HomeMy WebLinkAboutCity Council - 01/17/1978EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 17, 1978
COUNCIL MEMBERS:
COUNCIL STAFF:
7:30 PM, CITY HALL
Mayor Wolfgang Fenzel, Billy Bye, 'Joan '
Meyers, Dave Osterholt and Sidney Pauly
City Manager Roger Ulstad; City Attorney
Ross Thorfinnson; Planner Chris Enger;
Finance Director John Franc; Acting Director
of Conmainity Services Sandra Werts; Engineer
Carl Jullie; and Joyce Provo, Recording
Secretary
INVOCATION
PLEDGE OF ALLEGIANCE
Oa CZ:1
If APPROVAL. OF AGrINDA AND OTHER ITEMS OF BUSINESS
• CAILCOAR (One motion to approve all items on the Consent Calendar)
A. 2nd Reading of Ordinance No. 78-03, regulatino the licensing and rzB
pt:eration of dance halls within the_City of Eden Prairie and
zwlending Ordin.:nce No, 102
PaymPnt of Claims N(:.
(.1(.1-k',. License L -.st
:t1HS OF THE REGULARL SCI AILED CITY COUNCIL
,/
:::::-.SENTATION
ISO HELD. TUESDAY,
Pagf. 129
Page 134
Paqe 135
CIA CHECK Flni TIE METROPOLITAN COUNCIL FOR THE PLANNING
Pre',,Ptation to lie ,w1de by Jawes Daly, lietiliTan
r•:Cd Repru,cntativc
I" nOSION OF AD HOC CG:MITIEE ON 00111 NANA NH. 51 (F1Yin2 Cloud Airport). F ,:e
za. P:!TILIC HEARINGS
E(1211 ,J1e 4p Gerald IL f,yai,tz-Fraalin Realty Comnany.
inr PUD 1)veiu121;:ont lan apprnval, preliminary plat and
=Val fron ME:1 to RN 6.5 (Ordlnince No. 77-37 and R:;:,,itition
No. 77-134) Continued Public Hearing from December 7,
1977.
P:,oe
Page niL Utility and Street 11:yroveR ,t:nts fur the Co, y_Vir.ta Addition
and Nest 168th Ay,mue, 1.C. 51-:.,C.—TRsoiution No. 78-10
MC PETITIONS, RFWESTS & COMNDNICATIONS
A. Commucii:.:tion from the Le9a1 Conner for MAC regarding a Joint
(batA ,;at,uory 5, 1 111)
REMUS OF ADVISORY COMSSIONS
A. Deyelopmont Cmvision - r, Dean Ids tram will be present
representing the DeyeloHi,..nt Co sion
Page 167
Page 173
Council Agenda - 2 - Tues.,January 17, 1978
IX. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 77-31, approving rezoning from Rural Page 179
to R1-13.5 for Amsden Hills II and Rezoning Agreement
B. Resolution No. 78-22, establishing a policy for the Cash Park
Fee
C. 2nd Reading of Ordinance No. 77-42, rezoning from Rural to RM 2.5
Page 187
and NM 6.5 for double bungalows and apartments for Golf Vista,
and Rezoning Agreement
X. REPORIS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Councilman Dave Osterholt - Sign Ordinance
5-1 - Report of City Attorney
C. Rtporc of City Mana_ger
1. Award bids for a 7-gang hydraulic mower and broom and a I ton
Page 200
body dump trunk
,2. Award bid for a 4-wheel drive police vehicle Page 202
3. Seiting_of a date for Council and Commissions to review
Guide Plan
0: Report of City Engineer
1. Consider bids for City Well No. 3, I.C. 51-301 (Resolution Page 204
No. 78-17)
2. Preliminary Plan approval for Traffic signal on TM 169 at
North entrance to Vo-lech School, S.P. 2744-31, I.C. 51-311
Tkesolution No. 78-18)
3,' Discussion on Street Lighting Policy for Eden Prairie Page 209
4. RCM 1978 Engineering Services Agreement
E. kport of Finance Director
1. Award bids for telphone system for City Hall
2. Payment of Claim No. 8176 - Gorra relocation payment of
'5,428.46_
,j,)(,!" Discussion on Bond Refunding_proposals'
/
NEW _BUSINESS
ADJOURNMENT.
Page 211
Page 220
Page 221
/
Page 205
rlt/klr 12/29/77
ORDINANCE 78-03
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE REGULATING THE LICENSING
AND OPERATION OF DANCE HALLS WITHIN THE
CITY OF EDEN PRAIRIE AND AMENDING ORDI-
NANCE 4102.
THE COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN:
SECTION 1: Section 3.D. is amended to read as follows:
SECTION 3.D. No fee is required for dances conducted by the park
and recreation department, any agency of the Eden Prairie School
District, or any organization holding a club liquor license issue
d
by the City of Eden Prairie;
In lieu of permit provisions of this Ordinance, the park and
recreation department, agency of the Eden Prairie School District
,
or holder of a club liquor license issued by the City of Eden
Prairie shall notify the Eden Prairie Public Safety Department o
f
scheduled dances at least 72 hours before the scheduled time of
the dance.
FIRST READ at a regular meeting of the Council of the City
of Eden Prairie this 3rd day of Jamory , 1978 , and
finally read, adopted and ordered published at a regular meeting
of the Council of the City of Eden Prairie on the day of
197
Wolfgang Pcnzel, Mayor
ATTEST:
John D. Franc, City Clerk
Published in the
on the day of
197 .
January 17, 1978
STATE OF MINNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
11-14-77 8153 VOID OUT CHECK
7835 VOID OUT CHECK
01-03-78 8390 JAMES W. NOEFT & SHARON'
ANN HOEFT
8391 ED PHILLIPS & Solis
8392 JOHNSON BROTHERS
3393 GRIGGS, COOPER AND CO.
8294 NICK FOWLICK
01-04-78 8395 DEPT OF NATURAL RESOURCES
8396 INSTY-PRINIS
01-05-78 8397 STATE OF MINNESOTA
83 9 8
U. S. POSTOFFICE
01 06-78 8399 PETTY CASH
O -10--7 R 800 PUBLIC EMPLOYEES RETIREMENT
84n1 FinFRAL RESERVE BANK
E407 UNITED WAY
JOHNSON BROTHERS
::1461 QUALITY WINE CO.
845 OLD PEORIA CO., INC.
E106 GRIGGS COOPER & CO.
6407 HAPPY TUE 01ST.
8403 SEVEN-UP BOTTLING CO.
8109 LAKE REGION BEVERAGE CO.
8410 PEPSI-COLA BOTTLING CO.
8411 COCA-COLA BOTTLING CO.
8412 BEER WHOLESALERS, INC.
8413 DAVIDSEN DISTRIBUTING, INC.
8414 DAY DISTRIEHTINC CO.
8115 LEDING DISTRIEUTING CO.
8416 El) PHILLIPS S SONS
8417 THORPE DISTRICUTING CO.
841R GOLD MEDAL BEVERAGE CO.
01-1 -1-78 8119 TERRI ANDERSON
8420 ANDERSEN NURSERY SERVICE
8421 AMERICAN DATA PRODUCTS
3422 ACTION RUDDY RLNTS
8423 AMERICAN SOCIETY FOR
INDUSTRIAL SECURITY
8424 ALAN SIGNS. INC.
8425 An WELDING & MFG.
8476 ASSOCIATED WELL DRILLERS
8427 AEA INDUSTRIAL TRACTOR
I))
(75.00
(50.00
Land purchase 97,500.00
Liquor 909.20
Liquor 719.00
Liquor 534.25
Gym leader services 60.00
Permit fee-Engineer dept. 15.00
Service Public Safety dept. 22.85
Application for auto certificate of
title 2.00
Stamps for Public Safety 146.50
Reimbursement of fund 40.95
Employees withheld and employer
contributions 1-6 payroll 3,181.42
T7xes withheld 1-6 payroll 2,343.06
Donatims withheld 1-6 payroll 27.12
Liquor 985.86
Wine 188.22
Liquor 116.18
Liquor 99.73
Mix for Liquor store 84.00
Pop for Liquor store 77.10
Deer 179.48
Pop for Liquor store 43.20
Pop for Liquor store 120.45
Beer 1,702.75
Beer 9.55
Beer 766.80
Beer 692.95
Liquor 452.09
Beer 1,152.35
Pop for Liqucr store 30.50
Refund of towing expenses of squad
car 10.00
Restoration work after trunk watermain
installation 250.00
Lamps-City Hall
433.68
Equipment rental-Preterye Park
community development project
44.00
Dues-Public Safety dept. 51.75
Cards and lahels-Liquor store
27.00
Equipnent parts
4,20
Iron pipe•Equipment repairs
25.00
Equipment repair-Preserve Park
community development_,
126,3:
January 17, 1978
,-,10-'• -
01-17-78 8428 ASTLEFORD EQUIPMENT CO. Equipment parts-Tractor 106.36
8429 AUTO CENTRAL SUPPLY Equipment parts-Valve job parts 84.62
3430 BREDEMUS HARDWARE Insulation material for fire
station doors 202.80
8431 BARTON CONTRACTING CO. Sand-Snow & Ice control and Preserve
Park 305.11
E432 BRUNSON INSTRUMENT CO. Transit-Park Maint. dept. 825.00
8433 BRAUER & ASSOC. Services-Guide Plan 1,194.56
8431 BRYAN ROCK PRODUCTS, INC. Rock-Water dept. and project
TH169 17.92
8435 BUSINESS FURNITURE, INC.___.____,:li,td mat-Public Safety dept. 115.94
3436 THE PRESERVE P. - f grader Park Maint. dept. 275.00
8437 CARGILL SALT Salt-Snow and ice control 689.12
8438 COPY EQUIPMENT, INC. Supplies-Engineering dept. 5.08
8439 CURTIN MATHESON SCIENTIFIC Ladder-Water dept. 90.00
8440 CROWN RUBBER STAMP Desk plates-Public Safety dept. 11.65
8441 WARD DAHLBERG Mileage and expenses-Liquor store 43.61
8442 DAY-TIMERS Supplies-Planning dept. 66.33
8443 DICKEY-KODET ARCHITECTS Architectural services-Round Lake
fire station 4,363.35
8441 DALCO Cleaning supplies-Water dept. 129.38
8445 EUREKA CO. Repair parts-City Hall 22.19
8446 EDEN PRAIRIE SANITATION Services-Oct. thru Dec. 40.00
8447 EDEN PRAIRIE NEWS Ads-Liquor store 186.40
8448 ELVIN SAFETY SUPPLY, INC. Safety clothing-Water dept. and
first aid kit-Skating rinks 181.45
8449 FRANZ ENGINEERING REPRODUCTION Supplies-Engineering dept. 99.81
8450 GROUP HEALTH PLAN, INC. January insurance 764.10
-8451 GUY'S AUTO SUPPLY Equipment parts 13.15
8452 GOODYEAR SERVICE STORE Tires 238.95
8453 GENERAL COMMUNICATIONS, INC. Radio repairs-Fire dept. 53.85 :
8454 GUNNAR ELECTRIC CO. Service-Liquor stare 1,755.00
8455 GEORGE M. HANSEN CO. Audit services 1,450.00
8456 HENNEPIN COUNTY Prisoners board 162.00
8457 JACK HACKING Reimbursement for supplies and
expenses 111.63
8458 HENNEPIN EMERGENCY
COMMUNICATIONS ORGANIZATION 1978 HEED dues-Public Safety 1,700.00
8459 DUANE HOOKOM Mileage and reimbursement for supplies
purchased , Park A Rec. dept. 9 9.11
8160 MANUS BUS CO. Service-Community Services dept. 45.00
8461 HOPKINS DODGE SALES Equipment parts - starter & springs 158.52
8462 MASATO IKEGAMI Reimbursement for exhibition supplies
-Gymnastics program
29.00
Mileage Planning dept. 21.45
December services
296.80
December mileage-Preserve Park
development 28.65
Materials-Liquor store $245 and
Community development project ;457 701.75
Contract-City Hall additien 11,706.00
Juvenile sex crime school-Public
Safety dept. 126.79
Gravel-Preserve warming heuse 156.98
Paint for jail cell 4.33
8463
JAMES JENSEN
8464
ELIZABETH JOHNSON
8465
MARK JOHNSTON
8466 JUSTUS LUMEER CO.
8467 G. G. KRANZ A SONS
8468 KAHLER HOTEL
8469 EDWARD KRAEMER A SONS
8470 ROSS PAM(
January 17, 1978
01-17-78 8471 KARULF HARDWARE
8472 KRAEMER'S HARDWARE
8473 LUND PAINT
8174 M. E. LANE
8475 GUST. LAGENQUIEST & SONS
8476 LANO IMPLEMENT CO.
8477 LEEF BROS. INC.
8478 MINNETONKA COMMUNITY SERVICES
8479 MINNESOTA ASSOCIATION OF
Supplies-$318; drill press and
motor for Park Maint. dept. $200
Supplies-Park Maint. & Utilities
Paint-Liquor store,
Insurance ri -
Equipment repair service-Water dept.
Bobcat rental- City Hall grading
and Park Maint.
Rugs
City share of 77-78 MCS budget
518.44
254.16
21.47
361.00
168.25
170.00
87.50
100.00
ASSESSING OFFICERS Dues-Assessing dept. 125.00
8480 THE MOSLER SAFE CO. Money safe-Liquor store 594.00
8481 MATT'S AUTO SERVICE Towing service-Tree disease dept. 68.00
8482 MINNESOTA STATE FIRE CHIEFS
ASSOC. Dues- Fire dept. 40.00
8483 METROPOLITAN AREA MANAGEMENT
ASSOC. Dues-City manager 5.00
8484 MAYVIEW RADIO Communication rcpairs$94 and
annual performance check on
civil defense sirens $40 134.20
8485 MINNEAPOLIS STAR Employment ad-Park & Rcc. dept. 55.00
8186 METROPOLITAN ANIMAL PATROL Decembrr services 449.00
8487 MINNESOTA CHIEFS OF POLICE
ASSOC. Dues-Keith Wall 30.00 ,
8488 MINNESOTA RECREATION & PARK
ASSOC. Dues-Sandy Werts 30.00
8489 METROPOLITAN WASTE CONTROL
omission Jan. and Feb. sewer service charges 26,912.38
8490 MCNAMARA-VIVANT CONTRACTING Contract-Est. No. 2-Scenic Heights
upgrading 11,819.55
January insurance 1,003.41 8491 MEDCENTER HEALTH PLAN
8492 MINNESOTA RECREATION A PARK
ASSOC. Registration for state basketball
and volleyball tournament
8493 METRO PRINTING, INC. Service-Park & Rec. registration
thins A appreciation certificates
8494 MINNEAPOLIS OXYGEN CO. Oxygen-City garage
8495 MEDICAL OXYGEN & EQUIP. CO . Compressed air-Fire dept.account
8496 MEDICAL OXYGEN & EQUIP. CO . Oxygen for Fire dept.; Public
Safety account
8497 MODEL STONE CO. Concrete-Preserve warming house
8498 MODERN TIRE CO. Tire repairs
8499 MINNESOTA FIRE INC. Repair of two air mask-Fire dept.
8500 3M BUSINESS PRODUCTS Copy machine-Public Safety dept.
8501 METROPOLITAN FIRE EXTINGUISHER Recharge units-Fire dept.
8502 MERIT PRINTING Service-Dog registration cards
8503 MINNECASCO Service
8504 NORTHUESTERN NATIONAL BANK Bond payment
8505 NORTHWESTERN REEL Service
8506 NORTHERN STATES POWER CO. Service
8507 PERBIX, HARVEY, SIMONS A
THORFINNSON Legal service
8508 J. C. PENNEY CO. Equipment repair service
8509 PITNEY BOWES
Postage meter
239.00
129.0C
11.64 '•
72.56 E
35.75
148.80
51.78 E'
68.28
422.26
78.50
93.57 ,4
1,784.72
59,652.00
1,386.40
15.32 L '
6,548.99
15.00
36.00
January 17, 1978
01-17-78 8510 COCA-COLA BOTTLING CO. Pop for machines 127.10
8511 PETROLEUM MAINTENANCE CO. Equipment repair service 30.50
8512 PHYSICIANS HLALTH PLAN January insurance 3,896.73
8513 PRAIRIE VILLAGE MALL ASSOC. December rent-Liquor store 1,038.88
8514 PHOTO MILL Film for assessing dept. 165.78
8515 PRAIRIE LAWN & GARDEN Equipment repairs and parts 78.05
8516 RIEKE-CARROLL-MULLER Service-Street & utilities Country .
ASSOC., INC. Vista, Eden View I,-Ferest Knolls
2nd, Westgate East add, Homeward Hills
Rd. imp., Minn. Protective Life 5,858.73
8517 DENNIS SPOHN Tree subsidy 50.00 .
8518 SATELLITE INDUSTRIES Portable restrooms-Park & Rec. dept. 420.95
8519 SONIC ALARM CORPORATION Alarm system-Liquor store 617.50
8520 EDWARD SORENSEN Supplies reimbursement-Water dept. 15.18
8521 STANDARD OIL Fuel 4,153.68
8522 SPECIALTY SALES SERVICE, INC. Water tight covers 593.00
8523 STATE OF MINNESOTA Refund of overpayment on the
Crime Prevention Grant program 844.28
8524 MARK STANLEY Refund on skating lessons 2.50
8525 JUDY SCHUCK Refund on skating lessons 5.00 I
8526 SWEDLUND SEWER & WATER Water main extension on Valley View
Road 2,199.85
8527 STATE OF MINNESOTA Services-TH169 16,614.85 H
8528 DON STREICNER GUNS, INC. Ammunition-Public Safety dept. 47.75
8529 SEARS ROEBUCK Supplies-City Hall 81.85
8530 SOUTH-TOWN REFRIGERATION Adjust freezer-Liquor store 25.50
8531 W. GORDON SMITH Fuel, shop supplies and oil 94.96 '
8532 SUBURBAN AUTO ELECTRIC Equipment parts 156.69
8533 TRI-CITY PUBLIC HEALTH LAB Water test 32.00
8534 TELEDYNE WISCONSIN TOTAL
POWER Equipment parts- 310.30
8535 UNIFORMS UNLIMITED, INC. Uniforms-Public Safety dept. 7.05
8536 UNIVERSITY OF MINNESOTA Juvenile sex crime school 110.00
8537 SANDY 'ARTS December expenses 27.43
8538 WARTEKA, INC. Auger post holes for ice area -
Community Development project
Refund on cross country skiing
Mileage-Park dept.
Repair to City broken sewer line
Equipment parts-City garage
Service -Id.
1978 uniform allowance
250.00
275.00 .
275.00
275.00 ,
275.00
8539
8510
8541
8512
8543
8544
8545
8546
8547
8548
8519
8550
8551
8552
8553
8554
8555
8556
8557
8558
8559
MARTHA WATKINS
LORI WILDERMUTH
WINZEL MECHANICAL
ZIEGLER, INC.
XEROX CORP
JACK HACKING
SUSAN ANDERSEN
KEITH WALL
ROBERT TYSON
RICHARD RABENORT
CURTIS OBERIANCER
JAMES L. MATSON
ALLEN LARSON
JOYCE HOE ft
STEVEN GEIGER
ROGER DANIFLSKI
JOHN CONLEY
JAMES CLARK
THOMAS BROWN
LES BRIDGER
BILL BLAKE
577.50
25.00
32.33
315.00
399.85
1,820.39
275.00
100.00
275.00
275.00
250.00
275.00
275.00
275.00
275.00
275.00
275.00
11 11 11
11
11
11 •
le
11
11 11
11 ft 11
11
11
January 17, 1978
01-17-78 8560
RONALD ANDERSON
8561
DONNA HYATT
8562
JOHNSON WINE CO.
8563
WATER PRODUCTS CO.
8564
TOM DUNLOP
8565 DIANNE HANSON
8566 MINNESOTA POLLUTION CONTROL
AGENCY
8567 HOPKINS POSTMASTER
8568 LEAGUE OF MINNESOTA CITIES
1978 uniform allowance
II II II
Wine
Equipment parts-Water dept.
Training of CETA employees-
To replace lost check #8163
Mileage-General services
Dues-Ray Earls
Postage for newsletter mailing
1978 membership dues
187.50
100.00
59.0 7
228.73
75.00
11.40
30.00
327.53
1,907.00
TOTAL 303,276.62
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
January 17, 1978
CONTRACTOR (Multi-family & Comm.)
