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City Council - 03/07/1978
• 3 EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 7, 1978 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 Community Services Bob Lambert;Engineer Carl Jullie; and Donna Stanley, Acting Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. CONSENT CALENDAR(O+ie motion to approve all items on Consent Calendar) A. Set Public Hearing for Amsden Hills III, Preserve, rezoning to R1-13.5 , for April 4, 1978. Page 390 3. Set Public Hearing for Bryant Lake View Estates, rezoning to R1-22, for A-Fil 4, 1978. Page 391 C. ice..=.._of Claims Nos.8317-9005 Page 392 • III. MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY, FEBRUARY 7, 1978 Page 395 IV. PUBLIC HEARINGS A. Hennepin County Library Site, request to rezone 2 acres from Rural Page 412 to Public for cc.struction of future library. The site is located north of Schooner Boulevard and south of Eden Prairie Shopping Center. (Ordinance No. 78-11) B. COR Investment,. request to preliminary plat and rezone from Page 424 Rural to RM 6.5 and Community Commercial approximately 19 acres in the SW corner of TH 5/Co.Rd.4, for 4 commercial lots and 14 duplex lots. (Ordinance 78-09, RM 6.5) (Ordinance 78-10, Community Commercial) ( Resolution 78-37 Preliminary Plat) V. REPORTS OF ADVISORY C0IMISSIONS A. Human Rights Commission 1. Ordinance # 338. Page 425 2. Commission Name Change. Page 426 • Council Agenda -2- March 7, 1978 VI. ORDINANCES AND RESOLUTIONS A. 2nd Reading of Ordinance No. 77-37, rezoning 38.2 acres for Page 427 Edengate by Gerald 8. Pautz & Pautz-Franklin Realty from Rural To RM 6.5 for 176 units, and rezoning agreement. B. Resolution No. 78-38, Circle Rubber Co. request for preliminary Page 446 approval of 5600,000 MIDBs. C. Resolution 78-39, Relating to CDBG Funding_ Page 449 VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Amendments to Sign Ordinance Page 452 B. Report of City Attorney 1. Status on Court's restraining order prohibiting jets Page 458 from flying out of Flying Cloud Airport. C. Report of City Manager D. Report of Community Services Director 1. Round Lake School/Park Deed. Page 459 2. Authorization to bid 1978 park construction materials. Page 463 E. Report of City Engineer 1. Final plat approval for Maple Leaf Acres 4th Addition. Page 465 (Resolution 78410 ) F. Report of Finance Director 1. Clerk's License List Page 469 IX. NEW BUSINESS X. ADJOURNMENT • MARCH 7, 1978 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 12-30-78 8317 VOID OUT CHECK (17,710.00) ; 02-16-78 8883 VOID OUT CHECK 02-17-78 8884 QUALITY WINE CO. Wine 54.39 8885 MIDWEST WINE CO. Wine 12.00 8886 EAGLE DISTRIBUTING Wine 300.82 8287 PEPSI-COLA CO. Mix for Liquor Store 14.70 8388 GOLD MEDAL BEVERAGE Mix for Liquor Store 29.30 8889 COCA-COLA CO. Mix for Liquor Store 94.90 8890 SEVEN-UP CO. Mix for Liquor Store 24.50 8891 LEDING DISTRIBUTING CO. Beer 906.65 ! 8892 LAKE REGION BEVERAGE Beer 536.62 8893 THORPE DISTRIBUTING CO. Beer 1,045.30 8394 BEER WHOLESALERS Beer 2,063.95 8895 DAVIDSEN DISTRIBUTING Beer 11.30 8896 DAY DISTRIBUTING CO. Beer 1,029.92 8897 MIDWEST WINE CO. Wine 230.45 8898 OLD PEORIA CO. Liquor 349.80 8899 TWIN CITY WINE CO. Wine 5D9.31 8900 JOHNSON WINE CO. Wine 912.16 8901 GRIGGS, COOPER & CO. Liquor 223.59 8902 QUALITY WINE CO. Wine 37.63 8903 ED PHILLIPS & SONS Liquor 346.85 8904 STATE OF MINNESOTA Jan. sales tax report 1,790.93 2905 PETTY CASH Reimbursement of fund 48.37 8906 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employer ASSOCIATION contribution 2-17 payroll 6,374.04 8907 STATE OF MINNESOTA Taxes withheld in February 6,542.36 8908 SUBURBAN NATIONAL BANK Bonds deducted in February 318.75 8909 UNITED WAY Donations withheld 2-17 payroll 27.12 8910 FEDERAL RESERVE BANK Taxes withheld 2-17 payroll 7,630.67 8911 LES BRIDGER Expenses for investigation 200.00 8912 TOM BROWN Expenses for investigation 200.00 • 8913 BILL BLAKE Expenses for investigation 200.00 8914 TWIN CITY WINE CO. Wine 115.43 8915 GRIGGS COOPER & CO. Liquor 298.86 8916 JOHNSON WINE CO. Wine 734.97 8917 EAGLE OISTRIBUTING CO. Liquor 468.53 8918 MIDWEST WINE CO. Wine 417.62 8919 ED PHILLIPS & SONS Liquor 865.16 8920 METROPOLITAN WASTE CONTROL COMMISSION Jan. SAC charges collected 7,524.00 8921 INTERNATIONAL UNION OF OPERATING ENGINEERS February dues withheld 187.00 8922 AMERICAN PUBLIC WORKS ASSOCIATION Membership dues 120.00 • 8923 AMERICAN WATER WORKS ASSOCIATION Dues for Carl Jullie 100.00 8924 A & J ENTERPRISES Refund for vending machine licenses 42.00 :-c • March 7, 1978 03-07-78 8925 ADVERTISER Tree inspectors employment ad 6.30 8926 ACRO-MINNESOTA, INC. Office supplies 122.13 8927 BEVERAGE JOURNAL Subscription for Liquor Store 6.69 8928 BUSINESS FURNITURE INC. Chair repair-Public Safety dept 27.00 8929 BUDGET POWER HOME CARE CENTER Material-Preserve warming house 142:35 • 2930 BARTON CONTRACTING CO. Sand-Snow and Ice Control 187.43 8931 MAUREEN CONNAUGHTY Refund on jazz dance lessons 12.00 8932 CAROLYN CASSOLA Guitar instructions 886.00 8933 CHANHASSEN AUTO PARTS Equipment parts 311.77 8934 CLUTCH AND TRANSMISSION Equipment parts 42.56 8935 CARLSON EQUIPMENT CO. Supplies-Water dept. 29.62 8936 SPENCER CONRAD Expenses for fire training school 7.60 8937 COLLINS ELECTRIC CO. Electrical service for signal system 4,311.49 8938 COPY EQUIPMENT, INC. Supplies-Engineering dept. 28.72 8939 CROWN RUBBER STAMP CO. Desk signs and rubber stamps 41.72 8940 CARGILL SALT Salt-Snow and Ice Control 364.26 8941 CUTLER-MAGNER CO. Quicklime-Water dept. 1,267.20 8942 CITY OF EDINA Water samples 41.50 • 8943 ECONOMY DICTATION SYSTEMS Equipment repair-Public Safety dept. 11.00 8944 EMMER DISTRIBUTION CENTERS Material-Prairie View Park and Preserve warming house 211.47 8945 EDENLAND CORP. Overpayment of special assessment 373.60 8946 FRONTIER LUMBER Material 424.30 8947 GROUP HEALTH PLAN March insurance 823.95 8948 GUNNAR ELECTRIC CO. Service-Park dept. and Water dept. 409.63 8949 GENERAL COMMUNICATIONS Radio repairs-Fire dept. 144.10 �. 8950 GRANT BATTERY SALES Batteries 213.54 8951 VOID CHECK 8952 HENNEPIN COUNTY Radio equipment-Public Safety dept. 66.BO 8953 HENNEPIN COUNTY Prisoners board-Public Safety 18.00 8954 HEATHKIT ELECTRONIC CENTER Weather monitoring equipment- Engineering dept. Testing 102.51 8955 JACK HACKING Expenses 52.06 8956 MARK HURD ALRIAL SURVEYS Topographic mapping service 4,710.00 8957 ITASCA EQUIPMMENT Equipment parts 9.00 ' 8958 CARL JULLIE February expenses 119.38 8959 JOHN'S WELDING SERVICE Thaw water line-Water dept. 105.00 8960 XOKFSH Athletic uniforms for Public Safety dept. (Donation paid) 999.25 8961 LOCAL GOVERNMENT INFORMATION SYSTEM January service 1,094.39 2962 LADATT BUSINESS MACHINES Office machine repair service 64.50 8963 LEROY SIGNS Sign for Liquor store 661.00 8964 LANDCO EQUIPMENT, INC. Throttle control 21.50 8965 IMARV LAHTI Expenses for fire training school 7.60 8966 STATE OF MINNES0TA Lease for 'Water dept. 2.00 8967 MINNESOTA CRIME PREVENTION OFFICERS ASSOCIATION Membership for Danielski 5.00 O968 MINNESOTA CRIME PREVENTION OFFICERS ASSOCIATION Membership for Larson 5.00 8969 MINNESOTA DEPARTMENT OF EMPLOYMENT SERVICES Employer contribution 1,763.00 897O MODERN TIRE CO. Tire repairs and front end alignment 117.68 8971 MINNEGASC0 Service 214.60 4 • ARCH 7, 1978 • 03-07-78 8972 MINNESOTA VALLEY ELECTRIC Service 3.75 8973 METROPOLITAN FIRE EXTINGUISHER Recharge units-Fire dept. 44.00 8974 METRO PRINTING, INC. Service-Public Safety dept. 50.00 8975 MIKE NEUDECKER Mileage for janitor 4.95 8976 NORTHERN STATES POWER Service-Connection of underground service- THI69 Project 600.00 8977 NORTHERN STATES POWER Service 3,787.67 8978 NORTHWESTERN BELL Service 477.34 8979 PRENTICE-HALL, INC. Books-Water dept. 27.44 8980 RAINBOW SIGNS, INC. Supplies-Public Safety dept. 6.50 8981 DALE REDPATH Artwork services-Park & Rec. dept. 18.00 8982 RIMS ROAD MACHINERY Equipment rental-Community Development project 420.00 8983 RIEKE-CARROLL-MULLER, INC. Service-Well Pumphouse #3, Street & Water Country Vista, Sewer & Water Trunk Round Lake area and Eden View I 21,717.26 8984 SUBURBAN PUBLIC HEALTH NURSING SERVICE Eden Prairie's share for 1978 3,794.00 8985 SONIC ALARM CORPORATION Alarm system-Liquor store 127.50 89B6 DON STREICHER GUNS Gun cleaning supplies-Public Safety 85.41 `. 8987 CHARLES SCHAITBERGER Expenses for fire training school 7.60 8988 STATE OF MINNESOTA Inspection service-TH169-494 15,752.01 B989 SATELLITE INDUSTRIES Portable restrooms-Park & Rec. 257.76 8990 SUN NEWSPAPER Tree inspectors employment ad 24.00 8991 SHAKOPEE VALLEY PUBLISHING Tree inspectors employment ad 8.75 8992 TOWN'S EDGE FORD Repair service 216.86 8993 ROGER ULSTAD March expenses 100.00 8994 UNIVERSITY OF MINNESOTA Workshop for Stuart Fox-Tree disease 9.00 4 8995 WILENSKY AUTO PARTS Equipment parts 5.95 ij 8995 WATER PRODUCTS CO. Meters and equipment parts-Water dept. 528.50 8997 DUANE HOOKOM Mileage and reimbursement for supplies Park & Rec. dept. 20.74 8998 SANDY WERTS February expenses 36.50 8999 DIANNE HANSON Mileage-General services 14.40 9000 MASOTA IKEGAMI Rental of gymnastics equipment-Park & Rec. dept. 100.00 9001 ELIZABETH JOHNSON February services 412.45 9002 CHRIS ENGER February expenses 103.14 9003 ELECTRIC SERVICE CO. Civil defense sirens 15,000.00 9004 GRENDAHL MECHANICAL, INC. Services-City Hall addition 7,159.00 9005 G. G. KRANZ & SONS, INC. Services-City Hall addition 8,370.00 TOTAL 125,116.83 • EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TUESDAY, FEBRUARY 7, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, • Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Ross Thorfinnson; Planner Chris Enger; City Engineer Carl Jullie; Director of Community Services Bob Lambert; and Joyce • Provo, Recording Secretary INVOCATION: Mayor Wolfgang Penzel PLEDGE DF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added under the "Reports of Council Members" category: A. _Discussion on Chemical Waste meetings scheduled for February 13 and February 20, 1978. (See item VIII. A.2) B. Award banquet to present plaques and certificates to past commission/board members. (See item VIII. A.3) MOTION: Meyers moved, seconded by Pauly, to approve the agenda as amended and published. Motion carried unanimously. • II. CONSENT CALENDAR • A. Approve plans and specifications and order advertisement for bids for Country Vista improvements, I.C. 51-311, and for Nygren Estates rovements, I.C. 51-316 (Resolution No. 8- 6 B. Final plat for Maple Leaf Acres 3rd Addition (Resolution No. 78-31) C. Set March 7, 197B as the Public Hearing date for COR investment, request for rezoning from Planned Study to Community Commercial and RM 6.5 and preliminary plat approval of 4 commercial lots and approximately 23 duplex lots. D. Final plat approval for High Point 4th Addition (Resolution No. 78-20) E. Final plat approval for Garrison Forest 2nd Addition (Resolution No. 78-28) F. Registered Land Survey for division of Lots 2 and 3, High Point 3rd Addition 3? Council Minutes - 2 - Tues.,February 7, 1978 II. CONSENT CALENDAR (continued) G. Clerk's License List dated February 7, 1978 H. Payment of Claims Nos. 8569 - 8370 MOTION: Bye moved, seconded by Meyers, to approve items A - H on the Consent Calendar. Roll Call Vote: 8ye, Meyers, Osterholt, Pauly and Penzel voted "aye". Motion carried unanimously. III. MINUTES A. Minutes of the Regular City Council Meeting held Tuesday, January 3, 1978 Pg. 1, item II, in the motion change to read "Osterholt moved, seconded by Meyers". MOTION: Osterholt moved, seconded by Meyers, to approve the minutes of the Council meeting held January 3, 1978, as amended and published. Motion carried unanimously. B. Minutes of the Special City Council Meeting held Tuesday, January 10, 1978 MOTION: Osterholt moved, seconded by Meyers, to approve the minutes of the Special Council meeting held January 10, 1978, as published. Motion carried unanimously. C. Minutes of the Regular City Council Meeting held Tuesday, January 17, 1978 Pg. 3, 3rd para., 3rd line, strike "which". Pg. 4, 3rd para., change Bye's vote from "aye" to "nay". Pg. 5, 9th para., strike "Meyers" and insert "Pauly". Pg. 8, 8th para., 3rd line, after "good" insert "job". MOTION: Meyers moved, seconded by Bye, to approve the minutes of the Council meeting held January 17, 1978, as amended and published. Motion carried unanimously. D. Minutes of the Special Council Meeting held Tuesday, January 31, 1978 MOTION: Meyers moved, seconded by Osterholt, to approve the Special Council meeting minutes of January 31, 1978, as published. Motion carried unanimously. IV. PUBLIC HEARINGS A. Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company. Request for PUD Development Plan approval, preliminary plat, and rezoning from Rural to RM 6.5 for townhouses. City Engineer Jullie spoke to his memo dated February 3, 1978, and answered questions of Council members. 3llr Council Minutes - 3 - Tues.,February 7, 1978 A. Edengate (continued) Mayor Penzel requested that the memo from City Engineer Jullie dated February 3, 1978, and the communication from Brad Askland, Jerry Catt, James Follese and Glenn Keller dated February 6, 1978, be made part of the record. (Attached as part of minutes) Howard Dahlgren, Dahlgren & Associates, responded to communication from four residents and commented that these questions have all been asked and answered before. Mr. Dahlgren explained the developer is willing to accept almost five times the assessment, and the only other alternative the developer would have is to go with the 198 units back to court and point out what they have done to make this a reasonable proposal. Osterholt questioned who the owner is of record of the access parcel and if the proponent would be willing to acquire that parcel. Dahlgren stated he did not know who owns the parcel, and he has not made • an attempt to buy it because they do not need it for the project. Jerry Catt, 18600 Duck Lake Trail, explained he picked up a letter from the City Assessor's office from Edina Builders, stating that the parcel was sold to Jerry Pautz, and that the parcel is under litigation by a restraining order. Mr. Catt further stated he cannot understand how a transaction can take place because there is a restraining order on the access parcel. Mr. Dorsey, legal counsel for the developer, stated that half the property spoken to above is in the development, and half Mr. Pautz does not own. Dorsey further commented that Mr. Pautz does not own the access part of the parcel. Osterholt explained that apparently some of the property that is proposed for development is also involved in the restraining order. Dorsey responded he is aware of no litigation regarding the development site. Recess was called for the purpose of researching who owns the access parcel. After the recess, Mr. Dorsey stated he has not seen the legal documents, but talked to Mr. Pautz during the recess period and Pautz is purchasing the 7.3 acres north of the creek, and the other is owned by either Mr. or Mrs. Krahl. Dorsey further commented he would not know if the whole area is covered by a temporary restraining order. Jullie reported that the legal description in the documents presented by Jerry Catt includes that part of parcel 4219, Section 6, lying northerly of the Creek and that this portion was part of the Edengate proposal. Penzel questioned the proper action for the Council to take on this matter. City Attorney Thorfinnson explained if the City would grant or deny the proposal it would he done on faith when the developer comes in arid says he owns the property, he in fact owns the property. Penzel further questioned if the City Council approves the proposal and finds that the proponent does not own the property. where would it leave the City. Thorfinnson responded the City Council could rescind approval of the project. • Robert Kennedy, 18360 Ginavale Lane, questioned if it were not possible that the proponent did not own the property back in 1974. .?y 7 • Council Minutes . - 4 - Tues.,February 7, 1978 A. Edengate (continued) Thorfinnson replied the record indicates a contract for deed from the then owners, Edina Builders. The litigation at the present time is between the husband and wife, there is no ligitation as to the contract to purchase. The only doubt that appears is which one, the husband or wife, is going to end up owning the property. Brad Askland, 18219 Ginavale Lane, spoke to the petition against the Edengate proposal which is signed by 106 residents in the development area. He stated the plan as it stands is pretty shortsighted and reiterated the objections expressed in letter dated February 6, 1978 (attached as part of minutes). Pauly explained that we all know this case was in court which was for a less desirable project with a greater density and rental units. The neighborhood did have a rare opportunity to participate in that court decision and had an opportunity to join with the City in the litigation, and yet there was absolutely nothing coming from the residents as far as the case was concerned, Pauly commented. Mr. Askland explained he has only lived in the area for about a year and that is why he did not participate. Osterholt stated that a number of inquiries were made by residents but they were advised it was not necessary that they participate. Bob Krno11, member of the original Steering Committee, stated they were asked if they would care to participate in the court proceedings by retaining their own attorney. Prior to this project a petition was passed authorizing sewer, water and streets and in their opinion when this petition was passed the Edengate project was dead. Kruell further stated they were not enthusiastic about spending money for an attorney and asked if they could participate on behalf of the City; however, they were not called upon to • testify. Thorfinnson responded that Mr.Kruell did contact him and said he would be available to testify. Mr. Thorfinnson at that time told Mr. Kruell if the City was not successful in moving for denial, he would contact him; however, the City was successful. Osterholt commented the City Council is under certain restrictions because of the court action that was taken. After looking at the entire development, the City does have a substantial park area, a reduction in the number of units, and a larger buffer. MOTION: Osterholt moved, seconded by Meyers, to close the Public Hearing and adopt the 1st Reading of Ordinance No. 77-37, rezoning 38 .2 acres for Edengate by Gerald B. Pautz & Pautz-Franklin Realty from Rural to RM 6.5 for 176 units as per plan dated January 17, 1978, with the 2nd Reading to Ordinance No. 77-37 to De scheduled for. the March 7, 1978 Council meeting. Osterholt, Meyers, Pauly and Penzel voted "aye", Bye voted "nay". Motion carried. • • Council Minutes - 5 - • Tues.,February 7, 1978 A. Edengate (continued) MOTION: Osterholt moved, seconded by Pauly, to instruct the City Attorney to draft a rezoning agreement to include: I) encroachments in the flood— plain be in conformance with requirements of the Watershed District, 2) if there is any additional land cost for right-of-way for access to the site,the cost be borne by the developers, 3) cost of street lighting be assumed by the developer, 4) no alternate access be given to the site if we can't resolve the right-of-way acquisition, 5) developers to construct and furnish common area amenities within each phase as unit construction proceeds,with all common area facilities to be finished in • final form at time of final phase building permit application, 6) trails