980
acres into 33 single f artily lots and rezone the property from
Rural to R1-13.5. The site is located west of Garrison Forest
2nd and South of Anderson Lakes Parkway. (Ordinance No. 77-31,
rezoning Amsder; Hills II from Rural to R1-13.5, and Resolution
No. 77-109, approving preliminary plat)
D. Planned Study in Southwestern Eden Prairie. Rezoning of properties Page 6003
which reverted to I-General back into Planned Study. The properties
are located on either side of the Chicago Northwestern Railroad
between Staring Lake and County Road 4. (Ordinance No. 77-43)
City Council Agenda - 2 - Tues.,December 6, 1977
IV. REPORTS OF ADVISORY COMMISSIONS
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V. ORDINANCES & RESOLUTIONS
A.'` 2nd Reading of Ordinance No. 77-41, rezoning from Rural to Page 6010
Highway Commercial an approximate 3/4 acre site for AMNI
on the north side of US 169/212 across from the Eden Prairie
Center entrance, rezoning agreement, and final approval of
RLS
VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
1. Appointment of one member to the Human Rights Commission
to fill an unexpired term to 2/28/79 TO �s/QdG1✓
B. Report of City Attorney
1. Action on Windslope Declaratory Judgement �_r-H
2. Discussion on Codification 4I - --!i 'Aj�i°"-.4
( �'
C. Report of City Manager
1. " Donation for Public Safety Department
2." Suburuan Health Nursing Service .iui,lt Powers Agreement Page 6017
3.fr/ Joint Use Rental Agreement between the City of Eden Prairie Page 6031
and the Metropolitan Waste Control Commission
4. /.// ett_illg of Public Hearings for 1) Crosstown Park (Richard Page 6033
Anderson); 2) Pillsbury rezoning from I-5 back to Rural;
and 3) Community Development Block Grant for January 3, 1977
5.,-//Comnunication from the Metropolitan Airports Commission dated Page 6034
November 23,1977, requesting the formation of an Ad Hoc
Advisory Committee to review and discuss Ordinance No. 51
and all of the issues contained within this ordinance
D. Report of Director of Community Services
la`
1 c, 1. Information 'about potential funding of Purgatory Acquisition Page 5915
in the northwest areafEdengate, Markum) -(Continued from
November 15, 1977 Council meeting.)
2j, po b_le;P.urtthAse<8f((Swati-tkier,. Page 6041
E. Report of City Engineer
1..---Final Plat approval for Lake Eden North III (Resolution Page 6042
Nu. 77-152)
2./ Fi%nal and preliminary plat approval for Norseman Industrial Page 6046
Park 2nd Addition (Resolution No. 77-153)
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City Council Agenda - 3 - Tues.,December 6, 1977
E. Report of City Engineer (continued)
3. -4Celiminary and final plat approval for Nygren Estates Page 6049 1
(Resolution No. 77-154)
4. Receive petition from Robert Nygren and order public Page 6052
improvements for N ren Estates I.C. 51-316
(Resolution No. 77-155
5.4/Receive feasibility report for utility and street improvements Page 6054
for the Country Vista Addition, I.C. 51-312 (Resolution
No. 77-156)
F. Report of Finance Director
1. Bond Refunding_ Page 6056
2.�Clerk's License List AL/2 Page 6057
3. Payment of Claims Nos. 7507 - 8087 Page 6059
VII. NEW BUSINESS
VIII. ADJOURNMENT.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, NOVEMBER 1, I977 7:00 PM, CITY HALL .
COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers,
Dave Osterholt and Sidney Pauly
COUNCIL STAFF PRESENT: Acting City Manager John Frane; City Attorney
Harlan Perbix; Planner Dick Putnam;
Landscape Architect Chris Enger; Director
of Community Services Marty Jessen; and
Joyce Provo, Recording Secretary
INVOCATION: Councilwoman Joan Meyers
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the Council agenda:
A. Discussion about Community Education
B. Highway #212 Task Force
C. Discussion on the possibility of having a Consent Calendar on the
Council A,^n a
D. Comments by Council members for Councilman Bye to relate to the
Metropolitan Airports Commission at meeting being held at the Vo-Tech
this evening regarding Flying Cloud Airport
MOTION: Meyers moved, seconded by Osterholt, to approve the agenda as amended
and published. Motion carried unanimously.
Item I. D. Comments by_Council members for Councilman Bye to relate to the
Metropolitan Airports Commission at meeting being held at the Vo-Tech this
evening regarding Flying Cloud Airport were taken up at this time as Councilman
Bye is to represent the Council at the meeting which is taking place at the
same time as the Council meeting scheduled this evening. Council members
requested Councilman Bye to relate the following to the Metropolitan Airports
Commission: 1) Time be provided for the City to go over language of Ordinance
No. 51; 2) Some type of noise monitoring be involved if Ordinance No. 51 is
to be adopted; 3) Consider that an Environmental Impact Statement might be
necessary if Ordinance No. 51 were adopted under proposed language; 4) Hold
any action until update of Guide Plan; 5) That any further public hearings
regarding Flying Cloud Airport be held on nights other than scheduled Council
meeting nights; and 5) Council members should be made aware of things before
they happen regarding Flying Cloud Airport, i.e., MAC decided not to make any
improvements, however, during the interim improvements have been made without
letting Council members know.
II. CONTRIGUTION OF $l,ODO FOR CIVIL DEFENSE SIRENS FROM THE JAYCEE'S
Robert Kazmier, President of the Eden Prairie Jaycee's, introduced Jim Lindsay,
who presented a check in the amount of $1,000 for Civil Defense Sirens as a
contribution from the Jaycee's. Mayor Penzel accepted the $1,000 on behalf of
the City and thanked the Jaycee's for their support.
,a�u
Council Minutes - 2 - Tues.,November 1, 1977
III. MINUTES OF THE SPECIAL COUNCIL MEETING HELD MONDAY, SEPTEMBER 12, 1977
MOTION: Meyers moved, seconded by Pauly, to approve the minutes of the Special
Council Meeting held Monday, September 12, 1977, as published. Motion carried
unanimously.
MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY, OCTOBER 4, 1977
Pg. 6, 4th para.,5th line, after "foot" insert "right-of-way".
MOTION: Pauly moved, seconded by Osterholt, to approve the minutes of the
Regularly Scheduled Council Meeting held Tuesday, October 4, 1977, as amended
and published. Motion carried unanimously. •
IV. PUBLIC HEARINGS
A. Amoco Oil, rezoning by Amoco Oil Company. Request to rezone from
Rural to Highway Commercial an approximate 3/4 acre site on the north side of
U.S. 169/212 across from Eden Prairie Center north entrance, and approval
of RLS.
Mr. McGregor, Real Estate Division of Amoco Oil Company, outlined the
proposal and explained that Amoco would be building next Spring and hope
to open in July of next year.
Chris Enger, Landscape Architect, spoke to the Staff Report dated
September 2, 1977.
Osterholt questioned who owned the property. Mr. McGregor responded that
Amoco Oil Company has a contract subject to buying if the rezoning is granted,
and that Mr. Teman and Mr. Ball own the property at the present time.
City Engineer Jullie spoke to his memo dated October 27, 1977 regarding the RLS
for the Amoco site.
Councilman Bye was excused from the Council meeting at 7:15 PM to attend the Metropolitan
Airports Commission meeting on Flying Cloud Airport at the Vo-Tech School.
Meyers questioned if the Council should have signage plans and landscaping
plans on this site plan. Penzel further questioned if this could be provided
prior to the 2nd Reading of Ordinance No. 77-41. Mr. McGregor answered in
the affirmative.
MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing
and give a 1st Reading to Ordinance No. 77-41, rezoning from Rural to Highway
Commercial an approximate 3/4 acre site on the north side of U.S. 169/212 across
from Eden Prairie Center north entrance for Amoco Oil Company, conditioned
upon receiving a landscaping plan and some indication in writing that the
developer will conform to the existing City of Eden Prairie Sign Ordinance.
Motion carried unanimously.
MOTION: Pauly moved, seconded by Osterholt, to give preliminary approval of
the RLS with final approval pending the 2nd Reading of Ordinance No. 77-41.
Motion carried unanimously.
Council Minutes - 3 - Tues.,November 1, 1977
A. Amoco Oil, rezoning by Amoco Oil Company (continued)
MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney
to draft a rezoning agreement to include the following: requirement to
provide adequate landscaping and screening of the gas pumps and parking
areas, temporary erosion measures to be implemented during grading, sodding
and seeding to immediately follow construction, a pedestrian pathway
be provided in the right-of-way or the north side of the proposed Amoco
site as outlined in site plan to be constructed of concrete 5" thick and
5 feet wide, and that the following be submitted prior to the 2nd Reading
of Ordinance No. 77-41 - 1) landscaping and signage plans, and 2) a bond
or letter of credit covering the cost of the proportionate share of the access
road to TH 169/212 and for storm sewer drainage facilities. Motion carried
unanimously.
B. Olympic Hills 3rd & 4th Additions by Olympic Hills Corporation and Michael
Adams
Bruce Knutson, Architect for the project, outlined the proposal and
answered questions of Council members.
Chris Enger, Landscape Architect, spoke to the Planning Staff Report
dated August 15, 1977, and to the recommendations of the Planning
Commission.
Ostcrholt c .mented that a storm sewer plan has not beem submitted and questioned if
one is contemplated. City Engineer Jullie explained that the City is
suggesting that before any final plat approval the developer have a completed
plan showing their storm sewer program.
Both Don McGlynn, Olympic Hills Corporation, and Michael Adams, took part
in the discussion regarding trails and roadways.
MOTION: Pauly moved, seconded by Meyers, to continue the Public Hearing
for Olympic Hills 3rd & 4th Additions to the December 6, 1977 Council meeting,
referring this proposal to the Parks, Recreation & Natural Resources Commission
for trail review, and to the City Attorney to investigate the City's potential
liability if the Council approves the platting of lots which require the
driveways across the fairways. Motion carried unanimously.
C. Knoble Addition by Universal Land Corporation
Donald Peterson, Universal Land Corporation, spoke to the proposal noting
that they are not asking for any variances and that the project is
compatible with the area.
Chris Enger, Landscape Architect, spoke to the Planning Commission minutes
dated August 22, 1977, whereby the Planning Commission recommended approval
of the project, and to the Planning Staff Report dated July 27, 1977.
Osterholt stated he is concerned as to how this proposal will fit in with
the Guide Plan.
Council Minutes - 4 - Tues.,November 1, 1977
Councilman Bye returned to the Council meeting during the Knoble Addition Public Hearing.
C. Knoble Addition by Universal Land Corporation (continued)
Pauly questioned if it became expensive to prepare this property for
subdividing would that mean there would be less expensive housing.
Mr. Peterson responded in the negative, and stated it would mean more
expensive housing because they would have to eliminate lots.
Penzel questioned if this proposal had been reviewed by the Parks, Recreation
& Natural Resources Commission. Enger replied in the negative.
Don Peterson responded to the petition received from the residents dated
August 8, 1977, in opposition to the proposal, stating that leaving
the 5 acre parcel they are proposing to develop as one piece is not
feasible, and that their development will not detract from the area.
Mr. Peterson further stated that he feels Universal Land Corporation has
the right to develop their five acre parcel as it fits in with the
City's ordinance.
Enger spoke to the Neighborhood Facilities Study, and outlined the specific
recreation needs for the proposed area.
Grant Gilderhas, 16855 North Manor Road, referred to the petition and the
concerns outlined in same. An additional petition was submitted to be made
part of the record, consisting of two additional property owners. Mr.
Gilderhas emphasized there are a lot of people that moved to Eden Prairie
because they liked the large lots and the wide open spaces. He further stated
when he owned the home now owned by the Roeder's,he came to the Village offices
and asked if the 5 acre piece in question was going to be chopped `;.to
homesites. At that time the Village informed Mr. Gilderhas it would not be
in keeping with the planning of Eden Prairie to chop the area into homesites.
Mr. Gilderhas commented that he moved here for the kind of quality of life
he wanted and would have, and the quality of life is more important than the
dollar value of his property. He asked the Council to seriously consider
what this proposal is going to do in terms of traffic safety and also property
values.
Wayne Chapman, 16840 North Manor Road, stated he would like to see another
entrance and exit either to the east or to the north.
Odeen Rekoske, 6510 168th Avenue, explained that this area is basically
now one cul-de-sac and it would put much more burden on the street than it
already has.
Mr. Lasson, Controller for Universal Land Corporation, explained that in terms
of quality of life, lots are larger than a majority of lots in Edenvale
and The Preserve in this particular proposal.
Osterholt questioned what would make the proposal more acceptable. Mr.
Gilderhas suggested that road facilities should come before buildings,
a trail plan should be adopted, and lot sizes are not in keeping with
the rest of the neighborhood.
(03
Council Minutes - 5 - Tues.,November 1, 1977
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C. Knoble Addition by Universal Land Corporation (continued)
Mr. Peterson stated they would be happy to join on a petition with
owners along 168th Street to initiate a street improvement in that area
to be assessed equally between the property owners involved. He further
noted that lots are larger than any of the lots in the Golfview
subdivision and questioned if the Council does not feel the ordinance
which sets out 13,500 square feet as adequate in size requirements, than
the Council should consider changing the ordinance.
MOTION: Osterholt moved, seconded by Bye, to continue the Public Hearing
for Knoble Addition to December 20, 1977, and to 1) direct staff to review
the road system and sewer system to serve this project, 2) refer the
proposal to the Parks, Recreation & Natural Resources Commission for their
recommendation, 3) that an undated copy of the plat be submitted to the
Council, 4) comment from Staff as to how this particular piece of property
should fit into the overall Guide Plan in the area, and 5) have Staff
review the full engineering report on soils from BRW. Motion carried
unanimously.
D. Golf Vista Addition by Edenvale, Inc.
Don Peterson, Edenvale, Inc., spoke to the revised plat and answered
questions of Council members.
Chris Enger, Landscape Architect, explained that the Planning Commission
does not have a recommendation on the revised plat as submitted as it
did not ye through the Commission.
Dick Putnam, City Planner, outlined the recommendation of the Planning
Commission on the previous plan for Golf Vista.
James Dickey, 14075 Sun Dial Court, stated he supports the plan before
the Council more than any others which the Council has considered. He
further explained that the three residents in the immediate area have
worked with Don Peterson and feel things have been worked out to their
satisfaction.
Tom Tennison, 14314 Golf View Drive, explained that Don Peterson has
done everything possible to work with the neighbors, and with the deeding
of the vacant space to the neighbors and buffer area with trees, Mr. Tennison
supports the present plan.
Bill Langer, 14160 Green View Court, questioned that in the previous plan there
were two outlots, now there is only one. Don Peterson explained that one
remains, and the other is eliminated.
Jerry Kingrey, 14311 Holly Road, stated he would like to see the streets in
to take care of the traffic, and that Holly and Kingston are near capacity
for the type of roads they are. Kingrey requested that the Council consider
traffic that comes from such a development,and what it is going to do to
existing neighborhoods before other arterials are ready for use that will
take the traffic to the collector where it belongs.
Penzel asked if Edenvale is prepared to pay the necessary assessments for
a road to go from Mitchell to Baker Road. Don Peterson replied in the affirmative.
Council Minutes - 6 - Tues.,November 1, 1977
D. Golf Vista Addition by Edenvale, Inc. (continued)
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City Engineer Jullie stated that Hennepin County has included the
Crosstown construction to which this road is connected to their five-
year program (1981), and if we would choose to wait that long then
the County would participate.
MOTION: Meyers moved, seconded by Bye, to close the Public Hearing
and give a 1st Reading to Ordinance No. 77-42, rezoning from Rural to
RM 2.5 and RM 6.5 for double bungalows and apartments based on revised
site plan dated September 9, 1977. for Golf Vista Addition. Meyers, Bye, Pauly
•
and Penzel voted "aye", Osterholt voted "nay". Motion carried.
MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to
draft a rezoning agreement reviewing the original motions for rezoning
which included the original staff report, Planning and Council recommendations;
to include exterior material, color of the siding, and plantings as outlined
in letter from Edenvale dated October 20, 1977; that all diseased elms
be removed at the time of the issuance of the building permits throughout
the construction time of the project; and that the 50 foot strip at the north
end of the project be dedicated to the adjoining single family lots. Meyers,
Bye, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried.
MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 77-138,
approving the revised preliminary plat for Golf Vista Addition by Edenvale, Inc.
Meyers, Bye, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion
carried.
E. Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company
Mr. Howard Dahlgren, Howard Dahlgren & Associates, project planners
for the Edengate proposal, introduced Mike Gair from his office,
and James Dorsey, legal counsel for the proponents. Mr. Dahlgren
then spoke to the proposal commenting that they had met with the neighbors
and with four gentlemen who make up the Northwest Eden Prairie Steering
Committee. He further explained that the project will be financed by
FHA and there will be strict convenants to be controlled by the homeowners'
association. Graphics of the exterior and interior of the buildings
were displayed for Council members, and Mr. Dahlgren noted that the
proponent is dropping from their original plan of 240 units to 198 units.
Dick Putnam, City Planner, spoke to the Planning Commission minutes dated
August 8, 1977, and Staff Reports dated July 29 and September 8, 1977.
Osterholt complimented Mr. Dahlgren for the vast improvement of what was
presented previously for this site.
Osterholt questioned the ownership of the property involved. James Dorsey,
legal counsel for Edengate, responded that Edina Builders is the fee owner,
Catco purchased the Contract for Deed, and Gerald Pautz is purchasing same
from Catco. Mr. Dorsey further stated that Harry Gustafson and Richard
Hawthorne own Catco, Inc.
�j'gin j Ii
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Council Minutes - 7 - Tues.,November 1, 1977
E. Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company (continued)
Osterholt requested that the Council be provided with the names of the
Northwest Eden Prairie Steering Committee members and how they are
selected. He further stated the Council should have been made aware
of the meetings that were held with the neighbors.
Council requested that they be supplied with copies of the homeowners'
association documents. Mr. Dahlgren distributed a copy of the Edengate
Homeowners' Association By-Laws and Covenants to Council members.
Bye requested that City Attorney Perbix supply the Council with an
opinion of the action as handed down by the judge as to
the course of action the Council should take.
The following spoke in opposition to the Edengate proposal as presented:
Ernest Booth, 6781 Tartan Curve, Mr. Harley, 6741 Tartan Curve, Mr. Askland,
18219 Ginavale, Mr. Downly, 6970 Ticonderoga, James Follese, 6830 Park View
Lane, Jerry Catt, 18600 Duck Lake Trail, and Joe Mischel, 6681 Tartan Curve.
Concerns were cited by the aforementioned residents,.i.e., do not know of a
Steering Committee in the community - it is four people that like to call
themselves a Steering Committee, the neighborhood meeting was hostile,
the proponents are asking for a complete variance from the concept plan,
infringing on the Purgatory Creek area quite a bit, not all neighbors have
been informed about neighborhood meetings sponsored by Edengate, impact that
Dell Road would have on the environment, when people moved in this area they
were i.uld t the Village Hall this area was going to be a nature area or
possibly convert to a golf course, traffic problem which will occur on Duck Lake
Trail if this development occurs, traffic safety, density, and the feeling
that it is inevitable that this proposal has to be approved as Staff Reports
indicate the Council has no choice but to accept the project.
Robert Nielsen, 6761 Tartan Curve, stated he is not for the project but
feels it is better than plan previously submitted.
Mr. Dahlgren commented that what the Judge is saying is for the proponent
to go back to the City and work things out. Therefore, the proponent applied
for a new proposal and have tried to work it out the best we could with the
people,Mr. Dahlgren reiterated. The project was approved by the
Environmental Quality Council and a new Environmental Assessment Worksheet
has been prepared.
Bye questioned if Edengate's legal counsel would agree that Mr. Dahlgren's
interpretation of the Judge's charge was correct. Mr. Dorsey stated that
the practical opinion and charge of the Court was for the Edengate people
to go back to the Council and work it out.
MOTION: Osterholt moved, seconded by Pauly, to continue the Public Hearing
to December 6, 1977, request the City Attorney to answer Councilman Bye's
concern as to the Judge's opinion as to the course of the action the Council
should take, the developer should be advised that the City is undertaking
the Guide Plan and see what the proponent's response is to a further Environmental
Assessment Worksheet, a statement from the proponent regarding specifically
the upgrading of Doll Road and how they would propose a connection between
their parcel and Duck Lake Trail, and clarification as to votes by the Parks,
Recreation & Natural Resources Commission and the Planning Commission. Motion
carried unanimously.
54G(0
Council Minutes - 8 - Tues.,November 1, 1977
MOTION: Meyers moved, seconded by Osterholt, to continue the Council meeting past the
11:30 PM scheduled adjournment hour until 12:30 AM. Motion carried unanimously.
V. REPORTS OF ADVISORY COMMISSIONS
No reports.
VI. ORDINANCES & RESOLUTIONS
A. 2nd Readilg of Ordinance No. 77-36, amending Ordinance No. 186, pertaining
to the prevention and control of tree diseases
MOTION: Meyers moved, seconded by Osterholt, to approve the 2nd Reading
of Ordinance No. 77-36, amending Ordinance No. 186, pertaining to the
prevention and control of tree diseases. Motion carried unanimously.
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Councilman Osterholt stated he would try to have the Sign Ordinance
ready for the November 15th Council meeting.
B. Report of City Manager
1. Setting of a Public Hearingfor large acreages of property along 1
the Lnicago/Northwestern Railroaa in Southwestern Eden Prairie to
Planned Study
MOTION: Pauly moved, seconded by Bye, to set December 6, 1977
as the Public Hearing date for large acreages of property along
the Chicago/Northwestern Railroad in Southwestern Eden Prairie
to Planned Study. Motion carried unanimously.
2. Concept approval for fire station facilities, and setting date
for accepting bids
Public Safety Director Hacking introduced Mr. Dickey and Mr. Kodet,
architects for the fire station facilities. Mr. Kodet displayed
graphic illustrations of the proposed fire station facilities and
explained that the landscaping is going to be handled by the City
of Eden Prairie.
Hacking explained that Planner Enger will lay out the plan for the
landscaping and the Eden Prairie firemen will donate the labor to do
the work involved.
MOTION: Bye moved, seconded by Osterholt, to proceed with final plans,
specifications and bid documents, set January 6 as the date to advertise
for bids, February 1 as the date to receive bids, and February 7 as
the date for Council to consider awarding bids. Motion carried
unanimously.
5a�1
Council Minutes - 9 - Tues.,November 1, 1977
C. Report of City Attorney
City Attorney Perbix explained that the City has received four appeals
for special assessments, those being: 1) Ray Welter, 2) Don Rogers,
3) John Rogers, and 4) Mrs. Kutcher.
D. Report of City Engineer
1. MTS Company Sign Request
City Engineer Jullie spoke to memo dated October 27, 1977.
City Attorney Perbix stated if the Council chooses they could grant
MTS a license to maintain the signs for an indefinite period of
time with the understanding MTS would move them if the City no longer
wants the signs on our property.
Paul Strand, Assistant Treasurer for MTS, responded that he would
not have any objection to this type of a stipulation.
Meyers stated she is pleased to see sign proposals brought before
the Council that are well landscaped.
MOTION: Bye moved, seconded by Osterholt, to approve the MTS
Company sign request and direct the City Attorney to draw up the
appropriate agreement. Motion carried unanimously.
2. Final Plat Approval for Meaduwocd 1st Addition (Vale Woods)
City Engineer Jullie spoke to his memo dated October 26, 1977.
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 77-144, approving the final plat for Meadowood 1st Addition.
Motion carried unanimously.
3. Application for Special Assessment deferral for senior citizens
City Engineer Jullie spoke to his memo dated October 28, 1977, and
answered questions of Council members.
MOTION: Osterholt moved, seconded by Bye, to approve the application
for special assessment deferral for senior citizens as outlined in
memo dated October 28, 1977 from City Engineer Jullie, and that the
applicants file a written statement regading their household income
status for the City's records. Motion carried unanimously.
4. Chemical Waste Disposal Site
City Engineer Jullie spoke to his memo dated October 28, 1977, suggesting
that the Council invite members of the Ad Hoc Advisory Committee to make
a presentation before the Council at the next Council meeting.
MOTION: Bye moved, seconded by Pauly, to direct staff to draft a strong
resolution that the Eden Prairie City Council vehemently opposes the location
of a landfill facility for chemical waste within the City of Eden Prairie.
Motion carried unanimously.
Dean Edstrom, Chairman of the Development Commission, spoke to
resolution adopted by the Conunission pertaining to the Chemical 920
Waste Disposal Site being located in Eden Prairie.
Council Minutes - 10 - Tues.,November 1, 1977
5. Acceptance of Utilities in The Preserve Center Area
City Engineer Jullie spoke to memo dated October 28, 1977, stating
that The Preserve will not hold the City responsible for any
damage to the pool.
Osterholt recommended that this matter be referred to the City
Attorney.
MOTION: Osterholt moved, seconded by Pauly, that the City accept
the utilities in The Preserve Center area subject to approval of
City Attorney relating to protection of potential claim against the
City for damage to The Preserve pool. Motion carried unanimously.
E. Report of Finance Director
1. Payment of Claims Nos. 7236 - 7359
MOTION: Pauly moved, seconded by Meyers, to approve Payment of
Claims Nos. 7236 - 7359. Roll Call Vote: Pauly, Meyers, Bye, Osterholt
and Penzel voted "aye". Motion carried unanimously.
2. Clerk's License List
MOTION: Meyers moved, seconded by Osterholt, to approve the Clerk's
License List dated November 1, 1977. Motion carried unanimously.
3. Seiec:ion of Auditor's for 1977 ,Audit
MOTION: Osterholt moved, seconded by Pauly, to accept the recommendation
of Finance Director Frane and appoint the George M. Hansen Company to
conduct the audit for the City of Eden Prairie for the year 1977.
Motion carried unanimously.
VIII. NEW BUSINESS
A. Discussion about Community Education
Pauly spoke to the proposal that the new curriculum director is presenting
to the School Board on a new community education proposal.
MOTION: Pauly moved, seconded by Meyers, to direct staff to send a
communication to the School Board requesting that the School Board let the
Council know what changes are contemplated in the Community Education Program.
Pauly and Meyers voted "aye", Osterholt and Penzel voted "nay", and Bye
abstained. Motion failed.
B. Highway #212 Task Force
MOTION: Osterholt moved, seconded by Penzel, to appoint Councilwoman
Pauly to serve on the Highway #212 Task Force. Osterholt, Penzel and
Bye voted "aye", Meyers and Pauly abstained. Motion carried.
C. Discussion on the possibility of having a Consent Calendar on the Council Agenda
MOTION: Osterholt moved, seconded by Penzel, to direct the City Attorney
to research the possibility of having a Consent Calendar on the Eden Prairie
City Council Agenda. Motion carried unanimously. 590
Council Minutes - 11 - Tues.,November 1, 1977
D. Comments by Council members for Councilman Bye to relate to the Metropolitan
Airports Commission at meeting being held at Vo-Tech this evening .
regarding Flying Cloud Airport
This item was taken up at the beginning of the Council agenda (page 1).
IX. ADJOURNMENT
MOTION: Pauly moved, seconded by Bye, to adjourn the Council meeting at 12:35 AM.
Motion carried unanimously.
'jq'C)
MEMORANDUM -
•
TO: Mayor and City Council
TiiRU: Roger K. Ulstad, City Manager
FROM: Marty Jesscn, Director of Communtiy Services,. f.J.
SUBJECT: Olympic Hills 3rd and 4th Addition
DATE: November 10, 1977
On Monday, November 7, 1977 the Parks, Recreation and Natural Resources
Commission reviewed the proposed plan and recommended the following:
1. That the CASH PARK FEE be applied to all buildable lots.
2. That sufficient R.O.W. for trail construction (8' asphalt)
be provided along the North side of County Road 1.
3. That the 2 lots with the driveway across the 17th fairway
be eliminated because of the safety hazard.
• 5gi!
•
TO: Mayor and City Council
FROM: Carl Jull ie, P.W.D.,
Chris Enger, P.D.
IHRn'1GH: Roger K. Ulstad, City Manager
DATE: Dociuher 1, 1977
SiI)tCT id.rojate T,,'i,ho;se Status with Environrental Quality Board
It
On Oclohcr 20, 19/1 the !•iinnusota Departaunt of Transportation(WN DOT),
;;rote a letter(enclosed) to the City of Eden Prairie expressing concern
cvt:r the status of Dell Road north of Valley View Road and the impact
of i.he 1dnyate Project on the transportation system in northwestern
1'dr;n Prairie.
The pi oject .:as suhsoqt:r•ntly revis';:ed at the LQB rooting on Nov. 8, 1917.
Th' rctiuiutiun regarding the project is attached.
In r:s.F,,rse to this resolution, representatives of the EQB Staff held a
r.eeting on Pretty, Cover=;ar 21, 1917, in order to clarify KM DDT's
r.ga.rres r Pali 7u1i. Initvi.ivals aitcnding that iv.r.oting •;:ere: .
Carl iioli*sied PM DOT
Brian Vellum Pi DOT
Junettc I:reit'.ca:ris I'dl DOf
Al Porei PCA
I;re;ard Dahlgren Elongate Consultant
Pike Cair Staff, Howard Dahlgren & Assoc.
Jim Dorsey Edengate Legal Counsel
C Iald [autz, Jr. Proponent
C,:rald P,suti, Sr.
1 r.nk Rig Edenyate Consultant
Chris ineer Eden Prairie Planning Director
Carl Jullie Eden Prairie City Engineer
Questions of the LQB Staff regarding Dell Read were as follows:
1. Then will Dell Mild he hoiilt, both north of Duck Lake Trail and
south to Talley Vlaw
2. When will Valley Vied G•",d rtannurl to Co. Rd. 4?
3. Will Dell !' ud ho ta.m,ttt-d to State Highway 5 as shown in the
1%63 Guide lal,+n or twined to III 101 as shown in draft Guide Plan?
4. Where will Dell Road he built north of Duck Lake Trail?
J3'1eJ'
-2- D:'Cca er 1, 19/7
5. What ROW and road width will Dell Road have?
6. What will be the design speed of Dell Road ?
7. What will the anticipated volumes of traffic be ?
8. Wow will truck traffic be dealt with ? •
9. The RN ROT staff is also concerned about the overloading of TH 101
if the draft Cuide Plan revision to Dell Road is adopted ?
The FQ3 Staff requested the City of Eden Prairie give answers to these
questions, hopefully in time for them to be considered by the LQ3 on
Dcceoe r 13, 1977. •
Mr. ,lullie and I explained the 1968 Guide Plan delineation of Dell Road
as a collector 40 45 mph design speed, but in light of the pending draft
Gjida Plan, and the fact that L,uch of the completion of Dell Road relies
upcn d.•velepL nt to the ;nu,h of Duck Lake Trail, ::e could not conarent
in the Council's behalf on all of LQB's concerns about the road.
