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City Council - 06/20/1978
FRt1LIE CITY CtOUINCiL !:'ESSAY, JUNE 20, 197E 7:30 PM, CITY HALL COUNCIL MEM EPS: Mayer Wuifgang Penzel, Eiily Eye, Joan Meyers, Veve O,ter•huit and Sidney Pauly tCUNCIL STAFF! City MInalier anger Ulsti.d; City Atte'rney iteger 'r-' uly; Planner Chris Enrr; Finance Lireutt r J:.hn Fran; Cirector of Crnununity Services e1, Lan:tpert; Engineer Carl Juilie; and J,ycc r"rcve, Leccrding Secretary INVtCATie i'.11 r CF 1,LLEGIi,'iCE ROLL CA1 L I. IIPPr nL tr !±F4uh 174 _ ° I r'q-. CF LUSIP SS II. COHSE .T C7,LLIdr Er (9' Palle 3525 • r•• Se'. 11,H ic. f' ;r,': t c l..al e Trail Estat s fear du:,,, 5, 157i.t Lane • C. ,,r ; Ful,1 C He r t 1•4C..1, • tir}'t for July a, 1978 • r 1 _;na ur; f c r rc .•,; ' 1 Is^mcnt Page 1531 ' C. 1• 4aa11«1�'- t.' on L I. C. 51-3a'- ;f: • E. hE o-int, 't 1•. rp 11.�1ir. r.";-, Li �9T`^t of ace 7rrr!7 , n, , = Page [ t1 � ' IiI. MINUTES ;t. note. of fh r,' vti,w F tar h i,' '.1 r ,. :a 153 r f iht c•kv Ce; c tl f•1crrtu fi, 14: i:;_ancs+laY Page 1534 1 ui. 7, 15-!&. IV. rtfisl A. 1 7t ,-,;.r 1i r n r. r•poration._to Payee 882, C 1•4: 1 tc r 5 r<u l i t, r.• .:• 1 t :': .rev; 1215, 1346 7ir r]ut t f,r /. it „ ,•c',�,•;cr. Re. iE:1-;i;1 C.tantinuee� and 1516 r'ur]ic !' �1tnc, fIt11 ',;n. r 1r/t, I;. ;1. rh ;: 1+ f.u;:11 res, rczvniiA ire !Pura; tr ttI l'•.5 and Page 1383 P11 r i:r• / es1,tten sr laic t t ant; ',[ >I?ttl'• _ iWrs, and Irc 1 t,in L_lo. "f_-+w i e +I tis�•n r / it {re;il:ance t+ �!-3 ) Ce.rtinura fl§ltc Nhiring tre.'n Jtute 7, 1978 V. ittPPRTS ii1_ •..')V; '•R1' Cf'_rS1S.310tS VI. Nit i';i7•_1_i S F. RI SC','TiIUS A. ' ?r 1 :•c:1n : C in tree r 7r 1 r f nin') fr ni `t11 ' i;. ale P 1:i5 1 ---. KM 6 5 t(z.r cnr tr i x :u t•. .. ,. 1, :; is ?•,u' is iliils 1t ht:cttle': 1 C ;4111':•,ti471, tJrl f, .,nos iiie / i) .. • .. • Council Agenda - 2 - Tues.,June 20, 1978 ., • . • . VI. ORPINAIICES & RESeLUTICNS (eontinued) B., Resolio-,ion 11„. 7f,..11(1,_ or!ntina j,reliwina_ny ap2raval for Page 1553 Mur,icip.al InJw.trial Develo!!1-nt ':',onds for Gelco Corporation . in the Pi11011111. ,-,1- ‘.;1,096,f,' :).;-„1) • • C. P,oselut'.en Ne. 7.i-111, !rantinfLpreliminary ivroval for Page 1557 Municipyl Iniu'...trial Vevr:1r•..;ocnt i3-:,:, s fur Edton Char-Lynn in thz,2 :,...oun!: 7.1- !',i,,Or,1),CrYj.tr, ., D. 2nd Go,:.,ine ,.:.1' (..)!..:tinoc.,.: No.. ir:-23, Prairie_ FO.S t 8th :uid ,1th., Page 1420 nt Cerecrotion, reaminc. from Rural to• KM 6.5 . am.' ec-re:ci,ei's rle;rocJitnt E. 2n0.2.c,,,iina cf urditw.ot- No. 7?-'4, street name chisiig5.s Page 1432 r. 2nd Iicio:i1,.. 4:... frdinarr:e Ne. 7:.,--C:-.,. CCP, Investment, erze.nitts. Page 1561 frem f.11.-.1 Cro,th.nle; .,,r, 72--1i;, C',!:. Inv...:s ,;eni , rezening ;rent ..i F.Firle6 StUdy_ tf.• 1.fl-1.',--, ;:i..-0.-ict tor 1 (Jilice it::, zee c'or..2e2ers ay,ree..,ont G. 2loi :"---,.,:h!, ,-..,1 t- uoce ;!e. 7":;-15, Pillsh.Grourh and 1-ii1 horou9ll Page 15,65 2.,t , !r•..- i r, ;ervc.. rt-,:enin ft-col ;11c ,y1 Ordivnec. No. 7r,-22, Fr:Arie Eat 4th, 5th end 5th, Pac:,e 1577 ;',(*,•::".pl,:7-.1-ct .....-.., :r.-LioTi, r::::31-.ir,l, freml i.e,irl to PJ 17.5 one VI I. r.',0,d'..-, CF ',:reICEL , rc.A,-,1-s L Ci:f1MISSICNS A. ititior,ot f Coun1 ]- ,ors Cam 1. i, I ititmeot el ent trtm`..x 1:c. the rl000in, iissien to au onexr;re( i,(.tr to 2/28in , r. 1. f!cati:•::1 of Scor.r v;.,1u Ste.res, Inc., dovelERers alreement Page 151: f :-. corn- •,'H-., h'..ye,o,!orters C. Gov •4, ( i Cit_y_TAtorncy• .; • , i. Rec., It_(.f Plannine, r,irc.cier 1. ilotino atuA Pedevele.:1-nt, Authority virealent 1,Ptwzon Page 157(.- II..nneIin Coonty i7,V City of Ceeo Prair_ie TResolul ion No. 7.-:--1e'.) Z. Kaert .1 I irecter ei' C.:!dmuniiy Services 1. Join Master Han fer Anderson Lairs (centinued from Page 1511! June -1, 197.c.T 2. Eeen Prairie t.a.lAles Lease (continu:.:1 fec.m June 7, 1978) Page 151: 3. GLepmestern Pell reloest Page 15‘:, CiNuncil Agenda Tues.,June 20, 1978 VII. REPORTS OF (FFICERS, ROAM .S COMMISSIONS (continued) F. lePorI2IEJILLL121 • „. 1. Consider tills for utility and snl,t_ATprovements in Page 1593 -I4rseman industrial Park 2nd_11,__1_,I,J -13_11 , 1-Reselufion No. 78:112) 2. Receive 140%yetition and order advertisement fer the Pale 1596 Cros-stown iniustrial --P-alT I. C. 51-329 (Reselutiun No. 3. Revest frem Thr Pq-oserve for discussion of_gradja Page 1604 pp.reiens on the s.ite oi_pre].,:osee--AmsdTen frills IV Addition 4. Riscussiou of FrciLyse0 transportation program • G. Reyort cf Fin;.nce I:irt.cter • • 1. WAS Asreement Page 1601 : VIII. NEW BUSINESS IX. APJEURNM.7T.. • • June 20, 1978 -c4/• Cr,_ STATE OF MINNESOTA w C,k'--"7 • CITY OF EDEN PRAIRIE � u f% (`. i-`') COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 06-02-78 10392 GRIGGS, COOPER & CO. Liquor 693.28 10393 ED PHILLIPS & SONS Liquor 902.03 10394 HOPKINS POSTMASTER Postage for meter 1,000.00 10395 ANOKA COUNTY WARRANT DIVISION Return of bail 10.00 10396 INTERCONTINENTAL PACKAGING Wine 91.23 10397 TWIN CITY WINE CO. Wine 91.27 10398 QUALITY WINE CO. Wine 101.49 10399 JOHt1SOU WINE tO. Wine 174.33 10400 MINNESOTA DEPT. OF PUBLIC SAFETY Auto registration 2.00 06-08-78 10401 METROPOLITAN WASTE CONTROL COMMISSION May SAC charges 33,264.00 10402 STATE OF MINNESOTA May sales tax report 1,895.11 10403 STATE OF MINNESOTA Permit fee-Community Service dept. 5.00 10404 WALTER JOHNSON May expenses 37.38 10405 INSTY PRINTS Services-Comunity Service dept. 38.15 O6-09-78 10406 DOUGLAS & BEVERLY SCHMIDT Easement-Scenic Heights upgrading 1,580.00 10407 ED PHILLIPS & SONS Liquor 1,741.04 1040M MINT; 3TA DIS1ILLERS, INC. Liq'!or 1,230.50 10409 QUA!.ITY WINE CO. Wine 703.62 10410 EAGLE DISTRIBUTING Wine 197.78 10411 TWIN CITY WINE CO. Wine 853.22 10412 JOHNSON BROTHERS LIQUOR Liquor 1,073.97 10413 NORTH HENNEPIN COMMUNITY COLLEGE Training for Public Safety officers 12.00 06-12-78 10414 SANDRA WERTS Change fund for Round Lake 25.00 10415 POSTMASTER Postage for teen center mailing 85.68 06-13-78 10416 PUBLIC EMPLOYEES RETIREt1ENT Employees withheld and employer ASSOC. contribution 6-9 payroll 6,167.58 10417 UNITED WAY Donations withheld 6-9 payroll 27.12 10418 FEDERAL RESERVE BANK Taxes withhtld 6-9 payroll 8,108.08 06-16-78 10419 AMERICAN NATIONAL BANK Bond payment 99,592.11 10420 AID INSURANCE SERVICES Notary bond for Jean Johnson 10.00 10421 ADVANCE AMBULANCE Supplies-Fire dept. 251.03 10422 ADAt1S SUPPLY CO. Street sign posts 162.00 10423 A&H WELDING Parts 4.00 10424 ASTLEFORD EQUIPMENT CO. Equipment parts 69.28 10425 AMERICAN WATER WORKS ASSOC. Book-Water dept. 12.00 10426 BLOOMINGTON LOCKSMITH CO. Keys-Public Safety dept. 29.33 10427 BROWN PHOTO Services-Building dept. and Public Safety dept. 69.94 10428 BLUE CROSS INSURANCE _June insurance 450.70 10429 BROWN PHOTO Services-Public Safety account 56.37 10430 BATTERY TIRE WAREHOUSE, INC. Equipment parts 104.36 10431 BLOOMINGTON CHRYSLER Auto supplies 59.04 10432 BRYAN ROCK Rork-Street Maint and Water dept. 1,370.13 10433 CHAPIN PUBLISHING CO. Bid ad 42.80 10434 CITY OF BLOOMINGTON Contribution for City's participation in joint recreation programs 100.00 June 20, 1978 06-16-78 10435 CHANHASSEN AUTO PARTS Equipment parts 291.78 10436 COPY EQUIPMENT, INC. Supplies-Engineering dept. 8.84 10437 CHANHASSEN LAWN & SPORTS Supplies-Tree disease 7.52 10438 DALCO Cleaning supplies-Water dept. 265.86 10439 DIRLAM PROPERTIES Overpayment of special assessment 137.48 10440 DUSTCOATING, INC. Dust oil for gravel roads 3,653.00 10441 EDEN PRAIRIE SCHOOLS Gasoline 1,187.92 10442 EDEN PRAIRIE SANITATION CO. April and May service 45.00 10443 CHRIS ENGER May expenses 107.63 10444 EDEN PRAIRIE PRESBYTERIAN CHURCH Lease for use of ballfield 1.00 10445 EDEN PRAIRIE SNOWDRIFTERS CLU8 1,168.62 10446 EDEN PRAIRIE NEWS May ads 289.49 10447 FUTURE PUBLICATION, INC. Services-Community service dept. 26.09 10448 F.Y.S FRAMING, INC. Picture frame-Public Safety dept. 8.25 10449 STUART FOX April mileage-Tree disease 24.15 10450 ROBERT T. FLINT Services-Public Safety dept. 110.00 10451 FRONTIER LUMBER Materials-Park Maintenance 137.37 10452 FIRE INSTRUCTORS ASSN. Supplies-Fire dept. 37.95 10453 GLADWIN AGENCY Notary bond for Susan Anderson 30.00 10454 GROUP HEALTH PLAN June insurance 951.30 10455 DALE GREEN CO. Black dirt-Street Maint. 31.00 10456 GUNP1AR ELECTRIC CO. Services-Fire & Public Works Bldg. 186.00 10457 GENERAL COMt1UNICATIONS Radio repairs-Fire dept. 106.25 10458 GUY ., AUTO SUPPLY Equipment parts 358.31 10459 VOID CHECK 10460 GENERAL ELECTRIC CO. Equipment repair service-Fire dept. 18.25 10461 JACK HACKING Expenses 23.83 10462 HENNEPIN COUNTY Prisoners board-Public Safety 93.00 10463 HOPKINS PARTS CO. Equipment parts 6.56 10464 HOPKINS DODGE SALES Equipment repair 36.30 10465 ELIZABETH JOHNSON May services 413.B7 10466 GENE JACOBSON Conference and Training expenses Fire dept. 100.05 10467 JAMES JENSEN May mileage-Planning dept. 58.64 10468 GENE JACOBSON Reimbursement for supplies-Fire dept. 14.44 10469 ERIC JORGENSEN Refund for soliciting license 5.00 10470 KOKESH Recreation supplies 160.60 10471 K C AUTO BOGY Equipment repairs 288.45 10472 KARULF HARDWARE Supplies 249.19 10473 KARULF HARDWARE Supplies-Fire dept. account 22.5E 10474 QUALITY WINE CO. Wine 11.21 10475 KRAEMER'S HARDWARE Supplies 182.50 10476 PAMELA LESTER Refund on tennis lessons 10.25 10477 LYNDE CO. Animal repellent-Water dept. 27.59 10478 LONG LAKE TRACTOR Equipment parts 34.30 10479 LEEF BROS. Rugs 33.90 10480 METROPOLITAN WASTE CONTROL COMMISSION Sewer service charges for July 13,456.19 10481 MINNF.TOtiKA REFRIGERATION Airconditioner repair-City Hall 23.45 10482 MINNEAPOLIS STAR Ad-Park dept. 8.84 10483 MEDCENTER HEALTH PLAN June insurance 958.73 10484 W. R. MCNAUGHTAN Services-Building dept. 184.00 10485 METROPOLITAN ANIMAL PATROL May services 80.00 10486 KEVIN MAYNIHAN Refund on building permit 741.85 I';„Z(7 June 20, 1978 06-16-78 10487 ROBERT I4ARTZ June expenses 107.25 10488 VOID CHECK 10489 MARKSON SCIENCE, INC. Supplies-Water dept. 45.19 10490 MINNESOTA TORO, INC. Equipment-Park Maint. 4,790.00 10491 MIDWEST ASPHALT CORP. Asphalt-Street paint. 354.99 10492 MEDICAL OXYGEN Oxygen-Fire dept. 33.00 10493 3M BUSINESS PRODUCTS Supplies and service 83.19 10494 MIDLAND PRODUCTS CO. Popcorn for beaches 121.95 10495 MINNEGASCO Service 263.43 10496 MACQUEEN EQUIPMENT, INC. Equipment repair service 600.29 10497 METROPOLITAN FIRE EXTINGUISHER Recharge units, two new units and supplie Fire dept. 214.00 10498 METRO PRINTING Printing service-Community services dept. and Public Safety 738.00 10499 NORTHWESTERN NATIONAL BANK 8ond payment 10,170.00 10500 MARLENE NICKOLAI Refund on tennis lessons 23.00 10501 NORTHWESTERN BELL Services 1,874.95 10502 CURTIS OBERLANDER Expenses 16.00 10503 POWER, INC. 8attery-Fire dept. 16.77 1D504 PHYSICIANS HEALTH PLAN June insurance 3,914.19 10505 PLECTRON CORPOIJATION Repair fire pagers-Fire dept. 72.45 10506 THE PRESERVE Lease for garden plot and playground 2.00 10507 PIONEER RIM AND WHEEL Fenders for trailor-Park dept. 47.00 10503 PETTY CASH Reimburse fund-Public Safety dept. 18.07 10509 PRAIRIE LAWN & GARDEN Two lawnboy mowers-Park Maint. 340.89 10510 PEPSI-COLA Pop for machine 216.10 10511 kIK.:":A QUERNEMOEN Mileage- Water dept. 21.00 10512 DALF. REDPATH Artwork services-Sumer teen program 15.00 10513 ROOT-O-MATIC Services-Sewer dept. 38.50 10514 RIDGE DOOR SALES Repair to door-Public Works Bldg. 119.50 10515 FRANCIS SCHAITBERGER Contract for deed payment 33,600.00 10516 SUPER AMERICA Gasoline 16.95 10517 SPECIALTY SCREENING Vehicle emblems-Public Safety 199.15 10518 VERNON T. STEPPE Training school expenses-Fire dept. 60.00 10519 STANDARD OIL Gasoline 4,263.20 10520 SUBURBAN CHEVROLET Equipment parts 75.56 10521 SHAKOPEE SPORTS CENTER 8oat rental-Bryant Lake 45.30 10522 TWIN CITY SEED Park Maint. $2,300, Bryant Lake trail , grant $510 and Tree disease $510 3,320.00 10523 W. GORDON SMITH Equipment parts and gasoline 581.24 10524 TRUCK UTILITIES & MFG. Equipment repair service 405.13 10525 TNEMEC CO., INC. Supplies-Water dept. 52.05 10526 URBAN LAND INSTITUTE Supplies-Engineering dept. 13.50 10527 UNION OIL CO. Hydralic fluid for equipment 104.10 10528 UNIFORMS UNLIMITED, INC. Lights and sirens for new vehicles 1,162.42 10529 VOID CHECK 10530 TOM STOCKS Amplifier-Summer teen program 300.00 10531 JUDY VORLICEK Refund on swimming lessons 27.00 10532 WATER PRODUCTS CO. Meters and supplies-Water dept. 9,414.19 10533 ZIEGLER CO. Caterpillar rental-Forest Hill tennis court and Bryant Lake trail grant 1,250.00 10534 HARSTAD COMPANY Radar-Public Safety dept. 1,850.00 10535 RICUARD HOLLOWAY Health inspection services 1,730.00 10536 DEREK CAUFMAN Refund on gymnastics 12.50 10537 BARB SCHOOLE Refund on tennis lessons 9.00 10538 BRENDA JOHNSON Refund on swimming lessons 8.50 June 20, 1978 06-16-78 10539 BILL OAKES Refund on swimming lessons 8.50 10540 KATHLEEN VURLICEK Refund on gymnastics 12.50 10541 VOID CHECK 10542 RIEKE-CARROLL-MULLER Services-Stewart Highlands, Eden View I, St & Wtr. Country Vista, Swr-Wtr trunk Round Lake area, Norseman Pk. 2nd add, Well Pumphouse ,#3 and Homeward Hills road improvements 17,798.97 10543 SOUTHWEST PLUMBING Install city sewer stub on Edenwood Drive 1,070.00 10544 BRAUER & ASSOC. Service-Scenic Heights upgrading 4,430.62 10545 VAN WATERS & ROGERS Chlorine-Water dept. 188.50 10546 XEROX CORPORATION Service and supplies 927.12 10547 HAROLD NORDSLETTON Fire calls 102.00 10548 FRED HAFFNER 874.00 10549 BURT SUTTON 642.00 10550 WALLACE CONRAD 358.00 10551 JOHN SKRANKA " 510.00 10552 DUANE CABLE 306.00 10553 HARVEY SCHMIDT 322.00 10554 JOHN HOBBS 184.00 10555 CHARLES SCHAITBERGER " 696.00 10556 DOUG PLEHAL State fire school expenses 47.3E 10557 G ERALD SCHWANKL " 38.00 10558 JAML., L. MATSON Fire calls 440.00 10559 CURTIS OBERLANDER 670.00 10560 HUSTAD DEVELOPMENT Refund on overpayment of utility bill 15.86 10561 10562 REALTY CENTER Refund on overpayment of utility bill 30.12 10563 ECKLUND & SWEDLUND 20.54 10564 J. H. LEIN CONST. " 51.67 10565 JOHN PALMER " 80.60 10566 SANDPIPER CONST. 89.67 10567 WILLARD EGGAN 20.50 10568 MIDWEST COAST TRANSPORT Tree subsidy 696.00 10569 JOHN BREW 464.00 10570 JOSEPH DOLEJSIII 800.00 10571 ECKLUND & SWEDLUND 128.00 10572 HENNEPIN COUNTY VO-TECH 800.00 10573 WARD HOLASEK " ,+ 232.00 10574 HELEN FOWLER 64.00 10575 KERN OLSON 200.00 10576 OLYMPIC HILLS CORP. 96.00 10577 DOt1INIC SCIOLA " 168.00 10578 E. J. RENiF.R 100.00 10579 CAMP FRONTIER 120.00 1D580 G. P. SCHOENFELDER 248.00 10581 WILLIAM PEARSON 200.00 10582 WAYNE VANDERVORT " 240.00 10583 FRANCIS ANDERSON 392.00 10584 JOHN ANDERSON " 64.00 10585 ROBERT BIAD II II 184.00 1D586 HUGH BRENNER 40.00 10587 STEVEN BROWN 56.00 ,1 ,1 • 10588 WAYNE BROWN 248.00 June 20, 1978 06-16-78 10589 WOODLAKE SANITARY SERVICE Tree subsidy 32.00 10590 LYOLD CHERNE 32.00 10591 BURY & CARLSON 136.00 10592 WILHELM CLABO 96.00 10593 TERRY DOUGLAS 16.00 10594 HELEN DRESSEN " 8.00 10595 ANDREW JUSTUS 200.00 10596 FEEDERS, INC. 168.0D 10597 ANDREW JUSTUS " 48.00 10598 G. A. HOLASEK 8.00 10599 KARL KURTZ 80.00 10600 LUTHERAN CHURCH MINN. SOUTH DISTRICT 80.00 10601 RUSSELL MARSH " 144.00 10602 WILLIAM MARSHALL 16.00 10603 HERBERT MASON 48.00 10604 SAMUEL MAYO 16.00 10605 MET AIRPORTS COMM. 72.00 10606 FRANK MOOT 200.00 10607 LOUCILLE NAAS 144.00 10608 E. W. BORBERG 224.00 10609 RAY OLSON " 280.00 . 10610 HOMER RAGUET 112.00 10611 TOM REDMOND 80.00 10612 ST AlNDREWS LUTHERAN CHURCH " 40.00 10613 JESS, SCHWARTZ 24.00 10614 MICHAEL SUTTON 24.00 10615 TITUS, INC. 32.00 10616 BURDELL WESSELS 32.00 10617 MICHAEL ZYLKA 144.00 1061E GERALD MILLER 32.00 10619 FAISER SCHOOL " 72.00 10620 EAGLE ENTERPRISES 272.00 10621 HANSONS AUTO PARTS 736.00 10622 METRAM PROPERTIES " " 520.00 10623 THERESA MILLER " 16.00 10624 MINNEAPOLIS FLORAL 440.00 10625 V. W. GRAHAM 88.00 10626 NORTHRUP KING " 800.00 10627 PRAIRIE LAND VENTURE 128.00 10628 ROSEMOUNT 288.00 10629 FLYOD SABLE " 144.00 10630 BERMEL.-SMABY REALTY, INC. 360.00 10631 JAMES TORNOE 160.00 10632 MINNESOTA STATE TREASURER Firearm safety certificates-Community Services dept. 24.00 10633 PCI Contract-TH169 75,779.56 10634 MCNAMARA-VIVANT CONTRACTING Contract-Scenic Heights upgrading 9,465.32 10635 ORS CONSTRUCTION, INC. Contract-Stewart Highlands 30,831.85 10636 JOHNSON BROTHERS CORP. Contract-Eden View I 189,017.19 10637 BERGERSON-CASWELL, INC. Contract-Well Pumphouse #3 11,605.50 10638 RICHARD KNUTSON, INC. Contract-St. & Wtr Country Vista 10,667.92 TOTAL 641,142.92 bU UIClam knOtSCE eTChiclb©t 15 June 1978 Mr. Roger Ulsted City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie Minnesota, 55343 Dear Mr. Ulsted: This letter is a request by Mr. Arvid Schwartz and Mr. Clifford Swenson for a public hearing by the Eden Prairie City Council at their meeting scheduled for 5 July 1978. The project for which they are requesting a hearing is the Lake Trail Estates development and the owners are seek- ing approval for rezoning from Rural to RM 6.5 and 121 13.5, and final plat approval for the project as designed. Your consideration in this matter will be greatly appreciated. Sincerely, Stephen Young cc: Mr. Arvid Schwartz Mr. Clifford Swenson file 100 north sixth street/minneapolis/minnesota/55403/(612)338 8877 i,.3D . June 20, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-113 RESOLUTION APPROVING PLANS AND SPECIFICATION AND OROERING ADVER- • TISEMENT FOR BIDS (I.C. 51-300) WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., has prepared plans and specifications for the following improvement, to wit, I.C. 51-320, Sanitary sewer extension on • Eden Road and has presented such plans and specifications to the Council for approval; • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall be publisehd for 3 weeks, shall specify the work to be done, shall state that bids will be opened at 10:00 o'clock A.M. on Thursday, July 13, 1978, and con- sidered by the Council at 7:30 o'clock P.M. on Tuesday, July 18, 1978, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to • the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel. Mayor ATTEST: SEAL John D. Frane, Clerk ) June 20, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-115 RESOLUTION REQUESTING MINN. D.O.T. TO CONDUCT SPPED SURVEY ON OLD FLYING CLOUD DRIVE BE IT RESOLVED by the Eden Prairie City Council as follows: That the Minnesota Dept. of Transportation is herein requested to conduct a traffic speed survey to determine the proper speed limit posting on Old Flying Cloud Drive from Washington Ave. to the end of the cul-de-sac approximately 1/2 mile south of Shady Oak Road and also on that part of Old Flying Cloud Drive west of new T.H. 169-212 from Shady Oak Road to Co. Rd. 60. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John 0. Frane, Clerk. 