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Home My WebLink AboutCity Council - 02/20/1979 EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 20, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Fenzel, Dean Efstrom, Pave Isterhelt, Sidney Pauly and Paul Reipath '��' irj COUNCIL STAFF: e .4 JOHN D. FRANE City Manager Roger Ulstad; City Attorney , ,,1 �-i Royer Pauly; Planning Director Chris Enger; a' `:' G Finance Director Jahn Frane; Director of_ s' Community Services lob Lambert; Engineer ' Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE RDLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF DUSINESS II. MINUTES OF THE JOINT CITY COUNCIL/PARKS, RECREATION & NATURAL RESOURCES Page 462 COMMISSION MEETING HELD THURSDAY, FEBRUARY 8, 1979 III. CONSENT CALENDAR A. Clerk's License List Page 466 B. Set Public Hearing for Shady Oak PUD for concept approval of Page 467 Highway Commercial, Office and multiple family uses on a 100 acre I. `'l"'" site by O. H. Gustafson & Associates for March 20, 1979 I C. Receive 100% petition for improvements in Shady Oak Industrial Page 468 •m?!, Park. I.C. 51-344 (Resolution No. 79-42) D. Set hearing date to vacate storm sewer easement in Edenvale Page 474 !` Industrial Park (Resolution No. 79-43) E. Final plat approval for Menard's Addition (Resolution No. 79-41) Page 477 F. RLS approval for Bar Mil Search Corporation Page 479 IV. REPORTS OF ADVISORY COMMISSIONS • V. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by Richard Hipp, Hipps Mitchell Heights Fourth Addition, Page 371 to reTiminary plat 13 acres zoned RM 6.5 into 29 duplex lots 11 58 units . The site is located in the southwest corner of Tamarack ra and Mitchell Road (Resolution No. 79-21) Continued from February 6. 1979 Council meeting B. Request from Tim Eller. Centex Homes, for a 60-day extension Page 481 on his developers agreement for Ridgewood West Subdivision ,, C. Request ,for reduction of special assessments on Lot 10, Block 2, Page 482 Edenview end,from Larry Keller VI. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 293, rezoning from Rural to RM 2.5 for Page 487 Parkview Apartments and approval of developer's agreement Council Agenda - 2 - Tues.,February 20. 1979 B. 2nd Reading of Ordinance NO. 78-31,regoning from Rural to RM 6.5 Page 498 for Prpirie East it Addition and developer's agreement VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members 1. Appointments to the Cititons Advisory Commission on Cable 2. Airport runway extension 3. 1 Appointment to thpP1anPi ion to fill an unexpired Page 506 term to 2/26/81 4.. Status of Highway 4212 B. Report of City Manager C. Report of City AttimkeY D. Report of tirectorAf J1 OPYiteS I. Edon prairie staelea (continued from February 6, 1971) Pate 5O7 E. Report of City DORM' 1. Consider bici# fOr qpIptlIme P410.510 2. Consider bid,S lei dump truck Plate Ea 3. Fipal_plat approval for Hion's Mitc 11 HolOnte 4th Addition Pop -Resolution No. 19-321 4. Release of 10% retainage HNTB _ Page 51,1 5. Change Order lDell RC. 51-326, oad oroie Palle F. Report of Finance Director 1. Payment of Claims Nos. 3151 - 3351 Pep 515 VIII. NEW BUSINESS IX. ADJOURNMENT. • z•-• UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL & PARKS,RECREATION AND NATURAL RESOURCES COMMISSION THURSDAY, FEBRUARY 8, 1979 7:30 P.M., CITY HALL • COUNCIL MEMBERS PRESENT: Mayor Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly, Paul Redpath COMMISSION MEMBERS PRESENT: Richard Anderson, David Anderson, Robert Kruell, George Tangen • COMMISSION MEMBERS ABSENT: Steve Fifield, Robert Kruell OTHERS PRESENT: Dick Dahl, Eden Prairie News Al Dybiec, Eden Prairie Sun ROLL CALL The.meeting was called to order•at 7:35 p.m. by Mayor Penzel. The agenda was approved as published. I. COMMUNICATION BETWEEN PARKS, RECREATION AND NATURAL RESOURCES COMMISSION AND THE CITY COUNCIL OF EDEN PRAIRIE • Richard Anderson spoke to the problems of communications between the Commission and Council since the liaison member was abolished approximately two years ago. A discussion was held on the pros and cons of a liaison member. Tangen felt there is an approximate six week time gap from the time of a Council meeting before the Commission receives the minutes on issues that have gone to the Council. Mayor Penzel suggested a brief report by staff at the Commission meeting on the items • the Council considered. It was also suggested that the Commission be given the rationale for a Council decision if they go against Commission recommendations. Osterholt suggested that the Commission meet on a,periodic basis to discuss policy development. Mayor Penzel recommended that March and September be put on the calander at the beginning of the year for joint meetings with the Commission and Council. Mayor Penzel asked if it would be helpful to put a notice of Commission agenda items in with the Public Hearing Notice mailed out by the Planning Commission. The Commission would decide what the impact of this would be and what items should be included. Mayor Penzei emphasized to notify all residents thru the news media when making decisions on regional or community parks. Residents within a 1,000 foot radius should also be notified by mail. Richard Anderson and Pauly stated examples of when this hes occurred - Byrant Lake Park Master Plan and Prugatory Creek Area. II. FUNDING FOR PARKS AND RECREATION IN THE CITY OF EDEN PRIARIE • Tangen stated that the Couniission has difficulty knowing what funds are available for park acquisition, biket,ays/hikeways, etc. Where do the funds come from for matching grant funds? The question was raised as to the feasibility of possible funding from the General Revenue Fund to replace the Park Band Fund. Osterholt suggested there be an accounting of funds such as Bond Fund, Cash Park Fees, etc., so they know what is available. He also suggested the possibility of approaching the legislature to implement funds for local parks similar to State aid for roads, 114.2 -2- Unapproved Minutes Eden Prairie City Council 2/8/79 Parks, Recreation & Natural Resources Commission Mayor Penzel suggested to re-examine the question of a Bond Issue and todays'needs should be determined. Osterholt suggested a survey at Eden Prairie In Action to determine what the people want. The Cash Park Fee was discussed with reference to Draft 1-4 of the Park Dedication Ordinance. Lambert reported on his meetings with the Chamber of Commerce Develop- ment Task Force Committee for input on the new ordinance. Redpath spoke to the problem of new homes funding the park system - bond issue would allow old and new residents to decide what they want for parks. Tangen stated that if we had a General Revenue Fund, the money would come from the entire community