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City Council - 12/05/1978
//d - EDEN PRAIRIE CITY COUNCIL / =�3 ' TUESDAY, DECEMBER 5, 1978 7: q"M, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS U. AWARDING THE SALE OF S3,ODO,000.00 OF GENERAL OBLIGATION BONDS lResoiution Nos. 78-225, 78-226, 78-227 and 78-228) l III. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 8, 1978 Page 2812 •IV. CONSENT CALENDAR A. Set Public Nearing on Community Development Block Grant Projects Page 2837 fur 1979 o be held January 15, 1978 8. Right-of-way dedication - Swendseen property west of Washington Page 2838 Avenue C. Street name change, Cartway or W. 184th Avenue to West 180th Avenue Page 2341 lbr3i na nce No. 78-54) D. Annual approval for Joint Use Rental Agreement No. 438 with Page 2843 the Metropolitan Waste Control Coaniss�on E. Approval of plans and ecificatlons and order advertisement for Page 2846 bids for sanitary sewer extension for Super Valu site, I.�. $1-332 Resolution No. 78-223) V. PUBLIC HEARINGS A. Cluff's West 2nd Addition by Hustad Development Corporation, Dr. & Page 2847 Mr•s. (3randt and lt.F ].Request for rezoning from Rural to k1-13.5 on 97 acres(Resolution No. 78-154 and Ordinance No. 78-41) Continued Public Hearing from November 21, 1978 B. Eden Prairie Neighborhood Center, Rarmil Search Corporation, request Page 284E to rezone 14.7 acres from Rural to Comnercia1-Reniona1 Service and preliniinary plat the site. The site is located southwest of Ewen i'rair•ie Center. Uses proposed are: Applebaum's, Savings & Loan and two unknewn. (Ordinance No. 78-56 and Resolution No. 78-216) City Council Agenda - 2 - Tues.,December 5, 1978 V. PUBLIC HEARINGS (continued) C. Thrift-Way Stores, request by Mr. Salzburg to rezone 5.409 acres Page 2864 from Hwy.-Comm. and Rural to Commercial-Regional'Service for a grocery store. The site is located on the north side of West 78th Street and south of Leona Road. (Ordinance No. 78-55) VI. REPORTS OF ADVISORY COMMISSIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS $' Shady Oak Industrial Park by Richard Anderson. Request to preliminary Page 2879 �tlrif plat 27 acres of I-5 Park Zoned property into 4 lots. The property is located south of Claredon Park and west of Washington Avenue. • .. (Resolution No. 78-217) tOr Request from Hustad Development Corporation for a 1-year extension Page 2885 C on rezoning approval for Creekwood single family and double bungalows. VIII. ORD ANCES & RESOLUTIONS © () Q 2nd Reading of Ordinance No. 78-43, Centex Homes Midwest, Inc., Page 2886 • 0, request to rezone 87.4 acres from Rural to R1-13.5 and 0 o ,'.evelopers agreement 2nd Reading of Ordinance No. 78-45, rezoning 13 acres from Rural Page 2898 to C-Regional Service for Menard's, Inc.-, and developers agreement Resolution No. 78-218, final approval for MIDB's for Random Page 2907 Specialties/Allen Resolution No. 78-224, final approval for MIDB's for Circle Rubber Page 2913 Company IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS \1'. Reports of Council Members 43; Report of City Manager Dissolution of Joint Powers Agreement with Suburban Health Page 2926 Nursing Service ;`Report of City Attorney ‘,14;' Report of Director of Community Services 1. :Diseased tree pick up alternatives Page 2930 E. • rt of City Engineer R. ,,'Consider bids for street i rovem�ents on Lotus View Drive I. . Page 2934 an oa , , - eso u ion o, Consider bids for street flusher Page 2936 • ,., -.••••." '•'''''. '...'•'...,....."'-"7;••••":;•:,:';',..-..:•1:•",j';`;',.':',. .,i.;,,;....-.••,i',',11,•:':::•0..', .-:-,,,,,:-..•,:••7•,,,.•:•••••••-.-.•,-,•-••,-,,,,•••-•,,,,••-•:.,,,,. ....,......,..,',..''..'''',,'"'..':",,''':'.?.*.'''''.'''''''''''''''''''',. .,:s.','if!: • • • ' .;.Gtmntcil Agenda - 3- Taes..-IJeenr 5, 1978 E. Raton of City Engineer (continued) 3 }'" iminary plan approval of Hennepin County Flans for Pago 2937. ffic si,nal at on, rRoad 1: y .A. ^ a,:: Parkw: i - ° so tit on No. 8- 1 F. Repo 'of Finance Dirac .•r • • Payment of Claims Nos. 2239 - 2432 page ... ':'i6:'M. NEW' BUSINESS "xr.• ftMENT. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 8, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Director of Community Services Bob Lambert; City Engineer Carl Jullie; Finance Director John Frane, and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: All members present. • • CANVASSING BOARD I. CERTIFICATION OF NOVEMBER 7, 1978 ELECTIONS MOTION: Osterholt moved, seconded by Bye, to certify the election returns as presented by the election judges. Motion carried unanimously. (City Election returns for November 7, 1978 attached as part of minutes) MOTION: Osterholt moved, seconded by Meyers, to adjourn the Canvassing Board at 7:35 PM. Motion carried unanimously. CITY COUNCIL Mayor Penzel called the meeting to order at 7:35 PM immediately following the Canvassing Board. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the "New Business" category: A. Discussion on Ski Nautika, Inc. B. Request to consider hiring an appraiser C. Discussion on Senior Citizens D. Request of Mr. Dvorak relating to Ordinance No. 135 MOTION: Meyers moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. Council Minutes - 2 - Tues.,November 8, 1978 II. PRESENTATION BY COMMISSIONER GAYLE KINCANNON, METROPOLITAN TRANSIT COMMISSION Commissioner Gayle Kincannon, Metropolitan Transit Commission, gave a brief presentation noting that Eden Prairie is served by two bus routes, one coming down Highway #5 and the other on Highway #169 through the Eden Prairie Center. These are both express routes which feed downtown directly. The proposed budget for the MTC, which will be taken to the Legislature, has an implicit understanding in it that there will be an across the board 104 fare increase probably in July • of 1979. Commissioner Kincannon explained pertaining to bus shelters, the MTC does have a policy that says it will build shelters only on corners or sites that have a 40 plus loading count everyday. However, if the MTC stuck to that policy only St. Paul and Minneapolis would have shelters, so the MTC has directed a letter to Eden Prairie indicating that the MTC would like to guarantee Eden Prairie a shelter if Eden Prairie would help in the participation of the cost of that kind of shelter. Therefore, hopefully this would spread around those shelters and make sure that some people other than those people in the heavy use area of MTC's. •service do get this kind of service. Eden Prairie responded by saying there are two potential sites - one in the Eden Prairie Center, which is a new park and ride lot, and the other on the corner of State Highway #5 and County Road #4. Mr. Bellerive, 8050 Timber Lake Drive, regular rider on the bus going downtown, stated one of the prime reasons he located in Eden Prairie was because there was adequate public transportation. Mr. Bellerive spoke in support of a bus shelter on the corner of County Road #4 and State Highway #5. Penzei questioned what kind of schedule does staff see in preparing a formal request to the MTC for such a shelter. City Planner Enger responded the City made such a request a couple of weeks ago, and is awaiting a reply from the MTC. Penzel asked whatskind of participation is the MTC talking about. City Manager Ulstad responded if we could determine a logical site that would provide a minimum of income, MTC would locate the shelter on the same basis that they located a shelter down on Mitchell Road. The City provided the property and MTC provided the shelter. The City will pay for the current to the lighting if it is going to be lighted. John Martinsen, 7225 Eden Prairie Road, also spoke in support of a shelter at County Road #4 and State Highway #5, but requested a little more planning than went into the one at Mitchell Road as people have to park too far away from the shelter, and also the open end of the shelter faces into the wind., Penzel requested when the City investigates additional shelters, we ought to take two things into consideration: 1) the opening of the shelter should consider the prevailing winds, and 2) that the parking ought to be provided closely related to the shelter rather than across the street or around the corner. III. MINUTES A. Minutes of the Special City Council Meeting held Tuesday, September 12, 1978 Pg. 1, 7th para., 6th line, strike "willfil" and insert "willful"; Pg. 3, last para., 4th line, strike "$11 million" and insert "$11.2 million". MOTION: Osterholt moved, seconded by Meyers, to approve the minutes of the September 12, 1978 Council meeting as amended. Motion carried unanimously. { 2I . Coact Minutes - 3 - Tues.,November 8, 1978 B. Minutes of the City Council Meeting held Tuesday, October 3, 1978 Pg. 4, 6th para., 4th line, strike the first "is" in the line. Pg. 6, 6th para., 3rd line, after "residential" insert the word "use". Pg. 8, add to the last paragraph, "to determine if the members feel it has any historical value and to report the findings back to the Council". MOTION: Meyers moved, seconded by Osterholt, to approve the minutes of the �. October 3, 1978 Council meeting as amended. Motion carried unanimously f IV. CONSENT CALENDAR A. Clerk's License List B. Request to set a Public Hearin for December 5, 1978 for BarMil Search Corporation to rezone and plat 11.7 acres C. Resolution No. 78-209, authorizing expenditure of MSA funds for TH 169/I-494 ramp construction, I.C. 51-308 D. Authorization for advertisement of bids for flusher truck E. Resolution No. 78-210, relating to parking on future Dell Road • MOTION: Osterholt moved,. seconded by Meyers, to approve items A - E on the Consent Calendar with the following changes: 1) Oelete the Urban Unit from the Clerk's License List until the November 21st Council meeting, and 2) include alternate bids for a diesel unit for a flusher truck. Motion carried unanimously. V. PUBLIC HEARINGS A. Prairie East 7th, request by Hustad Development Corporation to rezone from Rural to RN 6.5 and preliminary plat approval (Resolution No. 78-106 and Ordinance No. 78-40) Continued from October 17, 1978. John Woodland, Windsor Development Corporation, spoke to their new proposal as outlined in attached letter along with a petition signed by those residents who were in attendance at a meeting held by the proponents. (An additional petition was submitted during the Council meeting which includes more names than those who attended the meeting held by the proponents, which is also attached as part of the record). . , Meyers questioned if the landscaping plan dated 10/11/78 is still in effect. Mr. Woodland responded the landscaping plan will be along the same lines of the 10/11/78 plan but not exactly because of the change in the configuration of the units. Mr. Woodland stated he would be happy to prepare a detailed landscaping plan for the Council's consideration. Pauly questioned if there is going to be a walking path along Linden Drive. Mr. Woodland responded there will be a walking path running south, but not running north. Penzel suggested a minimum connection from the long cul-de-sac southerly to the trail that then goes westerly and to the north into The Preserve. 6+C� . Council Minutes - 4 - Tues.,November 8, 1978 A. Prairie East 7th (continued) City Planner Enger explained Staff has taken a brief look at the new proposal and it is similar to the previous proposal, however, there are some differences regarding circulation, etc. Further that it is found in a townhouse district like this where driveways are short, parking is sometimes a problem. Therefore Staff is making the following recommendations: 1) As no guest parking is provided, Staff recommends that the central spine road be of a 32 foot to back of curb width to allow overflow parking on one side; 2) recommends that none of the driveways be any less than 25 feet in length so that 1 car will certainly be able to park behind each garage without hanging over into the street; 3) recommends that no units occur closer than 65 feet to the lot line; 4) recommends that the front yard setback along Linden Drive of 30 feet be adhered to; 5) reemphasize that the trail from the Garrison Forest area should be of a 6 foot width, 4 inch deep strength asphalt; and concurs with the suggestion that the trail along Linden Drive should be extended to connect with the long cul-de-sac. In addition Staff recommends the trail area be kept in private ownership with right of public easement. landasked re responded he could Woodland accommodate the 32 foot width ofthe roadff M30 foot- setback, the 65 feet to the lot line, and stated he did not wish to comment any further on the private versus public ownership of the trail area. Mr. Woodland also deferred on the 25 foot driveway as the way the drawing is said aid out, 75% would meet the requirements. However, he stated it is very p he could accommodate this. Penzel commented as part of this whole area of the Prairie East additions d be ia commitment nstalled along sCounty made aRoad #18 an the d askedsifdthose turning that lanes llres hadlbeen installed. City Engineer Jullie explained he has talked to Mr. Osterman of lanessasdrequired byttheCorporation andand indicated they would haveinstall the turning done this Fall. Dennis Moore, 10081 Laurel Drive, questioned how the revised plan will affect the stand of birch trees in the southwest quadrant of the project. Mr. Mazarra, Windsor Development Corporation, responded it is their intention to try and preserve the stand of birch referred to by Mr. Moore. Mr. Moore further asked if the proponents would be able to incorporate the recommendations of the City Staff without adversely affecting the setback, either to the Sherwood Estate side or Garrison Forest. Mr. Enger responded prior to thinking about the recommendations he laid a scale on the plan. The central spine road is basically shown at about a 30 foot width currently. The two central units on the north side of the spine road do have driveways that are slightly under 20 feet, but Mr. Enger commented he is only talking about 5 to 6 feet probably one way or the other, and he would contemplate Windsor would be able to accommodate the additional driveway width and road without significantly affecting the northern buffer. Donald Hadd, 9805 Garrison Way, commented when this plan was presented last Thursday by Windsor to the residents, they were assured the minimum setback between their property line and the proposed development would be 70 to 75 feet,, and it was with this understanding they signed the petition. Penzel responded Mr. Woodland earlier stated that his commitment was to 75 feet and he is.sure the Council would want to hold Mr. Woodland to that commit- ment. aGls Council Minutes - 5 - Tues.,November 8, 1978 A. Prairie East (continued) Frank Thomas, 9787 Garrison Nay, felt this proposal is even more positive than a single family dwelling proposal would be. MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 78-106, approving the preliminary plat for Prairie East 7th. Motion carried unanimously. MOTION: Osterholt moved, seconded by Meyers, to give a 1st Reading to Ordinance No. 78-40, rezoning from Rural to RM 6.5 for Prairie East 7th, request by Hustad Development Corporation. Bye stated there has been confusion by the Staff and Council on this particular proposal as to who is the proponent, the 'landowner or the developer. On all of the other proposals such as this one, it is usually the end user that is making the request to the Council. MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a developers agreement incorporating the revised Alternate "B" plan dated November 1, 1978, recommendations of the Planning Staff voiced this evening and also that those recommendations be incorporated into a memo dated today and attached as an exhibit to the developers agreement, that the property along the boundary including the trail be retained under private ownership with a• beblic tweenathess propertynt, that the and the singleter familyinage homesproblem to the north be north resolved,boundary that the landscape plan as it pertains along the abutting properties be incorporated per the 10/11/78 Exhibit "A", and that there is a definite time comnitment betwelanes onRoad 1 before the 2nd County8 e develop on CountyReading. Motion carried unanimously. B. Menard's, Inc., request to preliminary plat 9 lots on approximately 75 acres and rezone 13 acres from Rural approving C- inal Service ceyfor platting,Menard's Lumber Store (Resolution No. 78-204, Ordinance No. 78-45, approving rezoning) City Manager Ulstad explained legal notices have been published in the paper and notices sent to adjacent property owners making them aware of this Public Hearing. Mr. Marvin Prochaska, representing Menard's, spoke to the proposal requesting approval of the rezoning, plat approval, variances for the outside storage and the type of a portion of the exterior building wall coverings. Dan Johnson, Suburban Engineering, displayed a graphic depicting the nature of the site proposed, i.e., trees, soil, elevation, screening and grading. City Planner Enger spoke to the 8/28/78 Planning Commission meeting where this proposal was discussed, and to the 9/11/78 Planning Commission meeting where this proposal was approved on a 4 - 3 vote subject to the 16 items in the updated Staff Report dated 9/i1/78 with the following changes: addition of wood screening fence as part of recommendation No., 1; three faces of main building and accessory building be of brick or embossed concrete; and the addition of the words "if possible" to recommendation No. 11. Enger commented as an update to the Staff Report of 9/11/78, Menard's has been working with the Department of Natural Resources over the last month and a half and many of the concerns voiced in the 9/11/78 Staff Report have been alleviated. ONR made a cursory study prior to 9/11/78 and felt that there were some areas of public ... . Council Minutes - 6 - Tues.,November 8, 1978 B. Menard's, Inc. (continued) waters; however, subsequent to that time they did do a detailed field study and found there was only one significant area of public waters located on the western portion of the site which they were concerned about. DNR did stake the high water mark and Menard's has agreed to stay out of that area. Consequently no till permit will be necessary from the DNR and from the DNR prospective no Environmental Assessment Worksheet is necessary. Enger further explained he met with Staff of the Environmental Quality Board and reviewed some of the criteria for mandatory environmental assessment work- sheets, and their staff felt that this area did not constitute a need for an EAW. Further that Menard's are managing to preserve a portion of the woods at this point by going to a 2 - 1 slope. Enger expressed concern that the Planning Commission has about outside storage as this is a variance Menard's is requesting, and it must be very well done. Menard's has illustrated they have the ability to screen from many of the views and it is anticipated that the Planning Staff would evaluate a more detailed plan prior to building permit approval. As to the access to Valley • View Road, the County had reviewed Menard's original request and found that the State Highway Department owns 445 feet of the right-of-way west of the Valley View Road bridge on Valley View Road. Although the County did review this proposal and made a recommendation to the State to move the access 260 feet further west, many of the people who are familiar with the site know that access point as an existing small dirt road that goes into the site. The • County is recommending that being an access point and at such time as the Ring Route would come through this area and would allow the cul-de-sacing of Valley View Road on the eastern end, then the access point could be moved up and across from the anticipated off-ramp from Highway #494. This would allow signalization of that area. Enger explained he has spoken to Minnesota Department of Transportation representatives about this, and they do recommend that service road ultimately come up and tie across from the access ramp. Enger recommended that the service road as accessing Valley View Road be constructed in a temporary nature so that it can be realigned on a dedicated right-of-way by Menard's in the future. Further, City Staff would expect the signs for Menard's would meet Ordinance No. 261, the Sign Ordinance. Meyers expressed concern about multiple accesses along Highway #5 and interferring with the signalized intersection. Enger responded Menard's has agreed from the outset that the signalized access was preferable, and they have voiced to City Staff that they are acceptable to eliminating the temporary access when the signal is in. Lambert explained the Parks, Recreation & Natural Resources Commission reviewed this proposal on 9/18/78 and they had three major concerns: 1) screening of the site; 2) public waters and drainage; and 3) the oak stand. The real focal point was the oak stand. The final motion was to deny the plat because the Commission felt there were alternatives to the developer to develop the roadway around the oak stand with a little bit different design. Lambert stated his recommendation to the Commission was that he was in agreement with the Planning' Staff Report of 9/11/78. Meyers questioned how soon Menard's plans to make the connection up to Valley View Road and construct the entire service road as proposed. Mr. Prochaska responded they anticipated doing it all in the one initial development of the Menard site. :an Council Minutes - 7 - Tues.,November 8, 1978 B. Menard's, Inc. (Continued) Meyers inquired if special assessments are spread on public waters or would the assessment procedures protect the City in this instance so that we would have only buildable land with assessments on them. City Engineer Jullie responded the City can be assured through our special assessment division process that the assessments will fall only on assessable properties. Pauly asked if Menard's were anticipating plantings on the berm? Mr. Prochaska responded at the Planning Commission hearings he agreed to have a security fence around the outside storage area and agreed at that time to install the security fence at the top of the berm plus plantings. City Planner Enger consented the trees and grading are the only issues that _ �. haven't been thoroughly resolved at this time. Menard's has been able to preserve more of the northern portion of trees than in their original plan. They would like to remove the southern stand of•trees because it makes the site more visible and because it makes the parcel where the trees are more developable. Penzel asked what kind of impact we could expect on Valley View Road from the proposed service road as far as traffic volumes are concerned? Jullie responded we could expect an increase in traffic on Valley View Road. The County•has committed to the City to program participation with the City of upgrading and relocating their county road designation on to Schooner Boulevard and new Valley View Road as the warrants on existing Valley View Road increase. Ju11ie commented because of this proposal, the Super Valu project and others, traffic volumes will continue to grow and warrants will be met. Penzel referred to letter dated November 3, 1978 from Dan Magraw and asked that same be entered into the record as part of the minutes. Mr. Grieco, 12781 Vina Lane, asked why it is necessary at this time to have a road that empties out on to Valley View Road. Mr. Prochaska responded Menard's would like to have at least two access points to the facility and they have the need for constructing the watermain from Valley View Road south. Mr. Grieco further questioned what Menard's planned to do about screening as to his particular situation. Mr. Prochaska responded there are some areas that are impossible to screen. Mr. Grieco felt there seems to be a preoccupation with trees and moving land;;.:':.- with a total disregard for people and their property rights and their considera- tions. Penzel commented the Council knows there are a substantial number---- =;;'A* of people living on Topview Acres who gain their access through Valley View Road exclusively, whose children have to make access and use Valley View Road to get to existing recreational facilities, and hopefully before action is taken,this question will be addressed in some form in an attempt to resolve this situation. Penzel further explained City Staff is in the exploratory stages of the use of < the property to west of Topview Acres and that it would be their recommendation that a recreational facility (a neighborhood park site) be included in any development that might occur there, which would then be accessible and useable by the children in Topview Acres. 313 • Council Minutes - 8 - Tues.,November 8, 1978 B. Menard's Inc. (Continued) Mrs. Patrick, 12742 Gordon Drive, feels there are definite plans to develop the outlots and that would necessitate a complete change in the grading picture, which would completely change the screening picture. Bill Price, Suburban Engineering, responded to Mrs. Patrick's concern explaining the outlots are being platted now more for convenience than for anything else. If Menard's only platted the one lot, the remaining parcels then would have long, lengthy legal descriptions. Mr. Price stated an outlot to most people means it is not a developable piece of ground, it has to come back before the Planning Commission, the City Council and the planner before anything else can be done on it. The matter of the total development was shown on the initial exhibit which indicated total grading of the whole site. Jim Duncan, 12771 Vine Lane, spoke in favor of keeping the access road that ends at Valley View Road closed until such time as the intersection is completed. Calvin Anderson, 7214 Topview Road, commented people have a legitimate gripe to require proper screening, but feels there is too much picking going on with regard to trees, grading and brick on the buildings. Mr. Anderson stated a lumber yard is something Eden Prairie needs, and how can you hide lumber. Diane Fisher, 7275 Topview Road, spoke to the issue of traffic, consenting • if Menard's had two accesses it would enable their trucks to come in and out on Valley View Road and also their customer traffic. This would immediately triple the traffic on Valley View Road, plus the additional traffic from the construction of Super Yalu and the people working there. Jack Wright, 7353 Ann Court, asked that the Council consider when Schooner Boulevard is done that the access road be put in, and until that time consider not allowing traffic on to Valley View Road. Don Peterson, 7025 Mariann Drive, addressed the Council as a member of the Chamber of Commerce Transportation Committee and as a landowner,stating Eden Prairie has a major problem in the northwest quadrant as we have a missing traffic segment from Valley View to Mitchell Road to Highway #494. All of the traffic in the quadrant either has to funnel out at Mitchell Road on to Highway #5 or go east on County Road #60 on Valley View Road and interfer with the residential area where people live. That problem will not be resolved until something happens on the property under consideration.' Something has to happen to tie down the alignment of the Ring Route and make it possible to construct the Ring Route. It is Mr. Peterson's opinion. and he believes the Chamber of Commerce's opinion, that this alignment as proposed by Menard's will allow the future construction of the new Valley View Road and, therefore, the cul-de-sacing of the existing Valley View Road so that the traffic problem can be relieved. Mr. Peterson also stated he believes screening can be properly attained on the north end of Valley View Road. Speaking from as an adjacent landowner, Eden Land Corporation, who has considered this project, he feels this would be the first step in getting something started on the 250 acres from Highway i11144 to Mitchell Road and that the land use is non-objection- able in their point of view. Eden Land Corporation supports this project and feels it would be a very good service to the residents,of Eden Prairie and the surrounding area. The recommendation from the Chamber of Commerce Transporta- tion Committee is that if the minor problems that seem to exist on the site can be resolved, that this roadway alignment will work. Mr. Peterson stated Edenvale would be willing to petition for their portion of the road when it can be connected to something. q Council Minutes - 9 - Tues.,November 8, 1978 B. Menard's, Inc. (continued) Mrs. Moser, 7263 Topview Road, questioned if it is the conclusion that Menard's will not develop the road until this cul-de-sac is made? Penzel responded that is a requirement the Council could establish if they so choose. Betty McNulty, Eden Prairie Chamber of Commerce, expressed the Chamber's support of the Menard's proposal with the stipulation that as many of the problems be worked out by the City Staff and proponents as possible. Feels Menard's would be an asset to the residents and the business community of Eden Prairie. Walter Carpenter, Minnesota Tree, 13000 West 78th Street, also stated he would like to lend their support to the proposal by Menard's. Stated we badly need development in this area in order to get the road system going. MOTION: Bye moved, seconded by Osterholt, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-45, rezoning 13 acres from Rural to C-Regional Service for Menard's,Inc. Motion carried unanimously. MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 78-204, approving the preliminary plat for Menard's, Inc. Motion carried unanimously. MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a developers agreement pertaining to the rezoning of the 13 acre site for Renard's, Inc., and also those conditions that apply to the area off-site of the 13 acres within the 75 acre parcel, incorporating the recommendations of the 9/11/78 Staff Report that are pertinent, recommendations of the 9/11/78 Planning Commission action that are pertinent - those that have been resolved do not have to be part of the agreement as a requirement; include that the access road to Valley View Road to the north of the property will not be open or constructed in a finished condition until July of 1980, or sooner if the improvements with the ramping situation are accomplished before that, or sooner if any other rezoning is accomplished on the 75 acre parcel', that the highway access to Highway #5 be temporary and the service road will connect westerly to Schooner Boulevard at the earliest possible date; that Menard's will dedicate the right-of-way for Schooner Boulevard as needed, receiving credit on the assessments; that Menard's will design an outside display area for products that meet their business needs while reflecting the integrity of the proposal as it adapts to Eden Prairie, and that Public Hearings will be held for all of the adjacent outlots. Motion carried unanimously. Council requested that a draft of the Menard's developers agreement be given to them 2 weeks before the 2nd Reading of Ordinance No. 78-45 is scheduled on the Council agenda. MOTION: Osterholt moved, seconded by Bye, to instruct staff to prepare a feasibility report on Schooner Boulevard and Valley View Road. Motion carried unanimously. C. Sanitary sewer extension for Super Valu headquarters site and adjoining properties at Co. Rd. 60 and 1-494, 1.C. 51-332 (Resolution No. 7'8-207) City Engineer Jullie spoke to Resolution No. 78-207 and recomwended the Council consider approval of same. Council Minutes - 10 - Tues.,November 8, 1978 C. Sanitary sewer extension for Super Yalu headquarters site and adjoining properties at Co. Rd. 60 and I-494 (continued) MOTION: Meyers moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 78-207, ordering improvements for sanitary sewer extension for Super Valu site and adjoining properties at Co. Rd. 60 and I-494, I.C. 51-332. Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS No reports. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by Northern Cablevision, Inc. to establish a Cable Service Territory City Manager Ulstad explained the City has a request from Northern Cablevision, Inc. to establish a cable service territory. According to the rules and regulations of the state a service territory must be established before service can be provided.) Northern Cablevision, Inc. is in the process of establishing this territory and they are meeting with several communities within the area seeking their approval which they must, in turn, submit to the state agency. Representatives of Northern Cablevision, Inc. are present along with Mr. McDonald, who is the Chairman of the 7 community area and has been meeting for years on Cable television. Ulstad commented Mr. Pauly has reviewed the guidelines and has visited with representatives of Northern Cablevision, Inc. Mr. McDonald explained what the Council has before them tonight in Resolution No. 78-209 is the first objective that Joan Meyers and he, plus 4 Council people of 4 other municipalities who are neighbors of us and the City Managers of those six Councils, started working at 6 years ago and all of them put in a lot of time and have kept in touch and kept working on this. What it comes down to tonight is an opportunity to invite able, resourceful providers of cable communication services to come before the Council with a proposal to furnish cable communication service. By State Law Eden Prairie must have authority to invite people to provide thisservice. If the Council adopts this resolution tonight you are saying to the State Cable Communications Board that you want to be included in a territory that is being proposed in order to issue invitations. Once the territory is approved by the State Board, the Council is back where you were because you are totally independent, you Have no commitment to any one company or any group of companies. You simply have the approval of the state authority to say to one and all come and tell us what you will do for our citizens. James Erickson, legal counsel for Northern Cablevisinn, Inc., which is the proposer to this couwunity and other 6 communities of what they propose to be the Southwest Hennepin County Cable Service Territory. Mr. Erickson introduced Jeff Marcus, Vice President of Northern Cablevision, Inc. Mr. Erickson explained what the Council is doing tonight is, as required by State Statute and State Law, enabling the Council, if they so choose, to later get into the business of considering and possibly issuing a cable television franchise. State law and regulations require that before any prospective provider can come before the Council and ask for a franchise you have to be within and part of a cable service territory and it is that cable service territory you are being asked to approve tonight. Northern Cablevision, Inc. wishes to make a stronger commitment in the way of franchising the 5 additional communities in this proposed cable service territory which'has not yet issued franchiss, Council Minutes - 11 - Tues.,November 8, 1978 A. Request by Northern Cablevision, Inc. to establish a,able Service Territory (Continued) and wishes to come back to Eden Prairie in the Spring of next year and ask Eden Prairie to consider their company as a prospective provider of cable television in the City of Eden Prairie. MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 78-209, denoting approval of a proposed cable service territory within the boundaries of the municipalities of Bloomington, Edina, Richfield, Eden Prairie, St. Louis Park, Hopkins and Minnetonka. Motion carried unanimously. B. Request from Don Poupard, 6251 Beach Road, to appear before the Council Don Poupard, 6251 Beach Road, explained he has asked to appear before the Council regarding the search warrant and destruction of certain items in his home. He would like 2 doors, 2 frames and locks that have been shattered,along with the staining and labor, covered by somebody. Mr. Poupard further requested a hearing be held pertaining to the dismissal of Les Bridger before somebody other than Mr. Ulstad. Public Safety Director Hacking spoke to the incident which lead up to the search warrant being issued at the residence of Mr. Poupard. City Attorney Pauly stated he did not think it would be appropriate for the • Council to take any action at this point which may influence the present misdemeanor charges which are pending. Mr. Pauly has reviewed the file and search warrant and in his opinion the procedures taken were within the procedures of the law relative to the execution of a search warrant. MOTION: Osterholt moved, seconded by Meyers, to refer this matter to the Staff and City Attorney and when this matter has been resolved through litigation, then it be placed on the agenda and a report made to the City Council. Motion carried unanimously. C. Request from The Preserve for a new temporary location for their major sign on the former "Carne's" property John Gertz spoke to The Preserve's request to place a new temporary sign on the former Carne's property as outlined in letter dated October 30, 1978. MOTION: Pauly moved, seconded by Osterholt, to grant the request of The Preserve to place a new temporary sign on the former Carne's property for a three year period. Pauly, Osterholt, Bye and Penzel voted "aye", Meyers voted "nay". Motion carried. MOTION: Osterholt moved, seconded by Pauly, to continue the Council meeting past the . scheduled 11:30 PM adjournment time. Motion carried unanimously. D. Request by The Preserve for a 1 year extension on development approval for Basswood project MOTION: Meyers moved, seconded by Osterholt, to grant The Preserve's request for a 1 year extension on the development for the Basswood Apartment project. Meyers, Osterholt, Bye and Penzel voted "aye", Pauly voted "nay". Motion carried- City Attorney Pauly suggested extensions should be in the form of an amend- ment to the developers agreement. Council Minutes - 12 - Tues.,November 8, 1978 E. Request by Weis Builders for extension of 1 more year on development deadline, from November 8, 1918 to November 8, 1979 MOTION: Osterholt moved, seconded by Bye, to grant a 1 year extension to Weis Builders, Int. as per request of October 18, 1978, from November 8, 19711 to November 8, 1979. Motion carried unanimously. F. Request to withdraw rezoning for 2 acres from Rural to Public for construction of a future library MOTION: Osterholt moved, seconded by Pauly, to deny the 2nd Reading of Ordinance No. 78-11, rezoning 2 acres from Rural to Public for construction of a future library on Homart`ssite, as requested by Hennepin County. • Motion carried unanimously. Council directed Staff write the Library Board and ask them to continue to pursue a location for a library in Eden Prairie, and that the City offers their assistance. VIII, ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-28, rezoning from Rural to R1-13,5 for approximately 11 acres to 20 lots for Olympic Hills Sth Addition, Olympic dills Corporation, and developers agreement MgTION: Bye moved, seconded by Osterholt, to adopt the 2nd Reading to Ordinance No. 78-28, rezoning from Rural to R1-13.5 for approximately 11 acres to 20 lots for Olympic Hills. 5th Addition. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the aevelopers agreement for Olympic Hills 5th Addition. Motion carried unanimously. B. Resolution No. 78-205, authorizing sale of bonds in the amount of $3.000,000.00 MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-205, authorizing the sale of bonds in the amount of $3,000,000.00. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members No reports. B. Report of City Manager City Manager Ulstad explained there will be a meeting this evening with the owners of Ridgewood Condominiums and he will report back to the Council as to the outcome of this meeting. C. Report of City Attorney No report. i aC Council Minutes - 13 - Tues.,November 8, 1978 D. Report of Director of Community Services 1. Cross Country Ski Trail Groomer Director of Community Services Lambert spoke to his memo dated October 12, 1978 regarding the rental of a cross country ski trail groomer. Meyers suggested before renting the trail groomer that we make sure we have 15 miles of cross country ski trails to groom. MOTION: Bye moved, seconded by Osterholt, to approve the request for the City to enter into an agreement for the rental of a cross country ski trail groomer as outlined in memo dated 10/12/78. Motion carried unanimously. 2. Camp Frontier Park Site Director of Community Services Lambert spoke to his memo dated October 12, 1978, recommending that the City enter into an option agreement or contract for deed for Camp Frontier as a major park site for Hidden Ponds area. MOTION: Osterholt moved, seconded by Meyers, to direct.Mr. Lambert to negotiate a price for Camp Frontier. Motion carried unanimously. 3. Mitchell Lake Park Acquisition - Miller Brothers Option Director of Community Services Lambert spoke to his memo dated November 3, 1978, and requested permission to meet with the Mi11er's. to see if we can obtain an option. MOTION: Osterholt moved, seconded by Pauly, to grant approval for Mr. Lambert to negotiate an option with the Miller's. . Mr. Norman Miller expressed a willingness to meet with Mr. Lambert along with his brothers. E. Report of City Engineer 1. Consider bids for street and utility improvements in Lake Trail Estates, I.C. 51-315 (Resolution No. 78-206) MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-206, awarding the bid to Nodland Associates, Inc., the lowest responsible bidder, in the amount of $318,852.00 for street and utility improvements in Lake Trail Estates, I.C. 51-315. Roll Call Vote: Osterholt, Meyers, Bye, Pauly and Penzel voted "aye". Motion carried unanimously. 2. Resolution No. 78-211, authorizing permit application for connection to Metropolitan Waste Control Commission's interceptor sewer for Lake Trail Estates MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-211, authorizing permit application for connection to Metropolitan Waste Control Commission's interceptor sewer for Lake Trail Estates. Motion carried unanimously. alai • """"" - 14 - Tues.,November 8, 1978 • 3. Resolution No. 78-208, for acquisition of street right-of-way from Condor Corporation for 74th Street improvements, I.C. 51-319 MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-208, for acquisition of street right-of-way from Condor Corporation • for 74th Street improvements, I.C. 51-319. Motion carried unanimously. F. Report of Finance Director 1. Payment of Claims Nos. 1933 - 2111 • MOTION: Osterholt moved, seconded by Meyers, to approve Payment of Claims Nos. 1933 - 2111. Roll Call Vote: Osterholt, Meyers, Bye and Penzel voted "aye", Pauly "abstained". Motion carried. X. NEW BUSINESS A. Discussion on Ski Nautika, Inc. Meyers referred to recent communication from Ski Nautika, Inc., and asked if the Council would prefer to respond to their request. Council members felt Ski Nautika should make their presentation to the other commissions as they have not done so at this time. B. Request to consider hiring an appraiser Director of Community Services Lambert requested the Council to consider the hiring of an appraiser to appraise the park site which is under consideration for the Homeward Hills neighborhood park. MOTION: Osterholt moved, seconded by Meyers, to authorize Staff to secure an appraisal up to $250.00 for the property which is under consideration for the Homeward Hills neighborhood park. Roll Call Vote: Osterholt, ♦Meyers, Bye, Pauly and Penzel voted "aye". Motion carried unanimously. C. Discussion on Senior Citizens Councilwoman Pauly asked if the house being considered for use by the senior citizens on Staring Lake would be coming up on a future Council agenda. Director of Community Services Lambert reported he wanted to take the Building Inspector down to the house to see what has to be done and will have a report on the changes that should be made back to the Council.: Dean Edstrom, Chairman of the Development Commission, explained the Development Commission is considering the Eden Prairie Foundation. The Foundation could receive cash, land or anything that people might want to give for the benefit of the entire community and, of course, things the Foundation would want to receive. Mr. Edstrom stated the Development Commission would like to make a recommendation to the Council at a later date. CITY OF EDEN PRAIRIE CANVASS OF CITY ELECTION RETURNS . November 7, 1978 A motion was made by Osterhott, and seconded by Bye to certify the election returns as presented by the election judges as follows: The motion T TT LT T7 V VT • TotAl Tyr Tom Faranda 348 300 385 339 412 417 2201 Wolfgang H. (Wolf) Penzel 637 561 533 526 312 404 2973 Claire Kispert 3 3 lick Westman 1 1 Pearl Redpath 1 EH rif1. City Council Fred Baumann 388 379 417 374 185 271 2014 George Bentley 264 186 174 154 342 325 1445 ,Moan It. Edstrom 382 329 385 403 261 347 2107 Paul R. Redpath 529 431 486 518 237 309 2b70 John-Wolcott 182 160 148 135 '14 258 1047 —17$3 1M 1M I't 1 1' Sunday Liquor Yes 597 557 570 558 500 548 3330 Na 394 854 3299 H, ill 185156 991 854 899 _ Registered at 7:00 A.M. 1303 1178 1250 1177 1098 888 6894 Registered on Election day 163 1466 11M 13a 1NT 160 148 154 � 1) DO28 TOTAL VOTED 1030 899 969 909 794 892 5493. aP • DEVEI OPMENT CORPORATION November 3, 1978 Mr. David Osto-hol t, Coenc i le an 16344 Edenwood Drive Eden Prairie, Minnesota 55344 • Pear Mr. Osterholt: I am writing to you at the suggestion of Mr. Ulstad, City Manager, and enclosing the revised plans for Prairie East 7th Addition, which are for your consideration at the next City Council meeting and which could not be incorporated in the regular proposal package for the City staff. sincerely apologize for the eleventh hour nature of this mailing, however I wanted to ensure that the proposals to be presented this time were fully approved and supported by the residents of the surrounding commun- ities and such support ,at, obtained only last evening. You will recall that 11ustad and Wii,..,or were directed by the City Council at the last meeting to critically reevaluate the proposed plans and al- ternatives far Prairie East 7th Addition in the light of concerns ex- pressed by tr,eaibers of the Council and residents of the area. While not wishing to recount the stormy history of this proposal, the main concerns were the proximity of the proposed townhouses to adjacent single family ' hones, ir,ndscaping of "buffer" areas, the massive appearance of a four unit townhouse bulking and the open space or perk at the southerly end of the property. A number of alternative schemes were evaluated and the enclosed plan I believe represents the most viable alternative, solving the expressed concerns while retaining the open area concepts and economic viability. The proposed plan attached depicts a slight departure from prior plans inasmuch as it con,i',ts of two unit to•.,ithouse huildings in lieu of four unit tcx:nhouse buildings. The reduction of the building size has per- mitted more flexibility in land planning in accomodatinp the expressed • concerns while the additional develoroei.t costs are offset by increased product nr,:rletabitilye All resident; of C,rri;nn forest and Prairic East let and 2nd Addi • - tions were invited to o meeting to reviser and cr.tique the proper—al and the altern:,t 1ve . In spi .e of one weeks n„or notirr., only a relatively i s:niti hetient,,yi• of resident attended, I wever of those who did attend, i n, hundred peer,nt cal•:•••.,e. their approval and support of the new pro' l.c._I in :`iel,•n-:tre to oil oth,-r altetnetitos. You hill find inclnsad a t`et ten '.tone.' by MI :hose in :�!teve1nce indica ing their support. b a:•r✓s:--i::sn yr.:I-rYtll':1'I. • .r.WS't,'.!4itiv:ia-.i,!rllNNL'i0TA`i't4tt • l3iwl:ik.:t612;l�ti31r ?17 • 'r • 7, *: • page 2 November 3, 1978 Mr, David Osterholt . There were additional concerns expressed in the following areas: I./. I) A depressed area in the north portion of the property be filled to avoid water problems. 2) Access be granted via easement to permit Ingress and egress from Prairie East 1st Addition to the open area. 3 The open area to the south be left natural and be retained under public ownership. The first two concerns we agreed to accomodate. The open area ownership ' question is, of course for your consideration. l'apologize for the length of this letter however I have felt It important to explain this proposal in view of the unhappy history of this project sincerely believe that finally we and the residents have reached on the best use of this land and 1 respectfully request that you give ve this proposal favorable consideration at the next Council meeting. Yours sincerely. • . WINDSOR DEVELOPMENT CORPORATION / ' _• ' E. John Woodland, President EJW/es Enclosures: 2 -. _ . • We the undersigned, residents of the City of Eden Prairie, • wish to inform the City Council of our support and endorsement of the proposed plan for the two unit building dated November • 2. 1978, for Prairie East 7th Addition, totaling 52 units. (NR,'_ME ADDAMS T.E AT, \.:)144) ( '. ./ e(•/iv .\J/1 i fi/, () 3.,,•cor C/n(t /)r,►r. `) /II 1t1= Cefe--- /U/ ' / Xrff41N L. 1 t,, . •'i k\ it. Al. . V L4 G i:CL Ptive Lft -4r 0,..1"0 I °"4 1 t ‘.4.1 '., L:2/( -f,/ /C.i,' .,,i;t'.,/ ,1,:.'r,,.. ♦7;xT hti. `giewA0 / .;. , . k\ ) t ‘ , P (.,..,t It gi-ti, I 4.1 ' 1: )ti:: (i 1�! Hier 0.p.e.r/ 7,11 C,/`..erli 4 Y.4..60 4... -"l4+'-l'� W�"T'!('x• 1 `: ( -- hA, f `.. 4'6go F-tmit esstto‘ �r/s '3 R Jr 6:4; 96deA, /012/ wopold .Y ',`'' _. Vic ,l l�'��'N,,0 I 0 k�, LF\ t , ,• -,c-Az... ,k1-‘.4 A+ 1.0 7' ii „ 1 1 1 r t' (1 7 c} ( ,a 1 ® J1 . q`?CtJ ii(iI7 We the undersigned, residents of the City of Eden Prairie, wish to inform the City Council of our support and endorsement . of the proposed plan for the two unit building dated November 2, 1978, for Prairie East 7th Addition, totaling 52 unite. \\ / NAME ADDRESS LEGAL • t&�JOHU LG--C/N �I 1.0(0 0 3.C.,.10C Cmlt.R �',eheS /Ir fit=ELe tt /0ix/ ,(. c#L L .6a f V[,cyccc%7. ..B-J /C'%O/.`;(C1-6cu/QN;.rlry �i.y;1 :�S(�4Yt! /5 `' \\4c..c,...)c)...,,J..., ,„_.D 10024., 90, ,,,Le) daVir444.45(( 4 76q40 flet411.1410 ,4e1"/8 2 Y-1-- , � r /E112 0 t"ex 'k ' • l/ r / ,- ' ' /e/,��`� %.1s cc,u bgy tt,. (\(r.-I,do-v----- 9 e‘3— 9,:gimAjA-4- -1 '1%17 . i4144._.._..z.7ti.,______ ,,,„ .4.zede/ (..,4‘4,:f.-..). . sCS v U. .ram 10,Oad�Ni\ trkta i'l" 2a • • • • • We the undersigned, residents of the City of Eden Prairie, wish to inform the City Council of our support and endorsement • of the proposed plan for the two unit building dated Noveuober 2, 1978, for Prairie East 7th Addition, totaling $2 units, NAME I'D9.1 LEEMT.,. • • t.. • • • • • • • • • • • . i • -NOV 6 1978 2246 Edgcumbe Road St. Paul, MN. 55116 November 3, 1978 Mr. Roger Ulstad City Manager, Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN. 55344 This letter is written to provide members of the Eden Prairie City Council and city staff with a summary of the history of the land which is involved in the Menards' request for rezoning to be considered at the Public Hearing on November 8. We (John and Jean Teman and Daniel and Jean Magraw) are the owners of the 75 acres of land and have entered into a Purchase Agreement with Menards for the entire parcel. This purchase agreement is contingent upon Menards obtaining rezoning and permission to build a retail center. • Over eleven years ago, we (Teman-Magraw, a partnership) set out to put together a 75 acre tract that could be carefully developed on a coordinated basis. In July, 1967, we purchased a land parcel approximately 62 acres, the first of three purchases necessary to put together the single parcel. The second purchase was in May, 1968, consisting of about 11 acres; and the third and final purchase was in July, 1970, consisting of about two acres. The initial parcel carries a right to access to Trunk Highway #5. In its original metropolitan area plan, the Metropolitan Council designated the 494-5-169 interchange area as a satellite city. This was confirmed when Eden Prairie's 1968 Guide Plan desig- nated the same general area, including the subject 75 acres, as Eden Prairie's major center area. Subsequently, the Eden Prairie City Council formally adopted the Edenvale PUD, which included this 75 acres. At that time, it was anticipated that the 75 acres and some land adjacent to the west would be the location of the major retail center destined for this part of the Metro area. (In anticipation of such a development, Teman-Magraw entered into a Purchase Option Agreement with Eden Land Company for a 50 percent interest in the property. The untimely death of Mr. Carl Martin, president of that company, led to the termination of the option.) Even while we were negotiating for the sale of the land to potential shopping center developers, arrangements were being completed to move the regional shopping center to the southeast quadrant of the major center area. 2233 • - 2 - The Eden Prairie City Council subsequently formally adopted the entire major center area, including the 75 acres, as a PUD. From the outset in 1970 we let it be known that the 75 acres or any part of it was for sale. It would serve no purpose to list all of the efforts we made and all of the contracts • we signed with real estate agents. But we must point out that bona fide potential buyers in several cases, whose plans were consistent with the PUD land uses, were discouraged by staff from entering into purchase agreements. In every case, it should be noted that the asking price for our land was below appraised value and below the actual selling price of comparable land in Eden Prairie. During these years, we were repeatedly advised by staff that a preferred use for the land would be as a discount center --- as • a second major retail base in Eden Prairie. (This is a use that ffienards meets.) There was another major problem experienced over the years. Upon our purchase of the property, we began discussions of access to Trunk Highway 5, to which we had an absolute right. • We were assured then, and repeatedly by Eden Prairie City staff and State Highway personnel, that there would be no problem in attaining access. But when we began seriously to pursue access to T.H. #5, it turned out that there were significant problems: the ball bounced back and forth between the City and the Min- nesota Highway Department (now Department of Transportation). Every time we thought we had a decision, it turned out there was disagreement between the City and DOT. This went on for years. And it became extremely serious. Potential buyers were simply not interested in a promise of access, not wanting to become involved in the same extremely costly game that we had been • playing. Undoubtedly, very profitable sales were lost in that period of over five years. Finally, in September, 1976, we obtained authority for access and paid for building it, including moving the crossover in the median strip. This did not completely clear up the situation because the City said one thing and DOT another as to the future of the access and its present use. It was simply impossible to tell a prospective buyer what he could expect. • • In the meantime, over the years up to mid-1976 when we had no resources, we paid higher and higher taxes. Taxes increased rapidly in a short period based on anticipated land use. Suffice it to say that we have, as have others in the major center area, paid dearly for the privilege of holding land in that PUD. And all during this period, may we emphasize, continuing efforts were being made to market the property, in total or in pieces. • :0311 - 3 - • Also, all during these eleven years, our financial position was becoming more and more precarious. Whereas our financial difficulties are not a direct concern to you as council members, the financial health and viability of land owners and developers is of indirect concern. In summary, the 75 acres and the Teman Homestead were to have been foreclosed in January, 1977, because of our inability to meet mortgage payments on the land (we had been delinquent since July, 1976). On the day prior to our losing the land and the Temans' losing their Homestead, the mortgagee agreed to defer taking possession of the property and the Teman Homestead until April, 1978. This agreement was based on a pending option with Super Valu to purchase the 75 acres. Super Valu did enter into a purchase option agreement, but sub- sequently selected another site, as you well know. Then, in April, 1978, on the day the mortgagee had come to take possession of the property and the Teman Homestead, the Purchase Agreement was signed with Menards with the approval of the mortgagee. Needless to say, this is our last chance to avoid loss of the homestead and almost certain bankruptcy. We have owned this property for over 11 years. We have been attempting to sell it over that entire period --- strenuously attempting for the past four years. Our agreement with Menards is at a sacrifice price. At the Planning Commission hearing, a staff member stated that Menards' request does not represent the best use of the land. Office building or motel would be better, he said. Of courses But Super Valu had us as the third alternative -- Preserve on Anderson Lakes was second. We simply can't wait for these uses. Our liability to the mortgagee increased over $100,000 in the last twelve months. Further, we believe Menards will be an extraordinarily good citizen of and a valuable addition to Eden Prairie. As you know, Menards has recently opened a facility in Burnsville. Menards is in the process of building another facility in Oakdale financed by revenue bonds of that community. Menards will immediately be a catalyst and has the resources to bring sound and desirable development in the northwest quadrant, consistent with the earlier desires and plans of the staff for this piece of property for a second retail center emphasizing discount stores in the major center area. There is nothing there now, after these long and costly eleven years. It is also noted that Menards will quickly add significant tax revenues that will reflect an approximately $3,500,000 com- mercial development. Thus, we urge you to approve Menards' application. It is consistent with the land use classification of the PUD. Menards has gone to considerable lengths and expense to meet the Planning Commission and staff's requirements for screening outside storage. a 33 s • Rased on conversations with the other major center area property rs in the vicinity fhisr nsuppor that the proposeduse oftspropety is stglypt by all of them. One final comment. We believe all of our actions over the past eleven years speak to our concern for the orderly and proper development of Eden prairie. It has been oux belief that it would be far preferable from Eden Prairie's viewpoint to have the property purchased by one developer so that a cohesive plan for the entire piece could be prepared and executed. The pp resent Menard situation provides the assr�rance Qf a s3xtie +developer and provides the added plus of a developer who will ., be the initial and a lasting part of the development. Al. teearda. . , has stated, it is in their best interest to see that their ia�i3 facility is developed and maintained in auk a v ee rna � ' the desirability of the remaining property Thank you for your consideration. Ld41z� Daniel D. Magraw (on behalf of John and Jean Tetuan and Daniel and dean Magraw) y /� , MEMO: • TO: Mayor and City Council FROM: Chris Enger, Director Of Planning THROUGH: Roger Ulstad, City Manager DATE: November 29, 1978 SUBJECT: 1979 Community Development Block Grant Eden Prairie's target allocation through Hennepin County for 1979 should be about $65,000. As we anticipated last year, the types of activities which are eligible for funding through this H.U.D. program are becoming more limited because of the low and moderate income direct benefit criteria. We do think we have some good suggestions for housing, community facilities and parks for the next 3 year pro- gram. The ined ow obtaining citizenff is cc�entsfollowing tloward developing our Dec the schedule ember 6,,11978 for C.D.B.G. program. December 7, 1978 Cuonmissish onbmeeting oflic 9December notice f18th Planning - December tl, 1978 public meeting and discussion at•Human Rights Commission December 18, 1978 et Resources publicc meig di cuussion at iat,Parks, Recreation December 18, 1978 public hearing before the Planning Commission Request City Council to set public hearing for January 16, 1979 January 4, 1979 publish Council hearing bnotice ceaffor r January 16, 1979 City January 16, 1979 Public Hearing before City Council Late January, 1979 Public Hearing before Planning Area Citi2ens Advisory Committee. • Back to City Council in February for final approval of program. Forward to Hennepin County for County wide public hearing on entire Urban County program. We would therefore suggest that the Council set January 16, 1979 for a public hearing on Community Development Block Grant. 2367 • • TO: Mayor Panel and Members of the City Council THROUGH Roger Ulstad, City Manager FROM: Carl Jullie. City Engineer DATEa November 30. 1c170 • 8tlB�lEC7: Proposed Right-of-Way Dedication • Swendseen Property The attached letter and survey from Mr. Willime ©dell, onseehh1'f of the .: seems. explains the proposed dedication.bit the S d n9s of ri. ht-of-way for future County Rd, 6a. which crosses i~ �p t l P i ei!� m. The proposed right-of-way location is consistentit the; :{{�sed development of the property to the narth. 1 TnoUs a park, On November 1.918, the Planniing COala anion; viereed"i;hit:ln � tar recommended approval of the dedication It is recommended that the City Council approve the right Of y dndieat lien by the Swendseens as proposed in the November 2 , 1178., letter ft`a Mr. Odell. :kh Attachment • • • 4:,is • .27132 • WILLIAM B.ODELL ATTORNEY AT LAW • MAIL COI NtONNAY OIS EAST ►.O.SOS Ss CNASKA.NINNSSOTA SSSIS CNAs11A.N.NNSSOTA OWNS ro�a 44St2100 • November 22, 1978 Mr. Roger Ulstad, City Manager City of Eden Prairie Eden Prairie, Minnesota 55344 Dear Mr. Ulstads • Re: Proposed County Road No. 61 • I represent Helen Mae Swendseen, Carl G. Swendseen and Thomas I. Swendseen, and on their behalf I herewith take this means of proposing their offer to donate to the City of Eden Prairie an 80-foot roadway through their property for the purpose of connecting the Shady Oak and Valley View interchanges. You have previously been furnished with the Braun engineering report and the survey of proposed road alignment by Gary Gabriel for County Road No. 61 running from County Road No. 39 northwesterly through the Swendseen lands to the north line of the East Half of the Northwest Quarter of the Northeast Quarter of Section 12-.116-22. At that point it would connect with the proposed road alignment in the preliminary plat of the land lying immediately to the north and to eventually connect with the Shady Oak interchange with U.S. 169. We recognize the importance to the City of Eden Prairie of being able to connect the Valley View and Shady Oak interchanges at the present time. The Swendseens have already incurred substantial holding costs and their desire is to sell the property as soon as possible, since they do not have either the financial resources nor the inclination to develop it themselves. They have been advised that the present uncertainty with respect to the eventual road location greatly limits the prospects for sale. • Our proposal would resolve the road problems with mutual benefits to both parties. • The proposed alignment has been worked out informally in conferences with Carl Julie and Chris Enger. We are submitting with this letter a copy of the proposed deed which would transfer the roadway. We recognize that the roadway finally agreed on may vary " •." • . „. . • - . . . . " • .. . . , . . • • . . • •. . • • • . • .