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City Council - 10/17/1978
JOHN FRANE EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 17, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE DF ALLEGIANCE ROLL CALL I. PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 23 - OCTOBER 28, 1978 AS Page 2503 • LEAGUE OF WOMEN VOTERS WEEK II. PRESENTATION BY THE RILEY-PURGATORY CREEK WATERSHED DISTRICT REPRESENTED • BY HOWARD PETERSON III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS IV. MINUTES • A. Minutes of the Council Meeting held Tuesday, September 12, 1978 Page 2504 B. Minutes of the Council Meeting held Tuesday, September 19, 1978 Page 2510 V. CONSENT CALENDAR A. Clerk's License List Page 2527 VI. PUBLIC HEARINGS A. Bluff's West 2nd Addition by Hustad Development Corporation by Page 2105, Hustad, Dr. & Mrs. Brandt, and B.F.I. Request for rezoning 2290 & from Rural to R1-13.5 and approval of revised preliminary plat 2528 of approximately 194 units on 97 acres. (Ordinance No. 7B-41 and Resolution No. 78-154) Continued from September 5, 1978 B. Prairie East 7th, request by Hustad Development Corporation, to Page 882, rezone from Rural to RM 6.5 and preliminary lat a royal. 1215, 1346, Resolution No. 78-106 and Ordinance No. 78-40 Continued from 1548, 1973, October 3, 1978 2101, 2345 & 2529 C. Eden Prairie Grocery, request by Haakon Nyhammer to rezone the existing grocery store site of approximately 1 acre from R1-22 Page 2530 to Community Commercial.(Ordinance No. 78-200) VII. REPORTS OF ADVISORY COMMISSIONS Council Agenda - 2 - Tues.,October 17, 1978 ;III. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Don Poupard, 6251 Beach Road, to appear before Page 2540 the Council B. Request to waive building •ermit for cabin construction at Page 2543 Camp Indian Chief from MARC (Mpls. Association for Retarded Citizens) C. Request from Robert McCollum, representing Ridgewood Condominiums Page 2547A IX. DRDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-44, Opus II, American Family Page 2548 Insurance Site. Request by Rauenhorst Corporation for rezoning from Rural to Office for .49 acre for additional parking to serve the insurance building and developers agreement. B. Resolution No. 78-202, supporting statement of purpose of South Page 2555 Hennepin Human Services Council Task Force on Family Violence X. REPORTS DF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Discussion on Parking Ordinance Page 2559 C. Report of City Attorney 1. D. Report of City Engineer 1. Consider bids for street improvements on Lotus View Page 2563 Drive, I.C. 51-321 (Resolution No. 78-203) E. Report of Finance Director 1. Payment of Claims Nos. 1783 - 1932 Page 2566 XI. NEW BUSINESS XII. ADJOURNMENT. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • • RESOLUTION NO. 78-201 A RESOLUTION PROCLAIMING THE WEEK OF OCTOBER 23 - OCTOBER 28, 1978 AS LEAGUE OF WOMEN VOTERS WEEK The League of Women Voters is a non-partisan organization dedicated to the encouragement of political responsibility through informed and active participation of all citizens in the governmental process. The League of Women Voters of Minnetonka-Hopkins-Eden Prairie seeks to provide the voters of this community with a unique non-partisan educational service and to foster concern for good government. Therefore, I, Wolfgang H. Penzel, Mayor of Eden Prairie, hereby proclaim and officially designate the week of October 23 - October 28, 1978 as League of Women Voters Week. Adopted by the.City Council of Eden Prairie this 17th day of October, 1978. ATfgang H. Penzel, Mayor SEAL ATTEST: { John D. Frane, City Clerk 2x)3 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 12, 1978 8:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad, Finance Director John Frane, and City Attorney Roger Pauly ROLL CALL: All Council members present. I. CONSIDERATION OF PRELIMINARY APPROVAL FOR INCREASE OF MIDB'S FOR TUDOR OAKS • (COVENANT LIVING CENTERS) FROM 7.5 TO 11.2 MILLION DOLLARS Mayor Penzel requested that the proponent comment on their request for consideration of preliminary approval for an increase of MIDB's from 7.5 to 11.2 million dollars. Tudor Oaks (Covenant Living Centers) was represented by Messrs. Williams, Mortimer, George, Dougherty and Strand. The Dorsey firm acting as Bond Counsel was represented by Mr. Wieser. Suburban National Bank was represented by Roy Terwilliger. Mr. Williams explained Covenant Living Centers is in an embarrassing situation. Under normal circumstances they wouldn't be back before the Council until seeking final approval and issuance of the bonds. They have returned to officially request an amendment of the original agreement in order to accomodate the requirements of Peat, Marwick, Mitchell & Company, the feasibility consultant, and Dougherty, Dawkins, Strand & Edstrom, the underwriter, to increase the bond issue from 7.5 to 11.2 • • million dollars. Mr. Williams stated he feels the Council has a right to expect a full explanation of their current position, how they got there, and what the reasonable future prospects are. Williams commented this is especially true • in light of their need for the Council's action tonight in order to provide for the orderly continuation of the project. Williams further outlined that the accommodation fee is between $19,000 and $36,000 and a monthly service charge covers the cost of providing services and the debt service. When there is a tax exempt bond issue, Mr. Williams stated, the following things occur: 1) a full disclosure of all aspects of the transaction is required, 2) an independent feasibility study helps to reduce the risk of undertaking a project, and 3) a trustee is established at a large bank or trust company which protects not only the bondholders but the residents as well by controlling reserves and guarding against their willfil dissipation of corporate assets. • 2 SOLI Council Minutes - 2 - Tues.,September 12, 1978 I. TUDOR OAKS (continued) The financing plan for Tudor Oaks - Eden Prairie, according to Mr. Williams, includes the issuance of industrial revenue bonds - providing both construction and long term financing - and an interim loan of $6.25 million from Occidental Life Insurance Company of California. On a cash flow basis, Occidental's short-term loan is retired by the receipt of accommodation fees from residents. Attachment entitled "Why $11.2 Million rather than $7.5 million" to be made part of the minutes. Mr. Bye inquired of the City Attorney if there were any legal reasons why the City should have to approve the request. Mr. Pauly stated that he felt the City has no legal requirement to approve an increase in the amount of bonds. Mr. Bye requested information as to why the firms of Elmer Fox, Westheimer & Company, C.P.A., and Dain, Kalman & Quail, Investment Brokers, were no longer representing Covenant Living Centers, and also what cost would be incurred in selling the bonds?. Mr. Williams commented that he did not feel the aspects of their (Covenant Living Centers) relationship with Elmer Fox, Westheimer & Company, and Dain, Kalman & Quail could be discussed at a Public Forum. He indicated the cost of the sale is as follows: Dougherty, Dawkins, Strand & Edstrom - 4.5% of total Elmer Fox, Westheimer & Company - $36,000 Peat, Marwick, Mitchell & Company - $56,000 Bow Counsel $28,000 - $30,000 (Paid by Dougherty, et al) Damn, Kalman & Quail - - 0 - Mr. Williams did come back and responded to the first question stating that a personality conflict developed between individuals in the Dain and Fox firms,which lead the Fox firm to be very critical of Covenant Living Centers proposal,and he felt the relationship would have been better had the Minneapolis office of Elmer Fox handled the account. Mr. Osterholt questioned why a recommendation from Mr. Robert Lapic, C.P.A., was not given to the Council based on his review of the financial documents received. Staff responded that we did not request a recommendation as to whether or not the City should or should not grant approval of the additional request, but only to look at the validity of the information given to the City by Covenant Living Centers. Mr. Wieser stated that as Elmer Fox withdrew from the study and Peat, Marwick, Mitchell & Company came into the picture, this created a situation where it could appear that someone was shopping for a favorable report and accounted for Dain's withdrawal. Mr. Osterholt asked how the monthly rates are structured and how could they be changed. Council Minutes - 3 - Tues.,September 12, 1978 I. TUDOR OAKS (continued) Mr. Williams stated the rates are higher than in Wisconsin: Minnesota - $315 - $425/mo. single $190/mo. 2nd person Wisconsin - $250 - $350/mo. single $150/mo. 2nd person (Has had one rate increase in 1975 of 10%) The cost increases will be related to cost of providing service applicable to Covenant Living Centers. Mr. Bye questioned what happens if the request is not approved? Mr. Terwilliger answered that he would have to inform the contractors to cease any further building, and that in the event the project would be restarted the contracts would have to be renegotiated at a probable higher cost. Mrs. Pauly asked is the $1,500 deposit by residents as a downpayment for a unit held in escrow, and how are the monies refunded in the event of a cancellation by the resident or default by the owners of Covenant Living Centers? Mr. Osterholt questioned what right do the investors and residents of Covenant Living Centers have in the event of default or foreclosure on the property? Mr. Williams responded that the bond holders have the 1st mortgage or lien on the property. The residents do not have any rights legally to any dollars. Mr. Osterholt asked what was the time frame of the original request for $7.5 million and the reason it was not offered for sale? Mr. Williams stated that Covenant Living Centers had to establish a level of sales of approximately 20% prior to the actual bond sale. Increases in reserve requirements were required, and increased construction costs have occurred. The results of these requirements also prevented the September, 1977 bond sale as planned. Mr. Osterholt stated that the City should have additional time to inquire as to the validity of statements made this evening. MOTION: Osterholt moved to continue the matter before the Council to the meeting of September 15, 1978. Motion failed for lack of a second. MOTION: 8ye moved, seconded by Meyers, to adopt Resolution No. 78-110, granting approval of the amended resolution giving preliminary approval to the issuance of MIDB's for Tudor Oaks (Covenant Living Centers) from $7.5 to $11 million, subject to all necessary documents being supplied to the City Attorney as specified,to include closing documents, Articles of Incorporation, and 8y-Laws. Roll Call Vote: Bye, Meyers, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. 02SU( Council Minutes - 4 - Tues.,September 12, 1978 • II. 1979 CITY BUDGET The Council in reviewing the draft proposal of the budget agreed in concept. • however, it was suggested that each Council member could respond to their concerns to the City Manager prior to the next budget hearing of September 19, • • 1978. III. ADJOURNMENT • MOTION: Bye moved, seconded by Pauly, to adjourn the meeting at 12:10 AM. Motion carried unanimously. • • } aSo� WHY $11.2 MILLION RATHER THAN $7.5 MILLION 1) Construction costs were, at the time of pre- limiary approval, only architect's estimates. Bidding took place four months later and construction actually began seven months later. This budget area, when considered with the increased cost of equipping the facility and other cost increases incurred as a result of project_.delays, accounts for approximately $1,600,000 of increased cash requirements. 2) Capitalized interest and other reserves were calculated to be $2,096,000. Based on the accounting and underwriting principles applied to the transaction, $3,998,000 is now provided for these items. •Items 1 and 2 account for approximately $3.5 million in additional project "costs" albeit one cost 'is an in- creased reserve. For comparative purposes, it is enlightening to review the es..imated source and application of funds, as prepared on May 16, 1977, with that prepared by Peat, Marwick, Mitchell & Co. SOURCE OF FUNDS 5/16/77 8/24/78 Inital Accomodation Fees $ 6,621,000 $ 7,400,000 1st Mortgage Loan $ 7,500,000 $11,200,000 $14,121,000 $18,600,000 APPLICATION OF FUNDS 5/16/77 8/24/78 Land (Including Interest) $ 955,000 $ 935,000 Construction (Inc. Professional Fees) $ 8,750,000 $10,350,000 Furnishings, Fixtures, • and.Equipment $ 575,000 $ 640,000 25 X s?g APPLICATION OF FUNDS 5/16/77 8/24/78 Sales/Development/Consulting $ 700,000 $ 1,150,000 Financing/Legal Fees $ 770,000 $ 1,212,000 Net Interest During Construction $ 1,160,000 $ 559,000 $12,910,000 $14,854,000 5/16/77 8/24/78 • Interest Reserve $ 600,000 $ 2,289,000 Operating Reserve $ 336,000 $ 1,150,000 • Operating Capital $ 275,000 $ 315,000 TOTAL RESERVES & CAPITAL $ 1,2.11,000 $ 4,446,000 TOTAL APPLICATION $14,121,000 $18,600,000 - 2 - 25O UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 19, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planner Chris Enger; City Engineer Carl Jullie; Director of Community Services Bob Lambert; Finance Director John Frane, and Joyce Provo, Recording Secretary INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda under the "New Business" category: A. Discussion on Cable TV B. Discussion of property at 8920 County Road 18 • C. Color chart for fire stations D. Side yard requirements for residential development MOTION: Pauly moved, seconded by Meyers, to approve the agenda as amended and published. Motion carried unanimously. II. PROGRESS REPORT ON ROAD ALIGNMENT OF VALLEY VIEW ROAD/ROUND LAKE PARK City Manager Ulstad reported that he, along with City Attorney Pauly, met with the Legal Counsel of the School District and Mr. Gam on Monday, September 18, 1978. Ulstad stated he will be meeting with same parties next week and will have a report back to the Council on October 3, 1978. A summary was submitted to Council Members from City Attorney Pauly dated September 19, 1978. III. CONSIDERATION OF DRAFT MOTION REGARDING STREET ALIGNMENT FOR LAKE TRAIL ESTATES Mayor Penzel referred to the memo submitted by the Luther Way/Meadow Lane residents, and also the information submitted by the Heritage Park residents. City Engineer Jullie commented that the Council motion as formulated • at the 9/5/78 Council meeting is the best solution. In creating a north/south collector road there poses some problems. Also Jullie stated he has trouble justifying the cost benefit analysis of the proposed signal at Highway #5. a,j►U Council Minutes - 2 - Tues.,September 19, 1978 III. CONSIDERATION OF DRAFT MOTION REGARDING STREET ALIGNMENT FOR LAKE TRAIL ESTATES (continued) Jullie reiterated a more appropriate procedure is to follow the Council motion as proposed and then address any problems that may come up at a future time when traffic volumes occur,and to make reasonable and appropriate changes at that time. Meyers questioned if the City went with the three year easement suggestion, who would have authority on the condemnation of that easement? City Attorney Pauly responded the authority would be with the City Council. It would be the same problem or same question presented in any other situation where it would be necessary to open a road. The Council would have the right to determine that a permanent road should be installed and if determined, should that be the case, the City would have to attempt to acquire the property by negotiation and in the ultimate by condemnation. MOTION: Meyers moved, seconded by Pauly, that Luther Way Road connection be opened to the west in a circuitous route as laid out in the revised plat of Lake Trail Estates with two "T" intersections with stop signs, and continuing circuitously through Round Lake Estates and Heritage Park as depicted on Transportation Alternate lA as recommended by City Staff, Public Safety