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HomeMy WebLinkAboutCity Council - 02/21/1978 JOHN FRANE EDEN PRAIRIE CITY COUNCIL • TUESDAY, FEBRUARY 21, I978 7:30 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 Connunity Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording • Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL • I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. CONSENT CALENDAR (One motion to approve all items on Consent Calendar) • A. Set Public Hearing for Hennepin County Library Site in Homart Page 326 • Cuter, rezoning of 2 acres from Rural to Pubiic,for March 7, 1973 B. Set Public He-3rinns for Richard Anderson, rezoning 22 foot Page 327 strip from Rural to 1-5Parl._, snu 1,14^resota Mini-Storage, 2nd Addition, from Commercial-Highway and Rural to I-2 Park, for April 4, 1978 C, Payment of Claims Nos. 8731 - 8882 Pa(e 329 ' tII. REPORTS OF APVISOf;Y COMMISSIONS IV. ORDINANCES 8 RESOLUTIONS • A. 2nd Reading of Ordinance Nos. 78-07 and 78-08, rezoning Page 333 Nestlebrook tc R1-13.5 and RM 6.5 respectively, and rezoning agreement 6, Resolution No. 78-22, establishing a policy_for the Cash Park Fee V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members I. Appointment of a Representative to Advisory Council for Page 344 acrioofTMI cF77 T Cormunity Education A Council Agenda - 2 - Tues.,February 21, 1978 • B. Report of City Attorney 1. Joint Zoning Board for the Metropolitan Airports Commission Page 347 continued from February 7, 1978) 2. Amendment to Sign Ordinance (continued from January 17, 197B) C. Report of City Manager • 1 1. Setting of a date for discussion of Guide Plan s—` Page 349 2. Request from Attorney John Crouch re resenting Oscar Jones Page 350 and Allan Garrison (Crosstown Park D. Report of Director of Community Services Hennepin County Chipping Site Proposal Page 355 E. Report of City Engineer Receive Feasibility Report for sewer and water trunk extension Page 369 and street improvements in the Round Lake Area, I.C. 51-315 (Resolution No. 78-33) ,/Approve plans and specifications and order advertisement for Page 370 bids for City Well #3 pump, motor, controls. pumphouse and discharge line, I.C. 51-301 (Resolution No. 78-34) 3. Minnesota Department of Transportation request for interchange Page 371 improvements at 018 and #494 (kesolution No. 78-32) F. Report of Finance Director 1. Clerk's License List Page 378 2. Bond refunding Page 381 V1. NEW BUSINESS V I I. ADJOURNMENT. f rt9 TO: Mayor and Council THRU: Roger K. Ulstad, City Manager FROM: John D. Frane, Finance Director DATE: February 7, 1978 RE: Financial Consultant Fees - Refunding Bonds , We propose to refund both the water and sewer and the improvement bonds together for a maximum fee of $75,000 for the water and )f sewer and $50,000 for the improvement bonds. • The maximum fee allowed by Federal Regulations is 3% of the first $1,000,000 and 1% thereafter. By refunding both kinds of bonds at the same time there is a cost reduction from the maximum Federal allowed of $20,000 because the 3% applies only once even though two kinds of bonds are being refunded. The fees under the contract would be as follows: • REFUNDING BONDS SOLD FEES Water and Sewer $2.5 million $35,000 3.5 45,000 4.5 55,000 5.5 65,000 6.0 70,000 6.5 75,000* 7.0 75,000 Improvement Bonds $2.5 million $35,000 3.0 40,000 777{ 3.5 45,000 4.0 50,000* 5.0 50,000 *The maximum fee under the proposed contract JDF:bq 2/7/78 • 3gI TO: Mayor and Council FROM: John Frane DATE: February 17, 1978 • RE: Ehlers letter of February 16, 1978 Legal counsel would be at .2% of the bonds issued .1% each for the bond approving attorney and the special tax counsel plus the time Lynn Endorf has spent with us during the pre-proposal stages. The actuarial firm contacted (Ernst and Ernst) indicated their fee would be $6500 per issue. The escrow agent contacted was Northwest Minneapolis. They indicated their fee would be .1% which could vary slightly if the escrow became complex. Printing and advertising costs are based on current costs for bonds and prospectus printing. Bond printing costs vary depending on the number of maturity dates and the number of interest rates bid. Each date and rate requires a press set-up. Paying "lent fees are estimated to be .1%, they also vary based on the dates and rates. The cost is $1.62 per bond and $.27 per coupon. Moody's indicated their fee would be the same no matter how may bonds are issued. • • • 38" • EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS "IR8T NATIONAL-SOD LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS.MINNESOTA 55402 339-8291(AREA CODE 8721 February 16, 1978 Mayor and City Council City of Eden Prairie Eden Prairie, Minnesota Re: Advance refunding; expenses Mr. Ehlers and Mr. Pakonen furnished the City staff with an estimated cost of $57,500 for legal, actuarial, escrow agent, bond and official statement printing, advertising (legal notices), paying agent for new bonds, and bond rating. The estimate was based upon similar such sales recently and was based on a combined sale of approximately $6,150,000 Sewer and Water Bonds and $3,900,000 "429" Improvement Bonds, for a total of $10,050,000. The following cost estimates are recalculated for each issue as of 2/11/78, assuming separate issues. 1 2 3 (Alt.) Sewer & Water Improvement Improvement $6,150,000 $3,900,000 $5,090,000 Legal counsel $13,000 $ 8,500 $11,000 Actuarial/accountant 6,500 6,500 6,500 Escrow agent 7,500 6,500 7,000 Printing, adv., etc. 2,000 2,000 2,000 Paying agent 6,000 4,000 5,500 Bond rating 2,000 2,000 2,000 $37,000 $29,500 $34,000 If the Council can combine the issues in one escrow, the total cost would be less, than the sum of columns 1 and 2 or columns 1 and 3, and they may well come in under the $57,500 figure. { 83 Mayor and City Council February 16, 1978 Eden Prairie, Minnesota Page 2 With combined issues, the costs would be approximately these: 1b2 1b3 $10,050,000 $11,240,000 Bonds Bonds Legal counsel $20,000 $22,500 Actuarial/accountant 12,500 13,000 • Escrow 10,000 11,000 Printing and advertising 3,000 3,000 Paying agent 10,000 11,500 Bond rating 2,000 2,000 ESQ,500 $13422 It should be recognized that these costs and expenses are not paid to us but to the firms rendering the service. Exact detail of expenses will be available to you before the refunding is executed and bonds are sold, at which time you will have a full opportunity to weigh costs and fees against the City's saving. Again, almost all the costs associated with the refunding are actually paid in the escrow investment yield. It is important to know that while these are informed estimates, we cannot fix the costs of other providers. However, the estimates were derived from consultation with bond counsel, escrow agents, accountants and from our own experience handing similar projects. • Very truly yours, EHLERS AND ASSOCIATES, INC. William E. Fahey • WEF:cd 3 • TO: Mayor and Council T8RU: Roger K. Ulstad, City Manager FROM: John D. Frane, Finance Director RE: Refunding of Improvement Bonds ("429" Bonds) DATE: February 7, 1978 According to the City's assessment policy for the Schooner Blvd. project, all costs are not eligible to be assessed at this time (see attached). These presently nonassessable costs are the city's 5% contributions to the project and costs to be assessed when the property is zoned, about 15% of the costs incurred to date or a total of 20% of the total cost. A refunding would restructure the principle payments so that they come due later than at present. This will bring the time when additional assessments are levied and the bond principle payments are due closer together. JDF:bq 2/7/78 • 3gs MEMORANDUM TO: Mayor and City Council FROM: John D. Frane, Acting City Manager? SUBJECT: Council Agenda for Tuesday, Febru y 21, 1978 DATE: February 17, 1978 II. We have placed three items on the Consent Calendar. If you have any specific questions relative to these items)please call Mr. Ulstad prior tb the Council meeting. IV. A. All documents are in order and I would recommend the Council consider the 2nd Reading of Ordinance Nos. 78-07 and 78-08, and approval of the rezoning agreement enclosed. IV. B. The Council requested that the cash park fee resolution be placed on the February 21st agenda. All the necessary documents have not been completed at this time in order to develop a resolution and we would request, with the Council's permission, that this item be continued to the March 7, 1978 Council meeting. V. A.1 Enclosed is a letter from Jeanne Phillips, Educational Program C'-ector for Eden Prairie Schools, requesting that a representative from the City Council be appointed to the Advisory Council for School District #272 Community Education. V. 6.1 As per Council request of February 7, 1978, City Attorney Thorfinnson has estimated the costs of a declaratory judgement action involving the Metropolitan Airports Commission proposal of a Joint Zoning 8oard. V. 6.2 Recommend that the Council continue this item to the March 7th Council meeting as all information has not been compiled at this time. V. C.1 City Planner Enger has researched the possibility of a meeting for the City Council to review the Guide Plan. As per Mr. Enger's memo, we would recommend setting the date of March 2nd for this purpose. V. C.2 Recommend action be taken as per Mr. Enger's memo dated February 16, 1978. V. 0.1 Recommend approval of the proposed site for a Hennepin County Chipping facility as per Staff memo dated February 17, 1978. V. E.1 The enclosed feasibility report authorizes the costs and assessments for sewer and water lines for the areas west of Round Lake, including the new High School site. The report also recommends the extension of Luther Way which will certainly cause concern and probably negative reaction from existing residents. The proposed public hearing date is April 4. The Staff will attempt to meet with the Luger Way residents prior to the April 4th hearing. Recommend adoption of Resolution No. 78-33. receiving the report anal setting this hearing date for April 4, 1978. Council Agenda - 2 - Tues.,February 17, 1978 V. E.2 These plans cover the pumphouse, pumping equipment, and discharge line for City Well #3, which is currently under contract. The estimated cost is $210,000. Bids will be due on March 23rd. Recommend adoption of Resolution No. 78-34, approving the plans and specifications and authorizing advertisement for bids, I.C. 51-301A. Also we would request that the Council adopt a motion requesting the Riley-Purgatory Creek Watershed District to issue, forthwith, the permit requested by the City staff for construction of City Well #3. The district has not yet issued the permit because they are apparently concerned about the impact on the water table level of increasing amounts of municipal wells in the Jordan Aquifer. We think this is a valid concern of the District, however, delaying our well construction, which is vitally needed, is totally inappropriate. V. E.3 Recommend that we proceed with refunding of both the water and sewer and improvement bonds, and authorize signing of the contract with Ehlers and Piper. • • JDF:jp • • HENNEPIN COUNTY LIBRARY York Avenue South at 70th,Edina,Minnesota 55435 (612)830-4944 -11 • — H@NNePIN COUNTY February 15, 1978 The Honorable Wolfgang Penzel Eden Prairie City Office • 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 • Dear Mayor Fenzel: Since mid-1977 the Hennepin County Library has been negotiating with the Homart Development Company, the owner of Eden Prairie Center regarding the possible purchase of a two acre site with- in the ring route boundaries in the southwest corner of the center. The proposed site which is adjacent to the ten acre plot being developed currently as a neighborhood convenience center required both a change in the zoning from its rural district designation to that of public use and replatting. Hennepin • County Library, following the tiden P__irie planning and develop- ment procedure, prepared the necessary information for the re- zoning and made presentations on this at the January 23, 1978 Planni.eg Commission meeting. Following the preparation of a staff report the Library again appeared at the February 13 Planning Commission meeting and recieved a unanimous vote approving the rezoning and the referral of the question of ad- ministrative land division for the replatting to the City Council. Since the Library is working under some time constraints in con- summating the purchase with the Homart Development Company, I would like to request that whatever action need be taken on the part of the City to bring this matter before the City Council for their final action be carried out as soon as possible. It is my under- standing that we might be able to make our presentation at the March 7 City Council meeting and I would appreciate any assistance you can render to make this possible. Thank you very much. • Sincerely yours, / • � c/Alt-Gt-sit/ David R. Smith Associate Director for Public Service DRS:gh c: Chris Enger, City Planner Minorities.Women and Oihar Protected Classes are Encouraged to apply • fa Employment at Hennepin County • cis� tg1$ fRicharcl W Anckrson Developer 6700 EXCELSIOR BOULEVARD MINNEAPOLIS. MINNESOTA 55426 TELEPHONE 1612>033-0821 February 15, 1978 Mr. Roger Ulstead City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 Re: Interstate Detroit Diesel Allison, Inc. 22' Rezoning at Valley View Road & Washington Ave. So. Dear Mr. Ulstead: In connection with subject matter, kind11 set a hearing before the City Council to rezone subject property in conformity with the Rec- ommendation of the City Planning Commission on February 13, 1978. Yours ver truly, Richard W. Anderson RWA/kp Enc { 3A? MINNESOTA 7, n i i f. NO BOX 186 • VIAYZATA.MINNESOTA 55391 • 612/473-9591 +I City Council i. City of Eden Prairie Eden Prairie, Mn. 55343 February 14, 1978 Dear Council; • We have appeared before the Eden Prairie Planning Commission with our request for a rezoning of our 3.06 acres to as Industrial zoning to allow us to expand our Mini-Storage facilities. #, We hereby request a public hearing by your council 1 concerning our request for reson5ng at your earliest possible date. a If you have any questions, please call. Sincerely; ( �) - -Bruce Hubbard 3)7 FEBRUARY 21, 1978 STATE Or MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 08-31-77 6672 VOID OUT CHECK (225.0C 02-07-78 8677 VOID OUT CHECK ( 6.0C 02-03-78 8731 INTERCONTINENTAL PACKAGING Liquor 416.37 8732 JOHNSON WINE CO. Wine 293.42 ': 8733 HOPKINS POSTMASTER Postage for meter 1,000.00 8734 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employers ASSOC. contribution 2-3 payroll 5,934.7€ 8735 UNITED WAY Donations withheld 2-3 payroll 27.12 8736 FEDERAL RESERVE BANK Taxes withheld 2-3 payroll 6,338.9E 8737 JOSEPH VESELY Easement for I.C. 51-270; Scenic Heights Upgrading 808.33 8738 NATIONAL TECHNICAL INFORMATION SERVICE Publication on bicycle safety information 6.00 8739 ROGER DANIELSKI Exepnses for N.C.P.I. school 100.0C 8740 AL LARSON Expenses for N.C.P.I. school 1O0.0C 02-07-78 8741 EAGLE DISTRIBUTING Wine 226.7 8742 QUALITY WINE CO. I!'ne 28.54 8743 MINNESOTA OISTILLERS, INC. Liquor 1,328.4"( 8744 ED. PHILLIPS & SONS Liquor 685.01 8745 SAM MILLER BAG CO Sand bags-Drainage control 21.0C 8746 HOPKINS POSTMASTER Postage for utility bills 56.97 ' 02-10-78 8747 HENNEPIN COUNTY FINANCE raxes en Bren property 1,840.6`_ 8748 OLD PEORIA COMPANY Liquor 516.4E 8749 QUALITY WINE CO Wine 419.21 8750 JOHNSON WINE CO Wine 309.8E 8751 MIDWEST WINE CO Wine 232.6t 8752 VOID CHECK 8753 TWIN CITY WINE Wine 312.4E 8754 ED PHILLIPS AND SONS Liquor 1,385.7E 8755 GRIGGS, COOPER & CO. Liquor 407.7r 02-21-78 8756 AOVANCE AMBULANCE Supplies-Fire dept. rt.,, ',h 26.0C 8757 AKINS FIRE EQUIPMENT Helmet fronts-Fire dept. 26.97 8758 AMERICAN WATER WORKS ASSN. Dues-Water dept. 4.4011. 8759 ASSCCI",TEC WELL DRILLERS Pipe for equipment repair 50.0O 8760 RONALD ANDERSON Reimbursement for electrical parts for Public Safety vehicles 29.35 8761 ASTLEFORD EQUIPMENT Parts for equipment IA,,,,sr )°" 76.71 8762 ACTION REDOY RENTS Equipment rental-Community Development fund <4' i'r" *"'" 63.5C 8763 KRISTV BABCOCK Skating instructions-Park & Rec. 252.00 8764 BRAUER & ASSOCIATES Services-Guide Plan 580.07 8765 PEGGY BECK Refund on quilting classes 12.O0 : 8766 TOM BREN Refund on guitar lessons 14.00 8767 CROWN PHOTO Film and services-Public Safety 51.31 • 876E BATTERY WAREHOUSE Equipment parts and tire chainsrsrr` 743.51 !' 8769 CEDAR HILLS SKI AREA Ski lessons 1,213.5C 8770 BESTOS PRODUCTS CO. Transfer units-Public Safety ✓"'"4'4 37.8t :1. 01 J.;9 FEBRUARY 21, 1978 02-21-78 8771 BUSINESS FURNITURE Chair mat for Public Safety 29.50 8772 BELLIS PAPER Supplies-Liquor Store 14f s 76.55 8773 GRACE CARMOOY Refund on quilting classes 12.00 8774 R. J. CARPENTER Bever dam removal-Engineering 125.00 8775 CHANHASSEN AUTO PARTS Equipment parts ., 64.07 8776 COPY EQUIPMENT Supplies-Engineering and Planning 37.2E 8777 CLUTCH & U-JOINT Equipment parts .4" `'" ' 94.O4 8778 COLLINS ELECTRIC CO. Service-Preserve Park hockey rink 7,307.70 8779 OASCO Supplies-Public Safety dept.e4Tr""' 46.0E 8780 WARO DAHLBERG Liquor, wine and supplies 4,717.6C 8781 DALCO Cleaning supplies-Water dept. 79.94 8782 OORHOLT PRINTING Service 521.67 , 8783 EOEN PRAIRIE CLEANERS Cleaning service-Public Safety 15.00 8784 EOEN PRAIRIE GROCERY Supplies-City Hall and Public Safety 26.33 8785 EOEN PRAIRIE NEWS January ads 324.82 8786 GLEN LAKE BAKERY Refreshments for Guide Plan meeting 6.32 8787 GREG NELSON TRAVEL SERVICE Airfare for training session for four Public Safety officers (to be reimbursed by Illinois State Police) 504.00 ?. 8788 JUNE GILBERT Refund on calligraphy 12.00 8789 R. L. GOULD Equipment parts N,'=b'-- Q"' ' 111.25 8790 GRANT BATTERY SALES Six batteries 186.22 8791 GUNNAR ELECTRIC CO. Service-Outside lights at Water Plant 340.2E 8792 HENNEPIN COUNTY CHIEFS OF POLICE ASSOC. Membership dues-Keith Wall 15.00 8793 HF"!NEPIN COUNTY PARK RESERVE snow shoe rentals-Park & REc. dept. 14.5C ; 8794 HENNEPIN COUNTY VOCATIONAL SCHOOL Recruit firefighter tuition for two recruits 54.0( s 8795 JOYCE !-!OLTE Juvenile school expenses 36.Ot: 8796 JOHN HANSEN Commission for renting Cora house 450.01 8797 PENNY CAGNON HARRISON Refund on ski lessons 12.5C 8798 KARA HAYDEN Refund on guitar lessons 14.00 8799 BETH HOULE Refund on skating lessons 5.0C 8800 CINDY HOULE Refund on skating lessons 5.00 8801 HANUS BUS CO. Service-Park & Rec. dept. 49.5C 8802 JACK HACKING Meeting expenses 51.1C 8803 MARK HURO AERIAL SURVEYS Service-Engineering dept. 13.5C , C8D4 HOPKINS PARTS CO. Equipment parts 4.0(: • 8805 INSTRUMENTATION SERVICES Check radar unit-Public Safety 64.00 8806 MASATO IKECAMI Rental of gymnastics equipment 100.0C 8807 WALTER JOHNSON January expenses 47.94 8808 RONALO JOHNSON Recruit firefighter class 34.00 8809 TOM JENSEN Refund skating lessons 3.00 8810 ELIZABETH JOHNSON January services 343.2C 8811 G. C. KRANZ & SONS Application No. 4; City Hall add 17,499.00 8812 KARULF HARDWARE Suppl ies 330.43 8813 KARULF HARDWARE Supplies for Fire dept. 17.8€ !, 8814 KRAEMER'S HARDWARE Suppl ies 19O.5R 8815 LOCAL GOVERNMENT INFORMA- TION SYSTEMS Service 1,1148.88 8816 DIANE LONGSHORE Refund on calligraphy classes 12.00 ,' 8817 GEORGE LILLIE Refund on calligraphy classes 12.00 8818 LEEF BROS. Service 111.1E 8819 ItEDCENTER HEALTH PLAN Feb. insurance 1,003.41 8820 MEDICAL OXYGEN Oxygen-Fire dept. 2.95; i;U FEBRUARY 21, 1978 02-21-78 8821 LORI MCMAHON Refund on acrobatic and jazz dance lessons 8.00 8822 ROBERT MARTZ February expenses 105.40 8823 JILL MCKNIGHT Refund on calligraphy classes 12.00 8824 M.A.P.S.I. January services 597.50 8825 METROPOLITAN WASTE CONTROL COMhMISSION March sewer service charges 13,456.19 8826 METRO PRINTING, INC. Printing for community education programs 839.00 8827 MINNESOTA FIRE INC. Repair supplies-Fire dept. i, `q''° 82.27 8828 3M PRODUCTS Copy machine-Public Safety 108.0C 8829 MINNEGASCO Service 104.27 8930 WM. H. MCCOY Supplies-Preserve Park warming house 16.94 8831 MEDICAL OXYGEN Oxygen-Fire dept. 59.37 8832 M M INDUSTRIES, INC. Car wash powder-City garage 71.31 , 8833 MAYVIEW RADIO Radio repairs 108.65 8834 VOID CHECK 8835 VOID CHECK 8836 NATIONAL POLICE CHIEFS INFORMATION BUREAU One book-Public Safety dept. 22.5C 8837 NORTHERN ELECTRObE PRODUCTS Equipment parts 29.04 8838 NORTHWESTERN BELL Service 1,410.3E 8839 NORTHERN STATES POWER CO. Service 1,760.77 , 8840 NORTHERN STATES POWER CO. Service 4.92 8841 OLYMIC HILLS CORP. T:ae subsidy 200.0C 8842 TIM O'ROURKE Reimbursement for supplies 8.62 8843 POWER, INC. Three batteries 42.75 8844 PRAIRIE LAWN A GARDEN Equipment parts 7.05 8845 PHYSICIANS HEALTH PLAN Feb. insurance 3,984.27 8846 GAIL PERROZZI Refund on macrame classes 3.25 8847 PEPSI-COLA Pop for machine 82.4C 8848 MICHAEL ROGERS Expenses for EMT refresher course 7.65 8849 ROBERTS DRUG Supplies for Public Safety 30.6:, 8250 R. C. PRINTING ID cards for liquor servers licenses 162.75 8851 STANDARD SPRING CO. Eq::ipcent parts 4 ul SP.-, 68.95 8852 STATE OF MINNESOTA 1977 statute supplement-Public Safety 35.0C 8853 SPECIALTY SCREENING Special design police car emblems 116.12 :: 8854 ECKLUND A SWEDLUND Rink lease for Hidden Ponds 1.0C 8855 MARY SCATTARELLA Refund on macrame class 3.25 8856 MINNESOTA STATE TREASURER Snowmobile safety certification- Park and Rec. dept. 80.00 8857 SOUTHWEST SUBURBAN FIRE LEAGUE Dues for Eden Prairie Fire dept. 25.0C 8858 SPIKE SARLES Refund on calligraphy class 12.0C 8859 SUBURBAN AUTO ELECTRIC Equipment parts 562.0b 8860 SEARS ROEBUCK CO. Floor tile and vinyl casing for City garage 5115; Tools for Water dept. $45 160.61 8861 SHEDD BROWN, INC. Shot glasses-Liquor store 518.95 8862 TALL TIMBER TREE CARE Truck rental-Tree disease dept. 400.00 8863 ROGER ULSTAD Meeting expenses 89.8E 8864 UNIVERSITY OF MINNESOTA Information packages on Crime Prevention 10.00 8865 UNIFORMS UNLIMITED Uniforms-Public Safety dept. 1,053.20 8866 VAN WATERS & ROCERS Chlorine-Water dept. 188 50' j 0 I FEBRUARY 21, 1978 02-21-78 8867 WALDOR PUMP Pump repair-Water dept. 66.32 8868 HELENE WALD Skating instructions 320.00 8869 SANDRA WERTS January expenses 51.35 8870 ALYCE WILLEY Refund on calligraphy class 12.00 8871 WESTERN LIFE INSURANCE February insurance 219.85 8872 WESTERN LIFE INSURANCE February insurance 89.10 8873 WILCOX PAPER CO. Paper-City Hall 286.16 8874 XEROX CORPORATION Copy machine and supplies-Public Safety dept. 152.01 8875 ZIEGLER Equipment rental-Community Development project 3,188.75 ' 8876 CONSTRUCTION INDUSTRY SAFETY Training course for Dale Schmidt and Ray Earls 24.00 8877 LEAGUE OF MINNESOTA CITIES 1978 "Directory of Minnesota Municipal Officials" - For City Hall 6.00 8878 PERBIX, HARVEY, SIMONS & THORFINNSON Service 4,940.32 y, 8879 SOUTH-TOWN REFRIGERATION Cooler and ice cube machine for Liquor Store 2,113.41 8880 SHARON GAGNON Mileage-Building dept. 87.00I 8881 VOID CHECK 8882 NORTHWESTERN NATIONAL BANK Bond payment 488;275.75 TOTAL 572,226.85 • 33 9, • .