„ • , • • • • .• • • Roger Ulstad ...November 22, 1978 What from the roadway described in the deed, and the 8wendsenne WOtU4 prepared to give whatever final deeds are necessary to . Hrierriespond therewith. • . 2f the Swendseen proposal is acceptable to the City of Eden 42aii1e they would like to complete theirgift before the end of the:current calendar year. • Yours very truly, •• •• • •••wiUiae •,,., ..•••• * 611110. „.. .11,1• . '.•. B. 01441 • • • • . . • • , • •-• .• •,... •• • • ,-• • • • ,..• • • " . • • ••• • • •-•• — . . , •••• • ; • -• . .„ . . • MEMO TO: Mayor Penaei and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: ' Carl 3ullie, City Engineer DATE: November 30, 1978 SUBJECT: Street Name Change W. 184th Ave. • The Hennepin County section maps inti-cafe a street right-of-way In Section 18 extending to the south of T.H. 5. The sttuet.name :irld1F taated is West 184th Ave. This is incorrect and should be West 180tlr Ave. In order to enable the Count!,to Gut FeuG.this, ,a f0rlher1''GitY. _ Council Ordinance is required'. There is no Improved roadway WItirin ' this right-of-way and there are no hopes presently addressed off-this street. Recommend first reading of Ordinance 78-54. CJJ:kh ' • • • aM V {. „ S „ . • . . • . . . • • • , • . • • •, . . . . . . . . . • • • • . . • •• Dec.. 6. • ORDINANCE NO. 78-54 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA . . AN ORDINANCE CHANGING A STREET NAME WITHIN THE CITY OF EDEN PRAIRIE • The City Council of the City of Eden Prairie herein ordains the following .. wt.:4mi name change: , • Change the name of the Carboy. or W. 184th Ave., which lies . . . • • • along the West line of the Northeast 3/4 of the Northeast ia of Section 18. T116, R22W to West 180th Ave. • • • -Tint read at a regular meeting of the City Council of the City of Eden • Prairie this day of 1078, and finally read and • • thRipted and ordered published at a regular meeting of the City Council of said City on the day of .-19M. • •••••::: . . .:,• . . 1.".r •. Wolfgang -Peale]s Mayor' ,•. • SEAL . . • . - • • • . . John 0. Frane, Clerk ,,• Published in the Eden Prairie News on • • • • . . • •••• •2?(.1-2. • . •,• '••••. , , . . . . . • • • • • • • • • • • • ,„, • , • • s. MEMO .; • TO Mayor Penzel and Members of the City Council . . . THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer • • • • DATE: November 30, 1978 • • •••..-. • SUBJECT: Joint Use Rental Agreement No. 438 • MliCC "••:"' The Metropolitan Waste Control Conrnission has requested the renewal •••., of the Joint Use Rental Agreement No. 438. This agreerne!lt_covers the. • trunk sanitary sewer in the northwestern corner of Eden Fraii'le.Whith ;5.'7.- • serves portions of the City of Chanhassen. The renal•peried Is in 1, •• • • 1979, to December 31, 1979. fteconrnend approval of the attached Statement of f.greenietit, Co3,3:kh • Attachment . . „ ••„1,. • • • ••••••• • • • , • .• • • .„,. ".• ";:." . . . November 1, 1978 Mr. Roger Ulstad City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 RE:JOINT USE RENTAL AGREEMENT FOR 1979 Dear Mr. Ulstad: In accordance with Section 4 of the Joint Use Rental Agreement No. 438 between the City of Eden Prairie and the Metropolitan Waste • Control Commission, such contract can be renewed by consent of both parties. We wish to renew for another year the Joint Use Rental Agreement No. 438 under the same terms and conditions contained in the Agreement which is presently in force between the City of Eden Prairie and the Metropolitan Waste Control Commission. The Renewal Agreement is enclosed in triplicate for your endorsement. We have signed the enclosed statement as our intention of renewing the Agreement and ask that you also sign and return to us two (2) of the executed copies and retain one (1) for your records. Should you have any questions or suggested changes to the basic contract agreement, please contact us. Your cooperation in accepting this renewal procedure is greatly appreciated. Very truly your Ric rd ll Dou herty Chief Administrator RJO:LRB:hy Enclosures cc: LaRae Bohn, Administrative Assistant, MWCC George W. Lusher, Director of Operations, MWCC John Also, Interceptor Engineer, MWCC m5om€11os &oG. . rn SRO&RrrtREeu ,{ " • ', "" „ ";. : . • - - STAimmtni OF AGREEMENT RENEWAL JOINT USE RENTAL AGREEMENT NO. 438 The Metropolitan Waste Control Coannissitin and the ." City of Eden Prairie agree to renew the Joint Use Rental Agreement No. 438 under the Sadie terns and conditions contained -7:"- in the Agreement which is currently in force batmen_ n Fatale parties. The Renewal period for Joint use Rental Agreanent NO. 438 shall be January 1, 1979 - December 31, 1979. That both parties agree to the reilewal period and. Utiles is evidenced by the signatures affixed to this statement. ':/"7 • FOR THE CITY OF EDEN PRAIRIE FOR THE METROPOLITAN WASTE CONTROL COIIIISSIL iujp144:00bvit,:‘,A. (Title) Barbara L. ladterstuulo Chairwoman R Ci.5W • (Title) J. er lATtleAtDr."`::: Dated Dated .„ „. " • • 22qs • . . • Dec. 5, 1978 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-223 • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (I.C. 51-332) WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., has prepared plans and specifications for the following improvement, to wit, I.C. 51-332, Sanitary sewer for Super Valu site and aidacent properties at Co. R. 60/1-494 •-• and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attechad hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in • the official paper and in the Construction Bulletin an • advertisement for bids upon the making of such Improvernent under such approved plans and specifications. The.adver • - • tisement shall be published for 3 weeks shall specify the work to be done, shall state that bids will bb opened at 10:00 o'clock A.M. on Thursday. Jan. 11, 1979, and Con- • sidered by the Council at 7:30 o'clock P.M. on Tueaday. Jan. 16, 1979, in the Council Chambers of the City Hall, - :g and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on ATTEST: • Wolfgang H. Penzel, Mayor SEAL John D. Frane, Clerk ;1.846 - • !!' MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: December 1, 1978 SUBJECT: Homeward Hills Park • In October the City had negotiated with BPI, a price of $4,000/acre on a 20 acro site adjacent to Homeward Hills Road. This price was subject to Hustad's purchasing the additional 11 acres of lowland. . At the October 18, 1978 Council meeting the Council reviewed the staff report on the negotiations and a park plan showing one alternative for developing that 20 acre site. The perk plan showed a substantial amount of the park as pending and open space. I *ranted to be very conservative in showing what could be developed with a limited . amount of cut and fill. • The Council felt the proposed plan required the City to buy a good deal of unusable land, and requested staff to consider acquisition of a site further to the south on more stable soils. . The staff first looked at the 20 acres immediately north of the east west collector in the Bluff's West 2nd Addition. We reduced the site to 12 acres because approx- imately 8 acres was a steep slope, not conducive for neighborhood park development. Although, the 12 acre site contained 8.2 acres of the 20 acre site ($4,000/acre site), DTI indicated the price for the 12 acre site was $10,000/acre. I felt that $10,000/ acre was extremely high, so requested, and was granted, the right to get an appraisal • of the 12 acre site. Mr. John Janski has provided the City with an appraised value of $65,000 for the 12 acre site. I have contacted Bud Kager of BFI to renegotiate the price on the 12 acre site based on our appraised value. Mr. Lager informed me that they have an agreement with Ilustad that guarantees them a certain amount on a large number of acres in this area. There agreement was based on their being able to sell the lowland for about $4,000/acre, and the higher property for $8-$10,000/ acre. If they can't sell the lowland for $4,000/acre they must get more for the higher property. They have an agreement guaranteeing them a price, therefore they don't want to negotiate on a price of less than $10,000/acre on the 12 acce site. It's obvious that Ihistad's plan on continuing to purchase land from BPI over the • next few years and develop a portion of it into multiple residential. The 1978 Guide Plan shows this as low density residential, therefore it might be appropriate to request IMstad's to show this entire area as a PUD, outling an open space commitment for the Bluff's area. 2 Al • • • • Homeward Hills Park -2- 12/1/78 Rol so of 8PI's firm stand on the 12 acre site, I decided to take another look alternative grading plans for the 20 acre site. After an on-site review with our City Jingineer, I felt that there is enough lowland in that basin to provide storm water pending without dredging a pond. (If a pond is needed in the future it cbir•Id be dredged further to the west and north.) If the fields were all graded to a minimum height of 3 feet above the existing ground level they would be relatively free of flooding. Wu dfveloled a plan that significantly cut both small hills and filled over a large :Onion Of the lowland. This plan shows much more usuable active play areas than either of the previous plans. The main drawback is the amount of grading required - estlmated 90,000 cubic yards. • - WOi'ad, estimated approximately one dollar per yard grading costs, because of the - terrain and soils and size of the project. I asked,Hustad's if it would be possible to include this grading project with their - 11i`uff* : West 2nd grading, so we would get the same rate. They: indicated that they paa..50-55 cents per cubic yard, and felt that we could contract with their grading eanc'aetor as a part of their project and get the same rate. This Makes the 20 acre- Site look a bit more attractive. At this point, the Council still has the question of either the 20 acre site or the 12 are site. The following is a list of the "numbers" on each site. 111 Acres - 20 Acquisition Cost - $4,000/acre $80,000 Reding Costs - 90,000 yards @ 55$/yard = 49,500 Assessments - frontage on Homeward Hills $19.55 x 1,360 ft. 26,588 trunk assessments $2,000/acre on buildable soils, approximately 10-12 acres 22,000 Estimated total cost $178,088 • Facilities: 2 softball fields 1 soccer field 1 football field 2 tennis courts 1 hockey rink 1 skating rink 2,parking lots • 1 warming house Estimated development costs: $60,000 Additonal adjacent park acreage - 6 acres dedicated by Preserve 11 acres additional lowland (future JeJkation) 17 acres + 20 acres a 37 total acres This neighborhood park will ultimately serve approxleatbly 1,200 ne2ts..of 1oti$.igg -so1#th pug„ ibsa't 1 and west of Purgatory Creek. 2341 • Homeward Hills Park -3- 12/1/78 BITE 12 Acres - 12 Acquisition Cost - $10,000/acre $120,000 Grading Costs - 30,000 cu. yards a 554 16,500 Assessments - frontage on Homeward Hills Road • $19.55 x 725 ft. 14,174 East/West collector $25.00 x 450 feet 11,250 Trunk assessments $2,000 per acre on buildable soils, approximately 8 acres 16,000 Estimated total cost $177,924 (If we were to acquire the 12 acres at $5,400/acre the acquisition cost would be $65,000, and the total cost would be $122,924.) Facflitios: 2 softball fields 1 soccer /football field (overlapping softball) • 2 tennis courts • I hockey rink 1 slating rink • • 1 parking lot 1 warming house • Estimated development costs: $50,000 • Additonal adjacent park acreage - 6 acres dedicated by Preserve 18 acres additional lowland (future dedication) acres + 12 acres = 36 acres total • I feel that the 20 acre site offers more active recreational space, and the game space will be needed in the future. The 12 acre site would ultimately provide a park area of approximately 36 acres, but fill would have to be hauled in to develop • more active use areas north of the 12 acre site. (I am assuming that the northern hill would be developed, and not in the park.) I believe we would have a very difficult time to get IBEI down to $5,000-$6,000/acre on the 12 acre site. I would reconuuend entering into a purchase agreement with BPI on the 20 acre site on a contract for deed over five years, with the right to grade the site in 1979. I would also recommend getting a commitment from iiustad's that they would include the grading of the park site in their grading contract for Bluff's West 2nd Addition, to be completed in 1979 at a cost not to exceed $50,000 (based on p0,000 cubic yards of grading). We could possibly spread the grading cost payments over two years. We would also bid out the grading costs to be sure that we were getting grading as cheaply as possible, but we would know that we wouldn't have to pay over 554 per yard. If the Council wishes to continue negotiating on the 12 acre site, I would recommend • that our attorney contact 111,1 for further discussions on the acquisition of that site. • (f Minnesota >•cp,zrlmc►1t of Transportation Di strict 2055 No. LilaC Drive Golden Valley, Minnesota 55422. 012)$a3-as61 lOrrember 17, 1978 M .•Ahris Enter Ei Planner •Eden Prairie Road ,men Prairie, Minnesota 55344 • • •la: eply refer to: 315 19,7. 21444 T.H. 169 Flat review of proposed Neighborh.od Center at Eden Prairie Center .itt-the Northeast quadrant of TH 169 ind Schooner CSch of r�tBoulevard rden Witetin 14, Township 116, Range 1 iineWapie County wear Mr.'Enger: we are in receipt of the above referenced plat for our review in accordance sub Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the ;plat acceptable for further development with consideration of the following • .acmmeutet - Our District Hydraulics Engineer noted in his review of the proposed plat• that the developer will need approval from the Riley-Purgatory Creek Watershed District. - It is our understanding there will be no direct access to TH 169. • When the surveyor determines the final plat boundary adjacent to TR 169, our District Surveyor, Mr. Keith Slater, would like to be notified. His telephone number is 544-9377. If you have any questions in regard to the above comments, please contact our District Layout, Research and Development Engineer, Mr. J. S. Catz at 545-3761 extension 150. Thank you for your cooperation in this matter. Sincerely, M. M. Crawford, P.E. District Director cut John Boland, Metropolitan Council Gary Backer, Hennepin County Surveyor's Office dFtig . An£goal Opiwuauiity l Mpkgpw • APPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES'COMMISSION MONDAY, NOVEMBER 6. 1978 7:30 P.H., CITY HALL • COMMISSION MEMBERS PRESENT: Richard Anderson, Chairperson; David Anderson. • William Berens, Robert Johnson, Robert Kruell, • George Tangen COMMISSION MEMBERS ABSENT: Steve Fifield COMMISSION STAFF PRESENT: Bob Lambert. Director of Community Services; Sandy Werts, Recreation Supervisor OTHERS PRESENT: Cecil Martin, David Shea, Eddie Frank, Lorena < Marks, Don Berne, Al Dybier, Eden Prairie Sun; Richard Dahl, Eden Prairie News B. Reports of Staff . 1. _Development Proposals a. Barmil Search Neighborhood Center David Shea of Shea Architects was at the meeting to answer questions about their proposed neighborhoodh centTrH to 169e located d led southwer est of the Eden Prairie Center, ' Lambert noticed that the sidewalks were not linked completely at the perimeter; he felt persons coming between Tudor Oaks and the Eden Prairie Center would like to use that walkway and he felt it should connect. Shea said this would be no problem, and was sure the con- nection could be made. Kruell asked whether the Planning Commission had approved the clus- tered building concept? He was told they had. D. Anderson asked when traffic lights would be installed at the inter- section on T.H. 169; and if there is a pedestrian path on Franlo? Lambert said there aertraffic iuld be if Franlo wdesirable. were ever to be upgraded he felt that a sidewalk wwou • R. Anderson questioned the drainage of runoff from the site. Shea explained that it would be tied in with the main system now being used by Eden Prairie Center. It is an internal system, which drains into Lake Eden. R. Anderson natural drainaget anyed o ut that care must taken further, asitpertainsto Anderson Lakes. turb the -- Lakes. Too much may already have been diverted.. i MOTION: Tangen moved to approve the plan as presented with the pedes- rt i system including the addition of the sidewalk connection along . T.H. 169 south of the proposed Twin City Federal building. Kruell seconded, and the motion passed unanimously. R. Anderson asked how the Commission could find out about drainage and its diversion as it pertains to Anderson Lakes. He felt the City has a tremendous investpsnt in the area and was concerned about 249 • • • i+iinutes Parks, Recreation & approved Nev. 6, .19 Resources Conmissnon the effect of future development on. the:bal of the lake'�s. ' water level. nrent.'could help, Lambert suggested that the City 1:� � �--tte�liile Cek or the Conmission-could t a •rem Watershed District. Kroll also svg s ted. ete�mike aft' lift underground pumping into thrill•Lake �on Anderson'i ' R. Anderson turned the chair over toBa'ren . riRTIO1i: R. Anderson moved to ripest p from., J�iutershed act on the water level of Anderson La i ludic the effect of both drainage and 'diversi'Otl also tea detennit le the a ect u My ground 'pumping to Neill Lake might have OP Lakes' lam' .water level. Garen seconded-, end-the motion Carried unn• ani L Anderson reassumed the chair.` • • .Y411 MINUTES EDEN PRAIRIE PLANNING COMMISSION i .approved MONDAY, OCTOBER 23, 1978 7:30 PM, CITY HALL , COMMISSION MEMBERS PRESENT: Chairman Rod Sundstrom, William Dearman, Matthew Levitt, Richard Lynch, Oke Martinson, Paul Redpath and Liz Retterath q1:2D COMMISSION MEMBERS ABSENT: None STAFF PRESENT: Planning Director, Chris Enger Planning Secretary, Donna Stanley INVOCATION - PLEDGE OF ALLEGIANCE - ROLL CALL I. APPROVAL Of AGENDA MOTION: Redpath moved to accept agenda as published. .Bearman • seconded, motion carried unanimously. II. MINUTES OF OCTOBER 16, 1978 MEETING MOTION: Bearman moved to approve minutes of October 16, 1978 m.seting as published, seconded by Levitt. Motion carried 4-0-2, Redpath and Lynch abstaining. , III. MEMBER'S REPORTS • • None. IV. REPORTS AND RECOMMENDATIONS A. Eden Prairie Neighborhood Center, BarMil Search Corporations • request to rezone 11.7 acres from Rural to Commercial-Regional Service and preliminary plat the site. The site is located SW of Eden Prairie Center. Uses.proposed are: Applebaums, Savings • & Loan, a 40,000 sq.-ft. hardware and two free standing Restaurants. A public hearing. Mr. David Shea, Shea Architects, Inc., gave a brief presentation of the proposal on the two phases; Applebaum Food farketiSavines & Loan - first phase, Warner's Home Center - 2nd Phase. He outlined the traffic circulation within the free standing buildings. Mr. Robey, representing Homart Development Co., explained that • BarMil will be buying the land from Homart, and that their plan has been completely approved by the Staff of Homart, and that they feel it will be complimentary to the Eden Prairie Shopping Center. . Planning Director Enger briefly outlined the main concerns of i . . the Planning Staff as per Staff Report of Oct. 16, 1978. The two main concerns were: the proposed median break south of Parcel 2 to Schooner Blvd.. which is inconsistent with 2161 . • • approved • Planning Commission Minutes - 2 - October 23, 1978 A. Eden Prairie Neighborhood Center. . .public hearing (cont'd) • the geometries for proper traffic flow and signalization for the Ring Route, pointing out that a similar request from the Preserve for Area F to the South was denied. Another main concern was whether the uses being proposed now are consistent with the Homart's original PHD of 1973, which designated this parcel as a neighborhood center which would be conveniently available but not buried in the regional shopping center building. It was to offer such uses as: a major food store, drug store and other goods and services such as a beautician, barber, dry cleaners etc. Redpath, referring to the Southdale Shopping Center, pointed out the traffic problems generated by the free standing businesses located there, and inquired whether this would happen with the proposal being considered. Shea responded that Southdale Shopping Center was planned in bits and pieces, and he felt that with proper plans for circulation and traffic flow the kinds of problems that Southdale is plagued with can be eliminated. Beaman asked what the elevation difference was between the two levels of the site. Shea responded from 14' to 16' in various places tapering off to'the same level. Levitt inquired who would do the construction of the different build- ings, and whether there would be any uniformity. Shea explained there will be a unifying landscaping plan but each use has a definite identity. Lynch asked whether the parking and size of buildings would fulfill the potential of the 11.7 acres or was there potential for more free standing buildings: The Planner explained that the Staff feels the parking planned will fulfill the potential of the site, but pointed out that the original plan showed four uses, and the fifth use was added recently. Shea explained that they have no intention of doing more than planned at this time, and they would be willing to make a committment stating this. Sundstrom was concernd with where neighborhood center types of uses could - be placed if this proposal were approved. Robey explained that Homart's Eden Prairie Center has been able to ser- vice some of these needs. They have tried to put in a drugstore, but have not been successful because of economics. • • Q ' f • approved ' • Planning Commission Minutes - 3 - October 23, 1978 A. Eden Prairie Neighborhood Center public hearing (cont'd) Shea explained further that the 3.6 acres in the area to the east of this proposal could have those kinds of uses. The . reason they have picked the present site is that it requires less preparation than other sites they have looked at and because of the site prominence being adjacent to the Center. Sundstrom commented that this piece of land was intended for a neighborhood center type use, and was concerned whether another suitable site existed for this use. Retterath arrived at 8:20 PM. Lynch inquired what the total acreage of land available in the M.C.A. The Planner responded that approximately 1/3 of the M.C.A. is developed at this time. • Lynch commented that he had a problem with this site being thought • of as the only site for a neighborhood center use. The Planner explained that because of its proximity within the - Ring Route to the Major Shopping Center and to bus stops and future transportation needs that this site offered a good oppor- tunity for joint parking and one stop shopping. It also will provide convenience goods centrally located to the M.C.A.,popula- . tion and Preserve area to the south. Me felt the question was whether the 1973 PUD concept still was a viable concept and worth pursuing. •MOTION: #1: Lynch moved to close the public hearing on the Eden • Prairie Neighborhood Center, seconded by Redpath. Motion carried unanimously. • MOTION fl2: Lynch moved to recommend approval of preliminary platting for the lots, rezoning from Rural to C-Reg-Ser. for approximately 11.7 acres and change of the original A.U.D. 73-06 from neighborhood center to Canunercial Regional Service subject to Staff Report of 10/16/78 • recommendations, eliminating no. 4, and adding "The site plan must be modified slightly in order to meet City Ordinances". Redpath seconded, motion carried 3-2-2, Levitt and Sundstrom voting "nay"; Retterath and • Dearman abstaining. Levitt asked as a point of clarification whether the vote would be on concept? Lynch responded that the intention of the motion was as a proposal, not as a concept. Martinson commented that the traffic situation bothered him, noting a k similar situation of a steep incline into the site such as the Country Club Market in Glen Lake. Sundstrom added comment that by the action the Planning Commission was modifying the PUO. • • • • • approved Planning Commission Minutes - 4 - October 23, 19,8 A. Eden Prairie Neighborhood Center. . .public hearing (coot!) and that he preferred that the PUD be brought back with modifl.. cation for PUD action. He commented further that there is a need for addressing pedestrian access between buildings. Levitt did not feel there would be a lot of pedestrian traffic generated between buildings, with the uses proposed. "- glsq MEMO: TO: Planning Commission FROM: Chris Enger, Director of Planning PROPONENT: Bar Mil Search Corporation REQUEST: Preliminary Platting for 5 lots Rezoning from Rural to C-Reg-Ser. for 11.7 Acres LOCATION: Southwest of Eden Prairie Center in the northeast quadrant of T.H. 169 and Schooner Blvd. DATE: October 16, 1978 BACKGROUND The 1968 Guide Plan depicts this general area as Commercial or Regional- Service. • In 1973, Homart was granted P.U.D. approval for their shopping center which included this parcel in the site plan as a Neighborhood Center. 4......\>\ \‘ f 44 1/11,C7/:11' d�R `��r'r P),,, li 4,N(i \gi'76'''. \ '). i.tes•s•:-.S/ • /i ss.. 1:: `rt. \ °.nay ` r � / Wf � �r° MI/t ti� / v {...: ;'). Y^/�`jtr rw,fir .. P,p bow* wB '1, ....\•N roro�,i 6, r wr d O�....,�+..-"r.�peee,niw,Joao i }i .-. 11 1UF4s02.4.-.�Vn!'I.8OWwVW+M, d d i The following excerpt is from Homart's development proposal. "Outside the center ring route is the complementary development to the shopping center. Many uses are possible here and for- tunately we can control what is developed at our "front door." Noted on the site plan are suggested uses for an office building. cinema, and a neighborhood convenience center. Other possible uses include banks, saving and loan buildings, recreational facili- 2. ,j ties, and other retail uses. In each case we consider.each use se, that it complements the center in merchandising, parking 'uSe, :plus . site and building design. • Memo - Bar Mil Search Corporation - 2 - October 16, 1978 The complementary development most likely to precede the shopping center building is the neighborhood shopping center. this contains the everyday goods and services which should be conveniently available to the Village and center road system, yet not be buried in the regional • shopping center building. It will Otter a major rood StO1 , drug store, anti other goods and services such as a beauti San, barber, laundry and dry cleaner, variety goods, etc. • This entire site is being engineered to assure that proper care is given to the natural environmental balance. Initial land surveys are also identifying existing trees and related site conditions. Where possible, trees of acceptable quality and in usable locations will re- • • main. Those that can be relocatd will be. Beyond that a very complete landscaping program will be designed and installed bringing thousands ' of trees and plantings onto the entire site. Landscaping is used exten- • sively in our centers, in fact, we use landscaped islands for traffic control wherever possible. • It would be difficult to compete with the natural beauty of this area; instead we will complement it with buildings and landscaping suited • • to this setting." The Staff report at that time spoke about use relationships and consumer trips follows: • B. flute Composition and Consumer Patterns - Proposed on the HOMART 100 acre site are other uses than the regional shopping mall. The neighborhood center or community shopping center of approximately 150,000 sq.ft. with a junior department store•and major supermarket as primary tenants would fulfill a range of goods most commonly called convenience goods, whereas the regional mail center and other related regional shopping areas would fulfill the need for shopping goods. In convenience shopping, the selection is of minimum importance. Urgency of need, a relatively low purchase price make comparison shopping relatively unnecessary and by the same token, reduce the time spent by shoppers in securing these goods. Shopping goods, which are associates with a regional mall center, or comparison goods are priced higher, are used for a much longer period of time, hence brand name and individualization of features becomes more important. Traditionally, each merchandiser of varied goods, such as shopping or convenience, would group or cluster themselves together for case of access from the general public. Determining the convenience for the individual, the relative frequencies of shopping trips for each type of goods must be considered. During the year, more time is expended in a series of convenience purchases than in the shopping goods purchase. Comparison of goods is of little concern to the shopper on convenience good purchase trips. Therefore, in grouping convenience type retail facilities to a • Memo - Bartlit Search Corp. - 3 - Oct. 16, 1978 diversified center such as the HOMART area, are we doing any more than satisfying the preference for orderliness or planning while at the • same time forcing a change in consumer behavior through failure to provide alternate and more convenient sources of shopping opportunities. For example, the shopper is forced to travel five miles rather than one- half mile for groceries. Are we imposing a pattern of weekly shopping on a choice pattern which, in the present environment, may be daily or twice a day or weekly? The basic question is, are we providing choices for the residents of our community that have varied patterns of shopping and living. If Eden Prairie was developing all of its commercial, convenience neighborhood, and regional at one location in the Major Center Area this would certainly hold true that we are inconveniencing the shopper. The development pattern for commercial at this point relies heavily on the neighborhood, meaning small scale grocery • and minimum convenience shopping in close proximity to residential • neighborhoods, and in many cases, being the focal point of that neighborhood with elementary school parks, such as in Red Rock or in Edenvale or The Preserve and currently proposed in the Bluffs • West area. To compliment the small scale facility, there are proposed major community or neighborhood convenience centers of 100-160,000 sq.f with a major supermarket as tenant. These are propos„.1 with the HOMART �. site at Valley View and Mitchell in Edenvale. There is interest at the • Co. Rd. 4 and 5 intersection and in the southeastern area along a relocated Co. Rd. 1 and Franlo Road. Since there are other community shopping centers located throughout the community, it would seem that the location of one such center in the HOMART site would not jeopardize • the freedom of choice by the consumer within Eden Prairie. The elimination of the neighborhood center from the HOMART plan would on the other hand impose a limitation of choice for the shoppea. It is recognized in center development that the major supermarket, junior department store, and other convenience tenants do not work well within the shopping mall itself. Such essential things as rent per square foot which the major supermarket pays is approximately half of that expected by the normal retail mall. Likewise, the necessity for close proximity parking within your convenience center dictates a separate location from the mall itself. It has been proven that there • are many shoppers that will utilize the convenience services at the same time as they aro shopping in the regional facility. Also, within the Major Center Area, there will be housing and The Preserve directly to the south of the center site that would have very close proximity to the neighborhood center, particularly if it is connected with some form of pedestrian access to the housing within The Preserve. •'•The location of the neighborhood center ncliecent tg the retail mail makes sense particularly if there is a strong pedestrian connection 230 that well . t31i�7i Fo li,� ret iii space aging ttLil pc c'idsiriii w'ay to encourage the movoment between the retail and conveniunca centgr • tome-8arl4ll Search Corp. - 4- Oct. 16, 1978 • This is being tried in Ridgedale with enclosed walkways and clustered convenience facilities atop the discount store. Other advantages such as Joint utilization of the parking during .peak periods would provide the rationale. The access to the convenienee as proposed by HO MART would be from the interior aerianeter.road q f the HOMART site, with no access on to 169 or the Village Ring Route, • The other parcels, some labeled office and cinema, along with Other, development such as banks or convenience food establishnts or restaurants, are uses that have traditionally been located On the perimeter of retail centers. The uses have good relationship with the function of a retail center and.that of Eden Prairie Maier Center Area since it provides entertainment service and'employment. ,Rownyer .. • the plan proposed with separate structures_ iz disconnected:end,ohl t ;accessible by aut®mobiies is not the'lee ut arion a their 3ulrir►tt Rather the clustering of the structures together along,.it pad!'a 1C1 1 • access with other rialattet'nags rilakas ra n h.mardtes,m4 for Minkel*. • the cinema which has the evening peak, which lets ant many tinte9 after the retail mall is closed, should have close proximity to. restaurants, convenience food cantors, without the,necessity of • driving`one's automobile to that Iftruition withii the canter site. 4 Llkewisa, the office structure sitting in the sea of'parking dose not relate well with the restaurants or the mall without the use of the automobile. Clustering of uses along pedestrian ways again is essential for grouping of these future development uses." • • WugasF®RnT F.:y • iiene-Bar#il Search Corp. - 4- Oct. 16, 1918 • • • This is being tried in Ridgedale with enclosed walkways and • clustered convenience facilities atop the discount store, Other advantages such as joint utilization of the parking during peak proode- would provide the rationale. The access to the con?yntlenC•e center as proposed by HOlrt RT would)?e,f 1p.,thp interior perimeter road of the HOMART site, with no access on to 169 or the Village Ring Route. The other parcels, some labeled office and cinema, along with other development'such as banks or convenience food establishments or •r restaurants, are uses that have traditionally been located on the perimeter of retail centers. The uses have good relationship With the function of a retail center and that of}den Prairie Majorcenters i Area since it provides entertainment service and empicyMent, the plan proposed with separate StruCtilren disconnected and tntly accessible by au€on rs obit fs not the ter st ut of their aUirrq . Rather the clustering of.the structures.together a'loi a, nOt- • ..