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HomeMy WebLinkAboutCity Council - 11/08/1978 JOHN FRANE EDEN PRAIRIE CITY COUNCIL WEDNESDAY, NOVEMBER 8, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan • Meyers, Dave Osterholt and Sidney Pauly CDUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Franc; Director of Comunity Services Bob Lambert; Engineer • Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CANVASSING BOARD • I. CERTIFICATION OF NOVEMBER 7, 1978 ELECTIONS CITY COUNCIL I. APPROVALOF AGENDA AND OTHER ITEMS OF BUSINESS II. PRESINIFkT;ON BY FfMMISSIONER GAYLE r.INCANNON, METROPOLITAN TRANSIT Page 2570 COMM1`.SiON III. MINUlES A. Minutes of the Special City CouncilMeeting held Tuesday, September 12, Pace 25: 1978 D. Minutes of i:he City Council Moet.in2 held Tuesday, October 17, 1978 Page 2585 IV. CONSENT CALENDAR A. Clerk's License List Page 2602 B. Request. to set a Public Hearing fo;_ December 5, 197E for BarMil Search Pace 260; Corporal;on to rezone and plat 11_7 acres —C. Resolution N:;_ 7^_209, authorizing expenditure of MSA funds for TH 169/ Page 26C I-^94 raid, construction, I.C. :,1-30$ — — —D. Authorization for advertisement of bids for flusher truck Page 2605 •tt • E. Resolution No. 7R-210,_reiatinto parking on f:,iure Dell_Road Page 2606 1 cu ' V. PUD I IC HEARINGS A. Prairie fast 7th, request by Ilustad Dew to ment Corporation to rezone feo:cilie 1 to RM ti.r and nr(:l'ininar {Resolution No. 7i,-103,uoi ordinance 14o. I8--0) LenLSnucd from October 17, 1978 Council Agenda - 2 - Wed.,Novenrber 8, 1978 V. PUBLIC HEARINGS (continued) i B. Menard's, Inc_, recLuest _to_prelimina y hlat 9_lots on approximately Page 2608 75 acres andrezone 13 acres from Rural to C-Regional Service for a Menard's Lumber Store. (Resolution No. 78-204, approving preliminary platting, and Ordinance No. 78-45, approving rezoning) C. Sanitary sewer extension for Seer Valu headquarters site and Page 2634 adjoining pry rties at Co. ltd. 60 and 1-494, I.C. 51-332 (Resolution VI. REPORTS OF ADVISORY COMMISSIONS VII. PETITIONS, REQUESTS & COMMUNIC_ATIONS A. Request by Northern Cablevision, Inc. to establish a Cable Service Page 2635 Territory B. Request from DonPoupArd, 6251 Beach Road, to appear before the Page 2643A Council C. Request from The Preserve for a new temporary location for their Page 2644 major sign on the former Carnes property D. Request by The Preserve for c 1 ear extension on development Page 2646 Approval for Basswood project • E. Itauest by Weis Builders for extension of 1 more year on development Page 2647 deadline, from November 8, 197b co November 8, 1979 F. Request to withdraw rezoning for 2 acres from Rural to Public for Page 2649 construction of a future library VIII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-28, rezoning from Rural to R1-13.5 Page 2650 for approximately 11 acres to lots for 0jympie Hills 5th Addition, Olympic Hills Corporation, and developers agreement B. Re :e1u; No. 78-205, authori; ina sale of bonds in the amount of Page 2661 IX. REPORTS OF OBFCER�, BOARDS & COMMISSLEONS A. Reports of Council Members B. port of City Hanauer C. Report of City Attorn D. Report of Director of Coaunuritv Services_ 1, CrossCouni.r,1_S_ki Trail Groomer Page 2663 2. Camp Frontier_Park_ Site Page 2665 • Capp --- -- Page 2669 3. hiit.chell Lake Parma: Acquisition - Miller Brothers Option Council Agenda - 3 - Wed.,November 8, 1978 Ir E. Report of City Engineer 1. Consider bids for street and utilit im rovements in Lake Trail page 2670 Estates, I.C. 51-315 Resolution No. 78- 06) 2. Resolution No. 78-211, authorizing ermit a plicationnfor Page 2672 connection to Metrgpolitan Waste Controlomission s interceptor sewer for Lake Trail Estates 3. Resolution No. 78-208, for acquisition of street right-of-way Page 2673 from Condor Corporation for 74th Street improvements, I.C. 51-319 F. Report of Finance Director Page 2675 s. 1. Payment of Claims Nos. 1933 - 2111 X. NEW BUSINESS XI. ADJOURNMENT. 1 801 Aint:nc:�n Centel Building St.Paul,!i1innt�sota 5510 612/221 0 9 r . - iN Pry ,. � Q.jt August 7.3, 1978 {lb�� 145 Mayor and Councilmen City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, 1111 55344 Dear Mayor and Councilmen: • It has been about 13 months since I was appointed as your representative • on the Metropolitan Transit Commission. During that time I have had the opportunity to meet with commissioners, city officials, and corununity leaders in almost all of the coumumities in Precinct H. Most of these • • meetings have, in my opinion, been very productive. I am especially proud of our joint efforts to retain bus service in Shakopee; our transit marketing efforts in Burnsville and Apple Valley and the new transit service to the 'loo. The latter serves West St. Paul and helps relieve congestion in Apple Valley. I recognize that while much has been done, there is much left to do. We continue to need better bus service and assistance in developing paratransit programs. I want you to know that I regard my job as your representative on the MTC as very iml>ort::nt. I will be calling the city or county office to see if you desire a meeting and/or if you would like to discuss the 1979 Commission Work Budget. I knew the length of your agendas and will understand if you do not feel the need to meet at the present. time. I hope you will continue to call on me to attend transit meetings in your community, to resolve transit problems or to obtain services or information about transit. • Thank you for your cooperation and support during the past year. I look forward to continued service as your MTC Commissioner. Sincerely, 1,1 , ,X(..6,,,...,,,,,.--.,,, yle K i nco;anonn Commissioner CMK/pj k/19 • 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 TUDOk OAKS (COVENANT LIVING CENTERS) FROM 7.5 TO 11.2 MILLION DOLLARS_ Mayor Penzel requested that the proponent comnent 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 accommodate 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 S36,000 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 1 dissipation of corporate assets. %1 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 acconnnodation 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. Osterholt 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 • Bond Counsel $28,000 - $30,000 (Paid by Dougherty, • et al) Dain, 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 - fues.,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`rc) 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: Bye 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 By-Laws. Roll Call Vote: Bye, Meyers, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. • r,.�. 1 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. , • • WILY $11.2 MILLION RATTIER 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 estimated 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 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 0 TOTAL LESERVES & CAPITAL $ 1,211,000 $ 4,446,000 TOTAL APPLICATION $14,121,000 $18,600,000 i I 1, I - 2 - Covenant Living Cen:e:s-Mh eso:a,!nc• 11111 ANDERSON LAKE PKWY„EDEN PRAIRIE.MN 55343 0 PHONE(6121 941.3900 6, [-rtt u c ?1 4"t* te�'t' October 2, 1978 Mr. Roy Terwilliger Mr. Alan D. Lyng 1080 Eden Prairie Center Eden Prairie, Minnesota 55343 Gentlemen: 1. We hereby assign to you, as co-trustees, the sum of $175,103.00 cash, together with all Reservation Fees (approximately $1,500.00 each) made in connection with future Reservations of Tudor Oaks - Eden Prairie units collected prior to the initial occupancy of any unit at Tudor Oaks - Eden Prairie. r2.. Plcaac hold it in trust for the be--fit of each of those persons named in the attached list of Tudor Oaks - Eden Prairie residents, . which list we represent to be complete and accurate. 3. You may exercise your judgement as to whether, when and how to notify such persons that such amounts are held in trust for them. 4. You may pay any person the amount set forth opposite his name, upon his demand. 5. At the time a resident takes occupancy of a unit the Reservation Fee held for that resident shall be paid to the corporation or, at the direction of the corporation, to any lender having a security interest i.n Accommodation Fees. Neither the corporation nor any lender shall have a security interest in any monies placed in trust pursuant to this agreement. 6. You may exercise your judgement as to whether or not to hold these funds in a (i) checking account or savings account or (ii) at Suburban National Bank or any other bank. 7. You may serve without bond. 8. In administering this trust, I wish you would keep in mind that the ipersons who are to benefit hcrefrom and be protected hereby are the Tudor Oaks - Eden Prairie residents named in the attached list. This trust is to be administered, construed and regulated by the laws of the State of Minnesota. You shall not be entitled to commissions or compensations for your services. Either or both of you may attend to the handling of receipts and disbursements and accounting hereunder. haw O,rk, • li.fru Prairie • .4 Now pro /ietirement Cunurianity Mr. Roy Terwilliger Mr. Alan D. Lyng Page Two October 2, 1978 9. If one of the co-trustees shall become incapable of performing his duties due to mental incapacity, death or any other cause, the surviving co-trustee shall act as sole trustee of this trust. If both of the co-trustees are incapable of performing their duties due to mental incapacity, death or any other cause, the corporation shall appoint a successor trustee. 10. This trust shall termintate when any lender having a security interest in Accommodation Fees, including but not limited to Occidental Life Insurance Company of California, shall establish a Reservation Fee account to be held in trust for the benefit of Tudor Oaks - Eden Prairie residents. The Reservation Fee account shall preserve the right of a payor of a Reservation Fee to demand refund of his Reservation Fee at any time, at his discretion, prior to occupancy of his unit in Tudor Oaks - Eden Prairie. Upon the termination of this trust, all funds remaining therein shall be paid to the holder of the Reservation Fee account. COVENANT LIVING CENTERS - MINNESOTA, INC. • BY: James G. E. Williams, President I .)' • .1 a) a u i d cr v �+S I • f3 w t1 0 ri o m 1., 1+ : 1+ i d I Y U N A T. V V 1-4114 . ri N N • w3 c) i G c. S. ..., 41 P. Y Ois m E ..0 OD • G 40 Z. • • r1 • • N E • n • • c • G • O C • E $0 G I N V G 0 I, •O V 1-1 C' c G V 4441 T • C) 'O • O I DI .-1 ,+ •� C C1 0 c E ••. r--1 4-4 '0 1 .c .-1 C SD U O 1-10 .0 :t C1 •r } 0 NA. i CI O 7 41 ,.1 M 1+ 01 V) Cl) Cl) H H H 1 's 3 --14 co-__mI U U U a f] :... 1 0 x I • • ..�1 C) : u I T. u Cl) V a' W 0 5C .Z j„3+ U .�i Y L I i s+ - u S'. I-. Z .0 C .G > Z U :i . >1 Z � Z. C .,4 C7 Z 0 • .-. '. Z ] 1-1 C- r Z � k E > XI u 7 C. C 0' 6 • w.. CI C • t 0 • • . C. W C U U ., I C . .-O0 • • 0 C 1+ 1 NDw 1. 1...1 CJ C C • C .-1 t. 1. 1F 0 •.-+ U V V 4 E m 0. U) • • C I .-4 2) Cl a/ V CC 0 .e a •0 .01 • .e1 .-.1 .-1 t0 N N •.1 < A .-1 'L Cl 1. .- U 0. .c C c 1 O m CC) v Cl .. � .-1 1. 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A O .I G -I • ,,c, a 'O 'O N V, f .-1 l+ Ry O .,.a i II U „J :C :L :1: ;.z :i: 3 S: S: J.: O 0 a N� a vs V G' l 01 0,1 Ot 41Y of yy C. O 1: N 'U HI NI 64 'O G. i} 1 0 G N. Cti I W .01 M• �� 0 G • mi ♦.1 �I Cl� OI }: y )I). • - .. 1080 EDFN PIt A!NU (I N iIll IIU N I'DAU❑F MINN!on fa Sb'I43•I i t i PI IONS 6Ni/84l/V� Suburban National Bank October 20, 1978 • Mr. Roger Ulstad City Manager 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Roger: As you know, Roy is away from the bank. He asked me to send you the enclosed agreement with Covenant Living Centers. Sincerely, Alan D. Lyng Executive Vice President ADL:hd Enclosure s r 1 i rk Covenant Living Centers-Minnesota,inc. 11111 ANDERSON LAKE PKWY.,FIII N MIAll111,MN 1.5343 •PHONE(612)7163900 ' --,� October 10, 1978 Roger K. Ulstad, City Manager CITY OF EDEN PRAIRIE City Office 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Ulstad: Your letter of October 6, 1978 arrived in my office this afternoon. I apologize for not Laving made the refund of deposit procedure clear at the September 12th City Council. meeting and can understand your concern. As you know, prospective residents are required to make a deposit of $1,500 with their application. That deposit earns interest at 57 and is fully refundable at any time if the nrospective resident wishes to withdraw. Each deposit is held in an interest bearing trustee account at Suburban National Hank. Funds cannot he withdrawn from that account without the express mitten consent of the resident and either Roy Terwilliger or Ai Lyng, the trustees of the account. When a resident wishes to withdraw his application, he is given a no- tice of withdraw form which, when signed, releases Covenant living Centers - Minnesota, Inc. from any and all obligations incurred and authorizes release of the deposit from the account. The form is then forwarded to the hank and a check is issued. If you have any further questions, please do not hesitate to ask. 1 Very truly yours, COVENANT LIVING•CENTERS - MINNESOTA, INC. Reverend amcs G.E. Williams, President; + (oh,, t,.:{, F,t•o lb.nrr•• • A A naynrJu i r1rrin1,'11)(:r+nu1111MY q � 111t3011!I N PI AIHI!C!Nil H.If)!CQ i'HA!f;tl M1,",IPJNi`lU iA:,9343•TaLL'PHON[67;/9A 7-71U0 Suburban National Bank 1 ( October 17, 1978 Mr. Roger Ulstad City Manager City of Eden Prairie Eden Prairie, MN 55344 Re: Accomodation Deposits Tudor Oaks--Eden Prairie Dear Roger: Confirming our conversations regarding Tudor Oaks-- Eden Prairie and their accomodation deposits of $1,500 per unit, all such deposits are isolated and controlled directly by Al Lyng and/or me. The $1,500 deposit is made in Suburban at the time of sale and irmeJiately placed on deposit in the Trust Account. In accordance with the Seventh Amendment to the uuilding Loan Agreement and our supplemental agreement with Tudor Oaks--Lden Prairie, there can be no access to the funds by Tudor Oaks or any other party outside of the party in whose • name the accomodation is reserved. All agreements are structured to insure that the deposits are fully protected and guaranteed refundable at • • all times until project completion and occupancy of the units by the purchasers. • Sincerely, R,y/W. Terwi1leer President RWT:hd cc: Robert E. Collins j !! • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL • 1 TUESDAY, OCTOBER 3, 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; Planning Assitant Jean Johnson; • City Engineer Carl Jullie; Director of • Community Services Bob Lambert; and Joyce Provo, Recording Secretary INVOCATION: City Manager• Roger Ulstad • PLEDGE OF ALLEGIANCE ROLL CALL: All members present. • • • I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS • The following item was requested to be added to the "New Business' category: • A. Vacation of Old Valley View Road which was item 12 in the "For Your IInformation" _packet -- — — --- MOTION: Pauly moved, seconded by Meyers, to approve the agenda as amended and published. Motion carried unanimously. • II. PRESENTATION BY BARBARA L. HUGHES, METRO CLEAN AIR COMMITTEE • Barbara Hughes explained she actually works for the American Lung Association, which is funded by Christmas Seals volunteer contributions. She is a contractor for the Pollution Control Agency and the Metropolitan Council in matters dealing with the public's participation in the Clean Air Act,and Ms. Hughes is here tonight to forewarn the Council about some of the implications of the Clean Air Act for communities. The Clean Air Act of 1977 gives the State until December 31 of this year to come up with a plan for controlling air pollution • so we can have clean air for 1962 or, in some cases, 1967. What is included in that plan depends very much on what the general public wants and what • elected officials want. They are urging local elected officials to get involved in the process that is now going on in writing a state implementation plan. • Ms. Hughes requested that the City Council designate one of their members • to act as a liaison to keep the Council informed as things develop, and that person would expect to be invited to the upcoming conference to be held this winter. • City Manager Ulstad volunteered on behalf of the Council to act in the role of liaison as per Ms. Hughes request. III. MiNUTES • A. Minutes of the City Council Meeting held Tuesday, September 5, 1978 • Pg. 4, 5th para., 3rd line, strike "or", and in the 6th para., 1st line • insert "from the Environmental Assessment Worksheet" after "removed') and in the 2nd line after "1978"insert "Kennedy" and strike "Staff". Council Minutes - 2 - Tues.,0ctober 3, 1978 A. Minutes of the City Council MeettOfl held Tuesclay_L September 5, 1978 (continued) Pg. 5, 5th para., 10th line, after "the" insert "cast/west", 12th line, at the beginning of the line, insert "the new" and after "road" insert "north", after "Hearing" insert 'before closing the Luther Way connection". • Strike the last paragraph on page 5 in its entirety. Pg. 9, 2nd para., 2nd line, strike verbage after "is" and insert in lieu thereof "the Normandy Hotel & Restaurant and the Sheraton Hotel on Highway #494". Pg. 12, 3rd para., 2nd line, after "Ulstad" insert "decide", thus striking the language in the 2nd line through the word "inquire". MOTION: Meyers moved, seconded by Osterholt, to approve the Minutes of the City Council meeting held Tuesday, September 5, 1978, as amended and published. Motion carried unanimously. B. Minutes of the Special Ci y Council Meeting held Tuesday_ September 12, 1978 MOTION: Osterholt moved, seconded by Bye, to return the Special City Council minutes from the meeting held Tuesday, September 12, 1978, back to the City Manager for review and amendments, and continue these minutes to the October 17, 1978 Council meeting. Motion carried unanimously. IV. CONSENT CALENDAR A. Resolution No. 78-198,_proclaiming Saturd , October 21, 1978, as Sweetest Day B. Final plat approval for Lake Trail Estates (Resolution No. 78-192) C. Approve—plans and order advertisement for bids for utility and street improvements in Lake frail Lstates, 1.C. 51- 15 Resolution No. 78-193j — --- D. Approve flans and order advertisement for bids for street i provements on Dell Road, I.C. 51-326 (Resolution No. 78-194f E. Final_plat approval for Darkenwald First Addition (Resolution No. 713-195) F. Final plat approval for Timber Lakes Townhouses 2nd Addition (Resolution MOTION: Osterholt moved, seconded by Meyers, to approve items A - F on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS A. Prairie East 7th, request by Hustad Development Corporation, to rezone from Rural to RM 6.5 and prel iminar_plat.appro•,ar (Resolution No. 78-106 and Ordinance No. 78-40j Continued from September 19, 1978 City Manager lllstad referred to letter received this evening addressed to Mr. Frank Thomas from Richard Putnam, Hustad Development Corporation. • (Attached as part of minute;) • • Council Minutes - 3 - Tues.,October 3, 1978 A. Prairie East 7th (continued) Penzel expressed his dismay that the Council has not been given material • d from Hustad at an earlier date, but are put in the position of receiving changes in the proposal at the very last minute. • Richard Putnam, Hustad Development Corporation, explained there have been no changes since the plans were distributed to the Council before the last meeting. The 9/14//8 plan has increased the distances to a minimum of 50 feet. The reason for the letter to Mr. Thomas follows the Council's direction to Hustad to meet with the residents concerned with the project to try to determine what their concerns were and try to work those out with the residents. At the last Council meeting Hustad asked that this Public Hearing be continued so they might give some time to residents to work out their concerns. Rusted met with some of the affected homes along the northerly property line in Garrison Forest to look specifically at what needs to be done with their lots,or with the adjacent lots, to make it work the best for the residents. What the letter to Mr. Thomas does is basically outline what Hustad proposes to do. Meyers referred to statement made by Mr. Putnam that he has worked out some of the agreements with the people in the Windsor Additions, and referred to letter from Tod and Susan Short (attached as part of minutes), 10101 Laurel • Drive, and asked if 'lusted had agreed to the conditions in the letter. Mr. Putnam replied in the affirmative. Pauly questioned if the pond would be controlled after everything is finished. Putnam replied in the affirmative. Pauly asked if Staff has gone over the soil borings and made sure it was not feasible to move these units further to the south. Jullie responded Staff has taken a general look at the borings, but did not receive a copy of the boring report from Hustad. There is in the range of 4 to 9 feet of unsuitable material. A bigger concern, Jullie stated, is the water table. The closer to the pond, the more of a chance of wet basements, etc. Concerned with the water problems people are having now in the single family homes even in the upland area. The further away the developer can stay from the water table elevation the better off they will be. • Penzel commented part of the approval of the whole PHD sometime ago included the condition that when development occurred the appropriate turning lanes would he installed on County Road 18. Now there are a substantial number of • homes built in that subdivision, we are embarking in the process of building a larger number of townhouses east of Linden Drive, and yet at this point there is not the hint of the meeting of that commitment and need. People cannot safely turn off County Road 18 to get into Linden Drive or often- times can't turn on. Putnam explained because this is a County right-of-way, the County has to • approve the permit to do this and asked Jullie where they stand. • Jullie stated the County has required right turn lanes, acceleration lanes, and bypass lanes at both the Linden Drive intersections with County Road 18, and Jullie understands that Hustad will sometime this fall complete those turnine lane connections. At this point there has been no date certain, only a general completion date of this fall. It may be appropriate now to tie down a deadline date for those turning facilities so the residents in the area can be assured the will be in place. Council Minutes - 4 - Tues.,October 3, 1978 • A. Prairie Fast 7th (continued) Penzel noted in visiting with the'ierwood area it came to his attention that • the sidewalk or trail which was conenited to by Hustad Development in the initial phase along Linden Drive was about to be installed, and he was also informed that many buyers along Linden Drive had not been informed of the trail installation. Putnam explained one of the problem their contractor had in putting in the sidewalk:which was supposed to be in last year, was that it got late in the fall and they had to make a value judgement in the 3rd Addition on whether to put in streets or sidewalks. They chose to put the street in. The reason the sidewalk was not put in at the same time as the street in the 1st Addition • of Sherwood 2nd, was because of the concrete trucks rolling over them and the • possibility of the sidewalks be beaten up before the construction is in. Putnam commented he does not know why the residents were unaware of this situation. • Penzel stated not only has grass been laid, but other plantings such as trees have been also planted. Questioned what is Hustad's position regarding those plantings and the investments that homeowners have made in them now that • the trail is coming in. Putnam responded Hustad is working with each of the • property owners in that case, and Hustad will either he replacing the trees • if they can't he moved, or moving them or compensating the owner for same. In some cases Hosted will be working with the owner to get some trees to plant if he wants to add trees between the sidewalk and his house. • Bye explained there has been a great deal of concern voiced for months about • the buffering area, the landscaping area, and how it will be done, and felt • these concerns should be responded to before any action can be taken. Pauly questioned if the landscaping plan the Council was shown earlier is the • • the one Hustad planned to work with. Putnam added Hustad will be adding on and modifying the plan to make the most sense for the people affected. If the project is approved they will go out on each site with each homeowner and determine what makes the most sense in each case. Meyers expressed concern in not knowing what the Council would be approving outside of the building placement. She has counted 23 adjoining properties if current nuns are correct in the surrounding additions, and it is her feeling • that if this is proposal is acted on favorably without specifics tied down, • the developers agreement would have to state as building permits are requested • affidavits or some signed statement from each adjoining property owners would • have to be received outlining that the property owner is satisfied with the landscaping, buffering and trail placement that affects their property. Bye commented if the project is approved the developer has stated he will work with each property owner on an appropriate landscaping plan for that property owner. Believes this could become a problem if an agreement between the two can't be reached. Don Hadd, 9805 Garrison Way, stated he lives approximately 500 feet back from County Road ld and i is one of the points where there is approximately 50 feet from the building line to the property line. There is also a void in the shrubbery behind his property which