HomeMy WebLinkAboutCity Council - 11/21/1978
EDEN PRAIRIE CITY COUNCIL
JOHN FRANE
TUESDAY, NOVEMBER 21, 1978
7:30 PM, CITY HALL
COUNCIL MEMBERS:
COUNCIL STAFF:
Mayor Wolfgang Penzel, Billy Bye, Joan Meyers,
Dave Osterhoit and Sidney Pauly
City Manager Roger Ulstad; City Attorney Roger
Pauly; Planning Director Chris Enger; Finance
Director John Frane; Director of Community
Services Bob Lambert; Engineer Carl Jullie;
and Joyce Provo, Recording Secretary
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES OF THE COUNCIL MEETING HELD TUESDAY, OCTOBER 17, 1978
III. CONSENT CALENDAR
A. Set Public Hearin for Thrift-Way Stores, rezoning from Rural
& C-Highway to Commercial-Regional-Service, for December 5, 1978
IV. PUBLIC HEARINGS
Page 2679
Page 2708
Gluff's West 2nd Addition by_lectAd Development Corporation, Dr.
Mrs. Brandt and B.F.I. Request for rezoning from Rural to R1-1375
and approval of revised preliminary plat of approximately 194 units
on 97 acres (Ordinance No. 78-41 and Resolution No. 78-154)
Continued Public Hearing from October 17, 1978
V. REPORTS OF ADVISORY COMMISSIONS
VI. PETITIONS, REQUESTS & COMMUNICATIONS
A. Charlscn Estates by Lynn Charlson, reqyst to preliminary_plat 60 Page 2710
acres into 10 lots for singie family development on Rural Zoning..
Site is located west of Eden Prairie Road and east of Riley Creek
(Resolution No. 78-212)
B. Request from Suburban National Bank for an eighteen month extension Page 2738
on their agreement for their Autobank at 11401 West 78th Street
VII. ORDINANCES 8..RESOLOTIONS
A. Resolution No. 78-213, granting_preliminary approval for MIDB's for Page 2742
Eden .011s Compalil
B. Resolution No. 78-214, aulhoriziaq the Mayor and City Manager to enterPage 2752
iont a contract with Hennepin County for administering home
_ _ _ . _ _ _
improvehmit contracts
fk•
Page 2/09
Council Agenda - 2 - Tues.,November 21, 1978
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
C. Report of City Attorney
D. Report of Planning Director
1. Expiration of 4/5 Planned Study zoning of properties in
NE, SE and—gi quadrants (-07aTnance No. 77:35) -
E. Report of Director of Community Services
1. Anderson Lakes Joint Master Plan
F. Report of City Engineer
1. Approval of specifications and authorization to advertise
for bids on sewer jetting and eductor machines and rotary
mower
G. Report of Finance Director
1. Payment of Claims Nos. 2112 - 2238
2. MID8 Guidelines (ResoluLio- No. 78-215)
3. Engagement of Auditor for the 1978 Audit
IX. NEW BUSINESS
X. ADJOURNMENT.
Page 2764
Page 2786
Page 2787
Page 2792
Page 2798
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 17, 1978
7:30 PM, CITY HALL
COUNCIL MEMBERS:
Mayor Wolfgang Penzel, Billy Bye, Joan
Meyers, Dave Osterholt and Sidney Pauly
COUNCIL STAFF PRESENT:
City Manager Roger Ulstad; City Attorney
Roger Pauly; Planner Chris Enger; Engineering
Technician Marty Hanson, Finance Director
John Frane, and Joyce Provo, Recording
Secretary
INVOCATION: Councilwoman Joan Meyers
PLEDGE OF ALLEGIANCE
ROLL CALL: Meyers, Osterholt, Penzel and Pauly present; Bye absent.
I. PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 23 - OCTOBER 28, 1978 AS LEAGUE OF
WOMEN VOTERS WEEK
Mayor Penzel read Resolution No. 78-201 and proclaimed the week of Oct
o
b
e
r
2
3
-
October 28, 1978 as League of WGmen Voters Week in Eden Prairie.
Ms. Mundt was present representing the League of Women Voters.
II. PRESENTATION BY THE RILEY-PURGATORY CREEK WATERSHED DISTRICT REPRESENTED
BY
HOWARD PETERSON
Howard Peterson presented a check in the amount of $16,800 on behalf of t
h
e
Riley-Purgatory Creek Watershed District for one of the cooperative proje
c
t
s
they are involved in with the City to be used for Lake Riley Park improve
m
e
n
t
s
.
Mayor Penzel accepted the check from the Riley-Purgatory Creek Watershed
D
i
s
t
r
i
c
t
and thanked Mr. Peterson on behalf of the City Council and the citizens of
Eden Prairie.
III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was requested to be added to the agenda under the Ne
w
Business" category:
A. Brief discussion on Cable TV.
MOTION: Osterholt moved, seconded by Meyers, to approve the agenda as a
m
e
n
d
e
d
and published. Motion carried unanimously.
IV. MINUTES
A. Minutes of the Council Meeting held Tuesday, September 12, 1978
MOTION: Osterholt moved, seconded by Meyers, to continue the September 1
2
,
1
9
7
8
Council meeting minutes to November 8, 1978. Motion carried unanimously.
2L-Ig
Council Minutes - 2 - Tues.,October 17, 1978
B. Minutes of the Council Meeting held Tuesday, September 19, 1978
Pg. 2, 2nd para., 2nd line, strike "condemnation" and insert "continuation".
Pg. 4, 3rd para., 6th line, strike "bonified" and insert "bona fide".
Pg. 7, 8th para., last line, strike the 2nd "may" in the line.
Pg. 9, last para., last line, strike "morale" and insert "moral".
Pg. 10, 8th para., 3rd line, strike "liquor" and insert in lieu thereof
"community commercial"; and in the 9th para., strike the renainder of
the paragraph after "numbers" in the first line and insert "from other
cities in the retail liquor business."
Pg. 11, 5th para., insert "Roll Call Vote" in the fourth line after
"concurrence."
MOTION: Osterholt moved, seconded by Meyers, to approve the minutes as
amended and published. Motion carried unanimously.
V. CONSENT CALENDAR
A. Clerk's License List
MOTION: Pauly moved, seconded by Osterholt, to approve item A on the Consent
Calendar. Motion carried unanimously.
VI. PUBLIC HEARINGS
A. Bluff's West 2nd Addition by Hustad Development Corporation by Hustad,
Dr. & Mrs. Brandt, and B.F.I. Request for rezoning from Rural to ffi 7r3.5
and approval of revised preliminary plat of approximately 194 units on 97
acres. (Ordinance No. 78-41 and Resolution No. 78-154)
City Manager Ulstad explained this is a continued Public Hearing from
9/5/78 and the proponents are present to answer questions raised
by Council members at that time.
Dick Putnam, Hustad Development Corporation, spoke to changes that deal with
three areas the Council had concerns about. Putnam noted the Council asked
that the proponents consider locating two tot lots in the project which has
now been done, and further that in discussion with City staff there were some
criteria they felt to be fairly important for the location of those tot lots,
i.e., good street access to the tot lots and not being in a position where they
might be located adjacent to a pond. A pending area is being worked out with
Browning-Ferris Industries and it will be about 2 1/2 to 3 acres. Regarding
the use of the lower area property, after discussing this among themselves,
their marketing people and City staff, the proponents believe that what they can
do is take about 12.2 acres, excluding 4 acres for the Brandt homestead, and
use that property in any way the City would like, i.e., committing the property
to the Lower Minnesota Trail System for the State or to the Wildlife Refuge.
The proponents would like to be able to use the 12.2 acres plus the tot lot
acreage as a density transfer which they feel would be a fair way to approach
it rather than platting same into lots. The plat of 108 acres would have about
212 units, or slightly less than 2 units per acre. Of those 212 units,
approximately 26::, would be less than 13.5, and of those less than 13.5, no lots
would be less than 10,000 square feet. About half of the lots of the 56
2L410
Council Minutes - 3 - Tues.,October 17, 1978
A. Bluff's West 2nd Addition (Continued)
would be above 12,000 square feet. Putnam referred to letter from Vernon
Helman who is doing the archaeological survey.(Attached as part of minutes)
City Planner Enger explained that Director of Community Services Lambert has
been in contact with Mr. Kager of Browning-Ferris Industries over the past
few weeks, and as of today the City has received a letter (attached as part of
minutes). Luger stated the Parks, Recreation & Natural Resources Commission
met on 10/16/78 and recommended the site described in attached letter to the City
Council as a proposed park site, and that the City try and acquire this site
for no more than $4,000 per acre. Staff also feels this is an acceptable site.
Staff feels if a density trade-off is employed in the area to be left as open
space, the most expedient thing to do would be to dedicate the area to the
City and the City could then dispose of it if the City wishes. This would provid
the City with the assurance that it would be in public ownership at that time.
Staff further recommends that this site be dedicated as a preservation area
and that the recommendations of the Soil Conservation District be accomplished
prior to that dedication. The tot lots as proposed were not discussed by the
Parks, Recreation & Natural Resources Commission; however, Staff recommends
it would be more condusive to combine the 1.3 and 1.4 acre site into one
larger approximately 3 acre area in the center of the plat.
Enger also referred to the request by the proponents that they need
variances on some of the 26% or 56 lots, i.e., 5 feet on garage side,
10 feet on house side, and 15 feet for a 1 1/2 story house. Staff recommends,
in light of the density transfer and the merging of the tot lot area, side
yard setbacks over the wnole p;,.ject rather than the 56 individual lots. Also
Staff feels the tot lot area should be graded and put into shape where the City
could maintain them and possibly berming could occur on the outside periphery
of the tot lot area and the tot lot installed.
Meyers stated during the guide plan workshop sessions, there has been
discussion about estate lots. Although there has not been a consensus reached
as a working Council, it has been planned that this idea go through the
commissions and then to the public at hearings. At this time, since this
proposal is coming before the guide plan update, she would be hesitant to grant
any side yard setback variances on those estate lots along Riverview Road on a
blanket basis as this is one way the Council has currently to protect the
character of the bluffs and to prevent a wall of housing appearing on the edge
of the bluffs along the road.
Osterholt requested the Council to consider, prior to final approval, a reviewal
of the master plan for this area to see that all concerns are addressed properly.
Meyers expressed concern about buying land for parks which is undevelopable.
Osterholt commented it would be wise to send Mr. Lanbert back with an offer
to purchase only the developable land and not any water or swamp that is
located there. Penzel concurred and thought it would be wiser to bring the
park site south to abut the proposed road. Penzel further stated he would
like to include the request that the number of 26% lots size variances be
reduced dramatically.
Pauly asked staff to research if there is enough room that single family would
work south of the park.
MOTION: Osterholt moved, seconded by Meyers, to continue the Bluff's West 2nd
Addition Public Hearing to the 11/21/78 Council meeting. Motion carried
unanimously.
Council Minutes - 4 - Tues.,October 17, 1978
B. Prairie East 7th, request byjustad Development Corporation, to
rezone from Rural to RN 6.5 and preliminary plat approval. (Resolution
No. 78-106 and Ordinance No. 78-40E -Continued from October 3, 1978
Mayor Penzel referred to petition received 10/16/78, and telep
h
o
n
e
m
e
s
s
a
g
e
received from Ellen Pollock, 9959 Friar Drive, and requested
s
a
m
e
b
e
e
n
t
e
r
e
d
into the record as part of the minutes.
Penzel noted at the last City Council meeting the Council re
q
u
e
s
t
e
d
t
h
a
t
a
planting program be developed for Council and neighborhood
r
e
v
i
e
w
,
a
n
d
t
h
e
proponents were asked to provide the Council with evidence o
f
a
g
r
e
e
m
e
n
t
o
n
the part of the residents on Garrison Way particularly. Pen
z
e
l
a
s
k
e
d
i
f
t
h
e
proponents were previr ,(1 to proceed with presenting responses to those requests
made by the Council.
Dick Putnam, Hustad Development Corporation, explained af
t
e
r
t
h
e
l
a
s
t
C
i
t
y
Council meeting the proponents had a meeting on Thursday, 1
0
/
1
2
/
7
8
t
o
which the owners of the 15 lots adjacent to the 7th Addition
i
n
G
a
r
r
i
s
o
n
Way were invited. About 1/3 or 1/2 of the owners were present, and a n
u
m
b
e
r
of residents in Sherwood 1st Addition and Sherwood Estate
s
.
A
t
t
h
a
t
t
i
m
e
t
h
e
r
e
were two petitions dealing with the park, one recommending
t
o
t
h
e
C
i
t
y
C
o
u
n
c
i
l
that the residents would prefer the park be public and the
o
t
h
e
r
p
e
t
i
t
i
o
n
recommending the park to be private. Residents at this meet
i
n
g
h
a
d
a
c
h
a
n
c
e
to sign either petition. The petition was also left at the m
o
d
e
l
c
e
n
t
e
r
o
f
Windsor so other people in the area that may not have been a
b
l
e
t
o
g
e
t
t
o
t
h
e
meeting could sign either petition if they so desired. Putnam
e
x
p
r
e
s
s
e
d
h
i
s
surprise at the petition that was recieved by the Council.
John Woodland, Windsor Development Corporation, commented he
t
n
o
u
g
h
t
t
h
e
y
w
e
r
e
in accord with the homeowners last week on the setback situa
t
i
o
n
a
n
d
the specific landscaping plan as there was no voice of disco
n
t
e
n
t
.
H
e
a
l
s
o
referred to the question asked by the City Council if the prop
o
n
e
n
t
s
w
o
u
l
d
consider the park to be in public ownership with private acce
s
s
a
n
d
a
f
t
e
r
reviewing this with his lenders, Mr. Woodland was given a neg
a
t
i
v
e
r
e
s
p
o
n
s
e
.
Mr. Woodland requested the Council to continue the Prairie E
a
s
t
7
t
h
P
u
b
l
i
c
Hearing until they have a chance to respond to the petition.
Maureen Green, 9935 Friar Drive, explained three weeks ago Hu
s
t
a
d
p
r
o
m
i
s
e
d
the swale would be seeded, which has not been done. Mrs. Gr
e
e
n
i
s
n
o
w
r
e
q
u
e
s
t
i
n
g
the proponent to sod the swale as it is too late to seed.
Council directed City Manager Ulstad to keep in contact with
t
h
e
c
o
n
t
r
a
c
t
o
r
and Mr. Ostenson to make sure the swale is sodded properly.
Steve Hardy, 9885 Garrison Way, told the Council of the la
t
e
n
o
t
i
f
i
c
a
t
i
o
n
b
y
Hustad of the meeting which was held on Thursday ) as he did not receive
notice until late Wednesday that the meeting was to be held
o
n
T
h
u
r
s
d
a
y
.
Delton Johnson, 9865 Garrison Way, stated he was in City Hal
l
o
n
M
o
n
d
a
y
m
o
r
n
i
n
g
when delivering the petition and talked to someone in the Pla
n
n
i
n
g
D
e
p
a
r
t
m
e
n
t
.
Upon reviewing plans of Sherwood forest, which is now sing
l
e
f
a
m
i
l
y
,
h
e
discovered this area was originally multiple so he could not
s
e
e
w
h
y
t
h
e
proposal under discussion could not be changed to single fa
m
i
l
y
a
l
s
o
.
M
r
.
J
o
h
n
s
o
n
also asked the Planning Department if they could tell him of
a
n
y
o
t
h
e
r
t
o
w
n
h
o
u
s
e
projects where the backyards of a single family dwelling we
r
e
w
i
t
h
i
n
6
0
f
e
e
t
.
He was shown one that was in the concept stage where plans h
a
d
b
e
e
n
s
u
b
m
i
t
t
e
d
,
and there was approximately 1 house within 120 feet of the tow
n
h
o
u
s
e
a
n
d
t
h
e
rest
were all 150 to 200 feet.
Council Minutes - 5 - Tues.,October 17, 1978
B. Prairie East 7th (continued)
Frank Thomas, 9785 Garrison Way, commented on the late notification to the
residents of just 24 hours in advance of the meeting last Thursday evening,
and feels that was why there was a small turn out. He does not believe there
are any residents that can possibly live with a 50 to 60 foot setback on a
structure of that size. Mr. Thomas further stated he feels his property values
will also go down if he has a townhouse adjacent to his property line.
John . Wolcott, 9508 Garrison Way, stated he would like to see the Council .
vote "yes" or "no" on the project at this time.
MOTION: Osterholt moved, seconded by Pauly, that the application request
by Hustad Development Corporation for Prairie East 7th for rezoning from
Rural to RN 2.5 be denied on the basis that this is not the highest and
best use of this property, the development would tend to have an impact of
a negative financial effect on the single family homes surrounding it, and
that the proponents have consistently failed to perform as committed to at
the previous meetings at which this proposal was heani regarding the concerns
of the residents which were brought forth. Osterholt and Penzel voted
"aye", Meyers and Pauly voted "nay". Motion failed.
Putnam requested time for the proponents to look at the petition from the
residents in order to respond to see what can be done by the November 8th
Council meeting. He further stated the proponents will be prepared to let the
Council know if the proponents can make the changes which will be in writing by
the Friday before the Council meeting.
MOTION: Osterholt moved, secondPd by Pauly, to give the petition to the develope;
and continue the Public Hearing for Prairie East 7th to the November 8, 1978
Council meeting. Osterholt, Pauly and Meyers voted "aye", Penzel voted "nay".
Motion carried.
C. Eden Prairie Grocery, reauest by Haakon Nyhammer to rezone the existing grocery
store site of approzimately 1 acre from R1-22 to Community Commercial (Ordinance
78-2)
Haakon Nyhammer, Eden Prairie Grocery, spoke to his proposal, stating he had
distributed a petition to his neighbors which outlined what he is planning
to do. The neighbors signed the petition in favor of the project without
any one of the neighbors voicing any opposition.
City Planner Enger explained the Planning Commission recommended to the City
Council conceof approval for the proposed land use for a new building, with
no rezoning until specific plans are submitted under the guidelines of the Staff
Report dated 9/8/78.
Mr. Nyhammer explained he would like to have the rezoning rather than concept
approval, as he would not like to spend money on plans, etc., and then not be
allowed to go ahead with his proposal.
MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing and
give a 1st Reading to Ordinance No. 78-200, rezoning the existing grocery
store site of approximately 1 acre from R1-22 to Community Connercial for
the Eden Prairie Grocery Store, withholding the 2nd Reading until the City
has received a specific site plan. Motion carried unanimously.
Council Minutes - 6 - Tues.,October 17, 1978
C. Eden Prairie Grocery (continued)
MOTION: Pauly moved, seconded by Meyers, to direct Staff to draft a
developers agreement including recommendations in the Staff Report dated
9/8/78, eliminating recoumendation 1, combining recommendations 5 and 10,
and striking new in recommendation 12. Motion carried unanimously.
VII. REPORTS OF ADVISORY COMMISSIONS
No reports.
VIII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from Don Poup2rd, 6251 Beach Road, to appear before the Council
City Manager Ulstad explained that he has met with Mr. Poupard and
Mr. Poupard has requested that this item be continued to the November 8,
1978 Council meeting.
MOTION: Osterholt moved, seconded by Pauly, to continue the request
from Don Poupard to the November 8, 1978 Council meeting. Motion carried
unanimously.
B. Request to waive buildinuermit for cabin construction at Camp Indian
Chief for MARC TMinneapolis Association for Retarded Citizens)
MOTION: Osterholt moved, seconded by Meyers, to grant the request of
the Minneapolis Association for Retarded Citizens to waive the building
permit fee for cabin construction at Camp Indian Chief. Motion carried
ulatilmously.
C. Request from Robert McCollum, representing Ridgewood Condominiums
City Manager Ulstad explained Mr. McCollum, legal counsel representing
the Ridgewood Condominum residents and also a resident of Ridgewood
Condominums, has requested to appear before the Council.
Mr. McColltgn stated that two to three weeks ago there was a request to the
Board of Appeals & Adjustments by Ban Con for a variance off of a lot line at
Ridgewood Condominums. At that point in time Mr. Lynch informed the residents
of Ridgewood Condominums that at the time the Planning Commission had
originally approved the Ban Con development back in Spring of this year, they
were not aware of the existence of this property line and the problems
the Ban Con development would create for the Ridgewood residents. According
to Mr. McCollum, Mr. Lynch indicated if the Planning Commission was aware of the
existence of this problem, they probably would not have approved the develop-
ment as submitted to them. Following the Planning Commission meeting Mr.
McCollum contacted the Planning Department and was informed that the City would
not be issuing any further building permits on this property until the disputes
between Ban Con and the Ridgewood people were resolved, and this position was
reaffirmed to him a week later, and that a Planning Commission hearing would
be set. Mr. McCollum explained he received a call from Mr. Ulstad last
Wednesday indicating that the City had decided to issue a building permit,
which is a contradiction as to what the City previously told Mr. McCollum.
Therefore, Mr. McCollum stated he contacted Mr. Osterholt who felt perhaps
a review by the City Council would be appropriate. Mr. McCollum spoke to and
submitted a memorandum dated 10/17/78 (attached as part of minutes).
Council Minutes - / - lues.,Uctober 1/, 19/8
C. Request from Robert McCollum (continued)
Robert Barth, legal counsel for Ban Con Development, outlined the history
of the PUD from 1971 to 1978 as was originally proposed and developed. Mr.
Barth commented it is Ban Con's contention the easement does exist and ultimately
it should be a matter for the court to decide. The Reaistered Land Survey
and the proposed development along with the easements were filed and recorded
at the time the sales went through, and each and every deed
that was given out to the owners of these properties carries upon its face a
reference to that easement. Barth explained Ban Con is not here to insist
on a zero setback, but to request a 22 foot setback from the property line.
Barth again reiterated the sole issue is that of an easement.
City Attorney Pauly explained his approach to the problem and the view from
the City is somewhat different from both parties. This matter came to the City's
attention upon the application for a building permit by Ban Con. The materials
which were before the Council in 1974 included the Registered Land Survey
and a site plan essentially the same as the 1972 site plan, but with the
division superimposed on it. The Council simply took the action in November of
1974 of approving the division. There has been some reference made to the
representation made by Preferred Developers in 1974 with respect to the granting
of cross easement and that is documented in a letter. Mr. Pauly stated he
has found nothing in the action taken by the Council in 1974 that the action was
contingent or conditioned upon the fulfillment of any granting of cross
easements or any easements at all. The actions taken by the Council in 1972
and 1974 were not the subject of a developers agreement, and so the bare record
at the present time simply supports the position that the PhD was granted in
1970, amended in 1972 with rezoning for condominum units, and amended by virtue
of the division which was granted in 1974. The division which was granted in
1974 had superimposed upon it lot lines which indicate a 22 foot setback
at that time, reflecting a variance granted by way of the PhD in 1974. It is
on the basis of that record in his judgement that the City does not have
the position on which it can rely to deny the granting of the building permits,
and that is certainly not to prejudge in any way the respective rights with
respect to the easements for ingress and egress, utilities, etc., but Mr. Pauly
does not believe the City is in a position to make those determinations, and
those particular issues would be properly disposed of by a court. The question
of the validity of the easements is not a basis on which the City can deny a
building permit. Once that building permit is granted, however, that is not to
say that a court can't preclude the building on that property by virtue of
deciding there is no access, and then as a practical matter no one would build.
Osterholt commented there is a reference in the documents of a letter from the
developers to the City saying they would grant cross easements and asked since
Ban Con has purchased the property, would Ban Con be willing to grant the cross
easements?
Hans Hagen, Ban Con Development, replied in the affirmative as the grade
coming out of Ridgewood is not good, and he feels it would be wise to have a
cross easement in the event of an accident and you can't get a car up the hill,
there would be another access.
Rick Carter, 8940 Neill Lake Road, President of the Ridgewood Condominum
Association, stated the basic issue for him is that he purchased a condominium
along with 34 of his neighbors. It is true the easement is registered and it is
also true that the area of the easement is confusing. It does clearly state
the easement is for ingress and egress and parking for designated stalls, but
no where does that easement say he is going to lose his property rights. Accord-
Council Minutes - 8 - Tues.,October 17, 1978
C. Request from Robert McCollum (continued)
ing to the plan drawn by Ban Con they will be obliterating virtually all the
parking by putting in curb cuts, which means the Ridgewood residents no longer
have their property rights. Thus there will be only 4 to 8 remaining parking
spots for the Ridgewood residents, of which there are 35 existing parking
spots now. The original plan that was approved by this City was that those
parking spots would remain.
Meyers questioned how many garages are we talking about. City Planner Enger
responded that the existing building in Ridgewoods have in excess of 70 garages.
There were only contemplated to have one garage per unit, now they have in excess
of two garages per unit. Ban Con will come in and put in the required number
of garage spaces under our City ordinances, which will be I space per unit.
If Ban Con is not requesting the zero lot line concept any more, they can
preserve parking specifically behind those garages for their own guests and
the additional 22 feet will allow Ridgewood residents to preserve guest parking
for their own guests behind their double garages. This is quite similar to what
has been proposed in apartment projects in the City before. This entire project
has substantially more parking spaces, both enclosed and uncovered, than any
other multiple project we have in town.
Osterholt questioned why the Ridgewood condominium owners are saying they are
losing parking spaces. Enger responded they are losing some flexibility.
