HomeMy WebLinkAboutCity Council - 03/21/1978 JOHN FRANE EDEN PRAIRIE CITY COUNCIL
IUhSUAY, MARCH 21, 197B 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 Comnunity Services Bob Lambert; Engineer
Carl Jullie; and Joyce Provo, Recording
Secretary •
INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL
•
PRESENTATION BY THE AMERICAN RED CROSS OF CERTIFICATE OF MERIT AWARDS TO DFFICER JIM
CLARK, EDEN PRAIRIE, AND LIEUTENANT WILLIAM BERNHJELM, EDINA, FOR SAVING THE LIFE
OF WILLIAM METCALF
PRESENTATION OF DISTINGUISHED SERVICE AWARDS TO DFFICERS JIM CLARK AND STEVE GEIGER
FROM THE MINNEAPOLIS BUILDERS ASSOCIATION FOR SOLVING SEVERAL PARADE OF HOMES
BURGLARIES. (swards to be presented by Mr. Richard Feerick)
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. CONSENT CALENDAR (One motion to approve all items on the Consent Calendar)
A. Clerk's License List Page 484 '
B. yment of Claims Nos. 9006 - 9145 Page 485
III. PUBLIC HEARING
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A. Olympic Hills Liquor License Page 489
I1'. MINUTES
A. Minutes of the Regular City Council Meeting held Tuesday, February 21, Page 503
1978
B. Minutes of the Special Council Meeting held Tuesday, March 2, 1978 Page 510
C. Minutes of the Regular City Council Meeting held Tuesday, March 7, Page 514
1978
V. PETITIONS, REQUESTS S COMMUNICATIONS
A. Request from Hustad Development Corporation for a Public Hearing Pegg 519
?or Prairie East 4, , 6, 7, 8 and 9th Additions (Dated March 9, 197B)
E. Request from Eagle Enterprises for a temporary mobile sign (dated Page 520
March 15, 1970
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Council Agenda - 2 - Tues.,March 21, 1978
VI. REPORTS OF ADVISORY COMMISSIONS
VII. ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. 78-12, amending Ordinance No. 152, Page 521
and providing for the regulation and licensing of advertising signs
B. 1st Reading of Ordinance No. 78-13, amending Ordinance No. 261, Page 523
and regulating and requiring permits for signs and imposing a penalty
C. 1st Reading of Ordinance No. 78-52, amending Ordinance No. 111, Page 526
Community Based Services Board
D. 1st Reading of Ordinance No. 78-51, amending Ordinance No. 77-2, Page 527
changing name of the Human Rights Commission to the Human Rights and
Services Commission
E. 2nd Reading of Ordinance No. 77-37, rezoning 38.2 acres for Edengate page 528
by Gerald Pautz & Pautz-Franklin Realty from Rural to RM 6.5 for
176 units, and rezoning agreement
F.. Resolution No. 78-22, establishing a policy for the Cash Park Fee Page 542
G. 2nd Reading of Ordinance No. 77-34, rezoning Cardarelle's Crosstown Page 555
Industrial Park from Rural to I-2 Park and approval of rezoning
agreement
H. 2nd Reading of Ordinance No. 78-01, approving rezoning from Rural Page 562
to I-2 Park & Office for Crosstown Park by Anderson and rezoning
agreement
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Arbor Celebration (Penzel) Page 572
2. appointment of 2 members to the Joint Zoning Board for Page 575
the Metropolitan Airports Commission
B. Report of City Attorney
1. Status on flying jets out of Flying Cloud Airport as ruled by
Judge Lebedoff
C. Report of City Manager
1. Receive and award bids for 2 Satellite Stations and an addition Page 581
to the main facility for the Fire Department
D. Report of Director of Community Services
1. Public Property Reforestation Tree Bids Page 584
2. Preserve "Name the Park" Contest Page 586
1.
Council Agenda - 3 - Tues.,March 21, 1978
E. Report of City Engineer
1. Consider bids for utility and street improvements for Country Page 588
Vista and Nygren Estates, I.C. 51-312, and I.C. 51-316
(Resolution No. 78-45)
2. Receive feasibility report and set hearing date for utility Page 591
and street improvements for Norseman Industrial Park 2nd
Addition, I.C. 51-319 (Resolution No. 78-46)
3. Final plat approval for Maple Leaf Acres 5th Addition Page 592
(Resolution No. 78-49)
4. Receive feasibility report and set hearing date for utility and Page 595
street improvements on Lotus View Drive, I.C. 51-321 (Resolution
No. 78-47) ,
IX. NEW BUSINESS
X. ADJOURNMENT.
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CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
March 21, 1978
CONTRACTOR (Multi-family & Comm.)
Prairie Wood, Inc. •
CONTRACTOR (1 & 2 Family)
W. E. Black Co.
Warren J. Carpenter
D. W. Johnson Co., Inc.
Landau, Inc.
Peturska Construction, Inc.
Prestige Investments, Inc.
•
Curtis Reinhold Construction
PLUMBING
A C G Mechanical, Inc.
Groth Water & Sewer
National Installers Plumbing
Plumbing Services
Stant Plumbing & Heating
GAS FITTER
A C G Mechanical, Inc.
Plumbing Services
HEATING & VENTILATING
A C G Mechanical, Inc.
FOOD ESTABLISHMENT - Type A
J's Resturant of Eden Prairie •
FOOD ESTABLISHMENT - Type C
• Main Street Ice Cream
These licenses have been approved by the department head responsible
for the licensed activity.
44-etea. GtQ,7/ke
Rebecca Quernemoen, Deputy Clerk
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March 21, 1978
STATE OF t1ItNNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
03-07-78 8995 VOID OUT CHECK (5.95)
03-02-78 9006 HOPKINS POSTMASTER Postage for utility bills 91.44
90D7 DUANE HULBERT Services at the local performing
artist concert-Historical/Cultural
Commission 100.00
03-03-78 9008 JOHNSON BROTHERS LIQUOR Liquor 1,092.99
9009 TWIN CITY WINE COMPANY Wine 58.85
901D ED PHILLIPS & SONS Liquor 1,235.88
9011 GRIGGS, COOPER AND CO. Liquor 631.62
9012 EAGLE DISTRIBUTING Wine 25.55
9013 OLD PEORIA CO. Liquor 474.89
9014 QUALITY WINE CO Wine 500.73
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9015 VOID CHECK
03-07-78 9016 FEDERAL RESERVE BANK Taxes withheld 3-3 payroll 7,515.13
9017 UNITED WAY Donations withheld 3-3 payroll 25.62
9018 INSTY-PRINTS Service-Public Safety dept. 16.25
D3-09-78 9019 STATE OF MINNESOTA Employer contribution 947.70
03-13-78 9020 METPOPOLITAN WASTE CONTROL Feb. SAC charges collected 14,256.00
9021 STATE OF tMINNESOTA Feb. sales tax report 1,434.89
9022 UNIVERSITY OF t1INNESOTA Workshop for James Jensen 15.00
9023 GRIGGS, COOPER & CO. Liquor 1,058.51
9024 ED PHILLIPS Liquor 1,160.99
9025 EAGLE DISTRIBUTING Wine 175.62
9026 INTERCONTINENTAL PACKAGING Wine 275.09
9027 JOHNSON BROTHERS Liquor 195.26
9028 QUALITY WINE CO. Wine 1,000.99
03-14-78 9029 HOPKINS POSTMASTER Postage for newsletter and Park 345.38
and Rec. mailing
03-21-78 9030 VOID CHECK
9031 ADVERTISER Employment ad-Park Maint. 6.30
9032 EARL F: ANDERSEN Street signs 3,155.45
9033 A & H WELDING Equipment repair-Public Safety 6.93
9034 ASTLEFORD EQUIPMENT Equipment parts - repair truck 670.95
9035 BROWN PHOTO Services-Public Safety 155.40
9036 BRYAN AGGREGATES, INC. Sand-Public Works 97.88
9037 R. P. BAKER FOUNDATION Services-Public Safety 240.00
9038 BLOOMINGTON LOCKSMITH CO. Locks-Public Safety 26.00
9039 8L11E CROSS & BLUE SHIELD March insurance 335.70
9040 BATTERY AND TIRE WAREHOUSE Equipment parts 203.06
9041 MAYOR C. H. FERING Dues-Mayors Association 10.00
9042 CHANHASSEN AUTO PARTS Equipment parts 151.84
9043 COPY EQUIPMENT, INC. Services-Engineering dept.$126 and
locator for Engineering $425 551.25
9044 CURLE PRINTING CO. • Business cards-8ob Lambert and Chris
Enger 30.00
9045 CLUTCH & U-JOINT Equipment parts 127.57
9046 DORHOLT PRINTING Services 623.00
9047 EDEN PRAIRIE NEWS Employment ad-Tree disease 6.00
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March 21, 1978
03-21-78 9048 EDEN PRAIRIE STABLES Horseback riding lessons-Park and
Rec. dept. 45.00
9049 ELVIN SAFETY SUPPLY Boots-Water dept. 181.98
9050 EDEN PRAIRIE NEWS Feb. ads 609.30
9051 FRONTIER LUMBER HARDWARE Materials-Park Development 400.50
9052 STUART FOX Mileage-Tree disease 27.10
9053 FEED-RITE CONTROLS Ferric sulfate-Water dept. 2,532.24
9054 JOHN FRANE Feb. expenses 107.95
9055 PAUL FOSS PRINTING Decals for licenses 76.00
9056 GOVERNMENT TRAINING SERVICE Training workshop for Keith Wall 150.00
9057 GUY'S AUTO SUPPLY Equipment parts 160.92
9058 HOPKINS RADIATOR SERVICE Radiator repair 131.95
9059 HOPKINS-MINNETONKA
RECREATION OEPT. Transportation fees for jointly
sponsored ski trips 81.60
9060 JACK HACKING Expenses 10.00
9061 HANCE OUR OWN HARDWARE Paint-Public Works and Fire Bldg. 8.78
9062 HOPKINS DODGE SALES Equipment parts 20.12
9063 INTERNATIONAL UNION OF
OPERATING ENGINEERS March dues withheld 187.00
9064 KARULF HARDWARE Supplies -Fire dept. 43.26
9065 KARULF HARDWARE Supplies 279.43
9066 KRAEMER'S HARDWARE Supplies 263.00
9067 L-Z CO., INC. Box for pickup 100.00
9068 LONG LAKE FORD Equipment parts 13.27
9069 I.F.EF BROS. Service 77.50
9070 METROPOLITAN WASTE CONTROL 4-1 sewer service charges 13,456.19
9071 MINNESOTA SENTINEL
PUBLISHING Book-Tree disease 10.15
9D72 MEDCENTER HEALTH PLAN March insurance 729.16
9073 MEDINA ELECTRIC, INC. Application No. 1-City Hall add. 4,914.00
9074 RONALD F. MERON Court reporting services 151.25
9075 M.A.P.S.I. Feb. services 594.00
9076 MAYVIEW RADIO Radio repairs 205.70
9077 ROBERT MARTZ March expenses 108.85
9078 MINNESOTA RECREATION & PARK
ASSOC. Mens volleyball tournament fee 55.00
9079 MINNEAP.OLIS SPOKESMAN Employment ad-Tree disease 7.05
9080 MUNICIPAL FINANCE OFFICERS
ASSOC. Dues-John Frane 30.00
9081 ROBERT MEYERS Basketball score keeper services 62.00
9082 WM. H. MCCOY Propane-Preserve warming house 33.27
9083 MODERN TIRE CO. Tire repairs 35.61
9084 MARTIN SAFETY DEVICES, INC. Flashlights-Public Safety 13.87
9085 MINNESOTA FIRE, INC. Supplies-Fire dept. 11.21
9086 MINNEGASCO GAS CO. Services 2,484.10
9087 NORTHWESTERN NATL. BANK Bond payment 61,056.05
9088 NORTHERN STATES POWER CO. Connect underground service-
Community Development project 1,370.00
9089 NORTHWESTERN BELL Services 1,482.08
9090 NORTHERN STATES POWER CO. Services 1,778.78
9091 VOID CHECK
9092 PINK SUPPLY CORPORATION Towels-City garage 115.00
9093 PHYSICIANS HEALTH PLAN March insurance 4,096.12
9094 R. L. POLK Book-Public Safety dept. 87.00
9095 POWER BREAK EQUIPMENT CO. Flashers for Public Safety autos 138.96
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March 21, 1978
03-21-78 9096 PEPSI-COLA CO. Pop for machines 155.35
9097 BECKI QUERNEMOEN Mileage 9.15
9098 ROOT-O-MATIC Services-Sewer dept. 38.50
9099 RENTAL EQUIPMENT & SALES Chain saw-Tree disease dept. 300.00
9100 GINO RODRIQUEZ Basketball scorekeeper services 56.00
9101 STATE OF MINNESOTA Refund overpayment of utility bill 1,150.80
9102 STATE OF MINNESOTA Tax books-Assessing and Engineering 155.32
9103 JOHN SUBECK Refund of investigation fee 1,100.00
9104 SULLIVAN SEPTIC SERVICE Pump manholes 50.00
9105 SEARS ROEBUCK CO. Sander for Park Maint. and tools for ••
Public Safety dept. 110.55
9106 W. GORDON SMITH CO. Fuel and oil 16.37 ,
9107 TWIN CITY ENGINE REBUILDERS Fuel pump 36.09
9108 TOWN'S EDGE FORD Repair services and parts 1,092.80
9109 UNION OIL CO. Fuel and oil 321.70
9110 VALLEY EQUIPMENT CO. Equipment parts 4.64
9111 WESTERN LIFE INSURANCE March insurance 334.45
9112 WATER PRODUCTS CO. Repair parts-Water dept. 23.32
9113 XEROX CORPORATION Copy machine and supplies 9B9.33
9114 ZECO CO. Equipment parts 15.22
9115 ZIEGLER, INC. Equipment repair service and parts 393.12
9116 NIELSEN HEATING Refund on gas fitters card 3.00 •
9117 HOME HEATING CO. 03.00
9118 ADVANCED HEATING 0 0 " 3.00
9119 CRONSTROM'S HEATING " 0 09.00
9120 DEL AIR CONDITIONING 0 0 " 3.00
9121 GAS SUPPLY, INC. ti II " 3.00
9122 METROPOLITAN MECHANICAL
CONTRACTORS 0 " " 3.00
9123 MINNESOTA GAS CO. " " " 21.00
9124 MURPHY PLUMBING 0 0 " 15.00
9125 NORTHERN PROPANE GAS CO. " 0 " 6.00
9126 ROUSE MECHANICAL " 9.00
9127 STANDARD HEATING 0 " " 3.00
9128 SUPERIOR CONTRACTOR " " 6.00
9129 RAY N. WELTER HEATING 21.00
9130 WES DUNSMORE Workshop expenses 5.55 `
9131 BOB LAMBERT March expenses 103.50
9132 GOVERNMENT TRAINING SERVICE Tickets for State Chief's of Police
Banquet 20.00
9133 PUBLIC EMPLOYEES RETIREMENT Employers contribution and employees
ASSOC. withheld 3-3 payroll 6,119.76
9134 RIEKE-CARROLL-MULLER ASSOC. Services-Street Imp. Nygren Est,
Norseman Industrial Park 2nd add,
Eden View I, Sewer & water Country
Vista, Sewer & Water trunk Round Lake
Area, and Well pumphouse #3 14,764.51
9135 STATE OF MINNESOTA Inspection services-TH169-494 17,030.51
9136 BETTE WICKSTROM, PRESIDENT
OF LIONESS Assistance in mailing "The Happenings" 15.00
9137 PERBIX, HARVEY, SIMONS &
THORFINNSON Legal services 6,701.50
9138 PRAIRIE VILLAGE MALL ASSOC. March rent on Liquor Store 997.38
9139 INTERNATIONAL BUSINESS
MACHINES CORP. Machine repair service 665.00
March 21, 1978
03-21-78 9140 ADVERTISER Employment ad for Janitor 9.00
9141 SHAKOPEE VALLEY PUBLISHING Employment ad for Janitor 5.00
9142 EOEN PRAIRIE SCHOOL Services 134.18
9143 8ELLIS PAPER Gas for Liquor Store 84.80
9144 ECKLUND & SWEDLUND Ceramic tile for Liquor Store 175.00
9145 NICK FOLWICK Gym leader services 54.00
TOTAL 190,905.46
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March 17, 1978
TO: Roger Ulstad
FROM: Lt. Keith Wall
SUBJECT: Olympic Hills Liquor License Application
We have completed the record checks and background investigation of all the
principals listed on the application submitted by Dlympic Hills Corporation.
There is no apparent reason for our Police Division to recommend denial of
a liquor license for this establishment. Listed below are the agencies con-
tacted to obtain background and character reference data.
Bloomington Police Department
Brooklyn Center Police Department
Crystal Police Department
Deephaven Police Department
Edina Police Department
Hennepin County Warrant Division
Hopkins Police Department
Minneapolis Police Department
Minnetonka Police Department
Mound Police Department
Plymouth Police Department
Richfield Department of Public Safety
Robbinsdale Police Department
St. Louis Park Police Department
South Lake Minnetonka Public Safety Department
Worthington Police Department
Eden Prairie Department of Public Safety
Nevada Gaming Commission
Minnesota Liquor Control Division
United States Treasury, Alcohol, Tabacco and Firearms Division
United States Treasury, Internal Revenue Service (Investigations)
Nobles County Law Enforcement Center
Minnesota Crime Information System
National Crime Information Center
Minnesota Bureau of Criminal Apprehension
Minnesota Drivers License Bureau
National Administrator of Banks
Dun and Bradstreet, Inc.
Reference Checks
Mr. Gregory D. Gustafson
Mr. John Bujan
Mr. Edward R. Lundis
Summit National Bank
National City Bank
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VILLAGE OF EDEN PRAIRIE, MINNESOTA
IN SUPPORT OF AN
APPLICATION FOR ON-SALE OR SPECIAL CLUB
INTOXICATING LIQUOR LICENSE
Part I - General Information
Directions: This form must be filled out in duplicate with typewriter or by
printing in ink. If the application .'y a natural person, by
such person; if by a corporation, by an officer, thereof; if by
a partnership, by one of the partners; if by an unincorporated
association, by the manager or managing officer thereof.
1. Name of applicant (name of individual, partnership, corporation or association):
Olympic Hills Corporation
2. Name under which applicant will be doing business (name of restaurant, hotel
or club), business address and telephone number:
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Full Name Olympic Hills Corporation
Business Address 9520 Franlo Road, Eden Prairie,MN Phone 941-6262
IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, '1A;SF OR STYLE
OTHER THAN FULL INDIVIDUAL NAME OF THE ADPLICANT, ATTACH A COPY OF
THE CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES,
CERTIFIED BY THE CLERK OF THE DISTRICT COURT.
3. Type of applicant:
Individual Partnership
X Corporation Association or other
4. Type of license applicant seeks?
X On Sale Special Club
5(a). If applicant is an individual, state full name, residence and business address
and telephone numbers.
Full Name Not applicable
Residence Address Phone
Business Address Phone
(A "art II - Personal Information form must be filled out and attached for
this individual.)
•
Residence Address Phone •
(A Part II - Personal Information form must he filled nut and attached for this
individual.)
6(a). If applicant is a partnership, state full name, residence and business address,
telephone numbers, and interest of each member of the partnership.
1. Full Name Not applicable Interest
Residence Address Phone
Business Address Phone
2. Full flame Interest
• Residence Address °hone
Business Address °hone
3. Full !lame Interest
Residence Address phone
Business Address Phone
4. full lame Interest
Residence Address Phone
Business Address
(A "art II - personal Information form must be filled out and attached for
each of these individuals.)