•. ,.,;, ;;. aCCess wij�eather rt3lnt�d.� ,9 mk.mm m.nh m.nrn' ceiriaa�. 'Par. pie.,. the cinema which has the evening peak, which let out manly Ores* after the retail mall is closed, should have clot*troxim ity to restaurants, convenience food centers, without the nely of • driving one's automobile to that location withip the-center site, • • 4 Likewiss, the office structure sitting in the sea of cking does nOt relate well with the restaurants or the mall without the use of the automobile. Clustering of uses along pedestrian ways again is essential for grouping of these future development uses." _. 1 Memo - Bar-Mil Search Corporation - 5 - October 1S, 1978 CURRENT PROPOSAL The current proposal by BarMil Search is different than the type of neighborhood center originally intended to compliment the major shopping Center on the following points: 1) Of the five buildings proposed, only two of them are identi- fied, the major super market and the Savings and Loan. It is therefore difficult to evaluate whether the remaining uses will help constitute a neighborhood center or not. w: 2) The building on parcel #2 is proposed at 4O,000 sq. ft.; being larger than the major super market. We can only guess that this is anticipated to be a Regional Use. The smaller uses on Parcels and #5 could be; restaurants, fast food, auto . .. supply; almost anything. 3) The original plan contemplated a shopping center (similar to `, Prairie Village Mall) which would cluster uses and cut down on the need for automobile circulation. This proposal will not accomplish that goal for two reasons. The ,buildings are not clustered and pedestrian circulation is not adequatelyt defined at this time. Also, the uses do not appea' i related or of the type that would encourage a joint trip. If this area becomes free standing regional uses, where will a camplimen- tary neighborhood center occur in the M.C.A.? The current proposal on the Titus property to the north would eliminate the previous P.U.D. on that site. The Preserve Area G to the west is already subdivided into small lots for free standing uses. Perhaps Area F to the south or the commercial land to the northwest or to the east. However, these sites have all been designated as Regional (Commercial, Office, or Service) under the M.C.A. P,U.D. They are also across the Ring Route from the Major Shopping Center and therefore begin to lose some of the direct pedestrian relationship originally contemplated between the Neighborhood Center and the Major Shopping Center. ORDINANCE REQUIREMENTS C-REG.-SERV. Ord. proposal parking 8/1,000 G.F.A. 6: /l;000 r.F.A- 715 US - Cross parking easements must be:pro. Bided and ;pedestrian circulation better defini. setbacks 35, ply proposed:ems am. sldeyardFrontyar . .meet front yai'Q seA i � Rearyard P104 O slog np 51sd., Rearyard 215 • Memo - BarMil Search Corporation - 6 - Oct. 16, 1978 Ord. Proposed Parking must be at least 1O' from any side or rear lot lines and 5' from bldg. not permitted . in front yard F.A.R. .2 max. .17 Minimum lot size 10,000 sq. ft. minimum lots parcels 3,4,5 4,000 - 5,200 Special Purposes of C-Reg-Ser District • . a) To provide appropriately located areas for.commercial uses having features that are incompatible with the . • purposes of the other commercial districts. b) To provide sites for businesses that typically are not found in shopping centers, that usually have relatively • large sites providing off-street parking, and that attract • little or no pedestrian traffic. c) To maximize the efficiency of the regional district by limiting or prohibiting uses that break the continuity of commercial frontage or are incompatible with an attractive pedestrian shopping area. • Signage must be in conformance with ordinance 261. Landscaping must be in conformance with ordinance 178 and in atidi- tion should incorporate plantings throughout the open areas and canopy trees throughout the lower parking lots, similar to the Houaart Center. Lighting may be of the high or low canopy type. • EXISTING SITE CHARACTER The site has been previously graded into a higher or lower pad; this would be modified to accomodate the proposed buildings. SITE PLAN Grading and Drainage will be evaluated by the City Engineering department • prior to final approval. Grading is minimal with storm drainage being collected in a private storm sewer system and taken to the existing Homart System and that along Schooner Blvd. • 2go0 . • Memo-BarMil Search Corp. _ 7 - Oct. 16, 1978 The buildings are oriented so that each of the majors has high visibility from T.H. 169 and Schooner Blvd. Signage would be individual to each use and not co-ordinated for con- sistent appearance. Open space for landscaping is included around the periphery of the site. There is a steep artificial slope in the center of the site which will he modified but left open to accomodate the grade change. The pedestrian system should be more clearly defined internally. How- ever, the developer should construct a 5' concrete sidewalk along the north side of Schooner Blvd. from T.N. 169 to the Franlo Road Shopping Center Entrance. Also from Schooner Blvd. north along the west side of the entrance road R.O.W. to the internal Ring Road then northwesterly along the landscape median to the intersection of T.N. 169 and the south T.H. 169 shopping center entrance. The Cash Park fee of $1200 per acre shall be payable prior to each building permit issuance. . • TRANSPORTATION . • Access: Major access to the site is taken from the internal shopping center Ring Route anti entrance negative to the south. However, a median break is requested south of Parcel 2 to Schooner Blvd. The question of additional median breaks has been brought up before in this section of the Ring Route. It would occur approximately 360' east of the intersection of T.H. 169 and Schooner Blvd. A similar request from the Preserve for Area F to the south was denied for the following reasons. 1) The Ring Route was carefully designed with adequate spacings to effectively service the surrounding coQmiercial with a smooth flow of traffic beneficial to all in the area. The spacings will allow signalization in the future. Intermittent spaces would not and would cause cross traffic flow congestion. 2) The proposed median break occurs in close proximity to the T.N. 169/Schooner Blvd. intersection, occurs in the middle of a 4% down grade and at the beginning of a free right turn lane. 3) The Homart Neighborhood Center site was not intended to serve individual free standing uses, therefore, if the buildings were grouped properly, there would be no need for a median break. 4) The existing Franlo Rd. entrance to the shopping center area is • only 850 feet from T.H. 169, a distance a car traveling at 30 M.P.H. • can cover in 20 seconds, making access more than adequate. • • • • • • Memo-BarMil Search Corporation - 8 - Oct. 16, 1978 • The median break should.not be allowed and if a Right in Right aut is to remain it must be consistent with City Engineering Department recommen- dattons regarding final geometrics, acceleration and deceleration lanes. • FINDINGS AND CONCLUSIONS 1) The Land Use proposed seems to be regional in scope; more information from the proponent regarding 3 of the retail parcels is needed to determine if this will function as a • Neighborhood Center as originally approved. 2) The grocery store and savings and loan are appropriate uses • in a Neighborhood Center, however, the site plan showing all buildings free standing does not lend itself to one stop shopping and the automobile will be utilized for transporta • - • tion between uses. This is not consistent with the original approval. • 3) The site plan must be modified slightly in order to meet City Ordinances. • 4) The requested median break is not appropriate. • 5. The pedestrian system is not clearly defined. • RECOMMENDATIONS The Planning Commission may choose to act on any of the following alternatives: A. Recommend approval of preliminary platting for the lots, rezoning from Rural to C-Reg-Ser. for approximately 11.7 acres and change of the original P.U.D.-73-06 from neighborhood center to .Commercial Regional Service. 8. Recommend denial of the request because it is not consistent • with the P.U.D. 73-06. C. Request the proponent to clearly define the uses anticipated and modify the site plan to provide a clustered neighborhood center with appropriate pedestrian systems according to P.U.D. 73-06 and the following items: • 1) The median break for full access to Schooner Blvd. will • not be allowed. • 2) Landscapinn throughout the parking areas and screening from • public roads will be required. • • 3) Pedestrian systems similar to those approved in P.U.D. 73-06 • will be required. 4) Clustering of buildings and the mall concept should be utilized. 2 FcrrrZ • • • ' Neale - BarMi1 Search Corporation - 9 - Oct. 16, 1978 The question in this case is: Is the original concept approved in P.U.D. .' .7 -06 for Homart Center depicting this area as a neighborhood convenience tenter still valid today? The Planning Staff believe that it is. This concept cannot be as effective or work the same if the neighborhood center is located outside of the Ring Route. The central location, its proximity °`ta bus stops and additional parking and the Major Shopping Center cannot be duplicated anywhere else in the M.C.A. By the same token, there is ample area outside of the Ring Route and not contiguous to the Major Shopping der which is acceptable for free standing uses. Ile; current proposal could be modified to incorporate the grocery store -and the 40,000 sq. ft. major retail uses as anchors with a small shopping mall occurring with them to supplement the convenience need. This could a'; felt in an appropriate blend of some major uses that have some regional character with appropriate neighborhood shopping mall uses in conjunction tO Preserve the land use and pedestrian use concept. tern this reason the Planning Staff recommends alternate C. • • • 21 • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION MONDAY, NOVEMBER 20, 1978 7:30 P.M.. CITY HALL • COMMISSION MEMBERS PRESENT: Richard Anderson, Chairperson; David Anderson, Steve Fifield, Robert Johnson, Robert Kruell, George Tangen ;OMISSION MEMBERS ABSENT: William Garens COMMISSION STAFF PRESENT: . Robert Lambert, Director of Community Services; . Jim Jensen, City Park Planner; Sandy Warts, Recreation Supervisor • HERS PRESENT: Betty and Len Uherka, Jerry Stulman, Janet Gerecke, Joan McKee, Kent and Julie Molde, Ryan Molde, Bruce Brill, Dean A. Holasek, Hakon Torjesen, Peter Sussman. Korsunsky- Krank-Erickson Architects; Lynne Forster, League of Women Voters; Dick Dahl, E.P. News; • Al Dybier: E,P. Sun B. Reports of Staff 1. Development Proposals . a. Thrift-Way Grocery Store Bob Lambert introduced Mr. Peter Sussman from Korsunsky-Krank- Erickson Architects, who was here to answer questions about the proposed Thrift- Way Supermarket. He briefly described the location, their various i • landscaping and screening proposals, the drainage pattern, and the sidewalk they would construct. R. Anderson questioned the drainage as it would relate to Anderson Lakes. Lambert explained that the present pattern flows through a storm sewer system at West 78th north to Smetana Lake to Purgatory Creek. This will change however, with the completion of the freeway interchange; at that time Anderson Lakes will pick up the drainage. • Kruell asked which alternative was recommended by the staff. He . was told that alternative "D" was recommended by the Planning Staff. _ _ Mr. Sussman pointed out that the planning commission had also ' recommended lighting changes, which they were working on. MOTION: Kruell moved to recommend approval to the Council according • IT Tinning Staff Memo of October 16, 1978, recomendation "C", incorporating all ten items. Motion seconded by Fifield. • • DISCUSSION: Mr. Sussman pointed out that the Planning Commission had dropped number seven from consideration at their last meeting, i• feeling it was not applicable. • • Kruell felt that it was best to leave the item intact, since the entire picture of adjacent land use is important. VOTE: The motion passed unanimously. . 21L14 MINUTES EDEN PRAIRIE PLANNING COMMISSION approved MONDAY, NOVEMBER 13, 1978 7:30 PM, CITY HALL COMMISSION MEMBERS PRESENT: Chairman Rod Sundstrom, Liz•Retterath, Matthew Levitt, Richard Lynch, and Oke Martinson COMMISSION MEMBERS ABSENT: . William Beaman and Paul Redpath STAFF PRESENT: Chris Enger, Planning Director Donna Stanley, Planning Secretary Invocation --- Pledge of Allegiance --- Roll Call • • I. APPROVAL OF AGENDA • MOTION: Lynch moved to approve the agenda as published, seconded by Martinson. Motion carried unanimously. II. MINUTES OF OCTOBER 16, 1978 JOINT PR & NR COM/PLAN. COM. MOTION: Martinson moved to approve Minutes of October 16, 1978 Joint meeting with PR & MR Con., seconded by Lynch. Motion carried, with Lynch abstaining because of absence. MINUTES OF OCTOBER 23, 1978 MEETING The•fol lowing corrections were requested: Pg. 5, para. 5, sent. 2, delete "definition"; add "elevation" " 6, add "Lynch felt that the type of promise made by Minnesota Protective Life Ins. for lighting is not working out that well. He pointed out that Titus Rd. is not buffered from homes on Leona Rd." MOTION: Lynch moved to accept the minutes of October 23, 1978 meeting • as amended and published. Retterath seconded, motion carried unanimously. III. MEMBERS REPORTS None. IV. REPORTS AND RECOMMENDATIONS A. Thrift-way Stores, request by Mr. Salzburg to rezone 5.409 acres from Hy.-Com. and Rural to Commercial-Regional Service for a grocery store. The site is located on the north side of west 78th Street and south of Leona Road. Continued from 10/23/78 City Planner Chris Enger briefly outlined the concerns exprkssed at the • 2g6S Approved Planning Commission Minutes - 2 - November 13, 1978 A. Thrift-Way Stores.. . . Continued from 10/23/78 (Cont'd) former meeting and the proposed revisions by Thrift-Way in response to these concerns - reduction of floor area ratio; the comritment of landscaping to mitigate effects of the removal of some of the evergreens on the site; lighting plans that would eliminate glare into adjacent homes; and resolving differences in grading, and sight lines to the north. • Mr. Krank of Korsunsky, (rank, and Erickson Architects, explained that since the first meeting, they have been working with another store planner to work out exact measurements, and that they have met with the Presbyterian Church representative, Mr. Tony Hirt, and walked the site. He presented a series of graphics indicating the changes in the grading and landscaping plans, and explained how the car head lights would be screened from residents north of Titus Road by a berm. Parking lot lighting would be off at a 90 degree angle at the property lines through the use of special luminaires. The Planner explained that the concerns listed in the staff report of October 16, 1978 have been adequately addressed by the proponent and • . that variances would be needed for the parking spaces and floor area ratio. Levitt questioned the proposed parking plan. Krank explained that they • have set guidelines for themselves as to what has been necessary, and the City has a different ratio designated in the ordinance. . Lynch inquired how many spaces were being proposed. The Planner responded that 500 were called for according to the ordinance, and 330 were being proposed. He pointed out that this plan is similar to Prairie Village Mall, Eden Prairie Center, and BarMil Search in their parking plans, and it has been adequate. Lynch expressed concern that the proposed sidewalk did not tie into another sidewalk and why it wasn't proposed for the front of the Church. The Planner explained that the intent is to construct sidewalks along Titus Rd. and W. 78th St. in the road right-of-ways, the system was consistent with the original POD and the sidewalk along Titus Rd. would be carried along with its extension. Lynch questioned the sight lines and elevation of the proposed berm. Krank explained it would be a combination of greenery, berming and fence, and that the sight lines are such that only three residences would be looking directly at the project, which was at a lower grade. Martinson inquired whether the fence would go along the west side of the property, in order to screen semis unloading. (rank responded negative, explaining that the existing trees would be adequate as a buffer. Sundstrom did feel that the buffering land was adequate. Sundstrom inquired about the floor area ratio, and whether the warehouse space is added to the F.A.R. Krank explained they have figured parking spaces for the store, the restaurant and the warehouse separately, allowing parking spaces for each. • 2a46 Approved • Planning Commission Minutes • 3 - November 13, 1978 -A, Thrift-way Stores. . . -Continued from 10/23/78 (Cont'd) Sandstrom asked what the intention of the floor area retie require- ment was. The Planner explained that the intention was to limit the size of the building in relation to the lot itself, in order to balance parking requirements, building area, and open area. Sandstrom inquired about the possibility of land east of this proper:41 •for use to fulfill.F•A.R• Krank explained that-to the past proponent had tried to put it together, but it proved to be an - warkable plan. He felt the F.A.R. was insignificant, and they are trying to put it together as a realistic plan. NOTION: Levitt moved to recomrend to the Council approval of the, request to rezone the approximate 5 acre site from Rural and Highwa Commercial to Commercial-Regional Service as per the material submitted and dated 11/6/78, 11/9/78 and 11/13/78, subject to rrrammendations ofstaff report of October 16, 1978 (1-6, and 8.10; excleding: no. 7 and adding no. 11 - "that lighting units be used that minimize bath glare and illumination of the adjacent land areas". Martinson tarnndad,, motion carried 3-2, with Lynch and Sundstron casting "nay' votes, Lynch commented that he does not feel the site is adequately buffered from single family homes on Leona Rd.; he has majorconcerns that the lighting will not be accomplished to the satisfaction of hoteOwner; ' and that he also had concerns regarding the proposed sidewalk. In his opinion, the project is too large or intense for the amount ' of property being planned on. "v'- MINUTES EDEN PRAIRIE PLANNING COMMISSION .approved MONDAY, OCTOBER 23, 1978 7:30 PM, CITY HALL • COMMISSION MEMBERS PRESENT: Chairman Rod Sundstrom, William Beaman, Matthew Levitt, Richard Lynch, Oke Martinson, Paul Redpath and Liz Retterath(8:2i COMMISSION MEMBERS ABSENT: None STAFF PRESENT: Planning Director, Chris Enger Planning Secretary, Donna Stanley B. Thrift-way Stores, request by Mr. Salzburg to rezone '5) -acres from Rural to Commercial-Regional Service for a 60,000 sq. ft,, grocery store, The site is located on the north side of West 78th Street and south of Leona Road, on the western portion of the Titus P.U.D.(First Present. Mr. Krank, Korsunsky Krank Erickson Architects, Inc., presented. the plan, noting two ordinance recommendations they are not meeting;floor area ratio and parking. He explained their parking ratio is 5.1 cars. He 'referred to plan submitted previously as'schematic, and called atten- tion to supplementary drawing further elaborating details of the plan. • Mr. Terry Jacobs, Landscape Architect, briefly outlined their proposed proposed landscaping plans for the site which consisted of a 6 ft. • wooden fence along the northern and western boundaries with evergreen plantings; planting islands with a pedestrian bikeway system running from entrance east to Titus Rd. and northward to property line; and a berm to the south. Jacobs responded to the staff report of 10/16/78.noting they have met most of the recomendations. The Planner commented on the proposal, noting that it was a good attempt at screening the site, but felt that with the floor area ratio proposed, little land was left for buffering etc.. He added the staff would like to know the plans for the balance of the property development on the site to the east pointing out there are no arrange- ments made for cross parking with the property to the east. He noted that the entrance tied across from the Eden Prairie Center. He commented further on the plans for removal of the knoll, and also • felt the fencing so close to parking may not work well. He felt the sidewalk would be appropriate in the City right-of-way. Levitt referred to the 1975 PUD, and asked about the greater floor area ratio in the present proposal. • Krank explained that his client does not own adjacent piece of land, but he•plans on a double lane for parcel pick-up to move people ' out of the parking area rapidly. • 2..147 • • approved Planning Commission Minutes - 5 - October 23, 1978 • B. Thrift-way Stores first presentation (cont') Lynch felt additional site lines should be shown from surrounding neighborhoods. Krank explained that residents would be looking through trees to the site, and that the church property line was 100' away from the building. Tony Hirt, 6533 Kurtz Lane, representing the Eden Prairie Pres- byterian Church, expressed concern with the landscaping and grading plans - how will the 6 to 8 ft. knoll on church .property fit into their plans, and he was concerned with the placing of the fence. Krank responded that the fence undulates back and forth within the property. • The mature trees on the churches property will remain. • Mr. S.Koehler, 7131 Topview Rd., explained that he owned property on Leona Rd., and asked what the elevation of the first floor of the structure was, and also expressed concern with lighting around • • the building. Krank responded it was 4' lower than grade of the street level and up to 5' below grade on the site. He explained that the l;ghts de- signed for this type of use can be made to point straight aoom at property boundaries using "cut-off" luminaires. Lynch felt that the type of promise made by Minn. Protective Life Ins. for lighting is not working mit that well. He pointed out that Titus Rd. is not buffered from homes on Leona Rd. Mr. Terry Walton, 11401 Leona Rd., was concerned with traffic generated, pointing out there are children in the neighborhood,and would like to know what provisions will be made to keep them out of the parking lot. Krank responded there will be a fence and also a pre-designated path on the City right-of-way. The Planner explained that the placement of Titus Rd. previously approved by the City to connect through to Leona Rd. was done.for the purpose of providing access for the area if it develops into commercial at some point in time. He added that the idea of the sidewalk was the same, to provide access for pedestrians between the Center anti the area to the north. Walton requested that a fence be put up across the rear property line • to keep children out all along the single family property units, and felt a sidewalk was not necessary. MOTION #1: Lynch moved to continue to the November 13th meeting to give prQpo• nest time to address recomendations of 10/16/78 staff report, specifi- cally no. J, and that the questions of lighting, site lines and elevations be addressed. Retterath seconded, the motion carried 6-0-1, Dearman abstaining. • • • • Planning Commission Minutes - 6 - October 23, 1978 B. Thrift-Way Stores. . . first presentation (coat') Bearman requested addition of reason for abstaining on the two preceding proposals because of friendship and business relationships with the proponents. Lynch suggested relative to Titus Rd. fence, construction to the center of the property line, rather than to the end. T Sundstrom commented on the change from the 1975 PUD as far as coverage of the site. • • Mr. G. Darkenwald, 11803 Franlo Rd., explained that when the PUD was approved, there was no sewer, but , there is now. • MEMO: TO: Planning Commission FROM: Chris Enger, Director of Planning • REQUEST: Rezoning of 5.409 acres from Rural to C-Regional Service PROPONENT: Thrift-Way Inc. LOCATION: North of Eden Prairie Center, south of the Presbyterian Church DATE: October. 16, 1978 BACKGROUN0 The 1968 Comprehensive Guide Plan illustrates this area as Commercial. The 1973 Major Center Area Report illustrates this area as Regional-Commercial, Highway-Commercial, Regional-Service or Regional Office. In 1974 Titus Inc. applied for the Planned Unit Development and in March, 1975 they were approved for Planned Unit Development illustrating two restaurants of approximately 4,000 sq. ft. in size each; one occurring on the western edge of the site, one occurring on the eastern edge of the site. Also included was a Tires, Batteries and Accessories store, a free-standing use of approximately 3500 sq. ft. A in size, and a 25,000 sq. ft. multi-tenant retail center building. The current request is 5.409 acres of the original 7.8 acres included in the 1975 Planned Unit Development approval. The 197:. rUD approval was made contingent to a 24 month time period after which the proponent would not oppose voiding of Resolution 964, which would eliminate the PUD approval. Although the proponent applied for and received a six month extention, that time period has again elapsed. The City Council, however, has not acted to remove the PUD approval. In any event the use now anticipated does not fall within the scope of the 1975 PUD. The original PUD designated 36,547 sq. ft. of retail buildings over the entire 7.8 acres. This use contemplates 120,000 sq. ft. or 60,0O0 sq. ft. of coverage on 5.409 acres. The 1977 Guide Plan Update illustrates the area generally as Commercial. ������' -�1968 GUIDE PLAN ^^ .e.e'—" --7-'7C.:,..\y '''�-'){!iI1 �� ---! ` _M,i; `,'fit`\� �`�'• ^�^�(' ` , r ; K72) ( r.......i ,..A,,,,, , L __, ; II \` -.ram"- 4 U •.+ L---‘--7-4` ' I i 2 JM+ ( Jl'I' „✓,ti'�M+ L •• '\> �+r eAse:.:r � 4 ) ..„ :_c • ..-,c, ,(,./71,,, .....,, -----,, ,N, r _, t--ii- r T- \1j pnsm0 1. • • • • • y. Remo - Thrift-Way Inc. - lb - .. October 16, 1978 j \ ..r'11�i 19. . .r.• r •/l, '1 ... 1. 2e. '...lel. .' h .:. C1). `�' } Z ` 1 ��Jhr y� b�• C •G �+ i , t,..(.- - ..i...._.:,.,:_,, 4;,,v;‹,,..-.‘,1\41:,,f.p,,,,.E.r.:N. t -..... .. ,...15 t:.,m O ° ti..:'.,cam..r3 t•- e r r.i \,...<' g)+; ° .Y`/f 'N . • .G 1 ^ '.. '.�, �.� `w A i.'fir n at {"t • Q yF�TY1}}11 tea: O ...♦ .„. •.'11wjY'. .. ff ,�J• . }a.1 t••t ^°i l '°'` b A r; g;3a's _e4i•a Iitli4;« h �"1.iiiii) 41.•,: r' '�", • 1a ,. ... . ' • t C.� Y - •�`f slF.ag -. `'y h. t�l�yl'�. 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I.... \ ‘ s t •. ......!.'. - L - . , 1 1 - ' .t --c-±5 ttg.I I 1 L.1 s . .., ... ' , • • ...a es.r......1 .. .- . 1 .1 .....a....... • ir.....- .7....)... . . 1 . . . . . . ? 1 . ...as•••.-.I..o ..l)o oci00000000 • \ ....+•.mm..s...r.• . 1 s I . t . I ••••••C 6 : \3 \ : cl-=''--.----.- , ,--_'' TiTo tI, 0 ..4- t =,_ i - ,. - 4 A to._ -.... -- :-$ . 0 1 Zlil t 0 *eta- . ..7:';-... • . - i I .. - -- r•..• ..) ::: 7 i S , pi I* i .."---------,.., -- .i) . ... 1 t —1975 PU forme ntoo • . . t 1 ca?"4'..tte - n.,,,,,...***.iff.`, • ;..