Right now they have 35 garages in a row and then a lane and then they have 35
uncovered spaces. Under the Ban Con proposal the 35 uncovered spaces would
become a lane. A lane behind the garages would become parking for the existing
residents guests, and the 22 foot setback would become parking for the guests
o the Ban Con residents. They have to park behind their own garages and the
parking scheme would have to he worked out.
Bob Carlson, 9601 Neill Lake Road, expressed concern at statement made about
moving the access down the street and questioned why he was not notified of this
item along with other residents in his area. Penzel replied this is not a
hearing to change the layout. This item was brought before the Council by
Mr. McCollum because he has concerns regarding the cross easement which is in
question, and the conflict that the new construction by Ban Con would cause
with the existing Ridgewood condominiums. Penzel further stated if any
consideration were going to be made to alter this project, there would be an
appropriate hearing held and abutting property owners would be notified.
Jack Higgins, 8940 Neill Lake Road, commented there is no question this plan is
being altered and there has been no public notice and no public hearing. When
the developer is through he is going to be gone and the City is going to have a
problem of two different condominium associations trying to park in front of
each others garages.
City Attorney Pauly stated there are no changes in the present proceedings.
The only change in plans that occurred was in 1974 when the property was divided,
which created a lot line which then raised the question of appropriate setbacks,
and the reduction in the number of units which was before the Planning Commission
earlier this year. Further with the reduction in the number of units, Mr.
Pauly commented it is very difficult to see how this is an adverse change in the
plan.
Council Minutes - 9 - Tues.,October 17, 1978
C. Request from Robert McCollum (continued)
Shelly Carter, 8940 Neill Lake Road, stated if this easement is in fact legal
and valid for ingress and egress, and Ban Con is talking about Ridgewood
residents being able to park in front of their garages, and Ban Con does build
and if they do have 22 foot setbacks or zero setbacks and their people park
in front of their garages, what would happen if there were a fire or a disaster.7
There would be no way for the Ridgewood residents to get out, or for any help
to get in.
Enger responded a typical parking lot would have a parking space off of both
sides of a lane. A typical dimension would be 60 feet for both parking spaces
and a lane down the center. With a 22 foot setback Ban Con and Ridgewood
would have a dimension of 64 feet, so they would have in excess of a 24
foot lane down the center which would be more than adequate.
Osterholt questioned if the City chooses not to be involved in this situation,
what remedy do the people in Ridgewood have to rectify the situation?
City Attorney Pauly responded the adjacent property owners, )f they so desire,
do have the remedy of attempting to enforce their views concerning the
easements. If those easements are indeed invalid, then a court, if requested,
would grant an injunction prohibiting the use of their land for ingress and
egress for the Ban Con project. If there are other aspects of the buildings
which do not conform with the ordinances, Mr. Pauly believes the adjoining
residents do have some basis for some private remedies in that respect.
Osterholt further questioned if the court decided there was some merit to the
R,a9ewood residents arguments, could they issue an injunction to the City
prohibiting the issuing of building permits? City Attorney Pauly responded
if the result of the findings were that there was no easement and if there
were a finding of improper setback or some other violation of the ordinances
by the City in the granting of the permits, a private landowner can enforce
and obtain injunctions based on those violations. So, in effect, while the
injunction may or may not be with respect to the City, it would certainly
be as to the project and the owner may also include the City.
Mr. McCollum stated it is his opinion that what we have is an alteration in the
original PUP, as the original PUP was contemplated as one development, now
we have two. Based upon this, he submitted this as an issue to the City Council.
Mr. McCollum feels the Council has within its jurisdiction the right to approve
and disapprove amendments and all the Ridgewood residents are asking for is
the right to have some input before the City Council as to whether or not
this project should be developed. McCollum further stated they did not have
any input at the Planning Commission level.
Mr. Higgins questioned how much a change does there have to be to constitute 3
change? Meyers responded it is her understanding that the plan we are looking
at from 1974 and the plan before the Council tonight is not the same, and that
the Planning CopAission has reviewed the proposal by Ban Con and changed it
sometime this suprocr. Uistad commented that the change is the number of units,
which has been reduced.
Meyers noted the parking is still as required by City ordinance under the RM
2.5 zoning, and the issue is the easement to it.
Osterholt questioned if Mrs. Meyers thought that change should have been
brought before the Council. ,i—,1
Council Minutes - 10 - Tues.,October 17, 1978
C. Request from Robert McCollum (continued)
Meyers responded that these kinds of changes have been handled at the
Planning Commission before when it is a site plan change with the zoning
accomplished.
Enger commented in 1972 the Council motion was predicated upon the Planning
Commission's recommendation which included the Staff Report recommendations,
which said that any changes in the proposal should be brought before the
Planning Commission for review. This is why this item was brought before
the Planning Commission in March of this year, and the Planning Commission
ruled there was not a substantial change.
Gary Lewis, 8952 Neill Lake Road, expressed concern about people parking
in front of his garages if the Ban Con development goes through as proposed.
Osterholt stated in the future when developers come in if there are any further
splits of property or any changes whatsoever, the Council is going to demand
Staff bring it before the Council and go through the process of a Public
Hearing.
McCollum requested a Public Nearing be held to give input to the City as to
whether this is a good development before any more building permits are granted.
Osterholt questioned if the developer is in a position to allow time to with-
hold building permits so a Public Nearing could be held.
Mr. Hagen, Ban Con, responded in the negative because of the fact they have
been delaed quite a bit so far and that their problem is simply one of winter
construction. They bought the property subject to getting City .pproval and
in good faith. They had no idea Ridgewood residents would object to it.
Mr. Hagen stated it is half the density than was originally planned, there
is substantially more parking than originally planned, and almost anybody
would say this is a vast improvement. Would like to be able to resolve in the
best fashion they can the parking problem between the two associations.
Mr. Hagen commented he has talked to both Mr. McCollum and Mr. Carter indicating
Ban Con's willingness to work out on a pro rata basis the cost of snow plowing
and seal coating. Nothing has been taken away, the buildings will be moving down,
there will be a fire lane, there will be more parking than originally proposed.
Osterholt requested Mayor Penzel meet with the developer and Ridgewood residents
in an effort to try and resolve this matter, and that building permits should not
be issued until that meeting has taken place.
Mr. Barth stated Ban Con would be more than happy to meet with the Ridgewood
residents but requested that the building permits not be withheld.
Penzel asked if the meetingswere held prior to November 8th, would Ban Con be
willing to wait for permits until those meetings have been held. Mr. Hagen
responded if the meetings could be held sometime this week or next, that would be
fine. Further if something can be resolved or not resolved, he would assume
he would be able to continue to construct.
MOTION: Osterholt moved, seconded by Meyers, that the Mayor meet with the 2
parties involved (Ridgemmd and Ban Con) and try to mediate the matter before
the November 8, 1978 Council meeting. Motion carried unanimously.
A;(:1;
Council Minutes - 11 - lues.,uctooer ti, !pip
MOTION: Osterholt moved, seconded by Pauly, to continue the Counci
l
m
e
e
t
i
n
g
p
a
s
t
t
h
e
1
1
:
3
0
PM scheduled adjournment time. Motion carried unanimously.
IX. ORDINANCES & RESOLUTIONS
A. 2nd Reading_of Ordinance No. 78-44, Opus II, American Family Insurance
Site. Request by Rauenhorst Corporation for rezoning from Rural to
Office for .49 acre for additional parking to serve the insurance buil
d
i
n
g
and developers agreement.
MOTION: Osterholt moved, seconded by Pauly, to approve the 2nd Readin
g
of Ordinance No. 78-44, Opus II, American Family Insurance Site. Moti
o
n
c
a
r
r
i
e
d
unanimously.
Meyers requested that item 3 of the developers agreement be reworded
i
n
t
h
e
2nd sentence entailing that any future alteration of the parking area
w
i
l
l
have to receive further approval. Council members agreed with this c
h
a
n
g
e
.
MOTION: Osterholt moved, seconded by Pauly, to approve the Developer
s
Agreement for Opus II, American Family Insurance, as amended. Motion
c
a
r
r
i
e
d
unanimously.
B. Resolution No. 78-202, supporting statement of purpose of South Hennepin
Human Services Council Task Force on Family Violence
MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No
.
7
8
-
2
0
2
,
supporting statement of purpose of South Hennepin Human Services Cou
n
c
i
l
Task Force on Family Violence. mntion carried unanimously.
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Councilwoman Pauly reported she has met with the Flying Cloud Adviso
r
y
C
o
m
m
i
s
s
i
c
i
.
which has held two meetings, and referred to letter dated 9/18/78 t
o
M
a
y
o
r
Penzel from Ray Glumack, Executive Director of the Metropolitan Air
p
o
r
t
s
C
o
m
m
i
-
ssion, talking about initiating the action for the Environmental Impa
c
t
S
t
a
t
e
-
ment for the extension of the southern runway at Flying Cloud. Pauly
n
o
t
e
d
Claude Schmidt stated at the Commission's meeting they had not receiv
e
d
a
reply to the letter and she suggested we reply to same. Pauly explai
n
e
d
t
h
e
Commission is interested in the EIS and has volunteered to do whateve
r
n
e
e
d
s
to be done to help.
Penzel encouraged the Counission members to participate in the proces
s
a
n
d
review, and indicated he had turned the letter over to Mr. Ulstad for
a
r
e
s
p
o
n
s
e
.
To be included in this letter MAC should be advised that the Flying C
l
o
u
d
Airport Advisory Commission will be working in its capacity to help t
h
e
m
formulate the EIS by reviewing same and making recommendations.
B. Report of City Manager
I. Discussion on Parking Ordinance
General discussion took place regarding the draft of the Parking Ordin
a
n
c
e
.
It was felt by Council members some of items in the draft ordinance m
a
y
b
e
included in other ordinances, and City Manager Ulstad was requested
to look into this further before the Council takes any action on a
parking ordinance. Other changes and modifications were also suggest
e
d
.
)
Louncil minutes - 1z - Ities.,October 1/, 1978
C. Report of City Attorney
No report.
D. Report of City Engineer
1. Consider bids for street improvements on Lotus View Drive,
I. C. 51-321 (Resolution No. 78-203)
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 78-203, rejecting bids for I.C. 51-321. Motion carried
unanimously.
E. Report of Finance Director
1. Payment of Claims Nos. 1783 - 1932
MOTION: Osterholt moved, seconded by Meyers, to approve Payment of
Claims Nos. 1783 - 1932. Roll Call Vote: Osterholt, Meyers and
Penzel voted "aye", Pauly "abstained". Motion carried.
XI. NEW BUSINESS
V.--B7TEraiscussion on Cable TV
City Manager Ulstad explained he will invite members of Northern Cable TV
to appear before the November 8th Council agenda.
XII. ADjOURNmENT
MOTION: Pauly moved, seconded by Meyers, to adjourn the Council meeting at
12:29 AM. Motion carried unanimously.
.2(;)0
Woodiake Sanitary Service, Inc.
A Subsidiary of
Broming4trMslaustrietim
WASTE SYSTEMS DIVISION
October 17, 1978
To: The Mayor and City Council
This letter will confirm the intent of Woodlake Sanitary Service, Inc. to
sell to the City of Eden Prairie the below described land:
That land lying along Homeward Hill Road commencing at the north
property line and traveling south 1,035 feet, then traveling
east 895 feet, then north 1,035 feet, then west 895 feet. This
area encompasses approximately 21.27 acres.
It is our understanding that the city will assume all assessments against
the above described land and the purchase price will be four thousand
dollars ($4,000.00) per acre.
Specifics of the contract have at this time not been finalized, but I am
confident that the arrangements will not present any problems.
Rodney B. Kager
General Manager
RBKipib
9813 Flying Cloud Drive / Eden Frame. Minn. 55343 / 941-5174
ARCHAEOLOGICAL & VEGETATIONAL SURVEYS & IMPACT STUDIES
VERNON R. HEINEN
r ROTHEA VOSS HELMEN
15330 LINN TERRACE
MINNETONKA, MN 55343
(012) 935-1357
October 13, 1978
Dear Mr. Putnam:
In compliance with your request for a status report of the
archaeoloi;ical survey of Bluffs 2nd Addition, my work to date
indicates that a prehistoric occupation (pcobably pre—cemaic)
exists on the bluff tops but is limited to the top 22-24 cm. of
soil. This is all in the plow zone and thus, completely churned
up and disturbed no that control excavation would not yield any
stratagraphic data. Furthermore, the features which could have
been a.punds, are now sewn to be the result of old grading of
"Riverview Road" and this can be demonstrated in the shovel test
profiles.
In C;,- vinion, at this stage of the survey, no significant
archaeolsjical features will he destroyed by the construction
of buildings, roads, ond sewers on this site. This opinion is
subject to completion of the survey.
Yours truly,
4-
g 5- .21-dAAAAlcr`-•-'
d
s--
October 12, 1i918
OCT S 1978
Members of the Eden Prairie City Council:
The undersigned residents of Garrison Forest wish to formally notify you
of their strong opposition to the his tad Town House Project that has
been proposed for the Prairie •East Addition. (7th Additon)
*MI
It is very obvious that during the planning of this development, line tad
only concerned themselves with the economics of the project and failed
to take into consideration the well-being of the surrounding residents.
Even though they have made sonic minor adjustments to the original plans,
they have failed to allow a sufficient set-back for these units and
construction of this project would have a major impact on the residents
of Garrison Forest.
Because the units are set so close to our property lines, the valued
privacy of our backyards would be jeopardized. This massive town house
project would all but destroy the esthetic value of the natural surroundings
that we now enjoy and totally appreciate. hustad has laid out this
project in such a manner that it could destroy the intrinsic value of
our single family hone
While we obviously would prefer to have this area left natural, we could
resolve ourselves to some form of development if done properly. Because
single family homes surround this area, we feel construction of single
family units is the most viable alternative. A town house project would
only he feasible if the number of units was cut back so that the project
would not infringe on the rights oi ill, surrounding residents.
We appreciate the concern the Council has shown in the past and hope our
Ideas will be given due consideration before a final decision is made.
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TELEPHONE MESSAGE RECEIVED FROM ELLEN POLLOCK, 9959 FRIAR DRIVE
WHICH SHE REQUESTED BE GIVEN TO EACH COUNCIL MEMBER.
In July Roger & Ellen Pollack, 9950 Friar Drive, appeared before
the Council and they were promised by Hustad Development that a
swale would be put in (Prairie East 2nd). As of this date nothing
has been done. Mr. Ostenson has told them it has been too wet,
yet they have been doing continual grading, etc. They are not
opposed to Prairie East 7th, but do feel Hustad should take
care of the problems which were promised to them before Prairie
East 7th is started.
0 51_1 c
We, the undersigned, citi lens of Eden Prairie, respectfully
request the City Council approve the public ownership of the proposed
park area south of Prairie Last 7th Addition.
Name Address
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The plan proposed b. the bin Con bevelop;!.ent., is ‘1 contradiction
to the basis upon which the 1974 division of the property
was approval. ;Thw, t het e .1re two developpl(1 -;ts. Now, then
are 01 will Le, two a:. .:;oe t There are reci
rights and privile,ois to tar. respective 0000e0 areas Lot
the resiilents of the 1st; sot i t raets.
To illustr.lte 'chat. o,thav, enti rely di f-erent si
here, than no contewolnte ,k1 in 1974, of ,e need only look
to the narking f aci ;:cn ter ,elated by the dove t
in 1974. If ono 1,••n.;.ie ,..•3 the devclopment plan .-a:Innitted to
the Council . in 19 ;4 by ot developers, it becoffies (jai to
obvious that the on 1.y (..iarage parking facility which micilit
have been tr.ed t ht• .1 ,?11 t*.v. cii the units alonf: the
south line of the •-sist in idie.,,00d:: park ino lot would be
the garages which are now located on the property. Certainly,
the Council would not allow these buildiliqs to no built
without access to the nara The City ordinanc.es require
a mininurn of ono ,:;atanc her hnit. Thus, the Council trust
have coatennoted that the fl -•!1:1.(.,,.1111,:. of Tract 1;, at least
in the area along the 1:roi -Katy lic klivisioa, would continue
to have access to the b01' ('0 located on Tract A.
However, in 1976, the Pank of Minneapolis
owned both 01 he tracts. Tract A was
sold to the r 5(000: ol !.n on a of
two garages Ulii ..111 of the garages on Tract
A were sold, a t.he fon, I; Lill.: exiat.inc 1 75 11.111.15
As such, no irate> 00 rort reserved for residents
of Tr ,,,t :‘,.11 ,t , 0 ,0 sit 1.. 0 ,, I tr,.• tha property
was npl , / i r ,i11! the
--esidents ',fact h i n. t -ooilit.i.es et Tfac-
A. 5e010I:ii.„• t- h • t 1.1; : con LC111', 111!
a use of the P1(1,1ev'eoCa , a let '.11 iiinner ant orl‘fir ,a ly
contii atea Pi ,' Anti 110L
C011 Litt hi' I ili 1,1 1; P' t1ie tinv
purcha:o , r le to.
Al li) Ch. I, I rst 'lat. lona I Pant: thi ,
Ii in the 15 wilts weie the laroe park 1i .11 area
which the h'.; .1ract ,10:11 -1 .•njoy. Thu:, it-. is
s Ile to say I hal jt.. not ed that ttltiriat:: ly
the. pa 1. Itt‘i li .es n the • t ng I -111117 4 lot_
wou t tih. • Ntr:11 ,1 pro:-:11 ,r1 ,•17 1 ;) r,arking
woo l' (al the Ban Cori
lie v '
Th e exis t s a subt ,t-inti,,1 ttitl question ,a; to whether
Ban Con han tn: acc-tt at al 1 ;tcrott,t; Tact. P. to
'tract cc,nt,t -tt.t. the Ii lJht o: acct‘fis and the
extent tiot I cla i mod by ison Con. if the r n I o cL had
been cont.'. to,1 as tAtdi citt cd in 1974 al th all of the
reciprocat t-t ri (Ott:. and casement:: and so orth , then
iterhaps t 1, is pt tem eta tt.. at• have Ori nen. However,
because ti e ' dove lopmcnt 1 511 ered fr -,)In what. was t:troposed,
these problcrits now eon t .rot t„. us. Tht,-- quest or is, how can
the City :-.7.anct Lon a deve or whi eh may not h:tvc suf ¶i ci et -It
access, for its acres!, which c/as evidently con-
templated in Lite Cornet 1.. ,;uch a Hod i ficat on of the
P. U. D. recoil nen City Cout;c I apitrov,i1.
Now, i t cc not contended thit the Council can or even
should decide issue!, !,aell whQt her there in accitss,
the extent iS access, lind no forth. Those 'ire issuer,
properly 11vt the: or ;II a court of law.
But what is eo;,tendett is that the basis for oriqinally
approvintt this (kw,' 'mitt:ten t i n 19 and for t nq the ; 's0 -
pc rty has hr. drar jea t creel. Under the ci r‘-.,ortiiiwtes
Council F4 v ,, ;
Ii ASide f1 -otr, t pro:, which con f *-ottta or there ar,-
cloy pi,ctica 5'. 51 h tin Con !tevelopment woud
present t o ii ilWOO.;
It .;;; oil -.lit COP. develt)Itment :n 1
.tot I rot t ion of t
par!: in't or, V -t , no.:•15 1 17 , ' y t ,1 oh ,) i 11
pi -0V 11 ,• t1:!nCi.• It iIitSLfli , P.• n-.1 ,-,"6•1001.1S
0.1.1 lit .1; I; I',it I.I 'If j :; ' •S i dC11 ..-3.he C01;
11110 d ; Lhtt
pail:int lot cottl (1 he m.tint hy hot I>partie3.
The COI .: ' 1 01 ,';11.. si II .t 4.7 !-c.itt , t 1 -CP!n."1(1,)1IS
i)ar;,:i no problem lot - i ,,it.1(tttl.tot)(1 rat ide I s. At the present
i re-; dyntt, the .; (.1 aria
wozt lit 1,0 lost las C.on a ai to bullit the
street iii ti (•(',111. 01.1i n 1 .It "..11 'LS j so due to the fact that
t;uch bee' 1.); 0,'10!1 . c q11_01i9±1 .1 t 1 '10 c,araner;
di rt...tc -t ly onto t t1c , ::it1 ,7vJooti p.-itt 1: 155 lot ent i ri long:
t he nottt.h !coo ,•1 t.v line. NiW 1,- the e.,Fterl...•nt. ists
is not an 05et , i.t is ,^onteit.plateti that
den t...; ce: 12 i dgewomin Wit lit !tot !IA,: di I t iv in f ro:it
of 111 ,, ,t ,te -, the', 1 . t ,,t (Al.thotnTh they wtrald
v , t
- I-
1.1.1c arLng :trvit v.t11,1 h ,`Ci. Moreover,
cplest park inq fot t iIs :1!-3 pract i cal matter,
nonexistant due te Litt L.,-,Pr•scians distance quor,ts would
rod to pt .-!. i.detwe the .)..10.endeti to
visit. !lat. ty , 11 ,; , SpOke ta the
at I nut that there ate uoing to
he v•it).) panr...in..1 if :s.,11
.•
• ;- c.v. :
Solety LiiFtutor tad nt“io t (i .1 part of tho inwis
for denying it,ts ion's vat i :ffloe iconet,t,
Ban (.."(-)a al.ro .1! (.` I i:71. a ri ,Iht to tie into
The resi.i.ents of 1:td ,jewoc,ds it;td no I c l..ez: this de'wo lopmeni.
was }'r use, by 'San Con. ctitclowoails lq_carrle
aware that the d...,;(•lop ,,ient rs,uht affect: the ri.9hts ol its
resit.T.o:d.s whoa it w.,:; !hat Lb, Ut cii ty companlet
11.-.1cl painted st ripes accost f:.'ne p...e.71 -..ing lot. At
that t Cr, C Itt'S n •1 , 1. 0 the iti.C1,;l:WOr3CA!-; 2'.Eii3OC3 at ion,
cantacte0 Con. 11.44 -1 IceS r.ettie
with 'izi;iqe‘..,• caret' rot Is r(..sid.Lpt 3
mi ,jht havo with 1,.•,:uoc,.: de..-loplhort. "S,..s Con at no
LIM. int(!r.dc't Lt!--,0 the
, ; I. matter, des., .11 ,plaxi.tiatel ...-
rit f‘,;;;1.! at it Lw ttwn on
sari' hi IL let Cain telativ,_. La the iii, co;-,
,tb. r.C !: f PIO; r
it cot t. k.:1 1•)1 i tt 't• 't to it Lb 'a
i; it Lb.,(': as r: t rtnsttrIp'.
th;tt. tt:Itco t oi,o dovo not to ItitiT.A..n ,i•th;
Wit !I.
ht' Lit oat r•;ILl ch.ecd th,car
het ort; n ); ;;;;;;in Aw.ea:s i.11 ,A the Plannine Cori-
11,\•c.: .1 ,7 't.11; oxi .;:toitco Oi
trepro,•.;1 -t 11 tio t in pi 74.
the e: c,Ine ,r1)!.; oi
of R; I 1”..tt. ri, J '0.•olt :.',1:b1:11t
t` .q.c n 1.,t`tAi -h ch-trite n
t.:;nt C .; I •: 1 1 or Ci nittI.riaval,
lii 's'' , I nt pa: ('ti 'Llt
1972. permittinq one development in the subject_ area, With
joint e ,.•.,nership of (-:f.d ,Imon did The
division of pir,perty in `.174 did rpit chamje Lhi in any
resp.2ct„ The ,:eii nevor bc fl an antenchuynt Lo 11:1f3
ordinance afLowin ,i two sop::1 -cl-,• ,ln d di s ti nc t- d,,ve ]o p m ,n t,
On this tract of "awl. sLIcli ,,mcncintent k:ouid require
Council .ipprovo.i. ro ,luests the 01'Tc -4:f:unity to
have input into such dec i.f.L011 -160 1 ;ing procen.
not
e i‘i-st•
)0`)
Council Minutes
March 14, 1972
Page five -
G yref,,ro,t.geveleoeie C ,ireeratie P11 2.0 Zoning. 'artcls 6 & 7.
Q 11:! i'f(!lf!ryo.) H2‘,Oropl,:d:!!0 oi ()rdi.r.:e No. 166.
A motion was made by Vrs. Meyers to adNit the ,..-.econd reading rf Ordinance
No. R. 14. Lie:, A!! v.:.t:d eye.
11. License APOTca.tirns. tist Dated March lit 1972.
Mr. Nesbitt made a motion tc approve the license applications as follows:
Garbage & Refuse Collector
G & 11 Sanitation, In. - id Gregory
Ralph Cright - Ralph Bright
Mrs. Meyers seconded. All voted aye. Motitn carried.
I. Riley-Purgatory Uaterl-ned Metrier. 1971 Annual Report.
The Manager presented the 1971 annual report for Council revicw.
• Neor . M. lter,ei. Co. Annual tudit.
The Magper pre,:i:o!ed Ihe i5;1 r ,2port l'or Council consider-
ation. It will he sch;:tiled for thn next Council work session.
K. Nine Mile elle Inntoi See..cr. Controct Changn Orders No. 3 t 4.
lime h,u.0er roviewed Nine !11. Ore, ittiiA Sanitary Sem -tr change orders
No. 3 and 4. The 7i1.1-n0e covor revi...lbn in sew ,.umi namer I ,n d
fill for a tuture cxtcro-ion of C6th Street.