�. FEB 15 1978 ~ _ Riley- Purgatory Creek Watershed District ~y 8950 COUNTY ROAD #4 EDEN PRAIRIE,MINNESOTA 55343 II February 2, 1978 to • Mr. Roger Ulstad • City Manager City of Eden Prairie 8950 Eden Prairie Road' Eden Prairie, Minnesota 55344 Re: Duplex Construction on Lot 1, Block 1 Nestlebrook Development Dear Mr. Ulstad: The Watershed District understands that the developer of the above referenced project is requesting approval to develop only Lot 1, Block 1 of the development. Since the development of this one lot does not meet the requirements set forth in Section E (2) of the District's revised rules and regulations, a grading and land alteration permit will not be required from the Watershed District for this lot. The developer has indicated that the peuposed plan for the development does not call for an encroachment into the floodplain of Purgatory Creek. This is, of course, consistent with the floodplain policies of the District. The District requests that the City include in its approval that no encroach- ment into the floodplain of Purgatory Creek will be permitted and that this restriction be included in the deeds for the lots adjacent to the flood- plain when the final plat is approved. The remaining portion of the development would, of course, require a grading and land alteration permit from the District before land alteration begins. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely, 5L,..)30101 - A lan Gebhard BARR ENGINEERING CO. Engineer for the District Approved by the Board of Managers RILEY-PURGATORY CREEK WATERSHED DISTRICT ��/ 4.1� /-", AG/111 Ay/fi:rCf / 2-4''4-._< President cc: Mr. Conrad Fiskness !� / IC) �y/ / Mr. Frederick Richards Date: / t' Mr. Adolf Tessness , 3?2 2/1D/78 Nestlebrook REZONING AGREEMENT THIS AGREEMENT made and entered into in triplicate this day of , 1978 by and between Mr. & Mrs. Edward J. Lunzer hereinafter referred to as "Owner", and the CITY.DF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City," WITNESSETHI WHEREAS, Owner has requested City to change zoning for a 5 acre site from Rural to RM 6.5 and 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 Exhibit A, and WHEREAS, Owner agrees to develop the aforementioned property in consideration of the City's changing of the zoning , and Owner further agrees as a part of said consideration it will layout, develop and maintain such project as hereinafter set forth. NDW ,THEREFORE, this agreement witnesseth that for and in consider- ation of the Mayor and City Council of the City adopting 2 ordinances changing the zoning from Rural to RN 6.5 and R1-13.5, the Owner agrees to construction on said property in accordance with the planning, architectural, engineering and landscaping requirements of all City ordinances and will submit development stage rezoning plans to the City subject to the following conditions: 1. A complete grading plan be submitted for staff approval prior to final plat approval. Minimum floor elevations should be submitted to the Engineering Department immediately along with a utility plan to insure that utility connections can be made. This statement excludes the final platting oft Lotl,Block 1; of the preliminary plat. 2. Erosion control should be implemented simultaneous with grading to prevent sedimentation into the creek and according to Riley/Purgatory Creek Watershed District recomnendations. This statement excludes Lot 1, Block 1 of the preliminary plat . 3 3�1 • Rezoning Agreement-Nestlebrook 2/10/78 3. Approval by the Minnesota Highway Department of the access points to T.H.#101. Driveway permits must be obtained by the proponent from Minnesota Department of Transportation prior to any construction. The proponent shall not construct more than 2 driveways for the 6 duplex units along T.H.#I01. Approval must also be received from the Highway Department for the structure setbacks from TH 101.•. 4. That the Nestlebrook plat be approved by the Riley/Purgatory Watershed District. 5. That the plat be subject to cash park fce payment as per Ordinance #332. 6. That the lots be developed as depicted on the.preliminary plat dated February 9, 1978 which is a part hereof and which is identified as Exhibit B. 7. That the City Engineer's reports he complied with and that all sanitary sewer, water main and storm sewer facilities, concrete curb and gutter and bituminous surfacing whether to be public or private shall be designed to City standards by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The developer, through his engineer, shall provide for competent daily inspection of all street and utility construction both public and private. Asbuilt drawings with service and valve ties on reproducable mylar and certification of completion and compliance with specifications shall also be delivered to the City Engineer. The 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 described. 3. That an executed copy of this Agreement shall be iecorded with the Register of Deeds, Hennepin County, Minnesota. 4. That if Owner fails to proceed in accordance with this Agreement within 24 months from the date hereof, Owner for itself, its successors and assigns, agrees that it will not oppose a rezoning of said property back to its Rural zoning. -2- Rezoning Agreement-Nestlebrook 2/10/78 • 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: Wolfgang Penzel, Its Mayor BY: Roger Ulstad, Its Manager BY: , , . '�{ ` .1 Lam, ✓ Mr. Edward J. Lunzer BY: `171.1- `f:c.c44-a � ' 75:c Acth../ i Mrs. Edward J. Lunze' STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1978 by Wolfgang Penzel, the Mayor and by Roger Ulstad, the TC ty Manager of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. Notary Public- STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 16 day of February , I978, by Mr. Edward J. Lunzer the Owner and by Mrs. Edward J. Lunzer the Owner 7 on behalf of said ow er. CUM'__ /1LP/1?ice_ r�'yLam REBECCA QUERNEMOEN otary Public `ST.,. NOTARY PUBLIC—WINNESOTR HENNEPIN cOUN1Y, Fly Comminion(spot Dec,10,19R2 Nestlebrook Rezoning Agreement EXHIBIT A page 1 of 2 • Description of RM - 6.5 Area for Rezoning. • That part of the following described property: The South 360.72 feet of that part of the Southwest Quarter of the Southwest Quarter of Section 6, Township 116 North. Range 22 West of the 5th•Rrincipal Meridian described as follows: Beginning at the northwest corner of said Southwest Quarter of the Southwest Quarter of Section 6: thence East 636.80 feet; thence South 850.00 feet; thence West 636.80 feet to the West line of said Southwest Quarter of the Southwest Quarter; thence North 850.00 feet to the place of beginniny. Which lies westerly and northerly of a line described as follows: Beginning at a point on the north line of the above described • • property distant 180.00 feet easterly from the northwest corner of said above described property;thence south, parallel with the west line of said above described property, a distance of • 335.00 feet; thence westerly, deflecting to the right 83 degrees 27 minutes 55 seconds, a distance of 181.17 feet to said west . line and said line there terminating. • Descrintion of RI - 13_5 Area for Rezoning. • That part of the following described property: The South 360.72 feet of that part of the Southwest Quarter of the Southwest Quarter of Section 6, Township 116 North, Range 22 West of the 5th Principal Meridian described as follows: Beginning at the northwest corner of said Southwest Quarter ' of the Southwest Quarter of Section 6: thence East 636.80 feet; thence South 850.00 feet: thence West 636.80 feet to the West line of said Southwest Quarter of the Southwest Quarter; thence North 850.00 feet to the place of beginning. Which lies easterly and southeasterly of a line described as follows: _ Beginning at a point on the south line of the above described property, distant 265.00 feet easterly from the southwest corner • of said above described property: thence north, parallel with the west line of said above described property, a distance of 60.00 feet; thence northerly, deflecting to the right 17 degrees 00 minutes 00 seconda, a distance of 105.00 feet; thence north- easterly, a distance of 300 feet, more or less, to a point on the north line of said above described property, distant 120.00 feet westerly from the northeast corner of said above described property and said line there terminating. • 3 3'j Nestlebrook Rezoning Agreement EXHIBIT A, page 2 of 2 • • • • • • Description of Park Area. That part of the following described property: • The South 360.72 feet of that part of the Southwest Quarter of the Southwest Quarter of Section 6, Township 116 North, Range 22 West of the 5th Principal Meridian described as follows: • Beginning at the northwest corner of said Southwest Quarter of the Southwest Quarter of Section 6; thence East 636.80 feet: thence South 850.00 feet: thence West 63E.80 feet to the West line of said Southwest Quarter of the Southwest Quarter; thence t:or.h 850.00 feet to the place .,` beginning. Ahich lies easterly and southerly of "Line I" and westerly and north weatPrly of "Line 2". Said "Line 1" is described as follows: Beginning at a point on the north line of the above described property distant 180.00 feet easterly from the northwest corner of said above described property: thence south, parallel with • the west line of said above described property, a distance of 335.00 feet: thence westerly, deflecting to the right 83 degrees 27 minutes 55 seconds, a distance of 181.17 feet to said west line and said line there terminating, Said •Line 2• is described as follows: • • Beginning at a point on the south line of the above described property, distant 265.00 feet easterly from the southwest corner of said above described property: thence north, parallel with the west line of said above described property, a distance of 60.00 feet; thence northerly, deflecting to the right 17 degrees 00 • minutes 00 seconds, a distance of 105.00 feet: thence northeasterly. a distance of 300 feet. more or less, to a point on the north line of said above described property, distant 120.00 feet westerly from the northeast corner of said above described property and said line there terminating. • 23x • • 1 i685 1,45.11 I i OUNPAR e.U.RVE�- .'=.0/2.. t • MR r» ; R9 J L UNZ5:12 � '•11_en r . fe,.//, 1 ,4 ✓Ci-�O::_:. c MAn Sons INC i R..'•1.1M/Nd.o- PLAT OF: NE S TL CBR OOK• .`'. 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X �°..4 d/v/t N% �/ �J)ni 1(31.0 .__� i • I __ — —__ _ Y �_ _ re _ f l IM 1 ', • I hereby earthy wt NI.I.