Department is directed to monitor speed on Luther Way and issue tickets when appropriate, direct the Engineering Department to periodically monitor traffic counts on Luther Way and when the traffic exceeds the estimated 1100 trips per day, the City Council will initiate action to reduce traffic volumes. When connection from Round Lake Estates to the north at Valley View Road is made, a Public Hearing will be held to review the vacation of the connection to Luther Way. Also to rescind the motion of 8/15/78 Council meeting regarding road connection to Luther Way and adopt this motion in lieu thereof. Roll Call Vote: Meyers, Pauly, Bye and Penzel voted "aye", Osterholt voted "nay". Motion carried. MOTION: Pauly moved, seconded by Meyers, to instruct staff when the warrants are met on Lake Trail Estates, Luther Way and Heritage Park, installation of a light on the Lake Trail Estates road connection to Highway #5 be taken up with the potentially affected areas. Motion carried unanimously. Bye stated it should be noted that the City has very little control of the if, when and where of traffic lights on Highway #5. IV. CONSENT CALENDAR A. Payment of Claims Nos. 1474 - 1641 B. Set Public Hearing for Eden Prairie Grocery for October 17, 1978 C. Set Public Hearing for Menards for November 8, 1978 D. T.H. 169/I-494 Ramp Signals Agreement with D.O.T. (Resolution No. 78-171) This item was moved to Item VIII. D. 3. E. Approve plans and specifications and order advertisement for bids for Lotus View Drive (I.C. 51-321) street improvements (Resolution No. 78-172) • Council Minutes - 3 - Tues.,September 19, 1978 IV. CONSENT CALENDAR (continued) F. Final plat approval for Yorkshire Point (Resolution No. 78-173) This item was moved to Item VIII. D. 2. Councilman Osterholt requested that bids be tabulated and given to him on Claim Nos. 1492, 1568, 1577, 1592 and 1596 before approval is considered. MOTION: Bye moved, seconded by Osterholt, to approve Item A, excluding Claim Nos. 1492, 1568, 1577, 1592 and 1596, and approving Items B, C and E. Roll Call Vote: Bye, Osterholt, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. V. PUBLIC HEARINGS A. Prairie East 7th, request by Hustad Development Corporation, to rezone from Rural to RM 6.5 and •reliminary plat approval (Resolution No. 78-106 and Ordinance No. 78-31) Mayor Penzel explained the proponents have requested a continuation of the Prairie East lth Public Hearing. • MOTION: Pauly moved, seconded by Osterholt, to continue the Prairie East 7th Public Hearing to the October 3, 1978 Council meeting. Motion carried unanimously. B. Anderson Lakes Parkway Apartments by The Preserve, request to rezone approximately 9 acr- from Rural to Rm 2.5 for 126 rental apartment units (Ordinance No. 7B-40) Mayor Penzel referred to communication from The Preserve dated September 13, 1978 requesting the Council to close the Public Hearing while they continue discussion with The Preserve residents on this project. Further that at a later date they will request that a new Public Hearing be scheduled at which time they will assume the costs of republication and notice. MOTION: Osterholt moved, seconded by Meyers, that the Anderson • Lakes Parkway Apartments project be denied without prejudice and that the Public Hearing be closed at this time. Motion carried unanimously. C. Bluff's West 2nd Addition by Hustad Development Corporation by Hustad, Dr. & Mrs. Brandt, and 8.F.I. Request for rezoning from Rural to R1-13.5 and approval of revised preliminary plat of approximately 194 units on 97 acres. Site is located north of Riverview Road and west of Homeward Hills Road (Ordinance No. 78-41 & Resolution No. 78-154) City Planner Enger responded to questions raised at the September 5, 1978 Council meeting: 1) Whether the joint airport zoning board has been apprised of this plat. Enger explained this board has not yet convened and may not be convened until after the first of the year. Staff has sent a copy of the plat and pertinent information to the Director of Planning for MAC, Bill Olson, and we expect his comments to be forthcoming. Have also submitted a copy of the plat to the Lower Minnesota Watershed District about 2 months ago and at Mr. Enger's ate. Council Minutes - 4 - Tues.,September 19, 1978 C. Bluff's West 2nd Addition (continued) last conversation with the Watershed District engineer, the engineer was waiting for a communication from the developer. Mr. Putnam has been informed of this. 2) Mr. Enger has talked to Mr. Putnam regarding the Environmental Assessment Worksheet, which speaks to the possibility of artifacts on the site. 3) Enger further commented he has been in touch with the School District and this is one of the major developments which was foreseen. Enger referred to conversation with Dr. Fallon whereby Dr. Fallon assured him that the posture of the School District is that they will plan for development. Also talked to Tom Myers, Principal of Prairie View Elementary, and he is working with the City's building department staff to keep building permit counts. 4) Question of the 60% grading. Enger responded there will be at least 60% grading on the site as proposed in the development. This is a somewhat different type of development than a 50 lot subdivision done by a smaller builder. The initial grading is a minimal type of thing - it is confined to the road area. On the face it seems an insensitive way to treat a site, but when you are dealing with over 170 lots, it is advantageous to have the development developed as soon as possible. The Riley Purgatory Creek Watershed District has commented that from their perspective it would be wise to stage the development as this would be a safeguard against major erosion problems occurring. Director of Community Services Lambert responded to concerns of the Council: 1) Was there a need for tot lots in this area? Lambert explained the Parks, Recreation & Natural Resources Commission met on September 18th and they do not feel there is a need for tot lots in Bluffs West. 2) Mr. Lambert further stated he has met with Mr. Kager and BFI is in agreement with the proposed park boundaries; however, a decision could not be made on the price of the parcel. Bye commented on 9/5/78 the Council's major concern was "where is the park and, if we don't determine where the park is and what the price is, does the possibility of the price of the land go up." It seems somewhat strange that one of the proponents for this rezoning is BFI and the owner of the site the City would like to buy is BFI. Until the City knows where the park is going and a bonified price established on the park land, Bye does not feel the Council can get down to considering the Bluff's West 2nd Addition proposal. Richard Putnam, Hustad Development Corporation, explained the proponents have an agreement with BFI to purchase 14 acres of their 350 acres and it took them many, many months to negotiate the purchase of that 14 acres. Could not tell the Council how long it would take BFI to negotiate the price with the City. Osterholt referred to previous question as to whether there shouldn't be a park area in the site for the use of the residents. He is surprises that the Parks, Recreation & Natural Resources Commission are opposed to this. Wondered if it wouldn't be better to go back to the Commission. Does not believe the facility as proposed is what the Council had in mind • .for the types of homes proposed. There are needs for neighborhood parks and we are not getting them. Osterholt also spoke to the lack of erosion control in this section of the community as there is substantial erosion. Council Minutes - 5 - Tues.,September 19, 1978 C. Bluff's West 2nd Addition (continued) Osterholt requested that a map be shown at the October 17th Council meeting depicting the subdivisions approved or those being considered adjacent to where the Airport A and B zones fall. Pauly stated she would like the airport law clarified and the price on the neighborhood park pinned down. Meyers expressed her hesitancy to vote in favor of the proposal because of the lack of grading controls, would like to have an artifacts survey done, would like to see the original proposal before the commissions made revisions, and would like to know what the ultimate use of Outlot C is going to be along with staff recommendations on what we should do with Outlot C. MOTION: Pauly moved, seconded by Meyers, to continue the Bluff's West 2nd Addition to the October 17, 1978 Council meeting. D. 1978 Special Assessment Hearing (Resolution No. 78-169) City Manager Ulstad read the introduction to the special assessment hearing, and stated if anyone in the audience is interested in special amounts there are people in the Engineering Department that will answer questions of them. City Engineer Jullie spoke to Resolution No. 78-169, and each proposed assessment project was discussed separately: 1. I. C. 51-270 - Street improvements on Scenic Heights Road between Mitchell Road and Eden Prairie Road City Engineer Jullie responded to questions raised by Dominick Londino, 8238 Tamarack Trail, and Harlan Fritz, 8226 Tamarack Trail. 2. I. C. 51-300 - Sewer and water in Edenview and Kurtz Lane areas City Engineer Jullie responded to questions asked by Jim Cardinal, 15701 West 62nd Street, Lewis Witt, 6328 County Road 4, Clifford Thompson, 6559 Kurtz Lane, Earl Drebenstedt, 15620 South Eden Drive, Milford Terwedo, 15424 North Eden Drive, Carl Norman, 15415 North Eden Drive, Vic Carlson, 15703 South Eden Drive, and Harold Trocke, 15801 West 62nd Street. (Petition attache(' Roland Pashina, 15600 Oak Ridge Road, questioned if plastic pipe could be used for water services rather than copper that is presently used. City Engineer Jullie responded he would look into the possibility of using plastic versus copper. Council Minutes - 7 - Tues.,September 19, 1978 E. 1979 City Budget (continued) Meyers expressed concern for budgeting for programs where we don't even have a program. Penzel felt we have been moving far too slowly in developing a program for senior citizens. Meyers expressed concern about the budget of the Public Safety Department and asked if the performance and administration of that department has been evaluated in terms of cost-benefit. Meyers noted this department is at least 25% of the budget and asked if we are getting the most for the dollar. • MOTION: Osterholt moved, seconded by Pauly, to continue the 1979 City Budget to the October 3, 1978 Council meeting. Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS No reports. VII. ORDINANCES 8 RESOLUTIONS • A. Discussion of issuing MIDB's using mortgages instead of bonds City Attorney Pauly referred to memo dated September 15, 1978 from Finance Director Frane, explaining he has been in th. process of gathering ideas on guidelines from other communities and as yet has not had a chance to completely review the information nor has he formulated any specific recommendations to cover the overall guidelines. Osterholt felt the memo says if a company doesn't have big numbers to work with they aren't eligible and this is unfair to the small businessman. Penzel stated when the Council adopted its first policies there was a limit of $500,000, which was about five years ago. The premise at that time was that a business of a substantial nature,which would be interested in seeking such financing would have potentially a better chance of meeting its obligation because of the past performance and size of the operation than a smaller operation would have. The City wants to be assured there will actually be a financial ability to defer the obligation, particularly when one considers the potential long range effect it may have on the City's rating. Bye agreed somewhat when talking about the bonds, but does not agree at all on the mortgage. He does not feel at all responsible on the mortgage which is owned by a financial institution. Also shares • Mr. Osterholt's concern that it would appear we are a City that is advocating big things coming out here which he believes is wrong. Should encourage small companies that may eventually may become big ones. .Osterholt stated he was not a member of the Council when these guidelines were drawn, but is sure the thought was because revenue bonds were new at that time some reasonable guidelines should be established. When you get into the bonding business the market place will automatically rule 251(0 Council Minutes - 6 - Tues.,September 19, 1978 D. 1978 Special Assessment Hearing (continued) 3. I. C. 51-309 - Water extension and street improvements on Homeward Hills Road No questions asked. 4. I. C. 51-312 - Utilities and Street improvements in Country Vista Addition No questions asked. 5. I. C. 51-316 - Utilities and street improvements in Nygren Estates Addition No questions asked. 6. I. C. 51-319 -Utility improvements in the Norseman Industrial Park 2nd Addition City Engineer Jullie referred to communication from Condor Corporation dated September 19, 1978, objecting to any assessment as their property is serviced entirely by the utilities in Washington Avenue South and they have already been assessed for same. 7. I. C. 51-320 - Sewer Improvements on Eden Road City Engineer Jullie responded to questions raised by Mr. Bert Menke, 8018 Eden Road. 8. I. C. 51-326 - Street Improvements on Dell Road through the Edengate area No questions asked. 9. Supplemental Assessments • No questions asked. Osterholt requested that an amendment be made in Resolution No. 78-169 in item 2, 5th line, the figure be changed from 8 per cent to 6.86 per cent. Council members concurred with this amendment. Bye stated those that pay should not be penalized for those that do not pay,and advocated charging more on delinquencies. Frane explained that the City could have more than 1 rate for special assessments. This possibility to be discussed at another Council meeting. MOTION: Osterholt moved, seconded by Penzel, to close the Public Hearing and adopt Resolution No. 78-169, approving 1978 Special Assessments, as amended with the 6.86 per cent figure used rather than the 8 per cent. Motion carried unanimously. E. 1979 City Budget Osterholt requested staff provide the Council with alternate audit firms. 256 1- Council Minutes - 8 - Tues.,September 19, 1978 A. Discussion of issuing MIDB's using mortgages instead of bonds (continued) out some of those things for the smaller business establishments. Feels this whole thing has been amended and added to and will be changed by future legislators and it has gotten to be an extremely attractive financing arrangement now,and doesn't think it should be parceled off to just big companies. If anybody should be able to afford to pay the going rate commercially, it should be the large corporations. 0sterholt requested that item 1 be struck from the 9/15/78 memo. Meyers felt there should be more definitive guidelines after 2, 3, 4 and 5 if we are going to lower our figures. Even though we are talking about a financial institution holding a mortgage, there should be some business experience represented in the City's reviewing of that because we still don't want to get to the point where the City has small businesses vacant throughout the community even though a financial institution is responsible for meeting the payments on that building. With our I-2 zoning Meyers doesn't know how realistic we are in saying we are going to lower this and attract small industrial and smaller struggling businesses onto 2 acre industrial park sites. Believes there is an opportunity for a small business locating individually in some of our PUD commercial areas, but we need to have a background of financial and business responsibility along with some of those guidelines. 