A Potion was mde by Mr. 11eibitt to approve Chiinge Order No. 3 m the
amount of .:,11,b11").0'.. and Ctiange Order N9. 4 in the amount of
Mr. Rectoath seconded. On roll call, all voted aye. Motion carried.
III. FICOOMPOATTONS ri") RL'ORIS
A. Resolution l!o. 492. leti.,,ting_intent to inter Into a Joint Powers
Agrir,ment to Fr., ma Municipal Information Sy ten.
The Manager reviewed and recomocoded that the Villoge enter into a
Joint ro..!,trs r9r,7 ,N,r0 to Iona a cuo:orative amun cipa I lta processing
system with et1lor cunicipali:ies. hr. Redpath made a motion to app.
the M.7;cr"; rt::.,end.itiea. Mr. Netbitt secon:!ed. Mr. Reepc'h,
Ny.bitt Mei •rs voij McCullo(h voteJ no. Motion
carried.
XV)
• ' • • • -r ' - - • , ; _ #4, ; --P"•721- c '1 mp0,2,4n4,
; D
DEVELOIERS
CORPORATION
;A .1 12,
City , P•n
Cit
t
t ''t
3,1 1.-ir,r.3 jn 1 .331 .1
• t., ‘.3., • -.to 31,-, I a
. ; ,i:,•• 'I :hi -.Ion t1:0
" '.. • 'ill.: (1. tt:
: ; ; v.:3;13.33 1_1 -3,- 1:11.3.._:-3
• • •. • •!•‘. if• • •• n T•rar.1..
n ••••(.-•. • . :1•n • 1 , n ' • t. • 114 (Or
• :' I : 711•1 • ; • 1,•1• • • N. .1 .
I , : • .
t: ' : ; 1•:: tr ,
: n -t c '1. TIM I, 3.-)r
3;t,t t-
CiNER41. Cn'.1,1;(:RS
IAN( DiLVILUMINT
251 TYROL. WCS1T
GA Mil LF: (-A:INTER
IA !NNE.: AP 01_ I S
A r14 16
ti 1 - 5 ,1 4 - 8 4 7 3
rni
-; J '
r /42
,J)./f31 e'.1'
!.;:1
CA'MV%
AI'A : MI •
ItlArii:N114 Vi Y!:n I
J
.0.tirholt an‘I of the ri council
1:01,.-yt P.ei (- y
Carl „1. (:, En:t
cii
-.711:er , 1914
!-,teeed .•rproV.11 for
Pr ef(•t. to,1 Corpor,,t - ion •Lh; \\ I '70
Itiactowood Pro
Preferred Dove opo Corporat t apl ,rova t of -I lard clivird,n
in (11a torn of a 1:e i'...tored for tile fit at phaae of their
colultnnitiiina ac 3 Oci itthin the 1' it ve called 1:i.:(1cirwoocl.
• Totia1 en tz a and arro,-.,./t• 1,ro,-0:(:0 ,1 for Ow project- ir; as fol iota; :
Tract. A 35 tin i t.t 3.05 co. 11.; uni tiacu,
Tra,-.1.t Ii 55 u!,1.t_:- .01
13.7 1 ,n1t./....1,
Ovel-,t11 Ti — ,•t. 1 -0-. ani t e 11.1-:: ...-.
IC i ). !tor )7, 4, ; Llitt t It , i or
glt un.n .;?.. to -r. tt =11 1,n•tnt.
• •,, t n •s n hr.;t.C..t to:
1. ,1 '; 1 3 , I, .14. 7 .!t ion
c.)3/1.4111
•••
Council Ilinuton Novel:114o r 26, 197 14
HT:', (cont4d)•
C. lo .port of C.A. hi-or (Conti
2. Rd i:,t n r, d Lund Surin y of Tr.(1./11 ,1 project by
Pr., I', rro,(1 Toy.. l000rn. C ru. in 'NI,: Prs rvo
Mr. Jul ti c pron.' nt.4 (1 to Council.
• !IT Er. John Scl,nol,r1nh if' tbs.: dcvoloper
plum,: (1 to : n1.1. ths, it off portion.
11r. :IchnoTri nuid thy hot no plunis to do no of this
Moy.::rs r,inn.,1 to ,-,pprove tic d Lund Survey of
Loti; 2 :Ind 3 v 13 .loch ti on . McCulloch
r.ocon:1,..d. Motion c'rried unmi moor ly.
3. Fin -it pLit of ..;stut:in 2nd 4'.41‘1i tion, on
lot nit,r,14. n iontiul p!lt lonuted ouf11,t, of
Crock 1:oud und north of Co. loud 1, Resolution
No, cno.
provo 1Z.sol'olut So. (.1 19:•141),1c1',
II) Jot10 n . (1,111,1,4 n
p., r dr 1130 211, 21 .11,1 i ;1,
( ) r, on
c 01-41011 0
/4 . r 12. 1
i‘ T. C.
lity
1.1i It on
M c Cullonn ::;:rv, (1, to <.int
Connr
111,c ft. t ;11 t'" VO4 Ii 1 I 11-'1 02.
cu 0144 u.1 101:011.20't0
• 11' '2 -.0 I, 1: ,.;1111i d ft r, -
on On V -1••1 1 .1101.1 CA:'. hood 14 to
11-r, p 1:.1.1.1 '21 1 .c210.21. 4,0" 140 t<11
()CI! 112/y,'11 to rio:solution 10. 915 rod
d r. ct to dv ro 1011ool iii it. of tInin ucti on.
hou Ly ..,ocon(1,41. Notion cunried ununi
6. r.rt. p-tt,ion ii thc Sulowlv,.n
ltoLc:Autlwri I y, t.)-A! exocut:inn 7..nd dc.I 1V4. CV
of si JIIJ ul 1 1 410.s. inr, Sropro -
n....‘nt,I vo of t C itv i tr...1::h4;r on 1iourd
1..ho ;;;41 .,..1Irly ,n „ut Iv .
11 ,A , rj LIWV ,'d I' upprovo N. ion no. 'TLC. n 7:""),.n.`
Mr. .lu I s' 0:1 1.:1;,n Hs 4.,,pr, :0 lit MeCn I l oc h
riot ion cnrr.I.Ld iii II
%By iro 1978
ri 01.0 E. NE LsON
DONALD A. NORA!.
FREDERICK L. 1.0.50.
JAMI
WINSTON E.MoNSON
L LAT R. MOON!
CONNOR r. SC mMt0
vAL 0. 0100155
LOW F... D. SRN. N (STAN
WODODuRT
DEORDE M. A. .1 [...SON
RODER V. STADE...ND
ANDREW P. C L ARK
(RANK A. OvORAK
ROSERT D. DISVEILD
mARVIft C. tNGUER
FRANZ P. JEvNE M
DRESORT J. Pu LL ES
MARTIN V. AVOCLUT
RODENT S. LEE
JO.. U. LUNDQUIST
JANEST.S.ENSON
ERIC o.%10n 090$*
MICHAEL S. FROST
MACKALL, CROUNSE & MOORE
LAW OFFICES
1000 FIRST NATIONAL BANK 011110 NO
MINNEAPOLIS, MINNESOTA 55402
/CLEP.D.E160,,I,i34.
Tr", W..9 -004
November 14, 1978
r. NACEALL
1.UNAS P, PELMET
rinprEICEPENNO.,[0,flOW,VEM
Atxpv
MINALLIA.HuLm,,I00.4 ,4T.
ROBERT Al. CROENSE11043 -.7..
Mr. Roger Ulstad, City Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
Re: Thrift-Way, Inc.
Dear Mr. Ulstad:
This letter will confirm our telephone conference
of this date wherein I indicaL_d that the Eden Prairie Planning
Commission, at its regularly scheduled meeting held on
November 13, 1978, voted to recommend rezoning of the parcel
of land located on the north side of West 78th Street south
of Leona Road from rural to commercial-regional service.
As a result of the foregoing action, it is
respectfully requested that the Eden Prairie City Council,
at its next scheduled meeting on November 21, 1978, set a
public hearing at the earliest possible date and publish the
appropriate notice thereof.
Please advise the undersigned as to the public
hearing date.
Very truly yours,
MACKALL, CROUNSE & MOORE
By
Marlin C. Ing r
MCI:dlm
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Roger K. Ulstad, City Manager
Robert Lambert Director of Community Services RN_
November 17, 1978
Bluff's Vest 2nd - Neigborhood Park
The purpose of the memorandum is to inform the Council that the staff will
not be prepared to make a recoffrondation on the neighborhood park adjacent
to Homeward Hills at the November 21, 19i8 meeting. As indicated at the
November 8 Council meeting, BPI is presently asking $10,000 an acre for
the 12 acre site. At the November 8 meeting, the Council approved getting
an appraisal on the 12 acre site. I have contacted Mr. John Janski and
provided him with the necessary information. He has assured me that we will
have a report of the completed appraisal prior to the 29th of November. This
will give me an opportunity to attempt to negotiate a reasonable price on the
parkland with BF1 prior to the December 5, 1978 Council meeting.
will have a status report of the negotiations at the December 5 Council
meeting, however I am not optimistic about having the final price on the
park determined by that meeting.
BE:md
\q1 (
0
October 24, 1978
Mr. Roger Ulstad
City Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Dear Roger -
The City Planning Commission approved my proposed
sub-division of the 63 acres at the October 23, 1978 meeting.
This letter is to request that the Council set a
public hearing regarding this proposed sub-division at the
earliest convenience.
Sincerely,
LLC:rd4
cc: Richard 41. Sathre P.E.
McCombs-Knutson Associates, Inc.
12805 Olson Memorial Highway
Minneapolis, Minnesota 55441
CITY OF bbtb MAI4IE
HENNPIN MI::DESOTA
RSSOLUTION NO. 78-212
RESOLUTION APFEOVING THE
FRELIMINARY PLAT OF
CHARLSON ESTATES
BE 1? RESOLV-D by the Eden Praiiie City Council as follows:
That the preliminary plat of Charlsep EstAte5
, dated September 19 'PI a o 0 71, of
which is attached hereto zod aTonded as follows:
is found to be in conformaoce with the provisions of
the Eden Prairie Ecning and Flatting ordinances and
.-c_adments thereto and is herein approved.
ADOPTED by the Eden Prairio City Council on
Wolfgang B. Fenzel, Mayor
AT?EST: SEAL
John D. Franc, Clcrk
0.1.000 40 10 0 00 10:1 600 ; . ! • : ••n-, -0 OTLOT 1.• i.1‘. V 9 A / ' • r/ / /I •n• • • =T:7.r... • 3 1 \ -/ • '',----- • f. •• _ •. •- • \ • • ..v.„ t- '\ •,* \\ • • - . ee ••• (-2 • , „) „ ) „ I 7... . ..... ;II \ • • • • --. \/41.", • n . 2 , ,,•.• _• \,\1 r• < \ c , \.„•.?„. - ' NOT •nn L..• • 00 *Wei f•••••n 11Cal01.4, -.--.. PR 00,34.0 ...A I in.0000/00 07.00 04004 inrcoeux.a. I-V14.1 cuoatt.bOta _atm _6&" 2.1.1,4 I NARY R PC.1.164 DAPLA.Ai 4A-IARLb 01,1 QbTA:r
1978 Draft Guide Plan
' 7 ,
,nn •,11 1 (•-• I -.I 47'Y
,UMMAN -Th -
undesignated area
'low density resi
dential'
7*!, • • • M.U.S.A lir
1968. Guide Plan
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
PROJECT:
APPLICANT:
LOCATION:
REQUEST:
Planning Commission
Jean Johnson, Planning Assistant
Chris Enger, Planning Director
October 16, 1978
Charlson Estates
Lynn Chari son
Southwestern Eden Prairie, West of Eden
P
r
a
i
r
i
e
R
o
a
d
and East of Riley Creek
1. Platting of 60 acres into ten five+acre
l
o
t
s
for single family detached houses.
2. Approval of Environmental Assessment Wor
k
s
h
e
e
t
BACKGROUND/LAND USE
Guide Plan
This site is depicted as single fara"L d
e
t
a
c
h
e
d
i
n
t
h
e
1
9
6
8
G
u
i
d
e
P
l
a
n
.
The draft 1978 Guide Plan depicts this s
i
t
e
a
s
R
u
r
a
l
l
o
w
d
e
n
s
i
t
y
r
e
s
i
d
e
n
t
i
a
l
outside of the Metropolitan Urban Servic
e
A
r
e
a
,
(
M
U
S
A
)
.
Staff Report-Charlson Estates -2- Oct. 16, 1978
Zoning
The site has been zoned Rural since the adoption of Ordinance 135 in
1969. No previous Planned Unit Developments or zoning requests have
been submitted.
Location Map
J.LAk.E.
EXISTING SITE CHARACTER
The southwestern , corner of Eden Prairie. where the cuhiect property is Incatad
is characterized by scattered sinqle family development (1-40 +acre) with -
private water and sewer systems. The soils of the area are condusive to
private systems on large lots.
Toe topography is gently rolling at a high elevation of approximately 900',
with a long steep slope to Riley Creek at elevation 810. The entire slope
area is wooded, and heavy tree growth exists on either side of Riley Creek.
The only existing structure is an old farm out-building located in the
proposed access alignment.
ORDINANCE 135 RFE!UIREMENTS
Requirements for Rural District are as follows:
Minimum lot size
5 acres
minimum depth of lot
300 feet
minimum width of lot
300 feet
Staff Report-Charlson Estates
Minimum setbacks
front
rear
sides
-3- Oct. 16, 1978
50 feet
50 feet
50:150 feet
The Charlson Estates preliminary plat meets these requirem
e
n
t
s
w
i
t
h
t
h
e
exception of lot 4, Hock 1 which has a frontage of 290
f
e
e
t
.
T
h
e
a
d
j
a
c
e
n
t
lot, lot 3, has 355 feet of frontage so realignment of the
c
o
m
m
o
n
s
i
d
e
y
a
r
d
should be accomplished in the final plat to give lot 4 a m
i
n
i
m
u
m
w
i
d
t
h
o
f
300 feet.
SITE PLAN
Grading
With the density of 1 home/5+ acres, the 60 acre site will r
e
q
u
i
r
e
m
i
n
i
m
u
m
grading, that being grading for drives, homes, and perhap
s
b
a
r
n
s
o
r
o
u
t
buildings for horses, etc.
The size of the sites and low percentage of impervious su
r
f
a
c
e
,
w
i
l
l
a
l
l
o
w
the lots to efficiently handle drainage of water, only if
v
e
g
e
t
a
t
i
o
n
i
s
n
o
t
removed. Erosion and hazardous run-off into Riley Creek could occ
u
r
(especially with lots 1-4, block 1) if livestock denudes
t
h
e
s
l
o
p
e
s
t
h
e
r
e
b
y
allm.ag fast run-off of sediments and wastes into the c
r
e
e
k
.
i
l
i
e
s
t
a
f
f
w
o
u
l
d
suggest the Watershed District recommend means of contr
o
l
l
i
n
g
s
u
c
h
o
c
c
u
r
e
n
c
e
s
.
Creating a scenic easement, proh;biting building of struc
t
u
r
e
s
,
i
n
c
l
u
d
i
n
g
fences 300 on either side of the creek could help allev
i
a
t
e
t
h
i
s
.
S
i
m
i
l
a
r
scenic easements have been obtained along slopes of Purg
a
t
o
r
y
C
r
e
e
k
i
n
t
h
e
Creekside Mat in Edenvale, and Yorkshire Point by Hustad
s
.
The 10 large single family lots are served by a 60 foot RO
W
s
t
r
e
e
t
w
h
i
c
h
accesses to Eden Prairie Road. This street Jogs oast/we
s
t
t
h
r
o
u
g
h
t
h
e
property and terminates in the southwest corner of the 6
0
a
c
r
e
p
i
e
c
e
o
n
either side of the joint property lines of Turnbull and
D
o
u
g
l
a
s
.
T
h
e
s
t
r
e
e
t
would be a rural section, 28 foot wide, bituminous surface;
w
h
i
c
h
w
o
u
l
d
b
e
constructed as an urban section with curb and gutter as
u
t
i
l
i
t
i
e
s
c
o
m
e
i
n
t
o
the area. The time frame for sewer and water in the are
a
i
s
n
o
t
e
x
p
e
c
t
e
d
until after 1990.
The staff would suggest lot 4, block 2, access to the cen
t
r
a
l
s
t
r
e
e
t
a
n
d
n
o
t
onto Eden Prairie Road. Edon Prairie Road was surfaced w
i
t
h
r
e
c
y
c
l
e
d
a
s
p
h
a
l
t
two years ago; it is in fair condition, and will not be ad
v
e
r
s
e
l
y
a
f
f
e
c
t
e
d
by approximately 80 additional trips per day.
Environmental Assessment Worksheet
The project is required to have an EAR because it is a residential development
of 40 or more acres any part of which is a shoreland. Sh
o
r
e
l
a
n
d
i
s
3
0
0
f
e
e
t
either side of Riley Creek, approximately IS acres of the
6
0
a
c
r
e
s
,
a
f
f
e
c
t
i
n
g
lots 1-4, block 1.
Staff Report-Charlson Estates -4- October 16, 1978
AIRPORT ZONE
The extreme eastern approximate 15 acres of the plat is within the C
Zone of the Airport, prohibiting operation of radio, electronic facilities,
or lights which would interfere with airplane mobility and communications.
CASH PARK FEE
As building permits are received for the 10 homes, a payment of 5275/home
will be required. Payment of the cash park fee at this time does not preclude
additional payments when and if the 5+ acre tracts are subdivided. Staff
would also recommend either a trail easement for public use to occur 100'
on either side of center line of Riley Creek, or dedication of this land
for future trail purposes.
FUTURE PLATTING
In order to assure a smooth transition to smaller lot sizes when sewer
and water becomes available, the staff requested a re-subdivision plan.
The future lot division proposed appears to meet the requirements of
Ordinance 135 as to the R1-22 District. Platting of one or more of the
5+ acre lots could occur when sewer and water are available to the site.
Future platting of this area will be subject to City review and approval
according to ordinances in effect - .lien the platting is proposed.
Included with the resubdivision plan is a proposed street system to
serve the R1-22 lots and to provide access to Norberg's 40 acre piece
to the South over a 33 foot strip owned by Mr. Sohm of Minneapolis.
Just as the future subdividing of thc.property is skematic at this time,
so are the future street patterns to serve the lots. The staff would
expect landowners to work with the City in the future to insure no
pieces are landlocked when subdividing of the 5+acre tracts occur.
;Hi, •
Staff Report-Charlson Estates -5- October 16, 1978
RECOMMENDATIONS
Recommend approval of the preliminary plat of Charlson Estates dated
Sept. 19, 1978 subject to the following items:
1. The width of lot 4, block 1, be increased to a minimum of 300
feet.
2. Applicant shall install all necessary means for erosion control
as recommended by the Riley/Purgatory Watershed District and
receive necessary permits.
3. Final plat shall depict a 300 foot scenic easement on either
side of Riley Creek prohibiting building of structures within the
easement. Owner shall also depict a 100' trail easement or
dedication on either side of Riley Creek.
4. Lot 4, block 2, shall access to the central street and not onto
Eden Prairie Road.
5. Owner shall agree that future platting of the 5+ acre lots within
the 60 acre Charlson Estates shall be similar to the plan proposed,
9-19-78, and shall meet all city ordinances and be subjPct to city
staff and commission review prior to City Council action. Owner
should also agree to pass this stipulation on to the buyers
of the lots, so that there will not be objections between
property owners if one neighbor wishes to split his lot up
at the time of sewer and water.
6. Each lot (10) shall be subject to payment of the cash park
fee, $275 at time of building permit issuance. Each additional
lot will be subject to a cash park fee in the future.
Recommend the Environmental Assessment Worksheet be recommended for
approval to the City Council as no significant environmental impact.
JJ:ds
ALL MEMBERS PRESENT
approved '
P1annifig Comnission Minutes
- 6 -
October 23, 1978 .
D. Charlsonfstates, by Lynn Charlson, request to preliminary pl
a
t
6
0
acres into 10 lots ior single family di!velepw ,nt on Rural 7onina.
Site is located west of tden Prairie Road and east of Riley C
r
e
e
k
.
A Public Hearing.
Mr. Rick Sathre, McCombs, Knutson Associates, Inc., briefly ou
t
l
i
n
e
d
the proposal, explaining that their intention t.,.as to develop
t
h
e
p
r
o
-
perty and protect the Creek valley by building homes on top o
f
the
approved '
Planning Crxmission r.inutes -7 - October ?3, 1973
ALL MEMBERS PRESENT
D. Charlson Estetes,. . . .A Public Hearing, (cont'd)
valley, rather than on the slope.
Thy City Plannor, referring to the requirement for an Environmental
Assessm:lit Work! [vet, wjlcd that the six recommendations of the
staff report of 0i :toter loth k- oddrcsm ,d, and that the road be a
rural section street with ditches. He explained that the proposal
provided for l o ne oofarried land that «add he subdivided in the future
when sewer and watia -terse available.
Mr. Glen Sable, Hiddan Valley Ranch, MO trien Prairie Rd., said
the proposed dyvelimment. would almost eliminate their business.
He explaincd they have tcaen in existence for 15 years and that they
use the land fur riding trails, and subdividing of the lots would
eliminate the spirit of Eden Prairie as a "horse riding" community
and that it would harm the environment, leferring to a large herd of
deer living in the area. He rerniested a provision for a trail plan,
or time to look elsewhere to move his business.
Beaman asked rcliettier they were under a lease arrangement. Sable
responded thew- sirs a verbal yearly lease. • . He added
that they La%o si.:de an offer to laiy some of the land but were refused
because of re-payment time.
Mr. Frank, representing Charlson 1st ale',, acknowledged the lease, and
explained that building would not take place until the following
Spring.
Bearman felt that the Stiles should have some consideration for a
reasonably time frame to move their business.
Sundstrom asked v.dithor the deer lid should be part of the [AD.
The Planner felt it should, but that fits propdsal is 10 lots on 62 acres,
with a regiic!,ted 300' scenic ed ,,e;:lent on each site of Riley Creek,
and that he did rot, feel this would have an adverse impact on the deer.
Mr. Doan fdstrom, 10133 Eden Prairie Rd., asked for the status of
the "estate concept" according to the Guide Plan. The Planner ex-
plained that the Planning staff will be recoaalending five acres in non-agric
t.tiral areas outside of the nm.S.A. line.
Existrom inquired further about any provisions for recreation in this
area. The Planeer responded that the City has been approached re-
garding the sale of land abutting Riley Creek, but the City is not
at the point of acquiring land,all.hough it is part of the system propose.
Pe added the propoxal will by teviewyd by the Parks, Recreation and Hatural
Resources Commission at the appropriate time.
;Hit)
approved
Planning Commission Minutes - 8 - October 23, 1978
D. Charlson Estates. . . hearing (cont'd)
MOTION Cl: Beaman moved to close Public Hearing on the Charlson
Estates, seconded by Lynch. Motion carried unanimously.
MOTION f2: Beaman moved to reconnnend approval to the City Council
of the preliminary plat of Charlson Estates subject to the staff
report of October 16, 1978, with the addition that some special
consideration by the proponent he made for an acceptable time
frame for the Hidden Valley Riding Stable to make the transition.
Retterath seconded, Motion carried unanimously.
MOTION #3: Beaman moved to recommend to the City Council approval
of Charlson Estates Environmental Assessment Worksheet, with an
amendment to the EAU to add the existence of the deer herd.
Retterath seconded. Motion carried unanimously.
V. PETITIONS AND REQUESTS - None.
VI. OLD BUSINESS - None.
VII. NEW BUSINESS - None.
VIII. PEANR'S REPORT
Enger reported that the Guide Plan update should be completed week
and would then go to the Council and then to the Commissions.. He explained
that he would summarize the major changes for the Cohmission review.
IX. ADJOURNMENT
MOTION: Redpath moved to adjourn at 10:55 PM, seconded by Retterath.
Motion carried unanimously.
Nov: 6, 1978 Minutes - Parks, Recreation & Unapproved
Natuial Resources CoEmiiion -3-
6 members present, Fifield absent
the effect of .uture development on the balance of the lake's
water level.
Lambert suggested that the City Engineering Department could help,
or the Col.:!iission could request a report from the Nine-Mile Creek
Watershed District. Kruell also suggested we determine what effect
underground pumping into Neill Lake has on Anderson Lakes.
R. Anderson turned the chair over to Garens.
MOTION: R. Anderson noved to request a report from the Watershed
District on the water level of Anderson Lakes, including the effects
of both drE:ino and diversion; also to determine the affect under-
ground puwping to Neill Lake might have on Anderson Lakes' low
water level. Garens seconded, and the motion carried unanimously.
R. Anderson reassumed the chair.
b. Charlston Estates
Eddie Frank cane to the meeting to discuss the proposed Charlston
Estates development near Riley Creek.
Kruell asked if there could be road access to the area being dedi-
cated to the City (al ono lhe Creek). Frank replied that the ravine
along the Creek bed is too signficant to allow this type of access.
Lan4wrt suggr!,:,ted that the area could he utilized as a picnic or
resting point for someone using the trail along the Creek.
Kruell questioned whether approval for 10 lots would automatically
approve future subdivision. failbert said that the initial approval
would only apply to the 10 lots and any further subdivision would
require futuro approval.
00110N: Tangen roved to approve the staff recommendation from the
memorandum of November 3, 1978, on Cranston Estates. Garens seconded,
and the motion carried unanimously.