•t.v W corm.rron.mutlm of••ur,.y o1 w bane.N•e Mt OE.NtRAL NOTES, at of port et Sn.ot Pair..of me e.v' •I R at-I.. 1) Pp.p.N enaw NW3R,..It..t.,nt.m fee ot S.ct�0.T. w w w., .nmo I It Nur,. .y.U weal a t Vw Sth rinalrwl M.rIG,.n Wu.,u Not Toren Curb.from MOWN euambre••folio w Eryt..rinp ServIcf.. 2).(::f oe•adN oat. , O Nlrmr,w e Owt .. Ma O. te•of a Swvl.r l .t i) • Iet m r -ON. Ir Ou•rtwr N 6'A.Oo. •) -Deru0.1 nt Ono.. 1 ' uhta n r N ma..a.nr•I 0) Tout. .5.272 Atn.. O..•rter,moor.N,.tn xw1ro fret to use 1W.,:.of oaW...up. 0) ToRyrwev•fn ..r,C n.rvt SVrvy..ire., Oin ett Ann M the toc.tOn H.O ba 4n.yt,t e .0 u.,nt.enc If.ry, T) PIN t Sot ~ny• n•V•. ene an It S•d I Prom wn.yml by w, r INer my OV..,.p..vt.CC,1C1 iSM bay for.Itt..end,..'PSI lbws,m of July.ION.t0 eW. A. I) Ton leot,alloy..a mow*..•.m.00.re ONO..O for•11 1,5.m lot tln.•am T.rton CtbM. (f) Lot OMmlw en . • CW w..eyar,nv..,.N.y,fro.aaf. • oacwee eo:DNIN01 • bl.CS 1 RM-0.3 (1.10 Aa.) ore 1:1•In (I.•1 A..) .• 01ocu 0&0 RI-13.5(0.1 A..) • Ta.tb,cone (0.22 AO.) . Noy.tie.101 (0.33 Al.) ` f • err, / 1 ) A.,4,4/. 9*dq Rrreinery,/9:8,/o t>/iert'n9' .. '. '' M 1.1 h0.. /. .NpRodol. fired/.bn. • . :? rlt/jh 2/16/78 Nestlebrook CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 78-07 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended by adding to Section 6, Township 116 North, Range 22 as follows: The South 360.72 feet of that part of the Southwest Quarter of the Southwest Quarter of Section 6, Township 116 North, Range 22 West of the 5th Principal Meridian described as follows: Beginning at the northwest corner of said Southwest Quarter of the Southwest Quarter of Section 6; thence. East 636.80 feet; thence South 850.00 feet; thence West 636.80 feet to the West line of said • Southwest Quarter of the Southwest Quarter; thence North 850.00 feet to the place of beginning. Which lies easterly and southeasterly of a line described as follows: • Beginning at a point on the south line of the above described property, distant 265.00 feet easterly from the southwest corner of said above described property; thence north, parallel with the west line of said above described property, a distance of 60.00 feet; thence northerly, deflecting to the right 17 degrees 00 minutes 00 seconds, a distance of 105.00 feet; thence north- easterly, a distance of 300 feet, more or less, to a point on the north line of said above described property, distant 120.00 feet westerly from the northeast corner of said above described property and said line there terminating, which property shall be and hereby is removed from Rural zone and shall be included hereafter in the R1-13.5 zone. Section 2. The above described property shall be subject to the terms and conditions of that certain re;oning agreement dated , 1978 entered into between and the City of Eden Prairie, which agreement is hereby made a part hereof and shall further 3q0 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. I FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this day of February, 1978 and finally read and adopted and '' ordered published at a regular meeting of the City Council of said City on j, the _ day of , 1978. I Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1978. .A -2- aij1 rlt/jh 2/16/78 Nestlebrook CITY OF ED121 PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 78-08 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL OF TTUE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended by adding to Section 6, Township 116 North, Range 22 as follows: The South 360.72 feet of that part of the Southwest Quarter of the Southwest Quarter of Section 6, Township 116 North, Range 22 West of the 5th Principal Meridian described as follows: Begi.nning at the northwest corner of said Southwest Quarter of the Southwest Quarter of Section 6; thence East 636.80 feet; thence South 850.00 feet; thence West 636.80 feet to the West line of said couthwcst Quarter of the Southwest Quarter; thence North 850.00 feet to the place of beginning. Which lies westerly and northerly of a line described as follows: Beginning at: a point on the north line of the above described property distant 180.00 feet easterly from the northwest corner of said above described property; thence south, parallel with the west line of said above described property, a distance of 335.00 feet; thence westerly, deflecting to the right 83 degrees 27 minutes 55 seconds, a distance of 181.17 feet to said west line and said line there terminating, which property shall be and hereby is removed from Rural zone and shall be included hereafter in the RM 6.5 zone. Section 2. The above described property shall be subject to the terms and conditions of that certain rezoning agreement dated , 1978 entered into between and the City of • Eden Prairie, which agreement is hereby madc a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City relating to such RM 6.5 zones. Section 3. This ordinance becomes effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this day of February, 1978 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1978. Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk !1 Published in tue Eden Prairie News on the day of _ , 1978. -2- 3q 3 'imi• Fie e;• OVONeg,.- o January 26, 1978 a Mayor Wolfgang Penzel Village Hall 8950 Eden Prairie Road m Eden Prairie, Minnesota 55344 8 S o. m Dear Mayor Penzel, m • According to our new policy for the District #272 Community Education Program, an advisory council is to be organized to "pro- vide a communication system between school and community, and coor- c dinate and plan the Community Education program." This group is to include one appointed representative from the City Council. In keeping with the policy, I would like to request that the City Council select a representative to become a part of the Advisory m Council. The new Council will have its first organizational meeting in y March, 1978. Please select a representative and inform me of your • choice 'y February 20, 1978, so that our new director may contact -u him/her personally to further explain their role. o ' 0 I have enclosed a summary of the new council's membership and rresponsibilities. Thank you for your cooperation. Your participation is invaluable to ensuring that the Eden Prairie Community Education program serves our community. I will look forward to hearing from you soon. • N N Sincerely, 411 I r R Jeanne P. Phillips Educational Program Director 3Uq Since the Eden Prairie School Board has authorized a Community Education Program, the State Department of Education requires a district-aide Advisory Council be established to guide the best interests of the Community Education Program. DEFINITION OF THE ADVISORY COUNCIL The Advisory Council is a representative group of citizens who assess community needs, provide a communication system between school and community, and coordinate and plan the Community Education program. NE!IBERSNIP , (13 members) a. A non-vot_..c, representative from the School Board shall be appointed for a one-year term. b. A non-voting representative from the City Council shall be appointed for a one-year term. c. The Community Education Director, who shall have a permanent seat of member- ship, shall act as temporary leader until leadership is elected. This person shall act as a staff resource person in a non-voting, ex-officio capacity. d. One member from each local school council shall be appointed to serve one- year terms. e. Five members of key community organizations are to be elected at the March • meeting of the Advisory Council. This joint meeting will invite a represen- tative from all community organizations and elect five to council membership. The five elected members will be responsible for communication to all organ- izations of the community. f. One appointed representative from the High School Student Council will serve a one-year term. g. One appointed representative from the Senior Citizen organization will serve a one-year term. • h. One appointed representative from the local private school. i. The Eden Prairie Director of Community Services, who shall have a permanent seat of membership in a non-voting, ex-officio capacity. APPOINTMENT AND VACANCY Each member, with the exception of the Community Education Director, shall be elected or appointed by the organization that they represent at their first meeting following January 1 each year. RESPONSIBILITIES The Advisory Council shall he charged with the following responsibilities: 1. Make maximum use of community resources to provide a comprehensive education program for the entire community. • 2. Establish coordination and c"aperation among individuals, groups, and organ- izations to avoid duplication of effort and services. I. Provide a systematic two-way process of communication between the school system and the community. The goal of this program is for all to gain under- standing of mutual needs and concerns, as well as feedback on citizen attitudes. 4. Develop a program or process for identifying existing and future individual and community needs and wants, and coordinate community resources capable of effecting appropriate change. 5. Provide and develop increased opportunities for lay and professional people to assume leadership roles. 6. Report recommendations, including budget, to the School Board and City Council a minimum of two times each year. 7. Establish operating guidelines for the implementation of community education programs. s!!. 8. To assist in district planning. 'tEETIUGS The Advisory Council shall have a minimum of six meetings per year. SOURCE: School District f272 Policy 9anual DATE: November 3, 1977 i I MEMORANDUM • TO: Roger Ulatad • FROM: Ross L. Thorfi.nnson DATE: February 16, 1978 RE: Potential Declaratory Judgment Action Involving Metropolitan Airports Commission Proposal of a Joint Zoning Board Following the last Council meeting you asked that I give you some estimate of the costs involved in commencing a declaratory judgment action and seeking a restraining order against the Metropolitan Airports Commission with regard to the proposed formation of a joint zoning board for the zoning of property adjacent to Flying Cloud Airport. Some measure of the costs that might be involved is to look at the total attorney's fees and costs involved to date in connection with the Metropolitan Airports Commission Flight Training Center litigation. these costs do include costs related to the Ordinance 51 public hearings and ad hoc committee matters which substantially increased the costs beyond those involved in the Court litigation itself. The total to date in this matter is $2,863.30, In connection with the declaratory judgment action involving Windslope the total costs were S1,624.00. We di.d not seek a restraining order in connection with that matter and, of course, we settled the matter without an actual court trial. At. this point my estimate would be that a trial of the matter, including a motion for temporary restraining order and without considering the costs involved in an appeal, would probably be in the neighborhood of $2,500.00 to $3,000,00. In line with our conversation I have prepared an initial draft of the Summons r..,d Complaint and Motion for Temporary Restraining Order which would he necessary in order to commence this action. Because of the time limitations imposed by the letter received from the Metropolitan Airports Commission, the Council could still act to adopt the proposed resolutions for the establishment of a joint zoning board at its first meeting in March. If an action is to be commenced, we should proceed promptly following the February 21st Council meeting so that the motion for temporary restraining order can be heard and acted on prior to the deadline established by virtue of the Metropolitan Airports Commissions_ietter, —K,;(RLT:jh { MEMO TO: Roger K. Ulstad, City Manager FROM: Chris Enger, Planning Director DATE: Feb. 15, 1978 I have investigated the possibility of a special meeting for the City Council to review theGuide Plan as requested by the Council at their Feb. 7, 1978 meeting. During the first week in March , Thursday, March 2nd , the City Council Chamber is available for a meeting if the Council so desires, The only other city meeting j. that evening would be the Historical and Cultural Commission's Meeting at the Historical and Cultural Center . Planning Consultant Don Brauer and the City Staff are available to meet Thursday, March 2nd, if the Council wishes. 