Dave reginfsted a letter &tailing the concerns of this staff meeting
be addressed to the City. Todate, we have not received this letter.
Ci:jj •
. t
'i.•. J/ t) I'A'l'l'. O i' it il,: tS!.)tI t 'I'A
�'t' ENV'IRONMEN TA I, QUAI.I IN i,r):1Ri)
CAI'i VOL SQUARE hUll.l)i\G
550 CEDAR SfRI'I:f
ST. I'AUL, 55101
Phone:_... -_ _ . .
RUS0I1It!0l1 OF THE
11l1rltfSOTA FINVIRO:tEUiAL QUALITY BOARD
Etkruf{IL RESID;•_NIIAt. DEVIlOi'i•iE_h'f
19/7 RFVIStON
.Sr, I;illlr,ne Toyed:
fi!;:Ri AS, on June 10, 19/5, the ❑lviron!.rntal Quality Coerd (EQ3) revie•:1ed
an cnvirun,;.sntal as .e'.sr.,•nt on a 206 unit Idangato townhouse developr:;ent and found
that noI-Ill'71'OI1C, ritdl iu ect Stator.-Tit Ws) wasrequired;; required; and :
Wilts :SAS, the IQ3 s,eivsted in its resolution that transportation forecasts
he, considered in the Lity's Iz..isien, and that design of Edentate provide adequate noise
abatement Features soul' that federal and state noise standards are not exceeded on
lion P.:rt.,•r:y; r.nd
CellH-AS, the developer has inforeed the EQ3 of design changes reducing the •
units to 7'3, to.c.'•v-. r relocating a portion cast of the proposed parkway; and
1::1;R.AS, the developer has requested the EQ3's determination on the need
for furth,_r enviror,r-nt.al evis;l based on these changes; and
1:i1 11 /, , t • , ar changesri-n ,!'Sign, �li',lin•i ? and transportation and
F. va b.en revir.:r t''d in .-'iil by the Ity3; and '
;:III-i',FAS, revinn,s' of the revised plat by the IQ3 and I iroesota Depart!r.ent of Trans
i-•ect.•:Lic•rl has Indic tett concern over adequate right--of--::ay for future roadway expansion,
and ,ch.-:,,.!lore LI ntiug potential Problems with safety, traffic congestion and noise
pollution;
TH ;;;{I 0,1F, kE If RhSOt Vi-D:
THAT the IQ3 finds the proposed changes require additional environin ntal
r v i-:i; and
Tl!Af the developer, in cooperation with the City of Eden Prairie, supply
on r,'t1.-:Rhin to the L'nvirire .'ntli assecsr-ernt addressing particularly the transportation
ant' ,.'. .uriated iryacts id::-ntitied by the Iti!ine-wla D'gartc.L:nt of Transportation; and
THAT the I Q!3 ear's no finding at this tier as to whether such changes render
this i.rojr'ct. a ne:r action, hut re•:er'v.•s the ri ht to rile such a decision at a later
d.,i a if rt:-r --.`..11•y,
ItT.'U 't.rr f r.pert hack to I Q3 at its D,'cem5er !renting on progress read.?
l;v dev,'lo;:•r and id;n Prairie on addendum. .
Saii,nd'd !y Ps. i aerr,,urn, the motion carried nnanimously with Vander,eel, Crooks,
far,' ,ri:•-', P..rr iuyton, l at.:son, t riterre urn, 1'agriuson, hiillhone, O'h,.iIn .end Itelker vutina .:yC',
:�yc ..r„I Si•'•,,;rli HOtri p ">irnfN, Iowa. UPJ'J'.Tl !It Py is:!Pi.OV,_R +1'),, 1
•
• . rf• •,1 -
L• !". i,a:111.1.4
820
10 : Charles Arnow DATF;: October 20, 19/7
E..Iviron:Dental Quality Board
FROM : Jonette Kreideweisl' P11ON 296-5983
Motion Unit
Office of Enviromiental Affairs
SUBJECT: Fate Revised Plot
of Ty.,11:port. ..1,(v1/Fx.)'e) his reviewed the
▪ 5. A cor the pro,:o::A feel that the
cc— ti 9:?-:rtnt in M.ly 1915, in .rIpensa to the
o n.a .tre still vaiid. In addition to those co.:Laonts
we live is toil c,mcorn5 with the develepot exoansion as depicted
by Parcel 11 on the preltAnary plat.-
The addition of Parcel B infrin3es on the previously proposed Eden
Parkway. If this is an accurate description of the location the
vestton of whether Edcn Parkway will bc,:c...7,e a reality arises. Eden
was o twiliy pzed to .:; is(: TorA iii1;11..1.-,.y 101 in
the access n:leds of this ; ,illy area. If Eden
:ky is net constructed tLa LraffiC 1:.urt!on on to.rA hiahway 101
incco;:sed. This ince in traffic would bring beut the
1,.• d for t1% ?ortation ilaprovents. At the present tine, trunk
y 101 a very liited richt of ,:ay in which to make these
ci:).11 of 1.Q:.•!s to othet ,"“:010.( is. Trunk
y 101 is the bnalAry hotw:cn Cilassan and Eden
Peairio in the F1a:I.,;.1Lo ayoa. The City of Chanha,:son has i;onorally
ben quite cao,oativa ii •:.".,,;uottng tiavolYy2,, tS to allow anropriate
s•Almeks to facilitate trunk hif'hay 101 i:..prevoi;)ants and to les:lan
other i,,-,pcts such as noise. Edtn Prairie, on the other hand has
said that Clan will relieve the Trunk Hillway traffic burden,
end th,:cofol:e setbacks for trunk hishway 101 i.7.prow.lents are not
• s. cy. ,,;;th the n,:wly proo,),.A Parcel B addition to Menfote
theraality of the Von r.ly',way cuac,Vt, lha/DOC ;411 be
left to dye trunk liiwoy 101 probls 1;cncrated not only by
Edon3ate but by other recent Edell Prairie devolop.lonts.
The sound planning of residential devoloonts also inilics respon..
sihility for a..nuring the provision of adouite facilities to service
thcae 0.,:A.:lent.s. This re-pol:ibiliLy rests in the hands of the
runicipalitics who h.lve the ,utherity to ,:ontrol the use of the land.
1
•
69% •
C:tc. -r 20, 1fi7
Car department strongly feels that the revised Eden„ate plat rep•,
resents significant changes fro:a ;:he original proposal, and creates
the potential for i,apacts not previonsly considered. In terns of
transportation these effects include iacroascd traffic congestion,
safety and noise_ effects and the possible secondary enviroix,ental,
social and eccno.iic effects if the ;ct:ion aeccssitates the eventual
upgrading of trunk highway 1111.
t;e Lvald like to give the City of Vet) rrairic and the developer of
Eden;atc rut oportunity to respond to our concerns. If ;sajor issues
:till retain unresolved 1.1u/Dar ••could reco . nd ;:;;at the r.Q3 request
that an F.avi.rc;:::e.Ital assess; cnt work sheet be done on the revised
r.'en;;;tc plat.
cc: C. P. "v'g Jr. •• Ccnsult':n; -i.:r:,:rs ;ive.sCicd
2i.c:ard Zute .a . Ciey Pl...r:n r.��,id.•n i'1 irie
Technical r ),:eseal:atives
•
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VILIP.OS OF PD:iNi VIZAiiliE fis\-
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fig. 5.5 1 CO Thoro1!(j:ifare (/Plan i
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t`' Tri... f d • C L '. y`I i
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----\
mow - l rd`�,/�J) P � r.:�-�_ - ;'5, r'c
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legend:
I - , principal arterial RM reradrrdiai .....r."• E elementary school SC sports complex
r. 1r -1 intermediate - RH •""a'•nl"I.._....•.,. t chord..cnmrl.,ry ='� principal arterial
C crn.ua,r dal SE secondary education --- = Intermediate'
i 10 u et U minor arterial Id industrial HC trennrpin ..aunty — minor arterial
round collector P public CS city services —--- Collector
0 qu.rsi•public F tire • 1.1U.S.A Lino
Edon Prairie Guide Plan Update Source: Brauer & A>sociates
5,9'9
• Aug. 1.0/ 1971
CITY or EDEN PRAIRIE . I
NENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 77-109
RESOLUTION APPROVING TILE
PRELIMINARY PLAT OP Amsolm
•
• -
Jams SECP.1112.1T.D.MOM •
•
NE IT hE91,VnI) by the Eden Praixie City Connell as follows:
That the preliminary plat of Amsden Hilts Second__________
Addition , doted a copy of
which i ttLched hereto and amended as follows:
• •
•
•
is found to he in eonforuance with the provisions of
the FderT i e on inn and piatting o:55,,ancos and
nrients tholoto and is herein approved.
ADIWTED by the Eden Prairie City Council on
Wolfqiing D. Penzel, Mayor
ATTEt.T: SEAL
. .
John P. one, clerk
•
•
•
•
•
;•)
) .0 •
-v., tt•
HOWARD DAHLGREN ASSOCIATES
INCORPORATCD y
CONSULTING PLANNERS
ONE GROVELANO TERRACE 1!!
MINNEAPOLIS,MINNESOTA 56403
61i•317-3434
November 29, 1977
Honorable Mayor, Members of the City Council
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
ATTENTION: Mr. Roger Ulstad
Dear Council Members:
At the last meeting of the Council, a number of thoughtful questions
were asked about the project. To assist the Council and staff to
fairly and accurately continue the evaluation process, we offer the
following answers to these questions and other pertinent points:
1. Who owns the property?
Gerald Pautz and Pautz-Franklin Realty Company are purchasing
the 118.17 acre site from Catco, Inc. who is the purchaser
under contract for deed from Edina Building, Inc. The
purchase agreement, dated November 21, 1974, gives right of
possession and equitable title to the buyer.
2. In the original PUD Agreement, was the north-south parkway
to be partially constructed by the proponent?
None of the documents that record the 1970 Concept Approval
mention any commitment by the sponsor to pay toward or
partially construct the north-south parkway. Mr. Don
Rippel, the planner who made the 1970 presentation on
behalf of the sponsor, has stated that there was no
commitment requested by the City or made by the developer
to pay toward or partially construct the parkway.
3. Provide Homeowners' Association documents to City Council:
Enclosed are drafts of standard homeowners' association
documents that have been prepared by the Dorsey law firm.
We have outlined the developer's position on the items
left blank. We would be happy to answer any questions that
you may have regarding these documents.
Honorable Mayor, Council Members
November 29, 1977 Page Two
4. Where are the settling ponds, and what are their capacities?
The locations of the three proposed settling or holding ponds
are shown on the attached reduction of the site plan. The
capacities will meet the criteria established by the Watershed
District and the City engineering department.
5. Culvert versus a bridge at the Edengate entrance road creek
crossing:
The Department of Natural Resources (DNR) has stated that they
want a culvert at this creek crossing. In April of 1975,
the Watershed District stated a preference for bridges at
future creek crossings in this area. In July, 1976 the
Watershed District and the DNR approved a 33 inch culvert for
the upstream creek crossing of Tartan Curve in Maple Leaf
Acres Second Addition. The developer agrees with the DNR in
favoring a culvert at the Edengate entrance road, but will
abide by whichever the DNR and the Watershed District agree on.
6. Environmental Quality Board (EQB) and Department of Trans-
portation (Mn/DOT) status:
The EQB approved the 206 unit Edengate Townhouse Development
on June 10, 1975. The Mn/DOT in a letter of October 20, 1977
to the EQB, expressed a concern as to whether or not the
parkway (Dell Road) will be built, and if so, about the
timing and size of the parkway. On November 21, 1977 we met
with representatives of the Mn/DOT and PCA and they stated
that they have no problems with the Edengate 198 unit plan.
The Mn/DOT is interested in knowing what the City's present
commitment is for constructing this parkway that has been
proposed since 1968. They requested of Mr. Jullie and Mr.
Enger that the City respond to concerns about the parkway in
writing in time for them to respond to the EQB by the
December 13th meeting of the EQB.
7. Timing and location of the proposed north-south parkway:
The location now proposed for the parkway is exactly where
it was approved by Resolution 356A of the City Council,
July 15, 1970, as shown on Exhibit A to Resolution 356A,
the developer's approved site plan. The timing of the
parkway, of course, is up to the City and other goverment
agencies. The developer requests that the parkway be
constructed as a public improvement project to the Edengate
south entrance as soon as possible.
Honorable Mayor, Council Members pa Three
November 29, 1977
8. Has the 1968 Comprehensive Guide Plan been revised for this
area of Eden Prairie?
Mr. Enger has informed us that a proposed revision of the
Comprehensive Guide Plan is in process, and is presently at
the neighborhood meeting stage. He has furnished us with
a copy of the current draft for this area, which shows the
Edengate site as "residential, multiple". On September 12, 1977
the Planning Commission passsed a motion reaffirming the
concept of multi-family housing for this site. Eden Prairie's
1970 PUD Procedures (which Mr. Thorfinnson has stated were
followed on this development) state that PU0 Concept Approval
"authorizes inclusion in the Guide Plan", which would seem
to indicate that the Concept Approval for this development
granted July 15, 1970 included the plan in the Comprehensive
Guide Plan.
9. Who owns the parcel of land between the Edengate south
boundary and Duck Lake Trail, through which the parkway would
221
As far as we know, the owner of this parcel, which consists
of 9.38 acres, is Mr. or Mrs. Donald F. Kral. The July 15,
19be70 givencbasedpon (attached)".plans Ridentified esolution 3inAExhibitsAthat "approval
The land area of the site shown on Exhibit A is 118.17 acres
and it excludes the 9.38 acre parcel.
We are happy to work with the City toward a successful solution for
the development. We will be in attendance at the
r December
ert6, 1977
o tnt
meeting of the Council and will be happy any
questions or concerns you may have.
Sincerely,
iati.
D DAHLGREN A j1CIATES, INC.
etia .liZ a4 t.c.,—_- .
rd Dahlgren
•
REVIEW OF PROPOSED EDENGATE HOMEOWNERS' ASSOCIATION BY-LAWS AND COVENANTS
I PURPOSE
To provide a review of salient points pertaining to proposed Edengate
Townhouse Homeowners' Association.
II INCORPORATION
Pursuant to the provisions of Minnesota Non-Profit Corporation Act,
Minnesota Statute, Chapter 317, a corporation will be formed and named
Edengate Association. This corporation is organized and shall be
operated for the purposes of community welfare and for the maintenance,
preservation, development, improvement, and environmental control of
the lots and common properties included in the Edengate Development.
The duration of the corporation shall be perpetual.
III BY-LAWS OF THE CORPORATION OF EDENGATE
The by-laws set forth the legal parameters within which the Association
shall operate. The by-laws prescribe types of membership, voting rights,
methods of and timing for the establishment of a Board of Directors,
Executive Committee, and the officers of the Association, as well as the
establishment of an Environmental Control Committee. These by-laws
clarify the responsibilities of the Board of Directors which includes
the preparation of the rules and regulations, procurement and maintenance
of liability and hazard insurances for property owned by the Association
and cause common property and exteriors of all structures to be
maintained.
IV DECLARATION OF COVENANTS
The purpose of this component of the Homeowners' Association is to provide
•
for the preservation of development values and amenities and for the
maintenance of open space, common areas, and facilities. To this end,
the developer declares certain covenants, conditions, restrictions,
easements, charges and liens.
Discussed in these covenants are methods of making annual assessments
on each homeowner for normal cannon area maintenance for services which
include snow removal and grounds maintenance. A special assessment for
capital improvements on common areas is also provided for and such funds
can be procurred if determined necessary by the Board of Directors.
Exterior maintenance, painting, and repairs of individual living units
is assessed to each property owner requiring such services.
•
The covenants also provide for the establishment of an environmental •
control committee which receives instruction from the Board of Directors
and controls such things as the following: placement of buildings,
structures, fences, or walls, and any improvements or structure of any
kind involving the painting, decorating, or coloring in any way of
exterior surfaces. Environmental control also includes the planting
of trees and prohibits, unless approved by the Board of Directors, the
placement of sculptures, works of art, or ornamental lighting in any
outside area or lot.
The Association maintains all common ground and building exteriors and
the exteriors of any or all improvements or structures on any lot. This
includes driveways, fences, windows, sewage systems, plumbing, lighting,
air conditioning, electrical, and any other structures on the site.
The following are additional restrictions identified in the covenants:
1. No lot shall be used for any purpose other than residential.
2. No animals of any kind shall be kept for any commercial
purposes.
3. No signs except "For Sale" signs are allowed with the
exception of a sign for purposes of advertising the
development.
4. No noxious or offensive activity shall be carried on upon
any lot.
5. Garbage, rubbish, and trash shall not be kept on any lot
except in sanitary containers and screened from view.
6. No structure of a temporary character, trailer, tent,
shack, barn, or other building shall be erected on any
lot. No television or radio antennas shall be erected
or maintained upon any lot except that a television
antenna of reasonable size may be placed on the roof of
a living unit.
7. All sporting equipment, toys, outdoor cooking equipment
(except permanent installation), clothes lines, and other
equipment and supplies of convenience to residential
living shall be enclosed or screened from view in a manner
approved by the Board of Directors or the Environmental
Control Committee.
These covenants shall run with the properties and are enforceable by
the Association or any owner from the date of declaration and are
automatically renewed for successive ten year periods.
ARTICLES OF INCORPORATION
OF
ASSOCIATION .
The undersigned, for the purpose of formink a corporation pursuant
to the provisions of the Minnesota Nonprofit Corporation Act, Minnesota
Statutes, Chapter 317, adopt the following Articles of Incorporation:
ARTICLE I
The name of this corporation shall be
Association. •
•
ARTICLE II •
This corporation is organized and shall be operated for the purpose
of community welfare and for the maintenance, preservation, development, im-
provement and environmental control of the Lots and Common Properties in
•:.County, Minnesota, hereafter to be described as follows: /
according to the plat thereof hereafter to be recorded in •County,
Minnesota, and such additions thereto as may hereafter be brought within
the jurisdiction of this corporation (hereinafter called the "Properties"),
and for such (ither lawful purposes ss may legally be carried on by a non-
profit corporation created under the provisions of the Minnesota Nonprofit
Corporation Act, Minnesota Statutes, Chapter 317, and any further laws
amendatory thereof and supplementary thereto.
• .--r
ARTICLE III
This corporation does not and shall not, incidentally or otherwise,
afford pecuniary gain to its members, directors, or officers; provided that
this corporation may pay reasonable compensation for services rendered to or
for the corporation, and may purchase from, sell to, and otherwise deal with,
its members, directors, officers and others in real and personal property
situated in • County, Minnesota.
ARTICLE IV
The duration of this corporation shall be perpetual.
ARTICLE V
The registered office of this corporation in the State of Minnesota
shall be located in , County of
• ARTICLE VI
(a) In the event of dissolution of this corporation, all of its
then assets shall be distributed as follows: (i) the dissolution shall be
conducted under court supervision if required or permitted under the statutes
of the State of Minnesota, as now enacted or as hereinafter amended, and,
subject to the prior compliance with Subdivision 1, Clauses (2), (3) and
(4) of Section 317.57 of the Minnesota Statutes, the assets of this corpor-
ation shall be distributed to the members of the corporation in accordance
with and in the manner as set forth in the corporation Bylaws; (ii) if the
dissolution under court supervision is not required or permitted under the
statutes of the State of Minnesota, as now enacted or as hereinafter amended,
. . 11-40, 3
the assets of this corporation shall be distributed subject to prior com—
pliance with Subdivision 1, Clauses (2), (3) and (4) of Section 317.57 of
the Minnesota Statutes, to the members of the corporation in accordance
with and in the manner set forth in the corporation Bylaws.
• ARTICLE VII
•
.The names and addresses of the incorporators, each of whom is
a natural person of full age, are:
• Names Addresses
ARTICLE VIII
(a) Every person or entity who is a record owner of the fee
simple title to any Lot, including both contract sellers and contract
purchasers of record, shall be a member of the Association. Membership
shall be appurtenant to and may not be separated from ownership of any
Lot. As the. term is used herein, "I.ot" shall mean and refer to any plot
of land shown upon any recorded subdivision map of the Properties including
those shown upon any replat or resubdivision of a Lot, with the exception
of real property within the Properties designated for the common use and
enjoyment of the members of this corporation. .
(b) The first Board of Directors of this corporation shall consist
of three (3) persons. The names and addresses of each of them are:
•
• Names Addresses
•
The term of office of the first Board of Directors shall be until successor
directors have been elected and shall qualify.
(c) Cumulative voting shall not be allowed.
(d) From time to time, the number of directors of this corporation
may be increased or diminished by vote of the members of the Board of Direc-
tors of this corporation in accordance with the Bylaws of this corporation,
but shall be no less than three (3) in number.
ARTICLE IX
Members, directors and officers of this corporation shall not be
personally liable to any extent whatsoever for obligations of this corporation.
ARTICLE X
This corporation shall have no capital stock, either authorized or
•
issued.
IN TESTIMONY WHEREOF, the undersigned incorporators have hereunto
set their hands this day of , 19
-i •
•
•
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STATE OF MINNESOTA
)
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before
me this day of , 19 , by
I •
and
-5-
DECLARATION
THIS DECLARATION, made this day of , 19 , by
(hereinafter called the "Original
Developer").
WCI'NE.S SETA, 'fltAT:
WHEREAS, the Original Developer is the fee owner of real property,
situated in County, Minnesota, legally described on Exhibit A
attached hereto and hereby made a part hereof (hereinafter called "Existing
Property"), and desires to create thereon a residential community with
permanent open spaces and other common areas and facilities for the bene-
fit of said comnnnity; and
WHEREAS, the Original Developer desires to provide for the preser-
vation of the values and amenities in said community and for the maintenance
of said open spaces and other common areas and facilities, and to this end
desires to snbleet the Existing Property, together with such additions as
may hereafter be made thereto, as provided in Article 11 of this Declara-
tion, to the covenants, conditions, restrictions, easements, charges and
liens hereinafter set forth, each of which is for the benefit of the Existing
Property and such additions thereto and is for the benefit of each Owner of
any portion thereof; and
WHEREAS, the Original Developer has deemed It desirable for the
preservation of the values and amenities in said commnnity to create
a Minnesota nonprofit corporation, to maintain and
administer the community open spaces and common areas and facilities, to
administer and enforce the c,wvuants, conditions, restrictions, easements and
liens, and to collect and dishu,.' assessments aunt charges.
NOW, THEREFORE, the Original Developer, hereby declares that the
Existing Property is hereby made subject to the covenants, conditions, re-
strictions, easements, charges and liens hereinafter set forth (hereinafter
called "Covenants").
ARTICLE 1
DEFINITIONS
Section 1. The following words, when used in this Declaration,
or any supplementary declaration made pursuant to Article II hereof (here-
inafter called a "Supplementary Declaration"), shall have the following
meanings:
a. "Association" shall mean , a
nonprofit corporation organized under the laws of the
State of Minnesota, its successors and assigns.
b. "Properties" shall mean all Existing Property and such
additions thereto as are made subject to thin Declaration
by any Supplementary Declaration.
c. "Common Area" shall mean those areas of the Properties
described on Exhibit H attached hereto and hereby made
a part hereof, and all additions to such areas made by
any Supplementary Declaration.
d. "Lot" shall mean any plot of land shown upon the then
most recently recorded subdivision map or maps of the
Properties, or any part thereof, with the exception of
the Common Area.
e. "Living Unit" shall mean any portion of a building; situ-
ated upon the Properties which is originally constructed
for use and occupancy as a residence independent of the
use and occupancy of all other portions of such building,
including any detached or attached garage or any other
improvement used in connection with such portion of such
building and owned by the occupants of such portion of
such building.
f. "Owner" shall mean the record owner, whether one or more
persons or entities, of the fee simple title to any Lot,
excluding, however, all sellers under recorded contracts
for deed, and including in place thereof purchasers under
the most recently recorded of such contracts for deed.
>1119
•
g. "Developer" shall mean the Original Developer, its suc-
cessors and assigns, if such successor or assign shall
acquire all Lots owned by Developer on the date of such
acquisition.
[h. "Limited Common Areas" shall mean
I ARTICLE It
PROPERTY SIJ&IEC•f TO THIS DECLARATION
AND ADDITIONS THERETO
Section I. Property Sub1ect to this Declaration. The Existing
Property shall be held, transferred, sold, conveyed, and occupied suhlect
to this Declaration.
Section 2. Addition to Existing Pr2erty. Additional lands may
subjected to this Declaration in the following manner:
a. Additions by Developer. Developer may, on or before the date
set forth in Article ill, Section 3(c) hereof, add to the
Properties additional land adjacent to the Properties (here-
inafter called "Eligible Land"), including land separated
from the Properties by a public road, street or highway,
[which Eligible Land is legally described on Exhibit C
attached hereto and hereby made a part hereof.) However,
Developer shall not he required to add any or all of sold
Eligible Land to the Properties.
b. Other Additions. The record owner of fee simple title to
any Eligible Land who desires to add it to the Properties
and to subject it to the jurisdiction of the Association
may do so in the manner provided in subsection (c) of this
Section 2, after recording a certificate signed by the
Developer or a certificate signed by any 2 officers of the
Association reciting the approval by 2/3 of the votes cast
at a duly called meeting of the members of the Association.
c. Supplem„entary Declaration. The additions nuthorized under
subsections a and b hereof shall he made by filing of record
a Supplementary Declaration with respect to the additional
land, which shall extend the Covenants to such land. Such
Supplementary Declaration may contain such additions to and
modifications of the Covenants as are not inconsistent with
-3-
the intent and purposes of this Declaration. In no event,
however, shall such Supplementary Declaration revoke, modify
or add to the Covenants established by this Declaration for
the Existing Property.
ARTICLE III
MEMBE.RSHIP, VOTING RIGHTS,
DEVELOPER CONTROL
Section 1. Membership. Every Owner shall be a member of the
Association.
Section 2. Voting Rights. Only one vote may be cast with respect
to each Lot. When there is more than one Owner of any Lot, the vote for
such Lot shall be exercised as said Owners, among themselves, determine,
and in accordance with the Association By-Laws.
Section 3. Developer Control. Developer shall have the power to
appoint, remove, and replace the Directors of the Association until the first
meeting of the members held after the earliest of the following dates (here-
inafter called "Control Date"):
a. Except for a sale of all Lots owned by Developer to a
successor Developer, Developer has conveyed X of all
Lots then included within the Properties;
b. Developer has elected to terminate its control over the
Association by written notice to the Association; or
c. , 19
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON ARIA
Section 1. Easements. Subject to the provisions of Section 3
of this Article 1V, each of the Owners shall have a non-exclusive easement
appurtenant to his Lot over, under and upon all of the Common Area for the
following purposes:
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a. Ingress to and egress from each Lot from and to public
streets,
b. Utility, water and sanitary sewer facilities.
c. Parking spaces.
d. Any eaves, walls, fireplaces, roof overhangs, balconies,
decks, air conditioning units, or architectural adornments
of any Living Unit to the extent they encroach upon the
Common Area, which easement shall continue for so long
as such encroachment exists.
e. The maintenance and repair of Living Units.
f. Subject to the easements created in subsections a, b, c,
d and e above, a right of enjoyment and a right of use for
recreational purposes.
The Association may from time to time reasonably limit the location
of the easements created for the purposes set forth in subsections (a), (b) •
and (c) hereof.
Section 2. Title to Common Area [Recreational Improvement by
Developer". The Developer may retain the legal title to the Common Area,
but Developer hereby covenants for itself, its successors and assigns,
that it shall record a conveyance of the Common Area to the Association
not later than . [Developer shall improve the Common
Area, at its expense in locations selected by it and pursuant to its plans
and specifications, with
1•
Section 3. Extent of Owners Easements. The rights and easements
created in Section 1 of this Article and the title of the Association to
The Common Area shall he subject to the following:
a. The right of the Association, in accordance with its
Articles and By-Laws, to borrow for the purpose of
improving the Common Area, and in aid thereof to mort-
gage the Common Area. The rights of any mortgagee of
the Common Area shall be subordinate to the Covenants
and all amendments thereof.
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h. The right of the Association to impose limitations under
Section 1 of this Article.
c. The right of the Association to establish uniform rules
and regulations for the use of the Common Area and the
personal conduct of Owners and their family members,
tenants and guests thereon.
d. The right of the Association, as provided in its Articles
and By-Laws, to suspend the voting rights of any Owner and
the rights and easements of any Owner and that Owner's family
members, tenants and guests created by subsection (f) of
Section 1 of this Article, for any period during which
any assessment remains unpaid; and to suspend said rights
and easements for any period not to exceed 30 days, to
impose a reasonable fine as established from time to time by
the rules and regulations of the Association for each
infraction of its published rules and regulations, and to
enjoin any infraction or attempted infraction thereunder.
e. The rights of any municipality, public agency, authority
or utility pursuant to any dedication or grant for the
purposes set forth in subsections a and b of Section 1 of •
this Article existing prior to the transfer of title to
the Common Area to the Association.
f. The right of the Association to dedicate or transfer all
or any part of the Common Area if approved hy at least
3/4 of the votes at a duly called meeting of the members
and, if prior to the Control Date, by the Developer.
Notice of such meeting shall be given, and the required
quorum shall be determined, as provided in Article V of
this Declaration.
g. The right of the Association to charge reasonable admis-
sion and other fees for the use of any facilities upon
the Common Area.
Section 4. Use by Family Members LTenants and Guests. Any
Owner may from time to time extend to his family members, tenants and guests
the right to use and enjoy the easements created hy Section 1 of this Ar-
•
ticle, and may withdraw the same.
Section 5. Limitation on Use of Common Areas. Except as herein pro-
vided, no Owner shall obstruct or interfere with the rights and easements of
other Owners in the Common Area, and nothing shall be planted, altered or
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constructed upon or removed from the Common Area by au Owner, unless with
the prior written consent of the Association. If an Owner shall violate
this section, the Association may restore the Common Area to its prior condition
and may assess the cost of such restoration against said Owner. Any such
assessment shall be due and payable upon demand and shall be a lien upon
the Lot of said Owner from the date of assessment. The Association shall
have the same rights and powers to collect such assessments as are provided
in Article V hereof for the collection of delinquent annual assessments.
If an Owner interferes with a right or easement of another Owner in the
use of the Common Area, except as herein provided, the Association or the
Owner may commence an action to enjoin such interference and the prevailing
party in such action shall be entitled to recover such reasonable attorneys'
fees as the court may allow together with all necessary costs and disbursements
incurred in connection therewith.
[Section 6. Limited Common Areas. The Association may also estab-
lish uniform rules and regulations for the use of the Limited Common Areas
and the personal conduct of owners and their family members, tenants and
guests thereon.I
ARTICLE V
COVENANTS FOR ASSESSMENTS
Section I. Creation of the Lien and Personal Obligation. Each
Owner covenants and agrees to pay to the Association the assessments imposed
pursuant hereto. Each such assessment, together with all costs of collec-
tion thereof, including reasonable attorneys' fees, and together with inter-
est thereon, as hereinafter provided, shall he a continuing lien on each
Lot assessed from the date hereinafter provided. Each such assessment or,
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in the event of an assessment payable in installments, each Installment
thereof, together with costs of collection and interest, shall become the
Joint and several obligation of the Owners of such Lot at the time such
assessment or such installment becomes payable. No Owner may avoid liability
for assessments by non-use of the Common Area or abandonment of his Lot.