0sterholt commented there should be a great deal more input that has to be developed before we can say this is our new set of guidelines. Would like to see us go to our bond consultant and perhaps seek information from other communities and see what they use. Penzel explained the 9/15/78 memo was merely trying to address the question of the mortgage route of municipal industrial development bonds. Mr. Pauly and Mr. Frane have indicated the regular bond rate guidelines are still in the development stage & they will be coming before the Council at a later date. City Attorney Pauly suggested in the general overall review of the subject the Council may wish to incorporate these suggestions in the overall guidelines which will be applicable to all types of industrial revenue financing. No action required. B. Resolution No. 78-174, granting preliminary approval for MIDB's for Blackbourn, Inc. Finance Director Frane spoke to Resolution No. 78-174, and introduced Mr. Mary Ingber, bond counsel for the applicant, who answered questions of Council members. MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-174, granting preliminary approval for MIDB's for Blackbourn, Inc. in the amount of $750,000. Motion carried unanimously. Council Minutes - 9 - Tues.,September 19, 1978 C. Resolution No. 78-175, granting preliminary approval for MIDB's for Thrift-Way, Inc. Finance Director Frane spoke to Resolution No. 78-175, and answered questions of Council members. Frane explained the applicants will be coming before the Council witn a request for proper zoning. Thrift-Way is a retail grocery type of operation. This is in the form of a mortgage. Meyers pointed out on page 2301E of the resolution under item 3 - the property is hereby given preliminary approval subject to approval of the ultimate details of the project. This property is currently zoned rural, but there is an approved PUD concept on the property which did not include neighborhood or community commercial use or community commercial scale use for that area. There is already a designation in the City's guide plan in concept of community commercial scale areas in the area - one in the Eden Prairie Center, another on County Road 18, and one in The Preserve. By approving this resolution giving preliminary approval we are giving more than just the bond go ahead, we are also making an amendment to the Titus PUD and also areas of the guide plan. Feels she is not prepared to give preliminary approval without having a review by the staff and commissions. Osterholt agreed with Mrs. Meyers and stated he would not entertain a motion on any MIDB's for other than what was approved for that property. Until the proponents have received that kind of rezoning assurance, Osterholt commented he would not be in favor of granting any preliminary approval for MIDB's. Osterholt suggested if the rezoning is proposed to goat the same time a submittal should be made requesting preliminary approval for MIDB's. Then those two actions could come before the Council concurrently. Bye questioned if the proponent would concur with the order of events suggested by Mr. Osterholt. Mary Ingber, bond counsel for the applicant, explained as he understands these transactions, rezoning may be one of many problems that have to be resolved and preliminary approval is nothing more than a go ahead. If everything else can be negotiated to the City's satisfaction and the proponent's satisfaction, then it comes back to the Council for final approval. Mr. Engber stated he has never believed it would be an implied position that the City has to give the proponent everything after adoption of preliminary approval of the MIDB's. Meyers recalled in a discussion of this same issue not too long ago, that the Council was advised that while it is true this is a preliminary action, usually the final action becomes a formality because all the things get worked out. City Attorney Pauly commented it is printed in the resolution this is not a firm commitment; however, agreed when the initial approval is given it does give kind of a morale support from the Council at that point. Council Minutes - 10 - Tues.,September 19, 1978 C. Resolution No. 78-175, granting preliminary approval for MIDB's for Thrift-Way, Inc. (continued) Osterholt personally felt he would not be comfortable in adopting this resolution without some type of action taken concerning the zoning as this has kind of evolved as part of the City's policy. Osterholt further stated this is not a reflection in any way on the proponents. Bye noted if the zoning were accomplished, he would expect that this exact proposal would be approved. MOTION: Osterholt moved, seconded by Bye, to lay Resolution No. 78-175 on the table for consideration at such time as the proponents come back with a rezoning request. Motion carried unanimously. D. Resolution No. 78-177, granting final approval for MIDB's for the Gelco Corporation MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 7B-177, granting final approval for MIDB's for the Gelco Corporation. Motion carried unanimously. VIII.REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report of City Manager 1. Addition to Liquor Store Operation City Manager Ulstad explained staff has been reviewing the expansion of the City's liquor store operation and referred to memo dated 9/15/78 from Finance Director Frane. Ward Dahlberg, manager of the liquor store, answered questions of Council members, and stated that the addition is needed. Frane commented the memo implies if we expand our store, we expand our sales, and if we expand our sales, we will expand our profits. Meyers questioned if the assumptions on profit take into account by 1984 or sooner that the Prairie Village Mall will not be the only liquor operation in town. Frane responded this has been taken into account. Osterholt explained he would like to have some numbers of somebody that is in the retail business,and what guarantees does the City have if we double the size of the store? He further commented the worst thing to do is over predict. City Manager Ulstad suggested that the City secure audit reports from other communities. Ulstad recommended expansion of the liquor store this fall based on the information submitted by Finance Director Frane and Mr. Dahlberg. • MOTION: Osterholt moved, seconded by Bye, to expand the liquor store operation this fall as recommended by City Manager Ulstad. Osterholt, Bye, Meyers and Penzel voted "aye", Pauly "abstained". Motion carried. )9 Council Minutes - 11 - Tues.,September 19, 1978 MOTION: Osterholt moved, seconded by Bye, to continue the Council meeting past the 11:30 PM scheduled adjournment time. Motion carried unanimously. B. Report of City Attorney City Attorney Pauly brought the Council up-to-date on the Condon/Naegele signs. Pauly stated in 1971 the City adopted an ordinance essentially prohibiting outdoor advertising signs, except in areas which were specifically created as sign zones. Such a zone was one that was created on the northerly side of Highway 494,and there is also a zone on the north side of Highway 169. Pauly explained the sign which has come into question particularly is the one in the intersection of Highway 169 and County Road 39. In 1976 the property was rezoned and concept approval given for automobile dealerships and there was a provision in the rezoning agreement to the effect that the time building permits are taken out, the present signs would be removed, and then there was a letter sent by Condon/Naegele that talks about getting permission to establish 4 designated signs and removing the 6 signs already there. The letter designated a location at the intersection of Highway 169 and County Road 39 where they have placed a sign. The letter only commits the City to do that after building permits are taken out, and building permits were never taken out. Pauly stated he could not find the authority for Condon/Naegele placing the signs and further stated he would check further into this matter. MOTION: Osterholt moved, seconded by Meyers, that in light of City Attorney Pauly's report that Condon/Naegele be advised that the City plans to take action to have the sign removed at Highway 169 and County Road 39. Further to direct Staff to check the extensions on all of the Condon/Naegele signs to see if they meet the sizes designated in the Sign Ordinance. Motion carried unanimously. Penzel requested that the old semi-trailers parked on the property which are used for the purpose of signs be removed at the same time. C. Report of Director of Community Services 1. Receive and award bids for tennis courts at Prairie View and Round Lake Director of Community Services Lambert spoke to memo dated September 13, 1978 and answered questions of Council members. MOTION: Osterholt moved, seconded by Pauly, to award the bid to the lowest responsible bidder, Bituminous Roadways, in the amount of $26,980, contingent on the School Board's concurrence. Osterholt, Bye, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. 2. Leaf Recycling Center Director of Community Services Lambert spoke to memo dated 9/14/78 and answered questions of Council members. Osterholt questioned if the City owns the proposed site for the Leaf Recycling Center. Lambert responded the City has a deed on the property, but has not yet received a signed copy from Hustad's attorney. Further that Hennepin County has requested that we receive at least a•letter from Hustad indicating the City does have the deed coming. 25.?O Council Minutes - 12 - Tues.,September 19, 1978 2. Leaf Recycling Center (continued) MOTION: Osterholt moved, seconded by Meyers, to inform Hustad Development Corporation the Council intends to stop issuing building permits on Prairie East additions until lease is received from Hustad's. Motion carried unanimously. Mr. Monteleon, Hennepin County, spoke to the proposal and stated Hennepin County will maintain the road in the spring and fall when the site is open. Meyers requested changes to be made in the agreement, i.e., page 2, 7th line, after "Center" add"with notice to and approval by the City" and an additional paragraph be added that "The • County shall respond as possible and reasonable to complaints of nuisance regarding dust, noises, odor, etc., as reported by adjacent property owners". City Attorney also requested that the last paragraph in the agreement be tightened up on page 3. MOTION: Meyers moved, seconded by Osterholt, to approve the cooperative agreement with Hennepin County regarding the Leaf Recycling Center and insert the lease price at $2,000.00 along with other corrections noted by the City Attorney and other Council members. Motion carried unanimously. 3. Relocation Assistance for John Bren MOTION: Osterholt moved, seconded by Meyers, to approve the relocation assistance John Bren in the amount $15,500. Motion carried unanimously. D. Report of City Engineer 1. Receive 100% petition and order watermain, storm sewer and street improvements on E/W road past AMOCO site between T.H. 169 and Eden Road (Resolution No. 78-170) MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 78-170, receiving 100% petition, ordering improvements and preparation of plans and specifications for public improvements on AMOCO, Teman & Ball Properties (I.C. 51-334). Motion carried • unanimously. 2. Final plat approval for Yorkshire Point (Resolution No. 78-173) MOTION: Osterholt moved, seconded by Bye, to adopt Resolution • No. 78-173, aporoving the final plat for Yorkshire Point, amending Staff Report of 9/13/78, recorurendation 4, by striking "six (6)" and inserting in lieu thereof "two (2)". Further to direct Staff to look into the question of erosion and pollution control and advise the developers about the Council's concerns. Motion carried unanimously. • 3. T. H. 169/I-494 Ramp Signals Agreement with D.O.T. (Resolution No. 78-171) Osterholt questioned the total cost. dial Council Minutes - 13 - Tues.,September 19, 1978 3. T. H. 169/I-494 Ramp Signals Agreement with D.O.T. (continued) Jullie responded $97,000 for 78th Street signal at the south ramp, $11,000 for the temporary signal at the north ramp, and the State cost is 100% for the permanent signal at the north ramp. The City's total cost would be $32,000 to $33,000 for our share of the permanent signal at the south ramp and the temporary signal at the north ramp. MOTION: Osterholt moved, seconded by Penzel, to adopt Resolution No. 78-171, T.H. 169/I-494 Ramp Signals Agreement with the Department of Transportation, and request that Staff inquire about a temporary signal on the south ramp. Motion carried unanimously. Penzel thanked Homart and Mr. Robie for their contribution of $10,000 for the temporary signal at the north ramp. IX. NEW BUSINESS A. Discussion on Cable TV Meyers expressed her concern if Eden Prairie does nothing now on Cable TV, the way the Cable rules read parts of Eden Prairie could be annexed into other cable service territories and the City would lose some of its prime service areas to other communities without having franchise control over them. Meyers stated the City should get started on making application to establish a Cable TV territory and then go forward with the franchise ordii.,.,ice and a citizens advisory committee. City Manager Ulstad explained he is going to be recieving a model ordinance on this subject and will review same with City Attorney Pauly. A draft ordinance will then be sent to the City Council for their review. MOTION: 8ye moved, seconded by Osterholt, to instruct the City Manager to proceed in drafting a franchise ordinance to be considered by the City Council. Motion carried unanimously. B. Discussion of property at 8920 County Road 18 Meyers expressed her concern about the misuse of the lease at 8920 County Road 18. City Manager Ulstad explained he will be meeting with Wayne Brown on Wednesday to go over and review with him the use of the site and will come back with a report to the Council. C. Color chart for fire stations City Manager Ulstad went over the color scheme for the fire stations. Council Minutes - 14 - Tues.,September 19, 1978 D. Side yard requirements for residential development City Manager Ulstad commented that Ordinance No. 135 calls for 10 and 15 foot side yard setbacks;and questioned if the Council in the past has ever established a policy increasing the 10 foot side yard to 15 foot side yard setbacks when living facilities are provided for on both sides of the home. The Council stated 15 feet is not required on both sides of the home for side yard setbacks. X. ADJOURNMENT MOTION: Pauly moved, seconded by Osterholt, to adjourn the Council meeting at 1:15 AM. Motion carried unanimously. • September 19, 1978 City Council of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Gentlemen: Please be advised that Condor Corporation takes the following position with regard to the proposed assessments for utilities and West 74th Street: 1) With regard to the storm sewer: We are willing to pay our fair share for this service. 2) With regard to the construction of West 74th Street: We object to any assessment for this improvement as it is primarily for the benefit of Mr. Helle so that he may develop his land. Fur- ther, we neither require nor desire access to this street and, therefore, consider it of no benefit to ourselves. Further, we already have had a portion of our land confiscated without compen- sation for this street which is entirely to Mr. Helle's benefit and we most heartily object to any further expenses or inconveniences in this matter. 3) With regard to water and sewer: We object to any assessment for these items as our property is serviced entirely by the utilities in Washington Avenue South and we have already been assessed for same. Very truly yours, CONDOR CORPORATION 1/ .r- James ' i l eey /fresdent JRR:jmb Mir..as h ngl.n...nu...den prairie..n{nn..o U.S 44. 44146. ....•u z52u 1 i,' i • , p ,1 ,,5�°.. r v\ ��') \ i W j) , 71 i A 2 J t Y. ::...1, n\\ -� W K i '4 3 1 K, w u k rh Ij • �' M Ip .1.... .a b 1n \ , tt y3i 1 • •.•'•.;.. Is 1 :->.. ' rs, i \-,., N. ''..-..,,,! (•.: , 4 ,,, kk.; -,_ . A '''•f• 4t\- • - :.71 ^ Z'C'k I) .)'•=i. A 1 4 i ,. , ) , . • j . 1 go1 " �y s s • L C c' �i C S a ,� t I. w M d• , 1 �R i l.,.r . .a 55r — G 2V z �• p0 ,' co .,q b ; t doa " itt t. n n r. " c C A.. t T a V% \. X. t;) J d { 1 ., 1 " 8 g `� jar<�, ,� �w`�.1.. .'CcZ. z A )`t�� �� J �'3 g a' ° 4 , , N �pc?