1 ,i. CE:jj • 31 • MEMO TO: Roger Ulstad, City Manager • FROM: Chris Enger, Director of Planning DATE: February 16, 1978 • • id. SUBJECT: REQUEST FROM JOHN S. CROUCH REPRESENTING JONES/GARRISON ATTACHMENTS: Feb. 2, 1978 letter As you requested, Carl Jullie and I have studied the property outlined • in Mr. Crouch's letter. Said property is part of an office proposal by Mr. Richard Anderson in the area called Crosstown Park. After speaking with Mr. Martz, City Assessor, Carl and I feel that the most public benefit from the piece can be derived if it is developed and taxed as an office building site as proposed. I The property does encompass a portion of the small pond, but this pond will be preserved according to the development plans for a storm water ponding area. No parks, open space , fire station sites or other public land interests have been designated or are anticipated for this site. We would therefore recommend that a letter to this effect be sent to the Hennepin County Board so that the back taxes may be paid • the land repurchased and developed so that the land will become a tax contributor CE:jj 3:,0 • • •. rw i� i LIC;. ,z !;t ` r :/,' , k ' , sE 1;� r J s I is i+ ' I i t + c ` yT t / ..;ti ���- :1�: i �' I�_*'il'(: �•4<< t}k-�.1�31�7 �;t ! fS�+iri)li+yll`ia 111'F ,I s•t -.•iJ L7.. rA. '3T1-:T - j I i-mil _ :. t .5++'ti 1t S •/, !r :+ . 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'. as tF� • e. rl• s �, i ! _ u " l - It J -.�• :1I•'.,r •i \ Ik. f`� { Sr �s" r t -J 'a� a+ ,.v � '`? 't �I ��y1 j `' .• l 7 k +'. r • ` r� � �J_ y'. >i� �}IY--. a"���a J 'ai _yY \-- .+• \ *t Z. • •:51' 1. : . `1` ,fit T' > ' .+1 ' > ti ,, t, ! , rvYf _ 7;k a �� { r� rt ,� {.t y; a c •• .t% i , � y •x Y CS +4ri4 • •v�: yZF6f• f 1 �_ itfSs j 0 1� � . i,� s-i Z► __ t t . �T1iiir' rc11+1-11 7-}1:V��AGE .jI r •.fi+..\ : �,. a r 1 1 i 7 r j ti FEBA U t'10 GRAY, PLANT, MOOTY. MOOTY & BENNETT •BOLD O.C•NT Nee7-'4+31 LAW OFFICES JOMN W. NIEL • MEN.•w UlTOC•Nev.-.v,” NOEL JErrOCTnSPOORS N O. 300 ROANOKE BUILDING D•MIEL M. W. JP. • MICN•EL R. M �N• JOHN DOT• MINNEAPOLIS.MINNESOTA 55402 •NDPtw C,SELOEN USSELL N J•N[S w, •Np.P CLTNTON•„CNROEDEA 1tLEPMONE.1612)339-OSOI S1L•MEN J DER lOw•RO J. JR. JEI[wET J.KEYES POSE*,L NN4NSON Jr".ES S. . O' N ELkE•PETN W.NORTON • N O.MTSN•NE MICN•EDL P. US•N S. NTL CUST1e D.[ONS.UN0 W.1ODO N •PKN•nD• D eP,•N L.eo•SEN �w LICE D. SS'no O•vIO P •ELL, .eTEVENT. >ON February 2, 1978 JOmN Z.F 4OWt• C JONN D. PNUCN ERV." O•vlO T RLNNITT TmomAs O.PLINO SOW.N C.C•PPENT EN SHELDONT LECK "NOSEY S.ew•NSON TNDM•S J.P•TO. Mr. Roger Ulstad • • City Manager, Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Oscar. P. Jones -- Allan W. Garrison Crosstown Park • • Dear Roger: As you know, this firm represents Oscar P. Jones and Allan W. Garrison in connection with their proposed sale of certain premises to Richard Anderson, which premises are intended to be included within Richard Anderson's proposed Crosstown Park development. As I advised you in our telephone conversation on January 30, 1978, one of the parcels (which was known, for real estate tax purposes, as District 61, Plat 56701, • Parcel 0210) which Mr. Jones and Mr. Garrison own and which is to be conveyed to Mr. Anderson and to be , included within the Crosstown Park development, has been tax forfeited to the State of Minnesota, and my clients are presently attempting to redeem the same from said • tax forfeiture. • Pursuant to Minnesota Statute S282.241, it is necessary for my clients to establish that the repur • - chase of said parcel will promote the use of said parcel • in a manner which will best serve the public interest. • In my opinion, the repurchase of said parcel will pro- mote the use of the land which will best serve the public • interest in that said pur,;hase will permit the parcel to be developed, in conjunction with certain adjacent par • - • cels, for office and warehouse purposes. 1 • aJ).1 • Mr. Roger Ulstad Page 2 February 2, 1978 The purpose of this letter is to request that you execute and return to me, for forwarding to the Board of County Commissioners of Hennepin County, a letter along the lines of that which I have enclosed. If necessary, I will be happy to appear at the City Council meeting scheduled for February 7, 1978, to answer any questions in connection with this request and, there- fore, ,. I would appreciate your advising me of whether I should attend said meeting. Thank you for your cooperation. Very truly yours`,,. '')1 John S. Crouch JSC/ss enc • 3t3 February , 1978 • Board of County Commissioners of Hennepin County Hennepin County Government Center 300 South Sixth Street Minneapolis, Minnesota 55487 Re: Repurchase of Tax Forfeited Lands known as District 61, Plat 56701, Parcel 0210, Hennepin County Gentlemen: The purpose of this letter is to advise you that the Eden Prairie City Council supports the application to the County Board of Oscar P. Jones and Allan W. Garrison to repurchase the above-referenced tax for- feited lands which lie within Eden Prairie, on the basis that the repurchase of the same will promote the use of said lands in such a manner that will best serve the public interest because the repurchase of said lands will permit the use thereof, together with certain adjacent parcels, for the purpose of an office and • warehouse development which will promote business activity within the City, and will create significant additional tax basis. • Yours truly, Roger Ulstad City Manager fyy 7 i • �d-,11 • TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Chris Enger, Planning Director Stuart Fox, City Forester DATE: February 17, 1978 APPLICANT: Hennepin County PROJECT: Northland Pulp, Inc. Chipping Site LOCATION: 13.14 acres located on Parcels 4470 and 1100 of south h of Section 1. (map enclosed) REQUEST: Permission to locate a chipping site in the City for the purpose of diseased wood recycling. BACKGROUND: Over the past few years the City has disposed of diseased elm and oak trees in three ways; chipping, landfilling, and burning. From 1973 to the spring of 1977, Hennepin County operated a chipping site at the Flying Cloud Landfill. This chirping site was closed in 1977 in conjuction with the opening of a series of recovery and disposal sites throughout the county. After the chipping site closed the City onted the chipper to enhanc: the sanitation effort on properties having large numbers of trees requiring disposal. • The landfill has continued to accept tree debris from the City and neighboring areas. The present rate for tree disposal at the landfill is $10.50 per ton. • The City is not charged for its disposal at the landfill. During 1977 approx- imately 65% of the City's diseased trees were disposed of at the landfill. ., Open air burning as a method of disposal has been used by private property owners with large numbers of diseased trees with poor accessability. Property owners applied for open burning permits from the Minnesota Pollution Control Agency (MPCA), in conjunction with the City Fire Marshall's approval. At the present time Hennepin County is working in conjunction with the Metropolitan Inter-County Council (M.I.C.C.) to provide the seven county metro area with chipping sites for the disposal and recyling of diseased wood. The seven county plan is called MATHS for Metro Area Tree Utilization System. Northland Pulp, Inc. has been awarded preliminary approval to operate these chipping sites. If North- land Pulp should default then Hennepin County would assume the responsibility for running the site for the remainder of the year. Hennepin County is proposing to have two chipping sites, one in Maple Grove and the other in Aden Prairie. These sites would provide free disposal of diseased elm and oak wood ie. "0" drop charge. The site would be open to municipalities as well as the general public. • Northland Pulp, Inc. -2 2/17/78 LAND USE: The location of the proposed site is between Washington Ave. and T.H. 169 in the northeastern section of the City. The property contains a gravel pit that is owned by Astleford, Carter, Hagen, and Mason. The chipping site is 13.14 acres in size. The site is bordered on the east by Wilson Learning Corporation and the Jason Mork Building. The area north is a gravel pit which is still • operating. Approximately 15,000 yards of gravel are mined per year according to the owners. Hanson Auto Carts, Judd Ringer and Circle Rubber are to the west of the site. The property south of the site is owned by Swendseen and is wooded. . (Enclosed is a list of the adjacent property owners contacted by the County). LOCATION VMAP: ii /�;� �I �. �� ` g011 t- ,"'`1I{{.. 7; __ of (1, • r ►C�y��;> t r tI Y /14 :26r \ z j3, ,1 H,r4r,i5e,,xi 11\ t'q1l xo. si FA-15 ;1 ri ukspl, eft 22_ ' 2 .l 10- $tTF c 7� , \, o • �i Z-SPRK J 1' -41 sWi a tsr.t __ I j ��--2, 12-2 ; 1,J ---_-_-,A.