Section 2. Purpose. Assessments shall be for the purpose of
promoting the recreation, health, safety and welfare of the residents of
Living Units, for the painting, maintenance and repair authorized by Article
IX hereof, and for the improvement and maintenance of the Common Area and
improvements and facilities located on the Common Area and devoted to
such purposes, including, but not limited to, the payment of utilities,
taxes and special assessments, if any, premiums for hazard and liability
and other insurance thereon, repair, replacement and additions thereto,
creation of reasonable contingency and working capital reserves, the cost
of labor, equipment and materials therefor, and reasonable fees for manage-
ment and supervision thereof, both during the time the Common Area is owned
by Developer and during the time it is owned by the Association. Assess-
ments shall also be made for hazard insurance maintained by the Association
on all buildings upon the Properties pursuant to Article VI hereof and the
deductible amount not covered by such insurance. Assessments shall also
Include the cost of maintenance pursuant to Sections I and 2 of Article
IX hereof. 'However, no assessments shall be made for the construction
of any improvements or facilities to be placed on the Common Area by Developer
pursuant to Section 2 of Article IV hereof.1
Section 3. Annual Assessment. The amount of the annual assess-
ment shall be determined by the Board of Directors of the Association (here-
I
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•
inafter called "Board"). Until January let of the year immediately following
the conveyance by Developer of legal or equitable title to the first Lot to
an Owner, the maximum annual assessment shall be $ per Lot.
From and after January 1st of the year immediately following said conveyance
by Developer, the maximum annual assessment may be increased each year,
but not more than % above the maximum annual assessment for the previous
year; provided, however, that (i) said maximum annual assessment may be
increased by the Association by an amount in excess of said % with the
approval of at least 2/1
of the votes cast at a duly called meeting of members,
and (ii) the Developer, prior to the Control Date, may require the Association,
by written demand, to increase the maximum annual assessment to equal the
actual costs incurred or reasonably anticipated to be incurred for the purposes
set out in Section 2 of this Article V.
After the Control Date, the restriction on increases of the annual
assessment shall cease, and the annual assessment shall be set by the Board
as hereinafter provided. The Board may prospectively change any previously
established annual assessment at any time, with the approval of at least 2/3
of the votes cast at a duly called meeting of members.
The annual assessment against each Lot owned by the Developer
containing a substantially completed, unoccupied Living Unit shall he 1/2
of the annual assessment. There shall be no annual assessment against a Lot
until a Living Unit is substantially completed thereon. For purposes hereof,
a living Unit owned by Developer shall not be deemed occupied unless it
is used as a residence by one or more persons with the permission of Developer.
Section 4. Notice of Meeting and Quorum. Written notice of any
meeting provided [or in Section 3 hereof shall be sent to all members at leant
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30 days in advance and shall set forth the purpose of the meeting. The presence
of members entitled to cast 601 of the votes of the Association shall consti-
tute a quorum. if the required quorum is not present at any meeting, another
meeting may be called in the same manner and the quorum required at any
subsequent meeting shall be 1/2 of the quorum required at the preceding
meeting, provided that no such subsequent meeting shall be held more than
40 days following the preceding meeting.
Section 5. Date of Commencement of Annual Assessments. The first
annual assessment shall commence on the first day of the calendar month
selected by the Board, shall be in an amount which bears the same relationship
to the annual assessment as the remaining number of months in the calendar
year bears to 12, and shall be payable in equal monthly installments on
the first day of each month for the balance of the calendar year. The assess-
ment for each year after the first year shall be payable in 12 equal monthly
installments commencing on the first day of January and continuing on the
first day of each month.
The annual assessment shall be a continuing lien on each Lot •
assessed from the date of commencement thereof.
When any Lot becomes eligible for a full or partial annual assessment
as herein provided, said annual assessment shall become payable in equal monthly
installments commencing on the first day of the calendar month following
the beginning of such eligibility and shall be in an amount which bears the
same relationship to the annual assessment for the then current calendar year
as the remaining number of months in such calendar year bears to 12. The
first assessment imposed against any Eligible Land added to the Properties
shall commence on the first day of the calendar month following the month
-10-
{
during which it was added to the Properties and shall be calculated and
shall be payable in the same manner as the first annual assessment against
the Existing Properties.
Section 6. Special Assessments for Capital Improvements. The
Board also may levy a special assessment for the purpose of defraying in
whole or in part the cost of any construction or reconstruction, or the
costs of any unexpected repair or replacement of improvements upon the
Common Area, including the necessary fixtures and personal property related
thereto, provided that any such assessments shall have received the assent
of 2/3 of the votes cast at a duly called meeting of the members held in the
manner set forth in Section 4 hereof.
Assessments imposed pursuant to this Section 6, together with
all costs of collection thereof, including reasonable attorneys' fees and
interest thereon, shall be a continuing lien on each Lot from the date of
the meeting assenting to the same, shall be payable in installments or in
a lump sum, as determined by the Board at or subsequent to said meeting,
and shall be assessed equally against each Lot, whether a substantially com-
pleted or occupied Living Unit is located thereon or not.
Section 7. Assessment of Cost. The cost of any painting, mainte-
nance and repair accomplished pursuant to Article IX, Section 2 hereof, shall
be assessed against the Lot upon which such painting, maintenance and repair
is performed, shall be added to and become a part of the current annual assess-
ment against that Lot and shall be paid in a manner determined by the Board.
Section 8. Insurance Assessment. In the event the Association
elects to secure a blanket or master policy of insurance pursuant to Article
V1, Section 3, hereof, at the election of the Board. the premium for said
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;
blanket or master policy may (a) he paid by the Association and a prorata
amount of such premium based on the ratio the amount of each Owner's coverage
bears to the total coverage shall be assessed against such Owner's Lot or
(b) be paid by each Owner based on the amount of such Owner's coverage; provided,
however, that if any Owner becomes delinquent in such payment, the Association
shall make such payment on behalf of such Owner, and the amount of such payment
•
shall be assessed against such Owner's Lot.
Assessments imposed pursuant to this Section 8, together with
all costs of collection thereof, including reasonable attorneys' fees and
interest thereon, shall be a lien on the Lot against which the assessment
is made from the date any such premium payment is made by the Association
and shall he payable in installments or in a lump sum, as determined by the
Board.
Section 9. Duties of the Board. After the first annual assess-
ment against each Lot, the Board shall fix the amount of the annual assess-
ment against each Lot at least 30 days in advance of the date of commence-
ment and shall at that time prepare a roster of the lots and the assessments
applicable thereto which shall be kept in the office of the Association and
shall be open to inspection by any Owner. Written notice of the assessment
shall be sent to every Owner at least 20 days prior to the date of commence-
ment, but a failure to give such notice shail not invalidate the assessment.
The Board of Directors shall upon written demand furnish to any
Owner a written certificate signed by an officer of the Association setting
forth any delinquent installments of assessments against that Owner's Lot.
Such certificate shall he conclusive evidence of payment of any delinquent
installment of assessments not set forth therein.
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Section 10. Effect of Non-Payment of Assessments and Remedies of
Association. If any assessment or installment thereof is not paid on or within 11111111
10 days after the date when payable, then, at the option of the Board, the
entire unpaid balance of all assessments shall become due and payable immediately
and shall bear interest from the date when payable at the rate of 8X per
annum. In such event the Association may bring an action against the Owner
obligated to pay the same, or to foreclose the lien in the same manner as a
foreclosure by action of a mortgage on real property, and interest, costs
and reasonable attorneys' fees of any such action shall be added to the amount
of such assessment due from such Owner.
Section 11. Subordination of Lien to Mortgages. The lien of the
assessments shall be subordinate to the lien of any first mortgage now or
hereafter placed upon any Lot, if such mortgage is filed in the office of
the Register of Deeds or Registrar of Titles of the County in which the
Properties are situated, whichever is appropriate, before the filing in
such appropriate office of a notice of delinquency or a notice of lis pendens
of any suit provided for in Section 10 hereof; provided, however, that such
subordination shall apply only to the installments of assessments which
have become payable prior to the expiration of the period of redemption
from any mortgage foreclosure sale or prior to the transfer of title by
any other means in lieu of foreclosure.
ARTICLE VI
COVENANTS FOR INSURANCE
Section 1. Maintenance of Insurance. Each Owner shall obtain
and maintain in force at all times, a policy of fire, extended coverage,
vandalism and malicious mischief insurance, with all risk endorsement,
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for at least the full insurable replacement cost of all improvements
located upon such Owner's Lot [but, if elected by such Owner, with not less
than an 80% co-insurance clause,] [with a deductible amount determined
by the Board,) and issued by a reputable insurance company or companies
authorized to do business in the State of Minnesota. The insurance policy
shall name the Association as the insured, as trustee for such Owner, and
may contain a standard mortgage clause in favor of the first mortgagee of
record of such Owner's Lot. Such policy shall provide that it cannot
be cancelled or substantially modified without at least 10 days' prior
written notice to the Association, such Owner and the first mortgagee
of record of such Owner's Lot.
Section 2. Additional Insurance. Each Owner may obtain additional
insurance at his own expense for his own benefit; provided, however, that the
liability of the carriers issuing insurance naming the Association as the
insured, as trustee, shall not be affected or diminished by reason of any
insurance carried by an Owner. Insurance coverage on the furnishings and other
items of personal property belonging to an Owner and casualty and personal
public liability insurance coverage shall be the responsibility of each Owner.
Section 3. Blanket or Master Policy. Notwithstanding any
other provision of this Article VI, in the event the Association elects
to secure a blanket or master policy which provides the insurance described
in Section 1 hereof, each Owner hereby agrees to be covered by said blanket
or master policy. Said blanket or master policy shall (a) be in an amount
at least equal to the full replacement cost of all improvements located
on the Lots [with a deductible amount to be determined by the Board] [hut,
if elected by the Board, may contain not less than an 80% co-insurance clause),
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(b) nnra the Association as the insured, as trustee for all Owners, (c) contain
a standard mortgage clause in favor of the first mortgagee of record of each
Owner's Lot, (d) contain a breakdown of the amount of each C ner'a coverage,
(c) provide that such policy cannot be cancelled or substantially modified
without at least 10 dnyo' prior written notice to the Association, each Owner
and each first mortgagee of record and (f) be ioauod by a reputable insurance
company or companies authorized to do buaineoa in the State of Minnesota.
(lane deductible amount shall be paid by the Association in case of loss and
may be recouped by a special asseaument or an increase in the next annual
esseasment).
Section 4. Asnociation as Trustee. Each Owner, upon becoming
an Owner, shall be deemed to have constituted and appointed, and duce
hereby so constitute and appoint, the Association as his true and lawful
trustee to act in accordance with, and pursuant to, thin Article Vi.
Each Owner does further hereby agree, without limiting the gcncrality of
the foregoing, and each o•.ortgagee, upon becoming a mortgages of a Lot does
hereby agree, that the Association, as trustee, shall have full power and
authority, in addition to the peyote above given, to collect the insurance
proceeds and to use and distribute the same pursuant and subject to the
applicable provisions hereof and to execute all docnments.end do all things
on behalf of each Unner and msrtC.Cee and the Aaneciation as shall be necessary
or convenient to the ecconn,liaiur et of the foregoing.
Section 5. A ltItt.on of insurance free/Ital. All insurance
proceeds payable to the Ansociation, as trustee, and to any mortgagee
or mortgagees, under and pursuant to an insurance policy or policies pur-
chased and maintained as required by this Article, shall be applied and
administered as follows:
a. All insurance proceeds paid to the Association and to any
mortgagee or mortgagees shall be deposited by said Associa-
tion and mortgagees in escrow with a title Insurance company
•
authorized to do business in Minnesota and selected by the
Association for payment and distribution as hereinafter
provided.
•
b. In the event of an insured loss to any improvement upon
a Lot, the Owner of such Lot, within 30 days after
the insurance proceeds are deposited with a title insurance
company in accordance with subsection (a) above, shall enter
into a firm contract with a qualified builder providing
for the restoration of the damaged or destroyed improvement
to substantially the same condition as existed immediately
prior to the insured loss; provided, however, that no contract
shall be entered into by such Owner for an amount in excess
of the insurance proceeds then held by the title insurance
company until additional funds sufficient to cover all con-
struction costs, as determined by the title insurance company,
are deposited in escrow with the title insurance company
by such Owner. Said restoration shall be commenced and
completed with due diligence and in no event shall said
contract provide for a completion date later than 180 days
after execution of said contract. The Association and
mortgagees of record of the damaged or destroyed improvement
shall have the right, but not the obligation, to deposit
such additional funds in excess of insurance proceeds as
may be required to permit restoration as herein provided.
The Association shall have no liability of any kind to the
Owner or any mortgagee of the damaged or destroyed improvement
for acting or failing to act under this subsection (b) including,
hut nut limited to, liability for interest on the insurance
proceeds.
c. In the event the Owner fails to enter into a contract a9
provided in subsection (b) above, or in the event that restora-
tion is not commenced or completed as provided above, then
the Association, or the first mortgagee of record of the
damaged or destroyed improvement, with the consent of the
Association, shall have the right, but not the obligation,
to enter into those contracts which it deems necessary to
complete said restoration, and the Association or said mort-
gagee shall have the right to have the funds deposited in
escrow pursuant to subsections (a) and (h) above applied in satis-
faction of any obligations incurred pursuant to said contracts,
without liability of any kind, including, but not limited
to, liability for interest on said deposited funds.
d. Disbursement of funds deposited in escrow pursuant to sub-
sections (a) and (b) above, for contracts for restoration
-16-
•
entered into trader nuhs.ctiona (b) or (e) rho•re, rlrnll
be mere 1•y the title lnaurnnco co:pnny rrlccted el
herclnnbove provided, subject to the receipt by the
title innurnuce company of all of the following:
1. A written content of the first rortgagec of record of
Lilo damaged or deotroycd in?rovenaut, or of a peroon
duly appointed by said mortgagee.
2. Such s,:orn construction ctatcr nntn, fiats of subccntractora,
lien weivati and receipts 03 it shall determine to be
appropriate.
3. A written consent of the Association to cold payment
or poyrrnts.
DJ.:u,tr::' •nt' any be by periodic or progress pa:'mc.hts
sad the title ir•nrreace cer?rny n y m^kc ;'.:eh inspections
mud r ►thhnld such p:yrents as it deer' uneesslry to inm•re
co-aletlna In compliance with the prorintons hcrnef. The
title tn-nrrnneo eor!'eny r:hnll be entitled to charge!. end
the Au^octntion shall be a;rpo:rcred to pay, a reasonable
frn for the services rendered by the title in::ur;nce
cog•::uiny, end ouch fire chr.1l he paid from the ftmdir held
by the title inourance company pursuant hereto.
e. In the cv nt thr-.t, within 180 deyo after d"nnslt of Jre:urenee
pre,ccd9 with the title insurance car,r_ny 1n areerdmtce
Pith par.greph (a) above, a contract in, for ray reason,
not entered into purrucnt to thn provisions of r.tb^ectiona
(b) or (c) above, oaid ttt1 ineur^nce comurny
dleburae crtd tnterance preenerh to each rrrtranne
of record of the d,m tld or dn-:ttuycd i:ap;.orovInto
for vetch oaid insurrnee proer-d: were pair) ra ttheir
interente trey :opcer end dirburne the revaluing
1f any, to th- Moms of n.td dama'ed or destroyed irprove-
tr-ntn ea their interests may appear.
f. Nothing ccnr,niucd in this neetlon 5 shall be ennetre"d to
v-%n the Aaaoctltlon, the Board, the c':rrr•.-a or t•hc rorzg,nee
or r•rrtJ.•"^ea or record, if ray, re"p.on"ible for cel.lectiuu
or ornr•tjlu.'(Ir•t of :•cp in,nrrace preer,.,l,; the ,..eoet't►rn,
the R.rrd, O,•.• :•trl r•rrrrn-.--s, 1r11, renl•oo-thl' rolely
fur ti" In rtu i t pr rr:•rd •;t lrh cur into th elr r•'pr_et the
pn'i'rn:ulon. I::r::h O.:nnt shall a': hi: bent efforvn to collect
or c»e•te: Lu br collereterl r;lh^ inaur:^nee prncr•.I:h f:net the
lnnurmrce carrier lnvnlv•d to be epplied snot administered
purc:u'at to this Section 5, and if eny O:;ner falls to proceed
promptly to collect, or if coy Omer failn to collect,
such proceeds, the Association or any mortgagee of the
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damir••d or deetrnycd 1w)rovrc'^nta say attcc;,t to collect
the n•sr^. Tin. Asnecistioe r d all C-o ra ;:al cart^a; c,;
of the dnn.gcd or destroyed innrov.:r nts ch;:ll eaeiet and
cooperate with one another in such collection.
3. Uhcoever in this Section 5 the ;;pprovrl or ecaeent of my
pert./ or person is required or perrsitted, such approval
or consent shall not unreasonably be withheld or delayed.
Section 6. In.nrrncc Provioiena. All insurance policies obtained
and maintained under Sectiono 1 and 3 hereof shall provide that the
issuer thereof waives all rights of recovery against the Aoaociation and
all Owners, their respective families, gecats, tenant., officer°, agents,
employeeo, invitees and others who are en the Properties with the Aneocintiou'a
or an Owner's conoeut, whether by oubrocation or other,ioe, end that•ouch
insurance ohnll not be invalidated by any act or neglect of the Association
or an Owner, nor by failure to comply with any proceeding. or noticcn thereof
relating to the Properties or any interest therein, nor by may change it
the title to the Properties or any interest therein, [nor by occupation
or use of the Properties, or nay part thereof, for purposes csre hazardous
than arc permitted by ouch policy or policies.] Such policies rhall not
contain a provision relieving the leaver thereof of liability for any lose
by reason of the cEletence of other policies of insurance covering the
Properties, or any part thereof.
ARTICLE VII
Section 1. C!T:tiara of inner nt_for Pa yt v .•:a1A. Il:t part of
each wall which in part of the construction of any Living Uuit and uhich
is need as a wall in eonnactiou with the construction of any other Living
Unit. shall be a party wall.
1
•n.
•
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• i
Section 2. U.ala:.ennnce and rnstorntlen. the cost of repair and
maintenance of a party wall necessitated by ordiunry wear and tear shall be
paid equally by the Oi:nera who nro using the party wall at the time of
completion of such repair and maintenance. If a party wall is dc:ntroycd
or damaged by any camas, any Owner who has use for the wall any restore it,
and if any other Ownero thereafter make use of the wall, they shall reimburse
the then Owner of the Lot which wan owned by the Owner who paid for ouch
rcatorntion for the coat of restoration in pro?ertion to such enc. together
with interest on such proportionate share at the rate of 8% per annum from
the date of completion of such restoration. Nothing herein contained shall
prejudice the conwon law or statutory rights of any Owner to recover from
Any other Owners for negligent or willful acts or omiaaiono.
Section 4. Weatherproofing,. Notwithstanding may other provisions
of this Article, any Owner, who, by negligent or willful act, causes the
party wall to be exposed to the elementa shall bear the whole coot of
furnishing the necessary protection against such elceenta.
Section 5. Lien Rights. Any Owner who claim, a right to contri-
bution or reimburwen::ut for repair, maintenance, restoration or protection
of a party wall shall have a lien on all Lots benefited by ouch repair,
maintenance, rcatorntion or protection from and after the filing of record
of a Notice of Lie rcndcain deacribinr said claim and paid Lotn; previdad,
ho'nvcr, that no such li.'a :hall ha eff•'ctive against any bona fide p urchaenr
or licuor for vale, of any such benefited Lot who records hin conveyance or the
docum:ant evldencin; bin lien prior to the filing of chid Notice of Lis rendcna.
Ma lien created by this Section 5 may be foreclosed in a like manner as a
foreclosure by action of a mortgage on real property.
_In-
AICi1CLG VILI
L'IiVL°0;I;P.ii1f."L C')iffb:)L
No building, fence, wall or other structure shall be conceited,
erected or maintained upon the properties, nor shall any eterior addition
or alteration be made, until the plans and specifica4iona showing the nature,
kind, shape, height, matcriala, color and location of the same shall have
been submitted to, and approved in writing an to harmony of external design
and location in relation to ourrotndiag structures and topography by, the
Doard or by as Cnvira,tn alai Con...tlttce composed of 3 or more persona. who aced
not be ushers of the Aaaociation, appointed by the board, who shall servo
at the pleasure of the Board. No improvement or structure of any kind
shall be painted, decorated or colored iu any way on the exterior without
prior written approval of the Board or said Environmental Committee. No
trees shall be plaited on the Properties, nor shall any plants be planted
upon the Comas Area, nor shall any sculptures, works of art or ornamental
lighting be placed outside of any Living Unit or on a Lot without prior
written approval of the Board or said Environmental ComMittee. In the
• event said Board or the L'nvironm:ntnl Committee fails to approve or die-
approve ouch design aad location. or such painting, decorating or coloring,
or ouch trace, pinata, sculptures, works of art or liLatlr.,g„ within 30 ;!: a
after said plans Led t.pccificatieas, or information on such painting, decorating
or coloring, or such trcca, p Leah::, sculptures, works of art o_ liihting,
have been submitted to it, approval will not be required. and dtie Article
will be deemed to have beta fully cor.;tlied with.
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4
AC.rICLE IA
MAII ITEUAMCE
Section 1. Maintenance of Cur'an A:ca. The .1cuo_lation shall
maintain the Common Area and the facilitica located therec.i .::a, when and
to the extent that the Board derma it ncceaaary or dcsir:hie.
Section 2. Additional Maintenance. The Association shall paint
and maintain the exterior wall surfacca. and maintain and repair the roof,
of each Living Unit when and to rho extent the Board deems it necesoary
or deoirablo.
The Aasociation also may maintain and repair (a) the exterior of
any and all improveccnta and utructurea on any Lot, including, but not
limited to, sidcwalka, driveways, fences, windows and glass and (b) any
acwage, plumbing, heating, air conditioning and electrical system Within
any structure upon Wry Lot, as, when and to the extent the Board decnn it
nccesaary or dooirablo.
Section 3. Aeons. For the purpose of performing the painting,
maintenance and repaira authorized by thin Article, the Association, through
its duly authorized agenta or eo,loyeco, ahall have the right, after reason-
able notice to the Urnar, to enter upon any Lot or Living Unit [or Limited
Common Areas] at reasonable hours[; aad the Association, through its duly •
authorized agentu or e,ployeco, may eater upon :any Lot, or Limited Cos.v..at
Areas, without notice, at rr:rlea:0On hour': on vty day, for Such painting,
repair and raintcnmtce of the Limited Corw..nt Areas.]
Section 4. Li 't'bey Accra. The Association, through its duly
authorized agents or ccploycca, shall have the right at any time without
notice to enter upon any Lot or Living Unit [or Limitod Cumaon Areas] to
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accomplish emergency repair or talintenance.
ARTICLE X
FARROWS U!'Cn LOTS
The title of cash Omer in and to his Lot chill he oubJect to en
em°em=nt for any wall of a Living Unit, including but not limited to a party
wall, located on an adjoining Lot and for any caves, fircfiecca, rcofovcr-
V
hangs, balccnica, dean, utility inotailationo, air conditioning whita or ray
architectural adonarrnto of a Living Unit, to the extent they cuero,eh upon
his Lot, and each C:an:r Mall ho•:e an appurtenant caccrnit for any wall of
his Living Unit, including but not limited to a party wall, and for rsy
eaves, fireplaces, roofovo Mango, balconies, decks, utility ice tallntionn,
air conditioning units or any architectural adornments of his Living Unit, to
the extent Choy encroach upcn adjoining Lots, all of which casement° shall
continue for oo long se such cncroachvents exist.
ARTICLE XI
ADDITIONAL REFTRICTIONS
Section 1. No Lot shall be used for othax then reaidcntiel purponre,
except that the Developer shall be entitled to maintain modal Living Unita
upon Lots which it sane.
Section 2. No animas, birds, poultay or fc.:l of my k!nd shall
be raised, bred or {u.pt on euy Lot, c:.apt the t clogs, cats r.hd of eer hoe:^hrld
rota o y be kept, provided they arc not k'pt, bred or r..t.'.ntaincd for any
commercial purposco, and prorldod further that such kcopirg dean not violate
any rule or regulation adopted by the Anaociation.
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Section 3. tie cign of any kind shall be dtoplayed to the pt,•blic y!,r..•,
on cny Lot, except that a "Far Sale" sign m^y be displayed, provided that
it is is ouch form no the Board or Environmental Con-ittce r.-.y r..,quire,
except that the Developer ohall be permitted to erect cad maintain upon iota
which it mma, and upon such parts of the Common Arca ai de%a not vnrensonabty
interfere with the use thereof, ouch signs no it deem: appropriate to advertise
the Proportion until the Developer has conveyed the last Lot therein.
Section 4. No noxioua or offensive actiyitica shall be carried on
upon any Lot nor °hail anything bo dune thereon which may be or arty become
an annoyance or nutrance to other Owners.
Section 5. Garbage, rubbish and trash ohall not be kept on any
Lot except in oanit.nry container°. All incinerators or ocher equipment tr•d
or kept for the storage or disposal of such material obeli be kept in a clean
and sanitary condition.
Section 6. No structure of a temporary character, trailer, tent,
shnck, barn or other building shall be erected or kept on any Lot or the
Common Area, either temporarily or permanently.
Section 7. No television or radio antenna shall be erected or
maintained upon any Lot, except that a televiai.oa antenna of rocoonablo
site may be placed cn the roof of a Living Unit.
Section D. All cportinp equips.-ant, tcla, oattiunr ceding equlp-
alai (except prrr'--t-tut 1nn..i11.ttlrrtut), clotiat'r: lion,, end oth^r equtpr.•at
and oupplieo n-cc'eary or ceuvcnlent to rcoidentinl ltvhag chrtll be enclosed
or screened from 'act/ in n mintier approved by the Board or. the Environmultel
Committee. The storage or collection of rubbish of any character whatsoever,
any material that omits foul or obnoxious odors, the growing of any noxious
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weed or other natural substances, and the hnrborinC of the sou-:cc of :ny
noise or activity which disturbs the pence, comfort or met:pity of the
Owners is prohibited.
Section 9. The restrictions created by this Article my be supple-
merited by the Asoociation through duly enacted rules and regulntion3, provided.
however, that no such rule or regulation may unreasonably interfere with an
Owner's right to the use and enjoyment of a Lot.
ARTICLE XII
t:':1A:RAL r ovis10145
Section 1. Duration. The Covenant(' shall run with the Properties
and ohall inure to the benefit of and be enforceable by the Association
or any saner, their reap.•ctive executors, administrators, poroonai repro-
sontativeo, haira. Successors and assigns, for a period of 30 years from the
date this Declaration io recorded, after which time the Covcnnnto shall auto-'
matieally be renewed for ouccenaive periods of 10 years.
Section 2. Anrmdm^nts. The Covenants may be amended by en
instrument signed by the Owners of et leant 2/3 of the Leto mad by 2/3
of all institutional first msrtgagcon and, if prior to the Control Date,
signed by the Developer. For purponea of this Section 2 as institutional
first mortgagee shall be any stnto or national bank. federal oavings and
loan association, or insurance company Authorized to do buninc:a in Illnne-
sota, holding n flint wortgn;e oa any Lot. Such am^ndr ,it (hall be effective
upon the recording thereof in the arse office in which this Declaration is
recorded.
Section 3. Notices. My notice required to be sent to any Owner
under the provinions of this Declaration, shall be deemed to have been
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•
•
properly scut when railed postpaid to the addreco of the Living Unit uansd I, i '•
by such Owner or to ouch other addreao on ouch Owner ray have dcriCnated
•
to the Asoociation in writing.
Section 4. Enforc^.n^nt. Enforcement of the Co:•cnonta shall be
by a proceeding at law or in equity. Failure by the Ascocintion or an O.-ner
to enforce any of the Covonento ohall not be deomrd a waiver of the right
to do so thereafter.
Section 5. S v4.rrbillti, If any section, subsection. elnuac,
phrase, sentence or ward of thin Declaration, for any reason, is held to be
invalid or unenforceable es to any person or circuratanco, the application
of ouch oection. subsection, clause, phreae. nontenco or word to persona or
circumstances other than those as to which it °hall be held invalid or
unenforceable ohall not be affected thcroby, and all provioiono hereof, in
all other respects, shell rcrsin valid and enforceable.
Section 6. Dindinr,, Effect of P_c1.ar.•tion, Blr-I,r:+rend Artil•7.rs.
Each Owner. upon becoming en Odner, shall be bound by and be decr•sd to have
agreed Co, the term.: sad proviaiono of th^se Covenants end the Articles of
Incor
poration and by-L:a:s of the Af:aoclation, said Articles of Incorporation
and Dy-Lawn being incorporated herein by reference. Words of any gender
used herein shall include. othnr Cruder.
IN TESTINO;iY hPIEREO:, Original Da.:eloper has carted thcao
presents to be c::ccuted the thy gad y,•sr fit::t above written.
Its And
Ito
'. (Corporate Seal)
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STATE OF 1a 11ESOTA •
/ . f
COUNTY OF IIL`UJEL'IH / I
The forcaoing inntruc:ut and ac'.'.noaled;,U t ioio x•_ thin
day of . ]97_. by
and the
and . respectively. of
I a corporation, on bphnlf
of the corporation. •
•
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BYLt S
OF
ARTICLE I
OFFICERS, CORPORATE SEAL
Section 1. The name of the corporation is
Association.
Section 2. Registered office. The registered office of the
Association in Minnesota shall be that set forth in the Articles of In-
corporation or in the most recent amendment of the Articles of Incorpo-
ration or resolution of the Board of Directors filed with the Secretary of
ti
State of Minnesota changing the registered office.
Section 3. Other Offices. The Association may have such other
offices, within or without the State of Minnesota, as the Board of Directors
shall from time to time determine.
Section 4. Corporate Seal. The Association shall not have a
seal.
ARTICLE II
DEFINITIONS
Section 1. "Properties" shall mean the real property'in
County, Minnesota, described as follows:
and such additions thereto as may hereafter be brought within the juris-
diction of the Association.
Sectwon 2. "Association" shall mean and refer to
Association, a Minnesota nonprofit corporation, its successors and
assigns.
Section 3. "Common Properties" shall mean all real property
within the Properties designated in the Declaration for the common use and
enjoyment of the Owners.
•
Section 4. "Living Unit" shall mean any portion of a building
situated upon the Properties designated and intended for use and occupancy
as a residence by a single family, including any improvement designated and
intended for use by the occupants of such portion of such building.
