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HomeMy WebLinkAboutCity Council - 02/07/1978 JOHN FRANE EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 7, /978 7:DO PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Ross Thorfinnson; Planner Chris Enger; • Finance Director John Frane; Director of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL /1. APPROVAL OF AGENDA AND OTHER ITEMS DF BUSINESS II. NSENTCALENDAR (One notion to approve all items on the Consent Calendar) V A. Approve plans and specifications and order advertisement for Page 232 bids for Country Vista improvements, I.C. 51-312, aria for Nygren 9 Estates improvements, I.C. 51-316 (Resolution No. 78-26) B. Final plat for Maple Leaf Acres 3rd Addition (Resolution No. 78-31) Page 233 C. Set March 97R as the Public Hearing date for COR investment, Page 236 / rest for rezoning from Planned Study to Community Commercial and RM 6.5 and_preli inary plat a;:;::oval of 4 commercial luts and .pproximately_23 duplex lots D. Final plat approval for High Point 4th Addition (Resolution No. 78-20)Page 237 E. Final plat approval for Garrison Forest 2nd Addition (Resolution Page 240 No. 78-28) F. Registered Land Survey for division of Lots 2 and 3, High Point Page 243 3rd Addition /G. Clerk's License List dated February 7, 1978 Page 244 ✓'H. Payment of Claims Nos. 8569 - 8730 Page 245 III. MINUTES ,.A. Minutes of the Regular City Council Meeting held Tuesday, Januar�3i Page 249 fOis /B. Minutes of the Special Council Meeting held Tuesday, January 10, Page 257 1978 /C. Minutes of the Regular City Council Meeting held Tuesday, January 17,Page 258 197B /D. Minutes of the Special Council Meeting held Tuesy, January 31, 1978 Page 267 Council Agenda - 2 - Tues.,February 7, 1978 • IV. PUBLIC HEARINGS A. Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company. Request Page 269 for PUD Development Plan approval, preliminary plat and rezoning from Rural to RM 6.5 for townhouses. (Ordinance No. 77-37 and / Resolution No. 77-134) Continued Public Hearing from January 17 B. Nestlebrook by Mr. & Mrs. Lunzer. Request to rezone from Rural to Page 285 RM 6.5 for 3 lots and to R1-13.5 for 6 lots; and preliminary plat approval on the 5 acre site for the 6 single family lots and 3 duplex lots. The site is located below Maple Leaf Acres and ',, east of TH 101. (Ordinance No. 78-07, rezoning 6 single family lots from Rural to R1-13.5, Ordinance No. 78-03, rezoning the 3 duplex lots from Rural to RM 6.5, and Resolution No. 78-25, approving prelimi lat) V. ORTS OF ADVISORY COMMISSIONS • VI. APPOINTMENTS fileA\P , /7t A. Building Code Board of Appeals - Appo t•fY td. w bers • ,,t -- year terms commencing March 1, 197; /, i Q 0 B. Board of Appeals & Adjustments - ,1 r -'1 " O i+ ; �''er year term commencing March 1, 1', oN ,�.• �, 'r C. Development Commission - Appoint e . Df 0' :.••r�s re- , terms commencing March 1, 1978. 4 444 ,1 •,• D. Historical & Cultural Commission Appo,' � �bers ' three year terms commencing March 1, Is' /r j E. Human Rights Commission - Appoin , :ij o\ o ers for three ye r0'71 O term - mmencing March 1, 197B. j o Parks, Recreation & Natural Resources ,AL-, ion - A.,;:' o members for three year terms commencing VP. .h IT,,! / G. Planning Commission - Appointment of two m•lbers�fo�1 , year terms co%mencing March 1, 1978. (1L j o VII. ORDINANCES & RESOLUTIONS • A. 2nd Reading of Ordinance No. 77-3. r in ont u'al to R1-13.5 Page 299 for Garrison Forst 2nd Addition a rezo reenient VIII. REPORTS OF OFFICERS, BOARDS & COMiM1SS101 • A. Reports of Council Members B. Report cf City Attorney 1. Discussion on Joint Zoning Board for the Metropolitan Airports Commission. Council Agenda - 3 - Tues.,February 7, 1978 C. Report of City Manner:. 1. Receive and award bids for 2 Satellite Stations and an addition to the main facility for the Fire Department 2. Discussion on Guide Plan Page 309 D. Report of Director of Community Services 1. Consideration of Bublitz appraisal Page 310 E. Report of City Engineer 1. 1978 Engineering Services Agreement Page 312 I!. 2. Petition for Utilities for AMOCO site on TH 169, I.C. 51-320 Page 314 (Resolution No. 78-29) 3. Petition for ;:"pet improvements on Lotus View Drive, I.C. Page 317 51-321 (Resol. .on No. 78-30) 4. Street lighting policy Page 320 F. port of Finance Director 1. Agreement for refunding bonds Page 323 2. Consideration of proposals for telephone system for City Page 324 Hall IX. NEW BUSINESS X. ADJOURNMENT. • 14) EVEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TUESDAY, JA.'NUARY 3, I978 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; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: City Manager Roger Ulstad PLEDGE DF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added under the "New Business" category: A. Consent Calendar • B. Communication from Metropolitan Airports Commissioner Gertrude Suet C. Resolution No. 1088 MOTION: Meyers moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. II. OFFICIAL DESIGNATIONS • A. Appointment of Acting Mayor for 1978 Meyers placed the name of Sidney Pauly into nomination for Acting Mayor for 1978. Meyers moved, seconded by Osterholt, that nominations be closed and that a unanimous ballot be cast for Sidney Pauly_for Acting Mayor for 1978. Motion carried unanimously. III. MINUTES OF THE COUNCIL MEETING HELD WEDNESDAY, DECEMBER 7, 1977 Pg. 1, item II, 2nd para., strike "Gilderhus to Gilderhas", and insert "Gilderhas to Gilderhus". Pg. 3, para. 1, 6th line, strike "that right-of-way for the trail be acouired" and insert in lieu thereof "of the right-of-way for a trail to be dedicated" Pg. 4, para. 1, 1st line, strike "Eden Prairie" and insert in lieu thereof "Prairie View"; in the last para., 8th line, strike "Read" and insert "Trail". Pg. 5, 1st para., 3rd line, after "problems.", insert "Public Hearing to be continued to January 17, 1978." Pg. 11, VII. A., strike "Concern" and insert "Concert". 11‘1 Council Minutes - 2 - Tues.,January 3, 1978 MOTION: Osterholt moved, seconded by Meyers, to approve the minutes of the Council meeting held Wednesday, December 7, 1977, as amended and published. Motion carried unanimously. IV. PUBLIC HEARINGS A. Community Oevelopment Block Grant (Resolution Nos. 78-02 & 78-03) Planner Enger spoke to his memo dated December 29, 1977, and answered questions of Council members. Osterholt stated the City should be looking at some type of recreation activities or parks to serve areas of the community where we have low and moderate income - the Muriel Humphrey residences in particular. • Meyers questioned how much longer this program is authorized to be funded. Enger responded it is authorized for the next three years. Meyers suggested in the future that the City could possibly purchase land with 1 years application in the fringe area of sewer and water. The following year the money could be used to improve the land with utilities. She further stated that she believes some agreement could be made with the carpentry and trades program with the Hennepin Vo-Tech School. Then the City could provide some single family homes for low and moderate income familites. Osterholt commented he would like to see other opportunities added to the three year plan, and if it were possible in working out new development that we speak to this same point and ask if they might have land they would be willing to set aside and the City could provide utilities. John Retterath, 9011 High Point Circle, questioned if there are sufficient monies to finish the park site next to Windslope. Enger responded in the positive if the priorities were adopted as set forth in his memo dated December 29, 1977. MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-02, authorizing submission of the City of Eden Prairie grant application to Hennepin County for inclusion in the Urban Hennepin County Community Development Block Grant Application, in accord with the Housing and Community Development Act of 1974. Motion carried unanimously. MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-D3, requesting Hennepin County to transfer COBG funds from Project #56 to Project #57. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to close the Public Hearing and instruct staff to again work with the Commissions to prepare next years one year action plan within a broad 3 year development plan. Motion carried unanimously. Enger explained at this point it is the Staff's intention to write the application with the costs estimated on page 3 of memo dated 12/29/77, adding the Council's suggestions to the 3 year plan. Council Minutes - 3 - Tues.,January 3, 1978 B. Crosstown Parkes Richard Anderson. Request to rezone from Rural to I-2 Park and preliminary plat 28 acres into 6 lots Richard Anderson, proponent, distributed a brochure outlining the proposal and answered questions of Council members. Planner Enger explained that the project did go to the Planning Commission on November 14 and was approved on a 4-1 vote. In addition an Environmental Assessment Worksheet on both this 28 acre proposal and the Cardarelle proposal was sent to the Environmental Quality Council. This project has gone to the Nine Mile Creek Watershed District and they have reviewed the grading plan and have ok'd the use of the pond but have not reviewed a storm sewer plan as of yet. Enger further stated that the City's Engineering and Planning Department would request that additional grading studies on the 3 offices be submitted along with a storm sewer plan. Penzel questioned if there will be adequate separation between the motel and the driveways. Engineer Jullie responded they are adequately separated to allow safe turning movements in the area. MOTION: Meyers moved, seconded by Osterholt, to adopt the 1st Reading of Ordinance No. 78-01, rezoning the approximately 28 acres to I-2 Park for lots 5, 5 and 7, and to Office District for lots 2, 3 and 4 for Crosstown Park by Richard Anderson. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 78-01, approving the preliminary plat for Crosstown Park by Richard Andcrson, and direct the City Attorney to draft a rezoning agreement incorporating the recommendations as outlined in Staff Report dated November 3, 1977. Motion carried unanimously. C. Pillsbury Rezoning, consideration of rezoning the approximate 25 acre research and development site from I-5 Park back to Rural City Attorney Ross Thorfinnson explained that this property was never actually rezoned as Ordinance No.77-21 was never published. Thorfinnson further suggested that the Council merely reaffirm the fact that this property in question is still zoned Rural by Resolution. MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 78-23, reaffirming the zoning classification of certain properties in The Preserve as being a Rural classification. Motion carried unanimously. Osterholt requested Staff to research to see if the Council has taken any other action where ordinances have not been published. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI. APPOINTMENTS A. Metropolitan League of Municipalities - Appointment of 1 Representative and 4 Alternates MOTIDN: Osterholt moved, seconded by Bye, to accept the Manager's recommendation that Mayor Penzel be appointed as the Representative of the City and the 4 Council members as Alternates to the Metropolitan League of Municipalities. Motion carried unanimously. ,1/;i Council Minutes - 4 - Tues.,January 3, 1978 • VI. APPOINTMENTS (continued) B. Health Officer - Appointment of 1 Health Officer for the year 1978 MOTION: Osterholt moved, seconded by Bye, to accept the Manager's recommendation that Dr. Ekrem be reappointed as the Health Officerfnr • the year 1978. Motion carried unanimously. C. Suburban Rate Authority - Appointment of 1 Representative to the Suburban Rate Authority for 1978 MOTION: Osterholt moved, seconded by Bye, to accept the Manager's • recommendation to adopt Resolution No. 78-15, appointing City Engineer Jullie as the Representative and City Manager Ulstad as the Alternate to the Suburban Rate Authority. Motion carried unanimously. D. South Hennepin Human Services Council - Appointment of 2 Representatives for 2 year terms commencing 2/1/78 MOTION: Osterholt moved, seconded by Bye, to accept the Manager's recommendation that Councilwoman Sidney Pauly and Finance Director John Frane be reappointed to the South Hennepin Human Services Council for two year terms. Motion carried unanimously. E. Assistant Weed Inspector - Appointment of Assistant Weed Inspector for 1978 MOTION: Osterholt moved, seconded by Bye, to accept the Manager's recommendation that Wes Dunsuor'e be reappointed as Assistant Weed Inspector for 1978. Motion carried unanimously. F. WAFTA Board - Appointment of 1 Representative for a 1 year term MOTION: Osterholt moved, seconded by Bye, to appoint John Retterath to serve on the WAFTA Board. Motion carried unanimously. • VII. OROINANCES & RESOLUTIONS A. Resolution No. 78-07, designating the official meeting dates, time and place for the City of Eden Prairie Council Members in 1978 MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-07, designating the official meeting dates, time and place for the City of Eden Prairie Council Members in 1978, specifying the time of the meetings to be from 7:30 PM to 11:30 PM. Motion carried unanimously. B. Resolution No. 78-06, designating the Official Newspaper for 1978 MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-07, designating Eden Prairie News as the Official Newspaper for 1978. Motion carried unanimously. C. Resolution No. 78-08, authorization for signatures MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 78-08, authorization for signatures. Motion carried unanimously. 02.5 Council Minutes - 5 - Tues.,January 3, 1978 O. Resolution No. 78-09, designating a depository for the City of Eden Prairie MOTION: Osterholt moved, seconded by Meyers, to designate Suburban National Bank as the depository for the City of Eden Prairie. Motion carried unanimously. E. Resolution No. 78-04, authorizing use of facsimile signatures by Public Officials MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 78-04, authorizing use of facsimile signatures by Public Officials. Motion carried unanimously. F. Resolution No. 78-05, authorizing the Treasurer to invest City of Eden Prairie Funds MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-05, authorizing the Treasurer to invest City of Eden Prairie Funds. Motion carried unanimously. G. Resolution No. 78-10, denying request for preliminary plat approval and rezoning from Rural to R1-13.5 for Knoble Addition by Universal Land Corporation MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-10, denying request for preliminary plat approval arid rezoning from Rural to R1-13.5 for Knoble Addition by Universal Land Corporation. Osterholt, Pauly and Penzel voted "aye", Meyers and Bye voted "nay". Motion carried. H. Resolution No. 77-146, requesting a post office to be established in the City of Eden Prairie Council members requested that two changes be made in Resolution No. 77-146. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-146 as amended. Motion carried unanimously. I. 2nd Reading of Ordinance No. 77-39, Olympic Hills 3rd Addition, rezoning from Rural to R1-13.5 and rezoning agreement MOTION: Osterholt moved, seconded by Bye, to approve the 2nd Reading of Ordinance No. 77-39, rezoning Olympic Hills 3rd Addition from Rural to R1-13.5. Motion carried unanimously. MOTION: Osterholt moved, seconded by 8ye, to adopt the rezoning agreement for Olympic Hills 3rd & 4th Additions. Motion carried unanimously. J. 2nd Reading of Ordinance No. 77-40, Olympic Hills 4th Addition MOTION: Pauly moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 77-40, rezoning Olympic Hills 4th Addition from Rural to R1-13.5. Motion carried unanimously. Council Minutes - 6 - Tues.,January 3, 1978 K. Ordinance No. 78-03,_re ulating the licensing and operation of Dance Halls within the City of Eden Prairie and amending Ordinance No. 102 • MOTION: Meyers moved, seconded by Osterholt, to approve the 1st Reading of Ordinance No. 78 03, regulating the licensing and operation of • Dance Halls within the City of Eden Prairie and amending Ordinance No. 102. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Councilman Osterholt stated he would report on the Sign Ordinance at the January 17th Council meeting. 2. Mayor Penzel brought the Council up-to-date on the meetings with the Chemical Waste Ad Hoc Committee of the Metropolitan Waste Control Commission, and the Ad Hoc Committee on Ordinance No. 51 pertaining • to Flying Cloud Airport. B. Report of City Attorney No reports. C. Re_psrt of City Manager 1. Charges to the Development Commission Council members requested that the Chairman of the Development Commission be invited to the January 17, 1978 Council meeting to discuss charges to the Development Commission. 2. Renewal of directional sians for Eden Prairie Center • MOTION: Osterholt moved, seconded by Pauly, to approve the three directional signs for the Eden Prairie Center. Motion carried unanimously. D. Report of City Engineer 1. Receive_petition for utility and street improvements in Norseman Industrial Park Zed Addition, I.C. 51-319 MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 78-11, receiving petition and ordering feasibility report on improvements (I.C. 51-319) in Norseman Industrial Park 2nd Addition. Motion carried unanimously. 2. T. H. 169 pecial Assessment ppea1 City Engineer Jullie spoke to memo dated December 30, 1977, noting that Mr. Calvin Anderson questioned the assessment sometime after the hearing as Mr. Anderson claimed a notice was not received of the assessment hearing. The assessment was levied and the basis of their objection is contained in Paul Anderson's letter dated 12/9/77. Mr. & Mrs. Calvin Anderson have submitted a signed letter in agreement with the stipulation that the slope easements would be turned back to them at no cost. a,u • Council Minutes - 7 - Tues.,January 3, 1978 2. T. H. 169 Special Assessment appeal (continued) Paul Anderson, representing Calvin Anderson, explained that when his parents receive a notice from the City they respond immediately. He further stated he went through all communications from the City to his parents and could not find one for the T.H. 169 Special Assessment Hearing. Mr. Anderson further reiterated points brought out in his letter dated December 9, 1977. Osterholt stated he believed the notice had been sent to Mr. Calvin Anderson as the Council relies on what the Staff tells them. Osterholt suggested that Paul Anderson's name be added to the mailing list to receive the same notices as his parents. MOTION: Osterholt moved, seconded by Bye, to approve the recommendation of City Engineer Juilie outlined in memo dated December 30, 1977, regarding the Special Assessment Appeal on the Anderson Property (Parcel D500). Motion carried unanimously. • 3. Annual Agency Contract with Minnesota Department of Transportation MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-14, authorizing the City to enter into an Annual Agency Contract with the Minnesota Department of Transportation. Motion carried unanimously. 4. Annual Technical and Engineering Assistance Agreement with Minnesota PEnartment of Trans_portation MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 77-13, authorizing the City to enter into an Annual Technical and Engineering Assistance Agreement with the Minnesota Department of Transportation. Motion carried unanimously. E. Report of Finance Director 1. Setting date for consideration of bond refunding proposals City Manager Ulstad explained that to-date we have received 6 proposals. Finance Director Frane spoke to the concept of bond refunding and answered questions of Council members. MOTION: Osterholt moved, seconded by Pauly, to set January 10, 1978, 7:30 PM, City Hall, as the date, time and place to consider bond refunding proposals. Motion carried unanimously. 2. Clerk's License List MOTION: Bye moved, seconded by Osterholt, to approve the Clerk's License List dated January 3, 1978. Motion carried unanimously. 3. Payment of Claims Nos. 8265 - 8386 MOTIDN: Pauly moved, seconded by Bye, to approve Payment of Claims Nos. 8265 - 8386. Roll Call Vote: Pauly, Bye, Meyers, Osterholt and Penzel voted "aye". Motion carried unanimously. Council Minutes - 8 - Tues.,January 3, 1978 IX. NEW BUSINESS A. Consent Calendar Council members requested that a Consent Calendar be initiated at the January 17, 1978 Council meeting. B. Communication from Metropolitan Airports Commissioner Gertrude Suel General discussion took place regarding connunication from Commissioner Suel, whereby she requested someone from the City to participate in the Public Hearing on January 12, 1978, regarding the acquisition of the Wolf Property by the Metropolitan Airports Commission. City Manager Ulstad stated he would have a Staff member present to testify on the City's behalf at this scheduled Public Hearing. C. Resolution No. 1088 City Manager Ulstad asked the Council if they would consider an amendment to Resolution No. 1088 on page 14, by adding a new sentence to the last paragraph to read as follows: "The City will contribute $60 per month toward the cost of individual and dependent coverage for those employees who have elected to be insured through a plan provided by the City." Osterholt explained he thought the insurance program should be reviewed on a regular basis. MOTION: Osterholt moved, seconded by Bye, to amend Resolution No. 1088, page 14, by adding a new sentence to the last paragraph to read: "The City will contribute $60 per month toward the cost of individual and dependent coverage for those employees who have elected to be insured through a plan provided by the City." Motion carried unanimously. X. ADJOURNMENT MOTION: Osterholt moved, seconded by Pauly, to adjourn the Council meeting at 10:30 PM. Motion carried unanimously. • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY )7, 1978 7:30 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 Frane; Acting Director of Community Services Sandra Werts; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL 0r AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda under the "New Business" category: A. Consideration of renaming_Lake Tobias to Lake Idlewild. B. Position relative to the preliminary selection of the Chemical Waste Disoosal Site C. Community Health Services Contract with Hennepin County for 1978 MOTION: Osterholt moved, seconded by Meyers, to approve the agenda as amended and published. Motion carried unanimously. II. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 78-03, regulating the licensing and operation of dance halls within the City of Eden Prairie and amending Ordinance No. 102 B. Payment of Claims Nos. 8390 - 8568 C. Clerk's License List MOTION: Meyers moved, seconded by Osterholt, to approve all items on the Consent Calendar. Roll Call Vote: Meyers, Osterholt, Bye, Pauly and Penzel voted "aye". Motion carried unanimously. Council Minutes - 2 - Tues.,January 17, 1978 III. MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 20, 1977 Pg. 4, add a new paragraph after paragraph 1 as follows: "Brian Wilhelm, 13765 Research Road, former Director of Community Education, spoke to the need for simplicity of organization and for personal contact with members of the community." Pg. 8, paragraph 7, 3rd line after "E.", add the following sentence to read "Further that a requirement be made by the City that the driveway access on to #169 be moved when the road is ready for use, and that the name of Condon/Naegele Boulevard he changed to meet the City's approval." MOTION: Pauly moved, seconded by Osterholt, to approve the the minutes of the Regularly Scheduled City Council meeting held Tuesday, December 20, 1977, as amended and published. Motion carried unanimously. IV. PRESENTATION OF A CHECK FROM THE METROPOLITAN COUNCIL FOR THE PLANNING GRANT Metropolitan Council Area Representative James Daly spoke to the Planning Grant check received from the Metropolitan Council to the City of Eden Prairie. General discussion also took place among Council members and Mr. Daly regarding the Ad Hoc Committee on Chemical Waste as Mr. Daly is a member of that committee. Mr. Daly stated that Eden Prairie is looked on favorably by the Ad Hoc Committee as at meetings Eden Prairie's representatives have brought out good points and conducted themselves in a fine manner. Bye expressed his concern about the layering of government that we are getting into and that we are finding a removal of the people and the community from the decision making process. He further stated that the last group being listened to is the community itself. Meyers explained it has been most frustrating in dealing with metropolitan agencies in general regarding the timing of local notification. Often the • City Council and City Staff are the last ones to know,and on top of that we are given a short time to respond. Meyers further commented that the agencies should try to work with the community instead of trying to work for them. Daly stated he does understand notification has been a problem in the past and they are trying to correct this situation. Mayor Penzel thanked Mr. Daly on behalf of the Council for the Planning Grant check. Mr. Daly stated any time the Council would like to have him appear before them he would be happy to do so. V. DISCUSSION OF AD HOC COMMITTEE ON ORDINANCE NO. 51 (Flying Cloud Airport) Mayor Penzel explained that the Metropolitan Airports Commission adopted Ordinance No. 51 on Monday, January 16, 1978, without any modification, and referred to letter dated January 16, 1978 from Frank P. Befera, Chairman of the Metropolitan Airports Commission, indicating same. 2`)'7 Council Minutes - 3 - Tues.,January 17, 1978 V. DISCUSSION OF AO HOC COMMITTEE ON ORDINANCE NO. 51 (Flying Cloud Airport) Bye praised the Ad Hoc Committee for the manner in which they served and asked if there were any members from MAC in the audience. There being none, Bye responded MAC Staff has spent 1/2 hour of their time with us and that was because they wanted something, and when they take action on something as important as Ordinance No. 51 nobody from MAC is present to report what they did. Bye further reiterated that the Eden Prairie City Council is still on record and has testified many times that they are unanimously opposed to Ordinance No. 51, but cannot find it anywhere in MAC's records. The Metropolitan Council, Metropolitan Airports Commission, and the Metropolitan Waste Control Comnission have effectively taken away the power of the community to do anything for themselves, Bye stated, and MAC is going to do what they were always going to do. Gloria Williamson, member of the Ad Hoc Committee on Ordinance No. 51, questioned if Eden Prairie is still pursuing the lifting or non-lifting of jets at Flying Cloud Airport. Penzel replied the City is presently in Court on this situation. Dsterholt suggested that before we act on any of these situations in the future, i.e., appointing an ad hoc committee, that the Council cross examine themselves to make sure we know where of which we speak, and what we are getting into before we make an effort to cooperate. He further stated that the City Council has been put upon by MAC. Penzel restated the City Council's previous position as being opposed to Ordinance No. 51. VI. PUBLIC HEARINGS A. Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company Continued Public Hearing from December 7, 1977) Howard Dahlgren, Howard Dahlgren & Associates, spoke to his communication dated January 13, 1978, and answered questions of Council members. City Planner Enger outlined his memo dated January 13, 1978, and also answered questions of Council members. Mr. Enger further stated he has not had ample time to thoroughly review the communication from Mr. Dahlgren and did not care to comment on its contents until he has had a chance to do so. Meyers questioned if Staff has looked at the type of trails along Dell Road. Enger responded that Staff would feel the extension of the same width as with Maple Leaf Acres would be consistent for the Edengate proposal. Questions were raised by Council members relative to 2 lanes of parkway to be constructed and paid for by the developer as they are the beneficiary, and also that the City does not have sufficient monies for this type of construction. Mr. Dahlgren distributed a further communication to Council members dated January 17, 1978, and spoke to same. • Council Minutes - 4 - Tues.,January 17, 1978 A. Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company (continued) Tom Collins, 6641 Tartan Curve, Brad Askland, 18219 Ginavale, and Jerry Catt, 18600 Duck Lake Trail, spoke in opposition to the Edengate proposal as presented citing the following concerns: where the north section is proposed in the plan there is a deadend indicated on the map - that is a swamp with well over 4 feet of water, on the south end of Dell Road that is an extension of where Purgatory Creek passes through, the proponents gift of parkland is a gravel pit which drops off rapidly into another swamp, is Duck Lake Trail going to be bridged, disruption to the conservancy area, fire and safety problems. Brad Askland, Chairman of a newly formed organization called the Northwest Homeowners Group, which consists of about 50 members, also oppose the plan and have indicated their objections as follows: traffic problems, multi-dwellings within single family housing, feels it will probably lower property values in the area and is not consistent with the character of the area, Edengate proposal is not in keeping with the early plans Eden Prairie had for this area, and even with the staging of the development the same problems will still exist. Main concern is the traffic problems and future development of whole area has not been resolved and needs to be resolved before approval of this project. MOTION: Osterholt moved, seconded by Pauly, that this Public Hearing be continued until February 7, 1978, and refer communication from Mr. • Dahlgren dated January 13, 197B to staff for review and recommendations, and also take into consideration the concerns expressed by citizens. Osterholt, Pauly, Bye and Penzel voted "aye", Meyers voted "nay". Motion carried. B. Utility and Street Improvements for the Country Vista Addition and West 168th Avenue, I.C. 51-312 Pauly questioned if the problem had been addressed regarding the road coming down the hill. City Engineer Jullie responded that in estimating the cost a provision was included for a barricade. Penzel acknowledged a Resolution received from the Eden Prairie Assemblies of God Church in support of this improvement. MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 78-16, ordering improvements for Country Vista and West 16Bth Avenue, I.C. 51-312. Motion carried unanimously. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Communication from the Legal Counsel for MAC regarding a Joint Zoning Board MOTION: Osterholt moved, seconded by Pauly, to refer this item to the City Attorney for review. Motion carried unanimously. aC2I Council Minutes - 5 - Tues.,January 17, 1978 VIII. REPORTS OF ADVISORY COMMISSIONS A. Development Commission Dean Edstrom, Chairman of the Development Commission appeared before the Council to discuss Council directives and specific areas the Council would like the Commission to be concerned with. After general discussion, the Council felt that Ordinance No. 77-4 defines the charges of the Development Commission. However, if the Commission has some specific concerns the Council would like to hear them. Mr. Edstrom explained that the Development Commission will be setting up a joint meeting with the Planning Commission so they will coordinate rather than conflict with each other. Osterholt suggested that building permits as they are issued be supplied to the Development Commission for industrial and comnercial development. IX. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 77-31, approving rezoning from Rural to R1-13.5 for Amsden Hills II and Rezoning Agreement MOTION: Osterholt moved, seconded by Bye, to approve the 2nd Reading of Ordinance No. 77-31, rezoning from Rural to R1-13.5 for Amsden Hills Ii. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the rezoning agreement for Amsden Hills II. Motion carried unanimously. B. Resolution No. 78-22, establishing a policy for the Cash Park Fee City Manager Ulstad requested that Resolution No. 78-22 be continued to the February 21, 1978 Council meeting. MOTION: Pauly moved, seconded by Penzel, to continue Resolution No. 78-22 to the February 21, 1978 Council meeting. Motion carried unanimously. C. 2nd Reading of Ordinance No. 77-42, rezoning from Rural to RM 2.5 and RM 6.5 for double bungalows and apartments for Golf Vista, and Rezoning Agreement Meyers requested that the "apartments" be struck from the rezoning agreement and be substituted with "condominium buildings". MOTION: Pauly moved, seconded by Meyers, to approve the 2nd Reading of Ordinance No. 77-42, rezoning from Rural to RM 2.5 and RM 6.5 for double bungalows and condominium buildings for Golf Vista. Pauly, Meyers, Bye and Penzel voted "aye", Osterholt voted "nay". Motion carried. �ip� Council Minutes - 6 - Tues.,January 17, 1978 C. 2nd Reading of Ordinance No. 77-42 - Golf Vista (continued) MOTION: Meyers moved, seconded by Pauly, to approve the rezoning agreement with the aforementioned change for Golf Vista. Meyers, Pauly, Bye and Penzel voted "aye", Osterholt voted "nay". Motion • carried. • Bve requested that en effort be made to remove the dutch elm trees from this area. X. REPORTS OF OFFICERS, BOARDS R COMMISSIONS A. Reports of Council Members 1. Councilman Dave Osterholt - Sign Ordinance Osterholt explained that he had reviewed the Sign Ordinance and commented rather than attempt to rewrite the Sign Ordinance, that it merely be amended as to reasons for granting variances and in the area of existing signs. Osterholt referred to a model ordinance used by another community on sign variances and a book outlining the problems of non-conforming signs and what to do with them. This item was referred to Staff for review to be brought back to the Council on February 21, 1978. B. Report of City Attorney No reports. C. Report of City Manager 1. Award bids for a 7-gang hydraulic mower and broom and a 1 ton body dump truck • MOTION: Meyers moved, seconded by Pauly, to award the bid to Minnesota Toro, Inc. in the amount of $14,950.00 for • a 7-gang hydraulic mower and broom. Roll Call Vote: Meyers, Pauly, Bye, Osterholt and Penzel voted "aye". Motion carried unanimously. MOTION: Meyers moved, seconded by Pauly, to award the bid to Suburban Chevrolet in the amount of $7,D92.78 for a 1 ton body dump truck. Roll Call Vote: Meyers, Pauly, Bye, Osterholt and Penzel voted "aye". Motion carried unanimously. 2. Award bid for a 4-wheel drive police vehicle MOTION: Pauly moved, seconded by Osterholt, to award the hid to Bloomington Chrsyler/Plymouth in the amount of $6,913.75 for a 4-wheel drive police vehicle. Roll Call Vote: Pauly, Osterholt, Bye, Meyers and Penzel voted "aye". Motion carried unanimously. 3. Setting of a date for Council and Commissions to review the Guide Plan MOTION: Osterholt moved, seconded by Meyers, to set January 31, 1978 as the date for Council and Commissions to review the Guide Plan. Motion carried unanimously. 2(.9 • Council Minutes - 7 - Tues.,January 17, 1978 D. Report of City Engineer 1. Consider bids for City Well No. 3, I.C. 51-301 Pauly questioned the depth of the well. City Engineer Jullie responded it would be about 400 feet deep. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-17, awarding the bid to Bergerson-Caswell, Inc., in the amount of $42,700.00 for City Well No. 3, I.C. 51-301. Roll Call Vote: Osterholt, Pauly, Bye, Meyers and Penzel voted "aye". Motion carried unanimously. 2. Preliminary Plan approval for Traffic signal on TH 169 at North entrance to Vo-Tech School, S.P. 2744-31, I.C. 51-311 City Engineer Jullie spoke to his memo dated January 11, 1978, and introduced Al Pint from the Minnesota Department of Transportation who answered questions of Council members and the audience. James Simchuck, 9145 Flying Cloud Drive, expressed his concern over the location of the traffic signal at the intersection because it implies there will be a future road extending to the east of his property which could involve future special assessments. Eugene Hansen, Clean-Sweep, 9145 Flying Cloud Drive, could see no problem with the plan but would like to be notified early so they can get their equipment out of the way. City Engineer Jullie explained that the City might have to pay 15% of the signal cost, however, Vo-Tech has expressed a willingness to participate in the cost. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-18, approving the preliminary plans for traffic signal at TH 169 at north entrance to Vo-Tech School, S.P. 2744-31, I.C. 51-311. Osterholt, Bye, Pauly and Penzel voted "aye", Meyers voted "nay". Motion carried. 3. Discussion on Street Lighting Policy for Eden Prairie City Engineer Jullie spoke to his memo dated January 12, 1978, and answered questions of Council members. Council referred this item to staff to outline what kind of figures we are looking at for 1978. 4. RCM 1978 Engineering Services Agreement City Engineer Jullie spoke to his memo dated January 11, 1978, and to the 1978 Engineering Services Agreeiaent with RCM. Council requested that Staff review other engineering firms and make a recommendation to the Council on February 7, 1978. • Council Minutes - 9 - Tues.,January 17, 1978 XI. NEW BUSINESS A. Consideration of renaming Lake Tobias to Lake Idlewild MOTION: Meyers moved, seconded by Osterholt, to direct Staff to officially change the name of Lake Tobias to Lake Idlewild. Motion carried unanimously. City Engineer Jullie explained that Hustad Development has named a street in their development Idlewild; however, Jullie would ask Hustad to come up with a different name. B. Position relative to the preliminary selection of the Chemical Waste Disposal Site Mayor Penzel spoke to communication from the Metropolitan Waste Control Commission dated January 13, 1978 which outlines the specific proposed site in Eden Prairie. Penzel further stated he would be in attendance at the Ad Hoc Committee on Chemical Waste on January 23, 1978, to restate the City's position. City Attorney Thorfinnson spoke to the three ordinances he recently drafted regarding hazardous wastes, after which time the following motions were made: MOTION: Osterholt moved, seconded by Bye, to adopt the 1st Reading of Ordinance No. 78-04, relating to nrotecting the health and general welfare of the residents of the City of Eden Prairie, and amending Ordinance No. 2. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to adopt the 1st Reading of Ordinance No. 78-05, relating to zoning and amending Ordinance No. 135. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to adopt the 1st Reading of Ordinance No. 78-06, relating to the control and prevention of hazards to the residents of the City of Eden Prairie, and residents of adjoining communities from hazardous wastes and hazardous infectious wastes. Motion carried unanimously. Osterholt requested City Attorney Thorfinnson to check and see if the Metropolitan Waste Control Commission has the power of eminent domain. C. Community Health Services Contract with Hennepin County for 1978 MOTION: Bye moved, seconded by Meyers, to approve the 1978 contract between the City of Eden Prairie and Hennepin County for provision of health services with Community Health Services in the amount of $1,695.00. Roll Call Vote: Bye, Meyers, Osterholt, Pauly and Penzel voted "aye". Motion carried unanimously. XII. ADJOURNMENT MOTION: Bye moved, seconded by Meyers, to adjourn the Council meeting at 12:25 AM. Motion carried unanimously. .>LV • UNAPPROVED MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING 7:30 PM, CITY HALL TUESDAY, JANUARY 10, 1978 COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy 8ye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad, Finance Director John Frane, and Mr. Endorf, Bond Attorney ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was requested to be added to the Council Agenda under the "New Business" category: A. Discussion of the Public Hearing scheduled by the Metropolitan • Airports Commission for January 16, 1978 MOTION: Bye moved, seconded by Pauly, to approve the agenda as amen„ and published. Motion carried unanimously. II. BOND REFUNDING PROPOSALS The following firms outlined Bond Refunding proposals: 1. Ehlers & Associates, represented by Mr. Ehlers & Mr. Swanson. 2. Piper; Jaffray & Hopwood, Inc., represented by Mr. Pakonen. 3. Dain, Kalman & Quail, Inc., represented by Mr. Heise and Mr. Miller. Each firm submitted written proposals and are on file in the City Clerk's Dffice. Numerous questions were asked by members of the Council regarding each proposal. MOTION: Bye moved, seconded by Osterholt, that the proposals submitted be referred to Staff for recommendations at the next regular Council meeting. Motion carried unanimously. Ill. NEW BUSINESS A. Discussion of the Public Hearing scheduled by the Metropolitan Airports Commission for January 16, 1978 MOTION: Osterholt moved, seconded by Bye, that a Special Delivery Letter be sent to each member of the Metropolitan Airports Commission stating the Eden Prairie City Council's dismay with the MAC's scheduled public hearing on January 16, 1978, which eliminates the opportunity for the City Council to discuss their concerns relative to Ordinance No. 51 at their regular Council meeting on January 17, 1978. Motion carried unanimously. IV. ADJOURNMENT MOTION: Bye ',loved, seconded by Osterholt, to adjourn the Council meeting at 11:17 PM. Motion carried unanimously. Council Minutes - 8 - Tues.,January 17, 1978 E. Report of Finance Director 1. Award bids for telephone system for City Hall • Finance Director Frane spoke to his memo dated January 13, 1978, and answered questions of Council members. Mr. Anderson, Electronic Design, spoke briefly on the background • of their company, accounts which they presently have, and the type of system that is proposed for the Eden Prairie City Hall. Ronald Berry, Account Executive for Northwestern Bell Telephone • Company, explained that they did not bid this project as they do not sell equipment and are only in the leasing business. However, he would like to prepare formal bids to the Council for a telephone system on a lease basis if the Council would consider such a bid. Council agreed with Mr. Berry's request. • MOTION: Osterholt moved, seconded by Bye, to consider awarding bids for a telephone system for City Hall on February 7, 1978. Motion carried unanimously. 2. Payment of Claim No. 8176 - Gorra relocation yment of $6,428.46 City Manager Ulstad spoke to memo from Sandy Werts dated December 23, 1977. MOTION: Bye moved, seconded by rawly, to approve Payment of Claim No. 8176. Roll Call Vote: Bye, Pauly, Meyers and Penzel voted "aye", Osterholt voted "nay". Motion carried. 3. Discussion on Bond Refunding proposals Finance Director Frane spoke to his memo dated January 13, 197B, and answered questions of Council members. Rod Pakonen and Stan Cowle, Piper, Jaffray & Hopwood, and Bill Fahey, Ehlers & Associates, assured the Council that they have worked together before and are confident they can do a good. Mr. Fahey explained that each firm has expertise in different areas. Mr. Pakonen explained the next step would be a joint recommendation of City Staff, Ehlers and Piper. Osterholt questioned if the agreement has been redrafted at this time. Mr. Frane responded in the negative. Osterholt suggested that a special meeting be set for the purpose of considering the redrafted agreement when completed. • MOTION: Osterholt moved, seconded by Pauly, to direct Staff to work up a joint agreement with Ehlers & Associates and Piper, Jaffrey & Hopwood involving advance refunding, and that a special meeting be set to consider this agreement. Motion carried unanimously. �2G� UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 31, 1978 7:00 PM CITY HALL COUNCIL MEM3ERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; Finance Director John Frane; City Engineer Carl Jullie; and Jean Johnson, Recording Secretary MEETING CALLED TO ORDER BY MAYOR PENZEL 7:10 PM I. ROLL CALL All members present. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS • Motion: Osterholt moved, Bye seconded, to approve the agenda as published . histion carried unanimously. III. AGREEMENT DETNEEN PIPER, JAFFRAY & HOPWOOD/EHLERS & ASSOCIATES AND THE CITY OF EDEN PRAIRIE FOR BOND REFUNDING City Manager Ulstad spoke to the letter from Ehlers & Associates dated Jan. 19, 1978 regarding bond refunding. Ulstad explained the City has reviewed proposals from firw and Finance Director John Crane is present to answer questions of the Council. Osterholt questioned the reason the figure had risen from the original, and how the open-endness of the agreement relative to fees would be handled. Finance Director Crane responded he felt the additional price is worth the services the City would receive from the two firms because of the firms' experience and the • cross-checking the two firms will provide. Osterholt asked if the increase in price is due to the addition of another firm. Finance Director Crane replied the City Council may opt to retain only one firm, but he feels the addtional price and the services of the two firms will benefit — the City. MOTION: Osterholt. moved, Pauly seconded, to approve the Agreement between Piper, Jaffray & Hopwood/Ehlers & Associates and the City subject to the City Finance Director meeting with the two firms in an attempt to renegotiate a reduced total fee and set figures so that the costs of items 1-5, page 2, do not exceed an • agreed amount. Said information to be returned to the Council at the upcoming meeting. Motion carried unanimously. IV. CHEMICAL WASTE DISPOSAL SiTE A. 2nd Reading of Ordinance No. 78-04 , relating tojrotecting the health and 9.eneral welfare of the residents of the City of Eden Prairie, HenneLin County, Minnesota, and amending Ordinance No. 2. MOTION: Osterholt moved, Bye seconded, to adopt the 2nd reading of Ordinance 78-04, relatinq to protecting the health and general welfare of the residents of the City of Eden Prairie, Hennepin County, Minnesota, and amending Ordinance No. 2. Motion carried unoninwusly. 2(I) • Unapproved Council Minutes -2- Jan. 31, 1978 IV. CHEMICAL WASTE DISPOSAL SITE, continued B. 2nd Reading of Ordinance No. 78-05, relating to zoning and amending Ordinance No. 135. MOTION: Pauly moved, Osterholt seconded, to adopt 2nd Reading of Ordinance No.78-05, relating to zoning and amending Ordinance 135. Motion carried unanimously. C. 2nd Reading of Ordinance No. 78-06, relating to the control and prevention of hazards to the residents of the City of Eden Prairie, Hennepin County, Minnesota, and residents of adjoining communities from hazardous wastes and hazardous infectious wastes. MOTION: Meyers moved, Osterholt seconded, to adopt the 2nd Reading of Ordinance No. 78-05, relating to the control and prevention of hazards • to the residents of the City of Eden Prairie, Hennepin County, Minnesota, and residents of adjoining communities from hazardous wastes and hazardous infectious wastes. Motion carried unanimously. D. Resolution No. 78-24, requesting participation by the Lower Minnesota River Watershed District in the hazardous waste disposal site selection process. Mayor Peazel informed the Council he !ias spoken with the Chairman of the Watershed District regarding the selection of the Eden Prairie site. It is the Watershed District's request that the City formally request • the Watershed District's involvement. MOTION: Bye moved, Osterholt seconded, to adopt Resolution 77-24, requesting participation by the Lower Minnesota River Watershed District in the hazardous waste disposal site selection process. Motion carried unanimously. E. Discussion on Environmental Consultant City Manager Roger Ulstad informed the Council the City Engineer and he had met with 3 firms capable of assisting the City . Their recommendation is the Council consider obtaining Mr.Merritt'sservices on a per diem basis with monthly bills to be received by the City. City Manager Ulstad then referred the Council to the Draft EAW on the Chemical Waste Landfill Facility in Eden Prairie received late in the afternoon. • The Council briefly discussed the draft EAW. MOTION: Bye moved, Osterholt seconded, to direct the City Manager to proceed on obtaining an Environmental Consultant as per his recommendation. Motion carried unanimously. V. NEW BUSINESS None VI. ADJOURNMENT Osterholt moved, Meyers seconded, to adjourn the Meeting at 7:48 PM. Motion carried unanimously. rJ ,2j�uf 4.1011 February 6, 1978 /9# ff TO: The Honorable Wolfgang Fenzel, Mayor a Y Members, City Council / / City of Eden Prairie FROM: Brad Ackland /01 jJerry Cott ttJames Follese . ��} / Glenn Keller dr/ /(� RE: Edengate Project This letter is intended to speak in opposition to the proposed Edengate development. The Edengate Project has been the subject of discussion on the agendas of the City Council, Parks, Recreation and Natural Resources Commission and City Planning Commission, as well as various public Guide Plan meetings and local home owners meetings. The project has failed to gain the support of the neighborhood and local area residents who would be most directly affected by the development and its attendant consequences. • The following information is intended to serve as an outline of both concerns and objections apropos the Council's consideration of Edengate at its scheduled Public Hearing February 7, 1978. 1. At the present time a major land use consideration of the • Edengate Project area is the subject of pending action by both the City of Eden Prairie, Parks, Recreation and Natural Resources Commission and the Metropolitan Parks Foundation. At its regularly scheduled meeting on September 19, 1977 the PRNRC approved a recommendation directing their staff to proceed with necessary steps to seek funding for the acquisition of both the Edengate and Narkum properties. On December 20th, 1977 the City Council directed the PRNRC to hold public hearings on this matter. A public hearing is presently scheduled for Monday, • March 6, 1978 to discuss this recommendation and seek general public input. It seems inappropriate for the Council to consider any positive action on the project until such an alternative has been thoroughly pursued. The potential public use of the Purgatory Creek area as a community natural resource and as recommended by the Purgatory Creek Study has received strong support from community residents. 1 We would recommend that no positive action be taken concerning acceptance of the Edengate Project prior to full and complete pursuit of the acquisition steps to implement the Purgatory Creek Plan as approved by PRNRC at their September 19, 1977 meeting. The impact of the loss of this designated preserve land will not be fully known until development in the northwest sector of Eden Prairie has been completed. However, at that time it will be too late. This is the time to maintain the high priority for designated preserve areas which has drawn new residents to our community. 2. Problems related to development of the Edengate Project remain substantial. While the developer has responded with compliance to several requests by the City Council the following represent those considered most critical and unanswered by either the city or the developer: a. Traffic Current plans for final routing and attendant costs of the proposed Dell Road Parkway have as yet to be completed. It does not seem prudent to approve a high density development until plans have been completed for the additional traffic from the project. The best understanding we have of current traffic and roadway plans is that the City of Eden Prairie, with funds from the developer, will construct a section of parkway from the northeast entrance of the project to Duck Lake Trail within three to five years and that completion of the parkway to connect with 101 at its northern intersection is not scheduled until 1990. Dumping an additional daily traffic burden of 250 to 300 more automobiles on Duck Lake Trail is not in the best interest of the safety of present residents and their children. Increased traffic from Hidden Ponds and Maple Leaf additions are already placing maximum usage on Duck Lake Trail. Building a go-nowhere 760 foot parkway to service the access needs of this proposed development does not represent good planning. h. According to information from the Department of Housing and Urban Development private ownership and maintenance of the streets within the project places an unreasonable financial and management burden on the Association, as well as creating related problems such as parking, policing and emergency vehicle access. To quote H.U.D. Area Director, Thomas T. Feeney, i.n his letter of November 4, 1977 to the Eden Prairie Townhouse Company concering Edengate, "Failure to obtain public streets could be cause for rejection of your proposal." -3- According to Mr. Dahlgren's letter of January 13, 1978 to the Mayor and City Council, he stated that "All streets, parking areas, and utilities are the economic responsibility of the association . . . snow plowing and maintenance of the streets, other than the parkway, is paid for by the association." This would seem to preclude H.O.D. approval of the project. c. It is not clear at this time if the development plans are in compliance with requirements of the Riley-Purgatory Creek Watershed District. According to their letter to Mr. Putnam, dated September 8, 1977, the three roadway crossings of Purgatory Creek within a 1200 foot area will necessitate bridges to minimize the increase in flood level upstream of • the entry road to the development and upstream of the proposed parkway. If the bridges have not been put in the development plan they should be and should fulfill the specifications of the Watershed District. The cost of said bridges should be known and also who is expected to assume that cost. It would he helpful to know the response of the developer to the Watershed District's concerns for the construction of settling ponds and adequate storm sewer systems within the project. d. In Mr. Putnam's recommendation for this project, he stated that borings should be taken along the N/S Parkway to determine if this road could be built in the current alignment. Only two borings were taken, by the developer, and do not constitute adequate analysis for approval of construction. Mr. Putnam suggested that the developer should pay extra costs if the road must he re-aligned. The developer wishes to pay a one time fee for this roadway, no matter what future costs occur because of it. We feel that the developer should have to pay extra ordinary costs for construction of the Parkway. 3. Finally, we want to express our objection to the approval of this project because of the precedent it would set for future developments. This case may be used by the court in the future to determine the way in which Eden Prairie follows its guide plans. We believe that the city should be consistent with the plans and not let a developer or the court decide how they shall plan and carry out plans. Acceptance of • this project leaves little ground for the denial of similar projects seeking approval for major townhouse complexes in predominently single family residential areas. In particular, we are concerned that supposedly protected open space areas would be most vulnerable. • • We believe the city has an opportunity to set its own priorities at this time. -4- This letter is offered in behalf of the interests of many homeowners in the northwest sector of Eden Prair,e who have attended numerous Council, Commission and Guide Plan meetings over the past couple of years. Public sentiment concerning the Edengate Project remains over- {, whelmingly in opposition. It is our feeling that a viable option is available to the city i.n the possible acquisition of the property. The Council's action can effectively preserve a highly designated priority area as a natural resource for our community and its future residents. If that resource is not protected at this time, it cannot he regained. We believe the project should be denied. Sincerely, Brad Askland Jerry Catt Jim Follese Glenn Keller 4 • • • • PRESENT: Anderson, Fifield, farens, Kingrey, Kruel 1, Tangen ABSENT: Upton lrinutes - Pr•r)a Recreation approved and natural Resources Conraasion - 6 - 1•bnday, Dee. 5, 1977 • VI. CLL BUSINESS A. Round 12,1:22 ?'ar__ Velleg_View Roncl (cont'd) IKiTl:o;;: i:in:;rcy roved to recommend to the Council that irr:.ediate res:olutior, be rade of the school/Lark development in order to facili- tate the orderly development of the park. Tangen seconded, notion carried unanimously. A. rot.c-at al }'ur_story_r_ehF dinr - Knell }:ruell o:;;ke to presentation rade by Jensen, and requested information on the prc,_ress of funding. Jerts responded that this item is on the Court:it A=;:-crap and that she will follow its proEress and report back ( ; to the ::or-i ss on. i • • • • • • • • • • 'JpnciUiinuteS - 7 - Tues.,November 15, 1977 3 Information about potential funding of Purgatory Acquisition in the northwest area (Edengate, I"arkum) Director of Community Services Jessen spoke to memos dated November 4 and November 10, 1977, and answered questions of Council members. MOTION: Meyers moved, seconded by Osterholt, to instruct Staff to secure information on specific proposals by the December 6th Council meeting. Motion carried unanimously. 4. Cash Park Fee Policy Director of Community Services Jessen explained that a specific or absolute statement cannot be found in our records that says Edenvale and The Preserve PUD's will never be assessed a future cash park fee, but the intent in interpreting the PUD concept is that they set forth what they intended to do and to that extent they have complied. Jessen also referred to memo from Don Brauer, Brauer & Associates, dated November 9, 1977 on the cash park fee applied to Edenvale and The Preserve PUD's. • Osterholt stated that there must be records that show the proposals and they should be reviewed with not only the question in mind of the 5%, but also the density trade-offs. He further commented there are apparently some discrepancies as to the amount set aside in the Anderson Lakes Park area and we should address ourselves to the facts as to if The Preserve and Edenvale are exempted or not exempted to the cash park fee policy. Further that Mr. Brauer should be requested to come and speak at the meeting when this item appears on the Council agenda again. • • 2q() ('1 ` ', ALL MEMBERS PRESENT Minutes - Parks, Recreation and .aeproved 1iatural Resources Coimnission -6 - Monday, Nov. 7, 1977 2. Potential of Purgatory Fund„ Jessen spoke to action taken at the meeting of Sept. 19th by the Commission directing an in6estigation by the Staff as to the availability of acquir- ing land in Duck Lake Trail Sector of Purgatory Greek.(Edengate &)arkum) He briefly explained two options that were possible, the"borrowing" of money for use in purchasing the land from the Metropolitan Parks Founda- tion or from"an Eden Prairie Parks Foundation". Jcssen responded to Questions on:whether this was comparable to a miniature natural conservancy body - is on the same level but geared to recreation, rather than research and conservation; '.'.ether the Council leas cuusidered this - need for a plan to he submitted at December 6th meeting, as Council has not discussed this item. MOTION: Eruell moved that "potential of Purgatory funding" be included on Nov. l5thOouncil Agenda. and that we recommend that the Council consider this method of funding for Purgatory Creek lands and others. Garens seconded, motion carried unanimously. 3. Regional Trail System Plan EOTION: Garens moved to table Regional Trail System Plan because infor- mation wss not available. Kruell seconded, motion carried unanimously. 4. Possibility of City Crooning Cross Country Ski Trails on Edenvale Golf Goursg Previously discussed and action taken. • • • • • _nci1 Minutes - 6 Tues.,November 11 1977 /� E. Edengate by Gerald B. Pautz & Pautz-Franklin Really Company - Mr. Howard Dahlgren, Howard Dahigren & Associates, project planners for the Edengate proposal, introduced Mike Gair from his office, and Janes Dorsey, legal counsel for the proponents. Mr. Dahlgren then spoke to the proposal commenting that they had met with the neighbors and with four gentlemen who make up the Nortnwest Eden Prairie Steering Committee. He further explained that the project will be financed by . FHA and there will be strict convenants to be controlled by the homeowners' association. Graphics of the exterior and interior of the buildings were displayed for Council members, and Mr. Dahlgren noted that the proponent is dropping from the original concept of 240 units to 198 units. Dick Putnam, City Planner, spoke to the Planning Conniiission minutes dated August 8, 1977, and Staff Reports dated July 29 and September 8, 1977. Osterholt complimented Mr. Dahlgren for the vast improvement of what was • presented previously for this site. Osterholt questioned the ownership of the property involved. James Dorsey, legal counsel for Edengate, responded that Edina Builders is the fee owner, Catco purchased the Contract for Deed, and Gerald Pautz is purchasing same from Catco. 'Mr. Dorsey further stated that Harry Gustafson and Richard Hawthorne own Catco, Inc. • 's • } •... )l • .. . . , 1 . .. Council Minutes ( ) ,. Tues, November 1, 1977 , r, ,' ,, • t .- ,a i ! •;. P.-i;7. r, Put .frooklin Realty Cr—any (torilinte.d) . :1 .' a. ttri 'li,t .!,..-! ooenci I be provided wi''i He .: ,..,:s of the ..: 0i, ie ': .:. leg i;oimittee tre-bers ti.el I at ;hay are •,,k,,,, , 1, Ila ceil:..:e ,, : i .! Council :should have '.: i : ,,:le ir.:ace :if tka: ,,,outings that. we is with the neighbors. C'onir i 1 requested l hrt;. ,. ..'r . •Ilppl ied with copies et' , ,• .,..,lionon dor:. al'. : . ' Huron distributed a ceo: u: dia Idengate .. " ••:•.. l's' "-•-,c;;;,:i: .:, ••./:1.0..., .ind Covenants to Co •. . . . . 1, tested '':an City ,,,,triery Perbix supply the ::':::. 1;1 •;i;'n en . . ;•,..iidon of the action as ieueled down by the judge as I, tUe cerise of action the Council should take. ., • .. -11,,, following spoke in oodosition :to the Edengate .re-riteal as presented: lies t P.00th, 6181 Tartan Curve, Mr. Harley, 6741 Tar:.in Curve, Mr. Askland, .. 1.:Otilt Cihavale, Mr. Do...aley, 6`2/0 Ticonderoga, daises Fell:ere, 6830 Park View • . „. one, ferry Cate, 12600 hick kake Trail, and Joe kli,f:bel, 6681 Tartan Curve. Ceeral es were cited by lie a fereineetianed residents,..i.e., do not know of a ,. S; 'ering Colenittee in the area - it is four people that like to call tine..selves a Steering Cte.iiittee, the neighborhood rooting was hostile, .: Shia proponents are sking for a complete variance from the concept plan, .. infrile„ing on the Purgatory Creok area quite a bit, not all neighbors have , heen ia:for:-..ed about nein:diode:n(1 ineetings i.pare>ue,n1 by lalengate, impact i 'at road t,euld have on the .: yien, ,rnt, ldo n peo;-..1:: , "a: rt in this area they .. •,..,:-.., 'cid .-et the Village Hall :his airs ill!; geinii tu be „, nature area or iqe,sibly convert to a golf coeree, trail it probleea which will occur on Duck Lake rr,tii if this develcietiont °cants, traffic safety, (tensity, and the feeling -knit it is inns i table the t this proposal has to he approved as Staff Reports iudicate the Council has co .inhice but to accept the pi-tel.:et. [skal . Nielsen, 6761 Tartan Curve, stated he is not for the project but • , f. els it is Letter than plan prcviously submitted. • rlr. Dahlgren rta.eleeted -:: it ehat the Judge is saying is for the proponent to i;:i back to :.:ie Cit‘,' ael nook things out. Therefore', the proponent applied :),r a ne;-; priya:el .,:id le,:so tried to work it out the 1:_•st we could with the .: 1. 0:11e,ilr• oahiii ;:i roil: eo k::d. The project sins i:TiWC, 'ed by the Ciivi,e,,,,,ental Quality Council and a new Environmental :,ssessinent Worksheet • s ',..en preeared. ,. tattooed if Nengote's lielal counsel would ogre t .that. Mr. Dahlgr,:i's ion of the ,ledge's ,barge was correct. Me. 'oesey stated that • .. 1 opinion er ' cliariat of the Court was •.or !..! Cdengate people lo go kok. ,o the Comic:: ed ,.: A it out. ijrim. - dolt iiveli, •. ',,sided by Pauly, to ceutli.,•• .'.e :'oblic ll'•,.ring 19/7, le.•,eost, the City Attorney t is r Cou..,...Tean 's .. as 'o the Judge': opinion as.to the cOul . •I ...e action the HI 'd'o, the develi: ' ; hoold ' advised th: .:,! ':i ty is undert lig • - ee, -..;He Plan a...! son ' '.:" the pi .,eut's respor et : ; to a fur ner i fivironmental ult: Vorly11‘.•t, .1 I mt . C'M tie PrOP00..:11 , ja,ding specifically , iraili,,, of NA at:i at how il:::y could pre:e'tsc •., connection between '•:: -, aek risk I ::..-, [rail, and clari fico' 'on . ':i votes by the Parks, r. .,owl lt:.seurees Coission and l:. 1 :ig Cohniission. Motion •:... .) ,,,,iy. . • • • Council Minutes - 5 - Tues.,October 4, 1977 . gate/Markum Properties and Purgatory•Plan . �. Richard Anderson, Chairman of the Parks, Recreation & Natural Resources Comnission, spoke to memo dated September 30, 1977, and answered questions of Council members. Meyers questioned how long it'would be before the application for . funding would be approved. Mr. Anderson responded about a year. Council received and filed memo dated September 30, 1977. . • a i i : 4 2' 11 • PRESENT: Anderson, Fifield, Garens, Kingrey, Kruell, Upton ABSENT: Tangen I'inutes - Parks, Rec. and Aiproved 1:.3tural Resources Col.mission - 4 - 1•bnday, Sept. 19, 197? 