Aerolift, Inc.
Mel's Remodeling, Inc.
Rauenhorst Corporation
V. I. Zetah
CONTRACTOR (1 & 2 Family)
Balmer Construction
Hernatz Incorporated
Clasen - Faucher
Dace Construction
Ferris Construction Co.
Fireplace Construction Co.
The Hawk Company
Jensen Homes, Inc.
Landico, Inc.
Miller Development Corp.
0. K. Services
The Susscl. Company
T and E Construction
Urbanspace Corporation
Watson-Forsberg Co.
PLUMBING _
B & B Utilities
Doody, Inc.
Ford & Sons Plumbing Co.
Raymond E. Haeg Plumbing Inc.
John Henke Co.
Laurent Builders
Mound Plumbing Co.
Ri Don Plumbing & Heating
S & W of Shakopee, Inc.
Spots & Berg, Inc.
Steins, Inc.
MECHANICAL AMUSEMENT DEVICES
Aladdin's Castle, Inc.
FWD ESTABLISHMENT - TYPE C
Hot Sam Companies
Barberio Cheese House
HEATING & VENTILATING
Central Air Conditioning & Heating Co.
Doug Chapman Heating & Air Cond.
Doody, Inc.
Eden Prairie Heating & Air Cond.
)Cleve Heating & Air Conditioning Inc.
Mill City Heating & Air Conditioning
S & W of Shakopee, Inc.
Sand Mechanical Repair
Steins, Inc.
Wayzata Sheet Metal
GAS FITTER
Doody, Inc.
Kleve Heating & Air Conditioning inc.
Mill City Heating & Air Conditioning
Spots & Berg, Inc.
Steins, Inc.
WATER SOFTENER
Twin City Softener Service Co., Inc.
WELL DRILLING
Donald A. Rogers
SCAVENGER
Roto-Rooter
Suburban Sewer Service
REFUSE AND GARBAGE COLLECTION
Able Sanitation, Inc.
G & H Sanitation, Inc.
PRIVATE KENNEL LICENSE
Martin A. Dicstler
CIGARETTES & TOBACCO
Eden Prairie Skelly
Pipe Den
These licenses have been approved by the department head responsible
for the licensed activity.
24er,ezt
Rubet;Ca Q UernomOen, Depety Clerk i'511
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, DECEMBER 20, 1977
7:00 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan
Meyers, Dave Osterholt and Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Ross Thorfinnson; Planner Chris Enger;
Finance Director John Franc; Acting
Director of Community Services Sandra Werts;
City Engineer Carl Jullie; 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 agenda under the New
Business" category:
A. Communication from Hennepin County requesting settino of a date
. by the Council for the Board of Review
• B. Draft letter on bond refunding
C. Information on an ordinance to amend Ordinance No. 102
MOTION: Pauly moved, seconded by Osterholt, to approve the agenda as amended
and published. Motion carried unanimously.
II. MINUTES OF THE JOINT CITY COUNCIL AND DEVELOPMENT COMMISSION MEETING AND REGULAR
CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 15, 1977
Pg. 5, 2nd para., 3rd line, strike "metal" and iasert "siding"; 5th para.,
8th line, strike"$14,500" and insert "$15,000; and in the 9th para., 1st
line, after "continued" add "for consideration just".
Pg. 7, 6th para., 2nd line, after "no" insert "local:'.
MOTION: •Pauly moved, seconded by Meyers,to approve the minutes of the Joint City
Council and Development Commission meeting and Regular City Council meeting held
tiesday, November 15, 1977, as amended and published. Motion carried
unanimously.
Cfetncil Minutes - 2 - Tuesday, December 20, 1977
CONTINUED PUBLIC HEARING
A. Knoble Addition by Universal Land Corporation. Request for preliminary
plat approval and rezoning from Rural to R1-13.5 for 14 single family
homes
Don Peterson, Universal Land Corporation, explained he has met with
City Manager Ulstad and the plan has been modified to consist of 11 lots
which meet the City ordinances.
Grant Gilderhus, 16855 North Manor Road, reiterated the position of the
people in the neighborhood as stated at the November 1, 1977 Council meeting.
He further stated their concerns are still solid and unanimous.
David Denton, 16850 North Manor Road, questioned if soil borings have been
taken. City Engineer Jullie responded he did review the complete soil
borings report done sometime ago by LRW where there were 4 borings taken on
the parcel to the south of this parcel. In looking at the topographic
map and site, City Engineer Jullie explained there my be a potential of
poor soils on 2 lots in the northwest corner and possibly along the road
alignment. Jullie further stated that Mr. Peterson has concurred and has
agreed to do a detailed boring analysis at the City's direction if the Council
chooses to give preliminary plat approval. The proponents would do the
corrective work and bond for same.
Mrs. Myron Roeder, 6435 168th Avenue West, asked how she could be assured
they won't have to remove their culvert to make it bigger. Jullie responded
the City would do a study of the drainage area, and determine the volume of
flow and if another culvert would have to be added under the Roeder's
driveway, the developer would include same in their development cost.
Curt Knudson, 6511 Undestad Street, expressed his concern about the number
of roads coming into the area.
Helen Schoeneck, 16950 North Manor Road, questioned if the setbacks proposed
in this development comply to the rest of the neighborhood. Mr. Peterson
stated the setbacks are in accordance with City ordinances for R1-13.5 zonings.
Mr. Denton stated he thought it would be inconsistent for the City to allow
indiscriminate development that is not consistent with the neighborhood.
MOTION: Pauly moved, seconded by Osterholt, to deny the rezoning request
for Knoble Addition by Universal Land Cerporation for rezoning from Rural
to R1-13.5. Pauly, Osterholt and Fenzel voted "aye", Meyers and Bye voted
"nay". Motion carried.
MOTION: Osterholt moved, seconded by Pauly,-to instruct the City
Attorney to draft a resolution of denial to include the following
reasons: adjoining properties are zoned Rural and have been developed
with 5-acre hobby farms, and that zoning was reconfirmed in 1976 when
the owners of the property sought and received an adjustment in special
assessments for sanitary sewer on the basis that the property would be
developed as a single family plat with one residence, would result in
spot zoning and would adversely affect adjacent properties, would
be detrimental to the adjacent property values, would result in a bad
precedent, transportation system has not been resolved, not the highest
and best use of the property, infringement on the drainage and flowage
rights of adjacent property owners, the setback requirements under
existing ordinance would result in a location of buildings that would
be detrimental to the adjacent area, and soil conditions are sensitive.
Osterholt, Pauly and Penzel voted "aye", Bye and Meyers voted "nay".
Motion carried.
ouncil Minutes - 3 - Tuesday, December 20, 1977
IV. DISCUSSION ON COMMUNITY EDUCATION AND COMMUNITY RELATIONS (Continued from
November 15, 1977)
Eden Prairie School Board members present included Chairman Paul Enblo
m
,
Bette Anderson, Loren Irvine, Geneva Middleton and Allen Upton. Also
p
r
e
s
e
n
t
representing the School District were Superintendent of Schools Dr. R
o
b
e
r
t
Fallon, Director of Business Affairs Merle Gases, and Jeanne Phillips
,
D
i
r
e
c
t
o
r
of Educational Programs.
School Board Chairman Enblom explained that the School Board is char
g
e
d
w
i
t
h
setting and administering the Community Education Program and that a
l
m
o
s
t
a
y
e
a
r
ago the School District had a change as the Director of Community E
d
u
c
a
t
i
o
n
l
e
f
t
at that time. It was the intention of the School Board to proceed and
h
i
r
e
a
new Director. In the meantime while plans and objectives were being re
c
e
i
v
e
d
,
Ann Kispert was asked to be the interim Community Education Director.
J
e
a
n
n
e
Phillips was hired as the Director of Educational Programs and the Scho
o
l
B
o
a
r
d
found she was going to be of great help in Community Education, Ms. P
h
i
l
l
i
p
s
conducted a study on Community Education and came back with a series of
recommendations, and due to her recommendations the School Board determ
i
n
e
d
a Director of Community Education should be selected who would have pa
r
t
i
c
u
l
a
r
skills. At that point the School Board found that they should get the
i
r
objectives straight, and concurred after hearing studies by Jeanne Ph
i
l
l
i
p
s
t
h
a
t
the only thing to do was to start over. This was done without talking
t
o
t
h
e
Council; however, the School Board is charged with the administration
o
f
t
h
e
Community Education Program. At this time the School Board wishes to
t
o
u
c
h
b
a
s
e
s
with the Council. Mr..Enblom further stated if people who have been
o
n
t
h
e
s
t
a
f
f
feel they would like to work under the new reorganization, they may do
s
o
,
b
u
t
the Director of this kind of program can best be handled with specifi
c
t
r
a
i
n
i
n
g
i
n
the Community Education field.
Dr. Fallon spoke to Community Education as it has operated in the pas
t
a
n
d
of the problems that have existed. He further commented that the Scho
o
l
B
o
a
r
d
and City Council have been wondering what Community Education is all a
b
o
u
t
a
n
d
what do we want it to do for our community. The State does have guid
e
l
i
n
e
s
f
o
r
Community Education. Comnunity Education is a function that goes ou
t
t
o
t
h
e
entire community and Dr. Fallon stated he feels there is a void which
reorganization can productively fill. In terms of keeping our schools
o
p
e
n
,
Dr. Fallon feels we are doing exceptionally well, but we are not doin
g
s
o
w
e
l
l
in getting out into the community and this is the one area we hope to
c
o
r
r
e
c
t
.
Osterholt questioned if there is any reason why the City Council should b
e
c
o
m
e
involved in the Comnunity Education Program. Chairman Enblom explai
n
e
d
t
h
e
School Board asked to come before the Council because of the history of
cooperation and working back and forth, and also because the City is
p
u
t
t
i
n
g
money into the program. The School Board is not soliciting the City's
p
a
r
t
i
c
i
p
a
t
i
o
n
in the administration of the programs.
General discussion took place between School Board and Council members.
rauly questioned what the role of the City is for Community Educatio
n
o
t
h
e
r
t
h
a
n
funds and suggesting programs. Director of Business Affairs for the Sch
o
o
l
District Merle Comm explained that the monetary involvements of the Cit
y
g
e
n
e
r
a
l
l
y
are closely associated with the use of buildings and direct labor neede
d
t
o
t
a
k
e
care of those buildings for community recreational programs. Approximat
e
l
y
4
3
%
of the usage after school hours is in the community recreation program.
1;1
Minutes - 4 - Tuesday, December 20, 1977
IV. DISCUSSION ON COMMUNITY EDUCATION AND COMMUNITY RELATIONS (continued)
Larry Erie, State Director of Community Education, read from the State Law
pertaining to Cmmunity Education.
Osterholt questioned if it is a State requirement that the City contribute
to a Community Education Program. Mr. Erie replied there is no requirement.
He further commented that he has been impressed with the Community Education
program in Eden Prairie noting that the goals and objectives were great,
the community resources booklet topnotch, and the Community Education
Expos impressive.
Mr. Erie clarified that the use of Community Education funds shall be made by
recommendations of a District Advisory Council and in 1973 Eden Prairie was
supposed to have this Advisory Council formed in order to receive state aid.
However, Mr. Erie explained he had overlooked the fact that Eden Prairie did
not have their Advisory Council formed, and in the future he will make sure
this Council is activated in order for Eden Prairie to be eligible for state
aid.
Council members thanked the School Board for their attendance.
V. REPORTS OF ADVISORY COMMISSIONS
No reports.
VI. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 77-43, rezoning_properties in Southwestern
Eden Prairie which reverted to I-General back to Planned Studi
MOTION: Bye moved, seconded by Pauly, to adopt the 2nd Reading of
Ordinance No. 77-43, rezoning properties in Southwestern Eden Prairie
which reverted to I-General back to Planned Study. Motion carried
unanimously.
B. Resolution No. 77-162, requestiathe revocation of the Charter of the
National Colporation for Housing Partnerships
Meyers requested amendments to he made by the City Attorney to Resolution
No. 77-162.
MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 77-162 as
amended, requesting the revocation of the Charter of the National Corporation
for Housing Partnerships. Motion carried unanimously.
C. Resolution No. 77-158, appintino the City Council as a Health Board
MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 77-158,
appointing the City Council as a Health Board. Motion carried unanimously.
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
1. South Henneoin Human Services Council - Councilwoman Pauly
Pauly explained that the South Hennepin Human Services Council had
Council Minutes - 5 - Tuesday, December 20, 1977
I. South Hennepin Human Services Council - Councilwoman Pauly (contin
u
e
d
)
met with three County Commissioners and they wanted to know if
Eden Prairie would be willing to pay a token amount.
Penzel replied we are already providing a token with
Staff time. Otherwise it is the County's responsibilities to
carry the rest.
Osterholt stated we are making a contribution through our County
taxes.
Councilwoman Pauly made the Council aware that the #212 Task Force wi
l
l
be setting up a lobbying day at the State Legislature the end of Janu
a
r
y
o
r
early February inviting all of the legislators, local press, and Stat
e
Department heads interested in a completed #212.
2. oointment of one member to the Development Commission to fill
a
n
unexpired term to 2/28/80
Osterholt placed the name of Don Opheim into nomination.
MOTION: Meyers moved that nominations be closed and that a
unanimous ballot be cast for the appointment of Don Opheim to the
Development Commission to fill an unexpired term to 2/28/80, seconded
by Osterholt. Motion carried unanimously.
Penzel announced that the Adhoc Advisory Committee on Chemical Waste
will be meeting again Wednesday, December 21, and City Engineer Jullie
and Mayor Penzel will be attending. He further stated that as of th
i
s
date nothing has been resolved.
B. Report of City Attorney
City Attorney Thorfinnson explained that he has satisfied himself that
a Park Reforestation Fund could be established and would provide a tax
deduction vehicle for corporations and individuals.
MOTION: Osterholt moved, seconded by Meyers, to establish a Park
Reforestation Fund. Motion carried unanimously.
C. Report of City Manager
1. Request to advertise for bids for a 4-wheel drive vehicle
City Manager Ulstad referred to memo from Public Safety Director
Hacking whereby the Eden Prairie Lions Club has agreed to purchase
a 4-wheel drive vehicle as a replacement for the present unit now
being used by our Reserve Unit. The Lions Club will pay the difference
between the price we receive for our present unit and the cost of a
new one.
Bye expressed his concern with donations for specific items. He
further stated that correctly done the donation should be to the City
of Eden Prairie and the City of Eden Prairie should determine how best
the money should be used.
Council Minutes - 6 - Tuesday, December 20, 1977
I. Request to advertise for bids for a 4-wheel drive vehicle (continued)
Council directed the City Manager to develop a list of needs for
potential contributors, and that if such contributions are offered
that funds be used for that list.
MOTION: Osterholt moved, seconded by Meyers, to receive bids for
a 4-wheel drive Reserve Unit vehicle on January 10, 1978, to be
awarded on January 17, 1978. Motion carried unanimously.
2. Cash Park Fee Policy (Continued from November 15, 1977)
City Manager Ulstad explained that when the PUD's were approved
originally back in 1971 and 1972, that in theory they were approved
based on the existing ordinances in effect at that time, and that
is basically what was used in developing information submitted to the
Council.
City Planner Enger commented on attachments submitted to Council
members and explained that Staff has not been able to come across
any written terms as to density trade-offs.
Don Brauer, Brauer & Associates, spoke to his communication dated
November 9, 1977 regarding the Cash Park Fee applied to Edenvale
and The Preserve PUD's.
The following comments were made by Council members: 1) Cash
park fee should not be a specific figure forever and ever but should
be reviewed every 2 or 3 years, 2) area around Anderson Lakes should
be resolved, 3)resolution of the Edenvale School Park Site as to
dedication - if the City is going to negate this then the cash park
fee should be applied, and 4) establish a new policy that is uniform
throughout the community, i.e., would apply to new or rezoned properties
even though they were within the original PUD (distinction to be made
on the land as it is platted).
MOTION: Bye moved, seconded by Osterholt, to refer this matter to Staff
to incorporate comments by Council members into a Resoiution for action
at the January 17, 1978 Council meeting. Motion carried unanimously.
William Bale, legal counsel for The Preserve, stated if The Preserve
complies with the terms of the PUB in dedicating the land and meets
the cash park fee requirements of Section 11 of Ordinance 93, that is their
position. However, what The Preserve is required to provide the City
under the POD gets much more involved along Anderson Lakes, and The Preserve
would like to resolve this situation. Bale further stated it would be
helpful to know where the line is as there is a strong difference of opinion
where the line is. The critical item left is .the 45 acre scenic easement
portion of the land and where it is going to fall and the size of the ease-
ment. -The Preserve would be willing to make a presentation to the Council
if this easement would be workable.
NO
:ouncil Minutes
- 7 - Tuesday, December 20, 1977
3. Setting of a Public Hearing for Nestlebrook by Mr. & Mrs. Lunzer
MOTION: Meyers moved, seconded by Osterholt, to set February 7,
1978 as the Public Hearing date for Nestlebrook. Motion carried
unanimously.
4. Budget adjustments
City Manager Ulstad spoke to memo from John Frane dated December 16,
1977, requesting that the Council approve an adjustment in the 1977
budget by transferring within the General Fund $15,700 to be applicable
to the areas outlined in the memo.
MOTION: Meyers moved, seconded by Penzel, to approve the City Manager's
request for an adjustment in the 1977 budget by transferring
within the General Fund $15,700 to be apolicable to the areas outlined in memc !
dated 12/16/77. Roll Call Vote: Meyers, Penzel, Bye, Osterholt and Pauly
voted "aye". Motion carried unanimously.
5. Authorization to advertise for bids for phone system
MOTION: Osterholt moved, seconded by Bye, to authorize the receiving
of bids for a phone system for the new addition on January 3, 1978.
Motion carried unanimously.
D. Report of Acting Director of Connunity Services
1. Round Lake Park Building Rental
City Manager Ulstad spoke to memo from Sandy Werts, Acting Director
of Community Services, regarding the rental of the Round Lake Park
building.
Council members felt the fee was not as important as the building
being left in good order when the people are through using the
facility.
City Attorney Thorfinnson suggested that a signed agreement that the
people using the facility would be responsible for any vandalism or
damages to the building might be in order.
Council referred this matter back to Staff for a further recommendation.
2. Information about potential funding of Purgatory Acquisition in the _ _ . _ _ . _ _
northeast area -fEdengate, Markum)
City Manager Ulstad spoke to a form agreement received from the
Metropolitan Parks Foundation which was for a three year period, noting
that the FoundatiGn extended this option to Scott and Hennepin Counties.
At the end of the three years the two counties must exercise this option,
and if this is not done, the Foundation has the option to sell the property
or continue for whatever reasons might be justifiable in their own minds.
The Parks, Recreation & Natural Resources Commission recommendation is to
follow the same approach with the Markum and Edengate properties. Ulstad
questioned if the Council would like to have Staff proceed with the •
recommendation of the Parks, Recreation & Natural Resources Comnission.
jq
Council Minutes - 8 - Tuesday, December 20, 1977
2. Information about potential funding of Purgatory Acquisitipn in the
northeast area (Edengate, Markum) (Continued)
Ulstad further explained if we made an inquiry it would take about 90
days to receive an answer back from the Metropolitan Parks Foundation.
MOTION: Meyers moved, seconded by Bye, to pursue with the Metropolitan
Parks Foundation the potentiality of the City making an acquisition
with their money of the Edengate and Markum properties, and that the
Parks, Recreation & Natural Resources Conmdssion start the Public
Hearing process on the implementation of the Purgatory Creek Plan
in that sector. Motion carried unanimously.
E. Report of City Engineer
1. Final Plat approval for Condon/Naegele Realty, Golden Strip Addition
Don Brauer, Brauer & Associates, spoke to the final plat for
Condon/Naegele Realty, Golden Strip Addition, and answered questions
of Council members. Brauer stated that the land proposed for dedication
to the City around Smetana Lake is to be credited only to the three auto
dealership sites east of Schooner Boulevard, and the sites west of
Schooner Boulevard would be charged the cash park fee.
Council requested that the name be changed from Condon/Naegele
Boulevard. Brauer stated he would see that another name is selected
to meet the City's approval.
Meyers requested that the City make a requirement that the driveway
access on to Highway 169 be moved when the road is ready for use.