Section S. "Lot" shall mean any plot of land shown upon any
recorded subdivision map of the Properties, including those shown upon any
replat or resubdivision of a Lot, with the exception of the Common Properties
as heretofore defined.
Section 6. "Owner" shall mean the record owner, whether one or
more persons or entities, of the fee simple title to any Lot, including both
contract purchasers and contract sellers of record.
Section 7. "Developer" shall mean and refer to
a Minnesota corporation, (" ") and shall also
mean such successive successors and assigns of as shall acquire all of
the Lots owned by • , or its then existing successor or assign, an of the
date of such acquisition: provided, however, anything herein to the contrary
notwithstanding, Developer shall also mean and refer to
, a Minnesota corporation, (" ") once , or its successor or
assign, conveys to it all of the Lots then owned by and upon which a
Living Unit has not then been commenced or completed, and the successors and
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at*
•
•
assigns of who acquire all of the Lots owned by , or its then
•
existing successor or assign, as of the date of such acquisition, and once
, its successors and assigns, becomes the Developer as hereby determined,
•and its successors and assigns shall no longer be the Developer.
Section 8. "Declaration" shall mean the Declaration of Covenants,
Conditions and Restrictions and each Supplementary Declaration of Covenants,
Conditions and Restrictions, that at any time or from time to time is or are
applicable to the Properties, as the same may be amended from time to time
as therein and herein provided.
Section 9. "Hembers" shall mean and refer to those persons
entitled to membership as provided in the Declaration.
ARTICLE III
VOTING RIGHTS
Section 1. Classes of Membership. This Association shall have two
classes of voting membership;
Class A. Class A members shall be the members of this corporation
as defined in the Articles with the exception of the Developer. Class
A members shall he entitled to one vote for each Lot in which they hold
the interest required for membership. When more than one person holds
such interest in any Lot, all such persons shall be members and the vote
for such Lot shall he exercised, as they, among themselves, determine,
and according to these Bylat:s, but in no event shall more than one vote
be cast with respect to any Lot.
Class B. The Developer shall be the sole. Class R member. The
Class R member shall he entitled to one hundred fifty (150) votes
in the Association. The Class R membership shall cease and termi—
nate upon the happening of either of the following events, which—
ever first occurs:
(i) When there are 135 or more Class A members; or
(ii) On January 1, 19 .
From and after the happening', of either of these events, whichever
first occurs, the Class R member shall be deemed to be a Class A
member, if then an Owner, entitled to one vote for each Lot (as
provided [or Class A members) in which it holds the interest
required for membership.
Section 2. Cumulative Voting. Cumulative voting shall not be
allowed.
ARTICLE IV
MEETING OF MEMBERS
Section 1. Annual tIeetinFs. The first annual meeting of the members
shall be held on the first Saturday in of 19 , and each subsequent
regular annual meeting of the members shall be held on the same day of the
same month of each year thereafter.
• Section 2. Special Meetings. Special meetings of the members
may be called at any time by the president or by the Board of Directors,
or upon written request of the members who are entitled to vote 10% or more
of all of the votes of the Association or upon written request of a majority
of those entitled to vote either class of votes in the Association.
Section 3. Notice of ►feetines. Written notice of each meeting
of the members shall be given by, or at the direction of, the secretary or
person authorized to call the meeting, by mailing a copy of such notice,
postage prepaid, at least thirty (30) days before such meeting to each
member entitled to ,,ote thereat, addressed to the member's address last
appearing on the hooks of the Association, or supplied by such member to
the Association for the purpose of notice. Such notice shall specify the
place within the State of Minnesota, day and hour of the meeting, and, in
the case of a special meeting, the purpose of the meeting.
Section 4. Ouorum and Manner of Acting. The members actually
presentnat a duly called niee tdg of members and entitled to vote at least
ten percent (10%) of the total number of votes shall constitute a quorum for
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any action except as otherwise provided in the Declaration, or these Bylaws.
If, however, a quorum shall not be present or represented at any meeting, the
members entitled to vote thereat shall have the power to adjourn the meeting
from time to time, without notice other than announcement of the meeting,
until a quorum shall be present or be represented, provided that no such
subsequent meeting shall be held more than forty (40) days after the preceding
meeting. A majority of the total votes present, in person or by proxy, at
a meeting duly called and at which a qorum is present shall be the act of
the members, unless a greater number of votes is requi)ed by the Declaration,
these Bylaws or the Articles of Incorporation of the Association.
Section 5. Proxies. At all meetings of members, each member
may vote in person or by proxy. All proxies shall be in writing and filed
with the secretary. No proxy shall extend beyond a period of eleven (11)
months. Every proxy shall be revocable and shall automatically cease upon
conveyance by the member of his Lot or interest therein.
ARTICLE V
BOARD OF DIRECTORS; SELECTION; TERN OF OFFICE
Section 1. Number. The affairs of this Association shall be
managed by a Board of rot more than nine (9), nor less than three (3), who
need not be members of this Association.
Section 2. Term of Office. At the first annual meeting the
members shall elect three (3) directors, one for a term of one (1) year.
one for a term of two (2) years and one for a term of three (3) years; and
at each annual meeting thereafter the members shall elect one (1) director
for a term of three (3) years. The members may elect more than one director
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at any annual meeting after the first one but the total number of directors
shall not exceed nine (9). If the members elect more than the number of
directors whose terms are expiring, one-third of the directors elected in
addition to those whose terms arc expiring shall be elected for one (1)
year, one-third for two (2) years and one-third for three (3) years. If
the number of such additional directors is not evenly divisible by three.
the number of directors equal to the whole number closest to the remainder
shall be elected for one year terms. Thereafter. at each annual meeting the
directors elected to replace those whose terms are expiring shall be elected
for terms of three (3) years. Each director shall serve for his term and
until his successor is elected and shall have qualified, unless he shall
sooner resign. be removed or otherwise disqualified.
Section 3. Removal. Any director may be removed from the Board,
with or without cause, by a majority of the votes of the members of the
Association voting thereon at a duly called meeting of the Association.
Section 4. Vacancies. Any vacancy in the Board caused by death,
resignation, disoualification, removal or any other cause, may be filled by
the remaining directors (though less than a quorum) at any regular or special
meeting, and the new director shall hold such position until the next annual
meeting of voting members and until h'.s successor shall be duly elected and
qualified. unless he shall sooner resign, be removed or otherwise be dis-
qualified, pursuant to these Bylaws.
Section 5. Connensarion. No director shall receive compensation
for any service he may render to the Association. however, any director may
be reimbursed for his actual expenses incurred in the performance of his duties.
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Section 6. Action Taken !'ithout a '?ectiw,.. The directors shall
have the right to take any action in the absence of a meeting which they
could take at a meeting by obtaining the written approval of all the
directors. Any action so approved shall have the same effect as though taken
at a meeting of the directors.
Section 7. Executive Committee. The Board of Directors may
designate two or more of its members to constitute an executive committee.
To the extent determined by the Board, the executive committee shall have
the authority of the Board in the management of the business of the corpo-
ration. The executive committee shall act only in the interval between meetings
of the Board and at all times shall be subject to the control and direction
of the Board.
ARTICLE VI
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. Nomination for election to the Board of
Directors shall be made by a Nominating Committee. Nominations may also be
made from the floor at the annual meeting. The Nominating Committee shall
consist of a Chairman, who shall be a member of the Board of Directors, and
two or more members of the Association. The Nominating Committee shall be
appointed by the Board of Directors prior to each annual meeting of the
members, to serve from the close of such annual meeting until the close of
the next annual meeting and such appointment shall be announced at each
annual meeting. The Nominating Committee shall make as many nominations
for election to the Board of Directors as it shall in its discretion determine,
but not less than the number of vacancies that are to he filled. Such
nominations may be made from among members or non-members.
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ti
Section 2. Election. Election to the Board of Directors shall be
by secret written ballot, which ballot shall describe the vacancies to be
filled and set forth the names of those nominated by the nominating committee
for such vacancy. The written ballot shall contain a space for write-in vote
by the members for each vacancy. Such ballots shall be prepared and mailed
by the Secretary to the members at least fourteen (14) days in advance of
the date set for the annual meeting. At such election the members or their •
proxies may cast, in respect to each vacancy, as many votes as they are
entitled to cast under the provisions of the Declaration and these Bylaws.
The persons receiving the largest number of votes shall be elected.
Cumulative voting is not permitted.
ARTICLE VII
MEETING 07 DIRECTORS
Section 1. Regular Meetines. Regular meetings of the Board of
Directors shall be held from time to time at such time and place within or
without the State of Minnesota as the Board may determine by resolution
adopted by a majority of the whole Board of Directors. Notice of regular
meetings need not he given.
Section 2. Special Teetings; Notice. Special meetings of the Board
of Directors shall be held whenever called by the President or by any two
(2) directors. Notice of each such special meeting shall be mailed to each
director addressed to him at his residence or usual place of business, at
least three (3) days before the day on which the meeting is to be held, or
be delivered personally or by telephone, not later than two (2) days before
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1
the day on which the meeting is to be held. Each such notice shall state
the time and place of the meeting„ but need not state the purposes thereof
except as otherwise herein expressly provided. Notice of any meeting of
the Board need not be given to any director who shall be present at such
meeting; and any meeting of the Board shall be a legal meeting without any
notice thereof having been given, if all of the directors of this Association
then in office shall be present thereat.
Section 3. Quorum and `tanner of Acting. Except as otherwise pro-
vided by statute or by these Bylaws, a majority of the number of directors
shall be required to constitute a quorum for the transaction of business
at any meeting, and the act of a majority of the directors present at any
meeting at which a quorum is present shall be the act of the Board of
Directors. In the absence of a quorum, a majority of the directors present
may adjourn any meeting from time to time until a quorum be had. Notice
of any adjourned meeting need not be given.
ARTICLE VIII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have power to:
(a) Adopt rules and regulations governing the use of the Conmon
Properties, Lots and Living ':nits, and the personal conduct of the members
and their family members, tenants and guests thereon, an''. to establish
reasonable penalties and fines for the infraction thereof, including the
right to enjoin any infraction or attempted infraction. The membership at
a duly called meeting may affirm, modify or rescind said rules. Rules and
regulations shall be published to the members as and when adopted by mailing
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Ail
a copy thereof to each member at the member's last address appearing on the
books of the Association, or supplied by such member to the Association,
however, the rules and regulations need not be submitted to or mailed to
the membership to be effective.
(b) Suspend the voting rights and right to use of the Common
Properties for recreational purposes of an Owner and of the Owner's family
members, tenants and guests during any period in which such Owner shall be
in default in the payment of any assessment levied by the Association. Such
rights may also be suspended as to any member and that member's family
members, tenants and guests, for a period not to exceed thirty (30) days,
and a fine may be imposed on a member, for each infraction of published
rules and regulations by that member, or the member's family members,
tenants or guests, after a hearing to be held after five (5) days' notice
to such member mailed by registered or certified mail to the last address
appearing on the books of the Association or supplied by such member to the
Association.
(c) Operate, maintain, reconstruct, alter and repair the water
system serving the Properties, including purchase of meters and establishing
uniform and reasonable charges for water and the times of payment of such
charges, and also,at any time, grant, sell, convey and assign the water
system serving the Properties to the municipality having jurisdiction over
the Properties, including the wells, pump houses, pumps, lines, pipes and
meters and including any easements over, under and across the Common Properties
as may be necessary for the maintenance, reconstruction, alteration and
repair of the water system, with or without consideration, and on such terms
and conditions as the Hoard shall determine.
In
(d) Exercise for the Association all powers, duties and authority
vested in or delegated to this Association and not reserved to the membership
by other provisions of these Bylaws, the Articles of Incorporation, or the
Declaration.
(e) Declare the office of a member of the Board of Directors to be
vacant in the event such member shall be absent from three (3) consecutive
regular meetings of the Board of Directors.
(f) Employ or contract with a manager, an independent contractor,
or such other employees as they deem necessary, and to prescribe their duties,
which duties may include the performance of any or all of the powers and
duties of the Board of Directors.
(g) Borrow money and, with the assent of two-thirds of each class
of members, mortgage, pledge, deed in trust, or hypothecate any or all of
its real or personal property or other assets, including the Common Properties,
as security for money borrowed or debts incurred.
(h) Exercise any and all rights under any and all easements now or
hereafter granted to the Association by , including, without limitation,
payment of the Easement Payment, and lnakinZ the determination to pay for, and
making payment for, the New Facilities, all pursuant to and as described in
the easement from entitled Easement (Recreation Area) and dated
, 1973.
(i) Agree to, and authorize execution and delivery by the officers
of this Association of, any and all amendments to, or subsitutions for the
easement given by to the Association entitled Easement (Open Space)
and dated _ _, 1973, and the easement given by - to the
Association entitled Easement (Recreation Area) and dated _
19 d; and specifically including, but without limitation, the execution
..11..
and delivery by the officers of this Association of amendments, releases and
substitutions made for the purpose of changing, from time to time, the location
of Tract l and Tract II in the said Easement (Open Space) so that they do not
include, but are always outside of and abutting, the Properties as added to •
from time to time.
0) Establish and charge reasonable admission fees for the use
of any recreational facilities upon the Common Properties, and reasonable
reservation fees for any restrictive parking areas designated by the Board
of Directors on the Common Properties.
(k) Pay charges for utility services to the Common Properties and
also, to the extent and for the services from time to time determined by the
Board of Directors, for utility services to Living Units.
Section 2. Duties. It shall be the duty of the Board of Directors
to:
(a) Cause to be kept a complete record of all its acts and corpo-
rate affairs and to present a statement thereof to the members at the annual
meeting of the members, or at any special meeting when such statement is
requested in writing by members entitled to vote ten percent (10%) of the
total number of votes.
(b) Supervise all officers, agents and employees of this Association
and to see that their duties are properly performed.
(c) As more fully provided in the Declaration to:
(i) fix the amount of the annual assessment against each
Lot at least thirty (30) days in advance of the date
of commencement of each annual assessment period;
(ii) send written notice of each assessment to every Owner
subject thereto at least twenty (20) days in advance
of the date of commencement of each annual assessment
period; and
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(iii) file and thereafter foreclose the lien against any
Lot for which assessments are not paid when due or
to bring an action at law against the Owner personally
obligated to pay the same.
(d) Issue, or to cause an appropriate officer to issue, upon
demand by any person, a certificate setting fort' whether or not any assess-
ment has been paid. A reasonable charge may be made by the Board for the
issuance of these certificates. If a certificate states an assessment has
been paid, such certificate shall be conclusive evidence as to the Association
of such payment.
(e) Procure and maintain adequate liability and hazard insurance
on property owned by the Association; procure and maintain liability and
hazard insurance on all of the Properties as required by the Declaration;
procure and maintain adequate liability insurance on property subject to
easements in favor of the Association.
(f) Cause all officers, employees or independent contractors or
managers, having fiscal responsibilities to be bonded, as it may deem
appropriate.
• .(g) Cause the Common Properties and the exterior of Living Units
to be maintained, both during the time the Common Properties are owned by
Developer and during the time they are ow•med by the Association.
(h) Perform all other duties imposed upon it by the Declaration,
these Bylaws or the Articles of Incorporation.
ARTICLE IX
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The officers of this Associa-
tion shall be a president and vice-president, who shall at all times be
members of the Board of Directors, a secretary, and a treasurer, and such
other officers as the Board may from time to time by resolution create.
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Section 2. Election of Officers. As soon a, practicable after
each annual election of directors, and preferably on the same day, the Board
of Directors shall meet, at the place where such annual election of directors
is held, or at such other place within or without the State of Minnesota as
may be designated by the Board of Directors, for the purpose of electing the
officers of the Association and for the transaction of such other business
as shall come before the meeting. Notice of such meeting need not be given
if it is held at the place where the annual election of directors is held,
but if such annual meeting of the directors is to be held at any other place.
such other place shall be specified in a notice given as hereinafter provided
for special meetings of the Board of Directors or in a consent and waiver of
notice thereof signed by all the directors.
Section 3. Term. The officers of this Association shall be
elected annually by the Board and each shall hold office for one (1) year
and until a successor is elected and shall have qualified, unless he shall
sooner resign,or shall be removed, or otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such other
officers as the affairs of the Association may require, each of whom shall
hold office for such period, have such authority, and perform such duties
as the Board may, from time to time, determine.
Section 5. Resignation and Removal. Any officer may be removed
from office with or without cause by the Board. Any officer may resign at
any time giving written notice to the Board, the president or the secretary.
Such resignation shall take effect on the date of receipt of such notice or
at any later time specified therein, and unless otherwise specified therein,
the acceptance of such resignation shall not be necessary to make it effective.
Section 6. Vacancies. Any vacancy in any office caused by death,
resignation, disqualification, removal, or any other cause may be filled by
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•
•
a vote of the directors and each officer so chosen shall hold office until
the next annual meeting of voting members and until his successor shall be
duly elected and qualified, unless sooner replaced pursuant to these Bylaws.
Section 7. Plultiple offices. The offices of secretary and treasurer,
and the offices of vice president and treasurer, may be held by the same person.
No person shall simultaneously hold more than one of any of the other offices ex-
cept in the case of special offices created pursuant to Section 4 of this Article.
t
Section 8. Duties. The duties of the officers are as follows:
President
(a) The president shall preside at all meetings of the Board of
Directors; shall see that orders and resolutions of the Board are carried
out; shall sign all leases, mortgages, deeds and other written instruments
and shall co-sign all checks and promissory notes.
Vice-President
(b) The vice-president shall act in the place and stead of the
president in the event of his absence, inability or refusal to act, and
shall exercise and discharge such other duties as may be required of him
by the Board.
Secretary
(c) The secretary shall record the votes and keep the minutes of
all meetings and proceedings of the Board and of the members; serve notice
of meetings of the Board and of the members; keep appropriate current records
showing the members of the Association, together with their addresses, and
shall perform such other duties as required by the Board.
Treasurer
(d) The treasurer shall receive and deposit in appropriate bank
accounts all monies of the Association and shall disburse such funds as
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.*
directed by resolution of the Board of Directors; shall sign all checks and
promissory notes of the Association; keep proper books of account; cause an
annual audit of the Association books to be made by a certified public ac-
countant at the completion of each fiscal year; and shall prepare an annual
budget and a statement of income and expenditures to be represented to the
membership at its regular annual meeting, and deliver a copy of each to the
members.
ARTICLE X
CO;@1ITTEES
The Board shall appoint an Environmental Control Committee,
as and when appropriate as provided in the Declaration and a Nominating
Committee, as provided by these By-Laws. In addition, the Board of
Directors shall appoint other committees as deemed appropriate in carrying
out its purpose. All members of such committees shall serve at the pleasure
of the Board of Directors.
ARTICLE XI
BOOKS AND RECORDS
Section 1. Books and Records. The Board of Directors of the
Association shall cause to be kept: •
(i) records of all proceedings of voting members and
directors;
•
(ii) records of all committees having any authority
under the Board of Directors;
(iii) such other records and books of account that shall
be necessary and appropriate to the conduct of the
Association's business.
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a
Section 2. Documents Kept at Beg!rtered Office. The Board of
Directors shall cause to be kept at the registered office of the Association
originals or copies of:
(i) records of all proceedings of members and directors;
(ii) records of all committees having any authority under
the Board of Directors; and
(iii) the Declaration, the Articles of Incorporation and
Bylaws of the Association and all amendments thereto.
Section 3. Inspection. The books, records and papers of the
Association shall at all times, during reasonable business hours, be subject
to the inspection by any member. The Declaration, the Articles of Incorpo-
ration and the Bylaws of the Association shall be available for inspection
by any members at the registered office of the Association, where copies may
be purchased at reasonable cost.
ARTICLE :CI
ASSESSIIENTS 1
As more fully provided in the Declaration, each member is obligated
to pay to the Association assessments which are secured by a lien upon the
property against which the assessment is made. Any assessment or install-
ments thereof, not paid when due shall be delinquent. If the assessment or
installment thereof then due, is not paid when due, then, at the option of
the Board of Directors, the entire unpaid balance of the assessment shall
be due and delinquent and shall bear interest iron the date of delinquency
at the rate of eight percent (8'') per annum, and the Association may bring
an action at law against the Owner personally obligated to pay the same or
foreclose the lien upon the property against which the assessment is made,
and interest, costs and reasonable attorneys' fees of any such action shall
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a
be added to the amount of such assessment. No Owner may waive or otherwise
escape liability for the assessments provided for herein by nonuse of the
Common Properties or abandonment of his Lot. t
ARTICLE XIII
WAIVER OF NOTICE
Whenever any notice whatsoever is required to be given by these
Bylaws or the Articles of Incorporation of the Association or any of the
corporate laws of the State of Minnesota, such notice may be waived in
writing, signed by the person or persons entitled to said notice, whether
before, at or after the time stated therein, or before, at or after the
meeting.
ARTICLE XIV
AMENDMENTS
Section 1. These Bylaws and the Articles of Incorporation of
the Association may be amended, at a regular or special meeting of the
members, by two-thirds of the votes of each class of members present in
person or by proxy.
Section 2. In the case of any conflict between the Articles of
Incorporation and these Bylaws, the Articles shall control; and in case of
any conflict between the Declaration and these Bylaws, the Declaration
shall control; in the case of any conflict between the Articles and the
Declaration, the Declaration shall control.
ARTICLE XVI
DISTRIBUTION OF ASSETS
In the event of dissolution of this Association, all of its assets
shall be distributed pursuant to the Articles of Incorporation of this Associa-
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tion, and if any of the assets, pursuant to said Articles, arc to he distributed
to the members of this Association, they shall be distributed to each member,
or group of members, owning all of the fee interest of record in any Lot, in
an amount which bears the same ratio to the whole of such assets as the number
of Lots owned by such member, or group of members, bears to the total number
of Lots then within the Properties subject to the jurisdiction of the
Association.
ARTICLE XVII
INDEMNIFICATION OF OFFICERS AND DIRECTORS
The association shall indemnify such persons, for such expense
and liabilities, in such manner, under such circumstances, and to such extent
as permitted by Section 317.16, Subd. 2, (14) of the Minnesota Statutes,
as now enacted or hereinafter amended.
ARTICLE XVIII
MISCELLANEOUS
The fiscal year of the Association shall begin on the first day
of January and end on the 31st day of December of every year, except that
the first fiscal year shall begin on the date of incorporation, and provided
that the Board of Directors at any time, and from time to time, may change the
fiscal year of the Association.
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City of Eden Prairie •
Public Works Department . •
.Engineering Division • 1
• .
CHECKLIST FOR REVIEWI.NG
• PROPOSED .NM) DEVELOPMENTS
•
Date August 10, 1977 # 77-"-16, 7-19
1. DNVFLOPUENT NAME Amcden Hills Second Addition
LOCATION__Worth of Amndcn Wi1 man., west of Garrinon Forest
Addn., south of Anclernon Lakes Parkway
2. mmorER Tic P;-eserve
3. ENGnEEq/ACUITECT/PLANNER Bather, Ringrone, Wolsicld,
4. DUCMNTS SUHMITTE0 FOR REVIEW Prelbninary Plat eiated 5/5/77, Pre-
pIo.ns for ntilities, grading i.ed street. iiennovments dated
S. VROCESI, SCHEDULE: •
Application received Watershed
-- _—
5/2'3/77 PhnninJ Commission Human Rights
Park Recreation 8/36/77 City Council
6. PROPOSJ,L •
6.1 I--1 rup Approval Rev.oning
6.2 Preliminary Plat
6.3 Pres(:nt 'Aoning Rnral
6.4 Proposed 'Amino R1-33.5
--
6.5 PrevieusPUD 4 Preserve HID 70-3 —
6.6 Previous Beconing Agreement 0 None
•
_ 2
6.7 Single Family detached lots:
23 less than 13,500 sq. ft. Density
10 13,500 sq. ft. or more Density
22,000 sq. fi. or more Density
33 Total SF0 lots Total density - 2.2
Multiple Dwelling Units:
R1f 6.5 Acres Density .
PM 2.5 Acres `-- Density
Total Mult. Unit:.
6.8 X Owner occupied Rentals
...— Preserve llomemmers Association
6.9 llomeo'onors i.e•aociation proroscd --__-
None
6.10 Other nava proposed
•
6.1] hcg„cr.tirnl City to provide streets and utilities No. .Streets
a:sl utilities to h:• contracted 1y developer and dedicated to City.
6.12 Cansir cnt vith City's Comprehensive Land Use map Yes
•
7. PROI'J : r 011 ] .PACE, TRAILS
•
7.1 Parcels; to be undeveloped as open .pace
Otlllot C
(existing pond area)
6' bit.uminous
7.2 Trails (7.r•c:H ien, •.• r:,t.,�ll'I�r, oernerr;hip)
trail to he t ,roired en cost aide of Amsden Way. Dutlot0 A and D
arc trail corridors for grass paths.
.
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3 -
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7.3 School/Park sites Satisfied through Preserve PUD
7.4 Park dedication fee Refer to Planning Report dated 6/10/77 •
•
8. PRUPO3E!) STREET SYSTEM
Additional R/W necessary
8.1 Check City's Comprehensive Street Plan for Anderson Lakes Parkway
8.2 Access to adjoining propertieslti.ght-of-way will be provided in
2 beet.ion:; to provide access to property west of site
•
8.3 Street R/W and pavements widths Amsden hay: R/59 60'
Pavement. 37'; all other. street, R/W 50'; pavement 28'. Dedica-
tion of R/W for future crp:nueion of Anderson Lakes Parkway should
extend to G1 feet south of the south edge of the existing bituminous
race ay per TrlEnning Ycraitst:":,rcccs nccidat &n,
8.4 Trioat.c• streets
8.5 Street grader:, sight distances at vert:ice.l curves, concrete curb
and gutter Street graces & sight distance O.K. Concrete curb
and gutter required
8.6 Street names O.K. • 1
8.7 Parking (Ord. Nl41) N.A. •
8.8 Traffic volume .impact on existingexistingstreets estimate 280 AD'r
additionol traffic gern'rat.ion from the addition.
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28 lots will front on Nnsden
8.9 prontpgcs on collector strcet6
Way. G0' R/W and 30' minimum setbacks recommended
8.'10 Other comments
9. GRIMING ATM U'!`31.1'i?:S •
•
9.1 Ranje of cut: and fill Fron_utiltty Ple.n - 8' mdedr m cut, 5'�
maxir:•.nn fill
•
•
9.2 Significant land features to bn preserved Pondin! r_rec
in northrar.tcrly corner of site.
Show high water elevation G outlet of pant
9.3 Drainage ponds
None
9.4 Floml plain encroachment —,— —
9.5 Pevoloyment plan showing proposed grading, storm sewer, sanitary
sewer, crater-main, minimum floor elevations, pond levels and
rolu-c:.ontalive ::oi.l. borings. Crating pan has not born sutvnittcrt
Soil borings will be noce•:o r-y for some lots to verify footing
desiys at building brrmit time.
9.6 Skimming :Ind grit. control for commercial parking let:: ILA._•
___
k_.tJt
, . •
9.7 Sewer and water service to adjoining properties Service stubs
12roposed to serve areas west of site.
•
9.8 Sewage lift stations required None required
9.9 Landscaping, buffering and lighting plans Usual street lighting
..
p1 on required
9.10 Natural gas, underground telephone & electric underground
ntilit'es require.]
9.11 cem.n2nts
•
10. VARlAW):E. 1:EctlIEETED Setback and lot sire variances will be necessary.
Standard pm) setback variances arc reemmended.
11. OMER ACENCY REVIEW AND APPROVAL REMIT:ED BEFORE FINAL MIT APPROVAL
X Watershed District ONE
Minn. roc Minn. DOT
Henn. Co. Metro Council
Adjoining Community
•
r.lt;27-14.
•
G
12. SPECIAL ASSESSMENTS LEVIED AND PENDING Levied: $6452, trunk
sewer L water, $52,640 (deferred)
13. OTHER REQUIREMENTS
Environmental Worksheet
X Rer.:.ning Lgre:mect •
X Developers Agreeiwnt (PUD only on Final Plat)
•
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approved
Planning Commission Minutes -3- July 25, 1977
B. Garrison Forest 2nd Addition, The Preserve, request to rezone from Rural to
Iti-13.5 a•nd preliminary plat 43 lots on approximately 25 acres. The site is
located west of Co. Rd. 18 and South of Amgen Road. A continued public
hearing.
C. Amsden Mills 2nd Addit ion, the Preserve, request to rezone from Rural to
R1-13.5 and prclitinary plat approval for 33 lots on approximately 15 acres.
The site is located West of proposed Garrison Forest 2nd Addition and south
of Anaden Road. A continued public hearing.
The planner reported that the staff is recommending the City not give up any
land for parkway coast.ructiem that has been acquired for part: purposes. He felt
if the City had intended the park property to be used for road purposes it would
have been included in the grant submissions.
Mr. Hess, The Preserve, stated they contend that 50:50 splits are the common
practice in road construction and in thin. rate 'Hie Preserve is only asking the
City co;mait to 1/3
Mr. Hex:: then showed various design options for the 7 acre parcel near Co. Rd. 38
(cit eirial,res.idcntial, nwltiple or mixed uses),stat.ing they would prefer the
land use opiion be left open at this time.
Lynch ,::ked hot; many lots were under 13,500 square feet. Mr. Hess replied he
wa.• tt..51 %.
Chai rr::in Sundsl rom ..t•.ked if any at di ence members had questions or comments.
None r.cie raised.
McCulloch felt other access options should be explored and land acquired through
grants should not he given up for the benefit of a developer.
floss believed The {'reserve is not. the sole bettefiter , but the City and surrounding
common itics would benefit.
Motion I:
Rcdpatlt moved, Schee seconded, that the existing AtnsduORnad be the north or
western lone of the ?uitlersun Lakes P:nkway and that right-of-t:ay for the
additicv;l two lanes be dedicated from the property south of existing Amgen Road.
Motion carried unanimously.
Motion 7:
Rt•dpath moved, Lynch seconded, to continue the public hearing on Garrison Forest.
2nd hdditiott allowing the developer to submit revised plans . Motion carried
unanimously.
Motion 3:
cdpath moved, ehec seconded, to close the public hearing on Atnsden hills and
Addition. ;lotion catrit-.l o;cutimously..
14:
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approved
Planning Commission Minutes -4- July 2S, 1977
Motion 4: •
Redpath moved, Schc•e seconded, to recommend to the City Council approval of the
rezoning requet from Rural to fit-13.5 for 33 lots on cpproaimately 15 acres for
Amsden Mils 2nd A(Lli t i on.
Discussion
Lynch iwiuirod hot; m::nq lots are below 13,500 sgm:re feet. The planner estimated
40-S0 Mr. 11esr agreed .
Vote: Motion carried 4:1 with McCulloch voting nay.
Motion S:
Redpaith moved, Schcc seconded, to recommend to the City Council approval of a
modified preliminary plat for warden Hills 2nd Addition recognizing the road
8]Y gsT. rlit change(:effecting Lot 16) due to the rood right-of-way. Motion carried
4:1 with McCulloch voting nay.