-.F.,:•=4,,3•:',•,"•:''' ' . . • • Memo-Thrift-Way Inc. - 2 - October 16, 1978 : In 1976 the final plat was approved which divided the property according to the 1975 Planned Unit Development and established Titus Road in a 60 right-of-way about 360' off center line to the east of Eden Prairie Center access. There are two blocks created by this subdivision: block 1 occuring on the east side of Titus Road, block two occuring on the west side of Titus Road. Block 2 is the 5.409 acres being requested for rezoning to C-Regional Service at this time. Within Block 2, there are two lots, 1 and 2. In order for the building to be built as proposed, lots 1 and 2 will have to be combined for the proper setbacks to be met. ORDINANCE REQUIREMENTS From Ordinance 135 the special purposes of the C-Regional Service District are: A. To provide appropriately located areas for commercial uses having features that are incompatible with the purposes of the other • commercial districts. • B. To provide sites for businesses that are typically not found in shopping centers. that usually have relatively large sites providing off street parking and that attract little or no pedestrian traffic. C. To maximize the efficiency of the Regional District by limiting or prohibiting uses that break the continuity of commercial frontage or are incompatible with an attractive pedestrian shopping area. The minimum zone size for C-Regional Service is 10 acres. Planning staff understands that the reason for this is to prevent small spot zoning areas of C-Regional Service throughout the community, however the C-Regional Service Zoning category is only being contemplated in the Mahor Center Area, which will be all commercial and office use. Minimum lot size for C-Regional Service District is 10,000 sq. ft., minimum width is 80', minimum depth is 100', minimum front yard is 35', the minimum side yard is 20', minimum rear yard is 10'. The maximum floor area ratio committed in a C-Regional Service zone is .4 for a multi story and .2 for a single story. Thrift-Way is providing 330 spaces for parking, while 510 are required by Ordinance. Thrift-Way is also proposing a 25% site coverage with the building while 20% is allowed under the Ordinance. This would explain why such a very small percentage of the site is left for buffering or landscaping. The 1975 PUD that was approved for this area was able to preserve much of the vegetation occurring along the north side of the site by leaving significant areas open in between parking pods and allowing additional distance to the lot line. In the current proposal a 10' distance is shown to the hard surface area along the entire northern boundary of the site. The previous PUD approval showed terming along the entire southern portion of the site adjacent to W. 78th St. with no less than 35' of landscaped area to the property line. The current proposal.meets the 35' front yard setback for the building but the • 2r711 • Memo - Thrift-Way Inc. - 3 - October 16, 1978 setback containing landscaping diminishes to 10' near the project's eastern corner. No information is given on parking lot lighting or on building signage. The Planning staff suggests that the signage be in complete conformance with the Sign Ordinance. Adequate opportunity for screening and landscaping is not evident within the site plan. Since this site is being divided off from the acre eastern site and a parking variance being requested,the City should receive some indication from the land owner what the 'Intended use of the eastern portion of the property is and what provision can be made between the two parcels for shared parking for peak times. On the very western portion of the site we see an area labeled as service along the western side of the building. Since the lane is shown as exit only, it appe a•s that before loading docks anticipated will angle toward the street. Planning staff would suggest that this become an entrance for . truck loading so that the loading areas would be angled away from the street. EXISTING SITE CHARACTER The soil in the area is compatible to this type of construction, however the topography on this end of the site must be altered significantly. The small wooded knoll that was the previous site of the Wyeview Motel contains a number of mature evergreen trees which will be taken down and will be the site of the building pad as proposed. In the previous PUD this knoll and the mature vegetation associated with it was to be incorporated within the site plan and utilized as a site amenity. There is a band of dense trees and brush occurring along the northern border of the property which this proposal will eliminate because of the grading contours. TRANSPORTATION Access to the site is utilized directly opposite of the entrance to the Eden Prairie Center and from the platted Titus Rd. . The service entrance located on the western boundary of the site occurs on the curve of W. 78th St. and toward the beginning of the free right turn onto Highway 169. This has the potential as a hazardous situation with large semis trying to exit without proper site distance. The inclusion of Titus Rd. in the location shown on the Flying Cloud Center plat is the location agreed upon in the previous PUD submission and will allow future access to the Leona Rd. area if desired. The pedestrian system previously required in the PUD is not adequately addressed in the current proposal. The previous PIJD provided trailway circulation in east/ west direction and also in a north/south direction.T6,is was to be provided through substantial green areas on sidewalk which are more appropriate places to walk than in traffic lanes and parking lots. The Planning staff would suggest that a sidewalk be placed parellel to the W. 78th St. road right-of-way within the landscaped area within the site from the central entrance eastern to Titus Rd. and the sidewalk proceed north from there along Titus Rd. 2riS • Memo - Thrift-Way Inc. - 4 - October 16, 1978 • FINDINGS AND CONCLUSIONS 1. The land use proposed is consistent with the Major Center Area Report and the C-Regional Service Zone. The site plan shown is not consistent with the original 1975 PUD and is not in conformance with City Ordinances regarding floor area ratio. • 2. The use of the site proposed constitutes an excessive coverage of the site not allowing adequate room or distance for appropriate screening, buffering and pedestrian circulation to other uses. 3. The current proposed use is twice the floor area ratio previously approved in the 1975 Planned Unit Development. 4.. The use occupies a site which under the 1975 PUD would have had more direct relationship with surrounding sites. 5. The site plan eliminates all natural site amenities. RECOMMENDATIONS The Planning Commission has the following alternatives regarding considera- tion of this proposal: A. Approve the rezoning from Rural to C-Regional Service with variances. requested as presented. • B. Deny the proposal as presented as not being in conformance with the 1975 PUD or floor area ratio as required under Ordinance 135. C. Approve the project subject to the following items: 1. The floor area ratio and hard surface coverage of the site be reduced to allow more adequate buffer space and landscaping similar to that outlined in the 1975 PUD. 2. Canopy trees and landscaping must be incorporated thoughout the parking lot similar to what was done for the Honrart Center. 3. A pedestrian circulation system reflected in a 5' wide concrete pathway along W. 78th St. from the central entrance to Titus Rd. and from Titus Rd. intersection with W. 78th St. north to the northern property line within the City right-of-way which would be constructed by the developer. • 4. The loading dock area on the western side of the building should be oriented away trom the public road and the western exit should be made an entrance for service vehicles only. 5. The western service area bays should be adequately screened according • to Ordinance 178. 6. Since the mature evergreen vegetation on the knoll is beingcemplet1y eliminated and the site character being,completely Chadged, the 76 iv developer should mitigate the ill effects of this loss,through be,'ix, , landscaping with large plant material throughout the site, • t 4 - Thrift-Way Inc. - 5 Ottoi»t 16, 1 . •• The remainder of this site to the east as was proposed' in t e .., original PUD should be re-enforced as to its original nand use or a change requested based upon the developer's desires at this time so that the overall planned picture cant be iootted' at at this time. g. That signage for the proposed building be according ttt the Sign Ordinance. g. Cash Park fee of $1200/Acre payable prier to butid trg permit; 10. Subject to City Engineering review. ,,,line Planning Comnission may choose to return thee proposal as j efit d .:",,, :1.',.,,:::';'•,,,;7:';',,,,,lit,,,"....;'-'::,:,..:.i..-:....".,...: to the developer to make the changes outlined i alternate C for alTtet the Planning Ctmunission to review the chariyea. prier tcn their r llt e= `'' tiara to the City Council. • 'Ili; Planning Staff would recommend Alternative O. • • d:f • . t ('', t r- - • IllS. r, K 3. rp�y z sus �pcn0._, a o ' a Arta "'�17.1 N 0yr-aAri n Pa •may gy �me'm rrt O T+1 ! =S J 21 N y7 0 2 am cl. «�3 'w3N N +to remit �p a� c� do ns, mina ; a u a o `tm .. damp.1 c — �Gs Z Xh rri ..., dLM�• Z MO p.�"al Z "t1 =O 4 .�.� O.O y•3\ 0' -c J O 4 ffl�p 4� Nc't . p .". a . n =as cO r ' ICO el ID 13 _� IC O r GI N asss •1 'S m • !ist.1 K y47 ®� «r ' IV 0 C �,yet n rp.tiC p�jr a. Mw h h s `-`` `4V /- 4 N 9 4 > _ • a Ng ,..) ij 1' AM' ' AISP.,vg.11. � i r♦ AfCtwp � , . 1W...1 , A...::, ... ;11..,...4 •� ,t z.z.zi �a,3 �y 7�: °" iy � \ C�d (11 • Cot Minnesota Department of Transportation 2055ct 5 No. Lilac Drive of 0 Golden Valley, Minnesota 55422. (012)84S.3761 *Maher 20, 197E .. i Chris Forger CO llamas' O often Prairie Road Prairie, Minnesota 55344 3f reply refer to: 315 44. 2762 T.U. 169 141'ir iew of Shady Oak Industrial Park -'f'.1,1Citted at the interchange of T.H 169 and C$Mi 61 . '',41iiit Of TB 169 in part of the south 1/2 of Section 1, 6ensieip.116,.Range 22 in City of Eden Prairie Itenespin County ,.emu Mr. rev': *ore is receipt of the above referenced plat for our review lrb i�fittnesota Statutes 505.02 and 505.03 Flats and Survey ;Fiat acceptable for further development with consideration of the followJe$ gut: •- The proposed plat indicates future development with two streets shown that intersect with old TA 169. We would like to review the grades and y geoaetrics of these proposed intersections when they are available. The City should require that adequate right of way be provided be the developer at these intersections. ff you have any questions in regard to the above comment, please contact our District Layout, Research and Development Engineer Mr. J. S. hats at 545-3761 extension 150. Thank you for your cooperation in this matter.' Sincera1y, �, ./I a , l .,/ /2 1 / 1/: 1/4 / &-'101. M. Crawtoru, P.E. . District Director / c.c.s John Boland Metropolitan Council Gary Back4ar ilenncpin County Surveyor's Office 2''11 An i quad t+ppurauuty I eW rig • • • MINUTES EDEN PRAIRIE PLANNING COMMISSION approved MONDAY, NOVEMBER 13, 1978 7:30 PM, CITY HALL COMMISSION MEMBERS PRESENT: Chairman Rod Sundstrom, Liz•Retterath, Matthew Levitt, Richard Lynch, and Oke Martinson COMMISSION MEMBERS ABSENT: . William Bearman and Paul Redpath STAFF PRESENT: Chris Enger, Planning Director Donna Stanley, Planning Secretary D. Shady Oak Industrial Park, by Richard Anderson. Request to preliminary plat 27 acres of 1-5 Park Zoned property into 4 lots. The property is located south of Claredon Park & west of Washington Ave. A public • hearing. • The City Planner referred to the background information of the site as indicated in the 1968 Comprehensive Guide Plan, the 1977 Guide Plan Update, and Smetana Lake Sector Plan. Mr. Richard Anderson, Shady Oak Industrial Park, gave a brief presenta- tion of his request for preliminary plat approval of 4 lots on 26.37 acres of land in an existing I-5 zone. He explained that Shady Oak Rd. is now being designed to City standard. • Mr. Herliev Helle, 6138 Arctic Way, expressed objection to the curve and • extension of the road to the south, because it would put his land at a disadvantage. The Planner explained that in discussions on Shady Oak Rd., it has been anticipated that Shady Oak Rd. will "t" into Valley View Road. Sundstrom pointed out that the plan merely concerns the intersection of that particular section and affects only the 4 lots involved for alignment. MOTION: Levitt moved to close the public hearing on Richard Anderson's Shady Oak Industrial Park. Lynch seconded, motion carried unanimously. MOTION: Levitt moved to recommend to the Council approval of the Shady Oak Industrial Park plan dated October 2, 1978, as per the Staff report of November 9, 1978 and Engineering • report of November 3, 1978, subject to the recommendations contained in the Staff report. Lynch seconded, motion carried unanimously. 2 aov STAFF REPORT: TO: Planning and Zoning Commission FROM: Chris Enger, Director of Planning blIE: Noaemb r 11,1418 PROPONENT: Richard W. Anderson • REQUEST: Preliminary Plat approval for 4 lots on 26.37 acres ' of land in an esisting 1-5 zone LOCCAATION: Within the Smetana Lake Sector area, west of WashingtonAve. • and north of Valley View Rd. ¢ACKGROUND: The approximate 27 acres that Richard Anderson is requesting preliminary plat of is under an existing I-5 designation. This would allow platting of 5 acre and larger industrial lots. The 1968 Comprehensive Guide Plan illustrates this entire area as industrial, as does the 1977 Guide Plan Update and the Smetana Lake Sector Plan. The property is in such configur- ation that there is a 70' wide strip extending out to Washington Ave. This strip will allow a 70' right-of-way to be platted into the property to serve the lot. The subject site has been graveled for the past number of years, but develop- ment of it as Industrial has been held up by a couple of items. One of these problems has been the County's designation of Shady Oak Road as a county road which would require county road standards. The degree of curvature, right-of-way width , and spacing of accesses were the main problem with design this road as a county road and integrating it with a viable industrial park project. I The county has now abandoned thoughts of this becoming a county road connection and does not have any funding available to help with the construction of it. Therefore, city staff is suggesting that Shady Oak Road be connected through from the west side of Smetana Lake Sector area down to Valley View Rd. and • Washington Ave. according to city geometric standards for an industrial zone. Mr. Anderson has worked with the city staff to determine the general alignment of the road through this area in that at this time he controls much of the land to the north and west of this parcel and may commit to an alignment. City staff has also dealt with the Swenseers to the south of this parcel and at this time the Swenscens are in favor of the road location as it adjoins their property a IA-19• :GUIDi PLAN �ti a .- ,� 1 Z 0_N i N G NeRK 1 1 r I I 1i 'i�1 . \/ �ht� 711/r� +er 4° r .. .,% 1 i • _ ,,,. - . bra,. • /�l •; *:lit . .6 4i` tf i tt1' ? ` i .4t 1 All 'ii4Y :,ttiai ' --- , {, : 1.i,r t I aaa.:�t j • 'r.. t \\,... 1T fit.: (�• ,,, �'Y- ik r ry � ' b \ . tr ...0 1 6} I • ttr I • Staff report-Richard W. Anderson Page 2 EXISTING SITE CHARACTER • The entire 27 acre site as it exists today is in a very rough state as a result of years of graveling. The topography of the site is represented ' on the proponents plan as it exists today. There is no significant vegetation on the site. The areas of poor soil on the site are on the western edge and along the southern edge and southeastern corners, also sub-surface water in these locations is close to the surface. However, soil borings and preliminary . soil engineering recommendations do illustrate that careful placement of build- ings on the lot and proper design of roadway will allow development feasibility for these 4 lots. There are no existing buildings on the property and it is bounded on the south, west and northwest by vacant land at this time. It is bordered on the north and east by existing development of industrial building. ORDINANCE REQUJIREMENTS The 1-5 Park district requires a minimum 5 acre lot, 300' in width and 300' in depth. The minimum front yard is 75' and in this particular case, Lot 2, . Block 1, and Block 2, Lot 1 would be corner lots requiring front yard setbacks from each road, however parking would be permitted within one-half of the front yard setback along the east/west road. Side yard setbacks in the 1-5 zone are 30', with the rear yard setbacksrequired of 25'. 69th Strppt as proposed coming in from Washington Ave.would be a 70' right-of-way • • dedicated to the City, with a 9 ton road 38' of surfacing, back to back with concrete curb and gutter. Shady Oak Rd. as proposed should be installed by the developer within an 80' right-of-way with 52' wide hard surface, back of curb to back of curb road. As outlined in the engineering staff report dated 11/3/78 the cul-de-sac illustrated along Shady Oak Rd. should be extended to the very north westerly corner of the plat to allow future access to the parcels lying north and west of this. . As part of the plat submission and in anticipation of future zoning and platting - requests in the area, the developer and City have prepared an environmental assessment worksheet of approximately 130 acres, including and surrounding this plat to the west and north. The graphic included in this staff report shows • an anticipated platting and roadwork system. All lot size requirements, floor area ratios, setbacks, parking requirements, lighting, screening and landscaping, and signage requirements of city ordinances shall be conformed with. SITE PLAN The proposed grading and erosion control plan must be sumitted to the Nine • - Mile Creek Watershed District for review and approval by them and the City Engineering Department, prior to final approval. Outlot A of the plat is • intended as a temporary storage pond and erosion control area. TheCity Engineer- ing Department should evaluate the plat and the drainage plan to ascertain that drainage from the site is not adversely impacting any surrounding uses. The 2 2- • • • • • • • • • Staff Report-Richard W. Anderson • page 3 development plan by the proponent illustrates a site plan with parking areas within the 75' front yard setback required under Ordinance 135. . This will have to be re-evaluated by the developer in order to meet the • requirements of the ordinance. As part of the platting requirements under ordinance 332 the cash park • fee of $1200/per acre shall be paid at the time of building permit issuance. TRANSPORTATION Temporary access to the site will be gained from Washington Ave. and this portion of Shady Oak Rd. should be constructed with this plat to give access to parcels to the south and to the northwest. No further development in the area should be approved until the connection to Shady Oak Rd. is made.. With the completion of Shady Oak Rd. through this area. the transportation road system for the industrial uses will be complete and will give adequate access • points to this northern area of Smetana Lake Sector for industrial use. RECOMMENDATIONS Planning Staff recommends to the Planning and Zoning Commission that the Cg niss'.-i recommend approval of the preliminary plat for 4 lots and one outlot on approximately 27 acres in the Smetana Lake Sector subject to the following items: 1. Cash park fee of $1200/per acre shall be paid prior to building permit issuance. • 2. The east/west road shall be of a 70' right-of-way and a 38' back of curb to back-of curb width according to City Engineering standards. also that Shady Oak Rd. shall be of an 80' right-of-way width with a 52' back of curb to back of curb hard surface road. 3. That Shady Oak Rd. should be extended to the northwestern corner of the plat and to the southern boundary of the plat to extend access to both of these parcels. 4. That the development plan be changed so that the parking areas are not • . within the front yard setback along Shady Oak Rd. as required by Ordinance 135. 5. Prior to further development in the area to the north and west of this. plat that Shady Oak Rd. be continued through to the west by the developer. 6. The grading and utility plan be reviewed by the City Engineering Department and Nine Mile Creek Watershed District prior to final approval. 2'313 • • 11/3/78 • Engineering Staff Recommendations SHADY OAK INDUSTRIAL PARK Supplement to II-10-78Planning Staff Report • 1. Relocate the temporary cul-de-sac shown on the preliminary plat to just northwesterly of the plat limits. 2. The locations of the proposed utility systems must be reviewed by the developer for the possibility of providing service to the north and west of the proposed plat. 3. Nine Mile Creek Watershed District review and approval will be r8quired prior to preliminary plat approval. The right-of-way width of proposed Shady Oak Road should be so'. , Assessment information: . Levied assessments: #5627, trunk sewer & water, $20 857.2H #6452, trunk sewer & water, $104,3rv2.00 Lateral sewer and water will be assessed at current rates • upon connection. C,IJ:kb development eorporIt*ion November 28, 1978 Mayor and City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Creekwood single family and double lots tear Mayor and City Council: • It has come to my attention that the zoning agreement for the 9 lot Creekwood 2nd Addition includes the provisions for a rezoning to Rural if development has not commenced by December 2, 1978. We request a 1 year extension of the zoning to allow final plat and construction to begin. Currently our onglnnnrs, watershed district and city engineering department are studying the store, sewer requirements due to the new County Road 1 design. Thank you for your consideration. Sincerely, gedmelii" Richard Putnam Hustad Development Corporation RP/er 2 7s?ir 42750 PIONEER TRAIL,EDEN PRAIRIE,1441NNESOTA 55343(6449414 . .... CITY of EDEN PRAIRIE s ..�.._... •-•• HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-43 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135 ' THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, as set forth in Exhibit A attached hereto and made a part hereof, shall be and here- by is removed from the Rural District and shall be included hereafter in the R1-13.5 District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement made as of ,1978 between Centex Homes Midwest, Inc. and the City of Eden Prairie, which Agreement is hereby made a Part hereof and shall further be subject to all of the or+ainatceS, rules and regulations of the City of Eden Prairie relating to the R1-13.5 District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council Of the City of Eden Prairie on the day of ,1978, and finally read and adopted and ordered published at a regular meeting Of the City Council of said City on the day of ,19?8. • Wolfgang H. Fenzel, Mayor SEAL ATTEST: Jelin D. Frane, ~City Clerk Published in the Eden Prairie News on the day of ,l44. 2a. • • • • EIESCRIPi1ONi • Tne North IQ*the Norihenl IN d Section 22 towesnip II.horth Ratge it West st the S111 Pelee**pterlelen; EXCEPT the leib my deactieed heal, • Retinalry eta pint an the West l'ms d uN liorthnett l*diist.nt MEP tee South d the Northwest . corner thered:Mono at right angles Cat a*time el SSE.Simi;entree it right eaglet Sloth eMarco el Tth 6S led to the.Sg lte hem ONO Norm led the Northwest In:then*Wetbabn last dnr'Md Rae a olstance d 353.3 het te the tests bht el said Northam*l TX:thenCFNsrthI dittoes el Mt TS fen to the pin d bl9mnuyt ante EXCEPT for rolbwlnq descried tracts Eh***Nine test at a Rae drawn hon a pent on lhr Satoh tine of SSid tot MO*iN IMSIR it I • 1M Rest al the Souneent corner d sib tooethwatt ten loin ateetneart corner*said Nmt$ned iN en the d Smith h let. t. IttSII o rlhulrel pan et f the Nnethwest rM ache NOAhersel iIEMSIN Sst 61s tit,ARd¢aernmert let it.Section EL Township Ilk lenge fl • EXCEPT the tot6whw}described hasty Slsrllag ai a paint an the South line et seed Ihee►mnent 1a d;located smid*sp behientheletit*tit$ psis in Purgstory Creel Wald total being disoult ICSeed Noce el the Smdnmul sorr+erdaaiN - Government IA el;theme Motherly an a diced Rue tern*no North IN teener it Section 27 teweship ice,Range 22.to the centerline i Cooney Reed Na 74 thence So ethwettertt elet*SIW centerline.d County Road It.2,a Mato*d PIE,it leek trance Southerly le a told On the SWAM tined Goseremeat Id I dishnt 112.S tell Motel Mel**et beginning~thtnta Eatt let»Sadie the point d b.In+ice.San Rut part tong East of a.Rne lama hrewa point enNe South Rai* gild Covet nmentgW4,diuiN11.1 tut*tot dtheSoutheast tornaratsallridoaer sal e the North Ile corner a eab sale Sca 24 ad EXCEPT spat part el sale Government tat I kite;South*the tenterlineet County Raid Ma. • accenting to the United Slates Governed*Sew ay thereat;sod •EXCIPI Wat pert d Government id it,describe at tallest. • Comarachgdtlu engender chimer en the diii hid Cenrni.eflt lit S.*NW'Settle ty thence on en atunud Dearing et earth abet sad West line d Government Id 1 to a po1rd NLk ,'tee Iodic Iron the Southwest corner d one abrthwess Nuarter a said Smelled 2Ir thence teodh P1 deprms SS minutes 30 seconds Ltd a Melange et 60t.101eel;thence north*degrees It Wades 10laiondt Ws induce at Tot tut:iMae latesrlr lll.ad het atone a tenNettoltuna CdrWatt Eo the South,sale turn luring a realms et Idea foist end a cudeal angle d llLgraes it Wad* *seconds,to the Ord d beginning*the lane le be deuribd;thence South Meagre*IT minutes 00 seconds cast a mount/et tn.32 tact.thence North l dopolo 6t mimeos Il seconds West RdI6 tame d ist.0 het:thence loath le degrees IS minute{SG sacoadc Cud a didahudE ISNy thence South le degrees 31 minutes 10 seconds teed a dintt ee at 116,rid feet MIS.,.,ins lotto Weal tineq sale Government ld d thence Souherly Stone sill West line it government 3d lt0 the • intenrclion with the stove described curve.thence Southeasterly along uldCurve lathe potalal heittlainG . • All at baled in llennepin County.Minnnd& Contains R.635 auas. • EXHIBIT A • Centex Homes Midwest Inc., Agreement • . 266 - , Centex Agreement DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1978 by and between Centex Homes Midwest, Incorporated, a Nevada Corporation, hereinafter referred to as "Centex" and the CITY OF EDEN PRAIRIE, a municipal corporation , hereinafter referred to as "City", WITNESSETH: WHEREAS, Centex is a party to an executory contract of sale whereby Centex may acquire.approximately 88 acres of land for development more fully 'described in Exhibit A, attached hereto and hereafter referred to as • the "Property", and WHEREAS,Centex has applied to City for changing of the zoning from Rural to R1-13.5 for the Property, and WHEREAS, Centex desires to develop the Property as 176 single family lots on 86 acres and a totlot on approximately 1.75 acres, NOW THEREFORE, in consideration of the Mayor and City Council of Eden Prairie adopting Ordinance 78-43 changing the zoning from Rural to R1-13.5, Centex covenants and agrees to the construction and development upon and the maintenance of said Property as follows: 1. Centex shall conform with all planning, architectural, engineering, landscaping and fee requirements of all City ordinances. 2. Centex shall develop the Property in conformance with the preliminary plat dated 8/16/78 reviewed , approved and modified by the City Council on October 3, 1978, and attached hereto as Exhibit B. 3. Centex shall submit detailed construction and storm sewer plans, as well as grading plans to the Riley/Purgatory Creek Watershed District for review and approval. Centex shall follow all final rules and recoamendations of said watershed district. 2 Gg • Agreement-Centex Homes, Midwest, Inc. page 2 4. Structures constructed on lots adjacent to the east/west through street, shown as S Road on Exhibit B, shall be setback from S Road as follows: houses (living area) 40 feet garages 30 feet No lots may front on or have driveway access to S Road. • • 5. Centex shall construct a concrete sidewalk, 5 feet wide, 5 inches deep with let down curbs and gutters, on both sides and extending the full length of S Road, within City right-of-way of said S Road, as depicted on Exhibit B , at time of street construction and in accordance with City Engineer's reconimendations. • A protective earth berm 12 inches thick shall be placed on the sidewalk during construction of adjacent homes. 6. Centex shall construct a concrete sidewalk five feet wide and five inches deep with let down curb and gutters within the right-of-way of Mitchell Road easterly of the traveled portion • thereof and extending along that entire portion of Mitchell Road abutting the property as depicted on Exhibit B. 7. Centex shall convey by Warranty Deed that part of the Property 1 shown as a totlot on Exhibit B to the City immediately upon filing of the plat and prior to issuance of any building permits. • • . 8. Centex shall grade and seed that part of the Property shown as the totlot•on Exhibit B in accordance with the Park & Recreation Department's recommendations and construct structures as outlined on Exhibit C. attached hereto and made a part hereof, in loca-. tions designated by the Park and Recreation Staff. 9. Centex shall pay $275 cash park fee concurrent with issuance of each building permit. 10. Centex shall berm along Lots 16,17 and 18, Block 4, as shown on • Exhibit B subject to the City Planning Staff review and approval and shall complete all berming prior to issuance of building permits. 11. Centex shall remove and dispose of all diseased trees upon the Property as determined by the City Forester and identified as #205 through 215 and #236 thraugh261, by January 31, 1979. 12. Centex shall submit minimum floor elevations to the City Engineering Department for review and approval prior to final plat approval. • • 2 27°) • Agreement-Centex Homes Midwest, Inc. page 3 . 13. City approves the platting of 55 lots having less than 90 but not less than 68 feet street frontage, and lots fronting on any cul-de-sac of not less than 45 feet of street frontage. 14. Ordinance 135 sideyard setbacks shall apply when any part of a structure is 2 story. Variances are granted for structures less than 2 stories as to not more than 26 lots as follows: Sideyard Setbacks: house ( living area ) 10 feet garage 5 feet • Centex shall not request , nor be entitled to, more than 26 building permits requiring the above sideyard setback variances. Variances shall be granted to Centex only. 15. Centex shall blacktop that portion of Mitchell Road abutting the Property. Said improvements shall be to City standards. • 16. Centex shall design the intersection sightdistance of Mitchell Road and the east/west through street depicted as S Road on Exhibit B, to Minnesota Department of Transportation 's . • specifications designed for a speed of 35 miles per hour, ' prior to final plat approval and shall construct the same in accordance therewith. • 17. Centex shall final plat corners at all street intersections and cul-de-sac returns having nine(9) foot radii to enable utility companies to install their lines without crossing private property . 18. Centex shall submit high water levels of the three ponds to the City Engineering Department for review and approval prior to approval of the final plat. 19: Prior to dedication ,transfer or conveyance of any real property or interest therein to the City as provided herein, Centex shall deliver to the City an opinion addressed to the City by an Attorney and in a form, acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the title of the Property or interest therein in the • City. • • .Z1110 • • Agreement-Centex Homes Midwest, Inc. page 4 • 20. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Centex to City shall vest in City • good and marketable title herein free and clear of any mortgages, liens, encumbrances, taxes and assessments . 21. Centex shall grant such open space easements or impose such • • covenants and restrictions over that portion of Lots 21 through 28, and 35 through 38, Block 4, as depicted in green out- lined on Exhibit B, which shall prohibit and restrict the building of any buildings, erection of any fences, or planting of any non-indigenous vegetation, and containing such other • provisions as are acceptable to the City Planning Staff. 