� 1 } f flI. 1 -_ SITE ANALYSIS: Access: The traffic would enter the site from Flying Cloud Drive (County Road 61) at a point approximately 600' north of the T.H. 169 and County Road 61 bridge intersection. It is estimated that 100 to 150 trucks per day would use the site. This includes trips to bring in tree debris and trucks hauling the chips away. The daily traffic count on T.H. 169 in the area of County Road 61 is 17,800 vehicles per day. The entrance to the site will have a lockable gate to prevent the dumping of unwanted materials when the site is closed. The entry road is to be maintained by the County year-around, this will include dust control. The staff recommends that the present gravel pit entrance from Washington Ave. should be closed so that it doesn't provide access to the Site for after hours dumping. Northland Pulp, Inc. -3- 2/17/78 LAND USE: The zoning of the property which the site is located on is I-S Park. This zoning prohibits outside storage of raw materials, supplies, finished or semi- finished-products and equipment. The operation of a chipping site would require outside storage of tree debris and chipping equipment. Consequently, the operation of a chipping site at this site would require a temporary permits. • SOILS, TOPOGRAPHY, GRADING • The site is located on a relatively level area. The soils in this area consist of primarily sand and 'gravel with some demolition debris mixed in. There was no grading plan submitted with the proposal. However, after physical review by the staff and representatives of the County it was determined that minor grading would be needed. The County would be performing all necessary grading to level the chipping site and provide an adequate entrance road. VEGETATION The site vegetation consists of grasses and weeds with no trees. The area south of the site is heavily wooded with the primary species being elm, oak, basswood and birch. Dutch elm disease (DED) is present in this area. There are a number of DED identified trees present on this property and adjacent properties. The staff feels that these trees should be removed prior to April 1, 1978. Approx- imately 70 of the elm trees in the adjacent areas have been infected with DED. The disposing of diseased elm wood at this site for processing would have Iittle or no effect on the already heavily infected wooded area to the south if processed according to applicable statutes, rules, regulations and ordinances. The proposed 1978 Minnesota Shade Tree Program Rules states that Grants-In-Aid disposal utilization systems must be ..."able to render wood pest-risk free within five (5) days of delivery t.o the site "... The staff recommends that the chipping operation should be carefully monitered by the City and County staff to avoid any build-up of trees which could not be processed according to the proposed State regulations. • OPERATION OF h IP SITE: The noise generated at the chipping site will he relatively loud in the immediate area of the chipper. The County has provided noise level readings from a chipper similar size and design (attachment). The proposed chipper is allegedly quieter but no dB readings are available at this time. A sound test was conducted on February 6, 1978 by the County for Mr. Robert Brown of Wilson Learning Corporation. The test results indicated that no noise vibration was picked up by Wilson Learning Corp. studio instruments. (See attached copy of letter). The visibility of the site will be minimal from Flying Cloud Drive. Partial or complete screening is accomplished by topographic changes. and/or vegetation. When viewing the site from the cast it has a high visibility from the parking lots of Wilson Learning Corporation and the Mork Building. The distance to the southeast site corner to the Wilson Learning Corporation parking lot is approximately 500'. The closest property line from the Mork parking lot is approximately 600'. The visibility of the site is a minor consideration unless the property adjacent to the site should become developed. Northland Pulp, Inc. -4- 2/17/78 CHIPPING SITES PUBLIC SERVICE ADVANTAGES: 1. Would not depleat landfill space with bulky tree debris. 2. Would not increase the present tree hauling costs or time. 3. Located in an area of the City where the damage done by DED is already severe. 4. Other communities and tree services would not haul tree debris the length of the City along T.H. 169-212 which is the present situation. S. Recycling of a valuable natural resource . {, 6. Chipping site location has low visibility. RECOMMENDATIONS: The staff recommends approval of the proposed site, for the purpose of recycling tree wastes subject to the following conditions. 1. Closing of the gravel pit entrance from Washington Ave. 2. The drafting of a Temporary permit by the City Attorney specifying the terms of the permit. To include hut not limited to: • a. Operation of the chipping site for a one (1) year period with a staff review prior to extention of the permit for an additional year. b. The operation of the site must comply with all applicable statutes, rules, regulations and ordinances. c. The City staff has the right to moniter the chipping site and close it if existing conditions justify such action. d. The use of this site for a chipping operation constitutes a temporary use, and is not for all intents or purposes a representation of future land use. • • DEPARTMENT OF ENVIRONMENT AND ENERGY •`"` 7)--- 320 Washington Av. South �� Hopkins, Minnesota 55343 `.,,.. It HENNEPIN 935-3381 ___I—L. 24 January 1978 • Mr. Roger K. Ulstad, Manager City of Eden Prairie 8950 Eden Prairie Road .. Eden Prairie, Minnesota 55343 Dear Mr. Ulstad: } :t The County of Hennepin requests appropriate approval from the City of Eden Prairie to open a diseased shade tree utilization site within city limits. This site would be used for the dis- posal of diseased elm and oak wood. The enclosed map shows the location of the site in the northeastern part of Eden Prairie, r between T.H. 169 and C.R. 18. Also enclosed is a written proposal covering background, reasons for site selection and information concerning site operations. Property owners within 1000 feet of the site are being contacted and the program explained to show how it will not adversely affect their property. County personnel will be available at your request for any council meeting or other meeting to answer any question concern- ing this request. `a Sincerely, .z.);_-zzit, A.(7,_di,#1... . 1 Luther D. Nelson, P.E. Director I. LDN/MKB:lp Enclosures ! , HENNEPIN COUNTY 1 I on equal opportunity employer 3},U PROPOSAL EDEN PRAIRIE CHIPPING SITE 1. BACKGROUNO During 1978, estimates are between 80 and 100,000 trees will be lost to Outch elm disease in Hennepin County. Numbers of this magnitude shows a definite need for proper disposal facilities. At the present time, Hennepin County is burning trees in the City of Maple Grove. Because of the amount of wood that is being burned, burning is a large scale problem. Complaints from citizens living close to the burning site and also living as far away as one-half mile, have shut the burning site down a large share of the time during the past summer. Hennepin County also had to close down a burning site in the City of Minnetonka this past summer. This was due to complaints from residents surrounding the burning site. Through the Metropolitan Inter-County Council, the seven counties have been working with Northland Pulp, Inc. to bring about a solution for processing wood from Dutch elm disease. Part of this solution is that each county will provide sites where the diseased wood can be de- posited for recycling. Hennepin County will have two sites for the disposal of trees. One site is located in Northern Hennepin County in the City of Maple Grove. This site is located in the gravel pit presently owned by the County. A second site is needed for the southern half of Hennepin County. The northeastern quarter of Eden Prairie is a very ideal location for a site because of the central location in the southern part of the County and excellent highway access. Several sites were suggested in this area and were eliminated because of various reasons. They range from - 1 - (oo residents being too close to the site, future development being too close to the site, and the land not being available. The site chosen for the disposal site in Eden Prairie is located between Washington Avenue and T.H. 169, just east of the intersection with C.R. 61. This area is adjacent to a gravel pit that is still oper- ating. The property is owned by Astleford, Carter, Mason and Hagen. II. REASONS FOR CHOOSING SITE This site being between T.H. 169 and I-94, C.R. 62 and C.R. 18 offers good access for the surrounding communities. The entire southern half • of Hennepin County, including the southern part of the City of Minneapolis, will have good access into this site by these highways. This site is a large area previously filled with demolition debris and general fill. It is in a relatively remote setting with no residen- tial ar:r. being close. The owners cf this area have been contacted in regard to the leasing of this property and have indicated they would accept the minimum two year lease at a cost of $8,000 per year plus an option to renew with one years notice. • The size of the area that Hennepin County would be leasing would be a triangle figuration approximately thirteen acres in size. At the present time, the area is zoned I-5. • III. OPERATION OF SITE The site will be open and operating at least eight hours a day, five days a week throughout the year. Northland Pulp, Inc. will operate this site for more than eight hours per day or on Saturdays, Sundays or legal holidays if there is sufficient demand to necessitate additional operation. Northland Pulp, Inc. will operate this site in conformance with all applicable statutes, rules, regulations, and ordinances. The operation _ 2 'Yr,I will conform to all conditions contained in permits obtained for this site. Noise from the chipping operation is loud when present on the chipping site, but attached decibal readings for machinery of this sort will show that decibal readings become low when a distance from the chipping site. There are no residential areas close to the chipping site that would be affected by the noise of this operation. Traffic into this site will be off of T.N. 169 using the intersec- tion of C.R. 61. Estimates are that approximately 100 to 150 trucks will be using this site per day. This compares to 17800 vehicles that pass by this area every day on T.H. 169 and C.R. 61. There will be no significant increase in traffic. Security for this site will be maintained by having a gate at the access point to the site. This will help to deter anyone trying to dump garbage or other material at this site when the site is not open. The problem of dust will be kept to a minimum at this site and the access road leading into the site. Calcium chloride, oil coatings, or some other method will be used to keep the dust at a minimum. If for any reason at all Northland Pulp should default on their contract: Hennepin County will take over the running of the site. This means that Hennepin County will run the site for the remainder of the year and dispose of all diseased wood for that year. A new system would have to be worked out for subsequent years after that. Both the State of Minnesota Shade Tree Program and the University of Minnesota have accepted chipping as an acceptable form of disposal for diseased wood. Attached are letters from the State of Minnesota and the University of Minnesota stating their stand on this subject. The chipping site will be run'following the rules and regulations set forth by the State of Minnesota Shade Tree Program. - 3 - �L,a It is therefore requested that the City of Eden Prairie approve the use of this site for recycling tree wastes as outlined in this proposal. MKB/lp 1-16-78 is F - 4 - �L3 NOISE LEVELS OF METRO CHIPHARVESTER April 13, 1972 , 40 ft. W * 94 dB WO 85 dB 100 ft. W 89 dB WO 80 dB 200 ft. W 79 dB WO 70 dB 300 ft. W 72 dB WO 65 dB 400 ft. W 73 dB ' WO 62 dB 500 ft. W 70 dB WO • 62 dB • 600 ft. W 72 dB WO 63 dB 700 ft. W 65 dB WO 60 dB * W - Engine running and wood in the chipper mill. * WO- Engine running without wood in chipper mill Winds were over 20 mph which gives a slight adverse effect to the accurracy of the readings. • The "W" readings can vary approximately 5 dB up or down depending on whether brush (lower readings) or logs arc being