��I i �i
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•
PLANNl1:C SPAPP REPORT
TO: Planning Commission
TR0?i: Jim Jensen, Planning Assistant
TIIRO11C1I: Dick Putman, Planning Director •
,DATE: June 10, 1977
•
APPLICANT: 71,e Pro:.erve •
PROJECP: Amsdcn Dills 2nd Addition
LOCATION: South of Amsdcn Road and West. of proposed Garrison
Po,'est 2nd Addition
REQUEST: Preliminary plot approval for 33 lots on ISi acres
and rezoning f,aa Rural to Rl-33.5 with Preserve
standard setback.
DAC''"I'." '1
This prclir,incry plat is part of the original POD 70-03 and is designated
low density, single fo;:dI)' in the POD Concept approved in 3970. The site
is bordered on the north by Andr soa later Parkway, on the cast by the
proposed C::rris•on Panel 2nd Addition, en tte south by Amsdcn Hills and
C:rrison Pores and ,,n the west by open land that is in the Preserve fill)
shown as single family. Amsdcn Dills 1st Addition was rezoned from
itura) to R1.-13,S for single family construction.
land Ow
The site is surrounded on the cast and south by existing or proposed single
family units :on,d R1-13.5. the lend directly west is presently zoned Rural
but is shown in concept as lox density single family. To the north of
A,dcrson i.:d,'s Parkway is ]lSn acres of land to he developed as major public
park south of Anderson Lakes, (Sec figure 1 ) Amsdcn Hills 2nd Addition
is part of the Anderson Lakes Part, System.
The preliminary plat for Amsdcn Dills 2nd Addition Indicatos 33 single family
lots on 1!•' acres at a density of 2.2 unite, per gross acre. •Ilse ::oniil, district
R1.13.5 ❑t;o,;, a ,na.Si!.lnai drn'.ilf of lots: per acre. lho smallest lot is 9,3011
spoor' feel , the l:rrgr•.t i:: 2),::•0 ::yu:ur 1l•et and the average lot size ir.
]3,l:ull :cti.ire fort.
j;L ,�
Staff Report-Amsden Hills 2nd -2- Juic 10, 1977 i
1
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ZONING REQUEST •
The Preserve is requesting rezoning from Rural to R1-13.5 with PUD vari- •
antes. The proposal is consistent with the PUD Concept plan .
The following variances have consistently been granted to other projects
in The Preserve zoned R1-13.5 and arc requested as modified setback
stadards:
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5 feet to lido lot line 1
10 feet 1--1'- story house to side lot line •
15 feet 2 story house to side lot line •
30 feet front of building to front lot line
20 feet rear of house to rear lot line
20 feet side yard setback for houses built on corner
lots.
50 foot minimumfron any building line on MSA County and State
Highways (fireplaces and overhangs shall not he placed in the i
front yard and shall he 5 foot minimum from side and rear lot
lines.
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Lot sizes vary from 9,300 square feet to 21,250 square feet and the average lot
Si,-e ir. ;:,t`l:u . In Zoning Dis(rici ill-13.5 the minimum lot size is 13,51)0 :,genre
feat . A lot site variance should also be included in the zoning variance regi,rs(s.
A n:a,;it)Aan density of 2 lots per acre is allowed. I� �•,
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Staff Report-Anlsden Hills 2nd -3- Juge 10 , 1977
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STTU ANALYSTS
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Access, Circulation
Amsden Wary is the north/south street proposed through the site connecting
to Amsdcn Way at the southern end of the site which runs east and west through
Amsdcn hills 1st Addition. This road connects to Fantle Road on the west
side of /c,,.aden Hills. Ane:den Way also connects to Garrison Way which runs
cast and west and north/south through Garrison Forest 1st Addition. Garrison
'Way presently dead-ends at the northern boundary of Garrison Forest 1st Addition
and is proposed to connect. wit.I, Anderson Lakes Parkway through proposed
Garrison Forest. 2nd Addition.
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Two unn:r:led streets :lead-end west from Amsdcn Way in the proposed plat.
'these streets will probably connect up to streets of future proposed develop-
ment to the west of the site.
This project will gencratc , upon completion , about 280 AUT most of which
will travel north to Anderson Lakes Parkway which is proposed for future
upg-mding to a four laac parkway. Anderson lakes Parkway will eventually
connect Co. ltd. 18 with Highway 109/212 and Mitchell Road.
The staff proposes n right-of-K;:y dedication of a line measured 89 feet to
the sontb fro: be existing north edge of the roadway. (See figures 2 & 3 ),
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Staff Report-Amsden Hills 2nd -4, June 10. 1977
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Using parkland to the north of existing Anderson Lakes Parkway is a less
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acceptable solution to the problem of building a 4 lane parkway because
of the following reasons:
1. Anderson Lakes Par). system was purchased wi th Fedcra 1 I.AI:CON
funds and a 4F,0l' conflict exists with using this land to
construct the parkway.
2. Staff has agreed to construct a trail system on the north
side of Anderson Laken i'arkway waiving the need for The
Preserve I roost met IraiIs through the developments: adja-
cent to the parkway.
3. Au enviironmenta1 impact ct at coast wooldpruhahlybe required of
the city to in-e thi', parkland to build the parkway.
The stiff feels that these reasons ii- snfficieat: to ask for the right-of•way
dedication on the :u,uth aide of existing roadway as indicated out Figures 2 G 3.
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Soils, Toro„ra,hy,C*''.din(_
The site is pew;l un:h,ia?irk; frith ftedueut siop,e of greater than 12'1.. The
entire north h:ti1 of the site drains into the lots northeastern corner dcsig--
nareo c't' u, C o,: t'hc prcli?sinary "„c. north/south rend on this half
of the site follows tbr.! drainage stale t:lach presently carries rune."f to the:
area shown as Out lot C. 'the southern half of the site drains runoff to the
wet.t and south.
No pradin!: plain ta?% snhi ited except for the road profiles. Many of the lots
hay, slopes a cater tlist 1 ':. and may require extensive grading to establish
sufficient bull ii;',c podia.
The sail'. on the site are paneralI)' will suited for residential development.
The soil series Erin are the ma jet- lcoiIs: of the site h'ith a loamy to cIa),
loamy texture. 'These soils: are well drained but have moderate limitations
•for resident i;.l dove 3 opmit because of poor bearing f \ ) our e
capacity and molcm.itel:' ii'11 volome change with t;'- >��i/ ) l i
change: in mci'.t tire Singa'. over 1::', c
arc con- I} (< <' / ; ti(
\ el,` � l
.l sidcred sever,: imitation for dcyclnpcu`nt. i :�. loe1 +s.;
� m c+, �'
A s,1r.;ill harsh is loc:rted in the northeastnortheast � ��1
corner of the :,its and I:: :.hnt,d as nn outlet. "`.l Cll' • I. I ) \;1,,
Another area orhicncoo soil is teemed .c" , ;...
directly in ilia I id.11e of tha mi1c. This soil • '1.
is poorly drained aid is sandy to laity in lox- , (
lure '.with a high nrainie eon/.ul . The organicc j ff \
ncticrial should lac completely removed and hack I` J 7 t , dtt,
filled with ceii1':.r material. The hazard for fres::t !c) 'T.
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heave on this :.t.il i:: high. • -
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Staff Report-Amsden Ilills 2nd Add -S- Juno 10, 1977
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Another small area of poorly drained soils surround the Clencoc soil to the
north and east. This soil is of tile Cordova Series and is loamy to clay in
texture. Moderate to severe limitations exist for residential development
on these soils because of poor to fair bearing capacity and high potential
for fast heave. Special preparation is also needed on this soil to obtain
suitable building conditions and st.rc•igth.
The staff recommends the developer submit a complete grading plan with
miniu m; floor el coati ens at each lot for the st off's review before the final
plat is approved.
Much of the site consist;; of slopes Prater than I , Es t alibi shorn t of
ground cocci immediately following or during Coastr4itlOrl Where feasible will
prevent excessive soil loss.
Yc.(:,c•t at ion
Ruch of the IS* acres on the site is wooded and a great deal of care should
be taken in grading ;and home. construction to prevent any unnecessary tree
removal. Alignment of the roads on the site are di ct atcd by the site
configuration but sects to correspond ix]I to the major vegetal inn stands,
1'edesl.ri:cc, ('i ccc,)at ion
The staff proposes n feeder trail to be constructed on the cast. side of Antsden
Way. Mt:. t cal I :could be )inked on tire• tooth to existing: trail 11r.'oopil :Vanden
!tills let Addition and the Garrison Forest Addition trail which t•xtNets to
Prairie Eits.t northeasterly. 17,ir trail would "coed" the major t:;.i: piopo>ed
by the city on the nnttli side of Anderson lakes Parkway. ( see figure 5 ).
ItlCJv.i'•IFsth xilnNS
the planning staff recommends approval of the requests for:
1. Recoitinf, from Rural to 10-13.S with lot site, density and setback
variances listed in the Planning Itaff report of June )(i, 1977.
2. Pre nary fiat approval coot iti eni upon the following:
n. proponent dedicate right-of-way for future upgrading of
Anderson Late: Parkway a:: ilMistralcd in figures 2 i', 3
and discussed in",l_•e June If, 1977 staff report.
b. a grading plan be submiIIti for slat) review showing minim:nn
floor elevations for cat; tot before final plat approval.
c. Pro,.ion contiol me:ieure:c he taten during construction to
prevent excessive toil loess including etablisluacnt of ground
cover immediately iug locoing nr during; citr:truct ion.
d. (:r::ding should neon• in a sensitive termer conserving
veget al ion, tapsoi 1 and natural land roux: wherec•ver
possible.
c. The :leas of the site with the soil series Glencoe and
Cordova be adequately prepared (excavation and backfilling) to
support and a.ainl,tin a single family lime. Adequate drainage
must he provided On sites with these toil types.
f. a lied.•cIritic f rat) be roost poet ed on the Batt side of Ainstleo
Way iinkin;• 1;1 exieli11g Caeri son forest 1st Addition trail •
smith to Pr.,itie bast and fo the existing traiI on the smith side
of Anc.d,v etc in Ai•cdro Ili 1l', 1st Addil tun. These I rat Is should
be consistent t;ith Preserve 'frail System.
g. lots smith of line A-A (figure 4 ), are subject to park dedica-
tion fee as per city put icy.
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MEMORANDUM
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TO: Dick Putnam
FR0.1: Marty Jessen, Director of Community Services/4 j
SUBJECT: Anderson Lakes Parkway •
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-DATE: June 13, 1977
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issues I've discussed with Don Hess include: •
1. 4f/ff land conflict - I've suggested that to find out whether or not
we could use parkland for road purposes would take months/years. And
until vie find out for sure (final approval by Feds/State/1•letro) we
can't permit the Preserve to start.
2. The City purchased the MOORINGS including the road R.O.W. so we've
already put. in more then our share of the R.O.W.
3. I suggested that the PRESERVE provide the R.O.W. for the 2nd 2 lanes
(61' from south edge of existing land) while the City would build the
RIkewny/Ilikeway in the park.
4. If park 1rnd is to be used for road purposes we're probably in the re-
.placcmcnt land situation (the City would have to find comparable
ropIarrs :.,- land).
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ILL-ji';;M:! • •
Mu 25, 1977
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Mr. Rod Supdstrcl, C%airvwt
E'en Prirc Pluining Cu:41ission •
City of Ei. ,1 trLirie •
V50 Ed n Prairie Ror.d
Ed•311 Praivi , Oinnet:ota 55343
Re: lottcr of triln:tAittal
DIwcic.7_.:•lt Si:Lf:e
Additcl stL:4issinn mteriz,Is
Dair Rod:
I wish to me.,7%y 30 coirics of the widitional dnvelopent se
• sul. ssior v.:-t:•rials rc.-.c,ua.:ted by th Phnnitil Cc:r7.nission at •
its li.,y 23, I. '.'"i prblic h3o,ring to 2,. .ir z,.tteweioa.
1,1,..,m7,: '.11ir.!',.' if y,!..! fo,A fl:AiticlIal %Cc-I-mt.:6n mi9ht be •
nuafi. I \:iii :tc.,.A to cxpadite your sugrjestions pric.• to
tha i,c40, r=tw7.
Ume.-A porFif,!": 1 regards,
11,1E--- ESFM:i/
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Vic2 PrtIsic:mt
Architectura t, Pictvairg
DINJ1
Enclosorcs • .
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A Total rnviioninent Community--COX Frank)Hit,Edon rrairie,Minn. 55343- (G12)941.2001
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P.U.D. DEVELOPilt4T STAGC PROMSAL - by Vanald L. Hess, Jr., A.S.L.A.
Vice Prcsiesnt - Architecture & Planning
THE PRESERVE
Legal Vescriptiens - see preltdinary plat documents
7oninn Clssificatira - see collection end preliminary plat documents
Pro t Uf,c::tion
1,, 6tcrisre II tnd WO Point IV single ftmily subdivisions ere
sepir,to o, Thct P.U.O., v4ich ire currently beloy pveposcd for
1977 Cavalc:,, Ni cod occu,):ttcy. See grapnic "1977 Single Ft:Aily Constection
Proitsts."
P.U.D.
rrascnt conversion in ptrt of higher eonsity (C &Lida)
pltnaihg are 5 to lo'.; dasity single fiddily develeant.
Corrc4i TI 41 lots P (2.c.3 d.u./c,..*osc lotting area)
A,dsdc.1 Hills Il 314 lots 0 (2.2 d,u./voss lotting area)
1110 rf,ii,t !V r,-,,tsenc. a co;e.e,...rion of ail "The Trtilr" matinlog unde-
W7Cfl .11.tniA (JFJ-;- to :16 single frlily lot ectutAcp-
142ot. (Z.12 d.u.Ircts lottieg arca).
- attek:!6 grtnic "Tha Preserve Area 5" for a general Cr.:scrip-
tier' .(ye is to be iticorporatod into the selling packaga of
Ares 5 projcctr. Ike P.U.O. conce,i'A pito will continue to serve as a
part of the st:Iliny p:ckea for all trots of the uroject.
Si9m1c;;;i o wast*lo roils htve been retained as a part of an internal
drair:ror and e.! h Those will be ptriiially doveloped coacurrcnt
with housing cLv:)o1...:snt tnd deeded to The Preserve Homeowners Association.
SEtclef Pltttl.ao t
A SyS1:,: 04 htve basT daliwattcd uhich interconnect the de-
velop:.e;-e 01:1 existur sod pli=sd ln rrirl tod external trnilmys, nen
spaces, ! cra:Lie.1 sod other ec.::dunity fuoctions. These spaces hill
also be 'i-t. erred to Ilea Preserve Association concurrent with develoFent.
2. Additiet i 'pee Is LOon providad for future R.0.14. developeent of
Anderson !.!.. us Ptlixty ts ver the roccrdltendation of City staff. These
specs ee dedicated to tha City of Eden Prairie through the proposed
plating
3. Out lot!: I , hr‘my bts-n described but no dovelorrint plan is advanced at
this , io the th,strttit,ty of possihle lulore County Road IS up-
grAinn art , a!,vnt itck of market ii;:mand for the site. Oiscussioas have
52,71.4 .
A ToIl I.nvironinint Gmmtuoity E920 Fran MItm. 55143-(012)941-2001
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P.U.O. DEVELOPIIEUT STAGE Pi 0?OSAL Page 2
occurred bett;:cn the developer and county design staff. These discussions
have pr:cipiat::d the prc;u:, d outlot configurations which are ad:'2ncad by
the Peesc rve es a reasonable interin solution for the developer and the
County tti : <y Dapertrmt.
Park Fees:
hI lots of tis prc ar'd f _don Hills 11 plat are outside of the ortginnl P.U.Q.
1ltaitr. ,.s ;c' ed try the crsncil. Fees in the! amount rcuired will be paid
to the p•. . plat lots 1 - 5, blocs 1, lot 1, block2.
•:d
lots 1 2, hlcci. 3, r. part lot 1, block 4. All otf::r proposed lots are
co'.e:rcd L', p: c::dicetioa pulicis,a previously ;pprovcd as a part of The
Preserve P.U.O.
Covent arts:
Ali lots will t-.e.c •r: a pert of The Preserve H.O.A. and be s':hjcct to the By-Lws,
Declari:tion of restrnctionv of The Preserve Association.
-All 'i:..s rcli.;in,:ryplats art proposed to tell at the markets'lo.e C. the i. (; t 1st parent single faAly plot t:hiC, Laa;s
ti;e urea.. err arca.
Tar .;;or a i
Al r.u7neo : continuation of previous ` ^roved local roadway
n'cit'oa ks uh el C>:t, ., r l, t ntic'iict'•rhood collector or local arterial network
es par p'.'t.eiac i .b.n. ata.a nts.
Zonitan V; 'it nc_:_
'trio pits w, :1; utilia ttc iacr'iified setback ctandtrds applicable to other pro-
jects in 'fin,:
5' gtrer,n to skin let 20' rear of Loutse"to rear lot line
10' 1-1.5 story h:e:e t: ;ide lot line 20' side yard s Abtck for houses
15' 2 stag;' hour . torsi•:':, lot line built on corner lots, but not
30' front of bull in; to front lot line conflicting with 30' setbacks on
adjacent lots.
50' minimums irc.a any building line on
IISA County And State hich•.»ys.
(firc•pl;aes and ovur!::•ncs :ball not be considered as setback encre:;ct:aents)
(accessory strecter,e aenil not he placed in the front yard and shall be 5'
minister f ru/ side and rear lot lines).
Site Conditions:
Loth 1tca 5 plats will invoire careful plaecr..ent of housing units and road:nays
to consor'•e nstural yee.,satica of the site. t;;tjor pondiny features will be re-
tained aw; inCJY;:or:-.w.a into the stoner pending plan of the area.
The Hit) Point IV plat;nu area overlochs a rzador adjacent to 013',rpic Hills
golf coerce and tr,i I'.ill Lake LJctart from an adjacent wooded slope. i•iajor
portions of the existing landscape will be retained through the development
phase.
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P.U.D. DEVELOPC,�:IT STAGE PRO?OSAL Page 3
Conclusin:
litIo:!qh the platting areas prepored do constitute a reduction in the original
P.U.D. cr.nsities tl,•: de.relopr.ant pattern and quality is consistent r;ith over-
all P.U.U. objectives.
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•
I
TO: Roger K. Ulstad, City Manager
FROM: Jean Johnson, Planning Secretary
DATE: October 20, 1977
SUBJECT: ZONING DEADLINE, ORDINANCE # 341 •
Ordinance #341, adopted by the City Council on September 14, 1976,
rezoned large acreagesof property along the Chicago/Northwestern
Railroad in Southwestern Eden Prairie from 1-General to Planned
Study.
Said Ordinance lapsed September 14, 1977.
Inquiries regarding the extreme northern edge of the Planned Study
area have been received, but no applications todate.
JJ:jj
4)03
•
•
•
1
AFFECTED AREA - OUTLINED IN BLACK
(Ordinance #341)
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•
ucil Minutes - 3 - •
Tues.,September 7, 1976
•
C. Southwestern Eden Prairie, possible rezoning of the I-General Property .
located in Southwestern Eden.Prairie to Planned Study.
•
City Manager Ulsted explained that this Public Haring was called
for at the request of the City, and that all of the affected property
owners have been notified.
•
Planning Director Putnam stated that he has had conversations with
trio property e.,,ers: Mr. Herb Mason, who would like to he involved
in the Cu.:,;.rehensive Guide Plan updating, and Mr. Larson, who has
mired feelings if this should be put into Planned Study. The Planning
Cory..:ission did recoi:.a:and putting this property into Planned Study for
a orc-year period.
MDtlON: M_yees moved, seconded by Bye, to close the'Public t:earing •
• and give a 1st reeding to Ordinance No. 341, rezoning of the I-General
property located in Southwestern CC .n Prairie to Planned Study for a
period of one year. Motion carried unanimously. S
•
CITY OF EI)EN PRAIRIE
IIENNEPIN COUNTY, MINNESOTA
•
• ORDINANCE NO. 341
AN ORDINANCE REIATING 'PO ZONING AND AMENDING
ORDINANCE NO. 135.
TilE CITY COUNCIL OF TilE CITY OF EDEN PRAIRIE ORDAINS AS
FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended as
follows:
The properties as set forth in' Exhibit A, which is made
a part hereof are hereby removed from I-General zone and shall be
included hereafter in the Planned Study (P.S.) zone.
• Section 2. 'i'his ordinance becomes effect ive from and after
its passage and publication.
FIRST READ at. a regular meeting of the City Council of the City
of Eden Prairie this '7th day of September, 1976, and finally read,
adopted and ordered published at a regular meeting of the City
Council of said City on the 14thday of___SoPtei.her , 1976.
Io lfcjan3iPciizel, Mayor
(S E A L)
ATTEST:
•
•
0.//
J(Am D. Pidne, CiLy Clerk
Pol. ished in the on -- , 1976.
71 ,L.
Tract l
'All that part of the Southeast Quarter of the Southwest
Quarter of Section 17, Township 116, Range 22, lying
Southeasterly of the Southeasterly right-of-way line of
Chicago & Northwestern Railroad.
Tract 22.
7,11 that part of the Government Lot No. 5, Government
Lot No. 4, the Southeast Quarter of the Southwest
Quarter and the Southeast Quarter of Section 17, Town-
ship 116, Range 22, described as follows: Beginning
.at the Southwest corner of Government Lot No. 5; thence
North along the best line thereof distance 1100 feet;
thence Easterly parallel with the South line of the
Goverment Lot No. 5 to a point 750 feet Northwesterly
of the Northwesterly right-of--way line of the Chicago &
Northwestern Railroad as measured a t right angles to
the raid Northwesterly right-of-way line; thence
Northeasterly to a point on the North line of the said
Southeast Quarter said point being 900 feet Westerly of
the Northeast corner of the Northwest Quarter of the
said Southeast Quarter; thence Easterly to the North-
westerly right-of-way line of the Chicago & Northwestern
Railrned; thence Southwesterly along the raid North-
westerly right--of-way line to the South line of the said'
Southeast Quarter of the Southwest Quarter; thence
Westerly along the South line of the said Southeast
Quarter of the Southwest Quarter and Government Lot No.
5 to the point of beginning.
Tract 3__—
All that part of the West Half of the Southeast Quarter
of Section 17, Township 116, Range 22, described as
follows: Beginning at the Southwest corner of said
West Half; thence Easterly along the South line of
said West Half to an intersection with a line drawn
parallel with centerline 1150 feet Southeasterly of the
Southeasterly right-of-way line of the Chicago &
Northwestern Railroad; thence Northeasterly along the
last anent Toned parallel line to an' intersection with a
line drawn parallel with and 274 feet westerly of the
East line of said West Half; thence Northerly along
the last mentionied parallel line distance 750 feet;
thence Easterly parallel with the North line of the
Southwest Quarter of the Southeast Quarter of said
Section 17, distance 200 feet; thence Northerly
parallel with the Past line of said West Half a distance
of 800 feet; thence Westerly parallel with North line
of the Southwest Quarter of the Southeast Quarter of
said Sect ion 17 Io the Soulluastorly right-of-way line/
( c?
of the Chicago & Northwestern Railroad; thence
Southwesterly along the said Southeasterly right-of-
way line to the West line of the said West Half;
thence Southerly along said West line to the point
of beginning.
Tract 4.
All that part of the Northeast and Southeast Quarters •
of Section 19, Township 116, Range 22, lying North-
westerly of the Northwesterly right-of-way line of the
Chicago & Northwestern Railroad excepting there from
the Westerly 550 feet thereof.
•
Tract 5.
All that part of the Northeast Quarter and the North-
west Quarter of the Southeast Quarter of Section 19,
Township 11G, Range 22, lying Southeasterly of the
So. t1 r tc,rl right-of-way line of the Chicago and
Nortir.:rstera ..ailroad.
Tract 6.
All that part of the Southeast Quarter of the Southeast
Quarter of the Southeast Quarter of Section 19,
Township 116, Range 22, lying Northerly of the Northerly
right-of-way line of County Road No. 1. .
Tract 7.
All that part of Government Lot No. 3, Section 19,
Township 116, Range 22, and the Northwest Quarter of
the Nort Last Quarter of Section 30, Township 116,
Range 22, lv n<I Northerly of the Northerly right-of-
way line of county Road No. 1 and Southeasterly of the
Sou tinasterly right-of-way line of the Chicago &
Northwestern Railroad.
Tract B.
All that part of the Southeast Quarter of the Northeast
Quarter of Section 19, Township 116, Range 22, lying
Southeasterly of the Southeasterly right-of-way line of
the Chicago t. Northwestern Railroad.
Trot
h11 that part of the h'uathwest Quarter of Section 20,
'iownnhip' 116, R,:ngge 22, lying Northwesterly of the
Northwesterly right-of-way line of the Chicago &
Northwestern Railroad.
2 - 4(xic
Tract 10.
All that part of the Northwest Quarter of the North-
east Quarter of Section 20, Township 1]6, Range 22,
lying Northwesterly of a line drawn parallel with
and 1150 feet Southeasterly of the Southeasterly
right-of-way line of the Chicago and Northwestern
Rai lroad.
•
Tract ll.
All that part of the Northwest Quarter of Section 20,
• Township 116, Range 22, ]ring Southeasterly of the
Southeasterly right-of-ray line of the Chicago and
Northwestern Roalroad and Northeasterly of a line
drawn parallel .with and 1150 feet Southeasterly of the
said Southeasterly right-of-way line, together with
all that part of the West 1100 feet of the Southwest
Quarter of the Northwest Quarter of said Section
lying Southeasterly of the Southeasterly right-of-way
line of the Chicago and Northwestern Railroad.
Tract 12.
All that part cf the West 1100 feet of the Southwest
Quarter of Section 20, Townshio 116, Range 22, lying
Northerly of the Northwesterly right-of-way line of
County.Road No. 1.
Tract 13.
All that part of. Government Lots No. 1 and No. 2,
Section 30, Township ]]6, Range 22, lying Northwest-
erly of the Northwesterly right -of-way line of County
Road No. 1, Southeasterly of the Southeasterly right-
of-way line of the Chicago and Northwestern Railroad
and Northeasterly of the following described line:
beginning at a point on the centerline of the Chicago
and Northwestern Railroad, said point being 1030 feet
Southwesterly of the North line of Government Lot No.
2 as measured along the center line of said railroad;
thence Southeasterly at right angles to the center line
of said railroad to the Northwesterly right-of-way line
of County Road No. 1 and there terminating.
•
•
6/ 9
- 3 -
whp/klr 11/29/77
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 77 9I
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 #135, as amended by adding
to Section 14, Township 116, Range 22, as follows:
That part of Tract C, Registered Land Survey No. 1449
and that part of Lot 16 and Lot 17, Auditors Subdivision
No. 335, all in files of the Registrar of Titles, County
of Hennepin, lying Easterly and Northerly of the fol-
lowing described line and its Northerly and Easterly
extensions and lying Northwesterly of the new right of
way line of U.S. Hwy. 169-212:
1
Commencing at a point on the Southerly line of said
Tract C, Registered Land Survey No. 1449, distant 223.29
feet East of the Southwcct corner of said Tract C, gaid
South line is assumed to bear West; thence N 5°O1'21" W,
a distance of 90.47 feet to the North line of said Tract C
and the point of beginning of the line to be described;
thence S 5°01'21" E, a distance of 160.49 feet; thence
N 86°57'55" E, a distance of 219.49 feet to the new
Northwesterly right of way line of U.S. Highway No. 169-212
and t7;ere terminating.
which property shall be and hereby is removed from Rural and shall
be included hereafter in the C Highway zone.
Section 2. The above described property shall be subject to
the terms and conditions of that certain Rezoning Agreement dated
, 1977, entered into between AMOCO OIL COMPANY,
JOHN K. TEMAN and DAVID B. MAGRAW, and B.B. & S., a co-partnership,
and the CITY OF EDEN PRAIRIE, which agreement is hereby made a
part hereof and shall further be subject to all the ordinances,
rules and regulations of the City relating to such C Highway zone.
SECTION 3. This ordinance becomes effective from and after
its passage and publication.
FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie on the day of , 1977, and
finally read and adopted, and ordered published at a regular meeting
of the City Council of said City on the day of
1977.
Wolfgang Fenzel, Mayor
ATTEST:
John D. France, City Clerk
Published in the Eden Prairie News on the day of
, 1977.
-2-
�fr
whp/jh 11/29/77
REZONING AGREEMENT
THIS AGREEMENT, made and entered into this day of
1977 by and between John K. Teman, Daniel B. Magraw and B.B. & S., a co-
partnership consisting of Bernard W. Schulte, Don L. Balmer and Walter E.
Ball, hereinafter referred to as "Owners," and AMOCO OIL COMPANY, herein-
after referred to as "Developer" and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City,"
WITNESSETH:
WHEREAS the Owners have requested the City Council of the City of Eden
Prairie to change the zoning of a tract of land from Rural to C Highway for
an area consisting of approximately one (1) acre and which is legally
described as follows:
That part of Tract C, Registered Land Survey No. 1449
and that part of Lot 16 and Lot 17, Auditors Subdivision
No. 335, all in files of the Registrar of Titles, County
of Hennepin lying Easterly and Northerly of the following
described line and its Northerly and Easterly extensions
and lying Northwesterly of the new right of way line of U.S.
Hwy. 169-212:
Commencing at a point on the Southerly line of said Tract
C, R.L.S. No. 1449, distant 223.29 feet East of the
Southwest corner of said Tract C, said South line is
assumed to bear West; thence N 5°01'21" W, a distance of
90.47 feet to the North line of said Tract C and the
point of beginning of the line to be described; thence S
5°O1'21" I, a distance of 160.49 feet; thence N 86°57'55"
E, a distance of 219.49 feet to the new Northwesterly right
of way line of U.S. Highway No. 169-212 and there terminating,
and
WHEREAS, it is believed that the rezoning of said area to C Highway would
be in the public's interest, welfare and convenience of the people of the City
of Eden Prairie; and
•
WHEREAS, Owners agree to develop the aforementioned property in con-
sideration 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 Rural to C Highway and of the mutual
benefits to each of the parties hereto, the parties, their respective successors
and assigns do hereby covenant and agree as follows:
1. That the requirements of Ordinance No. 135 shall be adhered
to as and for a building on the property. (See site plan
attached hereto as Exhibit A and made a part hereof by
reference.)
2. Th.' the Owners and Developer furnish to the City for prior
approval by the City Planner a landscape plan and signing
plan fot said property.
3. That the following variances are granted:
North side yard setback at access point - 14'6"
South side yard setback - 10'
Area reduced to .92 acre.
4. That temporary road measures be implemented to prevent
siltation into nearby streams and lakes, sodding and
seeding should immediately follow construction. That a
pedestrian pathway in the traditional sense of the sidewalk
be constructed by the owners and developer and the right of
way on the North side of proposed Amoco site. The path shall
be constructed in the configuration as shown on Exhibit R and
be constructed of concrete of no less than 5 inches thick and
five feet wide.