is one of the things he finds objectionable. • Council Minutes - 5 - Toes.,0ctober 3, 1976 A. Prairie Fist7th (continued) • Mr. Hadd further explained there is a five foot depression in the back of the lots and would like to know if Hustad is going to leave it natural or regrade, or what is going to be done. He hoes not see why the developer could not cove through with a proper drawing. Putnam responded the area in question is one where Hustad will he putting in plant materials. The area which is going to be regraded is to the west. • Dennis Moore, 10081 Laurel Drive, stated those people who abut this proposed • project are operating with the understanding that their setback will be approxir!atcly 100 feet minimum, that the bicycle path will be constructed between lots 32 and 33, that the large stand of birch trees directly behind lot • 34 will remain, and the pond would have a controlled flow. However, they • are still up in the air as to what the future of the park is to be. Would • like it to be public rather than private. Bob Janus, 9600 Friar Drive, commented Mr. Putnam twice discussed and agreed with some of the people that Hustad could provide trees from an area which • they own and plant them as a screen. Further that Mr. Woodland also was made aware of this discussion last Friday. Putnam explained Hustad has a large number of trees on a chunk of property they would make available to the property owners at no cost if the property • owners would get a tree mover to reeve them. • Jim Cox, 9000 Squire Lane, thought a very simple solution might be to require the builders to put in the plants. Further the people at the meeting last: Thursday didn't seem to have any real concern with the putti-- in of multiple ,. family units, their concern was with setbacks and screening of the property. Sue Short, 10101 Laurel Drive, explained Hustad has been very accoranodating • and has tried very hard to satisy their concerns and worries regarding landscapir However, since they don't have any actual legal dealings with Hustad, and since they have no contracts with Hustad, she would really like to have somethinc more than a verbal commitment and would rather have something written down where they could go hack and say this is what they have committed to do for us. • • Frank Thomas, 9785 Garrison Way, stated the residents he has talked with are concerned with setbacks. Mr. Tho,ias further questioned if single family were considered, what would the price range of the houses be and how many units per • acre. • Peezel replied there would be 2 units per acre for single family. John Woodland, Windsor Corporation, stated he would not build single family homes because the land would he too expensive. • Pauly expressed one additional concern, that being private vs. public land. • Personally would like to mike the pond public but it would he contrary to staff recommendations. Would like to have the possibility of public land explored with the idea that this entire area has so few parks and so little in the way of open space that if the public wants it and it can be done, she would like to do it. Questioned the liability if this land would be public. • City Attorney Roger Panly explain"d liability is the same as on any public park. The real problem is the maintenance, police protection, etc., that comes with public parks. Council Minutes - 6 - Tues.,October 3, 1978 A. Prairie East 7th (continued) P Ulstad explained the City's concern was that parks of this nature are best maintained by a homeowners association. In this case where you have a townhouse development, you do then have a homeowners association so it is easy to maintain to the desires of the people in the area. Staff does lean to the recommendation of private ownership versus public. Putnam explained ilust.ad could go either way (public or private ownership), however, one of the concerns that Mr. Woodland will have is that will FHA approve the documents for the homeowners association if a public use easement were placed over the entire area. • Osterholt felt another solution to the inadequate setbacks would be a reduction in the number of units which would simply give much more space between those multiple dwellings. He further stated there is no other place in this community where multiple dwellings abut single family without a greater setback. • Osterholt further stated the proposed development is not the highest and best use of the land and feels single family would be more in harmony with rest of the area. Pauly commented if the Council were starting from scratch, she would concur with Mr. Osterholt. However, this is a piece of property previously approved for multiple. Hosted has had this in their plans for a number of years. The City has asked Hustad to sign the property multiple, which they have. To require the developer to go hack to single family would ha unreasonable. Meyers agreed with Mrs. Pauly about the use of the land and that the Council hasn't heard from any of the residents regarding opposition to the multiple residential as proposed. However, she is not comfortable with all of the loose ends left unanswered. MOTION: Bye moved, seconded by Osterholt, to continue the Prairie East 7th Public Hearing to October 17, 1978. Motion carried unanimously. D. Driarfielc' Estates by Pride Maintenance. Request for PUD concept approval for multiple and col mrcial with rezoning from Rural to RM 6.5 for 25 lots • for 50 duplex units andpreliminaryplat approval (Resolution No. 78-181 • for PHD approval, Resolution No. 7'-183 approving preliminary plat, Resolution • No. 78-187 for Environmental Assessment Worksheet and Ordinance No. 78-42 • for rezoning) • City Manager Ulstad explained notices have been sent to adjoining property • owners and there is an affidavit on file calling for this Public Hearing. • This proposal has been before the Planning Conriission and the Parks, Recreation • & Natural Resources Commission. • • Doug Goriesky, Hawk Engineering, representing the proponents, outlined the • proposal and answered questions of Council members. , Jean Johnson, Planning Assistant, explained when this project was first before the Commissions there were a few more lots and more encroachment into the flood plain. Now it ;ras been revised to the plan dated 8/10/78 which has 21 lots for 418 duplex units. The unit density is about 3 1/2 units per acre, and the previous plan was 4 units per acre. Ms. Johnson also spoke to Staff Report dated 8/10/78 and recommendations of the Planning Commission from meeting held 8/14/78. Council Minutes - 7 - Tues.,October 3, 1978 B. Briarfield Estates (continued) Director of Community Services Lambert spoke to the recommendations of the Parks, Recreation & Natural Resources at meeting held August 21, 1978. • Osterholt asked that someone comment on the natural corridor for deer in • the area as he does not see it stressed in the Environmental Assessment Worksheet, and also his concern that this proposal does not meet the requirements of the Shoreland Management Act. . Ms. Johnson explained the creek corridor is foreseen as an open space corridor}and the creek corridor will serve as an area for the deer to use as it does at Anderson Lakes. Lambert replied upon reviewing the Shoreland Management Act and the Flood Plain Ordinance, he does not believe the setback to be a problem. Penzel questioned if the deletion of Lot 5 would be an adequate resolution • of the steep slope wooded portion of the cul-de-sac. Lambert responded that is the alternative he would recommend. Meyers felt there has to be some different resolution then what is proposed • because there is a great deal of grading and benching along the flood plain bank of lots 3, 4 and 5 at the end of the cul-de-sac. Mr. Goriesky replied he has worked this out with the Watershed District to comply with the • flood routing through the area, however are not compromising the flood plain • in any Tray. The proponents will he doing some filling in on the edges because they have excess and are capable of doing that without compromising. • Penzel brought up the one problem the City has had in the degree of erosion during construction, and questiormdwhat specific steps the proponents propose to take in the land alteration of this area to prevent damage to the flood plain through erosion. Mr. Goriesky replied the proponents are not going to open up the entire site at one time. They will be doing a small section and phase the development so it will not get out of control. Further that the Watershed District has very specific requirements which must he adhered to so the City would be assured of adequate erosion control. Pauly questioned if the old farmstead had been looked at by the Historical & Cultural Commission, and if they had been officially charged with the function of locating historical buildings. Lambert replied the Commission hasn't been asked to look at this particular farmstead. Ulstad further commented this is part of the charge to the Commission by the Council to look at historical buildings, however, he does not believe they have taken on this as a project at this time. Frank Smetana, 7680 Smetana Lane, explained the building is very old and is historical. The original owner was the Brown family. Mr. Sciola, Pride Maintenance, noted the original structure is probably over 100 years old, however it now has aluminum siding and has been remodeled quite a hit on the inside. Paul Fnblom, 10610 Valley View Road, expressed his concern that the City owns land on the north and south of this property, but what future upgrading or increa of traffic would be estimated on Valley View Road as it goes west. Council Minutes - 8 - Tues.,October 3, 1978 B. Briarfield Estates (continued) City Engineer Jullie responded the City's conceptual plans at this point are to provide for an upgrading of Valley View Road from the connection to County Road 18,and then upgrading could occur along the Valley View Road alignment going down approximately at the easterly edge of Mr. Helle's property,and then curving to the south to Helle's property and Pearson's property and back over to connect to Valiey View Road just west of Smetana Lane, Existing Valley View Road to be "T"ed into the new through road, thus leaving existing Valley View Road as a minor residential street. Mr. Smetana explained if this plan includes any of his property, he would not • like to see any more roads put in. Meyers requested that an amendment be made to Resolution No. 78-181 in • item 2, by deleting "commercial". Council members concurred with this amend • - ment. MOTION: Osterhoit moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 78-181 as amended, granting POD approval for residential and open space uses for Briarfield Estates by Pride Maintenance. Motion carried unanimously. MOTION: Osterhoit moved, seconded by Bye, to adopt Resolution No. 78-187, approving the preliminary plat for Briarfield Estates with modifications to include reconanenciations of the Staff and Commissions, proving the lot lines of lots 4 and 6 closer together making lot 5 a narrow strip, deleting the • structures on it, and using it os An access to Outiot A. Mots n carried • unanimously. Meyers requested that a correction be made on page 2 of the Environmental Assessment Worksheet in item "B 1", line 3, should read "the property to the west is designated" thereby deleting "zoned", and have staff research language to be used other t.hau "adjacent" as the properties are not adjacent. MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 78-187, finding the Environmental Assessment Worksheet for Briarfield Estates a private action does not require an Environmental Impact Statement and • amending the 2nd line of Resolution No. 78-187 in the 2nd "Whereas", 3rd line, by striking "co:,mrercial" and inserting "residential"; and in the 3rd "Whereas", 4th line, after request insert "as amended". Motion carried • unanimously. MOTION: Meyers moved, seconded by Pauly, to give a 1st Reading to Ordinance No. 78-43, rezoning approximately 27 acres for 48 duplex units from Rural to RM 6.5 for Briarfield Estates by Pride Maintenance with open space uses and Outiot A dedicated to the City for public purposes. Motion carried unanimously. MOTION: Osterhoit moved, seconded by Bye, to direct the City Attorney to draft a developers agreement incorporating the Staff Report dated 10/10/78 and recommendations of the Planning Commission and the Parks, Recreation & Natural Resources Commission. Further that the diseased dutch elm trees be removed. Motion carried unanimously. Council requested that the Historical & Cultural Commission visit the farmstead on this property. Council Minutes - 9 - Tues.,0ctober 3, 1978 • • C. Centex Homes Midwest, Inc., request to rezone from Rural to R1-13.5for 87.4 acre arid preliminary plat approval_of 175 lots "Resolution Mo. 78-182 1) approving preliminary plat, Resooutioir No. 78-1.45 for Environmental Assessment Worksheet, and Ordinance No. 78-43 for rezoning) City Manager tllstad explained there is an affidavit on file calling for this Public Hearing and notices have been sent to adjoining property owners. Mike Gair, Landscape Architect for Centex Hanes Midwest, Inc., outlined the proposal and answered questions of Council members. Tim Eller, Centex HnMrs Midwest, Inc., stated that based on a 25 foot total side yard, their narrowest house requires a 70 foot lot width,i-nd the widest house requires a 90 foot lot width. With this plan Centex is asking for variances • on lot frontage for 27 lots. Eller noted that of these 27, 9 will be 90 feet • at the building setback line rather than the property line, and of the remaining 18 lots the frontage at the setback line will be 80 feet or greater. Centex is asking for frontage variances in order to reduce the side yards for smaller homes. According to Mr. Eller, the lots they are requesting their variances on meet the zoning requirements of the City in all other respects. Mr. Eller spoke to the Staff Report dated August 16, 1978 and the changes that were made in the report as outlined in Planning Connnission minutes dated 8/28/78. Further Mr. Eller requested that item 2 in the Engineering Report dated 8/24/78 be clarified. If approved, according to Mr. Eller, grading • would start in Spring of 1979, utilities and street installations would occur • in two staves. Hume construction would start late Summer or Fall of 1979 and • ! occupancy would start t.hc Winter of 1979. Mr. Eller believes this plat reflects the direction given to Centex by the Planning Commission and the Parks, Recreation & Natural Resources Commission. • Planning Assistant Jean Johnson explained this project does conform to the PUD's of both the Red Rock Sector Plan for residential uses, and with the Guide Plan for residential uses for this area. Centex's first proposal in July of this year consisted of 220 lots on the same acreage with requested variances on density, a nrinurum of 90 foot width of the lots, and open space included in the project. The Planning Connnission reviewed that plan and did recommend denial of that PhD because they did not feel the trade-off justified the variances. , • Johnson explained the proponent came back in August with a reapplication for • zoning and platting of the project as per City ordinance. The only variance • requested, as outlined, would he the 14'.; variances for the minimum width on the lots. The proposal for 175 lots was unanimously approved by the Planning • Commission as per Staff Report dated 8/16/78, and the Planning Staff does concur with the suggested changes requested by the proponent. Johnson further explainer the Watershed District has not yet given their review to this project as their policy today is not to review the project until the Environmental Assessment Worksheet is acted on by the Council. Director of Community Services Lambert stated the Parks, Recreation & Natural .Resources Cor:eiission approved the proposal on 9/18/78. Meyers commented she does not sec any discussion in the minutes regarding the 45 acres of this proposal which is designated shoreland and should fall under some of the requirements of the Shoreland Management Act that is now under study and being discussed. Council Minutes - 10 - lues.,uctouer a, Iviu C. Centex Homes Midwest, Inc. (continued) k Lambert explained there was discussion of the Shoreland Management Act • regarding this proposal at the Parks, Recreation & Natural Resources Conmrission, however, the developer assured the Commission that the conservancy area is not going to be graded. The Shoreland Management Ordinance draft that has been approved by the Parks, Recreation & Natural Resources Commission is nor: before the Planning Commission with staff recommendations for some changes. Lambert commented the neighborhood park that would serve this neighborhood is the proposed Red Rock Park. Osterholt questioned the developer if they could see any place in their • development where a tot lot could be platted out in some way inbetween the home sites. Eller responded the only reservation he has is from a marketing point of view - that is no one wants to live next to or near a park. However, • Eller stated, if the Council desires a tot lot he would be willing to conmiit to this and would prefer a tot lot somewhere along the road where there is a sick walk. Meyers questioned how Flying Cloud Airport affects this site. Mr. Eller replied this development would fall within the "C" zone as it is a lesser used runway. Mr. Flesher, 14000 Research Road, commented he is more concerned about the density than anything else, and does not believe the variances are warranted. Also he feels there is an awful lot of noise from the north/south runway. I 4'T7ON: Osterholt moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 78-182, approving the Preliminary Plat for Centex Homes Midwest, Inc. Osterholt, Bye, Pauly and Penzel voted "aye", Meyers voted "nay". Motion carried. MOTION: Pauly moved, seconded by Bye, to adopt Resolution No. 78-185, finding the Enviroiiomntal Assessment Worksheet for Centex Homes Midwest, Inc., a private action, does not require an Environmental Impact Statement. Motion carried unanimously. MOTION: Osterholt moved, seconded by Penzel, to approve the 1st Reading of Ordinance No. 78-43, rezoning 87.4 acres from Rural to R1-13.5 for 175 lots • for Centex Homes Midwest, Inc. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to direct the City Attorney to draft a developers agreement incorporating the Staff Report dated August 16, 1978 with changes noted in the Planning Commission minutes dated 8/28/78, the Engineer's Report dated 8/24/78 with staff to clarify item 2, consideration • of tot lot(s), memo dated 9/2b/73 on diseased trees which are to be removed prior to 1/31/79, and where the proposal falls into Airport Zone "C" those • building requirements be met. Motion carried unanimously. Fenzel suggested putting up a sign at the end of the east/west through street indicating that this is not a dead end or a cul-de-sac, and to make sure whatever • plans are shown to potential buyers that all of the sidewalks and all of the other restrictions he clearly indicated. Council Minutes - 11 - Tues.,October 3, 1978 D. Vacation of portions of Old Eden Road and West 78th_Street (Resolution No. 78-169) — — — — MOTION: O,.tctbott moved, seconded by Bye, to close the Public Hearing and adopt o olution No. 78-139, vacating portions of Old Eden Road and West 2e h Street. Motion carried unanimously. E. 1979 CiIy _ndr,et (Resolution No. 78-178) Mayor Fenzel referred to memo from Staff which indicates there will be a reduction of a total of 1 mill from the 1978 levy. • City Manager Ulstad explained the City mill levy which is applicable to valuation will be less this year than last year. Council members commended the staff for the work done on the budget proposed for 1979. MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing and adopt Resolution No. 78-178, certifying the 1978 tax levy, collectable in 1979. Motion carried unanimously. Betty i•icNulty, Eden Prairie Chamber of Commerce, also connnended the staff and asked to go on record doing so. Ms. McNulty also offered the Chamber's newsletter to share with their members and the 642 people that are mailed their newsletter, what has been accomplished. F. Opus 11, t:lericae Fawil,y Insurance site. Request by Rauenhorst Corporation for rezoning from Rural to -Office for .49 acre for additional parking to serve the Insurance Building and concept approval for future ramp parking. (Ordinance No. 78-44) MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-44, rezoning from Rural to Office for .49 acre for additional parking to serve the Insurance Building and concept approval for future ramp parking, Opus Ii, American Family Insurance site by Rauenhorst. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney to draft• a developers agreement incorporating the 6 recommendations of the August 23, 1978 Planning Staff Report and adding that the landscape plans also be subject to Planning Department approval. Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS No reports. VII. ORDINANCES & RESOLUTIONS A. Resolution No. 78-17,, appointing judges for the November 7, 1978 General Election MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-179, appointing judges for the November 7, 1978 General Election. Motion carried unanimously. • Council Minutes - 12 - Tues.,October 3, 1978 • B. Resolution No. 78-184, accepting tax forfeited lands Meyers requested that an amendment be made in the Resolution to include • parcels we want rather than parcels we don't want, and also to include two lots in Paradise Valley. Council members concurred with these amendments. MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-184 as amended, accepting tax forfeited lands. Motion carried unanimously. C. Resolution No. 78-186, amending Resolution NJ. 78-174, MOB ajproval for Blackbourn/Nicholson City Attorney Pauly spoke to Resolution No. 78-186, indicating he does not have any concern about the amendment to Resolution No. 78-174 as submit,.ed. MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-186, • amending Resolution No. 78-174, MIUB approval for Blackbourn!Nicholson. • Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS Osterholt publicly stated his appreciation for the efforts and fine work which has been done by Councilwoman Meyers and Councilman Bye, and expressed his disappointment that they have made the decision not to run for reelection. Penzel and Pauly concurred. A. Report of City Manager 1. Consideration of changing_Council meeting from November 7, 1978 to November 8, 1978 — MOTION: Meyers moved, seconded by Penzel, to change the Council meeting scheduled for November 7, 1978 to November 8, 1978. Motion carried unanimously. • 2. Proposal fora Com;:rehensive Stud of Human Services needs in Eden Prairie — — — City Manager Ulstad requested that this item be continued without • a date certain, allowing Mr. Ulstad to meet with Russ Stricker from South Hennepin Human Services Council. MOTION: Osterholt moved, seconded by Bye, to continue this item • without a date certain. Motion carried unanimously. 3. Consideration of Resolution No. 78-180, providing for a vote at the General Election on Sunday Door sales MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution • No. 78-180, providing for a vote at the General Election on Sunday Liquor sales. Motion carried unanimously. Council Minutes - 13 - Tues.,October 3, 1978 • B. Report of City Attorney • City Attorney Pauly explained he is following through on the direction II given by the Council regarding billboards on the Condon/Naegele property, i.e., sign measurements are being taken by Staff and Mr. Pauly is reviewing the ordinance:, pertaining to signs. After such review, Mr. Pauly stated, he will be preparing a letter to the owners advising them of the course of action the City will take if they do not comply with City ordinances. C. Report of Director of Community Services 1. Request for apj val to receive bids on removal of home at 8698 County Road 18 — — — -- • Director of Community Services Lambert spoke to memo dated 9/28/78 and answered questions of Council members. MOTION: Osterholt moved, seconded by Meyers, to authorize the • advertisement for bids on removal of house at 8698 County Road 18 and authorize the Fire Department to burn down the house located on Nesbitt Preserve Park as per Staff Report dated 9/28/78. • Motion carried unanimously. • 2. Alternatives for 1918 reforestation monies Director of Community Services Lambert spoke to memo dated 9/29/78 explaining that tipv Picks, Recreation & Natural Resources Commission • favored itms 1 and 2. In order to apply for a grant, an application has 11 to be sent in by October r,, 1978. • • MOTION: Bye moved, seconded by Osterholt, to authorize staff to proceed with an application for items 2 and 3 as outlined in Staff memo dated 9/29/78. Motion carried unanimously. D. Report of Planning Director 1. Selection of a citizen to serve on the Planning Area Citizen Advisory Comntitce for review of Community Development Block Grant Programs MOTION: Osterholt moved, seconded by Meyers, to appoint Don Berne • to serve on the Planning Area Citizen Advisory Committee for review of • Commnity Development Block Grant Programs. Motion carried unanimously. E. Report of City Fngincer • 1. Resolution No. 78-190, adopting_theMetropolitan Waste Control Commission's current sewage control rules and regulations MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 78-190, adopting the Metropolitan Waste Control Commission's current sewage control rules and regulations. Motion carried unanimously. I • Council Minutes - 14 - Tues.,Octoher 3, 1978 2. Receive Feasibility_Report of sanitary sewer services to the Super Valu headquarters site and ad,Zacent properties, I.C. 51-332 (Resolution No. 78-1961 MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-196, receiving the feasibility report and calling for a Public Hearing for Wednesday, November 8, 1978, for I.C. 51-332. Motion carried unanimously. F. Report of Finance Director I. Payment of Claims Nos. 1642 - 1782, and continued Claims from 9/19/78 - 1492, 1568, 1577, 1592 and 1596 —— --- — - — — MOTION: Osterholt moved, seconded by Meyers, to approve Payment of Claims Nos. 1642 - 1782, and continued Claims from 9/19/78 - 1492, 1568, 1577, 1592 and 1596. Roll Call Vote: Osterholt, Meyers, Bye and Penzel voted "aye", Pauly "abstained". Motion carried. IX. NEW BUSINESS A. Vacation of Old Valley View Road which was item 12 in the "For Your Information'packet MOTION: Osterholt moved, seconded by Meyers, to direct staff to draft a letter to be sent to Hennepin County reminding them of Eden Prairie's potential loss of its road connection to Valley View Road. Motion carried unanimously. B. Ditussion on evening or Saturday hours for City Hall to be open General discussion took place as to either evening hours or maybe a few hours on Saturday for City Hall to be open to accommodate those residents who are unable to come in during weekday hours between 8:00 AM and 4:30 PM. A further suggestion was made that it be publicized when City Hall will be open for voter registration either some evenings or certain hours on Saturday. X. ADJOURNMENT MOTION: Osterholt moved, seconded by Penzel, to adjourn the Council meeting at 11:40 PM. Motion carried unanimously. 