rather than just new homeowners. Dick Anderson asked if we can get a General Revenue Fund for seed money. Penzel replied he would refer this to Roger Ulstad for consideration in the 1980 budget. Osterholt requested a list of where General Revenue Funds would be used. • Mayor Penzel suggested that Frame and Iamhprt research the projection of an improvement bond. • Osterholt questioned what is the attitude of the public on a Bond Issue. Kruell replied that it is favorable. Redpath emphasized it should be one issue only. Osterholt stated that timing was an important factor for a bond issue and suggested fall or summer. Mayor Penzel favored summer. Tangen felt it might be too ' difficult to push a bond issue in such a short time. Edstrom stated he sees an interest from the citizens in park acquisition and facilities. Edstrom asked is a bond issue needed to be broken down in details or can it be pretty general. Kruell felt it should be an honest shot, exactly what they are getting. Edstrom felt it would be helpful to put together a five-year comprehensive park plan. Tangen felt this would be difficult to do until after the Guide Plan Update is completed. III. GOALS FOR DEVELOPMENT 1. Mini-Park/Totlots The general feeling of the group was to refrain from calling them tot1ots - refer to as open space or mini-parks. Tangen felt that multiple dwelling areas need structures, but single family areas could be open space with the City owning and maintaining (mowing, etc.) 1 acre/50 homes - open space for single family (duplexes) 1 acre/ 50 units - multiple (4 plexes and up) Richard Anderson emphasized that aesthetic value should be considered for mini park locations. 4�3 • -3- Unapproved Minutes Eden Prairie City Council 2/8/79 Parks, Recreation and Natural Resources Commission 2. Neighborhood Parks Mayor Penzel stated that neighborhood parks should be within a 1 mile radius of a development and 15-20 acres in size. 3. Regional Parks Richard Anderson reported difficulties in the Bryant Lake Park access road. The Commission needs to know what is going to happen to Rowland Road. Mayor Penzel reported that the commitment from the County is for Crosstown 62 to be extended in 1980-82 with no connection to Rowland Road. Osterholt asked what the objections are to the access? Lambert replied the residents want Rowland Road deadended into Bryant Lake Park. Mayor Penzel suggested the Commission set a deadline for a decision or the Council will make the decision. Lambert reported that the Commission has already decided to send it to the Council for a decision. Lambert reported that Metram Properties is considering developing land in the • Bryant Lake area. Lake Riley Area. Lambert spoke to Lake Riley Park as a regional or community park. He suggested that possibly a community•park would serve theinterest of Eden Prairie residents better with a corridor to Mitchell Lake Park. Community Park would be 35-40 acres plus about 55 acres of corridor, as compared to 200-250 for a regional park. Dick Anderson stated that DNR will not maintain Riley Lake, because we charge for boat launching. Lambert reported that he is recommending to stop charging for boat launching, but continue the parking fee. The question was raised as to how to control the number of boats if a fee was not charged. Reference was made to Grays Bay on Lake Minnetonka where after the parking lot is full there is no more boat launching. Shorewood has stickers for residents only. Dick Anderson asked if we are under the philosophy that Riley Lake should be a community rather than a regional park. Mayor Penzel stated that the Council did not give complete endorsement to the regional park concept. He asked that the Commission make a recommendation to the Council. Anderson Lakes Park. Lambert reported that he is making a report to the Council on the Anderson Lakes Park Joint Master Plan. He suggested that the Council appoint a committee to go over the Joint Master Plan and nail down what we want and bring it to the Council for approval. Dick Anderson asked what the Council's feelings are on giving up control of Anderson Lakes Park. Mayor Penzel replied the Council feels this was not the original plan and Eden Prairie should not give up control in its invest- ment. Members of the Council felt that it was important to pursue the original intent of developing a nature center in Anderson Lakes Park Reserve. 4ru • • Unapproved Minutes Eden Prairie City Council /79 Parks, Recreation and Natural Resources Coninisslon 4. Bike/Hike Trails Lambert reported on the status of County Road 4 Bikeway Trail. There are problems with the railroad and State requirements for erorssing the rail- road at a 90*angle. He also reported that there is no funding north of- Highway 5 because of the wide stwuldor which is designated a bike trail by the State DOT. Valley View Road bikeway has been written off.fur now until the bridge problem is solved. Tangen asked about 51, 6', or B' concrete Valls. L-ambert rePortei B' concrete for collector streets, 61;osphalt for recreatitmal i:rai1 , and 8' asphalt for spine system trails. Meeting• was adjourned at 10:20 p.m. Respectfully Submitted, Marlys Dahl • Recording Secretary • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST February 20, 1979 • CONTRACTOR (Multi-family & Comm.) HEATING &VENTILATING C. F. Haglin and Sons Co. A. Binder & Son, Inc. W. L. Hall Co. Pokorny Plumbing & Heating Lovering Associates, Inc. Sand Mechanical Repair Lonny J. Theiry CONTRACTOR (1 & 2 Family) WELL DRILLING Arvada Development Corporation The Dreyfus Interstate Dev. Corp. Associated Well Drillers. Don Graham Company, Inc. & TOBACCO Johnson-Reiland Construction, Inc. CIGARETTES Van Eeckhout Building Corp. Acorn Vending • Paul Walentiny Coast. West Construction VENDING MACHINES ' PLUMBING Christopher Harrison Lance Coppin Sewer & Water Randy Lane Plumbing The Plumbing Place Pokorney Plumbing & Heating Rainbow Mechanical Inc. Rivard Plumbing & Heating Co., Inc. Don Voss Plumbing & Heating Co. GAS FITTER A. Binder & Son, Inc. Don Voss Plumbing &,Heating Co. These licenses have been approved by the department head responsible for the licensed activity. Aixeieica Rebecca Quernemoen, Deputy Clerk • /f/l_ . ,. • .. . , • • . , ... • . ' . • . „ ' • • , . . .. .. . •• ... •. ., . - .. • ' . • ..., .., ... commence _ .• - • . . . • .. , . cV . • . ii. -Id)i . . ,. . ,.• . _ • ne . .. ,,.. . .. . , . .. .. . - . . . . . .. . D. H. Gustafson and Associates Incorporated . ,. . ..,. Land Planning,Development aid renstruetion • '. . • . . February 15, 1979 • • , • . •- ••••• . ' . - • • 2'..-7;::''.17",:;... '-J • . . . ..... . , . .. .. . .. '' -''.—...:-.-.:;:.:'...:':?:•..": Men Prairie City Offices • . The Hotiozable mayor Ahddivi opmigtx. • • : ,' : ..