along west side of Dell Road to be same as Maple Leaf Acres 3rd, 7) staging to 4 years (44 units per year), 8) Dell Road should be constructed as per memo of February 3, 1978, 9) units to be of various earth tone colors in natural wood siding with varied coordinating roof 10) cash park fee will be collected at building permit time, 11) 74.3 acres density transfer land to be dedicated to the City, 12) landscaping, buffering and lighting plans to be submitted to staff for review before the 2nd Reading, 13) additional rear yard land be conveyed to adjacent • single family lots along Tartan Curve as desired by lot owners, 14) additional guest parking be provided throughout site, 15) provide screened recreational vehicle parking area for 10 - 15 vehicles or homeowners agree to restrict outside parking, 16) plans to be approved by the Riley-Purgatory Creek Watershed District before 2nd Reading and any additional requirements be made part of the rezoning agreement, and 17) construction to begin within 18 months or property reverts back to Rural with concept use of single family -'residential. Osterholt, Pauly, Meyers and Penzel voted "aye", Bye voted "nay". Motion carried. Dahlgren commented the proponent agrees to all conditions with the exception of the cash park fee. Bye stated his reason for voting no is because it is up to the Council to consider the proposal made,and what we have adopted is what the City wants and the developer does not agree to. MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 77-134, approving the preliminary plat for Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company. Motion carried unanimously. B. Nestlebrook by Mr. & Mrs. Lunzer. Request to rezone from Rural to RM 6.5 for 3 lots and to R1-13.5 for 6 lots; and preliminary plat approval on the 5 acre site for the 6 single family lots and 3 duplex lots. Mr. Adolf Tessness, representing Mr. & Mrs. Lunzer, spoke to the proposal and answered questions of Council members. City Planner Enqer spoke to the action taken by the Planning Commission on December 12, 1977, whereby the Planning Commission recommended unanimous approval, to the communication from the Minnesota Department • of Transportation dated January 18, 1978, and to the Watershed District's letter dated January 5, 1978. Enger also spoke to the concerns expressed by the Parks, Recreation & Natural Resources Commission at their meeting held February 6, 1978. a99 Council Minutes - 6 - Tues.,February 7, 1978 B. Nestlebrook by Mr. & Mrs. Lunzer (continued) Loren Irvine, Vice President of Jarip Corporation, stated his corporation has no objection to this proposal. MOTION: Pauly moved, seconded by Osterholt, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-07, rezoning 6 single family lots from Rural to R1-13.5 for the Nestlebrook project by Mr. & Mrs. Lunzer. Motion carried unanimously. MOTION: Pauly moved, seconded by Meyers, to give a 1st Reading to Ordinance No. 78-03, rezoning the 3 duplex lots from Rural to RM 6.5 for the Nestlebrook project by Mr. & Mrs. Lunzer. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney to draft a rezoning agreement for the Nestlebrook project as per Staff recommendations on page 4 of report dated Oece-nber 2, 1977, that the cash park fee and park dedication be made part of the agreement. and that construction begin within 24 months or the property reverts back to Rural. Motion carried unanimously. MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 78-25, approving the preliminary plat for Nestlebrook, contingent that rear lot lines in block 2 be platted out of the floodplain. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI. APPOINTMENTS A. Building Code Board of Appeals - Appointment of 1 member for a three year term commencing March 1, 1978 Osterholt placed the name of Bruce Brill into nomination. MOTION: Osterholt moved, seconded by Bye, that nominations be closed and that a unanimous ballot be cast to reappoint Bruce Brill to the Building Code Board of Appeals for a three year term commencing March 1, 1978. Motion carried unanimously. B. Board of Appeals & Adjustments - Appointment of 1 member for a three year term commencing March 1, 1978 • Pauly placed the name of Richard Lynch into nomination. MOTION: Osterholt moved, seconded by Pauly, that nominations be closed and that a unanimous ballot be cast to reappoint Richard Lynch to the Board of Appeals & Adjustments for a three year commencing March 1, 1978. Motion carried unanimously. C. Development Commission - Appointment of two members for three year terms commencing March 1, 197B Penzel placed the names of Jerry Kingrey and Roy Terwilliger into nomination. y00 Council Minutes - 7 Tues.,February 7, 1978 C. Development Commission (continued) MOTION: Osterholt moved, seconded by Bye, that nominations be closed and that a unanimous ballot be cast to appoint Jerry Kingrey and reappoint Roy Terwilliger to the Development Commission for three year terms • commencing March 1, 1978. Motion carried unanimously. D. Historical & Cultural Commission - Appointment of two members for three year terms commencing March 1, 1978 Osterholt placed the name of Jeanette Harrington into nomination. Penzel placed the name of Mary Upton into nomination. MOTION: Meyers moved, seconded by Osterholt, that nominations be closed and that a unanimous ballot be cast to appoint Jeanette Harrington and Mary Upton to the Historical and Cultural Commission for three year terms commencing March 1, 1978. Motion carried unanimously. E. Human Rights Commission - Appointment of two members for three year terms commencing March 1, 1978 Osterholt placed the names of Pat Wakely and Lorraine Maenke into nomination. MOTION: Osterholt moved, seconded by Bye, that nominations be closed and that a unanimous ballot be cast to appoint Pat Wakely and reappoint Lorraine Maenke to the Homan Rights Commission for three year terms commencing March 1, 1978. Motion carried unanimously. F. Parks, Recreation & Natural Resources Commission - Appointment of two members for three year terms commencing March 1, 1978 Osterholt placed the names of Robert Johnson and Dave Anderson into nomination. Penzel placed the name of Jeanette Mika into nomination. MOTION: Meyers moved, seconded by Bye, that nominations be closed. Motion carried unanimously. Upton tabulation of ballots, the following two people received the highest number of votes: Robert Johnson and Dave Anderson. MOTION: Osterholt moved, seconded by Bye, that a unanimous ballot be cast to appoint Robert Johnson and Dave Anderson to the Parks, Recreation & Natural Resources Commission for three year terms commencing March 1, 1978. Motion carried unanimously. G. Planning Commission - Appointment of two members for three year terms commencing March 1, 1978 Penzel placed the names of Norma Schee and Rod Sundstrom into nomination. Pauly placed the names of Mathew Levitt and Fred Baumann into nomination. 4/O/ 1 Council Minutes - 8 - Tues.,February 7, 197B G. Planning Commission (continued) Upon tabulation of ballots, the following two people received the highest number of votes: Rod Sundstrom and Mathew Levitt. MOTION: Osterholt moved, seconded by Bye, that a unanimous ballot be cast to reappoint Rod Sundstrom and appoint Mathew Levitt to the Planning Commission for three year terms commencing March 1, 1976. Motion carried unanimously. VII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 77-33, rezoning from Rural to R1-13.5 for Garrison Forest 2nd Addition and rezoning agreement MOTION: Bye moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 77-33, rezoning from Rural to R1-13.5 for Garrison Forest 2nd Addition. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to approve the rezoning agreement for Garrison Forest 2nd Addition. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to continue the Council meeting past the 11:30 PM scheduled adjournment time. Motion carried unanimously. VIII.REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report, of Council Members 1. Councilwoman Pauly reported on the #212 Task Force Lobby Luncheon. 2. Mayor Penzel spoke to the upcoming meeting scheduled for February 20, 1978, to be conducted by the Advisory Committee on Chemical Waste, and also the bus tour scheduled for Monday, February 13, 1978. 3. Mayor Penzel spoke to the Awards Banquet as a means for honoring the people who have served on Board and Commission General discussion took place as to the place, time and who,other than past commission or board members receiving awards, will be invited to attend. MOTION: Meyers moved, seconded by Pauly, to set March 2B, 197B, as the date to hold the Awards Banquet. Motion carried unanimously. Time, place, and people to be invited to attend the banquet to be discussed at the February 21, 1978 Council meeting. B. Report of City Attorney 1. Discussion on Joint Zoning Board for the Metropolitan Airports Commission City Attorney Thorfinnson spoke to his memo dated February 6, 1978, and answered questions of Council members. /102 Council Minutes - 9 - Tues.,February 7, 1978 1. Discussion on Joint Zoning Board for the Metropolitan Airports Commission (continued) MOTION: Osterholt moved, seconded by Bye, that Staff pursue the legal alternatives as to the Joint Zoning Board for the Metropolitan Airports Commission,and report back to the Council on February 21, 1978. Motion carried unanimously. City Attorney Thorfinnson also reported to the Council that the Krahl case is being appealed to the Supreme Court and to the Nine Mile Creek Watershed District, and also spoke to the motion before the District Court to dismiss the Dorenkemper case on the basis of failure to comply with the Statute of Limitation. C. Report of City Manager 1. Receive and award bids for 2 Satellite Stations and an addition to the main facility for the Fire Department City Manager Ulstad requested that this item be continued to March 21, 1978. MOTION: Meyers moved, seconded by Bye, to continue receiving and awarding bids for 2 Satellite Stations.and an addition to the main facility for the Fire Department to the March 21, 1978 Council meeting. Motion carried unanimously. 2. Discussion on Guide Plan Council requested that the Commissions be allowed to review the Guide Plan at their leisure and that the Council set a meeting around the first meeting in March with the Staff and Consultant. Council to decide on a specific date at the February 21st Council meeting. D. Report of Director of Community Services 1. Consideration of Bublitz appraisal Director of Community Services Robert Lambert referred to memo dated January 20, 1978, from Sandra Werts. No action taken. E. Report of City Engineer 1. 1978 Engineering Services Agreement City Engineer Jullie spoke to his memo dated February 3, 1978, and answered questions of Council members. MOTION: Meyers moved, seconded by Bye, to adopt City Engineer Jullie's recommendation for 1978 Engineering Services with Bather, Ringrose, Wolsfeld, Inc. and Rieke Carroll Muller Associates. Roll Call Vote: Meyers, Bye, Osterholt, Pauly and Penzel voted "aye'. Motion carried unanimously. ya3 Council Minutes - 10 - Tues.,February 7, 1978 • 2. Petition for Utilities for AMOCO site on TH 169, I.C. 51-320 MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 76-29, receiving petition and ordering feasibility report on improvements (I.C. 51-320). Motion carried unanimously. 3. Petition for street improvements on Lotus View Drive, I.C. 51-321 MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 76-30, receiving petition and ordering feasibility report on improvements, I.C. 51-311, including that the right-of-way for public street construction must be dedicated by the adjoining property owners. Motion carried unanimously. 4. Street lighting policy City Engineer Jullie spoke to his memo dated February 3, 1978, and answered questions of Council members. MOTION: Osterholt moved, seconded by Pauly, to adopt Option A in City Engineer Jullie's memo dated February 3, 1976, as the City's street lighting policy. Motion carried unanimously. F. Report of Finance Director • 1. Agreement for refunding bonds General discussion took place regarding the fees to the Ehlers and Piper firms. Bob Ehlers,and Bill Fahey, Ehlers & Associates, and Rod Pakonen, Piper, Jaffray & Hopwood, answered questions of Council members. MOTION: Meyers moved, seconded by Bye, to authorize the Mayor and City Manager to enter into a contract with Ehlers & Associates and Piper, Jaffray & Hopwood firms to conduct the water and sewer bond refunding proposal for a maximum fee of $75,000 total to both firms. • Osterholt stated he would like to see the fees broken down. Mr. Ehlers explained it is difficult for Mr. Frane to do this because he has not been through this before, and that the figures will be made known to the Council by the bonding consultants. MOTION TO CALL PREVIOUS QUESTION: Meyers moved, seconded by 8ye, to call the previous question. Motion carried unanimously. VOTE ON ORIGINAL MOTION: Bye, Meyers and Penzel voted "aye", Osterholt and Pauly voted "nay". Motion carried. MOTION: Meyers moved, seconded by Bye, to instruct City Staff to come back at the February 21, 1976 Council meeting with a complete request regarding the refunding of the 429 improvements bonds as outlined in the January 13th proposal, explaining the need and process, and also with additional cost breakdown for only water and sewer bonds from memo of February 3, 19713, so the Council can put a top dollar limit at that time. Meyers, Bye, Pauly and Penzel voted "aye", Usterholt voted "nay". Motion carried. yoy Council Minutes - 11 - Tues.,February 7, 1978 2. Consideration of proposals for telephone system for City Hall Finance Director Frane spoke to his memo dated February 3, 1978. MOTION: Osterholt moved, seconded by Pauly, to continue with the Northwestern Bell System under the 60-month electronic plan. Roll Call Vote: Osterholt, Pauly and Bye voted "aye", Meyers and Penzel voted "nay". Motion carried. Dick Fyten, Vice President of Electronic Design Company, spoke to the advantages of buying equipment from their company rather than leasing equipment from another company, and also outlined the savings the City would make in buying rather than leasing. Osterholt stated he felt the City should purchase equipment that is built in the United States. Penzel explained he was not for the purchase of non-native equipment, but for the tax dollar savings in Eden Prairie. IX. NEW BUSINESS A. City Manager's Salary MDTION: Osterholt moved, seconded by Bye, to set the City Manager's salary at $35,000 retrocative to January 1, 1978. Roll Call Vote: Osterholt, Bye, Meyers, Pauly and Penzel voted "aye". Motion carric''. X. ADJOURNMENT MOTION: Osterholt moved, seconded by Bye, to adjourn the meeting at 1:20 AM. Motion carried unanimously. 1'. yo5 The .'reserve January 11, 1978 • Mr. Roger Ulstad City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: Request for Council Public Hearing Amsden Hills III Dear Mr. Ulstad: The Preserve respectfully requests that the Council be re- quested to set a public hearing for the night of March 7, 197E to consider the platting and rezoning of the proposed project area. Deve1^^ment materials will have been submitted to the planning director January 12, 1978 as requested to make the following planning agenda dates: January 23, February 13, and February 27. If you have questions or suggestions regarding the above please call me at 941-2001. Warmest regards, T PRE ERVE D d L. Hess, r. Vice President Architecture - Planning DLH/j 1 • • 3 70 A To:a!Environment Community—8920 Franlo Rd.,Eden Prairie,Mimi. 55343—16121 941-2001 (774111117)r12227 kirj uou PLMNMWMANSKOTTAWMaMWOMNWWCHIMOUM March 3, 1978 Eden Prairie City Council Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Mn. 55343 Dear Council Members; We are hereby requesting that the Eden Prairie City Council set a public hearing for the purpose of approving the rezon- ing and preliminary plat of Bryant Lake View Estates. Bryant Lake View Estates is approximately 24 acres presently owned by Thelma Griffith Naynes, located on the northwest shore of Bryant Lake on Beach Road. We are requesting a change in zoning from rural to R1-22 and approval of the preliminary plat. Thank you for your consideration regarding this matter. Sincerely, BATHER JNGR E-WOLSfELD-JARVIS-GARDNER, INC. ck Lync L:aw • 3?/ 6AIrf/1 AN3FIOSE.WaSFEID..NRA9.G4,FI0FER.Nc 7101.aa MANE SOun4 All EAP01b.$ e84.36 $O€eQIa -2 W MARCH 7, 1978 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 12-30-78 8317 VOID OUT CHECK (17,710.00) 02-16-78 8883 VOID OUT CHECK 02-17-78 8884 QUALITY WINE CO. Wine 54.39 8885 MIDWEST WINE CO. Wine 12.00 8886 EAGLE DISTRIBUTING Wine 300.82 8887 PEPSI-COLA CO. Mix for Liquor Store 14.70 8888 GOLD MEDAL BEVERAGE Mix for Liquor Store 29.30 8889 COCA-COLA CO. Mix for Liquor Store 94.90 8890 SEVEN-UP CO. Mix for Liquor Store 24.50 8891 LEDING DISTRIBUTING CO. Beer 906.65 8892 LAKE REGION BEVERAGE Beer 536.62 8893 THORPE DISTRIBUTING CO. Beer 1,045.30 8894 BEER WHOLESALERS Beer 2,063.95 8895 DAVIDSEN DISTRIBUTING _ Beer 11.30 8896 DAY DISTRIBUTING CO. Beer 1,029.92 8807 MIDWEST WINE CO. Wine 230.45 8898 OLD PEORIA CO. Liquor 349.80 8899 TWIN CITY WINE CO. Wine 509.31 _ 8900 JOHNSON WINE CO. Wine 912.16 8901 GRIGGS, COOPER & CO. Liquor 223.59 8902 QUALITY WINE CO. Wine 37.63 8903 ED PHILLIPS & SONS Liquor 346.85 8904 STATE OF MINNESOTA Jan. sales tax report 1,790.93 8905 PETTY CASH Reimbursement of fund 48.37 8906 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employer ASSOCIATION contribution 2-17 payroll 6,374.04 8907 STATE OF MINNESOTA Taxes withheld in February 6,542.36 8908 SUBURBAN NATIONAL BANK Bonds deducted in February 318.75 8909 UNITED WAY Donations withheld 2-17 payroll 27.12 8910 FEDERAL RESERVE BANK Taxes withheld 2-17 payroll 7,630.67 8911 LES BRIDGER Expenses for investigation 200.00 8912 TOM BROWN Expenses for investigation 200.00 8913 BILL BLAKE Expenses for investigation 200.00 8914 TWIN CITY WINE CO. Wine 115.43 8915 GRIGGS COOPER & CO. Liquor 29B.86 8916 JOHNSON 'WINE CO. Wine 734.97 '` 8917 EAGLE DISTRIBUTING CO. Liquor 468.53 8918 MIDWEST WINE CO. Wine 417.62 8919 ED PHILLIPS & SONS Liquor 865.16 8920 METROPOLITAN WASTE CONTROL COMMISSION Jan. SAC charges collected 7,524.00 '. 8921 INTERNATIONAL UNION OF OPERATING ENGINEERS February dues withheld 187.00 8922 AMERICAN PUBLIC WORKS ASSOCIATION Membership dues 120.00 B923 AMERICAN WATER WORKS ASSOCIATION Dues for Carl Jullie 100.00 8924 A & J ENTERPRISES Refund for vending machine licenses 42.00 `/ March 7, 1978 • 03-07-78 8925 ADVERTISER Tree inspectors employment ad 6.30 8926 ACRO-MINNESOTA, INC. Office supplies 122.13 8927 BEVERAGE JOURNAL Subscription for Liquor Store 6.69 8928 BUSINESS FURNITURE INC. Chair repair-Public Safety dept 27.00 8929 BUDGET POWER HOME CARE CENTER Material-Preserve warming house 142.35 893D BARTON CONTRACTING CD. Sand-Snow and Ice Control 187.43 8931 MAUREEN CONNAUGHTY Refund on jazz dance lessons 12.00 8932 CAROLYN CASSOLA Guitar instructions 886.00 8933 CHANHASSEN AUTO PARTS Equipment parts 311.77 8934 CLUTCH AND TRANSMISSION Equipment parts 42.56 8935 CARLSON EQUIPMENT CO. Supplies-Water dept. 29.62 8936 SPENCER CONRAD Expenses for fire training school 7.60 8937 COLLINS ELECTRIC CO. Electrical service for signal system 4,311.49 8938 COPY EQUIPMENT, INC. Supplies-Engineering dept. 28.72 8939 CROWN RUBBER STAMP CO. Desk signs and rubber stamps 41.72 8940 CARGILL SALT Salt-Snow and Ice Control 364.26 8941 CUTLER-t1AGNER CO. Quicklime-Water dept. 1,267.20 8942 CITY OF EDINA Water samples 41.50 8943 ECONOMY DICTATION SYSTEMS Equipment repair-Public Safety dept. 11.00 8944 EMMER DISTRIBUTION CENTERS Material-Prairie View Park and Preserve warming house 211.47 8945 EDENLAND CORP. Overpayment of special assessment 373.60 8946 FRONTIER LUMBER Material 424.30 8947 GRc HEALTH PLAN March insurance 823.95 8948 GUNNAR ELECTRIC CO. Service-Park dept. and Water dept. 409.63 8949 GENERAL COMMUNICATIONS Radio repairs-Fire dept. 144.10 8950 GRANT BATTERY SALES Batteries 213.54 8951 VOID CHECK 8952 HENNEPIN COUNTY Radio equipment-Public Safety dept. 66.80 8953 HENNEPIN COUNTY Prisoners board-Public Safety 18.00 8954 HEATHKIT ELECTRONIC CENTER Weather monitoring equipment- Engineering dept. Testing 102.51 8955 JACK HACKING Expenses 52.06 8956 MARK HURD AERIAL SURVEYS Topographic mapping service 4,710.00 8957 ITASCA EQUIPMENT Equipment parts 9.00 8958 CARL JULLIE February expenses 119.38 8959 JOHN'S WELDING SERVICE Thaw water line-Water dept. 105.00 . 