1 MINUTES BOARD OF REVIEW MEETING WEDNESDAY, JUNE 7, 1978 7:30 PM, CITY HALL (Continuation of Board of Review meeting held May 30, 1978) BOARD OF REVIEW MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly BOARD OF REVIEW STAFF PRESENT: City Assessor Bob Martz and City Manager Roger Ulstad INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: Meyers, Osterholt, Pauly and Penzel present, Bye absent. The Board of Review reconvened and was called to order by Mayor Penzel at 7:30 PM. City Assessor Bob Martz gave a report on the disposition of items 1 - 8 of the May 30, 1978 meeting. City Assessor Martz recommended that Resolution No. 78-107 be adopted, directing the Board of Review to accept the 197E Valuation Assessment. MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 78-107 as per recommendation of City Assessor Martz. Motion carried unanimously. MOTION: Osterholt moved, seconded by Meyers, to close the Board of Review meeting at 7:40 PM and certify.its completion of the hearing. Motion carried unanimously. >33 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WEDNESDAY, JUNE 7, 1978 7:40 PM, CITY HALL (Following Board of Review Mtg.) COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Manner Chris Enger; Director • of Community Services Bob Lambert; City Engineer Carl Ju1lie, and Joyce Provo, Recording Secretary Invocation and Pledge of Allegiance given at the Board of Review Meeting. ROLL CALL: Meyers, Osterholt, Pauly and Penzel present; Bye arrived at meeting at 7:50 PM. I. PRESENTATION OF HUMAN RIGHTS AWARD TO PAUL REDPATH Duncan Laidlaw, Chairman of the Human Rights and Services Commission, announced Paul Redpath to be the recipient of the Human Rights Award and spoke to the many reasons why Mr. Redpath was selected to receive this award. Mayor Penzel congratulated Mr. Redpath on receiving the Human Rights Award, and presented a plaque to him. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was requested to be added to the agenda under the "New Business" category: A. Resolution relative to establishing Minneagta's Park and RecrPntion Week - June 11 - June 18, 1978. MOTION: Meyers moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Set Public Hearing for July 5, 1978 for Amsden Hills IV, The Preserve, rezoning from Rural to RM 6.5 for 11 duplexes B. Clerk's License List C. Payment of Claims Nos. 10187 - 10391 D. Set Public Hearing for July 5, 1978 for assessing the cost of tree removal MOTION: Pauly moved, seconded by Meyers, to approve all items on the Consent Calendar. Roll Call Vote: Pauly, Meyers, Osterholt and Penzel voted "aye". Motion carried unanimously. ,1 /;' `I Council Minutes - 2 - Wed.,June 7, 1978 IV. MINUTES A. Minutes of the Regular City Council Meeting held Tuesday, May 2, 1978 Pg. 6, 7th para., 2nd line, strike "acquisition" and insert in lieu thereof "dedication". Pg. 7, 2nd para., 2nd line, strike "and" and insert in lieu thereof "through". MOTION: Pauly moved, seconded by Osterholt, to approve the minutes of the Regular City Council Meeting held Tuesday, May 2, 1978, as amended and published. Motion carried unanimously. 8. Minutes of the Regular City Council Meeting held Tuesday, May 16, 1978 Pg. 7, 3rd para., 5th line, strike "land" and insert in lieu thereof "lane". Pg. 7, 4th para., 3rd line, strike "1978" and insert in lieu thereof "1979". MOTION: Osterholt moved, seconded by Meyers, to approve the minutes of the Regular City Council Meeting held Tuesday, May 16, 1978)... as amended and published. Motion carried unanimously. C. Minutes of the Special Ci y Council Meeting held Tuesday, May 23, 1978 MOTION: Osterholt moved, seconded by Meyers, to approve the minutes of the .,. cial City Council Meeting held Tuesday, May 23, 1978, as published. Motion carried unanimously. D. Minutes of the Board of Review Meeting held Tuesday, May 30, 1978 Last para., strike "6" and insert "7". MOTION: Osterholt moved, seconded by Penzel, to approve the minutes of the Board of Review Meeting held Tuesday, May 30, 1978, as amended and published. Motion carried unanimously. V. PUBLIC HEARINGS A. Prairie East 7th, request by Hustad Development Cor oration, to rezone from Rural to RN 6.5 and preliminary plat approval Resolution No. 78-106, and Ordinance No. 78-31) Continued Public Hearing from May 16, 1978. Jim Ostenson, Hustad Development Corporation, explained he has met with residents on 2 different occasions, and primary concern was not so much the townhouse project, lifestyle or type of people, as much as the buffer area and impact the townhouses would have on them. After first meeting the developer went back and arrived at a buffer plan which he referred to, along with other changes, in preliminary plat dated June 1, 1978. Ostenson stated Hustad would provide a 25 foot natural area of significant smaller trees which the proponent is attempting to preserve,and will also enter into a planting plan that will be acceptable to the City. This plan will affect not only the project under consideration, but also those people to the north of the project. Council Minutes - 3 - Wed.,June 7, 1978 A. Prairie East 7th Public Hearing (continued) Mayor Penzel referred to petition received on drainage dated June 3, 1978, and requested same to be made part of the record. (Attached as part of minutes) Ostenson responded the overland drainage has caused some problems and the proponent has agreed to begin immediately to sod the entire swale in order to alleviate any erosion. If that is not sufficient, Hustad would also be prepared to immediately post a bond in the area of $10,000.00, and if the erosion were not alleviated would put in the pipe. City Engineer Jul lie explained he had been out on the site and the drainage facilities that are in place are not what was approved by the City. The drainage system has not been accepted for ownership and maintenance by the City. However, Jullie noted it is a reasonable approach to get the swale properly graded and sodded, and then to request the developer to post a bond with the City that would run for at least three years. Then if erosion or other maintenance problems become evident, the City would have the authority under the bond to request a storm sewer • pipe to be installed. The pipe would cost $7,000 - $10,000 • Osterholt asked what the possibility of single family homes would be in Prairie East 7th. City Planner Enger explained he had talked to the developer about single family, however, it was always Hustad's intent to provide townhouses in this area. The proponent is trying to place the townhouse units to satisfy the surrounding area. Ostenson stated he has met with City staff on two or three occasions and discussed the park s. , and believes at the last Council meeting the developer was charged to negotiate with the Staff as to an acceptable price, specific location and method of payment. The Staff has agreed to a 20-acre site located south of County Road 1 and east of Franlo Road. Further Mr. Ostenson explained it is his understanding the City cannot enter into a contract greater than five years in length, and Staff has asked the developer to take a deposit down on the parcel of land now, and Hustad would be responsible for collecting the balance. The park fee would come directly to Hustad. The developer is now at $8,500 an acre with no interest or carrying charge to the City, with a downpayment of $70,000 and balance as building permits come in. Director of Community Services Lambert stated the City's cash park fee is a good idea, but the timing is bad. The City doesn't get the money to pay for the park until after we need it. Lambert further spoke to memo dated June 7, 1978, and answered questions of Council members. Bye noted the park site was originally intended to be on the corner and we are getting into a problem of hiding our park sites where people can't get to them. Further it appears that putting the park in the spot referred to above creates greater land values for the adjoining properties. Lambert explained the City's number one park site was the northeast corner, as in looking at the four corners the northeast corner was the only one that had acceptable level type ground. Mr. & Mrs. Lowell Green, 9935 Friar Drive, stated they were under the impression that when the developer put a drainage system in, it would be a natural drainage system. Mr. Green stated he walked the ditch ano the developer has cut away probably an 8 or 10 foot ditch to drain the pond, which is not his idea of a natural drainage system. Mr. & Mrs. Green would like to see the developer connect up to a drainage system. i Council Minutes - 4 - Wed.,June 7, 1978 A. Prairie East 7th Public Hearing (continued) Mr. & Mrs. Pollack, 9950 Friar Drive, feel storm sewer is necessary. Mr. Ken Franz, 9880 Squire Lane, 2nd Addition, reiterated his concerns expressed at the May 16th Council meeting. Franz explained the question should be asked as to what is the purpose of the park site, is it to serve the 7th, 8th and 9th areas, plus the 3 areas already there, or is it to serve people yet to build. The site and terms seem to fit the developers terms, and the City is getting short-changed. Frank Thomas, 9785 Garrison Way, abutting the 7th Addition, satisfied with the development proposed as the developer has agreed to put in a 25 foot buffer zone, but questioned how this could be enforced. Penzel replied through the developer's agreement. Osterholt requested a storm sewer plan be worked out with City Engineer Jullie,and Meyers stated the proposal on the park site is not acceptable. Penzel concurred that both the drainage and park site have to be addressed further. MOTION: Pauly moved, seconded by Osterholt, to continue the Public Hearing on Prairie East 7th to the June 20th Council meeting for further consideration on drainage and the park site. Motion carried unanimously. Osterholt ,„. iher stated that the 25 foot buffer is not adequate and reels that problem should also be addressed. • B. Olynpic Hills First Addition, Olympic Hills Corporation, Outlot B, rezoning from RN 2.5 to RM 6.5 and preliminary plat approval, for one four-plex and 2 duplex lots Steve Young, Architect with Knutson Architects, representing the proponents, outlined the proposal and answered questions of Council members. City Planner Enger reviewed the Planning Commission minutes dated April 24, 1978, and the motion recommending the City Council consider approval of the preliminary plat. Director of Community Services Lambert spoke to the minutes of the Parks, Recreation & Natural Resources Commission dated May 1, 1978, whereby unanimous approval was also recommended. Osterholt requested Mr. McGlynn, Olympic Hills Corporation, to submit a Master Plan before the 2nd Reading of Ordinance No. 29 for the entire area so the Council can see what is going to be the golf course and what is going to be developed. Mr. McGlynn agreed to present a Master Plan to the Council as requested. MOTION: Pauly moved, seconded by Meyers, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-29, rezoning from RM 2.5 to RM 6.5 for Olympic Hills First Addition, Olympic Hills Corporation, Outlot B, and that a Master Plan be submitted prior to the 2nd Reading. Pauly, Meyers, Osterholt and Penzel voted "aye", Bye "abstained". Motion carried. I, .' Council Minutes - 5 - Wed.,June 7, 1978 B. Olympic Hills First Addition Public Hearing (continued) MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 78-101, approving the preliminary plat for one four-plex and 2 duplex lots for Olympic Hills First Addition, Olympic Hills Corporation, Outlot B. Pauly, Osterholt, Meyers and Penzel voted "aye", Bye "abstained". Motion carried. MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney to draft a developers agreement incorporating recommendations of the April 18th Planning Staff Report, including that the road dedication and construction be acceptable to City standards through the boundary of Outlot B. Meyers, Osterholt, Pauly and Penzel voted "aye", Bye "abstained". Motion carried. C. Olympic Hills Fifth Addition, Olympic Hills Corporation, rezoning from Rural to R1-13.5 for approximately 11 acres to 20 lots and preliminary plat approval Steve Young, Architect with Knutson Architects, representing the proponents, outlined the proposal. City Planner Enger explained the Planning Commission reviewed this proposal on April 24, 1978, and unanimously turned the proposal down based on the inability to align the road with the previously platted Bennett Place to the south. The proponent again appeared before the Planning Commission on May 22) at which time there was a desire on the proponent's part to accomplish an alignment of the intersection and the project was passed unanimously, subject to the alignment of the road with previously platted Bennett Place to the south. Don McGlynn, Olympic Hills Corporation,explained he has spent some time since the last Planning Commission meeting with Mr. Ray Welter, Jr., who owns the property immediately to the west of the proposed project. Mr. McGlynn feels there can be an agreement reached with Mr. Welter. Penzel questioned if any pedestrian and bicycle trails have been proposed. Enger responded trails have not been studied. However, staff is recommending a 60-foot right-of-way, and there is room with a 60 foot right-of-way for a sidewalk on one side of the road. Ray Welter, Jr., stated he would like a commitment from the County on the road. He would like to have it staked out to see how much of his land is going to be taken for sure. Mr. Welter felt there are a lot of questions left unanswered. • Enger explained the County can only give a commitment as to whether you can or can't have an access, and suggested a firm commitment from the County be received. Sally Brown, 10080 Bennett Place, questioned how many other additions will feed on to County Road 1. Enger responded there would be the 4th and 5th Additions which would feed on to County Road 1. MOTION: Meyers moved, seconded by Osterholt, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-28, rezoning from Rural to R1-13.5 for approximately 11 acres to 20 lots for Olympic Hills Fifth Addition, Olympic Hills Corporation. Motion carried unanimously. Council Minutes - 6 - Wed.,June 7, 1978 C. Olympic Hills Fifth Addition Public Hearing (continued) MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-100, approving the preliminary plat for Olympic Hills Fifth Addition, Olympic Hills Corporation. Motion carried unanimously. MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a 'developers agreement including the April 19th recommendations in the Planning Staff Report, April 20th recommendations of the Engineer Staff Supplement, April 21st requirements from Hennepin County, and requirements of May 5th from the Riley-Purgatory Creek Watershed District. Motion carried unanimously. D. Tamarac Addition bLEdenvale, Inc., rezoning from Rural to R1-13.5 for 13 single family lots on approximately 8.5 acres, and preliminary plat approval Don Peterson, representing Edenvale, Inc., spoke to the proposal asking the Council to approve the sideyard setbacks as recommended by the Planning Commission. • City Planner Enger spoke to the minutes of the Planning CommiSFiOn meeting held April 10, 1978, where approval was recommended based on staff report dated April 5th, granting sideyard variances only due to the uniqueness of the site and to preserve the wooded, rolling character of the site. Director of Community Services Lambert spoke to the recommendation for approval by pie Parks, Recreation & Natural Resources Commission on May 1, 1978, with the exception of the sidewalk which is to be worked out with the developer. Lambert further outlined the trail system agreed to by the developer. Mr. Peterson noted the proponent has met with the neighbors in the area and have an agreeable system. MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-27, rezoning from Rural to R1-13.5 for 13 single family lots on approximately 8.5 acres for the Tamarac Addition by Edenvale, Inc. Motion carried unanimously. MOTION: Pauly moved, seconded by Meyers, to adopt Resolution No. 78-99, approving the preliminary plat for Tamarac Addition by Edenvale, Inc. Motion carried unanimously. MOTION: Meyers moved, seconded by Pauly, to direct the City Attorney to draft a rezoning agreement incorporating the recommendations of the April 5th Planning Staff Report, April 6th Engineering Supplement, recommendations of the April 10th Planning Commission minutes to allow the side yard variances only, recommendations of the Director of Community Services memo dated April 28th regarding the Covenant restrictions on the lots running to the slope, and April 5th Watershed District requirements. Motion carried unanimously. Council Minutes - 7 - Wed.,June 7, 1978 E. Darkenwald Duplexes, rezoning from Rural to R1-13.5 and RM 6.5 for 2 existing single family and 52 duplex lots, and preliminary plat approval Gil Darkenwald, Darkenwald Real Estate, spoke to the proposal and answered questions of Council members. City Planner Enger reviewed the Planning Commission minutes with the Council from meetings held April 24 and May 8, 1978. Both Meyers and Dsterholt spoke in oppostion to cul-de-sacs as proposed in the development. Mrs. Biebel, 8705 leeward Circle, spoke in opposition to the proposal as the whole southeast corner of Eden Prairie is becoming over-populated with multi-family dwellings. She also expressed her concern that the City is getting away from the 1968 Comprehensive Guide Plan. Osterholt asked if this area would not be good for single family residences. Mr. Darkenwald responded it would not be good because of the traffic on Preserve Boulevard and because of the street development to the north of the project. Further this area seems to be a natural development for multiple. MOTION: Osterholt moved, seconded by Meyers, to continue the Darkenwald Duplexes Public Hearing to June 20, 1978, and refer this item to staff for answers to the Council's suggestions on road configurations and the possibility of single family residences. Motion carried unanimously. F. Sanitary sewer on Eden Road, I. C. 51-320 City Engineer Jullie outlined the proposal and answered questions of Council members. Jullie explained the total cost of the proposed construction would be $112,700.00, which includes $35,000 of previously incurred City costs when the sewer collector on West 78th Street was constructed. The proposed assessment method per acre is $2,720 for all parcels within the assessment limits. Jullie recommended the Council consider a deferment to the several single family residences along Eden Road until units are connected to the sewer system or a rezoning of the property to some other use. Dave Vanasek, representing Rosemount, Inc., spoke to communication from Ernest W. Echols of Rosemount, dated June 2,1978, requesting that their company he excluded from this assessment because Parcel 8230 is landlocked by property belonging to others on the south and east and the lake on the north. Penzel questioned if Rosemount would be opposed to rezoning the portion of the parcel 8230 that is used for park to open space dedication in order to assure the justification for non-assessment. Mr. Vanasek explained he would have to take that matter up with Rosemount. Jullie further stated that decision could be made at the time of the assessment hearing. Mrs. Kooiman, 7936 Eden Road, questioned why the sanitary sewer is being considered for this area. Jullie reponded there was a petition received back in February from four of the property owners in the area. The most immediate need is for the AMOCO Service Station. Council Minutes - 8 - Wed.,June 7, 1978 • F. Sanitary sewer on Eden Road, I. C. 51-320 (continued) Bert Menke, 8018 Eden Road, questioned what the chances are of Eden Road being out completely. Jullie responded we are looking at a multitude of ownerships. The people have nice homes there, some being used as interim offices. Whatever develops there is going to have to be some sort of a road system. Mrs. Kooiman explained that Mr. Loerzel, 7942 Eden Road, had asked to be put on the record as being opposed to this improvement. MOTION: Osterholt moved, seconded by Meyers, to close the Public Hearing and adopt Resolution No. 78-104, ordering sanitary sewer improvements on Eden Road, I. C. 51-320, as per City Engineer's recommendations on deferments to single family residences along Eden Road until units are connected to the sewer system or a rezoning of the property to some other use. Motion carried unanimously. G. Vacating street and utility and utility easements as follows: 1. Portions of Homeward Hills Road and Riverview Road in the Bluff's West Plat 2. Ten (10_) foot drainage and utility easement between Lots 7 and 8, Block 2, Garrision Forest 2nd Addition 3. Old Amsden Road between Anderson Lakes Parkway and Franlo Road, Sec. 2� ---- � — - MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-105, vacating certain street and utility easements (3 described above). Motion carried unanimously. VI.REPORTS OF ADVISORY COMMISSIONS No reports. VII.ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-14, rezoning 35 acres from Rural to Office for Super Valu Stores, Inc.. corporate headquarters and rezoning agreement Continued to Special Council Meeting to be held Monday, June 12, 1978. B. 2nd Reading_of Ordinance No. 78-1.7� Pheasant Oaks by Burmith, Inc., rezoning from Rural to R1-13.5 for single family detached homes and rezoning agreement MOTION: Pauly moved, seconded by Bye, to adopt the 2nd Reading of Ordinance No. 78-17, Pheasant Oaks by Burmith, Inc., rezoning from Rural to R1-13.5 for single family detached homes. Motion carried unanimously. MOTION: Meyers moved, seconded by Bye, to approve the rezoning agreement for Pheasant Oaks with clarification to be made in item 3 regarding the cash park fee. Motion carried unanimously. l:. j Council Minutes - 9 - Wed.,June 7, 1978 VII.OROINANCES & RESOLUTIONS (continued) C. 2nd Reading of Ordinance No. 78-23, Prairie East 8th and 9th by Hustad Oevelopment Corporation, rezoning from Rural to RM 6.5 and rezoning agreement MOTION: Meyers moved, seconded by Osterholt, to continue this item to the June 20, 1978 Council meeting for resolution of the park. Motion carried unanimously. O. 2nd Reading of Ordinance No. 78-26, Bachman-Anderson Center, Bachman- Anderson, Inc., rezoning from Rural to Office, and rezoning agreement MOTION: Osterholt moved, seconded by Bye, to adopt the 2nd Reading to Ordinance No. 78-26, Bachman-Anderson Center, Bachman-Anderson, Inc., rezoning from Rural to Office, withholding publication of ordinance until separate document is reviewed on donation of land. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the rezoning agreement for Bachman-Anderson Center, Bachman-Anderson, Inc. Motion carried unanimously. E. 1st Reading of Ordinance No. 77-44, street name changes City Engineer Jullie requested that Nl/2 Sec. 25 be deleted at this time. MOTION:Osterholt moved, seconded by Bye, to give a 1st Reading to Ordiaanro No. 78-44, changing certain street names within the City of Eden Prairie, deleting N 1/2 Sec. 25 at this time. Motion carried unanimously. F. Resolution No. 78-103, receiving Antirecession Fiscal Assistance Funds MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-103, receiving Antirecession Fiscal Assistance Funds. Motion carried unanimously. VIII.REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. ppointment of one member to the Planning Commission to fill an unexpired term to 2/28/80 This item was continued to the June 20, 1978 Council meeting. Fred Baumann expressed his interest in this appointment, and asked Council members for their consideration. 8. Report of City Manager 1. Definition of Section 2, Subdivision 2.7 of Ordinance No. 135, special requirements pertaining to design This item was continued to the Special City Council meeting to be held Monday, June 12, 1978. MOTION: Pauly moved, seconded by Osterholt, to continue past the 11:30 PM adjournment hour. Motion carried unanimously. I')12 Council Minutes - 10 - Wed.,June 7, 1978 B. Report of City Manager (continued) 2. Reconfirm appointment of City Attorney and contractural agreement City Manager Ulstad reviewed the Attorney General's Opinion dated June 5, 1978, with Council members. Upon interpretation of same, Ulstad recommended the reconfirmation of the Lang & Pauly law firm as the City Attorney for Eden Prairie. MOTION: Osterholt moved, seconded by Bye, to reconfirm the appointment of the Lang & Pauly law firm as City Attorney for Eden Prairie as per City Manager's recommendation, and authorize the City Manager and Mayor to enter into a contractural agreement for the balance of 1978 as per proposal dated March 30, 1978. Roll Call Vote: Osterholt, Bye, Meyers and Penzel voted "aye", Pauly "abstained". Motion carried. 3. Discussion of employment practices Director of Public Safety Hacking reviewed his memo with Council members dated May 25, 1978, and answered questions pertaining to same. No action necessary. 4. Set date for next Guide Plan meeting Council members set Monday, June 12, 1978, as the next date to meet on the Guide Plan, along with items as indicated. C. Report of City Attorney No report. D. port of Planning Director 1. Crosstown Baptist Church, request for approval of revised site plans at 6500 Baker Road City Planner Enger spoke to the revised site plans and explained the Planning Commission recommended approval of same. Meyers questioned that during the initial review there was much emphasis placed on the recreational aspect of the church and youth facilities to be provided - where and when will they be installed? Pastor Cornelius responded the first phase doesn't include any development for recreation faciliti. primarily because of the funds. MOTION: Pauly moved, seconded by Osterholt, to approve the revised site plans for Crosstown Baptist Church at 6500 Baker Road contingent on items of the May 18, 1578 Staff report. Motion carried unanimously. E. Report of Director of Community Services 1. Anderson Lakes Joint Master Plan Penzel stated he would like to see a memo from Staff on pertinent details. MOTION: Osterholt moved, seconded by Penzel, to continue the Anderson Lakes Joint Master Plan to the June 20th Council meeting. t . Council Minutes - 11 - Wed.,June 7, 1978 E. Report of Director of Community Services (continued) 2. Renewal lease for Eden Prairie Stables Director of Community Services Lambert explained this item has been before the Parks, Recreation & Natural Resources Commission a number of times, and referred to memos dated April 14, April 28, May 12 and May 23, 1978. Lambert noted the staff's reconmendations are included in memo dated May 12, with the deletion of item 6. Osterholt questioned what the City has collected since the Stable has been in operation. Lambert responded $400.00 per month for three years. Glen Lorenz, lessee of the Eden Prairie Stables, spoke to his request for the construction of a 34 x 200 foot addition to the existing arena and because lending institutions will not lend them money to make improvements to the Stable, he is requesting the City to do some kind of a financial lending to his corporation so they can retire that amount of money through their lease payment. Mr. Lorenz expressed his feeling that the Stables have provided a service for the area as about 300 people per week use their facility. Council members requested that the matter of funding be looked into for this facility. Lambert stated the City does plan to do some major grading and tree planting and some upgrading to the house. Further that $400.00 a month rent for this tu,.;lity is pretty cheap and there has been nc increase in three years. Lambert explained he could not see making a larger facility without seeing where we are going to be five years from now. MOTION: Meyers moved, seconded by Osterholt, to refer this matter back to Staff for further information about the operations, specifically whether or not the fees as proposed are adequate to cover the improvements to the facility itself and surrounding trail system to the park, how many Eden Prairie residents actually board their horses and how many of the 300 users per week are Eden Prairie residents, whether or not the Stable has increased any of its rates over the past three years, and that a report be supplied to Council members on fees charged and expenses incurred. Continued to the June 20, 1978 Council meeting. Motion carried unanimously. Donna Williams, 16600 Luther Way, stated she feels insecure boarding at the Eden Prairie Stables not knowing what is going to happen in the future. 3. Bren relocation assistance MDTION: Osterholt moved, seconded by Meyers, to pay $10,935.79 for relocation costs to Harvey Bren. Roll Call Vote: Osterholt, Meyers, Rye, Pauly and Penzel voted "aye". Motion carried unanimously. 4. Receive and award bids for 2 tennis courts at Forest Hills MOTION: Osterholt moved, seconded by Bye, to award bids for 2 tennis courts at Forest Hills to Bituminous Roadways. the low responsible bidder, in the amount of $13,025.00. Roll Call Vote: Osterholt, Bye, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. ..1 Council Minutes - 12 - Wed.,June 7, 1978 E. Report of Director of Community Services (continued) 5. Approval of tennis court grants - Prairie View School and Round Lake Park MOTION: Meyers moved, seconded by Pauly, to approve the tennis court grants for Prairie View School and Round Lake Park as per Director of Community Service's recommendation. Motion carried unanimously. IX. NEW 8USINESS A. Resolution relative to establishing Minnesota's Park and Recreation Week - June 11 - June 18, 1978 MOTION: Pauly moved, seconded by Meyers, to adopt Resolution No. 78-108, establishing Minnesota's Park and Recreation Week - June 11 - June 18, 1978. Motion carried unanimously. X. ADJOURNMENT MOTION: Pauly moved, seconded by Meyers, to adjourn the Council meeting at 12:07 AM. Motion carried unanimously. • lj�+� r/ Co Tin tJ June 3,1978 - We, the undersigned, petition the Eden Prairie City Council to have our drainage problems reviewed. There is a drainage ditch run- ning through several of the back yards in the Prairie East Additions 1 and 2. This ditch has twelve to eighteen inchos of water running• very rapidly through it for two or three days after it rains, and steadily for approximately six weeks during the spring thaw. We do not feel it is oonsistant w th good city planning to drain all the water fron all the streets in our area through several back yards- overland. There arc many young children in our area, and this ditch presents a tremendous liability problem. In addition, the ditch is unsightly and, we feel, greatly devalues our properties. In summary, the drainage system the city approved for our area is in reality a very inadequate, dangerous, and unsightly ditch. We are all very much concerned-those of us whose property is involved, and those of us whose children live and play in the area. We propose: 1. That no developing be permitted in the Fourth Addition until we have a written commitment to have our streets • connected to an underground storm sewer system. 2. That no multi-family dwellings in Additions 7,8, and 9 be permitted unless those streets also arc connected to en underground storm sewer system. )1- >cJ '1'lli //o " ig:// („ (.?{Lr' D-A/1;16,,, • !l{ 3 4;.c.:---,- (2., . ........:, . _,..,.„....,.... ,,._,..,.. . .. -2,, ,,,,,4,-,-,_,..‘,,,,,,,,/, , , ,....-J.,,,,,..,..,,,,„.,,,, 3 Ill.-ha, j 3 . , Cfi. J�f 4:U.i' U`� 0 / x zai YU 6,,,, , s _ , 3 ,. ,.....„ A,.,,,z_,..,./..% ), (-7, -,-- 3 ,_ ...„.„....., ..„..,..„.„.._...., .: 3 33 3 • . . . : 3 . . . . • /549 • • MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services 'NA— DATE: June 15, 1978 SUBJECT: Neighborhood Park Sites Franlo Road and County Road 1 At the June 7, 1978 Council meeting, the Council discussed acquisition of a neighborhood park site in the area of Franlo Road and County Road 1. The staff had provided information on appraisals of property in that area and made a recommendation on an acquisition price with Hustad Corporation on a 20 acre park site south of County Road 1. The Council was not satisfied with the proposed price of $8,500 per acre, nor the proposed downpayment of $70,000, and requested the staff to come back with another proposal. It may be easier to determine how much the downpayment should be by reviewing the amount of money that has been collected in CASH PARK FEES from the developments that will be served by that neighborhood park. Therefore, I have listed the developments that have been approved in that area and listed our estimated CASH ^ARK FEES received from those developments and the amounts to be collected in the future. • f #� ., G N inH ..7Q N W.0 ..0 .0 4 U 00 {M�1 1 00 �I N We 0 O O ���� [ u o 0 0 in o O O 0 O O In O O O O O In In In O CO 10 O 0 0 N 0 O O O O O N to in O O 1/1 0` h N in µ)02 ) at O a O M O 10 10 O 17 a IA 1 O 0 .-4 N 00 a etc: . . . . . . . . . . . .. pp 00 O 10 O N N N.••1 'd' 10 in .•1 in 0 N a O X F .� .t .t .� N et VI 49 49 44 49 in in N 44 •'t4 44 44 49 44 •1 1 49 44 44 0.41C F 0 II II II ii n n n n n n 0 11 n n x ~0.: 0 0 O In O In O O O O in ill in in O m5 0 0 N O O O On n NI t N N N N N N-. N N N N IA. VI V 94 in in 44 44 44 44 4449 09 09 44 h O w ca CV0 0, @ CA 69 CO @J CO CD 0 do to 08 0 0 7 O 14 ••- M O a O N O N M G M on N O 03 0 .4 0 M 10 10 CO IA 10 .t .••1 .••1 N N '•I s O N Et z v N N 00 4, a n - W g 0. a 0) O OF {>� O .. O • tU 0 0 O O 0 O N 0)in 0 �. U..X 'O 1 to in 0 V M N, M L4 7. 10 C. !- .1 N N 99 .1 0) .t 0.U N 4949 49 4 44;ow '.4 II it nn 11 it 11 14 N -a ) 4-,U 1+ 00 Q. O 0 0 O O a h 0 4) U"'I u- M M M M N N N .+ 4) Y 49 49 49 44 49 44 t4 N 1 L . 4 w 0 .•t' O 0 eV 0 Q3, 0 CA Qn , 0 U 0 Q N I. in N O N u1 - .t ft W N ••In N .. .•1 19 N Y x 1C c O a Ca e Ms .t o w w .1 a w ec14 N a o ° w .3 M 0 to Cl O N O N M N 00 N 00 O S X V) M 10 00 10 00 in 10 N 49 ••1 N O t!]�66i N N dU RL tM 49 13 o8 n tM tit W 00 U 84 'p 0 .41 °' o • 1 ... o >.N a .'t N VI O in 8 41 in aM .-1 N WI et N 10 t` N In in VI VI VI VI 0 0 N E'd 0iJ 41 4/ 1-1 1-) iJ 1~ 1..1 .•1 .1 .. d .. 1 FI 44 F 1 1 0 0) N o V1 H 0) 14 0) ..4 .-1 .-1 .-1 .-1 .t 0 LC 0 FI 41 M M td a) M n/ .4 N '.4 •.1 •.4 .1 .1 .a w (... CD 'O U w w w c w w w C s x Z x x x p 0) 0) 0) 01 0) 0) 4) U U U U U U 0 U O P.n O P.N 1..1 •.1 •.1 •.. ..t •.1 M •.0 FI 'ti F. 0/ •.1 '.1 ••.1 ••.1 •.1 0) N M N N ON of E. F. /. F. F. F. F. pa(� [a a qa 0. •{.' U • - • • • • .t .N .ti ..1 •.. .ti .N C S. !. I+ t0 a..O O O 01 M O O 07•t CI F. F. F. F. F. F. 14 0 * - •-1 .•1 ..4 .1 0 . 0 "y"y •'•' Q 0 a 0 0 0. 0 0 a1 0 0 O O O O �7 /:�:/..1 N V)491+4 U)1 19 • Olympic Hills First,Outlot B CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA • ORDINANCE 78-29 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135. • THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ODES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: • Olympic Hills First Addition, Outlot B which property shall be and hereby is removed from RM 2.5 District and shall be included hereafter in the RM 6.5 District. Section 2 The above described property shall be subject to the terms and conditions of that certain developers agreement dated 19/8 entered into between Olympic Hills Corporation and the City of Eden Prairie, which agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City relating to such RM 6.5 District. • • Section 3. This ordinate 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 7_ day of June , 1978 and finally read and adopted and ordered published at a regular meeting of theCity Council of said City on the __day of , 1978. ATTEST: Wolfgang H. Penzel, Mayor John D. Frane, City Clerk SEAL Published in the Eden Prairie New: on the _day of , I978. i 1,�1. i f �i�i,\R,rti�l, 14,I \� .�J ,. y.. , _,!_,.n.oa-2 7,7-;4...,..,,,,,,,' .---, 4e.;ye:•,...183, N..) -:: 1.---- InI.2'FhtK .1 • ��0r.\\\4 \\.\ 2.5 .T.4!.6.5'\ .....'"ege 1: . ---- _-I ja4.-adoir ;> K 1 P 1 . . ,„ _ 1.. .,, issA,,,,,,,r,. !,T"-T-i — 4)10;#1111\A•M•ii, ' ."'"•117:11-5 . r \ •• -1.A.;:_-, :v?,,,,.:,`Ot,-.. 2:ia, **..Z...-,.-s7.;;C;..,,/'.i 1 R h : C % ir3._ . rto PUB I ��..(,,� L,_I y i t I \' L"' '_�WL-22-11 e C2 1 ( _I `. I�t I IDl1STjRIAL III • ' T IPL FAMILY . ' ^- .--- =j--- _,PE N SPACE -� �- :..� T PA K ; ,� 4 r ) 77 ,0" 1 R I �i3 5 e <%, :-,-;Z" ' I )7 1 :::1-7" .‘" -i•••"."---_,:„.........-_-,-!...._.... j qiii.-L-' ,: 1 .:-._"-..":"" ""-"111 '''' ,... ,.,...,. .--\•-...'"Lizji:F.V.2., •'"i ------"' ---- "\ 'i -... ..,_3\ir, , /55�. k.1,...i _ i \ ( ' • " C H- Ctubhouse.., X REMAINING LAND TO BE DEVELOPED BY OLYMPIC HILLS CORPORATION ( See attachment ) — • . . . • .. .. ,. - "I S . . L. in t .....f • S:I 4 Lij • ri • .• : . i A . t ..,a •• . i. CC 1 \;,51 • • . t , $ • . : .1.• Ai ..• 17- il.t'l • . . i , ., • •., •• --., :• . v• - r % .... - . .. . . Ili WIWI! . 0 4• 1 I- . I i if irl' 1 i • , . , 1 • I 11 .-----'---.---r- ...\ ---1,- • •..:1 IA ••••.,__C\.„- "- _____) ::. %,- \ • .. ......... , ::-.-''''' .............„.„....,_•:_i__„_:..., , .,, . . //; ' ----)___) _-•„..„--_-.....---__-:_ _ _____ ) tF----7.--.. , \•,,.,..„,../., ---. ,..-.----------------- . ----.--_......_ .....-=,--;: i ,. -,,q f • • • . -— I • •''• '. 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''''•••••, . •-.; •-:, ..it?- 1:•Z,1: :"',''' ''-; • - ,g••,/ • • • • • t‘.••. , , ,,) 1 ,17/1., 1- „....%' / . . t . . . • 3" I(it;!Pt- ,','?.7.'*''',,,4), . , ,., , •• ,,,,,, ,. ,, .t.:•1 'q• ,__ . ._- ,,.'ilt•I.''L.,,•.? . .____ • .:• .. 4,.... 1 -i-,.'\ . . - . , • /C..,1 '...;.'1.4-i'... 1/e'"I',, •.... • .t'' : 4't .'". •1 ,' i -.,.I• ;:li1.... ; ,'.'... 1. . 'I ". .''15( 7'''''' j---, .. . '.7...... ...' ..‘'• • •' i ii C-, -- -,i.,_ ,..., . . , , 1, I , ,... .•:'I',-I',4..:'.---- .... L •t k„.„ , .• 1- . . , '‘UOYAlileCi oy•• 51.i'. --illf, ,il :-." 0 Ip,,l,le./ 1-11i 1 5 - d i k -:---.1,:i.,- (:47,,,'" , -;2:;•• _ i I . . . i t.':i ' ..:.'"/.. •:',-' I 1 ''''' ( •, ' ' ' .. .• • ' . . ' / .... • , 11 , • , . \ , .. • . , , . / / 7:1) ..,. .;',A,7. -,,,,,,, ; • .”,` ---•••\ • -• ,f? . .1 • •• *----....,,, a ,I '' -t -- . ' •' . • • . , 1 ,. _,---e-- ,x. .__.. J.1i_ i .,::11\•!, .1,r .1... .1 .,1- i.._12-..)__1:._ . ,... i • c ___6,1_ '',.-'...,?-1';'•!---'--'-''''''"-.7. '... L.- - . . •, 'i r----- . ! C1///,17'' ck •,...,,;•••..4 .. ..." .. 1.. i 5"5" ... (4 .i . ' I I. . , , . . . . TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: June 14, 1978 RE: MIDB Bonds - GELCO • • Gelco Corporation in conjunction with their anticipated expansion is requesting the City to grant preliminary approval for a $1,000,000 I.R. mortgage to finance a part of the expansion. They expect a total project of $6,000,000 and an increase in employment of 600 persons. CITY GUIDELINES GELCO Minimum of $500,000 $1,000,000 2 years statements Furnished ' Dun & Rradstreet Furnished Coverage Y X (P. + I.) 2 +++ Resolution No. 78-110 is attached for your consideration. ♦ ' •r I w RESOLUTION 78-110 RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; GIVING PRELIMINARY APPROVAL TO THE PROJECT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City) , as follows: 1.1. The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and the State has encouraged local government units to act to prevent such economic deteriora- tion. 1.2. Gelco Corporation, a Minnesota corporation (the • Company) , which is engaged primarily in the business of pro- viding transportation and vehicle management services, principal- ly through o leasing of automobiles and trucks, and which now has its headquarters in the City, is considering acquisition of additional land within the City and construction thereon of one or more buildings and acquisition and installation therein of items of equipment, machinery, furnishings and other items of personal property (all such property hereinafter referred to as the Project) , to be used by the Company for additional office space and vehicle parking, and related facilities. 