22. All sanitary sewer , watermain and strum sewer facilities concrete curb and gutter and bituminous surfacing, whether • to be public or private, shall be designed to city standards by a Registered Professional engineer and submitted to the City Engineer for approval. Centex,through its engineer, • shall provide for competent daily inspection of all street utility construction both public and private. As built drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with specifi- cations shall also be delivered to the City Engineer. Centex, prior to final plat approval, shall provide a bond or letter of credit in such form as shall be approved by the City and which guarantees completion of construction within two years of approval of final plat and payment of costs thereof in an amount no less than the estimated costs of construction plus 20% of all street and/or utility systems to be owned and maintained by the City. The City shall accept such street and/or utility systems subject to • recommendations of the City Engineer and subject to receipt • by the City of Centex's warranty, guarantying such systems against any defect or"defects therein for, a period of at least two years from date of such acceptance, together with a bond or letter of credit in the amount of 25% of the cost for such systems securing such guaranty in.such form as shall be acceptable to and containing such further terms as shall be required by the City. One year after the date of the completion of construction, Centex may reduce the amount of the bond or letter of credit reflecting amounts relating to construction of utilities which have been accepted by City at or before such one year date, and for which Centex has given its warranty and guaranty against defects together with a bond or letter of credit securing such guaranties as provided herein. • • 229 I Agreement-Centex Homes Midwest, Inc. page 5 23. Centex shalt file this Agreement and the Owners Supplement to Developer's Agreement between Kathleen J. Borgerding and Kart Borgerding, her spouse, and the Marquette National Bank of Minneapolis, Executor under the Will of Benjamin Bofenkamp. deceased, dated as the date hereof, with the Register of Deeds or Registrar of Titles and supply the City with a copy thereof thiandst meeofent filinghdulyocertifiedtion s to Document Numbers thereon within b0 days from date from the date of this Agreement. 24. If Centex fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accordance with paragraph 23 herein, Corte , its successors, and assigns shall not oppose rezoningof said • Property to Rural. • -25. Provisions of this Agreement shall be binding upon and enforceableren against Centex, its successors, and assigns of the Property described. 26. Centex is a party to an excutory agreement whereby if it acquires the Property it will acquire good , marketable and insurable title to the Property free and clear of mortgages. liens,and other encumbrances, except: 1. Lien of current real estate taxes, 2. Levied or pending assessments, and 3. Mortgage by Centex Homes Midwest, Inc. to Centex Financial Corporation. 27. Centex and City understand and agree that this Agreement is contingent • upon Centex obtaining record title to the Property on or before February 28, 1979, and in the event that Centex does not so acquire • title this Agreement shall terminate, become null and void, and thereafter neither party shall have any obligation or liability hereunder - to the other party. 28. No residential structure shall be occupied until all of Mitchell Road abutting the Property has been blacktopped as provided in paragraph 15 hereof and all other streets necessary to provide ingress and egress to any such residence shall have been blacktopped. 2.792 • Agreement-Centex Homes Midwest, Inc. page 6 • • IN WITNESS WHEREOF , the parties to this Agreement have caused these presents to be excuted the day and year aforesaid. • CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY: Wolfgang H. Penzel, Its Mayor BY: Roger K. Ulstad, Its Manager STATE OF MINNESOTA - SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , - 1978 by Wolfgang H. Penzel the Mayor and Roger K. Ulstad,-The City Manager of the City of Eden Prairie, a municipal corporation on behalf of the corpora- tion. • Notary Public • CENTEX HOMES MIDWEST, INCORPORATED, a Nevada Cal or ion Timothy R?Eller, It stant Vice President STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this .29 t day of .-PlAde/KivIILL, 1978, by Timothy R. Eller, the Assistant Vice-President of Centex Homes Midwest, Inc., a Nevada corporation, on behalf of said corporation. 4i'lifiti •/Arbi.1 , Notary Publi L ••--' • t•nY/7./:33 �7 Z ? .,.:, • I �''' DESCRipiION, lnt Awn'tea In rbrthwelt IN of Section 72.township Tots North Range fl West of RN 5th Prinipst Meridian; OCCEPtthetotbvingdescribedlead, - . itiim;Ing it a point on the Wed fine of void Manned tat difi.nt Sift 0lad South Cl Me lthrtheoil . corner tinted;theme at right angles tat a entente el 555.S trsC theme at right angles Smutli a .• distinct a 194.15 red Inter Spdh lint a ale Werth It2 a the Nattwrrd Ink therm Iva*One het dna'thed 0ne stridence a 551.tent toms Pest hoe d said llsemi ant lit Only,N */ slsfnce et ha 15 het le the point of aguanin l and EKCUPt the tethering described Math . that pert tying Tags el a Oro drawn home point on Ms South line of said i eotle.ed Ihehtard 77 5 feel%test al the Setaleast corner Cl sate hbrltnwest id 101nt Norineast corner of all Northivesl nl and the South IN.1t led Cl Ines pert or me Northwest id of In,Northeast 14 d tart/Sect**to tying tads of the heal 555.5 heel timed. Anal m • ¢,eenment tat d,Section 2?.Township ills Range 721 EXCEPT the following dmiribld Nat; Starting at a point en the South line of said mit a said Government tea d,',tettp beleetnhgasneetl posts In Purgatory Greet bate dire being distant 17.5 teat Oaf et the Southeast corset Cl it* Government lel e1;/loth a hortntetr on a direct lint tooted the�dh Id wooer et iCtlid 2 Township Ilk Rage 22,loth,centerline el County Road Na 2;smuts Soilthwestdtlt along the centerline of Crudity Road One.2,a distance el 231.a leek dance Saullserly lea bald enlist South Nato Government toe elsiarel tat.S led Wed of the paid of heglmmnt thence lull 1e2.5 tat Is the pint a ugtnning.and that pent bring Last at saint lawn firms paint to tin Smdb*toed said Grow went tat a,asisal 17.5 feet Quest el the Seutheeet cornet at sec*Government led*Is , the North Id cornet of said Section 222 and EXCLPt that ears of gild Government la I fling South ot the cent/ennta County Rho Ni.L • actardenp le the United Stairs Government Surrey lhsredi and • ;s •EXCtPT onto pert of Comment tel I.des tlbd se toibeli - • Commencing et the meander Cornet ea to West lint of Government tot 5,at slid SeaWt 22. thence on an assumed(raring of Mode siengg taut Wed tine el GoterAment Id 5.ale 1 paid It-tat feel teeth Item the Saulnwed corner et Int trorthness Quarter Cl said Stetted 22;them,NUMB tl decrees 55 minutes 30 seconds tail a defence a boQ.401tet.lnene*North 13 degrees 11 inmate* hisacsodttada distance el 101.5lett;thence Latterly 112.st led atones Wtgadisltuteacatcall* . • 41ivr Souls,told curve baring a radius el 2G7 R OO tees and a central angled 51 digs,"111i Minutes es 1p seconds,to the mini el beginning a tee hard to t o dexrlbM m;thee Win 13 deg Orsecondt lest a dltence at 710.12 feel;thence forth 2 degrees sec minuli III World Witt aide. Once al 457.44 lees:thence forth lb degrees 33 mrnules SO deeds Writ a dtdam00f 202:54 feel; • lherce Saute lb dogrers 31 miardes 10 seconds West a distance el 416.64 tad awe or lest to the West linty(said Gene omen lel a;thence SOuliterte atom)site Ant line el government Intereecbn wile o tie above described curve.thence SouNe e aaferty along curve. teginniOW . . . • An as keeled In Henaep►n County,dlnnetdla Ceateins 11,41S acres. • EXHIBIT A Centex Homes Midwest Inc., Agreement a , \ I° i if •. \ •'s" \° � •� —.-12-._ �/, ', 7 ^! r" '•.;1, -' ' At):±'.: ziu:..\1. ...;", -.• .• '('-1 )---__ -...."-,..... 'fi,c/-.1„,./ \IL , ' '14‘...j/ ri i/'O' `i t ' ej °r ` r 1,3f ;/ ^[ ;,i =� 4 Ft S1 4 �`�1'\, tea, }}pp o ` \6 '. 11. :— <# `•1 . 1, 'i �` '` ,'1 i } t a . b -'I ,,. . 1 I rt .-4-.b 4. .. 11I ` 1 ro .y i i 1" a• \\ f i w _� _ .. ) I . • `\ • ../., ay to -.i i ...., 1 ://q1 .1 . \. ,, ,, i .,, : 1 1 . • _ :__...._ F., ?..... __ , ._ \ 1 k:t-:,1 ,/ iii44 il s.t 1. .% . ,:t FF\ ilit:ifie . 7S 1'~-11 w v. ! it'll 11. ''''.4 141# ."-:::: A.:1—-I i .. _...-1 f ! r-*• 1 -.. T .a Lf .`3 Pi 'ft 1 ++ aai• R�x 1 • 1 f 1 • • • SPECIFICATIOiNS FOR TOr LOTS Part.I -Turfgrass area ' Centex . A. 409 shall prepare the ground surface area of the tot lot by supplying at least 4" of topsoil over the finished subgrade. Topsoil • shall be of the same quality or better than that of the original site and shall be capable of supporting a cultured turf grans. Topsoil shall be raked out to a smooth finish prior to seeding. All rocks of C' and larger shall be removed prior to seeding. I'f f, Turfgrass shall be seeded at a rate of 4-5 lbs. .0 1,000 sq. ft. Turfgrass six shall be as follows: Park Kentucky Blue Grass 3Sls Aquilla Kentucky Blue Grass 1S% Common SS/80 Kentucky Blue Grass 25% Ruby Creeping Red Fescue 2S% 'Variations in turfgrass mix shall be approved by Park & Recreation Star:prior to seeding. Centex obligation is to"gradde"and seed the site. it is expressly understood that - watering, mowing, or guarantees of growth are not part of this obligation, wanting times shall be April May, August 1S-September• IS, late October, = or by approval of Park & Recreation Starr: feitAI • Play Structure A. Play structure shall be Landscape Structures Tot Lot B arcntding to Catalog B or equivalent. Structure shall include climbing, sliding, and swinging devices. All wood components shall be 4"x6" and 6"xu" redwood.. free of heart center. All support posts shall extend below ground surface to a depth of r• least 3'-6". R. Play structure shall be enclosed in a sandlot 20' in all directions frean components of the structure. A harrier shall be constructed to encircle sandlot and play structure. The barrier shall be constructed of cedar, sett. wood, penta-treated wood, pressure treated wood or concrete. Barrier shall' have a continuous width of at least 4 inches and extend above the ground at least 12" and not more than 18". Barrier shall extend at least 3'-6" below ground surface to prevent frost heave. Sand shall be placed to a depth of at least 12" throughout sandlot area. newuRetwoos NI amol horizontal ladder em , • lxid9do0{ . :fit .,, [! i • Boa ta>Inslnrclw.em • E . . '.. • 14 .;4_ Minnesota Environmental Quality Board 100 Capitol Square Building 550 Cedar Street St.Paul,Minnesota 55101 Phone 296-9031 November 24, 1978 Chris Enger, City Planner City of Eden Prairie 8450 Eden Prairie Road • Eden Prairie, MN 55344 RE: Centex Homes Midwest Dear Mr. Enger: The 30-day reviow period for the environmental assessment work- sheet (EAW) on the above project ended on November 22, 1978,. • No objections to the EAW's determination that no environmental impact statement (EIS) is needed on the project were received. Therefore, the decision stands. Final actions to approve or commence the project can now be undertaken. • Sincerely, • R. r _ f son Jen ch, Sta f Environmental Quality Board JJ/dh cc: Centex Homes Midwest, Inc. • AN EQUAL OPPORTUNITY EMPLOYER _ • Menard Agree nt 11/zry 7/ DEVELOPER's AGREEMENT • THIS AGREEMENT, made and entered into as of 1978 by and between MENARD, INC., a Wisconsin corporation • hereinafter referred to as "Owner", and by the CITY OF EDEN PRAIRIE, a municipal corporation , hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City far changing the zoning from Rural to C-Reg-Ser for approximately 13.3 acres for development of land more fully described in Exhibit A, attachment hereto and hereinafter referred to as "the property", and WHEREAS, Owner desires to develop the property as a Menard Cashway Lumber Store. NOW THEREFORE, in consideration of the Mayor and City Council of Eden Prairie adopting Ordinance 78-45 changing the zoning from Rural to C-Reg-Ser, Owner covenants and agrees to construction upon, development and maintenance of the property as follows: 1. Owner shall conform with all planning, architectural, engineering, landscaping and fee requirements of all City ordinances. 2. Owner shall develop the property in conformance with the preliminary plat reviewed and approved by the City Council dated September 7, 1978, and attached hereto as Exhibit B. 3. Owner shall submit a detailed landscaping plan to City Planning Department for review and approval prior to issuance of a building permit. Said landscaping plan shall include, but not be limited to, • berming and screening of the improvements upon the property from the residences and public streets north of the property. • • Agreement-Menard -2- 4. Owner shall install a solid wooden security fence having a minimum height of 6 feet around the outside storage area. 5. Owner shall obtain a grading and land alteration permit, and other necessary permits, from the Riley/Purgatory Creek Watershed District, prior to issuance of a building permit. A plan for the control of erosion during and after construction shall accompany the permit application. 6. Owner shall submit a detailed storm sewer plan to the Riley/Purgatory Watershec District and City for review and approval prior to issuance of a building permit. • 7. Owner shall apply for and receive issuance of any permits required from • Department of Natural Resources , • 8. Owner shall not connect the service road with Valley View Road to serve the property, or to serve other outlots within the plat as depicted on Exhibit 8, prior to July, 1980 or until Schooner Boulevard is extended to the property which ever shall occur first. Design and placement of the confection of the service road to Valley • View Road shall be subject to approval of the City Engineer. 9. Owner shall remove proposed access to State TH 5, as depicted on Exhibit 8, at such time as the Minnesota Department of Transportation finishes construction of a frontage road from the westerly property line to the proposed signalized intersection at West 78th Street and TH 5. 10. Owner shall construct three(3) faces of the main building , the south,east and west faces, of brick. ' Owner shall construct the front and two sides, the north and south ends, of the central storage building of brick. 11. Owner shall plat and dedicate right-of-way for future Schooner Boulevard as depicted on Exhibit B. Owner shall agree to future special assess- ments in the amount of $40.00 per front foot for said Schooner Boulevard except that any street construction work on Schooner Boulevard completed by Owner shall be a credit against said assessment as determined by the City Engineer. . Prior to dedication , transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an . attorney , and in a form acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the propertyor interest therein in the City. 239 . Agreement-Menard -3- The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed to the City as may be provided herein by Owner shall be such as shall, upon such dedication, transfer or conveyance vest in City g and marketable title therein free and clear of any mortgages, liens,assessments or encumbrances. 12. Owner shall provide graded and improved unsurfacedaarea at this time for additional perking equal to Ordinance 141 requirements should additional parking over the 6 spaces/1,000 G.F.A. be warranted. Owner shall be allowed to provide surfaced parking at a rate of 6 spaces/1,000 G.F.A., instead of 8 spaces/1,000 sq.ft. G.F..A. required by Ordinance 141. 13. Owner shall pay cash park fee of $154960.00 ($1200 x 13.3 acres) as per Ordinance 332 prior to issuance of a building permit on the property. 14. All future development within the 75 acre preliminary plat us depicted on Exhibit B, except as to the property, shell be a' ari d under the City public hearing process prior to toning and/or latttng. 19. Owner shall adhere to requirements of Sign Ordinance#261: 20. Owner shall be allowed outside storage which shall be designed and screened in accordance with a landscape plan to be submitted by and approved by the City Planning Staff prior to issuance of a building y, permit. 21. Grading of the property shall not encroach into the knoll or wooded area east of the proposed building site as depicted in green on Exhibit B. 2900 • 21. All sanitary sewer, watermain and storm sewer facilities concrete curb and gutter and biturainioas surfacing, whether to be public or private,- shall-be designed to-city standards by a Registered Professional engineer and submitted to the City Engineer for approval. The Owner, through his engineer, ' shall provide for competent daily inspection of all street utility construction both public and private. As built drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with specifi- cations shall also be delivered to the city engineer. The Owner, prior to final plat approval, shall provide a bond or letter of credit in such form as shall be approved by the City and which guarantees completion of construction and pay- ment of costs thereof in an amount notless than the estimated costs of construction plus 20% of all street and/or utility systems to be owned and maintained by the City. The City shall accept such street and/or utility systemssubject to recommendations of the City Engineer and subject to receipt by the City of Owner's warranty, guarantying such systems against any defect or defects therein for a period of-at least two years trom the date of City Council acceptance, together . • with a bond or letter of credit in the amount of 25% of the costs for such systems in such form as shall be acceptable to and containing such further terms as shall be required • by the City • • 22. A survey prepared by a registered land surveyer with all pertinent dimensions, elevations and topographical features as required by the City Engineering Department shall be submitted with first application for a building permit. • 23. Owner shall file this Agreement with the Register of Deeds and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. P4. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filingin accor- dance with paragraph a3 herein, Owner for itself, its successors, • and assigns shall not oppose rezoning of said property to Rural. 25, Provisions of this Agreementshall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. 26. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens, and other encumbrances, except:. . . AO I 0 IN WITNESS WHEREOF, the parties to this Agreement have casued these presents to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation • BY: Wolfgang H. Penzel, Its Mayor &{ BY: 40 Roger K.Ulstad, Its Manager STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) .The foregoing instrument was acknowledged before me this day of 1978 by Wolfgang H. Penzel, the Mayor and Roger Ulstad the City Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. Notary Public • MENARD INCORPORATED, a wisconsin corporation BY: Its BY: Its STATE OF WISCONSIN) )SS COUNTY OF The foregoing instrument was acknowledged before me this day of 1978 by the and the of Menard, Incorporated on behalf of the corporation. Notary Public -r... .:aa ..m.sa ems..-A"_'w'e `;t i �e • 817/78 'Revised 9/1l.78 .'Revised 9/1.1/78 REZONING DESCRIPTION FOR INWARD BUILDING SITE THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECITON 11, TOWNSHIP 116, RANGE 22. HENNEPIN COUNTY, NINNw-uA DESCRIBED AS FOLLOWS: • CDNYdENCING AT THE POINT OF INTERSECTION OF THE NOII,TNERLY LINE OF INu stATE HIGHWAY NO. 494 AND THE WEST LINE OF SAID SOUTHWEST QUARTER, SAID WEST LINE IS MINED TO BEAR N 1°22'04" E; THENCE N 79°05'491' E, ALONG,SAID NORTHERLY LINE OF IN Itic.IATE HIGHWAY NO. 494, A DISTANCE:OF 6E19.24 FEET; THENCE N 74°22'25" E, ALONG SAID NOR414ERLY A lNE.. A DISTANCE OF 341.66 FEET TO THE.:A L POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE N 486004 W, A DISTANCE OF 831.79 FEET; THENCE N 4S°00' 'E, A DISTANCE OF 6000 RET; THENCE N 45°00' W. A DISTANCE OF 185.00 FEET; THENCE N 46°'E, A DISTANCE OF 564.00 FEET; THENCE S 46°D0' E,A'.DTS3'ANE OF 490.00 FEET; THENCE N 45°00' E, A DISTANCE OF s4,sto Frxri THENCE S 45°00' E, A DISTANCE OF 386.00 FEET THENCE 5' 45°W, ` • A DISTANCE OF 216.00 FEET; THENCE S 452E, A DIS'I'A •OF 331.58 FEET, TO SAID NORTHERLY LINE OF-INTERSTATE HIGHWAY NO. 494; THENCE SOUTHWESTERLY ALONG SAID O4R1'HERI:1' LINE TO THE POINT OF BEGINNING. EXCEPT THAT PART TO BE TAKEN FOR SERVICE ROAD PURPOSES. ALONG THE SOUTHEASTERLY PORTION OF THE ABOVE DESCRIBED PROPERTY. EXHIBIT A • • 2O • .. _ t.r ,Mx.•3Pfl'MEW wMbi Yy NOI11acv G IYN3W - 8L/L/6r. ..... „8 1IUIHX3„ ��— t t r"" . BdtS /''m ,_ r�.. ,". uF bu tpe tb ON •/ %./ ✓"'i -; ,,r•,. 1 \ i / ii i r-,ifiJ 4, ! i ,, i -�/ .i� ,-;^.7 % /.--"' .0` /l/ "'ft/// , X, 9 111,9,/y i / / / ....„.•-- (9/ \ /; / /l/ t. i /. i % `.,; I1111- / // (//// 441414k4 .....,,,,, •\ \ ,I ,...:. 7 vt I \ /;if.=,e--11 1 / 4 /rj y"-\,1 1 l i ` I i/. �� ��\ •�� \\ '`ter r \. .\'' . .\� { iI, f 1, ) \ I � rt. of A:,- \-�i\ 1 ill(�' I 1 \ \ t X �it lic' t I • \ �/ ` !I's• \\ �� '-r; 1 f ; It .'' . .1♦ k i 1 r .N' G The images appearing between this point and the End of Retake ta are true., accurate, and complete copies of records that peeviourly wrgetere not filmed or were filmed incorrectly. e . • • • • . ---- — '. .. .ii.1,''''',,:iili..A r-N.:-..-., '1 .\:2:A.4.,..!..•:‘ *4.:: .;',, , -\‘‘..f,, . Ill +'t \ t c ��i •i tc`>\ f •k t : °,.+1 �r_,;;e +j►,''f. : INN. i iy ✓ .c:, ` - ,./..4,4) // N.-sotick ''1\..'\'‘•\,..e.,1( • / f''.:4-..r.1* 1 \,..a t ' .../ .f?:. //f\ ' \. \'7....\.2.,..„ ,,N1,,,.. .,.,,,,,.,,..i.6_..ey.7 ,,s, ,,, ,,,,. , \ h • '`' cur, �t +`•� t �:, �,-^''"@`»' /J 4 t ‘ t p^� g t 1 i1 1 utl,., 'k t ,, i / • ` / / '1 •. ."r �, • /.. ! / / f sfr 'r! • /f! f/ / N '. i . I ' tOin 1 ' ..../.0 • i ,/4‘ • // '' / ' /J , , ,% / . I r f w r �,ice, ` i t. `. .../. �i" ;,�� i /'','1 No grading in 1 i i' +""�,,, ,',ram wooded knoll i d- Y 'f(1 „�-,^ t — / -' �-- "EXHIBIT B" �__._.. 9/7/78 MOIR tut __. - II00,0,10 :.:.Po; ,;.::- MENARO,INC. .IY v1.lYW11YiR MIPIY'M.M , vA 23t . .: r � • • : w42; io nq n.,,..a..,► • • E • ' ' . • R. .. ..... ...... . ...... ... _. TH ....' . - E ....,.":...;',:::.7.,,:,,,,:::..,...:.......,...,...,:......,..........'.:.'..,..':....,.....:...,..:, ,..,... : ...,... • .. ... .. ‘. ..: .. .., ....,.:.. .....L.;.,,...„. ...,,,,i.._--.. •• • b „� rrr nNv.f-. =hw • RAF' CITY OF EDEN PRAIRIE HENNEPIN.COULTY, MINNESOTA ORDINANCE 78-45 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, as set forth in Exhibit A attached hereto and made a part hereof shall be and hereby is removed from the Rural District and shall. be included hereafter in the C-Reg-Ser District. Section 2. The above described property shall be subject • to the terms and conditions of that certain Developer's Agreement ' dated ,1978, entered into between MENARD, INCORPORATED, a Wisconsin corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the C-Reg-Ser District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the • City of Eden Prairie on the day of ,1978, and finally read and adopted and ordered published at a regular meeting of the • City Council of said City on the day of ,1978. Wolfgang H. Fenzel, Mayor ATTEST: SEAL John D. Frane, City Clerk Published in the Eden Prairie News on the day of * � 2.`0S n.; } • 8f7F78 Revised 911178 Revised 9111178 • REZONING DESCRIPTION FOR MENARD BUILDING SITE • THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, s' TOWNSHIP 116, RANGE 22, HENNEPIN COUNTY, MINNESTOA DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY • LINE OF INTERSTATE HIGHWAY NO. 494 AND THE WEST UNE OF SAID SOUTHWEST QUARTER, SAID WEST LINE IS ASSUMED'TO BEAR N 1°22'04" E, THENCE N 79°05'49" E, ALONG SAID NORTHERLY . LINE OF INTERSTATE HIGHWAY NO. 494, A DISTANCE OF 609.24 FEET, THENCE N 74°22'25" E, ALONG SAID NORTHERLY LINE,.,AA DISTANCE OF 341.66 FEET TO THE ACTUAL POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE N 45©0O' W, A DISTANCE OF 831.79 FEET, THENCE N 45°00' E, A DISTANCE OF 60.00 FEET; THENCE N 45°OO' W, A DISTANCE OF 185.00 FEET; THENCE N.' 45°;E, A DISTANCE OF 564.00 FEET; THENCE S 45°00' E, A DISTANCE OF 490.00 FEET; THENCE N 45°00' E, A DISTANCE OF 54.00 FEET; THENCE S 45°O0' E, A DISTANCE OF 385.00 FEET; THENCE S 45°3t, A DISTANCE OF 216.00 FEET; THENCE S 450E, A DISTANCE OF 331.58 FEET, TO SAID NORTHERLY LINE OF INTERSTATE HIGHWAY NO. 494; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. EXCEPT THAT PART TO BE TAKEN FOR SERVICE ROAD PURPOSES ALOIS; THE SOUTHEASTERLY PORTION OF THE ABOVE DESCRIBED PROPERTY. EXHIBIT A .. • • A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF A REVENUE BOND PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT TO PROVIDE FUNDS TO BE LOANED TO THE ALLENS THREE, A MINNE- SOTA PARTNERSHIP, FOR AN INDUSTRIAL PROJECT AND • APPROVING THE CONSTRUCTION LOAN AGREEMENT, LOAN AGREEMENT, ASSIGNMENT AND PLEDGE OF LOAN AGREE- MENT, MORTGAGE AND SECURITY AGREEMENT, LEASE AND ASSIGNMENT OF RENTS AND LEASES. • BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. Authority. The City is, by the Constitution and Laws of •the State of Minnesota, including Chapter 474, Minnesota Stat- utes, as amended (the "Act") authorized to issue and sell its revenue bonds for the purpose of financing the cost of acquisition, construction and equipping of authorized projects and to enter into contracts necessary or convenient in the exercise of the powers granted by the Act. • 2. Documents Presented. This City Council proposes that the City shall issue and sell its City of Eden Prairie Industrial Development Revenue Bond (Random Specialties, Inc. Project) in substantially the form set forth in Exhibit A hereto (the "Bond") pursuant to the Act and loan the proceeds thereof to The Aliens Three, a Minnesota partnership (the "Company") to partially pay the cost of acquiring, constructing and equipping a manufacturing and office building, together with necessary exterior utilities and site improvements (the "Project"), all pursuant to the Act. Forms of the following documents relating to the Bond and the. Project have been submitted to the City Council and are now on file in the office of the City Clerk: (a) Construction Loan Agreement, dated as of September 1, 1978, among the City, the Mortgagee and the Company, providing for the purchase of the Bond by the Mortgagee and the making of advances thereunder in accordance with the terms and conditions set forth therein; (b) Loan Agreement, dated as of September 1, 1978, between the City and the Company whereby the City agrees to make a loan to the Company of the funds advanced by the Mortgagee under the Construction Loan Agreement and the Company agrees to complete the Project and to pay amounts sufficient to provide for the prompt payment of the principal of and interest on the Bond; -2- • (c) Assignment and Pledge of Loan Agreement (the "Pledge") dated as of September 1, 1978 by the City in favor of The Midway National Bank of St. Paul (the "Mortgagee") whereby the City assigns its interest in the Loan Agreement to the Mortgagee as security for the Bond; (d) Mortgage and Security Agreement (the "Mort- gage") dated as of September 1, 1978, by the Company • in favor of the Mortgagee by which the Company grants to the Mortgagee a mortgage lien on and security interest in the Project and all improvements thereto as security for the Bond (this document will not be exe- cuted by the City); • (e) Lease (the "Lease") dated as of September 1, 1978, between the Company, as lessor, and Random Specialties, Inc., as lessee (this document will not be executed by the City); (f) Assignment of Rents and Leases (the "Assign- ment") dated as of September 1, 1978, by the Company in favor of the Mortgagee whereby the Company assigns its interest in the rents and leases of the Project to the Mortgagee as additional security for the Bond (this document will not be executed by the City). 3. Findings. It is hereby found, determined and declared that: (a) The City is a duly organized and existing municipal corporation under the Constitution and the laws of the State of Minnesota with the powers and authority, among others, to issue the Bond under the Act. (b) The Project, comprised of the buildings, improvements and equipment described in the Loan Agree- ment and the Mortgage, constitutes a project authorized by and described in Section 474.02, Subd. la of the Act. (c) The purpose of the Project is and the effect thereof will be to promote the public welfare by: the encouragement and promotion of employment opportu- nities within the City and its surrounding areas; the development of sound industry and commerce to use the available resources of the community, in order to retain the benefit of the community's existing invest- ment in educational and public service facilities; -3- 29U? • • halting the movement of talented, educated personnel to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; and increasing the tax base of the City, county and school district in which the Project is located. • (d) The Project has been approved by the Commis- sioner of Securities of the State of Minnesota as • tending to further the purposes and policies of the Act. (e) The issuance and sale of the Bond, the execu- tion and delivery of the Construction Loan Agreement, Loan Agreement and Pledge and the performance of all covenants and agreements of the City contained in the Bond, Construction Loan Agreement, Loan Agreement and Pledge and of all other acts of the City and the State of Minnesota to make the Construction Loan Agreement, Loan Agreement, Pledge and Bond valid and binding • obligations of the City in accordance with their terms, are authorized by the Act. (f) To the best knowledge of the members of this City Council, there is no litigation, action, suit, prc,:..eding or investigation at law or in equity before or by any court, public board or body pending or threat- ened against, or affecting the City wherein an unfavor • - able decision, ruling or finding would adversely affect the transactions contemplated by or the validity or enforceability of this Bond Resolution, the Construc- tion Loan Agreement, Loan Agreement, or Pledge in accordance with their respective terms. (g) There are no agreements to which the City is a party, ordinances or resolutions of the City or court orders directed to the City affecting the validity or enforceability of this Bond Resolution, the Construction Loan Agreement, Loan Agreement or Pledge provided, how- ever, that this finding is made solely for the purpose of estopping the City from denying the validity of the Bond, Construction Loan Agreement, Loan Agreement or Pledge by reason of the existence of any facts contrary to this finding. (h) It is desirable that the City of Eden Prairie Industrial Development Revenue Bond (Random Specialties, Inc. Project) in the amount of $775,000 be issued by the City upon the terms set forth herein, and that the City's interest in the Loan Agreement be assigned to the Mortgagee as security for the payment of principal of and interest on the Bond. 2��1 -4- • • (i) The Loan Agreement provides for payments by the Company to the Mortgagee for the account of the City of such amounts as will be sufficient to pay the principal of and interest on the Bond when due. No reserve funds are deemed necessary for this purpose. The Loan Agreement obligates the Company to provide for the operation and maintenance of the Project, including adegluate insurance, taxes and special assessments. (j) Under the provisions of Section 474.10, Minnesota Statutes, and as provided in the Loan Agree- ment, the Bond is not to be payable from nor charged upon any funds other than amounts payable by the Company pursuant to the Loan Agreement which are pledged to the payment thereof; the City is not subject to any liability thereon; no holder of the Bond shall ever have the right to compel the exercise of the taxing power of the City to pay the Bond or the interest • thereon, nor to enforce payment thereof against any property of the City; the Bond shall not constitute a charge, lien or encumbrance, legal or equitable, upon • any property of the City, other than its rights under the Loan Agreement; the Bond shall recite that the Bond, including interest therein, shall not constitute 1 nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers and that the Bond does not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. (k) The Company has all necessary licenses and permits required by the City for the construction of the Project. 