1 'vr' CYif /0/3/l 5, rare q JJ`r +,c c1c�V1Kg1M). cLIQtni4 cvrp©G]`t® • Cct',bcr Er. Erarik Rrr,rc..entati.ve o;• some Garrison Forest Homeowners 97t 3 �ioi'riaun 'rlay Tel,n Pr irie� ;hulcsota 5531;4 ;ie: Prairie Last 7th Addition Dear Mr. Thomas: I so •arit.in;; ,you to outline what Hustad Development. Corporation and u.i.;ul.;or I cv.lu:,c::a Corl,orstio] are prepared to construct and/or preserve aluuc the uurtio:rn boundary of the 7th A,id4"on site. You and your ne:i,l,buc;., have express concerns and ideas to Jim Ostenson and me on a rn;r;hor of occ..:.iona. The latest meeting Monday evening was vary hclpful to me in gain hid an understundinf of what makes the most sense. ..nd :Zit; pru,+•r:e thefollo.r:in„ 1.. To preserve no less thou a 30' "natural woods" area where such .uraa:; currently x;ist alun(; the backyards of Garrison Forest. • 2. The buI1din:: et bucks illustrated on the 9-14-76 plan will be the rli_uLwd (, stances from buildin;; to property lines. • 3. Along thou; lots where additional landscaping is desirable to enl:rs,ice the ;c j r :t:iou , the developer %%ill transplant a variety of • naive shrubs, ; iu• and deciduous trees. The intent is to partially screen and :.oft-..n dbc views tetra-en tin, hoiaes. !,. 'Flit. devel.o:rtr]' S:il.l. re;riu, the :area adjacent to the lots in Y:ri i:.on 1,r .•!, .h:cl, hurler Lh• small r.el+rossion. Also, the ur;:nor,iant a variety of :shrubs and trees that will i; l I e voit. Between 12750 PIONEER TRAIL,EDEN PRAIRIE,MINNESOTA 55343(612)941-4383 p The developer will work with the residents in Garrison Forest to 'lesi;;n the buffer and place the plant material. Also, we will make every effort to prc:erve as many m:+jor trees as possible on the site. I believe those points pretty much cover our discussions. is Thank you for your help. • ;.Sincerely, Richnni A. Putnam • }lusted bevelolnient Corporation RAPjer cc: Roder Ulatad John Woa lland • t • oetober 2, IVih catty of t. en trA_rie C95C: Ionirairic hAon rrairie, nn. lo I he v....::her:; of the ul y t,nnnel l JO ht Odor oovoloorwn; :r lieventh Addition our iToperty bet a up to the prop01;ed e00 itt on - on the Or we • ;hen purch::!:'W our lane, we welq told that the area in ,liocw,sion to be a pa rR ore where our children ccul0, ry h•:-_inr thin buffer-r.one loni to townhuL,e he!neewners e,:;oociution, you are in effect eying that our ehi.Hren will not be allowed to une the area. Otnec the promiu mode to us ond influenced our dccirion to build here, this hrilly seemo fair. I 7011 avinre that you are not rer;pcn!;ible for a bull:Mr.:3 promise , but you should bra-. whet all of us erpeeled. no are aware of the reaoons why yea do not wish the land to be publicly owned. If the lonh were left v.ild exceet for the bite path, there would be no need for much maintenance - and the are.: ceul at len t be urea for noture-appreeiation 0000. Au far ,as the liability fur woicr-rciated oceidento lo concerned, 11aomirrton, :,.lureorlis, and other euborhfl, have rureeyely proposed an parh.r around boder of Toter. Why can't we alc? In ::ummnry: porn op the : eventh ee,3tlon on the,:o COi I. InstallotIon of muter-control at month of pond ?. lhrt:Oloti,e; or 'Inc' le,th with or nrce-s moth tothe fir t bet'::eon loto 3. Duff( bet teen lot and ?th acAition bc Ill! ,lCtY-O2D. h. 1. 11decepe oorcrnint7. he T.:Y.-Pt-1y deocrihe and recorded 11. in City Council relnutes ro that verbal commit!nont ire Th:tnh you. Ted and 0iw;o1 Chart 111121 t-urel hrtve (Tot / WA P'on • I CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST NOVEMBER 8, 1978 CONTRACTOR (l. & 2 FAMILY) Don Graham Company, Inc. ', Schur, Inc. Urban Unit PLUMBING Atkins Plumbing & Heating, Inc. Rivard Plumbing & Heating Co., Inc. • Whelan Co., Inc. GAS YJTTER Whelan Co., Inc. • • HEATING & VENTILATING Air Conditioning Assoc., Inc. FOOD ESTABLISHMENT - Type A Taco Thea's Inc. • MECHANICAL DEVICES • • Genghis Kahn of Sapporo • These licenses have been approved by the department head responsible • for the licensed activity. • Rebecca 4hernemoen, Deputy Clerk-- 11. \�l MM .ti t • October 26, 1978 Mr. Roger Ulstad City Manager City of Eden Prairie 8950 Eden Prairie Road • Eden Prairie, Minnesota 5 343 Re: Eden Prairie NeighborhoJa Center 11.7+ Acres - Rezoning/PUD Eden Prairie, Minnesota Dear Mr. Ulstad: In accordance with our discussion, BarMil Search Corporation is requesting a public hearing before the City Council relative to the above project. Time is of the essence and we would appreciate your setting the public hoarisy dale as soon as possible. Very truly yours, BAPMIL SEARCH CORPORATION / G. Larry Mikan, Jr. P. O. Box 2305 Minneapolis, Minn. 55402 Tel. 371-7212 CJA:ano Copy Mr. Philip Y. Barrett Mr. David A. Shea 1 Nov. 8, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-209 RESOLUTION FOR THE APPROPRIATION OF MUNICIPAL STATE AID FUNDS TD T.H. 169 RAMP PROJECT, I.C. 51-308 WHEREAS, it has been deemed advisable and necessary for the City of Eden Pr•air•ie to participate in the cost of construction projects located on T.N. 169 at I-494 within the limits of said municipality, and WHEREAS, said construction projects have been approved by the Department of Transportation and identified in its records as: S.P. 2785-182, N.E. Ramp to T.H. 169-212 from westbound I-494 (City share for R/W = $85,000) S.P. 2785-202, Traffic control signals at ramp termini i 4OZ at T.H. 169-212. (City share = $46,000) NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that we do appropriate from our Municipal State-Aid street funds the sum of $131,000 to apply toward the construction of said projects and re- quest the Commissioner of the Minnesota Department of Transportation to approve this authorization. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk, 4 MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: November 2, 1978 SUBJECT: Bids for Flusher Truck Specifications have been prepared for the proposed purchase of a flusher truck to be used jointly by the street department for cleaning streets and dust control and by the Park and Rec Dept. for flooding skating rinks and watering new sod, trees, etc., and possibly to be used for fire fighting, if needed. The specs call for a 2,100 gallon tank mounted on a 34,000 lb. GVW truck, 1979 streamlined model, 5-speed manual transmission, 370 cu. in. gas engine, cab mounted controls and meeting all state requirements for tank trucks. The complete specifications are on file in the Eng. Dept. offices. The estimated cost is $25-30,000 and this item is included in the 1979 budget. The proposed time for receiving bids is 10:00 A.M. on Nov. 30, 1978. Recommend City Council approval of the specs for the flusher truck and ordering advertisement for bids. CJJ:kh If • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: November 2, 1978 SUBJECT: Resolution No. 78-210 Dell Road Parking Restrictions • Resolution No. 78-210 is required for Minn. D.O.T approval of the plans and specifications for the proposed Dell Road improvements. Our design for Dell Road calls for a 32' wide section rather than the normal 48' section required by MSA standards. We believe that the 32' section will adequately handle the projected traffic for many years. Also, there will be no direct driveway access to the roadway and no development on the easterly side (plan dedicated to the City through the Edengate Project.) Because of the poor soil conditions expected along some portions cf the road alignment, the 32' secticn will be much less costly to construct than the 48' section. Sufficient right-of-way is available so that in the future, if necessary, the roadway can be widened or another complete set of lanes can be added to form a parkway with a center median. Recommend City Council approval of Resolution No. 78-210 restricting parking on Future Dell Road. CJJ:kh p Ll l t Vt tUtII I'I<nittlt OUV. 0, 17r0 HENNEPIN COUNEY, MINNESOTA 4 RESOLUTION No. 78_210 Relating to Parking Restrictions On Dell Road p S.A.P. 181-108-01 from Autumn Terrace to a Soint 2700 feet north along Dell Road in the City of Eden Prairie Minnesota THIS RESOLUTION, passed this day of , 1978 , by the City of Eden Prairie , in Hennepin County, Minnesota. The Municipal corporation shall hereinafter be called the "City"; WITNESSETH: WHEREAS, the "City" has planned the improvement of MSAS 108 (Dell Road) from Autumn Terrace to a point 2700 feet north along Dell Road WHEREAS, the "City", will be expending Municipal State Aid Funds on the improvement of said Street, and WHEREAS, said improvement does not conform to the approved minimum 0 standards as previously adopted for such Municipal State Aid Streets and that approval of the proposed constr,....ion as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City", has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED: That the "City", shall restrict the parking to motor vehicles on both sides of MSAS 108 (Dell Road) from Autumn Terrace to 2700' North at all times. Dated this day of , 19 78 . ATTEST: City of Eden Prairie , Minnesota BY City Clerk Mayor 1 MINUTES 4 EDEN PRAIRIE PLANNING COMMISSION approved . MONDAY, SEPTEMBER 11, 1978 7:30 PM, CITY HALL • COMMISSION MEMBERS PRESENT: Chairman Rod Sundstrom, Bill Bearman, Richard Lynch, Oke Martinson, Paul Redpath, Liz Retterath, and Matthew Levitt STAFF PRESENT: Chris Enger, Planning Director; Donna Stanley, Planning Secretary • Invocation - Pledge of Allegiance - Roll Call 1. APPROVAL OF AGENDA MOTION: Redpath moved to approve the agenda as published. Beaman seconded, motion carried unanimously. II. APPROVAL OF MINUTES OF AUGUST 28, 1973 MEETING MOTION: Lynch moved to approve the minutes of the August 28, 1978 meeting as published. Redpatn seconded, motion carried unanimously. III. MEMBERS REPORTS Sundstrom requested ofthe Staff, that at the time of GuY: rran review,a tour be planned for Commission members which would illus- trate different building and development types and densities. IV. REPORTS AND RICOM.UENDATIONS A. Menard's Inc. request to preliminary plat 9 lots on approxi- mately 15 acres and rezone 13 acres from Rural to C-Regional Service for a Menard's Lumber Store. Site is located in north- west quadrant of T.N. 5 and I-494. A continued Public Hearing. The City Planner referred to the additional material received from Menard's on September 11th, in the form of revised plans and communication from the Department of Natural Resources. He explained that OUR was concerned with the wetlands and the proposed grading of the site. The Planner presented a series of slides of the site, taken from various angles and directions, emphasizing the pertinent vege- tation and topography of the site. Mr. Marvin Prochaska, representing Menards, explained the changes they had made in response to August 28th Planning Comnission concerns. The front of the main building was pro- posed as walnut colored brick veneer, as well as the two ends of the larger warehouse building. • • • • ';.approved Minutes - Planning Commission - 2 - Monday, Sept. 11, 1978 A. Menard's Inc. (continued) Mr. Dan Johnson, Suburban Engineering, discussed the varying screen- ing devices they were using for outside storage, including natural screening by vegetation. He explained further the changes made from the original plat, that the property was extended 60' and the berm was increased in height by 10' along the sourthwest side, making the berm 15'. • Redpath suggested moving the building more to the edge of the site, rather than in the center to help shield the storage. Prochaska responded that they could not do this. • The Planner pointed out that according to the grading plans, none of the 200 18"to 30" diameter trees would be left. He also explained • that the woods area screening Menards from Valley View Road and the Topview residential area contains mostly elm trees, with a signifi- cant amount of dutch elm disease present. He commented that the screening is improved significantly according to the revised plan along the southwest edge of the site, but feels additional screen- ing along the north edge was needed to screen from two future • western land uses. He felt it would be appropriate to rely on large ) canopy trees to buffer outside storage from the top of the hill. He expressed concern regardin: the location of the service road and the major grading shown for the overall site. He requested a more precise grading plan showing less alteration of the eastern part of the site. He referred to the letter received from the DNR, comment- ing that the City Staff had not been aware that the site contained wetland that was considered public waters. • • Levitt questioned nos. 4 and 6 of the Staff report update of September 11, regarding the negative impact on the future development in the area and Ring Route. • The Planner explained that there will be an impact and it will set a precedent for outside storage. He explained that the City does not have a category which permits outside storage for this type of re- gional use even though there may be a need for this type of commercial. He emphasized that the plan should be looked at and handled as well as • • possible . He felt there should be a clear understanding about the implementing of the Ring Road and future owners should not oppose • • assessment, if warranted. Retterath inquired whether allowing the variance would set a prece- dent? Enger responded affirmative, and that to deny the same considera- tion to any other proponent may be considered arbitrary. 1 Sundstrom asked whether it was the suggestion that the Ring Route be moved further west because of the wetlands? The Planner responded that the adjustment of the Ring Route to better soils and away from the wet lands closer to its original alignment should he considered. • approved Minutes - Planning Commission - 3 - Monday, September 11, 1978 A. Menard's Inc. (continued) Redpath commented on location of the Ring Road stating that it was a problem of past lack of agreement between property owners on the location of the Ring Route, and the current need for a permit from DNR to fill. He asked whether it was the recommendation that Menards be assessed for the Ring Road. The Planner responded that the Staff would recommend an agreement with Menards, that they will not oppose assessments made to them or future owners. He wanted to be sure that the service road would not preclude construction of the Ring Road or divide this quadrant from the Major Center Area. • • Redpath commented that his biggest concern was the outside storage. • He explained that he had observed one of Menard's other sites, and felt it was very well done. Mr. Walter Carpenter, Minnesota Tree, expressed the desire to meet • with the DNR and City Planner on the communication received, comment- ing that the water stood only about one foot in depth, and questioned that it could be considered wetlands. lie had also observed one of the • Menard sites, and was favorably impressed with the development taking • place around the site. He was totally in favor of the Menard proposal. The Planner stated that he had just talked with Ron Harnac, DNR • reyional hydrologist, and the area is classified as a type IV wetland. Any body containing over 6" of water and containing cattails and wild- life habitat over 2' acres in size is considered by DNR to be public waters. Mr. Cal Anderson, concerned property owner in the MCA area, asked why it was so difficult to get anything going in the MCA. He pointed out • the development occurring at the Prairie Village Mall, Mr. Steak and the other restaurants and that these are all outside of the MCA. He pointed out that they were paying special taxes on their land, and since there is a need for a lumber yard in Eden Prairie, we should have one. Lynch asked whether concrete brick with a brick veneer was allowed • by the Ordinance. The Planner responded affirmative (embossed concrete block). • MOTION: 01: Redpath moved to close the Public Hearing on Menard's request to preliminary plat 9 lots on approximately 75 acres. Bearman seconded, motion carried unanimously. MOTION 112: Redpath moved to recommend to the City Council approval of • Menard's re-zoning request of 13 acres from Rural to C-Regional Service for a Menard's Lumber Store as per the updated Staff report of September 11, 1978 with the followinn changes: addition of wood sc meningfence as part of recommendation no. 1; three faces of main building and accessory build- inq be of brick or embossed concrete; and the addition of the words "if possible" to recommendation no. 11. r^approved Minutes - Planning Commission - 4 - -Monday, September 11, 1978 :A. Menard's inc. (continued) DISCUSSION Martinson requested comments from Menard representative on the Staff • recommendations. • Prochaska commented on the following points: no. 1 - the lots north of the Renard store were being "tipped" to provide screening; no. 2 - they • do not intend to do mass grading and will try to save as much vegetation • as possible; no.5 - they were reluctant to face with brick when the build- ing is facing into a hill, but agreed to go along with it; no. 6 - they are on the agenda of the Watershed District; no. 10 - he commented they • may wish to dedicate land in lieu of cash; (The Planner pointed out that this is not a suitable area for a park and stated that the cash park fee would he mere appropriate) no. 15 - feels this point has been accomplished • through the screening devices pointed out by Mr. Johnson, of Suburban • Engineering; and on no. 16 - they do not feel the need for additional parking is present. The Planner responded to Prochaska's comment regarding point no. 1. He explained that the waiver they were requesting from the Ordinance, screem- - ing must also he accomplished from public roads and adjacent road uses. Redpath suggested the use of a wooden fence to accomplish this -equirement, • a asked whether this would be satisfactory to Menards. Prochaska agreed to this, and it was added to • MOTION P2 and MOTION #3. Sundstrom asked whether Menard was willing to change the grading plan concept. Prochaska responded that they were willing to change anything basically outside of the Menard site, explaining that the plan is not the final grading plan. The Planner pointed out that more specific grading information was needed by the Staff for review. He explained that many of these requirements are • • part of building permit procedure and that Menards had agreed r•:ith the Staff at one time in previous conversation that three sides of the building would be brick or embossed brick, and that according to the Ordinance all faces should be brick. The Planner requested a copy of the site line chart as presented by ,• . Mr. Johnson. The question was called and the VOTE was taken. The motion passed 4-3, with Sundstrom, Levitt and Bearman voting "nay". MOTION: #3: Rcdpath moved to reco;mtend to the City Council approval of the preliminary plat of 9 lots on approximately 75 acres as per amended • Staff report of September 11, 1978 and revised plan received from Menards on September 11, 1978. Martinson seconded, motion carried 4-3, with . Sundstrom, Bearrnan, and Levitt voting "nay". Approved • Planning Commission Minutes August 28, 197E ALL MEMBERS PRESENT: • b. Inenaru's, inq_ request to preliminary plat 9 lots on approximately I 75 acres and rezone 13 acres from Rural to C-Regional Service for a Menard's Lumber Store. Site is located in northwest quadrant of T.H. 5 p and 1-494. A Public clearing. • • Mr. Marvin Pachaska, representing Menards, presented the request, ex- plaining the reasons why they felt this was a good location for their • project. Mr. Dan Johnson, Suburban Engineering, explained the grading aspects of the plan and pointrdout tree stands and other vegetation present on the site. He explained the plans for the earth work involved to screen the proposed outside storage area. The Planner stated that the Planning Staff has reviewed the proposal and expressed concerns that the screening would not be complete enough to • warrant waiving Ordinance 135. He explained that there was no question that a project such as this was important and serves a regional need, however he expressed concern that the proposal will set a tone for develop- ment of the MCA which will be impacted by outside storage. tie agreed it was a clean use and that Menards did have a good reputation for a well run operation, but he explained that the Planning Staff is concerned that • varying to allow.outside storage in this lower area will have impact on • the quality of the Major Center. Area. • Retterath asked whether this will be retail stores. Pachaska responded affirmative, explaining that there will be 12,000 sq. feet of smaller retail stores. • • Sundstrom questioned the proposed future Ring Route. The Planner responded that an overpass was anticipated over Highway 5 and the Ring route connec- tion to the south. Sundstrom pointed out the similarity of problems in screening between this project and that of the Water Products Co. on T.H. 5. Levitt was unclear what the relationship of Valley View Road to this site and how Valley View Road is supposed to be upgraded in the future. Enger explained that according to the MCA PUD and long rangetransportation plans o the City, Valley View Road is to be extended south of its existing alignment and the Ring Road will "T" into it. Mitchell Road will then continue and connect with extended Baker Road. At that time, existing Valley View Road past Topview would be cul-de-saced. He explained further that the City Council is trying to helpwith road systems through this transportation propo • • • • s . approved Planning ('oucnission Minutes - 5 - Monday, August 28, 1978 • Levitt felt that this particular type of development on this site would have a negative impact on the quality of future development. He inquired what type of uses were compatible and why this particular use was con • - sidered as having a negative impact. The Planner responded that there are many uses that could be developed in this area; a high quality motel • on top of the hill, restaurant, or corporate headquarters, etc., but was fairly certain they would not care to locate near an area with out • - side storage, therefore making it less desirable. Levitt asked whether since Menards is only comtemplating using 13 acres of the site, wouldn't • this be their problem? (Marketability vs. desirability) • • • Martinson inquired what the 1Dnq range plans for this site were. Pachaska responded that they will look to dispose of the additional land for some • - one else to develop. iledpath spoke to the burden of the property owners in this area, but expressed disappointment that Menards had picked this site for their project. Mr. Bob Morehouse, Eden Prairie Realtor from Watertown, disagreed with the Planner's concern that the project would have a negative impact on surrounding property. He expressed support for the Menard project, explaining that he was happy that Menards want to take on this development. li<>added that he had spoken to several corporate headquarter sources and they had no objection to locating next to a clean opere"inn such as Menard: The Planner state; that the Planning Department is not making statements concerning the marketability of the site, but that outside storage will have an effect on the type of proposals that may he received for this area.