8960 KOKESH Athletic uniforms for Public Safety dept. (Donation paid) 999.25 8961 LOCAL GOVERNMENT INFORMATION SYSTEM January service 1,094.39 8962 LABATT BUSINESS MACHINES Office machine repair service 64.50 8963 LEROY SIGNS Sign for Liquor store 661.00 8964 LANDCO EQUIPMENT, INC. Throttle control 21.50 8965 MARV LAHTI Expenses for fire training school 7.60 8966 STATE OF MINNESOTA Lease for Water dept. 2.00 8967 MINNESOTA CRIME PREVENTION OFFICERS ASSOCIATION Membership for Danielski 5.00 8968 MINNESOTA, CRIME PREVENTION OFFICERS ASSOCIATION Membership for Larson 5.00 8969 MINNESOTA DEPARTMENT OF EMPLOYMENT SERVICES Employer contribution 1.763.00 897D MODERN TIRE CO. Tire repairs and front end alignment 117.88 8971 h1INNEGASCO � Service 214.60 9> MARCH 7, 1978 • 03-07-78 8972 MINNESOTA VALLEY ELECTRIC Service 3.75 8973 METROPOLITAN FIRE EXTINGUISHER Recharge units-Fire dept. 44.00 8974 METRO PRINTING, INC. Service-Public Safety dept. 60.00 8975 MIKE NEUOECKER Mileage for janitor 4.95 8976 NORTHERN STATES POWER Service-CcnTegttorlr f ect underground 600.CO service- 8977 NORTHERN STATES POWER Service 3,787.67 i 8978 NORTHWESTERN BELL Service 477.34 8979 PRENTICE-HALL, INC. Books-Water dept. 27.44 8980 RAIN8OW SIGNS, INC. Supplies-Public Safety dept. 6.50 8981 OALE REOPATH Artwork services-Park & Rec. dept. 18.00 '. 8982 RMS ROAO MACHINERY Equipment rental-Community Oevelopment project 420.00 8983 RIEKE-CARROLL-MULLER, INC. Service-Well Pumphouse #3, Street & Water Country Vista, Sewer & Water Trunk Round Lake area and Eden View I 21,717.26 8984 SUBUR8AN PUBLIC HEALTH NURSING SERVICE Eden Prairie's share for 1978 3,794.00 8985 SONIC ALARM CORPORATION • Alarm system-Liquor store 127.5C 8986 DON STREICHER GUNS Gun cleaning supplies-Public Safety 85.41 8987 CHARLES SCHAITBERGER Expenses for fire training school 7.60 8988 STATE OF MINNESOTA Inspection service-TH169-494 15,752.01 8989 :,:TELLITE INO'JSTRIES Portable restrooms-Park & Rec. 251.7E 8990 SUN NEWSPAPER' Tree inspectors employment ad 24.0C 8991 SHAKOPEE VALLEY PUBLISHING Tree inspectors employment ad 8.75 8992 TOWN'S EOGE FORO Repair service 216.8E 8993 ROGER ULSTAO March expenses 100.00 8994 UNIVERSITY OF MINNESOTA Workshop for Stuart Fox-Tree disease 9.00 8995 WILENSKY AUTO PARTS Equipment parts 5.9E 8996 WATER PRODUCTS CO. Meters and equipment parts-Water dept. 528.5C 8997 OUANE HOOKOF4 Mileage and reimbursement for supplies 20.74 Park & Rec. dept. 8998 SANOY WERTS February expenses 36.50 "' 8999 OIANNE HANSON Mileage-General services 14.40 '. 9000 MASOTA IKEGAMI Rental of gymnastics equipment-Park & Rec. dept. 10O•CC 9001 ELIZABETH JOHNSON February services 412.45 9002 CHRIS ENGER February expenses 103.14 9003 ELECTRIC SERVICE CO. Civil defense sirens 15,000.00 9004 GRENOAHL MECHANICAL, INC. Services-City Hall addition 7,159.00 9005 G. G. KRANZ & SONS, INC. Services-City Hall addition 8,370.00 TOTAL 125,116.8:: • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 3, 1978 SUBJECT: Edengate Project Dell Road Construction and Cost Sharing • We have reviewed some fairly detailed cost estimates for the construction of Dell Road from Duck Lake Trail through the Edengate project, as prepared by Mr. Frank Berg from Consulting Engineers Diversified, Inc. The estimated cost for common fill, subgrade corrections, creek crossing culverts, ag- gregate base and a 28' wide bituminous surface from Duck Lake Trail to the southerly entrance to Edengate is $130,000, plus $12,500 for right- of-way acquisition. The cost for coe on fill, subgrade correction and drainage culverts from south entrance to the north property line of Eden- gate is $85,000, plus an additienai $36,000 for the aggregate base and 28' bits:^,tnc_: ,nrfacing. This gives a t:tal estimated cost of $264,000 for all grading and Stage I surfacing of Oell Road from Duck Lake Trail to the north line of Edengate. These estimates assume that borrow material is available from the Edengate site. The total amount of front footage along the proposed Dell Road alignment within the Edengate project is 3,760 feat. Using an assessment rate of $28.00 per foot, this assessment cost would be $105,280, assuming the road were located in typically good soil conditions. We believe that a reasonable settlement of the Dell Road assessment ques- tion could be reached along the following lines: 1. The City will initiate an MSA public improvement program to acquire right-of-way and construct Dell Road from Duck Lake Trail to the north line of Edengate at an estimated cost of $264,000. Borrow material from the Edengate project shall be made avail- able to the City. 2. The requirement for a temporary access to Duck Lake Road will be deleted, but the developer must make some provision for emergency access to Harrogate Drive. 3. The developer shall agree in the-Rezoning Agreement to accept an assessment of $190,000 over a 5 year period. • - 2 - 4. The City could levy some assessment ($15,000±) to the undevel- oped parcel between the south line of Edengate and Duck Lake Trail. 5. The City would renew its intentions to open Dell Road from Duck Lake Trail south to Valley View Road and Valley View Road east to County Rd. 4 within three to five years. This would ad- dress the concerns expressed over increased traffic on Duck Lake Trail. We will be prepared to discuss further details of this proposal at the Council's pleasure on Tuesday evening. CJJ:kh • { t1 y0 7 February 6, 1978 TO: The Honorable Wolfgang Penzel, Mayor Members, City Council City of Eden Prairie FROM: Brad Askland Jerry Catt James Follese • Glenn Keller RE: Edengate Project • This letter is intended to speakn opposition to the proposed Edengate development. The Edengate Project has been the subject of discussion, on the agendas of the City Council, Parks, Recreation and Natural Resources Commission and City Planning Commission, as well as various public Guide Plan meetings and local'home owners meetings. The project has failed to gain the support of the neighborhood and local area residents who would be most directly affected by the development and its attendant consequences. • The following information is intended to serve as an outline of both conc..as and objections apropos the Council's consideration of • Edengate at its scheduled Public Hearing February 7, 1978. 1. At the present time a major land use consideration of the Edengate Project area is the subject of pending action by both the City of Eden Prairie, Parks, Recreation and Natural Resources Commission and the Metropolitan Parks Foundation. At its regularly scheduled meeting on September 19, 1977 the PRNRC approved a recommendation directing their staff to proceed with necessary steps to seek funding for the acquisition of both the Edengate and Markum properties. On December 20th, 1977 the City Council directed the PRNRC to hold public hearings on this matter. A public hearing is presently scheduled for Monday, March 6, 1978 to discuss this recommendation and seek general public input. It seems inappropriate for the Council to consider any positive action on the project until such an alternative has been thoroughly pursued. The potential public use of the Purgatory Creek area as a community natural resource and as recommended by the Purgatory Creek Study has received strong support from community residents. �4- We would recommend that no positive action be taken concerning acceptance of the Edengate Project prior to full and complete eps .Ppursit of the lanuas approved cby1PRNRCnatt their oSeptember t19t,e Purgatory 1977 meeting. The impact of the loss of this designated preserve land will not be fully known until development in the northwest sector of Eden Prairie has been completed. However, at that time it will be too late. This is the time to maintain the high priority for designated preserve areas which has drawn new residents to our community. 2. Problems related to development of the Edengate Project remain _ substantial. While the developer has responded with compliance to several requests by the City Council the following represent those considered most critical and unanswered by either the city or the developer: a. Traffic Current plans for final routing and attendant costs of the proposed Dell Road Parkway have as yet to be completed. It does not seem prudent to approve a high density development until plans have been completed for the additional traffic from the project. . The best understanding we have of current traffic and roadway plans is that the City of Eden Prairie, with fund3 from the developer, will construct a section of parkway from the northeast entrance of the project to Duck Lake Trail within three to five years and that completion of the • parkway to connect with 101 at its northern intersection is not scheduled until 1990. Dumping an additional daily traffic burden of 250 to 300 more automobiles on Duck Lake Trail is not in the best interest of the safety of present residents and their children. Increased traffic from Hidden Ponds and Maple Leaf additions are already placing maximum usage on Duck Lake Trail. Building a go-nowhere 760 foot parkway to service the access needs of this proposed development does not represent good planning. b. According to information from the Department of }lousing and Urban Development private ownership and maintenance of the streets within the project places an unreasonable financial and management burden on the Association, as well as d emergecreating related problems such as parking, p g vehicle access. To quote H.U.D. Area Director, Thomas T. Feeney, in his letter of November 4, 1977 to the Eden Prairie Townhouse Company conccring Edengate, "Failure to obtain'public streets • could be cause for rejection of your proposal. yo9 -Y According to Mr. Dahlgren's letter of January 13, 1978 to the Mayor and City Council, he stated that "All streets, parking areas, and utilities are the economic responsibility of the association . . . snow plowing and maintenance of the streets, other than the parkway, is paid for by the association." This would seem to preclude H.U.D. approval of the project. e. It is not clear at this time if the development plans are in compliance with requirements of the Riley-Purgatory Creek Watershed District. According to their letter to Mr. Putnam, dated September 8, 1977, the three roadway crossings of Purgatory Creek within a 1200 foot area will necessitate bridges to minimize the increase in flood level upstream of the entry road to the development and upstream of the proposed parkway. If the bridges have not been put in the development plan they should be and should fulfill the specifications of the Watershed District. The cost of said bridges should be known and also who is expected to assume that cost. It would be helpful to know the response of the developer to the Watershed District's concerns for the construction of settling ponds and adequate storm sewer systems within the , project. d. T- Mr. Putnam's recommendation for this project, he stated *hat borings should be taken along the N/S Parkway to determine if this road could be built in the current alignment. Only two borings were taken, by the developer, and do not constitute adequate analysis for approval of construction. Mr. Putnam suggested that the developer should pay extra costs if the road must be re-aligned. The developer wishes to pay a one time fee for this roadway, no matter what future costs occur because of it. We feel that the developer should have to pay extra ordinary costs for construction of the Parkway. 3. Finally, we want to express our objection to the approval of this project because of the precedent it would set for future developments. This case may be used by the court in the future to determine the way in which Eden Prairie follows its guide plans. We believe that the city should be consistent with the plans and not let a developer or the court decide how they shall plan and carry out plans. Acceptance of this project leaves little ground for the denial of similar projects seeking approval for major townhouse complexes in predominently single family residential areas. In particular, we are concerned that supposedly protected open space areas would be most vulnerable. We believe the city has an opportunity.to set its own priorities at this time. y/o • ` T • 1 This letter is offered in behalf of the interests of many homeowners in the northwest sector of Eden Prair{.e who have attended numerous Council, Commission and Guide Plan meetings over the past couple of years. Public sentiment concerning the Edengate Project remains over— whelmingly in opposition. It is our feeling that a viable option is available to the city in the possible acquisition of the property. The Council's action can effectively preserve a highly designated priority area as a natural resource for ortou at thistime, community adi it cannos t e residents. If that resource is not.p ec be regained. We believe the project should be denied. Sincerely, Brad Askland Jerry Catt Jim Follese Glenn Keller LAND DEVI,OI'ME; I' APPLICATION - HENNEPIN COUNTY LIBRARY LDEN PRAIRIE CENTER SITE Bl. Ownership - Ilomart Development Company, Scars Tower, 44th, Floor, Chicago, Illinois. To be purchased by the Hennepin County Library. • • B2. Developer - Hennepin County Library. B3. FiscaI, economic - Outright purchase of land from the Homart Development • Company for future use as a library site. • B4. Development Method - Entire two acre site will be developed by • Hennepin County Library for library use. There will be no further subdivision. B5. Boundaries - Indicated on enclosed Hennepin County Survey (A). B6. Project Area - Property is located within Eden Prairie Center between and Center service road and the ring route in the southwestern portion of B7. the Center. (See attached Center map 8.) Community library constructed at this location will he one of approximately thirty libraries serving the l...yulation of suburban Hennepin County. This library will relate to Minnetonka Community Library to the north, Hopkins Community Library to the northeast and the Southdalc-Hennepin Arca Library to the east and will serve Eden Prairie, western Bloomington, portions of Minnetonka and users from Scott and Carver County. B8. Existing Land Use - Land is currently used as a buffer area between the ring route and the service center road at Eden Prairie Center and has no structures on it. 89. Existing Transportation Systems - The Planning Department has indicated that i.n addition to the case of access by auto to the Center, the proposed library site will be immediately adjacent to pedestrian and hike ways as well as to current and anticipated public transportation. 1110. Existing Zonings - This specific property is currently within a rural zoning district and the request before you is to change it to a public zoning district so that it may he developed for library purposes. B1I. City Guide Plan Framework - 1968 Comprehensive Plan of the Center area showed development of a widely diverse number of commercial, retail and business uses into which a public library service facility can very desirably be incorlrorntc•d. B12. Critical Public Decisions - (1) Request change in zoning district. (2) Platting change of exact property to be purchased under administrative platting procedure. -yl2 page 2 LAND DEVELOPMENT APPLICATION 613. Additional Information - This proposal to purchase and develop this specific piece of property for library use is preceded by almost six years of ongoing discussion between Eden Prairie planning personnel and staff of the Hennepin County Library. As an interim step, a Community Library I was located in 1973 on property leased from the City on County Road 4 in Round Lake Park. The Library has investigated a large number of sites within the area of the Center and has regularly communicated • with the Planning Department and received their input regarding possible selections. The present property is in a very desirable location from . both the Library's and the Planning Department's point of view and, based on appraisals of this property and adjacent property, represents a good value for property with this sort of visibility and access. Top estimate for annual circulation in the proposed library, initial stage, is 225,000. Earlier Ilennepin County Library studies have shown an average of 2.25 items circulated per person entering a library so we estimate an average of 8,333 individuals entering the library per month. Use patterns vary from year to year, but the high and low use months are fairly consistent. In 1977, circulation peaked in August, followed by March, June, July, October, February, April, November, September, January, May and December in descending order. Peak use during a particular day is 'between 3:00 and 5:00 p.m. In descending order the next busiest times are 7:00 to 8:00 p.m., 10:00 to 11:00 a.m., 2:00 to 3:00 p.m., 6:00-7:00 p.m., 1:00-2:00 p.m., 11:00- 12:00 noon, 12:00-1:00 p.m., 5:00-6:00 p.m. and 8:00-9:00 p.m. Heaviest traff:_ is on Saturday from September through May; followed by i4onday, Tuesday, Thursday, Wednesday and Friday throughout the year. . Based on experience elsewhere in the library system adjacent business • and residential development will have a positive effect on the use this library generates. C. Site Area Analysis Cl. Development Objectives - To purchase site in 1978, construct a 10,000 square foot community library building in 1981 and, based on anticipated increase in usage, construct an additional 5,000 square feet in the mid or latter portion of the 1980's. i¢ .i, C2. Site Plan - The attached Eden Prairie Center Site Plan (B) shows the 1 relationship to surrounding properties and layout of both the original and expanded buildings proposed and the necessary parking. The actual design of the structure and final site plans will not he prepared until 1981. '1. C3. Grading - See attached Hennepin County Library Site 1'Ian Study (C). C4. Utility Plan - See attached survey (A). CS. Preliminar_Architectural Drawings - These will not be available until 1981. See Hennepin County Library Site flan Study (C). i//3 page 3 LAND DEVELOPMENT APPLICATION C6. Legal Instruments for Plan Implementation - Other than the final conveyance of title from the present owner to the library and the pending agreement on the part of the Library to participate in the maintenance of the service roads and shopping center parking lot adjacent to the 'library, there are no other legal instruments associated with this development. C7. Building Use Profile - Initial construction: 10,000 square feet Proposed future addition: 5,000 square feet Initial parking: 50 cars Proposed additional parking: 25 cars (based on 5 spaces per thousand square feet which is a figure which the Library has used in a number of other locations and is consistent with guidelines provided by the Eden Prairie Planning Department.) • C8. Zoning Classification - Request to go from rural zoning district to . public zoning district. C9. Schedule - Purchase of property in 1978. Construction of first portion of building in 1981. Construction of addition in mid to late 1980's. 1 9 David R. Smith Hennepin County Library (830-4956) January 13, 1978 • yi9 • ...