5. Dcvelorment Prorosals Jesscn spoke to the Mao of September 16, outlining present proposal. Pe explained that the proposed units cast of the parkv:ay are in conflict with the Turgatory Srecl: Study. He explained further that because of pro- posed dedication of 74.5 acres, there has been suggestion to cut down the "cash park fee". Y.e spoke to the dedication as being in compliance with the Study, and felt the City should not be involved with the buffer strip because of izaintecence problems and also it is of questionable recreational value. Like Uair, Dahlgren Associates, briefly presented his proposal. He spoke to three tot lots, and to a provision for 100 foot right of way to permit acconodation of pedestrian and bicyle traffic and crossing. Ee explained their position that the 74 acres being dedicated and the value associated very adequately covers their obligation, and spoke to the reasonableness of the proposal, with the tot lots, tennis courts and swirring pool to alleviate recreation pressure on the City. • Upton asked whether the proposal called for the construction of bike trails along their roads. Gair responded that at this point, no trails are called for, but noted that the trailway along Dell Road would be along the 100 foot right of way. • Kruell questioned Gair about the 400 ft. buffer strip, to which Gair responded • that it :hakes a logical place for a division as a bufzcr from the rear property line. He added that when we arc dealing with a drainage way, it is better not to have a building as it might block drainage. Kingrey felt the City szuld rotaccept trc 400 ft. strip as dedicated land. Anderson asked how Edengate proposal was in compliance with the Purgatory Creek Study. Gair explained .that it was his understanding' that the conservancy zone has been re-alligncd, and there would be devel.opr.ent, and in recognition - the potential of that property has been shifted back to another point. Anderson pointed out that this plan did receive favorable response from this Cor-..ission lreviously, but that the "island" had not been included in that plan. The impact of the road alligr.;ant was discussed and the crossing of Purgatory Jrcek and how this would be accocnlished. Gair cor.-ented that every effort 'rou]d he uncle by the Lagine•crinr Decart-:ent and provisions would be set forth so as not to destroy the creek. area. Xinw'rey inquired whether construction access route is subject to the City Engincor's approval. Jec::en responded affirmative, and also is subject to the Natcrsbed District's approval. 2 1 1:inutes - Fhrk, Rec. and Approved Patural Resources Coi..i.assion - 5 - 1•bnday, Sept. 19, 1977 1:r. Jerry Catt, 18600 Duck Lake Trail, spoke in opposition to the Edengate proposal, commenting that he feels the developr..ent will have a severe, detri- r.ental impact on that area. Ee added, they will appeal to the court and re- quest an environmental statement, if the proposal is given approval. Jcsscn, in referring to the suggestion of the cutting back of the CAT: PARK • FEE, noted that the Bluff proposal contained dedicated land and also the CASH PARK :Eh. He spoke to the Purgatory Creek Study, noting that the work they have done has been ter..percd some by the re-allien:..ent of the Purgatory Creek zone. 1ETI01:: Kruell roved that the Staff be directed to integrate the Purgatory Creek Study with the Edcngate proposal and 1 rkd;ain question,&to proceed with initial acquisition steps to inplerent the Purgatory Creek Plan. Anderson relinquished the chair, turning meeting over to Vice-chairman Garens. Anderson seconded. 'mute.-, - Parks, Rec. and Approved :atcral Resources Cce_7.iss.ion - 6 - 1'onday, Sept. 1.9, 1977 DISCUSSICp: Kingroy expressed opposition to the notion, commenting that he felt it was unfortunate that the "island" was included, but did not feel it would have that much of an adverse effect on the Creek. He felt the pro- posal should be worked out with the Council and Planning Commission, and the FR and UR Commission should state tfieir position through a motion. Anderson felt that the proposal. was an infringement on the area according to the Purgatory Creek Study, and, since he had committed himself to the Study, he felt he should support it. Catt noted that there are funds available for acquisition of the Creek, and spoke to Jessen's success at receiving funding for various purposes. Pe • urged the Commission to try for the acquisition funding. Kingrey expressed appreciation for the concern, bat felt the proposal had been around for a long time and we should act on it and not go back to a j theoretical. possibility. VCTE: The motion carried with a vote of 4-2, Kingrey and Carona casting the dissenting votes. erg • • MI NUTf':S • EDEN PRAIRIE PLANNING COMMISSION approved Monday, September 12, 1977 • 7:30 PM City Nall COMMISSION PRESENT: Chairman Sundstrom,Schee, Retterath, McCulloch, Lynch COMMISSION ABSENT Rcdpath, Beaman STAFF ('RESENT: Dick Putnam, Jean Johnson I. APPROVAL OF AGENDA Schee reminded the staff to designate times on the agenda and to attempt to place items such as the Guide Plan Discussion at the beginning. Schee moved, Retterath seconded, to approve the agenda as submitted. Motion carried unanimously. • • II. MINUTES A. Minutes of the August 22, 1977 Meeting; Lynch moved, Schee seconded, to approve the minutes as written. Motion carried unanimously. B. Minutes of the August29, 1977 lleetii _ P.2, SP,last sentence should read-Sandstrom felt that the important historical context of the PUD process i s not as wet I outlined in the existing update draft as it might be. Greater recognition should he given to the defini- tion of the update plan as the final PUD concept/development stages for all of Eden Prairie. Lynch moved, Schee seconded, to approve the minutes as written and corrected. Motion carried unanimously. Ill. MEMBERS REPORTS A. Chairman Sandstrom-none B. Others-none IV. REPORTS AND RECOMMENDATIONS A. Edentate, by Gerald B. Pautz and Pautz-Franklin Realty Co., request for Pill) Dove Igoest plan and pre:iminary plat approval and rezoning from Rural to RM 6.5 for 198 townhouses. The site is located north of Duck Lake Trail , '-, mile east of 'Ill 101. A continued public hearing. • Mr. Howard Dahlgren, Howard Dahlgren tc Associates, project planners, stated he felt the staff report was well done and he concurs with the recommendations. • Ile reviewed the project of ownership units, varied roof lines and colors(earth- tones), double garages, floor plans for 2-3 bedroom units, etc. Ile stated in response to the neil:hbors'concerns they will not use 4xS' sheets of plywood for the exterior. '.tr. Dahlgren felt the traffic increases would be phased over 3-4 years as the construction of the units arc completed. lle then distributed and outlined the contents of a draft covenant/bylaws governing maintenance. The planner reviewed the site's history and past plans as outlined in the staff report dated September 3, 1977. He stated the staff is not rec entitle nding another crossing of the creek fur additional access to the site, but that 2 accesses could be off of the proposed N/S Parkway. lie also stated the staff does not feel an additional environmental review is necessary for the project. ile believed 2-1 / v -approved Planning Commission Minutes -3- Sept. 12, 1977 ' Motion 3: Lynch moved, Schee seconded, to recommend to the City Council approval of the development stage and rezoning request from Rural to R.M 6.5 for the Edengate 'townhouse project. Motion carried 3:2 with McCulloch and Retterath voting nay.• • Motion 4: �. Lynch moved, Schee seconded, to recommend to the City Council approval of the preliminary plat for Edengate based upon the revised plan and other submitted documents and the staff report of September 8, 1977 . And request an opinion from the Public Safety Department relative to the emergency access. Motion carried 3:2 with McCulloch and Retterath voting nay. Motion 5: Schee moved, Lynch seconded, to recommend to the City Council that the Environ- mental Review Board further review the revised Edengate Townhouse project. {, � 1 Motion carried 4:1 with McCulloch voting nay. j • • • • • • • • • • • • • PRESENT: Anderson, Kingrey,Fifield,Kruell, Retterath ABSENT: Garens,Upton Minutes - Fags, Rec. and approved natural Resources Co::_sission - 3 - Monday, August 15, 1977 V.B. 4. Develocnent Fronosals b. Edeaeate • Jessen spoke to the revised proposal and su.-rarized the background of the original proposal by the Fdina Builders. he explained that the major concern of the PR & NR Cocrc:ission would be the flood plain land, bikeway system, and internal play space. Minutes - Forks, ilea. end spproved lateral Resources Co;r_ission — 4 — Monday, August 15, 1977 I•r. howard Dahlgren, Consulting Planner, _poke to their concern in working with the neighbors, Corrai.ssi.ons and etc., and stressed that how the job was • done was important to them. lie explained that they had planned the Prairie Village Tall and had done much private work in the comaenity. He snake to the previous plan, which was totally rental units, and to the present proposal which he felt would address the concerns expressed regarding the previous plan. Dahlgren presented Attorney Jim Dorsey to briefly summarize the court action for the benefit of those who were not informed. langrey expressed opposition to this sumaarization, and felt it should not have any bearing on how the Co::_aissi.on stood. Jessen explained that there • were some implications on how we review the proposal. Fifield felt if the court case had bearing on the proposal and if it would be of any help in making a decision, the summary should be ride. Dahlgren stressed that the court case was not to be used as a back-up, but so that everyone would be informed, and they were in favor of starting fresh. • Attorney Jim Dorsey briefly sur:etrized the court action, and continued that the present proposal will call for 1005 ownership, staging over a three year • span, and the working out of the traffic problems with the City. • Dahlgren spoke to 113 acres running parallel to highway 301., proposing the development of 198 townhouses, two and three bedroom units for sale, at 050,000 to v(fJ,000 each. he continued that the homeowner Association would raintain the grounds and streets, and spoke to a partial construction of a portion of the planned parkway by the City and to the emergency access tc the Nest. he adtcd that a po. tion of the 400,ft.stPip.between the rear of the single familyhouses & town houses could be given to the residents for rear lot lines rather than a division. Dahlgren spoke to the flood plain land of 74.5 acres, part of which was wet lands and sore developable, which they would propose to the City and whi^h totaled 35% of the total. value of the total acres. he spoke to tennis courts and swhi ing pool, a trail cystc:a alon; Fur;atory Creek, end to a park in the northwest section. lie adled that an ndditk,_15.0:1 acres of land would be dedicated to the City throuch an ease-out, that runs along the :reek and to the plaground facility to the north. 2-0 • hinut.es - Parks, Rea. end approved Natural Resources Commission - 4 - Yonday, August 15, 1977 Kingrey questioned the traffic situation in relation to pedestrien and bike traffic - with Jessen explaining that trail system would be to the east of the parkway in the dedicated area and would tie together entire recreation area. Kingrey further questioned Dahlgren on placement and time of building of tennis courts and what other recreation would be provided for the residents. Dahlgren responded that the courts and pool would be in the center of the development, with maintenance by the homeowner Association, and a tot lot and play area mr the courts. Plantings and upkeep of landscaping was discussed, with Dahlgren explaining that this is included in the legal PUD agreement. Jessen added that reasonable main- tenance can be expected because thepwiing of bonds is required. Einutec - Paris, Rec. and 'approved Natural Resources Co::aission - 5 - Yorday, August 15, 1977 Jessen spoke to the five acre piece of land east of the parkway and asked Cors.issioners to consider how it relates to the Purgatory Creek Study or joint golf course Study of a rev years ago by Hopkins, lannetoeka, and Eden Prairie. He felt thin area, east of the parkway, would be undesir- able as a park and questioned development in the five acre area. Discussion took place on the proposed parkway, and concern was expressed with a high density parkway through the Purgatory Creek area, and the two crossings. Dahlgren explained that the crossings would be subject to the City Engineer's airoval, with the large crossing needing Dstershed District, Council and this Co=ission's approval., and would corme about as a public im- provement project designed by the City. Kingrey rea;nested that Jessen rake a recommendation based on information available on the five acre area, the possibility of the "cash park and trail system, and how the five acres fits in with the other recreational programs of the area. Kruell requested the density projection on the development for recreation uses. Dahlgren explained that townhouse units generate less density than the single family homes, and agreed to bring back numbers on the occupancy rates of two and three bedroom units, 1<hiTION: Krucll roved that the Edengate proposal be referred to the Staff for a report, and continue until the next:regular reeting, Kingrcy seconded, ldotion carried unanimously. • aev • 0 0 i MINUTES EDEN PRAIRIE PLANNING COMMISSION . approved Monday, August 8, 1977 7:30 PM City Hall C0ht'4ISSIONPRESENT: Chairman Sundstrom, Redpath, McCulloch, Lynch, Bearman, Rctterath COMISSION ABSENT: Schee STAFF PRESENT: Dick Putnam, Jean Johnson I. APPROVAL OF AGENDA Bearman moved, Redpath seconded, to approve the agenda as submitted. Motion carried unanimously. II. MINU'1'FS OF THE JULY 25, 1977 MEETINh P.3, 31P, spelling of showed. P.4, V., A., 5P, spelling of dedication Redpath moved, Lynch seconded, to approve the minutes as submitted and corrected. Motion carried 4:0:2 with Bearman and Rctterath abstaining. III. MEMBERS ri:PORTS A. Chairman none B. Others 1. Rctterath distributed 2 articles for the Commission's information. IV. PETITIONS AND REQUESTS ,PUBLIC HEARINGS: A. Ldcnpate, by Gerald B. Pautz and Pautz-Franklin Realty Co., request for PUD Development Plan approval and rezoning from Rural to RM 6.5 for 198 townhouses . The site is located north of Duck Lake Trail 1/4 mile cast of Ti! 101. Mr. Dahlgren, Iloward Dahlgren F Associates, stated they have met once with the neighborhood and another time with the Northwest Eden Prairie Steering Committee and are presenting the application from the standpoint of working with the neighborhood and City in beginning a process towards a solution. lle then introduced Mr. Jim Dorsey, attorney for the proponent. Mr. lorcry briefly reviewed the court suit over the past 2 years and handed-out "FINDINGS OF FACT CONCLUSIONS OF LAW ORDER FOR JUDGEMENT", File No. 7I9041 , for the Commission's information relative to detailed court happenings and findings. • Mr. Dahlgren stated they believe the land is zoned Planned Unit Development for • multiple and they arc attempting the hest possible use of the land as multiple. Mr. Dahlgren then presented slides and diagrams depicting past submissions and approvals , location of site, relation to roadway systems, surrounding developments, topography, unit layout , etc. Ile stated the present application is for 198 townhouses ( no rental, all to be sold), with a 400 foot buffer between the project and the single family to the west. (le stated the Steering Coi.rnittce has suggested the 400 foot buffer be measured from the single family rear lot lines and they concur and have revised the plan to reflect that idea. De added that it has been proposed to the single family lot owners contiguous to the project that the proponent is willing to deed over some Iand to (Iproved Planning Comacission Minutes -2- Aug. 8, 1977 • increase the lot depths, thereby increasing the distance between the project and the rear lot lines. He stated it seemed acceptable to the residents, but has not been formally agreed upon. Mr. Dahlgren informed the Commission a homeowner's association is envisioned to maintain the units, grounds, 2 tennis courts, pool and possibly the wetlands if the City does not accept dedication of the wetlands.• Mr. Dahlgren then outlined the following constructive ideas they received - from the Steering Committee: 1. 198 units appears reasonable. 2. Hill should be left intack. 3. No emergency access to Edengate through Tartan Curve. 4. 400 ' buffer should be measured from the single family rear lot lines. 5. No objection to the units being placed along the hill. 6. Duck Lake access to project as shown is acceptable, but should he moved further north after construction of the parkway. • 7. City should construct parkway. 8. Outside materials should he other than 4x8' plywood. 9. Exterior of buildings 'should include fireplaces. 10. Roof colors should he varied. lie. Dahlgren stated they concur with the 10 points, realizing of course they do not reflect all of the residents feelings. Mr. Dahlgren asked that the item he continued to the Commission's August 22nd meeting allowing the proponent to further work-out details. He added that they are willing to work further with the residents and supply any information they can . • Beaman inquired if the City Attorney concurs with the applicant's interpretation of the judge's findings. The planner replied the City Attorney will be submitting an opinion. Dennis Flagg , 6820 Park View Lane, asked if any plantings arc being proposed. 4r. Dahlgren replied the project will he landscaped as per City ordinance. tir.Cook , 6920 Park View Lane, asked how much the units would sell for and what School District they would he in. Mr . Dahlgren replied the units would sell in the mid-$50,000s and all of the project is within the Minnetonka School District. Mrs. Fritz , 6960 Ticonderoga Trail, inquired what type of road the proposed Dell Pond would he. The planner replied the road has been envisioned to have 100 ' right-of-way with 4 lanes of traffic. lle added that the Dell Road alignment would he evaluated during the Cuide Plan update process and urged those interested to attend and sul,mit comments and concerns. Mr. trait, 1St,00 Duck Like Trail, asked if an overlay of the Purgatory Creek area could be seen to view the project's location relative to the creek and its impact upon the creek. The planner believed such an overlay could be prepared by the next meeting. Mr. Gruell, 6780 Tartan Curve, stated more time would be appreciated so that the neighborhood could be better organized. He did not feel all the 10 points outlined by Mr. Dahlgren were correct. a- o� 0 • • • approved Planning Coauaission Minutes -3- August 8, 1977 Mr. Ilnderdahl, 6800 Park View Lane, asked if an environmental impact would be prepared . Dahlgren replied an Environmental Assessment Worksheet would he prepared for the City's approval. Mr. Cole, 7160 Park View Lane, felt a permanent solution to the Dell.Road/Valley View Road intersection should he achieved and inquired about the traffic studies on Duck Lake Trail. The planner replied a traffic study was conducted in September, 1976, and 1,000 trips were measured at Duck Lake Trail and "ill 101; and 2,000 trips at Duck lake Trail and Co. Rd. 4. Mr. Follese, 6800 Park View Lane, stated he feels Duck Lake Trail is an unsafe road and should he improved. Mrs. Nissen, 6721 Tartan Curve, stated her greatest concern is the traffic on Duck Lake Trail and at the intersection of Duck Lake Trail / Tartan Curve., pRo!ion_ e,ipatlt moved, Retterath seconded, to continue the public hearing on the POD Develop- r.rnt Stage regnr;t to the Aogost 2:nd meeting and direct the City staff aid City Attorney to prepare reports. Motion carried unanimously. HOWARD DAHLGREN ASSOCIATES .NCORPOPA,ED CONSULTING PLANNERS ONE O R O V E L A N O TERRACE MINNCAPOLIS,MINNESO,A 55403 6.Z•377 3936 January 17, 1978 • Honorable Mayor and City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Council Members: • In a letter dated January 13, 1978 to members of the City Council from Howard Dahlgren Associates, Inc., representatives for the Edengate development proponents, the developer confirmed the offer to delete 22 units which were located east of the proposed parkway thereby, reducing the total number of units to 176. You will recall that this offer was first made at the December 7, 1977 Council meeting, however, you may also recall that this offer is contingent upon a favorable vote for the total development. We would like to have it understood that this is the only condition under which the 22 units would be dropped and should a favorable vote be not granted, the developer stands on the plan prepared and dated July 17. 