^� \' a \ i n ', �J Nti\e •y� eri I CITY OF EDEN PRAIRIE CLERK' S LICENSE APPLICATION LIST OCTOBER 17, 1978 CONTRACTOR (MULTI-FAMILY & COMM.) Sonny Miller Construction Rudon, Inc. CONTRACTOR (1 & 2 Family) Arvada Development Corp. Clay-Morr Builders, Inc. The Dreyfus Interstate Development Corp. Dudycha Construction • Klink Construction, Inc. Paul Walentiny Const. PLUMBING A.O.K. Plumbing Co. Lance Coppin Sewer & Water D. J. Excavating Dolder Plumbing & Heating Katz Plumbing & Heating Co., Inc. HEATING & VENTILATING Katz Plumbing & Heating Co., Inc. Rich's Heating & Air Conditioner GAS FITTER Rich's Heating & Air Conditioner These licenses have been approved by the department head responsible for the licensed activity. Y�"H.ti�l(—,s/ctinAu.47t6€ Rebecca Quernemoen, Deputy Clerk : v . j�Ri, N ,a1po • C A Pau METROPOLITAN AIRPORTS COMMISSION . MAC P.O.�' E,OX 171.,0 • TP:Itl CITY AIIIPOI:T • 1•,' '1 OFFICE OF EXECUTIVE DIRECTOR ' • PHONE(812)726-5770 September 21, 1978 Mr. Chris Enger Director of Planning City of Eden Prairie Offices 8950 Eden Prairie Road Eden Prairie,MN. 55344 Dear Mr. Enger: This is in reply to your letter of September 11, 1978 requesting our review and comments on the Bluffs West Second Addition. This proposed addition does not lie within the present restrictive "A" or "B" zones nor will it conflict with the "A" or "B" zones for any future runway extensions. It does lie within the "C" zone and in this regard we do not see any problem. We do not anticipate that the State Noise Standards will be exceeded in the area of this addition, however, we do have concern that this area is located approximately one (1) mile from Flying Cloud Airport. At this location it can be expe..Led there will be over flights of aircraft operating to and from Flying Cloud Airport. In view of this, we would strongly urge that the developer be required to advise potential residents of the area of the close proximity of Flying Cloud Airport. This action might alleviate any future potential concerns relative to aircraft operations. Sincerely, CQ.uat e. AclwA t` Claude C. Schmidt,Director Operations and Environmental Affairs CCS:aas OF TICE 1OCA110N-6600 7F11,AVE SO -WEST 11 S.I:.INAI AI.E A•-A'INt4CAPOLIS•SAINT F.UI I::1t 1,•:ATIu,::.1 A. • ARCHAEOLOGICAL& VEGETATIONAL SURVEYS&IMPACT STUDIES 15330 LYNN TERRACE VERNON R.HELMEN MINNETONKA,MN 55343 •ROTHEAVOSSHELMEN • (612)935-1357 • October 13, 1978 Dear Mr. Putnam: In compliance with your request for a status report of the archaeological survey of Bluffs 2nd Addition, my work to date indicates that a prehistoric occupation (probably pre-ceramic) exists on the bluff tops but is limited to the top 22..24 cm. of soil. This is all in the plow zone and thus, completely churned . up and disturbed so that control excavation would not yield any stratagraphic data. Furthermore, the features which could have • been nrounds, are now seen to be the result of old grading of "Riverview Road" and this can be demonstrated in the shovel test profiles. 411 In my opinion, at this stage of the survey, no significant archaeological features will be destroyed by the construction of buildings, roads, and sewers on this site. This opinion is subject to completion of the survey. • Yours truly, • • • • • 0e4Ityni i) A11/1)7)14.- MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services 241-' DATE: October 13, 1978 SUBJECT: Homeward Hills Park Site The City Council has directed staff to negotiate a price for the neighborhood serving Bluff's West and the Hillsborough developments. I have met with Mr. Bud Kager and Mr. James Nelson of BFI on several occasions in an attempt to arrive at a reasonable purchase price. Prior to our first meeting I checked the assessed value of the property. The 20 acres site includes about 12 acres of "mucky peat" that is assessed as "waste" at $500 per acre. Approximately 7 acres of the proposed 20 acre site is assessed as "marginal" at $1,500 per acre. This 7 acre portion contains steep slopes and has a power line running across it. At the first meeting representatives of BFI indicated that they wanted the City to purchase an additional 11 acres for a total of 31 acres because "ey "didn't want to be left with 11 acres." (This 31 acres is part of a 118 acre parcel they purchased from Hustad four or five years ago. Therefore, they really weren't left with 11 acres, but they would be left with 11 acres of, for practical purposes, unbuildable property.) BFI indicated they wanted $6,000 per acre for the entire 31 acres. I explained that it would be very expensive to develop the property into parkland, therefore if we were to purchase the property, it had to be at a reasonably lower price than the higher property that contained good soils. BFI considered developing the park for us and selling it as a developed site, but after some calculations, determined that they couldn't do it any cheaper than we were estimating. On Thursday, October 12, 1978 Mr. Kager came down to $4,000 per acre for 31 acres. Mr. Kager explained that BFI has $5,300 per acre invested in the property to date, on the 118 acre site, and carrying costs total $63,000 per year. Therefore, their best offer is $4,000 per acre for 31.4 acres. Of the 31.4 acres, approximately 20 acres is unbuildable lowland. The remaining has steep slopes and is crossed by a power line. I recommended this property as a neighborhood park site because it was centrally located to the service area, it was easily accessible, it was adjacent to additional lowland that would probably be dedicated in the future, with proper grading it was feasible to develop it into a neighborhood park, and we wouldn't be taking valuable developable land off the tax rolls. I assumed that we would be able fo pnrchasc the park for about $80,0O0, however BFI's insistance on selling an additional 11 acres increases the cost to $125,600. • Homeward Hills Park Site -2- October 13, 1978 The City will ultimately receive about $170,000 in cash park fees from this area. That total should acquire and develop this park. We usually figure approximately $130,000-$140,000 for acquisition of a 20 acre park site, with about another $20,000-$30,000 for grading costs of a fairly dry, level site. The BFI site would require an estimated $70,000 in grading costs due to the poor soils and steep slopes. I indicated to BFI that I would recommend acquisition of 20 acres at $4,000 per acre, but we had no need for the additional 11 acres (and would probably have it dedicated in the future anyway.) On Friday, October 13, I contacted Hustad representatives to inform them of our problem with BFI. The Hustad people indicated that they would approach BFI to discuss the additional 11 acres. I would recommend approval of the first reading of the Bluff's West Second Addition on October 17, 1978, with the understanding that the second reading wouldn't be approved until we have reached a written agreement with BFI on the 20 acre site. BL:md • unapproved Minutes - Plannin? Commission - 5 - Monday, September 11, 197. B. Eden Prairie Grocery, request by Haakon Nyhammer to rezone the • existing grocery store site, of approximately 1 acre, from R1-22 to Community Coninercial. Mr. Haakon Nyhammer, owner of the Eden Prairie Grocery, presented his request, explaining that the store has been in existence for twenty years, and that the reason for his request for rezoning was to protect his interest, noting that if the store were destroyed it could not be built under the present zoning. He explained in general terms his intention of re-building the store to meet the requirements of the Ordinance and also to keep within the character of the neighborhood as far as the design of the store. The Planner discussed the proposal, explaining that it was a two- fold request, and that it is mostly a land use question in this case. It has not been zoned commercial in the Guide Plan. He explained further that the Staff has primarily one concern, and that Mr. Nyhammer, the proponent, has no definite plans and that it is difficult to re- view the request without a plan. He noted the neighborhood support • and the Staff's feeling that an upgrading of this use would be a "step in the right direction". He explained the right-of-way concerns of the Engineering Department. Bearman asked Nyhananer whether he had a time frame in mind. Nyhammer responded he would like to know wnere he stands. and he than intends on making plans for a small neighborhood convenience store that would comply with the City Ordinance. Martinson asked the reason for the three year limit referred to in the Staff report. The Planner responded that the original owner started out in a garage and was not in conformance with the Ordinance, and that it still is not in conformance. The purpose of the three year limit is to not condone the use as it is today. MOTION: Redoath moved to recommend to the City Council concept approval for the proposed land use for a new building, with no rezoning until specific plans are submitted under the guide lines of the Staff report of September 8, 1978. Bearman seconded, motion carried unanimously. C. Consideration and discussion of vacating a portion of Eden Road The Planner explained the background of the proposed vacation of Eden Road and answered questions of the Commission. MOTION: Redpath moved to recommend to the City Council approval of the vacation of Eden Road as per the 9/1/78 Engineering report. Lynch seconded, motion carried unanimously. VI. OLD BUSINESS Bearman requested the status of the Super Valu/Co. Rd. 18 proposal. The Planner responded that the Staff is waiting for the County to complete the intersection design. STAFF REPORT: FROM: Chris Enger, Planning Director • TO: Planning Commission DATE: September 8, 1978 PROPONENT: Haakon Nyhammer REQUEST: Rezoning from R1-22 to C-Comnercial, for construction of approximately 4800 sq. ft. for a grocery store, and waiver of the 5 acre minimum zone side requirement and the 300' minimum width and depth requirement to allow development of a neighborhood grocery store on 1.115 acres of land approximately 282' x 168' LOCATION: The existing 'Little Red' Store lying in the southeast corner of the intersection of Valley View Road and C.S.A.H.L 4. pf-. Ir _ \ 7 8- .- _ \ u-,� PU D- D ' Site 1-. _i - A 8,I4:n—' - �9110,143,1 T 72 9 R84 8-16 1 W 1 i ii - 7 FP PUB Im �� "'r�f;4- -___-i'1(82 All 1=2 I- -1w -1 2r. ' PSZ 9-6 - t�s ?,1 . 0 '� Pt1B_I P.S. R0vszrts � . :,_C:�- __ 9To RI-22 ' S-i I _ ��^, R I-2 C-CO?;,'�I - ' ,145 \ n. -CO 1 iti i I-,• --- _____,0P everts r 144 S-22T RI-?. y5_ ',.Pa3 -(--- _ :-��� ,--n � Ts 51 , /i .1 BACKGROUND The residence on the site was built about twenty years ago on property designated under the 1958 zoning ordinance #8 as R1 or single family residential. The store evidently began with a garage and was added to property afterward. The existing building is built on a platted lot (2), parcel 820. In 1968-1969 the Comprehensive Guide Plan was adopted and designated this area as being acceptable for low and medium density multiple housing. The 1967 zoning ordinance classified it as R1-22, single family residential for one-half acre or larger lot size. The current owner has owned the store for seven years. • Staff Report Eden Prairie Grocery - 2 - September 8, 1978 Therefore, the 'Little Red' Store can not be classified as a non- conforming use because the use was not permitted under the old zoning ordinance. It appears, rather, that it is an illegal use which has been allowed to occur in violation of the ordinance. The 1978 Guide Plan Update now illustrates this area as low density residential. EXISTING CONDITIONS: The existing store is approximately 1800 sq. ft. in size and is in violation of the C-Commercial catagory regarding the following items: 1. The loading area is within one of the front yard setbacks and is not screened. 2. There is not adequate parking. 3. Most of the parking area is within the Valley View Road R.O.W. and backs directly out onto the street. 4. The parking lot is not screened. 5. Dwelling is not permitted in the C-Com. Zone. 6. The minimum zone size is 5 acres. 7. The minimum lot width and depth required is 300'. 8. The exterior material is wood. SURROUNDING LAND USE The parcel lies in the southeast corner of Valley View Road (which will be a major east/west collector) and C.S.A.H. 4 (a minor arterial). Land use to the north, east, and south is single family residential. To the west is Round Lake Community Park. LAND USE The most compatible land use for the parcels seems to be low or medium density residential. However, the existing store in this location has served the commercial "quick stop" needs of the people in Eden Prairie for many years. The statement of"no objection" included with the application material, signed by surrounaing land owners certainly reinforces the request for rezoning to commercial for a new grocery store which is in substantial compliance with the ordinance. CHARACTER OF THE AREA The store is essentially located within an older residential neighborhood. Many of the trees and shrubs planted years ago are approaching maturity. • 2'i 32 • Staff Report Eden Prairie Grocery - 3 - September 8, 1978 Even the Walnut Addition subdivision to the north has been located carefully within an old nursery and the houses are surrounded by vegetation. The "Little Red Store" parcels have mature vegetation and the store blends fairly well with the surrounding area because it is a remodeled portion of the house. It is very important to preserve this character. The size of a new building, site plan, protection of existing vegetation, architecture of the building, and open space left for buffer and screening are all important considerations which are not being presented by the proponent in a definite design at this time. TRANSPORTATION Access to C.S.A.H. 4 must be reviewed and approved by the County. C.S.A.H. 4 may very well have a median past this parcel creating a Right in/Right out only access in the future. Access to parcel 882 will not be available in the future if the parcels front- ing C.S.A.H.4 are rezoned and developed. Two options seem to exist to enable parcel 882, the required 90' of frontage on a public street in order to alto.: building. 1. A parcel of land approximately 70' wide lying to the south of parcel 882 could be acquired by the proponent, and the extension of Westgate Lane petitioned for; or 2. 90 feet of frontage could be taken out of parcel 868 to give parcel 882 frontage to C.S.A.H. 4. RECOMMENDATIONS The Planning staff feels that the following alternatives exist for the rezoning request; A. Approval of rezoning from R1-22 to C-Com. for 1.115 acres. B. Denial of the request for the following reasons; 1. The existing use is an illegal land use and has been since 1958. 2. No Guide Plan designation reflects comnercial use on this corner. C. Give concept approval to the proposed land use for a new building but do not rezone until a specific proposal and plans are presented. D. Recommend rezoning of approximately 1.115 acres from R1-22 to C-Com. subject to the following items: 2533 Staff Report Eden Prairie Grocery - 4 - September 8, 1978 1. The existing building would not be remodeled or expanded and would be replaced by a new building within three years. 2. 40' R.O.W. from centerline of Valley View Road be dedicated to the City of Eden Prairie for future road improvements, and owner agrees not to oppose future assessments. 3. The cash park fee of not less than $1200/acre be paid at time of building permit issuance. 4. Owner shall obtain 90' of frontage on a public R.O.W. for Parcel 882. 5. Detailed building and site plans must be submitted for re- view and approval of City Council, Planning Commission, and Staff prior to building permit issuance. 6. C.S.A.H. 4 and Valley View Road frontages shall be considered "front yards" with setbacks of no less than 35 feet. The eastern and southern boundaries shall be considered side yards unlessthe southern boundary fronts on a future road with no less than 20 feet of set back. Greater setbacks may be required if necessary for screening. 