<:.o. HENNEPIN COUNTY PROPERTY MANAGEMENT 1 ./Mr0 ROT Of LOT B.BLCC.'.COEN>RARIE CENTER iOOITION Tan.•_..wnl i ., -Y- t r.-/. OP ... GCE, / f .1'f i•r,y1;//'/'.I, ....5..'.,'.,.iN-/'....:-'•.'-4-..., � . i //, ,,9 - - ( , ! : 9/ - II ,� I. _ ' ; I r f • • i Rlg g` (t wE"sr 90UNO .ANE i < R 0 A 0 I ' " ti--.. at_ i'�_` (.� ' J-_ . .�_ 1 _i�L.__r r^1 1— a! 1 ,i___I �y s ,, ._.....w _..- 4/%5 e•-.,„•. .,.:y ,.',.ter . ..�_ ._ • x>/:,:\\ ___./ �� ( (..ram _�-'J o �S --,/‘ ' \ �� ii i, �i�.��� o In \l i i. 4 \ 0 r rn 9 I i i • . , - • / \ f ---- C--4-1L---------•--I"---.—__„........_..._..,_s.r,„. • ------..„,„.....................„, 1 / . .7 . 7 1 , i . I /-------15'n *------.<__ ..sest,„ ,,-•' .19•0 /N\17 ',1 t,L , ., I , NN _._,,...„..,.,...._, /, • ... ...-. ..,,..1:....__T-----... ._. ,/,'••••.,,,...\,....:: ' .. ---\----= _ .• /..----. • I . . . ...14 \ •<- \-....,. .E •S !, //'. --k —..„ ,..? la' \‘'-• -•• i 4/ !\t• , • it! ir i• ,• . . , \ . , , ./f i^ •1 /, - ' ' ' -.1 -/sk--"--' ' : oi it." /1,/,/ 1,,ti,a1'• -- /, ,-,,, -• , 7\ \ • \ . . , „ \ . • . . ''. =•••- ' -Nihr• t w 1 'i,, .,„d•I i!, __,___ ..,,_ , \2, --:,„._. , „.•, s ,., (IfilY1 • • I V :'I 1/I .1 •-• , .,.,._, , e ' • 1/ '1: 1"/,I r, ' . < \\'„•" A 41'.•- -...-,/,, ' ' ,1 i 17 I•';I1Y ! , , --: ' ' ' . ' , , , •-,-,. , \ i )1' 1 .. ..-t--- -/,:.) ,,, / —‘" ‘, s 1-`• -tir. ,, ; , / • ,, , f 4 ,i iti I T ' 7 -/ 1 N fil )+ , i ,---21/ / '' 0.,, , ,;,„,,,„. A 1/(,-/N, // . qi!,,i ',i ,i -• $• ••):_- , . , i ., LI , .,•.,, ), 1 N - , , 4, f .., 1 , 2(1, •,..,.\, ' , i' N\ /. 1 •;,,,•.'•:.••-* \•, . . s., -2 7 ,i I I / //, '"i '• `,. • N '•'• • , \ . • , i'•,s. I?? . -N, , , 41 il • I I ! r- . . . z , '- / / N, ' 'cr-\ / - i 7P'. qM 1 i 1 l ._.) ." i . I , , , •.w N... 4 a l \\\ . 1 1 1i.- 1 ......,.... . , \---, \ \ t• ,_•,----)t. • 1 •, 0 qi 7 STAFF REPORT TO: PI anni ng Corral ssi on FROM: Jim Jensen, Planning Assistant THROUGH: Chris Enger, Planning Director DATE: Jan. 27, 1978 APPLICANT: HENNEPIN COUNTY LIBRARY PROJECT: Hennepin County Library LOCATION: A 2 acre site located in the southwest corner of Eden Prairie Center and north of Schooner Boulevard REQUEST: Rezoning from Rural to Public • ZONING: • The location of the Hennepin County Library on this site will require rezoning from Rural to Public. The following are provisions of Ordinance 135 for the Public District: 50 foot front setback 50 foot-150 foot sideyard setback; one side, both sides 50 foot rear yard setback ACCESS, CIRCULATION, PARKING: Access to the site will he gained from the service road circling Eden Prairie Center. An access road from Schooner Boulevard runs north/south on the west side of the proposed site arid will probably be the major access from Schooner Boulevard to the site. Circulation to and from the site should be excellent. The prononent has estimated that about 8,300 people will visit the library per month which translates to about 275 per day. If we assume that ]30-200 additional one way traffic trips will be generated per day, it is obvious that the impact is negligible. There will be 50 parking spaces provided with the Phase I construction of the library (1O,000 square feet.), with an additional 25 ...paces added with the Phase II construction of 5,000 square feet additional. • y/f .........--...1 './- ..t.w.. --L-::•-e.. -.7•:-7-1-''.--- ..-. .,,.......,./ i I i! // .. Ix. \\ii.\•,.\. c 1 ..• ' '''''... , . • - '''...,.. ,...... „.--..• - \ ... ,. .. _. r V or . . 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(;12..: ;-.-17.-.-..fr•-.-1-..:: ,s____,, ....*--:....:_; ..' • IVurez.,livd.0-• .. rw-..7tA\vt • ..--r--- ., . fr..-,-1-.\\- • - • -,.'.2-.-..-.'.., ,.,.:4/ •• ..,, N:k,‘•-,.',,• etatf-• \ ._,-,c.:. :,,:, i \ \-- • ''' ' 7 ,1 * , ... . s, ' Vi :-/(4 ,.. ----______f 1 ---- - rr2r-tt- \s '\,‘''' I .';-:rif'PI s '..,..• (IF/VIM ...:.-.• li, .,,, ''k• 1( - !. - • , etkp vrrO-Jugt: 1- ..;:',,,, ,1 - -- %% , \ I ,',..,.,;..., \ It ' \ - -, -.•.' )\ • ..... ,,, ' . .. ?%, • .—.• ‘. • - _. -• _ \ --______....... - -. , 11 17 ----- 1 i •••' . \i (-•) •i 6.1.__ % i::. , ('e.••••,-.)"..r••) - ,.. .......---1 \ ,A, •', .>:) . ,.—._--:.-._,_,„...:;_,- .....___—,..-:!,_7.-.:.=:-.;.-------=--r-_—_- 1 . ' ,-„,,..vr...t• 11i fl rn-,I.,,c\if,a,nr.:-n ,.Y:.\:.APA 1/4C41. \ i s y-t, •,,k \t J , ._. i ., .k.): • • • , Staff Report-Hennepin County Library -2- Jan. 27, 1978 • ii { • . 4 r. j N rn • N, 0 1, : 0L j it/ k t) •I / il//i , ///) n 11 v ,,. .ir.,, ,,, � at :, - J .``_).f; '�%/ R-. ,, u /1 \. \\ / , , ,.., 1 • r , ,/.,,,,., ,,. . . . .. . ,,,,,,, , /,,...,/• „, ,,...7\__ .x,... .:, 3 3 qn ••, • • ,. -.1i\ • aA. 0 /4, ..),4 • < .A r .._.., .1..„,_.. d. _ , it v 9 - '4` t f l ' • z a t', • Staff Report-Hennepin County Library -3- Jan. 27, 1978 LAND USE: There is about 2f acres adjacent to and east of the proposed Hennepin County Library site. Future development of this site is limited because of the long, narrow configuration. The setback for the Public District used for the library, is 50+ feet from Schooner Boulevard. A consistent application of the setbacks for the adjacent property to the east, would render the site virtually unuseable, or at least severely limits the development possibilities The staff has requested Hennepin County Library to obtain information from Homart Development Corporation pertaining to the intended use for this site. PEDESTRIAN CIRCULATION: The pedestrian system for Eden Prairie Center and the future possible pedestrian overpass are shown on Figure 2, page 2 . Pedestrian movement to and from the library and Eden Prairie Center should be-carefully considered. The pedestrian overpass will be intended to provide safe crossing of Schooner Boulevard for persons in The Preserve and Fraser Home School travelling to and from employment and shopping centers. Pedestrian trails or sidewalks should also be provided from the Tudor Oaks area to the future neighborhood center, the library , and Eden Prairie Center. A sidewalk should be built along Schooner Boulevard on the library site and possibly the entire distance to the location of the pedestrian overpass, depending or, whether the adjacent site will be developed or not. If this adjacent site is going to be developed, the developer at that time will provide the sidewalk from the Hennepin County Library to the pedestrian overpass. If the site is to be left as buffer space, Hennepin County Library should build the entire length. Future development of the neighborhood community site, on the corner of US 169/212 and Schooner Boulevard,will see the continued trail construction necessary to tie needs to persons on a pedestrian level. The sidewalks should be 5 feet wide and constructed of 5 inch concrete. UTILITIES : Sewer and water lines are readily available to and prepared for this site. Storm water,in the service road just outside the entrance drive, will serve the site's surface drainage. A minimum of 1.5-2% slope should be maintained on the parking lots to insure proper surface water movement. y>?/1 Staff Report-Hennepin County Library -4- Jan. 27, 1978 LANDSCAPING: Landscaping and screening of the parking lots,and utility and service areas should occur according to Ord. 178. All areas not in hard surface or planting areas should be sodded following construction. • RECOMMENDATIONS: The staff intends to process the application for platting through an adminis- trative land division in order to expidite the process. The staff recommends approval of the rezoning from Rural to Public as follows: a). Hennepin County Library obtain information concerning intended use of the adjacent property to the east. b). Based upon this information, construct a sidewalk along Schooner Boulevard on their site and possibly the entire distance to the proposed pedestrian overpass. JEJ:jnt V?.47 MINUTES EDEN PRAIRIE PLANNING COMMISSION approved Monday, Feb. 13, I978 7:30 PM City Hall COMMISSION PRESENT: Vice-chairman Lynch, Retterath, Redpath, McCulloch,Schee • COMMISSION ABSENT: Chairman Sundstrom, Bearman • STAFF PRESENT: Chris Enger, Jean Johnson • I. APPROVAL OF AGENDA Redpath moved, McCulloch seconded, to approve the agenda as submitted. Motion carried unanimously. II. MINUTES: A. Joint Meeting between Development Conmission/PlanningCommission,1-23-78 Redpath moved, McCulloch seconded, to approve the minutes as submitted. Motion carried 4:0:1 with Schee abstaining. B. Minutes of the Planning Commission Meeting, 1-23-78 Redpath moved, Retterath seconded, to approve the minutes as submitted. Motion carried 4:0:1 with Schee abstaining. III. MEMBERS REPORTS_ Vice-chairman Lynch informed the commission he was reappointed to a 3 year term on the Board of Appeals and Adjustments. IV. REPORTS AND RECOMMENDATIONS: A. Hennepin County Library Site, request to rezone approximately 2 acres from Rural to Public for construction of future library. The site is located north of Schooner Boulevard and south of Homart Eden Prairie Shopping Center. The Planner referred the Commission to the Jan. 27th staff report stating the staff is recommending approval of the rezoning request based on the recommenda- tions within the staff report. Mr. David Smith, Hennepin County Library, stated he basically agrees with the reconniiendations of the report except for the construction of a walkway along the entire site as they cannot commit to constructing a walkway along property they do not own. The Planner explained that if the residue piece of approximately 1.4 acres is not developed,then the staff would like someone to construct the remainder of the walkway. He stated the staff requested the County inquire of Homart what may be developed on the remainder of the site and no response has been received. Mr. Smith replied,in conversations with Homart,he believes the site may be developed as a family restaurant. The Planner felt the 1.4 acres to the east of the library site would have a difficult time meeting setback requirements. The Planner then asked if the Commission had any comments or opposition to the proposed administrative land division. The Commission felt such decision should be made by the Council. 4/1/ approved Planning Commission Minutes -2- Feb. 13 , 1978 Hennepin County Library_, continued Motion: Redpath moved, Schee seconded, to recommend to the City Council approval of the Hennepin County Library rezoning request dated Jan. 9, 1978 based upon the following: a). That Hennepin County library obtain information concerning intended use of the adjacent property to the east. b). Based upon this information, the County should construct a sidewalk along Schooner Boulevard on their site according to Hikeway/Bikeway Report standards. Discussion: Schee expressed her approval of this public use request within the Major Center Area of the City. Vote: Motion carried unanimously. Planning Commission then directed the staff to forward the administrative land division request to the Council for action. 4122 • • • approved Planning Commission Minutes -3- Jan. 23, 1978 PETITIONS AND REQUESTS A. Hennepin County Library Site, request to rezone approximately 2 acres from Rural to Public for construction of future library. The site is located .north of Schooner Boulevard and south of Homart Eden Prairie Center. Mr. Don Venneland, site architect, outlined the site's location and stated first phase construction would be 10,000 square feet and second phase construction approximately 5,000 square feet. He stated trees and berms are planned to provide a buffer from Schooner Boulevard and the interior Homart parking lot. approved Planning Commission Minutes -4- Jan. 23, 1978 • Redpath inquired when the County anticipates construction of the first phase. Mr. Vermeland replied approximately 3 years. Lynch asked why the County is applying fur rezoning three years prior to anticipated building. Mr. Bill Schroeder, County Architect, Property Management Hennepin County, replied the County usually acquires land early so higher prices later do not have to be paid by taxpayers. • Sundstrom inquired if the site is large enough to accommodate proper sight lines and access. The Planner replied the staff would address those concerns in the staff report. Bearman inquired if the County Library would provide services other than books. Mr. Vermeland replied a community room is planned and other uses may be possible. The Planner informed the commission the County is requesting rezoning of 2 acres from a 3 acre site and the land division would be handled administratively. • Motion Lynch moved, McCulloch seconded, to continue the request to the Feb. 13th meting for a staff report. Motion carried unanimously. 4f 2 3 2 ©© knu'aoon parr©h000Re March 2, 1978 Roger Ulstad, City Manager • City of Eden Prairie 7801 Mitchell Road • Eden Prairie, Minnesota SS343 Re: Public Hearing Cor Investment/Development Dear Mr. Ulstad: Due to recent conversations with the City Planning staff and review of our proposed plan, Cor Investment is in the process of re-evaluating their plans and would like additional time to work with the City staff. As a result, we do not want to appear before the City Council on Mardi 7, 1978, and respectfully request a continuation to some future date. If you have any questions, or if I can be of any assistance, please call me. Very truly yours, BRUCE KNUTSON ARCHITECTS Bruce Knutson BK/ms • y2 y 100 north sixth street/minneapolis/minnesota/554034612)338 8877 • TO: Mayor Penzel and members of City Council FROM: Human Rights Commission (Betty Johnson) DATE: December 30, 1977 SUBJECT: Change name of Commission f At its December 20, 1977 meeting, the Human Rights Commission requested that the ordinance establishing the Commission be amended to expand the name of 'I the Commission to be "Human Rights and Services Commission". Since its establishment in 1968, the Commission has gradually changed its emphasis from the civil rights concerns that were probably the prime motivation for its creation. Human services, such as expressed in the Community-Based R Services Board and City membership in the South Hennepin Human Services Council, have assumed more importance in recent years. No other group advisory to the City Council looks at matters that concern city government from that view point. The Commission feels that the amendment would recognize the broader scope of concerns and issues addressed by the Human Rights Commission. • yz • • TO: Harlan Perbix, city attorney • FROM: Betty Johnson, staff liaison to Human Rights Commission SUBJECT: Clarification of Ordinance 338 DATE: November 14, 1977 The Human Rights Commission asked me to request that Ordinance 338, which amended Ordinance lll,be clarified. • ' Ordinance 111 establishes the Human Rights Commission. Ordinance 338, by intent, was to create the Community Based Services Board or Committee, it's not clear which. However, Ordinance 338 does not mention that Board or Committee, either in the title of the ordinance or in the body of the ordinance. Early versions of the ordinance do specifically say Community Based Services Board. And the minutes of June 21, 1977, when Ordinance 338 was given its final reading and approval by the Council, set forth the agenda item as "2nd Reading of Ordinance No. 338, amending Human Rights Ordinance to include Community Based Services Board to assist all supervised residential programs or social rehabilitation programs." Note too that Ordinance 289, An Ordinance Establishing and Regulating Family Care Homes for the Mentally retarded, Mentally Ill, Physically Handicapped, Elderly, and Individuals Needing Certain Rehabilitation Treatment, (which is an amendment to the zoning ordinance, #135). passed March 4, 1975 by the Council, specifically says that a Coyr pity Based Services Beard shall be created by the City Council. (Section 1, Subd. 5••-l--O--2 , page 5) It's not an earth-shaking matter, but the Human Rights Commission would like to see Ordinance 338 amended to make it clear that this is the ordinance that establishes the Community Based Services Board as a part of the Human Rights • Commission. • • • • • rtt/in 4/14//o Edentate Townhouse Dev. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 77-37 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 as follows: The Southwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 6, Township 116 North, Range 22, West of the Fifth Principal Meridian. The South 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 6-116-22, The Northeast 1/4 of the Southwest 1/4 of Section 6, Township 116, Range 22, Except that part described as follows: Beginning at a point on the North line of said Southwest 1/4 distant 1270 feet East of the Northwest corner thereof; thence Southerly at right angles a distance of 200 feet, said last described course bearing South 0 degrees 33 minutes 45 second East; thence South 35 degrees 33 minutes 45 seconds East a distance of 73.24 feet; thence Soutn 10 degrees 28 minutes 07 seconds East a distance of 321.52 feet; thence South 1 degree 58 minutes 35 seconds West a distance of 270.23 feet; thence South 19 degrees 03 minutes 40 seconds West a distance of 135.44 feet; thence South 4 degrees 01 minute 22 seconds West a distance of 347.95 feet more or less to the South line of said Northeast 1/4 of the Southwest 1/4; thence West along the South line thereof to the Southwest corner of said Northeast 1/4 of the Southwest 1/4; thence North along the West line thereof to the Northwest corner of said Northeast 1/4 of the Southwest 1/4; thence East along the North line thereof to the point of beginning, and Except that part described as follows: Commencing at the North- east corner of Lot 1, Block 1, LOCHANBURN; thence East along the Easterly extension of the North line of said Lot 1 a distance of 110 feet; thence South parallel with the East line of said Lot 1 a distance of 200 feet; thence West 110 feet to the Southeast corner of said Lot 1; thence North along the East line of said Lot 1 to the Northeast corner thereof. Par 1: That part of the Westerly 1/2 of the Southwest 1/4 of the Southeast Quarter lying North of the Northerly line of the plat '' of Bell.hurst Addition; and Par 2: The Northwest Quarter of the Southeast Quarter; Section 6, Township 116, Range 22 according to the Government Survey thereof. y2? Par 3: That part of the SE 1/4 of the SW 1/4 of Section 6, Township 116, Range 22 described as follows: Beginning at the NE corner of said SE 1/4 of SW 1/4; thence West along North line of said SE 1/4 of SW 1/4 to the East line of the West 1273.69 of the SW 1/4 of said Section 6; thence South along said East line to the Northerly line of Duck Lake Trail; thence Southeasterly along said Northerly line of Duck Lake Trail, 240 feet; thence at a right angle Northeasterly to center line of creek; thence Southeasterly along said center line to an intersection with the Westerly extension of the Northerly line of Lot 1, Block 3, Bellhurst; thence Easterly along said Northerly line extended to East line of said SE 1/4; thence North to beginning, 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 EDEN PRAIRIE TOWNHOUSE COMPANY, a co-partnership consisting of Gerald B. Pautz and Pautz-Franklin Realty Co. and the City of Eden Prairie, which agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City relating to such RM 6.5 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 , 1978 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the $. A day of , 1978. ATTEST: Wolfgang Penzel, Mayor John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1978. -2- !