•-::..:"•••,'::::,',7•-.',.'/". . 8950 Eden Prairie Road Eden Prairie, MN 55343 . •:,-,-•• ...'•.,:2-1- ,. ..",'-' .. .. ,...,..., .. • . • Dear Mr. Mayor arid City rrmortl: • ' '''' • ' We have submitted to the staff of Eden Prairie a plan reqUestic41 amended. ' .' ' ' •-:-::::; ,r.,::::-.,-:::''., land use approval for our Shady Gaik Road planned unit dayeldpemet. Thin ,.. : .''''',.:-,:,.',...,: 1•::',,., ' plan has been reviewed by the staff aadolanning eean*esion and bobalnive, •. '.-.---.:::'i': 1•:.-:, recommended approval of the proposed inhang,e. In connection with this request1, we hereby request you schedule a ..,,,.. .. .,. . hearing for your considero+inn of our proposal at the earliest rammalAos. . date. We look forward to the opportunity to present our acee4ed:Phut ice •: . ,', :',:' -.2,'..'..• review and action. , . . S ie!‘nieely, . . ... - • •. . •. •-' ' ' .'' • • • . ... .• ...„ in'ii. Gustafson • . President • .,...,... .„. DHG/sa • , . . . .. 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Suite 650 Southgate Office Plaaaf$001,1441078th*reetilli000liost*,*(titi*tt.Afiat,g44411VSJJ20417—C.,1,.:::,"."...7.:,:. ....":;:'-': '...,'• -I. . ... • .,..',,,;-...... -.....,..,.,;,.!•.'.J........,...;,,.:.'. .;:,.f..::':::.:.. ..:'"::'4'j..''''r:•'.'::ij.. ::.;'.'':-:'?..'::::',,T,':'..;':.'.`:,::/,:-.T.,.-‘, . .•'1 • -_ February 20, 1979 CITY OF EDEN PRAIRIE • • NENNEPIN COUNTY, MINNESOTA RESOLUTION NO.79„42 RESOLUTION RECEIVING'900% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS IN THE SHADY OAK INDUSTRIAL PARK, I:C. 51-344 BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100%of the real property abutting upon and to be benefitted from the proposed sewer, water, and street improvements in the ShadyOak Industrial Perk and Shady Oak Road from T.H. 1&9-212 to VaTTey# w Rd., at an ;estimated total cost of 1,500,000.00 have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said Improvements are hereby ordered and the City Engineer, with the assistance of RCM Assoc. shall prepare plans and specifications for said improvements in accordance with City standards and advertise for thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clark is hereby directed to publish a copy of this resolution once in the official newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on • 'Golfgang H. Penzel,-Mayor ATTEST: SEAL John D. Frane, Clerk 116 t MEMO TO: Mayor Penzel and Members of the City Council FROM: Carl Jullie, City Engineer DATE: February 15, 1979 SUBJECT: 100% Petition for Street Utilites Shady Oak Ind. Park I.C. 51-344 • The attached 100% petitions'itave been.receitved from Richard Anderson, etal and the Swendseens, requesting the improvement of Shady oat Road from T.H. 169-212 (Flying Cloud Dr.) to Valley View Road, including utilities, plus the streets and utilities in the Shady Oak industrial` Park. The total estimated cost is 51,500,OOD.00.the proposed at4eaement period is 17 years. Recommend approval of Resolution NO.79-42 • 41,9 CITY OF EDEN PRAIRIE, MINNESOTA I 100% PETITION FOR LOCAL IMPROVEMENTS • • TO THE EDEN PRAIRIE CITY COUNCIL: i The undersigned are•all the fee owners of the real property described ' below and herein petition for the Eden Prairie City Council to'proceed with making the following described improvements: (General Location) k Sanitary Sewer Shady Oak Road -0169 South to Valley View Road and 69th Street g Natermain pittn X Storm.Sewer pittn g Street Paving Ditto Other • . Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any • public hearing to be held on said impra , a d further restate te a agree that the total cost of said improvements sessed against the property described below in accordance with the City's special assessment policies. We further understandrthat the preliminary, estimated total cost for the said improvements Street Address or other Legal Names and addresses of Petitioners Descrip�tcion of Property to be Served (Must be owners of record) ay • 101 i, I/ 6 l 4 tvr✓4I fi 1 14,407 f 'vv. p 01-116-22 42 0003 !rr 01-116-22 42 0004 • 01-116-22 43 0001 01-116-22 44 0005 12-116-22 12 0002 Total 114 Ac r (For City Use) Date Received ' Project No. Si-344 /� '(l" Council Consideration V , c', CITY OF EDEN PRAIRIE, MINNESOYA • 100% PETITION FOR LOCAL IMPROVEMENTS d TO TOE EDEN PRAIRIE CITY COUNCIL: i The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed '. with making the following described improvements: (General Location) . ,( Sanitary sewer Shady Oak Road -#169 Sonya to Valley V{ew Road and 69th Street x watermain Ditto x Storm Sewer Dittn ' r x Street Paving Ritto • Other • . Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvemeAs k I'i,S sassed against the property described belowAin ace dance w:,tti City's special assessment policies. We further understand that the • preliminary, estimated total cost for the said improvements is Street Address or other Legal Names and addresses of Petitioners • Descri•tion of Pro•ert to beSrved (Must bg owners of record), tf. 01-116-22 42 0003 01-116-22 42 0004 X , ' '�»/ 01-116-22 43 0001 f.: -.f+/�-r' Asp -""''"-._, 01-116-22 44 0005 ,f�AW. '' x 4, 12-116-22 12 0002 LC3 1La-eeP -t"°— Total 114 4c. • (For city Use) ,:.:::::: Date Received �,( •,t } Project No. CAI)4" f y11 council Consideration ., . :: January 11, 1979 SI-3N0 City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 ATTENTION: Special Assessments and Real Estate Assessor's Department Gentlemen: Re: "Shady Oak Industrial Park 1st and 2nd Additions, 11¢acres" You have certified on January 2, 1979 that $89,738.98 of Special Assessments are due on Plat 56712, Parcel 8600 and Parcels 1110 and 4470 for Plat 56701. The real estate taxes due in 1979 will be approximately $42,000.00 based upon the 1978 taxes. The undersigned fee owners request that you split said special assessments and Real Estate taxes to the acreage, upon a square footage basis after deducting for dedicated right-of-way estimated at six acres. The net usable acreage of 114 acres in said Shady Oak Industrial Park 1st and 2nd Additions thus has $863.00 per acre for special assessments and $404.00 for Real Estate taxes. The proposed special assessments for constructing Shady Oak Road and 69th Street shall be allocated to the said Shady Oak Industrial Park 1st and 2nd Additions also according to square footage. • Please confirm below the above instructions with the understanding that you will certify to the County Assessor the exact tax split to each platted lot upon recording of either or both plats. Yours very truly, Fee Owners: Melvin G. Astleford, and his wife, Donald F. Hagen, and his wife, Herbert A. Mason, and his wife, Archie N. Carter, and his wife. By By �I�•yGu�, .