(b). The managing partner will be:
(c). The full name, residence address and telephone nunher of the manager, proprietor
or other agent in charge of the partnership's ;re-1is"s t, be licensed.
full Name
Residence Address Phone
(d). The interest of each partner in this business
•
(A Part II - Personal Information form must be filled nut and attached for this
individual.)
IF PIE APPLICATION IS FOR A PARTNERSHI', ATTACH A TRUE CO=Y OF THE
PARTNERSIIIP AGREEMENT AND A COPY OF THE CERTIFICATE OF TRADE OAME
UNDER PROVISIONS OF CHAPTER 333, H137ESe.TA STATUTES, CERTIFIED BY
TOE CLERK OF DISTRICT COURT.
7(a). If the applicant is a corporation or association, give name of corporation or
association, Eden Prairie address and phone nu•uh.*r, and hnne .ffice address and
phone number.
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State of Inc.
Panic Olympic Hills corooratiipn or Assoc. Minnpenta
Eden prairie Address 9520 Franlo Road, Eden Prairie^hone 941-6262
(tome Iffice Address 9520 Franlo Road, Eden Prairie°hone 941-6262
(b). The full names, residence address and telephone numbers of all officers of said
corporation or association.
°resident Michael J. Adams
Residence Address9720 Franlo Road. Fclnn Prai rip Phone 941-6249
Vice President Tyrone K. Thayer.
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Residence Address Rt. 1, Baycliffe Drive, Excelsior°hone 474-4751
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Secretary Michael J. Adams
Residence. Address 9720 Franlo Road, Eden Prairie °hone 941-6249
Treasurer None
Residence Address °hone
(A Part II - Personal Information form must he filled out and attached for these
individuals.)
(c), The full names, residence address and telephone number of all persons who singly
or together with their spouse and his or her parents, brothers, sisters or children,
own or control an interest in said corporation or association in excess of £'.
1. Full :Jane Rudy Luther Interest 18 1/3%
Residence Address 5805 Mait Lane, Edina 55436 'hone 929-8695
2. Full flame Thomas C. Hoak Interest 10%
BoyntonBea°honFlorida
(Residence Address 4092 Quail Ridge Drive,, e 3051 734-4231
3. Full Name Ernest F. Dorn Interest 10%
Residence Address2362 Willow Drive, Hamel Phone 920-9270
4. Full Name Cgstnev R. Egan Interest 13 1/3 i6
Residence Address5317 Malibu Avenue Miinneaapolis°hone 913-8196
5.-8. continues—on Exhibit "A" at ac e -Fiao.
(A 'art II - Personal Information form must be filled out and attached for these
individuals.
(d). Thu full names, residence address and telephone number of the manager, proprietor
or other agent in charge of the corporation's or association's premises to he
licensed.
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Full lane Joseph P. Duffy, Jr.
Residence Address 9021 Westmoreland Lane, St. Loui 'hone 545-4732
Park
(A Part II - Personal Information form must be filled out and attached for this
individual.)
IF THIS APPLICATION IS FOR A CORPORATION OR ASSOCIATION, ATTACH A
• TRUE COPY OF THE ARTICLES OF INCORPORATION OR ASSOCIATION AGREEMENT
AND BY-LAWS AND, IF A FOREIGN COR°ORATIOY, A CERTIFICATE QF AUTHORITY
AS DESCRIBED IN CHAPTER 303, HINNESOTA STATUTES.
0(a). If the applicant is a club, name of club Not applicable ;
date that club was first incorporated
place of such organization ; present number of
nunbers ; the full names, position, residence address and
phone number of all officers, executive committee and board of directors.
1. Full Name Position
Residence Address • Phone
2. Full Name Position
Residence Address °hone
3. Full Name Position
Residence Address Phone
h. Full lame °osition
Residence Address Phone
5. Full Name Position
Residence Address Phone
6. Full 'lame Position
Residence Address Phone
7. Full 'lame •
'osition
Residence Address Phone
1. Full Name Position
Residence Address Phone
9. Full Name Position
Residence Address Phone •
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10. Full Name Position
Residence Address Phone
(A Part II - Personal Information form must be filled out and attached for each
of these individuals,)
(b). The full name, residence address and telephone number of the manager, proprietor
or other agent in charge of the ciub's premises to be licensed.
Full Name
Residence Address Phone
(A Part II - Personal Information form must be filled out and attached for
this individual.)
IF THIS APPLICATION IS FOR A min, INCLUDE A TRUE COPY OF THE ARTICLES
OF INCORPORATION AND BY-LAWS.
THERE MUST BE SUBMITTED A SWORN STATEMENT THATr
EXISTENCE FOR MORE THAN FIFTEEN YEARS nR, IN THE THE tAh LI-
CANT IS A CO;.U"RESSIO;IALLY CHARTERED VETERANS' ORGANIZATION, IN EXIS-
TENCE FOR MORE THAN TEN YEARS PRIOR TO JANUARY I, 1961. THE STATEMENT
SHALL BE MADE DY A PERSON WHO HAS PERSONAL KNOWLEDGE OF THE FACTS
STATED THEREIN. IN THE EVENT THAT Mn PERSO;, CAN MARE SUCH A STATEMENT,
SATISFACTORY DOCUMENTARY PROOF MAY BE SUBMITTED IN SUPPORT OF SUCH. FACTS.
9. State the exact legal description of the premises to be licensed.
(Applicant must also submit a plat plan of the area showing dimensions, location
of buildings, street access, parking facilities and the locations of and
distances of buildings, street access, parking facilities and the locations
of and distances to the nearest church building and public school grounds.)
See Exhibit "B" attached hereto for legal description.
See Exhibit "C" attached hereto for plat plan.
10. How are the prenises classified under the Village of Eden Prairie zoning
ordinance? Rural
11. State full name, residence and business address and telephone numbers of owner
or owners of the building wherein the licensed business will be lnrated, if
owner is other than the applicant.
Full Name Not applicable
Residence Address phone
Business Address_ Phone
Full Name
Residence Address
Phone ,
Business Address Phone .
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12. Where building is owned by other than applicant, state in summary conditions of
lease arrangement - term of years, monthly rental, etc. (A true copy of the
lease shall be attached.) Not applicable
13. If building is owned by individual applicant, partnership, corporation of
association, state:
(a) Date putxMascxl 1970 (b) game and address of person;
built
purchased from Not applicable
Building Cpst
(c)fPmcerbasexpxamee $336,668 ; (d) Amount of down payment $ N/A
(f) Who currently holds mortgage?National City Bank of Minneapolis
(g) Amount of Contract for Deed $ None (h) Who currently holds
Contract for Deed? Not applicable
(i) Term of Mortgage principal due October 1, 1979
(j) Term of Contract for Deed Not applicable
(k) Rate of interest on Mortgage 2 1/2% over prime with a floor of 9
(1) Rate of interest on Contract for Deed Not applicable
(n) State the rate at which Mortgage and0Axx0octxxotxtuoulDetti is being
liquidated interest paid currently, principal due October 1, 1979
(n) Arc the payments on Mortgage and/or Contract for Deed up to date? Yes
lb. State the amount of the investment that the applicant has in the business
premises, fixtures, furniture, stock in trade, etc. and attach supporting
proof of the source of such money.
See Exhibit "D" attached hereto.
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15. Give full name, address, telephone number and the nature of the interest, amount
thereof, terms for payment or other reimbursement, of all persons, other than
the applicant, who have any financial interest in the business, buildings,
premises, fixtures, furniture, or stock in trade. (This shall include, but not
be limited to, any lessees, lessors, mortgagees, mortgagors, lenders, lien
holders, trustees, trustors and persons who have co-signed notes or otherwise
loaned, pledged, or extended security for any indebtedness of the applicant,
but shall not include persons owning or controlling less than 5% interest in
the business, if a corporation).
See Exhibit "E" attached hereto.
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IF THIS APPLICATION IS FOR PREMISES EITHER PLANNED OR UNDER
CONSTRUCTION 02 UNDERGOING SUBSTANTIAL ALTERATION, DIE APPLICATION
SHALL DE ACCOtt°AfIED BY A SET OF PRELIMINARY PLANS SHOWING THE
DESIGN OF THE PROPOSED PREMISES TO BE LICENSED. IF THE PLANS OR
DESIGN ARE ON FILE WITH THE SUPERINTENOENT OF THE BUILDING DE°ART-
MENT, NO PLANS NEED BE FILED WITH THE APPLICATION.
. 16. State the floor number, general area, and rooms where intoxicating liquor is
to be sold and consumed.
(Applicant shall attach a floor plan showing dimensions and indicatin3 number
of persons intended to be served in the dining rooms, and indicating and
identifying all other rooms and other areas where intoxicating liquor is to
be sold and consumed.)
Liquor will be sold and consumed on one floor in the Dining Room,
the Men's Grill, and the Open Grill which together have a total
area of approximately 2368 square feet. For details see floor
. plan attached hereto.
17. What permits required by the Federal government by the Laws of the United Statc
have been applied for or issued for the premises? In what name were these
applied for or issued and what is the nature of the permit? .
Special tax stamp for retail liquor dealer will be applied for
under the name of Olympic Hills Corporation. Nature of the permi
is a federal tax.
18. What permits or licenses required by the State government by the Statutes have
been applied for or issued for the premises? In what name were these applied
for or issued and what is the nature of the permit or license?
Olympic Hills Corporation currently has a food license, a set-up
license and a 3.2 beer license - all issued to it by the City of
Eden Prairie. It also has a food and beverage license issued to
it by the State of Minnesota. All of these licenses are in the
name of Olympic Hills Golf Club.
19. Are any real estate taxes, personal property taxes, special assessments, other
financial claims of the Village of Eden Prairie delinquent or unpaid for the
premises to be licensed? No If "yes", give details.
20. Is the premises located within 1000 feet of any public school? No
(This distance is as measured in a straight line from the parcel or lot upon
which the business to be licensed is located to the nearest point of the
parcel or lot upon which the public school is located.)
21. Is the premises located within 1000 feet of any church? No
(This distance is as measured in a straight line from the parcel or lot upon
which the business to be licensed is located to.the nearest point of the
•
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v96 •
22. If the premises is a hotel, is there a dining roam, open to the public, with
a minimum floor area of 900 square feet? Not applicable
23. If the premises is a restaurant, is there a minimum floor area of 1200 square
feet for dining, open to the general public? Yes
•
24. Name, residence address, business address and telephone numbers of three pers(
residents of Hennepin County, of good moral character, not related to the
applicant or financially interested in the premises or business, who may be
referred to as to the applicant's character.
1. Name Edward R. Landis
Residence Address 4905 Prescott Circle, Edina a Phone 933-0617
Bank of Business Address ].20st S.National 6th Street. Minnea�lisoPhone 370-3838
2,, Name Gregory D. Gustafson
- j
Residence Address 6412 Aspen Road, Edina Phone 933-6820 .
•
Business Address 7400 Metro Blvd., Edina Phone 835-7277
3. Name John M. Bujan
Residence Address 3106 Vincent Ave., Minneapolis Phan. 529-2445 i
Business Address 7400 Meira Boulevard, Edina Phone 835-7277
STATE OF MINNESOTA )
) SS
COUNTY OFHENNEPIN )
Michael J. Adams being first duly sworn, upon his oath
deposes and says that he is the person who has executed the above application
and that the statements made therein are true of his own kn v] se and belief.
Signed. ��� J
Subscribed and sworn to before me this 10th day of February 19 78 . i
1 to y Public, County
Hy commission e:.,;ires • 19
y
{2 M
4 IpTMASIES O '.
•8- w.., Ur Cm.wra.mom.m..1.1 W
•
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EXHIBIT "A"
•
5. Full Name: Walter S. Walsh Interest: 18 1/3%
Residence Address: 11 Merilane, Edina, MN 55435 Phone: 929-4220
6. Full Name: William M. Baker Interest: 10%
Residence Address: 3200 West Calhoun Parkway, Phone: 920-3129
Minneapolis, MN 55416
7. Full Name: Donald J. McGlynn Interest: 10%
Residence Address: 6301 Westwood Court, Edina, Phone: 938-4873
MN 55436
8. Full Name: Jack A. Price Interest: 10%
Residence Address: 6208 Idylwood Lane, Edina, Phone: 935-4005
MN 55436
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EXHIBIT "B" •
This legal description covers approximately 91.02 acres upon which
the Olympic Hills Clubhouse is situated. The intoxicating beverages to
be served under this license will be served only in the Clubhouse itself.
That part of Government Lot 10, and accretions thereto, Section 24, and
that part. of Government Lot 1, and accretions thereto, and that part of
the Southeast Quarter of the Northwest Quarter, Section 25, all in
Township 116, Range 22, described as: Beginning at the Northeast corner
of said Lot 10, thence South to the Northeast corner of said Lot 1, thence
West along the North line of said Lot 1, a distance of 33 feet to a Judi-
cial Landmark; thence continue West along said North line of Lot 1 a
distance of 430.5 feet to a Judicial Landmark; thence South parallel with
the North and South quarter line of said Section 25, a distance of 945
feet to a Judicial Landmark; thence East parallel with the North line of
said Lot 1 a distance of 430.5 feet to a Judicial Landmark; thence continue
East along the last described course a distance of 33 feet to said quarter
line; thence South along said quarter line 290.58 feet; thence West para-
llel with the North line of said Lot 1 a distance of 33 feet to a Judicial
Landmark; thence continue West along the last described course 244.2 feet;
thence North parallel with said quarter line 260.58 feet; thence West
parallel with the North line of said Lot 1 a distance of 186.3 feet; thence
South parallel with said quarter line 260.58 feet to a Judicial Landmark;
thence continue South along said last described course 470 feet to a
Judicial Landmark; thence East parallel with the North line of said Lot 1
a distance of 230.4 feet, more or less, to an intersection with a line drawn
parallel with and 233 feet West of saic quarter line, which intersection
is marked by a Judicial Landmark; thence South, parallel with said quarter
line to a point 535.87 feet North of the South line of the Southeast Quarter
of the Northwest Quarter of said Section 25, which point is marked by a
Judicial Landmark; thence East parallel with the South line of said quarter
quarter, a distance of 200 feet to a Judicial Landmark; thence continue
East along the last described course 33 feet to said quarter line; thence
South along said quarter line 410.87 feet to a point 125 feet North of the
Southeast corner of said quarter quarter; thence West parallel with the
South line thereof a distance of 33 feet to a Judicial Landmark; thence •
continue West along the last described course 400 feet to a Judicial Land-
mark; thence South parallel to said quarter line 125 feet to the South line
of said quarter quarter, which point is marked by a Judicial Landmark;
thence West along said line to the Southwest corner of said quarter quarter,
which is marked by a Judicial Landmark; thence North along the West line
thereof, and along the West line of said Lot 1 and an extension thereof
to the point of intersection of said line with an extension of the North
line of said Section 25, which point of intersection is marked by a Judicial
Landmark; thence Northwesterly to the geographical center of Neill's Lake
as shown on the plats on file in Torrens Cases Nos. 3044 and 13526 and
stopping at a point in the West line extended of said Section 24 distant
42.7 feet South of the intersection of the extension of the West line of
Section 24 with an extension of the North line of said Lot 10; thence North
along the said West line extended 42.7 feet; thence East along the North
line of said Lot 10 a distance of 1320.80 feet to a Judicial Landmark;
thence continue East along the last described course 1281.25 feet to a
Judicial Landmark; thence continue East 45.58 feet to the place of beginning,
according to the Government Survey thereof.
1199
EXHIBIT "D"
The shareholders of Olympic Hills Corporation have each invested
significant amounts of personal funds in the Corporation. In 1969
upon the Corporation's beginning, they each invested personal funds
in return for demand notes from the Corporation. During the period
since that time, each shareholder has, on an almost annual basis,
invested further sums of personal money from various sources such
as savings or inheritances. These subsequent investments were again
in return for demand notes. The current investment of each share-
holder is listed below.
Shareholder Amount Source
Rudy Luther $ 160,000.00 Personal Funds
Costney Egan $ 128,050.00 Personal Funds
Thomas Hoak 105,550.00 Personal Funds and Inheritance
Ernest Dorn 105,550.00 Personal Savings
William Baker 105,550.00 Personal Assets
Walter Walsh 160,000.00 Personal Funds
Jack Price 105,550.00 Personal Savings
Don McGlynn 25,000.00 Personal Work•
•
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Sod
I
EXHIBIT "E"
1. National City Bank of Minneapolis
a) Address - 75 South 5th Street, Minneapolis, Minnesota.
b) Telephone Number - 340-3000 •
c) Nature of the Interest - First Mortgage on the building
and property.
d) Amount - $1,150,000.00
e) Terms of Payment - Principal due October 1, 1979, and
interest payable currently.
•
2. Summit State Bank of Bloomington
a) Address - 1551 East 78th Street, Bloomington, Minnesota.
b) Telephone Number - 854-2211
c) Nature of the Interest - Four - short term notes.
d) Amount - $122,700.00
e) Terms of Payment - Principal payable on demand and
interest payable currently.
SU1
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DINING 926 Sri FT 80
MENS GRILL 714 50.FT. 60
DI-EN GRILL 726 SQ.FT 60
5 iQ
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, FEBRUARY 21, 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;
Director of Community Services Bob
Lambert; City Engineer Carl Jullie; Finance
Director John Frane; and Joyce Provo, Recording
Secretary
INVOCATION: Councilwoman Joan Meyers
PLEDGE OF ALLEGIANCE •
ROLL CALL: Bye, Meyers, Pauly and Penzel present; Osterholt absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the Council agenda:
A. Communication from Local 49
8. Communication from Condor Corporation
C. Appointment of Council member to attend Athena Awards Banquet
D. Discussion on Awards Banquet
MOTION: Meyers moved, seconded by Pauly, to approve the agenda as
amended and published. Motion carried unanimously.
II. CONSENT CALENDAR
A. Set Public Hearing for Hennepin County Library Site in Homart Center,
rezoning of 2 acres from Rural to Public, for March 7, 1978
8. Set Public Hearings for Richard Anderson, rezoning 22 foot strip from
Rural to I-5 Park, and Minnesota Mini-Storage, 2nd Addition, from
Commercial-Highway and Rural to I-2 Park, for April 4, 1978
C. Payment of Claims Nos. 8731 - BBB2
MOTION: Pauly moved, seconded by Meyers, to approve all items on the
Consent Calendar. Roll Call Vote: Pauly, Meyers, Bye, and Penzel
voted "aye". Motion carried unanimously.
5O3
Council Minutes - 2 - Tues.,February 21, 1978
III. REPORTS OF ADVISORY COMMISSIONS
No reports.
IV. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance Nos. 78-07 and 78-08, rezoning Nestlebrook
to R1-13.5 and RM 6.5 respectively, and rezoning agreement
Meyers requested that an amendment be made on page 2 of the rezoning
agreement in item 6, after "Exhibit B" by adding the following langauge:
"except that the rear lot lines of lot 2 be adjus-:ed in the final
plat to coincide with the floodplain elevation".
MOTION: Meyers moved, seconded by Pauly, to adopt the 2nd Reading
of Ordinance Nos. 78-07 and 78-08, rezoning Nestlebrook to R1-13.5
and RM 6.5 respectively, and approval of the rezoning agreement as amended. •
•
Motion carried unanimously.
B. Resolution No. 78-22, establishing a policy for the Cash Park Fee
City Manager Ulstad requested that this item be continued to either
the March 7th or March 21st Council meeting.
MOTION: Bye moved, seconded by Meyers, to continue Resolution No. 78-22
to either the March 7th or March 21st Council meeting. Motion carried
unanimously.
V. REPORTS OF OFFICERS, BOARDS & COMhiISS:�"IS
A. Reports of_Council Members
1. Appointment of a Representative to Advisory Council for School
District #272 Community Education
Penzel recommended the appointment of Councilman Bye as the
representative to the Advisory Council for School District #272
Community Education.