/2,e REZONING AGREEMENT This agreement made and entered into in triplicate this day of , 1976 by and between the EDEN PRAIRIE TOWNHOUSE COMPANY, a co-partnership consisting of Gerald B. Pautz and Pautz-Franklin Realty Co., a Minnesota corporation, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafterreferred to as "City," WITNESSETH: WHEREAS, Owner has requested the City to change the zoning from Rural to RM 6.5 for development of 38 plus acres of land more fully described in Exhibit A attached hereto and made a part hereof, which is identified as Edengate Townhouse Development; and _ WHEREAS, Owner agreed to develop the aforementioned property in consid- eration of the City's changing of the zor'-g, and Owner further agrees that as a part of said consideration it will lay out, develop and maintain said project as hereinafter set forth. NOW, THEREFORE, This Agreement witnesseth that for and in consideration •• of the Mayor and City Council of the City adopting an ordinance changing the . i zoning from Rural to RM 6.5, 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. That 38.2 acres be developed into 176 townhouse units per plan dated EA. 30-'7 , 197g attached hereto as Exhibit B. 2. That the owner shall dedicate and convey to the C{ty-9, acres in accordance with Exhibit B. y.?9 1 • 3. That the Owner shall provide to the City an casement over 5.08 acres of land along Purgatory Creek and to the playground facility to the North in accordance with Exhibit B. 4. That the Owner shall provide a right-of-way, 100 feet in width across the Owner's property from the South boundary near Duck Lake Trail to the North of Edengate in accordance with the plan outlined by City Engineer, Carl Jullie, in his letter of February 3, 1978 with Owner agreeing and accepting the assessment as outlined in said letter subject to the qualification that said assessment of $190,000.00 shall be subject to increase in the event that the cost of acquiring a right-of-way from Duck Lake Trail to the southerly entrance to cdengate exceeds the $12,500.00 as set forth in said February 3, 1978 Memorandum to the Mayor and Members of the City Council from Carl Jullie, City Engineer. 5. That no other access will be provided from the Edengate Project to Duck Lake Trail except to the Dell Road Construction as outlined in said Memo of February 3, 1978, attached hereto as Exhibit C. 6. That all townhouse units constructed on said project will be of varied earth tone colors in wood product siding with varied coordinating roof colors( U �.� ._^ is vJ 7. /That a grading plan be subnfitted for staff review and approval showing minimum floor elevations for each lot before final plat approval. 8. That erosion controlled measures be taken during the construction to prevent excessive soil loss, including establishment of ground cover immediately following or during construction. 9. That the necessary borrow material for the constriction of Dell Road in � ' accordance with the Memo of February 3, 1978 will be made available to the ,, ,!' City from the Edengate Project. 10. That grading shall occur in a sensitive manner conserving vegetation, top soil and natural land forms wherever possible as approved by staff. 11. That a pedestrian trail he constructed on the West side of Dell Road consistent with the pedestrian trail in Maple Leaf Third Addition. Said trail shall be 6 feet wide, 4inches thick deep strength asphalt construction. 12. That the construction of the townhouse be staged over a minimum of a four year period with no more than 46 units being constructed per year. 13. That the Edengate project is subject to park dedication fees of $200.00 per unit and that the cash park fee be collected at the time building permits are issued. 14. That plans for landscaping, buffering and lighting be submitted to the City staff before the second reading of the ordinance and approval of the rezoning agreement. Detailed landscaping plans on each phase he submitted per Ordinance 178. - -2- 4130 • • 15. That additional rear yard land be conveyed to adjacent single family lot owners along Tartan Curve as proposed by the owner if desired by the owners of the single family lots, in accordance with Exhibit B. 16. That at least 70 additional guest parking be provided throughout the Eden- gate Project. 17. That unless the Homeowners Agreement restricts the outsido.parking of recreational vehicles, a properly screened recreational vehicle parking area be provided for 15 vehicles. 18. That detailed construction plans for the Edengate Project be approved by the Purgatory-Riley Watershed Districts prior to site grading and that any additional requirements of the Watershed District be made a part of the rezoning agreement. 19. That construction on the Edengate Project begin within 18 months of approval of the rezoning agreement and ordinance or zoning on the property will revert '' back to a rural zoning with concept use of the property for single family detached residential dwellings. 17 4 20. That owner construct and furnish conunon area amenities within each construction phase as unit construction proceeds,with all common area facilities furnished in finished form at time of final phase building permit application. The necessary facilities must be provided for play areas as determined by City Staff's analysis of project needs. 21. That owners 'ssume the cost of all street lighting required within the Edengate Project. 22. That the City Engineer's reports be complied with and that all sanitary sewer, water main and storm sewer facilities, concrete curb and gutter and bituminous surfacing whether to be public or private shall be designed to City standards by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The developer, through his engineer, shall provide for competent daily inspection of all street and utility construction, both public and private. Asbuilt drawings with service and valve ties on reproducable mylar and cert- ification 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. 23. That the owner construct all townhouses in accordance with the approved plans and specifications and comply with all setback standards applicable to said project. 24. That the owner comply with all requirements of the Pollution Control Agency. 2S. Warranty of Owner. The owner hereby warrants and represents to the City as adduccment to the City's entering into this agreement -3- -/3/ that owner's interest in the subdivision is as vendee under a contract for deed. Prior to final plat approval a title • opinion must be provided to the City by the Owner and all • persons with any interest in the subdivision must also execute this agreement. Contract for deed vendors, mortgagecsand others with a claim of title or who hold equitable title must agree to allow the subdivision to be encumbered by the terms of this agreement. 26. Bonding. Prior to issuance of any building permits in this subdivision and prior to the installation of any improvements by the City or owner, the Owner shall deliver to the City Engineer a performance bond and/or penalty bond in an amount equal to the total amount necessary to assure the payment of the special assessments for the Dell Road improvement and of all fees for City Engineering and administrative services. 27. Transfer of title. The Owner may not sell, transfer or lease any of the property within the Edengate Project until all of the conditions contained herein that are applicable to develop- ment of the property prior to the sale of the first units in the stage one development have been fully and safely completed in accordance with the provisions of this rezoning agreement, without the Cit?'4j/written consent. �1,;o•rcAfr.r-ate 28. Homeowner's Associat-ion. The Owner agrees to create a viable homeowner's association acceptable to the City which will be responsible for the ownership an' .:aintenance of among other things: Common facilities, private roads, private sewer and water lines, open space, pathways, drainage ways, and drainage ponds and any of the improvements herein which are not to be accepted by the City for public ownership and maintenance. Such maintenance shall include among other things repair, replacement when necessary, snow removal, grass cutting, weed control, clean- • up'of trash and debris, mosquito control, odor control, drainage • ` ways, sil removal from drainage ponds, grading and surfacing of private roads. If a reasonable maintenance standard is not maintained by the Homeowner's Association, the City shall have the right to take corrective action it deems appropriate to protect the health, safety and welfare of the public and to assess against said Homeowner's Association and/or the land in the subdivision • for all costs incurred therefor. Such corrective action shall not change the status of a private improvement. Said Homeowner's Association shall maintain public accessibility to trails and walkways which are necessary for continuing with existing or future trails and walkways in adjacent neighborhoods. 29. Fees. The Owner agrees to pay all City fees required per the current City fee schedule;and-further agrees to completely reim- burse the City for all the costs it incurs including but not__ -4- 1/3e2 • limited to direct City payroll and overhead costs, fees paid to consultants and other professionals and the costs of printing, • mailing and supplies. The City Plannewill determine escrow amounts to cover these fees. Escrow deposits shall be made at the time of application for final subdivision ap rp oval. FURTHER City and property Owners agree: 1. Thrt the owner will comply with all applicable rules, regulations, ordinances and laws of the City of Eden Prairie. 2. That the provisions of this Agreement shall be binding upon and enforceable against Owner, its successors and assigns, and all subsequent owners, their respective heirs, successors and assigns, of the property herein described. 3. That an executed copy of this Agreement shall be recorded with the Register of Deeds for the County of Hennepin, State of Minnesota. 4. That if Owner fails to proceed in accordance with this agreement y within 18 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. 1N WITNESS WHEREOF, the parties to this Agreement have caused their presents to be executed the day and year ..eresaid. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY: • + Wolfgang Penzel, Its Mayor Roger Ulstad, its Manager • EDEN PRAIRIE TOWNHOUSE COMPANY, a co-partner- • ship consisting of Gerald B. Pautz-Franklin Realty Co., a Minnesota corporation BY: Gerald B. Pautz BY: Pautz-Franklin Realty Co., a Minnesota corporation By: Its Its -5- I' 7 3 STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of _, 1978 by Wolfgang Penzel, Mayor and Roger Ulstad, Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) rf The foregoing instrument was acknowledged before me this day of , 1978 by Gerald B. Pautz. Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) . The foregoing instrument was acknowledged before me this day of `, 1978 by and of the Pautz-Franklin Realty Co., a Minnesota corporation, on behalf of the corporation. ' Notary Public • ti -6- �' I • Southwest 1/4 of the Southeast 1/4 of the i:orthenot 1/4 of Section 6, .nship 116 North, Ranee 22, West of the Fifth Principal ITeridian. • South 1/2 of the Southwest 1/4 of the'Northeast 1/4 of Section 6-116-22, • Northeast 1/4 of the Southwest 1./4 of Section 6, Township 116, Rang^ 22, • eept that part described as follow::: Beginning at a point on the North lie said Southwest 1/4 distant 1270 feet East of the Northwest corner thereof; nice Southerly at. right angles a distance of 200 feet, said last described • arse bearing South 0 degrees -33 minutes 45 second East; thence South 35 de-- ees 33 minutes 45 seconds East a distance of 73.24 feet; thence South 10.1ee minutes 07 seconds East a distance of 321.52 feet; thence South 1 degree minutes 35 seconds West a distance of 270.23 feet; thence South 19 degree:. minutes 40 seconds ','test a distance of 135.44 feet; thence South 4 degrees • minute 22 seconds !lest a distance of 347.95 feet more or less to the Sou`':. . ne of said Northeast 1/4 of the Southwest 1/4; thence West along the South ne thereof to the Southwest corner of said Northeast 1/4 of the South;:a;;, 4; thence North along the West line thereof to the Itorth:rest corner of :;ai,' rthe:st 1/4 of the Southwest 1/4; thence East along the.North line thereof the point of beginning, and :cant that part-part- :'_6C1D?'..l as iGiO".. ';GLttf.i:='121n .. (; ?.� the iiG:`o}1Cii:it career c t 1, Block 1, L0S`!A.N`3U:N; thence East along the Easterly extension of the rth line of said Lot 1 a distance of 110 feet; thence South parallel with East line of said Lot 1 .a distance of 200 feet; thence Vest 110 feet to •S utheast corner of said Lot 1; thence North along-the East line of said t 1 to the Northeast corner thereof. r 1: That pert of the Westerly 1/2 of the Southwest.1/4 of the Southeast _arter lying North of the Northerly line of the plat of Dellhurst Addition; .i . _r 2: The Northwest Quarter of the Southeast Quarter; Section 6, Tovnshiu .6, Range_ 22 according to the Government Survey thereof. _r 3: That part of the SE 1/4 of thc 3:': 1/4 of Section i, Township 116, • _nee 22 described a3 follow: Begirding at the NE corner of said SE 1/4 :', 5'a 1/4; thence We et alone North lire of said SE 0 of SW 1/4 to the East _ne of the Weet 1273.69 of the SW 1/4 of said Section 6; thence South alone :id East line to the Northerly line of hurl: Lame Trail; thence 3outheeetcr3 one; said Northerly line of Duck Lake Trail, 240 feet; thence at a. right. • -.ale Northeasterly to center line of creel:: thence Southeasterly aloe: .rti:i rater line to an intercectien with the Westerly ertenei.on of the ilorterl' _aeof Lot 1, NIocic 3, lirl]hur:;t; thence l e:er];; ..lone eat'id Northerly tin: „exLcnded to Feet line of en LI Se 1/4; t.hrnre (:cute( Lu b'j;.ieiiite.,. . • • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 3, 1978 SUBJECT: Edengate Project Dell Road Construction and Cost Sharing We have reviewed some fairly detailed cost estimates for the construction of Dell Road from Duck Lake Trail through the Edengate project, as prepared by Mr. Frank Berg from Consulting Engineers Diversified, Inc. The estimated cost for common fill, subgrade corrections, creek crossing culverts, ag- gregate base and a 28' wide bituminous surface from Duck Lake Trail to the southerly entrance to Edengate is $130,000, plus $12,500 for right- of-way acquisition. The cost for common fill, subgrade correction and drainage culverts from south entrance to the north property line of Eden- gate is $85,000, plus an additional $36,000 for the aggregate base and 28' bituminous surfacing. This gives a total estimated cost of $264,000 for all grading and Stage I surfacing of Dell Road from Duck Lake Trail to the north line of Edengate. These estimates assume that borrow material is available from the Edengate site. The total amount of front footage along the proposed Dell Road alignment within the Edengate project is 3,760 feet. Using an assessment rate of $28.00 per foot, this assessment cost would be $105,280, assuming the road were located in typically good soil conditions. • We believe that a reasonable settlement of the Dell Road assessment ques- tion could be reached along the following lines: 1. The City will initiate an MSA public improvement program to acquire right-of-way and construct Dell Road from Duck Lake Trail to the north line of Edengate at an estimated cost of $264,000. Borrow material from the Edengate project shall be made avail- able to the City. 2. The requirement for a temporary access to Duck Lake Road will be deleted, but the developer must make some provision for emergency access to Harrogate Drive. 3. The developer shall agree in the Rezoning Agreement to accept • an assessment of $190,000 over a 5 year period. Exhibit C j, - p - 4. The City could levy some assessment (515,000±) to the undevel- oped parcel between the south line of Edengate and Duck Lake Trail. 5. The City would renew its intentions to open Dell Road from Duck Lake Trail south to Valley View Road and Valley View Road east to County Rd. 4 within three to five years. This would ad- dress the concerns expressed over increased traffic on Duck Lake Trail. • We will be prepared to discuss further details of this proposal at the Council's pleasure on Tuesday evening. N CJJ:kh • • • 437 • HOWARD DAHLGREN ASSOCIATES IN CO IIPO NAT C CONSULT$NO PLANNERS ONE O R O V E L A N O TERRACE MINNEAPOLIS.MINNESOTA SSAO3 sIiN„•353e March 2, 1978 Honorable Mayor and City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 ATTENTION: Mr. Roger Ulstad, City Manager RE: Edengate Development Dear Mayor and Council Members: At a Council meeting on January 17, 1978 there appeared to be a general consensus among the Council regarding the cost and appropriate assessments for the construction of the ('parkway" on the east side of the Edengate development. Subsequent to that meeting, we met with your staff and reviewed cost estimates, soil conditions, and various • design criteria and methods of constructing the parkway. Based on these discussions, your staff proposed a negotiated settlement wherein we would pay an assessment of $190,000 for the construction of the parkway. We did not discuss payment on our part for right-of-way or parks contribution which we had assumed were already agreed upon. At the meeting of February 7th, the Council voted to accept the $190,000 settlement for parkway construction, but added a requirement that we pay the difference between the ultimate cost of the right-of-way, minus $12,500 estimated by the Public Works Director, and that a $200 fee per unit be added in addition to the land dedicated for park purposes. We noted at the meeting in response to a question from the City Council, that Council's proposal was substantially higher than that to which we had agreed to with the staff, and therefore was not acceptable to us. Following the February meeting, we have again met with the staff to review the development agreement based on the Council's action. Though we anticipated no payments for right-of-way, parks dedication, or trails construction, other than the $190,000 settlement figure, in the spirit of compromise, we would agree to the following proposal: 1 Honorable Mayor and City Council March 2, 1978 Page Two 1. Pay $100 per unit to the park fund $17,600 2. Contribute up to $7,500 for right-of-way (added to $12,500) 7,500 3. Add $10,000 to the $190,000 assessment (for construction of a trail on the 100 foot park right-of-way) 10,000 TOTAL $35,100 As an alternative, we hereby offer to the Council the following proposal which allows for a minor change in the plan and unit count, but allows us to contribute substantially more money to the City. This proposal is as follows: 1. Add 14 units to the site equalling a total of 190 units (most of these are located where the old access road was). Pay $200 per unit for park fund $38,000 2. Contribute up to $7,500 for right-of-way. . . 