1977, which includes 198 units exclusive of the knoll development. We should also like to make clear that should the present proposal be rejected and the developer stands firm on the July, 1977 198 unit plan, that the five (±) acre site, identified as the knoll, would not be included in the total dedication to the City for parkland. Basis for this, of course, is the fact that plans reviewed by the • Parks, Recreation, and Natural Resource Commission do not include the five (+) acre knoll area in the total parkland dedication. The final point we wish for your consideration is with regard to possible purchase of the 118 acres by the City. The developer has has an appraisal firm do preliminary work toward an appraisal of the site. The present value of the 118 acres appears to be in the $700,000.00 range. We feel that this value figure may be important to the Council members in their consideration of purchasing the site. We wish to express our thanks for the time, interest, and cooperation extended to us during the review of this project. S i nc9e l y, HO RD DAHLGREN A S I116S, INC. Atiat-el iC Cyr/fit c v.. . • ward Dahlgren (� • `hsrnrrrsoti D��(J 11)16 Minnesota Department of Transportation • el , Transportation Transportation Building, St.Paul,MN 55155 tkco OF TIAT. January 18, 1978 phone 296-3008 Mr.. Chris Enyer City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 S.P. 2736 (T.H. 101) Plat Review of Ncstlebrook Located along the east side of T.H. 101 Approximately 300 to 650 feet north of Sandy !look Road in the south 360.72 feet of the S.W. 1/4 of the S.W. 1/4 of Section 6, Township 116 N., Range 22 West in the City of Eden Prairie, Hennepin County Dear Mr. Eager: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. Although this plat may seem somewhat insignificant com- parcd to other plats that have been previously approved in this area, it is of some concern to us that again there are lots plotted that depend entirely upon T.H. 101 for access. If every piece of land along T.H. 101 continues to develop in this manner, it will soon render the highway obsolete and will also severely limit the future options to provide a safe and efficient transportation sys • - tem through the area. Because it appears that T.N. 101 will be required to serve this area as its main transportation corridor, the city should carefully evaluate each and every plat abutting T.H. 101 so that future needs are not unnecessarily limited. We would suggest the city complete a transportation and access study to determine how this proposed plat fits into the future plan for the entire area. For example, how does this plat relate to the following: - Where will future access, via collector streets, be located on T.H. 101? - flow does this plat relate to the Edenyate plat? - Will it be necessary to widen or provide sidewalks, bu:, turn outs, bikeways, and other transportation related improvements, due to the increased develop- ,cent? Will there be sufficient right of way to accomplish this? Normally, we have been suggesting A n r:goal Op poi l..f:i l r'r'....rl?.y ' • Mr. Chris Enger • January 18, 1978 Page Two that the city require the developer to provide a minimum of 27' of additional right of way to plan for these future improvements. - Can direct access to T.H. 101 be eliminated? • - How will residential lots be affected by noise from T.H. 101 traffic? Based on our preliminary review of the plat, noise levels can be expected to exceed both State and Federal standards for residential land use. Alternative measures to design the proposed development such as building set backs, use of local topography or establish- ment of earth berms should be investigated. The Minnesota Department of Transportation policy is such that we will not proviue any type of noise attenuation devices along this type of a facility, or where new development takes place. There is available, as a reference on this subject, a mahuul which was prapared for the U.S. Department of Transportation entitled, "The Audible Landscape". Copies of this manual were distributed to all munici- palities in our district in January 1976. Copies are also available at our district office for review. We would encourage you to consider its content as an aid in planning this and other developments. • The developer has applied for an entrance permit to serve Lot 1, Block 1. Before Mn/DOT approves this permit, we would like to see the city address the above noted concerns. Your response, as well as any questions in regard to the above comments, should be directed to our District Layout, Research and Develop ment Engineer, Mr. J. S. Katz, at our District Office in Golden Valley. His telephone number is 545-3761, extension 150. Thank you for your cooperation in this matter. Sincerely, (`�- ` Wm. C. Merritt. Assistant. Commissioner Field Operations Division cc: John Boland - Metropolitan Council Gary Backer - Henn. Co. Surveyor's Office Mr. & Mrs. Edward J. Ltnizer WCM:mh 4 Riley- Purgatory Creek Watershed District 8950 COUNTY ROAD 44 P ...-. EDEN PRAIRIE,MINNESOTA 55343 • January 5, 1978 Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Nestlebrook Development Dear Mr. Enger: The engineering, advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District have reviewed the preliminary plans as submitted to the District by the City of Eden Prairie for the above referenced development. Since this .;ev^'^pment is within the floodpiain of Purgatory Creek, a detailed grading plan showing existing and proposed contours must be submitted to the District so the District can determine if any encroachment into the flood- plain meets District criteria. This plan should be submitted and reviewed by the District before preliminary plat approval is granted to the project by the City. The following policies and criteria of the Watershed District are also applicable to this project. The required information should be submitted to the District prior to final City approval. 1. A grading and land alteration permit application must be submitted for this project. A detailed erosion control plan showing how sediment will be prevented from leaving the site both during and after construction must accompany this permit application. 2. The District will require that a detailed storm sewer plan be submitted for review and approval. 3. It is District policy that all structures be set back a minimum distance of 100 feet from the centerline of the creek. • Mr. Chris Enger Page 2 January 5, 1978 • 4. The District notes that the majority of this project is within the conservancy zone outlined in the Purgatory Creek Corridor Study. The conflict between this development and the plan in that study should be resolved prior to City approval. If you have any questions regarding the District's policies and criteria applicable to this development, please contact us. Sincerely, Allan Gebhard BARR ENGINEERING CO. Engineer for the District AG/ps cc: Mr. Conrad Fiskness Mr. Frederick Richards • a�g • ct TC6 LAW OFFICES PERBIX. HARVEY. SIMONS & THORFINNSON A PROFESSIONAL ASSOCIATION 17 TENTH AVE.ROUTN • HO►KINS• MINN. G3s.445B W.HARLAN PERBIX MAILING ADDRESS: HOWARD E. HARVEV KEITH E.SIMONS P. O. BOX 100 ROSS THORFINNSON HOPKINS. MINNESOTA 05343 February 6, 1978 • Mr. Roger Ulstad, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Ulstad: Re: Flying Cloud Airport - Zoning Airport Environs (M.S. 360.061 - 360.074) The City Council at its January 17, 1978 meeting asked for an opinion as to the powers of the Metropolitan Airports Commissbn with regard to zoning property in the City of Eden Prairie adjacent to Flying Cloud field. We have reviewed the laws of the State :>f Minnesota and the Courts decisions and Attorney General's opinions that we deem pertinent therewith. Section 360.062 of the Minnesota Statutes as enacted in the Laws of 1945, Chapter 303, Section 25 provides as follows: "360.062 Hazards contrary to public interests It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared: (1) That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (2) that it is therefore necessary in the interest of the public health, public safely, and general welfare that the creation or establishment of airport hazards be prevented; and (3) that this should be accomplished to the extent legally possible, by exercise of the police power, without compensation. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein." • • .PERBIX. HARVEY. SIMONS &THORFINNSON. P.A. Mr. Roger Ulstad, City Manager Page 2 February 6, 1978 Section 260.063, Subdivision 3 as amended by the laws of 1976, Chapter 255 provides as follows: "Subd. 3. Joint airport zoning board. (1) Where an airport is owned or controlled by a municipality and any airport hazard area appertaining to such airport is located within the territorial limits of another county or munici- pality, the municipality owning or controlling the airport may request any county or municipality in which an airport hazard area is located: (a) To adopt and enforce airport zoning regulations for the area in question that conform to minimum standards prescribed by the commissioner pursuant to subdivision 4; or (b) To join in creating a joint airport zoning board pursuant to clause (2) of this subdivision. The owning or controlling municipality shall determine which of these actions it shall request. (2) Where an airport is owned-or controlled by a munici- pality and any airport hazard area appertaining to such air- port is located within the terIirnri.al limits of another county or municipality, the municipality owning or controlling the airport and the county or other municipality within which the airport hazard area is located may, by ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by subdivision 1 in the municipality within which such area is located. Each such joint board shall have as members two representatives appointed by the municipality owning or controlling the airport and two from the county or municipality, or in case more than one county or municipality is involved two from each county or municipality, in which the airport hazard is located, and in addition a chairman elected by a majority of the members so appointed. (3) Failure to act on request. If any county or municipality fails within 60 days to adopt, or thereafter fails to enforce, such zoning regulations or to join in creating a joint airport zoning board as requested by the owning or controlling municipality, pursuant to clause (1), the owning or controlling municipality, or a joint airport zoning hoard created without participation by all subdivisions in which airport hazard areas are located, may itself adopt, administer, and enforce airport zoning regulations for the airport hazard area in question. In the event of conflict between such regulations and any airport zoning regulations adopted by the county or municipality within which the airport hazard area is located, the regulations of the municipality owning or PERBIX, HARVEY. SIMONS & THORFINNSON. P.A. Mr. Roger Ulstad, City Manager Page 3 February 6, 1978 controlling the airport or the joint zoning board shall govern and prevail. (4) 'Owning or controlling municipality,' as used in this subdivision, includes: (a) A joint airport operating board created pursuant to section 360.042 that has been granted all the powers of a municipality in zoning matters under the agreement creating the board; (b) A joint airport operating board created pursuant to section 360.042 that has not been granted zoning powers under the agreement creating the board, provided that such a board shall not itself adopt zoning regulations nor shall any joint • airport zoning board created at its request adopt zoning regulations unless all municipalities that created the joint operating board join to create the joint zoning board; and (c) A metropolitan airports commission. (5) A metropolitan airports commission may request creation of one joint airport zoning board for each airport or for the entire system of airports operated under its authority." The Metropolitan Airports Commission as the owning or controlling munici- pality of Flying Cloud Airport has exercised its option under Subdivision 3, Subparagraph 1 of Section 360.063 to request the City of Eden Prairie to join in creating a joint airport zoning board pursuant to clause 2 of said Subd, 3. The Met:cpoli.tan Airports Commission has further advised you that if you fail to pass the resolution approving the joint zoning board as requested by their letter of January 5, 1978 received by the City of Eden Prairie on January 9, 1978 within 60 days, the Metropolitan Airports Commission may independently zone the areas surrounding the airport pursuant to Minn. Statute 360.063 Subd, 3(3). Said Section. 360.063 Subd. 3(3) empowers the owning or controlling munici- pality or a joint airport zoning board created without participation of all subdivisions in which airport hazard areas are located to adopt, administer and enforce airport zoning regulations for the airport hazard area in question. It further provides that in the event of conflict between such regulations and any airport zoning regulations adopted by the county or municipality within which the airport hazard area is located, the regulations of the municipality owning or controlling the airport or the joint zoning board shall govern and prevail. As provided in Section 360.063, Subd, 1, Subparagraph 2, the Metropolitan Airports Commission is given the power to regulate the location, size and use of buildings and the density of population in that portion of an airport hazard area under approach zones for a distance not to exceed two miles from the airport boundary and in other portions of an airport hazard area may regulate by land use zoning for a distance of not to exceed one mile from the airport boundary and by height restricriun zoning for a distance not to exceed one and one-half miles from the airport boundary. PriR©IX. HARVCY. SIMONS & THORFINNSON. P.A. Mr. Roger Ulstad, City Manager Page 4 February 6, 1978 In April of 1965 the Minnesota Supreme Court in Minneapolis - St. Paul Metropolitan Airports Commission, Appellant v. Lawrence E. McCabe, Commissioner of Aeronautics of Minnesota, Respondent, City of St. Paul, City of White Bear • Lake, Village of Maplewood, Village of North St. Paul, Town of White Bear, Village of Mounds View, Village of Shoreview, and Midwest Radio Television, Inc., Intervenors. Respondents, 271 Minn. 21, 135 N.W. 2d, 48 considered the constitutionality of Minnesota Statutes 360.063 as a result of an action brought by the Metropolitan Airports Commission to require the Commissioner of Aeronautics of the State of Minnesota under a declaratory judgment proceeding to consider and either approve or specifically object to certain zoning regulations proposed by the Metropolitan Airports Commission and submitted to the Commissioner of Aeronautics. The intervenor respondent intervened in the case questioning the power of the Metropolitan Airports Commission to adopt the zoning ordinances that they were proposing. The intervenors contended that the Metropolitan Airports Commission did not have authority to promulgate zoning regulations to control the vertical use of space lying within 25 miles of the city hall of either city of the first class. The Minnesota Supreme Court found that the Metropolitan Airports Commission did have that power but went on to determine that any proposed ordinance adopted by it pursuant to the provisions of Section 360.063 cannot deprive any person or property without just compensation and cannot represent an unreasonable exercise of the police power. In this connection the Minnesota Supreme Court cited the case of Jankovich v. Indiana Toll Road Comm., 379 U.S. 897, 85 Supreme Court 463, 13 L.Ed. 2d 439. The authority granted to the Metropolitan Airports Commission by the amendment of Section 360.063 by the Laws of 1976, Chapter 255 does not confer upon the Metropolitan Airports Commission any powers greater than those before tha Court at the time of its decision in the 1965 case. The amendment does provide a vehicle through which the adjoining municipalities can jointly participate with the Metropolitan Airports Commission in establishing zoning regulations on the affected lands. If the adjoining municipalities elect not to become uemhers of a joint board with the owning or controlling municipality, the statute then empowers the owning or controlling municipality to adopt zoning ordinances to zone the areas within their powers under the provisions of Section 360.063 of the Minnesota Statutes. Under the provisions of Section 360.063, Subdivision 3 as it existed prior to the amendment of 1976, the owning or controlling municipality together with the county in which the airport was located could by ordinance or resolution create a joint airport zoning board. In opinion of the Attorney General234-B, January 28, 1955 the Attorney General found that: "A joint airport zoning board created by county and village as authorized by subdivision 3 of Section 360.063 would be authorized to prescribe and adopt zoning regulations over airport lying partly within corporate limits of village and partly within township outside corporate limits of village." PEF BIX. HARVEY. SIMONS 6C THORFINNSON. P.A. Mr. Roger Ulstad, City Manager Page 5 February 6, 1978 The 1976 amendment of Subdivision 3 was designed to involve adjoining municipalities with the owning and controlling municipality in the joint zoning board that might be created rather than having a joint zoning board consisting of the county and the owning or controlling municipality which could then impose zoning ordinances upon adjoining municipalities without their involvement in the joint zoning board. Based upon the foregoing, we are of the opinion that the Metropolitan Airports Commission acted within its statutory powers in submitting to the City of Eden Prairie its letter of January 5, 1978. If the City of Eden Prairie elects not to pass the resolution proposed by the Metropolitan Airports Commission as attached to its letter of January 5, 1978, the Metropolitan Airports Commission would then have the power independently to zone the area surrounding the airport pursuant to Minnesota Statute 360.063, Subdivision 3(3). In our opinion that power would be limited to the following: "To regulate the location, size and use of buildings and the density of population in that portion of an airport hazard area under approach zones for a distance not to exceed two miles from the airporE boundary and in other portions of an airport hazard area may regulate by land ube aon*ng for a distance not tc exceed one mile from the airport boundary and by height restriction zoning for a distance not to exceed one and one-half miles from the airport boundary." Any ordinances which they might adoptcannot result in depriving any person of property without just compensation and cannot represent an unreasonable exercise of the police power of the Metropolitan Airports Commission. Very truly yours, PERBIX, HARVEY, SIMONS & THORFINNSON, P.A. R i Ro L. Thorf na RLT:jh i11. • Ea6197g • • Feb. 3, 1978 Mayor Wolfgang Penzel City Hall Eden Prairie, Minn. 55344 Dear Mr. Mayor, I wish to have my name placed before the City Council for appointment to one of the seats on the Planning Commission. I plan, to attend the Council meeting Tuesday, Feb. 7 and would be available at that time it the Council wished to ask any questions. keespectfully, Fred G. Baumann 10805 Valley View Road Eden Prairie, Minn. 55344 • • 1. • FEB1 1976 SOUTH HENNEPIN HUMAN SERVICES COUNCIL --- S C r�� _ Serving: ANNUAL MEETING Bloomington Eden Prairie Edina The Board o6 Directors o6 the South Hennepin Human Services Council. Richfield cotdinif y invites you to attend its Anna$ Meeting on Wednesday everting, Februaty 15, 1978. The meeting site be held in the auditorium o6 Creehside Centet toeated at 98th and Penn Avenue South in Btoomington. We view out Annual Meeting as an oppo tuni.ty to te6£ect on the activities 06 the past yeax and to project quit dixeetions Got the 6ontheoming yeat. We hope you wilt be ab£e to spate this spec.iat evening stth us and ash that you extend this invitation to your spouse and colleagues. James H. Anderson, Chai.tman Board o6 D.itectots DESSERT RECEPTION 6:45 p.m. AGENDA 7:30 p.m. I. Call to Order James H. Anduwon, Chairman II. Election of Officers III. Three Perspectives a. "Prospects for Decentralization" Comei ss.ioneA Riehaitd Keeme&, Hennepin County Board o6 Commissioners b. "A Municipal View of the South Hennepin Human Services Council" Wayne Butggnna64, City Manager City (Ili Rich6.i.efd c. "South Hennepin in Retrospect" Phillip J. Ri"veness, Executive Ditector IV. Recognition of Past Board Members V. Introduction of the New Chairman of the Board VI. Adjourn • 4801 Penn Avenue South • Ro0111 100 • - f0iooanington.Minneu.ota 65411 • (612)88B-5530 „..--- ••sow t,44,,ty sum •. 1 - I ..I 0 .../.. —• • ItanAlfort We •I' • . I. --.--100,yaw floud crodour :1 . piPj.20?/(Fr'irl..":..-i i. '.i \\...' \/e .- I..•. lc? . . ' .• • . I .f.. . • e t\...:.. , ---\ 1 , i• . 1--- .s. , Y I ' • • ..- • - ,$ .- •..4.: 1 -- • , C3 ,. : f.1:•!..:-..... --''''.: .i ......, . ' . '''''. ---.';'3--- -----..../1"...-1;1 - *** * ...- ,,-• - ...:_,...:...i..-7:-Lis!.....,......:_:;:,,,,,. . •,,)” -`-.;•::.t--;• E •;- ', • -:•r_ -- ••. '. ' • ., N., •:. 1 •..,.... , , 4 /' " . • '.' ' - • _.. ,..."........ • . I• ', ..,' : • '•."• \ -7-:.• f/ . ....'..'k, •y . . . • -...• •. . . , • . . i ) .;1 t ' • .,.7 -) !. • . ,,,s , ; ••• !•••••• ,4 • • 1 . 1 • . , '• . --- Y• s.: i• ' C ' ' • •'--' ( • •- -• . . •34 / .f.. • I ' ......./ ( •. ..', -1-3 s '.. (1, .. '. j . . „...N,,..:1: i . k: • 4 - . . . . .i 1 - 1 - -.'', • ' . • . • • • .. 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I ,i .$ •., r.,..,.. v, _..,5_•-... scaw:i ki iEi>I ., ...t duck lake trail sector 21 -..- . pue_,,,ato(y • . . • CrOOtt • , • Staff Report-Nestlebrook -2- Dec.2, 1977 The Shoreland Management Act of 1976 provides that natural streams be protected from pollution and to protect areas unsuitable for development; • to maintain a low density and high standards of quality for permitted development. The Purgatory Creek Study affirms, in accordance with the Shoreland Management Act, that the areas above the floodplain could • be developed as single family residential. The site is surrounded on the north and east sides by single family residential with duplexes directly north of the proposed duplexes of this plat. Highway 101 borders the site on the west and is also the western border of Eden Prairie. Across 101 to the west is single family residential in Chanhassen. To the south of the site is vacant, rural land which may be developed later as an extension of the cul-de-sac in the proposed plat. Farther to the south is Hidden Ponds, a single family residential development. Zoning Request The proponent has requested rezoning from Rural to RM 6.5 for 3 lots, and rezoning from Rural to RI-13.5 for 6 lots. Preliminary plat of only lot 1, Block 1 will be requested at this time. The following are provisions of District R1-13.5 and RM 6.5 respectively: RI-13.5 13,500 sq.ft. Maximum density of 2 lots I acre 30 ' front yard setback 10' 25' side yard setback; one side, both sides 20 ' rear yard setback RM 6.5 13,000 sq.ft. minimum lot size- 30 ' front yard setback 10' 25' side yard setback 20 ' rear yard setback 6500 sq.ft. site area / dwelling The duplex lots range in size from 15,050 sq.ft. to 16,1300 sq.ft. and average 15,983 sq.ft. The single family lots average 15,337 sq.ft. and range in size from 13,500 sq.ft. to 17,600 sq.ft. Trans_p ortation Access to the duplex lots fronting onto highway 101 will be gained from 101 as the duplexes are to the north of this project. The staff recognizes the problems with having 6 separate driveways fronting onto a road with 3000+ trips/day in a distance of about 300 feet and recommends that each duplex unit share a common access. .This would reduce the access points to 3 or 1 every 100 feet. The other possible solution would be to construct a private frontage road that the duplex units could gain driveway access from, reducing the access points onto 101 to one for all six units. N3 Staff Report-Nestlebrook -3- Dec. 2, 1977 • • The proponent should contact the Department of Transportation for driveway permits and further information on how the six units can gain access from TH 101. The single family lots gain access from a cul-de-sac extension from Tartan Curve. A temporary turn around should be constructed at the south peroperty line to permit the possible future development for the property to the south ( see figure Natural Features L4�HIC Soils • `1 HIC [IC Ha Itlb ' The soils are generally loamy to sandy loam HDCT. _— 2(/,,',) in the development areas and are well drained. 