1.3. The existence of the Project would add to the tax base of the City, Hennepin County and the school district in which the City is located, would provide increased opportunities for employment for residents of the City and surrounding area, and would tend to insure that the Company will continue to operate • its business within the City. 1.4. This Council has been advised by a representa- tive of the Company that with the aid of municipal borrowing, and its resulting low borrowing cost, the economic feasibility of undertaking the Project is significantly improved. 1.5. This Council has also been advised by a repre- sentative of Piper, Jaffrey & Hopwood Incorporated, of Minneapolis, • /')'}1 f • • Minnesota, investment bankers and dealers in municipal bonds, that on the basis of information submitted to them and their discussions with representatives of the Company and potential buyers of tax-exempt bonds, industrial development revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. 1.6. The City is authorized by Minnesota Statutes, Chapter 474, as amended (the Act), to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue-producing enterprise, such as that of the Company, and the issuance of such bonds by the City would be a substantial inducement to the Company to con- struct the Project. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds under the provisions of the Act to finance $1,000,000 of the cost of the Project, the total cost of which is presently estimated to be approximately $ [4.0m.on • 3. The Project is hereby given preliminary approval by the City and the issuance of bonds for such purpose and in an amount up to $1,000,000 approved, subject to the approval of the Project by the Commissioner of Securities and to the mutual agreement of this Council, the Company and the initial purchasers of the bonds as to the details of the bond issue and provisions for their payment. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Project, and each bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 4. The form of Memorandum of Agreement relating to the issuance of revenue bonds of the City to finance the cost of the Project is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute the Memorandum of Agreement in behalf of the City. 5. In accordance with Section 474.01, Subdivision 7 of the Act, the Mayor's hereby authorized and directed to sub- mit an Application for. the Project to the Commissioner of Secu- rities for his approval of the Project. The Mayor, City Clerk, -2- • `1• ) City Attorney and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with any preliminary information he may need for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. Mayor Attest: City Clerk • • • • 'i -3- • • • TO: Mayor and Council . FROM: John D. Frane, Finance Director DATE: June 15, 1978 RE: MIDB Bonds - Eaton Char-Lynn The Eaton Corporation is requesting the City to approve a $1,000,000 I.R. bond issue to finance equipment they will be installing in their $7,500,000 expansion project. They anticipate that an additional 90 persons will be employed in the finished project. CITY GUIDLINES EATON Minimum of $500,000 $1,000,000 2 years statements Furnished Dun & Bradstreet Furnished Coverage 2 X (P. + I.) 2 +++ Resolution No. 78-111 is attached for your consideration. • • f / RESOLUTION NO. 78-111 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, t1INNESOTA WHEREAS, The City Council of the City of Eden Prairie, Minnesota has been informed by officials of Eaton Corporation that the Company proposes the acquisition and installation of additional machinery and equipment in its Char-Lynn plant located in the City and, in addition, to expand such plant and to add thereto machinery and equipment not included within the project; WHEREAS, the City has been further informed that the Company desires to finance an amount not in excess of $1,000,000 of the total cost of the Project through issuance by the City of industrial development revenue bonds under the Minnesota Industrial Development Act, chapter 474 of the Minnesota Statutes and that the availability of such financing is an important factor in the Company's determination as to the ultimate feasibility of the Project and its location; • WHEREAS, after appropriate study and investigation of the nature of the proposed Project, the Council has determined the the Project will result in the promotion, attraction, encouragement, and development of economically sound industry and commerce and will thereby assist in the prevention of the emergence of blighted and marginal lands and areas of chronic unemployment within the City and the State of Minnesota and that the City, in assisting with the financing of the Project, will be acting in furtherance of a Public purpose of the City and the State; WHEREAS, the Company has requested the City to issue its industrial development revenue bonds pursuant to the Act for the purpose of defraying all or a portion of the cost of the acquisition and installation of the machinery and equipment which will constitute the Project and to lease the same to the Company for rent in an amount sufficient to pay the principal of, premium, if any, and interest on such bonds; • WHEREAS, the Company has requested that the City indicate its willingness to issue such bonds pursuant to the Act to finance the Project so that acquisition and installation with respect to the Project can proceed; and WHEREAS, the Council has determined that it is in the best interest of the City and its inhabitants that the acquisition and installation with respect to the Project proceed without delay; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that: 1. Pursuant to the powers of the City under Section 474.03(6) of the Minnesota Statutes and in order to indicate its willingness to issue industrial development revenue bonds pursuant to the Act to finance the Project in an amount not in excess of $1,000,000, the execution by the City and delivery to the Company of an inducement letter is hereby authorized. 2. In order to facilitate the commencement of the acquisit:_- and installation of the Project, the Mayor and the City Manager are hereby authorized to accept the assignment of contracts therefor subject to the receipt of appropriate guarantees of payment by the Company. 3. In order to secure the approval of the Project by the Commissioner of Securities of the Securities Division of the Minnesota Department of Commerce pursuant to Section 474.01, subdivision 7a, of the Minnesota Statutes, the Mayor, the City Manager and the City Clerk are hereby authorized to execute and deliver to the Commissioner on behalf of the City an Application for Approval of Municipal Industrial Revenue Bond Project such Application to be substantially in the form attached hereto as Attachment II, subject to such minor changes, insertions and omissions as may be approved by the Mayor, the City Manager and the City Clerk and the execution of such Application by the Mayor, the City Manager and the City Clerk as herewith authorized shall be conclusive evidence of any such approval. • j �1 4. Subject to due compliance with all requirement of law, the obtaining of all necessary consents and approvals, and the negotiation, execution and delivery of mutually agreeable definitive documentation, the City, by virtue of such statutory authority as may now exist or may hereafter be conferred, hereby authorizes the Mayor, the City Manager and the City Clerk to take any and all further action and execute and deliver any and all other documents as may be necessary to issue and deliver such proposed industrial development revenue bonds of the City and to effect the undertaking for which such bonds are to be issued. Adopted this day of June, 1978. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA By: Title: Mayor (SEAL) Attest: Title: City Clerk • rlt/jh 6/1/78 COR DIV. CO. (duplex lots) CITY OF EDEN PRAIRIE I-1 NNEPIN COUNTY, MINNESOTA ORDINANCE NO. 78-09 AN ORDINANCE MATING TO ZONING AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FDLIIWS: Section 1. Appendix A of Ordinance No. 135 is amended by adding to Section 17, Township 116, Range 22 as follows: That part of the West Half of the Northeast Quarter of Section 17, Township 116, Range 22 and that part of the South Quarter of the Southwest Quarter of Section 8, Township 116, Range 22 lying Southerly of the centerline of State Highway No. 5, lying Southerly and Westerly of the following described line: Beginning at a point on the South line of the North 511.50 feet of the West Half of the Northeast Quarter u, Section 17, a distance of 320.06 feet West of the Southeast corner of said North 511.50 feet of the West Half of the Northeast Quarter of Section 17; thence North parallel with the East line of said West Half of the Northeast Quarter of Section 17, a distance of 168.03 feet; thence West parallel with the North line of said Northeast Quarter. of Section 17, a distance of 79.17 feet; thence North parallel with the East line of said West Half of the Northeast Quarter of Section 17, to the South line of the North • 146.50 feet of said West Ralf of the Northeast Quarter • of Section 17; thence West along the South line of the North 146.50 feet of the West Half of the North- east Quarter of Section 17, to the East line of the West 450 feet of the West Half of the Northeast Quarter of Section 17; thence North parallel with the West line of the West Half of the Northeast Quarter and its Northerly extension to the centerline of State Highway No. S and there terminating; except the West 100 feet thereof, which property shall be and hereby is removed from PS 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 COR TNVESIMENP COMPANY and the CITY OF EDEN PRAIRIE, which agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City relating to such • 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 '.:y of , 1978. i 1 Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1978. -2- rr �1;tip rlt/jh 6/1/78 COR INV. CO. CITY OF EDEN PRAIRIE • 1ENNEPIN COUNTY, pIINNESOTA • ORDINANCE NO. 78-10 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 17, Township 116, Range 22 as follows: The East 399.53 feet of the North 343.50 feet of the West Half of the Northeast Quarter of Section 17, Township 116, Range 22 except that part thereof lying Northerly of a line drawn Southeasterly at an angle of 17 degiees 00 minutes 50 seconds to said North line from a point thereon distant 951.50 feet East of the Northwest corner of said West Half of the Northeast Quarter. of Section 17, which property shall be and hereby is removed from PS zone and shall be included hereafter in the Office zone. • Section 2. The ahnve described property shall be subject to the terms and conditions of that certain Rezoning Agreement dated , 1978 entered into between COR INVESTMENT COMPANY and the CITY OF EDEN PRAIRIE, which agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City relating to such Office Districts. Section 3. This ordinance bewles 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 rh J • ordered published at a regular meeting of the City Council of said City on the day of , 1978. Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1978. -2- pi Y • • COR PUD & 5/5/78 DEVELOPMENT AGREEMENT THIS AGREEMENT made and entered into in triplicate this day of , 1978 by and between COR INVESTMENT COMPANY, a minnesota corporation, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as"CITY". WITNESSETH: • WHEREAS, Owner has requested City to approve a Planned Unit Develop- ment for Office and Multiple uses for approximately (. ninteen ), • - .. 19 acres in the Southwest corner of TH5/Co.Rd.4 (excluding the existing Super America Station), and Owner has requested the City to approve the PUD Development Stage of said PUD with rezoning from PS to Office for a 1.7 acre office site and from PS to RM 6.5 for 48 duplex lots. And Owner agrees as a part of City's consideration of approving the Planned Unit Development and changing the zoning, it will lay out, develop, and maintain said project as hereinafter set forth. NOW , THEREFORE, this Agreement witnesseth that for and in consideration of the Mayor and City Council adopting Resolution 78-91 approving the concept land uses of Office and Multiple and approving Ordinance 78-10 &78-D9 changing the zoning of phase one of development from PS to Office and RM 6.5, Owner agrees to construction on said property in accordance with the planning, architectural, engineering, and landscaping requirements of all City Ordinances and will submit development stage plans to the City subject to the following conditions: • 1. .That City Drdinance lot size and setback requirements be adhered to. All duplex lots shall be a minimum of 90 feet in width at the building setback line. 2. That a bikeway 8 feet in width of 4 inch deep strength asphalt be constructed adjacent Lo Co.Rd. on the owner's property at time of utility and street construction according to City Engineering standards with right of public easement. 3. That a detailed landscaping planshowing buffering between differing land uses from public roads be submitted to the City Planning Staff for approval prior to final plat approval. The buffering between the duplex area and T.H.#5, and between the duplexes and apartment site shall be constructed as part of the overall grading of the first phase of development. /5-615 • • 4. That cash in lieu of land park fee be paid according to Ord. 332 prior to building permit issuance. 5. That any deviation from the approved PUD plan , attached hereto and labeled exhibit B. be submitted to the City Planning ;Commission for_recommendation to the City Council for review and ' capproval. -- — — -- — 6. The developer shall submit a finalized development plan, prior to final plat approval or building permit issuance, which shall show proposed grading, storm water drainage areas and direction of flow preliminary utility plans, ponding and floodplain high water levels for 100 year storm and minimum floor elevations for all lots. l „ 7. T-Hat-tha--cdeveloper--shall-,-tfirrough-Ehe-proposed-service-road., provide access-for-both-the-parcel-souttr-of-the-service road_and-east_ A of-lot 1, and for the Super anerica Station... 8. That all proposed construction within County right-of-way shall require County approval before beginning construction. This includes, but is not limited to, drainage construction, utility construction, trail development, and landscaping. A utility permit is required for this work. 9. The developer must restore any area within County right-of-way that is disturbed during construction. _ 10. The developer shall dedicate an additional 10 feet of right-of-way for a total of 50 feet from and along the centerline of CSAH #4. The developer shall dedicate in scenic easement to the City all land which lies on the southwesterly side of a line said line to be no less than 15 feet northeasterly and running parallel to the 872' topographic contour. Scenic easement to be given prior to final plat approval, and would prohibit grading of construction, or placement • 1 of any structure without the prior written consent of the City. • 11.. The developer shall apply for and receive approval for an entrance permit before beginning construction of the proposed access to CSAH 4. Entrance permit approval will be conditioned on the developer widening the existing acceleration taper, along the west side of CSAH 4 to a full width (13 feet) turn lane from TH 5 to the proposed access street. An acceleration lane for southbound traffic from the proposed street will also be required. The developer shall also submit detailed drainage plans with the permit application. 12. Owner shall submit a detailed drainage plan and erosion and sedimentation control plan to the Riley-Purgatory Creek Watershed District for review and approval prior to grading. SGS A I.. . t. page 3 • 13•. 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, whether to be public or private, shall be designed to city standards by a Registered Professional Civil Engineer and submitted to the City Engineer. for approval. The Owner, through 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 and administrative services consistent with current City requirements. The Owner, shall prior to final plat approval, provide bonding or an approved letter of credit covering the estimated construction cost plus 20% for all street and/or utility systems to be owned and maintained by the City. The City shall accept such street and/or utility system subject to recommenda- tions of the City Engineer and a 2 year warranty backed by a bond or letter of credit in the amounty of 25% of the construction cost for such system. 14. That Owner agrees to develop said property in conformance with the plat dated April 4, 1978, attached hereto as Exhibit C. And Owner agrees to promptly file this Agreement with the Register of Deeds and zupply the City Clerk with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of said Agreement. 15. That if Owner fails to proceed in accordance with this Agreement within 24 months and provide proof of filing in accordance with paragraph 13 herein, Owner for itself, its successors, and assigns agrees that it will not oppose a rezoning of the property backto Rural. 16. That the Owner agrees to comply with all applicable rules, regulations, ordinances, and laws of the City of Eden Prairie. 