(such as boat marira sales) Morehoep felt tit precedence has already been set for outside storage by Minnesota Tree and Menards is not asking for something that is not • already there. Sundstrom inquired whether the Minnesota Tree project had come before this Commission. The Planner responded that Minnesota Tree was "grand- fathered" in before the adoption of the 1968 Guide Plan and was an interim use. Mr. W. Carpenter, owner of the Minnesota Tree site, commented that he • would very much like to see his site developed, explaining that his site was transitional and that he would like to sell it. He felt the proposed Menard's site should have significant screening from the west, and that it should be in the form of a fence. He also questioned whether the proposed service road had been reviewed by the State Highway Department. • Mr.Dan McGraw, landowner, stated that he and Mr. Tetuan had held this land for eleven years and would like a high quality type use, and feels that Menards is a good type of project and expressed favor for the approval of the project. • .approved • Minutes-Planning Cosinission - 6 - Monday, Aug. 28, 1978 • 4 Mr. Bob McDonald, Realtor, commented they own property south of T.H. 5 and they want to build high rise office building. They do not object to this project and they felt there was a need for this type of facility. • Redpath expressed a concern to look at a Menard site to see what it was like. • MOTION: Redpath moved to continue Menard Inc. request for preliminary platting of nine lots on approximately 75 acres and rezcning thirteen acres from Rural • to C-Regional Service for a Menard's lumber Store to September 19, 1978. 8earman seconded for a point of discussion. • • DISCUSSION Bearman requested photos of the site. The Planner commented that the topography of the site will change, and there is a great deal of vegetation that will make it difficult to make a before and after comparison. Lynch commented that he was concerned with construction of the building, and asked whether Menards would not consider re-thinking some of the points of the Staff report. Redpath requested that Menards re-consider points nos. 1 and 3 of the Staff report of 8/22/7B. • • Sundstrom requested also that he nards re-think point no. 5, and extend drawings to show tree st,;eds. The Planner noted that all of the tree stands would be eliminated according to Menards present grading plan. Levitt pointed out that if these 13 acres were zoned for retail use, with outside storage, the rest of the site may come before the Commission for like uses. The Ccanission should consider whether this is the use most appropriate in this area. He pointed out that there would be little control ov the use on the remaining area, and Menard's interest will be to sell to other developers. Lynch commented that this area. is planned as downtown Eden Prairie. Pachaska responded that they have platted additional property as outlets and they will have to come before the Commission for additional action. • Levitt questioned whether it was the intention of Menards to come hack with some modifications to original proposal. Pachasky responded affirmative. The Planner connnented that the concerns of the Staff report had been dis- cussed several times with Menards and he did not expect to see any significant changes on the site. He asked the Commission how they saw the NW area developing. He pointed out that the outside storage variance would continue. as long as the zoning. • Lynch felt that a little imagination in screening the outside storage could be possible. •• approved Minutes - Planning Commission - 7 - Monday, August 28, 1978 • Ilearnttut req.,rsted that the Planner look into whether granting the variance for outside storage would legally set a precedence. Pachasta agreed to change exterior building material if so desired by the Coo:mission. Sundstrot in';uircd what the purpose of the Ordinance requirement was for masonry and brick exterior. The Planner responded that it enabled high quality design and longevity in the construction of the building itself. VOTE: Motion carried 7-0-0. C. Opus11 ,ainrican Family Insurance site. Request by Ravenhor•st Corporation tor rezoning from Rural to diflee for .49 acres for • additional itarkinq to serve the insurance Bldg. and concept approval for future ramp parking. Lot combination/division application to be processed by City lttyineer. .19 acre rezoning is a strip cast of present lucoi'ican family Insurance Building, 45' x 410'. Mr. Bob Worthington, Rauenhnrel Corporation, presented the background of the pr-oper^.al , and outlined t.hc present requests for rezoning of .49 acres for additional parting, the division of the eastern lot (lot 1, bloet: 1) in Opus iI be coed:ineu with lot 2, block 1, and . �r requested concept approval from the City for a parking ramp proposed for the future. The Planner clarified the point on the division of the land, explaining there are provisions under Ordinance 161 for an administrative land division, a:hiich will allow the City to split one parcel of land into two, when there are no roads concrrnc•d or landowners do not object. He explained further that it is meant to expediate situations like this when thine ducts not s:ee:r to be conflicting opinions by surrounding land owners. Ho explained the parking race' is in conformance with existing rezoning .1;1-r.':icnt and it. r-ras orsirable. The Planner referred to previous concerns by iho Planning Cot.,:ission with the treatment of the ruoc'ced slope although the present building is well dune, and he sugq ttcd the proponent use the same sensitive treatment in protection of the slope and woods for additional building. Sundstrom inquired whether the parking ;amp was included in the original plan. the Planner responded that provisions for additional parking were included in the original POD agreement upon approval of the City. MOTION Ill • 1Zedp,ith moved to recommend the lot division/combination he processed administratively prior to any action on rezoning, seconded by Retterath. Motion carried 7-0--0. MOlIDN f2 1ledpath mowed to approve rezoning of .49 acres from Rural to Office as per request dated August 16, 1911; and the Staff report of August ?3, 1978, seconded by'Rettcratb. Motion carried 7-0-0. • • • -3- Parks, Recreation & Natural approved Minutes September 18, 1978 Resources Commission b. Menard, Inc. Marve Prochaska and Dan Johnson came to the meeting to explain and answer any questins the Commission had. The boundaries would be created by Valley View Road on the north, Highway 5 on the south, and 494 on the east. • Fifteen acres will be designated as their Retail Home Improvement Center. The actual center will be 50,000 sq. ft. They would start work on the project in the spring of 1979. The Home Improvement Center would be the first to be built. The two major concerns of the Commission were that of the filling of the floodplain and the groups of trees that will be taken out. The view of the storage area will try to be minimized by having an eight foot high fence and also landscaping. The parking lot landscaping will be done at the time the parking lot is put in. There will not be very much fill put in the floodplain area, and what is filled will be on the eastern left edge. It was felt that the cutting down of any trees would be detrimental to the area because not only are they of great value but it is also by the road leading to the residential living areas. Bob Lambert read the motion of the September 11 meeting of the Planning Commission regarding their changes on the project. MOTION was made by George Tangen to recommend that this proposal be denied at this time because of item 14 (that the grading plan be revised) of the Staff Planning Report and until the developer comes back with a revised plan showing the preservation of both stands of old trees. Robert Kruell seconded the motion and it carried 4-2 with William Garens and Dave Anderson voting "nay". Dave Anderson left the meeting at 10:30 p.m. • • r MINUTES OF REGULAR MEETING OF THE BOARD OF MANAGERS OF RILEY-PURGATORY CREEK WATERSHED DISTRICT • September 6, 1978 Menard's Development - Eden Prairie Mr. Obermeyer reported that he had been advised by the City of Eden Prairie that Menard s is proposing a development near Highways 169, 212, 5 and 494 in the City of Eden Prairie. Mr. Dan Johnson from Suburban Engineering was present on behalf of the developer to review preliminary concept plans. Following discussion it was moved by Sault, seconded by Fiskness that the engineer's letter outlining the district's policies and criteria which would apply to this development be approved and transmitted to the City of Eden Prairie and the developer. Upon vote the motion carried. • • 2(011 • • MEMO: TO: Planning Commission FROM: Chris Enger, Planning Director DATE: September 11, 1978 SUBJECT: Staff Report Update on Menards, Aug. 22, 1978 The Planning Staff has received additional information on Menards as of September 11, 1978. New information from Menard's includes: 1. Front face only of the main building is proposed as brick; the remaining sides are proposed as wood. 2. The larger accessory building is proposed as brick on two ends only; the lumber shed would still be wood. 3. A large berm has been added with landscaping and wood fencing on the wester. boundary to screen the outside display space. Also received , and attached , is a letter from the DNR to Suburban Engineering which points out the problems in grading and significant re- moval of vegetation over the entire site, as well as filling in the large wetland on the western boundary of the site. I spoke with Ron Harnac, DNR Regional Hydrologist, today regarding this Type IV wetland, and he informed me that it is considered public waters, and as such would require not only a filling permit, but an EAW. Since the Ring Route had been tentatively proposed to be moved from its original location further west, to the western boundary of the Menard's site, this raises serious doubts whether the Ring Route would be allowed through this area. RECOMMENDATIONS: The Planning Staff would recommend approval of Menard's request for preliminary platting of 75t acres and rezoning of 13t acres from Rural to C-Reg-Ser subject to the following requirements: 1. Berming and screening be provided from the northern land use. 2. Grading plan which preserves eastern landforms and vegetation must be submitted prior to Council action. 3. An EAW must be prepared by the City prior to final action. Staff Report-Menards -2- Sept. 11, 1978 4. Additional screening of the parking area must be submitted. 5. Since the lumber storage building is being utilized as a screening device, it should be brick. 6. A DNR permit will be required. 7. The project should be submitted to theRiley/Purgatory Creek Watershed District. 8. All faces of the main building should be brick. 9. The service road location should be relocated or graded differently to respond to staff and DNR concerns. 10. Cash park fee of $1200/acre to be paid at time of building permit issuance. 11. Menards time their opening to occur at the time of completion of signal and frontage road improvements at W. 78th Street and T.H. 5. 12. The right-of-way for the Ring Route be dedicated to the public as shown on the Menards plan. 13. The assessments for the construction of the Ring Route through this section of property be levied at this time and to spread over the entire parcel to be paid at the time of construction. 14. The grading plan be revised so that the two areas of significant oak vegetation are preserved as part of this site. Borrow material should come initially from the Ring Route alignment. 15. Screening of the outside storage area must be complete, and a detailed grading/landscaping plan illustrating this must be submitted to the Planning Department for review and approval prior to building permit.issuance. This screening shrmlri ,hc equal in effectiveness to that illustrated in site lines shown in the Menards brochure at time of planting. 16. Menards should provide adequate additional unsurfaced area at this time for overflo►•r parking should the need arise in the future. CE:jj pHESOp4 y° Minnesota Department of Transportation Q i yd� Al District 5 v'OF TO' 2055 No.Lilac Drive Golden Valley,Minnesota 55422 (612)545-3761 September 8, 1978 Mr. Chris Enger, Planning Director Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 S.P. 2701- T.H. 5 S.P. 2785- T.H. 494 Plat review of Menard Addition located in the northwest quadrant of TH 494 and TH 5 in Section 11 Township 116, Range 22 in City of Eden Prairie, Hennepin County • Dear Mt. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: - This plat presently has a temporary access directly off of TH 5 near the southwest corner of the plat. This access will he removed when the Minnesota Department of Transportation constructs a frontage road from the westerly property line to a signalised intersection at West 78th Street. The development plat should provide some sort of temporary roadway that will tie into this proposed frontage road which would be used until such time future TH 212 is constructed. - Our District Land Surveyor, Mr. Keith Slater would appreciate it if the developer's surveyor would contact him when he is completing the final plat so a common right of way boundary can be established and future problems avoided. His telephone number is 545-3761, ext. 199. - In his part of the review our Hydraulics Engineer noted that a grading and earthmoving permit will be needed from the Riley-Purgatory Creek Watershed District. We are assuming the existing drainage patterns will be maintained and therefore do not anticipate any problems. i An Equar Opportunity Employer • a Riley- Purgatory Creek Watershed Distri September 6, 1978 � 8950 COUNTY ROA EDEN PRAIRIE,1 MINNESOTA 5 s A s Mr. Chris Enger • City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Menard's Development Dear Mr. Enger: The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District have reviewed the preliminary plans as submitted to the District for the above referenced project. The following policies and criteria of the Watershed District are applicable to this project. 1. Grading operations are planned adjacent to wetland areas located on Outlot A, B and G of tho development site. These wctland areas will likely be classified as public waters by the Minnesota Department of Natural Resources (MDNR). A natural ordinary high water elevation of these wetland areas must be established. Once the ordinary high water elevation has been established, no grading or filling will be permitted below this elevation until a permit to alter the bed banks and cross-sectional area of public waters is obtained from the Minnesota Department of Natural Resources. If grading operations remain above the natural ordinary high water elevation, a grading and land alteration permit will be required from the Watershed District. An erosion control plan showing how erosion will be controlled both during and after construction must accompany the permit application. 2. The District requires that a detailed storm sewer plan be submitted for review and approval. If the wetland areas are to be used for • storm water storage, settling and oil skimming must be provided prior to the discharge of storm water to the wetland areas. Thank you for the opportunity to comment of this development at an early date. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely, a.�, .9A . Allan Cebhard AG/111 BARR ENGINEERING CO. cc: Mr. Conrad Fiskness Engineers for the District Mr. Frederick Richards Mr. Ronald liarnack Mr. Dan Johnson . ( STATE OF • Imo,, DEPARTMENT OF NATURAL RESOURCES Metro Region Waters 1200 Warner Road St. Paul, Minnesota 55106 Dan Johnson T. August 30, 1978 Suburban Engineering �� 6875 Highway 65 N.E. Minneapolis, Minnesota 55432 RE: ME.NARD'S, EDEN PRAIRIE Dear Mr. Johnson: This letter is in response to your transmittal of Aug. 18 requesting DNR co;ments on the proposed Menard's site in Eden Prairie. Initially, we noted the site does not appear very compatible with the proposed • development, due to the very steep slopes and the presence of marsh. We believe the amount of grading required in the overall scheme is made necessary because of of this incompatibility, and will lead to the destruction of the existing vegetation and land forms. Secondly, there are three wetlands along the eastern end of the site. Two of the wetlands lie on either side of the access road just prior to the point where the road curves southerly along the east property line. Neither of these wetlands is public waters, although both have potential for stormwater st: Age on the east portion of the property. The third wetland (public waters) abuts the proposed access road on the southeast portion of the site. Therefore, any alteration will require a ONE permit. Thirdly, a large Type 4 wetland is adjacent to the west property line. A part of this wetland extends within the site, and appears to be affected by the proposed access road. If any alterations are intended, a permit would be required. It is the policy of the DNR to discourage filling of public waters particularly for the sole purpose of urban expansion. If alteration is shown to be reasonable and feasible after exhausting all possible reasonable and prudent alternatives, permitting could be considered provisioaet't upon proper mitigative measures. It is suggested that a stormwater retention pond be provided on the east end of the site. In addition, it is expected that any feasible alternatives to the proposed access road aliglraent and also the future Ring Road will be considered at this time. We arc especially concerned that Ring Road will require filling of the wetland to the west. • ADMINISIt ANVE SIRYICIS • WAStMS. SONS AND MINfRAIS • LANDS AND ra,iSr.Y GAM( AND E111/ • rAR.S AND RICRtAIIOD • SN/ORCEMINI AND EIM:D St IaII.: Dan Johnson August 30, 1978 page - 2 The required grading should be limited to the minimum necessary in order to maintain portions of the environmentally sensitive area. This action will also result in a reduction of erosion during construction. You should also be advised that an EAW may be required for the development. You are encouraged to contact staff of the Environmental Quality Board at 296-8255 for further direction in this matter. In closing, we ask that you consider the above concerns and implement improve- ments wherever possible. If you have any questions about this matter, please contact Mike Mueller of this office. Yours truly, /� i0 a D. arnack Regional Hydrologist RDH:MLM:sb enclosure: W-54 cc: Sharon Decker, EQB : Bob Obermeyer, Riley-Purgatory Creek Watershed District : City of Eden Prairies/ STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning PROPONENT; Menards Inc. REQUEST: Preliminary Plat approval for 75 acres Rezoning from Rural to C-Reg.-Service Variances: from Ordinance 141; 8 to 6 required parking spaces oer 1000 sq. ft. G.F.A. from Ordinance #135; to allow outside storage and display; to use wood and metal as exterior building finishes; LOCATION: The northwest quadrant of I-494 and T.H. 5 interchange, south of Valley View Road and east of Minnesota Tree Inc. • DATE: August 22, 1978 . l'r,. 1 1\ ,X-:t ks \-;. i.411 (.__ - -•— 1......7. 3.7 i 1 `�akE `side Ost a15cy O . , s.� • I. <1• ve!` `}�7-�,tt • \ti% �' 1 's it`jV� -•L- ` • I— - . 1intk,i,bc,.,, , :-, ••'.. - tsa1ar'.7-11 ,. - ‘.. - oc:: .6 ki;l'I'l'r''` .7 -''''',i;iii''.'1 .„9-`""s,SNC,,,. .-.,-:,. •• -;,- , LAND USE The existing property is open and is currently zoned RURAL. The 1968 Comprehensive Guide Plan designates this area as Regional Retail. The Major Center Area Planned Unit Development designates it as: Regional Commercial, Highway Commercial, Regional Service, or Regional Office. The M.C.A. report pertaining to this area states: "Within the Ring Route (zone 4) approximately 100 to 130 acres are well suited for regional • commercial development with related office and service uses. The planning for this area as a total package is highly desirable, since site grading Staff Report-Menards - 2 - August 22, 1978 and placement of interior roads will greatly affect the timing of the development and marketability of the entire acreage. Good visibility from the freeway interchange, the significant Ring Route frontage and the size of the acreage offer excellent potential for regional commercial office and service development." SURROUNDING LAND USE The site is bordered on the east and south sides by major highways and on the west by Minnesota Tree Inc. which is planned to be a similar Reg-Ser or Office use. However, to the north and northwest of this area are single family homes, a church and a duplex development. This would seem to indicate that outlot E should be developed as some type of transition use, such as housing. TRANSPORTATION The Ring Route as envisioned in the Major Area report encompassed a somewhat larger area in this northwest quadrant than is now envisioned by the property owners and the City in the proposed transporation assistance plan The alignment for the Ring Route now contemplated i.s reflected in Menards proposal as a dotted in future right- of-way. As is evident in Menards development information they plan to con- struct a free standing service road, which would parellel T.H. 5 on the north side and Interstate 494 on the east side to connect from the anticipated signal at the intersection of W. 78th St. and T.H. 5 to Valley View Road as it overpasses H. 494. The ramps on the north side of Valley View Road to and '-om H. 494 are not expected Tor three to five years. The signal and road improvements at T.H. 5 and W. 78th St. are expected to be com- pleted by late Fall of 1979. If Menards is to be approved, they should correspond their opening with the completion of the signal. The proposed future Ring Road right-of-way is shown as 120' in width, which should be dedicated to the public and assessments for construction of this road should be spread on this parcel at this time for payment at time of construction so that the assessment is fairly spread over the entire parcel rather than thesmalbrabuting parcels which would be left as remnants of this platting. With development proposed prior to the Ring Route completion up in this northwest quadrant plans for cul-de-sacing of Valley View Road will not be able to occur at this time. Therefore, traffic on Valley View Road could be expected to increase since uses in the M.C.A. will act as traffic generators for people from the northwest quadrant of town. Valley View Road currentlyhas the capacity for additional traffic, however, it is adjacent to existing single family home areas. The off ramp expected to be constructed from H.494 to H. 169 this Fall with completion next Spring should help provide additional access via Valley View Road to this site. EXISTING SITE CHARACTER There is a brief description of the site under the Natural Features section of the Menards brochure, however the description of the vegetation occurring on the site needs some clarification. From an on site analysis from the major vegetation occurring on the site by our City forester, we find that there are two large stands of trees shown on the very eastern side of this site, one Staff Report - Menards - 3 . - August 22, 1978 occurring high on the hill and down the slope and the other occurring on a finger of land just south of a large hill. These areas of vegetation are significant stands of red oak, white oak and bur oak. The City Forest reports indicate. that there are two to four hundred 18" to 30" oak occurring in these areas. This certainly would qualify as a significant natural feature that ought to be planned with as an asset in future site plans. The topography of the site is dominated by a large hill form approximately 80' in height which rises from the center of the site to the northern portion. There is a low wet marshy area occurring along the western boundary of the site and is characterized by peat soils. There are no existing structures on the site, with the exception of the NSP power line which borders the site on the east boundary. SITE PLAN There is one large area of poor soil on the site as illustrated by the soil map provided in the Menards brochure. This area occurs along the western boundary and accounts for perhaps 25% of the land area of the site. Menards is proposing to build on lot 1, block 1, which will require fill into this peat area. This fill will be generated from the higher area as shown on the grading and drainage plan. The hill will be taken down from a high point of 922 to a broader plateau of 900. The contours shaman the grading and drainage plan very nearly alter 100% of the site. To this date we have not received further information from Menards which would indicate how much of this grading needs to be done with the Men:rds de- velopment. It is obvious however, that the entire southwestern half of the site will have to be graded to accomodate Menards, the frontage road sedi- mentation pond and grading to generate the necessary fill with the Menard site. The small hill that reaches a elevation of 882 occurring in the southwestern portion of the site will be cut down 20'. It is obvious that neither one of the major oak woods areas on the site is intended to be saved. This type of grading on the site without an indication of what uses may utilize these lots in the future will certainly be removing significant natural features that should be planned with in the development of this area. The entire 75 acre site drains generally to the south and west. This natural drainage direction is being followed in the mass grading plan. This will bring the surface water run-off on the site down to a sedimentation pond which will he dredged out of a lower area on the southwestern side of the site. The poor soils and sedimentation pond seem to render much of outlot B unbuildable. • There is no open space proposed for dedication or preservation as a part of this plat, therefore the cash in lieu of land would be charged$1200/per acre. The general Menards site plan places parking area exposed out toward the freeway. The proposed building as indicated in the center of the site with • an additional area of retail stores attached on the northeast side of the building & loading docks and outside storage as well as the lumber racks in auxiliary storage building located on the northwest side of the site. The entire 13.3 acre Menard site will sit in a bowl shape, surrounded on all sides by higher Land which will make effective screening of outside storage area very difficult, if not impossible in many instances. .... ....