'm �iT� pm /The water table is at a•depth below 5 ' and usually below 10'. Extensive grading can cause $ ! e severe erosion on these soils because of the r• �( "`� HcoC high percentage of sand content therefore Hee 1l erosion control should be implemented as per "i cr? ��_ Riley Purgatory Creek Watershed District y. "' recommendations. These soils have fair \ �'�jI o �.�� SL bearing capacity and fair shear strength. a �...'C: i Fairly wide footings are recommended. �.o;l Cies - gpography, Vegetation The site consits of relatively low floodplain area with the development areas on both sides sloping up at a 2-12% . Building pad elevations should be 6-10 feet avove the floodplain contour, approximately the 892 level The northern border of the site which is contained in the floodplain, could be characterized as marshland. Vegetation on the site is made-up mostly of lowland species such as willow, dogwood, basswood, aspen and some hardwood species on the uplands. Utility Systems Sewer and water for the duplex units will come from lines running parallel to TH 101. The sewer line runs approximately along the back lot line while the water line is closer to the front lot lines. The utilities for the single family lots could come from extension of the lines under Tartan Curve if the elevations of building pads are high enough to accommodate the hook-ups. The other alternative would be to run extensions of the lines along TH 101 across the creek to the lots. A storm sewer is shown emptying from Tartan Curve into the creek. A sedimenta- tion pond will be required to settle out undesirable particles prior to entering into the creek per Watershed District recommendations. .q i )t.1 . \ / •'7 V 1,,.1'. I :i t'. %..\ . ..., 1/-,/ • \ u ice, / �t %� I ,\ -�, /- \ U \i \ Ir.-v.. i ..., ._ _...I . ,../..., / \ ; \ g 44 , ,- I.) A \ t• \ %SO\ ‘,1‘\ \\ c\n„6 t;i . A / J (I 3\;.. . .. ___............„.4- tc—r-- -- a ,i, . . :, ! , --, , -1 .. , ,,, v \ \ ,,,,, ,,,.-,, -------,,, i .,,,,,, , . . •.;,-.-7...----? / a I „ Clt;ii .: ,:� r o•..\ A.� -.ter o 1� i''4' ' • •'`'.' 'V '1.1C-..-L-7-'\'-\,7 ji 99 R\ , g ii!. .c=----- c;,,,%,..,,--•'•, 'V, . -\ "c-,...:i.' I 'N. .'i t•1 \•,-c \ C-: I] 3 ` . . 7:ay t� T N r \ ./ L. ? 4 . `. - 3 7 1 \ dos" ,Q\ `. \, JV;. .v;i:1'_� 4, 1 (7�I N I CO f— 1� I_T_ \_ \`r �.5//%� 1,1\I Iv�7 T>i7\1 1 t\ /f///' /i 1bgo q ....cd-v o 4 1,1,-- , -A=r,t. ,Iiiiil 1 ..--- 0 0 a , -- _: --�•`t- .� ��`✓ {{ -; -y-_,__.i1- t o —Y�.:� _/ —.1-----t`�, fi r s'.z ... _ oO i-`� 1- _: __— .•�> ,-..'n _...7.J_,-_,... >-, /- --_ approved Planning Commission Minutes Dec. 12, 1977 D. nestieorooK, request oy Mr. a Mrs. Lunzer. Request to preliminary plat 3 duplex and 6 single family lots and to rezone the property from Rural to RM 6.5 and R1-13.5 respectively. A public hearing. The project is located on 5 acres East of TH 101 and South of Maple Leaf Acres. Mr. Adolf Tessness, representing Mr. b Mrs. Lunzer(also present), presented the preliminary plat and zoning requests. He stated originally the Lunzer's desired to only plat and zone 1 lot along TH 101 so they could build a duplex for themselves, but the City Planner, Dick Putnam,suggested they outline platting and zoning plans for the entire 5 acres and access potentials for surrounding property. He then read the attached signed statement from adjacent property owner Mr. Dorf,6951 192 Avenue. He stated all lots are at or above lot size requirements of the ordinance;and deferred assessments , until final plat, have been discussed with the Engineering Department. He added he and the Lunzer's believe the 1.4 acres to be dedicated suffice for parkland and the plat should not be subject to cash in lieu of land. The planner reviewed location of the plat in relation to Maple Leaf Acres and stated the 1968 Guide Plan depicts the area as single family detached. He stated approval of the plat should be contingent upon Highway Department access approval, and that the 1.4 acres being platted are located within the floodplain area a:.d does not meet the requirements of neighborhood parkland, and therefore the land should be dedicated and the cash park fee required as per the staff report and Ord. 332. He informed the Commission the staff has not yet received recommendations from the Watershed District on this plat request. Mr. Tessness stated the proponents do not wish to try to serve the 3 duplex lots with one frontage road. He added they have already applied for 1 additional access from the Highway Department. Sundstrom asked if anyone in the audience had questions or comments. Mrs. Irvine, 1893D Lotus View Drive, stated she is not opposed to the single family plat but is opposed to the density proposed, approximately 2.4 units/acre. She added the Maple Leaf Acres plat, single family and duplexes , had to have an overall density of less than two units per acre. Mr. Irvine opposed the small size of the duplex lots, approximately 15,000 square feet, as the duplexes to the north are all above 20,0D0 square feet. Sundstrom asked if the proponents would be willing to serve duplex lots 2 and 3- with one driveway. Mrs. Lunzer replied affirmative. Motion is Redpath moved, Dearman seconded, to close the public hearing. Motion carried unanimously. ac/ approved Manning Commission Minutes -5- Dec. 12, 1977 Motion 2: Redpath moved, Bearman seconded, to recommend to the City Council rezoning from Rural to RM 6.5 for 3 duplex lots and from Rural to R1-13.5 for six single family • detached lots as outlined in the Nestlebrook Plat contingent . upon the staff report dated Dec. 6, 1977. Motion carried unanimously. Motion 3: Redpath moved, Bearman seconded, to recommend to the City Council approval of the Nestlebrook preliminary plat dated Dec. 12, 1977, contingent upon the staff report of Dec. 6, 1977 and that only 1 additional driveway to TH 101 be approved . Motion carried unanimously. VI. OLD BUSINESS none VII. NEW BUSINESS none VIII. PLANNER'S REPORT none / IX. ADJOURNMENT Bearman moved, McCulloch seconded, to • ourn the meet • • 10: • PM. OMotion carried unanimously. / / i,/j : REMINDER---- NO MEETING D EMB,E 2 , 'I r' NEXT MEETIN AN./ 8 Iliii2 / , 0 Re.sec ►' ub i�tted, h? ohm •n Ir' • 4 ag$ REZONING AGREEMENT • THIS AGREEMENT, made and entered into in triplicate this day of , 1977, by and between THE PRESERVE, a co-partnership consisting of Carter & Gertz, Inc., a Minnesota corporation and the Minnesota Gas Company, a Delaware corporation, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a Municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has requested the City to change zoning from Rural to R1-13.5 for development of land more fully described in Exhibit "A" attached hereto and made a part hereof and which is identified as "GARRISON FOREST SECOND ADDITION", and WHEREAS, Owner agrees to develop the aforementioned property in consideration of the City's changing of the zoning; and Owner • further agrees that as a part of said consideration, it will lay • out, develop and maintain said project as hereinafter set forth. NOW, THEREFORE, THIS AGREEMENT WITNESSETH, that for and in consideration of the Mayor and the City Council of the City adopting an Ordinance changing the zoning from Rural to R1-13.5, the Owner agrees to construction on said property in accordance with the planning, architectural, engineering and landscaping re- quirements of all City Ordinances and will rubmit devdlopment- stage rezoning plans to the City, subject to the following conditions: 1. That the Garrison Forest Second Plat be developed into 35 single family detached lots. (Exhibit B). 2. That the Owners shall provide right-of-way, sixty(60) feet in width adjacent to and along the southerly side of Anderson Lakes Parkwaytmnot cost and expense to the City, subject to the right of forfeiture in the event said property is not used for municipal road purposes. 3. That the following variances be applicable to the plat: 5' garage to side lot line. 10' 1-11 story house to side lot line. 15' 2 story house to side lot line. 30' front of building to front lot line. 20' rear of house to rear lot line. 20' side yard setback for houses built on corner lots but not conflicting with 30 foot setbacks on adjacent lots. 50' minimum from any building line on MSA County or State highways. 4. That a pedestrian trail he constricted in the area designated Outic.. A. The trail should be asphalt and be consistent with The Preserve trail standards. Said trail shall he available for public access. 5. That the vacant land lying Northeasterly of the plat he identified by posted sign at least sixteen square feet in size for the benefit of the general public, that its ultimate use may be that of or other than residential. 6. That if the remaining area lying to the Northeast of this property and hounded by Anderson Lakes Parkway on the North and County Road 18, is not developed as single family, detached, residences, that a buffer as approved by the City be provided between such use and the plat involved herein, hut not upon the plat. 7. In the event that it is the Coumcil's policy to impose a park cash fee • on the land identified as Exhibit "A", which is currently under consideration of the Council, that The PRESERVE will pay the same in accordance with the present ordinances of the City relating to park cash fee payments. The foregoing covenant shall not be construed to prohibit the PRESERVE from vigorously opposing such policy before the Council nor shall it be construed as an agreement to pay such a cash fee with respect to any other land originally within the PRESERVE PUD approved by Resolution 360A. -2- 6. That the City Engineer's Report be complied with and that all sanitary sewer, watermain and storm sewer facilities, concrete curb and gutter and bituminous surfacing whether to be public or private, shall be designed to City Standards by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The developer, through his engineer, shall provide for competent daily inspection of all street and utility construction, both public and private. As-built drawings with service and valve ties on reproducible mylar and certificates of completion and compliance with specifications shall also be delivered to the City Engineer. The developer also agrees to pay all fees for City Engineering and administrative services consistent with current City requirements. FURTHER CITY AND PROPERTY OWNERS AGREE: 1. That the property owners shall comply with all applicable rules, regulations, ordinances and laws of the City of Eden Prairie. 2. That the provisions of this Agreement shall be binding upon and enforceable against Owner, its successors and assigns of the property herein escribed. 3. That an executed copy of this Agreement shall be re- corded with the Registrar of Deeds, Hennepin County, Minnesota. 4. That if Owner fails to proceed in accordance with this Agreement within twenty-four (24) months from the date hereof, Owner, for itself, its successors and assigns agrees that it will not oppose the rezoning of said property back to its Rural Zoning. -3- IN WITNESS WHEREOF, the parties to this agreement have caused these presents to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a Municipal Corporation of the State of Minnesota By: (SEAL) Wolfgang Penzel, its Mayor Roger Ulstad, Its Manager CARTER & GERTZ' INC., a Minnesota corporation Ey, / /' ✓ MINNESOTA CAS COMPANY, a Delaware corporation Its STATE OF MINNESOTA ) ( se. COUNTY OF IIENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1977, by Wolfga:g Penzel, the Mayor and by Roger Ulstad, the City Manager of the City of Eden Prairie, a Minnesota municipal corfc'ation on behalf of the corporation. Notary Public • • -4- J 1 • STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1977, by the _' of CARTER & GERTZ, INC., a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me-,,this day of , 1977, by c,....;z ( %:— r i._-- the :_- .v__,._<,.. r , and by `'1 ci >., . . the 1-- - e ,: •7 , , of the Minnesota Gas Company, a Delaware corporation, on bp#Talf of the corporation. j. i/ tfotary Public XA.AAAMAU AAAAAX ,: JUNE N.DeLIBERA ,,,.., NOIA41 waU, C CD11NESOTA , J HENNEPIN COUNTY M Corenest on Epees Dec.28,1983 ?^IYYYYY►rift YYYYV7YY YTTYYTYTYYYYYYX • { 363 s Oct. 12, lJ// That part of the East Half of the Southeast Quarter of Section 24, Township 116, Range 22, described as follows: Commencing at the southwest corner of said East Half; thence North 89 degrees 43 minutes 59 seconds East, assumed basis for hearings along the south line of said East Half, 350.26 feet; thence North 02 degrees 50 minutes 46 seconds East, 184.95 feet to the point of beginning; thence South 88 degrees 28 minutes • 28 seconds East, 309.99 feet to a point distant 648.00 feet westerly from the east line of said East Half, as measured E. parallel with the south line of said East Half; thence North 01 degrees 07 minutes 41 seconds West, parallel with the east line of said East Half, 30.00 feet; thence North 89 degrees • 43 minutes 59 seconds East, parallel with the south line of said East Half, 410.00 feet; thence North 01 degrees 07 minutes 55 seconds West, parallel with the east line of said East Half, t 410.00 feet; thence North 89 degrees 43 minutes 59 seconds East, parallel with the south line of said East Half, 238.00 feet, to the east line of said East Half of the Southeast Quarter; thence North 01 degrees 07 minutes 55 seconds West, along the • east line of said East Half of the Southeast Quarter, 687.80 feet, to a point distant 1329.73 feet south of the northeast corner at said East Half of the Southeast Quarter; thence North 84 degrees 53 minutes West), 443.90 feet; thence South 76 degrees 55 minutes 05 seconds West (cited in deed as South 78 degreec 3 minutes West), 720.73 feet; thence South 07 degrees 43 minutes 19 seconds East, 627.92 feet; thence South 26 degrees 36 minutes 04 seconds East, 290.89 feet; thence South 02 degrees 50 minutes 46 seconds East, 107.89 feet to the point of beginning. • • Exhibit "A" • • • 36L . . . . . • , — . • : , . . N . k ..• ' • 1 • : :....„:: :: 0 0 f:, • a • • s.ie ? t••- % ...--- . t... -.....:.Z;'%4 . 1 % 1 • . I, . I 1 . • 1 . Li ,.„ b-; a:A, .. . .. — —".:;ji.,• ' 47 t.t,veio:. .. .,yz.r. i . , , .• , ‘.) .4.-' - -*- - -'---- ,. ,...a£,Ttft.l.':', • ..., __.4.z,v_r_n0.2_ :::... —,... .://At,.....„..„ r::1. ‘t. 1.... • 1 1 I ";••• ,............- i : ; C.4 • 1.t. ( PI,.. ....; . t ; • P f ,k AtItO.APY I: 44 I-• .1' " ' : 4';. ' • NI: 4 It' . . 1 k 4/' -; '4f1'. ti I: 3-... a V)A: . '''., .. :3.-'?. •N '#;:,- 1••••ti' 4,..... . - t,t,i I, qh...... - 1. • . :,. --...i.:7.,.,--..:,..., c.:: . ,....c \ c. „. . - - , ..;,!,..,....N. ,--,, iNt:•1:-. . 1 7.2...,,,I=:: • 1 . NJ ''..11 i I. ; ,;; .•-',..;',. ...;'..., I.! f'1%'' t -•f'..x.P.• • ..:•,.. •••4 , 'kJ i, 1 ' • .- %,7:::-- ,,e''': •i‘;',.!;:. ,;'„, : ; 'il : ....:, I • j .. •• ...,. 3.t. -,,,,..„ .... . tszi 7,7...i. 1.. •...1... ‘•,.... vi..t .„.....: :' ."-- It..: „„. a.0.. ..,.. ik.. ,.„ ) i I , k \ \;,,-.. '':.:. ',;!" ',..,,,,,,,,.... .4.1.. I C t' ....q. Ote'"..., .1',.."'"•_e 7 f C S-- . - ....,...;• 'N. ' ‘. ,... N''''''.' I. • In, . \ Vi. ',...„.•.. e:, „.., .z.‘ .ir ., . , :.1... .!., .. .....- .„.4:' `44.1 \ .- ""f• -- ,s, :„,'';...;1 ",il''':-...-: , .27',-;'-,-,;',-i- ,.__ 4••_.1 - , lk,.. k,' ...., s...1-1'--j.7, ,..,•.:::..': -;.:_.': •:::4,--7----„•.- '-..,..:s7.,,74....,,. ,-.01' -..-7 '., ,,,..Y .!_i : ,.\) k-ly-..,.v'e'4".'''.:'.." 7,-- , .•-,--.::4•7.e,.:1-'4'.1.' IV.r7'E '"''' :4;-- i i. : 4.. :.. 1-_,A1, ,..-0::. , ..j..1..,,:,1•:..:;J.:4%• ‘‘,ii•I'..-.?"...;,-, •••••..I: :/:".'z.: .. *.t*.: ,., ...,-,-1-....-- ,,-=:fl•1.;- •:,- - .- 1••'"0.10' 'Vs..' K:::'' 't -.':'‘‘ I -: I , ..,2_,,,___4_(,-.«...-7.,;01, ,.._-.:!..!,•.„4..,...,,,,,. , 4.4,..1 s ... \4, ,,... ,,, .. ..:,:-,1Z"4",:r.';/!:PI >,) ,.;,., :.. 3 "...-• %,,...,-,..-..*.,,, • t „Iv.,.....v.,. o ..„1:',Z,..,,;''''','"' 1 , I --) .\`-:;1,1''' '.., ..7' .'"'•1 0..-- -,..,,;';. LI t.1; '.'7...t:i-1•,,,-, ..,• ,,,,2" ..., . 0: .1., ...- i..• - „.,.• ,.- . • 1 f , i . -. / .., I 1„• ‘..K •• - ' ' "'„,,,, ,‘,.•..,,, ';1I \• . t'!" , l's/ t ..,,,•, ,4 . • I:: • ..: ,... . ,...: .. 42 'i • • . 1 1 : . i ; I • . ...1 1 .,--- 30-> ill 1 Garrison Forest, Second Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 77-33 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 Ordinace No. 135 is amended by adding to Section 24, Township 116, Range 22 as follows: ( See Attached Exhibit A) which property shall be and hereby is removed from Rural Zone and shall be included hereafter in R1-13.5 Zone. Section 2. The above described property shall be subject to the terms and conditions of that certain rezoning agreement dated , 1977, entered into between the Preserve and the City of Eden Prairie, which agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City relating to such R1-13.5 Zones. Section 3. This Ordinance becomes effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this 4th , day of October 1977, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1977. its Garrison Forest, Second Addition Ordinance No. Mayor ATTEST: • • John D. Frane, City Clerk Published in the Eden Prairie News on the , day of , 1977. •S 2- 3(0 Oct. 12, 1977 That part of the East Half of the Southeast Quarter of Section 24, Township 116, Range 22, deecribed as follows: Commencing at the southwest corner of said East Half; thence Borth 89 degrees 43 minutes 59 seconds East, assumed basis for bearingn along the south .line of said East Half, 350.26 feet; thence forth 02 degrees 50 minutes 46 seconds East, 184.95 feet to the point of beginning; thence South 88 degrees 28 minutes 28 seconds East, 309.99 feet to a point distant 648.00 feet westerly from the cast line of said East Half, as measured parallel with the south line of said East Half; thewitncehe Fortht 01 degrees 07 minutes 41 seconds West, parallel lino of said East Half, 30.00 feet; thence Forth 09 degrees • 43 minutes 59 seconds East.. parallel with the south line of said East Half, 410.00 feet; thence North 01 degrees 07 minutes 55 neconds West, parallel with the east line of said East Half, 410.00 feet; thence Forth 89 degrees 43 minutes 59 seconds East, parallel with the south line of said East Iialf, 238.00 feet, to the east line of said East Half of the Southeast Quarter; thence Forth 01 degrees 07 minutes 55 seconds West, along the east line of maid East Half of the Southeast Quarter, 687.80 feet, to a point distant 1329.73 feet south of the northeast corner at said East Half of the Southeast Quarter; thence Forth C4 degrees 53 minutes West), 443.90 feet; thence South 76 degrees 55 minutes 05 scconds best (cited in deed an South 73 degrees 3 minutes West), i20.73 feet; thence South 07 degrees 43 minutes 19 seconds East, 627.92 feet; thence South 26 degrees 36 minutes 04 seconds Bast, 290.88 feet; thence South 02 degrees 50 minutes 46 seconds East, 107.88 feet to the point of beginning. • Exhibit "A" 36$ • MEMO TO: Roger Ulstad, City Manager FROM: Chris Enger, Planning Director DATE: •Feb. 2, 1978 POSSIBLE GUIDE PLAN REVIEW DATES COMMISSION DATE Planning Commission February 13 or 27th Parks, Recreation and Natural Resources Commission Feb. 20th is a legal holiday and date set for hazardous waste site heariny. On Feb. 6th the commission will decide whether or not to schedule another. Their first meeting in March is scheduled for a public hearing on Purgatory Creek, leaving the earliest date so far for review of the Guide Plan March 20th. Human Rights Commission Special meeting is planned for Wed., Feb. 22nd. Based upon this schedule, I would anticipate the end of March before recommen- dations on the Guide Plan would come back to the Council for referral to the Metro Council. In addition, depending upon changes, I would expect about a two week time period in March for the staff and consultant getting the revisions in order to submit to the Metro Council. This would put us some where toward the end of March before submittal to Metro Council. CE:jj 309 • MEMORANDUM TO: Mayor and City Council 'AMU: Roger K. Ulstad, City Manager FROM: Sandra F. Werts, Acting Director of Community Services SUBJECT: Bublitz Appraisal DATE: January 20, 1978 The City Council, on recommendation from the Parks, Recreation and Natural Resources Commission, authorized an appraisal on property owned by Jim and Audrey Bublitz along Purgatory Creek. The Bublitz property, 31.65 acres, is the final piece of land to be acquired in the Lower Purgatory Creek area. It is located on the west side of Co. Road 18, south of Bluff Road and north of Riverview Road. (Sec attached map) The property is also located within the conservancy area as delineated in the Purgatory Creek Study. The appraisers estimated market value for this parcel is 8326,000. At their January 16, 1978 meeting, the Parks, Recreation and Natural Resources Commission moved that the City enter into a 3 year option agreement with the Cublitz's to acquire their property. The City has entered into 3 year option agreements with Hustad's and brown's tor acquisition of their property in the Lower Purgatory Creek Sector. SFW:md i 1l} m . 9 ,..1 ‘ 1-; ° 1....f,.....:::::.- --:..'..),,..1.k...-,.•?-•^-11-1-: 1- •''''''''' -N g_ s . ii. 0 : x i s s s 8 . '• - '' - t, •,,,,,-,„ : .,,,),,..„1 f•P • 1.4 ..., 1.i g t .Yst ' •. % • / --.' ' . .. '. -...... ' --.._e•-• •v.t.iv "..1...... - • • • , . Al; %'.," • ( i' ...N. -4•••.1... 1:;• . • " •t. , 1 . . '.›,, . t 1.• .1; ': ',..C," ,.\ .•••• ,•-' ;';' -='1`—.4 s - •—,_ , , 4 . •• , ), 1. -iii,',' t• . \--) i ;..! ..1.:.. ;""-'1.--17 ,I , 'Iv.1.-.• A - ? :• f _ ., .•,..,..,,_............._,,,.__ ,t., , _all ...„....,_10.-----.,„;.•1, ....... r •,. ..•.,..,....,.,,..,,, , ..•.\x ,i,71 \„,. ___/ ' -‘,...t z. \\•\,..,... ,..,-,, „......- •..,...,::. , , -\ •••-•, .-• tec-- ;; ' -r'--• 4 t--71.,,,:; i ,. 4,. i. .\,,s( ' k jly,„„,<,,.(" i-- , --4. 