17. That the provisions of this Agreement shall be binding upon and • enforceable against Owner, its successors i and assigns of the property herein described. • • DOUBLE FATILY ZONING• ,. That part of the West Half of the Northeast Quarter of Section 17, Township 116, Range 22 and that part of the South Quarter of the Southwest Quarter of Section 8, Township 116, Range 22 lying Southerly of the centerline of State Highway No. 5, lying .Southerly and Westerly of the following described line: Beginning at a point on the South line of the North 511_50 feet of the West Half of the Northeast Quarter of Section 17, a distance of 320.06 feet West of the Southeast corner of said North 511.50 feet of the West Half of the Northeast Quarter of Section 17; thence North parallel with the East line of said West Half of the'Northeast Quarter of Section 17, a distance of 168.03 feet; thence West parallel with the North line of said Northeast Quarter of Section 17, a distance of 79.17 feet; thence North parallel with the East line of said West Half of the Northeast Quarter of Section 17, to the South of the North 146.50 feet of said West Half of the Northeast Quarter of Section 17; thence West along • the South line of the North 146.50 feet of the West Half of the Northeast Quarter of Section 17, to the East line of the West 450 feet of the West Half of the Northeast . Quarter of Section 17; thence North parallel with the West line of the West Half of the Northeast Quarter and its Northerly extension to the centerlin; of State Highway No. 5 and there terminating; except the blest 100 feet thereof. OFFICE ZONING The East 399.53 feet of the North 343.50 feet of the West Half of the Northeast Quarter of Section 17, Township 116, Range 22 except that part thereof lying Northerly of a line drawn South- easterly at an angle of 17 degrees 00 minutes 50 seconds to said North line from a point thereon distant 951.50 feet East of the Northwest corner of said West Half of the Northeast Quarter of Section 17. EXHIBIT A, COR PUD E Rezoning Agreement page 1 of 2 • FUTURE MULTI-FAMILY ZONING That part of the West Half of the Northeast Quarter of Section • 17, Township 116, Range 22 and that part of the South Quarter of the Southwest Quarter of the Southeast Quarter of Section 8, Township 116, Range 22 lying Southerly of the centerline of State Highway No. 5, and lying Northerly and Easterly of the following described line: Commencing at a point on the South line of the North 511.50 feet of the West Half of the Northeast Quarter of Section 17, a distance of 320.06 feet West of the Southeast corner of said North 511.50 feet of the West Half of the Northeast Quarter of Section 17; thence North parallel with the East line of. said West Half of the Northeast Quarter of Section 17, a distance of 168.03 feet; thence West parallel with the North line of said Northeast Quarter-.of Section 17, a distance of 79.17 feet; thence North parallel with the East line of said West Half of the Northeast Quarter of Section 17, to the South line of. the North 146.50 feet of said West Half of the Northeast Quarter of Section 17; the actual point of beginning of the line to be described; thence West along the South line of the North 146.50 feet of the West Half of the Northeast Quarter of Section 17, ito the East line of the West 450 feet of the West Half of the Northeast Quarter of Section 17 and its Northerly extension; thence North parallel with the West line of the West Half of the • Northeast Quarter and its Northerly extension to the center- line of°State Highway No. 5 and there terminating; except that part thereof lying East of a line and its Southerly extension drawn Northerly at right angles to the South line of said Southwest Quarter from a point thereon distant 951.50 feet East of the Southwest corner of said South Quarter of the Southwest Quarter of_the Southeast Quarter of Section 8. __-- Exhibit A, COR , page 2 of 2 /565 . . • . , . !- 6 k.• . . c tf E: ' 1,..65i..: r:c, 1 • !, , • 0 . .• .......---..._.......-r. . . •if i , r .-• it 1%if• I 0;5 t•-"••.•1•4(•* • ; s •!':!•7/i *;( ,,-- "----_____zt ; •,.. . 1 . 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''' ,: /•il E.i i \ i ii g - i: •, • - •t I ...-1---,,-1,11i;._:, , -- ', r— -.. ... . , :• 1, il 6 ti• If" ••••....! s.•.....=-7•j-47711 j- I-4---- • >Ili 1 441 . . 1 -- 1,1..4,,.1.,,,,,,,„ , , --s .. r \ .,!1,! 1 . .2:,,,,,, -.-.--s.4:1, .,.....—... .,_.,....-,_4_1 . - 4. ..,41:,•• ,1 , I t4 1. , ...... r-T---a I, • : -. -- ..7....,_71N . it I ••• 1- ---•:. ,l• „,,---••••71.-- --•-••••,---10....0-41.T010.-amidA '---...1--,,,tt.._-:-' ' - i';:-...,...._ :-..c;--••••=•,--:--..- ;ill•Ae /,' . \ •.,.• 1..., ..4, ;••• ' • ---•--- 1 11 ';i -:-1 '- 4. 1 ..I Li t . 1 I --r,• l't • • v 1.1,1-‘1:i•• .1,1,1....j1 r I 0:. ;! • 5.:, ,.-'.•4 r'z ; ! . ,----,,•, ,,.,. ,i,, ____- rili\ • ,, ., -, `A'r J•.. ;:•.1 5 I, , ..:,•-,-__• , ,/,,,,, :' .)1 . . ., •. ,. , ,,,, ,,•. . . , . , , r# W. 1,1 0,,• •:. 2 t ' • ..,.....- I L'' :t'' s -..,. - - ‘:..;.s. \ I• :1 t.till.-----• . ''.. 4 - • / .•Z-..:1,,. :, k J•:;,:::-,s,----,-,.-„--, \\,/ .,r-_,..„ 1 , . • , .....-. i. 1 zi • C-0.Rd. ;i4 . ......._,........,. ,• i . - --___ . • . ___ .... : ((,-------A-- • .--.' ---1-11 -'...''"'--k—:-....S..."' 91 47' . I . • 1.*''•' • ..7'''' 1.1.— .'•. 11 •• 1 i • :11 .1.1 ,-i . Ai g . • I . ____,_ , • •/.. E I . : • /56 6 j) REZONING AGREEMENT , EXHIBIT B or dettalootrant Pitii) • . : page 4, COR Invt. • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corpora- tion 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 H. Penzel, the Mayor and by Roger K. Ulstad, the City Manager of the city of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. 'Notary Public • is6 5 • 1 • • .P • page 5, COR Invt. .. • • jA,v�ec s r�, C 0 R INVESTMENT, a Minnesota Corporation- • of the State of Minnesota • • BY: a e. rc� 7<c , tt=r- P /racy BY: - c i . _:,.--rc. • Its , t.e—;:t . • BY: . -.,, Its v‹,„,�.,.... BY: • i2„4-.!' ///:-t1..� f Its �JcLa.f n C.,----.....C.,----.....The foregoing instrument was acknowledged before me this/r day of ; 1978 by the , and • the , and the , and the on behalf of said corporation / ' , pi,..LA__IL,,,_,- • • • • Notary Public v.AAn ^^^^^• • • +�s ram QUINN () "A. y NENNEPt MI'1 N184 *Canml:eron E Wvvwv�n'w^WWW• •vvw�^ ~n 1 • /So s F . rlt/jh 6/1/78 Hillsborough I & II CITY OF EDEN PRAIRIE ILNNEPIN COUNTY, MINNESO1A ORDINANCE. NO. 78-15 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 26, Township 116, Range 22, as follows: The Southeast 1/4 of the Northwest 1/4 and North 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 26, Township 116, Range 22, all in Hennepin County, (Hillsborough I) which prprty shall be and hereby is removed from Rural zone and shall be included hereafter in the R1-13.5 zone. Section 2. Appendix A of Ordinance No. 135 is attended by adding to Section 26, Township 116, Range 22, as follows: The North 1/2 of the Northwest quarter of the Southeast quarter of Section 26, Township 116, Range 22, Hennepin County, Minnesota, (Hillsborough II) which property shall be and hereby is removed from Rural zone and shall be included hereafter in the Rl-13.5 zone. Section 3. The above described property shall be subject to the terms and eoxlitions of that certain Rezoning Agreement dated , 1978 entered into between THE PRESERVE, a co-partnership consisting of Carter & Gertz, Inc., a Minnesota Corporation and The Minnesota Gas Caupany, a Delaware Corporation and the CITY OF EMI PRAIRIE, which agreement is hereby made a part hereof and shall further ho subject to all of the ordinances, rules and regulations of the City relating to such R1-13.5 zones. r Section 4. This ordinance becomes effective from and after its passage and publication. FIRST REAL) 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. Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1978. -2- • Hillsborough I &II 5-19-78 DEVELOPMENT AGREEMENT THIS AGREEMENT made and entered into in triplicate this _ day of , 1978 by and between THE PRESERVE, a co-partnership consisting • of Carter & Gertz, Inc., a Minnesota Corporation and The Minnesota Gas Company, a Delaware Corporation, hereinafter referred to as "Owner", and the City of Eden Prairie, a municipal corporation , hereinafter referred to as "City", WITNESSETH: Hillsborough I WHEREAS, Owner has requested City to change zoning for a 19 acre site from Rural to R1-13.5 for development of land more fully described in Exhibit A attached hereto and made a part hereof WHEREAS, Owner agrees to develop the afi.:ementioned property in consider- ation of the Mavor and City Council changing of the zoning, and Owner further agrees as a part of said consideration it will lay out, develop, and maintain such project as hereinafter set forth. • • NOW THEREFORE, this Agreement witnesseth that for and in consideration of • the City adopting Ordinance 78-15 changing the zoning from Rural to R1-13.5 the Owner agrees to construction on said property in accordance with the planning, architectural, engineering, and landscaping requirements of all City ordinances and will submit development stage plans to the City subject to the following conditions: 1. Owner agrees to develop said land as described in Exhibit A as 33 single family lots as submitted by the Owner and • approved by the City attached hereto as Exhibit B and dated April 12, 1978. 2. That Owner shall submit a detailed storm sewer and grading plan to the Riley/Puryutory Creek Watershed District and City Staff approval prior to issuance of g grading permit. 3. That the 3.64 acres of land shown as outlot A on the plat dated April 12, 1978 and attached as Exhibit B, shall be • dedicated to the City as scenic easement as part of the main Preserve PUD Open Space requirement. further, Owner shall submit to City staff for approval a protective covenant r. / • . Agreement-Hillsborough I & II page 2 Hillsborough I, continued • which will prohibit incompatible construction and plantings, • removal of natural vegetation, control usage, etc., on outlot A. Said covenant to be approved prior to final plat. 4. That Owner agrees to the cash park fee of $275, as per Ordinance 332, payable at time of building permit issuance. 5. That Owner agrees to final plat all lots with a minimum of 90 feet at the 30 foot setback line. 6. That Owner agrees to adhere to the 50 foot setback from Homeward Hills Road in all cases. • 7. Owner agrees to construct a 5 foot concrete sidewalk in City ROW according to City Engineering standards along Homeward Hills Road from the south property line of Hillsborough I plat to the north property boundary of Hillsborough I plat at time of street and utility construction. 8. That Owner agrees to dedicate a total width of 80 feet along Homeward Hills Road for City ROW. • Agreement-Hillsborough I b II page 3 Hillsborough II • WHEREAS, Owner has requested City to change zoning for a 53 acre site from Rural to R1-13.5 with Planned Unit Development Approval to allow lot size and setback variances from Ordinance 135 of land more fully described in Exhibit A , and WHEREAS, Owner agrees to develop the aforementioned property in consideration of the City 's changing of the zoning, and Owner further agrees as a part of said consideration it will lay out, develop, and maintain such project as hereinafter set forth. • NOW , THEREFORE this Agreement witnesseth that for and in consideration of the City adopting Ordinance 78-15 changing the zoning from Rural to R1-13.5 and granting variances from Ordinance 135 through approval of the Hillsborough II PUD, Owner ..yrees to construction on said property in accordance with the planning, architectural, engineering and landscaping requirements of all City ordinances and will submit development stage plans to the City subject to the following conditions: 1. City grants approval of the PUD approval of single family detached residential allowing lot size variance as per the plat dated April 13, 1978 and attached as Exhibit C; and City further grants the following setback variances for the Hillsborough II plat : 5 foot garage to side lot line 10 foot 1-11/2 story house to side lot line 15 foot 2 story house to side lot line 30 foot front of building to front lot line. except 25 feet on cul-de-sacs. • 20 foot rear of house to rear lot line 2. 'That a detailed drainage and storm sewer plan be submitted to City Staff and approved by the Riley/Purgatory Creek Watershed District prior to grading permit issuance. Agreement-Hillsborough I & II page 4 Hillsborough II, continued • • 3. That Owner shall construct a five foot concrete sidewalk in the ROW of Homeward Hills Road on the west side of the road according to City Engineering Department standards at the time of utility and street construction. • • 4. That Owner agrees to adhere to a 50 foot setback from Co. Rd. 1 and Homeward Hills Road. 5. That Outlot A, as depicted on the April 13, 1978 plat , will be dedicated by the Owner to the City as part of the PUD density tradeoff. All assessments and taxes to be paid by owner prior to conveyance. The Owner must convey to the City a copy of the recorded deed. 6. That Owner agrees that all lots will be subject to cash park fee of $275/unit , payable at time of building permit issuance. 7. That Owner agrees to dedicate 50 feet from centerline for Co.Rd. 1, and additional ROW on Homeward Hills Road for a total of 40 feet in width from centerline of Homeward Hills • Road. 8. That the City's rezoning approval is subject to the Owner obtaining an entrance permit from Hennepin County Highway Department. • Hillsborough I & Hillsborough II 9. That the City Engineer's reports be complied with and that all Sanitary sewer, watermain and storm sewer facilities , concrete curb and gutter and bituminous surfacing, whether to be public or private, shall be designed to city standards by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The Owner , through his engineer , shall provide ' for competent daily inspection of all street utility construction both public and private. Asbuilt drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with specifications shall also be delivered to the City Engineer. The Owner , prior to final plat approval, shall provide bonding or an approved letter of credit coveraging the estimated construction cost, plus 20" for all street and/or utility Systems to be owned and maintained by the City. The City shall accept such street and/or utility system subject to recommendations of the City Engineer and a 2 year warranty backed by a bond or letter of i credit in the amount of 25t of the construction cost for such a system. ? • • • Rezoning Agreements-Hillsborough I & II page 5 10. That Owner agrees to develop said property in conformance with the preliminary plats dated Aprill2th &April 13, 1978, reviewed and approved by the City Council. And Owner agrees to promptly file this Agreement with the Register of Deeds and supply the City with a copy of this Agreement with informa- tion as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. 11. That if Owner fails to proceed in accordance with this Agreement within 24 months and provide proof of filing in accordance with paragraph 10 herein, Owner for itself , its successors and assigns, agrees that it will not oppose rezoning of the properties from R1-13.5 back to Rural . 12. That the property Owner shall comply with all applicable rules, regulations, ordinances, and laws of the City of Eden Prairie. 13. That the provisions of this Agreement shall be binding upon' and enforceable against Owner, its successors and assigns of the property herein described. I) I • Rezoning Agreement-Hillsborough & Hillsborough II . page 6 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY: Wolfgang H. Penzel, Its Mayor BY: Roger K. Ulstad, Its Manager STATE OF MINNESOTA) • )SS. COUNTY OF HENNEPIN) The forcooinu Instrument was acknowledged tefore me this day of 1973 by Wolfgang Penzel, the Mayor and by Roger U''tad, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. THE MINNESOTA GAS COMPANY, a Delaware • Notary Public Corporra`ttion Its om_ bites_-C.- S-1, ems. BY: / ./L''---- = . .,--.c•— The foregoing instrument was acknowledged before me this b eday of . ,,,;,_ , 1978 by %1!..,.ix. 4' E>_��:>> the 1,., /7jr.,,./-,.E7 _ l/_.,,.a• c. .J 4'. . i. and by _ . .. 1�( 7'ci�•:,w,, the I i J o..:�..T <4 ;' t.� � ,�:. o .�. .. on behalf of said Owner. ) C / / '="` JOAN D.LA PORTS Y%+..f :(' NOTARYMUOEIC•WNNESOTA Notary Public l f HENNEPIN COUNTY '� My Cnmmu.,on E.p..ct Nov, 003 } 1 • HILLSBOROUGH I • The Southeast ; of the Northwest 14 and North 4 of the Northeast of the Southwest ; of Section 26, Township 116, Range 22, all in Hennepin County. HILLSBOROUGH II The North 1 of the Northwest quarter of the Southeast quarter of Section 26, Township 116, Range 22, Hennepin County, Minnesota • EXHIBIT A, HILLSBOROUGH I & II } 1•, 1'! 7 • . , . '?.....!..."7,mr.--1-:...".(4•••1,•-t--•,•-n-r-,...--0-,1,- ''''','-TV':1-;`• ""-r."'''P r •'..f."."'•"'"'" A •. • ,••• i . , , — —___—________ • •• • , • •.• .• •(••••_%,-;•:;,_,,_•••,,..!•11*.e.,,..._;...: L.L4,..„•_ :..,..4.4 • ,:........i.. . . . ..,.,. ; •1•1 il-I ,... "•- '..":" •• :40.A114,14A1,11 I-.4.4 ' --- /4/4 4......•W.',•.... /40,446 ' • : .. ....._ .-• 1 l•1:4 . -,, r —..— . .4 0 • • ::.--,.4 •' , ,, . • • ••. ;..,2Z '1 . 11 I ,••'•.."'"-• .•.---..--. • i • A . • 4 . ;'.....",.';' •. . er ' ;'1' 1 \'-‘1---I" :- ---7.-4.---" ----r-'.. '... .;-11.-7..'...) .4" -1-----?:-ILW '- ----;41*.. l''..'/.'.:I:,1.0 • ,.. • • ';'-'z g; /•;.•;; t• i • Ift: :: --E. 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C. ; • 1.1-** sr• -,, 1; t. */ . ,• ' 4 '-r')----- (") ii• . ;.,, ) _-,7 •,..:. , ,,,,, , ,,-" --•- i4 /I 1... 1,1 t. /,'r ' . . .......}, .. 2 Arlf.'•V; 1k 2 if.)\-. • '-/,•,.•:,'1 . 1<< A 1‘•A 1 .. 1'.'\z ,10 . ‘g-1• '. * ‘`e,' 1\ ''I "!? - 41' ,• ,, • ,•:•.. . k ..- . . ,. , -...., ,.. t 7• -"-i, - -- .t. .. - .Z''' 7-. (1) , •.. * x v., -- „ I)z. ...zi' It Iji-' • , ,, C I t! .:- • i ,11% ' 1 • . • ..----- ' e i: - tA7 •• ; ', • , •:-" , r1 t• .. !) f*, • ' _ .\•: ‘. • si.-°.r.-:,"1. t-1 I '..\. . • ,'.:•-• i . .., s . • : - ` V-r,r2,,,f.'". ;- i TT"; .:F. :41i...:..-t-.: ,f)b• . '...- t '1\•itif * I 1 .....: "."i'•1* I 5 . • t:1 Itiii ;:t ft i ;_., • till---c ,. ;.- ..!•,......t • -I V' c i : ••• tit 2,•:,•, f,. •1 -• * ••• L- ' zil is a 1,Ciliti 7. li.,• ; 1' g '- .4 •• ••• _______ PRELIMINARY PLAT OP HILLSDOROUGH SECOND ADDITION exNre/T C, • leR: TNL PRCSLRVf -- —•faaf..+t:,7.r'ri-._-r., .� _`-=^^- -4 •vrrr2i.- R4 may...:,;._ : .;., . `tPioN5 -rlrarc - lolN RPA.R.L,A/N. t_. • r.^r'1 T-i:.-1.:.—. —' __ ti-..: . 7*-11. `t a !LW wT : .� .it` .`,.` .. TF�,� 1 r _ • .arm-_ -- -�:i_ \-..\ -?�\ ,,`-jam > l''--' :I. 4. rr /+vt.,.+.' - -t i ”e“ . 3 . r.i „ 1 :: i i ,‘..- 1 .',...:4:-.1',...1- Win' i. �•. ;'. —.. 't` } i I'' .• '} I i • E • .`, 1714 r 1_J,j_ is .t as ��r v�. ,. f f '�:rt I r 1 ' -1. µ'. f t ., ,` 1 1 I Ala \ I 0 �aa; • y 5 C . I 1'f) w +..!+.._, r. •,. .1 . . . .: ...,..w......,: . tPf nth, 1'7. . r • ,, .,..,-,,,a--.: -.. ,...:•-•- --- -'.•".----;• ..v• ,.,,,, -_,-.../•:_,....,,, i.v,r.„I,Aw.,a 77 .., f � # 7 1 1--- 7-0 A N'LOr1 11,3 r7r,rt l-• - '.. ,f.1 \'• \ •� - \, GALA:A:C 7J AC,a'S 11 / \ / '.\ / r .-I . ._.��, _ ROAD....III,AIM Arta, • / / Y: I . I,✓ i • ♦ f ;. ,• Prairie East 4,5,6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINN. ORDINANCE 78-22 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance 135 is amended as follows: • See attached Exhibit A Which property shall be and hereby is removed from Rural Zone and shall be included hereafter in the RM 6.5 District (5th Addition), and the R1-13.5 District, ( 4th & 6th Additions ), Section 2. The above described property shall be subject to the terms and conditions of that certain developer ' s agreement dated 1978, entered into between Hustad Development Corporation and the City or Eden Prairie, which agreement is hereby made a part hereof and shall further be subject to all the ordinances, rules and regulations of the City relating to such RM 6.5 and R1-13.5 Districts. Section 3. This ordinance becomes effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this day of , 1978 and finally read and adopted and w — ordered published at a regular meeting of the City Council of said City on the day of , 1978. Wolfgang H. Penzel, Mayor ATTEST: John D. Franc, City Clerk SEAL • />>•), I i�►,p�0✓.P., —nn�.