(�1 w.r'a"� John, eith an Paul Allen •r By Richard W. Anderson, Inc. Receipt of the above instructions hereby acknowledged. By City of Eden Prairie • PETITION FOR MUNICIPAL IMPROVEMENTS • . TO: THE HONORABLE CITY COUNCIL CITY OF EDEN PRAIRIE EDEN PRAIRIE, MINNESOTA 55344 • RE: Proposed County Road 61 (Shady Oak Road) The undersigned Helen Mae Swendseen, Carl G. Swendseen and Thomas I. Swendseen as the adjoining fee owners hereby petition for the Improvement of that part of proposed County Road No. 61 for which they have recently under date of December 28, 1978, conveyed easements to the City of Eden Prairie over, through and across those portions of their land. located in the Northeast Quarter of Sec. 12-116-22 as more particularly described therein. The requested improvements are construction of the street itself and necessary accompanying utilities and other improvements. It is the understanding c' petitioners that, the imgrencente ;+ • will be assessed against all buildable acreage on a 17 year payment basis, and we have been advised that it has been the established policy of the City of 'Eden Prairie to spread special assessments, . for municipal improvements over a 17 year period in situations 3:th -wing multiple ownership. In the letter of November 22, 1978,. written 'by our attorney to Mr. Ulstad, we explained that we cannot develop the property ourselves and that we desire to sell it as soon as possih..". The. departure from existing policy of assessing on a 17 year payment basis would seriously inhibit an expeditious sale of the property. If the Council is now contemplating such a change in its policy, we would ask that this petition not be considered at this time until the undersigned have had an opportunity to review the situation of the changed circumstance* which such a departure in established assessment policy would present. Respectfully� sti 'tad,, this 8th. day of February, 1979. Jf/��4• en wen een • / . ,s I. 4wen•seea 11.34LJ, . February 20, 1979 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79.•+43 RESOLUTION SETTING HEARING FOR. VACATING DRAINAGE BASEMENT IN EDENVALE INDUSTRIAL PARK WHEREAS, it is proposed tO Vacate certain drainage and utility easements which are no longer needed and which are legally described as follows, • bThe etween X 470.68'1 drainage Block tMcenentere sonithe. o common line • NOW, THEREFORE, BE IT RESOLVED by the Eden Preirie.City Council • as follows: 1. A public hearing shall be held on the 'Roth day of 'March, • 1979, at the Eden Prairie City Hall to,consider'the vacation of said easement. 2. The City Clerk shall give proper legal notice of such hearing as required by law (2 weeks published and posted notice.) • ADOPTED by the Eden Prairie City Council on Wolfgang If -Pentel, Mayor ATTEST: SEAL John D. Frane, Clerk • • liEAi9 TO: Mayor Fenzel and Members of t City Council FROM: Carl Jullie, City Engineer DATE: February 15, 1979 S&J9AU: McGlynn 'Bakeries, inc. Request for Vacatien and toleration of Tirol-nap Easement Lots 1 and 2, Mach 4•, ;Edenvale Indurei1 Park • McGlynn Bakeries. Inc on Mitchell On4d is planning an expansinnff their facilties and desire to ,purchase a portion Of ttle adJaip ng parce1,` There is presently a 20 foot wide drainage and atilt r eagnt along the canner property line Which would have to be vacated and re-located to'acc+ their expansion plans. Prior to vacating, a new eminent-document plus:a bond would be required to insure the proper re acation Of theelleuing storm sewer pipe and drainage ditch,• . necotanend adoption of Resolution No:79-43 which calls for a hearing on the vacation on March 20, 197B. u. i • 13), o • •( v c p/ s ; • l : ii ° , r --I 3t tn p ub -a ' t • 0133 0 N.L . t M -• •. ;, 4 • 7 D _ • �C' w 4. 4 a :R 'act a + . ' dry•>'-•o -"acts P �� r o ....r sse"l I a�� 7:. 1 s' lsst , i .‘,,a ..ry no. A r Td. 1. A if '4, • 1�> ' :a„ ' • 7 ay •M ,S' T 1 • .s• .A • . �'z10 ;\f , 8 % \• `4 •• • A • 2 IA %it ....‘ ‘ C• .-" k", .2*;:. \ 16, ft‘.\ \ 4. -- ., .) 2 ;•e - • 0i \ N. \ � �� h •-- l20.00 L c.,n u�. k —3T7t6— . o , 8O eM • C.9:•51'96•M► ewe y8^ 1 ....et Jr'3. 1193 °s` + 114,1214.2t. ct SE-1/0� Qc;ion 9,T ``>'�►tp 11to,Qon+�c 22 / l0 • • CITY OF EDEN PRAIRIE • • HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 79-41 A RESOLUTION APPROVING FINAL PLAT OF MENARD ADDITION WHEREAS, the plat of Menard Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Menard Addition Is appretik1 upon compliance with the recoaetendation of the Cif& Engiaeers's Report on this plat dated February 14, 1979. . B. That the CityClerk is hereby directed to file' a cOpY of this Resoution in the office of the Register of Deeds and1°r Registrar of Titles for their use as required by.MSA 452.3581 Subd. 3. C. That the City Clerk is hereby directed.to supply a certified copy of this Resolution to the owners and Subdividers of the above named plat. • D. That the Mayor and City Manager are hereby authorized to FvPrute the certificate of approval on behalf of the City Council uPoll compliance with the foregoing provisions. ADOPTED by the City Council on ltolfgang H. Pantel, Mayor • ATTEST: SEAL John Frane, Clerk 1 CITY OF EDEN PRAIRIE . ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer C; • �( DATE: February 14, 1979 SUBJECT: Menard Addition PROPOSAL: The Developer, Menard Inc.. is requesting City Council approval of the final plat of "Menard Addition". The total area of this plat is approx- imately.75 acres and the division will consist of 7 lots, with Lot 1, Block 1 (13.3 acres) to be used for Commercial development (C-Reg-Ser). Additional ' rezoning and replatting will be required for development of the 6 outiots. HISTORY: The preliminary plat was approved on November 8, 1978 per Council Resolution N78-204. Toning to C-Reg-Ser for the area indicated on the plat as Lot'1 Block 1 was finally read and approved by the City Council an December 5, 1978, per Ordinance #18-45. . The Development Agreement referred to in this report must be executed prior to approval of the Final Plat. • • VARIANCES: No variances from City Ordinances have been requested. UTILITIES AND STREETS: All utilities and streets will be installed by.the Developer in accordance with Eden Prairie specifications and the requirements of the Development Agreement. The Developer will also be responsible for the cost of street signs and • first year installation and maintenance costs of street lighting. A cash deposit of $1200.00 will be required to cover street lighting costs. PARK DEDICATION: Park dedication requirements have been satisfied through the Development Agreement. BONDING: Bonding requirements will be as required through the Development Agreement. RECOMMEMENDATION: Recommend approval of the final plat of "Menard Addition" subject to the requirements of this report and the following: 1. Execution of the Development Agreement 2. Receipt of fee for City Engineering services in the amount of $1400.00 3. Receipt of cash deposit of $1200.00 to cover street lighting costs. 