MOTION: Pauly moved, seconded by Meyers, to appoint Councilman •
Bye as 'the representative to the Advisory Council for School District
#272 Community Education. Motion carried unanimously.
2. Councilwoman Pauly reported on her conversation with the head of
the Geological Survey regarding the chemical waste disposal site
under consideration in Eden Prairie
3. Councilman_ye commended the people who have taken part in the
chemical waste disposal site selection meetings, and other Council
members concurred with this commendation.
B. Report of City Attorney
1. Joint Zoning Board for the Metropolitan Airports Commission
City Attorney Thorfinnson spoke to his memo dated February 16, 1978,
and answered questions of Council members.
/aD1-1
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Council Minutes - 3 - Tues.,February 21, 1978
1. Joint Zoning Board for the Metropolitan Airports Commission (continued)
Council members expressed their concerns about a Joint Zoning
Board.
MOTION: Bye moved, seconded by Meyers, to direct the City Manager
to draft a letter regarding the concerns of the Council to the
Chairman of the Metropolitan Airports Commission, and that the appointment
of 2 members to the Joint Zoning Board be continued to a future Council
meeting. Motion carried unanimously.
2. Amendment to Sign Ordinance
MOTION: Bye moved, seconded by Meyers, to continue consideration
of amendments to the Sign Ordinance to the March 7, 1978 Council
meeting. Motion carried unanimously.
C. Report of City Manager
1. Setting of a date for discussion of Guide Man
MOTION: Meyers moved, seconded by Pauly, to set Tuesday,
March 7, 1978, as the date for discussion of the Guide Plan.
Motion carried unanimously.
2. Re uest from Attorne John Crouch re resentin Oscar Jones
an an Garrison Crosstown Park
City Manager Ulstad spoke to request from Attorney John Crouch
as outlined in communication dated February 2, 1978.
MOTION: Bye moved, seconded by Meyers, to approve the request
of Attorney John Crouch as outlined in City Engineer's memo
dated February 16, 1978. Motion carried unanimously.
D. Report of Director of Community Services
1. Hennepin County Chipping Site Proposal
Director of Community Services Bob Lambert spoke to memo dated
February 17, 1978, from Chris Enger and Stuart Fox, and recommended
approval of the chipping site as per conditions in memo.
Michael Brandt, Hennepin County Public Works Department, answered
specific questions from Council members.
Meyers requested that items e, f, g, h, and i be added to the
Staff memo on page 4, to read as follows:
"e. Hennepin County will grade only to level the site for
intended use and will provide an adequate entrance road
with dust control and appropriate safety signing and
lighting."
60S
Council Minutes - 4 - Tues.,February 21, 1978
1. Hennepin County Chipping Site Proposal (continued)
"f. The dutch elm diseased trees present on this and adjoining
sites must be removed by April 1, 1978."
"g. The City retains the right to set hours of operation and
methods of operations in response to noise/nuisance complaints
from surrounding neighbors."
"h. Operator will conduct daily cleanup patrols along user
deliver'routes within the City to collect spilled debris."
"i. Processed chips must be removed within 5 days and will not
be stockpiled on the site."
MOTION: Bye moved, seconded by Meyers, to approve the Hennepin
County Chipping Site Proposal as per amended Staff Report dated
February 17, 1978. Motion carried unanimously.
Mr. Brandt stated the Council would concur with the amendments added
to the Staff Report.
E. Report of City Engineer
1. Receive Feasibility Report for sewer and water trunk extension
and street improvements in the Round Lake Area (I.C. 51-315)
City Engineer Jullie spoke to "asolution No. 78-33 and the Feasibility
Report prepared by Rieke-Carroll-Muller Associates, Inc.
MOTION: Meyers moved, seconded by Pauly, to adopt Resolution
No. 78-33, receiving feasibility report and calling for a hearing
(I.C. 51-315) for April 4, 1978. Motion carried unanimously.
2. Approve plans and specifications and order advertisement for
bids for City Well #3 pump, motor, controls, pumphouse and
discharge line, 1.C. 51-301
MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No.
78-34, approving plans and specifications and ordering advertisement
for bids (I.C. 51-301A). Motion carried unanimously.
MOTION: Meyers moved, seconded by Penzel, to strongly urge
the Riley Purgatory Creek Watershed District to issue the permit
requested for City Well #3, and that this request be sent in the
form of a letter under the Mayor's signature. Motion carried
unanimously.
3. Minnesota Department of Transportation request for interchange
improvements at #18 and #494
Planner Enger spoke to Resolution No. 78-32 and memo dated
February 9, 1978.
506
Council Minutes - 5 - Tues.,February 21, 197B
3. Minnesota Department of Transportation request for interchange
improvements at #18 and #494 (continued)
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No.
7B-32, stating position on Minnesota Department of Transportation's
proposed improvements to Interstate 494/County Road #1B Interchange.
Motion carried unanimously.
Penzel requested that the Minnesota Department of Transportation
be notified of the CounciAconcern about the lateness of the
notification, and also that they should try to notify parties
along the roadways of the Public Hearing.
F. Report of Finance Director
1. Clerk's License List
City Manager Ulstad explained that Mr. & Mrs. Jerome Burns are
out of town, and recommended that their private kennel license
be deferred until they are able to attend a Council meeting.
MOTION: Bye moved, seconded by Meyers, to approve the Clerk's
License List dated February 21, 1978, with the exception of
the Jerome Burns request for a private kennel license.
Further that Mr. Burns be contacted as to when he would be
available to attend a Council meeting, and that Mr. Burns be
supplied with the same information as the Council received.
Motion carried unanimously.
2. Bond refunding
Finance Director Frane spoke to memos dated February 7, 197B,
and February 17, 197B.
MOTION: Bye moved, seconded by Meyers, to approve the contract
previously permitted reflecting the memo from Finance Director
Frane dated February 7, 197B regarding fees. Roll Call Vote:
Bye, Meyers, Pauly and Penzel voted "aye". Motion carried
unanimously.
Frane spoke to Resolution Nos. 78-35 and 7B-36, recommending
approval of same.
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No.
7B-35, providing for the public sale of $6,150,000.00 Water and
Sewer Refunding Bonds. Motion carried unanimously.
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No.
78-36, providing for the public sale of $5,090,000.00 General
Obligation Refunding Improvements Bonds or $3,9n0,000.00, depending
on what interest rate is the week previous. Motion carried
unanimously.
6U7
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•
Council Minutes - 6 - Tues.,February 21, 1978
VI. NEW BUSINESS
A. Communication from Local 49
City Manager Ulstad spoke to communication from the Metropolitan
Area Management Association dated February 16, 1978, recommending
an increase in the City's monthly insurance contribution from
$60.00 to $65.00 for 1978, and the extension of the contract to include 1979.
NOTION: Pauly moved, seconded by Meyers, to accept the Manager's
recommendation to increase the City's monthly insurance contribution
from $60.00 to $65.00 for 1978 for Local 49 employees, and the extension
of the contract to include 1979. Roll Call Vote: Pauly, Meyers, Bye and
Penzel voted "aye". Motion carried unanimously.
B. Communication from Condor Corporation
City Manager Ulstad spoke to request from Condor Corporation asking
that they be relieved of the cash park fee. Ulstad further explained
that the rezoning agreements were signed and it was stated to them
they would be responsible to pay the cash park fee at the time of
the building permit.
City Attorney Thorfinnson explained Condor Corporation's attorney
in examining the City's ordinances, interpreted the ordinances
that a cash park fee is only required if there was a platting of
the property, not if there were a rezoning. Mr. Thorfinnson's
interpretation was that the cash p;.:k fee would be paid if there is
a division or platting of property.
MOTION: Bye moved, seconded by Meyers, that we accept the check
and to state that the full intent was to use same for cash park fee.
Motion carried unanimously.
C. Appointment of Council member to attend Athena Awards Banquet
Penzel recommended the appointment of Councilwoman Pauly to attend
the Athena Awards Banquet. Council members concurred with this
recommendation.
D. Oiscussion on Awards Banquet
General discussion took place regarding the Awards Banquet to be
held March 2B, 1978, i.e., sponsor and who should receive awards.
E. Miscellaneous
1. Penzel reported on receiving complaints on aircraft noise
from Flying Cloud Airport.
Thorfinnson explained that the restraining order has not been
lifted to fly jets out of Flying Cloud Airport.
MOTION: Meyers moved, seconded by Bye, to instruct the City
Attorney to notify the Judge that the Metropolitan Airports
Commission is flying jets out of Flying Cloud Airport and question
if the restraining order is still in effect. Motion carried
unanimously. y�ij
Council Minutes - 7 - Tues.,February 21, 1978
E. Miscellaneous (continued)
City Manager Ulstad explained that a formal request has been
received from Super Valu for a rezoning.
Bye suggested that the Council go on record and that a letter
be drafted by the Manager with best wishes for this project
to the people at Super Valu.
VII. ADJOURNMENT
MOTION: Bye moved, seconded by Pauly, to adjourn the Council meeting
at 9:17 PM. Motion carried unanimously.
)'
UNAPPROVED MINUTES
SPECIAL EDEN Paths E CITY COUNCIL MEETING
THU.RSDAY, MARCH 2, 1978 7:30 114, CITY BALL
COUNCIL ?SI:HERS: Mayor Wolfgang Fenzel, Billy Bye, Joan
Meyers, Dave Osterholt and Sidney Pauly
COUNCIL STAFF: City Manager Roger Mated; Planner Chris
Eager; Finance Director John Frane; Director
of Community Services Bob Lambert; Engineer
Carl Jullie and Recording Secretary Donna
Stanley
OTHERS PRESENT: Planning Consultant Don Brauer
I. ROLL CALL; All members present.
II. APPROVAL OF AGENDA.
The following items were requested to be added to the agenda;
F.3. Direction for Comnissionq
4. Parks and zoning recommendations
S. Settinu of public hearing date — Olympic hills
G. GOALS AFT) OBJECTIVES
MOTION; Bye moved, seconded by Meyers, to approve the agenda as amended
and published. Motion carried unanimously.
III. DISCUSSION OF GUIDE FLAN UPDATE
A. INTRODUCTION & L. LANATION
City Manager Ulatad spoke to the introduction to the Guide Plan and
explanation of Plan intent,and to the process for changing components.
The following points were discussed;
1. The intent of the Guide Plan as a guide for the City to
be summarized at the beginning of the document.
2. Changes that effect the document to be stated in concise form,
and supportive evidence.
3. Desirability of "selected growth" — more industrial development
and multiple dwellings, smaller lot sizes, and innovative housing
for low/r.odcrate housing commitment.
4. Position of the Council to be one of innovation rather than of
reaction.
J IV
Jouncil Minutes — 2 - Thursday, March 2, 1978
B. TRANSPORTATION
1. System Priorities
City Engineer Jullie spoke to list of Transportation Project
Priorities of 3/2/78.
Several suggestions were made and are as followss
a. Inclusion of a "Table of Definitions" in the Guide Plan
stipulating terms used for designating roads and freeways. •
b. Brief explanation of reasons ibr priority set for each item.
c. Importance of designating the no. 1 priority, for the reason
that much of the development will occur there.
d. Emphasis on the use and cost benefit to Eden Prairie of •
roads considered as top priority projects.
e. Review of the Transportation Project Priorities list by
Council members, with later consideration at a special meeting. •
2. 212 Alignment and Priority
Discussion took place on the 212 alignment and various opinions •
were expressed.
3. Pell Rood
Planning Consultant Brauer responded to questions on the alignment
of Dell Road and whether it would extend to Highway 5, to which he
responded negative.
4. Public Transportation
Meyers suggested that all new roads be considered on a "use and cost
benefit" to the City as part of the City's review process, and that
more "through" streets be designated. She further suggested that
SIDE'!AIICS.',NJ TRAILS be considered as part of the Transportation Section
of the Guide Plan.
C. HOUSIf!G
1. Low/Moderate Eousin? Joaunitmenk
Pauly spoke to the reference in the Guide Plan to six units per acre
for manufactured housing to be clustered throughout the City.
Ostorholt requested that the 1972 Housing Policy be forwarded to all for
review.
Bye spoke to three questions to be addressed in considering the FIRM
(1) Does the City get involved? (2) Do we want to implement through
a development corporation? (3) Do we commit ourselves as a City,
theoretically?
rt1 1
Council Minutes - 3 - Thursday, March 2, 1978
D. GROWIM
1. Ultimate Jity Population
Planning Consultant Brauer spoke to 150,000 as ultimate population
that can be accomodated to support transportation, sewer, and etc.,
and represents a 10% growth in 35 years. he pointed out that these
figures are different than the base and pace of growth figures used
by the Metro Council.
Meyers questioned the ultimate population regarding school population,
and spoke to Edina experiences and projected it to Eden Prairie.
Bye suggested locating new schools on the fringe of a neighborhood, •
rather than as traditionally built in the center, to be used for
another purpose if necessary.
2. Total Growth in Relation to Fiscal Digparitieq
•
Meyers spoke to the percentage of growth as a fiscal asset and to
be encouraged.
E. LAND USE
1. M1tiple Residential Land Use Designations
Discussion took place on designations of density trade-offs and
to th^ projection as a major poll v of open space.
Osterholt requested clarity of terminology as a Council as to low,
medium and high density.
•
City Manager Ulstad defined the term "quasi-public" as church
property or used by the public, but not owned by the public.
2. Ncirhhorhood ;oraercial Land Use Desirnationn
•
Excessiveness of locations indicated for neighborhood commercial
land use was noted and requested to be cut down.
Osterholt spoke to a need for an office designation for industrial
and commercial land use.
Bye suggested that a picture of a typical neighborhood center be used
as a designation for 4/5 intersection.
3. RL. Residential-low density.
Brauer responded to questions on why this designation was located on
a City highway, as a Ilan for a complete osmvnity center.
Meyers questioned whether every community center had to be a complete
community center.
1
Council Minutes — 4 — Thursday, March 2, 1978
F. OTHER ITEMS
1. MUSA Line
Discussion took place on the possibility of moving the MUSA
line in order to hold off on demands on public services,
noting that it is very costly to the City to build outside
this lino.
Finance Director Frane noted that a statement is needed on
the !itchell, Red Rock Lake Sector, based on population pro—
jections.
2. Commission Awards Banouet
City Manager Ulstad spoke to information sheet handed out to
members at the beginning of meeting on members that have
served on various commissions, and requested discussion at
a later date as to any omissions.
3. Direction for Commissions
Mayor Penzel ruled this item to be continued.
4. Parka and Zoning Recomr..cndationg
Mayor Penzel ruled this item to be continued.
5. Settin- of Public IlearinF Date — Olympic Rills
18)TION: Meyers moved to set March 21, 1978 as Public Hearing
date on liquor license application by Olympia Hills, seconded
by Osterholt. Motion carried unanimously.
NOTION; Osterholt moved to set March 14, 1978 as date for a
special meeting for consideration of the sale of bonds, seconded
by Bye. Motion carried unanimously.
G. GOALS AIM OBJECTIVES
Mayor Penzel ruled this item to be continued.
V. ADJOURIaZII+?T
MOTION* Osterholt Loved to adjourn at 11*20 PM, seconded by Bye. nation
carried unanimously.
Sib
EDEN PRAIRIE CITY COUNCIL
UNAi i'ROV1Z) MINUTES
TUESDAY, Mai 7, 1978 7:30 PM, CITY HALL
COMM, ;:a:BER.S: Mayor Wolfgang Fenzel, Billy Bye, Joan
Meyers, Dave Osterholt and Sidney Pauly
comm., STAFF PRESENT: City Manager Roger Ulstad; city Attorney
Ross Thorfinnson; Planner Chris Enger;
Finance Director John Frane; Director of
Community Services Bob Lambert; Engineer
Carl Jullic; and Donna Stanley, Acting
Recording Secretary
INVC3ATICN: Councilman Dave Osterholt
PLEDGE CF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL 0? AGE:DA AND OTHER ITzDIS OF BUSINESS
The following items were requested to be added under the "IEI BUSINESS"
category:
A. Discu^lion on Purantcry Creek :ublic Eearinr (Duck Lake Sector)
B. Notification by letter from the Metropolitan Airports Ceirissiogi
regarding appointment of committee.
C. Perks. Recreation and Natural Resources Commission memo to the Council
reaarainf a zroeosed drainage oroiect.
1Y TION: Osterholt moved, seconded by Meyers, to approve the agenda as
amended and published. Motion carried unanimously.
II. CONSENT CALAPDAR
A. Set Public Hearing for A:.sden Frills III. Preserve. rezoning tQ
R1-13.5. for April 4. 197j.
B. Set Public I:earinr for Bryant Lake View Estates. rezoning to R1-22,
for April 4. 1975.
C. Fayrent of Claims Nos. 8317-9005.
MOTION: Bye moved, seconded by Osterholt, to approve Items A - C
on the Consent Calendar. Roll Call Vote: Bye, Meyers, Osterholt, Pauly
and Fenzel vote "aye". Motion carried unanimously.
Council Minutes - 2 - Tues., March 7, 1978
III. 14Ir U'^A.3 CF TIE RLGUTAR xU1:CIL METI1:G 1:ELD TUESDAY. FEBRUARY 7. 1978
Pg. 5, para. 1, 14th sent., change "roof lines" to "roof colors".
Pg. 5, para. 1, second from the last sent., change "attached" to "detached".
MOTION: Paul moved, seconded by Osterholt, to approve the minutes of the
regular Council mectin; held February 7, 1978 as amended and published.
Motion carried unanimously.
I'/. IU:•3LIC hii.'.RI;;GS
A. Eennerin County Libr.Lry Site. request to rezone 2 acres from Rural
to Public for construction of future library. The site is located •
north of Schooner 31vd.and south of Eden Prairie Shopping Center.
(Ordinance No. 78-11)
Mr. David Smith, representing the hennepin County Library, spoke to
plans for library in Eden Prairie, in place of present temporary li-
brary, and answered questions of the Council.
City Planner Eager spoke to the review of this plan by the Planning
Commission and Parks, Recreation and Natural Resources Commission,
and to their approval.
Osterholt questioned why the present site was not used, since it had
always had good use, and expressed favor toward locating the facility
near the new high school.
Mr. Smith explained that the library interest in property was always
centered in the commercial, rather than educational area, because
of better use.
l•r. Duane Pidcock, 8379 Red Rock Rd., requested the breakdown of
usuage, and questioned the proposed location of the library.
Mr. Smith explained he could not give a detailed breakdown but that
a majority of users are eighteen yrs. and up, and also, there is no
intent of extensive curriculum services.
Mr. Mike Fames, 17345 W. 78th St., questioned the ultimate size of the
building, and asked whether it could not be built to accommodate a
second floor. Smith responded affirmative.
MOTION: Meyers moved, seconded by Bye, to close the Public
hearing and to adopt the first reading of Ordinance 78-11, for re-
zoning two acres from Rural to Public for construction of future
library. 3ye, Meyers, Pauly and Penzel voted "nye"; Osterholt voted
"nay". Motion carried.
MOTION: Meyers moved, seconded by Pauly, to direct the City Attorney to
draft re-zoning aareer.ent to include the recommenOation of 51 sidewalks r
on Schooner 3oulcvard with 5" concrete materials; bike racks provided
by the County at the site; final building design and landscaping slproval
by Flnnr.io Co:.rassion prior to building permit issuance; a community
room be and° available to the public; and the consideration of expansion ,
to two stories be re-considered as an alternate to the present design.
All voted "aye". Motion carried unanimously.
6/1)-
Council Minutes - 3 - Tues., I•;arch 7, 1;18
A. Yonne-in County Library Site (Continued)
1OTION: ;'eyers moved, seconded by 0sterholt, that the Council direct
the Staff to publish Public Fearing to re-zone remaining 1.4 acres of this
site to public. All voted "aye". Eotion carried unanimously.