2. Tot Lots
a. Centex and Bluffs West
This was an information item showlng the location of a possible tot-
lot in the Centex proposal and 2 tot -lots in the Bluffs West 2nd Addi-
tion.
Carens asked about the cost of maintenance and how to make the Council
aware of these costs.
MOlION: Tawien wved that since neither tot-lot was requested by the
Ciwwission, the Council should be advised that the Commission qui.stions
the neces s ity of tot-lots in developments such as Centex and Bluffs
West. D. Anderson seconded, and the motion carried unanimously.
Draft 10-12-78
Revised 10-23-78
MINNESOTAIENVIRONMENTAL QUALITY COUNCIL
ENVIRONMENTAL ASSESSMENT WORKSHEET (E)\W)
AND NCTICE OF FINDINGS
DO NOT WRITE IN THIS SPACE
E.R.
NOTE: The purpose of the Environmental Assessment Worksheet (EAW) is to provide
information on a project so that one can assess rapidly whether or not the
project requires an Environmental Impact Statement. Attach additional
pages, charts, maps, etc, as needed to answer these questions. Your
answers should be as specific as possible. Indicate which answers are
estimated.
I. SUMMARY
A. ACTIVITY FINDING BY RESPONSIBLE AGENCY (PERSON)
X Negative Declaration (No EIS)
EIS Preparation Notice (EIS Required)
B. ACTIVITY IDENTIFICATION
1. Project name or title CHARLSON ESTATES
2. Project proposer(S) Lynn L. Charlson
Address
P.O. Box 299, Excelsior, Minnesota 55331
Telephone Number and Area Code ( 612) 474-4173
3. Responsible Agency or Person City of Eden Prairie
Address
8950 Eden Prairie Road Eden Prairie, Minn. 55344
Person in Responsible Agency (Person) to contact for further information
on this SAW: Chris Enger Telephone 612-941-2262
4. This SAW and other supporting documentation are available for public in-
spection and/or copying at: Location Eden Puirip
Telephone 612-941-2a2 Hours 8-4130wcekdays
5. Reason for EAW Preparation
Mandatory Category -cite LiPetition LJOther
MEQC Rule number(s) MEQC 24 (cc)
(residential development of 40 or more acres any part of which within Shorcland)
ACTIVITY DESCRIPTION SUMMARY
1. Project location
County HeRnepinCity/Township name EdeR Prairie
Township number 116 (North), Range Number22._East ore)(circle one),
Section number(s) 29 Street address (if in city) or legal description:
C.
a. Rural vacant 63 acres
Shore land
Floodplain
i. Cropland/Pasture land
acres
1 acres
20 acres
b. Urban vacant 0 acres 9-
c. Rural developed 0 acres h.
2. Type and &cove of proposed project: 60 acre residential development, private
sewer and water, all lots have gross areas of at least 5 acres. Ten lots
proposed.
3. Estimated starting date (month/year) May , 1979
4. Estimated completion date (month/year) GraTg and street construction
August,1979, home construction December, P'1.
5. Estimated construction cost Development $73,000 Homes $1,000,000
6. List any federal funding involved and known permits or approvals needed
from each unit of government and status of each:
Unit of Government Name or Type of Permit/Approval Status
(federal, state, or Federal Funding
regional, local)
City of Eden Prairie preliminary and final plat
pending
Riley Purgatory Wate grading and storm drainage pending
shed District approval and permit
7. If federal permits, funding or approvals are involved, will a federal EIS
lie prepared under the National Environmental Policy Act? NO YES X UNKNOWN .
II. ACTIVITY DESCRIPTION
A. IncluC_ ".e following maps or drawings:
1. .A map showing the regional location of the project.
2. An original EA x 11 section of a U.S.G.S. 7 ), minute, 1:24,000 scale map
with the activity or project area boundaries and site layout delineated.
Indicate quadrangle sheet name. (Original U.S.G.S. sheet must be main-
tained by Responsible Agency; legible copies may be supplied to other
SAW distribution points.)
3. A sketch map of the site showing location of structures and including
significant natural features (water bodies, roads, etc).
4. Current photos of the site must be maintained by the Responsible Agency.
Photos need not be sent to other distribution points.
B. Present land use.
1. Briefly describe the present use of the site and lands adjacent to the site.
Approximately 30 acres (easterly portion) of the site is currently being farmed.
The remainder of the site is heavily wooded, there are trails throughout the
property which are used for horseback riding and hayrack rides.
2. Indicate the approximate acreages of the site that are:
a. Urban developed 0 acres f. Wetlands (Type III, IV, V) 0 acres
e. Designated Recre- 0 acres j. Forested 34 acres
ation/Open Space
(areas-are both shoreland and forested)
- 2 -
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MINNESOTA
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i
I
3. List names and sizes of lakes, rivers and streams o
n
o
r
n
e
a
r
t
h
e
s
i
t
e
,
particularly lakes within 1000 feet and rivers and s
t
r
e
a
m
s
w
i
t
h
i
n
300 feet.
Riley Creek meanders through the northwest corner of
t
h
e
s
i
t
e
.
A
s
c
e
n
i
c
One hundred(100)feet either side of the creek will be
d
e
d
i
c
a
t
e
d
a
s
open space and a scenic easement enforced within 300f
e
e
t
e
i
t
h
e
r
s
i
d
e
of the creek. The open space/scenic easement area wi
l
l
p
r
o
v
i
d
e
f
o
r
a
deer corridor and future pedestrian trail.
The Minnesota River is approximately 900 feet from th
e
s
i
t
e
.
C. Activity Description
I. Describe the proposed activity, including staging of de
v
e
l
o
p
m
e
n
t
(
i
f
a
n
y
)
,
operational characteristics, and major types of equipme
n
t
a
n
d
/
o
r
p
r
o
-
cesses to be used. Include data that would indicate the magnitude of
the proposed activity (e.g. rate of production, number
o
f
c
u
s
t
o
m
e
r
s
,
t
o
n
s
of raw materials, etc).
The proposed development is to be constructed in accordan
c
e
w
i
t
h
C
i
t
y
s
t
a
n
d
a
r
d
s
for land subdivision. The ten lots will be served by p
u
b
l
i
c
r
o
a
d
w
a
y
s
w
i
t
h
bituminious surfacing, constructed in a rural manner w
i
t
h
d
i
t
c
h
e
s
.
2. Fill in the following where applicable:
a. Total project area
or
Length
632 acres g. Size of marina and access
channel (water area)
NA miles h. Vehicular traffic trips
generated per day
NA sq. ft.
80_ ADT
b. Number of housing or
recreational units in i. Number of employees
c. Height cf structures in f' j. Water supply needed
scurce:_private well t
4 000gal/da
d. Number of parking
spaces NA k. Solid waste requiring
disposal 28 tons/yr
e. Paunt of dredging NA Cu. yd. (private treatment systems)
1. Commercial, retail or
f. Liquid wastes requir- industrial floor space NA sq. ft.
ing treatment 4 000gal/da
III. ASSESSMENT OF POTENTIAL ENVIRONMENTAL IMPACT
A. SOILS AND TOPOGRAPHY
1. Will the project be built in an area with slopes curr
e
n
t
l
y
exceeding 12%7
No J(...yes
2. Are there other geologically unstable areas involved in
t
h
e
p
r
o
j
e
c
t
,
such as fault zones, shrink-swell soils, peatlands, or
s
i
n
k
h
o
l
e
s
?
NO x__yES
3. If yes on 1 or 2, describe slope conditions or unstable
a
r
e
a
a
n
d
a
n
y
measures to be used to reduce potential adverse impacts
.
Where possible slopes will be left undisturbed so natu
r
a
l
g
r
o
w
t
h
r
e
d
u
c
e
s
a
d
v
e
r
s
e
impacts. A scenic easement will be enforced along the
8
6
0
c
o
n
t
o
u
r
p
r
o
h
i
b
i
t
i
n
g
building of structures. An erosion control plan must
b
e
s
u
b
m
i
t
t
e
d
t
o
t
h
e
Riley Purgatory Creek Watershed District for review an
d
a
p
p
r
o
v
a
l
.
- 3 -
4. Indicate suitability of site soils for foundations, in
d
i
v
i
d
u
a
l
s
e
p
t
i
c
Systems, and ditching, if these are included
i
n
t
h
e
p
r
o
j
e
c
t
.
Soils found
in the site ha4;moderate to escessive drainage
q
u
a
l
i
t
y
,
w
a
t
e
r
t
a
b
l
e
i
n
e
x
c
e
s
s
of 10 feet, good bearing capacity , low shrink/swell
p
o
t
e
n
t
i
a
l
.
S. Estimate the total amount of grading and fi
l
l
i
n
g
w
h
i
c
h
w
i
l
l
be done:
40,000 cu. yd. grading 40,02.0cu. yd. filling
What percent of the site will be so altered? 10 t
6. What will be the maximum finished slopes?
20-25 %
7. what steps will be taken to minimize soil erosion d
u
r
i
n
g
a
n
d
after construction?
Following home construction disturbed lot areas
w
i
l
l
b
e
r
e
v
e
g
e
t
a
t
e
d
.
R
o
a
d
d
i
t
c
h
e
s
and slopes will be seeded following road constru
c
t
i
o
n
.
A
l
l
s
o
i
l
e
r
o
s
i
o
n
c
o
n
t
r
o
l
techniques will be subject to Riley/Purgatory Cr
e
e
k
W
a
t
e
r
s
h
e
d
D
i
s
t
r
i
c
t
r
e
v
i
e
w
and recommendations.
B. VEGETATION
1. Approximately what percent of the site is in e
a
c
h
o
f
t
h
e
f
o
l
l
o
w
i
n
g
vegetative types:
Woodland
5. Cropland! 35 %
Pasture
Brush or shrubs
Marsh 5.
Grass or herbaceous
5. Other 5.
(Specify)
2. How many acres of forest or woodland will be cleared, if any? 1_,acres
3. Are there any rare or endangered plant species or
a
r
e
a
s
o
f
u
n
i
q
u
e
botanical or biological significance on the sit
e
?
(
S
e
e
D
N
B
p
u
b
l
i
c
a
t
i
o
n
The Uncommon Ones.) • X NO YES
If yes, 11E—UFaT-:Tpecies or area and indicate any measures to b
e
u
s
e
d
to reduce potential adverse impact.
C. FISH AND WILDLIFE
1. Axe there any designated federal, state or loc
a
l
w
i
l
d
l
i
f
e
o
r
f
i
s
h
m
a
n
a
g
e
-
ment areas or sanctuaries near or adjacent to
t
h
e
s
i
t
e
?
X NO YES
2. Are there any known rare or endangered species of
f
i
s
h
a
n
d
wildlife
on or near the site? (See UNE publication The Unc
o
m
m
o
n
X NO YES
Ones.)
3. Will the project alter or eliminate wildlife or fish NO X %Ts
habitat?
4. If yes on any of questions 1-3, list the area, spe
c
i
e
s
o
r
h
a
b
i
t
a
t
,
a
n
d
indicate any measures to be used to reduce potential adverse
i
m
p
a
c
t
o
n
them.
Although the creation of 5+ acre homesites will
a
l
l
o
w
c
o
h
a
b
i
t
a
t
i
o
n
o
f
t
h
e
site by many animal species; some species will
a
p
p
e
a
r
l
e
s
s
o
f
t
e
n
.
T
h
e
c
r
e
e
k
valley will be left in its existing state with existeg
h
a
b
i
t
a
t
r
e
t
a
i
n
e
d
.
2. )2 G)
- 4 -
D. HYDROLOGY 4 •
1. Will the project include any of the following:
If yes, describe type of work and mitigative measures
to reduce adverse impacts
a. Drainage or alteration of any lake, pond, marsh,
lowland or groundwater supply
b. Shore protection works, dams, or dikes
C. Dredging or filling operations
d. Channel modifications or diversions
v. Appropriation of ground and/or surface water
(private wells for single family use)
f. Other changes in the course, current or cross-
section of water bodies on or near the site
NO YES
X
X
2. What percent of the area will be converted to new impervious surface? 4t %
3. What measures will be taken to reduce the volume of surface water run-
off and/or treat it to reduce pollutants (sediment, oil, gas, etc.)?
Storm water runoff will be directed away from the creek valley. A natural
pending area along the south property line and a man-made pending area
along the north property line will receive two-thirds of the street run-off.
Sedimontation will occur in these basins.
4. Will chere he encroachment into the regional (100 year) floodplain
vy new fill or structures? X NO
If yes, does it contorm to the local floodplain ordinance?
NO X YES
10 + feet
5. What is the approximate minimum depth to groundwater on
the site? (Riley Creek has an elevation of 801-807 as it passes MITZI)
QUALITY the site. Cuilding site elevations are 8M-905) E . WATER
1. Will there he a discharge of process or cooling water, sanitary sewage
or other waste waters to any water body or to groundwater? NO x_yEs
If yes, specify the volume, the concentration of pollutants and the
water body receiving the effluent.
The development is 10 homes on 60 acres with private systems. The soils
are adequate to properly handle the 10 systems.
2. If discharge of waste water to the municipal treatment system is
planned, identify eny toxic, corrosive or unusual pollutants
in the wastewater.
none
3. Will any sludges be generated by the proposed project? y NO YES
If yes, specify the expected volume, chemical composition and method
of disposal.
YES
5
4. What measures will be used to minimize the
v
o
l
u
m
e
s
o
r
i
m
p
a
c
t
s
i
d
e
n
t
i
f
i
e
d
in questions 1-3?
All private water and septic systems will meet
S
t
a
t
e
B
u
i
l
d
i
n
g
C
o
d
e
requirements and City Shoreland Ordinance
r
e
q
u
i
r
e
m
e
n
t
s
.
5. If the project is or include, a landfill, a
t
t
a
c
h
i
n
f
o
r
m
a
t
i
o
n
o
n
s
o
i
l
p
r
o
f
i
l
e
,
depth to water table, and proposed depth
o
f
d
i
s
p
o
s
a
l
.
NA
F. AIR QUALITY AND NOISE
1. Will the activity cause the emission of an
y
g
a
s
e
s
a
n
d
/
o
r
p
a
r
t
i
c
u
l
a
t
e
s
into the atmosphere?
00 X YES
•
If yes, specify the type and origin of these
e
m
i
s
s
i
o
n
s
,
i
n
d
i
c
a
t
e
a
n
y
emission control devices or measures to b
e
u
s
e
d
,
a
n
d
s
p
e
c
i
f
y
t
h
e
a
p
p
r
o
x
i
-
mate amounts for each emission (at the sou
r
c
e
)
b
o
t
h
with and without the
emission control measures or devices.
During construction period(ie. grading, st
r
e
e
t
s
a
n
d
b
u
i
l
d
i
n
g
)
a
n
d
f
o
l
l
o
w
i
n
g
occupancy, low levels of carbon monoxide a
n
d
h
y
d
r
o
c
a
r
b
o
n
e
m
i
s
s
i
o
n
s
,
e
t
c
.
,
will be released. These emissions are typical
t
o
c
o
m
b
u
s
t
i
o
n
o
f
f
u
e
l
s
a
n
d
d
u
e
to the liminated size and scope of the proje
c
t
w
i
l
l
have only a minor effect
on the atmosphere.
2. Will noise or vibration be generated by co
n
s
t
r
u
c
t
i
o
n
a
n
d
/
o
r
o
p
e
r
a
t
i
o
n
of the project? NO X YES
If yes, describe the noise sourcc(-;; specify
d
e
c
i
b
e
l
l
e
v
e
l
s
[
d
3
(
A
)
3
,
a
n
d
duration (hrs/da) for each and any mitigat
i
v
e
m
e
a
s
u
r
e
s
t
o
r
e
d
u
c
e
t
h
e
noise/vibration.
Construction equipment , 8 AM-5PM , Monda
y
t
h
r
o
u
g
h
F
r
i
d
a
y
.
N
o
m
i
t
i
g
a
t
i
v
e
measures are planned. 78-115 dBA emitted at construction equipm
e
n
t
.
3. If yes on 1 or 2, specify whether any are
a
s
s
e
n
s
i
t
i
v
e
t
o
n
o
i
s
e
o
r
reduced air quality-(hospitals, elderly h
o
u
s
i
n
g
,
w
i
l
d
e
r
n
e
s
s
,
w
i
l
d
l
i
f
e
areas, residential developments, etc.) are in t
h
e
a
f
f
e
c
t
e
d
a
r
e
a
a
n
d
g
i
v
e
distance from source.
Riley Creek is approximately 500 feet fro
m
p
r
o
p
o
s
e
d
s
t
r
e
e
t
c
o
n
s
t
r
u
c
t
i
o
n
.
Scattered single family homes adjacent to
s
i
t
e
w
i
l
l
h
e
a
r
c
o
n
s
t
r
u
c
t
i
o
n
n
o
i
s
e
but no adverse impacts are anticipated.
G. LAND RESOURCE CONSERVATION, ENERGY
1. Is any of the site suitable for agricultural or f
o
r
e
s
t
r
y
p
r
o
d
u
c
t
i
o
n
or currently in such use? NO X YES
If yes, specify the acreage involved, typ
e
a
n
d
v
o
l
u
m
e
o
f
m
a
r
k
e
t
a
b
l
e
c
r
o
p
or wood produced and the quality of the la
n
d
f
o
r
s
u
c
h
u
s
e
.
Parts of the site are used for agriculture,
b
u
t
t
h
e
t
i
t
e
i
s
c
h
a
r
a
c
t
e
r
i
z
e
d
b
y
poor topsoil.
2. Are there any known mineral or peat deposits
o
n
t
h
e
s
i
t
e
?
X
N
O
YES
If yes, specify the type of deposit anA the
a
c
r
e
a
9
e
.
3. Will the projeat result in an increased energy d
e
m
a
n
d
?
Complete the following as apOicable:
a. Energy requirements (oil, electricity, gas, c
o
a
l
,
s
o
l
a
r
,
e
t
c
.
)
Ty )e
Estimated
Annual
Reouiror,ent
Peak Demand
(Bouilv or F:ailY) Anticipated
Supnlier
Firm Contract Or
Interruptible Basis?
SU,r.er Winter
Electricit 168,159KWH 1055ra day NSP firm
Natural (e
71 - avai al
propane t,
e, otherwlse
it (las) _,
1.6 dail 13,450CF/ MinnegasCo firm
day
b. Estimate the capacity of all proposed on-sit
e
f
u
e
l
s
t
o
r
a
g
e
.
Homes which choose gas will most likely hav
e
1
,
0
0
0
g
a
l
l
o
n
t
a
n
k
s
.
C. Estimate annual energy distribution fo
r
:
NO X YES
space heating 60
air conditioning 15
ventilation
lighting 15
processing 5
d. Specify any major energy conservation system
s
a
n
d
/
o
r
e
q
u
i
p
m
e
n
t
incorporated into this project.
Homeowners will have the opportunity to ins
t
a
l
l
s
o
l
a
r
e
n
e
r
g
y
s
y
s
t
e
m
s
,
h
e
a
t
pumps * etc., as the site does lend itself to such
i
m
p
r
o
v
e
m
e
n
t
s
.
C. What secondary energy use effects may result
f
r
o
m
t
h
i
s
p
r
o
j
e
c
t
(e.g. more or longer car trips, induced hou
s
i
n
g
o
r
b
u
s
i
n
e
s
s
e
s
,
e
t
c
)
?
A secondary energy use effects which may res
u
l
t
f
r
o
m
t
h
i
s
p
r
o
j
e
c
t
w
o
u
l
d
be longer trips to and from the metropolitan
a
r
e
a
.
H. OPEN SPACE/RECREATION
1. Are there any designated federal, state, co
u
n
t
y
o
r
l
o
c
a
l
r
e
c
r
e
a
t
i
o
n
o
r
open space areas near the site (including w
i
l
d
a
n
d
s
c
e
n
i
c
r
i
v
e
r
s
,
t
r
a
i
l
s
,
lake accesses)? NO X YES
If yes, list areas by name and explain how each may be af
f
e
c
t
e
d
b
y
t
h
e
project. Indicate any measures to be used t
o
r
e
d
u
c
e
a
d
v
e
r
s
e
i
m
p
a
c
t
s
.
Riley Creek occurs in the northaest corner
o
f
t
h
e
s
i
t
e
.
F
u
t
u
r
e
h
i
k
i
n
g
t
r
a
i
l
s
are anticipated and the deer corridor will
b
e
p
r
o
t
e
c
t
e
d
.
Minnesota River Wildlife Refuge is located
a
p
p
r
o
x
i
m
a
t
e
l
y
9
0
0
f
e
e
t
s
o
u
t
h
o
f
the site.
)
- 7 -
H. TRANSPORTATION
1. Will the project affect any existing or proposed transportation systems
(highway, railroad, water, airport, etc)? NO X YES
If yes, specify which part(s) of the system(s) will be affected. For
these, specify existing use and capacities, average traffic speed and
percentage of truck traffic (if highway); and indicate how they will be
affected by the project (e.g. congestion, percentage of truck traffic,
safety, increased traffic (ADT), access requirements).
The project will increase traffic (ADT) on the adjoining roads. If all households
generate an average of 8 trips per day, an increased volume of approximately 80
vehicle trips per day is foreseen for adjoining roads. The project will not
cause congestion on adjoining roads.
2. Is mass transit available to the site?
y Fo YES
3. What measures, including transit and paratransit services, are planned to
reduce adverse impacts?
The nearest MTC park-n-ride site is 3 miles to the northeast.
J. PLANNING, IAND USE, ComNUNITY SERVICES
1. Is the project consistent with local and/or regional comprehensive
plans? NO X YES
If not, explain:
If a zoning change or special use permit is necessary, indicate existing
zoning and change requested.
NA
2. Will the type or height of the project conflict with the character of the
existing neighborhood? •
X NO YES
If yes, explain and describe any measures to be used to reduce conflicts.
8 •••
NA
3. Now many employees will move into the area to be near the project?
How much new housing will be needed? NA
4. Will the project induce development nearby--either support services
or similar developments? Mo
If yes, explain type of development and specify any other counties and
municipalities affected.
IVO
S. Is there sufficient capacity in the following public services to handle
the project and any associated growth?
Amount required
Public Service for project Sufficient capacity?
water 4000 gal/da NA(wivate wells)
wastewater treatment 4,000 gal/da
NA feet
NA(private systems)
sewer
schools 15 pupils
solid waste disposal 2.3/mon. ton/SO rivate hauler
streets o.7 miles
other (police, fire, etc) 1.4 officers 1.000 es-
If current major public facilities are not adequate, do existing local
plans call for expansion, or is expansion necessary strictly for this
one project and its associated impacts?
facilities are adequate.
6. Is the project within a proposed or designated Critical Area or part
of a Related Actions EIS or other environmentally sensitive plan or
program reviewed by the EQC? X NO YES
If yes, specify which area or plan.
7. Will the project involve the use, transportation, storage, release
or disposal of potentially hazardous or toxic liquids, solids on
gar:eous substances such as pesticides, radioactive wastes, poisions,
etc? __L_RO YES
If yes, please specify the substance and rate of usage and any measures
to be taken to minimize adverse environmental impacts from accidents.
— 9 —
8. When the project has served its useful life, will retirement of t
h
e
facility require special measures or plena? X NO YES
If yes, specify,
K. HISTORIC RESOURCES
1. Are there any structures on the site older than 50 years or on feder
a
l
or state historical registers? NO x YES
2. Have any arrowheads, pottery or other evidence of prehistoric or
settlement been found on the site? X
Might any known archaeologic or paleontological sites
by the activity? X
(being received by State Historical Society)
3. List any site or structure identified in 1 and 2 and explain any
impact on them.
the chicken coop building located on the site is not of
historical significance.
L. OTHLR ENVIRONMENTAL CONCERNS
Describe any other major environmental effects which may not have
b
e
e
n
identified in the previous sections.
NA
II/. OTHER MITIGATIVE MEASURES
Briefly describe mitigative measures proposed to reduce or elimin
a
t
e
p
o
t
e
n
t
i
a
l
adverse impacts that have not been described before.
NA
early
NO YES
be affected
NO YES •
V. FINDINGS
The project is a private ) governmental (X) action. The Responsible Agency
(Person), after consideration of the information in this RAW, and the factors
in Minn. Reg. MEQC 25, makes the following findings.
1. The project is ( ) is net ( X ) a major action.
State reasons:
VIP
2. The project does () does not () have the potential for significant
environmental effects.
State reasons:
3. (For private actions only.) The project is ( ) is not ( ) of more than
local significance.
State Reasons:
IV. CONCLUSIONS AND CERTIFICATION
NO113: A Negative Declaration or EIS rreparation Notice is not officially filed
until the date of publication of the notice in the EQC Monitor section of
the Minnesota State Register. Submittal of the MAW to the EQC constitutes
a request for publication of notice in the FOC Monitor.
A. I, the undersigned, am either the authorized representative of the Responsible
Agency or the Responsible Person identified below. Based on the above findings,
the Responsible Agency (Person) makes the following conclusions. (Complete
either 1 or 2).
1. X NEGATIVE DECLARATION NOTICE
No EIS is needed on this project, because the project is not a
major action and/or does not have the potential for significant
environmental effects and/or, for private actions only, the
project is not of more than local significance.