-- .,.. • '''. -*, ' s.. " ........./..P• .... ... .: ....._ *--.2......::::—.."..?;, ,,,..., i',\,....c,Finn-, --',••••••/ c•-••••> •''''' I.'1.'3'-•"1:•cf,.,_- ' \`v, ..., -,„,--..„is,,,,,,,,,, I . 'I , .-'1 `,-- '. 1''s, •---'''.--''''N-i• .' '• A1/41). . . I ! • :::I ) . .., \ "N. "Z -.• ,__ \,if\It ,„ •-• :j . - ,..- \ ,; •*---,,,i , -:,- % • 1 . f,.;/.-/ ,,IT--. 'i - —-------\ -,', wiar.- •', \ 1 ,., ,,,, ,; 1 - .• ,. ,...1 1 • • i: I. , , I I" '\%. N•..\ ./ 1I/.\.iI t/‘.\/,./t,ts N,'4(1‘t,•—>cf*:4-1—/,'.A11,1-,t,,. xI ,,.v\., :1:,‘...c' j- 1 si t,'v i'VN./111t-eN••-\--“,\.'s..tN j\,I..t.oN).\---a\4..,„,\' ,1I l\_‘.•\.I\:1 ‘ „/ a // \ % ••••- \, , ., \• ‘,, i i ..\ .., ••• X \ , \ \ ."'v..;4 rAl - .c'' i . ..../ ".\ \ t:\ \ ,,-.\. ...../ / , • I.", \ \ I • ..-/ ,/ .. \ ........ : \ k ..- •• -‘`;`'.',/, -i, \ • •• •1'..: •'-' .,- • ‘ \ ,.i si, I .... i s,, 1,.. , -\\\ ".." • ! \ \ , % ,1 .._,, ..,---,/ ,..:. • . •-, . -- , • 1•/ 7 , I t / , \:•,1,,• , `‘.. - 4/' •.,;:...,l i .1 t 1 - ,,,,__ 4. ,:- ., • ,,,,e • , tz e ,, • , . ... •. / °. . .. :- / ,.*; ../,/•• : / .., _ - , / / ,, 4, .-- „. ,, / / / • .,.. •,,,,.... , e ' ,,, r / ,... .., / , ,/.... -, , ,. , „e/ x„'",./' I ___ 3/''' '\</ .- - • \I.,'..-. / 1 I 1 . // //' • ---........., 1/ - /---—‘. ..,,,.;k7 Z - ;,,C.3-0.,". V '/ I/ . ' '----:I.\ // .- .'s-;.,•-'-- s' . - ,:". / ./ •i . -...----•'3=1.-...* ., ,,,d• 3N..." ..", .3. _ . r '‘:•\,,, 1 \ \,=,,: .,......e•-•--_-_-_-,..--,:?.-t.",,,,.' ,...../ ,I. 'I \ • s'i 1... '----_-_--- --''''' _.„..:---i--,--->: ,- , , , ' ---:-„,-:•-• ,„ ,-,---' — • ., ' . t --•''' ( - +-.71- -'. -----•-'-' .---;,..." 2 . , .- . !!-,-- aunt 111 116111411 ?MI • . • • • i... . MENARD ADDITION -..------- -.... ......... MENARD,INC. . , -; 4.ii4'4":- .** . . • de --- t .1 —..-- - Staff Report-Menards - 4- August 22, 1978 SCREENING AND LANDSCAPING The site lines Nl t-hrough F in the Menards brochure illustrate interruptions of the site lines from surrounding roads to the outside storage area. It IS important to realize that the screening that depends upon plant material as in site line C and E can only be as effective if plant material is dense evergreen with no spacing in between and approximately sixteen feet high at planting. The other site lines A, B, D, E and F rely upon land form for screen- ing. Certainly this is a very effective type of screening measure, however, these site lines were taken from the areas which are screened rather than the "windows" occurring to one side or the other of them. So it is important for everyone to realize the outside storage will be visible at various points from road systems surrounding the area. It is also perhaps more important to note the possible impact that construction of a Menards on this site with outside storage will have on the future surrounding land use in this sector. Since outlot E,F and G are all higher than the Menard site, viewsfrom these sites will all be impacted by Menards outside storage. Outlot G will be impacted most severely, and outlot G also seems to be the site which offers most character for a high quality use for a corporate office complex, restaurant, housing or hotel/motel, as well as high quality commercial uses. It is the Planning Departments feeling that placing Menards with outside storage which also requires auxiliary buildings of a pole barn construction with wood siding and metal roofing on this particular site will not provide significant enough opportunities for screening of the outside storage from surrounding roads and adjacent land uses to warrant a variance from the ordinance. PARKING Menards has included information in their development brochure w:.: h illus- trates the need for up to six parking spaces per 1D00 square feet gross floor ratio, rather than eight as required by our ordinance. We can look at examples around the City where the City has varied from the required parking for a developer and there has not been enough parking. Gelco is a good example where variance from the parking ordinance did not allow sufficient parking. American Family Insurance is another example where the parking ordinance was varied from and they are now rquesting additional land for parking area. The Eden West Professional Building in Edenvale is an example where the parking ordinance was adhered to and then required parking was not sufficient. The McDonalds/Jays Restaurant/Mr. Steaks complex is another example where parking is not sufficient. However, in all of these instances, the proponents were able to obtain additional land or provided for additional land to be used for overflow parking. Menards proposal does not illustrate that they have sufficient room on lot 1,block 1 for additional parking if need be since we understand that it is Menards intent to sell off outlots, rather than to retain them. SIDEWALK OR PEDESTRIAN AND BICYCLE CIRCULATIDN The Menards use is probably not a use which lends itself to walk in or bicycle traffic. The uses which occur on the remainder of the site may necessitate pedestrian and bicycle access, however this should be able to be incorporated in the form of sidewalks on either side of the Ring route with access leading off of this to other uses. SIGNAGE No off site advertising or roof top signage will be allowed as part of this development and the signage program must be submitted and approved according to ordinance 261. Staff Report-Menards - 5 - August 22, 1978 LIGHTING Because of the relationship to the residential area occurring to the north, high mast lighting system such as used by Homart should not be incorporated as part of the lighting scheme for this site. More site scale lighting should be used in the twenty to forty foot variety. RECOMMENDATIONS The Planning Commission may wish to consider one of three alternatives concerning the Menards request for preliminary platting and rezoning. • A. Recommend to the City Council approval of the preliminary plat • •for approximately 75 acres and rezoning of 13.3 acres from Rural • to C-Reg-Ser. for Menards Inc. based upon plansdated August 8, 1978. B. Recommend to the City Council approval of the Menards request for preliminary platting of approximately 75 acres and rezoning of 13.3 acres from Rural to C-Reg•-Ser•according to the plans dated 8/8/78 subject to the following items: 1. Cash park fee of $1200/acre to be paid at time of building permit issuance. 2. Menards time their open.:,.y to occur at the time of completion of signal and frontage road improvements at W. 78th Street and T.H. 5. 3. The right-of-way for the Ring Route be dedicated to the public as shown on the Menards plan. 4. The assessments for the construction of the Ring Route through this section of property be levied at this time and to spread over the entire parcel to be paid at the time of construction. 5. The grading plan be revised so that the two areas of significant oak vegetation are preserved as part of this site. Borrow material should come initially from the Ring Route alignment. 6. Screening of the outside storage area must he complete, and a detailed grading/landscaping plan illustrating this must be submitted to the Planning Department for review and approval Prior to building permit issuance. This screening should -ha equal in effectiveness to that illustrated in site lines shown in the Menards brochure at time of planting. 7. The exterior material utilized for the Mcaards building should be brick or a masonary product as required by Ordinance. • 8. Menards should provide adequate additional unsurfaced area at this time for overflow parking should the need arise in the future. 9. The grading and drainage plan must be reviewed and approved by the Riley/Purgatory Creek Watershed District prior to grading permit. Staff Report - Menards - 6 - August 22, 1978 C. Recommend to the City Councildenial of Menards request for preliminary platting and rezoning based upon the following reasons: 1. The Menards plan as shown is not consistent with the zoning ordinance in regards to exterior building material or outside storage. 2. Plan is not consistent with the required parking spaces per thousand outlined in Ordinance 141. 3. The outside storage proposed cannot be effectively screened from surrounding land uses. • 4. Development of the Menards proposal on this specific site with the variances requested would have a negative impact on the future development in the area. 5. The grading plan as shown does not respect significant natural features occurring on the site today which could be incorporated as part of future site plans for enhancement of the developments in a high quality environment. 6. The proposal does not help to implement the overall Ring Route system which would be beneficial to it•and the entire Major Center area. Accessing of the majority of the lots in the area by the alternate service road system would increase the problems of construction of the Ring Route in the near future. This would in turn increase the time traffic would travel on the existing Valley View Road rather than on the road system as planned for the area. 7. No hardship has been illustrated to justify varying from zoning ordinance regarding screening and exterior material and no Planned Unit Development trade-offs or innovations have been shown which: a. encourage more creative site design in development of the land. b. concentrate open space in more usuable areas or preserve unique natural resources of the site. c. preserve and provide a more desirable environment than would be possible under strict interpretation of the zoning ordinance or subdivision regulations. The Planning Department would recommend that the Planning Commission consider alternate C as a recommendation to the City Council. August 21, 1978 •L • Eden Prairie Planning Commission Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 Subject: MENARD'S PROPOSAL Gentlemen The Menard Lumber request for rezoning raises some concerns about traffic, given the present road system. How do they propose to get access to Highway 5? From a community standpoint, addition of this type of business would be welcome to many residents. Sin erely, Robert W. Hanson 6923 Rosemary Rd. Eden Prairie, MN 55344 r %eV i 1978 October 31, 1978 Members of City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Council: The Mcnards proposal, if approved, will greatly add to the traffic congestion on a major roadway. Please consider delaying the rezoning approval until appropriate signals and road alignments are in place. Our community badly needs road im --,vements such that developments can take place without risking life and limb of the existing residents and those who already work in the community. Sincerely, Robert W. Hanson 6923 Rosemary Road Eden Prairie, MN 55344 \ t cc:`Roger Ulstad, City Manager • November 8, 1978 4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • • RESOLUTION NO. 78-207 RESOLUTION ORDERING IMPROVEMENTS (I.C. 51-332) WHEREAS, a resolution of the City Council adopted the 3rd day of October, 1978, fixed the 8th day of November, 1978, as the date for a public hearing on the following proposed improvements: I.C. 51-332, Sanitary sewer extension for • Super-Valu site and adjoining properties at Co. Rd. 60 & I-494 WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement were given ten days published notice of the Council hearing through two weekly publications of the re- quired notice and the hearing was held and property owners heard on the 8th day of November, 1978; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such improvement as above indicated is hereby ordered (and amended as follows.) 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and speci- fications for the making of such improvement, with the assist- ance of Rieke Carroll Muller Assoc., Consulting Engineers. ADOPTED by the City Council of the City of Eden Prairie on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk , • NORTHERN CABLEVISION, INC. September 2S, 19'S ".r. Roger 7iscad City Tanager ..i:y of :'_e ?'a e S950 'Ed_.. ?:a_:__ 33en prairie, Minneso:a 5:3:, Re: ,Oche of Cable Service ._:ri:ory Proposal Dear Mr. 'J:s:ad: As you are aware, Nor:hern CabievisiOO, _ncw is in:e es:__ in obtaining cable :_. •is: - franchises a number o: :he subu:ban _o==u,i:__s in :he :win, Ci_y :e_ropoiican area. Rnciosed you will find a Ve •c_ of ::::en: by Nor:he:n Cab.ev:s:on, _nc., :o propose '• a Cable Ser•___ Terri:or .r5-; eons:s:in_ of seven souc.`.ves: n_:ropoi::ac subu:3s, . including :h :y _= :den ?raj:__. 17vis No:_:e will a:sc be published _._ your local newspaper :he .._c_ :_.•.:__. No les- :Man d'vs a_:_. _r._ cane^of pub_----_oc Nor_Jern nus: subu_ a ---pla:e CS:' prsu M nnesc:aa„-o__ CoSnou- ns'3oa_: (MCC3) including a rest.-:low^- prcposa: :o _.._ Ci: cur :ier approving :r disapproving :he sec CS:. woul- • from you: ��-- - - _ _ _ be nos: appre___:_ _ ._'you ' -iaoe :.:s nap:_: on your Ci:- Council agenda a_ a._ es: .our- :nurse, be pleased :o appear = e7.. ou :onside: _... _ .-. - Wadi _. _: and __ _ a =--. ese^.-=lean .. ;our Council members. ?'ease ad ise us :he -• mee:ing -a•e. : have _n:lose_ a mode. .eso__._on your _..nve..__nc=_. A copy :3np:_:e proposal :e - _.._::__ ::• all =unizioa:i: es __ran and :or , as were as e Ve: ::c.-:an noun: adjace-: :: :he proposed -a_._ Service _e-..-_ - :_-- - � ., and uCC3, w en ::...__.._ :on: -_:g _:e -- Se:'•--- be by :he MC:3 -_--ng :he review .- , and oral -: en:a =ay be presan:ed a: ::e :-_- of a public =e : na. :ol:op:: approval of :he Can._ Service -:__'_:Dry, :ior:ne:.. Cao.e'::s:on, _ C• •begin the francnising procedures by aop:v:0; :o ?50: individual r1L':._..pa__:y for a :;; , franchise. "s you have Jv 9S.00S about .his ma::_- please :all __:he_ myself o: ,._pne n S.:- (335-7734., D: our Legal :_..wise , .a mes C. ::i_tison or :_be: J. Reiongoc: a: -war..- . i F.offna-, Caly _.ndgr 5=5-3300 . «e :rued be dos: happy :D assist y^u _.. any way. ; Vera rU 2,ur ti ,,,/1 .6.4:44,‹ i pro:_'aeon dh ,650 NUr:7'WE37S:t, FINANCIAL CENTER • 79CC X'cRX$s AVENUE SCUTH STATUTORY AND REGULATORY PROCEDURES FOR ADOPTING A CABLE SERVICE TERRITORY Prepared by: Larkin, Hoffman, Daly & Lindgren, Ltd. The franchising procedure :or a cable communize:ions company :s outlined in Chapter 238 of :he Minn2so:a St_':u:as and inthe Rules of e M_'nnesoca Cable Communica:_ons- ma-or pa:-s. Firs:, a Cable ter' :e -err::0r: Board. The process :orsiata of three - (CST) aus: be approved b. :he M-nneso:a Cable Communications Soarc (M.C:3) :uracanc C3 Rules §§�•21-�•'_3c. Secondly, r.. :he _able _= mur.:- to Mina. Scat. ?'_Ja.O3(-) and u C.. ^ - cations company nus: be franchisee by :he runic: '' ::es a-cn:o one Cable Se;tote f Territory pursuant co Minn. Scar. 3238.09(1) and Rules 334.111-c•120• upon adoption of a franchising ordinance, the t?CC3 s!us: ward a cerc:-icata of confirm:ion 1.1 to :he cable company pursuant co Minn. Scat. i23S.09(:) and MCC3 Rules 33`•100-_.104. The following i3 a stay-by-ate? summary of :he procedures in•:olved in approving Cable Ser7ite i. Northern Cablavisior., Inc. (Northern) files its Notice or Intent co,roll, of •; municipality subrnic a proposal for a CST with :he Ci: Manage: -• t _ a Northern also thin or ecanc toe proposed Cable 3er ice Terr_tor- also publishes :his No:ice ,,t Intent in a locale newspaper. ^CC3 Rule 34..223 A. 2. `Ior:.^.ern «i :her. come :o your CityCouncil and request L' ra50_ rior. " either approving. :r a-sapproving-one proposed boundaries of :1e CST. MCC3 Rule >=•__- S. at_on o_ Noc__e Northern .___ 3. No lzss than -.•_r_ --•:- :ro.., :he pub:_ _. _.._-.': -- _:- r.' proposal :o eac: not:-i subs: : _t _.:_c___ Cab_' per._:_ ._r-_-- _ ipali -ne,'Pnneso _ -onzur.__at_ons Soar_ ;"CC3) , and he Metre _ Cor w t:ar. - ^er - hat =e s_oa__--- :o Metropolitan Council. Oral or : __,._ ._ prior :he fCC3 _ , :es_3na_sd _tub:-: hear_ _ a: e - -:e co final action Sr :-.a Soar:. MCC3 Rules C,9._. 1.1 • NORTHERN CABL>:YISION, 1NC. • NOTICE OF _N._NT 70 SUB= .. PROPOSAL FOR A C?3L1. SER`i:CZ TERRITORE TO THE MINNESOTA CA3LE COMMUNICATIONS BOARD TO: Mr. Roger Is:ad City Manage: City of Eden ?ra:::e 8950 Eden Prairie_ Eden ?rairie, Minnesota 553i.= • RE: Notice of hoer.: to Propose a Cable Service _err::ory NOTZCZ :3 E 3!3Y EN :-.a: No:t ern _ablevisioa, Int., a Minnesota corporation, by .;effrev A. Mar:us, _.coons :: suba_. __ _ esac..Minnesota Coabl_ C^cacr.• �ocs Baald a prODosai for a :ah__ 3e- :e ._r -- , snail consist :he following 3100L__cloll, d_�C__eLn, Eden ?ra'r-e, Et. L,ou's ?ark, Hopkins, Minnetonka, Edina. .. - - - Minnetonka, :he appL_:a.an will be s;.oc _ or thirty (33) days from :..e ia:_ of ?ubL :::s not:__. • f;pif LARKIN, HOFFM_AN, D_i LY & LINDGREN. LTD• ..ci• + - *Av.. SC..d•.eie ✓. T.O.NE'•$ a .J.N .•<..>... •.aL+r :S00 vOPT..wEv'ePv=:N�NC:+��EN'SO •Otis.t -"_J<• • n<.s L•:.t[etJ.. 7900 xEax55+v.NUE •pace•, vessc• s�sca •c w�NN E�PCL:S.w:NNC5C,a 55.3, .•eels c c.•<• ••...•>esc--_L• -C_ZP-One Cal•35-3310C r•<n -Ow•t• ]t0.: +v Lt• ..[. t.tv en>..L�•.. iLNL'. etc+.+ ens csi+-w....r�on• or.Jvntt'. tort•-m-t October 13, 1979 Mr. Wayne S. 3urggraaff City of Richfield 6700 Portland Avenue Minneapolis, Minnesota 334223 Dear Mr. Surggraaff: Jeff Marcus has asked me to respond to your letter of October I1, 1973. As you are aware, Northern Cablevision has been diligently pursuing :he question originally raised at our September 20, 1973 meeting and restated in your recent letter. Enclosed you will find a copy of my correspondence with Mr. Chris Donaldson of the Minnesota Cable Communications 3oard. You sill note that Question '`l of :he four questions which I have ?osec to him deals with the specific concern which you have raised. : presented those ..estioas :o :he full Cable Ccmmuniations 3oard at :heir meeting. of October 13, 1973. The 3oard .vted Co direct its staff and legal counsel to respond to the issues raised as soon as possible. On Friday, Oc:ober 2D, 1973, Mr. will and _ be near:nc with Mr. Donaldson and Ms. Davis of :ha Cable 3oard J.::. along with :heir legal counsel, Special Assistant Attorney General Sob Nardi to review those issues. :lobe^.alp Mr. Nardi will be prepar'_d ._ answer at lass: :he one question which you have also __:tied. Also enclosed you will find _ copy of a ?reposed Resolution ?r=_paret: specifically for the City of RI:ofi_1d :he ..t. Council could use to _emote i:S approval df in- elusion of :he ciz7 :n ,.3D10 Sery:__ ._.__tor': as proposed. If course. Northern Cablevision will honor :he 'position of roe City Council v 3s:_ ie the of field from :he '.able_ Service - r_:or wil l ill ^.e iornai_ pr :oa'.. in ea:'_ Novem- ber if that is your desire. Since :orr:ere. i s decision on .soar specific :sole Sc_ __e Territory to propose .J oeoeroC:t c:ocr the,attitude of the City of .._otiiel', we `.could appreciate your expel''"''pus consideration of :his Satter. lie have met with-Mayo: law and requested that this matter be on the agenda at nest Monday'' council zee:idz for at least preliminary discussion although we understand fully that you intend to defer final action on .t until you ha':e received an answer from either your own .counsel or the Attorney General's office. Sincerely James C. Erickson, for NORTHERN CABLEVISION, INC. • cc: Mayor Law City Council Members • Mr. Clayton Lelovere • Mr. Chris Donaldson crea STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION 50D RICE STREET, ST. PAUL.MN 55103 CAELE COMMUNICATIONS BCARD 1612)296.2545 October 20, 1978 James C. Erickson Ember D. Reichgott Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Northwestern Financial Center 7900 Xerxes Avenue South • Minneapolis, Minnesota 55431 • Dear Mr. Erickson and Ms. Reichgott: This will acknowledge your letter of October 10, 1978 concerning Northern Cablevision, Inc.'s Cable Service Territory plans in the Southwestern Suburbs of the Twin Cities, and will transmit for the record our responses to the four questions you have raised. Please be reminded that my interpre- tations, while developed with the assistance of,the Board's legal counsel, are informal and, as explained in MCCB Rule 4.090 F, are not binding on the Board except as it chooses to ratify the interpretation. In direct response to your four questions, we submit the following informal interpretations: 1) Approval of a Cable Service Territory (CST) by the Board does not prohibit one or more of the municipalities named as part of the territory from granting franchises to cable companies other than the proposing company. It.. the event a municipality chooses tc grant a franchise to some company other than the proposer, the Board may revise the CST. We recognize here the statutory declaration of non-exclusivity as key to this con- sideration. Consequently, the Board may approve a CST that is not exclusive, and municipalities within a proposed CST may elect to receive service from other (non-exclusive) franchises if they wish to grant them. In effect, the Board is prohibited from requiring exclusivity. 2) Communities affected by the CST proposal may resolve in whatever way they desire, even to the point of reporting to the Board that they have, through due consideration, resolved to abstain from a position of approval or disapproval. The Board hopes and expects that the affected communities will explain their posi- tions, whatever they may be. AN EQUAL OPPORTUNITY EMPLOYER Jamas C. Erickson Ember D. Reichgott October 20, 1978 Page 2 of 2 G s. 3) The Board's initial action can take place early in the process of consideration of a CST proposal as long as it waits until the initial 30 days has passed. "Initial action," in this case, is defined as being preliminary in nature, and notices of any such action shall be noted as such. The Board's purpose is to start the action as soon as possible in order to not unreason- ably prolong the process of CST approval. 4) At its meeting on October 13, the Board made known its intention, subject to legal interpretation, to not hold up the process of CST approval as a consequence of actions by individually affected communities that might not wish to be included in the CST. Fur- ther, we take a practical view that modification of the CST over the 90-day statutory period of consideration by the Metropolitan Council is a constant process undertaken by the CST proposer, the communities involved and even the Board's staff. This process y, of modfication is shaped by the availability of new information from the affected communities through their responses as well as by the recommendations of the Metropolitan Council and others who may wish to comment. Hence, the Board could approve modifi- cation to the original CST proposal providing all parties affected by the modification receive adequate notice of such and are offered reasonable opportunity to respond and be heard on the matter of modification. ;-"Th 4 Yours sincerely,/ ' ('l D./�aArtdsdn �f1 �`�`^,��— ecu ive Director WDD/bf cc: MCCB Members Robert R. Nardi Staff-MCCB d OCT ( .. • 6STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION TOO EtCE Sl:Fti, ST.TAUT,MN 55101 ." CASTE COMMUNICATIONS 6 !St: ':6'.5f5 0AkD ' October 26, 1978 TO: TWIN CITY METROPOLITAN AREA CITY OFFICIALS FROM: MINNESOTA CABLE COMMUNICATIONS BOARD Within recent weeks at least 19 metropolitan area cities have received notice of their need to take action on proposals establishing a cable service territory in the southwest suburban area of the Twin Cities. It is not unlikely that the next few weeks anrrl months will produce similar requests for action directed toward other metrcpolitanmunici.palities. The realm for this circumstance is the sudden, but not unexpected, surge of activity by the cable comnnalcations industry that should result in major growth in cable communications in the Twin City Metropolitan Area. Similar development:; are underway in rrany other major market areas in the United States as cable com- munications seems poised on the edge of a cy,:a of rapid growth in the larger cities. The Minnesota Cable Communications Board was created by the legislature to develop statewide cable communications policies, to aid in the orderly establishment and promotion of the industry in Minnesota in a manner that guarantees preservation of the public's interest and to furnish an impartial consulting service for communi- ties scekieg to prepare and grant cable franchises. The Board has been given special direct:iul with respect to the unique problems of cable development in the Metropolitan Area with its large numbers of contiguous municipalities. The Board's staff has designed kits of information, instructions and examples of proper resolutions and oven ,tTT'ple franchises Chat you may find useful as your council bcr,+rls the process of considering, the requests before you. We arc also able to identify, interpret and explain those state regulations dealing with cable communications that might be particularly troublesome because of the special, and as yet largely untested, requirements of metropolitan area cable franchising. At this early stage in the Metropolitan Area cable communications development, we feel that your council might find it useful to discuss the procedures required fur cable service territory determinations and franchising with members of our staff. If you agree, you arc encouraged to call or write. We will he happy to assist you in every way poaoti.b]e. 1. WDD/bf AN LOUAI. Ot'i'OIMUNIIY EMPLOYER t, L G) 1 OCT 10 1978 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 speaking 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,Z. //.i--` Don Poupard DP;pmg :1'.IA 1 N . . -V.