7,500 1. 3. Add $29,600 to the $190,000 proposed ± to construct the parkway, including the trail 29,600 TOTAL $75,100 You will note that this proposal is still eight units less than the 198 unit plan approved by the Planning Commission, and is 50 units less than the original concept plan which included 240 units. More f' important, this proposal gives an addition $40,000 to the City which is a direct savings to the City tax payers. The additional taxes from 1 the additional 14 units, of course, will also be an annual increase q, asset to the Community. Attached are copies of the revised 190 unit plan which has been referred to the staff for their review. For your reference, a reduced copy of the 176 unit plan is also attached. Of the two plans, we feel the 190 unit plan is advantageous to the City and request that it be approved as an amendment to the second reading of the Ordinance and is offered as a settlement to the court • i. Honorable Mayor and City Council March 2, 1978 Page Three case, if approved at the March 7th meeting of the Council. We would also accept, as a final settlement, the approval of the 176 unit plan with the additional $35,100 contribution as outlined in this letter, and as provided in our proposed rezoning agreement. We sincerely hope that the March 7th meeting will result in a final and amiable settlement with the best interests of the City and the developer in mind. Cordially yours, HOWARD DAHLGREN ASSOCIATES, INC. • Howard Dahlgren cc: James Dorsey • Gerald Pautz Richard Pautz • • y yD t • i i. ! 1 . s. - - pia;� f- n ' �` ``' L �.k i, fj• i!i 41 L Q f _=3 - k I., I: ,13111i5. tt I s blig . a4 ; R Tf• P liSits* ,N . . ., tfi �a. \ •cacao a Y. ;_ ., /N7\t•" ' n o pp ACCCCC • • 0 ., • ki `'tl 1, :IAI3I oo o°° �'/off 44 ,, 0:10 © \\-- l ©i ::7 N sv1O44,i z jjjj V f] � Ql 1 �7h `f yV/ • • • ( . 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TO: Mayor and Council THRU: Roger Ulstad, City Manager FROM: John Frane, Finance Director DATE: March 2, 1978 RE: Request from Circle Rubber for Municipal Industrial Revenue Bonds. We have reviewed data submitted by Circle Rubber Company with the criteria the city established for issuance of MIDB's in our resolution #596. City Guidelines Circle Rubber Amount of bonds - $500,000 $600,000 Audits for last 2 years furnished Dun and Bradstreet furnished Earnings - 2 x Principal and Interest 5 + times The appiica:,t exceeds our requirements. Resolution 78-38 is attached for your approval. yy6 Member introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELI*"INARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUS- TRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONED OF SECURITIES FOR APPROVAL, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPARA- TION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: • 1. It is hereby found, determined and declared as follows: 1.1. The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and the state has encouraged local government units to act to prevent such economic deteriora- tion. 1.2. Circle Rubber Company, a Minnesota corporation (hereinafter, the Company) , has advised this Council of its desire to acquire additional land within the City, and to construct and • equip thereon an addition to the Company's existing facility (such land, buildings and equipment being hereinafter referred to as the Project), for use by the Company as a facility for the manufacture of rubber products. • 1.3. The existence of the Project within the City would significantly increase the tax base of the City, County and school • district in which the City is located, and would provide opportuni- ties for employment for residents of the City and surrounding area. 1.4. The City has been advised that conventional commer- cial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that • the economic feasibility of operating the Project would be signi- ficantly reduced, but that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible. 1.5. This Council has been advised by a representative of Dain, Kalman & Quail, Incorporated of Minneapolis, Minnesota, investment hankers and dealers in municipal bonds, that on the • y7r 1 basis of information submitted to them and their discussions with representatives of the Company and potential buyers of tax-exempt bonds, industrial development revenue bonds of the City could he issued and sold upon favorable rates and terms to finance the Project. 1.6. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Company, and the issuance of such bonds by the City would be a substantial inducement to the Company to construct its facility within the City. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds under the provi- sions of Chapter 474, to finance the Project of the Company at a cost presently estimated to be approximately $600,000. 3. The Project above referred to is hereby given pre- liminary approval by the City and the issuance of bonds for such purpose and such amount approved, subject to approval of the Project by the Commissioner of Securities and to the mutual agree- ment of this body, the Company and the initial purchasers of the bonds as to the details of the bond issue and provisions for their payment. In all events, it is undersLood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project, and each bond, when, as, and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of. the City. 4. The form of Memorandum of Agreement relating to the issuance of revenue bonds of the City to finance the cost of the Project is hereby approved and the Mayor and City Manager arc hereby authorized and directed to execute the Memorandum of Agreement in behalf of the City. 5. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7, the Mayor is hereby authorized and directed to submit the proposal for the Project to the Commissioner. of Securities for his approval. of the Project. The Mayor, City Manager, City Clerk, City Attorney and other officers, employees and agents of the Ci.t" arc hereby authorized to provide the Commissioner with any prelimin- ary information he may need for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may he appropriate to the Project, if it is approved by the Commissioner. Mayor Attest: '1 City Clerk -2- !� .4 4 ce/3-2-78 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 78- 39 A RESOLUTION AMENDING RESOLUTION 78-03(A RESDLUTION REQUESTING HENNEPIN COUNTY TO TRANSFER CDBG FUNDS FROM PROJECT # 56 TO PROJECT #57 WHEREAS, the City of Eden Prairie has executed a joint powers agreement with Hennepin County thereby agreeing to participate in a Grant Application under the Urban County designation provided for in the Housing and Community Development Act of 1974, and WHEREAS, a grant application has been prepared requesting funds to undertake a community development program, including appropriate citizen participation , goal establishment and implementation plans and procedures, and WHEREAS, the amount originally allocated by Hennepin County for use in 1977 for Edenvale Park Site could not be expended, and WHEREAS, additional construction at The Preserve Park Site has been accomplished in 1977, and costs incurred, NOW THEREFORE , BE IT RESOLVED, that the City Council of the City of Eden Prairie does hereby request Hennepin County (as Administrator of Community Development Block Grants) to transfer $37,900 allocated in Fund No. 56 for Edenvale Park Site to Fund No. 57 for use at Preserve Park Site to offset actual costs incurred in 1977. h. 8E IT FURTHER RESOLVED, that the City Council of the City of Eden Prairie requests that project #56 and #57 for Community Development Block Grant be considered multi-year projects. ADOPTED , by the City Council of the City of Eden Prairie this 7 day of March , 1978 ATTEST: Wolfgang H. Penzel, Mayor �. John D. Frane, City Clerk SEAL 115/ • ,:. • • MEMORANDUM TO: Mayor and City Council 7HRU: Roger K. Ulstad, City Manager FROM: Chris Enger, Director of Planning f i. 1 DATE: March 3, 1978 SUBJECT: Community Development Block Grant On January 3, 1978, the City Council passed Resolution #78-03 which authorized Hennepin County to transfer last years Community Development Block Grant funds earmarked for Edenvale School/Park to the Preserve School Park for expenditures incurred by the City for park construction in 1977. Attached is a letter from Julie Bye, of Hennepin County, making us aware that in order to consider Edenvale as a multi-year project (thus enabling us to incur expenses and start work prior to September 1978) we must leave $1,000 in the Edenvale fund. ' Therefore, I would suggest a resolution authorizing transfer of $37,900 rather than $38,900. CE:md • 7-5— OFFICE OF PLANNING & DEVELOPMENT %_ ••"` 2308 Government Center 'ri< Minneapolis,Minnesota 55487 ,.es HENNEPIN SL 27 February 1978 1 1'. Mr. Chris Enger, Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Chris: Presently, Resolution 78-03 requests Hennepin County to transfer the entire allocation ($38,900) for the Edenvale Park Project to the Preserve Park Project. By transferring the entire sum, the Edenvale Park Project is eliminated as a Year III Community Development project. 1 In order for the Edenvale Park Project to remain as a Year III project, the City Council must pass another resolution reallocating money from the Preserve Park project to the Edenvale Park project. A sum of $1,000 is all that is necessary. We fully realize it was not the intent of the resolution to eliminate the Edenvale Park project from Year III activities; however, a resolution reallocating the money is still necessary. With the passage of the new resolution, the Edenvale Park project will continue to be a Year III activity and eligible for designation as a multi-year project for Year III and IV activities. If you have any questions, please contact me at 348-6680. Sincerely, ( )0..Lw 15r Julie Bye Management Analyst cje HENNEPIN COUNTY 1/cO an equal opportunity employer • MEMORANDUM TO: Roger Ulstad FROM: Keith Simons DATE: February 3, 1978 RE: Eden Prairie Sign Ordinance - Non-conforming Signs and Variances Generally - Scope of Ordinances Eden Prairie Ordinance 152 regulates "advertising signs" which are off premises, non-accessory type or billboard type signs. Ordinance No. 262 seeks to regulate all other type signs which would be on premises signs, located on the site which they purport to relate to. Each of these ordinances have the effect of making certain existing signs illegal and should contain provisions concerning the phasing out of these non-conforming signs. Likewise, they each contain provisions regarding variances providing for procedures for granting variances and standards upon which any request for variance must be judged. Non-conforming Signs • Where Ordinances have made existing signs illegal, two basic approaches to phasing out non-conforming signs are common. The first is merely to allow their use until they are discontinued, abandoned, altered or restored after • their destruction or removal at which time they must be brought into compliance with existing standards. This approach is reflected in Alternative A which is attached hereto under Non-conforming Uses. This approach has been a standard approach with non-conforming zoning uses and in fact is the approach used by the Eden Prairie Zoning Ordinance 135. The second common approach is a phasing out over a period of years, otherwise known as amortization, which has been upheld by the Courtsas not • icA violating the rule against taking without just compensation. The leading case on this approach is Nacgele Outdoor Advertising vs. Minnetonka, 162 N.W. 2d, 206 (1968) in which a simple phase out after a period of years of existing signs was upheld. This approach is reflected in Alternative B on the Non-conforming Uses attachment. Alternative C is a variation of this approach which is what is presently contained in Eden Prairie Ordinance No. 261. Efforts have been made to base amortization on various formula based on their value and replacement costs, etc. However, the more complex formulas seem to be the most susceptible to legal challenge. Whether or not the existing Ordinance 261 is modified or revised, it is recommended that Ordinance 152 need's an additional provision concerning signs which have never been licensed and are made illegal by that Ordinance. Variance Standards The attachment entitled Variance Standards with Alternatives A, B, C and 0 gives several approaches to the questions of standards for variances. 001 The problem with variances is on the one hand4to be so strict in regulations as to be inequitable with those who have a hardship resulting from sign ordinance standards and on the other hand if variance standards become too liberal the overall ordinance can become easily circumvented. The traditional concept of variances has been to limit the concept of hardship to be a hard- ship resulting from peculiarity of the land itself as opposed to economic hardships which might be suffered by the applicant. How broad or strict the variance standards should be is a matter of policy and, of course, they can take many forms. -2- 1 Alternative D which is the proposal of the Eden Prairie Sign Ordinance is somewhat unique in that it would make variance a right if any one of three standards were met and if there was no material detriment to the public welfare or property in the vicinity. This approach would tend to shift the burden and would probably result in more variances than under the more common approach where all standards must be met in order for a variance to be granted. 1 -3- NON-CONFORMING USES Alternative A Section (a) A sign lawfully in place on the effective date of Ordinance Nos, 152 (or 261) or amendment thereto, that does not conform with the regulation created by that ordinance or its amendment shall be deemed to be a non- conforming sign and may be continued except as otherwise provided in this Article. (b) The number and extent of non-conforming signs shall be limited by their enlargement, their re-establishment after abandonment or their alteration or restoration after destruction or removal. 't Alternative B A lawful sign on the effective date of this Ordinance or of amendments thereto that do not conform to the provisions therein shall be regarded as a non-conforming sign. Such signs may be continued in use when properly and 4 safely mai ta{ned for a period of ^Pars from the date of the enactment of this ordinance. At the end of the years they shall be made to conform with the provisions of this Ordinance or they shall be removed by , the owner. Alternative C (From existing Ordinance 261) Section 6. Non-Conforming Signs. (b) Signs with valid permits erected after October 11, 1966, but made non-conforming by this amendment, or any additional amendment thereto, shall be removed, modified or replaced on the following schedule: ti 1 - non-conforming feature 3 years 2 - non-conforming features 2 years 3 - non-conforming features 1 year from the date of adoption of this ordinance. y�r"Jr' VARIANCE STANDARDS • Alternative A Considerations: 1. That particular physical surroundings or topographical conditions of the specific parcel of land involved. 2. That the conditions involved is unique with the particular parcel of land involved. 3. That the purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the business involved. f' 4. That the alleged difficulty or hardship is caused by this ordinance and has not been created by any person presently having 4 an interest in the parcel. . 5. That thegranting of the variation will not be detrimental to the ?' public welfare or injurious to other land or improvements to the 1. neighborhood. 44 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or interfer with the function of the police or fire departments of the City. t, Alternative B 5# (From existing ordinance 152) The Board shall hear and decide appeals in the 1' following cases: (b) Requests for variances from the literal provisions of this ordinance in instances where their strict enforcement would , cause unique hardship because of circumstances unique to the individual property or proposal under consideration. Alternative C (From existing Ordinance 261) The Board shall hear and decide appeals in the following cases: (h) Requests for variances from the literal provisions of this ordinance. The Board shall grant a variance only if the appellant proves that: (1) There are exceptional or extraordinary circumstances applicable to the property, or to the intended use that do not apply generally to other property in the same vicinity and zoning district; (2) The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question; (3) That the strict application of the ordinance would constitute an unnecessary hardship; and (4) That the granting of the variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located. Alternative p (From the proposed changes of the Eden Prairie Sign Ordinance Committee) Variances. The board shall grant a variance if the applicant meets the requirements of 1) and at least one of the sub-sections under 1). 1) Requests for variances from the literal provisions of this ordinance shall be granted if the granting of the variance would not be , materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located. (a) There are exceptional or extraordinary circumstances applicable to the property, or to the intended use that do not apply generally to other property in the same vicinity and zoning district; (b) The variance is necessary for the preservation and enjoy- ment of a substantial property right possessed by other property in the same vicinity and zone; and (c) That the strict application of the ordinance would constitute an unnecessary hardship. 4-57 MEMO TO: Mayor and City Council FROM: Chris Enger, Planning Director THROUGH: Roger K. Ulstad, City Manager DATE: March 3, 1978 SUBJECT: STATUS OF JET USE OF FLYING CLOUD AIRPORT Since the adoption of Ordinance #S1 by M.A.C., our office has received two calls complaining of jet noise in the Creekwood and Bluffs Areas. In checking with Herbert Burg, Assistant Director of Flying Cloud Field Tower of the Federal Aviation Administration, there have been about 1 or 2 jet operations per week since adoption of Ordinance 8S1. These operations have been almost exclu- sively BASCO's Lear Jet and their Saber Liner. Both of these aircrafts are able to meet F.A.R. Part 36 as required by Ord.#S1. Houevcr, the proper noise abatement flight procedure must be followed in order to comply, and Mr. Burg stated that neither the tower or M.A.C. would know if this procedure had been violated. Our staff will continue to document complaints and make periodic } inquires of Ordinance violations. However, aspects of Ord. #S1 appear to he unenforceable. • CE:jj q5 MENORAN DUM TO: Roger Ulstad FROM: Ross L. Thorfinnson DATE: March 2, 1978 RE: Round Lake Deeds The proposed deeds on the Round Lake property from Independent School District #272 to the City of Eden Prairie with the language included in Attachment A are acceptable from a legal point of view. The last clause on Attachment A does recognize the need to and the probability of locating a public thoroughfare on the described property. If the City and the School District cannot agree on the location of that public thoroughfare, then the only question to be determined.by the Courts would be what the appropriate location should be. Inclusion of the language in the deed does establish a need for a thoroughfare and c'_;minates the necessity of litigating that question first before asking the Court to determine the location if the School District will not work out an acceptable location • ' agreement with you. - . /� RLT:jh 1 „L, ,.'