2. EIS PREPARATION NOTICE
An EIS will be prepared on this pro
j
e
c
t
b
e
c
a
u
s
e
t
h
e
p
r
o
j
e
c
t
i
s
a
major action and ihi3 tnc potential
f
o
r
s
i
g
n
i
f
i
c
a
n
t
e
n
v
i
r
o
n
m
e
n
t
a
l
effects. For private actions, the p
r
o
j
e
c
t
i
s
a
l
s
o
o
f
m
o
r
e
t
h
a
n
local significance.
a. The MEQC Rules provide that physical
c
o
n
s
t
r
u
c
t
i
o
n
o
r
o
p
e
r
a
t
i
o
n
o
f
t
h
e
project must stop when an EIS is req
u
i
r
e
d
.
In special circumstances, the MEQc calseecifically authorize l
i
m
i
t
e
d
c
o
n
s
t
r
u
c
t
i
o
n
t
o
b
e
g
i
n
o
r
continue. If you feel there are special circumsta
n
c
e
s
i
n
t
h
i
s
project, specify the extent of progress recommended and the reas
o
n
s
.
b. Date Draft EIS will be submitted:
(month) (day) (year) (MEQC Rules require that the Draft EI
S
b
e
s
u
b
m
i
t
t
e
d
w
i
t
h
i
n
1
2
0
d
a
y
s
of publication of the EIS Preparati
o
n
N
o
t
i
c
e
i
n
t
h
e
E
Q
C
M
o
n
i
t
o
r
.
I
f
special circumstances prevent compli
a
n
c
e
w
i
t
h
t
h
i
s
t
i
m
e
l
i
m
i
t
,
a
written request for extensicn explai
n
i
n
g
t
h
e
r
e
a
s
o
n
s
f
o
r
t
h
e
r
e
q
u
e
s
t
.
must be submitted to the EQC Chairma
n
.
)
C. The Draft EIS will be prepared by
(
l
i
s
t
R
e
s
p
o
n
s
i
b
l
e
A
g
e
n
c
y
(
s
)
o
r
Person(s)):
Signature
Roger K. Ustad, City Mana9er Titl e
Date
B. Attach an affidavit certifying the
d
a
t
e
t
h
a
t
c
o
p
i
e
s
o
f
t
h
i
s
E
A
W
w
e
r
e
m
a
i
l
e
d
to all points on the official Ectc d
i
s
t
r
i
b
u
t
i
o
n
l
i
s
t
,
t
o
t
h
e
c
i
t
y
a
n
d
c
o
u
n
t
y
directly impacted, and to adjacent
c
o
u
n
t
i
e
s
o
r
m
u
n
i
c
i
p
a
l
i
t
i
e
s
l
i
k
e
l
y
t
o
b
e
directly impacted by the proposed a
c
t
i
o
n
(
r
e
f
o
r
t
o
q
u
e
s
t
i
o
n
1
1
1
.
3
.
4
o
n
p
a
g
e
9
of the EAW). The affidavit need be att
a
c
h
e
d
only to the copy of the MAW which is sent to the EQC.
C. Billing procedures for .E.Q.C. Monitor Publication
State agency Attach to the EAW sent
t
o
t
h
e
E
Q
C
a
c
o
m
p
l
e
t
e
d
O
S
R
1
0
0
ONLY: form (State Register General Order F
o
r
m
—
a
v
a
i
l
a
b
l
e
a
t
C
e
n
t
r
a
l
Stores). For instructions, please contact
your Agency's Liaison Officer to the State Register
o
r
t
h
e
O
f
f
i
c
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o
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State 1Iegister—(612) 29O-8239.
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••• 12-
10H0F0EN pwAmiI CENIF H F nf N MINNIf SOTA 55343 • TELEPHONI 612/941-7100
Suburban National Bank
NOV 1 4
November 10, 1978
Honorable Wolfgang Penzel
Mayor
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
Dear Mr. Mayor:
On February 3, 1976, an agreement was entered by
and between the City of Eden Prairie and Suburban
National Bank of Eden Prairie which allowed our placing
our present Autobank in operation in a temporary location
at 11401 West 78th Street pending completion of plans for
the final location of our Main Office and the Autobank.
The agreement was for three years and expires on
January 1, 1979 and contained an option that the City
could grant an extension of the agreement upon request
of the Bank. A copy of the agreement is attached.
This letter is to request Council consideration and
approval of such an extension oC the agreement for
eighteen months to allow us time to complete our plans
for a Main Office building containing the present Auto-
bank on the same parcel of land where our Autobank
presently sits.
We have retained Bank Building Corporation of
St. Louis, Missouri, which specializes in financial
office buildings, to assist us in our development and
planning.
We anticipate that the eighteen-month extension
will allow us sufficient time to complete plans and
negotiations for the site, obtain our necessary Federal
regulatory approvals, gain proper zoning consideration
and approvals and construct a Bank-Office Building at this
location.
We thank you for your consideration and assistance
with this matter.
77". kizeitikro
y . Terwilliger
President
RWT:hd
cc: Robert r. Collins
,ZRZ
WIIP/anl 1 /2t3/7h
A C P 1: N E N
TIliS AGI,,!.1:1 NT, Made :Ind (Ad., red i tit° by and between the
SUBURBAN NATI ONAL iihNic a Un.ited tatefi Corporatio
n
,
h
e
r
e
i
n
a
f
t
e
r
referred to a fl "Bank" and t. he CITY Or iThEN PRA1RIE,
publ ic
•
corporation, hereina f ter re tarred to al .; "City",
WHEREAS , the 1 1 a0:: lico, ffled willi the City an appl icat ion to
construct On nito drive-in Inmk on prope t y identif
i
e
d
a
s
a
p
a
r
t
of Let 1, Eden Prairie C,:nt or Adcl i ion, and
WHEREAS, accompany inn soil application there has bee
n
f
i
l
e
d
with the City, and hereby mode a psi hereof, , a document entitled
"Suur .!.,T.In National Punk, Main 11,1111: and Drive-Up Facility" p
r
e
p
a
r
e
d
by Thomas 11. St:111 3., Inc. , which document intli Cu Le
s
a
m
o
n
g
s
t
o
t
h
e
r
thinqb: the L OCaL ion, type and style of the proposed dr
faciliLy, ond
WHEREAS , said facili ty is to he located in an approve
d
P
l
a
n
n
e
d
Unit Development :And Ill all 01)it.1 wi LII ml prOPOlaid l.a 111
1
:
0
c
c
i
i
i
i
m
c
ai
zone, and
WHEREAS , id location is temporary, pending completion of
the shoppinn cont or and :,tua;o. in: 10 thc f i nal location of said
facili ty wi thin the Major Center Aron • and
WillitEdS , Lire con i igurat.ionr, of roads in the Major Center Area
is m1001 LT n 111 zuld t he temporary 3(10)1) on seems logical until
location:: are finalized, and
WHEREAS, I he P 1 a nni C1/1 n 1111i 1: la (II), i r ter hiiv nq rec.(' i ved
Slit Ileper did, on or :Jinni. An , it.ml 11, 1 0./S, recommend approval
of an auto drive-up facility without rezoninii for a three (3)
year period, which recommendations WCIO based on the Planning
Report dated August 5,1975, and
WHEREAS, the City Coitneil did, en or about: the 26th day of
August, 1915, recommend approval of a drive-up fajility be granted
upon certain terms and conditions:
NOW THEREFORE, 1T iS AGiaAj , BY AND EETWE%N the parties hereto:
1. That becaufie said banking facility is in the Hemort.
Planned Unit Development and its permanent location has not been
determined, rezoning shall not be granted at this time.
2. That the Bank shall be permitted to use the area
designated as an auto drive-up facility for a period of three years
from a s after January 1, 1976, with an option that the City could
grant an extension upon request of iThe Bank. See area delineated
in red on Exhibit A which is attached hereto and made a port hereof.
That upon LE., es pi rat ion 4,1 ,aid period, the drive -up
facility shall be removed from said premises and the Bank does
hdrchy waive further notice by the City of its rights to terminate
raid facility.
4. That the Dank, prior to commencing construction, agrees
Co furnish a bond to the City in the amount_ of Five Thousand
($5,000.00) Dellazs conditioned solely upon the Bank's removal of
said facility on of beLorc the date hercinbefore specified.
5. That the :d.lucture meet all other ordinances and require-
ments of the ('ity, particularly but not limited to "signing,
N -14-.......^.........-- Noti)..:-,3,4 1\1,JJOS1.-.7.1-1 M. SE/TZ
i
NT
' ' ......• lir. PI sINEN COUNTY
''' .' ../ NOTANT PUITLIC-MINNCIDOTA
cowwoevor. 33 ,133031. a OCT. t 3, 1083 /
.01"33,33,33303.3,333333.63.3.-. a .33 .3 .3 3. .3
• . .
landscaping, eng tneering requirements
IN 14.1;1'NES:-; WilITE0i', the pelt i ef; have executed this Agreement
/ )41( 7/ • this / day of In the City of Eden
PrairiC, C:ttunty of Itennepin, Li le or „ ,
CITY 01 /' .3•:1)1;,P," PRAIRIE
By ,LriZt-..,,„„. t..../.4/
„..--(7)11_!/14.1ycl o
BY4• Ls :ise-.3.--rt
STATE -OF MiNN1::;0TA )
) SS.
COUNTY OF 111;NN1FIN )
1 h es dont , i n •,• Roy Terw i titer o
and_ Dean A. liolttsok , tOe Sorrettm y toe S•Inourhan Nit °nal
I3ank, f;t“lc.: Corpora t ton, on behtt 1 I oi t he corpora lion.
By
SUBURI3AN NAT.WNAL BANK
( By , , !) _ , /,' /7 •
11 t s
/
i,1. ' et; la st7t1t.--)
4 • /,
47 s Secretary
STATE OF MINNFt;OTA )
) so.
COUNTY Or HENNFPIN )
The 0; otIoN i IP; 111:: t 1 -LII.,1011L tva../ ti tcliit•wl eticity 1.n ct 1 (v e me t=i,i:, --
tlay of '7 ..:_..,"/-C(:., 1 , i 92...L., 1 ),,•_/ (21 te.4',I ,,,.'-{ ;Ltt i L ._ ., Mayor
and .•14, ' It kti jily.:3/ _, the C.) ti ., ft.'lttr 1; e ' I) 1,, C C .17,,,, o 1 Eden
pr a irj 0 , /;-..) itubl I t: coriATTt -i.t.....ron, on h .oha I i 01 Lle eorpora t. 1 on .
(L) ,
/1 1-2( (4/:,--'1
Nola ry I.:Ladle , /3-t—it..., t
.9/1/1/1/,',',"- //ti f,"-(7.,..712...4 7 /4/.
c -4
The le e.wi Iv; in',1 ruloent - w;r: e,l ,w0heft' toe t h P; 0
ny ot . i4
TO: Mayor and Council
THRU: Roger Ulstad
FROM: John Frane
DATE: II102111er-15, 19* "
RE: Request for MDR approval for Eden Hills Company - $1,600,000.
The Eden Hills, a oartnership consisting of mr. William J. Hartong,
Mr. Gary E. Nordness, Mr. Howard L. Rekstad, Mr. Kenneth J. Bureau,
and Mr. E. Ted Yoch, have applied to the City for preliminary approval
for $1,600,000 in 1. R. Ho 5Os to he issued in the form of a mortgage.
They propose to build on 86,532 square feet office/warehouse facility on
7 acres at the south end of Fuller Road. The property is zoned
I-General which is proper for the use intended. We have personal financial
statements from the partners which indicate a substantial net worth including
interests in similiar type projects.
Resolution .11.7.8-2i3 -is attached for your consideration.
7S--1?
cat I el to Cf..t -allissio .ler..in tipliciit
.. ... .
STATE OF 1111:N1 7.1.7.0TA
1E1'AI:imp/if OF 011.F142 - SECIHOTI
*AA ).;.-.;;,;.).AAA -A A A.:-AikAA -A*
At 'Pl .1 flAT T C-X\T
For App., oval of 11 uncipal Tncinstiiial Revimr. Toad TrOjot:tt
Pat e
'To:
Minnesota a.,part lif•lit of Comnerre
Securities DT -vi!titn
500 /-'1M..ro Sqnu e (.1;ng
St. Paul, Minne.sota 55101
The ien 'Prairie Coiray of ,lie--nepin
e LON"( '7 iiiIg Xly Of
LK! !;01. (.:by .7 ,p1)1 OS 1. 0 the (iitiw;f:sio -tor ot the State of Miniet.-.ota,
Seem -it:it-2s Divi on of I ire Dpt Ist .nt of C4nili:!i ce,. for lns appr -tival of
this .comEnity's putixisfq.1. Tharrpa1 ToChrit 1.1.21 'Road i ua , s -
require y ;ect ion 1, -Siiixi vi AI 7, er 476, 1'Sirr o soa Si at ut es.
'Oa 11.:1Ve 4.1rtered into in -el inrii);.Ly with:
F111.11 Edyn Cany
7432 Pr i or Av(Tnic> Nor _
Cl'IY
Roseville SFATE 5 5 11 3_
St:it e of Tneni Ni"11,'"ota Limit ed Part nership
Att. 0 rney ITmard St urine
n I 1 -101 n .1 a 1 foilding, St. T'aul, NN 55101
-This fi-tin -it; enL;.-te,o ,t1 P'
• Real Estate n•••
The frotls ft on the sale of the niud. Revel ay! Ponds
lxi used to (5en(•o91. u -q.ure of I), ojert) m irc h,„, 7 o f mod
and construct an 86,532 svare foot: otfice win:house facility.
it will. he located in 1-7,1,:1 -1 Prairie, Tliiine!:ota
8/ /1
Aionnt
$ 250,000
1 400 000
25,000
10,000
-37,500 •
12,000
16,-000
'
Tlif'(1 1 0..,11 (.1 j cf u. no C':•tir.rted 01 I ,
CO S t
ly-,-lut s It Ton and Si t e Du'1op;.iit
C4.o.st rt i n ("4-3:11 i arts
Er.111, at Jr t ion y3 Inr.tallaticrt
Arclti.t -ectur -al and l'ngincering Fees
Fer!.13
Tiit exei;t (1111114; CA..111St -1117 Linn
Pond Disernrit
0:11er
It is presently estistated that coast nu -Ahn will login on (Jr
abotit Novenlyer 1-, ...., 19 78_, and will le corpleted on or alx -rat
May ._30 19 _ - • - ----•
1:en eOrpleted, thue will he. approximat el:
60 1(W jC N-S CI(.-tet by
the project at an iarmal payroll of ap-
yultateTy •$ 900,000 based upon currently prevail -T.1-g v:.--NLes.
•lte tentative loao t (-Tin is 1 5 cona -ncing
May 30 , 19 7 9 , ania--(1), ten.--,t: win (wit) -wive thet option to
I-Aar:rase an:urinal value -trix.)n expiration of the least.rt
1 (.7M..
in ii provide._ the CAtnaissicreer with a ccurpnliensive
state!ent indicating ly -5,4 the la ojec.r iSfir_.S- the public purpose and •-
policies of the Minne:;ota TialaNtainl rs,,,,oluilicint Act.
it letter of intent to purchase the lyrid isswa. firth mderwriter
OT an analysis of a fiscal consultant as to the feasibility of the
projt .ct frera ii fin;:11Cial in ;i:“.11 n 0511't Ia att.-y -1,-d to Chia application.
the undersigned, are duly r(Truw:entatives of
&len Prairie , and solicit your appioval of this
prolect at your earl-I -est CLuvenivrve no th:12; he any carry it to a
final o yiel us i
Signed by: (Ti irr:ipal 0111 errs)
Thin ;,,ppl UVA el eu 1nOt 1X3 (gt I sit el to be 1 ,11 1171,1-1A, LY the CA lIii T Iner
• or the St;itc of the the prnit-ct or Chet tonly3 of the •
le.--(f;e to 1)(1 cxt-cot ,•(1 (a- the 'Nods to lie 51;mioci tlu ,(ofor„
Date of Apporval:
Otani ssit eer of r,ez -an it loll
n••
roloi ..sota D21,;utill.lit Of C4Curel CZ
8/11/7
)1° -2 -
JURAN & MOODY, INC.
MUNICIPAL BONDS EXCLUSIVELY
114 EAST SEVENTH SlREET
SAINI PAUL, MINNESOTA 55101
TELEPHONE 1.12 ,298.1S00
Coltnissioner
Securities Divisitn
Minnesota Departoont of CA-,laa_A-ce
Fifth Floor, l'•tro Scjoare huilding
St. Paul, Mitukesot a 55101
RE: cri-Y OF EDEN PRAlli1E, MINNESOTA (EDEN 1-111:ISIPANY :MECO
$1,600,000 COM1E8CLAI, 61.:VE1.00;h:NT 1•11..VENtIE FEN:MCI%
Dt2ar Cmuzissioner:
Enclosed you will find three conpletod :ipplication forms accoapanied by
copies of the preliminary 1Th:elution ,(1,-_,pted by the City Council, pre-
limLnarj, opinion from bond counsel_ as. ',Jell as a lettc-T front the City for
the above referenced project.
lie triderstand that the proceeds of thg proposed financing is to be used
to co:1st:Au:I a 86,532 sqt.,4 -e foot office and 'oar( house loci lity in Eden
Prairie, Minnesota. We have mail:bled tho financial feasibility ot tnis
project and it is our opinion that the proposed bonds, to h issued
pursuant to Minne,o; a St Cr.;tet er 474, as are :txteable
under existing market conditions subject: to the unqualified lc•gz -11 opinion
of Dorsey, Windborst, llnanaford, Lacy anti 11alladay, and retool. agree-
gent of all parties as to uaturity, price, b'n crest rate and docurontat ion.
We understand that the full faith and credit of t he Ci t y of Edon Ptai rie ,
Minnesota, i_s not pledLed to the payout of in -hp:in:11 end into-rest on these
bonds.
Respectfully submitted this 17th day of October, 1978.
Very truly yours,
JUR/V1 & 11MY,
,//'
•
Randy S. Nelson
P,SN:jr
Enclosures
DORSEY, WINDHORST, HANNAFORO WHITNEY a HALLADAY
PS TPIPO STREET SOLONwEsi
POCHtsitp,piNNESOTA sEsot
1107 1 200-3155
2300 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS,MINNESOTA S5A02
15171 ,40-y500
CAPLE•DONOw
VELE, EP-06015
TELEcOpIEP tele n 340-7000
October 17, 1978
PLEASE PEPLY TO
P160 5-rips, NATIONAL SANK OuILDINO
ST. PAuL.niNNE.501A 55101
101712E7-13017
JOHN 13 KIRBY
te121227-e017
Commissioner of Securities
Metro Square Building
Fifth Floor
Seventh and Robert Street
St. Paul, Minnesota 55101
Re: $1,600,000 Commercial Development Revenue Notes
(Eden Hills Company Project)
City of Eden Prairie, Minnesota
Dear Sir:
We have reviewed a resolution adopted by the govern-
ing body of Fa -'n Prairie, Minnesota, on October 17, 1978,
relating to a proposal that the City issue its mortgage
revenue notes under Minnesota Statutes, Chapter 474, to
finance. in whole or in part, an office and warehouse building
on behalf of Eden Hills Company.
On the basis of our review of the resolution and
preliminary discussions with representatives of Juran & Moody,
Inc. as to the nature of the project and the proposed financing,
it is presently our opinion that the municipality is authorized,
assuming further proceedings are taken in accordance with the
provisions of Chapter 474 and any other applicable law, to
issue its revenue notes as proposed by the resolution.
Very truly yours,
(7, )
ohn D. Ki
JDK:dh
4 A',
RESOLET1O'‘i NO.
r d/3
RESOLUT10:,. RELAT -ING TO A PROdla:T UNDI:11 TqE
MUNICIPAL INDUSTI."UW DEVEk0PMENT ACT; GIVING
PRED111II:ARY 1,110'1AI, 10 TIR: PRO.I.ECT; REFERPING
THE PR0P0SAL, CONF,12 01' SFGURTri'l ES
FOR APPPOVid,; AND 1001 % EXECC'fiON OF A
Mt2,10RAND1 .M OE AGREEMENT AND PREPARATION OF
NECESSARY DOCUMEJ ,:"CS
BE IT RESOLVED by the City Council of the City of
Eden Prairie, Minnesota (the City) as follows:
1.1 The welfare of the State of Minnesota requires
active promotion, attraction, encouragement and development of
economically sound industry and commerce through governmental
acts; the development of industry to use available resources
of the conamnity in order to retain the benefit of its
existiny investment in educational and public service facilities;
and the moic intensive development of land available in the
area to provide an edequate tax base to finance the increase
in the amount and cost of goverimientiil services pro ,,ided by
the City, the County and the School District in which the
City is located.
1.2 Edell nill Compiny, a Minnesota partnership (the
Company) is considerica acquisition of aporoxielately 7 acres of
land within the City and construction and equipping thereon of
an 86,512 square foot office ind warehouse facility (all such
property hereinafter referred to as the Project), to be leased
by the Company to various business enterprises.
1.3 The existence of the Project would add to the
tax base of the City, Hennepin Ciminty and the school district
in which the City is located and would provide increased oppor-
tunities for employent for residents of the City and surrounding
area.
1.4 This Council has been advised by a representative
of the Company that with the aid of municipal borrowing, and
its resulting low borrowing co.:(1, the economic feasibility of
undertaking the Proiect is significantly improvi.
1.5 This Council has also been advised by a repre-
sentative of Juran & Moody, Inc., of St. Paul., Minnesota, invest-
ment bankers and dealers in municipal bonds, that on the basis
of information submitted to them and their discussions with
representatives of the Cempahy and potential buyers of tax-exempt
obligations, one or more mortgage revenue notes of the City could
be issued and sold upon favorable rates and terms to finance the
Project.
1.6. The City is authorized by Minnesota Statutes,
Chapter 474, as amended (the Act), to issue its revenue bonds
or notes to finance capital projects consisting of properties
used and useful in connection with a revenue-producing enter-
prise, such as that of the Company, and the issuance of such
notes by the City would be a substantial inducement to the Company
to construct the Project.
2. On the basis of information given the City to
date, it appears that it would be in the best interest of the
City to issue one or More mortgage revenue notes under the pro-
visions of the Act to finance the cost of the Project which is
presently estimated to he approximately $1,600,000.
3. The Project is hereby given preliminary approval
by the City and the issuance of notes for such purpose and in
an amount up to $1,600,000 approved, subject to the approv a l of
the Project by the Commissioner of Securities and to the mutual
agreement of this Council, the Company and the initial purchasers
of the notes as to the details of the notes and provisions for
their paymiint. In all event s, it is understood, however, that
the notes of the City shall not constitute a charge, lien or
encumbrance, lcgal or equitable, upon any property of the City
except the Projet, and any note, when, as and if issued, shall
reciLe in substance that the note, including interest thereon,
is payable solelv from the revenues received from the Project and
property pledr:Yd to the payment thereof, and shall not constitute
a debt of the City. The adoption of this Resolution does
not constitute a guarantee or a lirm commitment. that the
City will issee the notes as requested by the Company. The
City retains the right in its seld discretion to withdraw
from participition, and accordingly not issue the notes,
should the City at. any time prim to issuance thereof
determine that it is in the best interest of the City not
to issue the notes or should the parties to the transaction
be unable to reach agreement as to the terms and conditions..
of any documents required for the transaction.
4. The form of Memorandum of Agreement relating to
the issuance of the notes to finance the cost of the Project is
hereby approved and the Mayor and City Clerk are hereby authorized
and directed to execute the Memorandum of Agreement on behalf of
the City.
5. in accordance with Section 474.01, Subdivision 7
of the Act, the Miyor is hereby authorized and directed to sub-
mit an Application for the Project to the Commissioner of Secu-
rities foi his approval of the Project. The Mayor, City Clerk,
City Attorney irv3 other of f leers, employees and agents of the
C
i
t
y
are hereby authorized to provide the Commissioner with any pre,
liminary information he lsay need for this purpose, and the Ci
t
y
Attorney is authorized to initiate and assist in the preparati
o
n
of such documents as may be appropriate to the Project, if it is
approved by the Commissioner. .
Mayor
Attest:
City Clerk
MEMORANDUM OF AGREEMENT
THIS MA.•ORANDUM OF AGREEMENT, dated as of
1978, between the City of Eden Prairie, Minnesota (the city),
and Eden Hills Company, a Minnesota partnership (the Company),
provides as follows:
1, Predimitiary Statement. Among the matters of mutual
inducement which have resulted in this Agreement are the following:
(a) The City is authorized and empowered by the provi-
sions of Chapter 474, Minnesota Statutes, as amended (the Act),
to issue reveaue obligations to defray the costs of a project as
defined in the Act.
(b) The Company has proposed that the City, pursuant
to the Act, issue one or more mortgage revenue notes to defray
the costs to be incurred in connection with the acquisition of
approximately 7 acres of land and construction and equipping
thereon of an 86,532 square foot office and warehouse facility
(the Project), and that the City and the Company enter into one
or more lease, sale or loan agreements or similar agreements
satisfying the requirements of the Act (the Revenue Agreement).
(c) The Company wishes to obtain satistactory assurance
from the City that the proceeds of the sale of the noLes of the
City will ho made available to finance the Project.
(d) Subject to due compliance with all requirements of
law, the City by virtue of such statutory 'authority as may now
or hereafter be conferred by the Act, a'ire,:s to issue and sell
its notes in a nrincipal amount not exceeding $1,600,000 (the
Notes) to pay the costs of the Project.