Brauer stated he would be agreeable to that stipulation.
Chris Enger spoke to the recommendation of the Planning Commission
and explained that the Parks, Recreation & Natural Resources Commission
chose not to take any action as they stated they needed further time to
review the plat.
MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 77-159,
approving the final plat of Condon/Naegele Realty, Golden Strip Addition,
subject to the actual deeds being received for Outlots D and E.
Motion carried unanimously.
2. Final draft of Eden Prairie/Chanhassen sanitary sewer service agreement
Council requested that an amendment be made to the agreement that
if the Metropolitan Waste Control .Commission charges go up, that
Chanhassen should also share the increases in the charges.
MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No.
77-164, approving the sanitary sewer service agreement for the East
Lotus Lake/Duck Lake area as amended. Motion carried unanimously.
Council Minutes - 9 - Tuesday, December 20, 1977
3. Agreement with Metropolitan Waste Control Commission for Bluffs
West road construction of interceptor sewer
MOTION: Bye moved, seconded by Meyers, to approve the agreement
with the Metropolitan Waste Control Commission for Bluffs West road
construction of an interceptor sewer. Motion carried unanimously.
4. Approve_plans and specifications and order advertisement for bids
on City Well No. 3
MOTION: Meyers moved, seconded by Penzel, to adopt Resolution No.
77-160, approving plans and specifications and order advertisement for
bids on City Well No. 3. Motion carried unanimously.
5. Authorize appropriation of NSA funds for traffic signal costs at
TH 5 and Mitchell Road
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 77-161, authorizing the appropriation of MSA funds for traffic signal
costs at TM 5 and Mitchell Road. Motion carried unanimously.
F. Report of Finance Director
1. Clerk's License List
Mr. Hinn, owner of Genghis Khan of Sapporo, appeared before the Council
and stated that their problems have now been taken care of, and the
action he has taken should prevent ruture occurrences.
MOTION: Bye moved, seconded by Pauly, to approve the Clerk's
License List dated December 20, 1977. Motion carried unanimously.
2. Payment of Claims Nos. 8088 - 8264
MOTION: Osterholt moved, seconded by Bye, to approve Payment of
Claims Nos. 8088 - 8264, excluding 8176. Roll Call Vote: Osterholt,
Bye, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously.
VIII. NEW BUSINESS
A. Communication from Hennepin County requestiu_setting of a date by the
Council for the Board of Review
MOTION: Osterholt moved, seconded by Bye, to set Tuesday, May 30, 1978,
8:00 PM, at the Eden Prairie City Hall for the Board of Review meeting.
Motion carried unanimously.
B. Draft letter on bond refunding
Meyers questioned if the City Council is going to have a special meeting
on bond refunding. City Manager Ulstad responded that at this time the
Council is to receive the information and call a meeting for another
date.
I '13
Council Minutes - 10 - Tuesday, December 20, 1977
C. Information on an ordinance to amend Ordinance No. 102
Council requested that an ordinance to amend Ordinance No. 102
be placed on the January 3, 1978 Council agenda. The requested
ordinance would regulate the licensing and operation of dance halls
within the City of Eden Prairie.
IX. ADJOURNMENT
MOTION: Meyers Roved, seconded by Osterholt, to adjourn the Council
m
e
e
t
i
n
g
at 11:35 PM. Motion carried unanimously.
AA4111 2
300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 29
1
-
6
3
5
9
January 6, 1978
Roger Ulstad
City Manager, Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota
Dear Roger:
Jim Daly, the Metropolitan Council representative from your area
would like to attend your council meeting on January 17. Jim
has been visiting the city councils in his district in order to
stay in touch with the problems and concerns of the area.
In addition to giving Jim the opportunity to discuss mutual concerns
he would also like to present Eden Prairie's entitlement check as
provided under the Land Planning Act.
If you have particular issues which you like discussed please let
me know.
Bill Lester
Program Manager, Community Servicel
BL/kg
jq
Agv it Croat od 10 Conrclinato I Ito Planning and Dovelon t of the Twin Cition Motrnpollitan Area Cominienng:
Anoka Con iity • Co. v111 1.01111ty n , Dakota Cut., ty Huainan.. County lininony County 0 Scott County 0 Wtudaing
t
o
u
CM nnn ty
15801 Cedar Ridge Road
Eden Prairie, Minn. 55344
January 12, 1978
Mayor Wolfgang Penzel
Councilmen Bill Bye
Joan Myers, David Osterholt
Sydney Pauly
City of Eden Prairie
City Hall
Eden Prairie, Minn.55344
Dear Mayor and Council:
Thank you for the opportunity to serve on the Flying Cloud
ad hoc Committee. Enclosed for your information are
papers of findings and a draft position which general-
ly reflect a compromise position between differing views
of our citizens' caucus. We tried to protect Eden Prair-
ie's essential interests, and recognize concerns of the
airport operators (MAC), Federal authorities, and the
effected businessmen. We were also aware of certain
court cases which may prove ultimately most important.
In the Ad Hoc Committee's January 11 meeting, most of
the change and recommendations were supported by a vote
of 16 to 8. All negative votes were cast by citizen
members. If the ultimate Metropolitan Airports Comm-
ission decision supports the majority findings, the
following desirable aspects will be effected:
I. Prohibition of jet training flights which may help
relieve concerns for safety and excessive noise/use.
2. Adoption of a specific, enforceable noise standard.
3. Diversion of most jet and other noisy aircraft to
a lengthened (but limited) Southern East-West runway.
4. Finalization of operations only after an 18 month
test period followed by a public hearing.
5. Creation of a committee charged with reviewing
grievances, plans, and operations and with improving
communications between all interested parties.
T cast one of the "No" votes because of concern that
F.A.R. 36, in setting a single noise standard for all
airports, may prove inadequate protection for those
residing closest to the airport. Flying Cloud, and
Eden Prairie should not be obliged to accept the
same noise emmissions as those at O'Hare, Kennedy or
even Wold. Another issue with F.A.R. 36 is that it
applies solely to jet-propelled aircraft.
2
If, as our citizen committee came to decide, the issue
is noise, then that problem should be addressed. We
had hoped that some consideration of the sideline
matter would result in some limitations to the allowable
levels which, I believe, would be unacceptable. At
this time, to our knowledge, there are no aircraft
in use, or planned for use, which might be very object-
ionable. As Ordinance 51 restricts only to F.A.R.36
it is possible that the noise problem we wish to avoid
may develop.
Eden Prairie might seriously consider some form of noise
ordinance, not leveled at aircraft exclusively, but at
all excessive (however that would be defined) noise.
The above comments are personal, and do not represent
those of others. I believe the final recommendation
which went, or was to go, to the Metropolitan Airports
Commission is a good first step at attempting to meet
Eden Prairie's needs within the many constraints of
other governmental bodies and the cooperative attitude
of Flying Cloud's Businessmen will be important to its
success.
.Again, thank you for the opportunity to work, listen and
work toward a reasonable solution.
Sincerely,
Kent Barker
January 10, 1978
DRAFT POSITION
Ordinance 51 as proposed, is not acceptable to the Ad Hoc
Committe Citizen members.) bu+ with the following Ordinance
Amendments and .,14:d403 the following Recommendations, the
Citizens reluctantly would agree to an Amended Ordinance 51.
Amendments:
A. Jet aircraft 20,000 pounds or less maximum take-off
weight that (delete "can"), when flown in accordance
4ith normal (not noise abatement) procedures set forth
in the manufacturer's aircraft flight manual (add under-
lined), meet the noise emission levels of Federal Air
' Regulations Part 36 , (except that sideline nois, , measured
one-fourth mile from the runway, shall not exceed 80
decibels), (add underlined) be permitted except when used
for flight training in jet aircraft (delete "use").
Recommendations:
A. That Ordinance 51 (as amended) be adopted for a trial
period of (up to) 18 months, during which period the
Metropolitan AirportsCommission would regularly monitor
noise levels and record the frequency of jet traffic
tn.e, towor comp I aints,s, ety or other problems, etc.
Draft Position
Page Two
Recommendations - A. (Cont'd.)
At the end of this trial period the Ordinance should
be terminated, modified or made permanent by the
Metropolitan Airports Commission following a public
hearing in Eden Prairie.
B. As the only exception, the modified Lear Jet which has
been operating from fiasco, although it may not ether-
ciDtLW3 t-
wise conform to noise emission levels of amended Ordi-
iN
fleece 51, could continue to be based and operated at
Flying Cloud Airport until retired from service, when
it could be replaced by jet equipment meeting ended
Ordinance 51.
C. Both the Eden Prairie City Council and the MetroNPolitan
Airports Commission should commit themselves to defend,
through all avail able legal channels and court appeals,
any attempt to liberalize or strike down amended Ordi-
nance 51.
D. The Metropolitan Airports Commission should extend the
Southern-most East-West runway by up to 300 feet beyond
the length of the present Northern East-West runway, and
not lengthen the present Northern Fast-West runway.
Draft Position
Page Three
E. The extended Southern East-West runway should beco me
the normal runway for all jet aircraft.
F. The Metropolitan Airports Commission, upon application
) by the City of Eden Prairie, should grant long-term
CO
or more years) recreational land use rights exclus-
v
j ,"Wively to the City for buffer land at all runway endi,
during which period the use could be recaptured only
with City Council agreement.
7/ 1 G. A permanent comini t tee of six or more members should be
established to review, at least quarterly, Flying Cloud's
operations, citizen or business grievances, development
plans, etc, to improve communications and understanding
between the airport businessmen, airport operators and
the City of Eden Prairie. At least 50M of the members
should he Eden Prairie residents with no affiliation with
MAC, FAA or any Flying Cloud Airport business.
UNOFFICIAL MINUTES
OF
MOTIONS FROM THE FINAL MEETING OF THE
ORDINANCE 51 ADHOC COMMI1TEE,JAN.11, 1978
Place: Elliot Beechcraft
Motion 1:
The committee unanimously voted to have the citizen's caucus of the adhoc
committee Findings and Conclusions placed in the record.
Motion 2:
Pierce moved, Barker seconded, to recommend approval of Ordinance 51 , amended to
delete can from 2.1 ; and the following recommendations:
a. That Ordinance 51 as amended be adopted for a trial period of
up to 18 months, during which period the Metropolitan Airports
Commission would regularly monitor noise levels and record the
frequency of jet traffic use, tower complaints, safety or other
problems, etc. At the end of this trial period the Ordinance
would be terminated, modified or made permanont by the Metropolitan
Airports Commission following a public hearing in Eden Prairie .
b. Both the Eden Prairie City Council and the Metropolitan Airports
Commission should commit themselves to defend, through all
available legal channels and court appeals, any attempt to
liberalize or strike down Ordinance 51.
c. The Metropolitan Airports Commission should extend the Southern
most East-West runway by up to 300 feet beyond the length of the
present Northern East-West runway, and not lengthen the present
Northern Fast-West runway.
d. The extended Southern East-West runway should become the normal
runway for all jet aircraft.
e. A permanent committeeof six or more members should be established
to review, at least quarterly, Flying Cloud's operations, citizen
or business grievances, development plans, etc, to improve communi-
cations and understanding between the airport businessmen, airport
operators and the City of Eden Prairie. At least 50% of the members
should be Eden Prairie residents with no affliations with MAC, FAA
or any Flying Cloud Airport business.
Motion carried.
12 yes - Flying Cloud Businessmen
4 yes - Residents (Peterson, Brown, Pierce,Glen Schaufler (Lois Westlund's
alternate)
8 no - Residents (Sundstrom, Schee, Ostenson, Williamson, Barker, Luke,
Laidlaw, Jensen)
151
Unofficial Minutes-Final Meeting of Ord 51
Jan. 11, 1978
Adhoc Committee
Motion 3:
Sundstrom moved, Barker seconded, that the recommendations in Motion 2
from the adhoc committee may not adequately address side line noise.
Motion failed : 13 nays, 8 yes, 2 abstains, 1 absent ( Schee ).
Meeting adjourned approximately 11:15 PM.
Respectfully submitted,
Chris Enger, Planner Director
City of Eden Prairie
METROPOLITAN AIRPORTS COMMISSION
ORDINANCE NO. 51
An Ordinance of the Metropolitan Airports Commission relating
t
o
t
h
e
management and operation of its airports, adopted to promote the
public health, peace,. welfare and safe operations; restricting
t
h
e
operations of jet aircraft at and from Flying Cloud Airport; and
prescribing the penalties for violation thereof.
The Metropolitan Airports Commission,. sometimes referred to as
t
h
e
Minneapolis-Saint Paul Metropolitan Airports Commission, does or
d
a
i
n
:
Section 1. DEFINITIONS. The following words and phrases, when
u
s
e
d
in this Ordinance, shall have the meanings respectively ascribed
t
o
them in this section.
1.1 AIRPORT - Flying Cloud Airport, a public airoort 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 publi
c
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 tq-le 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 an:: all flight training involving the u
s
e
o
f
jet aircraft are prohibited to, at or from the airport.
2.1 Jet aircraft 20,000 pounds or less maximum takeoff weight
that -een-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 cperating 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-
demeanors set forth in Minnesota Statutes, Section 609.C31 or as
the mane 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 provisicns 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.
cloud Ailpott
Ad Hoc Committee
12 January 1978
7
FINDINGS /CONCLUSIONS
1. The Ad Hoc Committee and the resources provided by the MAC have
given an invaluable opportunity to its members. The Committee
appreciates and thanks the several experts, who addressed the Com-
mittee, facilitating the correction of many misunderstandings,
aided the finding of fact, and promoted a cooperative effort.
2. The purposes and efforts of the MAC must be continuously and sincerely
communicated to the affected community and environment around
Flying Cloud Airport. Constructive feedback to assess the effec-
tiveness of its communication should be continuously solicited.
3. Paragraph 4.2.2.D, as quoted in the memorandum, dated 27 July 77,
by Judge Lebedoff, is not the version as approved by the MAC as
'part of the entire Flying Cloud Operations Manual in March, 1977.
4. Noise pollution is the issue; not jets or the specific means of
aircraft propulsion.
5. "Noisy" propellar aircraft operate at Flying Cloud today.
6. The ambient noise level in Eden Prairie today is perceived by the
community as quieter than the more urban Metropolitan area and
should be protected.
7. Flying Cloud businessmen, as a group, are demonstrating a desire to
act in a manner compatible with the surrounding community and envi-
ronment.
-2-
8. Flying Cloud Airport is intended as a "minor" class airport in the
Metropolitan Council System Statement Aviation Chapter. More
precisely, it is intended to serve the lightest classes (classes
D and E) of aircraft, predominantely. The "minor" classification
is a guide, not a rigid limit.
9. It has not been ascertained at what level of use by other than the
intended aircraft classes, the airport would cease to meet its
intended "minor" classification.
10. The compatibility of jets and non-jets has not been fully explored
by this Committee.
11. Questions of safety are ruled by the FAA.
12. The Cessna Citation noise level as demonstrated during the Committee
proceedings is not considered objectionable. In fact, the Citation
would be preferred to many noisier propellar aircraft now using
Flying Cloud.
13. FAR Part 36 allows noise levels greater than the Citation demon-
strated. We conclude that objections would be raised by residents
who would be subjected to maximum noise levels permitted under
FAR Part 36.
14. A best estimate of jet aircraft operations, prior to Judge Lebedoff's
order, is 6 - 8 operations/week.
-3-
15. No estimate of future volume of jet operations, if permitted, can
be anticipated.
16. The 12,500 lb. aircraft weight division point used by the Metro
Council to classify aircraft may be an irrelevant, obsolete number.
17. The legal status of jets at Flying Cloud airport, if Judge Lebedoff's
order were not in effect, is not clear.
18. The Metro Council and the MAC have provided and are planning for jets
within the Metro Airport System; Wold-Chamberlain, Holman (St. Paul),
and Anoka.
19. The Flying Cloud Airport Operations Manual, approved March, 77;
intends some jet operation at Flying Cloud Airport.
20. Sideline noise levels, as registered at the north boundary (County
Road #I) of the airport, are lessened if the sane aircraft uses
the southerly E-W runway rather than the northerly E-W runway.
/6 '1
rlt/jh 1/11/78
MEMORANDUM
TO: Chris Eager, City of Eden Prairie
FROM: Ross L. Thorfinnson
DATE: January 11, 1978
RE: City of Eden Prairie - Flight Training Center - Metropolitan Airports
Commission
This Memorandum is in response to your request for clarification of two
issues raised by the discussions of the Ad Hoc Committee.
1. If Ordinance No. 51 is adopted in its present form or with
modifications, what effect would this have on the pending
litigation in District Court File No.- 737441?
In my opinion 11 Ordinance No. 51 were adopted either as proposed or
with modifications pursuant to the public hearings that have been held,
Judge Lebedoff would then review this matter and determine whether the require-
ments of Minnesota Statute Section 473.608 had been complied with. If he felt
that procedures had properly been complied with and that the Ordinance was
adopted pursuant to appropriate procedures, he would undoubtedly grant a
motion to amend his Order to permit jet flights at Flying Cloud Airport in
accordance with Ordinance 51 as adopted. This would not result in the
disposition of the lawsuit since there are still issues in controversy in the
lawsuit that would not be resolved by adoption of Ordinance No. 51.
2. If Ordinance No. 51 is not adopted what would be the status of
this matter before Judge Lebedoff?
Judge Lchedoff's Order clearly states that he does not believe that the
voiding of Section 4.2.2.0 of the Flying Cloud Operations Manual would
authorize the use of jet aircraft at Flying Cloud Airport. He stated
"We believe that the acquiescence in jet flights at Flying
Cloud Airport is no less subject to public hearing than is
the denial of that right."
In view of this fact a refusal to adopt Ordinance No. 51 would not result
in changing Judge Lebedoff's outstanding Order at this time. In order to
permit jet flight at Flying Cloud Airport it is clear under the language
of Judge Lebedoff's Memorandum and Order there must be public hearings which
clearly publicize the fact that the Metropolitan Airports Commission proposes
to permit jet aircraft operations at Flying Cloud Airport and pursuant to
those public hearings there must be a determination by the Metropolitan
Airport Commission that jet aircraft operations will be authorized at Flying
Cloud Airport.
R.L.T.
RLT:jh
P39
DEC 2 1977
STATE OF MINNESOTA
ENVIRONMENTAL QUALITY BOARD
CAPITOL SQUARE BUILDING
December 21, 1977
550 CEDAR STREET
ST. PAUL, 55101
Phone•
Wolfgang Penzel, Mayor
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
RE: Edengate Residential Development
Dear Mayor Penzel:
On December 13, 1977 the Board passed the enclosed resolution and
requested me to emphasize once again the need for Eden Prairie to
cooperate with the Minnesota Department of Transportation in
providing the information requested on November 10, 1977.
It is my understanding that the matter has been tabled until
January 17, 1978. At the December 13 meeting, it was brought
to our attention that the developer had provided as much infor-
mation as possible regarding his own proposal. They further
stipulated that sufficient right-of-way would be dedicated on
each side of the proposed parkway and the 22 units east of the
parkway would be eliminated. With this change, the project
closely resembles the original design which the Board previously
reviewed. After that review, the Board concluded that no Envi-
ronmental Impact Statement was necessary.
The Board and especially the Minnesota Department of Transpor-
tation are still concerned about the status and location of the
parkway. As you are aware, we have reviewed several individual
development proposals that depend on completion of an additional
transportation route.
We hope the resolution of these transportation concerns can be
completed at your January council meeting.