7. Access to Valley View Road shall occur no closer than 150' from the C.S.A.H./V.V. Road intersection. 8. Detailed site plan must include screening of all parking, and loading areas. No loading dock will be allowed in the front yard set back. Heavy screening shall be incorporated toward the residential areas to buffer them from the commercial use. 9. All roof top mechanical must be screened as a integral part of the building. 10. The proposed building should be compatible with the residential character of the neighborhood. 11. Lighting in the parking area shall be no higher than 20' and shall be oriented away from surrounding residential use. 12. The new building would comply with all City ordinances. 13. The land use should be for a grocery store only; in one building. The Planning Staff recommends alternate C subject to Alternate D restrictions, or Alternate D. CE:ds L53'I runt LULN PRAIRIE GROCERY (Pg. 5) fig. 5.1 Concept Development Plan •7__.I IC6 . i, . p. \ ' t..,,, (�ci , Ri ' I, ;77-i''' P i -- II M"I - P e . may i' ill ,, !"-Y-L-C.'",t. r , Ilisi :,..p.,,t1_ 7117:,..„ft.,--.,ti.,,:t.T.I!!1_,,..,„...-e ,a,,:::::,..?1,7, -, .. , ,_„.. ..... „11W—.4.:1_11-:-.7.4.(P!;i,....17rA,'..;:,-.47,P2.''.44„1--0,3_&: . „47:„. '':-.;':'-',77:-.1:::.-':-:1-''''''A-i: '-iu: '14.-----i---- -5. - -: : .p.„ 14 .... ..„ ,, ,,,,,,,„ , _ , .. ,... . --,..k.,. ---4' --. toRmr.---; _ -7---t.l'i.%ittlli/ -- ;:k asim -E ' 1968 GUIDE PLAN ibliallMi lik, .4 - , :VIM . �C� , �i,,RM•�• A 1978 GUIDE PLAN UPDATE DRAFT • [8,011 • lie a0-Frorr�"a11, : - k5`� _ 1 en �_w e.r .,; 2 3 4 5 L:_ I :. to L''• I c: . + t:fi--o0(de :rroe7116 -:or ..---. . ;ateTCI r - .LI , tt ,r. 11f, 2 n re •A 9 a 1 `., i .I ri i 24 ., . I� • ...v. ! .,.,rc,--' , .• - 0 TRANSPORTATION DPT IONS d J3 r I "LIL RED" EDEN PRAIRIE GROCERY 7447 County Road #4, Eden Prairie, Minnesota 1. Eden Prairie Grocery is located on County Road #4 and Valley View Road. Parcel #0820 and #0868. 2. The purpose of this request is to change, back to commerical, parcel #0820 and #0868. 3. Eden Prairie Grocery has been located on this corn:•:r for approximately 20 years, and is well accepted by the people of Eden Prairie. 4. In the event the business wrer destroyed, the business could continue by re-modeling or re-building. 5. The neighbors have beer. consulted and have given favorable comments. A petition with the signatu:...: of neighbors in this area is attached. EDEN PRAIRIE ZONING EDEN PRAIRIE ZONING Zoning Ordinance In October 1969 the Eden Prairie City Council adopted a new zoning ordinance including a rec'assification of ail Eden Prairie properties.This was an important step in implementing the goals and objectives of the City's comprehensive planning effort initiated in 1968. The new ordinance describes its purpose as follows: "An ordinance for the purpose of promoting health, safety,order,convenience and general welfare,by regulating the use of land,the location and use of buildings and the arrangement of buildings on lots and the density of population in the City of Eden Prairie." • Nonconforming Uses Using ones property for a purpose which was legally permitted in the old zoning ordinance,but which is • illegal under the new ordinance is permissable. Such uses are termed "non-conforming" and may be continued in their present form. Such activities cannot be expanded or changed,and if discontinued or destroyed may not be replaced. 2;3(0 . N W +4 . 2 ,1+199 T 1 ,aie ,89/ '----'I � 1at 1 I tit i ix 06 II • Cl N Q 6 3 Tii Itti c 1 .3 T • 2-? 1 ow C.c. 19:-.J Ot L 1 FL,i ..... DI W .., D ---1- — - - - i ei ' , z✓t) nt rb I ► Q L...........j tC13r1 I 3 o 1U 48) .\t3 I Sp 0\ 4 . ______ r .„ q0f/ - . . 2i-Az A \i\�' . "Lil Red" ® Eden Prairie Grocery 7447 COUNTY RD.4•EDEN PRAIRIE, MN.55343 of Phone:(612)941-5892 H.J.Nyhammer I HAVE NO OBJECTION FOR THE "LIL RED" TO BE ZONED COMMERICAL Eden Prairie Grocery "Lil Red" located on the S.E. corner of County Rd.#4 and Valley View Road, Parcel 0820 & 0868. We are planning in the future to remodel our store or rebuild, in order to do this we would like our zonning back to commerical. �p name /p / 471; addressss..: . ..657 "--C 7 y�z ems_,,, u� -1t itl 1 ,',',LI: /6-/// :t(rr` C.lr.r /.,(. - 2 ',. -7"M ~ l6i_)i / , Cc., I :..- /�J a& -71,f 4 e : ��ei - 73 � �" _ �( L c . Yit*, a`-'41 &vp? (Pc, eigq.,e - 244) 4tLed(- 27 /775e eAe,Ad c yi ( r1..[-Left • ��, 1 , /6.2So :< e. VL,14t 1-‘1 << t I .��. /6 2 S/ Ldt a.{ < 4,.t. O^^c.„ .. a , ( L ri zi, 762c° a-:i 1..,. Je-"c . OCT la 1978 ID //dT '6,40. 0J October 4, 1978 6251 Beach Road Eden Prairie, MN 55344 Roger Ulstad, City Manager Eden Prairie City Offices 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Roger: The attached complaint regarding the incident that happened in my home about a month ago does not contain the complete damage because of limited space. Roger, I assure you I'm not taking this as some minor joke, as I get the feeling this lawyer, retained as a part time city attorney, does. Please keep me immediately informed as to the progress and action concerning the above. Also, I'm very serious about speakinq to the Council, or your- self, about management training or employee control for Chief Hacking. Lastly, we'll discuss at a later date the lies this officer gave to you in reasoning what he did. Truly yours, • 7. Don Poupard " DP:pmg t2s1 l3EA4 ?�/ ify ooa NoEO oukflT ADDRESS PHONL 2. DAY-DATE-TIME OF INCIIDENT OR ACTION 6o2$-// f3E/ie /I ,/--3. WHERE DID THE INCIDENT OR ACTION TAKE PLACE • 4. NAMES-ADDRESSES-PRONE NUMBERS OF WITNESSES & ALL OTHER PERSONS INVOLVED 5. IF PERSONS ARRESTED, NAME-ADDRESS-PHONE NUMBER - CHARGE, IF KNOWN 6. WAS AN OFFICER INVOLVED YES X NO WAS THE OFFICER IN UNIFORM 7 YES NO WHAT WAS THE OFFICER'S BADGE NUMBER 1 OFFICER'S NAME, IF KNOWN S4f Ley Brtlo%e/L 7. CAN YOU IDENTIFY THE INVOLVED OFFICER YES NO X 8. PLEASE DESCRIBE IN YOUR OWN WORDS THE ACTION OR INACTION WHHICH CAUSED THIS COMPLAINT: i�OvIF Off/ G72 -TLDC� �o� dDOCS - 5 ,077`.=4,,, O/ 04/C -FK/9/1? 5. /Z LDC,�5 1�11jf q� K feit."/,1 , 7LLy 1�u i vsal. i 'Z vie/4- sc.Al'i`e,cecl A124 ovP a c.n/tp e s GZ-Ct /tini m=(•✓ j)pon NATUR`/o CO:,iPLA/r:;UdT zilte6S YYING`i molz 6 ag4 41g0Rle,9,440t. DEPARTMENT USE 1 • • OFFICER RECEIVING COMPLAINT DATE RECEIVED • ROUTED TO TIME DATE RECEIVED BY TIME DATE INVESTIGATION COMMENCED YES NO B;' INVESTIGATIQPl COMPLETED TIME DATE BY RECOiMENDATIONS MADE DATE __ LETTER SENT TO COMPLAINANT �l5l,� DATE • THE EDEN PRAIRIE DEPARTMENT OF PUBLIC SAFETY • WELCOMES YOUR VALID COMPLAINT YOUR VALID CRITICISM IF YOU WISH TO FILE A VALID COMPLAINT AGAINST THE PUBLIC SAFETY DEPART- MENT, OR ANY OF ITS MEMBERS, OR YOU WISH TO OFFER ANY CRITICISM OF PRO- t CEDURES, YOU MAY 00 SO BY COMPLETiwG THIS FORM, OR BY APPEARING AT THE OFFICE OF THE DIRECTOR OF PUBLIC SAFETY. EACH COMPLAINT OR CRITICISM WILL BE INVESTIGATED THOROUGHLY ANO APPROPRIATE ACTION TAKEN, WHEN WARRANTED BY THE FACTS OBTAINED. YOU WILL BE INFORMED OF THE RESULTS OF THE INVESTIGATION UPON ITS COMPLETION. • • Sample Form 3 0_OF_00 0C; 1/3 ►97 . m October 13, 1978 a 0 w I-- • Mr. Roger K. Ulstad w• City Manager Z• City of Eden Prairie m 8950 Eden Prairie Road cp Eden Prairie, Minnesota 55343 ui O Dear Mr. Ulstad: a w The Minneapolis Association for Retarded Citizens is a non-profit z agency affilated with the United of the Minneapolis Area and ded- icated to provision of quality services to mentally retarded children and adults. MARC is the local arm of the state and w National ARC and serves all of Hennepin County. During our 30 w year history, this organization has initiated many concepts in services for mentally retarded individuals including developmental 0 achievement centers, group homes, and sheltered workshops. ii w In 1958, day and residential camping programs were initiated at t- the children's camp portion of the preventatorium which had been tg w lying dormant for eight years. At this time County Commissioner • Earl Ainsworth recognized the value of camping programs and 0 8 secured approval for the use of this property on the Glen Lake • Sanatorium site. As the camping program expanded, it was found necessary to formalize the relationship through annual lease agreements which culminated in 1973 with a five year lease with z a five year option on what is known as Camp Indian Chief. O Community groups and organizations have been pivotal in the develop- z ment of the program and the facilities; and during this period have ' w provided labor and financial help in providing the following im- 4 z provements which would be considered a partial list. ..a i 1. Development of existing beach area, including docks; :: 2. Roofing of all camp buildings; • a 3. Addition of a camp storage garage; N 4. Tiling of all camp buildings; OJ 5. Plumbing improvements in bathrooms; 6. Painting, paneling, and redecorating of buildings; • w 7. Installation of a playground; z 8. Installation of amphitheater, stage and buildings; z 9. Installation of a new well; O 10. Construction of a building initially designated for _z day camping, now also used for nature study and > environmental education. w s Tbi:i comma it.y ir•:olvement has uontir.ued to tho present and has tk.' H _ -. , 4 Mr. Roger K. Ulstad October 13, 1978 Page 2 culminated with a long range site development plan produced by the University of Minnesota School of Landscape Architecture. This plan shows a long term development of new housing and dining facilities with the hope that this facility could be operated on a year round basis for a variety of purposes. To begin such a development the Marine Corps Reserve, under the direction of vocational instructors, have indicated their willingness to provide manpower to build the various facilities. Additionally, the Lions Clubs in the southwest communities have committed funds to purchase materials over and above what cannot be donated directly by the community. Architects and engineers have developed the specific floor plans and construction details of such a cabin and this material has been pre- sented to the City of Eden Prairie for a building permit. The Marine Corps would like to begin construction this fall, and during the winter months panelize the components for erection in the spring and early summer. One cabin would be built during the coming 12 month period, and serve as a demonstration model to stimulate further voluntary support for the balance of the development. Insofar as the project is severely limited in its financial base and all development will be on a voluntary basis, we formally request, from the City of Eden Prairie, approval to waive the building permit fee. A few years ago when volunteers were considering a similar project for the day camping building, such a fee was waived; and it is our hope that the City Council will also judge this project as worthy. Thank you for your consideration; and if you require any further details, please contact me immediately. Sincerely, James R. Olson Executive Director JRO/crh enclosures 1 25* , ' UNITED STATES MARINE CORPS ,�J/// MARINE AIR RESERVE TRAINING UNITJ' ��`� MARINE AIR RESERVE TRAINING COMMAND �y` �) TWIN CITIES �� MINNEAPOLIS,MINNESOTA 55450 IN REPLY REFER TO: av," 26 July 1978 Mr. Jim OLSON, Director Minnesota Assoc. For Retarded Citizens Minister's Life Building 3100 W. Lake St. Minneapolis, Minnesota Dear Mr. OLSON, This is to confirm verbal committments made by Major Richard VANSICKLE regarding support of your building program by the Marine Reserve Unit of the Twin Cities. We understand your long range program consists of the construction of six special living units followed by two larger facilities; a mess hall/multi-purpose building and a recreation building. A caretakers cabin and maintenance garage are also included. With the provision of building materials by others, our reserve unit is both capable and willing to construct the type of building planned for the special living units. The larger facilities may be beyond our capability at this time; however, we are hopeful that your program is successful and }hat we can share in all phases of the construction. As was mentioned earlier, we have scheduled special training through the Dakota County Vocational School in the areas of . carpentry and electrical wiring. The building trades instructors in these areas will be with their respective classes throughout the fall and winter months while we work on full scale projects such as planned at Camp Indian Chief (MARC). The training potential of such full scale projects combined with the labor savings to MARC are definitely desireable features of the project. We would be most anxious to begin work this fall in order to enclose the building to ensure that inside work could be done over the winter months. Please let us know if we can be of further assistance in your planning efforts. Sincerely, 1- alZ.e- , ' G. P. O'NEILL • Major USMC 7% / SEr EY.a.:PT io).(6) . • e , • fe? of.) 11..1 It is to cuinion of this office, 1..L.7.:.a upon tho evidsnco t ar: 2cd.c. 1 incono tcz under the cf oection IC1;4) of ',to Intorno'. 1:evcnyo Code, as it is shown that you ore crzanized Lnd operated ciEclusivoly AccordinfLly, you w:11 not te required to file incme ton returns Yo'.1 to brootc,r c: your or::-.nio-.tion, the purposes for v you %.-ore cc your o;othod of operatic.... ouch chnn7:c should ba ropor.od i=odec.tely to of Int6rn°1 Revenue for yo...r distriet in ordor that tholroffectUpon your oxiwopt status Loy to doterminod. /// 1:Tvcr: .;: t to file rr1 ==..el.eclfrra, rcirr (iou'ict Lc c=2,Y,c11 Ttls / forts be ottainod fre:-.: the . , anci is re:It:ire:: to be fi-Ied cicco of year c.nnual accountinc Contr:L..7ti.ord c:fe, to you are deductible by the donors, in cotn t.:.%L5:0 net income in the canner and to the extent providid by Election 2o) cod (q) of the Code. requests, lececles, devises, or tr---fors, to or for your use ore e..Luctiblc in cc:-.2utin.s. the voluo of tho not estate of decodont for estate poryeseu in the manner and to the extent provided by soctic:,s ond C61;a)(3) of the Cede. Cifto of property to you Lre doL:ctible in cei- utin3 not Lifts for Lift tax purposos in the o.:.1u-cr Lod to th3 oxtcnt provided in section Ic34(0)(2)(2.) and IC,Cb;(2) and (3) of the Code. 4b 1491M (Boy. Aug,. )952) 2154 • • 2 - iil'sr.,a . In tho event you havo not filed a waiver of ozemption • cortificato in accordance with tho provisions of section 1420(1) of tho Ccdo, no liability is incurred by you for tho taxes imps:od under ths, Federal insurance Contrib.:ticn.. Act. Tax liability is not incurred by you under the redcral Uncnplcvnent :az Act by virtue of the provisions of section 1607(c)(8) of such Act. The of intornal Revenue for your district is bein advised of',this...action. • Very 'nay yours, • •, . -a Acciste.nt Co issioncr • BY Road of i reaeii • • 1491M (Rev. Auj,. 1.52) 2 5117 . MEMO TO: Mayor and City Council FROM: Chris Enger, Planning Director THROUGH: Roger K. Ulstad, City Manager DATE: October 13, 1978 SUBJEC1: Status of 8an-Con project in The Preserve on Tract B of Ridgewood Condominiums ATTACHMENTS: 1. Original site plan 2. 1972 motion approving rezoning to RM 2.5 3. 1972 Planning Commission reconmendation 4. 1974 Request for R.L.S. division 5. 1974 Engineering staff report 6. 1974 Council motion approving R.L.S. division 7. 1978 Ban-Con proposal 8. 