(e) The Notes shall be limited obligations of the City
and the principal of and interest on the Notes shall be payable
solely out of revenues derived from amounts payable to the City
by the Company pursuant to the terms of the Revenue Agreement.
2. Undertakings on the Part of the City. Subject to
the conditions slated in (d) ot -paragraph 1 hereof, the City
agrees as follows:
(a) That it will authorize the issuance and sale of the
Notes, purmhult to the terms of the Act as then in force.
(b) That, if it issues and sells the Notes, it will, as
requested by the Company, enter into one or more Revenue Agreement
with the Colvally. The lease rentals, installment sale payments,
loan payments or other amounts payable under the Revenue Agreonent
s
will he sufficient to pay the principal and interest and redemptio
n
premium, if any, on the Notes as and when the same shall become
due and payable.
3. Undertakings on the Part of the Company. The
Company agrees as follows:
(a) That it will use all reasonable efforts to find one
or more purchasers for the Notes.
(b) That contemporaneously with the delivery of the
Notes the Company will enter into one or more Revenue Agreements
with the City under the terms of which the Company will agree to
pay to the City sums sufficient in the aggregate to pay the prin-
cipal of, interest on and redemption premium, if any, on the Notes
as and when the same shall become due and payable.
4. General Provisions.
(a) All commitments of the City under paragraph 2 hereof
and of the Company under paragraph 3 hereof are subject to the
condition that within twelve months from the date hereof (or such
other date as shall be mutually satisfactory to the City and the
Company), the City and the Comnany shall have agreed to mutually
acceptable terms and conditions of the Revenue Agreement, the
Notes and of the other instruments and proceedings relating to
the Notes.
(b) The Company agrees to pay any and all project costs
incurred by the City whether or not the nroject is approved by the
Cemmireioner of Securities; whether or not the project is carried
to completion; and whether or not the Notes or operative instruments
are executed.
IN WITNESS WHEREOF, the parties hereto have entered
into this Agreement by their officers thereunto authorized this
day of 1978.
EDEN HILLS COMPANY
By
Its Partner
CITY OF EDEN PRAIRIE, MINNESOTA
By
Mayor
(SEAL)
Attest:
City Clerk
-2-
RESOLUTION NO. 78-214
A RESOLUTION MEMORIZING THE MAYOR AND CITY
MANAGER TO ENTER INTO A CONTRACT WITH HENNEPIN
COUNTY FOR ADMINISIFRING HOME IMPROVEMENT
CONTRACTS
WHEREAS, Hennepin County has presented to the City of Eden Prairie
a Cooperative Rehabilitation Grant Program Contract, No. 80432,
for the administering of the Minnesota Housing Finance Agency,
MHFA, Home Improvement Grant Program.
NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie
that said contract be and it hereby is approved.
BE IT FURTHER RESOLVED, that the Mayor and City Manager be and
hereby authorized to sign said contract for and on the behalf of
the City of Eden Prairie.
ADOPTED this day of 1978
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Franc, City Clerk SEAL
OFFICE OF .11-1E ADMINISTRATOR
A-2300 Cove' nment Center
Minneapolis, Minnesota 55487
OCT 2117;14
October 18, 1978
Dear Local Administrator:
Hennepin County has entered into a contract with the Minnesota Housing
Finance Agency to serve as the administering entity for the Year III
Home Improvement Grant Program. As was the standard procedure in
previous years an agreement between the City and the adndnistering
entity assures full participation in the program and establishes mutual
responsibilities_ lhe enclosed contract constitutes that agreement and
identifies the funding available for home improvement grants and local
administration of the program.
The contract is modeled after that used by the Metropolitan IRA in
Years I and II. it is valid for essentially one year, extending to
August 31, 1979 from date of execution.
A resolution authorizing the execution of the contract should accompany
the signed contract. Please return the contract to:
Office of Planning and Development
C-2353
Hennepin County Government Center
Minneapolis, MN 55487
Robert Isaacson, Development Planning Unit, Office of Planning and Develop-
ment, 348-6680 or 348-4544 will address any of your questions.
Hennepin County looks forward to working with your coiliminity in the third
year of the grant program.
(
>
. .
1 Dale A. Achmann
County Administrator
HENNEPIN COUNTY
anequoloppodunItymplom
Sincerely,
Contract No. 80432
COOPLRAIIVL REHABILITATION GRANT PROGRAM
CONIRACT WITH MUNICIPALITY
THIS AGREEMENT between the COUNTY OF HENNEPIN, hereinafter
referred to as the "COUNTY", and the CITY OF EDEN PRAIRIE
hereinafter referred to as the "CITY";
WITNESSET H:
WHEREAS, the COUNTY intends to undertake a program for the dis-
bursement of grants to improve residential property for eligible families
and individuals within the County; and
WHEREAS, the COUNTY has entered into an agreement with the
Minnesota Housing Finance Agency (MHFA) to act as an administering entity
for the utilization and disbursemenl. of such grant funds pursuant to
applicable statute; and
WHEREAS, the CITY, by resolution, has indicated its desire to
participate in this program and to assist such individuals and families to
improve their housing in the CITY; and
WHEREAS, the COUNTY desires to purchase certain necessary
administrative services from the City in connection with carrying out the
program;
NOW, THEREFORE, in consideration of 'the mutual covenants and
promises contained herein, the parties agree as follows:
I. The County shall allocate grant funds in the aggregate sum of
Four Thol1 ':t'±L Fivo litIndrcd Thitiv-mic Dollars (S4,1.00
and NI I N )
for the utilization by the City in accordance with the provisions of
•
this Agreement.
)1t)q
2. To the extent the City does not have funds avail
a
b
l
e
f
r
o
m
o
t
h
e
r
sources, the City may apply to the County for u
p
t
o
,
b
u
t
n
o
t
i
n
e
x
c
e
s
s
of, 3.1339z
to $ 142.00
of the grant funds allocated to it, which amoun
t
s
, to defray the cost of adminstering the grant
program and providing technical assistance to
g
r
a
n
t
r
e
c
i
p
i
e
n
t
s
.
T
h
u
s
,
the amount of funds actually available for hom
e
i
m
p
r
o
v
e
m
e
n
t
s
i
s
a
t
l
e
a
s
t
$ 4,389.00
3. The City agrees that in all aspects of carryi
n
g
o
u
t
t
h
e
r
e
h
a
b
i
l
i
t
a
t
i
o
n
grant program, it will comply with the provisio
n
s
o
f
t
h
i
s
A
g
r
e
e
m
e
n
t
and regulations set forth in the MHFA Home Impr
o
v
e
m
e
n
t
G
r
a
n
t
P
r
o
g
r
a
m
Procedural Guides, Year III (PROCEDURAL GUIDES
)
,
A
p
p
e
n
d
i
x
A
a
t
t
a
c
h
e
d
hereto and hereby incorporated as a part of thi
s
A
g
r
e
e
m
e
n
t
.
For the purpose of this Agreement, requirements
,
d
u
t
i
e
s
,
o
b
l
i
g
a
t
i
o
n
s
and warranties of an "administrative entity" e
s
t
a
b
l
i
s
h
e
d
b
y
t
h
e
a
f
o
r
e
-
said Procedural Guides shall constitute requi
r
e
m
e
n
t
s
a
n
d
d
u
t
i
e
s
o
f
t
h
e
City. Obligations and warranties of an "admin
i
s
t
r
a
t
i
v
e
e
n
t
i
t
y
"
t
o
t
h
e
MHFA created by said Procedural Guides shall co
n
s
t
i
t
u
t
e
o
b
l
i
g
a
t
i
o
n
s
a
n
d
warranties of the City to both the County and t
h
e
M
I
T
A
.
4. The City shall promptly and diligently utilize
t
h
e
g
r
a
n
t
f
u
n
d
s
a
l
l
o
c
a
t
e
d
• to it and shall utilize all grant funds allo
c
a
t
e
d
t
o
i
t
b
y
A
u
g
u
s
t
3
1
,
1979. Funds not utilized by the date of the la
s
t
d
i
s
b
u
r
s
e
m
e
n
t
o
f
f
u
n
d
s
with respect to all approved grant application
s
s
h
a
l
l
b
e
r
e
t
u
r
n
e
d
t
o
MHFA.
5, The City shall commce to make grants c ,,mplying with the terms hereof
from and after the date on which this Agreement
b
e
c
o
m
e
s
e
f
f
e
c
t
i
v
e
b
y
providing publicity about the program and tecln
i
i
c
a
l
a
s
s
i
s
t
a
n
c
e
t
o
grant recipients in complying with the teens a
n
d
c
o
n
d
i
t
i
o
n
s
o
f
s
a
i
d
Procedural Guides.
Ii. the County shall use Ifs best efforts promptly and di/ig
e
u
t
l
y
t
o
p
r
o
v
i
d
e
training to City staff on procedures and techniques for adm
i
n
i
s
t
e
r
i
n
g
and providing technical assistance to grant recipients and
s
h
a
l
l
d
i
s
-
burse grant funds allocated to the City according to the term
s
a
n
d
conditions of the Proceduial Cuides.
7. The County shall reimburse the City for the costs of adminis
t
e
r
i
n
g
a
n
d
providing technical assistance to grant recipients up to the
m
a
x
i
m
u
m
allowable pursuant to Paragraph 2 of this Agreement. Such r
e
i
m
b
u
r
s
e
-
ment shall be made upon request of the City after all grant
f
u
n
d
s
h
a
v
e
been committed and upon itemized documentation as to the nat
u
r
e
o
f
t
h
e
expenditures.
8. This Agreement may be terminated at any time by either party
u
p
o
n
t
e
n
(10) days prior written notice to the other party. In the ei
f
e
n
t
o
f
such termination, the County shall thereafter disburse grant
f
u
n
d
s
with respect to all individual grant applications which, pr
i
o
r
t
o
t
h
e
effective date or said notice of termination, shall have received MHFA
approval and authorization to commence work and each party
s
h
a
l
l
b
e
required to carry out the terms of the Agreement with respe
c
t
t
o
e
a
c
h
of such grants.
9. The City agrees to:
A. Maintain such records and provide the County with such finan
c
i
a
l
statistical and service reports as the County may require fo
r
accotintability.
B. Allow personnel of the County and MBFA access to the City a
t
reasonable hours in order to exercise their responsibility
t
o
monitor - the services.
C. Permit persons from the County and 1411FA to have access to
p
e
r
t
i
n
e
n
t
books, documents and financial records for audit purposes
a
n
d
p
e
r
-
mit transcription and excerption of the same.
D. Maintain records at the City's office for on
o
y
e
a
r
f
o
r
a
u
d
i
t
purposes.
10. The City agrees to abide by all applicable stat
e
a
n
d
f
e
d
e
r
a
l
l
a
w
s
and regulations concerning the handling and dis
c
l
o
s
u
r
e
o
f
p
r
i
v
a
t
e
and confidential information concerning indivi
d
u
a
l
s
.
T
h
e
City agrees
to hold the County hand ess from any claims re
s
u
l
t
i
n
g
f
r
o
m
t
h
e
C
i
t
y
'
s
unlawful disclosure of private or confidential
i
n
f
o
r
m
a
t
i
o
n
.
11. The City agrees to hold harmless the Cooity and
i
t
s
o
f
f
i
c
e
r
s
a
n
d
employees from any claims, suits or damages res
u
l
t
i
n
g
f
r
o
m
o
r
caused by any act or omission of the City, its
o
f
f
i
c
e
r
s
,
a
g
e
n
t
s
,
'
contractors or employees in the performance of
t
h
e
s
e
r
v
i
c
e
s
p
r
o
v
i
d
e
d
by this contract.
12. Neither this contract nor services to be perfo
r
m
e
d
b
y
t
h
e
C
i
t
y
s
h
a
l
l
be assigned, s;:blet or transferred without the
p
r
i
o
r
w
r
i
t
t
e
n
a
p
p
r
o
v
a
l
of the County.
13. This contract shall commence on the date of its
a
p
p
r
o
v
a
l
b
y
t
h
e
C
o
u
n
t
y
Board and shall terminate on August 31, 1979, o
r
o
n
t
h
e
d
a
t
e
o
f
t
h
e
last disbursement of funds with respect to all
a
p
p
r
o
v
e
d
g
r
a
n
t
a
p
p
l
i
c
a
-
tions, whichever is later.
14. It is agreed that nothing herein contained is
i
n
t
e
n
d
e
d
o
r
s
h
o
u
l
d
b
e
construed in any manner as creating or establi
s
h
i
n
g
t
h
e
r
e
l
a
t
i
o
n
s
h
i
p
of co-partners between the parties hereto or a
s
c
o
n
s
t
i
t
u
t
i
n
g
t
h
e
C
i
t
y
as the agent, representative or employee of the
C
o
u
n
t
y
f
o
r
a
n
y
p
u
r
p
o
s
e
or in any manner whatsoever. City is to be and
s
h
a
l
l
r
e
m
a
i
n
a
n
independent contractor with respect to all serv
i
c
e
s
p
e
r
f
o
r
m
e
d
u
n
d
e
r
this Agreement. City represents that it has, o
r
w
i
l
l
s
e
c
u
r
e
a
t
i
t
s
own expense, all personnel required in performi
n
g
s
e
r
v
i
c
e
s
u
n
d
e
r
t
h
i
s
Agreement. Any and all personnel of City or o
t
h
e
r
p
e
r
s
o
n
s
,
w
h
i
l
e
.
engaged in the performance of any work or serv
i
c
e
s
r
e
q
u
i
r
e
d
b
y
C
i
t
y
)l)
under tills Agroomptit, Owl) hay' no contractual relationship with the
County and shall not be considered employees of the County and any and
all claims that may or might arise under the Workers Compensation
Act of the State of Minnesota on behalf of said personnel or other
persons while so engaged, and any and all clainm whatsoever on behalf of
any such person or personnel arising out of employment or alleged
employment including, without limitation, claims of discrimination
against the City, its officers, agents, contractors or employees shall
in no way be the responsibility of the County and City does hereby
hold the County harmless from any and all such claims. Such personnel
or other pPrsons shall not require nor be entitled to any compensation,
rights or benefits of any kind whatsoever from the County, including,
without limitation, tenure rights, medical and hospital care, sick and
vacation leave. serverance pay and P.E.R.A.
15. If any term or provision of this Agreement is finally judged by any
court to he invalid, the remaining terms and provisions shall remain
in full force and effect and they shall be interpreted, performed and
enforced as if said invalid prouisinn did not anneir herein.
Assistant County Attorney —
Date:
CITY OF
By:
1 ts
And:
Its
IN WITNESS WHEREOF, the parties have ,:a
u
s
A
t
h
i
s
A
g
r
e
e
m
e
n
t
t
o
b
e
executed by its duly authorized officer
s
a
n
d
d
e
l
i
v
e
r
e
d
o
n
i
t
s
b
e
h
a
l
f
,
this day of
• 1978.
COUNTY OF HENNEPIN, STATE OF MINNESOTA
Upon proper execution, this
agreement will he legally
valid and binding.
I m/
( As s s it 'Cath,ty., A st to nip
Da te;//C
By:
Chairman of its County Board
And:
Deputy County Administrator
ATTEST:
Deputy County Auditor
APPROVED AS TO EXECUTION:
CITY MUST CHECK ONE:
The City is organized pursuant
to:
Plan A Plan (I Charter
Cate of Hennepin County Board approval:
f;-)L
MEMO.
TO: Mayor and City Council
FROM: Jean Johnson, Planning Assistant
THROUGH: Chris Enger, Planning Director
DATE: November 16, 1978
SUBJECT: EXPIRATION OF PLANNED STUDY DESIGNATIONS IN THE
SOUTHEAST, SOFHWFST, AND NORTHEAST QUADRANTS
OF COUNTY ROAD #4 AND TRUNK HIGHWAY # 5
Ordinance No. 77-35 second read on November 15, 1977 placed
properties in the southwest, southeast and northeast quadrants
of Co.Rd.4 and TN 5 back into the Planned Study Zoning District
for 1 year or until time of Guide Plan completion , whichever
occurred first, see attachment #1 .
The zoning request for RN 6.5 and Office, COR Development,
occurs in the Planned Study designation of the southwest quadrant,
see -";:chment #2 .
Presently the Planning Commission is reviewing a Industrial zoning
request for Stewart In-Era Red affecting the Planned Study
designation in the southeast quadrant, see attachment #2 .
Properties placed back into Planned Study by adoption of Ord.17-35,
excluding the COD Development rezonings are illustrated on
attachment #4.
Ordinance 1.35, Section 10, does not allow Planned Study designo.tions
to exceed one year in duration at which time the properties revert
to previous designations , Reclassifying can be initiated by
the Council,Planning Commission or affected property owners.
JJ:jj
))6;
-7 I. , • f, 1.: • . .$ 4 IP!MANUAL . ; cj:;•' •' • LUTH. CHURCH ; > ' • , • , . PRAIRIE (Reverts to R1-22) • / (Reverts to 1-Gen) "If • • ' , • . d • r. •••••n 7 - . :3- •z•4 .. , . - ,, :•• ...•‘• • CR•everts tc) . ,..,... , ,..'::•-:., - - 0 -----, •, • :;' ? q i ri e7,,,..'''''' ' r \ • ' • IT! , . , ! S.,.,..e r --. \. , . •. ,... . ---,-----_41-.........J.:,... ,, ,,,;•-,N ! e7,---,,-„__7'' 4 • .. .. , :::(.1',...1'1'Y c\ t r _n . o-41' • I,' .. (Reverts.' to , , • . .-,,,—.......,•(:•••e•--,------•••": ' •:''‘'..).,,, t•,r,.; ../:-'7. ''...---...--:7,„._' ' - "1" ""' • ,._ ' . . ..- ,... / .• .. _ -- _--,...--,.......Cle.xxien 4- . . , • , , ......:".L.,.,...,..,,........„.../ . 6 _ zs . , . . ...,,,,,,,,;,,,_,/ ..... ,j.,,:]....- • ..':"---.2••••••• +.•E's7 , .1,., .. . _ _ . em ST. .._ ' • 1 , ., , . Reverts toC-H.,...y). (eVerts tp-CLCr,111 -----r, . • ... i ' C 0 R :DEVECOPXENT. • . EZ 4111.0'. .7%1. 4%. )(Reverts to 1-2) i•rt7 1 C. 1 1 FULLER *- - .1, 1 777-Cf... 47.75/ !ri STEWART :* tt L'Atc;
t—.....i •., .0 (-s.N s' ' ' i' - . .. , ' : n'"--":1:- --'4,'-' . :1---;---,--r—,---,)• . .' 4 ''. , • . ,, I., 1 !•:. .. isls&":= ' , i . . , . : , ., . ., ' , '' , • ,.. \t'.',, • • • : iY,.. . . .. ...,• -, IMMANUAL - I. , C.r1 I , 4 ' 2.n • , •G ••/• ; LUTH. CHURCH Zoned Public 1 al '• '1 • ..."' ' PRAIRIE • VILL/E AL C -COM ' • • .1.:zr.1 . e Gardtri • •c..4 - . . „ r--7 'Pk wtsr ?et, • rooSf' "'I -2 PK C.- .1 • • ; . * 1.1 • •••••• • • : ! I / \ • *jH. s 40 ‘,1%9 STEWART At tac hmen t (yir) FULLER I-2 PK .—r •••n." 4 • • (..„•••.5' GEN • • - ' ' • . . t,, •_
• • -',77 II' • ' ' a , r .1. ; : I , • •i ih • At. E# • -kn't"45 . ' ' . ' ,L-1 • , ' ' L. .LS tug' . , • (--4" I ' 4:7-•'S-i..212/.. 07 •arviliA H • • • I C., : smoo' 3LT:4 53,.1 7.; • ' 1 2, ,67 ;:".'•••• '• 6 /
MEMORANDUM
TO: Mayor and City Council
THRU: Roger K. Ulstad, City Manager
FROM: Bob Lambert, Director of Commnity Services
DATE: November 16, 1978
SUBJECT: Joint Master Plan for Anderson Lakes
At the September 18, 1978 Parks, Recreation and Natural Resources Commission
meeting, the staff from Heunepin County Park Reserve discussed with the
Commission the proposed Joint Moster Plan for Anderson Lakes Regional Park.
The staff gave a brief background of the development of the joint tooter plan
and answered questions from the Commission concerning the proposed joint master
plan.
The Metropolitan Council has approved the concept of the joint plan for Anderson
Lakes and approved acquisition of land within the park system. Hmcver, no
develpment mon::!y for any of the portions of the park system will be forthcoming
until the City of [den the City of Bloominc)Lon, and the Henne:.,in ColAlty
Park kesf_. agree on a joint master pian that is approved by the 1.11.r)pol1tan
Council. A motion was made by ore rto Tangen that the proposed joint. master
plan for Hyland Lake Park Reserve, Bosh Lake Park Corridor, Tierney's Wood Park.
and Anderson laise!-, Park revised draft of 1978 Le forv:arded to the City Council
of Eden Prairie for approval, with the addition that on page 7 at the end of the
paragraph it read: a provision should be made to form a coullittee composed of
residents and staif from the Park Reserve District, City of Bloomington and flw
City of Eden Prairie to review the planning process of the park. Motion carried
5-1.
Mr. Cliff French, Superintendent of the Hennepin County Park Reserve; Ni'. John
Christian, Adwinktrotor for the Park Reserve; and Mr. John Sunde, Park Planner
for the Park Reserve will he in attendance at the November 21, 1978 Council meting
to give a brief Backgmind of - the joint hmster plan and to answer any questions
which the Council may have on the proposed joint roster plan revised draft of
September 198.
The staff is not requesting lIe Council take any action on this plan at this time,
but is simply providing more inforlintion on the plan and seeking any direction
the Council may uant to give for final chaiws to the draft. The Metropolitan
Council is requesting kien Pr.-tirie, Bloomington, and H:linerin County Park Reserve
to arrive at a mutually •greeaHe joint master plan as soon as possible so
development can hc:Jin in va ,tou .T. portions of the p it res.:!rve.
BL:md
Proposed Joint Master Plan For
Hyland Lake Park Reserve
Bush Lake Park
Corridor Park
Tierney's Hoods Park
And e rson Lakes Park
Revised
Pratt
Septober 1918
Background
The referenced siies are co:Eponents of the regional recreation open space
system, and, in accordance with Policy 13 of the Regional Recreation Open
Space Policy Plan,
"Tlwre shall be one coordinated master plan for each regimil
recreation open sp a ce site viliich involves mare than one
implocuting a(ioncy. This plan shall be approved by each of
the illOemiting agencies, and shall identify the nature of
each wncy's responibilities for carrying out the compatible
developnt and ore; -Lion of the park."
This proposed joint master plan hos been prepared in coordination with the
City oi oloomington, City ot Eden Prairie, and the Hennepin Count Park
Resf.n .ve District. It is bo!--.ed upon a cor7elation of :Ito oporo ,d
plans for the respective sites, joint studio.; that wore prepared in recent
years, avoilahle data from Ploomington, Eden Prairie and the District, and
other suppcn -tin studies. The map, noted as Exhibit A. is attached to and
considered part of this plon.
Summary of Existing . Site'.. and Plans
Hyland lake Park Ri'serve
Acquired, developed and operated by the Hennepin County Park Reerve
District, the site is approximately 976 acres, plus lake surface of
90 acres for a Ltal arca ol aporoximately 1,066 acres. Existing
use facilitief, inc uda picnic area, nature interpretive center,
group camp, bike/hike trails, ski touring trails, downhill ski
area, ski jumps, and maintenance shop.
gi.,/
Page 2
Acquisition is e:.sentially completed with the exception of one small
parcel at the south boundary and a parcel on the west boundary
adjacent to it
cemetary.
Future developments will essentially he refinercnits and improvements
to the existing facilities and natural resources, and bike/hike
connections to Push Lake, the Corridor, and Bloomington's bikeway
system. Vehicular access ui 11 continue to be from East Bush Lake
Road and fret Chalei. Road.
flush lake Park
clevelopA and operai.,!d by the City O . blocwingt:A -, the
site is approximatel), ?lb acie ,,, plus lake surfaf:e of ?00 acr e s for
a total area of approximately 415 acres. Existing use facilities
include swiir:aing beach, picnic area and boat launch.
t.bst of the acquisition is cv:ipleted. The Rican ton City Council
adopted a policy of acquiring properties located in this regional
park from willing sellers only. Coodemnation is not permitted at
the present time. The unacquired parcels are generally at the north
and northwest shores arid at the south end of the lake where Rest
• Bush Lake Road is to be realined. The revised southeast boundary
is formed by Oreeon Avenue and 11. 98th Street. Realinement of
Fast huh Lake Road (Co. 28) will utilize existing Oregon Avenue.
Page 3
The City's master plan for Bush Lake Park proposes picnic areas
and boat launch on the westerly shore, conservation and interpretive
areas, trails, and ilyrovmants to the existing beach facility, and
trail connections to Hyland Lake Park Reserve and Corridor Park.
Vehicular access to the beach 011 continue 0 be from East Rush
Lake Road, with future access to picnic areaS and boat launch from
Best Bush Lake Road.
Corridor Park and Tierney's Woods Park
Acquired, developed and operated by the City of Bloomington, this
area is approximately 317 acres extending fra:a fast Bush Lake
Park
Poad west to and in,ludiag Roods/ead the north 'shore of
Fast Anderson Lake. The oily existing use facility is tho bikeway
segment from Cast Hush Lake Road west to Lea Road. The width of
the corridor is variable.