B. COR Investment,! request to preliminary plat and rezone from
hi Rural to 6.5 and Co:.:_unity Oo:w..ercial approximately 19 acres
in the 3.d corner of a 5/.:o.Rd. 4, for 4 coor.ercial lots and
14 duplex lots. (Ordinance 7S-09, R1 6.5)(Crdinsnce 78-10,
Corot unity Co:....crcial) (?.csolution 73-37 Preliminary Plat)
City Manager Ulstad spoke to comrunication received from OCR Investment
requesting a continuation of the Public hearing to some future date.
11;TICNi Osterholt i::oved, seconded by Pauly, to continue the Public
Hearin;; for OCR Investment to bay 4, 1973, and instruct the Staff to
publish appropriate schedule. All voted "aye". Lotion carried unanimusly.
V. REPORT OF ADVISORY CC10aSSIONS
A. Human .i t'.;ts 0o.:mission
1. Ordinance ;i 333.
2. .lora.:ission IIc:e Change.
LOTIC:I: Catcrholt raved, seconded by Pauly, that the Ocuncil direct the
Staff to draft the necessary phrasing to amend Crdinance 333 to indicate
that it establishes the Oc_.unity Rased Services 3onrd as a uart of the
human Rights Cc:l_ission, and to ar..cnd the ordinance establishing the
Co:_.ission to expand the name of the Commission to be "human Rights and
Services Commission". All voted "aye". Lotion carried unanimously.
VI. CRDIN=13 AID RLSCLtTICLS
A. 2nd Re;dinn of Crdinance No. 77-37. rezoning 33.2 acres for
lddeenrnte b• gerald :?. `Lantz L Frutz-Frrn klin realty frog, Rural,
to ?d: 6.5 for 171 units, and rezoning agreement.
YDTICN: Rye moycd, seconded by Osterholt, to continue the 2nd reading of
Ordinance No. 77-37, rezoning 33.2 acres for hdengate by Gerald 3. louts a
Pautz—Yranklin Realty from Rural to RN 6.5 for 176 units, and rezoning
agreement; and to accept first plan as proposed in the communication of
March 2, 1975, received from howard Dahlgren Associates. All voted "aye".
lotion carried unanimously.
B. Resolution ho, 7'-31. Circle Rubber :o, rcoucst for rrelthinary •
arrrovnl of 600,000 LIL3s.
j
MOTION: Osterholt moved, seconded by Fenzel, to a!prove Resolution 77-33
subject to the confimation of the Staff that the zoning is proper for the
site selected. All voted "nye". Motion carried unanimously.
i,
r
I
Council Minutes - 4 - Tues., March 7, 1978
C. Resolution 73-39. Relating to CDBG Funding
MSOTION: Osterholt moved, seconded by Meyers to approve ;
Resolution 78-39, amending Resolution 78-03 (A Resolution re-
questing Hennepin County to Transfer CL3G Funds from Project
#56 to Project #57). All voted "aye". Motion carried unanimously.
VII. REPORTS OF O7 I1ERS. BCA?.DS & :OMMISSICM;S
A. Reports of Council hemters
1. Amendments to Simi Ordinance
city :danger Ulstad spoke to the review by the Council of
Ordinances 152 and 262, and to recoxrendation of Alternative B
for amendment of non-conforming uses, and to Alternative C for
amendment to variance standards.
MOTION:: Bye moved, seconded by Osterholt, to direct Staff to drag
up necessary amendments to the Ordinances 152 and 262 in legal form
for consideration at the next meeting; addition of language to cover
situations where a sign has never been conforming use and could be
corrected by taking out 8 license; and information included on real
estate signs. All voted "aye". Notion carries unanimously.
B. Report of City Atterie
1. Status on Court's restraininz order rrohihitina ietg
from fl7in7 out of F1vin7 Cloud Airoork.
City Attorney Thorfinnson stoke to review of the question as to the
right to fly jets pursuant to Ordinance 51.
I•;OTICM?: Osterholt moved, seconded by Bye, to instruct the city
Attorney to pursue this ratter with the courts. All voted "aye".
Motion carried unanimously.
3. Report of City M;^naaer
Lone. •
D. Retort of Corm unity Services Director
1. Round Lake School/Park Deed.
City Manager Ulstad stoke to the Deed submitted by the School Board
to the City for acceptance.
MOTION: Bye moved, seconded by Osterholt, to continue this matter
to the next meeting, rnd return to the Staff for additional information
for recommendation. All voted "aye". Motion curried unanimously.
I
Council Minutes - 5 - Tues., March 7, 1978
2. Authorization to bid 1978 park construction materials
Community Services Director spoke to his memo of March 3rd requesting
authorization for bidding on grading equipment, explaining thatthe re-
maining material will be bidded out during the summer as it comes up.
MCTION: Osterholt moved, seconded by Bye, to approve the recommendation
of Staff authorizing bidding on materials for 1973 park construction.
All voted "aye". idotion carried unanimously.
E. Report of City Engineer
•
Engineer Jullie spoke to Engineering Report on Final Plat of March 2nd,
and to Feasibility Report being prepared for the meeting of March 21st.
MOTION: Bye moved, seconded by Osterholt, to approve Resolution No. 78-40,
approving final plat of Maple Leaf Acres 4th Addition. All voted "aye".
Motion carried unanimously.
Mrs. Audry Sass, Meadow Lana, asked whether the right-of-way would allow
frontage to occur. Jullie responded affirmative.
F. 3erort of Finance Director
1. Clerk's License :ist
i•'2TIC: Osterholt moved, seconder Meyers, to approve Clerk's
License Application List of March 7, 1978, excluding Private Kennel
License request. All voted "aye". Motion carried unanimously.
IX. NEW BUSINESS
A. Purgatory Creek Public hearing (Duck Lake Sector)
Meyers spoke to the Public hearing and to the attendance by the people who were
concerned as the Council was considering the Purgatory Creek Study.
Ulstad spoke to a list developed a couple of years ago and which is used to-notify
those people. •
B. Notification br letter from.. the Metropolitan Airports Commission regarding
nnpoitaet of coia..ittce
Iayor Penzel spoke to the letter of February 23rd, and directed the Staff to
draw up a letter of response to the chairman of MAC.
O. Parks. Recreation and Natural Resources Commission memo to the Council •
regarding a proposed drainage project.
I:CTIeN: 1:cycrs r..ved, seconded by aye, to direct Staff to communicate with
the City of B10-r3ngton, that any design of storm sewer being contemplated
along 103st, with possible drainage into Purgatory Creek, will need approval
of Eden Prairie and Watershed District. All voted "aye". Motion carried
unanimously.
X. ADJOUR:"ANT
1:i,Ti. r Jauly moved, seconded by Osterholt, to adjourn at 10:30. All voted "aye".
Motion carried unanimously.
A
LI .-.. 1 .11 d
l'i .
C7LS @_ 0 D UIIULSIItR
corpo Kg.@x
es 4
March 9, 1978
Mr. Roger Ulstad, City Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Mn. 55344
Re: Public Hearing Prairie mast 4, 5, 6, 7, 8 and 9 Additions
Dear Mr. Ulstad:
Hustad Development Corporation requests that the City Council
set a public hearing for April 18, 1978 to consider the Prairie
East PUD, rezoning and preliminary plat applications. As I
discussed in our telephone conversation the time schedule for
these projects is of some concern due to the uncertainty of the
park location question. The impact of moving Orrin Thompson
townhouse units to another site if the PrairieEast 5th Addition
application is rejected becomes a roblem for 1978 construction.
Thank you for your consideration of this matter.
Sincerely,
Richard A. Putnam
Hustad Development Corporation
RAP/er
1 519 I
12750 PIONEER TRAIL EDEN PRAIRIE,MINNESOTA 55343{612)941-4383 1
< , - EAGLE ENTERPRISES, INC.
5100 EDINA INDUSTRIAL BOULEVARD
SUITE 217 ■ EDINA.MINNESOTA 55435
612-8354,8&
March 15, 1978
Mr. Roger Ulstad
City Manager
City of Eden Prairie
8950 County Road 4
Eden Prairie, Minnesota 55343
Dear Roger:
Prairie Village Mall Shopping Center is planning an Easter
promotion for three days prior to Easter Sunday.
We request permission to temporary install a mobile sign on
the premises for this event.
If you have any questions, please call at your convenience.
Sincerely,
4 4: A✓. (�-z�.ee_z-
Del H. Einess, President
DHE/cf 1..
1
sla•,•In)isi«in Itrttl I:.lntt Imcsi,nenl,:& I) vt•luluut.nt.
Ca0
•
kes/jh 3/14/78
Sign Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO, 78-12
AN ORDINANCE AMENDING ORDINANCE NO. 152 AND PROVIDING FOR
THE REGULATION AND LICENSING OF ADVERTISING SIGNS
The City Council of the City of Eden Prairie does ordain:
Section 1. Section 5, Subd. 1. is hereby amended by adding thereto the
following:
Section 5. Advertising Sign Violations-Removals
Subd. 1.) Except as provided below, if the City Manager or his
designated representative shall find that any advertising
sign regulated by this ordinance has been erected or
maintained in any manner inconsistent with the provisions
of this ordinance or if any advertising sign has been
erected without first obtaining a permit to do so or is
unlicensed, he shall give written notice of such
violation to the advertising sign owner or installer
and/or the owner of the property upon which the
advertising sign is erected. If the advertising sign
owner or installer or property owner fail to remove
or alter the advertising sign or to secure the required
permit or license so as to comply with the provisions
set forth in this ordinance within thirty callendar days
following receipt of said notice:
a) .such sign shall be deemed to be a nuisance
and may be abated by the City proceedings
taken under Minnesota Statutes, Chapter 429,
and the cost abatement, including admin-
istration expenses, may be levied as a special
assessment against the property upon which the
sign is located; or
b) such permittee or owner may be prosecuted for
violating this ordinance and if convicted shall
be guilty of a misdemeanor, and subject to a
fine of not exceeding $500 or imprisonment for
a period of not exceeding 90 days. Each period
of thirty days within which the sign is not removed
IS.tl
or altered shall be deemed to constitute another
violation of this ordinance and punishable as a
misdemeanor hereunder.
Section 2. Section 5 of Ordinance 152 is hereby amended by adding thereto
the following Subdivision:
Subd. 5.) A lawful sign on the effective date of the adoption
of Ordinance No. 152 or of amendments thereto that does
not conform to the provisions therein shall be regarded
as a nonconforming sign. Such signs may be continued
in use when properly and safely maintained for a period
of six years from the date of the enactment of this
Ordinance or for a period of six years from the enact-
ment of an amendment which first causes a sign to
become nonconforming. At the end of the six years they
shall be made to conform with the provisions of this
ordinance or such amendment or they shall be removed
by the owner.
FIRST READ at the regular Council meeting on , 1978 and
finally read and adopted and ordered publia..ed at a regular meeting of the
Council of said City on the day of , 1978.
Wolfgang Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Published in the Eden Prairie News on the _day of , 1978.
-2-
5;2. L.
kes/jh 3/14/78
Sign Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 78-13
AN ORDINANCE AMENDING ORDINANCE NO. 261 REGULATING
AND REQUIRING PERMITS FOR SIGNS AND IMPOSING A PENALTY
The City Council of the City of Eden Prairie does ordain:
Section 1. Section 5 (e) of Ordinance No. 261 is hereby amended by
substituting therefor the following:
Section 5 (e) Violations and Fines.
If the Building Official or his deputy shall find
that any sign regulated by this ordinance is prohibited
as to size, location, content, type, number, height or
method of construction, or is unsafe, insecure, or a
menace to the public, or if any sign has been con-
structed or erected witnou` n permit first being
granted to the installer of said sign, or to the owner
of the property upon which said sign has been erected,
or is improperly maintained, or is in violation of any
other provisions of this ordinance, he shall give
written notice of such violation to the owner or
permittee thereof. If the permittee or owner fails to
remove or alter the sign so as to comply with the
provisions set forth in this ordinance within 30 days
following receipt of said notice,
(1) Such sign shall be deemed to be a nuisance, and
• may be abated by the City by proceedings taken
under Minnesota Statutes, Chapter 429, and the
cost of abatement, including administration
expenses, may be levied as a special assessment
against the property upon which the sign is located;
and/or
(2) Such permittee or owner may be prosecuted for
violating this ordinance, and if convicted, shall
be guilty of a misdemeanor, and subject to a fine
of not exceeding $500, or imprisonment for a period
of not exceeding 90 days. Each period of thirty
days within which the sign is not removed or altered
shall be deemed to constitute another violation of
this ordinance and punishable as a misdemeanor
hereunder. No additional licenses shall be granted
5a�
I
to anyone in violation of the terms of this Ordinance,
or to anyone responsible for the continuance of the
violation, until such violation is either corrected
or satisfactory arrangements, in the opinion of the
Building Inspector, have been made towards the
correction of said violation. The inspector may
also withhold building permits for any construction
related to a sign maintained in violation of this
ordinance.
a. Pursuant to Minnesota Statutes Annotated 160.27,
the Building Official, or his deputy, shall have
the power to remove and destroy signs placed on
street right-of-way with no such notice of
violation required.
•
(3) Appeals and Variances. A permit applicant or permit
holder may appeal any order or determination made by
the Building Official or his deputy pursuant to this
ordinance or a permit applicant or permit holder may
request a variance from the literal terms of this
Ordinance by filing a notice of appeal or application
for variance with the City Clerk requesting a hearing
before the Board of Ap,:_als and Adjustments creates by
Ordinance No. 135. The Board shall hear and decide
appeals and applications for variances in the following
cases:
(a) Appeals where it is alleged that there is an error
in any order, requirement, decision or determination
made by the administrative officer in the enforcement
of this ordinance,
(b) Requests fcr variances from the literal provisions
of this ordinance shall be granted only in instances
where their strict enforcement would cause unique
hardship because of circumstances unique to the
individual property or proposal under consideration.
Section 2. Section 6. (b) of Ordinance No. 261 is hereby amended by sub-
stituting therefor the following:
Section 6. (b) A lawful sign on the effective date of Ordinance No.
261 or of amendments thereto that do not conform to the
provisions therein shall be regarded as a nonconforming
sign. Such signs may be continued in use when properly
and safely maintained for a period of six years from the
date of the enactment of Ordinance 261 or from the date
of any amendment thereto which cause a sign to become
nonconforming. At the end of the six years they shall
be made to conform with the provisions of thiscrdinance
or they shall be removed by the owner.
-2-
/;ail
FIRST READ at a regular meeting of the Council of the City of Eden
Prairie the day of , 1978 and finally read, adopted and
ordered published at a regular meeting of the Council of said City on the
day of , 1978.
Wolfgang Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Published in the Eden Prairie News on the , day of , 1978.
-3-
5�S
rlt/jh 3/16/78
Amendment of Ord. 111
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 78-51
AN ORDINANCE AMENDING ORDINANCE NO. 111.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Section 1 of Ordinance No. 111 is amended to read as
follows:
"There is hereby established within the City of Eden
Prairie a Human Rights and Services Commission."
Section 2. 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 _21st day of March, 1978 and finally read and adopted and
ordered published at a regular meeting of the City Council of said City
on the day of , 1978.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Published in the Eden Prairie News on the _ day of , 1978.
521
rit/jh 3/16/78
Human Rights and Services
Commission
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 78- 52
AN ORDINANCE RELATING TO THE HUMAN RIGHTS AND SERVICES
COMMISSION AND AMENDING ORDINANCE NO. 111 AS AMENDED.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Section 4 of Ordinance No. 111 is hereby amended by adding
thereto the following:
17. To assist all supervised residential programs or social
rehabilitation programs and perform all functions that
might be performed by a Community Based Services Board.
Section 2. 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 21st day of March, 1978 and finally read and adopted and
ordered published at a regular meeting of the City Council of said City on
the day of , 1978.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Published in the Eden Prairie News on the day of , 1978.
, (
LLL!p. LILY/IV -
EdenEate Townhouse Dcv. •
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 77-37
THE CITY COUNCIL GF 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 m;nutes 45 seconds East a
distance of 73.24 feet; thence South 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 Bellhurst Addition; and
Par 2: The Northwest Quarter of the Southeast Quarter; Section
6, Township 116, Range 22 according to the government Survey thereof.
•
Par 3: ThPt. 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 ED11,1 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
day of , 1978.
ATTEST:
Wolfgang Fenzel, Mayor
John D. Franc, City Clerk
Published in the Eden Prairie News on the day of , 1978.
F;1 4211
•
REZONING AGREEMENT
This agreement made and entered into in triplicate this day of
, 1978, by and between the EOEN 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 EOEN PRAIRIE, a municipal corporation, hereinafter referred to as "City,"
WITNESSETH:
WHEREAS, Owner has requested the City to change the zoning from Rural
to RM 6.5 for development of 37.87 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 agrees to develop the aforementioned property in consideration
of the City's changing of the zoning, and Owner further agrees that as a part
of said consideration it will lay out, and develop 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 zoning
from Rural to RN 6.5, the Owner agrees to construction on said property in
accordance with the planning, architectural, engineering and landscaping re-
quirements of all lawful City Ordinances and will submit development stage
rezoning plans to the City subject to the following conditions:
1. That 37.87 acres described in Exhibit A be developed into 176 town-
house units per the revised 176 unit plan dated Revised 2/6/78 attached
• hereto as Exhibit B.
2. That the Owner shall dedicate and convey to the City 80.30 acres in
accordance with Exhibit C.
3. That the Owner shall provide to the City an easement over 2.8 acres
of land along Purgatory Creek in accordance with Exhibit C, and the
Owner shall provide to the City an easement over .47 acres of land
to the City's proposed playground facility to the north of the Edengate
Project site as such easement is shown in Exhibit C.
530
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4. That the Owner .hall provide a right-of-way, 100 feet
in width across the Owner's property in accordance
with Exhibit C from the south boundary thereof to the
north boundary thereof as outlined by the City
Engineer Carl Jullie, in his February 3, 1978, memorandum
to the Mayor and members of the City Council (hereinafter
referred to as "the Memo of February 3, 1978") , attached
hereto as Exhibit D. The Owner shall agree to and
accept the special assessment as outlined in said Memo
of February 3, 1978, subject to the qualification that
said special assessment of $190,000, shall be subject
to an increase up to $7,500 in the event and to the
extent that the cost of acquiring a right-of-way from
Duck Lake Trail to the southerly boundary of the
Edengate site exceeds the estimated maximum allocated
amount of $12,500. The Owner agrees that a pedestrian
trail may be constructed by the City on the westerly
side of Dell Road within the 100 feet of right-of-way
provided by Owner for Dell Road, and Owner agrees
to accept a special assessment for the construction
of said trail in the amount of $10,000. The City
agrees that with the payment of these special assess-
ments the Edengate Development area shown on Exhibit C
shall have fulfilled its assessment obligations for
construction and establishing of Dell Road and the
trailway located in the right-of-way thereof. No
additional assessment will be for the construction
of additional lanes to Dell Road to bring it to a
four-lane highway. All special assessments,
including Dell Road, and currently levied trunk
sewer and water assessments, on the 118.17 acre
Edengate site as shown on Exhibit C shall be spread
equally over the 176 platted lots, and paid only
on a per unit basis at time of final closing of
the sale of each unit; provided, however, amounts
paid towards the assessments hereunder shall be
at least equal to the normal amortized annual pay-
ment of principal and interest of such assessments.
The parties agree that the above-described special
assessment for the construction of Dell Road and
the trailway shall be spread over a five-year period.
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.
6. That all townhouse units constructed on said project will be of varied
earth tone colors in wood product siding with coordinating roof shingles sub-
ject to the reasonable approval by the City Manager or his designee.