.,,e, :77 7":",kirir:r..rrrl . •1- • February 21, 1978 g 'Q Mr. Robert Lambert :t City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 '0 e Re: Round Lake Deeds 0 r m 0 Dear Bob: • Bob, our attorney Paul Ratwik is forwarding to you one Quit M Claim Deed for each parcel of land, i.e., one for the LAW- v m CON property and one for the fire station, The fire station n '^ deed is without restrictions; however, the LAWCON property d deed has the restriction as worked out by Peter Popovich, t E Roger Ulstad and myself. e q. u :o The school board has already authorized the 'transfer of this a property subject to approval'by legal counsel. Therefore, c I assume their signatures on the Quit Claim Deeds will be perfunctory. I am asking our attorney to send these docu- • ment^ directly to you since I am leaving on vacation and will not be back until March 6. I am hopeful that your o staff and/or counsel will have been able to act on these deeds by the time I return so that I can arrange for our o school board to sign them and as a result, cause the trans- g fer of properties to occur. • m 0 Bob, if there are any questions that require answering in the next couple of weeks, you may contact Bob Fallon our super- • intendent and if there is any question that only I can answer, , n you may contact my secretary - since I will be calling into the office occasionally. 4 a Sincerely yours, v EDEN PRAIRIE SCHOOLS f---4.0 Merle 0. Gamm 0' Director of Business Services /s cc; Mr,Rofcr Ulstad Dr. Fallon u1,0 LAW OFFICE • ieterson, giof2ovieI 5(nutson & 9Cjnn PROFESSIONAL ASSOCIATION 314 MINNESOTA BUILDING SAINT PAUL.MINNESOTA 59101 012-222.5515 PETERSON w POPOVICX FRED N.PETERSON.JR. PETER S.POPOVICH 1047• • JAMES E.KNUTSON February 20, 1978 JOSEPH C.FLYNN PAUL W.HETLAND ROOERT A.NUGHES PAUL C.RATWIK FEB !1 " •�. THOMAS V.DCNDER . .� JOHN M.RO9ZAK TNOMAS M.WHIMS LEO M.DALY • Mr. Roger Ulstad City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 Re: Our File No. P77-395 Round Lake Site s Dear Mr. Ulstad: Enclosed, as per Merle Gamm's directions, please find the original and one copy of each of the quit claim deeds from the school district to the city for the Round Lake site. We have modified each quit claim deed to reflect the status of the school district as a public school corporation. The proposed restriction upon road location and construction has been inserted in the deed which conveys the 41.77 acre tract which does not include the fire station site. We did not include the proposed restriction in the deed of 2.29 acres of land for the fire station site. If you have any questions relating to the deeds, please feel free to contact us. Very truly yours, PETERSON, POPOVICIi, KNUTSON & FLYNN Paul C. Ratwik PCR/kt Ercs. 1///,t line of C.S.A.H. No. 4 accordin9 to the recorded plat thereof; thence south 3 degrees 9 minutes 55 seconds East along said "test right of way line of C.S.A.H. No. 4 a distance of 600.15 feet; thence on a bearing of West parallel with said South line of the North half of Section 8 a distance of 250.00 feet; thence South 3 degrees 09 minutes 55 seconds East parallel with said Wiest right of way line of C.S.A.H. No. 4 a distance of 400.00 feet to the actual point of beginning. This Tract contains 41.77 acres of land and is subject to any and all easements of record. Provided, however, that in the event the City or its successor j desires to locate and construct any public thoroughfare on the above described property, the City will submit to the Grantor detailed plans and information relating thereto. The parties shall mutually agree as to the feasibility for and the location and construction of such thoroughfare. • ATTACHMENT A MEMORANDUM TO: Mayor and City Council THRU: Bob Lambert, Director of Community Services FROM: Jim Jensen, Park Planner DATE: March 3, 1978 • SUBJECT: Park Construction 1978 Park equipment will again this year take place using leased equipment with our own Park Maintanance crew and the 10 people received for this purpose under the CETA Grant. We hope to complete the following projects this year assuming that our CETA Grant is extended past June 10th: ROUND LAKE PARK 8 softball fields 1 Babe Ruth field 4 tennis courts 1 hockey rink • PRESERVE PARK - complete work started last fall 2 softball fields 1 soccer :field 1 football field 1 hockey rink • 1 free skating rink EDENVALE PARK 1 softball field 1 soccer/football field 1 warming house 1 hockey rink 1 free skating rink BRYANT LAKE PARK 1.5 miles bicycle trails 2 miles equestrian trails 2 miles hiking trails FOREST HILLS/SCHOOL PARK • 2 tennis courts FLYING CLOUD Pi.AYFIELD 4 tennis courts • • -2- MATERIALS FOR 1978 PARK CONSTRUCTION REQUIRING AUTHORIZATION TO BID MARCH 3, 1978 Leased Grading Equipment ESTIMATED COST • • 3 11 cu. yd. elevating scrapers • 2 medium dozer (110hp.) 5 m. lease $68,000 Asphalt for trails at Bryant Lake 30,000 Limestone 15,000 Seed for Parks 7,500 Fertilizer for Parks 11,000 , Mulch for Parks 4,000 Ag-lime for infields of 12 fields 11,000 Backstops 12 fields 12,000 Lumber for 2 hockey rinks 8,000 Electrical for 1 hockey, 1 free skating rink 7,000 • Lights for 2 softball, 1 Babe Ruth • 50,000 • 6 tennis courts 70,000 ' Irrigation material fox 14 game fields 7,000 Warming House • 6,000 Leased Equipment 5,000 mulching machine cultivator/disc bobcat y6 y • CITY OF EDEN•PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: March 2, 1978 SUBJECT: MAPLE LEAF ACRES 4TH ADDITION PROPOSAL: The developer, Jarip Corporation, is requesting Final Plat ap- proval of "Maple Leaf Acres 4th Addition." This is a 7 lot single family residential plat (R1-13.5) located north of Hidden Ponds 2nd Addition, west of Maple Leaf Acres 3rd Addition, and south of Lotus View Drive in Section 7. Dutlot B will be platted into single family lots (81-13.5) at a later date. HISTORY: The Preliminary.Plat was approved on September 6, 1977, per Coun- cil Resolution #77-97. Zoning to R1-13.5 was finally read and approved by the City Council on November 11, 1977, Per Ordinance #77-28. • The Final Plat now submitted for approval conforms with the approved Preliminary Plat. FARIANCES: A variance from the minimum lot size requirement of Ordinance #135 will be necessary. This variance was previously approved in the Rezoning Agreement dated November 11, 1977. UTILITIES AND STREETS: Municipal sanitary sewer and waternain have been installed through a City contract. Some extension of these utilities will be necessary to provide service to all lots and access to Outlot B. A petition requesting street improvements on Lotus View Drive was re- ceived by the City Council on February 7, 1978, and a feasibility report is in process. To enable the parcel located north of Lot 5, Block 2 (Parcel #4480, Section 6) to be divided with possibly two lots having access from the Lotus View Drive cul-de-sac. It is recommended that the cul-de-sac be moved 15' easterly. PARK DEDICATION: A cash contribution of $275 per lot in conformance with • the requirements of Ordinance 0332 will be payable upon issuance of building permits as specified in the Rezoning Agreement dated Novem- ber 11, 1977. A 1/6 • - 2 - 7 BONDING: The developer has petitioned the City to install the street and utility improvements to serve the lots and to assess the benefitted properties, therefore bonding for these improvements will not be necessary. A cash deposit will be required to cover the cost of street signs and first year costs for the installation and maintenance of street light- ing. RECOMMENDATION: Recommend approval of the Final Plat of 'Maple Leaf Acres 4th Addition," subject to the reconmiendations of this report. • 1. Move cul-de-sac 15' east 2. Cash park fee ($275 per lot) due at building permit time. 3. Cash deposit for street signs and other lights (#300). CJJ:kh 4/61 March 7, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-40 A RESOLUTION APPROVING FINAL PLAT OF MAPLE LEAF ACRES 4TH ADDITION '1 WHEREAS, the plat of Maple Leaf Acres 4th Addition has been sub- mitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Maple Leaf Acres 4th Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated March 2, 1978. _ B. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deeds and/or Registrar of Titles for their use as required by MSA 462.358, Subd. 8. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk �G S • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 7, 1978 CONTRACTOR (Mulit-family & Comm.) Condor Corporation Lang-Nelson Assoc. Peak Construction CIGARETTS & TOBACCO CONTRACTOR (1 & 2 Family) Lion's Tap Builtwell Construction FOOD ESTABLISHMENT - Type A Bruce Peterson (Lifestyle Homes) Pioneer Builders, Inc. Mr. Steak Rebers Construction Co. Strom & Mayville, Inc. FOOD ESTABLISHMENT - Type B PLUMBING Flying Cloud Drive-In Lakeside Plumbing & Heating, Inc. FOOD ESTABLISHMENT - !pe C Solberg Plumbing •( Swedlund Sewer & Water Lion's Tap Don Voss Plumbing & Heating Co. Servomation Corporation HEATING & VENTILATING RETAII. CANDY OUTLET Berghorst Plumbing & Heating Mr. Steak Northern Heating F,. Unique Indoor Comfort, Inc. VENDING MACHINES :1 GAS FITTER Serbomation Corporation , Unique Indoor Comfort, Inc. Don Voss Plumbing & Heating Co. t, These licenses have been approved by the department head responsible for the licensed activity. jize,e.a accalceptg„ Rebecca Quernemoen, Deputy Clerk These licenses have not been approved by the department head responsible for the licensed activity. PRIVATE KENNEL LICENSE Jerome Burns y`'y MLMORANDUM TO: Mayor and City Council 1'I3RU: Roger K. Ulstad, City Manager • FROM: Bob Lambert, Director of Community Services Stianet: OropoweA tnimyc?reject DATE: March 7, 1978 i.� On March 6, 1978, Fritz Rahr, 8301 West 108th St., Bloomington, appeared before the Parks, Recreation and Natural Resources Commission to advise the Commission of a potential problem that could be caused by a storm water sewer project. The drainage project is the final phase of the t; Projected Street Plan for 1970-80 and includes curb and gutter, storm sewer, sidewalk and a bikeway along W. Old Shakopee Road to Town Line Ave. y. (Co. Road 18). The present project is to terminate east of Co. Road 18 to a holding pond, but is proposed to eventually dump into Purgatory Creek. Mr. Rahr feels that this may have harmful effects on the spring fed ponds on River Road and on Purgatory Creek. The Commission was concerned with possible pollution to the creek and the increased water causing erosion to the creek banks. The Commission directed staff to inform the City Council at the March 7th meeting of the potential problems that this storm sewer may cause and take . the necessary action to advise the City of Bloomington of these concerns prior to a meeting of the Bloomington City Council on March 14, 1978. BL:md • j�. I TO: Mayor and Council THRU: Roger Ulstad, City Manager FROM: John Frane, Finance Director DATE: March 2, 1978 RE: Request from Circle Rubber for Municipal Industrial Revenue Bonds. We have reviewed data submitted by Circle Rubber Company with the criteria the city established for issuance of MIDB's in our resolution #596. City Guidelines Circle Rubber Amount of bonds - $500,000 $600,000 • Audits for last 2 years ' furnished Dun and Bradstreet furnished Earnings - 2 x Principal and Interest 5 + times The applicant exceeds our requirements. Resolution 78-38 is attached for your approval. I 1 i 5/y6 i i I • Member introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELImINAP,Y APPROVAL • TO A PROJECT UNDER THE MUNICIPAL INDUS- TRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPARA • - TION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. It is hereby found, determined and declared as follows: 1.1. The welfare of the State of Minnesota reouires ,t. active promotion, attraction, encouragement and development of • economically sound industry and commerce through h g al acts to prevent, so far as possible, emergenceofbli t ghtedlands iI and areas of chronic unemployment, and the state has encouraged local government units to act to prevent such economic deteriora- tion. ' 1.2. Circle Rubber Company, a Minnesota corporation(hereinafter, the Company), has advised this Council of its desire to acquire additional. land within the City, and to construct and f, equip thereon an addition to the Company's existing facility (such 1! ]and, buildings and eouipment being hereinafter referred to as the Project) , for use by the Company as a facility for the manufacture of rubber products. 1.3. The existence of the Project within the City would significantly increase the tax base of the City, County and school district in which the City is located, and would provide opportuni- ties for employment for residents of the City and surrounding area. 1.4. The City has been advised that conventional commer- cial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that • the economic feasibility of operating the Project would be signi- ficantly reduced, but that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible. • 1.5. This Council has been advised hs, a representative of Dain, Kalman & Quail, incorporated of Minneapolis, Minnesota, investment bankers and dealers in municipal bonds, that on the ( I:/7 I basis of information submitted to them and their discussions with representatives of the Company and potential buyers of tax-exempt bonds, industrial development revenue bonds of the City could he issued and sold upon favorable rates and terms to finance the Project. 1.6. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Company, and the issuance of such bonds by the City would be a substantial inducement to the Company to construct its facility within the City. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds under the provi- sions of Chapter 474, to finance the Project of the Company at a cost presently estimated to be approximately $6fl0,000. } 3. The Project above referred to is hereby given pre- liminary approval by the City and the issuance of bonds for such purpose and such amount approved, subject to approval of the Project by the Commissioner of Securities and to the mutual agree- ment of this body, the Company and the initial purchasers of the bonds as to the details of the bond issue and provisions for their payment. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project, and each bond, when, as, and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 4. The form of Memorandum of Agreement relating to the issuance of revenue bonds of the City to finance the cost of the Project is hereby approved and the Mayor and City Manager are hereby authorized and directed to execute the Memorandum of Agreement in behalf of the City. 5. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7, the Mayor is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities for , his approval of the Project. The Mayor, City Manager, City Clerk, City Attorney and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with any pr.elimin- 1 ary information he may need for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents; as may he appropriate to the Project, if it is approved by the Commissioner. } Mayor i. Attest: City Clerk 2 444', t :'s Ti .: F,' F,i PLi Cl,'f 1i TI 11,1' March 7, 1978 CONTRACTOR (Mulit-family & Comm.) Condor Corporation Lang-Nelson Assoc. Peak Constructio❑ CIGARETTS & TOBACCO CONTRACTOR (1 & 2 Family) Lion's Tap Builtwell Construction FOOD ESTABLISHMENT - Type A Biuce Peterson (Lifestyle Homes) Pioneer Builders, Inc. Mr. Steak Sobers Construction Co. Strom & Mayville, Inc. FOOD ESTABLISHMENT - Type 8 PLUMBING Flying Cloud Drive-In Lakeside Plumbing & Heating, Inc. FOOD ESTABLISHMENT_ Type C Solberg Plumbing ---------------- rt Swedlund Sewer & Water Lion's Tap 4 Don Voss Plumbing & Heating Co. Servomation Corporation HEATING & VENTILATING RETAIL CANDY OUTLET Berghorst Plumbing & Heating Mr. Steak Northern Heating Unique Indoor Comfort, Inc. VENDING MACHINES GAS FITTER Serbomation Corporation Unique indoor Comfort, Inc. Con Voss Plumbing & Heating Co. These ii,en-.es have been approved by the deparUnent head responsible for the Tis esed activity. !, F:�hr•cca Quo,nemoen, Deputy Clerk -- . These licenses have not been approved by the department head responsible for the licensed activity. PRIVATE KET;NEL LICENSE Jerome Burns r f�y February 22, 1978 41E35 Chris Enger Planning Director SUPER VALU STORES, INC. City of Eden Prairie STORE PLANNING&ENGINEERING DEPT. 8950 Eden Prairie Road 121 Washington Ave.So. Hopkins,Minn. Eden Prairie, Minnesota 55343 612/ 55343 932-4681 MAILING AOORESS:Box 1243 RE: Corporate Headquarters Minneapolis,Minn.55440 Eden Prairie, Minnesota Dear Mr. Enger: There was a typographical error in the booklet we submitted for zoning of our site on Bryant Lake. On the last page of written text, under Tax Exempt Bond Financing, the amount of the issue should read $1,000,000 - not $1,000 as indicated. Below is the schedule we plan to follow on the rezoning process. February 27 Presentation to Planning Commission March 1 Submit EAW to City March 13 Second Meeting Planning Commission March 21 City Council Order Public Hearing April 4 Public Hearing & First Reading of Ordinance May 16 or June 6 Second Reading of Ordinance If there are any problems with the above schedule, please let me know. We have been working with the neighborhood representatives for several months. All of the Bryant Lake residents have been invited to a meeting Thursday night, February 23rd, at which time we will present the project to them prior to our appearance before the Planning Commission next Monday. Sincerely, . SUFkR VALU STORES /jC. Ail,t{/.;.1/-4- goward B. Loomis Jr., P.E./ Manager Engineering and Construction HBL:dg cc. Roger Ulstad John Ptorrisscy Lloyd Stcnbeck Gene Stormoen Bob Dill -/ i The re-serve March 10, 1978 Mr. Roger Ulstad City Manager City of Eden Prairie R950 Eden Prairie Road Eden Prairie, MN 55344 Re: Request for Council Public Hearing Hillsborough 1st & 2nd Additions (Herman Property) • Dear Mr. Utstad: The Preserve respectfully requests that the Council be re- quested to set a public hearing for the night of April 4, 1978 to consider the platting and rezoning of the proposed project area. Development materials have been submitted to the planning director January 23, 1978 as requested to make the following planning agenda dates: February 13, and February 27. If you have questions or suggestions regarding the above please call me at 941-2001. Warmest regards, HE ESFRVE l/t Donald L. Hess, Jr. Vice President Architecture - Planning :# DLH/j1 • 417/ A Total Environment Community—8920 Frank)Rd.,Eden Prairie,Minn. 55343—(612)941.2001 Lipr Smith eoiuteactiv# eempan, Pic. BUILDER-DEVELOPER 7669 WASHINGTON AVE.SOUTH•EDINA,MINNESOTA•1612)941.5202 DICK SMITH,PRESIDENT March 10, 1978 Eden Prairie City Manager and Council Members 8950 Eden Prairie Road Eden Prairie, Minn. Re: Pheasant Oaks Gentlemen: We respectfully request the first public hearing on our development called "Pheasant Oaks" for April 5, 1978. Pheasant Oaks is a 55-acre parcel located west of Mitchell Road, east of Red Rock Lake, South of Scenic Heights and Mitchell Heights residential area. Our request to the Council is for approval of 96 lots on 55 acres from Rural to R1-13.5. Sincerely yours, 4e:// Richard M. Smith RMS:lx • MEMORANDUM TO: Mayor and City Council THRU: Roger Ulstad, City Manager FROM: Bob Lambert, Director of Community Services SUBJECT: Round Lake Park DATE: March 10, 1978 At the March 7, 1978 meeting the Council requested more background information on Round Lake Park acquisition and our agreement with the School District. The following is a brief chronological overview of what has happened to date. f s 1. no's91, 5, 6, andr7. ParcelL#4COhadGalret adyrbeen acquiredpbycthe City. 2. During that same time the School District was acquiring land for a school site at Round Lake. The City and the school entered into an agreement of understanding on January 28, 1969, on the joint acquisition of 76 acres lying north of Round Lake owned by Twedt, (and include but not limited to Parcels 2 and 3 on the map). The agreement stated that the City would get about 31acres and the lakeshore, and the scbool would get the remaining 45 acres, and the City would pay about $2,000 per acre plus other costs for their portion of the land. The agreement also stated that "upon completion of the purchase, the village will purchase a portion of the tract when the boundaries between the two public entities are more capable of being ascertained". 