Acquisition is nearly cualpluted except for certain parcels along
Forest Glen Road, Best Bush Lake Road, and the west shore of East
Anderson Lake.
In accordance with the City's master plan for Corridor Park and
Park
Tierney' s Woods! tic primary emphasis is conservation and interpretation,
with access by trails that will link up with Anderson Lakes Park,
Ryland Lake Park Reserve, Rush Lake Park and Nine Mile Creek.
Page 4
Anderson lakes_Park
Acquired, developed and operated by the City of Eden Prairie, th
e
overall site is approximately 302 acres surrounding the two Ande
r
s
o
n
Lakes in Eden Prairie. Total surface area of the two lakes is
approximately 260 acre:„ thus a gross area of about 568 acres.
Acquisition is approximately GfE; completed. So!.,e parcels are no
w
i
n
condemnation, and the shoreline protection corridor along the w
e
s
t
and north shore are being acquired by dedication.
The City's mastcn - 1,1 fl for Anderson Lakes Park emphasizes conserva-
tion and intcniirctation and calls for Anderson Lakes Park be
developed into an '.nterpretiv;' area. Thz plan iccicJes
access by bike trail at the southeast corner of the site and a hi
h
e
pedestrian connection to Bloomington at Amsden Road. Vehicular
access will he Iron Anderson takes Parkway (Paasden Poad).
Joint Master Plan - Develoran! Concept
On the basis of correlating the existing plans, analysis of the
resource characteristics and functional potentials of the sites;
and with the objective of achieving a coordinated, viable, overa
l
l
plan for developwent, use and management., the follming concep
t
i
s
reconpended. Al o see Appendix and Fxhibit A.
Page S
Trails
The cmponents will be linked by a system of bike/hike trails
and bikeways. Many segments of the trails will also be suited
to ski touring which will extend the period of public use to
all seasons of the year. A total of approximately 15 miles of
interconnecting bike/hihe/ski tour trails can be achieved
(excluding the peripheral bikeway connectors).
In
Interpretive programs will emanate from the existing Richardson
Interpretive Area in vland Lake Park Reserve and the proposed
Illacklock Interpretive Area in Anderson Lakes Park. "F`Tse
programs will be coor6inted to prevent Owplication and to
assure program quality. trailside interpretive facilities
will be provided.
Grade Separated Trail Crossings
For maximum trail continuity and safety, grade separated trail
crossings most be incorporated with the planning process for the
upgrading of County 18 and Last Bosh Lake Road. Safe, on-grade
crossings must be provided at all other conflict points.
I
Page 6
Implementing .Aencies/Jurisdiction
To achieve maximum coordination and continuity of acquisition,
developmont and operations, the following consolidated management
jurisdictions are proposed.
Bush Lake Park
Responsibility for acquisition, developoit and operations will
remain with the City of Bloomington.
11)9 and Lake Pal erve
Responsible for acquisition, development and operation7. will
remain with the Hennepin County Park Reserve District.
Corridor Park and Tiernily's Woods Park
Responsibility for the remaining acquisitions, ownership,
development and operations will be asswed by the Hennepin
County Park Reserve District. A joint powers agreement
between the City of Bloominoton and the Hennepin County
Park Reserve District with regard to the transfer of these in-
terests and responsibilities for Corridor Park and Tierney's
Woods Park will be concluded by July 1, 1979.
Anderson lakes Park
Responsibility for the remaining acquisitions, ownership,
developent and operations will be assumed by the Hennepin
County Park Reserve District.
Page
A joint powers agreement between the City of Eden Prairie
and the Hennepin County Park Reserve District with regard
to the transfer of these interest and responsibilities for
Anderson Lakes Park will be concluded by July 1, 1919.
Appendix Attached
API ....ail X
i 13
APPENDIX
DISCUSSION OF ISSUES RELATED TO
JOINf PLANNING AND COORDINATION
WITH BLOMIDGION, EDEN PRAM- AND
HENNEPIN CONTY PARK RESERVE DISTRICT
1. Land Acquisition Status
TOTALS 4. Total land acreage of all components is estimited to he
approximitely 1816 acres of which approximately 1610
acres have been acquired, leaving apdroximately 206 acres
to be acquired. The breakdown is as follows:
(subject. to verification).
Cofppent
Acquired
Hyland Lake Park Reserve
969
Bush Lake Park
200
Corridor & Tierhey's Woods 265
Anderson Lakes Park
176.
Totals 1610
lo Be
Acquired
7
15
52
132
206
Totals,
976
215
317
308
1816 acres
HYLAND S BUSH b. The boundary between Hyland and Bush Lake is revised in
the area From 96th Street south to the cemetery. This is
brought about by agreement on the future relocation of a
segment of East Bush Lake Road (Co. 28) which will improve
the horizontal alignment for better flow of traffic. The
relocation will utilize the existing Oregon Avenue right-
of-way and eliminate the sharp curve adjacent to the
cemetery. As a result all lands east of the mod will
be included in the Hyland Lake Park Reserve and the land
west of the read, south to W. 98th Street, will be part
APPENDIX, Page 2
of Bush Lake Park.
CORRIDOR c. A parcel of about one acre at the southeast end of the
Corridor is retained as life estate to Mr. Mel lo, and
the record shows Mr. Wallo to be the taxpayer and owner.
The land acquired from Mr. Wallo is platted as Runefjell
where the owner "...hereby dohates and dedicates to the
public for public use forever the roads, drainage and
utility easements as shown on the plat.", dated
November 1, 1975.
A quit claim deed crom Mr. Wall° to the City granting a
GO foot permanent road easement is also of record which
describes Forest Glen Road as shown on the plat. There
is a flowage easement owned by the City, and the Runefjell
plat carries a covenant which "prohibits building a
structure that is capable of human habitation." Forest
Glen Road from Last Bush Lake Road to West Bush Lake Road
has been a platted street for a number of years and is also
indicated on the City's Map and Western Area Plan.
Tierjiv2s Wopds
d. The record makes no mention of any restrictive covenants
on the use of the Tierney's Woods property.
Fast And..4 -son
iake (Blekmlinnton) .....
e. Am'Aen Road along the south shore of Last Anderson take
in Bloomington is to be vacated in the future. The vacated
street will then vovert to public ownership which will
) IP)
APPENDIX, Pdge 3
increase the width of the shoreline for parks and open
space purposes.
Anderson lakes f. Time did not permit an exhaustive check on the status
here but a cursory check indicates that certain parcels
are in condemnation in the "Rhinohead" peninsula and in
the southeast quadrant bounded by County Road 13 and Amsden
Road. Status of condemnations is not known at the time of
this writing. Preliminary investigation does not indicate
any restrictive covenants on the parcels that have been
acquired.
Preliminary information hoas that about iltTO lineal feet
of the shoreline has been acquired by dedication on the
west and north shores. The primary purpose is shoreline
protection, and varies in width. Portions of the acquired
strip are indicated as outlets. In the one case on the
west shore, it measures 100 feetj wide and includes a
utility easement granted to Northwestern hell Telephone Co.,
and states in the easement that the City may build a road-
way, parking lot or walkway with asphalt or crushed rock.
There is an apparant covenant relating to the ordinary
high water line, presumably regarding shoreline protection.
lhe rewainder of the shoreline protection corridor apparently
is to be acquired by dedication from the developers of the
adjacent lands. Time did not permit further investigation
or confirmation. The boundary line indicated on Exhibit A
is estimated on the basis of present data.
bust Shore
0.
and North Shore
Anderson Lakes
([den Prairie)
APPENDIX, Page 4
Outlots
h. Several acquired parcels at hush Lake, Corridor, Tierney's
Woods and Anderson Lakes are listed as outlots. Preliminary
indications are that the conditions of use or status of
these outlets will vary from parcel to parcel, and it is
important that this be determined prior to July 1, 1979.
Further Research i. The foregoing discussion relative to land status is based
on a cursory review of the public record. A comprehensive
research of the record will require considerably more time
to confirm any limiting conditions that may exist on the
respective parcels.
2. Trail Circulation Sysm
Functional
Classification
a. The regional portion of the system will serve as "arteria
l
s
"
,
with the other local-municipal sub systems and connectors
serving as "locals" and "collectors".
Ski Touring_ b. Ski touring can be accommodated on much of the system.
Ski touring will not occur directly on the paved bike/
hike surface but will occur adjacunt to it within the
trail corridor.
c. Exhibit A does not attempt to show the detailed foot trail
network which will occur in many areas, i.e. interoretive
areas, toot trails will be included in the site design
Foot Trails
process.
1-)
APPLHDIX, Page 5
Service Vehicles
handicapped
Srrp;rer lot ii 11 ,25
d. The bike/hike trail system must accommodate light utility
vehicles and emergency vehicles - particlarly in the
homey 's Woods and Anderson Lakes areas where vehicular
access will be limited. This will require a minimum
trail tread width of 10 feet plus shoulders. Design
standards for the entire system are subject to the specific
site design development process.
e. Wherever practical and feasible to do so the trail system
will meet barrier-free design criteria to accommodate the
handicapped.
f. Trailside ihterpr-five and support facilities will include
such elements as bendies, weather sholters, drinking water,
comfort stations, information stations (kiosks), observa njon
decks, overlooks, observation blinds, and bike racks to
name but a few examples. The location, quantity and design
of these elements will he determined in the specific site
design development process.
Parkim-guses
g. Vehicular access and parking lots must accommodate HTG buses.
Hyland Extension
h. The bikeway extending from the existing Hyland trail north
to forest Glen Road cud Pith Street will be incorporated
with tha design for the upgrading of fast gush Lake Road.
APPENDIX, !lope 6
East from
ilylanfl
South from
ylend
Forest Glen
i. Bike/hike trail connections to the Bloomington bikeway
system will be provided along the east boundary of Hyland
at 94th Street and in the area of 100th Street subject to
specific site and land use conditions. The existing connection
at 94th Street will remain, however, the condition of the
wooden bridge over the MNAS RR tracks needs to be studied
to determine future improvements.
Similarly, a connection will occur to the south along
County Road 28 which will provide a connection south to
Bred Scott Playfield.
k. Future trail access and parking will he on Fore.t. Glen
Road near East Bush Lake Road. The bikeway will run
parallel along the north side of the road and will not
intrude northward into the interpretive area of the
Corridor. Existing parking at Hyland Hills Ski Area
and Bush Lake Ski Jump will be utilized until additional
facilities are needed.
.1 :494 X' in_g
1. Bikeway will cross over 1-494 at West Bush Lake Road
for connection to Edina's bikeways. Bridge needs study
to determine if modifications are required for safe
bike travel.
APPENDIX, Page 7
Tierney's Woods
faf-82n0
Anderson Lakes
Co. Rd. 28
m. Bike/hike trail will be on the periphery and will not
penetrate the woods. Parking will occur adjacent to
82nd Street. Trail will connect to Anderson Lakes Park
via underpasses for continuity west and east with the
bikeways of both cities.
n. Bike/hike trail will be on the periphery and will not
penetrate the interpretive areas. Connections and
extensions will be made with Edon Prairie's bikeways.
Specific route alinements will be determined in the
project design process. Bike trails will not extend
into the west shoreline protection zone. Connection
to East Anderson Lime will occur via underpass at the
channel.
3. Road/Streets
a. East Bush Lake Road (Co. 28) will be upgraded to become
an arterial with bikeways incorporated with the street
design. Grade separated trail crossings will occur at
Bush Lake Beach and at Forest Glen Road. Until the
street is upgraded the trail crossings will require well
marked, safe, on-grade crossings.
blartil Road b. Interchange locations between County Road 18 and Highway
100 as indicated on Bloomington's Western Area Plan are
subject to further study.
)AJ
APPENDIX, Page 8
W. Bush Lake Road
and 930 Street
County 18
c. Exhibit A indicates West Bush Lake Road (parkway) connecting
directly to East Bush Lake Road (parkway). Route and inter-
section design are subject to further study.
d. County Road 13 will be upgraded. Planning for the road must
be done with the objective of minimal negative impact on the
Anderson Lakes and Tierney's Woods sites. Grade separated
trail crossings must be incorporated with the planning of
the road.
4. Interpretive Program/System
a. The existing Priscilla Morse Richardson Nature Center at
Hyland Lake Park Reserve provides opportunity for inter-
pretation of a diversity of resource features ranging from
small ponds, marshes and regrowth forest to an extensive
stand of native prairie. The center has a full time staf f
of interpreters, f ice and i:leeting rooms. Program emphasis
is on person-to-person contact between interpreter and
visitor.
Richardson
Center
Anderson
Lakes
b. Resources for interpretation at the Anderson Lakes Park are
excellent examples of large lake-marsh biotic communities.
These resources complement the features of the interpretive
area at Nyland.
APPENDIX, Page '9
Bush Lake
Tierney's Woods
Coordination
c. The westerly shoreline of Bush Lake also offers opportunity
for interpretation of large lake-marsh biotic communities
nut. found at the Richardson interpretive area. There arc
extensive patches of lily beds and rush growth that are
available to only a lihrited extent at the Richardson interpre-
tive area.
d. Tierney 's Woods offers a well-developed hardwood forest
of approximately 135 acres. Several impressive specimen
trees can be found there, and the presence of a wide
-variety of forest fauna adds to the interpretive potential.
e. Continued coordination of the interpretive programs will
prevent unnecessary dupl icati on of facili ties and staff
and assure uniforidity of program quality and content.
Other Parks & ()pen Space Areas . .
The implementing agencies recognize that there are other par
k
s
and open space areas that relate to the components of thi
s
j
o
i
n
t
master plan as were indicated in previous studies. They are:
a. Nine Mile Creek: A substantial portion of the creek valley
from the Corridor downstream to the Minnesota River has been
acquired by the City of Bloomington. Some of the principal
park units along the creek ore Mt. Normandale Lake, Nord My
r
,
East and West Marsh Lake and Central Park.
b. Pummtory Creek: Eden Prairie will acquire an corridor
connection from Purgatory Creek to Anderson Lakes Park. Th
e
City is studying the creek valley as potential linear parks
/
- APPENDIX, Page 10
and open space for conservation, protection and trail
c. Minnesota Ili ver: Slum f i cant portions of the six mile
stretch of the river valley from Purgatory Creek downstream
to Nine Mile Creek are now protected for public parks and
open space purposes. Federal, state and local plans indicate
that the remainder of this stretch will come under public
ownership and control in the near future.
d. Viewing the above stream vall eys in total , they tore a
potential circuit of about 30 miles of interconnected parks
and open space.
e. Other Municipal Parks & Open Space: The two cities have
either acquired or are planning to acquire and develop
several parks units or open space systems that are in close
proximity to this joint plan area. Some of the notable
examples are Mt. Normandale Lake (referred to above),
kidgeview Playground, Hyland Greens Golf Course, Warren
Conservation Area, Reynolds Playground, Dred Scott Play-
field, aild Beaver Brook Field.
n
*APPENDIX, Page 11
6. Basis of the Plan
This joint waster plen is based on the correlation of the approved
master plans for the respective sites, joint studies that have
been prepared in recent years, current data from the implementing
agencies, and other supporting studies. The following is a
chronological summary of the principal joint planning documents
that have been prepared.
a. proposed Anderson Lakes - Tierney's Woods County Recreation Park,
1969: This was a focus on only the Anderson Lakes and
1Te7-14-1,0s area for the purpose of select::-.A a boundary
for acquisition of a County 1 -:::•,-reation Park (Regional Park)
of approximately 500 acres. The study was •[,,71red by MCPRD
in coordination with both Cities and Metro as a result of
the fact that the opportunity to achieve a park reserve of
some 150 acres had been lost, and in response to recowmendations
from Metro. The study included site analysis, boundary
selection and development/use concept. Proposal by MCPRD
to establish a park reserve occurred in 1965.
U. Proposed Sub-Regional Parks & Open Space System for Hyland,
Like-Anderson talses - liernev's Woods, 1971: ibis included
a sub-regional resource inventory, a use concept plan for
the sub-region, and a use concept plan for they Hyland -
Anderson - Tierney's area. The sub-region study area
encompassed an area bounded by the Minnesota River, Nine
APPENDIX, Page 12
Mile Creek, 1-494 and Purgatory Creek. The resources
inventory and study included the lakes, river, creeks,
soils, forest cover, watersheds and slopes. It was
prepared by HCPRD in coordination with the two Cities, the
Preserve, Watershed Districts, and Metropolitan Council.
c. Prgposed Agreement Between the City of Bloomington, City
of Eden Prairie and the Hennepin County Park Reserve District
and Joint Master Plan for Hvland/Bush/Anderson/Corridor CetTlex
March 197G:
This proposed agreement stated that the joint master plan
1-, 70 ' •••?=-' "
guideline for the acquisition, development and operation
of the respective sites. It was prepared by MCPRD in coordina-
tion with both Cities and Metropolitan Council.
MEMO
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Penzel and Members of the City Council
Roaer Ulstad, City Manager
Carl Jullie, City Engineer
November 17, 1978
Bids for Sewer Jetting and Eductor Machines
and Rotary Mower
Specifications have been prepared for the proposed purchase of the follo
w
i
n
g
maintenance equipment:
Jetting machine for cleaning sanitary sewers....est. cost - $30,000
Eductor machine for cleaning manholes and
drainage pipes and ponding areas est. cost - $27-35,000
Tractor and mower for roadside cutting est. cost - $19,000
The complete specifications are on file in the Engineering Department of
f
i
c
e
s
.
Alternate bids for diesel engines will be specified. The jetter and ed
u
c
t
o
r
would be paid for from the sewer maintenance fund, and the mower from t
h
e
street maintenance fund. Delivery and payment would be in 1979. By ta
k
i
n
g
e•A -re.11-v •
Dies in Iwo, we Lail OVUIU vs,,,
receiving bids is 10:00 A.M. December 12, 1978.
Recommend City Council approval of the specifications for the jetter,
e
d
u
c
t
o
r
and tractor mower and ordering advertisement for bids.
CJJ .: kh
27/1-,
November 21, 1978
STATE OF MINNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
11-01-78 2112
HOPKINS POSTMASTER
11-03-78 2113
INTERCONTINENTAL
PACKAGING
2114
OLD PEORIA CO.
2115
JOHNSON BROTHERS
2116
ED PHILLIPS
2117
QUALITY WINE CO.
2118
KIWI KAI IMPORTS
11-06-78 2119
IDS OBSERVATION DECK
2120
MARSHA FICKES
2121
SANDY WERTS
11-07-78 2122
DIANNE HANSOM
2123
U. S. POSTOFFICE
2124
PETTY CASH
2125
U. S. POSTOFFICE
2126
POSTMASTER
11-09-78 2127
TWIN CITY WINE CO.
2128
JOHNSON WINE CO.
r rt..iffst 4.-.^.5 ';''C"r "1.174\7 C41 ft VI .1, tV ,It
11-13-78 2130 PUBLIC EMPLOYEES
RETIREMENT ASSN.
2131 FEDERAL RESERVE BANK
2132 UNITED WAY
2133 HOPKINS POSTMASTER
2134 STATE OF MINNESOTA
2135 METROPOLITAN WASTE
CONTROL COMMISSION
2136 AMERICAN CANCER SOCIETY
11-17-78 2137 ASTLEFORD EQUIPMENT
2138 EARL ANDERSEN
2139 ADVANCE AMBULANCE
2140
AKINS FIRE EQUIPMENT
2141
BLOOMINGTON CHRYSLER
2142
BRYAN AGGREGATES
2143
BUSINESS FURNITURE
2144
BROWN & CRIS, INC.
2145
CITY OF EDINA
2146
BRIAN CLUTS
2147
CIMHASSEN AUTO PARTS
2148
COPY EQUIPMENT, INC.
2149
CENTURY FENCE CO.
Postage for mailing Precinct maps
Wine
Liquor
Wine
Liquor
Wine
Wine
Tickets-Community services dept.
Mileage-Community Development project
Mileage
Reimbursement for supplies-City Hall
Stamps for Public Safety dept.
Reimburse fund-City Hall
Postage for utility bills
Postage for newsletter
Wine
Wine
ofhar y-Ptik dept.
Employees wilicnieWlairgp70eW .""
contribution 10-10 -payroll
Taxes withheld 10-10 payroll
Donations withheld 10-10 payroll
Postage for meter
October sales tax collected
October SAC charges collected
Donation ,
Equipment parts
Signs for City Hall parking lot and
Street Maint. $374; Post for marking
water hydrants$831
Resuscitator-Fire dept.
Fire equipment
Equipment parts
Rock-Street maint. and Park dept.
Repairs-Public Safety dept.
Service-Edenvale community development
project
Water test
Refund of overcharge on permit
Equipment parts
Supplies-Engineering dept.
Fence for Preserve Park community devel.
project
449.50
748.65
392.84
278.19
2,909.94
20.11
60.40
9.50
24.15
11.40
41.86
75.00
71.62
25.00
406.14
226.93
342.16
24.00
6,472.40
8,179.56
27.12
1,000.00
2,399.99
43,560.00
15.00
73.01 ;
1,205.34
249.25
3,680.60
24.34
2,439.31
79.00
105.00
76.00
100.00
155.50
22.39
484.20
rLYY
7/
Repair to cooler 27.00
Ome-Water dept. 5,194.40
Salt.treet Maint. 2,865.63
Cleaning Leoplies-City Hall 107.44
Gym supervisor-Community services dept. 6.00
Ferric sulfate-Water dept. 1,057.00
Mileage-Tree disease utpt. 71.55
Materials 402.31
Legal services IR, 120.00
Paint-Preserve Park community deve1oPS2t
project yy. 137.00
Equipment parts ,L445
Equipment repair service and parts 292.z_N ,
Batteries 84.93 ''''-,,
Maintenance-Water dept. 117.00
Mileage-Election and general services 16.80
Election services 142.63
Mileage-Park Planning dept. 23.10
Supplies 245.10
Supplies-Fire dept. account 4.36
Supplies 48.63
Services 450.00
Legal services 4,212.21
Refund on ballet-Community services 14.00
Insurance 1,249.00
Repair parts-Water Dept. 1,020.27 .. , - .—r. ,
suppi ies-wty garage
Repairs-Water plant 539.00
Laundry 99.90
Repair service 212.27
Insurance 958.73
October services
Two plows-Street Maint.
Service
Tires and repair service
Supplies-Fire dept.
Trees-Tree Disease dept.
Business cards-Public Safety dept.
Oxygen-Fire dept.
Repair service
Printing service-Krahl v. Nine Mile Creek
Watershed district.
590.50
8,496.00
253.92
2,037.79
97.24
2,512.75
45.00
39.13
231.61
428.42
Bond payments
229,711.00
Service
11,334.67
Service
2,113.51
Legal service
Insurance
Refund on ballet-Community services dept.
Refreshments for breaktime fun-Comunity
Services dept.
2,868.55
3,940.50
7.00
2.53
November 21, 1978
11-17-78 2150 CARLSON STORE FIXTURES
2151 CUTLER-MAGNER CO.
2152 CARGILL SALT DIVISION
2153 DALCO
2154 LOUIS FOLWICK
2155 FEED-RITE CONTROLS
2156 STUART FOX
2157 FRONTIER LUMBER
2158 GREEN, MERRIGAN &
JOHNSON
2159 GLIDDEN PAINT
2160
GOULD'S
2161
GUY'S AUTO SUPPLY
2162
GRANT BATTERY SALES
2163
HONEYWELL
2164
DIANNE HANSON
2165 BARB HABERMAN
2166
JAMES JENSEN
2167
KARULF HARDWARE
2168
KARULF HARDWARE
2169
KRAEMER'S HARDWARE
2170 ROBERT LAPIC
2171 LANG AND PAULY
2172 ELAINE LUCHANSKY
2173 M. E. LANE, INC.
2174 IAYWF MINNESOTA CO.
2175 PAIRICK C. LuLY
2176 GUST. LAGERQUIST
2177 LEEF BROTHERS
2178 MAYVIEN RADIO
2179 MEDCENTER HEALTH PLAN
2180 METROPOLITAN ANIMAL PATROL
SERVICES, INC.