Peter Vanderpolai fel, Chai
cc: Chris Enger, Planning Director, City of Eden Prairie
Frank Burg, Consulting Engineers Diversified
Allen Gebhard, Riley-Purgatory Watershed District
Jonette Kreideweis, Department of Transportation
Ron Harnack, Regional Hydrologist, Dept. of Natural Resources
Gerald B. Pautz, Eden Prairie Townhouse Company
Howard Dahlgren, Consulting Firm
AN EQUAL OPPORTUNITY EMPLOYER
Lc/
STATE OV MINNESOTA
ENVIRONN1ENTAL QUALITY BOARD
CAPITOL SQUARE BUILDING
550 CliDAR STREET
Si'. PAUL, 55101
MINNESOTA ENVIRONNFWAL QUALITY BOARD
RESOLUTION
EDENGATE RESIDENTIAL DEVELOPMENT
Phone:
Mr. Millhone moved:
WHEREAS, the Minnesota Environmental Quality Board (EQB) on November 8, 1977
resolved that the proposed changes to the Fdengate townhouse development plat required
additional environmental review, and that the developer in cooperation with the City
of Eden Prairie, supply an addendum to the environmentJ assessment addressing impacts
identified by the Minnesota Department of 1 .ransportation; and
WHEREAS, the developer in keeping with this recommendation has provided
adequate additional information regarding the dedication of rights-of-way to accommodate
the proposed Eden Parkway and site plans reflecting building setbacks and grading to
mitigate noise effects; and
WHEREAS, despite requests from the Minnesota Department of Transportation,
the City of Eden Prairie has not supplied information on the status of road plans for
the Edengate area, a commitment to the construction of Eden Parkway or analysis of what
effects can he expected to occur if the road is not constructed; and
WHEREAS, the developer has amended the plan to remove 22 units east of
the parkway; and
WHEREAS, the developer will agree to pay a front footage assessment for. the
parkway on approximately 4,476 front feet at $28.00 a front foot amounting to a total
of approximately $125,000;
THEREFORE, BE IT RESOLVED:
THAT the EQB authorize the chairman to direct a letter to the City of Eden
Prairie requesting that the city answer the above items by February 1, 1978; and
THAT the information supplied by the developer be considered adequate to
address present concerns; and
THAT the missing information is the sole responsibility of the City of Eden
Prairie; and
THAT, lacking city action on above items, the EQ3 believes at this time that
this pioject is not a new action and will determine this question at its February inaetitu
Seconded by Mr. Magnuson, the motion carried unanimously with Vanderpoel, Gardebring,
Lawson, Lukermann, M -ignuson, Mill hone, Schwartz and Walker voting aye, Brooks, Harringto“
Nye and Oimmn not present.
ADOPTED: December 13, 1977
AN EOUALOPPONTONITYckvtoym It!
CII ()i F ICES / 1950 LOIN PRAIRIE ROA() / EDEN PRAIRIE, MINNESOTA 55343 / TELEPHONE i6123 541.3212 (.,
,....-_. 1(,.....1
,1:::.j ....._ .
'—j[-.) . '-
c:711'.11=4 —'
December 23, 1977
Ms. Phyllis Hanson
Metropolitan Council
Suite 300
Metro Square Building
St. Paul, Minnesota 55101
Dear Ms. Hanson:
The Eden Prairie Parks, Recreation and Natural Resources Commission
recently reviewed the City's trail plan and has recommended the following
additions to the City's plan, which they would like included in the
Metropolitan Council's Regional Trail Plan. A map designating these
locations is attached.
1. County Road 1 west of County Road 4.
2. Valley View Road, existing and proposed, and the corridor along
the old abandoned railroad R.O.W. to Highway 101.
3. A connection from Shady Oak Road in Hopkins thru Bryant Lake
Park to 62 Crosstown alignment to Chanhassen and south to
Valley View Road.
At the December 20 meeting, the Eden Prairie City Council requested a
Post/on from the Metropolitan Council on the Purgatory Creek Corridor in
Eden Prairie. The Metropolitan Council has this area classified as lineal
open space. The City of Eden Prairie has developed a framework for the
preservation, management and recreational utilization of the Purgatory
Creek Corridor. However, before the City can proceed with its plan the
City Council would like suggestions as to methods of acquisition, new
funding sources and potential money available. In other words, is it
feasible for the City to consider acquisition of the land along this
corridor.
We have approached the Metropolitan Parks Foundation for interim funding
of land along Purgatory Creek in the Northeast Sector of Eden Prairie.
We will not receive an answer from the Foundation for 90 days. As this funding
would be in the form of a loan, we would not wish to proceed with acquisition
until we know what type of money may he available to us to repay the loan
and continue acquisition. We would appreciate an answer within the 90 day
time frame if at all possible.
Ms. Hanson -2- 12/23/77
If you have any further questions on either matter, please feel free
to contact me.
Sincerely,
CITY OF EDEN PRAIRIE
Sandra F. Werts
Acting Director of Community Services
SFW:md
Encl:
MEMO
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Chris Enger, Planning Director
Carl jullie, City Engineer
January 13, 1978
EDENGATE DEVELOPMENT
At the December 7, 1977 City Council Meeting, the City Council
instructed the staff and proponent to respond to the following
items by the Jan. 17, 1978 Mooting :
1). The proponents offer to delete 22 units be accepted. The proposed
site plan has been changed to reflect deletion of 22 units.
2). The proponents respond and identify parkway accesses
to the site.
(the proponents will respond to item 2 at the Jan.
17, 1978 meeting)
3). Have staff respond if they are satisfied as to the gradings
and storm sewer and its dumping into the floodplain area.
The developer's consultant informed us that they have prepared a
preliminary drainage plan, showing proposed storm sewer conduits and
3 retention ponds, in response to the watershed district's concerns.
At the time of this writing we have not yet seen this plan, however,
we do know the proposed location of the drainage ponds, which appear
to be feasible. Our approval of the proposed drainage plan is contin-
9ent upon watershed district review and approval.
The grading plan for the project is relatively unchanged from previous
submissions. The developer's engineer stated that approximately
40,000 cu.yds. of fill material could be made available for construction
of DP11 Pnad by a cmall adjuctmpnt in the grading plan. The proposed
location of Dell Road results in an alignment which crosses several
areas of poor soils which will add approximately $100,000 to tht cost
of construction from Duck Lake Trail to the north property line of
Ldengate . The estimated cost to construct stage I of Dell Road from
Duck Lake Trail to the south entrance to Edengate (760') is $125,000.
An additional $130,000 will be required (all city expense) to construct
Dell Road from the south entrance to the north property line. We
understand that the developer has offered to pay $125,000 toward con-
struction of Dell Road in addition to dedicating the ROW.
10t1,
Memo-Edengate -lb- Jan. 13, 197C
It seems that there are at least 3 options that the
Council can consider:
1. The developer pay for the extra costs due to poor
soils(S100,000).
2. The City absorb the extra cost in its MSA fund.
3. Move the road westerly out of the poor soils.
Our previous policy for parkway construction was to require
the developer to complete all grading and construct 2 lafies
of surfacing, and therefore we were not especially concerned
about the road location. Now, however we have a fixed, front foot
rate policy which results in the MSA fund absorbing extra costs
due to poor soils or any other special conditions of any specific
alignment.
Memo- Edengate -2- Jan. 13, 1978
4. Attempt to resolve MN/Dots concerns regarding the EAW.
In a memo to the Council, dated December 1, 1977, the
staff outlined the concerns that the Environmental Quality
Board,and specifically the Minnesota Department of Transpor-
tation,had regarding the Edenqate proposal. The EQB hoped
to settle the matter at their Dec. 13, 1977 meeting , but
as we had made clear earlier to the EQB staff, it would be
premature to answer transportation concerns for that area
without due consideration upon staff recommendations by the
City Council. I so stated this in a letter to the EQB staff
requesting that the item be continued until their February
meeting. As a result of this, and a subsequent meeting of
the EQB on Dec. 13, 1977, we received the resolution from
the Board, and the letter dated Dec. 21, 1977, from Peter
Vanderpoel, Chairman, EQB.
The Planning Staff outlines the following findings for your
consideration:
a. The 1968 Comprehensive Guide Plan designates Dell Road
as north/south collector (Guide Plan attached)
b. The 1990 Metropolitan Council "Functional Classification
System" designates Dell Road as a collector of a 30-45mph
desion speed. capable of carrying 1.000-15.000 ADTs,
with a planned ROW of 66-100 feet. ( attached )
c. The Guide Plan Update designates Dell Road as a collector
road hooking into TH 101 north of the railroad tracks.
In reviewing this with Don Brauer, Planning Consultant,
he has now checked with MN/Dot, District V Engineers
regarding crossing of the railroad tracks north of TH5
by Dell Road. Their feeling is that a bridge would not
be necessary. Therefore, the Draft Guide Plan will no
longer show Dell Road hooking west into TH 101, but,
rather will propose completion of Dell Road down to TH 5
by 1990.
One hundred (100) feet of ROW for Dell Road has been
dedicated through Maple Leaf Acres III and Hidden Ponds II.
e. fifty (50) foot setbacks have been required in Maple Leaf
Acres III and Hidden Ponds II and no lots front onto Dell Road.
f. The Council has made a previous commitment to the completion
of Valley View Road in some form from Dell Road east over
to Co. Rd. 4 within 5 years. The staff would recommend the
Council extend this commitment to include construction of
first phase Dell Road, from Valley View Road to Duck Lake
Trial to serve Hidden Ponds II, Mole Leaf Acres I, II, III;
Lochanburn, and Fdengafe. This would allow approximately
164 units in Maple Leaf Acres (I-III), 40 units in Lochanburn,
and 176 units in Edengate to reach Valley View Road.
J
Memo-Edengate
-3- Jan. 13, 1978
9.
All of Maple Leaf Acres I. II & III, and Hidden Ponds II
can gain access to Valley View Road prior to the Dell
Road connection, however, this access would mainly occur
on local neighborhood roads, rather than a collector.
Dell Road is planned for a 35-45mph design speed with an
ultimate four lane, 48 foot surface, section. It is
planned as a local collector and would take vertually all
locally generated trips that would otherwise feed to TM Inl.
h. The timing for completion of Dell Road north of the Edengate
project is shown in the Updated Guide Plan , 1990 Thoroughfare
Plan, however, this will be dependent upon development in the
area .
i. Hennepin County plans in their 1978 5 Year CIP : 1) the
completion of Crosstown 62 from Shady Oak Road west to
1-494 by 1983, 2) the completion of an up-grading of Townline
Road west of Co. Rd. 4 to TM 101 to a two lane highway by 1982.
j. The ultimate design volumes of Dell Road will be 8,000-10,000
ADTs.
k. Truck traffic on this road will be discouraged by :1)signing,
speed limit, 3) stop signs,and 4) railroad crossings.
1. The setbacks to the buildings in Edengate will have to be
50 feet from the right-of-way.
5. Have staff prepare a staging plan for development so that the property
could be developed in a logical manner without having to overload
Duck Lake Trail.
Our recommendations on the original Edengate proposal was to phase
the project at 50 units/year. This would allow a somewhat gradual
increase in traffic on Duck Lake Road (350 trips) rather than a
dramatic increase (1230 trips) if all 176 units were built and
occupied in one year.
113 D
Memo -Edengate
-3b- Jan. 13, 1978
The phasing of 50 units per year woul
d
g
i
v
e
t
h
e
C
i
t
y
a
b
o
u
t
31/2 years to complete Dell Road and V
a
l
l
e
y
V
i
e
w
R
o
a
d
t
o
Co. Rd. 4 and thus relieve Duck Lake
T
r
a
i
l
a
t
t
h
e
t
i
m
e
Edengate would have its full traffic
i
m
p
a
c
t
.
The developer's staging plan is prop
o
s
e
d
a
s
f
o
l
l
o
w
s
:
Date
Summer 1978
Winter 78-79
Summer 1979
1980
The traffic volumes on Duck Lake Tra
i
l
a
r
e
e
s
t
i
m
a
t
e
d
a
t
2
,
2
0
0
at Co. Rd. 4 and 1,200 at TM 101. Traffic generated from the
Edengate project would probably split
i
n
a
r
a
t
i
o
o
f
2
:
1
,
east to west respectively.
We believe that the developer's propo
s
e
d
p
h
a
s
i
n
g
s
c
h
e
d
u
l
e
i
s
reasonably close with our original re
c
o
m
m
e
n
d
a
t
i
o
n
a
n
d
c
o
u
l
d
b
e
approved, subject to future review if
t
r
a
f
f
i
c
p
r
o
b
l
e
m
s
d
o
become apparent on Duck Lake Trail.
Phase
Units
44
48
58
22
Memo-Edengate -4- Jan. 13, 1978
6. We will present a graphic at Tuesday's meeting which will
delineate floodplain.
-the project's total land area is 118 acres
-the assessments for trunk sewer and water were based
upon our engineering staff's estimate of developable
area of 48.93 acres
-the project size is 382 acres , plus 4.3 acres Dell Road ROW
with 75.5 acres being offered for public dedication.
The 1968 Guide Plan designates this area as single family
residential. Under Ord. 135, maximum density for single family is
2 units/acre. This would allow for a maximum unit number of
spread throughout the site of 236 single family homes. In order
to allow higher density on the buildable land, a density transfer
has been made. However, since the developer is now proposing
176 units, he would only need 88 acres to accomplish an adequate
density trade-off. Therefore, the difference between the 118 total
acres and the 88 acres needed for a density credit for 176 units
Is 30 acres.
Therefore, even through approximately 80 acres is proposed to be
dedicated to the public only 30 acres of this can be considered
as counting toward the recreation open space commitment. However,
the staff would recommend that the Council consider this as being
adequate to meet the open space commitment.because this land
would otherwise have to be purchased by the City if any active
recreational uses (i.e. golf course ) were to be implemented.
7. Request the developer to examine the possibility of a 3rd Addition
access on to Dell Road in the north end of the property.
The developer does purpose inclusion of a northern access on to
Dell Road. This access would of course be dependent upon the
timing of extension of Dell Road to that point.
8. Request staff to review the 8-10% grading on the southern connection
to Dell Road to determine if this poses any.problems.
The developer's consultant has informed us that the grading plan did
not properly account for the proposed elevation of Dell Road and that
the entrance road would be at a gradient of approximately 4% rather
than 8-10%.
CE/CJ:jj
THOROUGHFARE PLAN
Naos TREEWAYS
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COLLECTORS -- PARKWAYS
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APR 141977
EDEN PRAIRIE Map A4
1990 FUNCTIONAL
CLASSIFICATION SYSTEM
•
Princip3I AriPrial
.•-n-•••• Intermediate Arterial
Minor Arterial
Collector
December 21, 1977
STATE OF MINNESOTA
ENVIRONMENTAL QUALITY BOARD
CAPITOL SQUARE BUILDING
550 CEDAR STREET ;
ST. PAUL, 55101
Phone:
Wolfgang Penzel, Mayor
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
RE: Edengate Residential Development
Dear Mayor Penzel:
On December 13, 1977 the Board passed the enclosed resolution and
requested me to emphasize once again the need for Eden Prairie to
cooperate with the Minnesota Department of Transportation in
providing the information requested on November 10, 1977.
It is my understanding that the matter has been tabled until
January 17, 1978. At the December 13 meeting, it was brought
to our attention that the developer had provided as much infor-
mation as possible regarding his own proposal. They further
stipulated that sufficient right-of-way would be dedicated on
each side of the proposed parkway and the 22 units east of the
parkway would be eliminated. With this change, the project
closely resembles the original design which the Board previously
reviewed. After that review, the Board concluded that no Envi-
ronmental Impact Statement was necessary.
The Board and especially the Minnesota Department of Transpor-
tation are still concerned about the status and location of the
parkway. As you are aware, we have reviewed several individual
development proposals that depend on completion of an additional
transportation route.
We hope the resolution of these transportation concerns can be
completed at your January council meeting.
Sincerely,
Peter Vanderpool, Chaifman
cc: Chris Enger, Planning Director, City of Eden Prairie
Frank Burg, Consulting Engineers Diversified
Allen Cebhard, Rilcy-Purgatory Watershed District
Jonette Kreidewcis, Department of Transportation
Ron Rarnack, Regional Hydrologist, Dept. of Natural Resources
Gerald B. Pautz, Eden Prairie Townhouse Company
Howard Dahlgren, Consulting Firm
AN EOUAL OPPORTUNITY EMPLOYER
•C-!=a,®
STATE OF ?iliNNESOTA
ENVIRONMENTAL QUALITY ROAIZU
CAPITOL SQUARE BUILDING
550 CEDAR srmT:r
ST. PAUL, 55101
MINNESOTA ENVIRONMENTAL QUALITY BOARD
RESOLUTION
EDENGATE RESIDENTIAL DEVELOPMENT
Phone:
Mr. Millhone moved:
WHEREAS, the Minnesota Environmental Quality Board (EQ8) on November A, 1977
resolved that the proposed changes to the Edengate townhouse development plat required
additional environmental review, and that the developer in cooperation with the City
of Eden Prairie, supply an addendum to the environmental assessment addressing impacts
identified by the Minnesota Department cf Transprtation; and
WHEREAS, the developer in keepino with this recommendation has provided
adequate additional information regarding the dedication of rights-of-way to accommodate
the proposed Eden Parkway and site plans reflecting building setbacks and grading to
mitigate noise effects; and
WHEREAS, despite requests from the Minnesota Department of Transportation,
the City of Eden Prairie has not supplied information on the status of road plans for
the Edengate area, a commit:2ra to the construction of Eden Parkway or analysis of what
effects can be expected to occur if the road is not constructed; and
WHEREAS, the developer has amended the plan to remove 22 units east of
the parkway; and •
WHEREAS, the developer will agree to pay a front footage assessment for the
parkway on approximately 4,476 front feet at $28.00 a front foot amounting to a total -
of approximately $125,000;
THEREfORE, BE IT RESOLVED:
THAT the EQB authorize the chairman to direct a letter to the City of Eden
Prairie requesting that the city answer the above items by February 1, 1978; and
THAT the information supplied by the developer be considered adequate to
address present concerns; and
THAT the missing information is the sole responsibility of the City of Eden
Prairie; and
THAT, lacking city action on above items, the EQB believes at this time that
this project is not a new action and will determine this question at its February meetin,,
Seconded by Mr. Magnuson, the motion carried unanimously with Vanderpocl, Cardebring,
Lawson, Luker -mann, Magnuson, Millhone, Sciraartz and Walker voting aye, Brooks, Harringtw
Nye and Ohman not present.
ADOPTED: Decem5er 13, 1977
AN EQUAL GrPORTUNITY EMPLOYER •
IJ
JANUARY 17, 1978
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-16
RESOLUTION ORDERING IMPROVEMENTS FOR
COUNTRY VISTA AND W. 168TH AVE.
I.C. 51-312
WHEREAS, a resolution of the City Council adopted the 6th day of
December, 1977, fixed the 17th day of January, 1978, as the date 'for a pub-
lic hearing on the following proposed improvements:
I.C. 51-312, Utility and street improvements
for the Country Vista Addition and W 168th Ave.
WHEREAS, all property owners whose property is liable to be assessed
for the making of this improvement were given ten days published notice of
the Council hearing through two weekly publications of the required notice
and the hearing was held and property owners heard on the 17th day of Jan-
uary, 1978,:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
1. Such improvement as set out in Council Resolution of December 6,
ig77, and as above indicated is hereby ordered. (and amended
as follows).
2. The City Engineer is hereby designated as the Engineer for this
. project and is hereby directed to prepare plans and specifica-
tions for the making of such improvement, with the assistance
of Rieke Carroll Muller Associates, Inc., Consulting Engineers.
ADOPTED by the City Council of the City of Eden Prairie on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Tine, Clerk
IV. ASSESSMENTS
The developer of Country Vista will be assessed for the entire cost of
the sanitary sewer and the watermain, estimated at $37,750 and $41,530
respectively. This property has also been assessed previously for
trunk sewer and water ($21,080.20) and for lateral sewer and water
($20,383.67). The total assessment for sewer and water, including
existing assessments, would then be $120,744, resulting in a unit
assessment of $3,773 for each of the 32 platted lots.
The street and drainage facilities along 168th Avenue will cost an
estimated $45,180 and the remaining interior streets and drainage facilities
are estimated at $59,280. The developer of the proposed plat of Country
Vista will be assessed for the full cost of the interior streets and would
.normally be assessed for one-half the cost of the 168th Avenue paving
and drainage facilities. However, in order to reduce the impact of
the project on the property along the west side of 168th Avenue, the
developer has indicated a willingness to pay two-thirds rather than
one-half the cost.
The cost to the developer would then be $89,400 with the remaining cost
of $15,060 to be assessed to the property on the west side of 168th
Avenue. The cost per front foot, based on 1007.7 feet along the
west side, amounts to $14.94 per foot. If concrete curb and gutter
are added, the assessable cost would be increased by $4.36 to $19..30
per front foot. The unit assessment for each of the 32 lots in the
Country Vista Addition amounts to $2,794 per lot.