__---__ ). I;l�:t OF LU:11'L�,li;i:!tT — -- PUDWESS 's'D 2. DAY-DATE-TIME-OF INCIDENT y / OR ACT ION ' • 3. WHERE DID THE INCIDENT OR ACTION TAKE PLACE 4- NAMES-ADDRESSES-PHONE 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 ? YES - NO_ WHAT WAS THE OFFICER'S BADGE NUMBER 1 _-__-- OFFICER'S NAME, IF KNOWN Set, 4E5 16/2/0/CE --_------- d 7. CAN YOU IDENTIFY THE INVOLVED OFFICER YES_____ NOx— 8. ;LEASE DESCRIBE IN YOUR OWN WORDS THE ACTION OR INACTION WHICH CAUSED THIS COMPLAINT:_ /pol/g / C&-/"< 4 .D.tE62)._dOQ4S__K -- S/.�i _e_%El 01_ ova -(2Xf r�25•�rvo— --- pv(rzilr t!5PfLy_.2ui uea! -ei 1`46 -s1 /4- sc f ex,g0/Av eve C/1/4 ' - 1_f!s__Z•E-rf j.prnnl“)<,. ,1)v/orL_ m�/o! ,t.. Ofi. .S :FtS- YI 060/57/L6,Q1S__7-uAAlga/i oly�}p _ ,NATURE' CO14PI-A.cnNT /nCfu c65 i niuC! mpic E oix,,, C /499/44, . 0 -lac %�/L / - - D'E'PARTMENT USE • OFFICER RECEIVING COMPLAINT DATE RECEIVED ROUTED TO TIME DATE __ RECEIVED BY. - — — -- TIME - DATE - INVESTIGATION COSS1;•1ENCED YES NO P._ ---- ---- IUVESTIGATIWI CON DLEIED TIME. _ DATE _ _BY BY - NECOWMENDATIONS DADE DATE_____. _LETTER SENT TO COMPLAINANT DATE 1 . page 2 8, Mr. Poupard describes the actions which caused him to make the complaint as: Above officer (Sgt. Les Bridger) broke two 2 doors and shattered door frames. He continued to say that two 2 locks were jammed and permanently ruined, Rifle shells were scattered all over carpet, a rifle was left jammed and a door molding was torn off. He also stated in his complaint that Sheets and Bedspreads were turned over. In parenthesis he states "Pictures and much more damage available" After reading Mr. Poupard's letter and complaint, I xeroxed a copy of Eden Prairie Public Safety Report #76002139 which was entitled "AGGRAVATED ROBBERY - AGGRAVATED ASSAULT". The copy was made to familarize myself with the case. The report con- sisted of an Evidence Tag, a four (4) page offense report (written by Sgt. Bridger) a Hennepin County Sheriff's Department Initial Complaint report and (2) two first person written statements taken by Sheriff Deputy Rozenbloom. The report also con- tained a 7-page statement by the victim John Raskob. A two page follow-up by Sgt. Bridger was also contained in the case file. A copy of the search warrant was not available at this time, and a memo was left for Lt. Wall to secure a copy of it for my investigation of this complaint. The evidence tag shows that on at approximately 1530 hours, Sgt. Bridger took into evidence a .357 caliber re- volver. The revolver was described as a Smith and Wesson Magnum with serial number 7K45329 and (6) six hollow point cartridges. It also states that they were taken from 6251-Beach Road (Poupard Residence) via a Search Warrant. The initial report shows the offenses being investigated as "AGGRAVATED ROBBERY - AGGRAVATED ASSAULT", both felonies in the State of Minnesota. This report also lists 2 parties as the victims; John William Raskob 0-16-51) and Denise D. Mayer (2-22-5B), both of Hamel, Minnesota. The suspect in this felony investigation was listed as a Donald Poupard or the party who has initiated the complaint against the investigating officer, Sgt. Les Bridger. The offense goes on to say that the initial report was taken by Hennepin County Deputy Sheriff Rozenbloom at the Medina Ballroom and that Sgt. Bridger was notified that the offense allegedly took place with the City of Eden Prairie. The incident was then investigated by Sgt. Bridger and statements were received from the victims involved concerning what had happened. In further investi- page 3 gating the incident, Sgt. Bridger was able to locate a picture of Mr. Poupard and asked the victims to come to our office to identify the party out of a picture line up. According to the report, the victims arrived at the Eden Prairie Department of Public Safety Office on 9-7-78. After viewing the pictures, a line up of 5 photo- graphs, the victims gave Sgt. Bridger a positive identification of Mr. Poupard. Acting on Probable cause and the reason to believe that the gun used in the offense was at the home of Mr. Poupard, Sgt. Bridger drafted a search warrant and had it signed by District Judge Mineko. On 9-8-78, the same day the search warrant was signed, at approximately 1530 hours, Sgt. Bridger, Cpl. Danielski, Officer Matson, and Record Supervisor Donna Hyatt executed the search warrant at the Poupard re- sidence, 6251-Beach Road. According to Sgt. Bridger's follow-up, Sgt. Bridger was unable to make contact with the defendant at this time and in order to gain entrance to the home, he had to force open a small entrance door on the east side of the re- sidence. It should be noted that according to the report, attempts to contact Mr. Poupard prior to this date had also failed. Besides having to force the outer garage door, the inner door leading into the home also had to be forced open. The report goes on to say that in searching the home, Sgt. Bridger found a '.:tided Smith and Wesson .357 magnum hidden within a plastic bag which contained a sweater. It also shows that Cpl. Danielski located two boxes of ammunition (1-.357 and 1-.38 special). The box of .357 cartridges was missing 10 cartridges. It was also learn- ed at the time of the search warrant that Mr. Poupard is somehow connected with Mam- moth Development Inc. of 1301 - East 79th Street, suite 110. Sgt. Bridger left a warrant receipt along with the search warrant copy at the residence prior to leav- ing. According to the report, the doors were then closed prior to the officers leav- ing the home. It should be noted that prior to serving the warrant, Sgt. Bridger attempted to reach the defendant at his home on 8-29-78, but was unsuccessful. After reviewing the report, it appears that Sgt. Bridger made numerous attempts to con- tact the defendant but in each attempt he was unsuccessful. 10-12-78, 0800 hours. I arrived at the office and was met by Lt. Wall and Chief Hacking, The two of them informed me that they wanted the investigation to start by having statements taken from the officers involved in the case. After reviewing the report, I contacted the officers involved and received a statement from each one. l• page 4 Statements which were received from these officers have been attached to this report. At approximately 1100 hours, on this date (10-12-78), I received notice that Larry Skoglund had received a complaint from Mr. Poupard. I proceeded to the law offices and found that the paperwork was the same that we had already had on file and at- tached to this investigation, At approximately 1305 hours, I met with Mr. Poupard to discuss the complaint with him. See attached report for details of the conversation I had with him at this time. At approximately 1305 hours On 10-12-78, I arrived at 6251 Beach Road, the Donald Poupard residence. I had called Mr. Poupard earlier in the morning and had made arrangements to meet with him at this time. Upon my arrival, I found the house to be south of 62nd Street on Beach Road. I noticed the house to be off of Beach Road to the east and down a steep slope. The home appeared to be brand new (just built) and extremely well kept. As I walked up to the front door area, I noticed that the house contained stained glass windows and the front double door looked to be of carved wood. The home appeared very expensive. I range the front doorbell and was soon met by Mr. Poupard's voice over the intercom. A short while later, Mr. Poupard met me at the door. I introduced myself to him, as he did to me, and he invited me into his home. Mr. Poupard was very cooperative and polite. I walked into the entrance way and immediately noticed how clean and well kept the interior of the home was. The home's interior was spotlessly clean and everything seemed to have its place. Linen and clothing were folded and neatly set in its place. I explained to Mr. Poupard that I worked for the Department of Public Safety and that I had been assigned to investi- gate the facts surrounding the execution of a search warrant on 9-8-78. I also advised him that it was my job to get the true facts of this incident. Mr. Poupard was very cooperative and he asked me to wait in the hallway area while he retrived photos of the incidents and paperwork from another room in the home. A short while later, Mr. Poupard returned to the kitchen area and he showed me several papers (letter to City Manager and complaint) which our department had already received. I informed Mr. Poupard that I had received the paperwork and was acquainted with what they contained and stated. He also had two small polaroid type photographs which he did not show me at that time. Mr. Poupard and I then went into the living room area, which was also spotless, and I asked him to explain what he had observed at his home on 9-8-78. I also asked Mr. Poupard to explain what actions he has taken so far so that I could be informed on the progress of the complaint. While sitting in the living room, Mr. Poupard advised me that he had talked with the City Manager, out "part time" city attorney, and had personally talked with District Judge Minenko. He stated that he had gotten no satisfaction (something to this effect) and that he finally wrote a letter to the City Manager stating he was serious about following up on his complaint. I then asked Mr. Poupard what had led him to issue the complaint and he stated that his main complaint was that he is home about 95% of the time (he operates his office from his home) and he could have been reached. He stated that he was upset mostly about the way the search warrant was handled and the damage it caused to his one-month old home. Mr. Poupard apparently felt that because he is home • 95% of the time, he could have been reached and the search warrant handled in other ways. I then requested that Mr. Poupard explain to me the condition in which he found his home and also how he found it. Again, Mr. Poupard stated that he operates his office out of his home and that he is there almost all of the time. On 9-8-78, Mr. Poupard stated he was home in the morning and left his home about 1315 hours. He stated he went to the bank and did other things and returned to his home about 1720 hours. Mr. Poupard said that upon returning home, he found the search warrant and receipt in the center isle of the kitchen. He stated that the papers were in plain or clear sight. It should be noted that I had asked Mr. Poupard to give me the details as they had occurred and I had to ask him about entering the garage and the damaged doors. Mr. Poupard then stated that he used his garage door opener to open the garage door and he then drove into the garage. After getting out of the car, Mr. Poupard walked to the door going into the utility room and observed it standing wide open. I asked Mr. Poupard what he meant by wide open and he walked over to the door and placed the door several inches away from the molding. I stated something to the effect "that wide open" and he replied something to the effect that it wasn't completely closed. Mr. Poupard stated that the lock had been sprung, the molding was sticking a d the 7` i molding, according to him, had been pulled out. At this time, Mr. Poupard again stated that his main complaint was that he was at home 95% of the time. After seeing the paperwork on the center isle of the kitchen, Mr. Poupard stated the logical thing was to check the other garage door, which was what he did. Mr. Poupard stated he faintithis door also "wide open" and that the door was cracked and the molding on the locking side was cracked beyond repair. The molding from this door and the door itself were still at the home and I took them back to the office with me. It should be noted that the damage to both doors had been removed and replaced prior to my arrival. Kt-should be noted that while showing me the doors, Mr. Poupard also showed me the two polaroid photographs which he had taken. These photographs were of poor quality but showed the molding to be pulled away from the framework. When I asked what he meant by pulled away, he stated that the molding was away from the framework. In one of the pictures, it appeared as if the molding was pulled away at a 900 angle with the bottom of the molding being broken away. I didn't have a good chance to view these photos.but will at a later time. It should be noted that the door and locking side frame had been replaced on the outside door, along with the lock. The inside door's lock and the molding surrounding it were also replaced prior to my viewing them. I questioned Mr. Poupard about his statement that both doors were left wide open. Mr. Poupard changed his story and stated both doors were open but just a few inches. HJ5 comment, however, was that "both doors were left open, no way they could have been locked." After checking the doors, Mr. Poupard stated that the rest of the house had been left in a state of disarray. In one bedroom, he stated, drawers had been rifled, the bed was just layed down and had not been restraightened. While in the bedroom, he stated that anyone could tell that a .357 wasn't under the bedspread. He continued by saying that the officer even looked inside a portable radio and left the portable radio open. He stated the clothes inside the drawers were left in disarray and he could tell the drawers had been gone through because the handles were left in an "up" position. I asked him if the drawers were left open and he stated some of then had been. I asked him what he meant by open and he stated one to two inches. We then walked into the area of a walk-in closet and a short hallway. Mr. Poupard stated that .22 caliber shells, 15 to 18 of them, had been scattered about and that the rifle was jammed w,.,;' a cart- rfdge in the cylinder. Mr. Poupard stated that the cartridges were scattered about in the hallway but that the rifle was put back in the same position. In discussing where the gun was located, Mr. Poupard stated the sweaters were put back where they were, but not neatly. He also stated that a sweater that was on the bottom of the pile was left on top, not put back on the bottom. Mr. Poupard stated the officer was looking for something, a promotion. Mr. Poupard stated this in a very sarcastic voice and in a sarcastic attitude. We then went from room to room and Mr. Poupard had comments to the effect: drawers were left open in the bedroom and the bedspread was left awry. "I'm sure the officer didn't try to deliberately damage something." In the office area of the home, Mr. Poupard stated the desk drawers were left 1 to 2 inches open and that the items inside were scattered around. In the front closet, Mr. Poupard stated that a portable radio had been opened and left that way. He stated something to the effect, "How could anyone even think a pistol could be hidden in there?" He also stated that a .38 caliber pistol had been in the closet during the search and that it was still in the closet. In the unfinished area of the basement, Mr. Poupard stated the officers moved things around. Down in the amusement room area, Mr. Poupard first stated that officers had not been in the room but then stated that they had because the sofa cushions had been lifted and left there. After going through the home and talking with Mr. Poupard, I asked him about his conversation with Judge Minenko and his actions prior to the complaint and he stated that he first contacted Chief Hacking. He stated on Friday night, he got hold of Chief Hacking and asked for an explanation. Mr. Poupard stated that the Chief told him that he knew nothing about it at this time, but suggested that he get a lawyer. Mr. Poupard stated that he didn't need a lawyer because he was a taxpayer and a resident of Eden Prairie. He also stated that many of his friends were lawyers. On Monday, Mr. Poupard contacted the City Manager, Roger • Ulstad, about 1430-1500 hours and Roger Ulstad told him that he was unable to give him an explanation at this time. Later, the City Manager (according to Mr. Poupard) told Mr. Poupard that prior to serving the warrant. Sgt. Bridger tried'three times to get hold of Mr. Poupard. Mr. Poupard stated the officer, Sgt. Bridger. was a damn liar because the search warrant was served the same day it was picked up. and the only time Mr. Poupard was gone was between 1315 and 1720 hours. Mr. Poupard also stated that he talked with Judge Minenko personally and that the judge signed it himself. He stated that he wanted to make sure the judge signed it himself because he knows some of them and they have their clerks do most of the work. Mr. Poupard then went into his conversation with the Judge and stated that the Judge stated that this type of incident or warrant happens once in about 30 years. Mr. Poupard also stated something to the effect that the warrant was not issued to be a "No knock" type entry. He also stated something to the effect that it was a daytime search warrant and could be served any time during the day until 9 o'clock. Mr. Poupard's final comnents were that he wanted to speak before the Council, and that he had contacted the Mayor. Mr. Poupard again stated he was concerned about the way the search warrant was served and stated that he has advised his girlfriend not to answer the door when she's home alone. Mr. Poupard was extremely concerned about the fact that officers might have broken into the home while she was there. Prior to leaving, Mr. Poupard and I discussed his living in Eden Prairie and he asked if we had any liquor establishments other than Genghis Khan. I' mentioned Olympic Hills and he mentioned Rudy Luther. Jack Price and Jack Adams as friends of his. i cleared the scene at 1455 hours. • Officer Rick Rabenort • I�•1 Ulstad, about 1430-1500 hours and Roger Ulstad told him that he was unable to give him an explanation at this time. Later, the City Manager (according to Mr. Poupard) told Mr. Poupard that prior to serving the warrant, Sgt. Bridger tried three times to get hold of Mr. Poupard. Mr. Poupard stated the officer, Sgt. Bridger, was a damn liar because the search warrant was served the same day it was picked up, and the only time Mr. Poupard was gone was between 1315 and 1720 hours. Mr. Poupard also stated that he talked with Judge Minenko personally and that the judge signed it himself. He stated that he wanted to make sure the judge signed it himself because he knows some of them and they have their clerks do most of the work. Mr. Poupard then went into his conversation with the Judge and stated that the Judge stated that this type of incident or warrant happens once in about 30 years. Mr. Poupard also stated something to the effect that the warrant was not issued to be a "No knock" type entry. He also stated something to the effect that it was a daytime search warrant and could be served any time during the day until 9 o'clock. Mr. Poupard's final comments were that he wanted to speak before the Council, and that he and contacted the Mayor. Mr. Poupard again stated he was concerned about the way the search warrant was served and stated that he has advised his girlfriend not to answer the door when she's home alone. Mr. Poupard was extremely concerned about the fact that officers might have broken into the home while she was there. Prior to leaving, Mr. Poupard and I discussed his living in Eden Prairie and he asked if we had any liquor establishments other than Genghis Khan. I mentioned Olympic Hills and he mentioned Rudy Luther, Jack Price and Jack Adams as friends of his. I cleared the scene at 1455 hours. /`)�-f /,2 // 7 6 Time /' 3P DateT � �1 / f/i.I,, ,A1 ,rtpR/Z , , residing at 4j�CS r 6rif� /�in the City off, i, /1/r , County of HE_UIJ. , State of / l/� dtii My birthdate is/•;2.;- 1r . I am 4/g years old. I do hereby give this free and voluntary statement to OfficorW (jC,k KjgZENn,* , who have identified themselves as Pub is Safety Officer(s)of the Village of Edon Prairie, Minn. I understand I have the right to remain silent, and anything I say will be used in court as evidence against me. I am entitled to talk to a lawyer now and have him present now or at any time during questioning. If I cannot afford a lawyer, one will be appointed for me without cost. I understand and waive these rights. s_o • z/ —7--,4) ..d.,1-e--1. -44.2.----041,,.71._A 9,..5./...4t-i,& Y-71\gigi..7 a/4,J- o at-4,p._ , : ..� _14.1.7 • la . � _, 4 fig, ,..97./AXAIN-J-e&A. Ale-'1._-, -,/e--- d-../ .02 a/IA-12,4,4 .4a,..1./1-. - ,..,a,.--.V ..,/.. 4 1/Y,L'_ -4t � .712 Ci_ ,fit, -Yt1 r -'- ^ I aye roe this -+ page statement and it is a true s mont to the best of my know- ledge and has been made without any threats or promises'on the part of the Public Safety Officer(s). This/statement taken at l 9c/- �v,o,.l A?/ I have this date /o/ia f 7 k received a copy of this oZ page sta m t. Signature: h-y1 dId Witnessed: I-t1-T igt,1� ►Witnessed: 'L '#iel • SUPPLEMENTARY INVESTIGATION REPORT I•C•R.'N0. M' PAGE �J- OF -111114 ZIAAAr.A-LP 4.11-44.4 77- it\)74-4:941;4( 61.-eLa .9 A.;tt- u • • SIGNED ' . ! DATE .Nv[sT,caflNc OiNct. October 12, 1978 TO: Roger Ulstad FROM: Det. Sgt. Les Bridger I attempted to contact Mr. Poupard both in person and by phone on 8-25-78 but found no one home. This attempted contact was made the morning and afternoon following the incident. On 8-29-78, I again attempted to contact someone at the Beach Road address, both by phone and in person, but found no one home. I decided to attempt to locate Mr. Poupard through his place of employment, wherever that might have been. I contacted several sources in an attempt to learn the location of his place of employment but all my sources could only indicate that he was self employed, giving no telephone number or address. I later learned as a result of the search warrant that he is affiliated with Mammoth Development, Inc., 1301 East 79th Street, Suite 110, Bloomington, Minnesota. After contacting an Assistant Hennepin County Attorney via phone and re- viewing the case, I advised that I would like to obtain a search warrant on Mr. Poupard's home in an attempt to locate the weapon used in this inci- dent. I was advised to go ahead and seek the search warrant. On 9-8-78 I did draft a search warrant and brought it before Chief District Court Judge Minenko where it was sworn to and signed by both the Judge and I. I then proceeded to the residence of Mr. Poupard in company with Officers Matson and Danielski and Records Supervisor Donna Hyatt. I had phoned the Poupard residen-- just prior to leaving to execute the search warrant and received no answer. At the house, I rang the front doorbell several times, announcing my purpose and authority but received no answer. We then proceeded to the back door (patio) and again knocked on the glass and announced my purpose and authority. After receiving no response and spending approximately 15 minutes looking for a point of entry, I decided to use my shoulder to force the rear garage entry door open. I used my shoulder instead of my foot because it would cause less damage. I chose that door instead of the expensive carved front door because I wished to cause the least damage as possible. I then used my shoulder to force open the inner door which leads from the garage into the kitchen area of the house for the same reasons. I used the avenue of least resistance. Once inside, the search was conducted. I located the weapon as described in my search warrant. I personally ensured that everything in the house was placed back in the position it had been in prior to the execution of the warrant with the exception of the door and frames which sustained some damage. Both doors were closed by myself upon leaving the residence. • .)',+/.j lit DATE:. November 3, 1978 TO: Roger Ulstad, City Manager FROM: Jack Hackingt SUBJECT: Citizens Complaint; Mr. Donald Poupard At your request I assigned Lieutenant Keith Wall the responsibility of assigin- ing one of our officers (Rick Rabenort) to investigate the complaints that were made to you in writing by Mr. Donald Poupard. Lieutenant Wall has completed the investigation and his report is attached for your review. In addition to the attached investigation I personally talked with the three officers and records supervisor from our department who were present during the time the search warrant was executed. After these discussions and review- ing the entire case, with careful consideration to Mr. Poupards complaint, I feel that this situation was handled properly, according to the law and most of all keeping in mind the guidelines, rules and regulations that have been set down by you and our city council. I am in agreement with Lieutenant Wall that no further action be taken regard- ing the complaint submitted by Mr. Donald Poupard. The people from our departmenthave asked me to inform you that they would be most willing to answer any and all questions that you or the council may wish to ask concerning this case. If I can provide you with any additional information please call me. r • November 2, 1978 TO; Chief Jack Hacking/ FROM: Lt. Keith Wall K SUBJECT: Citizens Complaint; Mr. Donald Poupard At your request. I assigned Officer Rick Rabenort the task of investigating the complaint levied against our department by Mr. Donald J. Poupard, 6251 Beach Road, Eden Prairie. Otficer Rabenort's report is now complete and I have reviewed it and the criminal case charging Mr. Poupard with Aggravated Robbery and/or Aggravated Assault. You also requested that I draw a conclusion from my review and provide you with a recommendation regarding any departmental action that should be taken pursuant to Mr. Poupard's complaint. Since the citizen complaint is the result of a criminal action and subsequent investigatory procedure, I would like to recount some of the events that will influence my recommendation. 