2181 MACQUEEN EQUIPMENT, INC.
2182 MINNEGASCO
2183 MODERN TIRE CO.
2184 METROPOLITAN FIRE EQUIP.
2185 MCKAY NURSERY CO.
2186 METRO PRINTING
2187 MEDICAL OXYGEN
2188 NORTHERN AUTOMOTIVE CO.
2189 NORTHWEST BRIEF PRINTING
2190 NORTHWESTERN NATIONAL
BANK
2191 NORTHWESTERN BELL
2192 NORTHERN STATES POWER
2193 PERBIX. HARVEY, SIMONS &
THORF1NNSON
2194 PHYSICIANS HEALTH PLAN
2195 JUDY PEARSON
2196 PENNY": ir6
November 21, 1978
1-17-78 2197 W. G. PEARSON, INC. Rock-Street Maint. 3,784.25
2198 PEPSI-COLA CO. Pop for machines 112.90
2199 ALEC RUTH Supplies-Street Maint. 83.00
2200 JENNY ROWELL Trip to nature center-Community services
1.00
2201 SUN NEWSPAPERS Employment ad-Park dept. 12.00
2202 ST. REGIS PAPER Culverts-Drainage control 22.97
2203 G. M. SCHWANKL Extinguishers-Park Dept. 192.00
2204 SEARS ROEBUCK Grinder wheel-Park dept. 6.04
2205 SUBURBAN AUTO ELECTRIC Repair service 65.28
2206 GORDON SMITH CO. Fuel and parts for equipment 1,368.69
2207 VOID CHECK
2208 SPS COMPANIES, INC. Legs for reference tables-Building dept. 48.12
2209 W. E. NEAL SLATE CO. Services-City Hall addition 479.16
2210 TRI-STATE MACHINERY CO. Bobcat rental-Tree Disease dept. 911.02
2211 TOWNS EDGE FORD, INC. Equipment repairs and parts 238.81
2212 ROGER ULSTAD Meeting expenses 44.10
2213 UNIFORMS UNLIMITED, INC Uniforms-Fire and Public Safety dept. 429.01
2214 HAL WELDIN Expenses and reimbursement for supplies-
Community services dept. 12.50
2215 XEROX CORPORATION Service-City Hall 179.53
2216 ZECO CORP. Equipment parts 20.94
2217 ZIEGLER, INC. Cutting edges-Street Maint. 2,013.96
2218 RIEKE-CARROLL-MULLER Services-Super Value Swr; Frani° Rd. Swrb
ASSOC., INC.
Wtr; Eden View I; Street Imp. Nygren Est.;
Norseman Pk 2nd Add.; Well Pumphouse #3;
fvf-,so n
St&Wtr Country Vista; Amco on TH169;
', T, SwrYIty trunk
Round Lake area
2219 MY CHEESE SHOP Food for Election judges 132.04
2220 PIONEERS CLUB Addressing envelopes for the HAPPENINGS 15.00
2221 EDEN PRAIRIE LIONESS CLUB Addressing envelo
p
e
s
f
o
r
t
h
e
H
A
P
P
E
N
I
N
G
S
15.00
2222 BEER WHOLESALERS Beer 2,739.90
2223 COCA-COLA COMPANY Pop for Liquor store 209.20
2224 DAY DISTRIBUTING CO.Beer 1,458.20
2225 EAST SIDE BEVERAGE CO. Beer 946.75
2226 GOLD MEDAL BEVERAGE CO. Pop for Liquor store 69.60
2227 LEDING DISTRIBUTING Beer 1,701.90
2228 PEPSI-COLA CO. Pop for Liquor store 118.90
2229 ROUILLARD BEVERAGE CO. Beer 119.13
2230 THORPE DISTRIBUTING CO. Beer 1,772.30
2231 JOHNSON BROTHERS CORP. Contract-Eden View I 14,507.92
2232 RICHARD KNUTSON, INC. Contract-St&Wtr trunk Round Lake area
and Street Imp. Nygren Est.
8,309.93
2233 A & K CONSTRUCTION, INC. Contract-Well Pumphouse #3
11,519.10
2234 G. L. CONTRACTING, INC. Contract-Well Pumphouse #3
26,136.00
2235 NORTHDALE CONSTRUCTION CO. Contract Amco on
T
H
1
6
9
, 7,053.04'
2236 NORTH CENTRAL UNDERGROUND Contract-Crosstow
n
I
n
d
.
P
a
r
k
26,650.66
2237 ESS BROTHERS & SONS, INC. Supplies-Preserve P
a
r
k
C
o
m
m
i
n
i
t
y
Development project
40.00
2233 MARVIN LEITHE Permanent easement
545.11
TOTAL
494,419.33
MEMO
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Penzel and Members of the City Council
Roger Ulstad, City Manager
Carl Jullie, City Engineer
November 17, 1976
Street Right-of-Way Acquisition
Cul-de sac on North Hillcrest Court
Marvin Lei the Property
Mr. Marvin Leithe, 15521 North Hillcrest Court, has requested that the
City acquire a permanent easement from him as a replacement for the
existing temporary easement for a portion of the cul-de-sac which covers
the northwesterly edge of his lot as shown on the attached drawing.
In 1969 the City accepted the temporary easement covering this cul-de-sac.
At that time it was probably anticipated that the road would eventually
continue easterly across Purgatory Creek and connect to other roads in the
Edenvale area. Now it is clear that given the platting approved and developed
in Edenvale, this cul-de-sac must now become permanent.
Mr. Leithe is agreeable to compensation at the rate of 26.5t ;.1r square foot
for the permanent easement reouired. This is the same rate used for right-of-
„Nvr,RjeThreier_the recently completed sewer and water project in the
Eden View area. Wed1"4.1R3WW4:11'!",,,,,ez-,-,4'A.ItPf.7;Trprty
west of Mr. Leithe's request will probably be asking for compensation at the
same rate for that portion of the cul-de-sac which crosses their property.
This additional amount would be about $90.
It is reconmended that the Council authorize payment to Mr. Leithe and the
owner to the west, if required, for permanent easements at the rate of 26.5t
per square foot, covering the cul-de-sac right-of-way crossing their prop-
erties on North Hillcrest Court.
CJJ:kh
Attachment
• • ,
70 0
trsbS s-rtro •)-igs Ls,Ye 6 IL) J5120--)1t1 .ory trSst Z/0/_//.// ,0V p zia) s SyJ/209 71/ y cycy -/// /07 0 2 —Ts
TO: All Applicants
FROM: City of Eden Prairie, Minnesota
RE: industrial Development Revenue Bonds
All applicants for Industrial Development Revenue Bonds must
submit the following material in duplicate to the City Clerk.
1. The attached application 0 g n.c
re.
2. A letter from the applicant. agreeing to pay all the City's
costs incurred with respect to this application and/or
the issuance of bonds Pursuant thereto, whether or not
bonds are issued.
3. Proposed resolutiongiving preliminary ioproval to the
project, anproved as to form by the City .Attorney.
4. Proposed application to Commissioner of Securities along
with a proposed statement of the purpose of the proioct.
5. Letter from purchaser of bonds or note (either underwriter
or private placement purchaser) representing to the, City
that it has evaluated the financial ability of the
applicant and it is of the opinion that the annlicant
has the financial. and management capability to fulfill
the obligations to he imposed by the proposed transaction.
6. Letter from Bond attorney that he is oropared to grant a
love] able preliminary opinion relating to (ee gualificat ion
of the project under the Minnesota Municipal Industrial
Development Act, Minnesota Statutes, Chapter 474 as
amended.
7. All documents must be °resented to the City Attorney at
least two weeks before the council meetiLg at which
approval is and presented to the City Clerk at
least one week prior to that date.
Applicants are advised that the operative documents of the bond
transaction must include the following:
1. A statement from the underwriter holding the City, its
officials and employers!,, harmless of any error, misstatement
or omission in any official. statement.
2. Applicant shall indemnify the City, its officers and emnloyees
from all liability, damages or costs incurred in connection
with the issuance of the bonds.
3. The opinion of bond counsel shall include a renresent-
ation that no registration is required under the 1933
Securities Act, the 1934 Securities Exchange Act,
the 1 939 Trust Indenture Act, or any Blue Sky T.rod,
or I such roqintr,gion or qualification is required that
it has been done in full compliance with the refercnced act.
4. The opinion of bond' counsel must approve as correctly
stated, without material omission, any characterization
of the legal proccedinos contained in the official
statement.
5. The opinions of bond counsel and applicant's counsel shall
be addressed to include the City.
6. In the case of a private placement, the Purchaser must
warrant that no public sale or offer of the bonds or
notes will be made.
7. The City will make only the following representations,
warranties and covenants in the operative documents to the
bond transaction:
a. The City will covenant that it will cause prompt
payment of or and interest on the bonds
to be made solely from the source specified in
the bond transaction (i.e. Loan A•greement).
Ia. The City will covenant that it will faithfully
perform all covenants contained in the operative
documents and that it is duly authorised pursuant
to the Constitution and laws of the State to
participate in the bond transaction.
c. The City will covenant that it will execute such
instruments of further assurance as a proposed
trustee may reasonably reouire for the better
assuring, transferring, conveying, Pledging,
assigning, and confirming to the trustee the
rights assigned in any of the operative documents.
d. The City will represent that the project has boon
approved by the Commissioner of Securities of
the State of Minnesota.
e. The City will represent that the issuance Of the
bonas and the performance of the agreements
pursuant thereto have been duly authorized by
the City.
f. The City will represent that to finance the cost
or part of the cost of the project, the City
proposes to issue its bonds as provided for in
the operative documents to the transaction.
The applicant is responsible for submission of all necessary
documents to the State Commissioner of Securities for his approval.
If a public offering of the bonds is contemplated, the
underwriter must submit the additional following information:
1. The underwriter must warrant and represent to the City
that it. has examined the financial condition of the
applieant and that there will exist a "minimum coverage"
of ?X the principle and interest due earned annually
the previous year before taxes. For example, a $1,300,000
issue requites approximately 1/5,000 in annual principle
and interest Payments. Therefore, $250,000 must have been
earned before taxes by the company the previous year.
"kt
2. The underwriter must warrant and represent that the •
applicant possesses a demonstrated record of 'yearly
increases in earnings prior to taxes.
3. The underwriter must warrant and represent to the City
that the appraised value of any building which is part
of the project, based on fair market rental value, is
equal to or exceeds the total amount of bonds and
interest due.
CITY OP EDEN PRAIRIE, MINNESOTA
Application for
industrial Development Bond Project Financing
1. Applicant:
a. Business Name -
b. Business Address -
C. Pusiness Form (corporation, partnership, sole Proprietorship,
(tc.) -
d. State of Incorporation or organization -
e. Authorized Representative -
1. Phone -
2. NAME(S) AND ADDRESSES OP MAJOR STOCKHOLDERS OR PRtNCIPALS:
a.
b.
C.
3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC .
4. DESCRIPTION OF PROJECT
a. Location and intended use:
b. Present ownership of project site:
C. Names and address of architect, engineer, and 9eneral
contractor:
5. ESTIMATED PROJECT COST FOR:
Land
nuilding
Equipment
Other
Total •nnn
City of Eden Prairie, Minnesota
Application for Industrial Development
Bond Project Financing
Page Two
6. BOND ISSUE -
a. Amount of proposed bond issue -
b. Proposed date of sale of bond -
c. Length of bond issue and proposed maturiti
e
s
-
d. Proposed original purchaser of bonds -
e. Name and address of suggested trustee -
f. Copy of any agreement between applicant a
n
d
o
r
i
g
i
n
a
l
p
u
r
c
h
a
s
e
r
-
g. Describe any interim financing sought or
a
v
a
i
l
a
b
l
e
-
h. Describe nature and amount of any permane
n
t
f
i
n
a
n
c
i
n
g
in addition to bond financing -
7. BUSINESS PROFILE -
a. Are you located in the City of Eden Pra
i
r
i
e
?
h. Number of employees in Eden Prairie?
i. Before this project?
ii. After this project?
C. Approximate annual. sales -
$
d. Length of time in business
in Eden Prairie
e. Do you have plants in other locations? If so, where?
f. Are you engaged in international trade?
8 NAMES AND ADDRESSES OF:
a. Underwriter -
City of Faen Pratrie,
Application for industrial Development
Bond Project Financing
Page Three
i. fins preliminary financial analysis by underwriter
required by City policy been completed and attached
to this application?
ls underwriter's letter of intent to commit attached
to this application?
(DOTS that application is incomplete
if either of the above is missing)
b. Bond Counsel -
C. Corporate Counsel -
d. Accountant -
9. WHAT IS YOUR TARGET DATE FOR:
a. Construction start -
h. Construction completion -
App ii cant
Date
FOR FURTHER INFOR,1ATION, CONTACT:
10. Zoning - to be completed by the city plannino department.
a. Property is 700ed -
b. Present ?Oiling (is) (is not) correct for the intended use,
c. Zoning applicat ion received on for
which is correct. for the intended USe.
d. Variances tenured -
TO: Mayor and Council
THOU: Roger Ulstad
FROM: John Frane
DATE: November 15, 1978
RE: Selection of Auditors for the 1978 fiscal
y
e
a
r
.
As directed by the council the city requested
p
r
o
p
o
s
a
l
f
o
r
t
h
e
1
9
7
8
a
u
d
i
t
.
Eight CPA firms were contacted with the follo
w
i
n
g
r
e
s
p
o
n
s
e
s
.
FIRM
RESPONSE
Ernst and Ernst
Declined to propose
Fox, Mc Cue & Murphy
46000
George M. Hansen Company
$5400
Haskens & Sells
Declined to propose
Robert Lapic
$5000
Moen and Penttila
$5840
Peat, Morwich
Declined to propose
Strand & Roe
Could not have report until 6/15/79
Materials submitted by the firms is attached.
2 PI•
PROPOSAL TO PROVIDE AUDITING SERVICES
FOR THE
CITY OF EDEN PRAIRIE, MINNESOTA
TABLE OF CONTENTS
?age
TRANSMITTAL LETTER
1
AUDITING SERVICES TO MUNICIPALITIES
2
APPROACH TO TBE ENGAGEMENT
3
FEES
4
RESUMES
5
(JO
AUDITING SERVICES TO MUN1C1PAL1TIES
Mr. Fox and Mr. McCue served several governmental agencies while employed
by Ernst & Ernst. Included among their experiences are
City of Edina
City of Apple Valley
City of Anoka
Owatonna Public Utilities
City of St. Paul Port Authority
The cities of Edina and Apple Valley are members of and use the service
of LOGIS, which would enable us to be familiar with your accounting
system from the outset of the engagement.
We invite you to explore the quality of service we provided these clients.
Please feel free to contact the following:
J. Dalen, Finance Director City of Edina
R. Asleson, City Administrator City of Apple Valley
W. G. Gruenhagen, Superintendent Owatonna Public Utilities
J. Envy, Office Manager Owatonna Public Utilities
(a
APPROACH TO THE ENCACEMENT
Our examinations are conducted in accordance with generally accepted
auditing standards and they, accordingly, include such tests of the
accounting records aod such other auditing procedures as are considered
necessary in order to permit us to express an opinion on the financial
statements, Preliminary audit work would he completed prior to December 31,
1978, while year-end work would be coordinated with the closing schedule of
the City. The completed report will be in your hands approximately April 30,
1978. The specific audit is generally divided into four phases:
Planning., the Engagement - This phase is completed as soon as
practicable and includes: (1) review of reports and working
papers of predecessor accountants; (2) a comprehensive review
of internal controls and accounting procedures; (3) development
of a specific audit pro;ixam; (4) making arrangements for work
which may appropriately be performed by accounting personnel.
(preparation of certain supporting schedules, etc.) and setting
a timetable for the engagement.
Performance of Preliminary Work - This phase is completed prior
to year-end and includes: (1) testing internal controls by
examination of detailed transactions (2) performing all work
in the examination of accounts that might possibly be accomplished
prior to year-end: (3) review of the planned finaucial statement
format.
Year-End Work - This phase includes: (I) completion of the balance
of work in the examination of accounts; (2) a closing conference with
the Finance Deoartment to review drafts of financial statements and
our report thereon, and to discuss our findings and recommendations.
Delivery if Reports - Reports to be delivered would includet
(1) Accountants' Repartt (2) :t Management Letter noting our
observations, comments and recommendations based on our review
of the system of internal control and accounting piocedures;
(3) other reports as maY be apuropriate.
A very real part of our professional obligation is to assist our clients in
carrying out their responsibilities in an efficient manner. This obligation
has led us to use the audit process not only as the basis for our opinion
regarding our clients' financial statements, but also as a means by which
to provide them with constructive management ideas.
We would expect to meet ultl: the City Council at the completion of the
audit -, in addition, we would be available for any other meetings that the
Council might desire. We feel tIsit this is a critical part of the communi-
cations necessary for any successful audit.
FEES
Our estimated fees are based upon what we anticipate to be the recurring
time requirements for the proposed examination. They do not include a
provision for time to review the City's accounting procedures or to acquire
necessary background Information that would be normally incurred in our
initial audit.
We would be willing to absorb these initial costs with the expectation the
engagement would continue on an annual basis, assuming the Council finds
our services to be of the high caliber whieh we expect to render and our
fees to be within competitive limits.
Charges for fees are based upon rates applied to the time expended in
performing services and nut.-of-pocket expenses. Our rates are similar to
those of competitive public accounting firms.
Of course, it is very difficult to anticipate a fee without being more
familiar with accounting procedures and internal controls existing in the
City of Eden Prairie, but based upon audit engagements performed for
comparable municipalities, we would expect the fee to be apProximately
$6,000.
4 0
RESUMES
John E. Fox, age 32, is a graduate of the College of St. Thomas with a BA
degree in Accounting. He is a life-time resident of the Twin Cities and
was previously employed by Ernst & Ernst for ten years. He served as a
Manager on the Audit Staff with Ernst & Ernst and served a variety of types
of clients including the areas of communications, insurance, governmental
agencies and manufacturing. He is a CPA and a member of the Minnesota
Society of CPAs and currently serves as a director of the St. Paul Chapter
of the National Association of Accountants. Other organizations in which
he is active include the American institute of Certified Public Accountants,
The Insurance Accounting and Statistical Association, and the Financial
Advisory Committee for St. John's Prep School in Collegeville, Minnesota.
John is married and has two children and lives in Bloomington, Minnesota.
William M. McCue, age 33, received a BS degree from the University of
Minnesota and an MBA degree from Mankato State University. Bill is a member
of the American Institute of Certified Public Accountants, the Minnesota
Society of CPAs and the National Association of Accountants. He presently
serves as a member of the Ethics Committee of the Minnesota Society of
CPAs, is manuscr;pt director of the Minneapolis Viking Chapter of the
National Association of Accountants and is a member of the Shakopee Lions
Club. Bill was previously employed by Ernst & Ernst for the last seven
years, serving as a Manager on the Audit Staff. His experience includes
agri-business, governmental, financial and manufacturing engagements. He
is married, has three children and lives in Belle Plaine, Minnesota.
James S. Murphy, age 34, received his BS degree in Accounting and Economics
from St. John's University in Collegeville, Minnesota and an MBA from the
University of Minnesota. Jim is a member of the American Institute of
Certified Public Accountants, The Minnesota Society of CPAs and the Viking
Chapter of the National Association of Accountants. He serves as co-chairman
of the .Cooperation with Attorneys Committee for the Minnesota Society of
CPAs. Jim had eight years experience with Ernst & Ernst, six of which
were on the Audit Staff and two in the Tax Department. During the past eight
years, he has serviced clients regarding both audit and tax situations in
a variety of industry areas, including transportation, manufacturing,
construction and agriculture. Jim is married and makes his home in
Minnetonka, Minnesota.
't0
GEORGE M. HANSEN COMPANY
(crtrfiedId, Accountant(
175 EOL/TH PLAZA IHJILL ,ING WAYZATA LIOULl YARD AT HIGHWAY 100
MINNEAPOLIS. MINNLSOTA 55416
546-2556
October 20, 1978
The City Council
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Dear Councilmembers:
We are currently planning our fall and winter work program and would appreciate
an indication that we may be invited to conduct the 1978 audit of the City as
we have in past years.
We would perform an audit of the balance sheets of the various funds of the City
as of December 31, 1978 and the related financial statements for the year then
ended. The audit would be perfornwd in accordance with the procedures established
by the State Auditor and the American Institute of Certified Public Accountants.
These procedures are compatible with the pronouncements of the National Council
on Governmental Accounting.
The audit which we will perform will be an examination which consists of a review
of internal control, accounting procedures, and the details of all records, in-
cluding subsidiary records and supporting data as to mathematical accuracy,
propriety and completeness of all transactions on a test basis. The test egamina-
tion presumes that the items selected are representative of all the transactions.
Although such an audit is the one most frequently used today, it will not neces-
sarily discover fraud or defalcation. However, should fraud or defalcation exist,
it may be uncovered as the result of one or more of the procedures applied on a
test basis.
We estimate that our fee will not exceed $5,400. Should our time be less than
anticipated, our fee would be reduced accordingly. It is our general practice to
submit progress billings as the work progresses.
We have enjoyed our relationship with the City during the past years and hope that
we may be allowed to conduct the 1978 audit.
Very truly yours,
J4: gad
Accepted by the City of Eden Prairie
By
J. Gregory Murphy
Title Date
ROBERT J. LAP IC
Certified Public Accountant
32 Tenth Avenue South Hopkins, Minnesota 55343
Robert i. lapic CPA
November 10, 1978
Mr. John D. Franc
Finance Director
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Re: Quote for certified examination
of the City of Eden Prairie's
financial statements for the year
ending December 31, 1978
Dear Mr. Frame:
I appreciate the opportunity to submit a quote for
the certified examination of the City's financial state-
ments for the year ended December 31, 1978. After visa-
ing with you on November 9, 1978 and reviewing your
records, which appear to be in excellent condition, I
believe I have arrived at a reasonable estimate as to
the time required to make the examination, therefore:
I will make the certified examination for a fee
in the amount of $5,000.
Should I be selected as the auditor, I would like to
request that the assignment would be for a three year
period. The fee for the remaining two years negotiable,
taking into consideration inflation and possible increase
in activity in the city's funds. I do not make this a
condition of this year's quote.
I feel comfortable with the city's accounting system
and personnel. I anticipate no unusual difficulties with
the examination.
/^ Y9nys truly,
eg/i/LVTI
Rober0. eapic CPA
MEMBER AMERICAN INSTITUTE Or CFRTIIIU) PUBLIC ACCOUNTANTS
MOEN AND PENTTILA
CENT WILD PUBLIC ACCOUNTANTS
SUITE 203 VALLEY SOUTH BUILDING
MENA, of
AMERICAN INSTITUTE OF CERT IVIELIPUBLIC ACCOUNTANTS
October 25, 1978
6950 WAYZATA BOULEVARD 40121 546.3306
MINNEAPOLIS. MINNESOTA 55426
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota
To Members of the Council:
We appreciate your invitation to submit a proposal for the annual
audit of the City of Eden Prairie for the year 1978.
A. About our Firm
1. We are a local firm and categorized as medium
size (permanently staffed with ten people - five of
whom are certified).
2. Our present staff includes five men who are
heavily experienced in governmental accounting
with experience ranges from five to twcnt-four years.
We have also worked with, and on, municipal audit
engagements involving LOGIS and the related compu-
ter applications.
3. Our employment criteria for beginners asks
three years of public experience with substantial
progress toward the CPA certificate and we do not
hire juniors in training. Our staff participates
annually in continuing professional education pro-
grams and in essence, our firm goal is to provide
Eden Prairie
October 25, 1978
Page 2
a volume of "know how".
B. Background of Experience
1. We currently provide auditing services to the
following entities;
a. City of 13rook1yn Center - 1954 to present
date (converted to LOGIS during 1976) - audit
b. City of Plymouth - 1975 to present date
Audit and special engagement to pro-
vide assistance in determining that all special
assessments from 1965 through 1975 are pro-
per and correctly entered to computer record.
c. City of Spring Lake Park - Year of 1977
2. Also, in the past we have performed services for
the City of Brooklyn Park (1967 through 1975); City of
Blaine (1974); Metropolitan Sports Area Commission
(1960 through 1974).
C. References
1. City of Brooklyn Center - Mr. Paul llobnlund
561-5440
2. City of Brooklyn Park - Mr. Charles Barth
425-4502
3. City of Plymouth - Mr. Ricker - 559-2800
Eden Prairie
October 25, 1978
Page 3
D. Our Proposal
1. Engagements with clients are defined in detail by
engagement letter as tailored to the client's wants and
needs. (We will furnish this audit agreement, if
accepted.)
2. Based on review of previous audit reports and
discussion, we estimate that the charge would be as
follows:
Regular
Personnel Category Hours Rate Amount
Principal (partner) 30 $19. 50
$ 585.00
Senior 280 $17.50
4,900. 00
Junior 75 $15.50
1, 165.00
Clerical
40 $ 5.25 210.00
425 $6, 860.00
Discount: First year time chargeable
to firm education (M & P) ( 1, 020. 00)
Total Charge
$5, 840. 00
3. The proposal is based on an assumption that we will
not encounter any special problems, lack of stewardship,
or unusual circumstances not readily visable which would
require extended examination procedures.
Eden Prairie
October 25, 1978
Page 4
It is usual to include a provision in the engagement
letter whereby the Council is informed immediately of
any special situation calling for an extension of audit
procedure so that the matter can be reviewed with
Council before proceeding.
4. Diary and time records are available to the City
upon request and services are billed upon the conclu-
sion of the audit.
We appreciate your consideration of our firm as auditors and
we thank you for the courtesy extended by City personnel.
If you desire further information, please call.
Respectfully submitted,
Oiva Penttilo
Certified Public Accountant
MOEN & PENTTILA, LTD.
CAMERA OPERATOR'S CERTIFICATE
I hereby certify that the microphotographs appearing on this roll of film are true,
accurate, and complete copies of the original records described below.
Reproductions intended to serve as permanent records comply with standards
established by the Minnesota Historical Society.
AGENCY OF ORIGIN:
RECORD SERIES:
INCLUSIVE DATES/NOS:
CITY OF EDEN PRAIRIE
COUNCIL PACKETS
JANUARY 1977 - DECEMBER 1991
BEGINS WITH:
ENDS WITH:
2/1/94
JANUARY 1978
NOVEMBER 1978
LA
OPERAT R'S
pedr-
CAM SIGNATURE DATE
CMI
CONCEPT MICRO IMAGING MINNETONKA MN
PRODUCING LABORATORY CITY/STATE