— p..Y> i..'Qa ►.. p � 9 pn^✓ inn pp- II `:: Esc ' 9N`.: �g:1- :e'' ,fr—'ate .� .n� >o.F4=;.'?_it E. q�o'nO r �-^_c .+��'n'�n ^�.•:1:_�::n:^�go c� _—on_i=wSy. ^Qn �i i `mac> E ' Or.Os c°n-.n_i;I.'.=01. ; p'O•^P-pY O > .. pp ✓ w O' 1 P.n•: g ° w�.n_< � -O • '>°..O O n i :0 a 4%Y Y-Y Y n a O✓� n> gg :e'_ ooe 7o Yg nc�-no4 ,fie Y_:''°- -p .. Wig - 3n ".. oo o.`.i is i°.' - 7- .i..o Rkg c n oo-°.- w ✓ o,n'oa a :•• _1 t Y o. � 8 i- - o� •'o f ;i`—e o i:i R�_ �o,n n o e• o :"nor n'1 e� n »ooi. o^OQ a: Vie- - - -^L_ it: oo>_ q-1 w o acw STY - =M° nn_ ✓.�p7 n not - A]0" -7 n- Y, w°w F- --O-=g:- O O p ova.>.✓. •(�Z„. O Y n ✓>`.O� .. • O n r O+ ✓ n n °O? -' O O<°4 n ^-..� - >•O n n-.O b,n j _S O O n n O u n _- C i ]O C _Y n n -n'p - anCnp On n _a•- - i e - n i n a O it✓O`o u]i ^O O w 3.. _ N, fI o.n-igs, __. — - n n n n — _ G n O Y_ _ $c _ — ;• _ I n ' 'e` O t n n 12 ~ Nc• w Ei 1 "" :co" c i:-;;n st g _;iI8.- 6 �iP -^ ! n ^Viw: -0Toar gS Ow . - •'e _ a .n „`No= i' w S p Y Yii (n>O1 n ✓o n" V >E' >> 2 - > y>^ _ ' •V i n• - ` ^ter , ` t. -. •�i " ii EMIT A Prairie East 4,5,6 i;; 1t � 1 •Prairie East 4,5,6 jmj PLANNED UNIT DEVELOPMENT AND Additions 6-2-78 DEVELOPMENT AGREEMENT • THIS AGREEMENT made and entered into in triplicate this day of , 1978 by and between HUSTAD DEVELOPMENT CORPORATION, a minnesota corporation hereinafter referred to as "Owner", and by the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City for changing of the zoning from Rural to R1-13.5 for approximately 50acres for Prairie East 4th & 6th Additions; and from Rural to RM 6.5 for 16 acres for Prairie East 5th Addition, for develop- ment of land more fully described in Exhibit A, attached hereto , and made a part hereof, hereafter referred to as "the property", and WHEREAS, Owner desires to developed said Property as follows: Prairie East 4th Addition 89 single family lots Prairie East 5th Addition 80 quadraminiums Prairie East 6th Addition 52 single family lots NOW THEREFORE, for and in consideration of the Mayor and City Council of Eden Prairie adopting Ordinance 78-22 changing • the zoning from Rural to R1-13.5 and RM 6.5, Owner covenants and agrees to construct , develop , and maintain the property as follows. 1. Owner shall conform with all planning, architectural, engineering, landscaping, fee, building, (etc), requirements of all City ordinances. 2. Owner shall develop the property in conformance with the material • reviewed and approved by the City Council at its May 16, 1978 Meeting, attached hereto as Exhibit B, and dated June 5, 1978. 3. Owner shall dedicate the 8.15 acre mini-park , adjacent to the 4th & 5th Additions. Said dedication to remove lots 7,8,9 &10, Block 1 , Prairie East 4th Addition; and 3 quadraminium buildings (12 units), • from the 5th Addition preliminary plat, as depicted on Exhibit B. attached hereto. I'i'J"J • Agreement - Prairie East 4th,5th 66th page 2 4. Owner shall grade and seed entire 8.15 acre park site, and install a tot lot play facility and balifield with backstop according to City Park staff recommendations. • 5. Owner shall be responsible for paying all assessments presently levied on the land to be dedicated as park prior to conveyance of property to City. • 6. Issuance of building permits for lots in the Prairie East 4th,5th and Gth Additions will be conditioned upon prior payment of cash park fee as per Ord. 332: $275/ single family unit $200/ multiple unit 7. Owner shall sell to City an approximate 20 acre site located in the southeast corner of Co.Rd. 1 and Franlo Road for a neighborhood park, as depicted in the plan attached hereto as Exhibit C. The purchase price of the parkland to be $7,500/ acre. $7,500/ acre 20 acres x 7,500 = $150,000 $39,300 down payment $101,275.00 credit toward cash park fee from Prairie East 4th,5th,6th,7th,8th and 9th Additions $9,425 to be paid off on or before July 1, 1980 Owner shall be responsible for paying all assessments levied on the parkland prior to the conveyance of marketable title. Conveyance of parkland shall be by warranty deed free of mortgages, encumbrances or restrictions. 8. Owner agrees to plat lots fronting on Franlo Road and Co.Rd. 1 of an adequate size size to permit a 50 foot setback for structures a erected on such lots • • • 9. Owner shall construct along the east side of Prairie 6th Addition, along the west side of Franlo Road,a 5 foot wide concrete sidewalk according to the specifications of the City Engineering Department. • 10. Owner shall submit for review to the City Staff Articles of incor- poration, bylaws of the homeowner association and the declarations relating to Prairie East 5th Addition. 11. Owner agrees to upgrade Franlo Road, according to City Engineering requirements along the Praiiie East 5th and 6th Additions. 12. Owner shall build a concrete sidewalk 5 feet in width in the 1)\-1)C Franlo Road right-of-way on the east side along the entire length of the 5th Addition accordina to City inninr•nr cnrrifiratinnr t Agreement-Prairie East 4th.5th & 6th page 3 13. Owner shall obtain grading and land alteration permits from the Riley/Purgatory Creek Watershed District and follow all rules and regulations of said district. • 14. Owner shall submit for review and approval a storm drainage plan including proposed 1D0 year frequency flood levels for ponding areas . Minimum basement flood elevations are to be set 2 feet above the approved flood level. 15 Owner shall submit to the Planning Staff for review and approval a landscaping plan for the 5th Addition as per Ordinance 178. 16. Owner shall remove all diseased elm trees during initial grading of streets and utilities as per the City Forester's recommendations. 17 City grants Owner variance from maximum density allowed under Ordinance 135 to accommodate the following densities: 4th Addition 2.3 units/acre 5th Addition 17.3 units/acre 6th Addition 2.49 units/acre 18• City grants Owner variance from the minimum lot size of Ordinance 135 as follows: 4th Addition minimum lot size 10.000 as per Exhibit B 6th Addition minimum lot size 9, 375 as per Exhibit B Agreement-Prairie East 4th,5th & 6th page 4 • 19. All sanitary sewer, r!atermain and storm sewer facilities, concrete curb and gutter and bituminious surfacing, whether to be public or private, shall be designed to city standards by a Registered Professional engineer and submitted to the City Engineer for approval. The Owner, through his engineer , shall provide for competent daily inspection of all street utility construction both public and private. Asbuilt drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with specifications shall also be delivered to the city engineer. The Owner also agrees to pay for all City • fees required. The Owner, prior to final plat approval,shall provide bonding or an approved letter of credit __ 20. Owner shall file this Agreement with the Register of Deeds and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. 21'. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accor- • dance with paragraph.11 herein, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. • 22. . Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. • 23. Owner represents and warrants it owns fee title to the property free and clear of mortgage liens or other encumbrances except. . . . v f 1 E • • • • Agreement-Prairie East 4th,5th &6th page 5 IN WITNESS WHEREOF, the parties to this agreement have caused these • presents to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY: Wolfgang H. Penzel,'. Mayor STATE OF MINNESOTA) BY: )SS. Roger K. Ulstad, Manager 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 on behalf of said corporation. . Notary Public HUSTAD DEVELOPMENT CORPORATION, a minnesota corporatio of the State otinnesota A 1AME5 1.OSTENSON f,, � • s u NOTARY 4'UFUC-MINNESOfA BY: (/l/ y< NEN N(.1`IN COUNTY .../// G6] Its • STATE OF MINNESOTA) BY: )SS. ITs COUNTY OF HENNEPIN) The fore, g ' strume 0acknnoojrledged Aire me this Aft day of` i#L . 1978 byP ( c ttlj7 the lira. and by the on behalf of said . • corporation. - f Ki ta-kr,,,, 1., ,, P k. ` t � 'Jpn YI w ;w 7 ._ OzYv w n0t n �•� ��Pnw ifI.nY R•c op _n-°�n i_ 'nS,o<=iQ ^'.'fin':o:oe z :':.`,��'�".;n" ��n 9 n ., Yoe yypp.� , , w" °v N..�•r io"— _ _ ow vo v :O_n .. .. .. ..oa 0 Ci;...^w0✓-w _ --.°;b. w$na^ w.r.i i n w "i.n w a.... -0}.n O s t.i n ,Y � ;b : :: E ; S N_ Y O»+s 0 9� Y P O r O n ". '. a"✓ .. -i n C: °:ri"l n g 1. - C" r� n --_y o I n i n - - 1. p,a ur , G i° -° 7 « nF w 6 t ...O_ -y =n n^n - O i...�" ,+.+.^ C n . 3✓^ O n n _" w •1 `s `'a " eon ! ' ";-w rd _e i ,, _ o b -:i -i! .. 7i nos ""'l'-K3 cos _ oo✓ _ ,s;?`;s " i". ...«.O Y h 0 Y' -",3 in w Y P. ` n, n O " _ tni P ,31 �O1 2 p�i O O w n -O w b^b w it>G O rS:�pppon _ n P- _ T n c.•i O J « O O n P7 • ;0€1:74g O^O•v _O-Oii- _4 TOn0,,0•C *i."- �-a--&-. .[. . n Y ✓ n . ., l w WW • • • r 0 +w ✓ O O P ^ g n .,n., o` s �Y..� <' " ss0^9oc °'- conio: ' _ ;o _ nn udr,in]iiniz;HE-Nii, ij.2, r,.! �� o. n'e9 c.._ 0 . 6 - - .• cH , -1 iTqfil, pE ,7:'o_,:•w:7.l:•'g17i„r;;."-:.::r,:i.t,.';;•:,,,ga2:,,...i..r:.wT,!7:,0:F..,::i.;4r.. t. :" « _ w :L" " _n ". N .; a q OHS _ _"?.:n -rt".0. - - _Oa 'n _ _ - _ „ " COpn _CO-1 "nF Z jW O v).n n _ _ _ _ V_ n 0; .], _ _ o n O c_ -;y u p- _ 6 2 Y 0 _ ^b ' n n n - _ i 0 C- O -3oz n w_ _ Y O. b1,- _ 2-o u - n a p e::t w w O n n . . n n 0 r n n A 1;n o - r_ j .n P-s " - : Pn - . _: noz sa roc' 1 o o ., . „<_ ot =of « ` p; w^ TOO •` • Vi • EXHIIIIT A Prairie East 4,5,6 • 11111 G • *< ;i :.. : ..) ,,,,,..,,,,‘,,.. ,..,.... .. .,i...:,,,,_, 1 . .„;. ,_,,. . . ; i ..;,.> ',Ikk -,'t-'I .‘, .-.7:.-:' 'Z:."'; .---. //) 11 r ii, va a Kfito Y _. f -f 1 f '/ V bi i � i_-3 [ 1 = a' t '-\ [yF."- - •{. • = i s - -' \"�7-. ;:sli,:\.: : ,....:IL 14..r::',: ' t'-t,:--:'-r- �• I 1 �I >l V 1 ��JY r. 4 Lam%�'C\. C ) 11 G. _.,:g7 /„' IA •i,'•:s.-':.i -s-.11"I.,': . '•-. i ,,-:,: ! i,-----_ __,_.:. -,L.J. -Is- ..7,.-'—' :yS('.�.4\;' --( 4__-Y.r'_" o'• ____ 1. f' I-1r ` ';/ / P :',C` ;:'i.�i� ^_i.,;'�'� , • „ , IC' • ..ice..., \ in�.�� oy Y lok , r . , .. g o Ll . n- t--- i� � : ,a. •( r'--t f g r_ • A??RilisALf - Nov. 17, /977 • • • V a �r \ • Y F 'CIT.' I �\ w 4-.4-��,t t.a .-,-I. 7 yit.r.sa.na.snmrmatamma*. . • •• - 'ti \tQV ' Ia '.iaasr . 7fI y i i Ij = � . /t` / 1 t '1 �- 1-ri��Y, .r-, L. c / s �1 i > maaan+s�60, I \ —=- -rtaaa.caa� I i 1 �; QI (n�f`,I T�;: ti • l_i . •' O , I IJ E1 '." ' t -Ta__ I 1 I ; I� - \ t)b_l i._!___ Y A mtanmatsn .' L �%�` Re F a I . -soawYa.../ V,,./1,=` 9�(ii•1 , `C� [usao_ a�a, 1 or—. --\ `�- 1 t ,may' �7 ..tr. - y PF - 1 �.. Oath FAO (� qq....i !-,:fi-,',.2.11,_,,.., ._ _ ''.. •„," 4k • E .�.,' • ••rsmrare ...J ':.Sly .,.. _r 17.` ...'...........i.-...... I. 2��`-ario • t. . p ` - _ - _- "-,' . . i ..,. I Neighborhood 1; rrr__ .t " runts W,,st 1 :►' \ • i'L. , to ACaA. PARK r- . • 1 1 e _lo, larocaraaamsaanaa • • r 1 ' • -_V Ia*.aav�41 ti J.:: � ' i'i.� ..1 1• ft x: � .,ash L �• o --_. 1 i ' 1-. -- ------,'1 :1_-�7:.) '�_t;i EXHIBIT C • Legal: North'; of the Northeast 4 of Northwest 4 of Section 36 I1)() L • 6/20/78 Super Valu Office PLANNED UNIT DEVELOPMENT AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into in triplicate this clay of , 1978 by and between SUPER VALU STORES, INC., a Delaware corporation, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Owner has applied to City for Planned Unit Development approval on a 80 acre site described as Parcel BB in Exhibit A, attached hereto and made a part hereof; and rezoning' from Rural to Office for a 35 acre site within said Planned Unit Development, more fully described in Exhibit B, attached hereto and made a part hereof and referred to as "the property", and • WHEREAS, Owner desires to develop said property as an office building with adjoining parking facilities thereon, and NOW THEREFORE, this Agreement witnesseth that for and in consideration of the Mayor and City Council of Eden Prairie adopting Resolution 7B-51 approving the Planned Unit Development and adopting Ordinance 78-14 changing the zoning from Rural to Office for the property, Owner shall construct and develop said property and covenants and agrees as follows: • Agreement - Super Valu 6/20/78 1. Owner shall construct and develop the property in accordance with the site plan dated June 9, 1978 made a part hereof and labeled Exhibit C together with modifications required by the Nine Mile Watershed District, Department of Natural Resources, and Hennepin County Highway Department. Erosion and sedimentation control plans shall be approved by the Nine Mile Watershed District before grading begins. 2. No clearing or removal of vegetation other than dead or diseased vegetation shall be done within that part of Parcel B13 lying below topographic contour line 854 as depicted as cross-hatched area shown on Exhibit "C". 3. There shall be no mooring, launching, or maintaining of boats in or on Bryant's Long Lake from Parcel BB. Owner may not construct or maintain a dock, building, or other structure: (a) on, in, or over Bryant's Long Lake, or (b) on any part of Parcel BB lying below the 854 topographic contour as depicted as the cross-hatched area as shown on Exhibit C, except, Owner may construct and maintain one (1) facility for use ui Owner's employees for purposes of: fishing, swimming, sunbathing, or picnicking between the hours of sunrise to sunset, provided that any such observation deck or structure extending in, on, or over Bryant's Long Lake shall not exceed a total of 1,110 square feet, and further provided that any portion of such structure shall not extend more than 9 feet over the water and be no more than 40 feet wide to provide a total square footage area over Bryant's Long Lake of no more than 360 square feet and shall not he at an elevation exceeding 855 feet above sea level, provided however railings or other such restraints may extend beyond the 855 elevation, but shall not extend above the 860 elevation. 4. Additional buildings and parking facilities not now proposed beyond first phase construction shall be in conformance with city, governmental regulations and laws, and Minn. Reg. NB 82 and NR 83 (1976). -2- Agreement - Super Valu 6/20/78 5. Parking Ordinance 141 requires 825 parking spaces. The City grants Owner a variance from Ordinance 135 to permit construction of 550 parking spaces in connection with the construction of the first phase Only, 6. Zoning Ordinance 135 limits office buildings to 30 feet in height. The City grants Owner approval of variance from this restriction, but not to exceed 47 feet in height, for the first phase construction. 7. A cash park fee of $1,200/acre for the 35.71 acres requested for rezoning shall be paid by Owner to City concurrent with issuance of building permit. 8. Construction on the property shall commence within two (2) years from the date of this agreement. If • Owner fails to proceed in accordance with this agreement within 24 months of the date hereof, this agreement shall terminate upon such date with neither party hereto having any further obligations or rights hereunder. In the event of such termination, both parties hereto agree to execute whatever documents are deemed necessary by either party to restore the Rural zoning status of the property. 9. The nrovisions of this agreement shall be binding • upon and enforceable against Owner, its successors, and assigns of the Parcel BB herein described. 10. Any alteration, modification, variance, waiver, or amendment of this agreement or any provisions thereof shall be in writing and signed by both parties hereto, it being understood and agreed that the City Council of Eden Prairie shall have full authority to enter into any such alteration, modification, variance, waiver; or amendment on behalf of the City of Eden Prairie. j -3- r 1 Agreement - Super Valu 6/20/78 • THE PARTIES HERETO have caused these presents to be executed the day and year first above written. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY: Wolfgang H. Penzel ITS: Mayor BY: Roger K. Ulstad ITS: Manager SUPER VALU STORES, INC., a Delaware corporation BY: frt �!`�'� &�/:er A. C t�iI s ITS: Vice.President & Secretary BY' l )ar.les D. Dugan, Jr. ITS: Vice President & As is ant Secretary -4- PARCEL RR • • • Go•terr,,ent Lot 3 and the accretir.ns thereto. Sectior Township 116, 22. all doncrthed 1,0e1-7r.itm at the Sotattl:;ert corner of said C:overstn-rt Lot 3; t`aenco alor-; th South line of ra,t1 Governrat Lot 3 and Ito extensiot: to a 527: feet ;Jest fro-' the ant uarter etarner of said Section 11; th•-•nce :Zotthwenter:y. defleetire to the left 1'5 to the' shore of r;ry.o..t's Lalie; the:te Northwerterly alonn the shore of card lake to :in intarroctior a:1th th. :ort:lerly estenri"r t 11,' t lire of raid closert:, nt let 7; thence fouth to t..0.7 7soint the 16:an.terly hoordary eor the aLove ,3overr.:-.rot Lot 3 Ir.:, ::ccreti?nr therto has boon nari.c.,1 1,y Juilciol Lard-arks net ot:rnoart tr Torrenf C,,so No. IF,Zital tha ne of tho .-117ovo ' vernnent 1..rt and ao"retiont• ti;••rotta for hen.c. :narked b,•„, :111;7.1cial Lant.E.irIs set oursuant to 'Dorton ro, .!(744. - That part of r;ovorr-rant --ot 4 and tho ac,7retions t'noretc, and that rart of the ;:ertha,tert L,outhaast ..luarter, 11(., • 2:% a ri ioncr.C:Noa ai, i.eqinainr; at the intorrectinn t-,f the i:ast and •:est tarter tine nf 7“-0.71 crier, a line ,1r-awn •:,,;ral:ol with arA O. feet Wort. rcasur,,iat racLt. [lac, iannt line of said Go'.':rr. nt Lt 4; th,noe lest sala East quarter It the ::-.7,rth,oact corner of r•aid ,:f the nonthcast enc. 5eoth tIen thc :lett 1ir,n c: said !:ort!.•.:,-•nt .:alarter of tha, ..:::artc.r to the cent•tr line of f."; 1•.:.istt•rly end :outhe,ister.ty alono the carter i .e ccr.i rr,nd to Its intersecti,n iti a line dra-.:r. :::aat lino of C•ovorr.7.,o-t Lot the .:cat of 1..e- ,111:1-.ir•,:t: th,tt-o !:crth paral:ol lino to Cho roi,t. of 'aeetnnio,-;:, exe0p1in; tLat tArt of said ,...:ovefr7-ert :..ot 4 lyano Sewhoaster2y anal lire 0.et,toriled eo7.,eneino at tho S.cuti'.o.ast corner of tho ;tat savf Sr'-tic.-. alcr.7 Zast • lire of or I ..,=ter a '..istance of 122'3.3.: feet; • • t tit? loft 41 doon t;oco•-.:1:;. a "6',.", feet: tancr a ' d,:croe to Ir.‘:, ' vsr" a co:-.tio: of :1 ,,. • • !1:1,.• heroiraft=r • roforia••,-1 ar:1 tar7ont •: •, ":7:te.;1-,--.7 • foe., to ..ho c' 1-...71r:r.!:..-1 of the ho da.,cril‘ed; to-once • rerthea:,tot ,.: at ant:10 .'.1„")-: feet; to:-.co to i . nC 15 if feot5 C 3;0-.,7 a :17., a 1;7FA. ;-larnt on raid lino ";.' distort 117.