197B Planning staff report BACKGROUND: In 1971 Preferred Developers applied for PUD Development Plan approval, (zoning), from the Preserve PUD 70-03 concept to RM 2.5 for 13.06 acres known as Ridgewood Condominiums. The first phase consisting of 35 units was given final inspection in July 12, 1974. On November 18, 1974 the City received a request from Preferred Developers Corporation to approve an R.L.S. which divided the 1st phase (35 units), from the rest of the project. This division was granted and resulted in a lot line between phase 1 and phase 2 which was 22 feet from the front of the building of the anticipated 2nd phase. However, a parking and access easement was granted from Tract A (phase 1) to Tract B (phase 2) so that the original site plan could still function as approved. In March of 1978, Ban-Con proposed a plan which was very similar to the original site plan, but there were 70 units shown rather than the original 160 units. The Planning Commission reviewed this plan and determined it was consistent with the original plan. Memo-Ban-Con Status -2- October 13, 1978 Since that time the Ridgewood residents have objected to the plan on the basis that 3 of the buildings (18 units) have garages abutting the common lot line. Although the original plan showed uncovered parking stalls in the same location, and Ban-Con was providing covered spaces, the residents insisted that technically no variance from the 22 foot setback granted by the R.L.S. in 1974 had been given to allow zero lot line. Ban-Con appealed to the Board of Appeals on September 28, 1978 and were denied the zero lot line setback. We have been advised by our legal counsel that Ban-Con may build at the 22 foot setback which they now propose to do. CE:jj " / • ' 1 . 0 . . . : '''l •\\' \\ I • :. • - . , .. /(t y.. ,\I ))1 I . . . . % , I \ \.' ,,-,,,. :, )... i\ „ • . . Xj ( . . • .7,;.`,.... ;1/.h.4•,-. .1.-'---:\... ..„------ ( • . '4,i;' , ..ir -1 '•;.-4:\ lc\ -1.'-'1‘‘.?••••.,_-"-r- t s--._ . „ , :i.,,. .., ...,\... .. S..:s 14-(.Z.- ..;„..il \ ‘",\ • '-.'N...-".. p ... ;.."4.V,....L'''--.:0`. . ;..;1•., :...\•\,,%,,ic). \ .., '''\ '•'.1-n.. P- •;s:V.,.b- As - .- '''-'.' 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'-# '\ — , .--- .....,,,, .,tk,,,,,-,z,I, \ • ,et ,,,.,„, • ' \\\:"\k•.•,----• • % •....--......i........-.........--....../..CA./.020•.ANC, '.• N\ \''';': S,''',,,ki' ''•„'..4.e, \*Ali'' 2.V.. % ' ''''N',.,.,. . .".....• ''' ‹\.•'.,.;:,•-!...,,, . . .'. 2..,\ ..,,, . , ‘ \\';;-.";:.-‘.,•,,':,.: .,•-•i ':Y.:':\L -'' ( '• ' . : • \\----...\ ••••: ,, ‘....\;.. .;.,:,.,,nt,„ .1- ,l4, v is..) .., \...,‘,4„.:.,z,...„,.‘,..„...., ,,.....r /;,......_\..\. ,,, ),N. % ....r.es 0,4,,,,A114..• , , \ . . .... • \ \ ..''4.1i•\...1.:.,fici, ...,'"-. , i„ 10'1.). \ ..,tpkk ',a...AC ,....,.. .C.• \ . ...,z2c,••• • --, ,,,‘_ , ...., ,..__.........,...• . ,\ c‘,,,‘,-.,::.r.,...•.— -....4.75-.., • \ '' k4i.:1 '. c_____\?A-, "V/Z-_-n-t_.,, - .0° z . . ' . . i ,...,c,.•‘' . .k,-. ' -A\....------__ 'c\-::s 1.• i ' i : \ . t..-!,-;:.!,,,...., t\c„. ••-\-,,, .....,,,..„.. .. •. , • __ • , • N.-•• ittl- cc,r, . .____. . -__ . • , . ... . ., ,, , ., , , -".'"'''.'.5.1Ca --•„ a 4 c.', — -,•,. . . ,. . ,. •. . - . . . ,. ..---.T---_----- :-.. ! \ k,.7,..... •,...,., ,1,-- 0 .,:,•• sA .r...-... ,i,'... 'i •••• '''. ' A. 1...;71' ...,‘ p C\''..';L. . ' .. : \_, \‘‘‘I:;..i. \'.4. •: :L....40..., 1 1,. ''''' .__.c.,s., t \. ,„.... . ,.,.. 7\ • ' r—V.N",...")\,. •‘ k). . ..(C\-1.1)--:Y. ' '.t.2 •' -do- N . '.'''\--------N-N------------._.....-- _ ''----------) : • , .•:,N,,,.:.s,,% ,,.....-;;;-,...-::,\%' 0 / , . ..*----... k ...•.. r., ,.... . 1,- . .,.‘,,-tT..* ••• I) (-. 0 / 1...,., _ I. , .. ., . _______ I 1 ..i.c.,,. . pi L50 100 .' i . . . . ....ss...o,....s0.0.s.-.a....aasa*..tsa.i...............•i.........,.., .. . . I at El 114ki-' 1:Eit'Cli . I . i . -.AN .,."--',j;Li 7 - • . . . • Count'il Meeting ( • February 29, 1972 • . Page Three P. motion was made by Mr. Lieb to .close the hearing and adopt the first reading of Ordinance No.166 rezoning parcels 6 and 7 to the RM2.5 District on the basis of the Planning Commissions findings and recommendations. Mr. Nesbitt ss aided. nil vo eu aye. Mien t;errie4.. I. License Applications. Application List Dated February 29, 1972, ' A motion was made by Mr. Lieb to approve the license applications as follows: Sewer License Plumbing License Quickway Excavating Co. - Jack Swodlund 95th Street Plumbing Jerome Haeg Mr. Nesbitt seconded. All voted aye. Motion carried. III. RECOMMENDATIONS AND REPORTS A. Public Safety Planning Grant. Request for Federal & State • Grant. Assistance to Fund Development of a Public Safety Plan & Program for Eden Prairie. Resolution No. 990. The Manager asked that action on this matter be deferred until a later date. B. Engineerina Agreements A. Banister Short Elliott neudrickson & Associates. Bryant Lake Trunk. Sewer. A motion was made by Mrs. Meyers to authorize the Mayor and • Manager to sign the February 2, 1972, agreement with Banister Short Elliott Hendrickson & Associates for the Bryant Lake Trunk Sewer. Mr. Nesbitt seconded. On roll call, all voted aye. Motion carried. B. Suburban Engineering. Baker-Mitchell Road Imirovements. A motion was made by Mr. Nesbitt to authorize the Mayor and •Manager to sign the February 15, 1972, agreement with Suburban En...neering for Baker-Mitchell Road Improvements. Mr. i..iab • seconded. On roll call, all vote.' aye. Motion Carr d. • • r5 L) 7 .0 . — 1 • Council Meeting February 29, 1972 Page Two E. Metro Sewer Meeting. Service Area No. 4. March 22nd, 7:30 P.M. Minnetonka City Hall. Finance Director, John Frane was requested by the Council to attend the mein, wet Meeting on March 2ir#:,. F. Conference on Cable T.V, March 11. Pick - Nicollet. The Misager stated that the Village will probably be involved in • the Cable T.V. situation by the end of the year and urged the Council to attend the March llth meeting. G. Hennepin County.league. Notice of March 2nd Meeting. County Libraries & Parks. Boulevard Restaurant 6:30 P.M, The Council noted that both the Council and Park Board has meetings scheduled for_the night. Hi. Pre rred Developers Coryparatiot. Request for Residential Multiple RM2.5 Zoning, i ie`PreserviPublic Hearing (Continued from Feb. 8th) Mr. Lee Johnson and Mr. Bill Bonner, representing The Preserve and Preferred Developers Corporation presented a revised develop- ment and site plan as requester) by the Council at the February 8th Public Hearing. Mr. Bonner rcviewc-d the amended site plan noting the removal of two o; the buildings or ten of the units and removal of 20 parking stalls which opened spaces between buildings and provided enlarged spaces for on site recreational spaces. The over-all density of 13.26 units per acre and a combined building, garage, driveway, open parking and recreational vehicle storage area land coverage of 25.4% was summarized. Mr. McCulloch questioned how the units were to be assessed. The Manager stated that it would be valued as any other homestead in £den Prairie. He else stated about the timetable for completic., of the project. Mr. Stangis of Preferred Developers stated that it would probably ba at 2 year project but they would hope to finish in 1 year depondinn upon the progress of occupancy Mrs. Meyers said she felt that The Preserve and Preferred Dove) opers Corporation has made sensitive reply to the concerns she explained at the February 8th hearing. L ��� �� -y 1.O' '1Cr .v,inutes January 18, 1972 Page 3 # • RECCMMF.\DATiO\7S AND REPORTS • Preferred Developers Corp.• Rezoninq for 205 Condominium Aoartmerits. • The Preserve. • The Village Manager presented a planning report dated January 18 in which he reviewed the changes that had been made in the applicant's site plan • and concluded by recommending that the rezoning request be approved. The plan report also set forth a series of recommended design parer:Tetors which it was suggested the developer should conform to in the event the rezoning were to be granted and building permit applications requested. Mr. Bill Bonner of the Preserve reviewed the status of the project plans and the recommendations of the January 18th staff planning report. Fe reported that the developer had employed a landscape architect and that his services would be utilized in the preparation of the final site design. Mrs. Schee moved that the Commission recommend to the Village Council • that the Preferred Developer request for RM 2.5 zoning on parcel 6 and 7 • of The Preserve be approved based on the Commissions findings that the proposal conforms to The Preserve Planned Unit Development Concept Plan ' and that the project would assist in achieving the objectives and purposes of the Village's comprehensive planning program. Her motion included a recommendation to the Council that the final project design parameters set forth in the January 16 staff planning report be incorporated in any rezoning action the Council mieet take. The motion also requested that ;he final site building designs be reviewed by the Planning Commission prior to any building permits being issued. • Mrs. Schee's motion was seconded by Mr. LaGrow end upon vote carried • unanimously. B. Red Roc',: Sector Plan. Lands between County Road 4 and Purgatory • Creek and Between County Road 1 end proposed Freeway 212. • The Village Manager reviewed the proposed Red Rock Sector Plan which • had been previously considered by the Commission at its meeting on • January 4, 1972 and December 21, 1971. Copies of the proposed plan were distributed to the Commission and ocher in attendance. The Manager • reviewed the plan in some detail and noted that the total plan sector area encompassed approximately 1600 acres of which approximately 224 acres • were represented by water areas leaving a net developable acreage of • approximately 1380 acres. The recommended plan provided for a sector population of approximately 15,000 persons residing in an estirr.eied 5,615 dwelling units. The plan provided for about 300 acres of open space consisting mostly of conservation spaces. It also included a • • combination elementary school and neighborhood park of approximately 40 acres a small convenient store commercial area of about 5 acres cad approximately 15 acres of institutional uses such as churches and day cure centers. Most of the land situated near ih0 existing single developments along County Road 1 and 4 and in the Scenic Heights area 1i7 F • PREFERRED DEVELOPERS CORPORATION • November 12, 1979 GENERAL CONTRACTORS LAND DEVELOPMENT City Council 251 TYROL WEST City of Eden Prairie GAMBLE CENTER Eden Prairie, Minnesota • M I N N E A P O L I S Re: Ridgewcods Cd&1cminiums - The Preserve MINNESOTA 55416 612-544-8473 Gentlemen: © © _ We herebyformally©©� y request that you approve the proposed 5/ l r. Cl registered land survey covering the land involving the �/� " above mentioned project. O The purpose of the survey is to sep • arate the land into two tracts. Tract A contains the land upon which the 35 ex- Qo© fisting units and garages are located. The density and Q ,I number 7.1 f garages and parking spaces are within the limits /� /: originally approved. After the division of the land and prior to closing of any sales on said units, we will grant cross easements to the vacant tract allowing for parking on and ingress and egress across the developed tract. Further, an easement will be given by the undeveloped tract to the developed tract allowing persons to move unto the undeveloped tract for use of the wnnun areas, for ex- ample, the recreational vehicle storage area. • Very truly yours, 1 . PREFERRED DEVEILTERS CORPORATION (-'4f t,s- 4 /✓4/1i:.C*4 c L John H. Schnobrich, Vice President JS/gk COMMERCIAL BUILDERS APARTMENT BUILDERS HOUSING DEVELOPMENT FINANCIAL ASSISTANCE ?+�_ [/ 1 I I 4 ti\ • yti4 ip / a ,\c,-, \a \� . `V^`, a�',, A ...-*'-- * IS 412. ....\ '•- 01 i . .,el, 4: , ,.. , �� ^ _ i ?a• ' \ • , r.:—11 i: "''— b/ Lk) t • W :uo n.0�.. 1 __ ,t-7,1 _ / //, ,I t_kT2L :\ / / ;.:-, t . , :,.... t_ /70 i : I V it it, y .. �� -ice . / %42 f , 3 C ni�I.. _ i i 1 . . 3 3 p �. c.- Y � r _ - )/! y ya 1,` t I U co �; `^. ', r ! \ 'Li' I • i MEMO _ , TO: . Mayor Osterholt and Members of the City Council • • THROUGH: Robert P. Heinrich, City Manager • .. FROM: Carl J. Jullie, City Engineer DATE: • November 21, 1974 • SUBJECT: Registered Land Survey Approval for Preferred Devel ers Corporation Ridgewood Project • Preferred Developers Corporation is asking approval of a land division in the form of a Registered Land Survey for the first phase of their condominium project within the Preserve called Ridgewood. The Total units and acreage breakdown for the project is as follows: • Tract A 35 units 3.05 ac. 11.5 unit/acre . Tract B 55 units v.01 ac. 13.7 unit/acre Overall Project 195 units 13.86 ac. 14.0 unit/acre In their letter of November 12, 1974, PDC assures the City that, prior to closing of any sales on said units, cross easements will be granted for access across and common use of parking and open space. We recommend approval of the Registered Land Survey as submitted for Lots 2 and 3, Block 1, Highpoint Addition. • CJJ/kmh .4: .i7 r X • Council Minutes ; -7- November 26, 1974 Vl. REPORTS OF OFFICERS, BOARDS & COMMISSIONS: (Cont'd.) C. Re ort of City Engineer (Cont'd.) 2. Registered Land Survey of Ridgewood project by Preferred Developers Corp. in The Preserve. Mr. Jullic presented to Council. Mrs. Meyers asked Mr. John Schnobrich if the developer planned to sell the split off portion. Mr. Schnobrich said they had no plans to do so at this time. Meyers moved to approve the Registered Land Survey of Lots 2 and 3, Block 1, Highpoint Addition. McCulloch seconded. Motion carried unanimously. 3. Final plat of Creel:wood Estates, 2nd Addition, an 18 lot single family residential plat located east of • Creek Knoll Road end north of Co. Road 1, Resolution No. 919. • McCulloch moved to approve Resolution No. 919 uubject to following conditions: Land along Cr::::k be dedicated per drawing presented and items 2, 3 & 4 of +he Engin- eer's (11/22/74) report. Pauly seconded. Motion carried unanimously. 4. Change Order No. 1 for Scenic Heights area utility projects under I. C. 51-262. Resolution No. 918. McCulloch moved to approve Resolution No. 918, Meyers seconded. Council members McCulloch, Meyers, Pauly, end Osterholt voted in favor of the motion. Motion carried unanimously. 5. Resolution for now Municipal State Aid Street designa- tion on future Valley View Rond from Co. Road 4 to Pl-S p.rk::y in Hidden Ponds. Resolution No. 915. McCulloch moved to approve Resolution No. 915 and direct staff to advise School District of this action. Pauly rcconded. Motion carried unanimously. 6. Resolution authorising participation in the Suburban Rate Authority, directing the execution .and delivery of o Joint Powers agreement and designating a repre- sentative of the City ns its member on the Board of the Suburban Rate Authority. Meyers moved to approve Resolution no. 916 and designate • Mr. Jullie as Eden Prairie representative. McCulloch seconded. Motion carried unanimously. I (-I * \-d. , .... _ �`�.1C.`•' \.ice` �£. � l ;i.j., i i 1 . ' . I__ f f- H.• i • \ i s. ...3.----,•• ... • .',\ ., l' , • Z . _- 'I/ i . • .--i ...- -.-,. . •I i / � , �._ {; , ' \\ \\ • //y il . ' . . , . ‘ .. \ , t :- t:--- ',\, '',• . ' ' , • \ • I • ! f.JI b y f/ • \✓ ! f 1'7 . K . MEMO TO: Planning Commission FROM: Chris Enger, Planning Director • and Jean Johnson DATE: March 23, 1978 APPLICANT: Ban - Con REQUEST: Revised Development Stage approval on Preferred Developer's Ridgewood Site. BACKGROUND: The Preserve PUD 70-04 designated this site for owner occupied attached units. Ordinance 166 in 1972 rezoned the approximate 11 acre site to RM 2.5 with an overall density of 13.26 units/acre. The plans approved contained 39 buildings with 195 units, pathway system, 4 totlots, recreational vehicle storage, and that the units be owner occupied . The City Council approved Ord. 166 based upon the Planning Commission's recommendations, ( minutes attached ). Also, a condition of the 1972 approval was that final site building designs be reviewed by the Planning Commission Iodate 1 building, Ridgewood Condominiums, 35 owner occupied units , has been built. The building exists north of the parking lot which is dotted-in an the north end of t;,, pr..