chipped. DGW/lp ' 4-13-72 3q . tliM p4/.M STATE OF MINNESOTA • DEPARTMENT OF AGRICULTURE . SHADE TREE PROGRAM • 600 DIMMER BLDG. IT.PAUL.MINNESOTA 55101 LAND OF QUALITY FOODS TELEPNONEa 16121 2564560 September 13, 1977 Mr. Michael Brandt Department of Public Works 320 Washington Avenue South Hopkins, MN 55343 Dear Mr. Brandt, Apparently some communities have expressed to You their concern that the chipping of elm wood material is not an acceptable method of Dutch elm disease control. The Minn- esota Department of Agriculture - Shade Tree Program has discerned that 'diseased elm wood chipped or shredded con- stitutes no hazard to the spread of Dutch elm disease". It is telt that the chipping process destroys any beetle retained within the elm wood material. Elm bark beetles look for a large surface area, such as an elm loq, in which to breed. The beetle's natural instinct is to perpetuate itself with as large a placement of eats as possible. A wood chip does not seem to offer the "spaciousness" that the beetle instinctively requires. Therefore, a wood chip is of no danger to Dutch elm disease control. I hope with this letter that any community which questions the chipping process of elm wood material will he assured that it is indeed an effective control measure for Dutch elm disease. I might also add that chipping is an accept- able disposal treatment of trees infected with the oak wilt fungus. Sincerely, MINNESOTA DEPARTMENT OF Ar,RICULTl1RE 177y, 'N& Meg Hanisch Plant Wealth Specialist MH:dh ENJOY THE HIGH QUALITY AND INFINITE: VARIETY OF MINNESOTA FOODS . AN EQUAL OPPORTUNITY EMPLOYER • • AGRICULTURAL EXTENSION SERVICE i t 1, ;i UNIVERSITY OF MINNESOTA Department of Entomology,Fisheries and Wildlife • L li Hodson Hall 1980 folwell Avenue St.Paul,Minnesota 55108 September 23, 1977 • Mr. Michael Brandt Hennepin County Department of Public Works 320 Washington Ave. S. Hopkins, MN 55343 Dear Mr. Brandt: Chipped elm wood is compatible with Dutch elm disease curtailment and can be used without becoming a hazard to Dutch elm disease spread. European elm and native elm bark beetles require elm wood of moderate moisture content with intact bark for successful breeding. Chipped elm material rapidly loses moisture and becomes unsuitable for continued and future bark beetle development. The only problem with chipping involves survival of beetles already in the adult stage at the time of chipping. However, the chipping process mechanically destroys many of these adults and most wood being chipped should not contain adult beetles. Therefore, chipping elm material is a recommended method for disposal of elm wood. Sincerely, • ! ti_C1..Lr 1 Mark E. Ascerno Assistant Extension Entomologist, Ph.D. MEA/bam • • • UNIVrIeSITY OF M/NNESOTA.U.S.DEPARTMENT OF)AORICUI TUNE.AND MINNESOTA COUNTIES COOPERATING 14117 This is a list of property owners near or adjacent to the proposed Hennepin County wood processing site in Eden Prairie. Prudential Insurance Co. of America NCIO Property Section 5036 P.O. Box 70 Minneapolis, MN 55440 Mr. Arlyn Hanson . Hanson's Auto Parts 6901 Flying Cloud Drive --Eden Prairie, MN 55344 Mr. E. J. Dvorak 6745 Flying Cloud Drive Eden Prairie, MN 55344 BBC, A Partnership 6975 Washington Ave. So. Edina, MN 55435 The G. T. Mork & Co., Inc. 6860 Washington Ave. So. Eden Prairie, MN 55344 Mr. Antoine J. Poppelaars 5326 Lochloy Drive • ' Minneapolis, MN 55436 Eberhard - Property Management P.O. Box 1385 Minneapolis, MN 55440 The 3H Company Carlson Stapler 9855 Hamilton Road Eden Prairie, MN 55344 Wilson. Learning Corp. 6950 Washington Ave. So. • Eden Prairie, MN 55344 14r. H. Bren 4820 Minnetonka Blvd. Minneapolis, MN 55416 The above were contacted by letter explaining what is planned. FRO/lp 2-16-77 DEPARTMENT OF ENVIRONMENT AND ENERGY =�t;, :, 320 Washington Av, South 4 1.57 Hopkins, Minnesota 55343 HENNEPIN 935-3381 6 February 1978 Mr. Robert Brown Wilson Learning Corp. - 6950 Washington Avenue South Eden Prairie, Minnesota 55344 Dear Mr. Brown: This letter will serve as documentation of the noise-vibration test which was held on the proposed diseased tree disposal site on February 6, 1978 at approximately 9:30 a.m. The test was run to determine if the operation of a wood chipping machine would create noise-vibration problems to the delicate instru- ments used in your operation. Having watched the operation for a short period of time, you informed me no noise or vibration was picked up by your instruments and therefore our operation would not create a problem. It will be necessary to have earth moving machinery operating at the site for a short period of time to accomplish a preliminary grading of the site. You indicated to me that we could work around this and it would not create problems for you. I will be in contact with you prior to the time of the grading. We will be utilizing the above information in discussions with the City of Eden Prairie. If you wish to add anything or have any further concerns, please contact us. Thank you for your cooperation. Sincer ly F. R. 0 ermeyer Senior Environmentalist FRO/lp Cc: L. P. Nelson Stuart Fox, City of Eden Prairie • HENNEPIN COUNTY an equal opportunl'y employer 3(,i February 21, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA RESOLUTION NO. 78-33 RESOLUTION RECEIVING FEASIBILITY REPDRT AND CALLING FOR A HEARING (I.C. 51-315) WHEREAS, a report has been given by the City Engineer to the City Council on February 21, 1978, recommending the following improvements to wit: I.C. 51-315, Sewer and water trunk extensions and street improvements in the Round Lake area. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Sect. 429-011 to 429.111, at an estimated total cost of the improvements as shown. 2. A public hearing shall be ^1d on such proposed improvement on the 4th day of April, 1978, at 7:30 P.M. at the Eden Prairie City Hall. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk "3{a°1 7 February 21, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 78-34 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (I.C. 51-301A) WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., has prepared plans and specifications for the following improvement, to wit, I.C. 51-301A, City Well #3 pump, motor controls, pumphouse and discharge line and has presented such plans and specifications of the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. 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 10:00 o'clock A.M. on Thursday, March 23, 1978, 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 ATTEST: SEAL John D. Frane, Clerk 3')O MEMD TD: Manning Commission • FROM: Chris Enger, Manning Director DATE: Feb. 9, 1978 SUBJECT: MN DOT PROPOSED CHANGES AT CO. RD. 18 & I-494 Included with your packet is a letter dated January 6, 1978 from William Crawford , District Director , MN Dot, District V. MN DDT is planning an interchange improvement at 1-494 and Co.Rd. 18. They feel this is necessary because of the ramp terminal and frontage road problems. The effect upon Eden Prairie is the termination of Washington Avenue in a cul-de-sac. This would allow traffic to enter the Smetana Lake Area from Co. Rd. 18 to Washington Avenue South, but would not allow access to Co. Rd. 18 from Washington Avenue South. With the limited access points for this large industrial area occurring today, the Planning and Engineering Departments and the Planning Consultant feel that terminating of Washington Avenue is unacceptable. We do, however, recognize the problems of congestion at Washington Avenue and Co. Rd. 13 today. The follciring conditions for approval of MM DOT's proposal would be appropriate when taken in the context of the Guide Plan Update: 1). In order to facilitate traffic desires westbound on • 1-494 coming from Washington Avenue, an on-ramp from Washington Avenue west should be carefully studied. This would allow changing Washington Avenue to a one-way from Co. Rd. 18 and would prevent the 'U-turning' movements occurring from Washington Avenue to westbound 1-494. 2). A bridge be constructed over 1-494 from Washington Avenue to West 78th Street. This would tie the office/industrial area of north Anderson Lakes together with the Smetana Lake Area and also allow east bound I-494 access from Smetana Lake Area. 3). West 78th Street occurring south of I-494 be continued straight edst over to Co. Rd. 18, rather than angling south through the Bloomington single family area. RECOMMENDATIONS: The Manning Staff recommends the Manning Commission recommend to the City Council, a resolution which'would oppose the upgrading of the Co. • Rd. 18/1-494 interchange unless these items are included as a part of the upgrading. CE:jj ?a71 • cnwwvu+:-t'.^ - oa.n-., L...arA:: '.:.t ! •._:[.tE • .- ..,_:<...rT ''7 r.. .nl /1\ ` �� • 0.: • TIIOM , ~y X ,� RE2W RZJW V O r Om' qo ° p • �/ o ee • G j • V -- c if LANE 4i�. 0, \\--___I-_-_-:_-_ _ . ORYANT'S JuI N HD 41 \ ..... q_____.. LDN6 '1 P LAKE ° >. er.3\\ k9 N/HF Q o _ Lc a /j!t YtkAlgy J, I VIE1Y i z I.4 P I L te \- \\ - `11 it r /I� I CREEK `--.�___� l p • L-----'-\''. -,/ i . i, Is it i• y,� LJ 4. \ �f mow._ p O T . 4 _ • ___� '`"-ANDEH50.tl ` •\ PRNAINlRE µ I+-_- LAKE _•' - ' ;tneeNEP %/ ' t� ht� ` / 11. • , • . . . I,., IV It 1 . I . . , . •, ' I ) , : : . . s!..st ' • I , • . , I . I , I .1 , 1 l '•', • .'. . . •o: . \ \.....k_5___‘ .... _ 3-..;....._WA 1•11K.,:tc1,1_2?Yc4.. ' ., ./ .;•k%. •.'- i's• . I . CI --- 13 V-•‘. .' .'''-'°' - -J',7,'!,•„:1----li., nr,:g . /• (-> LI ; U.4 I . —T•4--- I v. V r .% • I . t ''•- vek 1, • \ / 2"'-' ,/ • ,t. ,,,,.,"•••,•••• • i \•' 1 . As •1 . ,..,-.• -\ .... . „.......„--. I .1 /‹..... //6,,'. . ‘.' I: • la ,. . . 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I . . i. w;•Ir., Is V.I. .....- . .1 • I 1 ' ; I I • • 01kesOti o� " ° Minnesota Department of Transportation • a ti �Qo District 5 • �yrOF 1ON'� 2055 No.Lilac Drive Golden Valley,Minnesota 55422 (612)545.3761 • January 6, 1978 • In Reply Refer To: 315 E.P. 2735-188 (I-494) At the Interchange of C.S.A.H. 18 Dear Mr/Ms: The Minnesota Department of Transportation, (gin/DOT), will. hold a public hearing to discuss location, major design features, and social-economic effects of proposed improvement: at the interchange of 1-494 and C.S.A.H. 18, in Bloomington, Hennepin County, State Project Humber 2785-188. The hearing is scheduled for February 21, 1978, at 7:15 P.M. in conjunction with the regular meeting of the City Council of Bloomington in the Council • Chambers, located in the Municipal Building, 2215 West Old Shakopee Road. Bloomington. `Ti:nocota. The Vanicipal Paulding will be open at 6:15 P.',. to allow iaearacted ~ so.ss va reviewtwo a 'o o.i nrnjant and attend an in- formal meeting priorto the public hearing. Lin/lOT personnel will be present to discuss the proposal and answer any questions. Written statements and other exhibits in place of or in addition to oral statements will be accepted at the hearing and during a ten day period following the hearing. Those statements and documents will be made a part of the official record. A project development report along with maps, drawings, and other pertinent • information are ::sailable for public inspection and copying at the Minnesota Department of Transportation, Bassett Creek Office, located at 5801 Duluth Street, Golden Valley, 1.iinaceoLa 55422. Written statements or inquiries; should be addressed to the District Information Officer, H. W. Harholdt. Enclosed is an index map shoring the location of the proposed project. Sineo Tl y, • 1r1111c n i.6'.