16>
89,400 8,676 3,884 2,495 104,455 168,680 8,676 3,884 2,495 183,735 4,394 2,532 1,134 728 8,788 PRELIMINARY ASSESSMENT ROLL IMPROVEMENT CONTRACT 51-312 Add for Sanitary Streets & Conc. Curb Parcel Oescription Owner Sewer Watermain Drainage Total on 163th Country Vista Raymond and Edith Stodola (Parcel 3440) (Trumpy Hoes, Inc.) 1640 Eden Prairie Baptist Church 1625 Eden Prairie Baptist Church 1660 Phillip Henderson Totals 37,750 41,530 37,750 41,530 Note: Assessments levied against Country Vista to be spread over 5 years. All other assessments to be Spread over 17 years. A bike/pedestrian trailway along the south and west sides of Country Vista would increase the project cost and the assessment to Country Vista by approximately $7,000. The cost is based on an 8' wide bituminous trail along the north side of Duck Lake Trail and along the east side of 168th Avenue.
LW4IG 43.3.31.33.1
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400E IDS CENTER
INNEAPOLIS, MINNESOTA 55402
TELEPHONE 11112, 3E64101
TELEX. 20.0118
1700 FIRST NATIONAL BANK SLOG
SAINT PAUL. MINNESOTA 55101
TELEPHONE (512) 227-720
TELEX 29.7011
29 SQUARE dEMEEUS
1040 BRUSSELS. BELGIUM
TELEPHONE. 0114442
TELEX: 02276
NEITN 600OWIN
STEVEN C. HETTS0
!WADLEY O. EL•HY
THOMAS W. ANOENION
JAMES E. PEDERSEN
ROSEN D. GORDON
SELWYN C.1E:WREN
B RUHN.. do WITST .
1.11E. P. WINE
MARE C. pr TrIISON
HPISTY EN L. WILSESYS
PITA A MIENS
DENNIS P. WHELPLEY
GARY M. NELSON
MARK S. OLSON
1. ENTEHELL POLLEY
11.7LVEN C. NELSON
EDWAND J. HAYWARD .
DANN, R. PENN.-
RINNALL I. DEVOT
RIENANO J. SYSEN
MANN 010ESTA0
RODER/ R HeINHART. JR
POOL R. HANN.
THEODORE J. METER
RICEIAND •. HEWS
SANNLL E. VeLTIIRLIM
.14111,1,,,61:111A.,1.1:0,66.S
January 5, 1978
C 33AHL ft IA LtVf fifw
COWAN." W. SPRING
61.1 V. DONNELLY
OE COUNSEL
.NOT • MEWS. OF
WEE MINNESOTA NAN
The Honorable Mayor Penzel
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota
tr!` -4
OPPENHEIMER, WOLFF, FOSTER, SHEPARD AND DONNELLY
ATTORNEYS AT LAW
Re: Flying Cloud Airport - Zoning Airport Environs (M.S. 360.061 -
360.074)
Dear Mayor Penzel:
Operation of Flying Cloud Field, a public airport owned and operated
by the Metropolitan Airports Commission has an impact on development
and use of lands within your city limits, and continuing development
at the Airport with state and federal aid requires zoning of such
lands consistent with the Airport operation.
Since the area to be zoned is within your municipal limits, the input
of year city would be desirable and you may wish to join with the
Commission in the creation of a Joint Airport Zoning Board in accord-
ance with M.S. 360.063, subd. 3, the law governing airport zoning.
Enclosed is a form of Resolution, consistent with recommendations
coming out of the Aeronautics Division of the State Department of
Transportation, for adoption by your city. If the City does not
pass this Resolution within 60 days, then the Metropolitan Airports
Commission may independently zone the area surrounding the Airport
pursuant to N. S. 360.063, subd. 3(3).
We also enclose a copy of the Airports Commission's 7leso1ution No. 993
initiating the process for airport zoning through a Joint Airport
Zoning Board. We have been directed as Commission counsel to request
your participation in the Airport Zoning Board to be set up to
11,2
Gordon Shepard
Commission Counsel
OPPENHEIMER, WOLFF, FOSTER, SHEPARD AND DONNELLY
The Honorable Mayor Penzel -2- *January 5, 1978
accomplish this zoning. We are sending a like request to the City
of Shakopee located in Dakota County since some part of its lands
may also be subject to zoning under the statute in question.
Very truly yours,
OPPENHEIMER, WOLFF, FOSTER, SHEPARD AND DONNELLY
GS:sf
Enclosures
161
RESOLUTION NO. OF
THE CITY OF EDEN PRAIRIE
AUTHORIZING PARTICIPATION IN A
JOINT AIRPORT ZONING BOARD
At a meeting of the City Council of the City of Eden Prairie
on the day of
, 197_, Councilman
seconded by Councilman , introduced the following
resolution and moved its adoption.
WHEREAS, the Metropolitan Airports Commission, hereinafter
called the municipality, owns and controls Flying Cloud Field, a
public airport located in Hennepin County; and
WHEREAS, portions of the airport hazard area to such airport
are located within the territorial limits of this City; and
WHEREAS, the above municipality has requested in writing that
this City join with them and with the City of Shakopee, Dakota
County, Minnesota in the creation of a Joint Airport Zoning Board;
and
WHEREAS, this City deems it necessary and expedient to parti-
cipate in such a Joint Airport Zoning Board in cooperation with
the Airports commission and the City of Shakopee pursuant to Minn.
Stat. 360.063, subd. 3, and other applicable laws l for the purpose
of establishing, administering and enforcing zoning laws for the
areas surrounding the airport and for the protection of the airport
and the public; and
WHEREAS, the above statute provides that this City has the
right to appoint two persons to said Board (said persons need
not be members of this Board); and
WHEREAS, subd. 8 of Section 32 of the Appropriations Bill
passed by the Minnesota Legislature effective July 1, 1973, provides
that no moneys shall be expended by the Commissioner of Aeronautics
of the State of Minnesota to improve and maintain an airport unless
the governmental unit owning the airport has or is establishing a
zoning authority for the airport.
NOW, THEREFORE, BE IT RESOLVED by the undersigned City of Eden
Prairie as follows:
1. That there be hereby created in cooperation with the
Metropolitan Airports Commission and the City of Shakopee a Joint
Airport Zoning Board to be composed of representatives of the
undersigned City and representatives of the other two municipalities
pursuant to Minn. Stat. 360.063, subd. 3.
2. That the undersigned City hereby appoints
and
to be their representatives on said Board,
said persons to serve for an indefinite term until they resign
or are replaced by the undersigned City.
ROLL CALL
City Councilmen voting aye:
City Councilmen voting nay:
Resolution declared passed:
(Name and Title)
Attest:
I hereby certify that the foregoing resolution is a true and correct
copy of the original resolution passed and now on file in my office
and is recorded in
11 0
1),,mr.ers 044,,
32. November 21, 1977
METROPOLITAN AIRPORTS COMMISSION
RESOLUTION NO. 993
WHEREAS, This Commission owns and controlsa
yiraimausiAirport in
Hennepin County, Minnesota; and portions of airport ha
z
a
r
d
a
r
e
a
to
such airport are located within the territori
a
l
l
i
m
i
t
s
o
f
t
h
e
Nanicipalites of Eden Prairie
and
WHEREAS, The Commission, for purposes of this
R
e
s
o
l
u
t
i
o
n
r
e
f
e
r
r
e
d
to as "municipality", deems it necessary and
e
x
p
e
d
i
e
n
t
t
o
c
r
e
a
t
e
a Joint Airport Zoning Board in Cooperation w
i
t
h
t
h
e
a
b
o
v
e
4iracipalities pursuant to Minn. Stat. 360.063,
S
u
b
d
.
3
,
a
n
d
o
t
h
e
r
applicable laws for the purpose of establishi
n
g
,
a
d
m
i
n
i
s
t
e
r
i
n
g
and enforcing zoning laws for the areas surro
u
n
d
i
n
g
t
h
e
a
i
r
p
o
r
t
and for the protection of the airport and the
p
u
b
l
i
c
;
a
n
d
WHEREAS, The above statute provides that this
m
u
n
i
c
i
p
a
l
i
t
y
h
a
s
t
h
e
right to appoint two persons to said Board (sa
i
d
p
e
r
s
o
n
s
n
e
e
d
n
o
t
'
be members of this Commission); and
WHEREAS, Subd. 8 of Section 32 of the Appropri
a
t
i
o
n
s
B
i
l
l
p
a
s
s
e
d
by the Minnesota Legislature effective July 1,
1
9
7
3
,
p
r
o
v
i
d
e
s
t
h
a
t
no moneys shall be expended by the Commissione
r
o
f
A
e
r
o
n
a
u
t
i
c
s
o
f
the State of Minnesota to improve and maintain
a
n
a
i
r
p
o
r
t
u
n
l
e
s
s
the governmental unit owning the airport has o
r
i
s
e
s
t
a
b
l
i
s
h
i
n
g
a
zoning authority for the airport.
NOW, THEREFORE, BE IT RESOLVED By the undersig
n
e
d
m
u
n
i
c
i
p
a
l
i
t
y
a
s
follows:
33. November 21, 1977
1. That there be hereby created in cooperation with the above
Municipalities a Joint Airport Zoning Board to be composed of repre-
sentatives of,the undersigned Municipality and representatives of
the above Municipalities pursuant to Minn. Stat. 360.063, Subd. 3.
2. That the undersigned Municipality hereby appoints Commissioners
Mc Closkey and
Suel
to be its
representatives on said Board, said persons to serve for an inde-
finite term until they resign or are replaced by the undersigned
Municipality.
At a meeting of the Metropolitan Airports Commission, herein called :
the Municipality, on November 21, 1977, this Resolution introduced
and moved by Commissioner Jorgensen and seconded by
Commissioner
Koehler , there being a quorum present and
voting thereon, was adopted on the following vote:
Koehler, McCloskey, Peterson, Suel, Tedesco, Befera
Commissioners voting aye:
Cohen, Ferm, Hillmeyer, Hol loran, Hozza, Jorgensen,
Commissioners voting nay:
Resolution declared passed:
Attest:
Secretary
none
Frank P. Befera, Chairman
I hereby certify that the foregoing resolution is a true and cor-
rect copy of the original resolution and is now on file in my of-
fice and is recorded in Resolution Book IX.
R. G7Thlumack
Executive Director
Metropolitan Airports Commission
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 77-4
AN ORDINANCE RI!LA TT NG TO THE INDI)STRIAL COMMI
S
S
I
O
N
.
FOR THE cprv OF EDE3 ,7 PRAI RTE AND AMENDING ORDINANCE
NO. 79 AS AMENDED.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE D
O
E
S
O
R
D
A
I
N
A
S
FOLbOS:
Section 1. Section 4 of Ordinance No. 79 as amended is hereby
deleted and there is substituted therefor the
f
o
l
l
o
w
i
n
g
:
Section 4. Composition. The "commission" shall
c
o
n
s
i
s
t
of SCVC71 members appointed by the City Council.
ln addition there shall be One ex-officio membe
r
t
o
-
b
e
apppnted from the administrative staff of the
c
i
t
y
government.
Section 5 of Ordinance No. 79 as amended is hereby
deleted and there is substituted thercfor the fo
l
l
o
w
i
n
g
:
Section 5. Terms ot Office. Terms of office f
o
r
m
e
m
b
e
r
s
etber than e-ofiicio m.mibeis shell Sc for thr
e
e
y
e
a
r
s
a
n
d
shall commence on March 1st of each year; prov
i
d
e
d
,
h
o
w
e
v
e
r
,
that in 1977 three members shall be appointed
f
o
r
a
t
e
r
m
o
f
three years, two fo7 a term of two years and tw
o
f
o
r
a
t
e
r
m
of one ycalr. Thereafter al] appointees shall hold office
for the tclm to which they have been appointed o
r
u
n
t
i
l
t
h
e
i
r
successors have been appointed and qualified,
w
h
i
c
h
e
v
e
r
c
o
m
e
s
earlier.
The ex-oft7icio member rhall he appointed for e
n
a
n
n
u
a
l
t
e
r
m
,
provided that membe;:ship on the commie.s.ion shal
l
t
e
r
m
i
n
a
t
e
with the oftice from which eN-officio membership
i
s
d
e
r
i
v
e
d
;
to serve during the pleasure of the City Counci
l
o
r
a
s
m
a
y
Otherwise bc2
Na one shall. be appointed to the commission who holds an
elective office. Commencing with those appointed to terms
/17 3
in March, 1977 no appointee shall serve consecutively
more than two three-year terms plus
(1) any portion or an unexpired term to which he
or she may have been appointed; or
(2) the remainder of any term to which he or she
had been appointed prior to March 1977,
provided, however, the Council by unanimous vote may
appoint a member to a further term.
Section 3. Section 6 of Ordinance No. 79 as amended is
hereby deleted and there is substituted therefor the following:
Section 6. Vacancies. It shall be the duty of the
chairman of the commission to notify the City Council
promptly of any vacancies within thirty days for the
unexpired term of the original appointment.
Ccetion A Section 7 of Ordinance No. 79 as amended is hereby
deleted and there is substituted therefor the following:
q ,,ction 7 Removal from Office Any member of the
commission may be removed from office for just cause
and on written charges by a two-thirds vote of the
entire City Council, but such member shall be entitled
to a public hearing before such vote is taken. In
addition, any member may he removed for non-attendance
at commissien meetings without action by the City
Council, according to rules adopted by the commission.
FIRST READ at a regular meeting of the City Council of the
City.of Edon Prairie this 1st day of February, 1977 and finally
read and adopted and ordered published at a regular meeting of the
City Council of said City on the l't day of march , 1977.
ii gang 1:i on5el, Mayor
0
John D. Frane, City Clerk
Pelished in the raen Prairie 1,7 ,2ws on the day of , 1977.
IV1
k
AN OPPIHANCI: TO LSTASIASH AN INDNSTAAL
COMISS10a rOlt TUE VILLAcn or EDLil
ONDIVAPCL PO. 79
Section 1. Short Title ., This Ordinance shall be known and may be cited
as the :Ttlen Prairie industrial Commission Ordinance'.
Section 2. Derinitions. For the purpos ,a of this Ordinance, the following
wortis and their derivatims shall have the meaniiv,s as set out
herein.
Section 3.
(a) 'Commission' is the Industrial Comoission of the Village
as created by this 0:1J:IhriDCO.
(h) 'Clud).sfan is the chaiYas of the InduLtrial Ccvnission
as provided 1 -Or
(e) 'Secretary" is the Secretary of the industrial Coznission
as provided for hereunder.
(d) Pines ins Commissioa is the andlIV, and Planning Commission
of the Villap,e of Dien Prairie.
Lsi;,hIislncui. fit 11'01E31 -Hal CGardSSi011 is hereby established
to be advisory to b- Council and the Plannin Cornission, whi
a
Industrial Counission shall have the powers and duties herainaf
t
e
r
Set iorth.
Section Composition. The Cognission shall consist of 10 membeys
nppointed by the Council.
Section S. Terms of Orfice. In the year 1966, 5 members shall b
e
a
p
p
o
i
n
t
e
d
whose telms shall expire itccember 31, 1957. Thereafter, appoin
t
m
e
n
t
s
shall ho for a term of two ye n 's except when the appointment is
to fill the unexpired portion of a term.
Section b. Vac.ineics. Vacancies occurrin in the Cognission shall be fil
l
e
d
lot ilh! MIL .Npired term by the Council.
Section 7. Removal of Pembers. 1 he Connci), by a unanimous vote of all its
members, shall
live 11w anihority to remove any member of the
COMM1:3!;i01 -1 irrAil office, ehenever, in its discretion, the best
interests of tin! Village shall be served thereby.
Section If. Officers. Vittbin 30 days after their appoihtment, the members
oi - the Commission shall Lwet in regular session and organize by
electing. from lie' ii' membeis a Chairman, Secretary and such other
officers an it may do in necessary.
Section 9. Duties of Officers.
(a) Chairman - it shall be the duty of the chairma
n
t
o
p
r
e
s
i
d
e
over all meetings of the Commission. In his a
b
s
e
n
c
e
,
a
Chairman pro tempore may be elected to preside.
(b) Secretarv - it shall be the duty of the Secreta
r
y
t
o
k
e
e
p
a record of all proceedings of the Commissio
n
,
t
r
a
n
s
m
i
t
i
t
s
recommendations to tne Council, Plannin:, Com
m
i
s
s
i
o
n
a
n
d
o
t
h
e
r
Village goveramtntal lodies and perform such o
t
h
e
r
d
u
t
i
e
s
as directed by the Conistion.
Section JO. Lules and Proceooec. The Comois
s
i
o
n
s
h
a
l
l
a
d
o
p
t
a
s
e
t
o
f
r
u
l
e
s
to govert, its ovN oad prccedures. The rules may be
amended from time to time, but only upon notic
e
t
o
a
l
l
m
e
m
b
e
r
s
that Ito said p..oposed amendments shall be act
e
d
u
p
o
n
a
t
a
specified meetin. A majority vote of the Co
o
l
i
s
s
i
o
n
s
h
a
l
l
be required for the approval of the proposed am
e
n
d
m
e
n
t
.
Section 11-Ileetings.
(a) Regular ;iectings. The Commission shall
m
e
e
t
i
n
r
e
g
u
l
a
r
session at least once a month at a time and pl
a
c
e
s
e
l
e
c
t
e
d
by a majority of its members.
(b) Special ileetings. The chairman or any three
m
e
m
b
e
r
s
o
f
t
h
e
Commission shell have the authority to call sp
e
c
i
a
l
m
e
e
t
i
n
g
s
of the Comliission. tint ten notice of special,
m
e
e
t
i
n
g
s
s
h
a
l
l
be given to all members at least 2P hours prior to the time
of the meeting unle;:s the time and place for th
e
s
p
E
:
e
i
e
1
meeting is set at a regular , or r(gulin , adjorued meeting.
(c) Open eetines. All meetings of the Comm
i
s
s
i
o
n
s
h
a
l
l
b
e
open to the public.
Section 12. Absence of rembers.
Absence tecm three consecutive regular meeting
s
w
i
t
h
o
u
t
t
h
e
formal consent of the Caimission shall be dee
m
e
d
t
o
c
o
n
s
t
i
t
u
t
e
a reignatioa of it member; and the vacancy thus created shall
be filled thereafter as provided in Section b h
e
r
e
i
n
.
•
Section 13. Powers and D'It;c!;. The Commission shall. have the following
powci.s
(a) To eonfte vial and advise the Council. and Planning Commission
on all rolter5: comeiming the industrial and co
m
m
e
r
c
i
a
l
.
' develoymm: of the Village.
(b) To ml lit the consent, of the Council, the industrial
and comme ,viel advantages dnd oppoctunitis of the Villag
e
within the tf:ans provided by any appropriations
m
a
d
e
t
h
e
r
e
f
o
r
e
by the C(mneil.
(o) To collect data dnd in(ormation an to th
e
t
y
p
e
o
f
i
n
d
u
s
t
r
i
e
s
and comovrce hest suited to the Village.
(d) To petdodicallv snrvey the over-all con
d
i
t
i
o
n
o
f
t
h
e
V
i
l
l
a
g
e
trout the :tandpaim of detormining whether th
e
V
i
l
l
a
g
e
h
a
s
a community climate Joe industry and to determ
i
n
e
t
h
e
general. receptiveness of the Village to p;wti
e
u
l
a
r
t
y
p
e
s
o
f
indwItry.
(e) To publicize information as to the general advantages and
disadvaatages of industrial and commercial development in
a community.
(f) To cooperate with all industries and businesses in the
Village in the solution of any community problems wnich
they may h a ve and to encourage the expansion, development
and mannp.cmcnt of such industriewi and businesses so as to
promote the gcnynal welfare of the Village.
(g) To coops Ste witi, all ca.n.m .lity groups sad civic organizations
w IL bit t ha V5.31:1;e end to furnish them such aid and advice
as decmad
(h) To ail Coe cil Pia-ming Commission in the proper
zonitig awl oivbeAy dewlop:4Lnt ol roas suitable for
industrial a'' cemmercial development.
(i) To de .,-elw, csplic, cco -i'din:-.te and publicize with available
funds if :c1,1 -a.ich as, but not limited to, the following:
aid com;iirci.,1 concerns with the
-• of buLdness, number of
employc.as end whoth,:::, each serves local, regional or
national niarkes.