`, ft-et So...:thaastoily :,ot-t Lonin:'•ine thence f„,otat. th • fTo..n7.1•: Co,:nty • r•ii:.7-1 to th,- Zurtol. th-oeof. ":ho lo=_ato 1:no c dancribd 1--art of tLe by ro.isuant to• -f,o-ta.nn '.7•rt 'That p:irt. of .7,Lid Oov-tT.7-00t. )7-.1 “!, .15 cor-::croinn at. 1.!10 ct-ar-r of aler7 tt. 7.art 11-.0 c! I...; :: •tar.co of 17."::7L-,1 •,•-••-:t to tiro. -ict:ta2 oeit:t hecirolao c•f •o t'r-rco 'of •e left 44. ...... !,floCtIng tr- 7 1 2•• r 1 7.. OrOr,:r• :1 63 7-1.1:-. f t rin?.t. 7:0•:•771-co:, ter,inatinc;. . _ , t Sq CARDARELLE E. ASSOCIATES. INC. 1 • LI wO /al ,( 6440 FtVINfi CLOUD DRIVE • (�11 EDEN PNAIHIE,'i a 5OTA 553W) 641o030 • • SUPER VALU • Parcel to be Rezoned that part of government lots 3 and 4, Section 11, Township 116, Range 22 and that part of the Northwest Quarter of the Southeast Quarter of Section 11, Township 116, Range 22 described as follows: beginning at the intersection of the West line of said • Northwest Quarter of the Southeast Quarter of Section 11, • and the Northerly right of way line of Hennepin County Road No. 60; thence North 0 degrees 01 minutes 29 seconds West (assumed bearing) along the West line of,said Northwest Quarter of the Southeast Quarter of Section 11, a distance of 347.39 feet to the Northwest corner of said Northwest ,Quarter of the Southeast Quarter of Section 11; thence North 39 degrees 5' minutes 31 seconds East a distance of 1250.00 f thence North 12 dew"-ees 56 minutes 14 seconds West a distance of 288.39 feet; thence North 58 degrees $ 43 minutes 33 seconds East a distance of 480.31 feet; thence South 35 degrees C5 minutes 40 seconds East a distance of 75.51 feet; thence South 23 degrees 01 minute 27 seconds East a distance of 1014.04 feet; thence South 0 degrees 19 minutes 10 seconds West a distance of 802.16 feet to 3 the Northerly right-of-way line of Hennepin County Road No. 60; thence Westerly along the Northerly right-of-way of Hennepin County Road No. 60 to the point of beginning:. containing 35.71 acres. a Revised April 13, 1978 M1 • RIGHT-OF-WAY AGREEMENT TIIIS AGREEMENT, made and entered into this day of June, 1978, by and between SUPER VALU STORES, INC., a Delaware corporation (hereinafter referred to as "OWNER") and the CITY OF EDEN PRAIRIE, a municipal corporation (hereinafter referred to as "CITY"). WITNESSETTI WHEREAS, Owner intends to develop an approximate 80 acre parcel of property more specifically described in Exhibit "A" attached hereto located in the City; and WHEREAS, the property described on Exhibit "A" is bounded on the south by CSAH 60, known as Valley View Road; and WHEREAS, the existing right-of-way extends 33 feet from the centerline of CSAII 60 northerly onto Owner's property; and • WHEREAS, the parties hereto recognize there may be increased vehicular traffic along CRAM 60 as a result of the Owner's • development of the aforementioned property. NOW THEREFORE, In consideration of the foregoing and other good and valuable consideration, the Owner covenants and agrees as follows: 1. At such time CSAH 60 (Valley View Road) is improved and widened to.at least a 120 foot wide right-of-way, as part of a road improvement pro`(ect to meet the needs and requirements of • the area serviced by CRAW 60, Owner agrees to convey to the • City a 27 foot wide strip of land which adjoins the northerly limit of the existing 33 foot right-of-way to provide a total of 60 feet from and along the centerline of CSAH 60 where CSAH 60 abuts the property described in Exhibit "A". 2. In the event Owner should fail to commence construction on the property described on Exhibit "A" within two (2) years from the date of this agreement, then this agreement shall terminate upon such date with neither party hereto having any further right:: or obligations hereunder. 3. That provisions of this agreement shall be binding upon and enforceable against Owner, its successors and assigns of the property described on Exhibit "A". TN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed the date first above written. • • WITNESSES: SUPER VALU STORES, INC. ,r . C sil s i JI t Its: Vi Pre id nt & Secretary Charles D. ugan, r. Its: Vice President 6 s[; scant 7 Secretary CITY OF EDEN PRAIRIE By: WoTfgana H. Penzel Its:_21aor By: Roger K. Ulstad . Its: Manager STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this lyz. day of June, 1978, by Homer A. Childs the Vice President and Secretary, and by Charles D. Dugan, Jr. the Vice President and Assistant Secretary on behalf of the Owner. tar Publii STATE. OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of June, 1978, by Wolfgang H. Penzel, the Mayor, rind Roger K. Ulstad, the Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. Notary Public _t_ •• • • • •- „.. • PARCEL Rn • ccrrr.ment Lot 3 and the thereto, Section. II, Townshlp I 16. 3r-.3,-. •22, all "rot-:',..I or ho,71!r.i.r.,1 it tly. Sr..ithtzert cr,rr.er of said Ocverr.:-,•rt Lot 1,7 '.3euth liar ti (7,-wornr•-r-.t Le,t 3 and itr extr,nrior to a 525 foot lief,: frorl tho Zast '.;-uarter corn.er of sa:-.1 f;r•ction 11 t'lence rleflecting to the loft .1o7ro.r, to the' •. Shoro of t.rr.er: t_lo shore ,7,f ••Int,•rrectior the 'jest llne of •. ••.• said r,ov e r r.t Lot 3: therce f.-,tith to tho -'onrt of b,C.7!..^.r.:!-.c:, • bo4rdtry 21n. of ,hove deser!bo Lc,t :!ccrotinr thereto • ha:-; hoeo jultctal net Torr,,ns C--,se 7:o. 16311 !1;.e of the' .1r,vernr:o!-,t L,-t. 1 and • aer:roti-)n:, ti,roto her.n r.iarked :;fst nurse.a7.t to Torrr....r.r, Care . That part 4 or.d thr! ac,--rctior.s ar,r1 that r•ar'. of the Soutlu-,dst • • 111, 22. oll de:;cribod or 1.^,cinnlre7 at the irterrecti,dn c.f.- the -htartor 11 ,-• cf 530•1 iection I 1 -.41').1 a line .11awn with ar.ri 6') feet Teaser, :at ancr"--. fr-:7 et.- rst lane cf said Gov.•r-r.74-_•r.t LQt 4: .• t;,3t East anri colartr ilro to t-..c ::7.rttl'.',013t corner •of raid nt the SeAlthe.-..st thonc., So,ith 2.1,-..nr: the •. 3.1ort lino ...-u,zrtor of thr, .:1.:2-!rter to the cent-mr lino of Co,..--..t•• sj.er.L•c- Lot:t!....eanter.ty alone the .• •lino of to itr, ir.ter.;e<7tic,n a lino drawn So•ut-.-, lir,. of .•.-zoverr.:rert Lot ,„ from the 00 ii I of • ,• 11.n, rei•.t. of • e:,:certin7 to .rxtrt of .otd Lot 4 lyirr: South•-,asteril,, • • ar.,1 al; coo,-.'orirr: at the .7.o...It .e;sst corr.er • of tt,, r..f th.”:ce Zast ii cc' of si• I .; rtor :iir.tar.r-e of ' 0,34 feet: d“lectirri 1.:•ft. Cr, a 'ilf-t•=7..".' foot: t •nr-f• .7: 1. d,--ereo ••• re,.•f.rds ,:rsr-. hi.rei,•ofter 7,2:7,•rv••,i • t,.Irr-er.t. •„ loot to o' of the lire feet: thor.<7,..... -.:.;.:-.,.!t:.e.r.:;terly▪ to poInt ir a It7"..' to 11,..e .317t-irt :r7r .7-c3dt.1,otrlor:•,- !ii of Coe:-.ty to:- 010,1 . .• 1: tt, ',•:•7".,r,rent ••, r•••::-1 of tho '...rorthv.-ert :.3et r“01-Sq.J•3nt to Tn:"1,- '^ n•ar of ..;c:Ira lot .1y".r7 r-astor:.y • ::7:t -•".••••'.•:' el a !1'.^ or ciro at th,- of tcr.-.: cf -7r,vorr-ent It-' ,it:•t 1.7:',7• f•-•••.t. Ic. the' ocntlt. '_le 'ef ttr. loft : tr••77.i: 1 :rt7.,nco :"fleeting r.--,i.or.•.f: ri).1'.. .(-0 I 241. t'i !.,,c7,7-r.::s to • t!ti, •. ... N.S •. .• JJ 6/14/78 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 78-109 A RESOLUTION REQUESTING HENNPIN COUNTY TO APPLY FOR MINNESOTA HOUSING FINANCE AGENCY HOME IMPROVEMENT GRANT FUNDS FOR IMPLEMENTATION WITHIN THE CITY OF EDEN PRAIRIE Whereas, the City of Eden Prairie desires to assist low income homeowners in making repairs to their homes for the purpose of correcting • defects affecting directly the safety, habitability, or energy usage of the property; and Whereas, the Minnesota Housing Finance Agency has funds to be used for such purposes, and will accept application from counties desir' to administer these Home Improvement Grant Program funds; Be It Resolved, that Hennepin County is hereby requested to include the City of Eden Prairie in an application for Minnesota Housing Finance Agency Home Improvement Grant Program funds, and that upon approval of such application, the City and the County will enter into an agreement for operating the program within the City. Adopted this day of , 1978 by the Eden Prairie City Council. Wolfgang H. Penzel, Mayor ATTEST: .,5h` n D. Frane, City Clerk SEAL t ./()) "OFFICES/$950 EDEN PRAIRIE ROAD/EDEN PRAIRIE,MINNESOTA 55344/TELEPHONE 1612150-2262 ..r • • June 1, 1978 Mark Hendrickson Hennepin County Government Center Minneapolis, Minnesota 55487 Dear Mr. Hendrickson: In regard to a resolution from the City of Eden Prairie requesting Hennepin County to include Eden Prairie in its application for MHFA Home Improvement Grant Program funds. I wish to inform you that it is the Planning Staff's intent to bring this matter before the Council ti„ June 20, 1978, Because of the number of items being considered at their June 7, 1978 Meeting, June 2Oth will be the earliest date possible. However, we do wish to continue the grant program and I anticipate no problems with a resolution as outlined above. SinFerely, Chris Enger, Director of Planning • CE:jj OFFICE OF THE ADMINISTRATOR ° A-2300 Government Center •i At u Minneapolis, Minnesota 55487 •:5 ' HENNEPIN J NE I • May 22, 1978 Dear Local Official of Hennepin County Community: Hennepin County will be submitting an application by June 15, 1978, to become an administering entity for the Minnesota Housing Finance Agency (MHFA) Home Improvement Grant Program, Phase III. The Metropolitan HRA, who has served this function for Hennepin County communities, is encour- aging your cooperation with the County for Phase III (see attached letter). Program administration will remain essentially the same as it was under the Metropolitan HRA. An outline of the proposed County administrative procedures is attached. Administration of the MHFA Home Improvement Grant Program by the County will further a coordination with COBG housing responsibilities and with the new CETA weatherization program. Tha grant allocation plan is not yet available; however, MHFA has indicated that funding should be comparable to Phase II. A distribution of the funding schedule will be made as soon as it is available. The County is seeking your cooperation in the development of the applica- tion and encourages your participation in the program. In this regard, you are asked to assist in meeting four application requirements: 1. Resolution - passage of a resolution requesting Hennepin County to apply for Phase III funding. To maintain the application schedule,.this resolution should be passed and a copy submitted to this office as soon as possible. 2. In pections staff - inspector experience, training, and background. As an example, specific information regard- ing background (plumbing, heating, electrical, structural, energy related, other), years of experience, licenses and/ or certifications are requested for those doing inspections. This office additionally requests information on whether • local inspection staff is familiar with HUD Section 8 Existing housing standards. To be eligible for HUD housing performance credit, rehabilitation activities must bring a home up to Section 8 Existing standards. 3. Selection criteria and procedures - the identification of selection criteria and procedures to be utilized during • the grant application process. MIIFA discourages the use of • HENNEPIN COUNTY i)/rl an equal opportunity employer i • LOCAL OFFICIAL OF HENNEPIN COUNTY COMMUNITY MAY 22, 1978 PAGE TWO a "first come, first served" approach. Although it is understood that some communities have used such an approach successfully, the County joins the MHFA in encouraging the selection of an alternative approach. An alternative approach might involve targeting of funds for particular areas (i.e., NSA) or types of improvements (i.e., health and safety) and may take the form of a point system, priority list, or combination thereof. In consideration of the new HUD rehabilitation standard mentioned above, all communities are encouraged to include such.language in their selection criteria. You are also requested to indicate whether a grant review committee will be used and how it will operate. 4. Local Funding Share - indication of the source and amount of local administrative share. Excluding the MHFA set •• • aside, please indicate the source and amount of other adminis- tration funding, i.e., city funds, community development funds, or other. County staff will contact your community very soon relative to the above requirements. The County is looking forward to working with your community in providing housing assistance to local homeowners. Please call the Development Planning Unit at 348-6418 with any questions. Sincerely, rr� Dale Ackmann County Administrator • ot itao a, Ygo 0� �r 'Virg Ct'r�GZ. A Metro Square Building,7th Street and Robert Street,Saint Paul,Minnesota 55101 Area 612.291-6359 May 11, 1978 TO: Local Officials of Hennepin County Communities • SUBJECT: Minnesota Housing Finance Agency Home Improvement Grant Program, Phase III Your community has been participating with the Metropolitan Council Housing and Redevelopment Authority in providing MHFA Home Improve- ment Grants to low income homeowners during the past year. The funds for Phase II will be closing out on May 31, 1973 with rehabilitation work to be completed by August 37., 1978. MHFF. has just announced that additional funds for a Phase III will be . available on July 1, 1.978 and that applications from agencies to administer those funds must be received by June 15, 1978. As in the • past, the Metro HRA will act as an administering agency in cooperation with those communities who are unable to provide program administration • independently. However, in communities located in Hennepin County, such as yours, the County intends to act as the grant administering agency in much the same manner as Metro HP2 has in the past. In addition to coordinating the delivery of META Home Improvement Grants, Hennepin County staff will continue to coordinate the Community Development Block Grant Program funding which includes local rehabilitation activities, and provide technical assistance for rehabilitation programs. We recommend that You join with the County as the grant administering agency for P r,se ZTI of the MH A iicme Inarcverent. Grant Program. Inicr- r.,atich recut low to join, iuncs available, procedures, etc. will be sent to you by the County staff. It has been a pleasure to work with you and your staff in providing home improvement grants to needy homeowners over the past years. We appreci- ate the oo)ortunity to cooperate with you in a metropolitan program, and are always ready to provide assistance whenever possible. If you have any questions, please call me at 291-6306. Sincerely, pi i gt;a /;d:/-- 1",.....) Phillip/L. Kat.0 ) Metro HRA Program Manager • Proposed Administration of the MHFA Home Improvement Grant Program, Phase III County application to MHFA for administrative entity designation must be submitted by June 15, 1978. The program will be administered through the Development Planning Unit/Office of Planning and Development. Admin- istrative tasks may be subcontracted with local communities as was the procedure with Metropolitan HRA. Areas for subcontracting will include inspections, rehab counseling, and preparation of portions of the grant submission package. Details and signing of the contracts will be com- pleted as soon as possible to maximize program utilization. Phase III is scheduled for funding July 1, 1978. The County will provide appropriate staff to: 1. Assist local staff in training and orientation; 2. Provide technical assistance and housing rehabilitation counseling to participants from smaller communities; 3. Prepare income and ownership certificates, file liens. and be a liaison with other County departments; 4. Manage and disburse grant funds; 5. Coordinate outreach program; 6. Coordinate efforts where possible with Community Development housing responsibilities; 7. Provide general housing information as time permits• Presently, each community will be allowed to use 3% of its total grant allocation for administration. The County has developed its budget for administration based on comments from MHFA and Metro HRA. Administrative costs are also supported by a portion of the County Community Development Block Grant. Should more communities participate with the County than presently anticipated and/or the administrative amount set aside prove excessive, funds will be channeled back to the communities. DPU/OPD 5/16/78 • -,l • • MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services"{ L DATE: June 16, 1978 SUBJECT: Anderson Lakes Joint Master Plan Attached is a copy of the letter sent to John Christian dated June 13, 1978. Mr. Christian has confirmed the date of July 18, 1978 to be on the Council agenda. BL:md • I'm - OFFICES I B950 EDEN PRAIRIE ROAD/EDEN PRAIRIE.MINNESOTA 55344/TELEPIIDNE(6121941.2262 • June 13, 1978 John W. Christian Director of Administration Hennepin County Park Reserve P.O. Box 296 Maple Plain, Minnesota 55399 Dear John: I received your letter relating to the joint master plan for Hyland Lake Park, Bush Lake Park, Corridor and Tierney Woods and Anderson Lakes Pa>k: The Parks, Recreation and Natural Resources Commission reviewed the proposed joint master plan in May and the City Council has had it on their last two agenda's but have tabled it each time due to the late hour of the meeting. The Council has indicated some concern on the proposed agreement between the City of Eden Prairie and the Hennepin County Park Reserve District regarding the transfer of Anderson Lakes Park to the Park Reserve. It has been suggested that perhaps you would like to make a presentation to the Parks, Recreation and Natural Resources Commission and to the City Council on behalf of the Park Reserve, regarding the proposed transfer and the proposed development and operations of the park. The next meetings of the Parks, Recreation and Natural Resources Commission are June 19, July 3, and July 17. The next meetings of the Council are June larks, July 5, and July 18th. If you would like to get on next weeks agenda's Recreation and Natural Resources Commission and Council), I would like to know by Thursday. I understand Bloomington's desire to get these issues resolved as soon as possible. I think if you were able to explain the County's plans in person, and answer some questions on a few key issues, we could arrive at a mutually agreeable joint master plan in the near future. • John W. Christian -2- June 13. 1978 I have attached my most recent memorandum to the Council concerning the joint master plan. This memorandum will explain "where we are at" in the process. Hope to hear from you soon. Sincerely, RAPOL*6- Robert Lambert Director of Community Services RL:md • Encl: • cc: Bob Nethercut, Metropolitan Council • Kent Michaelson, Community Development Manager • • City of Bloomington • • • • MEMORANDUM TO: Mayor and City Council THRU: Roger Ulstad, City Manager FROM: Bob Lambert, Director of Community Services L DATE: June 16, 1978 • SUBJECT: Renewal of Lease Eden Prairie Stables At the June 7, 1978 Council meeting, the Council discussed the renewal of the lease for the Eden Prairie Stables. At that meeting, the Council had several questions that they wanted answered prior to making a decision on the renewal of the lease. I will attempt to answer those questions and offer a recommendation based on the discussion at the June 7 meeting. HOW MUCH RENT HAS THE CITY COLLECTED FROM THE EDEN PRAIRIE STABLES OVER TILE LAST THEE YEARS:? Our hooks show the following rental receipts: 1975 - 8 payments of $400 each = $3,200 1976 - 13 payments of $400 each = $5,200 1977 - 13 payments of $400 each = $5,281 plus 1 payment of 581 1978 - 6 payments of $400 each = •$2,400 Total rental receipts = $16,081 as cf June 9, 1978 WHAT IS THE TOTAL AMOUNT OP EXPENDITURES ilLAT TILT. CITY HAS INCURRED OVER THE LAST THREE YEARS? Our books have the following expenditures charged to the Eden Prairie Stables. 