4. Approval and Execution of Documents. The forms of Construction Loan Agreement, Loan Agreement, Pledge, Mortgage, Lease and Assignment referred to in paragraph 2 hereof are approved. The Construction Loan Agreement and the Loan Agreement shall be executed in the name and on behalf of the City by the Mayor and the City Manager, upon execution thereof by the authorized partner or partners of the Company, in substantially the form on file, but • with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. The Pledge shall also be executed in the name and on behalf of the City by the Mayor and the City Manager in substan- tially the form on file, but with all such changes therein, not inconsistent with the Act or other laws, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. Copies of all documents shall be delivered and filed as provided therein. The Mortgage, Lease and Assignment may contain such revisions as may be approved by the Mortgagee and the parties executing the same. • 2°Ji© -s- 5. Approval, Execution and Delivery of Bond. The City • shall proceed forthwith to issue its City of Eden Prairie Industrial Development Revenue Bond (Random Specialties, Inc. Project), to be dated the date of delivery, in the principal amount of $775,000 in the form and containing the terms set forth in the form of Bond attached hereto as Exhibit A, which terms are for this purpose incorporated in this resolution and made a part hereof. The pro- posal of the Mortgagee to purchase the Bond at a price of $775,000 (100% of its par value) by making advances in accordance with the Construction Loan Agreement is hereby found and determined to be reasonable and is hereby accepted. The Mayor and the City Manager are authorized and directed to prepare the Bond in typewritten form substantially in the form set forth in Exhibit A. The Bond shall be executed by the manual signatures of the Mayor and the City Manager and the official seal of the City shall be affixed thereto. Whei so prepared and executed the Bond shall be delivered to the Mortgagee upon receipt of the purchase price therefor, which may be paid to the parties entitled to receive the loan proceeds in accor- dance with the Construction Loan Agreement and the Loan Agreement. The Bond shall contain a recital that it is issued pursuant to the • Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Registration Records. The City Clerk, as bond regis- trar (the "Bond Registrar"), shall keep a bond register (the "Bond Register") in which the City shall provide for the registr.;Lion of the Bond and for transfers of the Bond. The principal of and interest on the Bond shall be payable to the Mortgagee or regis- tered assigns in lawful money of the United States of America at the address of the Mortgagee or registered assigns as shown on the Bond Register. 7. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond is mutilated, lost, stolen or destroyed, the City may execute and deliver to the registered owner a new Bond of like date, number, maturity and tenor as that mutilated, lost, stolen or destroyed; provided that, in the case of mutilation, the mutilated Bond shall first be surrendered to the City, and in the case of a lost, stolen or destroyed Bond, there shall be first furnished to the City and the Company evidence of such loss, theft or destruction satisfactory to the City and the Company together with indemnity satisfactory to them. The City may charge the holder of the Bond with its reasonable fees and expenses in this connection. 8. Transfer of Bond; Person Treated as Owner. The Bond shall be transferable by the registered owner on the Bond Register of the City, upon presentation of the Bond for notation of such transfer thereon at the office of the City Clerk, as Bond Registrar, accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by the registered owner or its attorney duly authorized in writing. The registered owner seeking to transfer ownership of the Bond shall also give written notice 24111 -6- -"47 . . thereof to the Company. The Bond shall continue to be subject to successive transfers at the option of the registered owner of the Bond. No service charge shall be made for any such transfer, but the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection therewith. The Bond Registrar shall give written notice to the Company of any transfer of ownership recorded on the Bond Register immediately upon •:effectuating same. The person in whose name the Bond shall be egistered from time to time shall be deemed and regarded As the 1..:absolute owner thereof for all purposes, and payment of or on . Ateount of the principal of and interest on the Bond shall be made ... Only to or upon the order of the registered owner thereof, or its attorney duly authorized in writing, and neither the City, the Bond' . BegiStrar nor the Company shall be affected by any notice to the venLzary. All such payments shall be valid and effectual to satisfy • ' discharge the liability upon the Bond to the extent of the See et sums so paid. 9. Amendments, Changes and Megigeetiont. The Clty shall not, without the written consent of the Mortgagee enter into Agreement, change, modification, alteration or termination of the Construction Loan Agreement, Loan Agreement, Pledge or this resolution. 10. Proceedings and Recerds Relatieg to Bend. The Mayor, city Manager and City Clerk and other officers of the City are authorized and directed to prepare and furnish te the purchaser 44 . the Bond, certified copies of all proceedings and records of the City relating to the Bond, and such other affidavits and eertifi- pates as may be required to show the facts appearing from the books and records in the officers custody and control or as otherwise • known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Approved: Mayor Attest: City Clerk • -7- lei . _ . . . • • Member introduced the following resolution and moved its adoption: • Resolution No. 78-224 • RESOLUTION RELATING TO A $600,000 INDUSTRIAL DEVELOPMENT REVENUE NOTE; AUTHORIZING THE SALE AND ISSUANCE THEREOF UNDER THE MINNESOTA MUNI- CIPAL INDUSTRIAL DEVELOPMENT ACT, CHAPTER 474 MINNESOTA STATUTES, TO FINANCE A PROJECT THERE- UNDER', SECURED BY PAYMENTS TO BE RECEIVED PUR- SUANT TO A LOAN AGREEMENT AND AN ASSIGNMENT OF THE CITY'S INTEREST IN THE LOAN AGREEMENT AND PAYMENTS THEREUNDER TO THE•PURCHASER OF THE NOTE, AND AUTHORIZING THE EXECUTION OF DOCUMENTS. BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City), as follows: Section 1. Definitions • 1.01. In this Resolution the following terms have the following respective meanings unless the context hereof or use herein clearly requires otherwise: Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; • Agreement: the Loan Agreement to be made and entered into between the City and the Company; City: the City of Eden Prairie, Minnesota, its successors and assigns; Commitment: the commitment letter of National Farmers Union Property and Casualty Company issued in favor of the Company, dated April 21, 1978, as amended; Company: Circle Rubber Company, Eden Prairie, Minnesota, its successors and assigns; Existing Facility: a 23,600 square-foot office, manu- facturing, warehouse and distribution facility located on the Land, as it may at any time exist; Facilities: the Project,the Existing Facility and the Land, as they may at any time exist; Fixtures: those items defined as such in Section 1-1 of • the Mortgage; • • • Land: the real estate described in Exhibit A to the Mortgage together with all additions thereto and substitu- • tions therefor; Lender: National Farmers Union Property and Casualty Company, Denver, Colorado, its successors and assigns; Loan Agreement Assignment: the Assignment of Loan Agreement to be made and entered into by the City and accepted by the Lender; Mortgage: the Combination Mortgage and Security Agree- ment to be made and entered into between the Company and the Lender; Note: the $600,000 Industrial Development Revenue Note • (Circle Rubber Company Project) to be issued by the City pursuant to this Resolution; Organizational Documents: the following documents, each of which shall be in form and substance acceptable to • • the Lender: • (i) A copy of the Articles of Incorporation of the Company, certified as of a current date by the Secretary of the State of Minnesotan (ii) A copy of the Bylaws of the Company in • effect as of the date hereof; • the (iii) of certificate Secretary ofo the d tState goffMinnesotaany of recent date; and • (iv) An opinion or opinions of Counsel for the Company and for the City reasonably accept- • able to the Lender indicating that each of the documents referred to in Section 3.03 of this resolution has been duly executed and delivered and is a legal and binding • obligation of the Company and the City, as the case may be, enforceable in accordance with their terms; Project: the 16,900 square-foot additionhtoe Ltee EExxistinng Facility to be constructed by the Company at any time exist; Project Costs: those costs defined in Section 1.01 of the Agreement; and :".-.1. Resolution: this resolution of the City, adopted ' ..-..•,-i. , 1978, authorizing the issuance of the Note. -2- ZLiq • • Section 2. Findings. It is hereby found and declared • that: (a) the City is duly organized and existing under the Constitution and the laws of the State of Minnesota and is authorized to issue the Note in accordance with the Act; (b) based upon representations made to the City as to the nature of the Project and the anticipated use of the • proceeds of the Note, the properties described in the Agree- ment and the Mortgage constitute a project authorized by the Act; (c) the purpose of the Project, as defined in the • Agreement and the Mortgage, is and,the effect thereof will be to promote the public welfare by the attraction, encourage- ment, retention and development of economically sound industry and commerce; the development and retention of industry to use the available resources of the community in order to ' retain the benefit of its existing investment in educational and public service facilities, by halting the movement of talented, educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; • more intensive development of land available in the community to provide an adequate tax base to finance the increase in the • amount and cost of governmental services; and a better distri- bution of tax burdens between industrial or commercial pro- perties and residential properties within the City; (d) prior to closing, the Project will be approved by the Commissioner of Securities of the State of Minnesota as required by Section 474.01, Subdivision 7 of the Act; (e) the financing of the Project, the issuance and sale of the Note, the execution and delivery of the Agreement and of the Loan Agreement Assignment, and the performance of all covenants and agreements of the City contained in the Agree- ment and the Loan Agreement Assignment and of all other acts and things required under the Constitution and the laws of the State of Minnesota to make the Agreement, the Loan Agreement Assignment and the Note valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (f) it is desirable that the Industrial Development Revenue Note in the amount of $600,000 be issued by the City upon the terms set forth herein, and that the City assign its interest in the Agreement and grant a security interest therein to the Lender as security for the payment of the principal of and interest and premium, if any, on the Note. (g) the loan payments contained in the Agreement are fixed, and required to be revised from time to time as • necessary, so as to produce income and revenue sufficient to provide for prompt payment of principal of and interest on -3- ;. 2q l5 I • • the Note issued under this Resolution when due, and the Agree- ment also provides that the Company is required to pay all expenses of the operation and maintenance of the Project including, but without limitation, adequate insurance thereon and all taxes and special assessments levied upon or with respect to the Land and payable during the term of the Agree- ment; (h) under the provisions of Minnesota Statutes, Section 474.10, and as provided in the Agreement and the Mortgage, the Note is not to be payable from nor charged upon any funds of • the City other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay'the Note or the interest thereon nor to enforce payment thereof against any property of the City; the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; • the Note issued hereunder shall recite that the Note, including interest thereon, is payable solely from the revenue pledged • to the payment thereof; and the Note shall not constitute a debt of the City within the meaning of any constitutional or • statutory limitation; • (i) the execution and delivery of the Agreement, the • Loan Agreement Assignment and the Note will not conflict with, or constitute on the part of the City a breach of, or a default • under, any existing agreement, indenture, mortgage, lease or other instrument to which the City is subject or is a party or by which it is bound; provided that this finding is made solely for the purpose of estopping the City from denying the validity of the Note, the Agreement or the Loan Agreement Assignment by reason of the existence of any facts contrary to this finding. (j) no litigation is pending, or, to the best knowledge of the members of this Council, threatened, against the City questioning the organization or boundaries of the City or the right of any officer of the City to hold his or her office, or in any manner questioning the right and power of the City • to execute and deliver the Note, or otherwise questioning the validity of the Note or the execution, delivery or validity of the Agreement, or the Loan Agreement Assignment, or ques- tioning the appropriation of revenues to payment of the Note or the right of the City to loan the proceeds of the Note to the Company; and (k) all acts and things required under the Constitution and the laws of the State of Minnesota to make the Note, the Agreement and the Loan Agreement Assignment the valid and bind- • ing obligations of the City in accordance with their terms have been done provided that this finding is made solely for • the purpose of estopping the City from denying the validity of the Note, the Agreement or the Loan Agreement Assignment by reason of the existence of any facts contrary to this finding. • -4- 2a lip ° .� • Section 3. Authorization and Sale. • 3.01. Authorization. The City is authorized by the Act to issue revenue bonds and loan the proceeds thereof to business enterprises to finance the acquisition and construction of "pro- jects" as defined in the Act, and to make all contracts, execute all instruments, and do all things necessary or convenient in the exercise of such authority. • 3.02. Preliminary City Approval. By preliminary reso- lution duly adopted by the Council on March 7, 1978, this Council approved the sale of its revenue bonds pursuant to the Act and the loan of the proceeds to the Company for the construction on the Land of the Project suitable and designed for use as an office, manu- facturing, warehouse and distribution facility, and authorized the preparation of such documents as may be appropriate to the Project. 3.03. Approval of Documents. Pursuant to the above, copies of the following documents, all of which are now or shall be placed on file in the office of the Clerk, have been prepared and presented to this Council: (a) Agreement; (b) Assignment of Loan Agreement; and (c) Mortgage. The forms of the documents listed in (a) through (c) above are approved, with such variations, insertions and additions as are deemed appropriate by the parties and approved by the City Attorney. Section 4. Authorization. Upon completion of the Agree- ment and the Loan Agreement Assignment, approved in Section 3.03 hereof, and the execution thereof by the Company and the Lender, as the case may be, the Mayor and City Manager shall execute the same, the Note (in substantially the form set forth in Section 5.01 hereof), and such other certifications, documents or instruments as bond counsel or counsel for the Lender shall require, on behalf of the City, subject to the approval of the City Attorney. All certifica- tions, recitals and representations therein shall constitute the certifications, recitals and representations of the City. Execu- tion of any instrument or document by one or more appropriate officers of the City shall constitute and shall be deemed the con- clusive evidence of the approval and authorization by the City and the Council of the instrument or documents so executed. Section 5. The Note. 5.01. Form and Authorized Amount. The Note shall be issued substantially in the form hereinafter set forth, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions of this Section, in the total principal amount of $600,000: • -5- 201n �. • FORM OF NOTE UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN • CITY OF EDEN PRAIRIE Industrial Development Revenue Note (Circle Rubber Company Project) No. R-1 • $600,000 The City of Eden Prairie, Minnesota, a municipal corpo- ration of the State of Minnesota (the City) for value received hereby promises to pay to the order of NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY or registered assign (the Holder) at its principal office in Denver, Colorado, or such other place as the Holder may designate in writing, from the source and in the manner hereinafter provided, the principal sum of SIX HUNDRED THOUSAND DOLLARS ($600,000) with interest on the unpaid principal amount at the rate of six and twenty-five hundredths percent (6.25%) per annum in any coin or currency which at the time or times of • payment is legal tender for payment of public or private debts in the United States of America. Both the principal of and interest on this Note shall be paid together in monthly installments in the • amount of SIX THOUSAND SEVEN HUNDRED THIRTY-SIX and 81/100 DOLLARS ($6,736.bJ. , each payable on the day of each month, commencing on the day of , 19787—and extending to the day of , 1988, when all remaining principal and accrue interest shall be payable. All interest hereon shall be computed on the basis of the actual number of days elapsed on the assumption that each month con- tains thirty (30) days and each year contains three hundred sixty (360) days. Payments shall be applied first to interest due on the unpaid principal and thereafter to reduction of the principal. This Note constitutes an issue in the total authorized face amount of $600,000. This Note is issued by the City pursuant to the authority granted by Minnesota Statutes, Chapter 474, as amended (the Act), for the purpose of providing funds for a Project, as defined in Minnesota Statutes, Section 474.02, Subdivision la, consisting of certain real estate and construction of improvements thereon, and paying necessary expenses incidental thereto, such funds to be loaned by the City to Circle Rubber Company (the Com- pany) pursuant to a Resolution, adopted 1978, by the City (the Resolution) and a Loan Agreement, of even date here- with, between the City and the Company (the Loan Agreement) , thereby assisting activities in the public interest and for the public welfare of the City. This Note is secured by a Mortgage and Secu- rity Agreement, of even date herewith (the Mortgage), given by the Company as Mortgagor to the Holder as Mortgagee and as Assignment of Loan Agreement, of even date herewith (the Loan Agreement Assign- ment), from the City to the Holder. -b- 2912 • There may be no prepayment of the Note for a period of five (5) years from the date thereof, provided that if the prime rate at the Continental IIlinois National Sank, in Chicago, Illinois, shall drop to five and seventy-five hundredths percent (5.75%) per annum during such five-year period, the Company may prepay the out- standing principal balance of the Note, in whole or in part, on any monthly installment payment date upon payment of a price equal to the principal amount being prepaid plus accured interest to the date of prepayment, but without prepayment premium or penalty. From and after the expiration of such five-year period, the Company may prepay the outstanding principal balance of the Note, in whole or in part, on any monthly installment payment date upon payment of a price equal to the principal amount being so prepaid plus accrued interest to the date of prepayment but without prepayment premium or penalty. • No prepayment shall reduce the amount or postpone the due dates of monthly installment payments due hereunder nor shall any such prepayment reduce or postpone any other payments due here- under, installments and other payments of which shall continue until the eintire principal balance has been paid. All prepayments, after deduction of interest and fees, shall be applied to reduce the prin- cipal balance of the Note. As provided in the Resolution and subject to certain limitations set forth therein, this Note is transferable upon the books of the City at the office of the City Clerk, by the registered Holder hereof in person or by his attorney duly authorized in writ- ing, upon surrender hereof together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the reg- istered Holder or his duly authorized attorney. Upon such transfer, the City Clerk will note the date of registration and the name and address of the newly registered Holder in the-Note--Register main- tained by the City Clerk in the registration blank appearing below. Alternatively, the City will at the request of the registered Holder issue new notes in aggregate principal amount equal to the unpaid principal balance of this Note, and of like tenor except as to number and principal amount, and registered in the name of the registered Holder. The City may deem and treat the person in whose name this Note is last registered upon the books of the City, with such registration noted on the Note, as the absolute owner thereof for the purpose of receiving payment of or on account of the principal balance, redemption price or interest and for all other purposes; all such payments so made to the reg- istered Holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon this Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. All of the agreements, conditions, covenants, provisions and stipulations contained in the Mortgage, the Resolution, the Loan Agreement and the Loan Agreement Assignment are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. If a default occurs -7- 2q 1q • under this Note or under the Mortgage or the Loan Agreement, then the Holder may at its right and option declare immediately due and payable the principal balance of this Note and the interest accrued thereon to the date of declaration of such default, together with any attorneys' fees incurred by the Holder in collecting or enforc- ing payment thereof, whether suit be brought or not, and all other sums due hereunder or under the Mortgage or the Loan Agreement, anything to the contrary therein not withstanding and payment thereof may be enforced and recovered in whole or in part-at any time by one or more of the remedies provided in the Mortgage, in • this Note or in the Loan Agreement. The Holder may extend the time of payment of interest and/or principal of this Note without notice to or consent of any party liable hereon and without releasing any such party. This Note and the interest thereon shall never constitute a debt of the City within the meaning of any constitutional provi- sion or statutory limitation and shall never constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. This Note and the interest hereon are payable solely from the revenues pledged to the payment thereof • pursuant to the Loan Agreement and secured by the provisions of the Mortgage and the Loan Agreement Assignment,and the Holder of this Note shall never have the right to enforce payment thereof against any property of the City, except revenues under the Loan Agreement. This Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except revenues under the Loan Agreement. The agreement of the City to perform or cause the performance of the covenants and other provisions herein re- ferred to shall be subject at all times to the availability of rev= enues from the Loan Agreement or from the Mortgage, suffi, ent to pay all costs of such performance or the enforcement thereof. The remedies of the Holder, as provided herein and in the Mortgage and the Loan Agreement shall be cumulative and concur- rent, may be pursued singly, successively or together and, except as provided in the Mortgage, at the sole discretion of the Holder and may be exercised as often as occasion therefore shall occur. The failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The Holder shall not be deemed, by any act of ommission or commission, to have waived any of its rights or remedies here- under unless such waiver is in writing and signed by the Holder and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as con- tinuing or as a bar to or waiver of any right or remedy as to a subsequent event. • It is intended that this Note is made with reference to and shall be construed as a Minnesota contract and governed by the laws thereof. • -8- t. 2920 IT IS HEREBY CERTIFIED AND RECITED that all conditions, sots and things required to exist, happen and be performed preee*s dett:t to or in the issuance of this Note do exist, have happened Ind have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the City has caused this Note to be drily executed by its duly authorized officers and its corporate Zeal affixed, all on ,1998. CITY OF EDEN PRAIRIE, MINNESO"AA Mayor '•����stc Manager g • p� .n M1 04F PROVISIONS AS TO REGISTRATION The ownership of the unpaid principal balance of this Note and the interest accruing thereon is registered on the books of the City of Eden Prairie, Minnesota, in the name of the Regie- texes Holder last noted below. Date of Name of Signature of istration Registered Holder City Clerk • • -la- 5.02. Note Terms. The Note shall be designated the Industrial Development Revenue Note (Circle Rubber Company Project) and shall: • (a) be dated as of the date of delivery thereof to, and payment therefor, by the Lender; (b) be in the total principal amount of $600,000; (c) bear interest on the unpaid principal balance • from date of issue until paid or discharged as herein provided at the rate of 6.25% per annum; (d) be .payable in installments on the first day of each month in the amount of Six Thousand Seven Hundred Thirty- Six and 81/100 Dollars ($6,736.81) . commencing on the day of , 1978, and extending to and including the day of , 1988, when all remaining principal and accrued interest shall be payable. (e) be payable as to both principal and interest to the registered holder thereof at the address shown on the Note Register; and (f) be subject to prepayment by the City from funds supplied by the Company at the times and prices set forth in Section 5.01 of the Agreement. The prepayment price having been so deposited, the principal amounts prepaid shall, after such date, cease to bear interest. 5.03. Execution. The Note shall be executed on behalf of the City by the signatures of the Mayor and City Manager and shall be sealed with its corporate seal. In case any officer whose sig- nature shall appear on the note shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. 5.04. Mutilated, Lost and Destroyed Note. In case the Note shall become mutilated or be destroyed or lost, the City shall cause to be executed and delivered a new note of like outstanding principal amount and tenor in exchange and substitution for and upon cancellation of the mutilated note, or in lieu of and in sub- stitution for such note destroyed or lost, upon the holder's paying the reasonable expenses and charges of the City in connection there- with, and, in case the note is destroyed or lost, its filing with the City evidence satisfactory to it. 5.05. Registration of Transfer. The City will cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for tite registration of transfers of ownership of the Note. The Note shall be transferable upon the Note Register by the holder thereof in person or by its attorney duly authorized in writing, upon surrender of the Note together with a written -11- 2.923 • instrument of transfer satisfactory to the City Clerk, duly execu- ted by the holder or its duly authorized attorney. Upon such transfer the City Clerk shall note the date of registration and the name and address of the new holder in the Note Register and in the registration blank appearing on the Note. Alternatively, the City shall, at the request and expense of the holder issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, princi- pal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the holder or such trans- • feree as may be designated by the holder. The City may deem and • treat the person in whose name each note is last registered in the Note Register and by notation on the note as the absolute owner thereof, whether or not the principal balance or any part thereof is overdue, for the purpose of receiving payment of or on account of the principal balance, redemption price or interest and for all other purposes. • 5.06. Delivery and Use of Proceeds . Prior to delivery of the Note, the documents referred to below shall be completed and executed in form and substance as approved by the City Attorney. The City shall execute and deliver to the Lender the Note in the total principal amount of $600,000, together with the following: • (a) a copy, duly certified by the Clerk, of this Resolution; ;b) original, executed counterparts of the Agreement, the Loan Agreement Assignment and the Mortgage; (c) organizational documents; and • (d) such closing certificates as are required by bond counsel. Upon delivery of the Note, the Lender shall, on behalf of the City, disburse the proceeds of the Note to the Company in reim- bursement of Project Costs pursuant to the provisions of Section 3.02 of the Loan Agreement. The Lender or the Company shall provide the City with a full accounting of all funds disbursed for Project Costs. Section 6. Limitations of the City's Obligations. Not- withstanding anything contained in the Note, the Agreement, the Loan Agreement Assignment or any other documents referred to in Section 3.03 hereof, the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limita- tion and shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, and the City shall not be subject to any liability thereon. No holder of such Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon or to enforce payment thereof against any property of the City, and the -12- 2.924 • ' ' • •••'•• • , •, • • • • '•*7 • , • , Mote shell not constitute a charge, lien or encumbrance, legal or •equitable, upon any property of the City. The agreement of the City to perform the covenants and other provisions contained in the Note, •the Agreement or the Loan Agreement Assignment shall be • sUbject at all times to the availability of revenues furnished by the Company sufficient to pay all costs of such performance by the enforcement thereof, and the City shall not be subject to any Personal or pecuniary liability thereon. • Adopted , 1978. • • Mayor Attest: City Clerk • 1'177 ' . . "T. •'; . , • • ., • . ..