1. A young couple reported that they had stopped on what they thought was a side road to relieve themselves when a party fired a gun (the party later identified as Mr. Poupard), in the air outside their car. This party then ordered them out of the car at gun point and took certain items from one of them, (specifically a blank personal check and a _.-iver's license). The couple left the scene and reported the incident to another police agency and this agency referred the matter to us. 2. The case was investigated by Sgt. Bridger of our department and his reports were reviewed by the Hennepin County Attorney's office who determined that sufficient probable cause did exist to seek a search warrant to seize the .357 magnum revolver used in the crime. '3. Prior to the actual preparation of the search warrant, Sgt. Bridger did attempt, on several occasions, to talk with Mr. Poupard and was unable to reach him. Since the weapon was paramount to the case at hand, a search warrant was presented to Judge Minenko of District Court, and it was issued for service on 9-8-78. (The warrant had to be executed before 9:00 PM that date). 4. Sgt. Bridger, along with our Records Supervisor Donna Hyatt, Corporal Roger Danielski and Officer James Matson all proceeded to the Poupard home to serve the warrant. When the group arrived at the Poupard residence, they rang the door bell several times and knocked on various • doors, but there was no response. 8ecause the passage of time was now becoming a factor in the outcome of this matter, Sgt. Bridger looked for a method of entry to the home that would cause the least damag'd and decided to force a yarage service door and a side entrance door to the home. Once inside, a search was conducted and the item named in the warrant was found and secured in evidence as a principal part of the matter under investigation. , • Chief Hacking November 2, 1978 Page 2 My account here covers just the highlights in this matter and it should be noted that our criminal case file and the resultant citizen complaint invest- igation are both very comprehensive. I have reviewed each with careful consider- ation and conclude the following: 1. Sgt. Bridger executed the search warrant completely within the scope of the State Statute. 2. Sgt. Bridger did, in fact, jeopardize the successful outcome of this case through his repeated attempts to contact Mr. Poupard and avoid forceable entry. • 3. Sgt. Bridger and all those present during the search demonstrated concern for the personal property of Mr. Poupard and made every attempt to leave the premises as orderly as possible under the circumstances. 4. The investigation conducted by Officer Rabenort was thorough and unbiased. Since Sgt. Bridger and the other officers involved conducted this search completely consistent with State Statute and did show obvious concern for the personal property of the principal in this matter, I recommend that no further action be taken regarding the citizen complaint submitted by Mr. Donald Poupard. .........1,.......... .r ..�.... a clloruman rllCIDE;NT` LAW ENFORCEMENT INITIAL COMPLAINT REPORT llE MESS.KEY CONTROL NU.A 0f ri �CONT.AGENCY NCIC!DENT. 1 MCI)BY. 1 E 1 C.� I I I---L—I.-..< -..1__1 -_-1 EL"_LN_Ll) 1 2 1 2 1_0 r 0 I° I O{ I OAY1S I R1 IT..I W.I.IiF LNOR OAT(REPORTED TIME Ii,.i•DOTED LOCATION<lr<ID NUMBER 21 1-_.1__ 1 T 1__11 I._ _.2 --_,_._._I L—.__,_.-L.___.____,_._L�.-1____L_ PLACE COMMITTED I : . 1 -..I .1. _-I_..-i 1-..-1__t-_._l. .___L..I.__L_ !_. r__._L-1 Reported BY: DO13/ — — Bus.Nbr. Address: --_._- - --- -------------- ------Home Nbr.-------_ Complainant:-- ---DOB/._ Address: --------_ _—_ _. _.__.. _...--------- ----__.. ----Phone Nbr•-- - --- - BADGE NO 'TIME ASSIGNED TIER-ARRIVED TIME CLEANED C__L___1_1_ _.- 11- -LL1 -I L 1 --1= I Li_ 1 —, 1 Incident Description: — NB /1RI- r OL Hl .,..I<.r. ,i --- - .,,,,,,Jo ,,,, `D'll'i- - Ati 11tNA� L n ArreRI --- - ' h'RD Codes !L R3 I /[. - f 1 1 t I 1' .Phor. J.INBR ISN i:,<' 11CS -I - •N Radro r UDC UCS A -Mao, 14 /III, /f _ L. I i I• i I f{4 1 '1_; I J l -.L-1._, / _ i I <+n.wn 14_J L�_� I .. ._I / __I I 1 _{ / 'i / �_ / -- "V•v.wsl . f <-_1 I. 1.__1 1.-� L—. _ ..._____ • M -Mail •It multiple lines are to he entered,a slash('I tow.;follow each hoe except itie',isl i .Other • =DLLOW-UP: . C,%-.,1,%/ e-r- .✓_./ 7 r r-r c-c-' -=� /"" ., '-, . 7 G 6 �.., ... `%>,y ' ; . 7`___r -.^,l_.ct.__ ; ,-? '1 eary.v r —s{ — f �} r - Ar.,.`�" l Eft.^--... 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L .;c/.rwr/ : ,lv -/...' 44 5/r TO ./'., ,-- �I.,1'.;r; C= 4,••.,r 1, //.iy� FN rrr,� cam. �.eX, --- /�Jam`-- j / Q/hf/�l 4•. /�j_ r ',cY/%:i'.e',srtJ /7...' r' /11. i.P'.t_._ - ..__.,T .3 /�4/?l'1/ 7 / /OC Al1 //C r,� /74?•'r/.-y n-c ,- /j,'. ..-,'4' �, C.' /-0 C CIA/cif/ n,r^ 5!1_ /_ .,{:mac `Z—_S PLC /t 4! ?t d _ { 1l( J/ F'._ ,„ t' i s ✓ 1/, r�a.Y, t l' 1 r i'N n c. ,.�/I� f -r it:ET7l1 ,.n.n.,ir:, 1 (CASE NUMBER , :urtu•ist Hennepin County Sheriff's Department I II c it m Ohd) A');///14JtA1�`zit h FIRST PERSON STATEMENT PAGE OF AMF In4/1.4Iddle,L P OAJ .. p Ti A.M A6E 7 OAT F e� y / h 5 ajL'( Q/ M. 6 �1 DO ESS /Y MARITAL STATUS � MARRIED 'f �✓IN-/ .,.E yry�������� 0 DIVORCED 0 SEPARATED �� �9 I'.P !�{ DO ESS V BUS.PHONE HOME PHONE • M/P�/Q,d/ //ipp 77V-P7a) Y7k-6 pyc-- STATEMENT OF EVENTS =T-7:5/J J n '‘''r 97/ Ova+ -b if F 0-43 !r Ti. ia!, , . O✓c/- e...// / <Y •‘ F — _•,,� T /. .E.. fA' 4, Ater t/e_ Jo,c iw PUR_ ,o4 n. iI'_ qJ 4,r '�d/ s 33-7 /7 a 2� j 04 pi Y; .7 ,..3.21:r„rIc 4 9 .� ,.P- . ".s kf / Vki, b;04. /.� 1.4 43 , 11„clis-7, 'i A--:, yy - 4t v 4 ,114 Ha ta(' /7�1jl r7 V,) l Js /Cf /1��.' �tl Gj :::::,,,- --- -------__ 7it C u a Wars 4 , yes/ I i &1.. IN e, 1 i /14y a1' 44 1 .1 0,44 �V J4 4 C n t az //I G 2 62 Y.,/M°�S S * F id fig b Yt "� 9y 'e SI N UR Ze The above voluntary statement is true and correct to the best of my knowledge. WI7 NESS IN 'ST16 ING PUTT BAD ENO. WI J TN g� L HG Z 3 ir2.i4) Hennepin County Sheriffs Department t FIRST PERSON STATEMENT PAGE OF NAME(First,Middle.Litt) y t� DATE ]L/ TIMES{ A M AGE DATE OF BIRTH A SS `t.`]V \� l ( /'(r .S/9,(/�� ,(• •MARITAL S�STATUS -��_ 8 �A Q MARRIED /�lM (4Q )24INGLE Q DIVORCED Q SEPARATED • EMPLOYER t ADDRESS ltl(lr�. BUS.PHONE HOME PHONE 1),1c�t ,fez,,,. :�L yi u fazI iI�d. Ss syv-ti. f'ci -C4.40 STATEMENT OF EVENTS �. t (4A:— -ki rct• -\c r-6.et\ re C rstel vt-s, C C�(i Y E l Y1 P #- ((/C'cl bac L. k..E►) -to C t ctFlu( E'j c . C_0er tJCcC(c, ii c •-\ (car G {'e (�'1inutAt'S J `k(•\�� ye 0/ . `_9�11ev' jcNk- ao. frve CiSked 1)6 . Wirer S`,y`S \ - - J..I)y 4�� i x�d reye S o����� s� a� i1ia lac �f�s�e - r-I eupry/_ � liil� J �x�`z�--��{� p�T it (CI ()..)OS Ili 7.) — 11 . s ctt �� ti inch Q,`)• -1 l • -CT Olv\ lt,_ C 4-C<<1P `mac �T Cv G� J� c c,(u Cc� -c- • k\t t\CttY ACc �Sbcj* 11is ycx�rs not- cult(y lyair . t a(so 1 CcPb✓ bh his kpT toz • SIGNATURE The above voluntary statement is tole and correct to the best of my knowledge ��tvy+nsa 12 WtT S WITNESS INVESTIGATING DEPUTY BADGE NO. .., . . . . ., . . . • . . • .. . .. . . . . . . .r , •' , - \\\N\ . • $ . . . . ,r.rrrr .r• .Err:r . , rr X . . . . 1 . 1 I . $ Ir ..--.. . . , . . , . I • t ...r . r r ..... . . , . . . . . . . .....--. . . 4 •.`. •17. ' .. • 1 • ' - _-___. _. I t ThE rESEM October 30, 1978 NOV j 1• 97B 1� Mr. Roger Ulstad, City Manager and • Members of the City Council City of Eden Prairie 8950 Eden Prairie Road • • Eden Prairie, MN 55344 Dear Mr. Ulstad and Council Members: The Preserve recently sold our W. 78th Street land to "Gelco" which contained our major sign and must be relocated. We are requesting the City Council to favor us with a new temporary location on the former "Carnes" property (map enclosed). Eventually this location will become the east ramp off Schooner Boulevard. A major sign on 169 and Schooner was lost to us on the upgrading of • 169 and the intersection. This leaves us with only two other temporary commercial signs of the smaller variety. Your placing this on the November 7th Agenda would be appreciated. Respectfully submitted, THE,PRESERVE / r j i „------John H. Gertz Vice President CARTER & GERTZ, INC. JHG/jl • Enclosure • 1 11111 Anderson Lakes Parkway,Eden Prairie,Minnesota 55344 • (6121947.2007 X‘. : 1 i� I^ :' A ::.,,,,, t. t,1 '-.!,:,z qz. fli to w II , aft VI': .. Y r t1: -1,•,... .4 v 5 I Ill AllftllbIIIIII-1.;.??. 1---- -.1 -t.: ---__...4-„,-,Y..1.-------7---.- 1--- ---a-:.T..-.-,,- ..; ....,...,. ,iik o^ i " lira..,, 0'!-. 1 I N' ... 0) • W „NHt ��41 t_ .„.---Tit // ; r--. ;=ter- i s eta < o •c 1, Sm Yoh -.»0 `J f- - 1 _ErI 1 OP ' J u~ '' {y t N d ,a oo `�% • 7k y t)wyt',-A4 q �t1 1-3 1974 the""" res�� . esseme October 18, 1978 Mr. Roger Ulstad City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: D1 - Basswood Apartment Zoning Agreement Dear Mr. Ulstad: The zoning agreement on the Basswoods Apartments called for construction to start by September 5, 1978. We are involved in a continuing effort to market a financially feasible project on this site and have been very close to finalizing a number of sales. The recent upsurge in interest rates may defer the feasibility of this project until 1979 or possibly 1980. We, therefore, are requesting an extension of the construction time limit • until September 5, 1980. If you or the Council have any questions please let me know. Very truly yours, THE PR SERVE L e W. John$on Vice President - Engineering LWJ/j1 11111 Anderson Lakes Parkway,Eden Prairie,Minnesota 55344 • (612)941-2001 ��. 7(1; DRUBS IPS October 18, 1978 City of Eden Prairie 8950 Eden Prairie Rd. Eden Prairie, Mn. 55344 Attn: Roger Ulstad Dear Mr. Ulstad: We wish to request a 12 month extent ion to ordinance #241 "Ordinance relating to zoning and amending ordinance No. 135 Masters Condominiums.", copy attached. We were not able to proceed after the approval was granted in 1974 due to a tight money market and an overbuild condition in the condominium market. Our tentative plan at the present time is as follows: We have submitted our package to FNMA to secure a committment for end loan mortgages. We are quite certain we will get this cemmittm.ent. Once we have this we should be able to get a construction loan on the project. If all goes right we hope to start construction in the spring of 1979. We are still planning to build the project just as it was approved in 1974. We realize if we make any changes in the plans we will have to come back to the city for approval. If you have any questions don't hesitate to call or write. Sincerely, 7� '�- 1 J.C. Weis %j Treasurer k JCW/et 1 enclosure MULTI-Fl M Ly COMMERCIAL INSTITUTIONAL SINCE 1939 P.O.BOX 6757 • 2227 NW 7TH STREET • ROCHESTER,MN 55901 • 507/288-2041 • CITY OF EDEN PRAIRIE IHENNEPIN COUNTY, 111INNESOTA ORDINANCE NO. 241 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135 Master's Condominiums The Council of the City of Eden Prairie does ordain as follows: • Section 1. Appendix A of Ordinance No. 135 is amending by adding to Section 9, Township 116, Range 22 as follows: Located on 7.4 acres of land in Edenvale PUD 70-4 Legally described as Lot 1, Block 4 in Outlot F, Edenvale Second Addition. Rezoning to RM-2.5 for the -onstruction of two 3 story condominiums totalling 96 units by Weis Builders, subject to the terms of the Rezoning Agreement executed between the Weis Builders and the City of Eden Prairie April 4, 1974 . First read at a regular meeting of the Council of the City of Eden Prairie this 27th day of November and finally read, adopted and ordered published at a regular meeting of the Council of said City on the 9thday of`April 1974. • David W. Osterholt, Mayor ATTEST: .SEAL . �,._ . -fit .,. ''- . , . Jobjl D. Franc ,.;lerk{ • DATE: September 28, 1978 d�01N TO: Jerome Chapman, County Attorney's a HENNEPIN Office "• �QG7 :_'•? )`* < FROM:SUBJECT: David R. Smith, Associate Director 3�.�`,t� NFBo ... TERMINATION BY HOMART DEVELOPMENT COMPANY OF CONTRACT NEGOTIATIONS ON PROPOSED EDEN PRAIRIE LIBRARY SITE After well over a year of negotiation and participation on the part of many individuals, the Homart Development Company was unable to alter basic provisions of an existing operating agreement to make it possible for Hennepin County to consider purchase of this property. Thus it has been eliminated as a possible library site. For the time being, the Library will not actively seek alternative sites; however, any inquiries or information on possible sites can be directed to Ken Bilek, the Library's Director of Administrative Services. • I am sorry that this proposed site did not become an actuality, but I do appreciate the efforts all of you made towards that end. Thank you. *** William Schroeder, Property Management v Chris Enger, Eden Prairie Planning Department Gretchen Wunderlich, South Area Librarian Libby Otto, Eden Prairie Community Librarian cc: R. Rohlf, K. Bilek, reading file DS:jgr • • • • r, 10 Olympic Hills 5ti RAP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-28 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 R1-13.5 District. • Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement made as of ,1978, between Olympic Hills Corporation and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1-13.5 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 finally read and adopted and ordered published at a regular meeting of the f, City Council of said City on the day of ,1978. Wolfgang H. Penzel, Mayor •l• SEAL ATTEST: John D. Franc, City Clerk Published in the Eden Prairie News on the day of ,1978. That part of Government Lot 2 and that part of the Southwest Quarter of the Northwest Quarter, all in Section 25, Township 116,Range22, described as follows: Commencing at the Northwest corner of said Section 25; thence South 0 degrees 28 minutes • 17 seconds East, assumed bearing, along the West line of said Section 25, a distance of 485.02 feet to the point of beginning of the tract of land to be described; thence South 49degrees 34 minutes 25 seconds East, 740.86 feet; thence South 41 degrees 44 minutes 17 seconds West , 290.25 feet; thence South 25 degrees 40 minutes 35 seconds West, 306.34 feet; thence South 6 degrees 28 minutes 10 seconds West , 579.24 feet; thence South 11 degrees 07 minutes 03 seconds West, 252.21 feet to the Northerly right of way line of Co.Rd. No.1; thence North 84 degrees 09 minutes 53 seconds West,along said Northerly right of way line,110.00feet to the West line of said Section 25; thence North 0 degrees 28 minutes 17 seconds West along said West line, 1785 feet to the point of beginning. EXHIBIT A Olympic Hills Fifth Addition GUSTAFSON.GUSTAFSON & ADAMS. P.A. ATFORN:YS AT LAW st,rry.111 MICHAEL J.ADAMS 7.100 MISTIt1 OOl•l.EVAItt OREOOKY O.(1USTAI'SON I?OIN.1.MIN NES(1TA StI4 5 MARK U.OHNSTAU ON COUNSEL Tt{OMAS I.HARA TEl.t:l•IIONE tt'il21 8311-7177 HARRY Ol'STAIrSUN JOHN M.OI'JAN WAI..TEH C.Ul'STAt'SON RONALD t_KNELLING JAMES D.ATKINSON.III November 3, 1978 • Mr. Roger Ulstad City Manager HAND DELIVERED City of Eden Prairie Eden Prairie, MN 55343 Re: Developer's Agreement - Olympic Hills Fifth Addition Dear Roger: Enclosed please find three copies of the above-captioned Developer's Agreement. As per our conversation of yesterday • with Carl Julie, I have changed Paragraph 6(a) on Page 2 to state that any storm sewer system, if one is required, will be built according to the city's normal specifications. This was the only change I made to the Agreement, as prepared by the city, except for the addition of the mortgage information listed on Page 4 in Paragraph 17. If there are any problems or comments in regard to the Agreement and the changes please call me at your earliest convenience. Thank you for your continuing help and cooperation. Very truly yours, GUSTAFSON, GUSTAFSON & ADAMS, P.A. i\iA(1 Michael J. Adams Attorney at Law MJA:cw Enclosures 4 Olympic Hills Fifth Add. • • DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into in triplicate as of _. 1978 by and between OLYMPIC HILLS CORPORATION, a minnesota corporation, hereinafter referred to as "Owner", and by the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City for changing of the zoning from • • Rural to R1-I3.5 for approximately 11.5 acres for development of land more fully described in Exhibit A , attached hereto and made a part hereof, hereafter referred to as "the property", and WHEREAS, Owner desires to plat and develop the property as Olympic Hills Fifth Addition for construction of 20 single family homes on individual lots. NOW THEREFORE, in consideration of the Mayor and City Council of Eden Prairie adopting Ordinance 78-28 changing the zoning from Rural to R1-I3.5, Owner covenants and agrees to construction upon, development, improvement, and maintenance of said property as follows: I. Owner shall conform with all planning, architectural, engineering, landscaping and fee requirements of all city ordinances. • 2. Owner shall plat the property in conformance with the material reviewed and approved by the City Council, • dated April 3, I978, and attached hereto as Exhibit B. 3. Owner shall submit a development plan prior to approval of final plat which shall show proposed grading, storm water drainage areas and direction of flow, preliminary utility plans, pondinq area and floodplain high water levels for I00 year storm and minimum floor elevations for all lots. • • Agreement-Olympic Hills Fifth Add. Page 2 • 4. Owner shall final plat the right-of-way for the cul-de-sac "squared-off" to provide 60 feet right-of-way abutting the west property line for possible future extension of the pro- posed street to the west of which the cul-de-sac is the western ten:rinus as shown on Exhibit B. • 5. Owner shall final plat the intersection of the street as appears on Exhibit B as it intersects Co. Rd. #1 in accordance with the design described in Exhibit C attached • hereto and made a part hereof. 6. Owner shall conform to the following Hennepin County Highway Department rules and recommendations: a. If required, owner shall construct an underground storm drainage system according to normal city engineering standards. b. Owner shall obtain approval, including a utility permit from Hennepin County for: all proposed con- struction within the County right-of-way before beginning construction. This includes, but is not limited to: drainage construction, utility con • - struction, and landscaping. • • c. Owner shall restore any land within County right- of-way that is disturbed during construction. d. The Owner shall dedicate, for roadway purposes, an additional 17 feet of right-of-way for a total of • 50 feet from and along the centerline of CSAH#1 as depicted in Exhibit C. 7. Owner shall confirm to the following Riley-Purgatory Creek Watershed District recommendations: • a. Owner shall apply to the District for a grading and land alteration permit for the project. A detailed erosion control plan outlining how sediment will be prevented from leaving the site both during and after construction must be submitted to the District for its prior review and approval. b. Owner shall submit a detailed utility plan for review • and approval. • • Agreement-Olympic Hills Fifth Add. page 3 8. All 20 lots of Olympic Hills Fifth Addition shall be subject to $275/lot cash park fee payment in accordance with Ordinance 332. 9. Owner shall remove and properly dispose of all diseased • trees on the site by February 1, 1979. • 10. All 20 lots of Olympic Hills Fifth Addition shall conform to minimum lot size and setback requirements of the R1-13.5 District in Ordinance 135. 11. Owner shall post a sign at the end of the street informing the public that the street's dead-end is temporary. 12. All sanitary sewer, watermain and storm sewer facilities concrete curb and gutter and bituminous surfacing , whether to be public or private, shall be designed to city standards by a Registered Professional engineer and submitted to the City Engineer for approval. The Owner, through his engineer, shall provide for competent daily inspection of all street utility construction both public and private. Asbuit drawings with service and valve ties un reproduceable mylar and certification of completion and compliance with specifica- tions shall also be delivered to the City Engineer. The Owner, prior to final plat approval, shall provide a bond or letter of credit in such form as shall be approved by the City Engineer and City Attorney and which guarantees completion of construction and payment of costs thereof in an amount of no less than the estimated costs of construction plus 20t of all street and/or utility systems to he owned and maintained by the City. The City shall accept such street and/or utility system suhject to reconnendations of the City Engineer and suhject to receipt by the City of Owner's warranty guarantying such systems two years following City Council acceptance, together with a bond or letter of credit in the amount of 25% of the costs for such systems in such form as shall be acceptable to and containing such further terms as shall be required by the City Engineer and City Attorney. 13. A survey prepared by a registered land surveyer with all pertinent dimensions, elevations and topographical features as requested by the City Engineer shall he • submitted as part of the building permit application for each lot within this development. 14. Owner shall file this Agreement with the Register of Deeds and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. • Agreement-Olympic Hills Fifth Add. page 4 15. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof or provide proof of filing in accordance with paragraph 14 herein, Owner for itself, its successors and assigns shall not oppose rezoning of said property to Rural. 16. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. 17. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens, and other _ encumbrances, except : . . That certain First Mortgage of record, in favor of National City Bank of Minneapolis, dated October 1, 1976; and OWNER SHOULD STATE IF NO LIENS OR OTHER ENCUMBRANCES ARE ON THE PROPERTY, OR LIST THOSE THAT ARE That certain Second Mortgage of record, in favor of tiat"nal City Bank of Minneapolis, dated September 28, 1978. 18. Prior to the dedication, transfer of conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form, acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein to the City. I9. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title herein free and clear of any mortgages, liens, encumbrances, taxes and assessments. • Agreement-Olympic Hills Fifth Addition page 5 • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed the day and year aforesaid. CITY OF EOEN 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 H. Penzel, the Mayor and Roger K. Ulstad, the City Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. Notary Public OLYMPIC HILLS CORPORATION, a minnesota corporation of the State of Minnesota BY: II t; " — its President BY: - 1,at°_rrr� its Dirprtnr / The foregoing instrument was acknowledged before me this4th. day of November , 1978 by Michael J. Adams the President , and Oonald J. McGlynn the Director of Olympic Wills Corporation, a minnesota corporation on behart of said-corporation. Notary Public C CHRISTINE A.WALKER j NOTARY PUt3IIC-t./1NNEsoTA YY\_ x'���jJJ HENNEPIN COUNTY '! +J µy Commission Eap1,es MA,/12.136/ That part of Government Lot 2 and that part of the Southwest Quarter of the Northwest Quarter, all in Section 25, Township 116,Range22, described as follows: Commencing at the Northwest corner of said Section 25; thence South 0 degrees 28 minutes 17 seconds East, assumed bearing, along the West line of said Section 25, a distance of 485.02 feet to the point of beginning of the tract of land to be described; thence South 49degrees 34 minutes 25 seconds East, 740.86 feet; thence South 41 degrees 44 minutes 17 seconds West , 290.25 feet; thence South 25 degrees 40 minutes 35 seconds West, 306.34 feet; thence South 6 degrees 28 minutes 10 seconds West , 579.24 feet; thence South 11 degrees 07 minutes 03 seconds West, 252.21 feet to the Northerly right of way line of Co.Rd. No.1; thence North 84 degrees 09 minutes 53 seconds West,along said Northerly right of way line,110.00feet to the West line of said Section 25; thence North 0 degrees 28 minutes 17 seconds West along said West line, 1785 feet to the point of beginning. EXHIBIT A Olympic Hills Fifth Addition It \ \ ( ` _4- i r-t. .� 'Vi At\ r! \ 1 i f N \.\ II \\ i . _ \ . \ 1... i 3 \ IS I I ' ` t /, / L T•; / f°. j- - - I /! — ---- c-- � _.--- --- • j I L I ;F I; 7, r .\ f f I t. f ,_ I l- 1, ) ( t I x - t { ; 'N / - /c t ---- --- -t i.j , v-j� j g. _ 1 EXHIBIT B .. __—_ � _� 'E __J t 1 1 • •. - , i 4 • • . • • 4 1 / .... 3 . 1 .., " I . • , . ... i . --. /.1) :9, a :', • s Nt • — --- - — ---- I I 1 I z rt. OA . .t- .1, - . • ..„,1 Pil 4 J.,,• H 7 ::::''. • ',4 _ Cs.:41 1 % . 1----------- ''. \\, ', -I- ---- Ns....,....„.............,........„......... ,44,1_.1.,s_, a..1,,.: --,- ,) (_._ ::-.L--LL.s, L,..;;; E u .„'" ,,. \ ,_,',,,,,t_..5 . '00 s s s ''..k.,.:...../,'3,--.I. r.r, . ,) 4) 4..1 rr" ,1.9 -"---- . • ' Nssb 1 4.1.4.-1 r. 4 --- 3 1 .,,,,,... •• ' — '-'-'---: HP'------- ---: '; '"' ;.:.7,•'" .. ..: .-----:-.--=!-:-. ..- .N.CO Hwv:,---;--- --____L's-- - .,.... •-•,z.',- .,-,...:----77,-- L.,.„. i,;•i'L.A rizt-t—,----, • -""1— '''"- A , ,,,,,--4--- _ .,,:L---i..7:-:=.'—.:.__,v, .',",it 4). _,,.__ _______).,...7-----...,_•.L.,.,. .‘•, e.. ,-,• ,,,, .0,, . . i etd r..•d liV-e r f-rvetr4 17.tij.f,„.../ ,, .,y . ' • 's, .) •' ii .11 ..... 'Ss • •••:,...,4,. .,- ...e., '''• • • . . ' • v\•\'`Iutu'" - (.. •-...." • if-C ''' ••-..•„,:. ...,;•.:,,,,,,,,. Nsta.:.'''t,e' .• ' 4 •/"' `,',.'''' EDEN PR,411RIE ,,:. \2- •, co .,. .,, , 4„. .. ., .. „t.i, $, 4. 10/ J -, 4 v ! ... ,%>....., cL.N, ' ,' s, :.. •. 471 1 It , ,' :S;:`,/,.. ''.• .. .e. ,...... ' .... ,:17't•" 63 1 1.5‘3.‘41icaci .3..., _ . ..•:; C i2G3 (9,0) 4 ;,.,•'; ..)." _____ 6—_ it4 ,.,: ,... - . — :303M fc ofc) .2.