„nt request dated 3/16/78 . In 1976 The Preserve applied for Development Stage approval of the site for a 3 story, 84 rental unit , apartment on approximately 6 acres. The Planning Commission recommended approval on June 21, 1976; and the City Council denied the request on July 27, 1976,(minutes attached) . PRESENT REQUEST: The Preserve is pbesently requesting approval of a development stage plan of : 13 buildings(9 buildings with 6 units each; 4 buildings with 4 units each),70 enclosed garage spaces , 70 outside garage spaces, 36 guest parking spaces, and elimination of recreational vehicle storage through covenants. In 1972 the site was approved with 4 totlots. Todate The Preserve is unsure how many they will propose , but will be prepared to speak on that subject Monday night. • ti'� L • 1 • .1 Pr Memo-Ban-Con 2 March 23, 1978 SITE PLAN REVIEW The current site plan depicts 9 six unit buildings and 4 four unit buildings for a total of 70 units. This compares with 160 units which -• they currently have approval for. The staff feels that this density reduction, as well as the smaller massing character of the buildings, is much more desirable. • The staff does recommend that extensive grade separation and screening be planned and sbumitted to the staff for approval along Neil Lake Road prior to building permit insurance. RECOMMENDATIONS The PlanningStaff recommends approval of the site plan and building configur- ation change dated 3/16/78 , contingent upon meeting of all city ordinances and policies, as well as Engineering Department approval. CE:jj • hn I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA { ORDINANCE 78-44 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 No. 135 is amended as follows: The following described property, as set forth in Exhibit A attached hereto and made a part hereof shall be and hereby is removed from the Rural District and shall be included hereafter in the Office District. 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 RAUENHORST CORPORATION, a Minnesota 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 of Eden Prairie relating to the Office District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,1978, and finall read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,1978. • WO-Igang H. Penzel, Mayor ATTEST: SEAL John D. Franc, City C].erd— Published in the Eden Prairie News on the day of ,1978. 1 The West 45.00 feet of Lot 1, as measured at right angles to and parallel with the West line of Lot 1, Block 1, Opus II Second Addition, according to the recorded plat thereof, Hennepin County, MN nesota. EXHIBIT A Rauenhorst Corporation (American Family Insurance Parking Lot Expansion) American Family Ins. Lot 10/10/78 DEVELOPER'S AGREEMENT • ThIS AGREEMENT, made and entered into in triplicate as of , 1978 by and between Rauenhorst 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 Office of approximately_.49 acres for develop- ment of land more fully described in Exhibit A attached hereto and made a party hereof, hereafter referred to as "the property", and WHEREAS, Owner desires to develop the property for use as additional parking surface to serve the business of American Family Insurance conducted adjacent thereto. NOW THEREFORE, in consideration of the Mayor and City Council of Eden Prairie adopting Ordinance 78-44 changing the zoning from Rural to Office , Owner covenants and agrees to construction, development and maintenance of said property as follows: 1. Owner shall conform with all planning, architectural, engineering, landscaping and fee requirements of all City ordinances. 2. Owner shall develop the property for parking uses in conformance with the material reviewed and approved by the City Council on October 3, 1978 dated August 16, 1978 and attached hereto as Exhibit B and subject to City Engineer's review and approval. 3. City approves the concept of a parking ramp structure, on the property as described in Exhibit B. If construction of the parking ramp is not commenced prior to 24 months from the date hereof concept approval shall terminate and expire. 2; )O Rauenhorst Corp. Development Agreement page 2 October 10, 1978 4. Owner shall submit a detailed plan of parking ramp structure • for City's review and approval prior to any such construction. 5. Owner shall submit a detailed landscaping plan to City Planning Department for review and approval prior to issuance of a building permit. 6. Owner shall obtain a grading and land alteration permit, and other necessary permits from the Nine-Mile Creek Watershed District. 7. Owner shall obtain necessary permits from the Hennepin County Department of Transportation as outlined, in the letter of August 23, 1978 attached herto as Exhibit C . 8. Owner shall pay $588.00 Cash Park Fee concurrent unon issuance of a building permit. 9. Owner authorizes an_administrative land division_the_effect of • which will remove the property from Lot 1, Block 1, Opus II, Second Addition and combine it with Lot 2, Block 1, Opus II, Second Addition. City hereby makes those findings required by State Statutes 3, Ordinance 93, as amended by Ordinance 161 with respect to the land division. 10. Owner shall file this Agreement with the Register of Deeds or Register of Titles 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 6D days from the date of this Agreement. 11. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accordance with paragraph 3 herein, Owner for itself, its successors, and assigns shall not oppose rezoning of said pro- perty to Rural. 12. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. 13. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens, and other encumbrances, except. . . • 21)5f Rauenhorst Corp. Development Agreements page 3 • IN WITNESS WHEREOF, the parties to this Agreement have caused these present to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY: Wolfgang H. Penzel, Its Mayor BY: Roger K. Ulstad, Its Manager STATE OF MINNESOTA) )SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1978 by Wolfgang Penzel, the Mayor and Roger K. Ulstad, the City Manager of the City of Eden Prairie a municipal corporation on behalf of the corporation. //// �N tary Public/ �♦ RAUENHORST CORPORATION, a minnesota corporation of the State of Minnesota BY: //'t.['{ (/IuZ STATE OF MINNESOTA) )SS COUNTY OF HENNEPIN) The foregoing in trumpnt was acknowledged be ore me this /, d�' of OP �:J 1978 b :ql /LA'&�1c:ZL,t(7,����_,the f1 (f f%a�.ru�- ty. outi!A v the G" of e' enhorst Corporation on/behalf of said corporation. 2552 The West 45.00 feet of Lot 1, as measured at right angles to and parallel with the West line of Lot 1, Block 1, Opus II Second Addition, according to the recorded plat thereof, Hennepin County, Minnesota. EXHIBIT A Rauenhorst Corporation (American Family Insurance Parking Lot Expansion) 91)'J D32EQP AWRa..siIhEinNgT tOoonF TRANSuPOthRTATIOJ : ., Av o �Hopkins, Minnesota 55343 4. .., . • HENNEPIN J L .... 935-3381 • • August 23, 1978 • Mr. Chris Enger Planning Director City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Enger: We have reviewed the proposed parking expansion plan for the American Family Insurance Company, which you sent us on August 16, 1978. Our primary concern is that he existing drainage pattern should be maintained. In addition, there can be no construction permitted within the CSAH 62 right of way. The reference to construction of a drainage swale along the right of way for CSAH 62 also appears on the original grading plan, dated February 16, 1977. Therefore, we assume this work has been completed. • Should any construction be agreed to within our right of way, a permit will be required from our Maintenance Division. We appreciate the opportunity to review the proposed plan. • Sincerely, 2ames M. Wold, P.E. Chief, Planning and Programming JMW/JVV:bg • HENNFPIN COUNTY • on equa EXHIBIT C i 2551 TO: Mayor Fenzel and members of City Council FROM: Human Rights and Services Commission SUBJECT: Resolution in support of South Hennepin Human Services Council Task Force on Family Violence Statement of Purpose Attached is the statement of purpose from the South Hennepin Human Services Council Task Force on Family Violence. This group has been meeting since May. The background and membership of the Task Force are outlined in the report. On the reverse side are the names of those who have been involved in the task force. The Human Rights and Services Commission endorsed this statement of purpose at its meeting on October 9, and recommends endorsement by the City Council. (No money is involved.) A suggested resolution is also attached. • 1 25 j).) S I • H ; I{ ; ____._ SOUTH HENNEPIN HUMAN SERVICES COUNCIL S ' • Serving: Bloomington Eden Prairie SOUTH HENNEPIN TASK FORCE ON FAMILY VIOLENCE Edina Statement of Purpose . Richfield FACT: Family violence is prevalent throughout our society regardless of education or income levels. It is also a crime. • FACT: Violence is a learned behavior. Children who are abused often become abusive parents. FACT: Family violence is a hidden problem, difficult for a family to admit, but impossible for society to ignore. BACKGROUND • The South Hennepin Task Force on Family Violence evolved out of a request to the South Iennepin"Human Services Council from the Edina Human Relations Commission to coordinate an area-wide effort to address the problem in our four cities. All Human Rights/Relations Commissions are represented and provide a linkage to the Commissions and the City Councils. MEMBERSHIP The Task Force is a community group of citizens and professionals who live or work in the South Hennepin area. Agencies represented include: police, public health, schools, private family and youth service agencies, women's organizations, and Hennepin County Community Services and Juvenile Probation. Participation is open. Interested people are invited to join us. PURPOSE The purpose of the Task Force is to address the problem of family violence as it exists in our communities by: 1) Promoting positive family relationships, 2) Providing information about existing resources, 3) Developing new resources, and 4) Assisting professionals to be more effective in working with violent families. Some initial efforts of Task Force sub-committees are: developing information about local resources for use by Information and Referral agencies, publicizing events/resources via the media, mailings and agencies; developing teacher and staff training, reporting policies and prevention curriculum in schools; coordinating parent support groups and child care exchange for single parents; developing a "First Home" for unwed teenage mothers. In addition the Task Force supports local efforts to develop family oriented programs, facilitates interagency communication and coordination, develops recommendations for the resolution of community problems, monitors/supports new legislation related to family violence, and works with other organizations in cooperative efforts to address issues related to family violence. • COMMUNITY SUPPORT The South Hennepin Human Services Council and the Task Force on Family Violence ask for support for our efforts from City and agency officials, citizens and professionals. TOGETHER WE CAN IIF.LP TROUBLED FAMILIES Task Force on Family Violence • MEMBERS: • • Ellen Brakken, Hennepin County Community Services Al Carlson, Hennepin County Child Welfare Services Pat Carnes, Fairview Southdale Family Renewal Center Sue Christiansen,Edina League of Women Voters Kathryn Dewey, Bloomington Public Schools •Rosemary Dysinger, Eden Prairie Human Rights and Services Commission Carl Fraction, Bloomington Human Rights Commission Gayle Hallin, Bloomington Public Health Department Greg Heberlein, Side by Side Marian Kapusta, Hennepin County Juvenile Probation Jeanette Larson, Bloomington Public Schools Mike McCawley, Big Brothers, Inc. Dick Merwin, Hennepin County Child Protection Ralph Olson, Richfield Human Relations Commission Mary Lou Spies, Valley View Parent/Child Center Bob Stevens, Richfield Police Department Tully Stoppel, Edina Public Schools Sally Tang, South Hennepin Human Services Council Board of Directors Lisa Taylor, Junior League of Minneapolis • Trina, Parents Anonymous - Leslie Turner, Edina Human Relations Commission Jerry Winters, South Hennepin Family and Children's Service Mike Wolff, Storefront/Youth Action OTHER INTERESTED CITIZENS • Helen Coffin, Hennepin County Community Services • Steve Geiger; Eden Prairie Public Safety • Nancy Geulich, Student Meredith Hart, Board of Directors, Family Renewal and Storefront/Youth Action Pat Helmberger, Bloomington Human Rights Commission Shirley Hokanson, Legislative Representative, Richfield • Joyce Nolte, Eden Prairie Public Safety Miriam Ingebritson, Family Renewal Center a.Betty Johnson, Eden Prairie City Administration Charlene Kriel, Student Steve Lepinski, Storefront/Youth Action Lois Miller, Bloomington League of Women Voters Mancel Mitchell, Edina Police Department Mike Rybak, Richfield Police James Stoebner, Hennepin County Mental Health Department • Pat Wakely, Eden Prairie Human Rights and Services Commission STAFF: Mary Weeks, Coordinator, South Hennepin Human Services Council Russ Stricker, Director, South Hennepin Human Services Council 2557 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 78-202 A RESOLUTION SUPPORTING STATEMENT OF PURPOSE OF SOUTH HENNEPIN HUMAN SERVICES COUNCIL • TASK FORCE ON FAMILY VIOL..ENCE WHEREAS, family violence is prevalent throughout our society regardless of education or income levels, and, WHEREAS, violence is a learned behavior,with abused children often becoming abusive parents, and, WHEREAS, family violence is a hidden problem, one that is difficult for a family to admit but impossible for society to ignore, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: The City Council of the Cityoof Eden Prairie endorses and suppe's the statement of purpose expressed by the South Hennepin Human Services Council Task Force on Family Violence In October, 1978, which is coordinating an area-wide effort to address the problem In the four South Hennepin communities. • Wolfgang H. Penzel, Mayor SEAL Attest: John D. Franc, Clerk 2 55$ rJ,e� CITY OF EDEN PRAIRIE • HENtNEPIN COUNTY, MINNESOTA • ORDINANCE NO. AN ORDINANCE PROVIDING ADDITIONAL REGULATIONS CONCERNING THE PARKING OF VEHICLES. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS: • Section 1. Parking Regulations. (a) No Parking 2 a.m. to 6 a.m. No vehicle except that of a physician on an emergency call, shall be parked on any street in any one place for more than 30 minutes between 2:OD and 6:00 A.M.; and no vehicle shall in any case, be parked upon any street in any one place for a longer continuous period than 12 hours. • (b) After a snowfall of at least one and one-half inches (I;"), parking is prohibited on any public street or alley.in the City of Eden Prairie, and parking may not resume on any such street or alley until the same has been plowed and the snow removed to the curb line. (c) Vehicles parked on any City street shall be parked with the right side wheels adjacent to and within 18" of the right side shoulder or curb. • (d) Double Parking. Vehicles shall not be double parked on any City street or highway. (e) Display for Sale. No vehicle shall be parked on any street for the purpose of displaying it for sale. (f) Police Order. No person shall park any vehicle where temporary signs are posted reading "No Parking - Police Order" as long as such signs are in pTace and have been posted at the order of the Oirector of Public Safety. ' (g) Truck Parking; Residential Uses and Districts. No motor vehicle carry-ing a commercial license and rated at more than one ton r) capacity; no motor vehicle designed, used, or maintained for the • towing of other motor vehicles or equipment; and no cowlereial trailer shall be parked or stored in a platted I,rdeptall? district except when loading or unloading dr rendering a service. No more than one conenercially licensed vehicle shall he parked on or adjacent to a platted residential lot at any time except when loading or unloading or rendering a service. The word "plat led" as used in• this section shall include actual plats, registered land surveys, and auditor's subdivisions. ) . • (h) Fire lane. No person shall park in any area designed as a fire lane, except emergency vehicles responding to calls for service. (i) Fire Hydrant. No person shall stop, stand, or park a vehicle within 10 feet of a fire hydrant, except emergency vehicles responding to calls for service. • (j) No person shall park a vehicle in any private driveway or on private property or parking area on private property without the direct or implied consent of the owner or person in lawful possession of such property. (k) Securing_Ignitions. • Any person parking a motor vehicle on a City street or alley or in any City parking area or any shopping center parking lot or any apartment building parking lot shall secure the ignition so that it may not then be started by another, except that public road maintenance or public safety emergency equipment, which by its nature is difficult to restart, may be kept running if the vehicle is secured and locked so as to prevent access to its driving controls by the public. If the ignition is secured by a key, the person shall remove the key and take it . with him. (1) Parking of Vehicles on Private Parking tots. Parking of vehicles on private parking lots within the City shall conform to any stalls or positions for parking designated on the surface of the parking area and no vehicle shall be parked or allowed to stand in any area of such parking lot which has been designated or is used for a lane for moving traffic so as to interfere with the movement of traffic thereon. • The Director of Public Safety or City Engineer may post signs at any entrances to a private parking lot from a public street, which shall designate one-way traffic for entrance or exit, and the driver of any vehicle entering or leaving any such lot shall comply with any one-way signs so posted. This section shall not apply to the driver of a school bus stopped for the purpose of receiving or discharging any school child or school children, provided the bus is equipped and identified as provided in State Statute • 169.44 and is displaying the flashing red lamps and stop arm required thereon. 