7. That a grading plan be submitted for staff review and approval showing
minimum floor elevations for each lot before final plat approval.
•
—2— 531
8. That erosion control measures be taken during the construction to
prevent soil loss, including establishment of ground water cover
following or during construction as required by the appropriate Water-
shed District permits.
9. That the Owner arees to contribute approximately 40,000 yards of borrow
material for the construction of Dell Road in accordance with the Memo
of February 3, 1978, and the City shall, at its own expense, remove
approximately 40,000 yards of fill from the Edengate site for the
construction of Dell Road. The City shall follow the Crmer's approved
grading plan in removing said fill and stake the site as necessary.
The City agrees to indemnify the Owner, and hold the Cwner harmless
from any mechanic's liens which may be claimed or filed against the
Edengate site arising out of the City's removal of fill from the site.
The City agrees that the removal of fill for the southerly portion
of the Parkway shall, as much as reasonably possible, be concentrated
in the area of the Edengate project's first phase area. It is anticipated
that the City may begin removal of borrow material from the Edengate
site by approximately August 1, 1978, hut such removal shall not •
begin without the prior written consent of the Owner.
•
10. That grading shall occur in a sensitive :Wanner conserving vegetation,
top soil, and natural land forms wherever reasonable following the
approved grading plan.
11. The project shall be phased over a four-year period beginning
with March 21, 1978, which is the anticipated date of the
approval of this Rezoning Agreement. The Owner shall have
the right to obtain a total of 176 occupancy permits for
completed units, which right shall begin t4arch 21, 1978, and
shall accrue to the Owner at the rate of four permits per
month, plus an additional two permits at the end of each
12-month period after March 21, 1978, for a total of 50
occupancy permits accruing per 12-month period. The Owner
may accumulate or aggregate from month to month and year to
year this right to obtain occupancy permits so that those not
obtained in prior months or years may be obtained in later •
•
months or years as units are completed, in addition to the
permits accruing during such later month or year.
12. That the Edengate project is subject to a cash park fee of 5100 per
unit. That the cash park fee shall be collected on a per unit basis
at the time that building permits are acquired for the construction
of the units. That the Edengate Project shall not be subject to any
additional cash park fee.
13. That detailed plans for landscaping, screening and lighting for the
entire project be submitted to the City staff for their approval before
the building permits for the first phase of construction are issued.
14. That additional rear yard land be conveyed to adjacent single family
lot owners along Tartan Curve as proposed by the Owner and if desired
by the Owners of the single family lots in accordance with Exhibit C.
15. That at least 70 additional guest parking spaces be provided within
the Edengate Project. •
—3— B
16. That unless the Homeowners Agreement restricts the outside parking
of recreational vehicles, a properly screened recreational vehicle
parking area be provided for 15 vehicles.
17. That detailed grading and utility plans for the Edengate Project be
approved by the Purgatory-Riley Watershed District prior to any site
grading.
- - 18. That construction of one or more dwelling units on the Edengate Project
begin within 18 months of approval of this rezoning agreement and
ordinance or zoning on the property will revert back to rural zoning
with concept use of the property for single family detached residential
dwellings.
19. That the Owner construct and furnish common area amenities within each
construction phase as unit construction proceeds with all common area
facilities for the first three phases completed by the time of issuing
the final phase building permits. That the City staff approval for
the plans for such amenities be given prior to construction thereof.
That the amenities shall consist of one outdoor pool, two tennis courts,
four play areas and picnic areas.
20. That Owner assumes the cost of necessary street lighting within
the Edengate Project.
•
21. That the Memo of February 3, 1978, 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 certification of completion and
compliance with specifications shall also be delivered to the
City Engineer. The developer also agrees to pay all fees for
City Engineering and administrative services consistent with current
City requirements, which are 530.00 per unit.
22. That the Owner construct all townhouses in substantial com-
pliance with the preliminary plans, unit type and elevations.
23. That the Owner comply with all lawful requirements of the Pollution
Control Agency.
24. The Owner hereby warrants and represents to the City as inducement
to the City's entering into this Agreement that Owner's interest in
the subdivision is as vendee under a purchase agreement. 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. Purchase agreement, vendors, mortgagees,
and 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.
' 3
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25. No occupancy of the units in the Edengate Project shall be permitted
until an occupancy permit for the unit has been issued by the City
Building Department.
26. The Owner agrees to create a homeowners association acceptable to
the City which will be responsible for the ownership and maintenance:
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
repair, replacement when necessary, snow removal, grass cutting, weed
control, cleanup of trash and debris, mosquito control, odor control,
drainage ways, silt 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 reasonable corrective action to protect the health,
safety and welfare of the public and to assess against said Home-
owner's Association and/or the land in the subdivision for all
reasonable costs incurred therefor. Such corrective action shall not
change the status of a private improvement.
27. Unless otherwise provided herein, the Owner agrees to pay all City
fees required per the current City fee schedule. It is understood
that the City Engineering and administrative service fees as mentioned
in paragraph 21 are $30.00 per unit.
28. That the City agrees that the Owner may construct an emergency vehicle
access at Harrogate Drive, in the event that the. Edengate north access
' to Dell Road is not completed within a reasonable time, or if the
FHA or any lender requires it. This access, if constructed, shall
be covered with grass to minimize its visibility.
29. After approval of this Agreement by the City Council,
the City shall proceed with all reasonable speed to
implement a public improvement project pursuant to
Minnesota Statutes, Chapter 492 for the construction
of Dell Road from Duck Lake Trail to the north line
of the Edengate project. The City shall make every
reasonable.effort to complete that portion of-Dell Road
from Duck Lake Trail to the southerly entrance of the
Edengate project at the earliest reasonable time.
The City shall instruct its contractor for Dell Road
to cooperate with the developer to provide access to
the Owner for construction traffic to the Edengate
project at the earliest time reasonably possible. In
the event that the Owner gives its written consent to
the City to begin removal of borrow material from the
Edengate site before August 1, 1978, as provided in
paragraph 9 hereof, the City agrees, subject to strike,
acts of God, or any other causes beyond the City's
control, to provide (1) public access over the portion
of Dell Road from Duck Lake Trail to the Edengate project's
southerly entrance by January 1, 1979, and (2) access for
the Owner to move its construction equipment and materials
to and from the Edengate site over the Dell Road right-of-
way from Duck Lake Trail to the Edengate site's southerly
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boundary by October 1, 1978. It is specifically under-
stood that the City is not required to have the bituminous
surface for the Dell Road in place by January 1, 1978,
• but merely a finished graded road for public ingress and
. egress to the Edengate site by that date.
30. Upon approval of this Agreement, the City shall notify
the owners of the right-of-way to be acquired for Dell
Road from Duck Lake Trail to the southerly boundary of
the Edengate site in accordance with the quick take
section of the Minn. Stats. S117.042 of the City's intent
to take possession of said right-of-way within 90 to 120
days after the serving of said notice.
FURTHER City and property Owners agree:
1. That the Owner will ccmply with all lawful 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 sub-
sequent 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 commence initial construction 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 •
Rural zoning.
IN WITNESS WHEREOF, the parties to this Agreement have caused their presents to !:
be executed the day and year aforesaid. 1
•• CITY OF EDEN PRAIRIE, a municipal
• . corporation of the State of Minnesota
•
By s'
Wolfgang Penzel, Its Mayor
• •
Roger Ulstad, Its Manager
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535
EDEN PRAIRIE'TOWNHOUSE COMPANY, a
co-partnership consisting of Gerald B.
Pautz and Pautz-Franklin Realty Co.,
a Minnesota corporation
By j'Ae"<.c1" /`
•
Gerald B. Pautz •
Pautz-Franklin Realty Co., a
Minnesota corporation
By �l.�fiAel/.
Its i/.2erLth.„1/J
• 1
-7- 53G
•
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4858
Eden Prairie Townhouses
Parcel "A"
That part of the Northeast Quarter of the Southwest Quarter of Section 6,
Township 116 North, Range 22 West of the Fifth Principal Meridian which lies
West of the following described line:
Commencing at the Northeast corner of said Northeast Quarter of the
Southwest Quarter; thence on an assumed bearing of South 89 degrees,
26 minutes, 08 seconds West along the North line of said Northeast
Quarter of the Southwest Quarter a distance of 195.00 feet to the
actual point of beginning of the line to be hereinafter described;
thence South 13 degrees, 20 minutes, 07 seconds East a distance of
911.33 feet; thence Southerly and Southwesterly a distance of 749.56
feet along a tangential curve, concave to the Northwest, the central
angle of which is 70 degrees, 13 minutes, 07 seconds and the radius of
which is 611.62 feet and there terminating.
Except that part thereof embraced in the plat of Lochanburn, according to the plat
thereof on file and of record in the office of the County Recorder in and for -
Hennepin County, Minnesota. Also except that part of said Northeast Quarter of
the Southwest Quarter described as follows: Commencing at the Northeast 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 I; thence North along the East line of said Lot 1 to the Northeast
corner thereof.
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EXHIBIT A
Page 1 of 3 •
631
Eden Prairie Townhouses
Parcel "B"
•
That part of the Northwest Quarter of the Southeast Quarter of Section 6,
Township 116 North, Range 22 West of the Fifth Principal Meridian which lies
West of the following described line: •
Commencing at the Northeast corner of the Northeast Quarter of the
Southwest Quarter of said Section 6; thence on an assumed bearing of South
89 degrees, 26 minutes, 08 seconds West along the North line of said
Northeast Quarter of the Southwest Quarter a distance of 195.00 feet •
to the actual point of beginning of the line to be hereinafter described;
thence South 13 degrees, 20 minutes, 07 seconds East a distance of 911.33
feet; thence Southerly and Southwesterly a distance of 749.56 feet along
a tange;itial curve, concave to the Northwest, the central angle of which is
70 degrees, 13 minutes, 07 seconds and the radius of which is 611.62 feet
and there terminating.
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EXHIBIT A
Page 2 of 3
•
53?
4858
Eden Prairie Townhouses
Parcel "C"
That part of the South half of the Southwest Quarter of Section 6, Township 116
North, Range 22 West of the Fifth Principal Meridian which lies East of a line
drawn from a point on the South line of the North half of the Northwest Quarter •
of Section 7, Township 116 North, Range 22 West of the Fifth Principal Meridian,
distant 1268.00 feet East of the Southwest corner of said North half of the
Northwest Quarter to a point on the North line of said South half of the Southwest
Quarter distant 1273.60 feet East from the Northwest corner of said South half of
the Southwest Quarter and there terminating, and North of the following described
line:
Commencing at the Northeast corner of the Northeast Quarter of the
Southwest Quarter of said Section 6; thence on an assumed bearing of
South 89 degrees, 26 minutes, 08 seconds West along the North line of
said Northeast Quarter of the Southwest Quarter a distance of 195.00
feet to the actual point of beginning of the line to be hereinafter
described; thence South 13 degrees, 20 minutes, 07 seconds East a
distance of 911.33 feet; thence Southerly and Southwesterly a distance
of 749.56 feet along a tangential curve, concave to the Northwest, the
central angle of which is 70 degrees, 13 minutes, 07 seconds and the
radius of which is 611.62 feet; thence South 56 degrees, 53 minutes,
00 seconds West, tangent to the last described curve, a distance of
202.00 feet; thence North 33 degrees, 07 minutes, 00 seconds West a
distance of 5.00 feet; thence North 13 degrees, 40 minutes, 00 seconds
West a distance of 19.95 feet; thence North 50 degrees, 04 minutes,
00 seconds West a distance of 317.00 feet; thence North 85 degrees,
49 minutes, 00 seconds West a distance of 54.00 feet; thence North
46 degrees, 08 minutes, 00 seconds West a distance of 58.00 feet; thence
South 84 degrees, 44 minutes, 51 seconds West a distance of 151.59 feet;
thence North 82 degrees, 50 minutes, 03 seconds West a distance of 55.95
feet; thence South 37 degrees, 38 minutes, 10 seconds West a distance of
137.73 feet, more or less, to the centerline of Duck Lake Trail as now
laid` out and traveled; thence Northwesterly along said centerline to
the North line of said South half of the Southwest Quarter of Section 6
and there terminating.
Subject to Duck Lake Trail.
EXHIBIT A
- Page 3 of 3 •
539 •
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 Ouck Lake Trail through the Edengate project, as prepared by
Mr. Frank Berg from Consulting Engineers Oiversified, Inc. The estimated
cost for common fill, subgrade corrections, creek crossing culverts, ag-
gregate base and a 28' wide bituminous surface from Ouck 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 $35,000, 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 Oell Road alignment
•
within the Edengate project is 3,760 feet. Using an assessment rate of
$28.00 per foot, this assessment cost would be S105,280, assuming the road
were located in typically good soil conditions.
We believe that a reasonable settlement of the 0ell 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 0ell Road from Ouck Lake Trail to
the north line of Edengate at an estimated cost of S264,000.
Borrow material from the Edengate project shall be made avail-
able to the City.
2. The requirement for a temporary access to Ouck Lake Road will
be deleted, but the developer must make some provision far
emergency access to Harrogate Orive.
3. The developer shall agree in the Rezoning Agreement to accept
• an assessment of $190,000 over a 5 year period.
EXHIBIT D
5�t(
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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.
CJJ:kh
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• CITY OF EDEN PRAIRIE
• HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-22
A RESOLUTION ESTABLISHING POLICY FOR CASH PARK FEES
WHEREAS, the Planned Unit Developments of Preserve, Edenvale, and
Hidden Ponds in connection with the original planned unit developments
made substantial contributions of land and amenities to the City of Eden
Prairie,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Eden Prairie:
1.
1. The lands and facilities conveyed in connection with the
original planned unit developments of the Preserve, Edenvale,
and Bidden Ponds comply fully with the park fee requirements
of the City of Eden Prairie and no additional cash fee payment
will be required in connection with the original planned unit
developments. All future developments proposed by the Preserve,
Edenvale and Hidden Ponds outside of the original PUD will be
subject to the ordinance of the City of Eden Prairie as to
cash park fees.
ADOPTED by the Eden Prairie City Council on the day of March, 1978. 1
Wolfgang H. Penzel, Mayor
•
:d
ATTEST: .t,
John D. Frane, Clerk SEAL
5u,2
MEMORANDUM
TO: Mayor and City Council •
THRU: • Roger K. Ulstad, City Manager
FROM: Bob Lambert, Director of Community Services r41.
SUBJECT: CASH PARK FEE
DATE: March 17, 1978
In December 1977 the Council directed staff to resolve the questions's on
the 45 acre scenic easement line along Anderson Lakes, and the Edenvale
•
Park dedication.
PRESERVE - ANDERSON LAKES
Staff has met with William Bale and Lee Johnson of the Preserve on a number
of occasions. After many hours of discussion on past commitments, the
•
Blacklock line, etc, the staff has arrived at a scenic easement line that is
agreeable to the Parks, Recreation and Natural Resources Commission and the
Preserve. The line follows very close to the proposed line drawn by Chris
Enger in 1975, and proposed by Les Blacklock in his "Best of Two Worlds"
•
evaluation of Anderson Lakes. Our proposed line would include an additional
52 acres beyond the "840 plus 50" line. The Preserve had agreed to 45 acres
beyond the "D40 plus 50" line. After a great deal of discussion the Preserve
is willing to agree to our proposed line. •
The map shows the• "840 plus 50" area in red, and the scenic easement area
in green. In accordance with the original PUD the "840 plus 50" portion
equalling 13+ acres will be deeded in fee to the City as parkland, and
•
the 52+ acres shown in green will be scenic easement.
•
•
It should also be noted that a sedimentation pond shown in the scenic ease-
ment will be dredged out to hold approximately 3/4 of an acre of open water
surrounded by marsh area. The Preserve will have the right to enter the
easement to dredge the pond subsequent to construction.
Buildings can be constructed up to the scenic easement line subject to State
and City setback requirements on natural environment lakes (150 feet from
the ordinary high water mark).
•
Staff recommends the Commission approve the proposed scenic easement line
•
with the provision that an appropriate barrier, approved by the City Staff,
be designed into each development along the line. The purpose of the barrier
is to prevent encroachment of people and domestic animals on the scenic ease-
ment area. The type of barrier should be designed in direct relationship
to the intensity of the proposed land use. For example, a residential area
•
would require a five foot fence similar to the existing fence, dense shrubbery
or even the building itself could be an appropriate barrier in an office
building area.
EDENVALE
Staff has reviewed Edenvaie's park commitments and agree that Edenvale has lived
up to their commitments approved in the original PUD.
-2-
Edenvale has given us the deeds to the various proposed park areas and will sign
those deeds when they receive a letter from the Council that guarntees they will
not be requesting any additional park dedication or CASH PARK FEE. Staff
agrees that "a deals a deal" and that we should not be requesting any additional
land or money at this stage of the game.
William Bale, from the Preserve, and Don Peterson, from Edenvale, will be in
attendance to answer any questions the Council may have on these items.
Bland
•
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5011
•
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MEMORANDUM
TO: Mayor and City Council
THRU: Roger K. Ulstad, City Manager
FROM: Marty Jessen, Director of Community Services, •
•
SUBJECT: CASH PARK FEE/Parkland Dedication Policies
DATE: September 30, 1977
At the_Parks, Recreation and Natural Resources Commission meeting of Monday,
September 19 the Commission discussed further the matter of parkland ded-
ication/CASH PARK FEE Policies. At that meeting they spoke to three points
raised by the Council at their discussion of August 2 as indicated on the
• attached memo dated'September 15th. Attached is a copy of the minutes of
Monday, September 19 indicating the result of the discussion as follows:
1. CASH PARK FEE revenue should not be used for the construction of
trails along roadways within developments, but that construction
of trails in neighborhoods should be the responsibility of the
developer.
2. The City should not assess the CASH PARK FEE in the Preserve,
Edenvale and Hidden Ponds, providing these developers live up
fully to their open space commitments.
3. That the policies for the expenditure of the CASH PARK FEE be as
stated on the memo of July 15, 1977.
Attached is a copy of the July 15, 1977 memo with the policies suggested.
it
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SUS
Cr MEMORANDUM
TO: Parks, Recreation and Natural Resources Commission
FROM: Marty Jessen, Director of Community Services
SUBJECT: Land Dedication Requirements/CASH PARK FEE Policies
DATE: September 15, 1977
On July 18, 1977 the Commission adopted for recommendation to the Council
policies for application and priorities for the CASH PARK FEE. On August
2nd Mr. Garens and I discussed these with the City Council. The attached
minutes reflect this discussion. As you can see, major points raised were:
. What about trails
. Should the Preserve and Edenvale be required to pay the CASH PARK FEE?
. The priority for expenditures (Should the revenue be used only in the
"service area" or be used first for acquisition regardless of area,
etc.?)
My comments are as follows:
0 1. Trails - are being installed by developers along other than residential streets
(i.e. along collector or major route...',. The City could use some of the
revenue from the CASH PARK FEE for other trail construction.(along the creeks, e:
2. The Preserve and Edenvale - When the City was considering the establishment
of the CASH PARK FEE we on staff suggested that the Preserve, Edenvale and
Hidden Ponds he exempt from payment of the "Fee". The reason for our suggestion
was that these 3 developments, while staged, had satified the City requirements
for open space at the time at which they'd received concept approval. While
a subsequent analysis (see attached) of their public open space dedication
indicated that the CASH PARK FEE would have yielded greater value to the City
than the dedication - we felt that a "deal" had been cut and thus the City
should stand by it.
3. Priority - I've previously indicated my priorities as represented by the July
15th memo.
SUMMARY '
It is imperative that the City reach a conclusion on these points soon. The
development of the Edenvale Neighborhood Park may not he accomplished this fall
unless the question of applying the CASH PARK FEE is resolved soon. ..