5. That the developer will pay park dedication fees as required
by City Ordinances.
6. That a1.1 sanitary sewer, water main and storm sewer facilities,
concrete curb and garter and bit umineus surfacing whether to be
public or private, shall be designed to City standards by a
-2-
•
•
•
Registered Professional Civil Engineer and submitted to
the City Engineer for approval. The developer, through
his engineer, shall provide for competent daily inspection
of all street and utility construction, both public and
private. As-built drawings with service and valve ties
on reproducable mylar and certification of completion and
compliance with specifications shall also be delivered to the
City Engineer.
FURTHER CITY AND PROPERTY OWNERS AGREE:
1. That the property owners shall comply with all applicable rules,
regulations, ordinances and laws of. the City of Eden Prairie.
2. That the provisions of this Agreement shall be binding upon
and enforceable against Owner, its successors and assigns,
and upon all subsequent owners, their respective heirs,
successors and assigns of the property herein described.
3. That an executed copy of this Agreement shall be recorded with
the Register of Deeds, Hennepin County, Minnesota,
4. That if Owners fail to proceed in accordance with this
Agreement within twelve (12) months from the date hereof, Owners
for themselves, their successors and assigns, agree that they will
not oppose the rezoning of said property back to its Rural
zoning.
IN WITNESS WHEREOF, the parties to this Agreement have caused their
presents to be exec. ted the day and year aforesaid.
John K. Teman
Daniel B. Magraw
B.B. & S a co-partnership consisting of
Bernard W. Schulte, Don L. Balmer and
Walter E. Ball
BY:
-3-
��ii
AMOCO OIL COMPANY
BY:
CITY OF EDEN PRAIRIE, a municipal corporation
BY:
Wolfgang Fenzel, Mayor
John D. Franc, City Clerk
STATE OF MINNESOTA)
) SS.
COUNTY OF IIENNEPIN)
The foregoing instrument was acknowledged before me this day of
197/ by Joh" Teman.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY 01' IHENNEPIN)
The foregoing instrument was acknowledged before me this day of ,
1977 by Daniel R. Nagraw.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF IIENNEPIN
The foregoing instrument was acknowledged before me this _ day of
1977 by and
of B.B. & S a co-partnership consisting of Bernard W. Schulte, Don L. Balmer
and Walter E. Rail, on behalf of the partnership.
Notary Public
-4-
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1977 by and
of Amoco Oil Company, a Minnesota corporation, on
behalf of the corporation.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
1977 by Wolfgang Penzel, Mayor and John O. Franc, City Clerk
of the City of Eden Prairie, a municipal corporation, on behalf of the
corporation.
Notary Public
-5-
(,'1li
ti
TO: Roger Ulstad
FROM: Betty Johnson
SUBJECT: Public Health Nursing Service
DATE: October 13, 1977
Attached is the proposed joint powers agreement which is now recommended
for passage by Hennepin County city councils that now make use of the Suburban
Public ❑ealth Nursing Service (SPHNS). The SPHNS Board has supported the
joint powers agreement organization. (The non-profit organization for which
a resolution will be passed at Council meeting on October 18 is a stopgap
measure taken by SPHNS Board in case the joint powers agreement could not
be operable by December 14. SPHNS organized under state statutes
goes out of existence on that date.) The resolution on the October 18
Council agenda included an additional clause that gives Eden Prairie the
option to withdraw from the non-profit organization and have the money we
pay to SPHNS for nursing service allocated to the joint powers agreement.
Since it seems almost certain that this joint powers organization will be
taking over the SPHNS functions (and probably its staff), it is recommended
that the Council take the necessary steps to join, as follows:
1. The Council should designate itself as the City Board of Health,
under Minnesota Statute 145.913, Subd. 2. (Article V, Sec.1 of agreement)
This is done by resolution.
2 The Council should pass a resolution authorizing execution of
the agreement, including designation of the City's first director on the
joint board. (Article VI, Sec. 1 of agreement)
3. The Mayor and clerk or manager sign and send the executed copy of
the agreement and a certified copy of the authorizing resolution to the City
Manager of Crystal, who is the filing officer.
When enough communities (total population at least 100,000) have sent their
agreements in, an organizational meeting will be called.
r.;OO/7
{
RESOLUTION AUTHORIZING PARTICIPATION
IN THE SUBURBAN HEALTH NURSING SERVICE;
DIRECTING THE EXECUTION AND DELIVERY OF
A JOINT POWERS AGREEMENT; AND DESIGNATING
A REPRESENTATIVE OF TUE CITY AS ITS
MEMBER ON THE I',OARD QF THE SUBURBAN
HEALTH NURSING SERVICE
WHEREAS, the City of is authorized
by Minnesota Statutes, Section 471.59 to enter into joint and
cooperative agreements with other governmental units, and
WHEREAS, the City Council has duly established a board of
health and assigned it duties as provided in Minnesota Statutes,
Section 145.913, and
IHIEREAS, the City Council has determined that the City
cooperate with otter municipalities in providing community health
nursing services and home health services:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
—.--------_-------- , Minnesota, as tollows:
1. The Mayor and (Clerk) (Manager) are authorized and directed
to execute the attached Joint and Cooperative Agreement providing
for membership of the City in the Suburban Health Nursing Service.
2. In accordance with the provisions of the Joint and
Cooperative Agreement, the Council hereby designates
as its first director on the Board of Directors
of the Suburban Health Nursing Service.
3. The City Clerk is directed to file a copy of the executed
agreement together with a certified copy of this resolution with
the City Manager of the City of Crystal.
•
October 12, 1977
•
TO: Managers and Administrators of Cities Served by SPHNS
FROM: Jack Irving, City Manager of Crystal; Member, Interim
Community Health Services Advisory Committee
SUBJECT: Suburban Public Health Nursing Service
As a result of a meeting held October 8 with representatives of
concerned communities, the following substantive changes were
made:
1. Page 2, Subdivision 4 - modified to permit member-
ship by city partly within Hennepin County.
2. Page 3, Section 2 - minimum membership raised to
100,000.
3. Page 8, Section 3 - pro rata share of interim bud-
get to be decided by board of directors.
There are other changes that were editorial in nature.
As I suggested at that meeting, I am sending you an updated draft
of the above-mentioned Joint Powers Agreement. It is my opinion
and the opinion of those present at the meeting that with these
changes, it is now ready to submit to your councils for approval.
As was suggested in our last communique to you, please return
the executed copies to me. When we have sufficient number, I
will contact the Mayor of the largest community, which is a con-
dition of the Joint Powers Agreement, to call a meeting in order •
to organize.
Your prompt attention to this matter would be greatly appreciated.
As you know, SPHNS goes out of business effective December 14,
1977.
J. T. Irving
JTI/da City Manager, Crystal
enc.
•
DRAFT 8/11/77
Reutsed io/g7n 9 '
JOINT AND COOPERATIVE AGREEMENT
ARTICLE I.
PARTIPS
The parties to this agreement are governmental units of the
State of Minnesota. This agreement is made pursuant to Minnesota
Statutes, Section 471.59, as amended, and Minnesota Statutes, Sections
145.911 to 145.922.
ARTICLE II.
GENERAL PURPOSE
The purpose of this agreement is to establish an organization
to provide, to the extent permitted by law, community health
nursing services and home health services in the participating
governmental units.
ARTICLE III.
NAME
The name of the organization established by this agreement is
the SUBURBAN HEALTH NURSING SERVICE. The name may be changed in
accordance with Article XII.
ARTICLE IV.
DEFINITIONS
Section 1. Subdivision 1. In this agreement the terms defined
in this article have the meanings given them.
Subd. 2. "Act" means Minnesota Statutes, Section 471.59 (the
Joint Powers Act) and 145.911 to 145.922 (the Community Health
Services Act), collectively.
•
Subd. 3. "Board" or "Board of Directors" means the Board of
Directors established by Article VII.
Subd. 4. "City" means a city located in whole or in part in
Hennepin County, Minnesota.
Subd. 5. "Council" means the governing body of a city.
Subd. 6. "Member' means a city which is a party to this agreement.
Subd. 7. 'Community health nursing services" and "home
health services" have the meanings given those terms by the Act.
{
Subd. 8. "Service" means the Suburban Health Nursing Service,
the joint and cooperative organization created by this agreement.
Subd. 9. 'Statutory cities" means cities organised under
Minnesota Statutes, Chapter 412.
ARTICLE V.
MEMBERSIIIP
Section 1. Any city in Hennepin County which has complied
with the provisions of Section 145.913, Subdivision 2, of the Act
may be a member of the Service.
Sec. 2. A city desiring to become a member shall execute a
copy of this agreement and conform to the organizational provisions
of Article VI.
Sec. 3. The initial members shall be those members who become •
members on or before December 1, 1977.
Sec. 4. A city desiring to become a member after December 1,
1977 may be admitted only upon the favorable vote of two-thirds of
the votes of the members of the Board of Directors. The Board
may in its by-laws impose conditions on the admission of additional
members.
-2-
Sec. 5. A change in the governmental boundaries, structure,
classification or organization of a city does not affect the
eligibility of a city, otherwise eligible under section 1, to
become or remain a member.
ARTICLE VI. •
ORGANIZATIONAL MATTERS
Section 1. A city may become a member by proper execution of
a copy of this agreement pursuant to authorization by resolution
of its City Council. The clerk or other appropriate officer of
the city shall file the executed copy of the agreement, together
with a certified copy of the authorizing resolution with the city
manager of the City of Crystal, Minnesota. The resolution authorizing
the execution of the agreement shall also designate the city's first
director or. the Board.
Sec. 2. This agreement is effective on the date when executed
agreements of cities whose population totals 100,000 have been filed
as provided in section 1.
Sec. 3. Within 30 days after notification by the city manager
of Crystal of the effective date of this agreement, the Mayor of
the member having the largest population shall convene the first
Meeting of the hoard, which meeting shall be held within 15 days
thereafter.
Sec. 4. The first meeting of the Board shall be the organizational
meeting of the Service. At the organizational meeting and at each
annual meeting thereafter, the Board shall select from among the
directors a chairman, a vice:-chairman and a secretary-treasurer,
who shall serve until the first annual meeting of the Board.
-3- -. �.
Sec. 5. At the organizational meeting, or as soon thereafter
as it may reasonably be done, the Board shall adopt by-laws
governing its procedures, including the time, place, notice for
and frequency of its regular meetings, procedures for calling special
meetings, and such other matters as are required by this agreement.
The Board may amend the by-laws from time to time. The Board shall
meet at least once each year and at such other times as may be
provided in the by-laws.
ARTICLE VII.
GOVERNING BODY: BOARD OF DIRECTORS
Section 1. The governing body of the Service is its Board of
Directors. Each member is entitled to one director on the Board.
•
Each director is entitled to one vote on the Board.
Sec. '. A director shall be appointed by resolution of the
City Council for a term of one year, beginning on January 1 and
terminating on December 31. The terms of directors appointed by •
initial members shall expire on December 31 of the year following
their appointment. Directors shall serve until their successors
are appointed and qualify. Directors shall serve without compensation
from the Service, but a member may compensate a director for service
on the Board if such compensation is otherwise authorized by law.
Sec. 3. The Board may
provide in its by-laws for the appointment
of alternate directors and prescribe the extent of their powers and
duties.
Sec. 4. Vacancies lu the office of director exists for any of
the red:;on:: set. forth in Minnesota Statutes, Section 351.02, or upon
(,.�; -4-
a revocation of a director's appointment by a member duly filed with
the Service. Vacancies shall be filled by appointment for the
unexpired portion of the term of director by the council of the
member whose position on the Board is vacant.
Sec. 5. A majority of the votes of the Board of Directors .
constitutes a quorum, but a smaller number may adjourn from time
to time.
ARTICLE VIII.
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. The powers and duties of the Board of Directors
of the Service are set forth in this Article.
Sec. 2. The Board may make such contracts and enter into
such agreements as it deems necessary to make effective any power
granted to the Service by this agreement. It may contract with
any of its members or others to provide space, services or materials
on behalf of the Service.
Sec. 3. It may provide for the prosecution, defense, or other
participation in actions or proceedings at law in which it may have
an interest, and may employ counsel for that purpose. It may employ
such other persons as it deems necessary to accomplish its powers and
duties. Such employee. may be on a full-time or part-time, or
consulting basis as the Board determines, and the Board may make any
required employer contributions on behalf of its employees which
cities are authorized or required to make by law. The Board may
designate a member to contract for services or purchases on its
behalf. The Service shall have no taxing power. The Board may
accumulate reserve funds and may invest and re-invest funds not
needed for current expenses in the manner and subject to the
limitations applicable by law to statutory cities. The Board may
incur obligations in excess of funds then available to Service.
Sec. 4. The Board shall make a financial accounting and report
to the members at least once each year. The books and records of
the Service shall be open and available for inspection by members
at all reasonable times.
Sec. 5. The Board may accept gifts, apply for and use grants
of money or other property from members from agencies of the state
or federal governments or from other governmental units or
organizations, and may enter into agreements required in connection
therewith, and may hold, use, and dispose of such moneys or property
in accordan.." with the terms of the grant, gift or agreement relating
thereto.
Sec. 6. The Board shall establish the annual budget for the
Service as provided in Article X.
Sec. 7. The Board may, in its by-laws, establish an executive
committee and may delegate duties and authority to such a committee
between Board meetings.
Sec. 8. The Board may purchase public liability insurance
and such other security bonds and insurance as it may deem necessary. •
Sec. 9. The Service, and its Board of Directors, shall have
and may exercise all powers relating to the provision of community
•
health nursing services and home health services which have been
granted to local boards of health pursuant to Section 145.934 of
the Act.
t •-
-6-
.
Sec. 10. The Board may exercise any other power necessary
and convenient to the implementation of the powers and duties 1
given to it by this agreement. g1g
ARTICLE IX. 3
OFFICERS
Section 1. The officers of the Board are a chairman, a vice-
chairman, and a secretary-treasurer, elected by the Board at the
annual meeting, for a term of one year and until their successors
are elected and qualify. New officers shall take office at the
adjournment of the annual meeting at which they were elected. An
officer must be a duly qualified and appointed director.
Sec. 2. A vacancy in the office of chairman, vice-chairman,
or secretary-treasurer shall occur for any of the reasons for which
a vacancy in the office of director shall occur. Vacancies in these
offices shall be filled by the Board for the unexpired portion of
the term.
Sec. 3. The chairman shall preside at all meetings of the
Board. The vice-chairman shall act as chairman in the absence,
disqualification or disability of the chairman.
Sec. 4. The secretary-treasurer is responsible for keeping a
record of all the proceedings of the Board, for custody of all funds,
for keeping of all financial records of the Service, and for such
other duties as may be assigned to him by the Board. Persons may be
employed to perform such services under his supervision and direction
an may be authorized by the Board. The secretary-treasurer shall post
a fidelity bond or other insurance against loss of Service funds
i I
in the amount specified by the Board. The cost of such bond or
insurance shall be paid by the Board. The Board may provide for
compensation of the secretary-treasurer for his services.
ARTICLE X.
FINANCIAL MATTERS
•
Section 1. The fiscal year of the Service is the calendar
year.
Sec. 2. Service funds may be expended in accordance with the
procedures established by law for statutory cities. Orders, checks,
drafts shall be signed by the chairman and countersigned by the
secretary-treasurer or such other person as may be designated by
the Board in its by-laws. Other legal instruments shall be
executed on behalf of the Service by the chairman and the secretary-
treasurer. Contracts shall be let and purchases made in accordance
1
with the procedures established by law for statutory cities.
Sec. 3. The activities of the Service shall be financed by
funds available to the Service under Article VIII, and as provided in
this section. The amount of operating funds necessary for the
fiscal year 1978 and for that portion of the fiscal year 1977 in
which the Service is established shall be established by the Board
at its organizational meeting and set forth in an interim budget
adopted at that. meeting. Each member shall be responsible for its
pro rata share of the interim budget costs based upon a per capita
charge as determined by the Board.
Sec. 4. An annual budget shall be adopted by the Board at its
annu,t1 meeting. Copies of the budget shall be mailed promptly to
the chirt administrative offices of each member. The budget is
-8-
deemed approved by the members except a member which has given
notice of withdrawal in accordance with Article XI.
Sec. 5. The Board in its by-laws shall establish a procedure
for preparation of the annual budget and the prompt collection of
funds due and owing from members. The budget procedure shall
provide that the budget be made available to members no later than
June 1 of each year.
• ARTICLE XI.
DURATION AND DISSOLUTION
Section 1. The Service shall exist, and this agreement is
in effect, for an indefinite term until dissolved in accordance
with section 3 of this Article.
Sec. 2. A member may withdraw from the Service by filing a
written noLic^ with the secretary-treasurer by June 1 of any year
giving notice of withdrawal at the end of that calendar year; and
membership shall continue until the effective date of the withdrawal.
A notice of withdrawal may be rescinded at any time by a member.
If a member withdraws before dissolution of the Service, the member
shall have no claim on the assets of the Service.
Sec. 3. The Service shall be dissolved whenever the
withdrawal of a member reduces total membership in the Service to
less than the number of members required for organization of the
Authority under Article VI, Section 2. The Service may be dissolved
at any time by unanimous vote of all the members of the Board of
Directors.
Sec. 4. In the event of dissolution, the Board shall determine
-9-
•
the measures necessary to effect the dissolution and shall provide •
•
for the taking of such measures as promptly as circumstances permit,
subject to the provisions of this agreement. Upon dissolution of
the Service all remaining assets of the Service, after payment of
obligations, shall be distributed pro rata among the then existing •
members and in accordance with procedures established by the Board. •
The Service shall continue to exist after dissolution for such
period, no longer than six months, as is necessary to wind up its
affairs, but for no other purpose.
ARTICLE XII.
TRANSITIONAL AND MISCELLANEOUS MATTERS
Section 1. The name of the organization created by this
agreement may be changed when deemed appropriate by the Board,
but only upon a 75% majority vote of the Board of Directors taken
at a regular meeting of the Board. If the name of the organization •
is so changed, the Board shall provide in its by-laws for necessary
measures to effect the change in official and unofficial documents,
papers, and other essential respects.
Sec. 2. It is the intention of the parties to this agreement
that the organization created thereby is the successor to the
Suburban Public Health Nursing Service now in existence, pursuant to
Minnesota Statutes, Sections 145.08, Subdivision 3, and 148.12,
Subdivision 2. It is further the intention of the parties that any
funds made available to the organization created by the agreement
from assets of the present Suburban Health Nursing Service shall be
used exclusively for the purposes of this agreement.
•
-10 •
-
•
IN WITNESS WHEREOF, the undersigned city has caused this
agreement to be executed by its duly authorized officers and
delivered, together with its authorizing resolution, on its behalf.
By
Its Mayor
By
Its (Clerk) (Manager)
Dated: , 1977.
Filed in the office of the City Manager of the City of Crystal, this
— day of 1977.
John T. Irving
City Manager
City of Crystal
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(rVav
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fnETrOPOLITnn 3
W11/TE
CO1!i!OL 1,2
ccnlsiii :on NOV 15.1977' Y
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c
November 3, 1977
_.�� Mr. Roger Ulstad
City Manager
City of Eden Prairie
8950 Eden Prairie Rd.
Eden Prairie, iii( 55343
RE: JOINT USE RENTAL AGREEMENT FOR 1978
Dear Mr. Ulstad:
In accordance with Section 4 of the Joint Use Rental Agreement No.438
between toe City of Eden Prairie and the Metropolitan Waste
Control Commission, such contract can be renewed by consent
of both parties. ++
We wish to renew for another year the Joint Use Rental Agreement
No. 433 under the same terms and conditions contained in the Agreement
which is presently in force between the City of Eden Prairie and the
Metropolitan Waste Control Commission.
The Renewal Agreement is enclosed in triplicate for your endorsement.
We have signed the enclosed statement as our intention of renewing
the Agreement and ask that you also sign and return to us two (2)
of the executed copies and retain one (1) for your records. Should
you have any questions or suggested changes to the basic contract
agreement, please contact us.
Your cooperation in accepting this renewal procedure is greatly
appreciated.
Very truly yours,
t(14A.,4,C(00444 Ih9 .
Richard J. ilougherty
Chief Administrator •
RJU:LRB:ba
Enclosures
cc: LaRae Bohn, Administrative Assistant, MWCC ,
George W. Lusher, director of Operations, MCC
John Almo, Interceptor Engineer, MMCC
(/`,ice !
. 0 A
•
STATEMENT OF AGREEMENT RENEWAL
JOINT USE RENTAL AGREEMENT NO. 438
The Metropolitan Waste Control Commission and the
City of Eden Prairie agree to renew the Joint Use Rental
Agreement No. 438 under the same terms and conditions contained
in the Agreement which is currently in force between these
parties. The Renewal period for Joint Use Rental Agreement
No. 438 shall be January 1, 1978 - December 31, 1978.
That both parties agree to the renewal period and
terms is evidenced by the signatures affixed to this
statement.
FOR THE CITY OF EDEN PRAIRIE FOR THE METROPOLITAN WASTE CONTROL COI/MISSION
t) �•uS>
(Title) JosedD. Strauss, Chairman
✓01,1•.2i'�`
(Title) Richard. Doughe�ity, fief Administrator
Dated Dated / 0//c/77
RICHARD W. ANDERSON
ATTORNEY AT LAW
6700 EXCELSIOR BOULEVARD NOV 1 i 1977_
MINNEAPOLIS.MINNESOTA 55426
T2LI AOME le121 933.6622
November 16, 1977
Mr. Roger Ulstead
City Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55343
Re: Crosstown Industrial Park
Dear Mr. Ulstead:
I would like to request that you place the platting and zoning
permits regarding the above development project on the agenda
for the City Council's next meeting.
If you should have any questions, please feel free to contact
me.
Sincerely,ez2efgill/Sdide,"_,
Richard W. Anderson
Developer
RWA/kp
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1'1 m' n° • of PCui
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V
G.---,-.,, P.O.DOX 1700 • TWIN CITY AIRPORT • MINNESOTA 55111
OFFICE OF EXECUTIVE DIRECTOR • PHONE(612)726.5770
November 23, 1977
Eden Prairie City Council and Mayor The Flying Cloud Businessmen's Association
and City Manager and Minnesota Aviation Trades Association
and Chairman of Planning Commission and Minnesota Business Aircraft Association
The Honorable Wolfgang Penzel Thunderbird Aviation
6932 Barberry Lane Flying Cloud Airport
Eden Prairie,MN. 55344 10110 Flying Cloud Drive
Eden Prairie,MN. 55344
The Honorable William Bye
6530 Leesborough Business Aviation Services Corp.
Eden Prairie,MN. 55344 14771 Pioneer Trail
Eden Prairie,MN. 55344
The Honorable Joan Meyers
6930 Boyd Avenue American Aviation Company
Eden Prairie,MN. 55344 Flying Cloud Airport
10000 Flying Cloud Drive
The Honorable Sidney Pauly Eden Prairie,MN, 55344
17450 West 78th Street
Eden Prairie,MN. 55344 Elliott Beechcraft
13801 Pioneer Trail
The Honorable David W. Osterholt Eden Prairie,MN. 55344
16344 Ederwood Drive
Eden Prairie,MN. 55344 Flight Training Center
10100 Flying Cloud Drive
r.,..Mr. Roger Uistad • Eden Prairie,MN. 55344
City Manager
Village of Eden Prairie Lake Line Helicopters,Inc. •
Eden Prairic,MN, 55344 13601 Pioneer Trail
Eden Prairie,MN. 55344
Mr. Rod Sundstrom
Chairman of Planning Commission G & R Aviation
Village of Eden Prairie 13601 Pioneer Trail
Eden Prairie,MN. 55344 Eden Prairie,MN. 55344
•
(,(.I 2(t
MEIN I.°CAT ION--6040 281h AVE.SO.-WEST TERMINAL ART A-MINNEAPOLIS-SAINT PAUL INTERNATIONAL AIRPORT
2.
Modern Aero of Minnesota Gary's Aircraft Sales,Inc.
148o1 Pioneer Trail P.O. Box 1219
Hopkins, MN. 55343 Hopkins, MN. 55343
Minnesota Aviation Trades Assn. Arthur C. Tomes
Box 23144 Minnesota Business Aircraft Association
Minneapolis, MN. 55423 2409 Oakwood Drive
Burnsville, MN. 55337
My Dear Ladies and Gentlemen:
The Minneapolis-St.l'aul Metropolitan Airports Commission at its regular scheduled
meeting of Monday, November 21, by unanimous vote, extended the closing date of the
Flying Cloud public hearing on Ordinance No. 51 to January 15, 1978.
This action was taken to provide sufficient time for an Ad Hoc Advisory Committee
to be formed for the purpose of reviewing and discussion of Ordinance No.51 and
all of the issues contained within this ordinance, and after completion of its
deliberations to render a written recommendation to the special hearing panel
which conducted the public n:eeting. It is in this interest the Commission is
writing you to solicit your help in forming this committee.
The written recemoz ndetion of the Ad Hoc Advisory Committee will be included in
the evidence and testimony gathered through the public hearing process: Thus,
the position of the Ad Hoc Committee will be considered in the recommendation
made to the full committee by the special hearing panel.
The Commission's final decision in this very important, but difficult issue, must
give careful consideration to the environmental concerns of the surrounding environs
as well as compiying with the mandate of the MAC organic law to adequately and safely
serve the needs of air commerce. The Commission believes that the Ad Hoc Committee
will be of significant help in arriving at a fair and equitable decision.
Accordingly, the following is submitted:
1. The Flying Cloud Ad Hoc Committee will be'promulgated for a period of one month,
and the Commission would suggest four meetings to be held. The Commission realizes
that the major holiday season is forthcoming and is also aware of the heavy meeting
schedule that the Eden Prairie City Council has undertaken, but if it is at all
possible, the Commission suggests that the meetings commence soon in order to
obtain sufficient time to prepare a written report in early 1978. The initial
meeting date and location in Eden Prairie would be decided by the Council. The
committee can then pick the subsequent meeting nights.
2. The committee shall be comprised of 24 persons. Twelve members to be appointed
by the Eden Prairie City Cuo cil in concert with the Mayor. Twelve members would
be appointed by the Flying Cloud Businessmen's Association in concert with the
Minnesota Aviation Trades Association and the Minnesota Business Aircraft Associ,itio
The Chairman and the Vice Chairman of the committee are to be elected by the member-
ship at the first meeting and shall serve for the remainder of the committee dura-
tion. The Metropolitan Airports Commission will furnish secretarial assistance
(:'
3.
and will prepare the minutes and records for the committee.
3. The committee shall hold all of its meetings In public, but not for the •
purpose of taking additional public testimony. If additional public testi-
mony is offered, it should be through a representative serving on the committee.
The Metropolitan Airports Commission is prepared to offer an appropriate meeting
room at MAC Headquarters on 28th Avenue South, Minneapolis; however, it is realized
that this meeting spot may be inconvenient. Therefore, if it is possible and
available, the Eden Prairie City Hall or a school building with suitable meeting
facilities would undoubtedly be preferred.
4. Mr. Ed McGaa, Manager of Secondary Airports for the Metropolitan Airports
Commission, has been designated by the Commission as Coordinating Officer
for this project. It would be appreciated if you could send him your
nominees so he may coordinate activities leading to the first meeting.
Mr. McGaa's address is as follows:
Mr. Edward McGaa,Managerof Secondary Airports
Minneapolis-St.Paul Metropolitan Airports Commission
6040 - 28th Avenue South
Minneapolis, MN. 55450
• Office Phone: 726-5798
Home Phone: 881-0670
5. As Executive Director I have been instructed by the Commission together with
Commission Counsel to address the Committee at its first meeting outlining the
committee's responsibility and to provide any pertinent information the committee
may desire to use in its deliberations. After the initial appearance, neither I
nor any of MAC Staff will be involved in the meeting process or the Committee's
deliberations in any way unless the committee makes a special request for assistance
The Metropolitan Airports Commission deeply appreciates your interests and willingness
to help find an equitable solution to this very difficult problem. We offer this
approach toward finding that solution as an indication of our willingness to consider
all concerns with trust that the excellent relations we have enjoyed with Eden Prairie,
the Flying Cloud tenants can continue in the public's best interests. Thank you in
advance and looking forward to an early response.
Very truly yours,
//PZ.Zea
R.G.Glumack re
�
Executive Director
Enclosures cc: Lawrence McCabe,Minn.Dept.of Aeronautics
therm Booen,MATA
Waldo Anderson,Pres.MATA
Ross Thorfinnson,Counsel for Eden Prairie
Chairman Frank P. Befera
Larry Cohen,Commissioner
Susan McCloskey,Commissioner
Gertrude Suel, Commissioner
Chief,GADO-FAA
/ ;_',f, ChIef,ADO-FAA
John Cyrocki,AGL-1,FAA
•
MEMCRANDUM
3
Subject: Background Information Ordinance 51
The purpose of this memorandum is to provide information and background of the
circumstances that lead to preparation of proposed Ordinance 51 restricting jet 1
operations of Flying Cloud Airport.
1. During the Flying Cioud Master Plan Hearings in 1976 in the City
of Eden Prairie concern was expressed that any extension of the
runways at Flying Cioud Airport would allow extensive operation
by jet aircraft. The Metropolitan Airports Commission Staff
•
assured the city officials that an operational plan would be
issued that would restrict jet operations to those aircraft
that could meet FAR 36 noise standards. However, Bascu's jet
operations would probably have to be "Grandfathered" in because
they had been operating at Flying Cloud for a considerable length ;
of time with little adverse impact. Subsequently the Flyir;g Cloud
Operations Manual was approved by the Commission limiting jet operations
to FAR 36 aircraft.
2. In July 1977, Flight Training Center (FTC) proposed operating a
Lear jet aircraft at Flying Cloud for the purpose of student training.
•
FTC was notified by letter that their proposed operation was contrary
to the approved Operations Manual therefore was not authorized or per-
mitted by the Commission.
3. Flight Training Center,Inc. filed a lawsuit against the Metropolitan
Airports Commission seeking to prevent the MAC from prohibiting FTC's
proposed operation at Flying Cloud Airport. FTC's complaint alleged
that (a) The MAC's Flying Cloud Operation Manual Section 4.22D prohibiting •
jet operation at that airport was not properly promulgated pursuant to
•
Minn.Stat. 473.608 Subd. 17 and that (b) the "no jets" provision was
•
being "selectively enforced" against FTC in that other jet operations
were allowed at the airport. A hearing on FTC's Motion for a temporary •
/ l/
1
injunction was held before the Honorable Jonathan Lebedoff on
July 21, 1977, following an earlier summary hearing at which the
Court refused to grant FTC a Temporary Restraining Order. At this
time, the City of Eden Prairie was permitted to intervene in the
lawsuit.
On July 27, 1977, Judge Lebedoff issued his Order in response to
FTC's Motion for a Temporary Injunction. The Court ruled that FTC
was not entitled to a Temporary Injunction inasmuch as FTC was unable
to establish that it would be "irreparably harmed" by not being per-
mitted to operate at Flying Cloud because the MAC had made Holman
Field available to FTC for its proposed operation.