•wietd; a ).. `— District Director / • Enclosure: Index Map 4.fMC:ra • 3 1q M.Equal Op' Z,,nitY raipluycr i .1+43. • i r EDFN F'RAlrili. • - -` 1 •--------- -_ ---- ___- /. u. r i . IJ 111 iI 1 � r 4/°� rl• , .a _� 1 ,,T j !!! tr. i \\\\ r � 11 /j y ' • ,i �/ // I .. 1 ii / • ,,day , — ��—. • 4 .. 1 t i I I tJ i" l f Nam: �, 1 , ; i N o `�I ii 1.n d p • I 1 i 3- S' it' 1, t 11. 1 ce/2-17-78 • RESOLUTION 78-32 A RESOLUTION STATING POSITION ON MINNESOTA DEPARTMENT OF TRANSPORTATION's PROPOSED IMPROVEMENTS TO INTERSTATE 494/COUNTY ROAD !I 18 INTERCHANGE WHEREAS, the City Council of the City of Eden Prairie did receive notice of public hearing in the form of a letter dated January 6, 1978 from the Department of Transportation in regard to proposed improvements at the interchange of I-494 and C.S.A.H. 18, and WHEREAS, said improvements as proposed would severely limit egress from the Smetana Lake Industrial Sector of the City of Eden Prairie by cul-de-sacing Washington Avenue, and • WHEREAS, adequate points of access are vital to the development of the Smetana Lake Industrial Sector of the City of Eden Prairie, and WHEREAS, I-494 has a bisecting effect upon the City, and 'r WHEREAS, the City Council agrees that improvements need to be made to the I-4^4/C.S.A.H. 18 interchange,sirrounding service drives, on and off ramps, and complementing bridges. NOW THEREFORE BE IT RESOLVED, by the Eden Prairie City Council that it is the City's finding that the interchange plans as currently proposed by the Minnesota Department of Transportation will have an adverse impact on the Smetana Industrial Sector of the City, and said plan should include at least the following improvements in order to improve the overall situation at the interchange: 1. In order to facilitate traffic desires westbound on 1-494 coming from Washington Avenue, an on-ramp from Washington Avenue west should be carefully studied. This would allow changing Washington Avenue to a one-way from Co.Rd. 18 and would prevent 'II-turning' '1 movements occurring from Washington Avenue to westbound • I-494. . 2. A bridge be constructed over I-494 from Washington Avenue to West 78th Street. This would tie the office/industrial area of north Anderson lakes together with the Smetana Lake Area and also allow east bound I-494 access from ' Smetana lake Area. 3. West 78th Street occurring south of 1-494 be continued straight east over to Co.Rd. 18 , rather than angling south through the Bloomington single family area. Resolution 78- page 2 BE IT FURTHER RESOLVED, that if after study of such alternatives and other modifications the Minnesota Department of Transportation can accomplish results equal to or better than listed, to the satisfaction of the Eden Prairie City Council, the City Council will endorse these interchange improvements. • ADOPTED this day of , 1978. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL 311 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA CLERK'S LICENSE LIST February 21, 1978 PLUMBING Berghorst Plumbing & Heating {. London Plumbing & Heating, Inc, GARBAGE AND REFUSE Ralph W. Bright PRIVATE KENNEL LICENSE Charles Gould Harold Jenkins Theses licenses have been approved by the department head responsible for the licensed activity. 414-Wet "LU.A/AeM(1104,-- Rebecca Quernemoen These licenses have not been approved by the department head responsible for the licensed activity. PRIVATE KENNEL LICENSE Jerome Burns - Attachment * * Does not have the one acre requirement 3 11 February 8, 1978 TO: Becki Quernemoen FROM: Keith Wall SUBJECT: Jerry Burns Private Kennel Application There have been several problems with the dogs owned by Mr. Burns; therefore, I would appreciate your providing the City Council with the following information: 1. See attached statement submitted by the MAPSI Animal Control Officer 2. 2-20-73, Citation #61-006085; Dogs running at large 3. 12-22-75, Citation #31-016251; Dogs running at large 4. 5-20-76, Citation #32-009285; Dogs running at large 5. 6-3-76, Citizen's Complaint, #76001066, Dog Bite 6. 6-23-76, Citizen's Complaint, #76001194, Oogs Chasing Passersby 7. 7-7-76, Citizen's Complaint, #76001325, Dogs running at large 8. 7-16-76, Formal Complaint - Wayzata Court - Dogs running at large 9. 5-21-77, Citizen's Complaint, #77001196, Dogs running at large • 31! • C. c� • SUPPLEMENTARY INVESTIGATION REPORT I.C.R. NO✓'��� a�+7 PACE / OF • • • 3 • /� b:4 tala 1y ram.,. tcuc�;O oC '�•s a Isasko SsLSS� Yr rs !1✓L et 4( :ar1 �& c o* r_.,„y4 t4: l �oa( . A�SA S U3 y�,�:e�rr.��/A' "'` ' 15 j'pttP2^alae _Q[),r,,,S _.j C� Ao4 kp� r Ola"_ -logs i (tt�Lr Gan�ad��y �,i,.� S�r� 4-��ck o.4.14 A64 CA..,,__ 1 (Stf� •��g�?'^c�r 'LY�A�� �Cn� [A3�� ta�T Gnu 9 �r( ( [sSorsP. a_ctsa ,ems G.A. or 41.1 • SIGNED i7�. DATE A -y��- iwvF.sTw•TrwC OFFICE. -'{t/:O • OCTOBER 1, 1974 a • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 886 RESOLUTION ESTABLISHING ASSESSMENT POLICIES FOR THE MAJOR CENTER AREA • RING ROAD PROJECT STR 72-9-26 AND VOIDING PREVIOUS COUNCIL RESOLUTION NO. 738 BE IT RESOLVED, by the City Council of the City of Eden Prairie, that • the following policies with respect to financing of the Major Center Area Ring Road (Project 72-9-26) are herein established: 1. special assessments will be levied for up. to ninety-five.(95%) percent • of the local share of the improvement costs (total costs less • y unicipal State Aid funds and any other State o; County partici- fating funds). Properties to be assessed shall be those indicated on Project assessment maps to be prepared by the City staff and • approved by the City Council on or before the special assessment • hearings for the project. Such properties to be assessed shall Le those abutting the Ring Road, within the Ring Road, those © for v" ch the Ring Road will be the primary access to County, State and Federal highway systems and those properties included in the approved Major Center Area Planned Unit Development (MCA-PUD). . 2. Five (5%) percent of the local share of the roadway costs will be derived from the general community. This general community share may be derived through use of Municipal State Aid funds (NSA), revenue sharing funds, or from additional general tax income to the City resulting from increased valuation from development in the Major Center Area. The City Council shall have the auth- ority to pledge up to fifty (50%) percent particiaption only if tax laws permit a greater share of new commercial and industrial assessed valuation to remain with Eden Prairie. • 3. S1.4 City will continue to strive for greater cost participation from the State and Hennepin County because the Ring Road serves many regional facilities. • 4. The City will continue to seek to initiate legislation creating a special tax district similar to those associated with urban renewal projects, for the purposes of tax-increment financing for a por- tion of tie local shake of the roadway costs. 0 • • -2- 5. Those properties within the assessment district for said project • which are utilized for homesteaded single family detached resi- dential purposes and those properties owned by religious insti- tutional organization as of October 2, 1974 shall be assessed for possible benefits from said project but collection of such assess- cents shall be deferred until such time that rezonings to some other land use for said properties should occur through official action of the City Council. It is the intent of the City Council as of the date of this resolution that rezonings of such home- steaded single family residential and religious institutional properties shall occur only upon request of the legal owners of such properties. Deferred interest shall be charged against said properties But shall not exceed fifty (50%) percent of the prin- cipal assessment. 6. Conservation areas identified on the project assessment map (see #1) shall be exempt from assessments. 7. Construction of the Ring Road shall be phased as lard development and traffic volumes warrant or as petitioned by property owners • of a given•quadrant and as ordered by the.City Council. 8. Assessment rates for the Ring Road Project, pursuant to H.F. No. 3142, Chapter No. 197, Minnesota Statutes (copy attached • as Exhibit A) shall be determined and applied as follows: A. o^.se Rate Method The entire assessment district shall be assessed for twenty- five (25%) percent of the local share to be assessed for the roadway improvements on an equal, per acre basis. This Base Rate assessment represents general benefits to the assessment district such as bridge structures, ramps, road- . way drainage facilities, lighting and signals. B. Front Foot Method Those properties abutting either side of the fully improved Ring Road shall be assessed at the rate of fifty ($50) dollars per abutting foot. If the roadway is constructed in phases, this rate shall be adjusted accordingly. • C. Land Use/Trip Generation Method • The assessment rates computed by this method shall apply to all properties within the assessment district and shall be in proportion to the traffic trips generated by each respec- tive property as related to land use in conformance with the MCA-PPD. The amo.:nt assessed under this method shall be the local share to be assessed less the amounts assessed under the Base Rate and Front Foot Methods. • • 321 • • • -3- The following traffic generation rates shall be utilized in computing the Land Use/Trip Generation Pates: • Land Use Daily Two-way Trips • • Per Acre * • Regional Commercial 600 Regional Office 264 • Regional Service 300 Highway-Commercial 500 - Industrial Office 230 • MCA Low Density Housing 96 MCA Medium Density Housing 140 MCA High Density Housing 280 *These rates are derived from "Table 4, Traffic Generation For Various Land Uses, 494/100 Southdale Corridor Trans- portaticn Study, prepared by Daniel, Mann, Johnson & Mendenhall. D. Assessments for Utilities Storm sewer facilities necessary to drain the Ring Road Roadway and Right-of-Way and miscellaneous sanitary sewer and watermain crossings will be considered as general benefit to the assess- ment district. Storm sewer oversizing, sanitary sewer and water- main laterals will be assessed to those properties specifically • benefitted per usual City assessment policies. • • • • • • • • • • 388 • -4- 9. The City Council will levy assessments for the Ring Road Project ' eonsistsnt with the terms of the resolution as frequently as • necessary to correspond with the construction phasing of the • project. The City Council intends to periodically review all • land uses with the assessment district and to adjust assess- ment rates and re-assess the project as necessary to help insure . that assessment costs are distributed equitably. 10. Previous Council Resolution No. 738 is herein declared null and void. . ADOPTED by the City Council on September 28, 1974 Vlerizeija eigtagoe David W. Osterholt, Mayor ATTEST: SEAt jj' t 29 • 3 i . Jchn ll`1Frane, Cit Clerk • V •1. • . 3gc .