2. Available industrial. and comi.lercial sites including
nu:ilb.7,r of ac:vs, approxi.aate price, existinf ,, zoning
and prox511:„ty to trackage and highways.
3. Lvail:.ble buildings for industril and commercial
oper.tions including type of buildine,, number of square
awi proximity to tfckage and
highnays. (binn. State Dept. Form)
4. Tr.,:,:.spold,tica facilities, including railroads, motor
caraic -vs, rater transportation, air transportation and
highwy facilities.
S. k.iicir.ie poor avai)able.
C. Fuels available for imbistrial and commercial use.
7. Scraps disposal facilities.
8. Water supply :racilities.
9. Cw,w!vily ;acilities such as fire, police and educational.
10. 1 -.,creatienal facilities.
IA. Coin:, Village for the trades, sldlied,
-d id Iii Ic collar workers.
12.
13. C.a.-n...1_ to:-"d industrial and commercial
,.; 0..,v.,101%.^-it and attraction.
14.
1:spen.'sac a ;7:1'1 n'te ,-.-vunding suburbon ce,mninities
oil expansion, 410.VCify-
19.11:
coe'ncil ord COMfIllS::f on policies
and p:7.-.‘ti-cl•-• to industrial and comnercial
expalr:le.i, an -1 nt ., raation.
To ceop.,:a:.c r50 ibn facilities of the Cinnesota
bcpartou'ut ci raL:.i.la -s!',1 PC/CIA-Tail-at.
Section 14, Advi,„erv Caflaciv. Except as may otherwise be provided b
y
, I 'ft! liLA',1-1'r, 4111(1 del fan; Of ike C0101111:1;;1011 are of an
advisoey nature only, awl the Commi:nlion shall not have any
power:,
dot. i n n Odell eon( t th or supersede the powers
and dully:: of other Villdge commissions and boards.
(j)
(k)
rri
Section 1S. Village Officials to Cooperate. All Village officials,
dePTi ni 7;;ds, onployecs and appointees shall cooperate with
th e CamnIsnl " and render all reasonable assistance.
Section 16. Annual Report ? The Commission shall render annually a full
report of its uorR to the Council.
ADOPTED by the Village Council of the Village of Eden Prairie this
27th day of July, 1966.
David W. Osterholt
Hayor of the Village of Eden Prairie
ATTEST:
Jail.es C. llAr,O, Clerk
Publi.L.hcd in the Eennopin County Review on 4 August , 1966.
rlt/jh 1/4/78
Avsden Hills 2nd addn.
CITY OF EDEN PRALRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 77 -31
AN ORDINANCE RELATING TO ZONING AND AMENDING
ORDINANCE NO. 135.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended by adding:
That part of the Southeast Quarter of the Southeast Quarter of Section
24, Township 116, Range 22, described as follows: '
Beginning at the southwest corner of said Southeast Quarter of the
Southeast Quarter; thence North 89 degrees 43 minutes 59 seconds East,
assumed basis for bearings, 350.26 feet along the south line of said
Southeast Quarter of the Southeast Quarter; thence North 02 degrees
50 minutes 46 seconds East, 292.83 feet; thence North 26 degrees 36
minutes 04 seconds West, 290.88 feet; thence North 07 degrees 43 minutes
19 seconds West, 627.92 feet to a line hereinafter described as Line
A; thence South 76 degrees 55 minutes U5 seconds West (South 78
degrees 03 minutes West in description of Line A) 28.45 feet along said
Line A to the east line of that part of said Southeast Quarter of the
Southeast Quatter described in a Warranty Deed to the City of Eden
Prairie, dated October 25, 1974, and recorded as Document No. 4112179;
thence South 01 degrees 00 minutes 55 seconds East, 12.62 feet along
said east line to the south line of said part of said Southeast Quarter
of the Southeast Quarter described in said Deed; thence South 88 degrees
59 minutes 05 seconds West, 59.04 feet along said south line to said Line
A; thence South 76 degrees 55 minutes 05 seconds West, 86.05 feet along
said Line A, to the west line of said Southeast Quarter of the Southeast
Quarter; thence South 01 degrees 00 minutes 55 seconds East, 1137.01
feet along said west line, to the point of beginning.
• Description of Line A:
Beginning at the east quarter corner of said Section 24; thence South
assumed basis for bearings, 1329.73 feet along the cast line of said
Section 24; thence North 84 degrees 53 minutes West, 443.9 feet; thence
South 78 degrees 03 minutes West, to the west line of the Southeast
Quarter of the Southeast Quarter of said Section 24, and there terminating.
and
That part of Government Lot 2, Section 24, Township 116, Range 22,
described as follows:
Beginning at the southeast corner of said Government Lot; thence
North 01 degrees 00 minutes 55 seconds West assumed basis for bearings,
1137.01 feet along the east line of said Government Lot, to the center-
line of Amsden Road; thence South 76 degrees 03 minutes 25 seconds
West, 273.00 feet, along said centerline; thence South 00 degrees 53
minutes 25 seconds East, 510.72 feet; thence South 36 degrees 55
minutes 50 seconds East, 377.00 feet; thence South 02 degrees 11
minutes 48 seconds East, 258.77 feet, to the south line of said Govern-
ment Lot; thence North 89 degrees 43 minutes 59 seconds East, 40.25
feet along said south line, to the point of beginning.
and
That part of the Northeast Quarter of the Northeast Quarter of Section 25,
Township 116, Range 22, lying westerly of the following described line:
Beginning at the northwest corner of said Northeast Quarter of the Northeast
Quarter; thence North 89 degrees 43 minutes 59 seconds East, assumed basis
for bearings, 350.26 feet, along the north line of said North Quarter; thence
South 02 degrees SO minutes 46 seconds West, 48.80 feet; thence South
23 degrees 34 minutes 11 seconds West, 126.31 feet; thence South 00 degrees
21 minutes 27 seconds East, 195.00 feet; thence South 89 degrees
38 minutes 33 seconds West, 200.00 feet; thence South 00
degrees 21 minutes 27 seconds East, 40.00 feet; thence southwesterly
125.66 feet along a tangential curve concave to the northwest, radius
80.00 feet, central angle 90 degrees 00 minutes 00 seconds; thence
South 89 degrees 38 minutes 33 seconds West 10.00 feet to the west line
of said Northeast Quarter of Northeast Quarter and there terminating.
and
That part of the North Half of the Northwest Quarter of the Northeast
Quarter of Section 25, Township 116, Range 22, described as follows:
Beginning at the northeast corner of said North Half; thence South 01
degrees 06 minutes 38 seconds East, assumed basis for bearings 479.77
feet along the east line of said North Half, to the north line of
AMSDEN HILLS, according to the plat thereof on file or of record in the
Office of the County Recorder in and for said county; thence South 89
degrees 38 minutes 33 seconds West, 31.15 feet, along said north line;
thence North 02 degrees 11 minutes 48 seconds West, 480.04 feet, to the
north line of said North Hatt; thence North 89 degrees 43 minutes 59
seconds East, 40.25 feet, along last said north line to the point of
beginning,
uhie4 preperty shell be And hereby is removed fr ,,,s Rural 7one And shall be
included hereafter in the R1-13.5 zone.
Section 2 - The abse,a described ptoperty shall be subject Lo the ternm and
conditions of that certain Rezoning Agreement dated January , 1978 entered
-2-
//j
into between The Preserve, a co-partnership consisting of Carter and Gertz,
Inc., a Minnesota Corporation, and the Minnesota Gas Company, a Delaware
corporation and the City of Eden Prairie, which agreement is hereby made a
part hereof and shall further be subject to all of the ordinances, rules and
regulations of the City relating to such R1-13.5 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 7 day of Dprpmhpr , 1977,_ and finally read and adopted,
and ordered published at a regular meeting of the City Council of said City on
the day of • 19 .
Wolfgang Penzel, Mayor
ATTEST:
John D. Franc, City Clerk
Published in the Eden Prairie News on the day of , 19,.
-3-
REZONING AGREEMENT
THIS AGREEMENT, made and entered into in trip
l
i
c
a
t
e
t
h
i
s
day of
• 19 by and between The Preserve,
a co-partnership consisting of Carter and Ge
r
t
z
,
I
n
c
.
,
a
M
i
n
n
e
s
o
t
a
corporation, and the Minnesota Gas Company,
a
D
e
l
a
w
a
r
e
c
o
r
p
o
r
a
t
i
o
n
,
hereinafter referred to as "Owner" and the C
i
t
y
o
f
E
d
e
n
P
r
a
i
r
i
e
,
a
municipal corporation, hereinafter referred
t
o
a
s
"
C
i
t
y
"
,
WITNESSETH,
WHEREAS, Owner has requested the City to cha
n
g
e
z
o
n
i
n
g
f
r
o
m
Rural to R1-13.5 for development of land more
f
u
l
l
y
d
e
s
c
r
i
b
e
d
i
n
Exhibit A attached hereto and made a part here
o
f
a
n
d
w
h
i
c
h
i
s
identified as "Amsden Hills 2nd Addition", an
d
WHEREAS, Owner agrees to develop the aforement
i
o
n
e
d
p
r
o
p
e
r
t
y
in consideration of the City's changing of th
e
z
o
n
i
n
g
,
a
n
d
Owner further agrees that as a part of said c
o
n
s
i
d
e
r
a
t
i
o
n
,
i
t
Will lay out, develop, and maintain said proj
e
c
t
a
s
h
e
r
e
i
n
a
f
t
e
r
s
e
t
forth.
NOW, THEREFORE, this Agreement witnesseth tha
t
f
o
r
a
n
d
i
n
c
o
n
-
sideration of the Mayor and City Council of t
h
e
C
i
t
y
a
d
o
p
t
i
n
g
a
n
Ordinance changing the zoning from Rural to R1
-
1
3
.
5
,
t
h
e
O
w
n
e
r
a
g
r
e
e
s
to construction on said property in accordanc
e
w
i
t
h
t
h
e
p
l
a
n
n
i
n
g
,
architectural, engineering and landscaping req
u
i
r
e
m
e
n
t
s
o
f
a
l
l
C
i
t
y
Ordinances and will submit development stage r
e
z
o
n
i
n
g
p
l
a
n
s
t
o
t
h
e
City subjcet to the following conditions:
1. That 15 acres be developed into 33 single f
a
m
i
l
y
l
o
t
s
a
s
per plan dated May 5, 1977, attached hereto a
s
E
x
h
i
b
i
t
B
.
nt2
2. That the Owner shall provide right of way, 60 feet in width
adjacent to and along the south side of Amsden Road at no cost
and expense to the City subject to right of forfeiture in the
event said property is not used for municipal road purposes.
3. That a grading plan be submitted for staff review showing minimum
floor elevations for each lot before final plat approval.
4. That erosion control measures be taken during construction to
prevent excessive soil loss, including establishment of ground
cover immediately following or during construction.
5. That grading should occur in a sensative manner conserving
vegetation, top soil and natural land forms wherever possible.
6. That the areas of the site with the soil series Glencoe and
Cordova be adequately prepared (excavation and back filling) to
support and maintain a single family.home. Adequate drainage
must be provided on sites with these soil types.
7. That a pedestrian trail be constructed on the east side of Amsden
Way linking to existing Garrison Forest First Addition Trail
South to Prairie East and to the existing trail on the south
side of Amsden Way in Amsden Hills First Addition. These trails
to be consistent with the Preserve Trail standards.
8. Thai. the lots south of Line A-A on figure 4 attached hereto as
Exhibit B are subject to park dedication fees as per City policy
and this action shall in no way serve as a precedent for any change
in City policy as it applies to park dedication fees.
9. That the City Engineer's report be complied with, and that all
sanitary, sewer, water main and storm sewer facilities, concrete
curb and gutter and bituminous surfacing, whether to be public
or private, shall be designed to City standards by a Registered
Professional Civil Engineer and submitted to the City Engineer
for approval. The developer, through his engineer, shall provide
for competent daily inspection of all street and utility con-
struction, both public and private. As-built drawings with service
and valve ties on reproducible mylar and Certificates of Completion
and Compliance with specifications shall also be delivered to the
City Engineer. The Developer also agrees to pay all fees for City
engineering and administrative services consistent with current City
requirements.
10. That the following setback standards apply to the Amsden Hills
Secon 'iat:
5 feet
10 feet
15 feet
30 feet
20 feet
20 feet
to side lot line
1-lki story house to side lot line
2 story house to side lot line
front of building to front lot line
rear of house to rear lot line
side yard setback for houses built on corner lots.
FURTHER, City and property owners agree:
P/2 iv ) -2-
CARTER AND GERTZ, INC., a Minnesota
corporati
By:
By:
THE MINNESOTA GAS CO
Delawareicorporati
By:"
STATE or MINNESOTA)
) SS
COUNTY OF HENNEPIN)
1. Thal the property owner shall vomply with all applicable rules,
regulations, ordinances and laws of the City of Eden Prairie.
2. That the provisions at this Agreement shall be binding
upon and enforceable against owner, its successors and
assigns, or the property herein described.
3. That an executed copy of this Agreement shall be recorded
with the Registrar of Deeds, Hennepin County, Minnesota.
4. That if Owner fails to proceed in accordance with this
Agreement within 24 months from the date hereof, Owner,
for itself, its successors and assigns, agrees that it will
not oppose the rezoning of said property back to its Rural
zoning.
IN WITNESS WHEREOF, the parties to this Agreement have caused
these presents to be executed the day and year aforesaid.
CITY OF EDEN PRAIRIE, a municipal
corporation of the. State of Minne-
sota •
Wolfgang Penzel, Its Mayor
By:
Roger Ulstad, Its Manager
The foregoing instrument was acknowledged before me this day
of , by _Wo_lfriang Penzel the Mayor,
and by Roger Ulstad , the City Manager of he City of
Eden Prairie, a Minnesota municipal corporation, on behalf of the
corporation.
Notary Public
STATE Or MINNEsuTAl
SS
COUNTY OF HENNEPIN)
The foregoing inHirn.n-
7ngby th g?2)e
19_,=__ by _....:2=2 72L I •
of Carter and Gertz,lnc., a MinnesotA corporation, on behal of the
corporation.
otary Public
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
JOAN U. LA PORTE
;.• NOTARY rusuc- MINNESOTA
HENNEPIN COUNTY
Z My Commsmon Exp.fes Now 29.1983
- • • ••••*••••~1~-~~14.."04114.API.
The foregoing instrument was acknowledge before me this day
eq f _________ _, 19.___ hYA. ,Z,k, 2) _2_,,,,-4,.c./ i, the 9.)-4.-•-
and by 72 , 0, , the ,-.-f-S:d.. c" f--4 •-' t,'/X-.^-sr,_-_—_.
of the Minnesota Gas Company, a Delaware corporation, of behalf of
the corporation.
fa j ../.1 i A ' - ___
Notary Public
1: AI.A.W.A.A.tak /AAA X 4 JUNE N. DeLIBERA
. -.14 hOlAtY Pi.1.811C HINNFSOTA
J 11n 1•,- '..`Y HENNEPIN COUNTY
A4P" . My Lammissmn E ,DiTeS 9st. 29, 1983 •
rIVINYVVYrfrerIVVYITPITriVirrrI X
tr,
COMPOITE
6AMON fOREV
•ARMEN I/1115
7.'i
JMJ/1-11-78
Golf Vista
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 77-42
AN ORDINANCE RELATING TO ZONING AND
AMENDING ZONING ORDINANCE NO. 135
Section 1. Appendix A of Ordinance No. 135 is amended as follows:
See Exhibit A attached hereto and made a part hereof by
reference,
which property shall be and hereby is removed from Rural Zone and shall
be included hereinafter in the RM 6.5 and RM 2.5 Zones as described in
Exhibit A.
Section 2. The above described property shall be subject to the terms
and conditions of that certain rezoning agreement dated , 1978
entered ;nit/ between Golr View Investent Company and the City of Eden
Prairie, which agreement is hereby made a part hereof and shall further
be subject to all of the ordinances, rules and regulations of the City
relating to such NM 2.5 and NM 6.5 Districts.
Section 3. This ordinance becomes effective from and after its passage
and publication.
First Read at a regular meeting of the City Council of the City of
Eden Prairie this 1 day of November , 1977 and finally read and
adopted and ordered published at a regular meeting of the City Council of
said City on the day of , 1978.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Franc, City Clerk SEAL
171
EXHIBIl A
GOLF VISTA REZONING AGREEMENT
AREA TO BE ZONED FROM RURAL TO RM 6.5
That part of Lot 2, Block I, Edenvale 2nd Addition, except the following :
Commencing at the most Southerly corner of said Lot 2, thence
North 53 degrees 26 minutes 36 seconds East (assumed bearing)
a distance of 209.91 feet; thence North 0 degrees 57 minutes
52 seconds East a distance of 185.55 feet to the actual point
of beginning of the land to be described; thence North 32 degrees
00 minutes 30 seconds West a distance of 267.17 feet; thence North
38 degrees 13 minutes West a distance of 135.30 feet; thence North
33 degrees 21 minutes 43 seconds East a distance of 237.30 feet;
thence North 27 degrees 26 minutes 40 seconds East a distance of
125.87 feet; thence North 87 degrees 31 minutes 18 seconds East
a distance of 287.19 feet; thence North 2 degrees 47 minutes 51
seconds Last a distance of 70.28 feet; thence North 87 degrees
31 minutes 10 seconds East a distance of 20.0 feet; thence South
2 degrees 47 minutes 51 seconds West a distance of 693.78 feet;
thence South 65 degrees 49 minutes 04 seconds West a distance of
33.60 feet; thence South 2 degrees 47 minutes 51 seconds West a
distance of 11.22 feet; thence South 65 degrees 49 minutes 04
seconds West a distance of 27.77 feet; thence North 89 degrees
02 minutes 27 seconds West a distance of 183.20 feet to the
actual point of beginning.
EXCEPTION TO BE ZONED FROM RURAL TO RN 2.5
Ix Y
1/11/78
REZONING AGREEMENT
Golf Vista Add.
Edenvale
THIS AGREEMENT, Made and executed in triplicate this day of
January , 1978 by and betweenGolf View Investment Co., a Minnesota corporation
hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, a municipal
corporation under the laws of the State of Minnesota, hereinafter referred to
as "City."
WITNESSETH:
WHEREAS, Owner has requested the City to change the zoning from Rural
to RM 2.5 for development of 5 apartments(8 units/apt) and to RM 6.5 for
development of 12 double bungalow lots on approximately 13.5 acres of land
more fully described in Exhibit A attached hereto and made a part hereof ,
and being property now vested of record in Owner, and
WHEREAS, it is believed that a rezoning of said areas to RM 2.5 and
RM 6.5 will be in the public's interest, welfare and convenience of the
people of the City of Eden Prairie, and
' WHEREAS, Owners agree to develop the aforementioned property with
apartments and double bungalows in consideration of the City's changing of
the zoning; and Owners further agreee that as a part of said consideration
to lay out, develop and maintain said project as hereinafter set forth.
NOW,THERFFORE, this agreement witnesseth that for and in consideration of
the Mayor and the City Council of the City adopting Ordinance 77-42 changing
the zoning from Rural to RM 2.5 and RN 6.5 the Owner agrees to construct said
apartment and double bungalows on said property in accordance with the planning,
architectural, engineering and landscaping plans heretofore furnished , which
are attached hereto and made a part hereof as Exhibit B (Sept.9, 1977 Plan),
to the City and the requirements of all City Ordinances, and will develop
said pioject subject to the toliowing conditions:
1. A walkway easement shall be provided from the multiple units to the
northern outlot.
2. A cul-de-sac serving some of the double bungalowsshallbe
adequately set back from Golf View Drive and Valley View
Road intersection and a small lower outlot will be provided
for the bituminous pathway which will go under Valley View Road.
/74
Rezoning Agreement-Golf Vista page 2 1/11/78
3.. That outlot A, on the Sept. 9, 1977 plan, located in the northeast
corner of the Valley View Road and Golf View Drive intersection,
be owned and maintained by the Edenvale Homeowner Association for
pathway purposes. Owner shall construct a 6 foot wide bituminous
pathway according to City specifications from Golf View Drive
approximately 140 feet east to the existing underpass at Valley
View Road. The public shall have permanent access and use of said
pathway.
4. That Outlots B,C and D on the Sept. 9, 1977 plan be dedicated to
the adjoining single family landowners.