The Court also ruled that the MAC was required to follow the procedures
set forth in Minn. Statute 473.608, in particular, the requirement of
a "public hearing" before the MAC can permit any jet flights at Flying •
Cloud. The Court stated:
"Accordingly we believe that all jet aircraft
operations, including but not limiting ourselves
to training programs, are not authorized until
such time as they are allowed by the Metropolitan
Airports Commission after following the Notice and
Hearing Procedures set forth in the statutes"
(Emphasis added)
4. As a result of judge Lebedoff's order, Business Aviation Services
Corp. (BASCO) was notified that no jet operations will be authorized
and they relocated their operations to Wold-Chamberlain Field.
(t
5. The proposed Ordinance 51 was submitted to the Metropolitan
Airports Commission Operations and Environmental Committee on •
August 29, 1977 with the recommendation that the proposed
{
Ordinance be received and a Public Hearing be authorized. The
Commission approved this recommendation and the Public Hearing
was held on November 1, 1977 after appropriate Notice in the
Newspapers and by direct mailing.
METROPOLITAN AIRPORTS COMMISSION
a
3
ORDINANCE NO. 51
i
An Ordinance of the Metropolitan Airports Commission relating to the
management and operation of its airports, adopted to promote the
public health, peace, welfare and safe operations; restricting the
operations of jet aircraft at and from Flying Cloud Airport; and
prescribing the penalties for violation thereof. i
1
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The Metropolitan Airports Commission,. sometimes referred to as the
Minneapolis-Saint Paul Metropolitan Airports Commission, does ordain:
Section 1. DEFINITIONS. The following words and phrases, when used
in this Ordinance, shall have the meanings respectively ascribed to
them in this section.
1.1 AIRPORT - Flying Cloud Airport, a public airport owned by
and under the supervision, operation, direction and control
of the Commission, and located in the County of Hennepin
and State of Minnesota.
1.2 COMMISSION - The Metropolitan Airports Commission, a public
corporation and agency of the State of Minnesota.
1.3 JET AIRCRAFT - Any jet-powered contrivance now known or
• hereafter invented, used or designed for navigation or
flights in the air, included in the Group II category of
aircraft under Part 121 of the Federal Aviation Regulations,
and owned and/or operated by (a) certificated air carriers,
(b) commercial operators, (c) corporation, partnership,
association, flying club or other person using the same
for compensation or hire or for personal use.
1.4 PERSON - Any natural person, corporation, partnership,
association or other legal entity having legal authority
over the operation of jet aircraft to, at or from the
airport or who is in actual control as pilot of such
aircraft.
Section 2. JET AIRCRAFT OPERATIONS. Jet aircraft operations except
as hereinafter permitted and all flight training involving the use of
jet aircraft are prohibited to, at or from the airport.
2.1 Jet aircraft 20,000 pounds or less maximum takeoff weight .
that can meet the noise emission levels of Federal Air
Regulation Part 36 shall be permitted except when used
for flight training in jet aircraft use.
•
2.2 Emergency operations or operations required by
•
Federal or state law shall be permitted
•
Section 3. PENALTY. Willful violation of the terms hereof .by any
person operating or in legal control of aircraft shall constitute a
misdemeanor and upon conviction the violator shall be punished by
sentence within the parameters and to the maximum penalty for mis-
demeaaors set forth in Minnesota Statutes, Section 609.C31 or as
the same may from time to time be amended.
Section 4. COMMISSION RIGHT TO ACTION. Prosecution and conviction
under this ordinance shall be without prejudice to and the Commission
shall have such civil rights at law or equity as airport owner and
operator and as persist under agreements now or hereafter in effect
between it and persons having legal authority over and control of
the operation of jet aircraft to, at or from the airport.
Section 5. SAVING CLAUSE. If any part, provision or provisions of
this ordinance shall be held to be unconstitutional or otherwise
• illegal, such unconstitutionality or illegality shall not effect the
validity of remaining parts of the Ordinance, and the Commission
hereby declares that it would have passed the remaining parts of
this ordinance in any event, had it known that such part, provision
or provisions might be unenforceable because unconstitutional or
illegal.
Section 6. EFFECTIVE DATE. This ordinance, upon its adoption and
upon filing of the same with proof of publication with the Secretary
of State of the State of Minnesota, shall thereupon be of full force
and effect.
•
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MEMO
'I'0: Mayor Pen;.el and Council
'01RU: Roger K. Ulstud, City Manager
FROM: Marty Jessen, Director of Community Services/ J ,
RE: Possible Purchase of Small Dozer
DATE: V,r,, her 30, 1977
When the grading equipment was leased for the Preserve Playground Development,
the small dozer was bid with the option to buy. The terms were $1,000.00 per
month lease applied to a $14,300.00 total purchase price. After a three month
lease the City can now purchase this piece of equipment for $11,300.00.
During the construction at the Preserve this has proven to he the "best" piece
of egm;.'• ant in t,'nms of its good running condition. It caused little or no
trouble and has an ext '&;cly hardy piece, of equipment. Ray Eris has looked at
it clu<ely and feels it is in good condition and should not cause any unusual
maintenance.
It is a I973 10-7 International (5hp "small" dozer with a 7'g foot blade. It is
ideal Car trail con'truetion :in,' finish grading,. ft could also be used extens-
ively in •liaidi;n Put,'h I'lm Disease trees out of ragged areas. (Staring Lake Park,
Purgatory Crook, etc.) Cur current lease cost is $S0.00 per day. In addition,
the City pay for fuel and minor i..ainteua nce. The City will have to rent
equipment ❑gain in l973 for the Fdenvale Playground, Round Lake Park, and trails.
The cost of this piece of equih.aent could be charged against the grants for these
projects. (assume five deaths grading at $1000.00 per Month equipment rental.)
An additional four to five months could be charged against the tree disease
control program and reinhursed by the state. Using these assumptions, it appears
that the capital cost ($11,300.00) of this equipment could be "paid off" within
two years.
RhOYT'!'\P\TIONt
That the City authorize the purchase of the International Dozer for $11,300.00.
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D:r„ c•, till
CITY (4' i.^:.N 1`F::'aliITl:
lip N c arUN'I'Y, lll!.':I;SOTA
RESOLTUTON NO. 17-152
A RESOLUTION APrl aV I NI; FINAL PLAT
OF UKE EDEN NOR'ill I LA'I' 'I'IIHt-1
WHEREAS, the plat of Lake Eden North Plat 'Tree has been submitted in the
1^..II nor required for platting oiler the F:,lan Prairie Ordinance Code and under Chap-
ter 462 of tell Minnesota Statutes and all proceedings have been duly had thereunder,
and
ld8EMAS said plat is in all I-'pats I.rei:.i:-dont with the City plan and
the regulations and r rii• : ia•; of tie ].,:;:; of the State of Minnesota eel ordin-
ances of Ito City of 'L,n Prairie, •
NOW, 'lle.,o.a0;E, al, IT RI: O,VY.D 01 THE CITY COiNCTL OF 'iii!•. CITY OF EDEN
I'^r.AIRII7:
•
A. Plat Approval IL lost for Lake Eden North Plat Three is approved upon
co,spliance with the recommendation of the City Engineer's ?;,:port on
this plat dated November 29, 1977.
R. Variance is .,amain yre:nled from City Ordinance No. 03, 1',ec. 8,
hitr-i. 1 saiving the ';ix math n:jai r,rn l ioGa elapse h•;t.wan the •
alim''v l ,late of th,.p e-li:ninary plat and filinu of the final plat
as dr:.reihod in said Engineer's Report.
C. -its.. the city Clerk is hereby directed to file a certified copy
of thi'. 1H.,dtilion in the office of the C•.•a1i.nst.•-r of Cur l; farm/or
1t,-lf.Lr.:r nl: 'I'irl• S 1a,r 111.-,ir to:c ,I; „,lvi•r4 Ly :1 '02.3i'1,
aui.l, 3, 1• ;.hrr with the "II.'a•l.ar.lt i,ii or c'iv,•na:it,,
tio;a3 '1-ti it
D. That the City clerk is itelahy diti',:tcd to supply a torfifi,d copy
of this: R,'s-olul.io❑ the owners ;and subdividers of the above named
Plat.
E. Thaat. Itt, Mayor and City Manager are hereby authorized to execute
the G•rt.ifirate of Ala1tov.-al. on behalf of the City Council upon cum-
plinnce with the foregoing provisions.
ADOPTED by the City Council on
•
Rot l it y H. Prnzel, Mayor____
AT'TT':;T: SEAT.
JohnD. Plane, Clerk ....___
C ,'!1
•
CLTY PrAIME
ENGIWRiNG 5r.rt.c51 UN rt!nr, NAT •
rayor Peni:el end Members of the City ccuneil
t,111timjc,i1: Pogcr Ulstarl, City ,,lanager
fi
If-;!•1: Carl aullia, City En9inoer
DATE: 29, 1
1 :t P h 11,3 t
hwy i:: rcinn3tin,3 city Council ;111rOVAll. of the
mi h Tliteo." l'his if; a 22 lot sin-
,,i yIS n i al plat (..i1-13.5) whi,2h is ii rcplat of Ontlots
A o of the fj,at .1.1lition of "Lake Eleil North."
11Cifc1riY: '111-yr Prot y Plat (preview:ly called Lake Eden Heights) was
ai•prov,i,1 gin Poch 12, 1924, per Council Nei,oltit ion 14826.
11-13.!i ly I, rt!Tro‘nd on PI' 14, 1974,
,,n,1 ;11 the to ,c,s of the "Re-
datel Py 5, 1914,
final Plat- or "1,-,ke Men North" was approved on May 28, 1974,
e ::•
- I P ; • th the approved
v.,i i.,•,c, ti,o, city (ht?ir.,,,ie.! No. 1115 for lot aroa nil sethacks
hive by 1:' 11 I y ISIS 1oor ,;aid "Fl,zoninq kieooment" of
ly (3, 1,14.
•
thethlTil1S AND reanicipal sanitary sewer, watermain, storm sewer,
concrete eitrh Titin and hi tuii 111.15 surfacing will be installed
thronolimill. the developi,.ent in accordance with City standards.
The A',- cillion for thi:: dvveleL.,tent shall be respcnisible •
Fr ma intaininti drain.nie ponds within this plat. Such maintenance
•
11.111 include rcrioval, mosquito and odor control.
The 'it ri II apprOl, 1 with the Preliminary Plat and has been
i,v,proc, 1 )q IL iCe.
itS trriM•o'rIc'4: 1 o.1 'tiii it lea open :Taco and ttailway
111,•:1;11 Prt V1011,3 f lia )Slo,1 ,diitions.
•
The l omeowners As:;nciation for this Mat shall agree t.hat all trail,-
ways and greenways will be maintained by said association with right
of public use.
A cash dedication of $275 per lot in coufolnance with Ordinance #332
will be required. The total. amount for this plat will be $6050, pay-
able upon issuance of building permits.
BONDinG: A performance bond or latter of cte'iit: approved by the City
Attorney shall 1.0 posted to cover the coast, of sanitary sewer,water-
main, storm r;,•6• r, concrete curh and gutter, bituminous roadways and
street signs in An acconnt approw'd by the. City Engineer.
Iti;C'c't,',;•.-:.n:-„ic:?.. Fc•..,.. ;r3 .:l.. roW,l. of the Final. Plot of "fake ;:den North
1'l.it 'it a. ,abj••ct to the requirements or thir, :oi,ntt :ud the follow-
ing:
1. Execution of the "Developer's T:grec:aent."
2. Receipt of fee for City Engineering services
in the amount of $660.
3. receipt of petition for street lighting.
4. riol_ tive coveninia .utd :t ie_t.inns roist he
tiled in conjunction with t.i:a final plat.
CJJ:kh
•
•
•
t P
ri-'cr.tyb_,r 6, 1v17
CITY OF I.II.N PRAIRIE
IIr:N:Jla'(N 121 i i I'Y, 141.1•..,:.':(iTA
RESOLUTION NO. 77-153
A RESOLUTION APPROVING FINAL PLAT
OF NORS0:MAN IIiDUSTR1AL PARK SECOND
ADDITION
ialErI:AS, Mc plat of Norseman industrial Park Second Addition has
been ..cJ<iiI t,•d in a , .ru)er rainir.'d for platting land under the Eden Prairie
0r,1in.,awe co and e•.•1.. r Chapter 462 of the i-iinn•.•:;ota Statutes and all pro-
•
c,li,:•;:; ii,•.,. !•. htd I nu.1rr, :,nd
:1 E,\S', ..;,1 plat is in all rc::1,.cts consistent with the City plan
nand the ,,•yul Pions .rn1 r,•,iniror.:,•uts of the laws of the Slate of Minnesota and
or ile.Jn,:es of he City of C.ien Prairie.
•
•
'IIi10.1TORE, BE IT RESOLVED BY THE CITY COUNCII. OF 'PRE CITY OF
1?D1;11 PRAIRIE:
A. Plat /..m.roval Request for Norseman Tnau:,trial Park Second
r.. „ 1 upon with the relic... , ndat ion of the
City , a;ineer's Popo,I. on this plat tlo..to,l I)rc,r.-hor 1., 1977.
That Ihi, city Clerk is hereby directed to file a certified copy
of this Resolution in the office of the Register of Deeds and/or
1.1r of Titles for IS Or use as required by NSA 462.358,
�1.1. a.
1. 'I'h'tt. ILe City Clerk i:; h!•:,•l,y directed to a r,•ittile,l cui,y
ion to the , .:;,.?rs .trid Sit bdivi,l,•rs of the aboVe mined
plat.
D. That Cite 11ayor and City II.1n jer are hereby authorised to F.xocut:e
the crrti.ficato Of approval on behalf of the City Council upon
compliance with the fa-eyeing provisions. •
lit i'KD l:y t he City Council on
•
Wol fang N. Pen::e], Mayor
SI'AL
.1.I11a I). I'n n t'1, •1 •
( I/
CITy EDEN PEATRIE
ENGT N1.:ERING EEpoirr ON FINAL PLAT
'AO: Mayor Eenzel and Members of the City Council
THPOUGII: Roger IJistad, City Manager
FhOM: Carl Jullie, City Engineer
DATE: Di c::,-131.!r 1, 197 7 •
't)i!:-'1'41111.• :..)01TTON.
rorl icy )(olio, 15 rogoost ing Final Plat approval
of r.,L!:,tri.al Park Socond AhrhiAddition. The 16 acre plat will •
d into 4 lots (1-2 Park) of approxiinataly 4 acres each. •
: Iv) to 1-2 Park was finally read and approved on October 4,
077, per O:di sauce No. 77-19.
The min,j .,.9.totnuont for Norr3,_inin Indu,,:trial Park Second Addition
ii nolol,r 13, 1977.
V.'1h:li‘NcE:;: !•.g baak or lot siv.e yariancos ne,:e,3sary
trrtL1T1ES AND :1ThEETS: 'rho developer has hired a consulting engineering
film to rovi....v the preltininary deli of the utilities and st toots
to ,i,nvo I his that the developer may ••
hm tho City for int,11111“n of 1.11,:lo •
1,.1- frior of fi.ird 'c.olls for
Ihi ; pl.,t, 1.1.1•:t snbli t a 1 00"., pot it ion for 1.•,,o t,quirod
• ill ,.17 ,repo r bond ing 1 Lc. for.
•
r.dio. :.,11 ro,:,1%..ly right-of-way shown on the fi nal pi at conforms
•
.,• iii iv. ii15 lit forth in items 1 and 5 of the "rezoning
."
rnK orn rc..-vi•him: Park dedieat on for this plat shall conform to the re-
qaiicmonts of Ordinance No. 132. The fee for industrial use is
$1,200 per ,icre ,ind will be payable upon i:::luance of building permits
Recommend ‘iiiihoval of the final plat of "Norseman Indus-
trial Park SeConil Addition" subject to the requirements of this
lopoit and approval by I Nrnnopin County llighway Department.
•
•
•
•
•!
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, Ni
RESOLUTION NO. 77-154
A RESOLUTION APPROVING TIIE PRELIM NARY
PLAT AND FINM, PLAT OF NYL;REN
WOEPEAS, the plat of Nyqren F.,;tates has
submitted in Ow ; Inner rcquirod plairiny land under the Edon
Flairio 1tell Ch.vtor 103 of the Minnota Statutes and
•111 rro, had tliorctioler, and
is in all rocts ,:,,n,.;i:ftent with the city
Plan and ill.e r10011 lets eel regniv,roc.nts of the two of the State of Riffle-
,(oLa and (nair.oaces of the city of Eden Prairie.
FOW, Tii •RRFORE, BE IT RE:OLVED BY THE CITY COUNCT.L OF THE CITY
OF
A. Pl:,t 7rve ust for Npjf,41 f!,:tAteS is hraoin approved •
((I;m p to with ItDi J•t'i.tl of taw City Engineer's
Itoport. on this plat dated Euv•, Or 30, 19/1.
n, ihat the City clerk is hereby directed to file a certitind
copy of this Resolution in the office of the Rogister of
Dteibi al/or Regista-ar of Titles for their use as rtaplired
by SIONl. 3.
c. alaa. 00 city (lork is 14 10 rupply A coitified
4,,py of it Ro:;,31ution It) the on,.•rt: And Silt)divid,Ls of the
“Ivo 1,Lood rlat.
D. the :tayor and City Vanagor are horoby aulliuci.4od to
Estee it tho certificate of approval on behalf of the City
ADOPi'ED by the City Council on
•
Wolfgang H. Ponznl, Mayor
XL ItOIT:
SFAL •
lobo D. E).alo, 01,11:
•
CITY OF iHttt•RAIJ<IF;
ENGINEENTP.; RI:Pt)ia ON PRELIMINARY
AND FINAL HAT
Mayor 11,9,:i.el and 11/iinlicrs of the City Council
Roger Inst.id, City tilanaqer
.•
1•Nom: Carl .1911i.t, City Poginti.er
DATP: 11.ivtinli,,r .10, 1.917
SlindsuT: Ji i'.•1.ti
TL• .1 t -‘1.1':•t illy city ,:',,117IC apprtiVill
of 11.0 h16.11. Litt "Ny•iit,n ''his is On
8 it :jar', plat (1-.1-11.5) south of
by anii East of 11,,ilivicw l'onas) in Section 7.
plat oi•,oved nit r1eptcii,ber7, 1976,
1181. the in.ixilouni iiionth
f,oil p:01iLiiii.ey I lat. 1,, rHAI Plat ari”tw.:1,4 of ()Cai-
n 03.
•ri It'd to tlt Planning Commission anil approved
lit, 1977.
'holly ri iii .11•H (;11,•r: .18, 1976,
hy I is- y H i I pi," Iid r.•nce No. I/O.
plat Einal Plat now -.id.3i1ted conforms with provious
lb o I'hack or lot si re variances will. be allowed for this plat.
1.1-111,1111T, ATM kkvoloper 11.1S t,iibinit tql a 100% petition for the
iit tool-, it i 1 it.y anit itiplovoinents necessary for this plat. A
rigiott p10'3107ifi for those imi.roverrientS.
•
'1,11i•te I I 1,0 ,Iriveway or liirk,01: access allowiA from Valley View
•
Rodi.I 1,, the plat I od 111.0.1. All 110:1‘.•:: out front on the street locatod
wit 1,hi tho plat.
PAIL 1)1-..1)1(.7\ in lion of land ,1odicat ion shall he due per
,i ?tin,: 1:o. 111. 'rho I.a, trilli• 1 $315 lot ,hie upon issuance
lininlitig
it
• 1-.• • tv y. 'rho inimt to pay
, • r. •.i rr;',., A rIr it. rt. t imirrovr.rtit•itt.r; Will.
Ito
r•Art iI .r;•-rt r. I r .r•.o ttt. t i 'lit.l
ttr r'r r. ir I AL,t ovo I of tho final plat of "Nygren Eiitatos"
•,,eij,.9. to 11, of this t.pOt't. •
)
Oc r 6, 1977
•
CITY DF PPAIRIN
IlL'JNEPIN COUNTY, MINNE;;DTA
REsoLuvoti 00. 77-155
RESOLUTION RECE IV INC; 1001 PET FTION,
ORDERING IMPROVEMENTS & PREPARATION
OF PLANS AND SPECIFI cAT1DNS OR PUB-
LIC I I )VE 'WT i N THE weGNEN -
TATES ADEnTiori, I.C. 51-316
1a:i01,Vi•;{) by the Eden Prairie City Council:
1. itoc.....ut•rs of 100% of the real priv•ity .;butting upon and •
to La 1 eli Ited f out the proi,oned Ee•.-..er, water and street
ti in the Wyq cell Ent t A flit.i on, I.C. 51-31.6,
.,n i tol.11 cost: of $40,000, hive petitioned the
City (."'w. Yil to ::id imItrovcents and to : is
the •oti;o cost titinst their ptoporty.
2. Purnutnt to M.S.A. 429.031, Sulxl. 3, and upon roeurt.r.endation
of the City Emjincer, said improvements for Nygren Estates Ad-
dition, I.C. 51-316, are hrtiy ouit,rod and the City Engineer,
*di th the .isniStance of Eiehe Carroll !luller Assoc., Inc. shall
.preptro ;:1 inn ona tToeiri....ttons for iill,iov,rontS in ac-
, rdanee with City !,:tdndooln uid o,lvortise for bid.; thereon.
3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby
diro.tted to palninh a copy of this resolution once in the al-
fithr i -oid-roet lee cen.;tritot ion of
j i.,:"...n...b•ott; -1,111 not 1,0 .nprev1 by he City
or to in ‘1.•,yn 1 loaH,,i 1,11 1 ic.n7ion ot. lIt;3 tonolution
In
by the City Council. of tha City of 1,1.-tri Pi::::11)::10 on
Eel fq,110 II. Penzel, Mayor
ATIEST: SEAT,
. . .
John D. I i , ilk
tt
I 1••.;t ••r of r, 5•;- ••••li 1 frairio,
' ni ft•r in . I 1t.in f •.1,2 for
t •;•,;,•,t i •., ••••;. r t t••• bu tani • and „uttcr,
I I.( vo ,.;.y ri .";.1,3 for a public bear ice.";
(
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/ • ,'/"
, /. •
„ .
•
6;0 5-3
Dec. :,Ler 6, 1977
CtrY OF t.o).N PRAIRIE
HENN tPIN COUNTY, NINN):S171'A
RESOLUTION NO. 77-156
RI:SOLUTION RECEIVING FEASIBILITY REPORT
AND CALLING FOR A HEARING (I.C. S1-316)
WHEREAS, a report has boon given by the City Engineer to the
City Council on Dcc. 6, 1977, reucaanonding the following improvements to
wit: •
51. )11', Wilily and .tram improv,:n.,nts
for the ,'0,.,,O ry Vista Addition at Duck Lake Trail
and W. lt,8t11 Ave.
NOW, 'i lF:IO FOt*, HE 1T RE OLVED BY TIIE EDEN PRAIRIE CITY COUNCIL:
1. The Council will consider the aforesaid iraprov„rents
in accordance with the report and the assessment of
property abutting or within said boundaries for all
or a portion of the cost of the improvement pursuant
to M.`).A. Sect. 429.011 to 429.111, at an estimated
Io1-al cost of the ir,p-ovcIoents as shown.
2. A public heating shall be held on such pr:o;iosed
improvement on the 7th day of February, 1978, at
7:00 Y.M. at the Eden Prairie City hall. The City Clerk
shall, five published and mailed notice of such hearing on
the i I1,rov,:IeOl-S as required by law.
{;id','iCI) ly the Eden Prairio I LLV.council on
Wolfgang H. Penrel, Mayor
SEAL
ATTEST:
John 1). P,are, Clark ------ —V
TO: Roger Ulstad, City Manager
FROM: John D. Frane, Finance Director
DATE: November 30, 1977
RE: Bonded Debt
Restructuring of our bonded debt has been a concern of the City
for some time. Refinancing was thought to be impossible because
of new regulations of the Federal Government, however, a method
was found in August of this year.
In visiting with our financial consultants, Ehlers and Associates,
they advised us that a refunding of our debt should be made after
our bond issue of September 20th. When the school referendum on
October 4th was successful, Ehlers advised us that the optimum
time to refund would be between the bond issues for schools, the
first of which was on November 29th and the second tentatively
scheduled for March of 78.
11/30/77
JDF:bq
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
December 6, 1977
CONTPACTOR (Multi-family & Comm,)
•
Rutledge ConAgetion Co.
V. T. Zetah
(TArPATOR. (1 2 F.,61y)
V. I. 7,1.M
O. K. Servies
David S. G.:tr.s (')itrqt:tion, Inc.
Miller D,volci.atont corp.
B. J. BuiLiors, Inc.
Balmer Centftrutlion
Jensen Po:Ics, Inc.
Wel,:on-i,entb-rg Co.
B
ON C\T.i LiçuliH
(1,r).jh i a i;11,111 of u 0
These licon,,s have boon approved by the department head responsible
for the licensed activity.
Robocca Quornomoen, Deputy Clerk
7
November 1e, 1917
TO: Roger Ulstad
FROM: Keith Wall lam'
SUBJECT: Genghis Khan License Renewal
We have reviewed the Genghis Khan renewal application for an on-sale
liquor iirense and our file concerning their operational conduct during
1977. Our file contains recent charges filed by Public Safety Officers
alleging the sale of liquor to minors, These charges include 13 counts
of sales to miners who ranged in age from 15 to 17 years. The purchases
wade by the individuals involved took place in booths and at the bar.
Because the quantity of similar violations was substantial, our department
is of the opinion that a general course of poor business conduct was
clearly established during our investigation. Therefore, we would
respectfully urge the City Council to include our findings in their
consideration of this renewal application.
December 6, 1977
STATE OF MINNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The fpllowinrl accounts were audited and allowed as follows;
11-14-77 7507• GEORGE ADZICK Tree subsidy 50.00
7508•- ANNETTA ANDERSON 50.00
7509' ARLEN ANDERSON II II 75.00
200.00
7510 '' ROD ANDERSON II II
7511 WALLACE ANDERSON „ „ 125.0015.00
751? HIOWARD ARTH „ 75.00
Y;'I'_. DON Al KIIJS II II 75.00 +
7514-- RITA BABCOCK II II 50.00 i 7515 RALPH 13AHR „ 25.00 .
7516 ' WILLIAM BAILEY „ „ 125.00
7517, GAROLD BAKER
i518 -- VOID CHECK 25.00
7519 •- KEtJT LARKE.R „ 25.00
7520% G. F. BARNEY „ 25.00 '
•
7521- BILL EARTH „ „ 125.00
7522 BASS!•!OOD TOWNHOUSE ASSN. „ „ 25.00
7523 JAMf_S EIFAII!.tEU 125.00
7524 LARRY BELLER „ 1400.0e
4 ARw1u BECKht^,N d-'" I „ 450.00
7526- OL1S DECY'WAR j.. „ 3II 50.0C
527T VERLAND BEDFORD 00.00
7528- EUGENE bELLEFUICLE „ 125.00
7E29 VICTOR GELVO 0.00
„ 50.00
7530 ' W. LENTZ II
7531 JOHN BEIJGEN 1 55.00
7532 GARY 6ER GRE.N II 0 0 „ 25.0:
7533 DON BERNE 25.00
7534 RICHARD BEYER II II 25.00
7535 II II B. D. BLANCHIRD
7536 ROGER BLOOM " 0 75.00
7537• ROGER 75.00f BLUNT 75.00 '
7538 -'- FRED GOOtli_R II II II „ 25.00
7539 HARRY BoD8ARD 100.00
7540 DONALD BOSSART „ „
7541 JAt'.E5 COl'CE II 0 200.0050.00
7542- IILANCE BRACE
7543 DONALD FREITENSTEIN II II 25.00 r
400.00
7544 AL RRLKKE II00.00 •'
7545 DICK BREN II to
275.00
754E DAVID BROWN „ II 325.00
7547 JIM mom! 25.00
7'.;4ti ROt'�I-i2T BROWN - 5.00
7549 ROBER1 BROWN 37 37
7550 WAITER f"GYNIFSO „ „ 100.00 450.00
7551 " JAmuti BUI;CfII II „II 100.00
7552 JON DLISIiAI:D „
I, „ 50.00
7553 WILLIAM „ 75.00
7554 KIM CALKINS
7555= JAMS cnRl.lN II 0 75.00
( ; 1
December 6, 1977
11-14-77 7556 - DOUG CARLSON Tree subsidy s 25.00
7557 THOMAS CARLSON " 75.00
7558 WILLIAII CATERSON " 0
100.00
7559 JERRY CATT is 0125.00
7560 ' HIPP'S CEDAR POINT TOWNHOUSES 100.00
7561 - MR. CRANE ." 0 "4"`C " 150.00 k
7562 ALEX CHUDYK " is50.00
7563 BRUCE CLABO is125.00
7564 R. H. COLE 0 050.00
7565 ., HENRY CONOR 0 075.00
7566 STEVE CORIIELIUM " is50.00
7567 DAVID CRAIG " 75.00
Nq7563 MARLYS DAHL " 50.00
7569 DARYL DALE 0 0 25.00
7570 HUBERT DALY 0 50.00
DOUG DANIELS """"" ✓" " " 50.00
572_7 B DANIELSON -%Q „Ids' 575.00
•"�
JOHN PLAN " " r '' �' 75.00
7574 CHARLES DE ROM@ "/ 250.00
' 7 .r- E. DESLAURIERS 0 " 1 J r' 375.00
7576✓ LINDA DILDE -7 's " Lr�.I�,( ' 50.00
i ("'�2 DIETRICH GUILDERS - . " '"' •( 4,850.00
7578 - DENNIS DIFLAM 0 ssrr'. 50.00
7579 = SHARON DONOVAN " 0 c., 7," 25.00
7580,- ROLLAND DOUGHTY ! 150.00
7581 • F. UREULOW 0 0 ,, 25.00
7582 , RAY UUDYC}L " 25.00
75835 ` RICHARD EHLEN " p-' 150.00 I
a7C 58- KRIS LIC:KIIOLT " 0 175.00 i
_� GORDON FIRE 0 0700.00
7586-- TERRY ELLIOTT 025.00 •
7587 - JACK EVANS " 25.00
7588 CURT EVERT 0 ft
7 x LJ„ ,sl1.i ry 225.00
i C- 7580) FAIRWAY WOODS CONDEMINUM 475.00
RICHARD FE.R.RICK-'5 25.00
TED FINHOLT0
500.00 92 VOID CHECK
7593 MR. FITZGERALD 0 0125.00
7594 '' MICHAEL FLAVIN 0 0150.00
7595'' MRS. FRANK FORMICO 0 75.00
7596 JAMES FOLLESL 0ss50.00
7597 JOSEPH FORRER 0 " 50.00
7598-' JOHN FUNARI 0 0
25.00
7599 BERNIE CALLER 0 0
175.00
7600 ' WILLIAM GAUISCHE, JR. 0 50.00
/601-- MR. GEIMER " is50.00
7602` MICHAEL GERDTS is ss75.00 i
7603 ' ROB GIBSON " is275.00 1
7604- EDWARD NIL IER1SON 0 " 175.00
7605-' WAYNE GILHERTSON 0 75.00
7606.' JULES GIILARD 0 " 75.00
7607 RON GLIDE 0 0100.00
7608 THOMAS GI ISC7INSKI 0 0 50.00
7609 MRS. GORMAN s, is 200.00
7610 JOHN GRAHAM is is 125.00
7611 - GORDON GUIIRUD " 50.00
7612 ' CLAYTON GUNNARSON " " 25.00
J
December 6, 1977 1
11-14-77 7613 MIKE GUST Tree subsidy 100.00 .