„. • -1 3- 211 . • : .• •• . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-219 A RESOLUTION TO WITHDRAW MEMBERSHIP BY THE CITY OF EDEN PRAIRIE IN THE SUBURBAN HEALTH NURSING SERVICE JOINT POWERS AGREEMENT. WHEREAS, the joint powers agreement for Suburban Health Nursing Service was established in December, 1977,in cooperation with other Hennepin County municipalities to provide community health nursing services and home health Services in Eden Prairie, and, WHEREAS , Hennepin County has assumed the responsibility for designating a single vendor for public health nursing service in the 41 municipalities of suburban Hennepin County (exclusing Richfield, Edina, Bloomington and Minneapolis)and will be contracting for such service on behalf of those municipalities, and, WHEREAS, there is no longer a need for the joint powers agreement organization, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE that the City of Eden Prairie withdraw its membership in the joint powers agreement for Suburban Health Nursing Service. ADOPTED by the City Council on December 5, 1978. Wolfgang H. Penzel, Mayor SEAL ATTEST: • John D. Frans, Clerk qq 292.E • TO: Roger Meted, Mayor Penzel and City Council members • FROM: Betty Johnson SUBJECT: Dissolution of Suburban Health Nursing Joint Powers Agreement DATE: November 27, 1978 Attached are letters from Harlyn Larson, city manager of New Hope, and. Dick Henneberger, city manager of Brooklyn Park, concerning the suggested dissolution of the joint powers agreement for Suburban Health Nursing Service. The Hennepin County Board of Commissioners on September 19, 1978 resolved to designate a single vendor for public health nursing service in the 41 suburban municipalities of Hennepin County (outside of Minneapolis, Richfield, Bloomington and Edina) (Resolution 78-739). As a result of that action, the County office of Planning (which handleB Community Health Services funds and programs) is negotiating a contract with Suburban Public Health Nursing Service, which now provides•such service to Eden Prairie and most of Hennepin County. Donna AndeteOit, from the County Planning Office, says they intend that there be a full range of services available through suburban Hennepin County and that they be paid for with Community Health Services subsidy funds. The Community Health Services Advisory Committee (of which Harlyn Larson is a member) will act as the advisory committee for public health nursing also, for the time being. Eden Prairie became part of the joint powers agreement organization in December, 1977. Now that the County will be administering funding and contracting for service, there is no further need for such an organization. By passing the attached resolution, Eden Prairie will indicate its with- drawal from the organization. When enough resolutions are received by Temporary Chairman Henneberger that the total membership population has dropped below 100,000, the organization will automatically be considered out of existence. I recommend passage of this resolution. Eden Prairie will continue to have public health nursing service by County contract with Suburban Public Health Nursing Service. • city of brooklyn park • November /5, 1978 J. s 88 TO: DIRECTORS, ALTERNATES OR MUNICIPAL OFFICIALS or PARTICI• p, PATING MUNICIPALITIES IN THE SUBURBAN HEALTH NURSING SERVICE FROM: R. M. HENNESERGER, CITY MANAGER & TEMPORARY CHAIRMAN SHIM A EJECT: DISSOLUTION OF THE JOINT POWERS AGREEMENT " • E . • 0 Attached is a communication from Herlyn. Larson, City.Manager of New Hope, written on behalf of the County Community health Services Advisory Committee, urging that our organization be dissolved. K Photocopied on the reverse side of Mr. Larson's letteris my letter y co to Mark McGarraugh, Director of Community Health, 'Hennepin unty, which, atter several phone calls and promises, to data I have P receiver: no response to attach to this memorandum. It would appear to all concerned that our Joint Powers Organisation has been its- effective and should be dissolved. I will recommend a. resolution to our City Council at the next regular meeting which will terms: ate our participation in the Joint Powers Organization effective N December 31, 1978. Thus, I would remain a Director and Temporary -77 s. Chairman of SHNS until that date and would urge you to submit to o me similar resolutions. Assuming that said resolutions will he T forthcoming, when the total population of member municipalities drops below 100,000 population, our Joint Powers Agreement will . automatically cease to exist January 1, 1979. 3 . 0 4 2 T1II�/mp Attachment .. . N.......'� . : , city of Brooklyn park . . o ., ... . October 30, 1978 • 5 Mr. Mark McGarraugh 3�/d`''" 39a 5` 1 'erector of Community Health • 501 Park Avenue, 4th Floor 8 Minneapolis, MN 55415 ▪ T ▪ H Pear tir. McGarraugh: A v Pursuant to our telephone conversation this morning, I am enclosing *letter from Harlyn Larson, New Hope City Manager, advising me g that the County CHS Advisory Committee suggests that the auburn Health Nursing Service be dissolved. I.am enclosing and under:4ccr. a Lin pertinent sections of the last minutes of that organization .dated•April 19, 1978. I am also giving you a copy of the section 'Of the Joint Powers Agreement relating to "Duration and Dissolutio5." t .it would appear that whenever the population of participating nwr re J47 . T •drops below 100,000, that SUNS would automatically dissolve. N pP I would like a letter from you indicating what the County Coauis- p sioners did relative to personal health care for 1979. Also, advice. K me as to how SUNS might stand in the way of future actionS concern. M ing nursing services in the county, as Mr. Larson indicated. . I recognized early in the game that there was no valid reason for E this joint powers organization to continue, if the county was to p decide what SHNS was to decide. If you concur with this opinion or T can express it in other terms that the county no longer sees a A purpose for continuing SUNS, then that could be contained in your 5 - letter. Upon receipt of your letter, I will send it and the letter a from Harlyn Larson to all members of SUNS requesting resolutions a withdrawing from SHNS; and when sufficient resolutions are received' and the member municipalities drop below 100,000.population, SRNS T will automatically cease to exist January 1, 197g. E l E Sincerely, N p ,fir 24 R. M. Henneberger 5 City Manager 4 Temporary Chairman, SUNS RNH/mp Enclosure CC: Marlyn Larson, Now Hope City Manager • rt • • V Tnj it0.Ce it et4W 6 ii 8 irr 4401 xyina Avtian ttmih Flew Aepm,Minneota 5`,123 Phone'S33i521 October 26, 1978 Mr. Richard llenneberger. • City Manager. 5801 65th .venue Rorth rrooklyn Park, I:innosota 55430 Dear Dick: At a recent meeting of the County CRS Advisory Com • - mittee, it was brought to my attention that SUM still exists as a legal organization. The existence, evenee if inactive, could perhaps'stand in the way of future work in the County to create a new system for provid- ing public health nursing services. I would, theiefore, urge you as Acting Chairman, to take action under Article ;,i, Section 3, to have the organization dissolved. This could be done in one of two ways. The first is • an unanimous vote of all Directors. Since it has been impossible to get everyone to a westing, much less to agree, the second alternative appears more feasible. This would be A letter to all mc:a,ers recommending that they withcrew es individual cities. When the popula- tion of the rear:ining r.:enbcrs falls below 100,000 the organization is apparently automatically dissolved. I would urge ;you to take action as you feel needed to have Sllil dir,solvcd. Since,+eel y, Marlyn G. Larson City ;tanager zgz'fl n r` 'Z � i'awilq Styk�Tilt Ir q M lA�" '�` Oct 1amilp I itJag • kll IORANDUAM TO: Mayor and City Council 71IRU: Bob Lambert, Director of Community Services PROM: Stuart A. Fox, City Forester DAM November 30, 1978 • SLJB,111GT: Diseased Tree Removal Alternatives • • BACKGROUND Per the past two years the tree disease program has hauled over 7,000 diseased trees. The prograta has worked well except for mechanical breakdowns on the log loader truck. The Civil Defense (CI)) truck on which the loader is mounted is a 1933 211 ton GlIC. Prier to acquisition the 6 wheel drive vehicle was a Minnesota National Guard truck. The track has had the following problems: • 1. Numerous minor breakdowns over the past 2 years. (water pump, radiator leaks, dead battery, alternator, failure to start, etc.) • 2. Several major breakdowns: (engine values had to be ground, front axle broke, brake fai.lurc(s), tronstnission slippage) 3. Inability to find reasonably priced parts for necessary repairs. Because of the agn and nature (former military vehicle) there is only one (I) place in the metro area to buy parts, and they are expensive. . Whenever the log loader truck has been breken Balain-the past, the department received numerous ce q laint 40,a;it the is ^.th of tine t. "t. - „.trees away,from•the property. 'fh< go•;t ui tile tree progxa ,,' ° +ty wz1Ttiat 5 working days of the date homeowners;WI were ready for pickup. Itt:c.u;e c.± tl " , F nY 4 ` t 13loader trtta_a:;,,. .Ioan ri,t r+ 444'A ' use several alternatives tt; .: -: 444t " Use of.garipramt'and manpower.,.tc;r tl` m Cie St �_• ' Gut . This was used • primarily in t9;7 arcs had the t!r.44.-tc'k's of scheduling men and equipment without significantly reducing tutu Sircte.t Departments•maintenance functions. 2. Rental of similar log-loading truck (i.e. loading capacity only, can't haul logs.) Cost $'.,000/m3nth. This was done in 1978 and worked relatively well. • 3. Contract a tree service to load and haul trees. Trucks had the capacity to load and haul 30' yards of trees: Cost $30-$42 per hour. This has 1•een the best hauling alternative used so far by the tree program. The primary reason this method t.orkesl so well was the large capacity of the trusts tchich eliminated a lot of road travel time to the landfill. Example: Present haulittt: capacity of the City dump trucks used in the tree program is 7 yards. This means that 4 single trip loads (4x7 yd.',28 yards) to the landfill would alma:tt equal 1 trip load (30 yards) of the tree service truck. 2130 ,. • Dieettsed Tree Removal Alternatives -2- 11/30/78 On an average 8 hour day the tree service hauled 6 loads (180 yards of trees) to the landfill. This far exceeds the present hauling capacity of the tree program. ALTERNATIVES FOR 1979 The staff fools that the hauling and disposal of diseased trees is a valuable part of the tree disease program. Because of the past breakdown problems the staff feels that it would be necessary to reseach a more reliable way to haul trees. Listed are Awe of the solutions the staff ascertained would aid the program. ' .Y. Replace the present1.953 (NC military vehicle with another similar CD truck or perhaps a conventional 21 ton dual axed truck. 2. Rent or lease a 30 yard tree hauling truck for the summer of 1979 (June-Aug.) 3. Continue program as it is and supplement the hauling using a private tree • contractor 1 or 2 days per week when needed. IplldATE COSTS OF ALTERNATIVES: la. Civil Defense Truck - no cost Remount Prentice Loader - $1,500-$2,000 • • ADVANTAGES: Low cost DISADVANTAGES: High maintenance cost, unknown reliability of truck, loading capacity only, slow road speed (35 MPH). lb. New gig ton truck - $10,000 to $14,000 • Remount Prentice Loader - $1,500-$2,000 ADVANTAGES: Reliable truck for loading tress, increased road speed, increased • availability of replacement parts. DISADVANTAGES: loading capability only. 2. Rent 30 yard tree hauling truck Cost: $3,000/month for 4 months (minimum lease is 4 months) Total $12,000 ADVANTAGES: Truck would he new, increased hauling capacity, 2 man crow would do the work of the present 3 man crew, fuel for only 1 vehiile instead of the present 3 trucks. DISADVANTAGES: $12,000 cost for the 4 month rental 3. Supplement program with private tree contractor. Cost: $30-$42/hr. = $7,500-$10,500 (assuming contractor hauls for 250 hours) ADVANTAGES: No need for additional equipment purchases, increased hauling capacity. DISADVANTAGES: Availability of contractor for this type of arrangement is doubtful, contractors desire to schedule around their need instead of City's, potential problem if City truck breaks down and contractor can't increase hauling time. • • Diseased Tree Removal Alternatives -3- 11/30/78 4. Contract all tree hauling (June-August) Cost: $25.00-$30.00/hr. (lower rate based on full-time contract) _ $16,000-$19,000. (based on 640 hours of hauling June-August) ADVANTAGES: Increased hauling capacity, present tree crew would devote more ' time to the takedown of City trees. DISADVANTAGES: High cost to the City. While researching all the-above alternatives and there estimated costs the staff • uncovorod another possibility which has many of the advantages which would increase the tree program efficiency. The staff was contacted by Gary Dolton, owner, of Tri- State Tree Service, and informed that he was selling a self-loading trod hauling • truck. Tri-State was one of the contractors which had hauled trees for the tree pa-us+.am when the City's log loader was down for repairs. On November 21, 1978 Doug Ernst, Tony Molitor and I examined the truck. On , 'November 22, 1978 we operated the truck hauling trees and had it examined by Bud sago (City maintenance mechanic). The following is a breakdown of information on the truck: Information from the owner: Asking price $12,500 1967 Chevrolet Tandem Axle Truck Hauling capacity 30 yards . Hauling box 4 years old Prentice series P loader. (4 years old) • New Engine 1977 New Secondary Transmission 1978 New Clutch 1978 Information from Bud Sager: Brake problem - leaking brake line Steering problem - King Pins need to be replaced Engine - unsure of status but sounded o.k. - wasn't using oil. Felt the truck would be sound if it was fixed up. Cost to repair truck maximum of $1,800. (labor and parts) The staff feels that purchase of this truck would greatly improve the tree hauling service that is presently provided. The advantages of the purchase would be: 1. Relatively low cost. 2, . Year round use. 3. Increased hauling capacity (30 yards). 4. Replacement parts and maintenance costs reduced. 5. Present Cl) truck would only be used for a backup instead of primary loader. 6. Truck could he easily :.old in the,future. • • ttseased Tree Removal Alternatives -4- 11/30178 Thr"tetal expenditures for the tree disease program in 1978 will be approximately S$30v000. Tho approved 1978 budget was $177,000 leaving $40,000 unspent for 1 . $12,500 of this money could be used for the purchase of a log loading true with the Coancil's approval. (The City-had-budgeted $12,000 for a log loader 8NDATI0Ns t1'e'`e disease program needs t, F r ity. There are ww)r ai=terrnAtivos to solve tlras • ... lte purchase - di_iTarge Capacity haul i.n,; = tttit 144 , n ' atero tive after weighing 1 ;' alb ihe.factors. rite staff rcgnc.3t5'thct the cityCouncil approve the use of . ,500 tfxem the 1973 landget) for the p;re.naso of a 30 )aid log hauling truck. SAITTnal • • • .77 1'`+t Dec. 5, 1978 CITY Of EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 7B-220 RESOLUTION ACCEPTING BID I.G. 51-321 & I.C. 51-326 WHEREAS, pursuant to an advertisement for bids for the following street improvements: I.C. 51-321 (Lotus View Drive) and I.C. 51-326 (Dell Road) bids were received, opened and tabulated according to law. Those bids received are as follows: Total Bid (W/Alternates) Total Bid • Contractor i. Imp. Contract 51-326 1.., C twd 5A-34 a a1 Brown & Cris, Inc. $449,173.24 $ 64,577,80 $U3J51.U4, Progressive Contractors, Inc. $457,486.55 $ 54,103.30 t521,589.85 G.L. Contracting, Inc. $500,466.20 $ 64,216.05 $664,672.25 Park Construction Co. $546,040.09 $ 81,855.90 $6 , -BS C.S. McCrossan, Inc. $564,012.55 $ 74,864.60 $6380877'. WHEREAS, the City Engineer recommends award of contr4Gt to Br & Cris, Inc., as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Brown & Cris, Inc., in the name of the City of. Eden Prairie in the amount of $513,751.04 in accordance with the plans and specifications thereof approved by the Council and on file in the offike of the City Engineer ADOPTED by the Eden Prairie City Council on ldolfgang H. Penzel, Maydi' ATTEST: SEAL John 0. Frane, Clerk ?j„ CITY OF EDER PRAIRIE PROPOSAL TO FUR1ISH A STREET FLUSHER ARO TRUCK The undersigned herein agrees to furnish and deliver to the City of Eden Prairie a new street flusher, including truck, complete and ready for service • in accordance with the attached specifications which are also on file in the office of the City Clerk. The bid price shall exclude all Federal Excise Taxes. A tax exemption certificate will be furnished by the City. One (1) new street flusher, including truck, complete and ready for•service: TOTAL BID AMOUNT $37,582.00 BID SECURITY BID BOND 5% • • MANUFACTURER Flusher R(NC0 Model►-3 • Truck FORD Model .0 -800 DATE OF DELIVERY 45 days gas - 150 days diesel . . LOCATION OF PARTS & SERVICE Minneapolis, Minnesta ADD. FOR V636, 210 H.P. DIESEL TRUCK ENGINE 6,350.00 RUFFRIDUE-JOHNSON EQUIP. CO., INC. Name of Company c Vice President • thorize Sicnatu e T t�1e • Note: Bids will be opened at 10:00 A.M. Thursday, November 30, 1978, at the Eden Prairie City Hall, 8950 Co. Road 4, Eden Prairie, Minn. 55344, Tel. 941-2262. The City reserves the richt to reject any or all bids and to waive any informalities. Any alterations or erasures on this proposal fonn shall be initialed by the:bidder. Each bid shall be accompanied by a certified check, cashier's check, or bid band in the amount of five (5Z) percent of the total bid price, made payable to the City of Eden Prairie. 33S • • • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: November 30, 1978 SUBJECT: Rids for Street Flusher Bids were opened at 10:00 A.M. on Thursday, November 30, 1978, for a street flusher unit to be used jointly by the Street Dept., Park Dept., ;;'' and possibly for fire fighting, if needed. Only one bid was received end this was from the Ruffridg,e-Johnson Equipment Co., Inc., in the amount of $37,582.00, as shown on the attached proposal form. The diesel power unit would add $6,350.00 to the purchase price. Apparently the only other suppliers of this type of'unit are from other states and they were not interested in bidding. Our 1979 budgeted amount for the flusher unit is $25,000. If the unit is purchased at the $37,582.00 price., the resulting deficit of $12,582.00 coul4 be covered either by eliminating the purchase of one of the three new dumptrucks budgeted for 1979, or from anyuna pprapriated'surplus budget monies or carried over to the 1980 budget year. . We believe that this street flusher is a much needed peke of equipment. Our present unit is in bad condition and a hazard to operate. Although: the price is much higher than we expected, we don't sat any advantage in rebidding. The price would probably be even higher and there would be no chance for delivery in time for flooding skating rinks this winter. With regard to the diesel engine alternate, we don't believe it is justi- fied because we expect only about 5,000 miles per year of use. The fuel and maintenance savings (estimate $300 per year) will not offset the initial investment of $6,350.00 for the diesel unit. Reconmend award of bid to Ruffridge-Johnson Equipment Co., Inc., in the amount of $37,582.00 for the street flusher unit. CJJ:kh Attachment • 213L • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: December 1, 1978 SUBJECT: Intersection Improvements Co. Rd. 18/Annderson Lakes Parkway • ?, The Hennepin County Staff has submitted a preliminary layout for City approval which involves grading, widening and a traffic signal at the intersection of Co. Rd. 18 and Ander,ufl Lakes. Parkway. A copy'ef the preliminary plan is available for review in the Engineering T�; offices. The project would include lowering the.grade of Cu., 18 ' tie the north of Anderson Lakes. Park�tay to eliminate the sight problem. Also, Anderson Lakes Parkway would be improved to a.W6' %Oatth . to the west.of Co. Rd. 18. The estimated City share of the prefect cost would be $40-SO,000. .We understand that Super Yalu Inc., pree . pared to assume this cost. We have requested the County to consider a more substantial;imprOvement to the cross section of Co. Rd. 18 by installing raised medians for..protectedleft turns. They have responded that the funds are not available to exce • the submitted design. We think that the proposed improvements are better than none at all and therefore are recommending Council approval of the preliminary plan dated September 20, 1978. We will request the Hennepin County Staff to be present on Tuesday evening to further d9S, cuss this proposal. CJJ:kh 2 4,01 „y,,, • - * - . • • Dec. 5, 1918 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-221 RESOLUTION APPROVING THE PRELIMINARY PLANS FOR A TRAFFIC SIGNAL AT CO. Rd. 18 & ANDERSON LAKES PARKWAY BE IS RESOLVED by the Eden Prairie city Council as Follows: Approval is herein granted for the preliminary plata dated 9/20/78 prepared by Hennepin County for grading, widening and a traffic signal at the intersection of 7-% Co. Rd. 18 & Anderson Lakes Parkway. ADOPTED by the Eden Prairie City Council on • Wolfgang R. Pentel, Mayor ATTEST: SEAL JoTm D. Frane, Clerk _ - „ • " • ;*.`" • December 5, 1978 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 11-17-78 2172 VOID OUT CHECK (14.00) 2239 MIDWEST WINE CO. Wine 826.63 2240 JOHNSON WINE CO. Wine 487.69 2241 MINNESOTA DISTILLERS, INC. Liquor 1,532.81 2242 ED PHILLIPS & SONS Liquor 1,408.32 11-22-78 2243 RONNIE H. & BETTY STEVANS Easement-Eden View I 450.00 2244 DENNIS & BARBARA WASYLYK Easement-Scenic Heights upgrading 343.80 2245 JERVELL & CAROLE HALMRAST Easement-Scenic Heights upgrading 100.00 2246 ROY & MARILYN JENSEN Easement-Eden View I 97.20 2247 METRO REGION DEPT. OF NATURAL RESOURCES Permit-Engineering dept. 15.00 2248 RICHARD KNUTSON, INC. Contract-Str. & Wtr. Country Vista 370892.47 11-24-78 2249 PERRY FORSTER Election judge 19.13 11-24-78 2250 VOID CHECK '2251 JANE ROHE Election judge 20.25 2252 LORETTA ELLISON Election judge 44.38 2253 BERNADETTE PLOUMEN Election judge 39.38 2254 CHERYL GLISCZINSKI Election judge 38.25 2255 MARCIE KEHR E'^ction judge 38.25 2256 HELEN SCHOENECK Election judge 38.25 2257 ROSEMARY DYSINGER Election judge 38.25 2258 EVELYN ROGERS Election judge 38.25 2259 GENEVIEVE GIBSON Election judge 43.25 2260 SHIRLEY JELLISON Election judge 37.13 2261 GEORGIA JESSEN Election judge 37.13 2262 VIRGINIA GARTNER Election judge 37.13 2263 SHARON LEVITT Election judge 37.13 2264 JOANN CARLIN Election judge 37.13 2265 DORIS JOHNSON Election judge 42.13 2266 KATHY MOHRENWEISER Election judge 36.00 2267 CLAUDIA BEARMAN Election judge 36.00 2268 JEANNE TANGEN Election judge 36.00 2269 RAE GARDNER Election judge 36.00 2270 EDNA WALKER Election judge 42.13 2271 ALEX B. CHUDYK Election judge 37.13 2272 VIRGINIA SCHMITZ Election judge 36.00 2273 MARIA ZUCHRISTIAN Election judge 36.00 2274 JEAN REICHOW Election judge 36.00 2275 MARION NESBITT Election judge 36.00 2276 BETTY (HILLER Election judge 36.00 2277 MILDRED CLARK Election judge 37.13 2278 RUTH CHARCHAIN Election judge 36.00 2279 LOUISE GREENWOOD Election judge 36.00 2280 BARBARA VANDERPLOEG Election judge 37.13 2281 SHARON LYNCH Election judge 42.13 2282 ANN GAY PARKER Election judge 36.00 2283 JEANNE MARTINSON Election judge 36.00 • December 5, 1978 I1-24-78 2284 BARBARA EIGEN Election judge 37.13 2285 SUE LANE Election judge 42.13 2286 KATHERINE KOSKI Election judge 36.00 2287 MARY UPTON Election judge 36.00 2288 JAYCEE WOMEN Election services 25.00 2289 MIKE JORGENSON Election services 21.00 2290 SPRING CONSTRUCTION CO. Refund of hydrant deposit 50.00 2291 HIPPS CONSTRUCTION Refund of hydrant deposit 50.00 2292 EL MAC LANDSCAPING Refund of hydrant deposit • 50.00 2293 ORIN THOMPSON HOMES Refund of hydrant deposit 50.00 2294 ARTEKA, INC. Refund of hydrant deposit 50.00 2295 ROBERT COMPTON CONCRETE Refund of hydrant deposit 50.00 2296 THE PRESERVE Refund of hydrant deposit 50.00 2297 THE PRESERVE Refund of hydrant deposit 50.00 2298 BERHORST PLUMBING Refund of hydrant deposit 2299 GERALD P. FLEAGLE Refund of hydrant deposit 50.00 2300 HYDRO-LAWN MINNESOTA Refund of hydrant deposit 2301 FIRST MARKET PROPERTIES Refund of hydrant deposit 50.00 2302 HILLTOP CONSTRUCTION Refund of hydrant & meter deposit 150.00 2303 QUALITY WINE CO. Wine 1,594.68 2304 INTERCONTINENTAL PACKAGING Liquor 613.43 2305 TWIN CITY WINE CO. Wine 245.12 2306 OLD PEORIA CO. Liquor 1,049.86 2307 ED PHILLIPS Liquor 1,759.72 2308 EAGLE DISTRIBUTING Liquor 724.23 2309 GRIGGS COOPER & CO. Liquor 2,122.36 2310 JOHNSON BROTHERS Liquor 920.76 2311 SUPER AMERICA Gasoline 16.00 2312 PUBLIC EMPLOYEES Employees withheld and employers RETIREMENT ASSN. contribution 11-24 payroll 6,563.04 2313 STATE OF MINNESOTA Taxes withheld for November 6,991.98 2314 FEDERAL RESERVE BANK Taxes withheld 11-24 payroll 8,382.02 2315 SUBURBAN NATIONAL BANK Bonds withheld 356.25 2316 P D A PUBLISHERS CORP. Book-Planning Dept. for parks 34.43 2317 UNITED WAY Donations withheld 27.12 2318 ARTSIGN Supplies-Park Planning 60.00 2319 NATIONAL ARBORIST ASSN. Dues-Tree Disease dept. 50.00 2320 At1ERICAN WATER WORKS ASSN. Dues-Water Dept. 100.00 2321 ADAMS SUPPLY CO. Steel pipe-Traffic signals 185.04 2322 AQUA ENINGEERING, INC. Winterize lawn sprinkler system-Park dept. 48.00 2323 A & H WELDING Equipment parts '71.65 2324 EARL ANDERSEN Traffic signs 383.80 2325 A & G DRAFTING SERVICE Supplies-Park Planning 12.95 2326 AKINS FIRE EQUIPMENT CO. Fire boots-Fire dept. 3 9«; 1,413.00 2327 RON ANDERSON Fire school tegistry test 15.00 2328 BROWN PHOTO Services-Public Safety 60.45 2329 BAILEY NURSERIES, INC. Trees-Tree Disease dept. 76.50 2330 LAURA PATTERSON BAKER Services-Community services dept. 201.60 2331 BROOKLYN INDUSTRIES Counter-City Hall addition 970.00 2332 BITUMINOUS ROADWAYS Tennis court construction-Park fund grant 13,300.00 2333 COMPUTER ELECTION SYSTEMS Supplies-Election 76.90 2'.10U December 5, 1978 12-01-78 2334 CAROLYN CASSOLA Guitar instructions 953.00 2335 DEAN CONSTANTINE Dance instructions 114.30 2336 CURLE PRINTING CO. Business cards-Assessing dept. 30.00 2337 CLUTCH & U-JOINT Equipment parts 31.71 2338 COPY EQUIPMENT, INC. Supplies-Engineering dept. 120.04 2339 EDEN PRAIRIE SANITATION October services 22.50 2340 EDEN PRAIRIE SCHOOLS Lights for ball fields-Community Services dept. 116.25 2341 EDEN PRAIRIE NEWS Ads 517.91 2342 FORESTRY SUPPLIERS, INC. Paint-Tree Disease dept. 79.27 2343 FIRE INSTRUCTORS ASSN. Materials-Fire dept. 29.95 2344 FEED-RITE CONTROLS, INC. Sulfate-Water dept. 1,107.00 2345 GENERAL COMMUNICATIONS Repair service - Fire dept. 15.70 • 2346 KARIN GORI Calligraphy instructions 96.00 2347 GOPHER HEATING Refund on license overpayment 6.00 2348 GROUP HEALTH PLAN Insurance 857.70 2349. GENERAL OFFICE PRODUCTS Coat racks-City Hall 234.96 2350 GROSS INDUSTRIAL SERVICES Towels-Liquor store 4.85 2351 HENNEPIN COUNTY PARK RESERVE Pool rent for life guard testing- Community services 27.00 2352 ' HENNEPIN EMERGENCY COMMMUNICATIONS Dues-Public Safety dept. 400.00 2353 HARMON GLASS Replacement of windshield 101.80 2354 JACK HACKING Expenses 29.99 2355 HAYDEN-MURPHY Equipment parts 75.02 2356 INTERNATIONAL BUSINESS MACHINES Service-City Hall 38.23 2357 INTERSTATE OFFICE SYSTEMS Headset for recorders-City Hall 15.00 2358 INTERNATIONAL UNION OF • OPERATING ENGINEERS December dues 176.00 2359 JEWELL NURSERIES, INC. Trees-Tree Disease dept. 3,482.50 2360 K. C. AUTO BODY Equipment repair service 123.79 2361 VOID CHECK 2362 LANG AND PAULY, LTD Legal services 3,091.25 2363 LOCAL GOVERNMENT INFORMATION SYSTEMS October service 1,108.76 2364 RICK LEDIN Yoga instructions 74.25 2365 PAM LESTER Services-Community Services dept. 76.00 2366 LONG LAKE FORD TRACTOR Equipment parts-Park dept. 64.00 2367 MAYVIEW RADIO Speaker-Public Safety dept. 16.50 2368 MINNESOTA STATE ARTS BOARD Touring directory-Community services dept. 2.50 2369 MILLER DAVIS COMPANY Supplies for election 210.00 2370 MAGIC SHOP Magic instructions 52.50 2371 MINNESOTA VALLEY ELECTRIC Services-Park dept. 3.75 2372 MILL CITY Refund on permit 20.50 .. 2373 MATT'S AUTO SERVICE Towing services 4- ` 25.00 2374 VOID CHECK / �1 y.$/er}d,e) 2375 MID-CENTRAL FIRE & v�rr SAFETY CO. -New fire buildings 1,489.00 2376 METROPOLITAN FIRE EQUIPMENT Oxygen-Fire dept. 46.00 2.9 j December 5, 1978 12-01-78 2377 MINNESOTA FIRE, INC. Supplies-Fire dept. 12.58 2378 METRO PRINTING, INC. Printing-Newsletter 322.00 2379 MACQUEEN EQUIPMENT, INC. Equipment parts 27.00 2380 MERIT PRINTING Services-Dog registrations 177.69 2381 MINNESOTA STATE HORTICUTURAL SOCIETY Membership dues-Tree Disease dept. 7.50 2382 MIDWEST ASPHALT CORP. Asphalt-Street Maint. 363.52 2383 MEDICAL OXYGEN Oxygen-Fire dept. 72.03 2384 MINNEGASCO Service • 484.91 2385 VOID CHECK 2386 NORTHERN STATES POWER Service-Public Information dept. 5.04 2387 NORTHWESTERN BELL Service 596.00 2388 NORTHERN STATES POWER Service 2,294.50 2389 OSWALD FIRE HOSE Hose-New Fire buildings 1,130.00 2390 PETTY CASH Public Safety dept. 3.00 2391 POWER, INC. Battery-Fire dept. 21.82 2392 SALLY PATTERSON Dance instructions 192.00 2393 PRAIRIE LAWN AND GARDEN Supplies-Park dept. 10.30 2394 PAUL'S WOODCRAFT CO. Counter-City Hall addition 460.00 2395 ROLL TANK COMPANY Stainless steel tank-New Fire buildings 275.00 ' 2396 R. C. PRINTING CO. I.D. cards for liquor servers 6.00 2397 ROBERTS DRUG Supplies-Public Safety dept. 12.47 2398 RAINBOW SIGNS, INC. Lettering for fire trucks 260.00 2399 SATELLITE INDUSTRIES Portable restrooms-Park dept. 133.50 2400 SPECIALTY SCREENING Fire truck emblems 267.00 2401 SUBURBAN CHEVROLET Equipment parts 8.10 2402 DON STREICHER GUNS Supplies-Public Safety dept. 10.27 2403 SOUTH TOWN REFRIGERATION Repair ice machine-Liquor store 30.50 2404 VOID CHECK 2405 SHERMAN NURSERY CO. Trees-Tree Disease dept. 7,422.75 2406 DON STODOLA'S WELL DRILLING CO. Repair service-Park Dept. 34.50 2407 ST REGIS PAPER Culverts-Drainage control 214.74 2408 STANDARD OIL Gasoline 4,519.20 2409 ST PAUL STAMP WORKS Dog tags 96.61 2410 TEAM ELECTRONICS Supplies-Public Safety dept. 5.82 2411 ERVIN D. TILLASON Sign- City Hall addition 50.00 2412 TRI-STATE TREE SERVICE Truck rental-Tree Disease dept. 2,360.40 2413 ROGER ULSTAD Oecember expenses 100.00 2414 VAN WATER & ROGERS Chlorine-Water dept. 1.':.50 2415 VIKING STEEL PRODUCTS Supplies-Drainage control 156.13 2416 WATER PRODUCTS COMPANY Meters and supplies-Water dept. 1,718.79 2417 WALDOR PUMP Repair pump-Water dept. 180.00 2418 XEROX CORPORATION Services-City Hall 674.52 2419 CHRIS ENGER November expenses 106.00 2420 BATHER, RINGROSE, WOLSFELD, JARVIS. GARDNER, INC. Services-Dell Road; Lotus View St. Imp. and 494-TH169 Ramp. Conn. 9,441.94 . . 2421 AKINS FIRE EQUIPMENT Fire boots-Fire dept. 1,630.80 2422 COLLINS ELECTRIC CO. Services-TH169-494 502.09 2423 CHAPIN PUBLISHING CO. Bid ads-Swr&Wtr Trunk Round Lake Area; and Dell Road 177.60 2424 JOHN FRAME Weather expenses 112.00 2+J2- • • • December 5, 1978 12 01-78' 2425 GENERAL SAFETY EQUIPMENT Two fire truck :pumpers 144,784.00 2426 HENNEPIN COUNTY Prisoners board _ 604.5 2427 CARL JULLIE November expenses 103.TR) 28 GEORGIA JESSEN Services 89.50 2429 METROPOLITAN FIRE EQUIP. Oxygen-Fire dept. l#.00 2430 VOID CHECK "" 431 C. E. FIELD COMPANY App. No. 5-New Fire building 75,997.25 • 2432 BRAUER & ASSOCIATES. INC. Services-Guide plan .J*w-f.l' 3�6l4 F„ TOTAL 330,929.66 • • • •