5. That the apartment will be comprised of 5 buildings ( 8 units/building)
and the 12 duplex lots will be comprised of 24 double bungalows.
6. That driveways for the double bungalows will be 16 to 20 feet in
width.
7. That each double bungalow will have a double garage unit and
Golf View Drive will be subject to posting for no parking on the
drive.
8. That landscaping of the development area will be undertaken
providing both deciduous and coniferous trees to enhance the
appearance of the entire area including the westerly units.
.9. That all sanitary sewer, water main and storm sewer facilities
concrete curb and gutter and bituminous surfacing, whether to
be public or private, shall be designed to City standards by a
registered professional Civil Engineer, and submitted to the
City Engineer for approval. The owner, through the Engineer,
shall provide for competent daily inspection of all street and
utility construction, both public and private. As-built drawings
of service and valve ties on myiar and certificates of completion
and compliance with specifications shall also be delivered to
the City Engineer. The owner also agrees to pay all fees for
City engineering and administrative services consistent with current
City requirements.
CITY AND PROPERTY OWNERS AGREE:
I. That the property owners shall comply with all applicable rules,
regulations , ordinances and laws of the City•of Eden Prairie.
2. That the Owner agrees to develop said Golf Vista Addition as per
the staff reports of Feb. 10, 1977 and Feb. 25, I9// which are
attached as Exhibit C.
3. That the Owners agree that the exterior siding and plantings shall
be provided and installed consistent with the Oct. 20. 1977 letter
from Donald R. Peterson, Edenvale ( attached as Exhibit 0).
P.)
Jan D. Frane, City Clerk
Golf View Como
BY:
a Minnespta,c9rporation
Rezoning Agreement-Golf Vista
page 3
1/11/78
3. That owners shall remove all diseased elm trees at the time
of the issuance of the building permits throughout the construction
time of the project.
4. That City's approval of this project shall in no way serve as a
precedent for any change in City's policy as it applies to park
dedication fees. •
5. That the provisions of this agreement shall be binding upon and
enforceable against Owner, its successors and assigns, and all
subsequent owners, their respective heirs, successors and assigns,
of the property herein described.
6. That an executed copy of this agreement shall be recorded with
the Register of Deeds of the County of Hennepin, State of Minnesota.
7. That if Owner fails to proceed in accordance with this agreement
within twenty-four (24 ) months from the date hereof,.Owner,
for itself, its successors and assigns, agrees that it will not
oppose the rezoning of said property back to its Rural zoning.
IN WITNESS WHEREOF, the parties to this agreement have caused these presen
t
' to be executed the day and year aforesaid.
CITY OF EDEN PRAIRIE, a municipal corporation
BY:
Wafgang H. Penzel, Mayor
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this —3 day ofg(t
1978 by Wolfgang H. Penzel, Mayor, and John O. Franc, City Clerk of thejCit
y
o
f
Eden Prairie, a municipal corporation under the laws of the State of Minneso
t
a
on behalf of the corporation.
,
Notary PZEITc
p)1 ruNNINNcom.fry
vrowifeAMPOWIMPOtentcowmt
=i•
4O't
REPITCAQUERNITOEN
)MUM rom - mINNI SOYA
STATE OF MINNESOTA)
) SS:
COUNTY OF HENNEPIN)
The for.egoing instrument was acknowledged before me this
day of
, 1978 by and
of Edenvale, Inc., a Minnesota corporation on
behalf of the corporation.
Notary Public
GOLF. VISTA ADDITION
•
•••
404
7V7/
/
. / ' • _ _
: f/: • ,_,_._
iii,!: ------,:-*---,
SEPT. 9,1977
.••••‘ ••••.•;............n••••••;••••••••;;;• ar••••••••••••••••n••••••••••••••••n•••••••••nn••••n••••••n•••••n;•••••••••nnn•••••••••••••••••••n•;,,
a
'
PRELIMINARY PLAT. •
GRADING PLAN
STAFF REPORT
TO:
FROM:
TIIROUGH:
DATE
PROJECT:
'REFER TO:
Planning Commission
Chris Enger, Landscape Architect
Dick Putnam, Planning Director
Feb. 25, 1977
Golf Vista
P.U.D. Development Stage Application Staff Memo
Feb. 10, 1977 (attached)
BACKGROUND
Factors identified as problems in the original plan by the staff,
• Planning Commission, and Golf View residents were:
1. Not sufficient parking space (area behind each garage does not
apply as a space under Ordinance No. 142.)
2. SO% of trees on site lost.
3. 10% grade on old Valley View Road ending in cul-de-sac with no
"start up space" at the bottom for winter conditions.
4. Outlot not provided through to Valley View Road trail system.
S. No "mini open space" designated for medium density housing type.
6. Too many double bungalows fronting on Golf View Drive.
7.. Residents complained of too much density; too narrow of duplex lots.
Mr. Peterson has revised his plan to take many of these things into
'consideration:
1. The parking area behind each unit will continue to be utilized as
a parking space, but overflow parking of about 20 spaces will be .
added to the cast of the site. This will bring the total parking
to I enclosed space per unit and 1 unobstructed open per unit as
specified by ordinance.
2. Under this type of site plan, the amount of trees lost cannot be
significantly reduced. The planning staff, after viewing the site
;main, concedes that while it would be nice to save all the trees, if
major selected trees are saved to soften the project and diminish its
scale, the plan as proposed is acceptable.
. 3. The cul-de-sac has been moved further west to give some -flat space before
the 10% grade.
4, S.' Outlot B has been changed in configuration to allow easier access to
the main pathway. A mini play space has been provided in the form of
Outlot A on the north end of the project, approximately 100sx300 1 in size.
EXHIBIT C, part 1 of 2
Staff Report . Golf Vista Feb. 25, 1977
6,7. The number of double lots fronting onto G
o
l
f
V
i
e
w
D
r
i
v
e
h
a
s
b
e
e
n
cut from 8 doubles to 7 .doubles, also increasi
n
g
t
h
e
i
r
f
r
o
n
t
a
g
e
from 80 to 100' in width.
ADDITIONAL COMMENTS ON REVISED PLAN
The Planning Staff feels that the addition of
t
h
e
p
a
r
k
i
n
g
s
p
a
c
e
s
m
e
n
t
i
o
n
e
d
is important and should be required.
additional leg should be added to Outlot A alon
g
t
h
e
e
a
s
t
s
i
d
e
o
f
t
h
e
project to give free access from the apartment
s
o
r
c
o
n
d
o
m
i
n
i
u
m
s
t
o
t
h
e
Outlet.
The staff feels the revised plan is substantia
l
l
y
b
e
t
t
e
r
t
h
a
n
t
h
e
o
r
i
g
i
n
a
l
submission because of the concerns addressed.
ALTERNATIVES
1. Approve revised preliminary plat and rezoning
o
f
t
h
e
2
3
d
o
u
b
l
e
bungalow lots to R.M. 6.5 and the 48 apartment
u
n
i
t
s
t
o
R
.
M
.
2
.
5
,
with parking to be added and extension of Outl
o
t
A
,
c
o
n
t
i
n
g
e
n
t
upon the Engineer Staff Report.
2.. Deny proposal.
RECOMMENDATIONS
1. Planning Staff recommends alternative one.
Wart
TO: ; ' Planning Commission
FROM:• Chris Enger
* DATE: ' Feb. 10, 1977 .
SUBJECT:- • Golf Vista Addition
BACKGROUND
• In the original Edenvale PUD the site was
d
e
s
i
g
n
a
t
e
d
f
o
r
m
u
l
t
i
p
l
e
f
a
m
i
l
y
o
f
79 units giving a density of S.9u/acre. T
h
e
c
u
r
r
e
n
t
p
r
o
p
o
s
e
d
p
l
a
n
i
s
c
o
n
-
sistent with the original PUD.
SITE CHARACTER
The site is located in Edenvale , south of
t
h
e
G
o
l
f
V
i
e
w
s
i
n
g
l
e
f
a
m
i
l
y
a
t
e
a
,
( Edenvale Sixth Addition ), It is border
e
d
o
n
t
h
e
w
e
s
t
b
y
G
o
l
f
V
i
e
w
D
r
i
v
e
,
the south by Valley View Road and on the e
a
s
t
b
y
e
x
i
s
t
i
n
g
s
i
n
g
l
e
f
a
m
i
l
y
h
o
m
e
s
.
A future.church site is depicted southeas
t
o
f
t
h
i
s
p
r
o
j
e
c
t
.
T
h
e
o
l
d
V
a
l
l
e
y
View Road light-of-way cuts through the bottom third of this site runn
i
n
g
east/west. There is a high pressure gas main running .under this
r
o
a
d
r
i
g
h
t
-
of-way and a sewer trunk line.
The site is primarily a steeply rising woo
d
e
d
k
n
o
l
l
w
i
t
h
a
b
a
s
e
e
l
e
v
a
t
i
o
n
of 864' rising to a high point of 926' .
PROPOSED SITE PLAN
The proposed site plan places 14 double bungalow lots around the lower part of
the site on Golf view Drive and Valley View Road which are se
r
v
i
c
e
d
f
r
o
m
a
cul-de-sac constructed on the old Valley' View Road right-of-way
f
r
o
m
t
h
e
c
a
s
t
.
The ,sharp wooded knoll which occupies t
h
e
m
a
j
o
r
i
t
y
a
t
t
h
e
s
a
t
e
i
s
d
e
v
e
l
o
p
e
d
by the use of walk-out 2 story apartmen
t
units in groups of eight which wrap
around the mid-point of the slope and ar
e
s
e
r
v
i
c
e
d
by a loop parking arrange-
ment .
The grading required for the siting of the
u
n
i
t
s
i
s
n
o
t
s
i
g
n
i
f
i
c
a
n
t
a
n
d
t
h
e
y
should fit into the hillside very well. However, to'obtain correct amount
. taf prking 2 significant fl3r lintel% mast he taken out of The hill which will
eliminate all but about 35% of the major vegetation on the hill. This wooded
hill is of prime significaoce as viewed from the north and the existi
n
g
s
i
n
g
l
e
family , and as viewed float the south ca
n
b
e
s
e
e
n
a
l
l
t
h
e
way from 111 S.
EXHIBIT C, pari 2 of 2
Memo-Golf Vista Addition
-2- Feb. 10, 1977
In addition to the large removal of
t
r
e
e
s
f
r
o
m
t
h
e
t
o
p
o
f
t
h
e
h
i
l
l
t
h
e
required parking for this type of un
i
t
i
s
m
e
t
b
y
c
o
u
n
t
i
n
g
1
p
a
r
k
i
n
g
s
p
a
c
e
behind every garage unit as a usable
s
p
a
c
e
.
In the planning staff's
opinion , from past experience with
p
r
o
j
e
c
t
s
s
u
c
h
a
s
C
h
e
s
t
n
u
t
A
p
a
r
t
m
e
n
t
s
,
this type of approach to the parkin
g
r
e
q
u
i
r
e
m
e
n
t
s
i
s
n
o
t
w
h
a
t
i
s
e
n
v
i
s
i
o
n
e
d
in Ordinance 135 and 141. We believe this type of parking arr
a
n
g
e
m
e
n
t
will work poorly in an apartment ty
p
e
s
i
t
u
a
t
i
o
n
a
n
d
c
a
u
s
e
v
e
r
y
s
e
v
e
r
e
m
a
n
-
agement problems. I have spoken to Mr. Peterson about
d
e
c
r
e
a
s
i
n
g
t
h
e
grade of the East/West cul-de-sac fo
r
w
i
n
t
e
r
t
i
m
e
u
s
e
b
y
m
o
v
i
n
g
t
h
e
cul-de-sac approximately 70 feet to
t
h
e
w
e
s
t
t
o
o
b
t
a
i
n
a
f
l
a
t
s
p
a
c
e
s
o
that the 10% grade uphill may be easier to negotiate. This will require
moving some lot lines but will also
o
f
f
e
r
t
h
e
o
p
p
o
r
t
u
n
i
t
y
f
o
r
t
h
e
r
e
m
o
l
d
i
n
g
of outlet B so that it may include two trail transportation fingers, o
n
e
to the north to serve the apartments
a
n
d
o
n
e
a
l
o
n
g
V
a
l
l
e
y
V
i
e
w
R
o
a
d
t
o
b
e
part of the major trail.
RECOMENDATIONS
The planning staff would recommend that
t
h
e
G
o
l
f
V
i
s
t
a
p
u
b
l
i
c
h
e
a
r
i
n
g
b
e
continued so that Edenvale may have
t
i
m
e
t
o
r
e
s
p
o
n
d
t
o
t
h
e
i
d
e
a
s
g
e
n
e
r
a
t
e
d
,
from the first Planning Commissio
n
m
e
e
t
i
n
g
a
n
d
t
o
p
o
s
s
i
b
l
y
w
o
r
k
w
i
t
h
the city staff to obtain an overall
s
i
t
e
p
l
a
n
t
h
a
t
w
i
l
l
r
e
s
p
o
n
d
b
e
t
t
e
r
t
o
the character of the wooded site.
EDEN VALE, INC.
7766 Mitchell Road • Eden Prairie, Minn. 553 .43 • 6121941-5300
'OCT
211977 October 20, 1977
Honorable Mayor and City Council
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Ladies and Gentlemen;
Edenvale, Inc. has submitted 10 copies of a revised
s
i
t
e
p
l
a
n
.
for the Golf Vista project which was previously acted on by
the City Council. This site plan has been revised by
e
l
i
m
i
n
a
t
i
n
g
the most northerly eight unit condominium buildings on
t
h
e
s
i
t
e
and moving the other buildings to provide considerably
m
o
r
e
s
e
t
-
backs from the homes lying north of the site on Sundia
l
C
o
u
r
t
.
I believe that this revised site plan will satisfy mo
s
t
o
f
t
h
e
concerns with the project which were expressed by Coun
c
i
l
m
e
m
b
e
r
s
and neighbors when the original plan was considered.
T
h
e
r
e
v
i
s
e
d
plan allows well over 200 feet orf buffer between the
c
o
n
d
o
m
i
n
i
u
m
s
in Gulf Vista and the rear lot lines north of the site.
T
h
e
revised plan also allows the entire north wooded area
t
o
r
e
m
a
i
n
intact. Additional, landscaping will be provided to b
u
f
f
e
r
t
h
e
parking and uoiLhwesterly buildings. The owners have also agreed
the building faces which are exposed from the exterio
r
o
f
t
h
e
it will be sided with wood siding. This siding wil
l
b
e
f
u
l
l
length boards and not 4'x 8' plywood or composition
s
h
e
e
t
s
.
T
h
e
colors will be limited to subdued shades of brown, greys, greens
or natural wood tones, and no bright or pastel color
s
w
i
l
l
b
e
u
s
e
d
.
EXHIBIT D
. . • ,•..
.-nna
Hon,,rahla Mayor and City Council
Page 2
October 20, 1977
It is our opinion that this condominium building type and location
modified will have less impact from off the site than any alternate
plan which we could use. In reviewing this with some of the neighbors,
we feel that this opinion is also shared by them. .
I wish to thank you for your reconsideration of this project and
hope that you will approve it for construction as I strongly feel
that it will be a real asset to our Eden Prairie community.
Your truly, /
e.
Donald R. Peterson
DRP/sr
ILT9 .
MEMORANDUM
TO:
THRU:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Roger K. Ulstad, City Manager
Stuart A. Fox, City Forester
Bids for One Ton Dump Body Truck
January 13, 1978
The following bids were received for a One Ton Dump Body Truck:
1. Suburban Chevrolet $7,092.78
2. Towns Edge Ford $7,213.07
3. Hopkins Dodge Sales $7,417.00
Our recommendation is to award the contract to Suburban Chevrolet for $7,092.78
as per specification.
SAF:md
A
WMORANDUM
TO:
THRU:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Roger K. Ulstad, City Manager
Stuart A.Fox, City Forester Sc;
Bids for 7-Gang Hydraulic Lift Mower with Hydraulic Broom
Attachment
January 13, 1978
Specifications for the purchase of a 7-Gang Mower were distributed
to turf equipment suppliers.
The following bids were received:
1. Kromer Co. No. Bid
2. Minnesota Toro, Inc. $14,950.00
3. R. L. Gould & Co. $17,450.00
Our recommendation is to award the contract to Minnesota Toro, Inc. for
$14,950 as per specificaton.
SAF:md
O I
January 10, 1978
TO: Roger Ulstdd
FROM: Keith Wall
SUBJECT: Four-wheel drive police vehicle bid
Attached is a tabulation of bids for the subject vehicle. After
reviewing each bidder's compliance with listed specifications, we
would recommend award of bid to Bloomington Chrysler/Plymouth at
$6913.75.
RID OPENING
JANUARY 10, 1978 ONE 4-WHEEL DRIVE POLICE VEHICLE
7 ,/(()
,
/.))
2. • .) b - f_
„
3 t ("4(jr • (,/ c'e ,( 4
5 ctk: -/C) )
7.
8.
9.
15.
Signed (4 2L,e ri
RIEKE CARROLL MULLER ASSOCIATES INC
January 12, 1978
Carl Jullie, P.E.
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN. 55343
RE: BIDS FOR I.C. 51-301
MUNICIPAL WELL NO. 3
RCM FILE 77103
Dear Carl,
Enclosed are the Tabulation of Bids and the Form of Resolution
for awarding the contract on the above referenced project. The
total low bid of $42,700.00 was submitted by Bergerson-Caswell,
Inc. of Maple Plain, Minnesota.
Bergerson-Caswell, Inc. has successfully completed similar project
under our supervision and we recommend that they be awarded the
contract for this project.
Very truly yours,
David O. Husby, P.E.
RIEKE CARROLL MULLER ASSOCIATES, INC.
DOH:cp
Encl.
arChitncis
Of tipIll'erS
land surveyor:
fliatInnrS
marlorl
r•nat orlico rrox 130
hopirrns, minoesota 55343
locatroo
1011 first strut! Louth
hoplons. rninnesota 55343
612 935 6901
l,O/dkjIbS . mon, d
oylord
faHrnord
rd. cloud
rranketo
brained
worthinmon
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-17
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the
following improvements:
Improvement Contract 51-301
Municipal Well No. 3
Bids were received, opened and tabulated according to law. Those
bids received are shown on the attached Summary of Bids; and
WHEREAS, The City Engineer recommends award of contract to
Bergerson-Caswell, Inc., Maple Plain, Minnesota as the lowest
responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Eden Prairie:
The Mayor and Manager are hereby authorized and directed to enter
into a contract with Bergerson-Caswell, Inc., Maple Plain, Minnesota
in the name of the City of Eden Prairie for the improvements afore-
said according to the plans and specifications thereof approved by
the Council and on file in the office of the City Engineer.
ADOPTED by the City Council on
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, Clerk
David O. Husby, P.E.
Rieke Carroll Muller Assoc. Inc.
Carl Jullie, P.E.
City Engineer
Approved and forwarded for
City Council Consideration.
CITY OF EDEN PRAIRIE
SUMMARY OF BIDS
MUNICIPAL WELL NO. 3
IMPROVEMENT CONTRACT 51-301
BIDS OPENED JANUARY 12, 1978 10:00 A.M.
CONSULTING ENGINEERS: RIEKE CARROLL MULLER ASSOCIATES, INC.
BIDDERS
TOTAL BID
BERGERSON-CASWELL, INC. $42,700.00
E. H. RENNER & SONS, INC. 47,640.00
KEYS WELL DRILLING COMPANY
48,600.00
McCARTHY WELL COMPANY
55,470.00
We recommend Award of Contract for Improvement Contract 51-301 to
Bergerson-Caswell, Inc., the lowest responsible bidder. The bids
have been checked for mathematical accuracy and corrected as necessary.