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' 0 ..v 0 I r) I w I -7-,---Tig_ IT I ca l 'n Ii" I . ...• • .10 • / • '— . • . ... MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 3, 1978 SUBJECT: 1978 Engineering Services As directed by the Council on January 17, 1978, we have made a review of proposals from additional consulting engineering firms which would • be available for service to Eden Prairie during 1978. The firms re • - viewed in addition to Rieke Carroll Muller Associates were Schoell and Madsen, Inc., of Hopkins, and Bather, Ringrose, Wolsfeld, Inc., Edina. Each of these firms has a general reputation for good work and their offices are located close to Eden Prairie. The BRW firm has excellent expertise in the area of transportation planning, which certainly could be helpful in addressing the City's many transportation needs for the future. They also have considerable experience in the design of new subdivisions including utility and street plans and specifications. Their proposed fee schedule appears to be very competitive and utilizes a multiplier of only 2.5 times ac- tual salaries. Since BRW does extensive work in planning and design for the Preserve, it probably would be necessary to use a different consultant for any City projects directly affecting. the Preserve. Schoell and Madsen firm is very capable in the area of sewer and water design and were involved extensively in the planning and engineering for the old Southwest Sanitary Sewer District. They are the primary consultants for the City of Minnetonka and do municipal work in several communities. Their fee schedule indicates rates somewhat lower than those of RCM on the hourly basis. However, being relatively unfamiliar with Eden Prairie, they would probably require more hours on individual projects, at least during their first year of work. RCM Associates have been the City's primary engineering consultants for the past several years. They prepared the City's Comprehensive Sanitary Sewer plan in 1969 and since then have been involved in numer- ous sewer and water lateral projects throughout the City. We have found the RCM staff to be competent, accomodating and willing to accept direction and make changes when requested. Their "as built" records have proved to be accurate, except for a few isolated cases where human error was evident. RCM is a multi disciplined firm having Civil Engin- eers, surveyors, planners, architects, electrical and mechanical engin- eers and technicians. Because of its relatively high overhead costs, the RCM staff says the firm cannot lower its fee schedule below 2.83 times actual salaries. 31� - 2 - When questioned about the City's concern regarding trench settlement in several areas, the RCM staff responded that these settlements oc- curred in areas where work was done during the late fall of 1972. The weather was extremely wet during this period and construction areas often turned into "quagmires." RCM was instructed by the City Manager at that time to keep costs down and to minimize, if not elimi- nate, the use of crushed rock or granular materials for backfilling • in these areas of extensively wet conditions. Thus, settlements were almost predetermined to happen. With the exception of a few leaking water services, there have been no failures of sewer and water pipes installed under RCM's supervision. As a recommendation in this matter, and assuming that the Council de- sires to make a change, we would suggest that the firm of BRW, Inc., be retained by the City for services on all street and transportation related improvement projects and studies. Also, this firm could be used on sewer and water projects in certain areas. RCM Associates could be retained for utility projects in those areas where their previous studies and engineering design and surveys would result in savings in engineering fees. The City Council, in its resolution or- dering feasibility studies, would continue to have the opportunity to confirm the selection of either BRW or RCM on individual projects. CJJ:kh • 343 • February 7, 1978 CITY DF EDEN PRAIRIE HENNEPIN COUNTY. MINNESOTA RESOLUTION NO. 78-29 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT ON IMPROVEMENTS ( I.C. 51-320) WHEREAS, Petitions have been received and it is proposed to make the following improvements. I.C. 51-320. Utility. improvements on Eden Road to serve the AMOCO site and surrounding properties • and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL That the proposed improvements be referred to the City Engineer for study with the assistance of the City's Consulting Engineer and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Coun- cil in a preliminary way as to the scope. cost, assessment and feasibility of the proposed improve- ments. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 3114 • • CITY OF EDEN PRAIIIE, MINNESOTTA • • PETITION FOE LOCH. IMPROVEMENT 4b The Eden Prairie City Council: The undersigned property ownars herein petition the Eden Prairie City • Council to consider making the following described improvements(s): (General Location) Sanitary Sewer Watermain Storm Sewer. —_ • • -_ Street Paving • Other • Street Address or Other. Legal Description of Names of Petitioners Propertc he Serveu (Must Be Property Owners) 9 /c 9 cze,„ ZC/�Cyr` . . -cf..— .13-Z.:.4. l G764 /77f y f-•GG' h�lti •�Nic, ��/.�!*iI..Cl/N� eu-r ,P0 • Ctu�� (For City use) • • Date Received • Project No. • __ Council Consideration _,-_ • L A I E _ I ' • -1C 1 } W ui 6 / 11 /. • o ..... --,-"Zr.— ; N a '6/ �y %; I,. 20 . N0. 1r895�.. � � _ p ,pJ _ ` • 7,,g01G �_ \�� 4• p4-'1.47 J 4, 1$7 GO Q b —.,-310 4a L17,' ' C 1 .n b� N r,e,. ,.1. `3 w SCALE ,is \✓ NI cii ____.__.___--—' -- ./. 7.,7I,sc.__rt..,_ R. Zry 1, Port of Lot 18 Wst, , ' `N J- trc cc ( 2/7) 67F.32 EOs, i ."n / zcc — o R. L. S. ' ;_�" o. � , i2 I• ,--"E" p _ ..., , — , ,., A 0, ?CC © Q O N N0 •:, o o . b Ov A A " 2 d::,.�3 ,,A.:,,;`i. �•'- ,,tt 4�- • til E :2,1 o c''.. > . r -(f_ LC: :.561-'--i4'.11 a.`. !Fc 1. �A�6�' A. f 53 ;..r.�9'V v pa. . , ti I'+49 N. �, '';. W_ _ 1 t 1 ..,• Yk� UJ • ' - e ill *. °/t/ ' z RPS. `a , . ,I w � I6 - �U,' CENTE' •: ", i;•„�0 ,P, .`\a°"/ ,,1. -t— Fo, ' 4\1 %i /4 `t) / I t'' February 7, 1978 CITY OF EDEN PRAIRIE HENNEPIN CDUNTY, MINNESOTA RESDLUTION NO. 78-30 RESDLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPDRT ON IMPROVEMENTS ( I.C. 51-321) WHEREAS, petitions have been received and it is proposed to make the following improvements; . I.C. 51-321, Street improvements on Lotus View Drive east of T.H. 101 and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A 429.D11 to 429.111. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: That the proposed improvements be referred to the City Engineer fur st:dy with the assistance of the City's Consulting Engineer and that a feasibility report shall be prepared and pre- sented to the City Council with all conveneint speed, advising the Council in a preliminary way _. as to the scope, cost, assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 31') • • • • CITY OF EDEN PRAIRIE, MINNESOTA • PETITION FOR LOCAL IMPROVEMENT • To The Eden Prairie City Council: • ' • • • The undersigned property owners herein petition the Eden Prairie City • • Council to consider making the following described improvements(s): (General Location) • Sanitary Sewer • Watermain • Storm Sewer • k. Street Paving //- 7(,-, L! F.- 12�• Other • • Street Address or Other • Legal Description of Names of Petitioners Properly to he Served (Must Be Property Owners) • • L e t•) l/r i/ /24 //a171 /��•< <_>� • • --- G• • • • • • • (For City Use) • Date Received • • Project No. Council Consideration . t• .•n. -....__.. •- 0.: 1.1.1 n'• V L •_ •. ....... . ,.. , , 1. 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''V` 21 m° 22 v m o ' • c/ s , 10 'v''rs p °��o 128 Al �"o .; 1r' -O • m. 30 ro '' 2 • • q' e ' �'0 20";y w� N'' (44t'l 0 7 "' �bJ - 14�; _tu .23m `' 14954 +13690 p 11 0 ' 19 �• t�9 1,S 1 m a, ii 6 0. 30, __37jj__' p �•31D8 °v' w u,- /4909;^, S6_ . 24 _7:497 'a 12 n�,"' 18 n 28 '« a_n 9 ^�u ('� 13• �9'�D wo";^.,y,,,� _,,:riti4<vo,yj8 •aw .� Y075 • d y w •',5 c;1 I' i� h c, in:,.i3 -17:“..`- - o.i`-'956. 27 a ....'a. 1.ec5 414 is88-„., �o I7 �� 9 S ?o' _F i•• '- c 1 ; 4 m ni1-5" 6� ;y . , -'''` D'• r743- ' g•g Z 14 r IF 63''i'• 2�3a 48• , R�3.138 i . r. '_j492' ' is 3r4;- ,`' 535• is s1 rot a: `3 6'31 v J 63 yy MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 3, 1978 SUBJECT: Street Lighting Policy As a follow up to our memo of January 12, 1978, and Council discussion on January 17, we have surveyed some other suburban communities regarding their street lighting policies. The results are listed as follows: Apple Valley In new subdivisions the developer pays for installation and owner- ship of lights at 35D' spacing. The City takes over the ownership and maintenance at time of completion of the system. The City bills each homeowner in that subdivision approximately $1.00 per quarter. Bloomington The City pays for all street lighting, except in new subdivisions the City requires payment from the developer for the first three years of operation costs. Burnsville Burnsville does not require street lighting, however the City does encourage the developer to install lighting. The City owns and operates this type of lighting but does not presently bill the homeowner. They are not happy with ownership and maintenance of lights and are studying the problem and expect to change in the near future. Chanhassen Developer must pay cost, if any, for installation of power company owned system and two years operation and maintenance costs or until 50% of the homes are sold. City pays all other costs but they are seriously considering an assessment or quarterly billing. Edina City owns and maintains all street lights and does not bill any residents. Sao - 2 - Merle Grove The City mailed out a public hearing notice about four years ago with homestead cards, explaining the street lighting and billing policy. The City pays costs for all street lighting on major streets. The City started quarterly billing for sewer and water for $2.00 per quarter per home about three years ago and now, by City resolution, has increased this to $2.30 per quarter on all power company owned lighting systems at 350' spacing. All exist- • ing subdivisions which want more adquate street lighting must petition for same. Public hearings, assessment for cost and future billing for interior systems is their method and seems to be satisfactory. Developer signs a waiver of public hearings. Minnetonka In 1978, the City has budgeted for 20 new lights to be installed throughout the. City. In new subdivisions where underground wiring lights are installed the City bills, with sewer and water, $5.50 per quarter per home. They have an ordinance which covers this policy. Plymouth The City is paying for all existing overhead type lighting. In new subdivisions where the developer chooses to have power company owned lights installed, all cost of maintenance is assessed to those new areas on an annual assessment hearing. Some are being assessed as high as $24.55 per year. The assessment method is a problem with the hearings, notices, etc., and they recommend against this method. Richfield • City owns and maintains all street lights and does not bill any • residents. Thus .it appears that there are a variety of methods for handling street lighting costs in the Metro area. Those communities which own their street lights, as opposed to to the annual lease arrangement as Eden Prairie has, find maintenance costs and associated problems to be very troublesome and they do not recommend that procedure. Presently in Eden Prairie there are 342 street lights in place and there are an additional 122 on order to be installed this year in several new subdivisions. The estimated cost to the City for I978 will be $37,000 less approximately $12,000 from cash deposits by developers, leaving a net cost of $25,000. Approximately 250 additional street lights would be needed to provide a fairly complete street lighting system for all existing subdivisions. - 3 - On January 20, we met with Mrs. Gilbertson and two of her neighbors in the Kings Forest area to discuss their recent petition for street lighting. They requested that the City consider not charging their neighborhood for street lighting because of their lost investment in gas lighting and because they have been taxpayers in the community for several years. Some of the neighbors would probably withdraw their names from the petition if a monthly charge were to be imposed. In summary, the Council may wish to consider the following options re- lating to a city-wide street lighting policy: Opt. A. City Days for all street lighting with no direct charge to residents. Limit the number of new lights to 75 per year, to be installed on a first come basis.•• At least 20 lights per year would be reserved for existing sub- divisions, if petitioned for. In new subdivisions the developer would be required to make a lump sum payment for any installation costs plus operation costs for one year. Lighting in new subdivisions"would be phased as much as possible to coincide with the phasing of the develop- ment. If existing neighborhoods petition for street lights and there is a substantial cost for the initial installa- tion, the City could consider an assessment project for those installation costs only. This method has the advantage for the homeowner of a lower cost because the costs for street lighting would be spread over the entire community Lilr^u^h the general tax levy. As long as the City continues to grow in population and valu- ation, the general fund can sustain an increase of $7,000-8,000 per year (less the one year deposit by devolopers) for new street lighting. Opt. 0. For new subdivisions, charge the developer for the first year costs including any additional, one time installation charges by NSP. Thereafter, each homeowner in that subdivision to be billed $1.50 per month, which is added to the quarterly sewer and water billings. The implementing vehicle for this policy would be the "Developers Agreement" signed by the developer at time of final platting. Prospective homebuyers in the sub- divisions would be advised of the monthly charge if they should request an assessment search on their lot. For existing neigh- borhoods, 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. In situations other than above, the staff would be authorized to install 20 new street light per year at intersections with major roads or other locations deemed ap- • propriate. We have prepared a street lighting map showing all existing and pro- posed street lighting throughout the City. We will have this map avail- able Tuesday evening for the Council's review and discussion. TO: Mayor and Council FROM: John Franc: DATE: February 3, 1978 RE: Proposals for telophone service A' I. Attached is an analysis showing the costs of telephone systems for the City hall. From a dollars and cents standpoint, Bell's rate increase makes the Bell "Crossbar" system very disadvantageous to the city. Constraints on the General Fund Budget makes the Bell 60 month plan more attractive than its 36 month plan. I personally do not feel comfortable purchasing an electronic system. The city's choice would then be between the Bell Electronic system and the EDC Crossbar system. • • • TO: Mayor and Council THRU: Roger Ulstad FROM: John D. Frane RE: Refunding Proposals DATE: February 3, 1978 • Representatives of the Ehlers and Piper firms have requested to appear before the council to indicate why the fee they propose as financial consultants is warranted. The following is a breakdown of the other costs which the city will incur during the refunding of both the Water and Sewer and the Improvement bonds. These costs are estimated but believed to be accurate. r Bond counsel $20,000 CPA/actuarial 15,000 Escrow Agent for refunded bonds 10,000 j' Printing (Fords & Prospectus) 4,500 Paying Agent for new bonds 6,000 I Bond Rating — Moody's 2,000 1 $57,500 1 t 1 ) 1 I s 3,23 Bell Bell Bell EDC Collins Crossbar Electronic Electronic Crossbar Electronic 36 Months 60 Months Before Feb 1978 Rate Increase Monthly Charges Lease/Maintenance 940 265 265 60 120 Capital recovery 650 539 Trunks and other charges 494 494 494 575 575_ Total Monthly $1434 $1609 gi2�£i $�3 $ 95 Installation Charges 1077 9775 9775 191 191 Purchase 29,415 34,134 After Feb. 1978 Rate Increase of 18.5% Monthly Charges r cS ss Lease/Maintenance 1114 314 -314 60 120 Capital Recovery 850 539 Trunks and other charges 585 585 585 681 681 $T649 t '700 $}1Tr1T89 $T $i U Installation Charges 1077 9775 9775 191 191 Purchase 29,415 34,134 Total cost at the end of 5 years Before rate increase 87,117 85,915 B7,655 67,706 76,025 After rate increase 103,017 -94-0+5- •}6;855` 74,066 B2,385 9i,174- 93,1/4r • Total Cost at the end of 5 years with interest at 7% ,� Before rate increase 104,191 107,222 106,785 87,431 96,417 'i After rate increase 123,263 -1-1-71-24& 4-4.6169g 95,020 106,006 '.3,737 ,4,.7a. .l!,la .� �j • sector analysis • . duck lake trail sector Environmental Setting Natural Feetures: The area is generally characterized by low, rolling topo- ral3iy aaxi a poorly defined drainage system. A major portion of this sector is marshland, which provides excellent habitat for a variety of wildlife species including beaver, mink, muskrat, fox, raccoon, deer, duck, rabbit and pheasant. Vegetation is made up of dominant lowland-associated plants: dogwood, willow, . basswood, me ood, aspen, and some upland hardwoods on the marsh edges. —Mod plain •--- • single family / sseslowland deciduous trees/shrubs\' \residential development\ ' • wetlands/grasses `�y'.� �I `" ti�.: ": ':u _ �a-L.. east TYPICAL DUCK LAKE TRAIL SECTION • l:n3 Use: This area has historically been used for agricultural purposes, bet. pre i'.itte,:n tcxday tends toward the single family residential unit. Open . lard cc::ii:ts beyond the marsh to the west-northwest and to the northe,:::--, hcxr- ever, pro_;:sais have been nude on the developsnt of portions of this open land. 'lt1' area i:; in need of recreational acreage for neighborhood and cam- • munity use. Constraints: Very little disruption of the natural environment has occurred iii ttc .i:.r:,rail:its Creek Corridor to date. The concern will be in establishing a control fer neintenance of the present condition. Soil conditions will affect use of lied wi.1.hin the corridor (float plain). Opportnnit_._;: i celicat opportunities for the development of neighborhood recr'aio:: sate(s) and trails exist within the corridor. Unique vegetative areas exist within this sector this includes tamarack and remnant prairie species. Devel:vim-n! P ro`aosals: A 120-acre P.U.D. proposal. was made for land within • the Co-rridor by the Edina Builders group. The proposal has since been wit3h- drawn. Recennrndations Potential Use: The major elcrmnt within this area is the "marsh". The area • Feti:hen ll .,tinny l01 and the massh should be protected for trail. develolnLnt. The crush :az-mhi be utiliccxl for bath active and passive recrc.itional Ixii-'ores. • 19 pu'b rja c'►Y • creek • 290 • This would include wildlife observation trails, and opportunities for inter- pretive developmnts. The devclopint of trails should initially include peripheral marsh trails. Management: The marsh possesses the elements necessary for creating a wildlife f a age by increasingwater levels. Dy establishinga r program of water level stabilization and storage, flows downstream can be maintained throughout the season. The structures installed for regulation can also serve to control the movement of rough fish. ' Control: The area between Highway 101 and Duck Lake Trail can be maintained with the protective 60 acres/creek mile concept while the "marsh" requires brood-reaching controls to maintain the enviromu:.nt and unique habitat. This would require protection to the 910 feet above mean sea level contour (approximate). The marsh is one of the atypical areas within the system which requires regulation beyond that which is included in the 60-acre concept. PUJ ga ory crt e 20 191 Staff Report-Nestlebrook -4- Dec. 2, 1977 • Park Dedication The preliminary plat shows park dedication of the floodplain area except �\ for the portions in the back of lots 1,2,4 & 5. All lots will be subject to the cash park fee according to Ord. 332. Single family lots will be $275/lot and the duplex units will be $225/unit. No trails required. . RECOMMENDATIONS The Planning Staff recommends approval of rezoning 3 lots from Rural to RM 6.5 and 6 lots from Rural to R1-13.5. The staff also recommends approval of the preliminary plat for lot 1, block 1, Nestlebrook, contingent upon the following: 1. A complete grading plan be submitted for staff approval prior to final plat approval. Minimum floor evelations should be submitted to the Engineering Department immediately along with a utility plan to insure that utility connections can be made. 2. Erosion control should be implemented simultaneous with grading to prevent sedimentation into the creek and according to Riley/ Purgatory Crte.k Watershed District recom"ndations. 3. Approval by the Minnesota Highway Department of the access points to TH 101. Driveway permits must be obtained by the proponent from the MNDOT prior to any construction. The proponent shall not construct more than 3 driveways for the 6 duplex units along TH 101 and should investigate the feasibility of a private frontage road that all six units would gain access from. 4. Provisions of Ord. 135 be followed. 5. Approve of the plat by the Riley Purgatory Watershed District. • 6. Cash park fee be paid according to Ord. 332. JEJ:jmj • STAFF REPORT . TO: Planning Commission FROM: Jim Jensen, Planning Assistant THROUGH: Chris Enger, Planning Director DATE: December 2, 1977 PROJECT: Nestlebrook • APPLICANT: Edward and Catherine Lunzer LOCATION: 5 acre parcel located on Highway 101, just south of Maple Leaf Acres 3rd Addition. REQUEST: Rezoning from Rural to RM 6.5 for 3 lots, rezoning from Rural to R1-13.5 for 6 lots preliminary plat approval BACKGROUND The 1968 Guide Plan indicates single family residential for this parcel. The current preliminary draft of the Guide Plan Update shows this area to he primarily park with single family residential surrounding it. The 1973 Purgatory Creek Study shows that the majority of the site, excluding inn extreme southeast corner , is in the area designated as Conservancy Zone. The creek floodplain enters the 5 acre site from the north and funnels down to the southwest corner including parts of lots 1,2,4 &5, Block 2. The parcel is entirely included in the Transition Zone as identified by the Purgatory Creek Study, meaning that it is in direct topographic relationship to the creek. (see figure 1 and the following excerpts , pp. 19-21, from Purgatory Creek Study). • • ] !; �1:{.II r: f , i •--Kj------, --•,-:--- -1---•• `,'�-:`�Y f' 1 •S ! 