4. Receipt of cash deposit of $300.00 to cover the cost of street signs. • w . • TO: Mayor Pen'tel and Members of the City l+ rrail THROUGH; Roger Gistad, City Manager FROM: Carl Jolliet City Engineer DATE: RArruary 1.5, 1979 SUBJECT; Registered Land survey for Lot 5 Block 1,, Eden Prair it teilt r Addition • The attached R1'S covarit '.Lot 5r;R1O1k 1 Eden Pi iris meter Md1tits was been submitted for:cityCounci C appr val by r 11 i x� � the'pa»1 ' of the•RLS is a d"ivfaet intof 3 t-radts, tom'`5 sale of the tracts, P ci l;ifate mert Ring, and` 1 tip ca rlicet legal descriptions. Zoning to C-Ike4 etas finally- tt€v the C1ty Cnuncfl on :January 16, 1979 per Ordinance• #TS- 'tlxia:.RLS it it iea' of a final plat. The attached ELLS now submitted for approval confinr s with the Est litter shown On 'EXHIBIT B of the Development Agreement dated January` 1;t1, 'i9 ii The set-back Var attces. required because of the lot fir .placements can be considered approved because this is a PUD area and h lot i es rep e shown on the exhi-bits reviewed by the Caamissiof..mud t ncil•-1 ing,the rezoning process. Recanmend approval of the Registered Land Survey of Ji 5, Black 1,. Eden Prairie Center Addition subject to the requirements of i Development Agreement dated January 16, 1979. • 411 • • • GREEN, MERRIGAN & JOHNSON ,.pEB a 1979 ATTORNEYS AT LAW • Ntf KAVCT WN.O,NO NCNNCTN W. /SO.WNW AVCNGC SOUTH .T.(101W MCNNIGAN MINNSAW W F MUNMCSOTA SS4OW LSE M.JOHNSON INONZ(O/W(iSOHOoO MM.NACI.B.OVAYLC MAMU O.WCU February 8, 1979 • • Eden Prairie City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota•55344 Re: Lot 5, Block 1, Eden Prairie center Registered Land •Survey • Dear Council Members: • This law firm represents Bar Mil Search Corp. which is the developer of the above captioned property. On previous occasions, the application of Bar Mil Search Corp. to have the subject property rezoned for specificchve/apment has been before your City Council and such proposal has been approved. In order to effectuate the proposals, it is necessary to have a new registered land survey so that deeds cat be given to those individuals committed to purchase land in the captioned property. On behalf of our client, we request that consideration of the Council be given to this proposed registered land survey at the Council meeting to be held on February 20, 1979. We believe that the registered land survey is necessary in order to effectuate the planned redevelopment which has heretofore been approved. Copies of the proposed registered land survey will have hereto- . fore been delivered to the City Engineer. Thank you. Very li ours, GREEN, MERRIGAN, JOHNSON &.QUAYLE By Lee N. Johnson LNJ:mkt cc: Mr. Carl Julie, City Engineer • Sao • • 1- :: v February 16, 1979 • • • Mr. Roger tasted • City Manager, City of Eden Prairie 8950 Eden Prairie Rd, Eden Prairie, MN 55344 RE: Ridgewood West Eden Prairie Dear Mr. tasted: f On December 5, 1978, Qp .ntlxv MJ4west-., Inc- and the3'o papa Prairie entered into a o`Dem61611*r*e 'set e - ltt•Che davelopeent of Ridgelaewd F'est in Eden Prairie. ParaDosph RJ of that Agreement provides that the Agreement is contingent upon Centex obtAtnang record title to the property on Or Oefo'r^ • February 28, 1979. Centex respectfully requests that the City Cnttnettt extend that date to April 30, 1979 because Centex renegoristad ire opt: on the land to April 30, 1919. Also, the Sellers may apt he able to close on the property early. Thank you for your attention to this matter. Sincerely, • ,0148$MIDWEST, TNG. 9 ' Timothy R. E39. Vice-President TRE:aep 8801 Daman Rd..Eden Pare,lahmaaata 85343lt812)ae18871 . d . • . - . • • " , • • • • • • • • • • • _ _ . TO: Mayor and City Cbuniii • FROM: John 0. Frans, Finance Director .. • DATE: February 16, 1979 - • • - " • „ RE: Request by ttrrY Railer for special asiessment resnotion . • „ . . . .• . . , ,.„ At the 1977 special assessment hearing the Zity'granted the:.• • request of games Carter, the thanyoWDOR Of tlnt to defer the assesenenta until tialt lotisse ilirmeimpetti,haace . of poor sail on the lot. Tho RPRJ-1A,1*::t*I*'11914tiOnd____,Img41! be at the current City prime, -.1tesinierent rate'hei.fcM1144:.1,11-• ••,, .„ • a total of $5,970 for ut4itis. - „.- , •;, •,‘ . • mr seller paid $1,000 for thaii iot and asmseea da1tHquost t..41:1C411P • of about $90. He initticates'a lair gefiteuisi to $7,000 or a total lot cost of.sSeehere-betyesen $14,620. Current lot costs are between $11,040 114:/48404:L. Mr Xpl1n- is asking for a special ansennment"*.edudtil* - - • . . 2/16/79 • JDF:bq . . . . _ •.. • - : .• ,. • , • • Feb. 1.4, 1979 FEB 1.519 Dear City Council of Eden Prairie, • It is the desire of my wife and I to live in Edam Pra311e4 therefore we . assent taMce .� tRe a�ccaahed sc purchased a piece of price y,contireno a have ensen n:problem if di test, having plans to build. Dowager, to the building of our home, and are in of yoor hellr A' s latter• This is how the situation stands. The et -Pdrthaenad the tars!! of South Lund Drive and Create¢iess Lane): is iu e: t Of . fill before any attempt to build a home would nga. ,udtha ,ter.ohots� to an endeavor. would be in the 500pw tto 9717007e ldt' nga Che tof'&I ens -of .... us- baAtt dxi . drt . the usa but anytn a ebO ire:3ntg ted :in b range, not ° tNia lot-st3ii bras sold"Fatty tiCm it is unlikely "Chat , gl mate ttgi a Pad tosethisnyear added expense period of back tesiti(tb* their delinquency ri*w l`be tee bla.fat'; their uses efface 1975) at that time Eden lot that is non-buildable. We would like tc 1 ui1 t on the lot fax 'r oasble price, and I'm sure that Eden Prairie wzr1d benefit from sin.texas en'P home, but how can this situation be solved? What I would like the city connect to consider is Oita Ike •irh assessments to the price when they were originally d erred4.1973U a ' n to the orig4flet assessments a compounded interest fot•aaah del y ) at approximately $62#it�.s r (The current' assessments stand str,it eld If the City Council would act on the afore mentioned r .. tor, ft enhance the possibility of our building on that particular lot. is unlikely that we or anyone else would be able to build as the aMtuaA stands. Thankyou for your time in considering this matter. I an set Oud awaiting your decision. Sincerely, Larry Feller Ea. Apt. 4 7700 Penn Ave. Richfield MN. 55423 P.S.I have enclosed a copy of the soil test and analYs4S SLR . .._._..:'�.-7...__. ._. • • • f/ DOS 121311B32I113 P.O. Ben 255 itudopese 1liensesota 55379• Telephone' 443 •302 • February 15. 