Attached
. July 15th memo
0 .. August 2 Council Minutes
. Neighborhood Facilities Map - 1974
. Analysis of Large Scale 1'UD Open Space Dedication
r(/!
FIRST DRAFT
MEMORANDUM
TO: Parks, Recreation and Natural Resources Commission
FROM: Marty Jessen, Director of Community Service sJ. .
SUBJECT: CASH PARK FEE POLICIES: FEE APPLICATION, PRIORITIES FOR
EXPENDITURES, ETC.
DATE: July 15,1977
In an attempt to resolve conflicts and misunderstanding concerning the CASH
PARK FEE, the following policies are suggested:
1. The classification system for the City Parks identifies various levels
•
of park service (see exhibit A). The CASH PARK FEE revenues are intended
to be used for those facilities at the NEIGHBORHOOD PLAYGROUND level.
2. The Neighborhood Facilities Study of 1974 (see exhibit B) identifies
park sites of neighborhood significance. These sites shall be the
basis for identification of expenditure items from CASH PARK FEE
revenues.
3. Ordinance #332 the "park dedication ordinance" gives the City the right
to levy a requirement for parkland dedication or cash in lieu of land.
The right to determine which shall be required - land or cash - rests
with the City so as to insure the orderly completion of the City's Park
System.
4. When reviewing development proposals the City shall insure that all neighborhood
playground sites identified for inclusion in the Park System will be acquired ,
utilizing Ord. d 332. The City will credit the developer for land dedication
only when the area to be dedicated is specifically identified as a
neighborhood park site in the Park System Plan. In all other cases the
City will require payment of the CASH PARK FEE.
• 5. The proceeds (revenues) from the CASH PARK FEE shall be expended based on
'the following priorities:
a. Acquire neighborhood park sites in service area.
b. Acquire neighborhood park sites in other service areas. I
c. Develop neighborhood park site in service area.
d. Acquire and/or develop community park areas and facilities.
• /,tt 1
CASH PARK FEE POLICIES -2-
6. The City also requires the development of trails along collector
roadways for safe biking and hiking. These will be put in by the
developer at his sole expense - one side of the street only (to be
selected by the City).
7. The City may also require the setting aside of open space for other
than neighborhood playgrounds. This shall be done by: purchase
(using other than CASH PARK FEE revenues) density trade-off, or based
on regulatory authority granted under the Floodplain Ordinance (No.276
or other appropriate ordinance and/or statute.
8. Mini-parkland and development should be required only in "multiple
zoned" areas and then at sole expense of developer.
}
V
. M 'CTl CtLITAId PICRLMlDtf OI'tN•SPACS BY1tM • " ;t
-stdPD/:I R'T 1
• USE i BCPclCC APIA / 517I 1 Slit ATTRIOtf tS r SITS LOU.T!.•
•
•tilt!-1'ARK tt Specialised tacit;vies first save • _ •[ 1
' •eoncenba/sd Of limited sop- •
oletion or•paellic group such•• - .•
. tots Of Senior C:ti:nns:may be In •
..
• locations such es epfruhent
complexes,town-souse develop-
.
• , Monts or oumnoictal Lusters. • .. .• .- '
1SIGY0O211ODD Ares for Intense recrrarlonel 1/4 to 1/2 miles 10-25 Phy.tegrnyhy suited Peosimity toe;
y Aitt PlAYCROUND ectlsttlrs such art field tenure. radius to serve •ores for Intense develop- mentery echo
court gums.,crafts,e.+puatus a populetian of • meat
area.skating,neighborhood 4.003 to 5,000 •
• Centers Inolghhethnodl '
=-OMMUMTY.' - • Area for tnree,r recreational 3-5 nelvt.t.!hoods 25-SO Phy.logeaphy gulled Proximity lox.1
YlAytiiLD Iecflttles such en: athletic Icornmunitysf scree for Intense dove/op. school end aft.'
. fields end ewtnmir.g i.coln meat • . public fecllH1r
• could include netghtcrhood •
uses
f301d14 UNITY .Ares of natural or ornemenlel 3-5 neighborhoods 25-SO Affords natural features Proximity Io c:•
PARK quoLty ler outdoor rcarnrton roommunity) acres with varied phi•3ogra- nity leclltites:
such so:wallany,viewing. phlc Interest WIMP,eesourct
sitting,plcrlcldn0 could have • avattabie
• some Led and court games
•
:Alrct RtCRU.TION AMA of natural or ornamental • 3-S communities. 100. Complete natural setting Where natural e 1
PARK quality for nriu:e oriented acres contiguous to water source actor.
outdoor recreation such as: bodice or water Sauna! pertteularly ores 1'
' - picrriching,Mating,plcfang. . • •whore possible I.
. ,swimming.Skiing,hiking 6 • T�• i'
csmping - - $ '.I• '.
f:.At RESERVE Area of natural guailry for County 1000. Diversity of unique re- Where trsource
nature oriented outdoor Multi-county acres suf- Amerces,le..topography, occurs '._,
. toCIP6110n such en: slew fielen! ' Imes,streams,marshes,
• pad studying nearer,wildlife . %Tee•to •' flora.fauna. F
habitat,t. rvaitun,cam- encompass • i y,
place picnicking,hiking 6 • 1M resource ,
dishing amrisier:d .
• .for preset-
501105
:-1iTAR t:.11I: Area developed Inn one Or - -Sufficient Ullltre.1nnsade A yor Where linear re• :
Trills,parkways) more varying nears of re- width to natural linear resource. source occurs
emotional travel such es: provide such as: utility corn!- Lint co-canal:
hiking,biking,snue-mu- maximum dors,rights of wey, recrranon syste
• bLtng.RerseLnck tiding, protection draineeeways.brat! • Lint other come
• erosscountry skiing,cats- Cr!MUM.. lines,vegetetlon pal- facilities such r
• • '—'• ' cretin 6 driving 6 maximum terns and roads - schools,library
use comma.cial eras
-Sufficient f
- length to
• .cco.rpiuh ct
• purpose
msTORIC• Area which preserves,minter. —_ • Sullicien! -Historically slgnt11- -Where resource E-
TAU . .end Interprets buildings,slues area teen- cant-represent the occurs
OH ohiccts of historical and etch- Compass broad cultural.poll- -Where event
toinOltai slgnihcanvO • '•' 'feeliey or tint.*concrete occurred
• •Innate• military err racial .
history:sasect.ied
• r with historical flg••• '
ate:atthitectunal
• Specimen:major
• ercheolagtrsl sit*
•• . • -Large annual,to •
protect all s lentil-
cant letourcee
!,rf Cial.lfbi Area irrvidmc;pertatt:rd or Specific Apprapnfatn 1.1• SSW when.need.- .1
TARK •Ingle purr.".m crest err.) elatrdsnl particular special _ and epfroprtae .i
•,tiyfuet such ar: golf course.. S• rplttable user •
native ernirts, curl,.,.,sees. todr.bed • '1
. ' ' moires,nrlrprrlum, vs.
• woes,gem OOPS . • •
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••• •• • VILLAGE OF EDZN1 Ili:Alt.;i 1.•
• •
•
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- is
i
/f IV=ICKEOFRI-HCOD PARKS/ * MAGI or EDEN PRAIRIES
Pi-l-`>.'GRcUNOS FR0;OEM LOCATIONS -` ,
•
t -- ".
9 551 '
I
•
A. Maple Leaf Acres, 3rd Addition by Jar_ip Corporation, request for PHD
Concept approval, rezoning from Rural to R1-13.5 for approximately G2
acres and from Rural to C-Commercial for approxim tely 1.3 aC.res, and
preliminary plat approval for 142 lots (continued)
Council members requested that the proponent give a brief presentation
outlining their proposal.
Dennis Griswold appeared on behalf of the proponent and outlined the
project, noting the revision in the plan from 142 lots to 141 lots.
• Pauly questioned if work has been done toward identifying open space •
in the area to which the cash park fee might apply. Planner Putnam
replied that there was an area in Hidden Ponds, Outlot D, which was
•
identified as a school park or park site at an agreed price of about
$125,000 for approximately 15 acres. This area would tie in with
Outlet li ana the trail that is there. Pauly further asked if there were
any other alternatives. Putnam explained there was a site identified
north of the Lochanburn area.
Pauly questioned if any consideration has been given to the neighbors
petition to buy 3 lots. Putnam replied that the Planning Commission
did not recommend a 3 lot play area, rather a neighborhood park of
sufficient size - 12 to 20 acres, consistent with the Neighborhood
Facilities Study.
Pauly requested more refinement on the particular price by the next
Council meeting and asked that City Engineer Jullie have recommendations
on ho.: th,- road system should be handled.
Osterholt felt the matter of cash park fee versus land dedication should go to ti
Parks, Recreation & Natural Resources Commission. Rusty Irvine, the proponent,
explained that the Commission did not take a look at the cash park fee,
but did endorse the project.
Pauly also requested that the Parks, Recreation & Natural Resources
Conanission take a look at the trail system.
•
Council members requested that this item be referred to the Parks,
Recreation & Natural Resources Commission for their recommendation on
items as outlined above.
IV. REPORTS OF ADVISORY COMMISSIONS
A. Report from the Parks. Recreation & Natural Resources Commission on Cash
Park Fee Policy/Land Dedication Requirements
Director of Community Services Jessen and Commissioner Garens spoke to
memo dated July 15, 1977 regarding Cash Park Fee Policies, and discussion .'
which took place at the Parks, Recreation & Natural Resources Commission
meeting held July 18, 1977. Both Jessen and Garens answered questions of
Council members. •
t
•
•
,ra
City Council Minutes - 3 - Tues.,August 2, 1977'
A. Resort from the Parks Recreation & Natural Resources Commission on Cash
Park Fee Policy/Land Dedication Requirements (Continued)
Pauly questioned why these policies exclude trails, and asked if trails
could be included in item 5 under "d". Jessen agreed with Pauly's request
and further explained that verbage in item 5, d., can include trails, but
he would include specific reference to trails.
Osterholt stated that the policies do not address if The Preserve and Edenvale
.are exempt from paying the cash park fee, and if they are, are they exempt
on plans to be added to the original PUD development. Garens explained
that The Preserve and Edenvale's PUD were both conceptually approved calling •
for part; dedication. Osterholtstated he is not sure they should not be
paying the cash park fee now.
Don Peterson, Edenvale, responded he believes new developments should be
required to pay for the parks. He further stated that if The Preserver
Edenvale, etc., gave park land under a previous commitment at that time,so be
it, however, if a new development comes in they should be required to pay either
the cash park fee or dedicate land for park purposes.
Commissioner Garens stated he would like to take this matter back to the
Parks, Recreation & Natural Resources Commission as the Commission has some
problems with The Preserve which should be resolved.
It was the consensus of the Council that this matter be referred back to the
Parks, Recreation & Natural Resources Commission.
V. PETITIONS. REQUESTS & COMMUNICATIONS
A. RegLest from JohnIomula to build a two-story home in Edenvale's Greens
Addition
MOTION: Dsterholt moved, seconded by Pauly, to grant the request of
John Komula to build a two-story home at 6624 Canterbury Lane, Lot 3 of
•
Edenvale's Greens Addition, and approval of the existing two-story home
at 6648 Canterbury Lane, Lot 4. Motion carried unanimously.
Perbix asked if. the Council would like to consider removing the •
restriction on the remaining 2 lots which have not as yet been built on.
Pauly requested that these two lots be put on the Council Agenda for action
at another time.
VI. ORDINANCES & RESOLUTIONS
A. Resolution No_77-100._settinq Sptember 20, 1977 as the date for the sale
of Ccr•t_tificates of Indebtedness, Fire Bonds and General Obligation Water and
Sewer fonds
•
MOTION: Pauly moved, seconded by Osterhplt, to adopt Resoltion No. 77-100,
setting September 20, 1977 as the date for the sale of Certificates of
Indebtedness, Fire Bonds and General Obligation Water and Sewer Bonds.
Motion carried unanimously.
•
•
553 .
I
LARGE SCALE PUD'S - AN ANALYSIS OF THEIR PARK DEDICATIONS
OPTION I:
•
No FURTHER OBLIGATION. A DEAL'S A DEAL!
. THE CITY MISSED ITS CHANCE WHEN IT HAD IT.
0E1E111:
. PRO RATA SHARE WHICH WOULD MEAN:
1. PRESERVE F. g7 1.50/UNIT PUBLIC
(HAVE PROVIDED 74%) MULT. $52 OO/UNIT LAND
COMM/IND. $31 .00/ACRE ONLY
(ASSUMES COMPLIANCE WITH BLACKLOCK PLAN)
2. DENVALE� S. F. 25/UNIT PUBLIC
HAVE PROVIDED 41%) MULT. $1i .QQ/UNIT PARK
COMM/IND, $708,UU/ACRE VALUE ONLY
3. HIDDEN PONDS S. F. $217,�5/UNIT PUBLIC
(HAVE PROVIDED 21%) MULT. $158, O/UNIT PARK ppp
VALUE ONL
. LEGAL QUESTION
OPTION III: •
. PRO RATA SHARE GIVE CREDIT FOR HOA FACILITIES:
1. PRESERVE (OVER 100%)
2. EDENVALE (79% - 21% CASH FEE ASSESSMENT)
3. HIDDEN PONDS (88% - 12% CASH FEE ASSESSMENT)
. MOST DEVELOPMENTS PROVIDE MINI-PARKS AND TRAILS (LAND AND/OR
IMPROVEMENTS) AS WELL AS THE CASH PARK FEE - ONLY THE PRESERVE
HAS DONE SOMETHING EXTRAORDINARY.
56/4
MiW1ES
FDEN rR11RlE PLANNING C0`g4ISSION
Unapproved
MONDAY, (`LARCH 13, 1978 7:30 PM City Hall
COT )SSION PRESENT: Chairman Sundstrom, Richard Lynch,William Bearman, Matthew
Levitt, Paul Redpath (arrived later)
C0?P.ISSION ABSENT: Liz Retterath
STAFF I'Ri.cENT: Planning Director Chris Enger, Planning Assistant Jean
Johnson, Director of Community Services Bob Lambert
Unapproved
Planning Curaission Minutes -8- March 13, 1978
VIII. PLANNER'S REPORT
A. Preserve Park Commitments
The Planner described and outlined on a large scale map the areas of park/
open space The Preserve committed to in the original 1970 PUD and amendments •
todate. He stated the City is in the process of evaluating Preserve's
Park commitments in relation to present cash park fee requirements.
Mr. Bale, The Preserve, stated the Planner has accurately outlined
agreeable park commitments.
Lynch inquired if the point of land next to W. 78th Street is a usable
piece. The Planner replied the area is anticipated to remain as open
space with no active uses.
Motion
Bearman moved, Redpath seconded, that the open space commitments as outlined •
in the map dated March 13, 1978 (consistent with original PUD) are
acceptable in lieu of cash in lieu of land payment. Motion carried 4:0:1 with
levitt abstaining.
B. Fdurvale Park Commitments
The Planner described and outlined open space commitments by Fdenvale in
their 1970 PUD, (excluding golf course area), see map dated March 13, 1978. •
Redpath stated originally Fdenvale did receive density credit for the
golf course acreage.
Motion
Bearman moved, Redpath seconded, that the open space commitments as
outlined on map,!',arch 13, 1978, (consistent with Fdenva)e's original
PUD)are acceptable in lieu of cash in lieu of land payment. Motion carried
4:0:1 with Levitt abstaining.
IX. ADJOORSMi:NT
Bearman moved, McCulloch seconded to adjourn ai 12:15 am. Motion carried.
Respectfully submitted,
Jean Johnson 11
35141
WIIP/nps, Oct. 20, "77
Crosstown
CITY OF EDEN PRAIRIE •
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 77-34
AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS
FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended
by adding to Section 1 , Township 116, Range 22 as follows:
See Exhibit "A" attached hereto and
made a part hereof;
which property shall be and hereby is removed from Rural and
shall be included hereafter in the I-2 zone.
Section 2. The above-described property shall be subject
to the terms and conditions of that certain Rezoning Agreement
dated , 1977 entered into between JOHN E.
BLOOMBERG and CALLIE M. BIOOMBERG, husband and wife and ARCHIE
N. CARTER and MARIE CARTER, husband and wife, and FRANK R.
CARDARELLE, DEVELOPER, and the CITY OF EDEN PRAIRIE, which agree-
ment is hereby made a part hereof and shall further be subject
to all the ordinances, rules and regulations of the City relating
to such I-2 Park Zcne.
Section 3. This Ordinance becomes effective from and
after its passage and publication.
FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie on the 4th day of October , 1977,
and finally read and adopted, and ordered published at a regular
•
55c
WHP/nps, Oct. 20, "77
Crosstown
meeting of the City Council of said City on the day
of , 197 .
Wolfgang Penzel, Mayor
• ATTEST:
John D. Frane, City Clerk
Published in the Eden Prairie News on the , day
of , 1977.
•
-2-
55&
EXHIBIT A . \
• CROSSTOWN INDUSTRIAL PARK REZONING AGREEMENT
AND ORD mma 77-34
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•
•
REZONING AGREEMENT
THIS AGREEMENT, made and entered into this , day
of , 1977, by and between JOHN E. BLOOMBERG
and CALLIE M. BLOOMBERG, husband and wife and ARCHIE N. CARTER
and MARIE CARTER, husband and wife, hereinafter referred to as
OWNERS, and FRANK R. CARDARELLE, DEVELO?ER, and the CITY OF EDEN
PRAIRIE, a municipal corporation, hereinafter referred to as
"CITY".
WITNESSETH:
WHEREAS, the Owner has requested the City Council of the
City of Eden Prairie to change the zoning of a tract of land
from Rural to I-2 Park for an area consisting of approximately
11.90 acres and which is legally described on Exhibit "A".
WHEREAS, it is believed that the rezoning of said area to
1-2 Park would be in the public's interest, welfare and convenience
of the people of the City of Eden Prairie; and,
WHEREAS, Developer agrees to develop the aforementioned
property in consideration of the City's changing of the zoning,
and De.veloper 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 tir Mayor and the City Council of the City of •
Eden Prairie adopting an ordinance changing the zoning from Rural
to I-2 Park and of the mutual benefits to each of the parties
hereto, the parties, their respective successors and assigns do
•
551
•
hereby covenant and agree as follows: •
• 1. That the requirements of Ordinance No. 135 shall be
adhered to as and for a building on the property.
2. That the development be in accordance with the infor-
mation furnished to the City and identified as appli-
cation material for preliminary plat approval and re-
zoning, dated J04.t 44197$ and prepared by Brauer and ,
Associates, Inc. (See Exhibit B)
3. That the cul de sac as set forth in the preliminary
plat be extended to the northeast corner of the property
to insure future development access of Flying Cloud I�vi
Drive. (See Exhibit C) (7t'
s
5. That the Developer will pay Park Dedication fees as
required by City Ordinances.
6. 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. As-
built .swings with service and valve ties on reproducable
mylar and certification of completion and compliance
with specifications shall also be delivered to the City
Engineer. The Developer also agrees to pay all fees for
City Engineering and administrative services consistent
with current City requirements.
FURTHER CITY MD PROPERTY OWNERS AGREE:
1. That the property owners shall comply with all applicable
rules, regulations, ordinances and laws of the City of
Eden Prairie.
2. That the provisions of this Agreement shall be binding
upon and enforceable against Owner, its successors and
assigns, and upon all subsequent owners, their respective
heirs, successors and assigns of the property herein
described.
3. That an executed cap.; of this Agreement shall be re •
-
corded with the Registrar of 'Decds, Hennepin County,
Minnesota. •
-2-
559
WHP/nps, octobec �•�, lvrr
•
4. That if Owner fails to proceed in accordance with
this Ayrccmnt within eighteen (IVAInonths from the
date hereof, Owner, for themselves, their successors
and assigns agree that they will not oppose the re-
zoning of said property back to its Rural zoning.