1 ' --4a i',' r.'I ''1 I , a. d Ir 1 I i . -- (1..1_' .fur v� 1 • :1' • cC1.Gy FEBRUARY 7, 1978 02-07-78 8728 BARBARA DANIELSON Services 228.00 8729 JANES JENSEN Expense 40.6f 8730 NORTHWESTERN BELL Services 5.91 TOTAL $383,938.8( • Feb. 7, 1978 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-26 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER.- • TISEMENT FOR BIDS (I.C. 51-312 AND I.C. 51-316) WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., has prepared plans and specifications fot the following improvement, to wit, I.C. 51-312, Utility and street improvements in the Country Vista Addition; and I.C. 51-316, Utility and street improvements in the Nygren Estates Addition. and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereaf, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver • - tisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened at 1O:0D o'clock A.M. on Thursday, March 9, 1978, and con- sidered by the Council at 7:30 o'clock P.M. on Tuesday, March 21, 1978, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and • filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. • ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk Feb. 7, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO 78-31 A RESOLUTION APPROVING FINAL PLAT OF MAPLE LEAF ACRES 3RD ADDITION WHEREAS, the plat of Maple Leaf Acres 3rd Addition has been sub- mitted in a manner required for platting land under the Eden Prairie Ordi- nance Code and under Chapter 462 of the Minnesota Statutes and all proceed- ings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: . A. Plat Approval Request for Maple Leaf Acres 3rd Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated January 31, 1978. B. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deeds and/or Registrar of Titles for their use as required by MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 3 233 1 • • CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT • TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: January 31, 1978 SUBJECT: Maple Leaf Acres 3rd Addition PROPOSAL: The developer, Jarip Corporation, is requesting Final Plat approval of "Maple Leaf Acres 3rd Addition." This is a 6 lot single family residential plat (R1-13.5) located adjacent to and south of • Maple Leaf Acres 2nd Addition. HISTORY: The Preliminary Mat was approved on September 6, 1977, per Council Resolution #77-97. Zoning to R1-13.5 was finally read and approved by the City Council on November 11, 1977,,per Ordinance #77-28. The Final Plat now submitted for approval conforms with the approved Preliminary Plat. VARIANCES: A variance from the minimum lot size requirement of Ordinance #135 will be necessary. This variance was previously approved in the Rezoning Agreement dated November 11, 1977. UTILITIES AND STREETS: Municipal sanitary sewer, watermain, storm sewer, concrete curb and gutter and bituminous surfacing will be installed throughout the development in accordance with City standards. An overall walkway plan was approved in the Rezoning Agreement dated November 11, 1977, but does not affect this portion of the plat. PARK DEDICATION: A cash contribution of $275 per lot in conformance with the requirements of Ordinance #332 will be payable upon issuance of building permits as specified in the above mentioned Rezoning Agre- ment. BONDING: A performance bond or letter of credit approved by the City Attorney in an amount approved by the City Engineer shall be pro- vided to cover the cost of sanitary sewer. watermain, storm sewer, concrete curb and gutter and bituminous surfacing. A petition for street lighting and a deposit covering first year maintenance and installation costs will be required from the developer prior to release of the signed hardshells. Also, bonding will be required for a proportionate share of the Dell Road and Valley View Road assessment costs and walkways. - 2 - RECOMMENDATION: Recommend approval of the final plat of "Maple Leaf Acres 3rd Addition," subject to the requirements of this report and the following: 1. Execution of the Developers Agreement. 2. Receipt of fee for City Engineering services in the amount of $180. 3. Satisfaction of Bonding Requirements. 1 4. Receipt of petition for street lighting. • CJJ:kh • • 1 • • d is • bruce 11 ,[riutson aircholoctt January 27, 1978 • Mr. Roger Ulstad, City Manager City of Eden Prairie 7801 Mitchell Road Eden Prairie, Minnesota 55343 Re: Public Hearing Cor Investment/Development Dear Mr. Ulstad: Please accept this letter as a formal request for the City Council to schedule a public hearing on the rezoning and preliminary plat of the Cor Investment Development on the S.W. corner of Highway 5/ County Road 4 intersection as soon as possible. If you have any questions, or if I can be of any assistance, please call me. Very truly yours, BRUCE KNUTSON ARCHITECTS nice Knutson BK/ms cc: John Darkenwald Al Rubinger • 100 north sixth street/minneapohs/minnesota/55403/(612)333 6688 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie. City Engineer DATE: February 1, 1978- SUBJECT: HIGH POINT FOURTH,ADDITION • PRDPOSAL: The developer, The Preserve, is-requesting City Council approval of the final plat of "High Point Fourth Addition." This is a 34 lot single family residential plat (RI-13.5) located south and west of Neill Lake Road and west of the Trails Townhouse Addition. HISTORY: The Preliminary Plat was approved on July 19, 1977, per Council Resolution #77-89. Zoning to R1-13.5 was finally read arr' approved on July 19, 1977, per • Ordinance #77-26. The final plat now submitted for review conforms with the approved Preliminary Plat. VARIANCES: Variance from the side yard setback requirements of Ordinance #135 shall be allowed as follows: 5' to side lot line on garage side 10' on 1 and 11 story house to side lot line 15' on 2 story house to side lot line 30' from front of building to front lot line 20' from rear of house to rear lot line 20' side yard setback for houses built on corner lots but.not conflicting with 30' setbacks on adjacent lots UTILITIES AND STREETS: Municipal sanitary sewer/watermain and storm sewer have been installed by the developer in accordance with Eden Prairie Standard Specifications. Concrete curb and gutter, bituminous roadways, pathways, and a tot lot as specified in the preliminary rezoning w agreement will he constructed by the developer in accordance with Eden Prairie Standard Specifications. PARK DEDICATION: Outlots A, 8, C, and D will be used for open space or pathway purposes with ownership by the developer or homeowners asso- ciation and are available to the public. The rezoning agreement indicates Outlot B to be constructed as a tot lot or open play area. (I I • - 2 - BONDING: A performance bond or letter of credit approved by the City Attorney shall be posted in an amount of $10,000 to cover the warranty requirements for the utilities installed as of 2/7/78. Bonding will also be required to cover the cost of construction for uncompleted streets and the tot lot in amounts to be approved by the City Engineer. A petition will be required from the develop- er to cover installation and first year costs of street lighting. RECOMMENDATION: Recommend approval of the final plat of "High Point Fourth Addition," subject to the requirements of this report and the following: 1. Execution of the "Developers Agreement." 2. Receipt of fee for City Engineering Services in the amount of $1020. 3. Receipt of petition for street lighting. CJJ:kh 2 3/ Jan. 17, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-20. A RESOLUTIDN APPROVING FINAL PLAT OF HIGH POINT FOURTH ADDITION • WHEREAS, the plat of Highpoint Fourth Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NDW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for High Point Fourth Addition is ap- proved upon compliance with the recommendation of the City Engineer's Report on this plat dated January 12, 1978. B. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deeds and/or Registrar of Titles for their use as required by MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are -hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL _ I ,To n O. Frane,Clerk 23c) • February 7, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-28 A RESOLUTION APPROVING FINAL PLAT OF GARRISON FOREST SECOND ADDITION WHEREAS, the plat of Garrison Forest Second Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all repsects consistent with the City plan and the regulations and requirements of the laws of the State of Minne- sota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Mat Approval Request for Garrison Forest Second Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated January I2, 1978. B. That the City Clerk is hereby directed to file a certified copy o•f this resolution i tn' office of the Register of Deeds and/or Registrar of Titles for their use as required by MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on Rfgang H. Penzel, Mayor ATTEST: SEAL John Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 1, 1978 SUBJECT: Garrison Forest Second Addition • PROPOSAL: The developer, The Preserve, is requesting final plat approval of Garrison Forest Second Addition. This is a 35 lot single family plat (R1-13.5) located north of Garrison Forest Addition, south of Anderson Lakes Parkway and west of County Road 18. HISTORY: The Preliminary Plat was approved on October 4, 1977. per Coun- cil Resolution #77-118. Zoning to R1-13.5 is scheduled for final reading and adoption on February 7, 1978. The Final Plat now submitted for approval conforms with the approved Preliminary Plat. VARIANCES: Variance from the sideyard setback requirements of Ordinance p135 should be allowed as follows: 5' garage to side lot 10' on 1-11/2 story house to side lot line 15' on 2 story house to side lot line • 30' from front of building to front lot line 20' from rear of house to lot line 20' side yard setback for houses built on corner lots, but not conflicting with 30' setbacks on adjacent lots. UTILITIES AND STREETS: Municipal sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing, walkways and street signs will be installed by the developer in accordance with Eden Prairie Specifications. Outlots F, G, H and J shall be deeded to the City for future construction of Anderson Lakes Parkway. A petition for street lighting and a deposit covering first year installation and maintenance costs will be required from the devel- oper. aqI - 2 - PARK DEOICATION: OUtlots A, B, C and D will be used for walkway and open space purposes with ownership by the homeowners association. Outlot E will be used for future development, with ownership by the Preserve. BONDING: A performance bond or letter of credit approved by the City Attorney shall be posted in an amount approved by the City Engineer to cover the cost of uncompleted sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminaous paving, walkways and street signs. A $10,000, 2 year maintenance bond shall be posted to cover all completed utility work as of 1/7/78. RECOMMENOATION: Recommend approval of the Final Plat of Garrison Forest Second Addition, subject to the requirements of this report and the following: • ,` 1. Execution of the Developers Agreement. • 2. Receipt of fee for City Engineering Services in the amount of $1050. 3. Execution of the Rezoning Agreement. 4. Receipt of petition for street lighting. CJJ:kh • Lqqa 1 'a z. 'I, MEMO TO: Mayor Fenzel and Members of the City Council THROUGH: Roger Ulstad, City Manager F d' FROM: Carl Jullie, City Engineer OATE: February 2, 1978 il SUBJECT: RLS of Lots 2 and 3, Block 1 i' Highpoint 3rd Addition i The attached Registered Land Survey covering Lots 2 and 3 of Block 1, Highpoint 3rd Addition, has been submitted for City Council approval by d Mr. Phil Hirsch, whose company is constructing double unit houses on these two lots. The purpose of the RLS is to divide each lot along 'j the common party wall and thus allow the sale of individual units. 1 Also, the division will facilitate mortgaging the units at time of sale. The lots are properly zoned (RM-6.5) for double units. Recommend approval of the Registered Land Survey for Lots 2 and 3, Block 1, i. Highpoint 3rd Addition. 'j CJJ:kh Attachment CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST February 7, 1978 • CONTRACTOR (Mulct-family & Comm.) PLUMBING Conrad Construction Co. Grendahl Mechanical, Inc. Hipp's Construction Co. L. J. Katz Corp. Harlan Koehnen Builder Kluck Plumbing Rutledge Construction Co. Lakeville Plumbing & Heating, Inc. Madsen Plumbing & Heating CONTRACTOR (1 & 2 Family) Medicine Lake Mechanical, Inc. Speta & Berg, Inc. Crest Investment Corporation West Plumbing Co. Crocker Construction, Inc. Westman Plumbing Hipp's Construction Co. Jensen Construction Co. REFUSE & GARBAGE COLLECTION J. J. Nagengast & Sons Narr Construction, Inc. Eden Prairie Sanitation Registry Homes, Inc. Revier Construction FOOD ESTABLISHMENT - Type A D. L. Weaver Construction, Inc. General Nutrition Center, Inc. HEATING & VENTILATING • Hennepin County Vocational Center Power's Abel Heating Acme Sheet Metal Co. FOOD ESTABLISHMENT - Type C Advanced Heating & Air Cond. B & C Heatir.y Co. Interstate United Corp. at Rosemount Eng. Faircon, Inc. Baskin Robbins Ice Cream Store Grendahl Mechanical, Inc. Home Heating & Air Cond. RETAIL CANDY SHOP Lakeland North Plumbing & Htg. • Larson-Mac Power's Nielsen Heating & Air Cond. Royalton Heating & Cooling Co. VENDING MACHINES GAS FITTER Interstate United Corporation A & J Enterprises • Abel Heating Advanced Heating & Air Cond. • CIGARETTES & TOBACCO Grendahl Mechanical, Inc. Home Heating & Air Cond. A & J Enterprises Lakeland North Plumbing & fttg. Acorn Vending Larson-Mac Movies at Eden Prairie Nielsen Heating & Air Cond. Royalton Heating & Cooling Co. THEATRE(In-door) • MECHANICAL AMUSEMENT DEVICES Movies at Eden Prairie Moves at Eden Prairie DRIVE IN THEATRE Flying Cloud Drive In These licenses have been approved by the department head responsible for the licensed activity. ea CU e.,Litio ,0 Robecca Qui t'nrrroen, Deputy Clc•ck • • FEBRUARY 7, 1978 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN • The following accounts were audited and allowed as follows: • 12-09-77 8111 VOID OUT CHECK (100.0E 01•-10-78 8416 VOID OUT CHECK (452.0' ' 01-17-78 8423 VOID Our CHECK ( 51.7! 01.13 78 8569 INTER PACKAGING CO. Wine 413.1! ,! 8570 JOHNSON BROS WHOLESALE Liquor 805.9E 8571 HOPKINS POSTFtASTER Utility bill postage 66.7: 01-17-78 8572 MINNESOTA DISTILLERS, INC Liquor 1,271.0! 8573 GRIGGS, COOPER & CO., INC Liquor 356.0: 8574 ED PHILLIPS & SONS Liquor 547.8i 01-19-78 8575 METRO WASTE CONTROL COMM. December 20,418.7` 8576 STATE BUILDINS INSPECTOR 4th Quarter Report 6,251.9E :: 8577 COM"MMISSIONER OF PERSONNEL 4th Quarter Report 18,377.07 01--20-78 8578 VOID OUT CHECK 8579 JOHNSON BROTHERS LIQUOR Liquor 625.0E. 8580 QUALITY WINE COMPANY Wine 407.7i - 8581 TWIN CITY WINE CO. Wine 246.8! 01-24-78 8582 PUBLIC EMPLOYEES RETIRE ASSN. Payroll 1/20 6,021.1' 8583 ED PHILLIPS & SONS Liquor 3B2.8: . 8584 EAGLE DISTRIBUTING Wine 406.5'. 8585 UNITED WAY Payroll 1/20 27.11 8586 COMMISSIONER OF REVENUE January taxes 4,615.81 8587 FEDERAL RESERVE SANK Payroll 1/20 6,962.21 8588 SUBURBAN NATIONAL BANK 8onds 1/20 payroll 318.7E 8589 DALE & JOANNE ALLAR Easement 2,005.3. 01-25-78 8590 CARLTON COUNTY SHERIFF DEPT. Refund 50.0i '•< 8591 COMMISSIONER OF REVENUE Sales Tax 2,214.9E ' 01-27-78 8592 ED PHILLIPS & SONS Replace check 48416 452.01 • 8593 JOHNSON BROTHERS WHOLESALE Liquor 646.01 8591 INTERCONTINENTAL PKG CO. Wine 368.7E 8595 ED PHILLIPS & SONS CO. Liquor 1,116.04 8596 GRIGGS, COOPER & CO. Liquor 723.60 8597 8. DALTON BOOKS Book - Public Safety Dept. 10.9E 01-31-78 8598 EAGLE DISTRIBUTING Wine 37.87 8599 OLD PEORIA CO., INC Liquor 323.04 8600 QUALITY WINE CO. Wine 32.34 8601 PETTY CASH Reimbursement of funds 48.3': 02-07-78 8602 ADAMS CONSTRUCTION Refund of deposit 815.9C 8603 AUTO CENTRAL SUPPLY Parts-Valve Job 82.00 8604 APWA School - Gene Schurman 85.0E 8605 PEGGIE ANDERSON Services - Public Safety Dept. 25.0C 8606 A & H WELDING Steel bar stock 36.24 8607 ACRO - MINNESOTA Office Supplies 169.57 8608 AM SOCIETY FOR INC SECURITY Membership - Les Bridger 40.0C ' 8609 ACCUESE Forms & Supplies - Recreation 714.40 8610 EARL F ANDERSON Materials for Hockey Nets 90.5E 8611 BR.A.UN ENG. Tests - Homeward Hills Road 371.70 8612 BARIOW CONTRACTING Sand - Ice Control 116.33 8613 BLUE SHIELD Health Insurance 378.07 8614 BRUCE OREN Supplies - Fire Dept. 6.98 8615 Bell is Paper 8ags - Liquor Store 75.57 • • FEBRUARY 7, 1978 • 02-07-78 8616 BLOOMINGTON -CHRYSLER PLY 2 cars - Public Safety 10,322.0E 8617 CADILLAC PLASTICS Safety gloves-Water Plant 15.41 : 8618 CUTLER-h1AGNER Quick Lime-Water Plant 2,136.2. 8619 CURTIN MATHESON Testing Supplies-Water Plant 62.5( 8620 CLIMAX„ INC. V-Belt 5.6E 8621 GRENDAHL MECHANICAL City Hall Addition 9,675.0( 8622 CHAPIN PUBLISHING Ms City Well 62.1( , 8623 DISPLAY FIXTURES Price tags - Liquor Store 4.8! ' 8624 DICKEY - KODET Services Fire Stations 12,364.61 8625 DANIELS STUDIO Services - Public Safety 60.0i • 8626 CHRIS ENGER Expenses 1D6.01 ,: 8627 EUTECTIC & CASTOLIN Welding rods 43.2 8628 EMIIER TWIN CITY Bldg. Materials - Park Maint.Bldg 1,693.7; 8629 EDEN PRAIRIE NEWS Legal Notices 261.0. 8630 STUART FOX Expenses 87.45 8631 FEED-RITE Treatment Chemicals-Water Plant 1,653.81 8632 JOHN FRAME Expenses 111.6; 8633 W. GORDON SMITH Anti-freeze 147.9! 8634 GUNNAR ELECTRIC Repair Furnace-Fire Dept. 6.8( 8635 GENERAL COMMUNICATION 2 Antennas 110.0( 8636 GOLD MEDAL BEVERAGE Mix - Liquor Store 14.8' 8637 GROUP HEALTH Health Insurance 764.1( 8638 GUARANTY TITLE Refund Deposit 2,840.8; 8639 GAR WOOD Chain 110.0 8640 GREG NELSON TRAVEL Air Fare- School Public Safety 306.0; 8641 GUY'S AUTO Equipment Repair Parts 223.1: 8642 GOODYEAR SERVICE 2 Tires 91.4; 3643 ere. TRUCK Truck Parts 104.5; s' 8644 DONNA HYATT School 30.0; 8645 HENNEPIN COUNTY Prisoners Board 31.0, 8646 HONEYWELL flaintenance Contract-Water Plant 1,072.2' '' 8617 HOPKINS DODGE Repair Parts 47.3- :, 8648 HOPKINS PLUMBING Refund-overcharge 100.0( 8649 JACK HACKING Expense 33.9; 8650 JEAN JOHNSON Expense 4.0: : 8651 IAAO Assessment Manuel 14.5 B652 INSTRUMENTATION SERVICES Check Radar Units 123.5; ;. 8653 CARL JULLIE Expense 227.E 8654 JUDSON FAMILY CENTER School-Public Safety Officers 120.0 8655 0.J. JANSKI Appraisal 450.0; 8656 INTERNATIONAL UNION January Dues 187.0'_ 8657 ICMA Services-Management Information 105.e1. 8658 INDUSTRIAL LIGHTING Lamps-Water plant 31.3' 8659 KOKESH Recreation Supplies 126.T 8660 LEAGUE OF MINNESOTA CITIES Labor Relations Subscriber 750.0( 8661 LAKE REGION FIRE 1978 DUES 10.0( 8662 LYMAN LUMBER Bldg. Materials-Warming House 434.8; ' 8663 t1ARCY LUKE Refund-Guitar lessons 14.0( ' 8664 METRO MECHANICAL Refund on Permit 6.0( 8665 ROBERT MARTZ Expenses 103.3'. ' 8666 t1ETRO PRINTING Newsletters 432.0( 8667 MINNESOTA CHEIFS Dues Public Safety 30.O( 8668 JOAN MEYERS Refund 11.7( 8669 Minn. Good Roads Dues Carl Jullie 45.0( 8670 MATT'S AUTO Tow Public Safety Cars 18.5; 8671 MI`1NESOTA PARK & REC Commission Membership 60.0( 8672 MEDICAL OXYGEN Service 21.41, .(1to FEBRUARY 7, 1978 02-07-78 8673 MINN FIRE ASSOCIATION Dues 44 4 5.0 01 8674 MID CENTRAL FIRE Hose nozzle-Park Dept. 8675 ROBERT MASON Tree Subsidy 1,500.0E 8676 MINNESOTA VALLEY ELECTRIC Seriices 3.2E B677 NATIONAL TECHNICAL INFORM. Book "Bicycle Safety" 16.00( 8678 CINDY NELSON Refund - Ski B 01 8679 JOHN NEIDERHISER Damage to mail Box 500.01 8680 NCPI Security School-Public Safety 2,500.0'. 8681 PRAIRIE VILLAGE MALL January/February Rent 8682 GERALD RUMIMEL Tree Subsidy 525.0' 8683 R.C.PRINTING Liquor I. D. Cards 8684 REALTY HOUSE. Refund Deposit 2,456.6. . 8685 MARC RUEGEMER Skating Refund 1.2! • 8686 TROY RUEGEMER Skating Refund 1.21 8687 BERT ROGERS Supplies 1.8; 8688 ROBERTS DRUG Frames - Public Safety 3.4: 8689 ST PAUL BOOK Office Supplies 12.0` 8690 SWEDLUI4D WATER & SEWER Utility Service 100.0! 8691 STATE OF MINNESOTA Car Title Fee 3.5!43.5! 8692 SUB. COMMUNITY SERVICES Supplies-Senior Citizens �96 5 8693 SUNRISE HOMES Refund Deposit 790 2 8694 STARR OFFICE SUPPLIES Supplies 8695 SCFHF.RER BROS. LUMBER Materials Park Maint. Building 52,5, 8696 STATE BOARD OF ASSESSORS License fees (3) 90�. 8697 STANDARD HANDLING Hand Truck 190.0 8698 SUBURBAN CHEVROLET Equipment parts 10 8699 SULLIVAN'S SERVICES Pump Tank-Park House 65.E 8700 TRA11SPORT CLEARING shipping charges J7.2 8701 DAVID THURSTON Refund employee aeduction 21.4 8702 TELE-TERMINALS Supplies computor terminal 85.7 8703 T.C. YOUNG AUDIENCES Services-Cultural Comm. 150.0' Welder-Park Dept. 126.9 8704 H.R.TOLL .E 8705 TRUIMPY HOMES/REALTY HOUSE Refund Deposit 7 7994.! 8706 TOWNS EDGE FORD Equipment Parts 1 8707 UNIVERSITY OF MINNESOTA School - Stu Fox 1 1717 i 8708 ROGER ULSTAD February 100..0 8709 UNIFORMS UNLIMITED Public Safety Uniforms ?S' 8710 WILENSKY AUTO PARTS Equipment Parts 5. 8711 WATER & SEWAGE WORKS Subscription 24.0 I'' 8712 WALL STREET JOURNAL Subscription 45.0 '_' 8713 WILLIAM J. ADVERTISING Services-Liquor Store 178.0 ,' 8714 WESTERN LIFE Lie Insurance 86.0 8715 WATER PROOUCTS Meters and Supplies 11,263.1 ! 8716 NESSO Lamps Skating Rinks 131.4 8717 WILCOX PAPER Paper towels 125.4 8718 ZIEGLER Cutting Edges 932.7 :y' 8719 MINNEGASCO Services 2,525.3 8720 NSP Services 10,036.7 8721 NORTHWESTERN BELL Services 854.4 8722 HENNEPIN COUNTY Taxes Bren Property 7,418.2 8723 HENNEPIN COUNTY Taxes Bren Property 5,427.6 8724 GRAHAM LAND CO. Bren Property 21,300.0 8725 JOHN BREN et al Bren Property 159,306.4 4. 8726 HENNEPIN COUNTY Taxes Bren Property 391.9 r 8727 JOHN & MARGARET BREN Bren Property 25,608.0 4