1975 kr. Jaws Thomas Oarter 15901 North Lund thrive ,ftden Prairie. Ygttnesota 55343 RSs Soil Boring at Creek View Lane and South Lund Drives Idea Prairie Dear Sirs At the request of Kr. Larry St u• li cky fron Ceatttrydde Realty. we put down one soil boring on the above site. The baring was Isiatid en the SW corner of a proposed houses dtandard split epees penetration tests were aade aeaTdiiti ti MTh standard A• 1586. The boring Was adtansed with tour inch eSeneter sentlnoue flight power augers which are truck muted ( Piro Pest of sooty fill was found above 8 fest of black peat. ?ten a depth of 13 feet to the ace of the boric„ at 24 foot. the soil is firs and capable of supportin a house. The top 13 feet are net eapable of supporting a hauoe. Attaohed is the log se the boring • and the plan of its location. itS00)=ATlOASs Thwre aro two possible solutlsao, piling or et;cavating out the peat and replacing with a compacted granular rill. The water level was at a depth of 4 foot. key a:eavatlon would bars to to with a dreg line or a largo shovel. The excavation should extend beyond the limit*of the house a distance equal to the depth of excavation below the footings. This would be about 9 foot. The 'atom at floor should be at least 4.feet above the water level or about at t¢!t . _ existing Seale.- 1Lteatattas should el s be made ter the sand hoes. „ , •.y.,.,t The peat could be used as fill in the yard. Tt is diffisslt to know if all of the peat i s rooted unless the excavation is dswateaed. It would sow that piling tight be the better sslatisa. Timber piles . pressure treated. would need to be about 30 feet leadh lineirely. Pr stain AL Bee P.I. 011. I • . • • «; SOt` QSptttoto rr.e... sa,.aas cA[IEK.. EPEta 9i AIN.tG I 1.0.tt,144SOT". • , c.ge VKwF Awl • 7, +1/ . SO f S ASS' ' el../AO.t! A Bot i'J6-7 8a•, IV —ram^' • t �' �. a ex U v a - $o(ttWG • BtLewJ 5„.... J..G►K- fit.4 WATE l:. 6l vEL ri • • AT `4 FT. C 3y1.1 -- -- -- . 4.ge-I SAwD`t ' J.coops.-1v/A.E. Ipr 5' • — ` I BLAGtt Q@AT . `` 1 s Eli ii l�Lt . t31�1 81.4E G4el SA#..O.l tt.lrAr"t -Jo,' ... lef .: • I OtAoce GOAtAit Sa►ND S CeiNI!`• • ••N„,. 141-t. 15.t. C F14oi) T i It I 14 ii Ot 'G4 eLAy (KIDH I o@*as.i) t8t in ",4' BLoE Get,' S,woy CLAY Sriyt r 11 Vivo of pplgttAr$D*S•-F@d. t4i1111 • T'• . La 2i 1 q 0‘ cal' 'tS i.... ' w 1...t.• � • • • BORING NO. GROUND ELEV. DESCRIPTION OF ✓"�MATERIAL • LOCATION OF pi" -"----BLOW COUNT BLOWS ;:ER FOOT LOG OF BORINGS • NOTES THE BLOWS PER FOOT AT THE LOCATIONS INDICATED ARE BASED ON DRIVING A 2'0.D. SPLIT SPOON SAMPLER WITH A 140LB. HAMMER HAV- ING A FREE FALL OF 30 INCHES •- .r THE BLOW COL•QT ;S TAKEN IN UNDISTURBED SOIL BELOW AN OPEN HOLE, N•.. THEREBY ELIMINATING SIDE FRICTION ON THE DRIVE PIPE • THE SOIL CLASSIFICATION IS BASED ON BOTH VISUAL CLASSIPCATION AND • GRAN PARTICLE SIZE ACCORDING TO THE U S BUREAU OF SOILS DUE TO WE FACT THAT THE AREA OF THE BORINGS IN RELATION TO THE WHOLE AREA IS VERY SMALL AND THE POSSIBLE VARIANCE ;N SUB SUR- FACE CONDITIONS, WE DO NOT WARRANT CONDITIONS BELOW THE DEPTH • OF THE BORINGS OR THAT THE LOGS SHOWN ARE TYPICAL OF THE EN- TIRE SITE. • BOE !w hi GIN Za1>trt��•_w BOX 5•SHAKO E IINNES A TO: Mayor and City Council FROM: Carl Jollies City Engineer ell" 12 DATE: February 15, 1575 RE: BURNING TREE PAAEYIEW APAILI''MENIS.) LEGAL DESCRI .: FO1t:DEVELOPER'S AGREEMENT The legal description for the attached developer's agreement will be amended prior to publication because at this time we do not have an exact determination for the alignment of Anderson Lakes Parkway. This determination will be made when the survey data is completed for the final plat. Carl Jullie, City Engineer CJ:jj • • parkview Apartments OEVELOPER"S AGREEMENT • THIS AGREEMENT, made and entered into as , 1979 by and between EDEN DEVELOPMENT, INC., a Minnesota corporation,herein- after referred to as "Owner", and by the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", • WITNESSETH: WHEREAS, Owner has applied to City for changing the zoning from Rural to RM.2.5 for approximately 13 acres for development of land more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and • WHEREAS, Owner desires to develop and plat the property for construction of 64 apartments thereon. NOW THEREFORE , in consideration of the Mayor and Council of the City adopting Ordinance No. 293 changing the zoning from Rural to RM 2,54 Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall conform with all planning, architectural, engineering, landscaping, and fee requirements of all City ordinances. 2. Owner shall plat and develop the property in conformance with the material dated Feb. 5, 1979 and attached hereto as Exhibit B. 3. Owner shall submit a development plan prior to approval of the final plat which shall show proposed grading, storm water drainage areas and direction of flow, pre- liminary utility plans, ponding area and floodplain high water levels for 100 year storm and minimum floor elevations for all lots. Approval of the final plat shall Li 4g be subject to approval of the development plan by the 0 City Engineer. Agreement-Parkview Apartments page 2 4. Owner shall submit detailed construction and storm sewer plans to the Riley/Purgatory Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. 5. Owner shall pay cash park fees as to all of the property required • by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. • Presently, the amount of cash park fee applicable to the property ' is $275 per unit. The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or •supplemented to require a greater or lesser amount 44 of the date of the issuance of any building permit for construction on the property. • 6. Owner shall install a 5 feet wide, 5 inch deep concrete sidewalk along the South side , and within the right-of-way, of Chestnut Drive as depicted on Exhibit B concurrent with utility construction. 7. Owner shall design and install all roads and improvements according to the City Engineer's specifications. 8. Owner shall submit a landscape plan to the City Planning Department for review and approval, according to Ordinance #I78, prior to the issuance of any building permits. Said plan shall include, but not be limited to , 6-8 foot high evergreensin conjunction with a 7 foot high wood screening fence on 3 sides of all recreational vehicle storage areas. 