IN WITNESS WHEREOF, the parties to this Agreement have
caused their presents to be executed the day and year aforesaid.
7-1 n E. I3loomaerg Callie M. loomberg
Archie N. Carter Marie Carter
•
•
CITY OF EDEN PRAIRIE, a municipal
Frank R.Cardarelle corporation
•
By:�_
Wolfgang Penzel, Mayor
(SEAL)
John D. Frane, City Clerk
•
STATE OF MINNESOTA ) •
•
) SS.
COJNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of 1977, by Wolfgang Penzel, the Mayor
and by Roger Ulrt.ad, the City Manager of the City of Eden Prairie,
a Minnesota municipal corporation on behalf of the corporation.
Notary Public
-3-
5b0 .
CROSSTOWN Ii\iU
g.,h;01 t B
CARDARELLE a ASSOCIATES, INC. 3-11.18
LAND SURVEYORS '
•
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• DENOTES IRON MONUMENT l
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BEARINGS SHOWN ARE ASSUMED J(Q 1n4 1:..1e,mr.d a.1 lAP•/,.,w..Ns..
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3/15/78
Crosstown Ind.Pk 2nd
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA •
ORDINANCE 78-01
AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO.135
Section 1. Appendix A of Ordinance 135 is amended by adding to
Section 1, Township 116, Range 22 as follows:
See attached Exhibit A,
which property shall be and hereby is removed from Rural Zone and shall
be included hereinafter in the Office District and I-2 Park(see Exhibit A)
Section 2. The above described property shall be subject to the terms
and conditions of that certain Rezoning Agreement dated
entered into between Richard Anderson 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 Office
District.
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 3rd day of January, 1978 and finally read and adopted
and ordered published at a regular meeting of the City Council of said City
on the day of , 1978.
•
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk SEAL
•
5(az
•
CROSSTOWN INDUSTRIAL PARK 2ND ADDITION, REZONING AGREEMENT AND ORD. 78-01
AREA TO BE ZONED TO I-2 PARK
That part of the Northeast 1 of Section 1, Township 116, Range 22
described as commencing at the Northeast corner of the Northeast ,, of
Section .); thence on an assumed bearing of South 6°17'.335" East along the
East line of Northeast c of Section I, a distance of 1435.6 foot; thence
South 43°51 '25" West, a distance of 226.9 feet; thence South 58°0'25"
west, a distance of 180.46 feet; thence South 78° 0'25" West, a distance
of 8,.i feet to the actual point of beginning; thence South 78°0'25"
West a distance of 74.5 feet; thence South 88°40'25" West, a distance
of 182.6 feet; thence South 85°35' West, a distance of 110.88 feet;
thence South ?9°12'50" West, a distance of 559. 48 feet to the West line
of the Southeast t of the Northeast z of Section I ; thence North 5°05'23'
West, along said West line, a distance of 281.21 feet to the Northwest
corner of said Southeast 4 of the Northeast 4; thence North 89°26'28" -
West along the South line of tho Northwest 4 of the Northeast 4 of Section
le a distance of 763.78 feet; thence Northeasterly 553.29 feet along a
curved line, concave to the Southeast, having a radius of 1764.85 feet
And a chord bearing of North 51°21 '18" East; thence North 60°59'08" East,
o. distance of 70. 13 feet; thence North 29°00'52" West, a distance of 37
feet; thence North 60°59'08" East, a distance of 415.72 feet; thence •
North I°03'45" West, a distance of 37.36 feet; thence North 60°59'O8"
East, a distance of 299.32 feet; thence Easterly and Southea_terly 348.49
feet along a tangential curve to the right, having a radius of 285 feet;
thence South 48°57' IO" East, a distance of 59.79 feet; thence South 41°
02'50" West, a distance of 55 feat; thence South 48°57' 10" East, a distanc
f ;90.44 feet; thence Southeasterly 269.86 feet along a tangential curve
to the right, having a radius of 8/4..94 feet; thence South 56°34'J5" East,
V. distance of 95.58 feet to an intersection with a line parallel with and
190 feet Westerly of the East lino of the Northeast 4 of Section I; thence
4outh 6°17'35" East, along said parallel line, a distance of 234.3? feet;
thence Southwesterly 182.03 feet along a curved lino, concave to the
Northwest, having a radius of 1382.69 feet and a chord bearing of South
SO°34'16" West; thence South 35°36'07" East on an extension of a lino
radial to last described curve, a distance of 30 feet; thence Southwester:
r00.17 feet along a curved line, concave to the Northwest and having a
adius of 1392.69 feet, to the actual point of beginning. The last
described �0 foot course being radial to said last doscribod curve.
AREA TO BE ZONED OFFICE
That part•of the Northeast Quarter of Section 1, Town-
ship 116, Range 22 lying Southerly of the Southerly right-of-way
of U.S. Highway No. 169, Westerly of the Westerly right-of-way
of County Road No. 18, Northerly of the Northerly line . of Regis-
tered Land Survey No. 1304, and lying Easterly of the following
described line:
Commencing at the Northwest corner of Tract B, Registered
Land Survey No. 1304; thence North 5 degrees 05 minutes 30 seconds
West (assumed bearing) along the Northerly extension of the West •
line of said Tract B, a distance of 281.13 feet; thence North 64
degrees 59 minutes 04 seconds East a distance of 51.96 feet; thence
North 18 degrees 05 minutes 30 seconds West a distance of 530.00
feet more or less to the Southerly right-of-way line of U.S. 563
Highway No. 169.
•
Exhibit A, Crosstown Indus. Pk 2nd Add. page 2 of 2
EXCEPTED FROM OFFICE ZONING
• Commencing at a point in the East line of Section 1, distant 822 feet
South.from the NE corner thereof, thL.ice South 390 feet along said East
line, thence at right ang:"s West 190 feet, thence Nally 325 91/100 feet
an angle of 39 degrees 43 feet to the right, thence NEly at right angles
.. 249 48/100 feet, thence Easterly at an angle of 52 degrees 21 feet to
• the right 281 43/100 feet to beginning, except road.
•
•
•
•
.
ti
•
5t,
3/15/78 Crosstown Industrial
Park 2nd Addition
REZONING AGREEMENT
THIS AGREEMENT, made and entered into this day of 1978,
by and between hereinafter referred to as
"Owner", and the City of Eden Prairie , a municipal corporation , herein-
after referred to as "City",
W1TNESSETH:
WHEREAS, the Owner has requested the City Council of the City of Eden
Prairie to change the zoning of a tract of land legally described in Exhibit
A, which is attached hereto and made a part hereof, and
WHEREAS, it is believed that the rezoning of said area would be in the
public's interest, welfare and convenience of the people of the City of Eden
Prairie, and
WHEREAS, Owner agrees to develop the aforementioned property in consider-
ation of the City changing the zoning from Rural to Office District(41ots) and
1-2 ( 2 lots)as setforth in the preliminary plat dated March , 1978 which is
described as Exhibit B and made a part hereof; and Owner further agrees that
as part of said consideration, it will lay out, develop and maintain said
project as hereinafter setforth.
NOW THEREFORE, this Agreement witnesseth that for and in consideration of
the Mayor and City Council of the City of Eden Prairie passing Ordinance 78-01
changing the zoning from Rural to Office F, 1-2 Pk, and of the mutual benefits
to each of the parties hereto , the parties, their respective successors and
assigns do hereby covenant and agree as follows:
1. That additional grading studies on the lot(s) surrounding
the pond be submitted along with a storm sewer plan prior
to final plat approval.
•
2. That a grading plan for the entire site using 2 foot
contours (existing and proposed) be submitted for staff
review and approval prior to final plat approval.
3. That erosion control be implemented per Nine Mile Watershed
District recommendations .
5G5
Rezoning Agreement-Crosstown Park page 2
4. That the final site plans be_consistent with
the site plans dated Nov. 6, 1977 , which are made a
part hereof and labeled as Exhibit C.
5. That cash in lieu of land dedication be paid prior to
issuance of each building permit.
6. That the City Engineer's reports be complied with and that
all sanitary sewer, watermain and storm sewer facilities,
concrete curb and gutter and bituminious surfacing,wether
to be public or private shall be designed to city standards
by a Registered Professional Civil Engineer and submitted
to the City Engineer for approval. The developer, through
his engineer, shall provide for competent daily inspection
of all street and utility construction both public and
private. Asbuilt drawings with service and valve ties on
reproducable mylar and certification of completion and
compliance with specifications shall also be delivered
to the City Engineer. The developer also agrees to pay
all fees for City Engineering and administrative services
consistent with current city requirements.
7. That if the Owner changes the submitted plan, the plan
reviewed in the Environmental Assessment Worksheet, to
warrant additional environmental review , then the proponent
agrees to submit necessary material and assume the cost of
an additional or amended EAW.
8. That approval of the rezoning from Rural to Office $ I-2 Park
be contingent upon the site plan dated Nov. 6, 1977 and the
preliminary plat dated March , 1978.
9. The Owner hereby warrants and represents to the City as
amendment to the City as adducement to the City's entering
into this Agreement , that Owner's interest in the subdivision
is as vendee under a contract for deed . Prior to the City
approval of this Agreement 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, mortgagees and 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.
FURTHER, CITY AND PROPERTY OWNERS AGREE;
1. That the property Owners shall comply with all applicable
rules, regulations, ordinances and laws of the City of Eden
Prairie.
2. That the provisions of this Agreement shall be binding upon
and enforceable against Owner, its successors and assigns
of the property herein described.
5b�
Rezoning Agreement-Crosstown Park page 3
3. That an executed copy of this Agreement shall be recorded
• with the Register of Deeds, Hennepin County, Minnesota.
4. That if Owner fails to proceed in accordance with this
Agreement within 24 months from the date hereof, Owner
•
for itself , its successors and assigns, agrees that it
will not oppose a rezoning of said property back to its
Rural zoning.
IN WITNESS WHEREOF, the parties to this Agreement have caused these .
present to be executed the day and year aforesaid.
CITY OF EDEN PRAIRIE, a municipal
corporation of the State of Minnesota
BY:
Wolfgang H. Penzel, its Mayor
•
BY: • •
Roger K. Ulstad, its Manager
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1978 by Wolfgang Penzel, the Mayor and by Roger Ulstad, the City
Manager of the City of Eden Prairie, a Minnesota municipal corporation on
behalf of the corporation. ,
Notary Public
•
RICHAPP W. ANDERSON INC, (OWNER)
• BY: 1 ee�.
its 1��
BY:
•
REBECCA QUERNEMOEN
— .U•' NOTARY PUBLIC—MINNESOTA ;
NENNCPIN COUNTY. BY:
•
My Ccmmwsmn E,P t$Dec.10,1982
INNNMM'�'M�µ+�+H
s
Theforegoing instrument was acknowledge before me this ��day of 7 1QI . , 1978
by/i 6it 0.1.d (..(). ita.t bitt.:hc 1/Y t dt de4t1- and
?�j the of 4'�4.e.�t( U(LC�'t ltf iA lrt-�..
h / Notary iublic
•
1 ilL)
.
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EXHIBIT C •
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pmt your =future
Minnesota Arbor Celebration'78
State Arbor Month Office Minnesota Department of Agriculture
426 State Office Building St.Paul,Minnesota 55155 Telephone 612 296-2856
February 24, 1978
Dear Mayor:
"Plant Your Future" is the slogan selected for Arbor Celebration '78, to be sponsored this
May by the Minnesota Department of Agriculture in cooperation with the Governor's Office.
The month will kick-off on Arbor Day, April 28, 1978, and will be Minnesota's biggest
effort ever to encourage citizens to plant trees -- in their communities, and In their
yards. The Dutch elm and oak wlit disease problems will make a tree planting effort
especially important in some Minnesota communities this year. However, because of the
valuable aesthetic and environmental benefits we receive from trees, we feel strongly
that all Minnesota communities would benefit from involvement in our Arbor Celebration
'78 effort.
As a mayor of a Minnesota municipality, you are in a position to make our program come
alive where we need action most: at the local level. Here are some steps we are asking
you to take to provide visibility for Arbor Celebration '78 and to help your community
plan a tree planting project:
I. Proclaim Arbor Celebration '78 in your city as the period from Arbor Day, April 28,
1978, through May 31, 1978. We have enclosed a sample proclamation which you may
use or adapt to your needs.
2. Sponsor an Arbor Celebration '78 tree planting ceremony to occur on Arbor Day or •
sometime in the month of May. You may wish to choose a city park, boulevard, or
sane other public area for this ceremony, and to appoint your local tree inspector
or another person to plan it. Here are some suggestions for the program:
***invite school children, senior citizens, and representatives from various
civic and youth organizations to the ceremony.
***Notify focal news media so they may publicize the event before and after •
it occurs.
***Check with a local nursery to see what kind of tree would grow well in your •
region (there are 9 growing regions in Minnesota; not all species of tree •
will thrive in all the regions).
***See if some businesses or civic organization will donate the tree.
***The program on the day of the ceremony might include a short speech by
yourself or other dignitaries; a reading and signing of Arbor Celebration •
'78 proclamation; singing of America the Beautiful; a skit by school •
children; and the planting of the tree. Music by a local band could pre-
cede and follow the program; a community picnic might also follow the pro-
gram.
Mayor
February 24, 1978
Page Two
3. Check with you county's Shade Tree Program Field Representative (see attached
lists) to help you plan a canmunity Arbor Celebration '78 project. These per-
sons are employees of the Minnesota Department of Agriculture and are eager to
help you plan a project. Such projects may range from planting a single tree
in front of the town hall to designating a park or part of a park as a memorial
forest where citizens may plant a tree when a person is born or dies in your
community.
We are also in the process of appointing citizen county coordinators in each Minnesota
county. These persons will also be able to help you in project planning.
In some cases, the Shade Tree Program Field Representative may know of a person in
your cam unity to be a chairperson for the Arbor Celebration '78 planning project.
If not, you may want to appoint that person yourself. Our Shade Tree Program Field
Representatives have Information and suggestions that will help your Arbor Celebration
'78 project planner organize tree planting activities.
Sign a proclamation . sponsor a tree-planting ceremony . . . appoint a person in
your community to head up an Arbor Celebration project. If these three steps are
taken by every mayor in Minnesota the effects will be immediately visible. Hundreds
of communities across the state will became aware of Arbor Celebration '78 and enjoy
the aesthetic and environmental benefits of trees planted -- today and in years to
come.
Please Join us in celebrating and planting trees in Minnesota in 1978. if we can be
of further assistance, please feel free to contact us at 612-296-2856.
Sincerely,
MINNESOTA DEPARTMENT OF AGRICULTURE
P4/13IAA----.. .
C' � Sv
\Bitl Walker • Clare Rossini
Commissioner Arbor Month Coordinator
BW:CR:cc
•
5f)3
(SAMPLE ARBOR CELEBRATION '78 PROCLAMATION)
•
•
A PROCLAMATION:
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING
WHEREAS, our (city/town) 1s proud of the beautiful shade trees which
line our streets and arch over our hones, and
WHEREAS, out (city's/town's) trees have been a gift to us fran those •
whose foresight and concern for the future motivated them to plant shade
trees for our benefit and pleasure, and
WHEREAS, the shade tree diseases such as Dutch Elm Disease and Oak
Wilt Disease (may or do ) threaten many of our (@Ity's/town's) shade
trees with rapid destruction, unless we take immediate action of a vigor-
ous manner to control these natural disasters, and I
WHEREAS, citizens all around the State of Minnesota are uniting to ,
"Plant Their Future" in 1978 and reforest the cities of our state, and
this is a commendable effort that the citizens of this (city/town) would
do well to Join, and
WHEREAS, Arbor Day, April 28, 1978, and Arbor Celebration, May, 1978,
are times that are to appreciate the contributions made by shade trees to
our (city/town) and to undertake a spirited effort to increase their num-
bers in our neighborhoods,
NOW, THEREFORE, I, the MAYOR OF THE :C1TY/TOWN) OF
DO HEREBY PROCLAIM April 28, 1978, as "ARBOR DAY" IN THE (CITY/TOWN) OF
, and DO FURTHER PROCLAIM THE MONTH OF MAY AS "ARBOR
MONTH" AND I CALL UPON THE PUPLIC SPIRITED AND FORESIGHTED CiTIZE.NS OF
OUR CITY TO PLANT TREES NOW FOR THE ENJOYMENT OF US AND FUTURE GENERATIONS.
•
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND
Mayor
(city/town)
•
5' q
E^7,�
' Ir.!' i:il 41L y.
OPPENHEIMER, WOLFF, FOSTER. SHEPARD AND DONNELLY •
ATTORNEYS AT LAW
WILLIAM N. IMH(MNI RM.C.NFL•MJ
W OOS P.O%LPP W WALD 510
WOOD A.IMSTCn 1700 FIRST NATIONAL DANK BLDO_ DANIII R.. D•P15[NNIC
ROMAN.Stu.AND SAINT PAUL.MINNESOTA 55101 RI MMLL J.VI Y.
N'w RICNARD J.MOI.N
•
DAVIS C.DONNILL• TELEPHONE:(912)227-7271 MANS O.ONNO IAD •
wII.NAwo Owu»Au t FLEX'29'7015 ROuiwt P. [.Jw.
•
MILKMAN
TN[mOwa J.MC•IN
LIMN N.o
MMrA•.1I I;uul0AL[ 9008 IDS CENTER 25SOUAREd4M EEUS
L MINNEA/OLIS•MINNESOTA 5S402 1040 BRUSSELS.DELCIUM
JAM[v L.w TELEPHONE 14121 el2.0451 TELQPNONE'SI1-19 9Y 511111 c
TEEM a2238 e7FVIN L.RAIDS
ano TELEX'29-0»e •NADLi•C
•
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114OMA•.W.
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JAMIS F.
APCNACL•LHLNII
/ONN H.w OTC VLi N C.3 ODOU n
I.CRAIDTIWMAw sY
JACK W.�AN Seuus •
I*COURT 1INL D w ENs.V ww
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JAW%O LAND OAR•M.NLL WN
FIDC w.I R,API MARK S.
TNOMAS I u 1:MITCW. M LLwILL”
/PAN w SOTTO• ___ ..
RICHARD M O i
January 5, 1978 COWARD .R
M CWN9Cl
C HARI..M.LLVINDINO 'war I.
TM MIN I[OCTA WAR •
The Honorable Mayor Penzel
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota
Re: Flying Cloud Airport - Zoning Airport Environs (M.S. 360.061 -
• 360.074)
Dear Mayor Penzel:
Operation of Flying Cloud Field, a public airport owned and operated
by the Metropolitan Airports Commission has an impact on development
and use of lands within your city limits and continuing development •
of the Airport with state and federal aid requires zoning of such
lands consistent with the Airport operation.
Since the area to be zoned is within your municipal limits, the input
of your city would be desirable and you may wish to join with the
Commission in the creation of a Joint Airport Zoning Board in accord-
ance with M.S. 360.063, subd. 3, the law governing airport zoning.
Enclosed is a form of Resolution, consistent with recommendations
coming out of the Aeronautics Division of the State Department of
Transportation, for adoption by your city. If the City does not
pass this Resolution within 60 days, then the Metropolitan Airports
Commission may independently zone the area surrounding the Airport
pursuant to M.S. 360.063, subd. 3(3).
We also enclose a copy of the Airports Commission's 'tesolution No. 993 •
initiating the process for airport zoning through a Joint Airport
Zoning Board. We have been directed as Commission counsel to request •
your participation in the Airport Zoning Board to be set up to
•
•
.4 '7 r7 " 1.
OPPENHEIMER, WOLFF. FOSTER.SHEPARD AND DONNELLY
The Honorable Mayor Penzel -2- January 5, 1978
accomplish this zoning. We are sending a like request to the City
of Shakopee located in Dakota County since some part of its lands
may also be subject to zoning under the statute in question.