3. In May 1972, the City and school entered into another agreement on division of the site, and determined which party would be responsible for certain development and maintenance costs. • 4. In 1977 the City received a LAWCON Grant for development of Round Lake. However, the City cannot receive development funds until the I968 LAWCON file is completed. The City must acquire the deed for the land from the school and request final reimbursement from the 1968 LAWCON acquisition grant to complete the grant. The School Board is concerned about the location of the road and therefore have asked the City to approve the clause in the deed stating the need for the road. BL:md '/ 13 f . + • -,, f -I `_ gP .1 r i _ a j A fte• a J J C " O 40 f ��pp e"f N V. f •' O = ... S W rt \ _ cr a •1 1 1 • o � v z- . G ( F.. i .x. m . W 1 �g ' rf0• O {n .J1 1 2 he a.{ $ N � W 'd _ z 1 it C ..d W / e'b V \ I d 1 W ca co / IX 0 ...ay yW�1 ^p a ..A • r/7 i/ • • 't r 1 Tits Mernrandu$relates to the g 1 oneern?ef.dih:t,t.r,n •ee SChant i jBoard of Independent School District No. 272 and roe vlllect t,,,ali ..f •nr fi r e e d ' •1 of EdEdenprairie regarding properly eonsisring of roprosirs4lr lr' r'h:Xt....'n i of Round left owned by one Twodt and described as foliose* . .Y • 1 SE IA el U4 lib end sat 1/6 of OE 1/11. Section b, Taensh!p 1i(-. dense Me • lying South of Toon Rood. It is understood between the parries) • ; 1. That this entire tract eorsistina of ettocoeioetety 76 ACew iv print' purchcrrd both for School and Willer. to.-pests. Y._ That the...shoot ori3inetly cool rttploMa pus ef.esiv epp or.re'rly �. • i.5 Acres of said property For its use. 1 3. That the sehaol having i,noeleoor r•f ter villen,'s'inie'ent in 'h•• t remainder of the proocrty. in_ cettd •': the •7ilir3e it ...vie echo:'. -j, the whole erect in Its nary es it so Ochres; that the village Li 4action Jem.ary IL. I ,t ov 'ovcs 'Pc acquisition ni weir ta••o by the School on its behalf. 1,. UT? upon conpiellon of the purchase. ter yii lea.•wi I parthas•• a by !, p'rliOO of flit ;rec' when tn. Jon ehri!r be,'nrn theIa. i••9tic ,nti w arc tort rapnbte 01 heir.; atcartaint4. ,• that It le th• featinl of the Scheel )nerd that by teat so 0-fins they I do not *cot to be pre jiiitrt yv pnyi..-, en (n'ra prig• for r r_.•t•rinn sere they eeold not ht•re :ornnily .,oreJ,csce, hrvinq in oind •'tet tend neer the latc,.hwt is very tot to L. lode rolueble. 6. Thee for the prrprrty the School rrtnins ,I'ir the division, it welt pay no,wore than:::.?0:1.G'. err .titre f ' tee', :ere it ...reins r-d the 3'. difference P•l,o'cn the! en:oont end .he totel uueer.rt.r a.i.r ..lied) L. ,I ptid for 11 tilt •allr;ri fltt rh cost to be a ^ I pale. r'. tr.t•tei 1. • • cost paid to the artier red the epproxier... rii.isisn it to ow lit.Aet.t to the School end 31 Actec• to toe Y lleg'c. 'I ?, That otthnu)it the ;chual Is In ptrehesr ihr p::,prri( eAd i• r• pry all of the runty, the village will rriM•rrse it vouo getting 'he lrhd it Is lnteretrcc in end. in roe a•a•, on .t.tt fh¢a J- ,'N t' I. j's• R ..e. That the paellas scree that ns neon se l\r p. onesr h•, been tens.•wea•cd they wilI idiotic nnrcc on a plernsr for the irrtlo,•tat of the p•one.,v. tiering In sing it, ultinaIn ni.inion of ter prn,.rrte to t«ern IM tchneli P. and Nonlethal euvr.nwrntol units end hovine in mind •Ytttrr ?het yore pertion of this t•ey very well be a joint Villnpt-Sehent perk-pteyprnvnd ^errar,aeernt. Deecd Y `` , tg67. lnd.oendrn: .'.cItcel Wilt Id, NO. 272 ur By ( 1t ✓q-cat Vtlt, tfittl of the ( ef_f�de�n Pest.; • Ll/C fir.?. .riv.4.- ow•ii.—..����_ 1 .✓•. AGREEMENT This Agreement executed on the 9M day of May , 1972, by and between the Village of Eden Prairie, a municipal corporation, Hennepin County, Minnesota, party of the first part (hereinafter called "Village"), and Independent School District No. 272, a•public corporation, Hennepin County,'Minnesota, party of the second part (hereinafter called "District"): WITHESSETH that WHEREAS, Village and District desire to cooperate in the acqui- sition, development, programming and maintenance of the proposed Round Lake High School-Park in Eden Prairie, Minnesota; and ' i WHEREAS, the parties are generally agreed on the type of de- ;i sirable joint development of said property and on the expenditure of funds in connection therewith and the mechanics whereby such . development shall occur; and . WHEREAS, the parties desire to reduce their general under- standing in the promises to writing; NOW, THEREFORE, I: IS HEREBY AGREED AS aOLLvWC: 1. Village and District shall cooperate in the acquisition, • development, programing and maintenance of the School-Para: land, pursuant to Sections 471.15 - 471.19, inclusive, and Section 471.55, Minnesota Statutes, and all other applicable statutes and express and implied powers of the parties. The powers and responsibilities !' with respect to sue:: joint endeavor shall be exercised by Village through its Village Council and District through its School Hoard. 2. The land to be used in such joint enterprise, title to whL:h is presently in tho name of Dintrict, consisting of approsi- • • mutely 110 acres located in Hennepin County, Minnesota, is described ao Polloxs; . . ... 0 el j' , wd_ the departing party'a intorant in said property at tho,.thon fair market value a3 determined by independent appraisal. . • • • The interest of a departing party shall bo transferred to, ' . and paid .for by, the remaining party withip six (6) months of the ' date of receipt of written notice of a departing party's intention • to abandon its use of said property. Upon such transfer and pay- ' moat, all right, title and interest of a departing party in and to said property and all rights and obligations under this Agree- meat shall cease and be terminated. . 9. This agreement shall be binding upon both parties, their • successors and assigns, and shall continue for so long as the parties shall own said property or until further agreement by and . • • between the parties. . 1111 > signed and sealed on the day first above written. ' Witnesseth: 1 • VILLAGE F EDE.. .Ijtl�� • (n .---,•* r'�Yts :ia�, d a / 'Its Manager '` i . �IND 1DDENT SCf.00 DISTRICT NO. 2: C" Its Chairman f;.-. . . .. Dy:,..a...G ./K ,4;r•.,...rl i•. ✓� . Its clerk• • • . ;. • y77 • • • / l • .-4- • Village. Adjustr:apta shall bo'mado as of the date of the con- voyanco of park land to Village. . S. District shall pay th:cost of a normal amount of:play- ' ground and athletic field equipment selected by District and • customarily provided at a school site of this size and type. Tho Village shall pay the cost.of all additional playground and • . park equipment. Title to said equipment shall bo and remain in • the party providing such equipment, regardless of the location of said equipment. C. District shall pay the cost of blacktopping the normal . . amount of playground, parking area and sidewalk for a school of this size and type. Additional blacktopping for playground, parking purposes and sidewalks, if needed, shall be paid'for . by Village. ' • . 5. Maintenance.. Each party shall bear the cost of mowing, 's • •watering, fertilizing, turf care and maintenance of blacktopping upon its own acroage. . 6. Programming. Village and District shall name reprosenta- . tives for the.purpose of coordinating joint use of the facilities and matters of detail.in.carrying out this Agreement. Each party will conduct its own programs to the extent it wishes to dose, • having due regard for the fact that educational purposes must be served.first on all school properties. .P 7. Breach. Failure on the part of either District or Village ,' to fully asumo and discharge their respective obligations under this Agrue-ont shall conrtitcto a breach of the Agreement for which the wronged party may seek appropriate remedy or.remedies in a core o: law. • Q. Di9:tr.ihu^.ien or. 1.ineic;tion. In 'the event that either party eitall deeiro to totally abandon its uco of the School-Park property, the remaining party ehall have the option to purchase Lill :i 4 1 . • The above-described land is the subject of a prior agrernent dated • January 28. 1969, which, insofar as it is presently applicable. is incorporated herein and ii.de a part hereof by reference. If any part of the Round Lake School site is used for playground or park purposes, both parties recognize that the District is required by law (hi.5. Section 471.19) to use said property primarily for school . puproses and related activities, and the use of said property for recreational purposes must be of a secondary nature. The land owned by Village will be made available to the District for the purpose of accomodating its educational program except to.the extent that such use would conflict with the use limitations imposed on such lands under the provisions of the Federal. State and County grants.utilized ( by the Village to assist in their acquisition. 3. At such time as Village and District arrive at an agreement • relative to the allocation of said land to the respective governmental .. units, it is understood and agreed that District will require eighty- . five (85) acres of usable land for school purposes, although this is • not intended to limit District's interest in said land to eighty-five (85) acres. ' 4. Acquisition and Develomeent. Subject to the foregoing, the • parties will acquire and develop the School-Park site pursuant to this Agreement and a plan jointly approved by them and the cost of such acqui- sition and development shall be divided as follows: A. The cost of the raw land allocated to District shall not exceed Two Thousand Dollars ($2,000.03) per acre on the land known as the Meet property (south of West 72nd Street) and shall not exceed One Thousand Nine Hundred Fifty Sollars ($1.950.00) par acre on the land known as the Koeour:k property (north of West 72nd Street). The , • test to Village shall be the original cost of ail the property less the cost of that land allocated to District. Village shall also reirAurse • District for the cost of legal fees, appraisals. surveys. soil tests. . and other expensee incidental to the acquisition of said land in prop- ortion to the amount of land allocated to .1" s/_ 4171 . • mil' -2- - - ' Thu Southeast of the Northwest 1/4 of Sec- tion 8, Township 116 North, Range 22 West of the Fifth Principal Meridian. Also that part • of the Southwest 1/4 of Northeast 1/4 of Sec- • tion 8, Township 116 North, Range 22 West of the Fifth Principal Meridian, described as fol- lows: Camaencing at a point in •tho East line • • . ' of said Southwest 1/4 of Northeast 1/4, 84 feet South from the Northeast corner thereof; thence South to the Southeast corner of said Southwest 1/4 of Northeast 1/4; thence West to Southwest corner of said Southwest 1/4 of Northeast 1/4: thence North to the Northwest corner of said • . Southwest 1/4 of Northeast 1/4; thence East . . along the North line thereof to a point distant 600 feet Watt from the Northeast corner of said Southwest 1/4 of Northeast 1/4; thence South- easterly in a straight line to the place of be- ginning, except that part lying within the North . 660 feet of the South 1387 feet of the Vest 1/2 . . ,,- .of the Northeast 1/4 of Section 8, Township 116 '• ' North,' Range 22 West, lying East of County Road No. 4. . ALSO E • That part of the following described property ' lying West of the center line of County Road No. . ' 4 and South of the Westerly extension of the . center line of North Hillcrest Court (as laid • out and platted in Hillcrest Courts). • That portion of the Southwest Quarter of North- east Quarter of Sec. 8 and of Government Lot Two, Section 8, Township 116, Range 22 described . as follows to-wit: Beginning at the Soutia:es€ . - corner of the Northwest Quarter of the Northeast ' Quarter of said Section 8, thence North along the West line of said quarter-quarter 861 feet more • or less to the Southeasterly line of the present • • right of way of the Chicago, Milweuee and St. Pail Railroad Company, thence Northeasterly along . said latter lino to an extension Northward of . the East line of said Lot 2, being the center • lino of County Road No. 4, thence South along ' • said center line 1698 feet more or less to a ' ' point which is 84 feet South along said line from the Northeast corner of the Southwest Quarter of /' the Northeast Quarter of said Section 8, thence ,Northwesterly 606 feet more or loss to a point in , • the North line of said quarter-quarter which is 600 feet test along said line from said corner, thoncu West along the North lino of said quarter- • quarter being the South lino of said Lot 2, to • •;,'. the point of beginning. . ALSO • • • That part of the Northeast 1/4 of tho Northwest 1/4, Section. 8, Town:-.hip 116, Rango 22, lying • South of the.Wasturly extension of the center ' • lira of North tciticrest Court (a;: laid out and • platted is Nil.lcrest Courts) and South of the ' right of way of the Chicago, Milweukoo and St. ` Paul lailroed Company. . f��...�� Whig $ubcilturt,.Made this-_._ &tween_..jndependent.•SchooI._-Distrinr �2.T.2.r..a....Fnih11C...SChOOI.......Y._._........__._._....__ y.aorporation under the laws of the State of__....Minnesota........_.._ ,party of the first part,and t Idtoorporation under the laws of the Mats of-__.Niiinneso.ta.........._._.____.___...__.__-.----.._.___-._.._...__ party of the second part, illtntasetb. That the said party of the first part, In consideration of the sum of _one....R.Ql.lag._and..Qther_.G.9Qd__and_Valuable...Co.Ds..derat.i4.►?..1.S. ,0.0)...-zno/.iaR.S. , to it In head paid by the said party of the second part,the receipt whereof is hereby aehnow•iedt+rd. does hereby Grant, Bargain, Quitelatm, and Convey unto the said party of the second part, its successors and assigns,Forever,ail the iract..._.._.nr parcel..___of land lying and briny in the County of_..__..).i£Ana.R.in_...._....._..._.__..._and State of.Minnesota,described as follows,to-wit: That part of the North half of Section 8, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the East Quarter Corner of said Section 8; thence on an assumed bearing of West along the South line of said North half of Section 8 a distance of 1666.07 feet to the actual point of beginning of the Tract to be described; thence continuing on a bearing of West along said South line of the North half of Section 8 a distance of 2309.74 feet to the Southwest Corner of the Southeast Quarter of the Northwest Quarter of Section 8; thence North 2 degrees 45 minutes 21 seconds West along the West line of said Southeast . Quarter of the Northwest Quarter of Section 8 a dis- tance of 654.29 feet; thence South 55 degrees 37 minutes 52 seconds East 184.26 feet to a tengential curve concave to the North having a radius of 560.00 j, feet a central angle of 54 degrees 00 minutes 00 seconds and an arc length of 527.79 feet; thence Easterly ^'irg a reverse curve concave to the South having a radius of 1010.00 feet a central angle of 38 degrees 00 minutes 00 seconds and an arc length of 669.86 feet to the West line of the Northeast Quarter of said Section 8; thence North 2 degrees 27 minutes 52 seconds West along said West line of the Northeast Quarter Section 8 a distance of 507.55 feet; thence on a bearing of East parallel with said South line of the North half of Section 8 a distance of 1243.83 feet to the West right of way (Description continues on Attachment A, attached hereto) Off 04abe anb to 3(Mlb the foam Together with all the hereditaments and appurtenances there- unto belonging or in anywise appertaining,to the said party of the second part,its successors and assigns Forever. 3n etdtimonp Ulbetto(,The said first party has caused these preemie to be executed in its corporate name by its_.Cha irman xpoingte and its....._Clf,'rk......................._and its corporate.real to be hereunto of vsd the day and year first above written. 1.NDEPENDENT_SCHOOL_.D:ISTRICT..*272.._._............. . .._._ . By-. p ._._....... awlkriblom, Chairman 7ttt-..__.___... ..._._._......._......................-5ttaeltont -----Geneva''Middieton, Clerk ' 1 ibtate of Iftionegota, } El County of lipnnepin The foregoing instrument was acknowledged before me this day of I9.-28 by -Patil-Enblom,,...Cha.i.rman. (Name of Whom.Amok Mk of OffIfter of Apo() and by GeAcvA_Middlatom., Clerk IN....of OffIcof of Awn.TIllo of When of Amon of INIXEPENIIENT..SCLiOaL..DISTraCT-42.7.2. Ill....of Cognomen Aelmorflodolnla a Minnesota.public..s.cho.ol corporatton.on behalf of the corporation. fiftto of Weft of fecolposatkom I (Notary Pub4) alliMatuft Of Pawn Toklot7erooftlodfooloff I I —...— ..... ... .... ..............— I • ,1 I I THIS INSTRUMENT WAS DRAFTED BY: PETERSON, POPOVICH, KNUTSON S FLYNN 314 Minnesota Building St. Paul, MN 55101 5 I . I THIS INSTRUMENT WAS STATE DEED TAX DUE DRAFTED SY I Z 2 •I ft''''".' 1 ZI. *i 1 • .4 % 0 g • , if C. ft i t cl ct it .14 :4 • I -Si ° - 11,- .1 i ti i,t1 .1 5 I #1 .I• t -6 1 t IL a.s. ,-,,, • i.! t 411 a e. 2 ; 11 t*vs. •L'.I!I ° 'i.„.,.' .5 4 .6 : __I z i a . ez:, e t • • ' / : o o- 1 I 11 B 1,e 4 4 51'.i ftl.• , O.ft..IN)1.,-g, "t.t1 •IS?.. • I t•.' I • ' 4...... F-„c t"e ••• 4'.: 1 41 ' 0 0 f i Z : ::0 ,0 . 1 a ''' • le: .2fi 1: ..z ii..P. ti.1 a e . • ! i , 2 os 81 line of C.S.A.H. No. 4 according to the recorded plat thereof; thence South 3 degrees 9 minutes 55 seconds East along said West right of way line of C.S.A.H. No. 4 a distance of 600.15 feet; thence on a bearing of West parallel with said South line of the North half of Section 8 a distance of 250.00 feet; thence South 3 degrees 09 minutes 55 seconds East parallel with said West right of way line of C.S.A.H. No. 4 a distance of 400.00 feet to the actual point of beginning. This Tract contains 41.77 acres of land and is subject to any and all easements of record. Provided, however, that in the event the City or its successor desires to locate and construct any public thoroughfare on the above described property, the City will submit to the Grantor detailed plans and information relating thereto. The parties j. shall mutually agree as to the feasibility for and the location and construction of such thoroughfare. • i I1I � d t ATTACHMENT A -�--�-- Lf I3 • • Provided, however that in the event the City desires to locate and construct any public thoroughfare on the above described property, the City will sub- ' mit to the Grantor plans and specifications relating thereto. The parties shall jointly agree on the location and construction of such thoroughfare. • • I • •