9. Owner shall dedicate the necessary right-of-way for the extension of Chestnut Drive and Anderson Lakes Parkway as depicted in blue on Exhibit 8. • • Agreement-Parkview Apartments •page 3 10. Prior to approval of final plat, Owner shall execute and deliver to City such document or documents containing such terms and in such form as shall be required by City whereby Owner shall agree to dedicate or convey land for the construction of Anderson Lakes Parkway, on such alignment and in accordance with such specifications as determined by the City's Engineer, extended southeast from the southeast line of that portion of Anderson Lakes Parkway depicted on Exhibit I,, on the following described lands: • All that part of the North Half of the Southwest Quarter, of the Southwest Quarter of Section 15, Township 116 North, Range 22 West of the Fifth Principal Meridian lying East of a line run from a point on the North line of said North • Half distant 1004.51 feet East from the northwest corner of said North Half, to a point on the South line of said North Half distant 998.49 feet East from the Southwest corner of said North Half. Also, the North Half of the Southeast . Quarter of the Southwest Quarter of Section 15, also the South Half of the Northeast Quarter of the Southwest Quarter of Section 15. except the property described in Exhibit A. 11. Prior to the 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 property or interest therein in the City. 12. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, herein free and clear of any mortgages, liens, encumbrances, or assessments. • 13. Owner shall remove all diseased trees on the property by April j , 1979. • Agreement-Parkview Apartments page 4 14. City grants Owner the following variances from City ordinances pursuant to the provisions of Section 11. Ordinance 135, for the property: A. Requirements of Subd. 2.7, Special Requirements-Design, will be waived for the property. B. Front yard setback for building B shall be allowed at 30 feet as depicted on Exhibit B. 15. Owner shall grade. seed, plant, landscape. and construct a tot lot within the area outlined in green on Exhibit B. 16. Owner shall provide at least 48 guest parking spaces for the property. 17. All sanitary sewer, watermain and storm sewer facilities concrete curb and gutter and bituruinious 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 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 systemssubject to recomnendations 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, 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. ' • • �ii1 • Agreement-Parkview Apartments page 5 . _ • • 18. Owner shall final plat corners at alT Street intat.otaiaes and cul-de-sac retUrns having ninel5I fOot to.71bglo utility companies to instill their lines without private property. • , . _ . 19. Owner shall file this AgreeMent4- 02,,,itFh :;11110.t!t4Nbnber ! ntignnis Registrar of Titles lied t with informatiOn time of d 11. 107,uuLLII ,,.. frem Agreemen certified thgre0/1'wM".,muluu daYs date of tins Agreement • .• ' ' . • , • . 20. If Owner fails to proceeddate in annorsin0;0 wIth.t.t....121!: 11T!ni within 24 months of the hereof and proroe. N :e, with partgraPh 10 hernin4 vnuer. f itself, itr, filing in necnrdlne ws succoclors, andassigns shall net'OPOn* re2Pn111..g of said property to Rural 21. Provisions a s essors, and nssill4;1114 n: Plr Pilr'ellfarrAgable f this Agreement shall be against Owner, its described. • , 22. Owner represents and warrants it OVUM fee title to the proper .. th entUmbrOnnes. -z free and clear of mortg , 'Liens and o ar „ / except: . - , • . „ • • • , . • • _ • : • -•• . - • • Agreement-Parkvicw Apts Page 6 • • IN WITNESS WHEREOF, the parties to this Agreement have caused • these present to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal )� • corporation of the State of Minnesota BY: Wolfgang H. Penzel, Mayor BY: . Roger K. Ulstad, Manager STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 1979 by Wolfgang H. Penzel the Mayor and Roger K. Uistad,The City Manager of the City of Eden Prairie, a municipal corporation on behalf of the • corporation • • 1iotary Public EDEN DEVELOPMENT,INC., a Minnesota corporations �,/ Its :e n'tse-a0 STATE OF MINNESOTA) SS. COUNTY OF HENNEPINT ) / f re n instr �/��cknowledged before me this//�J day of� 19799e b 9 9 _c,4trs r) the Ut✓u.'( 'Tel.L„+,„,/ one f by .!_ B-r�-r� of the corporation. SL.... ,72-4,..6.4... Notary ubl1 :NE PETERSON 1:77.--- u0l1C•tMNNBSOTA EPIN COUNTYon Weis Jan.11 12/3 • • 4q5 . • • • • • • • • • • Agreement-Parkview Apartments page 7 • • • • • • • • • • • • • • r< L.I SCRI.Prrr�a That part of the North 1/2 of the Southwest.'1t4 ofs the tnith*eat • 1/4 of Section 15, Township 116 'N, Range 22 W o€ the fifth. lying easterly of a line run from a point on the"North.1ine.of. distance 1004.51 feet east from the Northwestrth, /24,4. 3�t ,earaar �.ts�d I?��rth 1/�;is a point on the south line of said Southwest cornerKorth 1/2 dstanrct! :€i5:feet -t.:,€cbm t• of said north l/2, Also, that partiOn Southeast 1/4 of the Southwest 1/4 of section•15 lying � awes er aiT g of the proposed east-west parkway. • • • EXHIBIT A • • • MEMO TO: ' Mayor and City Council FROM: Carl Jullie, City Engineer �v DATE: February IS, 1979 RE: BURNING TREE( PARRVIEW APAM l mtNIN LEGAL DESCRIPTION FOR DEVELOPER'S AGREEMENT The legal description for the attached developer's agreement will be amended prior to publication because at this time we' do not have an exact determination for the alignment of Anderson ". Lakes Parkway. • This determination will be made when the survey data is completed for the final plat. Carl Jullie, City Engineer CJ:Jj • (pilr • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 293 .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 ' shall be and hereby is removed from the Rural District and shall. be included hereafter in the RM 2.5 District. Section 2. The above described property shall be subject to the terms and conditions of that certain.Developer's Agreemr,it dated .1979, entered into between Fri N: DEVELOPMENT, INC. ' • and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ardinen a .t rules and regulations of the City of Eden Prairie relating to the RM 2.5 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 2nd day of Segeatber , 1975, and finally. read and adopted and ordered published at a regular meeting 01 the - City Council of said City on the day of , a1914, Wolfgang H. Penaelf za ATTEST: • . SEAL John D. Frane, City Clerk • Published in the Eden Prairie News on the ,_,; ,day';01x ^ . • • • • LEGAL DSSCItIPTItel That part of the North 112 of the Southwest * of ;thy•Southwest 1/4 of Section 15, Township 116 N, Range 22 stilt the fifth PZ+inefpal Meridian lying easterly of .a tine run from a feint On thy North Tine or void North-1/1 distance 1004.51 feet east from the Ntmlanwmet;corner of iaii iiorrthh:L/2, to a point on the south tine of saiii -North x. 2-dfatanoe. 