Very truly yours,
OPPENHEIMER, WOLFF, FOSTER, SHEPARD AND DONNELLY
Gordon Shepard fir/ ✓✓"' "
Commission Counsel
GS:sf
Enclosures
•
• jl
RESOLUTION NO. OF
TILE CITY OF EDEN PRAIRIE
AUTHORIZING PARTICIPATION IN A
.JOINT AIRPORT ZONING BOARD
At a meeting of the City Council of the City of Eden Prairie
on the day of , 197 , Councilman
seconded by Councilman , introduced the following
resolution and moved its adoption.
WHEREAS, the Metropolitan Airports Commission, hereinafter
called the municipality, owns and controls Flying Cloud Field, a
public airport located in Hennepin County; and
WHEREAS, portions of the airport hazard area to such airport
are located within the territorial limits of this City; and
WHEREAS, the above municipality has requested in writing that
this City join with them and with the City of Shakopee, Dakota
County, Minnesota in the creation of a Joint Airport Zoning Board;
and
WHEREAS, this City deems it necessary and expedient to parti-
cipate in such a Joint Airport Zoning Board in cooperation with
the Airports Commission and the City of Shakopee pursuant to Minn.
Stat. 360.063, subd. 3, and other applicable laws1for the purpose
of establishing, administering and enforcing zoning laws for the
areas surrounding the airport and for the protection of the airport
and the public; and
WHEREAS, the above st,itute provides that this City has the
right to appoint two persons to said Board (said persons need
not be members of this Board); and
5�Pr ,
) -tom,-
WHEREAS, subd. 8 of Section 32 of the Appropriations Bill
passed by the Minnesota Legislature effective July 1, 1973, provides
that no moneys shall be expended by the Commissioner of Aeronautics
of the State of Minnesota to improve and maintain an airport unless
the governmental unit owning the airport has or is establishing a
zoning authority for the airport.
NOW, THEREFORE, BE IT RESOLVED by the undersigned City of Eden
Prairie as follows:
1. That there be hereby created in cooperation with the
Metropolitan Airports Commission and the City of Shakopee a Joint
Airport Zoning Board to be composed of representatives of the
undersigned City and representatives of the other two municipalities
pursuant to Minn. Stat. 360.063, subd. 3.
2. That the undersigned City hereby appoints
and to be their representatives on said Board,
said persons to serve for an indefinite term until they resign
or are replaced by the undersigned City.
ROLL CALL
City Councilmen voting aye:
City Councilmen voting nay:
Resolution declared passed:
(Name and Title)
Attest:
I hereby certify that the foregoing resolution is a true and correct
copy of the original resolution passed and now on file in my office
and is recorded in .
32. November 21, 1977
✓!' METROPOLITAN AIRPORTS COMMISSION •
RESOLUTION NO. 993
•
WHEREAS, This Commission owns and controlsflyinpCloud Airport in
Hennepin County, Minnesota; and portions of airport hazard area to
such airport are located within the territorial limits of the
Municipalities of Eden Prairie •
and
WHEREAS, The Commission, for purposes of this Resolution referred
to as "municipality", deems it necessary and expedient to create
a Joint Airport Zoning Board in 'cooperation with the above
ilunicipalities pursuant to Minn. Stat. 360.063, Subd. 3, and other
applicable laws for the purpose-of establishing, administering
and enforcing zoning laws for the areas surrounding the airport
and for the protection of the airport and the public; and
WHEREAS, The above statute provides that this municipality has the
right to appoint two persons to said Board (said persons need not '
be members of this Commission) ; and
WHEREAS, Subd. 8 of Section 32 of the Appropriations Bill passed
by the Minnesota Legislature effective July 1, 1973, provides that
no moneys shall be expended by the Commissioner of Aeronautics of
•
the State of Minnesota to improve and maintain an airport unless
the governmental unit owning the airport has or is establishing. a
zoning authority for the airport.
NOW, THEREFORE, BE IT RESOLVED By the undersigned municipality as
follows:
579 HI-
1. That there be hereby created in cooperation with the above
Municipalities a Joint Airport Zoning Board to be composed of repre-
sentatives of,the undersigned Municipality and representatives of
the above Municipalities pursuant to Minn. Stat. 360.063, Subd. 3.
2. That the undersigned Municipality hereby appoints Commissioners
• McCloskey and Suel to be its
representatives on said Board, said persons to serve for an inde-
finite term until they resign or are replaced by the undersigned
Municipality.
At a meeting of the.Metropolitan Airports Commission, herein called
the Municipality, on November 21 , 1977, this Resolution introduced
and moved by Commissioner Jorgensen and seconded by
Commissioner Kochter • , there being a quorum present and
voting thereon, was adopted on the following vote:
Koehler, McCloskey, Peterson, Suel, Tedesco, Befera
Commissioners voting aye: Cohen, Ferm, Hillmeyer, Holloran, Hozza, Jorgensen,
•
Commissioners voting nay: none
•
Resolution declared passed:
Frank P. Befera, Chairman
Attest:
Secretary
I hereby certify that the foregoing resolution is a true and cor-
rect copy of the original resolution and is now on file in my of-
fice and is recorded in Resolution Book IX.
R. G. Glumack
Executive Director •
Metropolitan Airports Commission
•
•y.
DATE: March 17, 1978
TO: Roger Ulstad, Manager
FROM: Jack Hacking
SUBJECT: Construction bids for new fire stations
This is to advise you that the construction bids that we received last
Tuesday March 14, 1978 came in way above our base line figure.
I will be meeting with the architects this afternoon to go over the
break down of the bids and looking into area's where we can make changes
to bring the construction costs in line with our budget.
I will be able to provide you with more information on Monday as to the
changes that we will be making and the dates that we should ask the
council to set if we are to advertise for bids again. It is my opinion
that wr should make the necessary changes and go out for bid a second
time.
I would like to mention two things and that is that I have talked to
a couple of gentlemen who are in the construction business and they
both said that any contractor that is bidding on our project will add
at least 15% on the top of his bid due to a pending construction workers
strike early this summer. The second item is that we must move along
fairly rapidly as we will have trucks arriving and no place to store them.
If you desire any additional information please feel free to call me at
anytime. .
•
s .
. :
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, I
MEMORANDUM
TO: Mayor and City Council
THRU: Bob Lambert, Director of Community Services
FROM: Stuart A Fox, City Forester SF:
SUBJECT: Public Property Reforestation Trees
DATE: March 17, 1978
The City has received $12,148 franthe State Department of Agriculture for
our public property reforestation program. This dollar amount was based
on the number of diseased trees which were removed from public properties
(i.e. boulevards, parks, and undeveloped City properties) prior to October
1, 1977.
Quotations have been received from 5 nurseries (Arteka Inc., Halla Nursery,
Minnesota Tree, M. T. Wiley Associates, and Minnesota Valley Landscaping),
based on the following list of trees.
• ROUND LAJC PPE.SERVE EDENSALE TOTAL
Suter k.pla 29 25 S 5!
&Tire Ash -- .16 -- 14
Surslt Ash 34 16 7 S7
Marshall Ash 7 6 -- IS
Red.ond Linden 17 12 S 32
Pin oat 22 -- -- 22 ••
•
Strathmore Crab 12 12 S 36
'"oudrift[nb 6 ! • -- /S
Austrian Pine • 16 .. .. IS •
Scotch Pine 6 .- .. 6
Elac1 Hills Spruce 21 .. .. 21
Vll I au .. 16 IR -- _
Total 2ES
'.16$sreroot•306
The intent is to purchase balled and burlap (8 & 8) trees of approximately 2"
caliper. The staff feels that afforestation of our new parks (Preserve, Edenvale.
and Round Lake) would be the appropriate place for these trees.
Examination of the quotes ascertained the following:
Arteka Inc. was the low bidder on 6 varieties of trees.
M. T. Wiley Associates was the low bidder on 5 varities of trees.
The staff recommends that the Council award the following:
Arteka Inc. $5,950.75 •
Fcr the purchase of:
•
57 Summit Ash @ $45.25 each
22 Pine Oak 2 34.00 each
29 Stathmore Crab @ 53.25 each
18 Austrian Pine @ 24.50 each
6 Scotch Pine @ 21.50 each
21 Black Hills Spruce @ 5 N 24.25 each
-2-
• Ni. T. Wiley Associates $6,030.00
For the purchase of:
59 Sugar Maple @ $46.00 each
14 White Ash @ 46.00 each
15 Marshall's Seedless
Ash @ 39.00 each
32 Redmond Linden @ 46.00 each
15 Snowdrift Crab @ 41.00 each
The total dollar amount of this bid award is 511,980.75, which will be covered
in total by the $12,148 received from the State Department of Agriculture.
•
•
•
•
•
n
MEMORANDUM
TO: Mayor and City Council
FROM: Sandy Werts, Recreation Supery idL '^'
THRU: Roger K. Ulstad, City Manag
DATE: March 17, 1978
SUBJECT: Preserve Name the Park Contest
Preserve residents made a request to the Parks, Recreation and Natural Resources
Commission at their November 7, 1977 meeting to have a "Name the Park" contest
through their Homeowners Association newsletter "The Strawberry Jam". The
Commission approved the request. The contest was to be open to all residents
of Eden Prairie. The Preserve Homeowners Association Executive Board was asked
to submit five names chosen from the entries to a subcommittee the Commission
would appoint. The subcommittee would vote on the five entries and submit the final
name to the Council.
The Subcommittee was to consist of a member of the following Boards or Associations
with each naming their own representative:
Parks, Recreation and National Resources Commission Steve Fifield
School Board Geneva Middleton
Preserve Homeowners Association Marybeth Buckman
Former Owner of Land Ralph Nesbitt
Member at Large Mary Upton
The five names submitted to the committee were:
Nesbitt Way Park
Nesbitt Preserve Park
Preserve Nesbitt Park
Nesbitt Acres
Deer Run Park
The final name chosen:
Nesbitt Preserve Park
Submitted by:
Timothy Buckman
10990 Northmark Drive
Eden Prairie, Minnesota 55344
Attached is a copy of the unapproved minutes from the Parks, Recreation and
Natural Resources Commission meeting of March 6, 197B.
•
Minutes - Parks, Rec. and Unapproved
Natural Resources ;,ommiasion
7 - Monday, March 6, 1978
VI.A. 1. Prer seve flam Te P
ha er}: - Fifiold
Fificld spoke to the meeting of the subcommittee to review the entries
submitted by residents to nape the Preserve Neighborhood Park and to
the name selected "1:E5DITT FR:SE L PARK".
•
MOTION* Fifiold roved, seconded by Kruell, that we suggest to the
3ouncil that the Preserve park officially be called Nesbitt Preserve
Park". Motion carried unaniaously.
•
•
March 21, 1978
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-45
RESOLUTION ACCEPTING BID
I.C. 51-3I2 and 316
WHEREAS, pursuant to an advertisement for bids for the following
improvements:
I.C. 51-312 and 51_316, utility and street
improvements for Country Vista and Nygren Estates
Bids were received, opened and tabulated according to law. Those bids re-
ceived are shown on the attached letter of March 15, 1978.
WHEREAS, the City Engineer recommends award of contract to
Richard C. Knutson, Inc. as the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Eden Prairie:
The Mayor and t?anager are hereby authorized and directed to enter into
a contract witn Richard Knutson, Inc. in the name of the City of Eden
Prairie for the improverents aforesaid according to the plans and speci-
fications thereof approved by the Council and on file in the office of
Y.
the City Engineer.
ADOPTED by the City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. frane, Clerk
•
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573
NI EKE:: CAR`tOLL MULLER ASSOCIATES INC
March 15, 1978
Carl Jullie, P.E.
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN. 55343
RE: BIDS ON I.C. 51-312 (COUNTRY VISTA)
AND 51-316 (NYGREN ESTATES)
RCM FILE 771087 AND 711095 .
Dear Mr. Jullie,
Bids on the above projects were taken on Friday, March 10, 1978 ; ;;.. ,;..,.
at 10:00 A.M. The low bid for the total project was submitted I
by Richard Knutson, Inc. in the amount of $173,900.4D.
A sui.sary of the eight bids is tabulated below:
BIDDER 1.C..51-312 I.C. 51-316 TOTAL
Richard Knutson, Inc. 148,211.20 25,689.20 173,900.40
Brown R Cris, 1ric. 162,746.10 27,736.70 196,482.80
Nodlsnd Associates 173,283.50 27,648.50 200,932.00 r
G. L. Contracting 174,625.00 27,881.00 202,506.00
Underground Piping 174,496.25 29,048.50 203,544.75 4
Peter Lawetti 176,383.50 28,510.00 204,893.50 f •
DeLuxe Construction 189,162.50 32,146.00 221,314.50
C. S. McCrossan ' 196,132.50 30,757.00 226,389.50 i
The bids for 1.C. 51-312, Country Vista, inclu,'.•-d breakdowns of
various portions of the project for special consideration. An
alternate bid was taken for installation of bituminous curb in
lieu of concrete curb along 162th Avenue. The difference on Y
the low hid ar,ounts to 52.39 per foot for approximately 1900 feet
of curb, or a,,out S4,540. The difference is further reduced by
the ctt,ount of black top replaced by the concrete curb and gutter.
)�
i
5V)
Carl Jullie, P.E.
March 15, 1978
Page 2
A rough estimate of the reduction is $2,800, resulting in a
final difference of only $1,740. We would suggest that the
concrete curb and gutter is a very good buy at that price.
Separate bids were also taken on the bike path along Duck Lake
Trail and along 168th Avenue. The total bid is $5,373 for this
item.
The low bid for the Country Vista project is less than the
original estimates by approximately $10,000, or about 6% lower
than the estimate.
The other project, Nyyren Estates, is also lower than the
original estimate and each project should realize reduced
assessments.
•
The bids are well within the original estimates and the low
bidder is a reputable contractor. We recommend award of the
project to Richard Knutson, Inc.
Very tr iy yours, •
/ ./7./ ,
r__
David-0. Husby, P.E. '�J •
RIEKE CARROLL MULLER ASSOCIATES, INC. •
DOH:cp
i
. kiLif bki.
590
March 21, 1978
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-46
RESOLUTION RECEIVING FEASIBILITY REPORT AND
CALLING FOR A HEARING (I.C. 51-3I9)
WHEREAS, a report has been given by the City Engineer to the
City Council on March 21, 1978, recommending the following improvements
to wit:
I.C. 51-319, Utility and street improvements in
Norseman Industrial Park 2nd Addition and vicinity.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
1. The Council will consider the aforesaid improvements in •
accordance with the report and the assessment of property
abutting or within said boundaries for all or a portion
of the cost of the improvement pursuant to M.S.A. Sect.
429.011 to 429.111, at an estimated total cost of the im-
provements as shown.
2. A public hearing shall be hels on such proposed in7roveoent
on the 18th day of April, 1978, at 7:30 P.M. at the Eden
Prairie City Hall. The City Clerk shall give published
and mailed notice of such hearing on`he improvements as
required by law.
ADOPTED by the Eden Prairie City Council on
ik
WOLFGANG H. PENZEL, MAYOR
ATTEST: SEAL
John 0. Frene, Clerk
5qj
March 21, 1978
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-49 •
A RESOLUTION APPROVING FINAL PLAT OF
MAPLE LEAF ACRES 5TH ADDITION
WHEREAS, the plat of Maple Leaf Acres 5th Addition has been submitted
in d under
ther atting he den Prairie proceedings ihavee Code
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 ordin-
ances 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 5th Addition is ap-
proved upon compliance with the recommendation of the City Engin-
eer's Report on this plat dated March 15, 1978.
B. Variance is herein granted from City Ordinance No. 93, Sec. 8,
Subd. 1 waiving the six month maximum time elapse between the
approval date of the preliminary plat and filing of the final plat
as described in said Engineer's Report.
C. That the City Clerk is hereby directed-to file a certified copy of
this Resolution in the office of the Register of Deed and/or Regis-
trar of Titles for their use as required by MSA 462.358, Subd. 3.
D. 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.
E. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council upon coin- ,
pliance with the foregoing provisions.
ADOPTED by the City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
592 '
•
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 Jul lie, City Engineer
DATE: March 15, 1978
SUBJECT: Maple Leaf Acres 5th Addition
PROPOSAL: The developer, Jarip Corporation, is requesting Final Plat
Approval of "Maple Leaf Acres 5th Addition." This is a 24 lot single
family residential plat (R1-13.5) located south of Duck Lake Trail and
east of Maple Leaf Acres 2nd and 3rd Additions. The Plat also consists
of four outlots which will be platted into single family lots (R1-13.5)
at a later date.
HISTORY: The Preliminary Plat was approved on September 6, 1977, per Council
Resolution #77-97.
Zoning to R1-13.5 was finally read and approved by the City Council on
November 11, 1977, per Ordinance #77-28.
The Final Plat now submitted for approval conforms with the approved
PReliminary Plat.
VARIANCES: A variance from the minimum lot size requirement of Ordinance
#135 will be necessary. This variance was previously approved in the
Rezoning Agreement dated November 11, 1977. A variance from Ordinance
No. 93, Sec. 8, Subd. 1, waiving the six month maximum time elapse
between the approval date of the preliminary plat and filing of the
final plat will also be necessary. The developer has proceeded with
this project in an orderly and efficient manner and approval of this
variance is recommended.
UTILITIES AND STREETS: Municipal sanitary sewer and watermain, storm sewer,
bituminous streets, concrete curb and gutter, walkways, street signs
and street lighting will be installed in accordance with City specifi-
cations.
PARK DEDICATION: A cash contribution of $275 per lot in conformance with the
requirements of Ordinance #332 will be payable upon issuance of building
permits as specified in the Rezoning Agreement dated November 11, 1977.
- 2 -
BONDING: A performance bond or letter of credit approved by the City
Attorney in an amount approved by the City Engineer must be provided
to cover the cost of installing sanitary sewer, watermain, storm sewer,
bituminous roadways, concrete curb and gutter, street signs and the pro-
rata share for construction of Dell Road and Valley View Road. This
pro-rata amount is $35.742, which also precludes the pro-rata share
for the 3rd and 4th additicns and is based upon $23 per abutting
foot.
A cash deposit of $720 will be required to cover the cost of installation
and first year maintenance for street lighting.
RECOMMENDATION:
Recommend approval of the final plat of Maple Leaf Acres 5th Addition, s.
subject to the requirements of this report as follows:
1. Satisfaction of all bonding requirements
2. Cash deposit of $720 for street lighting ''
3. Cash park fee ($275 per lot) due at building
permit time.
4. Receipt of fee for City Engineering services in
the amount of $720. ).
CJJ:kh •
•
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5C1 1
ti:t :h 2:, t:73
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-47
RESOLUTION RECEIVING FEASIBILITY REPORT AND
CALLING FOR A HEARING (I.C. 51-321)
WHEREAS, A report has been given by the City Engineer to the
City Council on March 21, 1978, recommending the following improvements
•
to wit:
I.C. 51-321, Utility and street improvements on
Lotus View Drive.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
1. The Council will consider the aforesaid improvements in
accordance with the report and the assessment of property
abutting or within said boundaries for all or a portion
of the cost of the improvement pursuant to M.S.A. Sect.
429.011 to 429.111, at an estimated total cost of the
improvements as shown.
2. A public hearing shall be held on such proposed improvement
•
on the 2nd day of May, 1978, at 7:30 P.M. at the Eden 7rairie
City Hall. The City Clerk shall give published and mailed
notice of such hearing on the improvements as required by
law. i
ADOPTED by the Eden Prairie City Council on
• Wolfgang H. Penzel, Mayor
t
Al1EST: SEAL
's
John O. Frane, Clerk }}
•
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595