7614 ' GEROID 11AAS " " 50.00
15r� GERRY HAt1ANN " 450.00
706 BURTON HAM?MEL " " 25.00
7(•17 E. HANELY " 100.00
7618 --- RUSSELL HANSON " " 50.00
7619 -- MR. HAYES " " 50.00
7620-- JOHN HENDRICKSON " " 50.00
7621,-,' D. J. HEPOLA 75.00
7622'- AL HERZOG " " 125.00
7623 E. HIEBERT " 11 25.00
76 DON HICIiIAIN " " 25.00
- ( b2.L.- G. A. HOLASEK " " 75.00
7626--' RANDOLPH HOLMBERG " 11 25.00
7627 LEONARD HOLTE " " 50.00
7628 KENNETH HOVEP.SON 11 II 50.00
7629 VOID CHECK
7630 MURIEL HUMPHREY RESIDENCE " " 325.00
7631 J. W. HUSSMAN " 11 25.00
7632 - WALLACE HUSTAD " 300.00
7633 DON ISENSEE " " 25.00
7634 • GENE JACOBSON " 75.00
7G35 GLEN LAKE BAKERY Cookies for Guide Plan meeting 10.00
7636 MID'WEST WINE COMPANY Wine for Liquor Store 885.56
7637 CITY BEER D`1SIRIBUIORS Beer 21.33
763d JOE;:::G7 WINE CO. Wine. 39.47
7639 EAGLE DISTRIBUTING Wine 322.32
7640 QUALITY WINE COMPANY Wine 1,592.36
7641 INTERCONTINENTAL PACKAGING CO. Wine 599.21 1
764? BEER WHOLESALERS, INC. Beer 1,422.15
7643 DAY DISTRIBUTING CO. Liquor 590.65 1
7644 LAKE REGION BEVERAGE CO. Liquor 216.60
7645 LFDING DISTRIBUTING CO., INC. Beer 662.84 '
7646 THORPE DISTRIBUTING CO. Liquor 597.55
7647 PUBLIC EMPLOYEES RETIREMENT ASSN. Employees withheld and employer
contribution 11-11 payroll 5,551.58
7648 U. S. POSTOFFICE Stamps for Public Safety 65.00
7649 UNITED WAY Donations withheld 11-11 payroll 18.01
7650 FEDERAL RESERVE BANK Taxes withheld 11-11 payroll 6,452.92
7651 POSTMASTER Guide plan mailing 52.35
7652 GRIGGS COOPER & CO. Liquor 674.57
7653 ED PHILLIPS & SONS Liquor 1,061.77
7654 JOHNSON WINE CO. Wine 2,110.38
7655 TWIN CITY WINE CO. Wine 187.16
7656 INTERCONTINENTAL PACKAGING CO. Wine 277.90
76657' CENTEX BUILDERS Tree subsidy 275.00
r. :-7658) ROLF HAUGEN 250.00
659 L. JARRETT " " 375.00
7660` BARTON JENKINS " " 25.00
7661' HAROLI) W. JENKINS " 575.00
766? MARILYN JENSEN 25.00 •
7663 ' BCEICE JOHNSON " 50.00 •
76G4 i C. E. JOHNSON " " 50.00
7665 - DONALD C. JOHNSON " 11 225.00
7666 H. S. JOHNSON 11
11 25.00
December 6, 1977
11-14-77 7667 ' HAROLD E. JOHNSON Tree subsidy 25.00
7 HAROLD JOHNSONII
75.00 !
6"7 69 --. -'HAROLD M. JOHNSON 200.00
7 670i J. T. JOHNSON " 75.00
7671 GEORGE JOHNSTONE " 100.00
7672 GUY JONES 25.00
7673 '- F. G. KAEFER 125.00
7674 - D. JURGENS 125.00
7675 HOWARD KAERWER " 11
250.00
7676"' STEPHEN KARUO " II
25.00
7677 .E WILLIAM DARE 75.00
7678 JOHN KIRTLAND 175.00
7679-- HOWARD KLEVAIIN 125.00
7680 -M. J. KNOLLS 75.00 3
7681 �. HAROLD KNUTSON 75.00
7682 LENARD KODET 50.00
7683 -808 KOOLt1AN 25.00
7684 ' ROBERT COROT 50.00
7685 G. KOSCHINSKA 125.00
7686 ' GARY KOSTECKI\ 325.00
7687 '' LEE KOTTKE 25.00 '
7688 LORRAINE KRETCH�•1AN 75.00
7689� KEN KROUCHK° " 350.00
.trim,- JACK KROUGH d�_, " " 50.00
I�l�4 JACK KROUGH. It
1,275.00
7692 BILL :.JCHER 125.00
7693 LEON KRUSE 50.00
7694 J. E. LACEY 25.00
7695 ' DENNIS LARSON 25.00 '
7696 DOUGLAS LARSON 25.00
7697, MARLENE LARSON 375.00
7693-- JOHN LARSON " 11
50.00
7699 SHIRLEY LARSON 25.00
7700 JA•tES LAWRENCE 75.00 f
7701' LEAF WILLIAM 75.00 f
7702 W. J. LIENEIMANN 25.00
7703 PETER LILLY " 50.00
7704- ROCERT LISTIAK 125.00
7705 JOHN lORMIR 200.00
7706 FRANCIS LOERLEL 50.00
DALE LOt1MEN 375.00
77 " NANCY LOPER 0O 25.00
7709" R08EI:T LOVET1 " 25.00 '
7710," C. YCCONVILLE 25.00
7711 0. S. MCCORMICK 50.00
7712 C. J. MCCONVILLE 50.00
7713 BOB MCDONALD 100.00
7714 MIKE t1CGRAW 425.00
7715- RICHARD 4CHALF 25.00
7716 CRAIG MCKEE 25.00
7717 JERRY MCLAIN 25.00
7718 MIKE t1ARTH 50.00
7719 ROGERT �1ASTIN 200.00
7720 J. M. MAXWELL " 25.00
7JZ1 ` JAMES MFIDINGER 50.00
'(77222. EDEN PRAIRIE SCHOOL DISTRICT 550.00
C,
I
1
s
December 6, 1977 4 P
•
11-14-7Z,Z,Z3' GEORGE MILKOVICH Tree subsidy 900.00
.4.---,; GERALD MILLER 0 0 50.00
..- 226 ' F. H. MILLER 0 0 150.00
7726 GARY MOHRENWEISER 0 0 375.00
7727' JOE MOLITOR 0 0 125.00
7728 • DALE MONSON 225.00
7729 MABLE MOREN 0 0 50.00
7730- JAY MORGAN " " 50.00
7731 " JOE MOREN " " 25.00
773? JAMES L. MORTON 11 II100.00
7733-- C. W. MDRTROD �, R 4 50.00
7734 ~-- DOUG 75.00
711 II 50.00
C�1� RALPHI,NELSON N Ba="'r'''ac OR " 0 225.00 !
7737- EVE:RTH NESBITT 0 0125.00 i
7738 NEW TESTAMENT CHURCH 11 1175.00 i
7739 KEN NOEL 0 " 50.00
7740- J. E. NOLTE " " 50.00
7741 HERBERT NUTTER 0 050.00
7742' KEN NYGAARD 0 050.00
7743 ' J. OBERLANDER 11 11175.00 •
7744- DAN OLANDER " 0 225.00
7745•- W. OLSON 25.00 1
7746 R. OLSON 50.00
7747 - PKLLIS OLSON 0 0100.00
7748 ': ROY OLSON 0 0 50.00
7749 JIM OSBERG 11 1175.00
7750 ' RONALD OTT " " 50.00
7751 TONY OVERMAN 75.00 •
7752 LELAND OWENS " " 25.00
7753 DOUG PAGE 0 025.00
7754 - JOHN PALM 0 0 25.00
7755 ' DON PALMER 11 1150.00
7756 ALLEN PARKER 0 0 50.00
7757 RICHARD PARRIS 11 11350.00
77__; _„ Al.BERT PAVELKA II 11200.00
- - 7.59 MELVIN PAVELKA 0 0100.00
7760 CARL PERKIN 11 II50.00
JAMES PERKINS II 1125.00
ROBERT PETERSON " " 900.00
7763- D PETERSON " " 50.00
7764.- DON PETERSON 0 0 50.00
7765 HOWARD PETERSON " " 50.00
7766 MARK W. PETERSON 0 0 50.00
7767 ROBERT PETERSON 0 0 100.00
7768 - S. N. PETERSON " " 25.00
7769 FRANK PETRUSKA 50.00
7770 ED PIERRE 1175.00
AP,ALD PORT"FR 50.00
JACK PROVO 75.00
-- •7/7 t- CHARLES PUEAUL 0 01,075.00
H. O. PUFAHL 11 II1,400.00
WILLIAM QUAM " 275.00
7776' DAVID QUAMBECK 0 0 25.00
December 6, 1977
•
11-14-77 7777 HAROLD RASMUSSEN Tree subsidy 175.00
7778 RICHARD REDDICK 25.00
7779 RICHARD REICIIDW 75.00
7780 L. REIFF " 75.00
7781- GARY REYNOLDS 50.00
7782 LARRY REYNOLDS " 25.00
11
11
7783 JIM RICHARDS 25.00 .
7784 W. F. RILGERT " " 50.00
7785 , SIEG RINNE 75.00
7786 EDWARD ROBBINS " 25.00
7787 -" JOHN ROBERTSON 25.00
7788 DOUGLAS ROBINSON 175.00 :.
7789 MYItON ROEDER 75.00
7790 `- ROBERT J. ROLLINS 125.00
7791 STEVEN ROWLEY 25.00
7792 JA11ES RYAN 175.00
7793 -- DON SABLNSKI 25.00
11
7794 STEVE SAIIDNESS 100.00
7795 - DON SARLES 400.00
11
7796' WARREN CERECKE11
25.00
7797' HAROLD SCHAITBERGER " 75.00
11
7798 JACKIE SCHA.UBERT 75.00
7799- GUY SCIIOLNLCKER 200.00
7800' ED $CHUCK, 50.00
11
7801 " NANC'Y SCHULER 50.00
7802• DEAN SCHULKE "
-- 100.00
7803 - JOHN SCH'!TIZ " 125.00
7804 WERNER SCHULZE " 25.00
11
7805 JESSE SCHWARTZ11
50.00
7806 NINA SEL Y " " 25.00
7807-- CLAYTON SEEMAN 25.00
nnnn JOE SLMRAD " 375.00 •
- �1i�RQ9.~ TOM BACKSTROM " 300.00
7810` MR. MAI.ENFANT " 25.00
7811 JOIINSON BROTHERS Liquor for Liquor Store 1,009.09
7812 VDID CHECK
7813 GRIGGS, COOPER & CO., INC. Liquor 450.39
7814 STATE DF MINNESOTA October sales tax collected 1,576.17
7815 METROPOLITAN WASTE CONTROL October capacity charges
collected 39,723.75
11-18-77 7816 MINNESOTA DISTILLERS, INC. Liquor 1,695.99
7817 PETTY CASH Reimbursement of fund 44.07
11-21-77 7818 QUALITY WINE CO. Wine 688.01
7819 OLD PEORIA CO., INC. Liquor 94.17
7820 TWIN CITY WINE CO. Wine 798.65
7821 ED PHILLIPS & SONS CO. Liquor 1,665.41
7822 EAGLE DISTRIBUTING Wine 595.66
7823 INT[RCONTIIIENTAL PACKAGING Wine 314.77 ;
78:'-1 PENNY'S Supplies and food for Guide Plan
meeting 6.00
7825 RIOMARINI. INDUSTRIES, INC. Lifetime sensor warranty-Water
dept. 37.50
11-25-77 7826' L. SHAW Tree subsidy 125.00
7821 ' ANGILA SHIDLA " 25.00 •
7828 JAMES SKRANKA " II 100.00
1
December 6, 1977
11-25-77 7829 • JOHN J. SKRANKA Tree subsidy 250.00
7830 HARRY E. SLOAN 050.00
7831 RAY SODERIIOLM " 11 100.00
.832--, DENNIS SOLIE ,✓ " 75.00
1 '. DON ISOVLNSl1�t --1'. N� " " 25.00
7834-- FRED SPE_AKMAN " 50.00 •
7835 DENNIS SPOHN 0 050.00
7836 ED STALLINGS 0 075.00
7837 • J. STANLEY " 25.00
7838 WILLIAM STANLEY " " 125.00
7839- E. M. STARK " " 75.00
7840-- J. STEFFEN " 150.00
7841 VOID CHECK
7842 STEVE STENSGAARD " " 150.00
7843 ! RAY STODOLA " " 300.00
7844 - MATT STRODEL " " 100.00
7845-- D. STUCKI " " 50.00
7846 • ED STUEDEMEN " 225.00
7847,- ' HERBERT STR0MPF " " 150.00
7848, DONALD Sl1MNER " " 100.00
7849 i JOHN SWORD " " 25.00
7850• H. R. TARR " " 25.00
7851 - WILLIAM TFPRIQUEZ_ JR. 0 0100.00
7852= MELFORD TER'WEDO " " 50.00
7853 - RAY TORGERSON " 25.00
7854 JEAN IHOMSON 0 075.00
7855 THE TRAILS TOWNHOUSES " 200.00
7856- W. R. TRACY " " 25.00
7851 HOWARD TYSON 0 0125.00
7858 GERALD UDSTUEN 125.00
7859 ' DEFOREST UNDERDAHL " 125.00
7860 - ROBERT UNGERMAN " " 150.00
7861 - ALLEN UPTON " 175.00
7862 JACK VAN REMORTEN " 125.00
7863 WILLIAM VERKUILEN " 200.00
7864'' GAY WAGNER /,l< / " " 25.00
7£�fi5_' G. WAGNER 25.00 •
-- /Th.xfi.. -, TOM WHLEN 'v/1 d- "/ is
li 25.00
'7867-- JONATHAN WALLACE " " 200.00
7868 -"CARL A. WARNER 0 025.00
7869 C. L. WARREN 75.00
7870-- J. WESTIUND " " 375.00
( 87 HEIDI WIESSNER " 275.00
7872,% DENNIS WILDLRI1UTH " 050.00
7873 GARY WILLEY " 125.00
7874 - DONALD WILSON 0 0175.00
7875 " BASIL WISSNER 11 II 75.00
7876 ROGER W! CRAFT 11 Is 125.00
7877 TOM WOHNOUTKA 0 025.00 a
78/9 - I EIAtL') WOLL " 125.00
788O HERHIRT WOODS " " 25.00
7881 JACK WRIGHT " " 25.00
7882 CHARI.LS YOUNG 0 0100.00 •
7883 FRED YORK 100.00
7884 JAMCS 7AIC " 11
25.00
•
December 6, 1977
11-25-77 7884 WALTER ZIMMERiAN Tree subsidy 275.00
0 ,7_ 1� FIRST NATIONAL BANK " " 725.00
- �7 JOE RUZIC " 175.00
t$7{�_- JOHN TEN " " 375.00
JOHN ZELELEttiKA 375.00
7889 PETER ENBL_OM Band for conmmunity concert
Historical/Cutural Commission 375.00
7890 VOID CHECK
7891 VALLEY EQUIPMENT CO. Scraper rental-Preserve Park
Community Development project 3,000.00
7892 CITY OF DULUTH Arson education seminar for
two P.S. officers 20.00
7893 PUBLIC EMPLOYEES REITREMENT Employee withheld and employer
ASSN. contribution 11-25 payroll 5,545.34
7894 VOID CHECK
7895 STATE OF MINNESOTA Taxes withheld for November 6,040.32
7896 FEDERAL RESERVE BANK Taxes withheld 11-25 payroll 6,180.81 I7897 SUBURBAN RATIONAL BANK Bonds withheld 11-25 payroll 525.00
7898 Ui1ITED WAY Donations withheld 11-25 payroll 22.01
7899 VALLEY EQUIPMENT CO. Scraper rental-Preserve Park
Community Development project 3,000.00
7900 GRiGGS, COOPER & CO., INC. Liquor 662.75
7901 EAGLE DISTRIBUTING Wine 76.38
7902 ED PHILLIPS & SONS Liquor 815.37
79D3 JOriN T! BROTHERS Liquor 658.40
1-29-77 7904 ADVERTISER Employment ad - ,-^" 1'"' 3.60
7905 AMERICAN BANK Fee for destroying securities 50.00
7906 ALCOHOL. COUNTERMEASURE SYSTEMS Mouthpiece adapters-Public Safety 6.00
7907 ALTECH ,.'`°"' Equipment repair-Public Safety 35.00
7903 AMtRlCAN INSTITUTE OF PLANNERS Subscription-Planning dept. 15.00
7909 DOT; ANDERSON 'il-- '-'1 Installation of fence 1,260.00
-910 7910 ACk0-ADROIT, INC. Office supplies 110.03
7911 ACTION CARPET SERVICE, INC. , _A--Repair carpet due to sewer backup 139.95
7912 BROI,N PHOTO Service-Public Safety 19.89
7913 BLOOMINGTON LOCKSMITH CO. £^-,-4'-' Security door lock-Public Safety 85.00
7914 BRYAN ROCK PRODUCTS, INC. Rock-Public Works $21, Prairie
View Park Devl. $1,096 1,116.77
7915 BURY & CARISON, INC. Sand-Snow & Ice control 188.72
7916 BALDWIN SUPPLY CO. Equipment parts -+^--- 7.4/.. 1- 72.15
7917 CHANIiASSEN LAWN & SPORTS Supplies-Tree Di ease dept. and
Park Maint. LA ae-..A.,..(-'" 291.45
7918 CONTINUING LEGAL EDUCATION Book-Planning dept. 22.00
7919 COCA-COLA BOTTLING, INC. Liquor store 73.55 •
7920 CITY OF EDINA Water samples 21.00
7921 CARGILL SALT DEPT. Salt-Ice control 700.07
7922 CASE POWER & EQUIP. Dozer rental-Preserve Park
Community Devei. project 4,333.35
7923 CUTLER-MAGN€R CO. Lime-Water dept. 1,098.63
7924 CHANFf SSE.0 ALI TO PARTS, INC. Equ i went parts i'',,-.1 o'- 249.82
7925 CLUTCH R 1I-30i"!1 Equipment parts ., J, C" 73.70
/926 DOODY, 1%C. Refund of hydrant use deposit 50.00
7927 DORHULT PRINTING Printed forms & Newsletter 501.71
7928 FDLN PRAIRIE t1LWS Ad for Prairie fill21:531114L..'93"0- 282.96
7g,9 ShARON ENGLLBRLI:TSON Uniform - Public Safety L;a 125.00
7930 EDEN PRAIRIE SANITATION October services 10.00
December 6, 1977
•
11-29-77 7931 ELMAC LANDSCAPING Refund of hydrant use deposit 50.00
7932 EMIiER DISTRIBUTION CENTERS Lumber-Prairie View Hockey rink 132.42
7933 JOHN CRANE November expenses 112.00
7934 FLAHERTY EQUIPMENT CORP. Fire truck repairs 66.42
7935 I•MARTY JENSEN November expenses 120.38 •
7936 FEED-RITE CONTROLS, INC. Ferric sulfate-Water dept. 836.00
7937 FRONTIER LUMBER Materials ,"" ' • 242.14
7938 GROUP HEALTH PLAN, INC. December insurance 763.10
7939 GOVERNMENT TRAINING SERVICE Workshop-Planning dept. 30.00
7940 GLIDDEN PAINT Paint-Park Maint. 65.61
7941 GENERAL COMMUNICATIONS, INC. Radio repairs-Fire dept. 117.65
7942 (HENNEPIN COUNTY Prisoners board-Public safety 494.00 i
7943 HENNEPIN COUNTY Police and fire mobile radios 9,076.60 .
7944 HENNEPIN COUNTY VOCATIONAL-
TECHNiCAL SCHOOLS Recruit firefighter tuition 160.00 '
7945 JOYCE HOLTE Sex crime school expenses 108.42 •
7946 HENNEPIN COUNTY Equipment parts 96.89 •
7947 DIANNE HANSON Mileage-General services 16.90 •
7948 SUBURBAN HENNEPIN COUNTY
SOUTH CAMPUS VOCATIONAL SCHOOL Rust repair to auto 40.00
7949 HOPKINS PIBG. & HGT. Repair to chlorinator-Water dept. 49.00
7950 HAYDEN-L1URp}{Y Equipment repair service I =' "' 36.00
7951 INTEU;ATftN UNION OF OPERATING '
ENGINEERS November union dues withheld 154.00 l
7952 INsik6MENTATION SERVICES, INC. Cigarette lighter adaptors to
operator radar 34.20
7953 INTERNATIONAL CONFERENCE OF
BUILDING OFFICIALS Building code book 6.00
7954 JAMES JENSEN Mileage-Planning dept. 23.48
7955 MARK A. JOHNSTON Mileage-Community Development proj. 48.90
7956 JUSTUS LUMBER CO. Materials-Water dept. 41.70 '
7957 ELIZABETH JOHNSON October services 253.08
7958 ELIZABETH A. JOHNSON Gymnastics aide 41.10
7959 JEAN JOHNSON Mileage-Planning dept. , ,.,, . 9.53 1
7960 KARULF HARDWARE Suppl ies 1 6r ` ' 221.23
7961 ROBERT KERN Mileage and school expenses
Assessing dept. 55.50
7962 JILL LOBSTEIN Gymnastics aide 16.45 •
7963 ROBERT J. LAPIC Service-Proposed Industrial
Development Bond 250.00 f
7964 A. E. LINDQUIST, INC. Truck rental-Tree Disease dept. 50.00
7965 LAKELAND ENVELOPE CO. Envelopes-Assessing dept. 294.90
7966 M. E. LANE, INC. Insurance 14.00
7967 LACAL CO., INC. Equipment parts ""A r s 56.12
7968 LEEF BROS., INC. Portable restrooms 89.10
7969 VOI0 CHECK
7970 RAY MITCHELL State Fire Chiefs conference 53.19
7971 THOMAS MOINTGOMERY Recruit fire fighter school 34.00
7972 ITTROPOLI1AN ANIMAL PATROL October services ,/ %i‘: ,•./.�.. 733.75
7973 ININNESOIA RECRIATION t+ PARK
ASSN. Employment ad 30.00
7974 VOID CHECK
7975 IMATT'S AUTO SERVICE, INC. Towing service '2 . , /n " ' 48.50
7976 W. R. MCNAUHFIIN Services-Building dept. 376.00
7977 ROBERT MARTZ November expenses 100.00
December 6, 1977
•
!1-29-77 7978 IMINNESOTA DAILY Employment ad-Park & Rec. dept. 7.65
7979 MCCARTHY WELL CO. Repair service to well-Water dept. 4,863.23
7980 I1AYVIEW RADIO Repair service to radio units 129.25
7981 MIDWEST ASPHALT CORP. Asphalt-Street Maint. 203.26
7932 MEDICAL OXYGEN Oxygen-Fire dept. 20.34
7983 MID-CENTRAL FIRE & SAFETY CO. Waterproof light bulbs-Fire dept. 40.80
7984 iiCFARLANES, INC. Concrete-Park Maint. 23.00
7985 METROPOLITAN FIRE EXTINGUISHER Recharge units-Fire dept. 39.00
7986 METRO PRINTING, INC. Printing service 497.00
7987 3M BUSINESS PRODUCTS Copy machine-•Public Safety dept. 108.00
7988 MINNESOTA VALLEY ELECTRIC Service 3.75
7989 I.IINNEGASCO Service 457.16
7990 NORTiA ST RITUMINOUS Refund hydrant use deposit 50.00
7991 NORTHWESTERN iNELL Service 2,021.62
7992 NORTHERN STATES POWER CO. Service 4,962.88
7993 NORTHERN STATES POWER CO. Computer information service-
Public Information dept. 7.18
7994 NINE MILE CREEK WATERSHED City's portion for the Bryant
Lake study 5,194.98
7995 LYNN NORSTAD Municipals meeting expenses 2.50
7996 NORTH STAR CHAPTER I.C.B.O. Dues-Building inspector 20.00
7997 NLENAH I'OUNDRY COMPANY Manhole covers-Water dept. 216.00
7998 PDT IX, HACVEY, SIMONS &
THOU1NNSON Legal services 7,002.63
7999 JOHN PALMER CPR traning services 30.00
8000 PUBLIC EMPLOYEES RETIREMENT ASSOC.Employer contribution 5.63
8001 PO'.JFR INC. Battery packs for fire monitors 42.91
800 POW1f••PROCFSS EQUIPMENT, INC. Equipment parts-Water dept. 33.05
8003 PARK AUTO UPHOLSTERY Auto upholstery repair 67.50 •
8004 PEPSI-COLA BOTTLING CO. Liquor store 18.60
8005 THE PRESERVE Refund hydrant use deposit 70.00
8006 PRAIRIE LAWN & GARDEN Equipment parts 27.60
8007 ROOT-O-MATiC !/7:, - ' ,'' Check out sewer line 24.50
8003 REYNOLDS PRIiFT]NG CO. Printing-Community Education and
Community Services 877.00
8009 ROBERT RANGEL Mileage-Tree Disease program 3.00
8010 RIEKE-CARROLL-MULLER ASSOC. Services-Mitchell lake-Pemtom and
STM TH/5 Co. Rd. 4 1,415.62
8011 STATE OF MINNESOTA Public Safety terminal 238.33
8012 STATE OF MINNESOTA Contract-Signal system TH 5 &
Mitchell Rd. 11,525.29 1
8013 7 UP COMPANY Liquor store 51.40
8014 SUN NEWSPAPER Subscription for crime Prevention
Unit 26.00
8015 STATE or MINNESOTA Notary fee-Joyce Provo 10.00
8016 DON STREICHER GUNS Cleaning patches-Public Safety 6.42
8017 SEARS ROEBUCK AND CO. Heater for City (fall and supplies
for Water dept. 63.58
8013 ROfERT TYSON /) Expenses 7.64 il
8019 TO4:N'S EDGE FORD Repair service 526.57
802(1 1RLE SERVICE, INC. Refund hydrant use deposit 150.00
80: 1 UNIVFR`;ITY OF MINNESOTA Film rental-Fire dept. 3.00
8022 ROGER ULSTAD Dec. expenses 123.91
8023 VALLEY IIIi.L NURSERIES Trees-Tree Disease project 4,274.20
8024 J. M. WYLIE MUSIC CO. Piano rental for concert at High
school 150.00
I
4
• 3
December 6, 1977
11-29-77 8025 SANDRA WERTS Sept. expenses 34.13
8026 WATER PRODUCTS Meters and supplies-Water dept. 5,976.90
8027 XEROX CORPORATION Service - City Hall 852.76
8028 WILENSKY AUTO PARTS CO. Fuel pump and door lock 83.95
8029 JERRY ZAIIN Football official 12.00
803 ZIEGLER TIRE SERVICE CO. T•'" Repair Park Maint. equipment 1,235.55
031 ZECO Repair parts-Water dept. 356.85
8032 WILLIAM BYE Refund P.E.R.A. deducted 8.00
8033 WOLFGANG FENZEL Refund P.E.R.A. deducted 16.00
8034 SIDNEY PAULY Refund P.E.R.A. deducted 8.00
8035 JOAN MEYERS Refund P.E.R.A. deducted 8.00
8036 DAVID OSTERHOLT Refund P.E.R.A. deducted 64.00
8037 JULIAN STENEHJFM Tree subsidy 125.00
8038 : MRS. EDWARD BRINKMAN Tree subsidy 150.00
8039 KATHY HIRMANN Mileage-Engineering dept. 6.30
�° 4.0., RYAN'S ROBBER STRIP Rubber stamp-Enyineering dept. 26.00
e./a - ( E CART. JULIIL November expenses 116.23
8042 BROWN & CHRIS CONSTRUCTION Contract-Est. No. 1, Homeward
i07� ' Hills Rd. Imp. 98,189.91
8043 STEVEN LiE Gymnastic instruction 237.50 I
8044 JACH HACKING Mileage 39.45
8045 STEPIIEN WRITE Recruit firefighting fee 34.00
8046 MARILYN MITCHELL Record keeping for fire dept. 120.00
8047 SLAT'. ANDERSON Fire call service 166.00
8048 CUR-AS BERGQUEST 564.00
8049 L1.LCE BRACE " 0 340.00
8050 BR'UCE EREN 276.00
8051 CONALD GUR:LE 542.00
8052 DIRGE. CAULL " " 420.00
8053 JAMES GLARE " 322.00
8054 SPENCER CC ^AD 0 298.00
8055 WALLACE cONB"•D 0 " 196.00
8056 LAWRENCE DOIC 0 496.00
8051 JOIN HACKING " 476.00
8058 FREE) HAFFN!'ER " It
778.00
8059 JOHN HOBBS " 196.00 '
8060 JOHN T. IIDBBS " 444.00 •
8061 GE.NL JACOBSOEI " 944.00
8062 D ANE JOONSON "U 304.00
8063 F+ARVIN LAHTI " " 428.00 1
8064 M. L. LANE, JR. " 344.00 1
8065 ROBERT LISTIAK 458.00
8066 LOWLLL MO676.00 i
8067 JAMES MATSONI 524.00 f
8068 RAY MITCHELL 1,176.00 1
8069 TONY MOLITOR 116.00 1
8070 BERNAARD NEWMANN 216.00 ?
8071 IIAIG)LD ti'Jis'JSE ETTEN 50.00 I
807? CURTIS 0I•'URLANDER " 732.00 1
8073 J.)iIN RAEMER 0 80.00
8074 MAR1 I N EASE SUN " 330.00
8075 OOUG1 AR PLLHAL " " 632.00 '
8076 JERKY I•RODOLIIL 366.00
i
i
December 6, 1971
11-29-77 8077 STANLEY RIEGERT Fire call service 714.00
8078 NORBERT ROGERS 564.00
8079 MICHAEL ROGERS " 476.00
8080 EUGENE RUUD ° 370.00
8081 CHUCK SCHAITBERGER 492.00
8082 HARVEY SCHMIDT 266.00
8083 GERALD SCHWANKL 636.00
8034 JOHN SKRANKA 408.00
8085 EUGENE SPANDE 378.00
8086 VERNON STEPPE 402.00
8037 BURTON SUTTON _ 590.00
TOTAL 346,217.81