1975 - Payroll $396.01 Lumber 6.75 • Lumber 226.75 Sun News - Ad 32.00 Well 140.00 TOTAL $301.51 1976 - NSP (under- $185.00 ground service) Equestrian 368.64 Enterprise TOTAL $553.64 1977 Does not show any Expenditures charged to the Eden Prairie Stables 1978 Does not show any Expenditures charged to the Eden I•rairie Stables The total expenses charged to the stables over the last three years amount to $1,51S.55. I should also point out at this time that Eden Prairie Stables have invested a substantial amount of money into the operation. Those items arc listed on page 6 and 7 of Eden Prairie Stables Proposal. Eden Prairie Stables -2- June 16, 1978 WHAT HAS BEEN THE INCREASE IN STABLE FEES OVER THE LAST THREE YEARS? The proposed beginning fees listed in 1975-76 are as follows: 1. Lessons, private $10.00 per I5 hr. semi- private 7.50 per h hr. group 6.00 per l hr. supervised riding 3.00 per hour 2. Boarding, box stalls $100.00 per month tie stalls 70.00 per month 3. Training, full $115.00 per month 4. Sales commission 10% The 1978 fees arc as follows: 1. Lessons, private $12.00 per 1 hr. semi-private 9.00 per 1, hr. group 7.00 per 1 hr. supervised 4.00 per / hr. 2. Boarding, box stalls $130.00 per month tie stalls • 80.00 per month 3. Training, full $115.00 per month 4. Sales commission 10% HOW MANY OF THE HORSES BOARDED AT THE STABLE BELONG TO EDEN PRAIRIE RESIDENTS? AND, HOW MANY OF THE "300 USERS PER WEEK" ARE EDEN PRAIRIE RESIDENTS? There are 58 horses at the stable, nine of those are school horses, 49 boarded. Of the 49, one horse is owned by an Eden Prairie resident. There are approximately 25-30 Eden Prairie residents that ride at the stable. The Council should take into consideration that Bryant Lake Park, including the stable, is a regional park designed to serve the metropolitan area. We are using regional park money for acquisition and development of this facility and therefore, should not be limiting the use to Eden Prairie residents. ARE THE PROPOSED FEES ADEQUATE'TO COVER THE PROPOSED IMPROVEMENTS? Mr. Lorenz estimates that the proposed improvements to the stable would cost approximately $52,000. The question of whether the fees are adequate to cover the proposed improvements depends upon the amount the fees will be, and how long the lease will be. Mr. Lorenz's proposal of $700 per month fpF 10 years would generate approximately $84,000 in fees. However, Mr. Bye felt that a 21% increase from the $400 in a three year lease was more to his liking. A 21% increase on $400 would bring the rent to approximately $4S5 per month or 55,820 per year. This wool take approximately 9 years to pay off the principal on $52,000. I feel the rent. increase should be based on the improvements that arc done to the stable and if there are no improvements done to the stable, the rent should be increased at least with the cost of living each year. However, if and when we would put the addition to the arena this would add 23 box stalls and 7 tie stalls if it were constructed as proposed. This would generate approximately $40,000 of income to the lessee. Of course, the lessee also has an increase in his costs of feed and utilities with the addition of these stalls. l Eden Prairie Stables -3- June 16, 1978 I have contacted Marty Jessen, Planner for the Metropolitan Parks and Open Space System, and requested information on funds available for improvement of the stables. He has informed me that while he was Director of Community Services for the City of Eden Prairie he proposed $256,000 for development costs at Bryant Lake Park for 1979. In that figure he estimated approximatley $70,000 for improvements to the Eden Prairie Stables. The Capital Improvement Program for the Regional Parks and Open Space System will go to the legislature and 1979 funds will be approved sometime prior to May of 1979. Therefore, it would be my recommendation to provide the lessee with a 3 year lease agreement increasing the lease to $485 per month for the year from June 1978 to June 1979,and to provide a clause for a substantial increase upon completion of the addition if that were to be approved for funding by the Metropolitan Parks and Open Space Commission. I had thought we might be able to complete some major grading at the stables this year, but I have found out that we cannot get funding until next year for any major improvements to the stables. Therefore, our improvement efforts will be limited to installing the horse trails, refencing some of the pastures, and cleaning up the manure piles and a portion of the building that was torn down several years ago. • BL:md • • • MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager • FROM: Bob L:unbert, Director of Community Services -Z41, DATE: June 16, 1978 SUBJECT: Northwestern Bell Request At the June 5 meeting of the Parks, Recreation and Natural Resources Commission Mr. George Soash, of Northwestern Bell, appeared before the Commission to request the City to consider approval of an underground and underwater cable running from the Northwestern Bell Building on 78 Street south to Anderson Lakes Park- way. Mr. Soash explained that because of the tremendous growth in the southeasten part of Eden Prairie and southwestern Bloomington there is a need for additional telephone cables to serve that area of the community. Ordinarily Northwestern Bell would run these cables along County Road 18, hut because of the proposed upgrading of County Road 18 in the near future (6-10 years) Northwestern Bell would prefer to run the cable through Anderson Lakes Park. Mr. Soash presented two possible plans, one would use cables that would last approximately 7 years and would run under water the length of Anderson Lakes. The alternative plan would run from Northwestern Bell building easterly along 78th Street to the Bachman Anderson parcel;then run south across the Bachman Anderson easterly border; thence southerly across the Anderson Lakes to approx- imately the forme. Blacklock property;then w ,id follow a proposed future bike trail paralleling County Road 18 and running southerly to Anderson Lakes Parkway. The Parks, Recreation and Natural Resource Commission recommended concept approval for the installation of the cable, but indicated they would not make a final recommendation until Northwestern Bell provided the City with detailed information on the amount of disruption to the park and the lake bottom. Mr. Soash indicated that Northwestern Bell would hire an engineer to survey and test the lake bottom and that they Would also have to go through the DNR and Watershed District to get approval for a permit. Northwestern Bell also indicated that they would be willing to construct an 8' wide bike path of asphalt,over the top of the area in which the cable would be installed, and that this path would be in conformance to the proposed City trails. I explained to Mr. Soash that he would have to appear before the Council to get the Council's concept approval prior to doing any engineering work in Anderson Lakes Park. Mr. George Soash will appear before the Council on Tuesday evening to make a presentation and to answer any questions the Council might have concering this matter. Bl,:md `,,,,, ili,---...:17-77.".;."---• -- ..-—.. el,•••.•$/$••0 tI\I , ) "..•• $ I . • c/ i 'fi i .'''..'..'•\/•"4s.-. 1: A: ):i (. :N Vi II • ------./ . PI . s-•••••,.-,..- . , / __•,.../..."--- —••• ./. ,,, . 2 . 5 ;; ....."/ ..t,;,):,•,., I '..2.7/.. ::::T:.., .,-'..•., / I. C/ Ir.'° ' I ,,,,,........, \ "/ 7 ./ • a° 2 • • 1 ) \ 3 iff i 71 .11 . :--;.f------- ------.• -------------::;..:-::-_:_-.,-—-:- tti a , ,I ... ---:*/,11 :‘• : ...:I 0 (II 11- • i ; IA r . )r : ,\ r_:, a • ••. c. ,:.• - ne * . I r....1 ) ‘..___ ,., / ,,, \ vz r- : . • - /,•,.....--- •,:- . : iii • -- . .,".• I iIj % 1 .1 C • i • • , iifir! . • • _,f•-j'' , . . • .--- .• ...• • • 3...: , . •• .,r- 1 1• , • \'''... 0,\ i ,,'\ .. . • '. . '--------' i \... . • 1 I _ _....... : ii ! 1,-.--,•J --, . . • : • •• c ...,... .."-: .-. ..., • - 1 .__________,_;•_. . .. . f\ --, .•‘..,....Ara,-(...f.....t) • !="_-\*-•:*: .....N.e.- f).44. .C...... ..5..:•:.,, _.....,_ ,_;.. _. __........N. .:::.. • :: '"(-... f-PSC. -_._. , V...C-211:: rN2:C. • 1 .•r\'`V:: "..'.11 I.—Will, fr4114 -..•- r / (1,,.....$)/•—1. .. - •\-- I\ i KitI.A,Iterl 1CritriT • \ 1 •••: I . cer"!) ( ..- , 1 i •..... . . i .. • . ' . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-112 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 51-319 bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of'contract to NORTHDALE CONSTRUCTION COMPANY as the lowest respons'.ble bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with- Northdale Construction Company in the name of the City of Eden Prairie in the amount of $244,193.50 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on ATTEST: 'Wolfgang H. Penzel, Mayor SEAL: John D. Franc, Clerk • CITY OF EDEN PRAIRIE . IMPROVEMENT CONTRACT 51-319 NORSEMAN INDUSTRIAL PARK 2ND ADDITION SUMMARY OF BIDS BIDDER TOTAL NORTHDALE CONSTRUCTION COMPANY $244,193.50 JOHNSON BROTHERS CORPORATION 262,566.50 BROWN AND CRIS, INC. 266,902.00 G. L. CONTRACTING, INC. 280,026.00 C. S. MC CROSSAN, INC. 286,150.00 NODLAND ASSOCIATES, INC. 290,472.50 MUELLER PIPELINERS, INC. 296,734.50 /')`i-r' • RIEKE CARROLL MULLER ASSOCIATES INC June 15, 1978 Mehileels Carl Jul lie, P.E. t City of Eden Prairie 8950 Eden Prairie Road land snivrynrs Eden Prairie, MN. 55343 RE: BIDS ON I.C. 51-319 NORSEMAN INDUSTRIAL PARK 2ND ADDITION RCM FILE 781001 mailing Dear Mr. Jul l i e, pos1 office he,130 I416ms,miani,uta 55343 Bids on the above project were taken on Thursday, June 15, 1978 at 10:00 A.M. The low bid for the project was submitted by lu:ation Northdale Construction Company in the amount of $244,193.50. 10111not sue,'south hopk mr nono,ota 55343 A summary of the seven bids is tabulated below: e1'935e9O1 Northdale Construction Co. $244,193.50 Johnson Brothers Corp. 262,566.50 8rowu and Cris, Inc. 2oo,902.00 G. L. Contracting, Inc. 280,026.00 C. S. McCrossan, Inc. 286,150.00 Nodland Associates, Inc. 290,472.50 Mueller Pipeliners, Inc. 296,734.50 This bid is slightly higher than the original estimate of $224,912.00 as stated in the Feasibility Report presented March 21, 1978. This difference is due to a redesign of the original storm sewer system and a slight realignment of the sanitary sewer. hopknh,nnnne:ota The low bidding contractor is reputable and has previously done 4,ylotd work for the City of Eden Prairie. Therefore, we recontimend rant,nnt award of the project to Northdale Construction Company. 1.ctt.d mtn1 atu unerd Very truly yours, wo,oun rwrih,nproa m ty,atwn Gregory S ve, Engineer RIEKE CARROLL MULLER ASSOCIATES, INC. GPS:cp June 2D, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION ND. 78-114 RESOLUTION RECEIVING 1D0% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUB- LIC IMPROVEMENTS IN THE CROSSTOWN INDUSTRIAL PARK 1ST & 2ND ADDITION I.C. 51-329 BE IT RESOLVED by the Eden Prairie City Council" 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed sewer, water and street improvements in the Crosstown Industrial Pard 1st & 2nd Additions, I.C. 51-329, at an estimated total cost of $120,000, have petitioned the City Council to construct said improvements and to assess the entire cost against their roperty. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer, with the assistance of Rieke Carroll Muller Assoc., Inc., shall prepare plans and specifications for said improvements in accordance with rity standards and advertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the of- ficial newspaper, and further a contract for construction of • said improvements shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • CITY OF EDEN PRAIRIE, MINNESOTA „ 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL; The undersigned arc all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following describes improvements: • • (General location) X Sanitary Sewer Cronstoun Circle • X Watermain Crosstown Circle X -Storm Sewer fltav,t[•m Circle X Street Paving Crosstown Circle X Other Curb and Gutter Pursuant to H.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements iny] q,0pp_p0• Street Address or other Legal Names and addresses of Petitioners Desc ption of Pr.ixLrty to be Served (Must be owners of record) See legal descri.ptioa attached, narked Q•.car P. Jones and)kitty I.. Jones Rural li.ute P 2 • Exhibits A&l3 comprising Crosstown Zinuemmnn, 1N 5639R Allan U. CerrioxiC Industrial Park and Crosstown Industrial woptc stsij ri __._______ Box 51 • • Pars:2nd Addition. Pharr,_Texas 78577 • Flyip Clcnd Associates :? _ -- c/o Roy Terwilliger • 1080 Eden Prairie Center Eden Prairie, MN 5344 -See attached sheet -Int 2, Block 1, Crosstown Industrial Park 2nd Addition • will not bear any porti,��rfcili "roses costs.costs. All of the properties will be shared pro ratably on a t ivare f&ta,;e h;sis. 33 acres are involved in the affected ounershi7j,,t1�i'en �)c`i�e<f'l estuay computations lxisrd thertvn steep indica an asseh:n ;"2rh,t of' .j-,3,t%{��.sr.•, sable t-TO'V,'iiTleition of-t ie exact sr)u:ere fonts i and exact costs. roject''�jor's request an inutdiate construction of the emt . { shove inprovot - • Council Consideration p� ^ (For City Use) Oscar P. .Tones Date Received tr//>$ 1 Project No. , 1-;,/,try • betty L. Jones /J/f /� 9� Council Consideration Side/•,$ q-f4 :a.r u/11.tiLGir-- }i lea N. Garrison _ r 1 i Rti n- (4(4 47 CITY OF EDEN PRAIRIE, MINNESOTA 100% PETITION FOR LOCAL IMPROVEMENTS • • TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following describes improvements: (General Location) X Sanitary Sewer Crosstown Circle X Watermain Crosstown Circle X -Storm Sewer Crosstown Circle • X Street Paving Crosstown Circle X Other Curb and Gutter Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost fur the said improvements is $120,000.00*. Street Address or other Legal Names and addresses of Petitioners Description of Property to be Served (Must be owners of record) Sec legal description attached, marked Oscar P. Jones and Betty L. Jones 1 ural Route # 2 Exhibits A & B comprising Crosstown Zimmerman, MN 56398 Industrial Park and Crosstown Industrial T rorop Tpp wic StarrParkn r Park 51 Park 2nd Addition. Box Pharr, Texas 78577 Flying Cloud Associat.. Re Hoy 'llerwilliger- 1080 Eden Prairie er. Eden Prairie, MN .55344 �cS i u ATi ✓ �'�� n11n3t� f*ivej , Longview,Texas 75(�U� ,► ��i%7 c(, C,,11 i... M. ll loumin-ri: . *! See attached sheet - Lot 2, Block 1, Crosstown Industrial Park 2nd Addition shared ot beau' any portiq u ctil c e�e costs. All of the properties will be prorat:ibly en a square gotagc basis. 33 acres are involved in the affected ownership ,n4 the r-lvninary computations based thereon shall indie an assessment of n,83 }acre,subject to verification of tfie exact• and exact costs. p Petito is requestsquare foot above int})tY>vrnxntSrolccNO. an immediate construction of the Courial Consideration r • --�_ y� obaa � o�pn % : . .tea \� -_� / \\ n G.r. jy; 4,.- :\••), -.---,--,y 0 :,,',\ d••••••); jp; s, ` 1 ;; •\: ...,.,'.• ' .'''@A ili 'l• '.'.; fr y _; ,)),ii,,.\ i \ ' ��T .% �II�) �� �J wok��1 "off •\ � W f � a � c •, i • Q ra- w oa -- m.N,A•�"-/j 'o r / / -ice ,\ 1 � 2 5 z a. .~ • \ \\, ; � 1 � \ • i ! t ` • • 4 Walt 3• � is\\ , . 0 - �. •: • • ' '7::''''.,, 1;(7;73' ‘91;1.\ ---, {,.1e,-\\\. li '::.1-,,,I -).r...:-----._-,—,-:,,,,'.'-. _/>\.,..\:k . - _ . ,i ' � \ ! ,•,, \ / , w • .�� a _` y1 i l ._ • - ,I 'i ; 1� -, f - �• t \: \\ ,- .4 _ , • ` e l ' / \` �� \i,1' ,`' \ ,�Z.�.• ... 1-_.,i\,'-•r. • ( \ The reserve June 14, 1978 • • Mr. Carl Jullie, P.E. • City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Carl: There seems to be a lot of confusion and misunderstanding about the grading taking place on the Amsden Hills II, III and IV sites. Let me try to explain what has transpired. It was my understanding that the approved grading plan for • Amsden II & III included placing the excess clay material and tree stumps from II & III grading on the Amsden IV site. In order not to handle the excess fill twice, the black dirt was stripped from the areas that the fill was to be placed. There is a misunderstanding between our engineer and Barr Engineering as to whether this black dirt stripping, excess fill and stump disposal was included in our gradinn permit. It is Barr Engin- eering's opinion that this work was not part of the "formal" approval. I have stopped work on the site and have requested r the Purgatory Creek Watershed managers to include this work in their formal approval. There doesn't seem to be any technical problems, only procedural. ;9 It would seem prudent that the City Council also review this situation so that the air is cleared as soon as possible. Please place this on the next council agenda. Very truly yours, THE PRESERVE Lee W. Jofinson Vice President - Engineering .LWJ/jl cc: Bob 0bermeyer, Bar/ gineering 1 UJ 11111 Anuir'son Lakes Parkway,Eden Prairie,Minnesota 5✓344 • (6121941.2001 I TO: Mayor and City Council TIIRU: Roger K. Ulstad, City Manager FROM: John D. Frane, Finance Director . DATE: June 7, 1978 RE: Data Processing Costs - LOGIS Presently we use the Hennepin County computer through a terminal in the City Hall and have experienced several cost reductions in service • charges, however, during 1977 service charges by the County were sub- stantially increased. This in turn resulted in a 15 to 20% increase in service charges to the City beginning this year. As a means of controlling costs, LOGIS investigated the feasibility of purchasing a computer, the analysis shows that owning a computer would provide improved service at reduced unit costs to the LOGIS members. A key factor, however, in proceeding with such a project is assurance of a continued base of users of the system. A decision to establish a computer center for LOGIS will not be made until all alternative avenues have been thoroughly explored and a judgment made that such a move i.s in our long-term best interests. However, in order to permit such a decision to be made, it is es- sential that we establish a firm use. liase for at least five years. If all members continue to process with LOGIS during the five years, the purchase of a computer i.s automatically taken care of by user fees, if one or more members discontinue processing, their proportion- ate share of the remaining debt service would have to be paid in a lump sum since it would no longer be paid through that member's service charges. During 1978 the City's estimated operation charges are expected to total $11,600, which is 4.3% of the total expected LOGIS operating revenues. The five year total liability to the City based on 1978 estimated use will be 4.3% of the estimated total $850,000 maximum debt service cost or $7,300 per year for the five years. Our operation • charges would not change because of the computer purchase, the $7,300 purchase cost would substitute for the rental now being paid for county services. This proposal amounts to establishing a contingent liability to the City which would be invoked only if we discontinued processing with LOGIS. I am satisfied with the way our processing needs are being Chet through LOGIS and do not contemplate changing in the five year time frame. This approach also has the potential of enabling u5 to computerize additional functions without substantial additional operating expense. I recommend the Manager he authorized to accept the pro x)sed contingent liability in behalf of the City. JDF:bq G/7/78 • 1 i. ,/