— 7 29 28 27 26 '; ._ crF • . _ . - EXHIBIT C , , 1 1 4' • TO: Mayor and Council THRU: Roger Ulstad FROM: John Frane DATE: November 3, 1978 RE: City Bond Sale The city should sell $3,000,000 in General Obligation bonds to finance the balance of projects started in 1977, projects started in 1978 and projects which will carry over into 1979. The following is a breakdown by type of bond: Improvement Bonds (streets etc.) $500,000 Equipment Certificates (Public Safety and Public Works) 150,000 Water and Sewer Bonds (Trunks & Laterals) 2,350,000 Total Sale $3,000,000 We are recommending a bond sale date of December 5th, 1978. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-205 BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that December 5, 1978 at 6:00 P.M. he set as the date and time to receive bids on the sale of $500,000 of Improvement Bonds; $150,000 of Equipment Certificates; and $2,350,000 of G.O. Water and Sewer Bonds. ADOPTED by the City Council of the City of Eden Prairie this day of November, 1978. Plolfnann H. Penzel, Mayor Sohn D. Frane, City Clerk • SEAL • • • MEMORANDlld1 • TO: Parks, Recreation and Natural Resources Commission FROM: Bob lambert, Director of Community Services ,. i • DATE: October 12, 1978 SUBJECT: Cross Country Ski Trail Groomer and 'track Setter On Tuesday, October 10, 1978 Bill Stelten, Superintendent of Parks for Carver County, met with me to discuss rental of the cross country ski trail groomer and track setter. Mr. Stelten indicated that Carver County is leasing a groomer and track setter for their county parks and arc seeking adjacent communities to share in the cost of rental of the equipment. The equipment • includes a Bomb.i with a groomer and track setter with the rental of approx- imately $4,500 per year. Mr. Stelten's proposal was for the City of Eden • Prairie to contract with Carver County Parks Department for grooming up to 15 miles of designated cross country ski trails within Eden Prairie. The proposal included grooming of the trails, upon our request, ten times during the season for a fee of 8600. For any additional grooming the fee would be $25 per hour. Er. Stelten would bring the groomer to the City and operate the groom- for this fee. He also guaranteed the trails to he groomed the morning after any heavy snowfalls. There are four possible cross country ski trail sites within the City of Eden Prairie: • a. Bryant Lake Park - participants could leave their cars at the Eden Prairie Stables parking lot and get on the graded bike trail running adjacent to the stables that would lead them to other trails in the southern portion of the park. • b. Edenvale Coif Course - the course has allowed public skiing on the • course in the winter and I'm sure would continue to do so. c. Round Lake Park - There could be a short track or trail established around the lake. d. The City could attempt to contact Olympic Hills to request the public skiing on the course during December, January and February. If the Commission feels this would be a good expenditure of funds and wishes the staff to pursue thi. matter a decision should be made at the October 16, 197S meeting because the park staff would have to begin making trail signs and contacting the golf courses. There presently is not any money budgeted for grooming cross country ski trails; this will have to he a special request to the City Council. BL:md • Minutes - Parks Recreation £, Unapproved Oct. 16, 1978 Natural Resources Commission -3- B. Reports of Staff (con't) A. Cross County Ski Trail Groomer and Track Setter - Snowmobile Trails Lambert stated that the memo dated October 13, 1978 was self explanatory. Mr. Stelten is requesting $eoo for the season to groom 15 miles of trails ten times during the season, and 25/hr. after 10 groomings. MOTION: Krucll moved to request the Council to enter into an agreement to have groomed trails. Tangen seconded, motion carried unanimously. Krucll requested to advise the Snowmobile Trail Club tlu,t groomed trails arc off limits and this will he enforced. • • MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services {^ DATE: October 12, 1978 SUBJECT: Croup Frontier At the June 19, 1978 Parks, Recreation and Natural Resources Commission meeting I recommended that the Commission consider Camp Frontier property as a possible park site. The Connnission directed the staff to continue this item on the agenda and to come up with cost comparisons of the two sites available and development costs of the two sites. After an onsight inspection of the two sites my • recommendation is as follows: The•22 acre Camp Frontier site has 3 tennis courts (limestone) that could be used, with some minor repair, in their present condition. We would eventually put an asphalt surface on these courts. This site also has a small swimming pool and wading pool that could be used as a • neighborhood facility. There is also a ballfield, a small obstacle course, and • a small storage building. ma sit- ;as about 12 acres of open field space and 10 acres of woods. The site is located at the end of Ridge Drive and is bordered by an abandoned rrilroad bed that connects with additional parkland and a trail system. With very little cost, this could be one of the best neighborhood parks in the City. The 42 acre site contains about 20 acres of open field land and about 22 acres of woods. This site is immediately soath of the Camp Frontier site. This is also a good potential neighborhood park site, but would require considerable development to bring it up to the potential of the Camp Frontier site. I would recommend that the Parks, Recreation and Natural Resources Commission consider requesting the Council to approve staff pursuing the acquisition of the • Camp Frontier site as a neighborhood park site serving the Hidden Ponds area. • BL:md 1. Minutes - Parks Recreation $ Unapproved Oct. 16, 1978 Natural Resources Commission -4- VI. OLD BUSINESS (can't) B. Camp Frontier Lambert stated that the option on the parkland in this area of the City ran out a year ago last December. At this time, we have no park site in this area. Garens said that $6,000 per acre looked reasonable for this park site. MOTION: Tangcu moved to recommend to the City Council the possibility of this site to be purchased for park purposes. fifield seconded, motion carried unanimously. VII. NEW BUSINESS None VIII. ADJOURNMENT The meeting was adjourned at 9:00 p.m. to go into the joint meeting with the • Planning Commission to discuss the Shoreiand Management Ordinance. • MEMORANDUM TO: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services ?AA— DATE: June 14, 1978 SUBJECT: Potential Neighborhood Park Site/Hidden Ponds Area At a recent Guide Plan toeting we discussed the problem of neighborhood park acquisition. Fe talked about the problem of the timing, comparing when we • receive the CASH PARK FEE to when the payments arc due for the acquisition of the land. Fe also discussed the problem of putting the public on notice whenever we have intentions of acquiring a certain park site. Automatically the value of that property seems to increase. The Council suggested that staff try to come up with some alternative methods for obtaining land acquisition costs for proposed neighborhood park sites. As you know, we had an option on the Hidden Ponds neighborhood park site that has expired. Apparently there will be a proposal for development of that site • coming before the City Council in the near future. Li our search for an alternative neighborhood park sites to serve that area, we found that Camp Frontier which is immediately southwest of the previous site is for sale. The real estate agency listing the property provided me with the following information: Acres - 224 Price - $140,000 ($6,092 per acre) Presently unzoned - Rural No sewer and water assessments to date No specials Existing facilities: a. Three tennis courts (limestone soft courts) Courts arc 4 years old and fenced. b. 65,000 gallon swimming pool with 6" well casing for water. c. 1 small block building for equipment and pool heater, etc. d. 12 acres arc open, approximately 10 acres are wooded. We have also found that the land immediately east and south of Camp Frontier is also for sale. Information on that property is as follows: Acres - 42 Cost - $16S,000 ($4,000 per acre) Zoning - Rural No sewer and water assessments to date No specials to elate • Taxes - $2,600 per year No facilities on the property Approximately 22 acres are wooded and 20 acres open Park Site Hidden Ponds Area -2- June 14/78 We received an appraisal on the 40 acre property located just south and east of Camp Frontier Iast November. The appraised value at that time was $3,800 per acre. I realize that the arca has not generated a great deal of money in the way of CASH PARK FEE. However, I feel that we have led the people in that arca to believe that they would have a neigborhood park to serve their needs. I think the acquisition of this parcel merits some consideration. Therefore, I am taking it before the Parks, Recreation and Natural Resources Commission on Monday, June 19, 1978. BL:md • • MEMORANDUM TO: Mayor and City Council PROM: Bob Lambert, Director of Community Services DATE: November 3, 1978 SUBJECT: Mitchell Lake Park Acquisition - Miller Brothers Option On September 20, 1976, the City of Eden Prairie entered into an option agree- ment with Arthur, Fred, Harold, Norman, Anna, Elizabeth and Theresa Miller to purchase 73.68 acres for $475,000. Ernest money of $5,000 was paid on September 20, 1976 and the agreement called for $115,000 cash on December 30, 1978, the date of closing, and the $355,000 balance payable in four equal annual installments together with interest at the rate of 6% per year on the unpaid balance commencing on the 30th day of September 1979 until the 30th day of December 1982. It was also agreed upon between the two parties that the $475,000 price would be adjusted upward to include all taxes and special asseasements paid by the sellers heroin from and after those due and payable for the year 1976. This option ends at midnight December 30, 1978. In 1977 the City applied for LAWCON Grants for acquisition of this property. The final ranking ...s not high enough on this project to receive funds. In 1978 we again applied for LAIFCON Grants for acquisition of this property. This year tie project will receive funding. However, we will not know the exact amount. of funding for approximately another two weeks. The grant application was for $500,000, however projects are very rarely ever granted over $100,000. If the project is ranked high enough (int.itial ranking is 2nd) the project may also receive • State Natural Resources Funding. No matter what the amount is, we will not receive the money until 1979, therefore it is imperative that we attempt to acquire an extension on our option with the Miller's. • As soon as we find out the amount of our 1979 grant, I will submit a report • on recommended matching funds sources, At this time, I would request permission to attempt to negotiate an extension on the option with the Miller's. BL:md .� '� RIEKE CARROLL MULLER ASSOCIATES INC November 3, 1978 Carl Jullie, P.E. City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN. 55343 RE: BIDS ON IMPROVEMENT CONTRACT 51-315 SANITARY SEWER, STORM SEWER, WATERMAiN AND STREET IMPROVEMENTS LAKE TRAIL ESTATES RCM FILE 781021 Dear Mr. Jullie, Bids on the above project were taken on Thursday, November 2, 1978 at 1D:00 A.M. The low bid for the project was submitted by Nodland Associates, Inc. in the amount of $318,852.00. A summary of the nine bids is tabulated below: Nodland Associates, Inc. S318,852.00 Northern Contracting, Inc. 329,321.10 Orfei & Sons, Inc. 340,443.70 Brown & Cris, Inc. 344,644.70 C. S. McCrossan, Inc. 349,630.00 Barbarossa & Sons, Inc. 364,331.50* C. L. Contracting, Inc. 367,132.25 North Central Underground 375,823.00 Orvedahl Construction, Inc. 424,740.50 • * Mathematical error corrected. This low bid of S318,852.00 is approximately 2.W. below engineer's estimate of 5325,000, which was based on the plans and speci- fications. The low bidding contractor is reputable and has previously done work in the metropolitan area. Therefore, we recommend • award of the project to Nodland Associates, Inc. Very/truly.yours,-- v^ �.:-��/ IJ Lloyd 0.>(Erickson RIEKE CARROLL NJLLER ASSOCIATES, INC. LDE:cp CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-206 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: Impravcment Contract 51-315 bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of contract to Nodland Associates., Inc. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Nodland Associates, Inc. in the name of the City of Eden Prairie in the amount of S318,252.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on ATTEST: Wolfgang H. Penzel, Payor John D. Franc, City Clerk 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-211 RESOLUTION AUTHORIZING PERMIT APPLICATION WHEREAS, the proposed sanitary sewer in Improvement Contract 51-315 requires a connection to the Metropolitan Waste Control Conenission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan. NOW, THEREFORE, BE I1 RESOLVED by the Eden Prairie Council as follows: • The City Engineer is hereby authorized and directed • to submit an application for "Permit for Connection to or Use of Commission Facilities" to the MWCC. ADOPTED by the Eden Prairie City Council on 07-gang H. Penzel, Mayor Al TEST: John U. Franc, Clerk MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: November 3, 1978 SUBJECT: Right-of-way Acquisition Condor Property I.C. 51-315 We have found it necessary to recommend to the City Council to proceed with eminent domain for acquisition of a strip of land (27' by 367') from the Condor Corporation., in order to complete construction of W. 74th St. from Washington Ave. to the west. Unfortunately, the legal description in the last rezoning agreement with Condor covered only the westerly portion of the property because the easterly 400' was already zoned. There should have been a separate legal description covering the right-of-way dedication for the easterly 400' of W. 74th St. The acquisition cost will be approximately $10,000. It is proposed that Mr. Helle also be compensated for his right-of-way dedication at a comensurate rate. mil costs for right-of-way acquisi- tion for this project will be included in the front foot rate and assessed to the Condor and Helle properties exclusively. It is recommended that the Council adopt resolution No. 78-208 authorizing the eminent domain procedures. CJJ:kh Nov. 8, 1978 4 CITY OF EOEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-208 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEOINGS TO ACQUIRE R/W FOR W. 78TH ST., I.C. 51-319 WHEREAS, the City staff has recommended that it is necessary to acquire, through eminent domain proceedings, a strip of right-of-way from the Condor Crop. in order to finish construction of W. 74th St. under I.C. 51-319, said right-of-way being legally described as follows: The N 27 ft. of the W 367 ft. of the E. 400 ft. fo the E 775 ft. of the N 1/4 of the SE 1/4 of Sec. 12, T. 116, R 22. NOW, THEREFORE, BE IT RESOLVED that the City Attorney of the City of Eden Prairie proceed immediately with the necessary action pursuant to Chapter 117, Minnesota Statutes through power of eminent domain to condemn the necessary right-of-way for the completion of W. 74th St. as hereinabove set forth and further that the City Attorney, the City Manager and the staff of the City of Eden Prairie be authorized to take the neces- sary steps in compliance with the provisions of Section 117.042 to secure title and possession of said rig" of-way at the earliest possible date. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk November 3, 1978 • STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN le following accounts were audited and allowed as follows: )-10-78 1829 VOID OUT CHECK (3.50) )-12-78 1933 ROGER ULSTAD fleeting expenses 48.00 1934 METROPOLITAN WASTE CONTROL COMMISSION Sept. SAC charges collected 72,864.00 1935 CARL JULLIE Expenses for Public Works conference 236.00 1936 STATE OF MINFJESOTA Sept. sales tax report 2,277.78 0-13-78 1937 STATE BUILDING INSPECTOR 3rd quarter surcharge report 8,655.96 1938 FARMERS STATE BANK OF HAMEL Easement-Scenic Heights upgrading 96.00 1939 DOUGLAS & BERVERLY SCHMIDT Easement-Scenic Heights upgrading 2'41144.00 1940 THORPE DISTRIBUTING Liquor 1941 DAY DISTRIBUTING Beer. 1,723.45 1942 BEER WHOLESALERS Beer 2,874.20 1943 iEDING DISTRIBUTING Beer 1,293.75 1944 ROUILLAP.D BEVERAGE CO. Beep' 816.35 1945 COCA-COLA COMPANY Pop for Liquor store 122.55 1946 PEPSI-COLA COMF'AiJY Pop for Liquor store 131.00 1947 GOLD tILDAL BEVERAGE Pop for Liquor store 25.35 1948 ED PHILLIPS Liquor 1,386.94 1949 INTERCONTINENTAL 195.41 PACKAGING; CO. Wine 1950 TWIN CITY WINE Wine 190.4691.46 1951 EAGLE_ DISTRIBUTING Wine and Liquor 1952 QUALITY WINE Wine 553.37 1953 GRIGGS COOPER F CO. Liquor 1,005.43 • 1954 TWIN CITY WINE Wine 79.61 1955 JOHNSON WINE CO. Wine 997.83 1956 M1DWEST WINE CO. Wine 703.00 10-17-78 1957 PUBLIC EMPLOYEES Employees withheld and employers RETIREMENT ASSN. contribution 10-13 payroll 6,453.01 1958 UNITED WAY Donations withheld 27.12 1959 FEDERAL RESERVE DARK Taxes withheld 8,022.66 1960 TEAi1 ELECTRONICS Supplies-City Hall 14.54 1961 STATE OF MINNESOTA 3rd quarter F.I.C.A. report 28,947.52 10-18-78 1962 JOHNSON WINE CO. Wine 995.38 1963 NiINIIESO1A DISTILLERS Liquor 1,309.65 1964 MEDINA ELECTRIC, INC, Service-City Hall addition 1,799.09 10-19-78 1965 SEARS ROEBUCK & CO. Easement.-Scenic Heights upgrading 528.7085 87 10-20-78 196G GRIGGS COOPER f, CO, Liquor 2 85.87 1967 JOiJNSOtJ WINE CO. Wine 59.53 74.1253 1968 OLD PEORIA CO. Liquor 3 1969 PETTY CASH Reimburse fund 1,12 .97 1971 IJ 10 ?�i-78 ED 000ilTY CHIEFS S Liquor OF POLICE Crime training-Public Safety dept. 180.00 November 7, 1978 0-26-78 1972 HENNEPIN COUNTY FINANCE DIVISION Notary registration for Joyce Provo and Jean Johnson 10.00 0-27-78 1973 GRIGGS COOPER & CO Liquor 558.31 1974 JOHNSON BROTHERS Beer and Liquor 540.14 1975 QUALITY WINE Wine 337.44 1976 SUBURBAN NATIONAL BANK Bonds deducted for October 356.25 1977 STATE OF IiINNESOTA Taxes withheld in October 6,673.07 1978 PUBLIC EMPLOYEES Employees withheld and employer RETIREMENT ASSN. contribution 10-27 payroll 6,145.29 • 1979 FEDERAL RESERVE BANK Taxes withheld 7,537.10 1980 UNITED WAY Donations withheld 27.12 1981 MRPA-DONNA TILSNER Workshop registration for Lambert and 20.00 Werts I1-03-78 1982 ADVANCE AMBULANCE Training supplies-Fire dept. 6.00 1983 AKINS FIRE EQUIPMENT Safety clothing-Fire dept. 1,707.94 • 1934 ARROW APPLIANCE PARTS Equipment repair parts-City Hall 31.56 1985 AMERICAN WATER WORKS Supplies-Water dept. 248.00 1986 AMERICAN REI) CROSS Supplies-Community Services dept. 4.50 1987 JANICE ANDREASEN Refund on volleyball 12.00 1988 ASSOCIATED ASPHALT Asphalt-Street Flaint. 483.60 1989 MU WELDING CO. Equipment parts 156.43 1990 EARL ANDERSEN Signs 279.00 1991 BROWN PHOTO Services-Public Safety 21.75 1992 PAUL BROWN Football official services 127.50 . 1993 BLUMENFELD SPORT NET CO. Tennis nets-Tennis courts grant -L 500.70 1994 BLUE CROSS November insurance 362.42 1995 BAIIERY WAREHDUSE Equipment parts 24.42 1996 BATHER, RIIJGROSE, WOLSFELD JARVIS, GARDNER, INC. Engineering services-Lotus View St.imp., and Dell Road 5,272.35 1997 BRAAN ENGINEERING Services-Well Pumphouse #3, and Amco on TH169 1,299.00 1998 BRYAN AGGREGATES Rock-Street Maiint, 1,009.45 1999 LINDA CLOW Refund on exercise class 6.40 2000 CITY OF EDINA Water samples 76.00 2001 CUTLER-MAGNER CO. Lime-Water dept. 11.14 2002 CARI.SON STORE FIXTURES Repair beer cooler 2.80 2003 COPY EQUIPMENT Supplies-Engineering dept. 37.00 2004 CASH REGISTER SALES Maintenance-Liquor store 112.52 2005 CARGILL SALT Salt-Ice Control 1,047.99 2006 CROWN RUBBER STAMP CO. Rubber stamps & signs-City Hall 37.40 2007 DALCO Cleaning supplies-Fire dept. 48.35 2008 DORHOLT PRINTING Service 388.25 2009 EDEN PRAIRIE LIONS CLUB Liquor store ad 67.00 2010 EDEN PRAIRIE NEWS Employment ad-Community services dept. 8.00 2011 EDEN PRAIRIE SCHOOL Gasoline 921.76 2012 ELECTRONIC CENTER, INC. Equipment parts 27.75 2013 EDEN PRAIRIE SANITATION Sept. services 22.50 2014 ESS BROTHERS 8 SONS Castings-Scenic Heights upgrading 180.00 2015 JACK FREDRICKSON Football official 7.05 2016 FUTURE PUBLICATION Supplies-Community services dept. 34.16 2017 FRONTIER LUMBER Material 562.86 2013 GROUP HEALTH PLAN November insurance 636.75 2019 GUNNAR ELECTRIC CO. Light. bulbs-City Hall 2020 GRANT BATTERY SALES Battery 62.54 November 7, 1978 11-03-78 2021 G.T.C. AUTO PARTS Equipment parts-Park Maint. 11.39 2022 BARBARA HABERMAN Voter registration service 50.63 2023 KATHY HERt1AN Mileage-Engineering dept. 7.25 2024 HONEYWELL Maintenance-Water dept. 1,130.00 2025 HOPKINS RADIATOR SERVICE Equipment parts-Tree Disease dept. $332, City garage $18 350.45 2026 PAMIELA HENDERSON Refund outdoor adventures-Community services 3.00 2027 LANDCO EQUIPMENT, INC. Hydrylic system repairs-Tree Disease dept 1,082.68 2028 LAWSON PRODUCTS Supplies-City Garage 74.74 2029 GEORGE LILLIE Placranri instructions-Community services 84.00 2030 LOCAL GOVERNMENT INFORMATION SYSTEMS Sept. services 1,136.29 2031 LEEF BROTHERS Service , ,i 111.70 2032 MATT'S AUTO SERVICE Towing service P 25.00 2033 MINNEAPOLIS STAR Hcuse rental ad-Park dept. 19.39 2034 MIDWEST ASPHALT CORP. Asphalt-Street Maint. 3,436.14 2035 ROBERT tMARTZ November expenses 109.75 2036 MEDICAL OXYGEN Oxygen-Fire dept. 46.75 2037 METRO PRINTING Service-Voters maps 629.00 2038 MINNESOTA VALLEY ELECTRIC Service 4.25 2039 £IINNEGASCO Service 45.36 2040 NORTHERN STATES POWER Service 6.13 2041 NEW JERSEY OFFICE SUPPLY Supplies-Street dept. 27.70 2042 NORTHW00D GAS CO. Supplies-Steet Plaint. 9.41 2043 NORTHWESTERN BELL Service 926.46 2044 NORTHERN STATES POWER Ser:i:e 6,968.14 2045 KAREN OLSON Service-Community services 54.25 2046 PRAIRIE LAWN AND GARDEN Equipment parts-Park Maint. 25.18 2047 PEPSI-COLA Pop for machines 257.40 2048 POWER, INC. Batteries-Fire dept. 41.77 2049 PARK AUTO UPHOLSTERY Repair truck cushions-Park Maint. 18.00 2050 PROGRESS PUBLISHING Advertisement 185.00 2051 POWER BRAKE EQUIPMENT Equipment parts 168.35 2052 ROBERTS DRUG Supplies-Public Safety dept. 2.39 2053 R. C. PRINTING Liquor ID cards 8.00 2054 ROCKMOUNT RESEARCH Supplies-City Garage ra 190.84 2055 RIEKE-CARROLL-t1l1Ll.ER Services-Eden View I, Well Pumphouse #3, ASSOC. Swr-Wtr Trunk Round Lake area, Street Imp. Nygren Est., Norseman Pk 2nd, Cross town Ind. Park, and Franlo Rd. Swr-Wtr. 8,528.68 2056 DAVE SALENTINE Football official 26.20 2057 SPORTS WORLD Basketballs and volleyballs-Connnunity Services dept. 127.00 2058 SEARS ROEBUCK & CO. Sander-Park dept. 89.99 2059 SUBURBAN ENGINEERING Contract-Preserve Blvd. 1,311.63 2060 ST REGIS PAPER CO. Culverts-Street Maint. 631.96 2061 TALL TIMBER TREE CART" Tree removal-Tree Disease dept. 1,537.00 2062 TELEDYNE Repair services-Park lint. 28.15 2063 TWIN CITY SEED CO. Grass seed-Preserve Park 276.00 2064 TRI-STATE TREE SERVICE Truck rental-Tree Disease dept. 1,333.50 2065 ROGER 11LSTAD November expenses 100.00 2066 UNIFORMS UNLIMITED, INC. Uniforms-Public Safety and Fire dept. 194.45 2067 VAN WATERS R ROGERS Supplies-Water dept. 59.89 2068 VOHNOUTKA ROOFING Roof repairs-Public Works building 97.55 November 7, 1978 11-03-78 2069 MARK WEISS Refund on building permit 713.13 2070 DONNA WILLIAMS Refund on jazz dance class 14.00 2071 WESTERN LIFE INSURANCE November insurance 332.00 2072 WARREN, GORHAM & LAMONT Forms-Water dept. 18.50 2073 WATER AND SEWAGE WORKS Subscription Water dept. 24.00 2074 WILENSKY AUTO PARTS Equipment parts 169.25 2075 WATER PRODUCTS CO. Supplies-Water dept. 223.75 2076 XEROX CORPORATION Services and supplies-City Hall and • Fire dept. 1,357.12 2077 JERRY ZAHN Football official 110.50 2078 ZIEGLER COMPANY Tractor rental-Preserve Park project 2,337.50 2079 SATELLITE INDUSTRIES Portable restrooms 588.76 2080 SANDY WERTS Expenses 85.00 2081 ROBERT LAMBERT Sept. and Oct. expenses 200.00 2082 LANG AND PAULY Legal services 4,110.50 2083 SOUTHWEST SUBURBAN ADVERTISER Employment ad-Park Maint. dept. 3.60 2084 CHRIS ENGER October expenses 102.95 2085 CART- JULLIE October expenses 100.00 2086 BATHER, RINGROSE, WOLSFELD, JARVIS, GARDNER, INC. Engineering services-Lotus View St. Imp., and Dell Road 8,023.40 2087 CHAPIN PUBLISHING Bid ad 38.40 2088 HORDQUIST SIGN COMPANY Directory signs-Liquor store 25.00 2089 ELIZABETH JOHNSON October services 296.63 2090 BLOOMMINGTON CHR;YSLER Equipment repair 21.60 2091 ovic•E HOLTE Training conference expenses 102.86 2092 VOID CHECK 2093 HENNEPIN COUNTY Police and fire radios and teleprinters 8,616.81 2094 HENNEPIN COUNTY Prisoners room and board 144.00 2095 JACK. HACKING Expenses 22.92 2096 INSTRUMENTATION SERVICE Two radar units 116.50 2097 INTERNATIONAL ASSOC. OF ASSESSING OFFICERS Supplies-Assessing dept. 21.00 2098 INTERNATIONAL BUSINESS MACHINES CORP. Office supplies-City Hall 236.28 2099 INTERNATIONAL UNION OF OPERATING ENGINEERS November dues 143.00 2100 GEORGIA JESSEN October services 47.25 2101 KARULF HARDWARE Supplies-Fire dept. 9.41 2102 KOKESU Supplies-Community Services dept. 14.97 2103 METROPOLITAN WASTE CONTROL COMMISSION December sewer service charges 13,456.19 2104 MINNESOTA FIRE, INC. Adapters-New Fire buildings 37.74 2105 MID-CENTRAL FIRE CO. Fire equipment-New Fire buildings 2,600.00 2106 OSWALD FIRE HOSE Hose-New Fire buildings 1,701.00 2107 J. C. PENNEY Equipment repair 15.00 • 2108 XEROX CORPORATION Copy machine-Public Safety dept. 185.00 2109 PRAIRIE VILLAGE MALL November rent-Liquor store 1,770.63 2110 DEPARTMENT OF PUBLIC SAFETY Retailers ID card-Ward Dahlberg 5.00 .i 2111 JOHN CRANE October expenses 111.00 TOTAL 268,054.18 i. f