25(10 -2- • Section 2. No ParkiEg 9ns. Whenever the owner of property used for • or in connection with business purposes is required by ordinance, by the conditions precedent or applicable to the issuance of a use or occupancy permit, or by written order of the Fire Marshal, Fire Chief, or the Director of Public Safety to maintain driveways, access lanes, or other areas unob- structed by parked or stopped vehicles for the purpose of insuring access • or egress for police, fire and emergency vehicles, the owner or person in lawful possession of such property shall place or cause to be placed•a sign or signs as follows: (1) The sign shall be placed in such a position that it is visible to anyone attempting to use the way or area for parking, stating • • that: "No Stopping or Parking'.' or "No Parking - Fire Lane." • (2) The signs shall be permanent, nonportable signs, except when temporary signs are approved by written order of the Fire Marshal, Fire Chief, or Director of Public Safety. (3) The signs shall he placed at appropriate locations under the super- vision of the City. (4) At the entrance to a business or an establishment where such signs • have been placed as set forth in this Section, exception may be made for persons who let passengers off from their vehicle at such an entrance. • Section 3. Violations. (a) In any prosecution charging a violation of this Ordinance, proof • that the particular vehicle described in the complaint was parked in violation of this Ordinance, together with proof that the def • - endant named in the complaint was at the time of such parking the registered owner of such vehicle shall constitute prima facie evidence that .the registered owner of such vehicle was the person who parked or placed such vehicle at the point where such violation 'occurred. Failure to obey the above parking regulations shall constitute a petty misdemeanor. (b) Failure of a property owner or person in lawful possession of property to place or post and maintain such signs as described and authorized in Section 2 is a misdemeanor. • • a.+;(,1 -3- • Section 4. Penal . Any person violating any provision of this ordinance shall •be guilty of a misdemeanor and shall be punished by a fine not to exceed $300.00 or by imprisonment in the County Jail for a period not to exceed ninety (90) days, or both such fine and imprisonment, but in either case the costs of prosecution may be added. FIRST READ at a regular meeting of the Council of the City of Eden Prairie• this day of 1977 and finally read, adopted and ordered published at a regular meeting of the Council of said City on this 'day of , 1977. ATTEST• Wolfgang Pen7e1, Mayor - John D. Frane, City Clerk Published in the on the _ _day of _, 1977. • � !iD October 17, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-203 RESOLUTION REJECTING BIDS I.C. 51-321 WHEREAS, sealed bids were received and opened by the City on October 12, 1978, for making the following improvement: I.C. 51-321, Street improvements on Lotus View Drive. and only two bids were received as follows: McNamara-Vivant Cont. Co. $67,713.30 C. S. McCrossan, Inc. $77,688.00 WHEREAS, the lowest bid is almost 30% above the engineering estimate by BRW, Inc., consulting engineers, and WHEREAS, the City Engineer recommends that all bids should be rejected and the work incorporated with a larger project. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said bids received on October 12, 1978, are hereby rejected. 2. Plans and specifications for said improvements on Lotus View Drive shall be incorporated with the bids to be received for similar improvements on Dell Road. I.C. 51-326. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. rane, Clerk 0.utxV G/T NM4PORTATON/ENSILEAw/ARCH ECT W E October 13, 1978 Honorable Mayor & City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: Construction Bids-Lotus View Drive Improvements Contract 51-321 Members of the Council: Two bids were received and opened at 10:00 AM, Thursday, October 12, 1978 on the above referenced project. The bids were as follows: Contractor Total Bid McNamara-Vivant Construction $67,713.00 C.S. McCrossan Construction $77,688.00 The Engineer's estimated construction cost at time of final plan presenta- tion .aas $48,848.00. The low bid reflects on increase of 39% based upon the engineers estimate. Several factors contributing to this increase are the project size, cha present construction boom and related material shortages, in particular the cement shortage. • Due to the increased costs, based on the bids, it is recommended the council reject all bias and authorize the rebidding of the project along with Improve- ment Contract 51-326, Dell Road. This may ;,;ovide a reduced cost for the construction due to its incorporation with the larger project. g,THER RNCACGE NOISY F10..Nf.VS GUNN(11 NC 7101 KM MINE 9.UTN MNNEAP0.6.MN S.5435 AOrE 6240 MOO We will be present at the council meeting on October 17 to answer any questions with regard to the bids. Respectfully, BATHERR--RIUGROSE-WOLSFELD-JARVIS-GARDNER, INC. Terry L. Herman, P.E. Project Manager rc: Council (7) Carl Jullie, City Engineer File: 21-7802 TLH:men 1 • October 17, 1978 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 06-09-78 10406 VOID OUT CHECK (1,580.00) 09-28-78 1783 DENNIS & CLEO GRAFF Easement-Eden View I 36.D0 1784 STANLEY & CAROLYN MUNKELWITZ Easement-Eden View I 33.60 1785 O. PERCY & ANNY MAGNELL Easement-Eden View I 30.00 1786 LOUIS C. & ELAINE WITT Easement-Eden View I 74.10 1787 DALE E. & RACHAEL EVANS Easement-Eden View I 91.52 1788 WILLIAMSON CONST. CO. Easement-Eden View I 102.50 1789 GARY L. & MARILYN STEVENS Easement-Eden View I 12.50 1790 DENIS G. & JOANN DARTT Easement-Eden View I 47.70 09-29-78 1791 ED PHILLIPS Liquor 571.44 1792 QUALITY WINE CO. Liquor 274.03 1793 IDS CENTER OBSERVATION DECK Tickets-Community Services dept. 9.75 10-02-78 1794 PUBLIC EMPLOYEES Employees withheld and employers RETIREMENT ASSN. contribution 9-29 payroll 6,088.58 1795 FEDERAL RESERVE BANK Taxes withheld 9-29 payroll 7,815.20 1796 STATE OF MINNESOTA Se;.tt. taxes withheld 10,413.68 1797 UNITED WAY Donations withheld 9-29 payroll/ 27.12 1798 PRAIRIE VILLAGE MALL Rent on Liquor store r, . -I 1,654.26 1799 HENNEPIN COUNTY FINANCE DIVISION Taxes on Holasek property 136.63 10-05-78 1800 PREFERRED TRAVEL SERVICE Air fare-Carl Jullie conference for Water dept. 238.00 1801 POSTMASTER Postage for utility bills 81.10 1802 GARY ENGFER Refund on overpayment of workmans comp insurance 45.10 1803 INSTY-PRINTS Service-Public Safety dept. 14.80 10-06-78 1804 ED PHILLIPS Liquor 1,924.09 1805 GRIGGS, COOPER & CO. Liquor 1,092.95 1806 OLD PEORIA CO. Liquor 537.75 1807 JOHNSON WINE CO. Wine 78.33 1808 INTERCONTINENTAL PACKAGING CO. Wine 102.85 1809 CAPITDL CITY DIST. CO. Wine 22.00 1810 QUALITY WINE CO. Wine 217.09 10-10-78 1811 MINNESOTA RECREATION & PARK ASSN. Football registration fee-Community services 60.00 1812 VERNON E. & MARY STICKLER Easement-Eden View I 730.63 1813 A & H WELDING Equipment parts 19.60 1814 ASTLEFORD EQUIPMENT Equipment parts 91.84 1815 EARL F. ANDERSEN Street signs 94.05 1816 ARTEKA, INC. Shrubs for City Hall landscaping 290.10 1817 ALBINSON Supplies-Assessing dept. 40.55 1818 ACRO-MINNESOTA, INC. Office supplies-Engineering 10.20 1819 AQUATROL CORP. Repair service-Water dept. 124.06 1820 AMERICAN FORESTRY ASSN. Dues-Stuart Fox 8.50 1821 ROSANNE BITTER Refund on tree care lessons-Community service 4.00 October 17, 1978 10-10-78 1822 BALDWIN COOKE CO. Supplies-Manager's office 11.23 1823 BRAUER & ASSOC., INC. Services-Scenic Heights upgrading 1,115.73 1824 BUREAU OF BUSINESS PRACTICE Posters-Water plant 52.52 1825 COPY EQUIPMENT, INC. Supplies-Engineering and Park Planning 162.98 1826 CROWN RUBBER STAMP Office supplies-City Hall 5.65 1827 CHANHASSEN AUTO PARTS Equipment parts 272.65 1828 DALCO Cleaning supplies-Fire dept. 92.75 1829 STATE OF MINNESOTA Supplies-City Hall 3.50 1830 DORHOLT PRINTING Printed forms-Liquor store 77.27 1831 EDEN PRAIRIE SCHOOLS Gasoline 2,091.58 1832 EDEN PRAIRIE NEWS Sept. ads 293.43 1833 STUART FOX Mileage-Tree disease 59.25 1834 MARSHA FICKES Mileage-Community Development project 36.90 1835 FEED-RITE CONTROLS Chemicals-Water dept. 1,143.00 1836 DALE GREEN CO. Sod-City Hall expansion 9.75 1837 GEBERT FLOOR COVERING Molding-City Hall addition 72.00 1838 NORM GANZ FENCING CO. Fencing-Community Development project (Preserve Park) 1,502.00 1839 GLIDDEN PAINT Paint-Park Maint. 102.50 1840 GUYS AUTO SUPPLY, INC. Equipment parts 283.04 1841 VOID CHECK • 3,779.35 1842 HENNEPIN COUNTY Taxes on park property 1843 MARK HURD AERIAL SURVEYS Topographic mapping 1,025.00 1844 HENNEPIN COUNTY Supplies-Street dept., City garage and 2,683.66 Tree disease 1845 HONEYWELL, INC. Circular charts-Water dept. 52.80 1846 HOPKINS DODGE SALES Equipment parts 45.14 1847 INTERSTATE OFFICE SYSTEMS Repair on recorder-Engineering dept. 31.00 00 1848 JAMES JENSEN Mileage-Planning dept. 9.401.15 1849 ELIZABETH JOHNSON Sept. services 1850 ROMELL JOHNSON Refund on tree care lessons-Community services 4.00 1851 EDWARD KRAEMER & SONS Rock-Bryant Lake trails grant 1,058.20 8.20 1852 LYNN KLEIN Refund on exercise lessons 1853 KARULF HARDWARE Supplies 273.6873.68 1854 KRAEMERS HARDWARE Supplies 1160.69 1855 LONG LAKE FORD TRACTOR Equipment parts 9.71 1856 MINNEAPOLIS STAR Bicycle sale ad 118.00 3 1857 ROBERT MARTZ October expenses 1858 METROPOLITAN WASTE CONTROL COMMISSION November sewer service charges 13,456.19 1859 MAPCO Rock-City Hall addition 24.23 186D MEDCENTER HEALTH PLAN Insurance 958.73 1861 MINNEGASCO Services 31.35 1862 MALKERSON MOTORS Equipment parts 103.24 1863 MID-CENTRAL FIRE & SAFETY Supplies-Street Maint. 25.00 1864 MIDWEST ASPHALT Asphalt-Street Maint. 262.94 1865 MINNESOTA MUNICIPAL 60.00 LIQUOR STORES Dues-Ward Dahlberg 1866 NORTHLAND PLBG. Refund on permit overpayment 75.50 1867 MARGARET NELSON Refund-Community Services dept. 114.03 . 1868 NORTHERN STATES POWER Services 35.25 ` 1869 PITNEY BOWES Postage meter1 25 1870 POWER BRAKE EQUIPMENT Equipment parts 1871 PHYSICIANS HEALTH PLAN Insurance 3,782.88 1872 REED'S SALES & SERVICE Repair parts-Park Maint. 69.80 2,,G,") October 17, 1978 10-10-78 1873 RANDY RANNOW Reimbursement for concession supplies 23.53 1874 ROOT-O-MATIC Sewer service 56.00 1875 RIEKE-CARROLL-MULLER ASSOC., INC. Services-Eden View I, Homeward Hills Rd. Imp., Str.&Wtr. Country Vista, Well Pumphouse #3., Amco on TH169, Norseman Pk 2nd Add, Crosstown Ind. Pk., Super Value Swr., and Str&Wtr. truck Round Lake area 16,327.01 1876 W. E. NEAL SLATE CO. Supplies-Fire dept. 96.00 1877 NANCY SAURO Refund on tree care lessons 4.00 1878 SOUTHTDWN REFRIGERATION Ice chest repairs-Liquor store 60.04 1879 VOID CHECK 1880 STATE OF MINNESOTA Services-TH169-494 36.13 1881 ST REGIS PAPER CO. Building materials-Forest Hills tennis courts grant 4.35 1882 SUBURBAN AUTD ELECTRIC Repair service on equipment 81.80 1883 SEELYE PLASTICS, INC. Adapters-Water dept. 3.05 1884 GORDON SMITH CD. Disel fuel for Community Development project $417; Equipment parts, fuel and small tools for garage $175 591.67 1885 TAYLOR RENTAL Mower rental-Water dept. 50.88 1886 TRI STATE MACHINERY CO. Bobcat rental-Bryant Lake trails grant 800.00 1887 TWIN CITY TESTING Water samples-Well Pumphouse #3 project 152.50 1888 UiriJN OIL COMPANY Equipment lubricants 448.25 1889 VAN WATERS & ROGERS Chemicals and supplies-Water dept. 403.11 1890 VAUGHN'S Flags for Water dept. 132.00 1891 WESTERN LIFE INSURANCE Insurance 336.40 1892 SHEILA WHALEN Refund on tree care 4.00 1893 SANDRA WERTS Mileage 27.04 1894 WATER PRODUCTS CD. Meters $8,028; supplies and parts $890 for Water dept. 8,918.13 1895 WODDRICH CONSTRUCTION Grading work-Bryant Lake trails grant 495.00 1896 GRAHAM PAPER CO. Office supplies-City Hall 191.10 1897 M. T. WILEY, INC. Trees-Tree disease dept. 6,03D.00 1898 WARNERS HARDWARE Shelves-City Hall addition 37.75 1899 WORD PROCESSING CENTER Recorder repair-Community Services Adm. 6.52 1900 WALDOR PUMP & EQUIP. Repair parts and service-Water dept. 351.05 19D1 ZIEGLER, INC. Equipment parts 54.87 1902 ZECO COMPANY Flashers for squad cars 151.50 1903 LANG AND PAULY Legal services 5,492.44 1904 BACHMANS Supplies-City Hall addition 56.42 1905 VOID CHECK 1906 LUND PAINT Carpet installation-City Hall addition 569.70 1907 PATCHIN APPRAISALS Services-Krahl appeal 610.OD 1908 SONIC ALARM CORP. Alarm services-Liquor store 136.50 19D9 VOID CHECK 1910 AMERICAN BANK Distruction of bond coupons 25.00 1911 CTS BUSINESS MACHINES Calculator 169.95 1912 NORTH CENTRAL UNDERGROUND Contract-Crosstown Ind. Park Est. No. 1 107,352.OD 1913 NORTHDALE CONSTRUCTION Contract-Est. No. 3, Norseman Pk 2nd addition 11,345.00 1914 RICHARD KNUTSON Contract-Est. No. 2, Str Imp Nygren Est. 3,455.38 1915 RICHARD KNUTSON Contract-Est. No. 3, Str&Wtr Country Vista 7,113.27 s-')(o�7 D October 17, 1978 10-10-78 1916 BROWN & CRIS CONST. Contract-Est. No. 5, Homeward Hills Rd. Improvement 1,602.00 1917 G. L. CONTRACTING Contract-Est. No. 3, Well Pumphouse #3 62,622.63 1918 A & K CONSTRUCTION Contract-Est. No. 1, Well Pumphouse #3 5,490.00 1919 BERGERSON-CASWELL, INC. Contract-Est. No. 4, Well Pumphouse #3 11,208.00 1920 JOHNSON BROTHERS CORP. Contract-Est. No. 6, Eden View 1 107,512.26 1921 PROGRESSIVE CONTRACTORS Contract-Est. No. 11, TH169-494 7,945.30 1922 DIANNE HANSON Mileage-General services 6.60 1923 SUBURBAN HENNEPIN COUNTY VOCATIONAL SCHOOLS Tuition for Ronald Johnson-Fire dept. 56.00 1924 GENE JACOBSON Expenses for Fire Instructors Assn. of Minn. Board of Directors meeting 123.08 1925 UNITED FIRE FIGHTERS U.F.F. school for three firemen 24.00 1926 C. 0. FIELD COMPANY Application No. 4-New Fire stations 73,006.75 1927 DICKEY-KODET ARCHITECTS Service-New Fire stations 90% complete 4,545.60 1928 METROPOLITAN ANIMAL PATROL Sept. services 583.50 i029 FIRE ENGINEERING Subscription-Fire dept. 12.00 1930 STANLEY RIEGERT Mileage for fire school 11.10 1931 STEPHEN WHITE Reimbursement for National Registry Test for E.M.T. 15.00 1932 JACK HACKING . Expenses 10.28 TOTAL 514,855.30 .s k,,9