I.C. 51-301 RCM 771043 Bid Date: 1-12-78 ITEM QTY UNIT DESCRIPTION 1 LS Mobilization and Demobilization BID TABULATION CITY OF EDEN PRAIRIE, MINNESOTA MUNICIPAL WELL *3 BERGERSON CASWELL E. H. RENNER KEYS WELL DRILLING McCARTHY WELL CO. Unit Price Total Unit Price Total Unit Price Total Unit Price Total 2,000.00 2,000.00 4,000.00 4,000.00 4,000.00 4,000.00 6,000.00 6,000.00 100.00 15,000.00 50.00 3,000.00 30.00 6,300.00 30.00 5,700.00 5.00 1,600.00 2 150 LF Furnish & Drive 30" Diameter Outercasing 3 60 LF Drill 29" Diameter Open Hole 4 210 LF Furnish & Install 24" Dia. Innercasing 5 190 LF Drill 23" Diameter Open Hole 6 320 BAG Furnish & Install Cement Grout 85.00 12,750.00 100.00 15,000.00 100.00 15,000.00 50.00 3,000.00 40.00 2,400.00 60.00 3,600.00 36.00 7,560.00 34.00 7,140.00 50.00 10,500.00 40.00 7,600.00 36.00 6,840.00 45.00 8,550.00 6.50 2,080.00 9.00 2,880.00 6.00 1,920.00 7 40 HR Developing of Well 70.00 2,800.00 80.00 3,200.00 70.00 2,800.00 100.00 4,000.00 8 600 LB Explosives for Shooting Well 2.00 1,200.00 3.00 1,800.00 2.00 1,200.00 1.00 600.00 9 2 EA Furnish, Install & Remove Test Pump 1,000.00 2,000.00 1,100.00 2,200.00 1,750.00 3,500.00 1,300.00 2,600.00 10 40 HR Operating Test Pump 70.00 2,800.00 75.00 3,000.00 66.00 2,640.00 60.00 2,400.00 11 2 EA Run Plumbness & Alignment Test 100.00 200.00 150.00 300.00 50.00 100.00 100.00 200.00 12 1 LS Disinfect Well & Cap 100.00 100.00 150.00 150.00 100.00 100.00 100.00 100.00 TOTAL WELL CONSTRUCTION 42,700.00 47,640.00 48,600.00 55,470.00
MEMO
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Penzel and Members of the City Council
Roger Ulstad, City Manager
Carl Mlle, City Engineer
January 11, 1978
T.H. 169/Vo Tech Traffic Signal
SP 2744-31 I.C. 51-311
The Preliminary Plans for traffic signals at the junction of T.H. 169
a
n
d
the north entrance to the Vocational Technical School have been compl
e
t
e
d
by the Minnesota Dept. of Transportation and submitted to the City fo
r
approval. A copy of the plans is available for review in the Enginee
r
i
n
g
Office.
A meeting was held recently at the City Hall with most of the propert
y
owners involved and there was a general concensus for approval of the
plans. The Vo Tech School District Staff have also reviewed the plan
s
a
n
d
have indicated their approval, subject to maintaining some form of em
e
r
g
e
n
c
y
access at the south entrance. The DOT Staff concurs that this would
p
r
o
b
a
b
l
y
be feasible. Prior to Tuesday evening, the DOT Staff will also be m
e
e
t
-
ing with the Northrup King property owners.
All property owners involved in the project have been notified that
t
h
e
City Council will be considering approval of the Preliminary Plans on
January 17. A representative from the Department of Transportation
w
i
l
l
b
e
present at the meeting to answer any questions about the plans. App
r
o
v
a
l
of the Preliminary Plans by the City Council will require adoption
o
f
R
e
s
o
l
u
-
tion No. 78-
CJJ:kh
CITY hil74 PRAIW7
78.
(ref;ilar" City t I.; 7: ot
TrILirle 11-.31y ht.; Or t.._ _
It‘ecr :e;•-:clutien. offere:".!
_ _;
the Co ..ati ir r of t Dpirtve f Trzalsporr.atlon 17;z:v
;•t_sti th of T.tre.r;r. 1.-27.;Inzzity
renuAtter z Trtni.r. 17ighway V71 .thin
:he Ci of I;r5_-r, .,"r--71 -7,7_, fr.= .r...rym ":;rec!,,....3x:r771 Rn
-
• 1,1;to..4 itre ct,r, f1s..ft •;h:
/La
he the
15on be <-1c.:- ea and 11:.• rt,to.n,
'1. .SS. Cat ioc:inz
•
NOO, T 5 iN , t. prelinitul.ry r1c 20r che
Mn/DOT 2521 (4/77)
Upon the call of the roll the following voted in
favor of the Resolution
The following voted against its adoption:
whereupon the Mayor and presiding officer declared the Resolution adopted.
Dated 19 77
Mayor
Attest
City Clerk
STATE OF MINNESOTA ) ss.
COUNTY OF Hennepin ) -
)
CITY OF Eden Prairie
, t -
I do hereby certify that at a regular meeting (at a special meeting of
which due and legal notice VAS given) of the City Council of Eden Prairie
Minnesota, on the day of , 19 77 , at which a majority of
the members of said Council were present, the foregoing resolution was adopted.
Given under my hand and seal this day of 19 77 .
City Clerk
Ao ci
CITY OFFICES / 8950 EDEN PRAIRIE ROAD! EDEN PRAIRIE, MINNESOTA 55346 / TELEPHONE 96929 9494262
NOTICE
Please be advised that the Eden Prairie City Council, at their meeting
on Tuesday, January 17. 1978, beginning at 7:30 P.M.,,will consider
approval of the preliminary plans as prepared by the Minnesota Department
of Transportation for a traffic signal at the junction of the T.H. 169
-and the north entrance to the South Hennepin Vo-Tech School. A copy of
the plan is available for review in the Engineering Department at City
Hall.
The Minnesota Department of Transportation Staff and the City Staff will
be available one half hour before the meeting begins to review the project
scope with any interested persons.
CITY OF EDEN PRAIRIE
• Public Works Department
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Penzel and Members of the City Council
Roger Ulstad, City Manager
Carl Jullie, City Engineer
January 12, 1978
Street Lighting Policy
The Staff has been receiving an increasing number of inquiries and re-
quests regarding installation of street lighting, primarily due to the
recent ban on gaslights prompted by the energy crisis. Also, the Council
has received a formal petition from 17 property owners in the King's
Forest Area for additional street lighting in their neighborhood. At this
point, we believe it will be very helpful for the Council to discuss this
matter and thereafter possibly adopt a formal policy which addresses pro-
cedures and funding for neighborhood street lighting.
The 1978 rates for streht lighting charged to the City by NSP are as
followc:
$80.40 per year per light for 170 watt overhead
$91.80 per year per light for 250 watt overhead
$101.40 per year per light for 175 watt underground
The City's 1978 budget amount for street lighting is $26,500.
Thus, street lighting has become a very noticeable portion of the
City's budget.
Our policy for subdivisions which have complete street lighting sys-
tems is to charge the developer for the first year costs including any .
additional, one-time installation charges by NSP. Thereafter, each home-
owner in that subdivision is to be billed $1.50 per month, which is added
to the quarterly sewer and water billings. The implementing vehicle for
this policy is the standard "Developer's Agreement" signed by the developer
at the time of final platting. Prospective homebuyers in the subdivisions
are advised of the monthly charge if they should request an assessment
search on their lot.
In other areas of the City, we occassional authoriZe a street light at
mid-block or at intersection locations upon request by one or more property
owners and concurrence of the staff that a safety hazard may cxist without
the street light. In 1977 A total of 10 lights were so authorized, out of
a requested total of more than 25 new lights.
For the future, the Council may wish to adopt a street lighting ordinance
which could have the following provisions:
.2&9
-2-
1. For new subdivisions, the above described policy
would apply.
2. For existing neighborhoods, homeowners would be
charged $1.50 per month, either with the sewer and
water bill or by special assessment at such time
that street lighting in their neighborhood were
brought up to complete standards. A public hearing
would be required prior to installation, pursuant to
the normal public improvement hearing process.
3. In situations other than covered under 1 and 2 above,
the Staff would be authorized to install 20 new street
lights per year at intersections with major roads or at
major locations deemed appropriate.
We will be prepared to discuss this matter more fully on Tuesday evening
and to make any changes the Council may desire.
CJJ;Ich
213
MEMO
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Fenzel and Members of the City Council
Roger Ulstad, City Manager
Carl Mlle, City Engineer
January 11, 1978
RCM 1978 Engineering Services Agreement
The attached 1978 Agreement for Professional Engineering services wit
h
Rieke Carroll Muller Associates, is submitted for Council approval.
This agreement is unchanged from the 1977 agreement.
Throughout the past year, we believe RCM has given prompt, efficient
a
n
d
thorough engineering services and, accordingly, it is recommended tha
t
the 1978 agreement be approved. We have stressed to RCM that qualifi
e
d
and experienced field inspectors will be required on all of our proje
c
t
s
and that compaction of trench areas is expecially important to help r
e
d
u
c
e
future maintenance problems for the City. Also, we are insisting on
c
o
m
-
plete and accurate tie records Of sewer 4nd water stub locations in o
r
d
e
r
to minimize location problems at time of connection.
CJJ:kh
attachment
(211
AN At:Knows cm
PROFESSIONAL ENSINEERING
SERVICES
1978
THIS AGREEMENT, dated the 17th day of January, 1978, between the CITY
OF EDEN PRAIRIE, Hennepin County. Minnesota. a Municipal Corporation of
the State of Minnesota, hereinafter called the OWNER, and Rieke Carroll
Muller Associates, Inc., hereinafter called the CONSULTANT, provides
for the terms and conditions under which the OWNER intends to retain
, the CONSULTANT to provide Professional Engineering Services required to
cowletepreliminary project design, feasibility report, final design,
construction drawings and specifications, and other required contract
documents, contract administratien, construction staking and inspection.
The OWNER and the CONSULTANT agree as set forth below:
I. SCOPE OF PROJECTS AUTHORI2LD
The actual description and scope of each project and any special
conditions to this agreement shall be established by the OWNER in
his letter of authorization to p.v...eed with that specific project.
The CONSULTANT shall sign and return to the OWNER a copy of this
letter indicating his intention to proceed with the work so
authorized.
II. SCOPE OF SERVICES
The scope of services to be provided for each project is generally
as described in "A Guide for Engagement of Engineering Services"
adopted by the Minnesota Society of Professional Engineers and the
Consulting Engineers Council of Minnesota (hereinafter referred to
as the 1972 Guide) or as modified herein. A summary of these services
is as follows:
A. Preliminary Design Phase
The preliminary project design and feasibility report shall
Include the normal planning, engineering and land surveying
services as follows:
I. Collect and review applicable existing data and reports per-
taining to the project which may have a bearing on establish-
ing routes, service areas and ultimate design criteria.
Al2.
2
2. Develop preliminary design and cost estimates of various
alternates to determine feasibility, This wort includes
field checking critical features of routes and supervision
of soil testing where necessary.
3. Submit 15 copies of project feasibility report to OWNER including,
but not limited to. Engineer's certification, discussion of
feasibility study findings, and propused project descriptions,.
Enyineer's recommendations as to selection of alternates,
preliminary cost estimate summaries, proposed method of .
assessment, preliminary assessment rolls, and typical notice
of public hearing and proposed project schedule.
4. Assist the OWNER in the preparation of application for any
State or Federal grants which may be available for the work.
5. Complete any rate studies which the OWNER may request.
B. Basic Services - Final Design Phase.
Final design, construction drawings and contract documents shall
include the normal planning, engineering, land surveying services
as follows:
1. Refine alternates selected by the OWNER to the extent necessary
to develop final plans and specifications.
2. Perform field surveys required for final design.
3. Supervise soil borings required for final design.
4. Prepare construction drawings.
5. Prepare estimate of construction costs.
6. Submit plans and specifications to the OWNER and applicable
governmental agencies for approval.
7. Prepare proposal forms, advertisements for bids and data for
construction contract.
8. Furnish additional copies of plans, specifications and contract
documents to prospective bidders.
9. Assist in securing bids and conducting the bid opening.
10. Tabulate bids and recommend action to be taken on the bids.
11. Land survey, establishment of boundaries and monuments and
preparation of land and easement descriptions, both temporary
and permanent.
3
12. Assistance to the OWNER in negotiation with individuals, corpo-
rations, municipalities or any other local, state or federal
authorities for acquisition of oroperty easements or right-of-
way or agreements required for the initiation, prosecution and
construction of the project.
C. Construction Phase
Construction phase services shall include the normal engineering
and land surveying services as follows;
I. Construction management including general supervision, resident
engineering and inspection of Contractor's operations.
2. Construction staking.
3. Review shop drawings and related data of the Contractor and
manufacturers.
4. Coordinate the work of testing laboratories.
5. Revisions of plans and specifications and preparation of change
orders required by the OWNER after approval by the OWNER.
6. Review and process the Contractor's periodic and final
payment requests.
7. Record drawings of completed project including revisions made
during construction.
8. Assisting the OWNER in preparation of final assessment data from
information furnished by the OWNER.
9. Special meetings attended or trips made at the OWNER'S
request at locations other than the OWNER'S or CONSULTANT'S
office or the project site.
10. Assistance to OWNER in litigations.
III. PAYMENT FOR SERVICES
A. Payment for CONSULTANT'S professional services described under
the previous Section shall be based on the actual time spent on
the project times an hourly rate to be determined as follows:
. The hourly rate shall be the actual hourly salary times a
multiplier which will vary with the volume of work authorized
during the year 1978.
. The multiplier will decrease as total fees increase in
accordance with the graph attached to. this Agreement. The
multiplier will be recalculated for each monthly billing:—
4
7). The OWNER shall :::cnsate the CONSULTANT 'for all reimbursable
expenses, actual expenditures for the CONSULTANT'S additional
services, other than the hourly fees, directly connected with
the project, including mileage, cost of soil borings, testing or
special consultants as directed by the OWNER and identifiable
materials, services or supplies used in reproduction of records,
drawings and specifications or field work.
IV. OWNER'S RESPONSIBILITY
The OWNER shall make available or allow access to all existing data
related to the work and all other data or information which may develop
that could possibly have a bearing on the decisions or recommendations
made under this Agreement. The OWNER shall specifically provide:
A. Copies of the calculation and supporting data trom any reports
covering the trunk sanitary sewer system, waterworks improve-
ments and storm sewer system as submitted to the OWNER.
B. Proposed or approved subdivision, P.U.D. plats and other pertinent
data which may have a bearing on planning and engineering
decisions.
C. Topographic mapping and boundary surveys.
D. City records showing names and legal descriptions of property
owners for easements and assessments.
E. Authority for representatives of the CONSULTANT to enter lands
for surveys and other information related to the design and
construction of the project.
F. The OWNER will pay for all soil testing required throughout
the design and construction of the project.
G. The OWNER will pay for laboratory tests of materials and
workmanship.
V. TERM, TERMINATION, SUCCESSORS AND ASSIGNS
A. Term of the contract shall be concurrent with the work authorized
between January 1, 1978. and December 31, 1978.
B. Termination may be accomplished by either party at any time by
written notice. However, the CONSULTANT may not terminate his
services during critical stages of individual projects as
determined by the OWNER. If the OWNER does not proceed with a
project for any reason, the Engineer shall be paid for all work
performed to that tiffle, plus net outside expenses, plus all
engineering services not paid previously by the OWNER.
C. The OWNER and the CONSULTANT each binds itself, its partners.
successors, assigns and legal representatives to the other party
:"115
5
of thic Agreement and to the partners. currescnrc, accinoc and
legal representatives of such other party with respect to all
covenants of this Agreement.
U. Neither the OWNER nor the CONSULTANT shall assign, sublet or
transfer his interest in this Agreement without the written consent
Ot the other.
VI. CONSULTANT'S RECORDS, DOCUMENTS AND INSURANCE
A. The CONSULTANT shall maintain time hecords for hourly fees,
design calculations and research notes in legible form and
make them available to the OWNER upon request.
D. The CONSULTANT reserves the right to secure and maintain
statutory copyright in all published books, published or
unpublished drawings of a scientific or technical character,
and other works related to this project in which copyright
may be claimed. The OWNER shall have full rights to repro-
duce works under this Agreement either in whole or in part
as related to this project. One copy of each drawing shall
be provided in reproducible form for use by the OWNER, but the
original drawings will remain the property of the CONSULTANT.
C. The CONSULTANT shall carry insurance to protect him from
claims under Workman's Compensation Acts.. from claims for
damages because of bodily injury including death to his
employees and the public, and from claims for property damage.
D. The CONSULTANT shall notify the OWNER in writing when the
total engineering fee for any particular project is about
to exceed 155 of the total project construction cost.
VII. EXTENT OF AGREEMENT AND APPLICABLE LAW
A. This Agreement and all letters of authorization.described in
Paragraph A represent the entire and integrated agreement
between the OWNER and the CONSULTANT and supersedes all prior
negotiations, representations or agreements, whether written
or oral with respect to the projects to be authorized. This
Agreement may be amended only by written instrument signed
by both OWNER and CONSULTANT.
B. This agreement shall be governed by the laws of the State of
Minnesota.
)16
6
IN WITNESS WHEREOF, THE OWNER AND THE CONSULTANT have made and executed
this Agreement:
FOR THE CITY OF EDEN PRAIRIE FOR RIEKE CARROLL MULLER ASSOCIATES, INC.
Mayor Date line President Date
Manager Date
WITNESS WITNESS
250 MutTtPLIER 2.9- 2.T 2.6- 20 40 60 80 100 120 140 160 180 200 TOTAL FEES PAID TO RCM BY EDEN PRAIRIE -1978.IN THOUSANDS OF DOLLARS BASIS FOR COMPENSATION: ACTUAL SALARY, REDUCED TO HOURLY WAGE,TIMES HOURS ON AUTHORIZED PROJECT TIMES MULTIPLIER ESTABLISHED BY GRAPH. THE MULTIPLIER WILL BE BASED ON THE CUMULATIVE FEES REKE CARROLL MULLER As9DaA-es WC RECEIVED FOR PROJECTS AUTHORIZED UNDER THIS CONTRACT AND WILL BE RECALCULATED MONTHLY
TO: Roger Dlstad, City Manager
MAN: John b Pram, Finance Director
DATE: January 13, 1978
RE: Telephone Systems
The following proposals for the purchase of a telephone system-
for the City Hall were received:
Standard System
Electronic Design
Collins Interconnect
Electronic System
Electronic Design
Collins Interconnect
• $29,415
No Bid
$36,015
$34,134
It appfars that our method of operation would not take advantage
of the additional features of an electronic system and therefore
the added cost is not warranted.
Costs of the Purchased System and the comparable Bell "300" system
are as follows:
Purchased System
Monthly Charges
Equipment Installed
Bell "300"
Monthly Charges
Installation
$ 650
$30,000
$ 1,650
$ 1,500
The break-even or time when the purchased system pays for itself is
28.5 months.
JDF:bq
1/13/78
2,1(1
TO: Roger Ulstad, City Manager
FROM: John D. Frane, Finance Director
DATE: September 29, 1977
RE: City Hall Addition
Our cost for the additions are as follows:
Bids Received
Fees
Equipment and Moving Costs
Chamber Improvements
$185,000
9,000
8,000
8,000
-
$210,000
We could finance these improvements by appropriating $50,000 from
the general fund balance and borrowing $160,000 from the utility
operating fund for a period of 5 years at 6% interest. The 1979
through 1983 general fund budgets would repay the loan at a cost
of $18,000 per year.
TO: Roger Ulstad, City Manager
FROM: John D. Frane, Finance Director
DATE: January 13, 1978
RE: Phone System
We could finance the purchase of a phone system for the City Hall
by appropriating an additional $10,000 from the general fund balance
and borrowing $20,000 from the utility fund at 6%. Our 1979 through
1983 repayment by the general fund would be $43,000 per year.
JDF:bq
1/13/78
TO: Mayor and City Council
THRU: Roger Ulstad, City Manager
FROM: John D. Prane, Finance Director .
DATE: January 13, 1978
RE: Refunding Proposals
It seems to me that the proposals received from the consultants
indicate that both the Ehlers firm and Piper are competent and
would do a good job with the task at hand. The Ehlers firm has
more knowledge in the overall effect of all kinds of debt on a
municipality. The Piper firm has more knowledge in the area of
refunding. It would be nice to have the best of both; we are
recommending that a joint effort by both Ehlers and Piper be em-
ployed with the maximum fee of $75,000 to refund bonds necessary
to help the cash flow situation in the utility debt service fund.
The refunding of the "429" improvement bonds should be investigated
and a recommendation for refunding could be given to the Council
at the same time as the refunding of the water and sewer bonds. The
Ehlers/Piper group indicate that a maximum fee of $50,000 is warranted
fur the refunding of the improvement bonds. I believe this fee is
reasonable when related to the work necessary for the refunding of
the water and sewer bonds.
JDF:bg
1/13/78
(79,3