9S5 49 foot aainri from rho- Southwest corner of said'north in,.,. "ago,-.;that porti `.of,;the'North- l/T;of the Southeast 1/4 of the Southwest 1/4 of Section 13 1yt g /Seth and we rly•, of the proposed east-west parkway. • • • • • EXHIBIT _ A • 'I: Prairie East 7th JNJ • •CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-31 • 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: Outiot B, Prairie East Second Addition, shall be and hereby is removed from the Rural District and shall be included hereafter in the RM 6.5 District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement made as of , 1978, between THE BLUFFS COMPANY and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the RM 6.5 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 8 day of November , 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. ATTEST: solfgang N. Penzel, Meyer John D. Franc, City Clerk SEAL published in the Eden Prairie News on the _day of ► 1979, • • • • Prairie East 7th DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1978 by and between THE BLUFFS COMPANY, a minnesota corporation, herein- after referred to as "Owner", and by the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", • WITNESSETH: WHEREAS, Owner has applied to City for changing of the zoning from Rural to RM 6.5 for approximately 12 acres for development of land more fully described in Exhibit A, attached hereto and hereafter referred to as "the property", WHEREAS, Owner desires to develop the property for construction thereon of 52 duplex units (26 buildings, 2 units/building) to be called Sherwood Townhouses. • • NOW THEREFORE, in consideration of the Mayor and City Council of Eden Prairie adopting Ordinance 78-31 changing the zoning from Rural to RM 6.5 , Owner covenants and agrees to construction, development, and maintenance of said property as follows: 1. Owner shall conform with all planning, architectural, engineering, landscaping and fee requirements of all City ordinances. 2. Owner shall develop the property in conformance with the material reviewed and approved by the City Council dated 11-1-78 and attached hereto as Exhibit B. 3. Owner shall submit a development plan in such a form and • containing such provisions as are approved by the City Engineer prior to final plat approval or building permit • issuance, which shall show proposed grading, storm water • drainage areas and direction of flow, preliminary utility plans, ponding area and floodplain high water levels for 100 year storm and minimum floor elevations for all lots. • • q .g . . 4. Owner shall construct "A" street 32 feet wide (allowing parking on one side) as depicted on Exhibit B. 5. Owner shall construct duplex driveways no less than 25 feet in length. • 6. Owner shall construct duplex units of which garages shall be considered a part a minimum of 30 feet from the right-of-way of Linden Drive. 7. Owner shall construct all duplex units of which garages shall be considered a part a minimum of 75 feet from single family lot lines to the north of the property. 8. Prior to issuance of any building permit, Owner shall construct a trail, 6' wide, 4" deep of asphalt in the location depicted on Exhibit B. Owner shall convey said trail to City, and City subject to satisfactory completion of construction, shall accept the same, for public use. The cost of maintenance, repair and replacement of the trail as originally constructed, but not of additional capital improvements or of re-building of the trail to more expensive standards, may be specially assessed by the City in equal shares against each and all of the individual residential units within the property. Owner shall insert into the Declaration or Supplemental Declaration of Covenants by which the property is constituted a townhouse regime or shall otherwise legally subject the property to a waiver effective' against all purchasers of any portion of the property substan- tially as follows: "Paragraph 8 of that certain Developer's Agreement entered into between the Bluffs Company and the City of Eden Prairie on ,1979 for the property then referred to as Prairie East 7th Addition provides in part as follows: "Prior to issuance of any building permit, Owner shall construct a trail, 6' wide,4" deep of asphalt in the location depicted on Exhibit B. Owner shall convey said trail to City, and City subject to satisfactory completion of construc- tion, shall accept the same for public use. The cost of maintenance, repair and replace- ment of the trail as originally constructed, but not of additional capital improvements or re-building of the trail to more expensive standards, may be specially assessed by the City in equal shares against each and all of the individual residential units within the property." • Each Owner by acceptance of the deed to his lot for himself and his heirs and assigns, waives any objection or right to object to such special assessments on the grounds that the land benefitted thereby is broader than the lots included within this (Supplemental) Declaration. The Declaration shall also provide that it shall not be amended with respect to the above provision except with the consent of the City. 6O • • • Agreement-Prairie East 7th page 3 9. Owner shall construct turning lanes at the intersections of Linden Drive and Co.Rd. 18 in accordance with County Highway Department • specifications prior to issuance of any building permits and in any event not later than July 1, 1979. Concurrently with the execution hereof, Owner's obligation to complete construction of said turning lanes prior to July 1, 1979 shall be secured by an unconditional Letter of Credit in favor of City in the amount of $7,O00 and containing such other provisions as are required by City. In the event the turning lanes are not completed by July 1, 1979, City may draw the funds pursuant to said Letter of Credit and cause to be constructed the turning lanes and pay the cost • thereof from said funds. 10. Owner shall submit to the City staff for review and approval a detailed landscaping plan of the property and the single family lots abutting the property to the north prior to issuance of any building permits. 11. All units to be constructed on the property shall be subject to cash park fee payment as required by any ordinance in effect as of the date of issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $200/unit. The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greaterorlesser r amount untuesiof t etda te of the issuance of any building permit e property. 12. Owner shall propose a plan to eliminate a drainage problem•in the north central area of the property depicted on Exhibit 8 for City Engineer's review and approval prior to issuance of any • building permit. 13. Owner shall remove all diseased trees existing on the property by April 1, 1979. 14. Owner shall dedicate additional right-of-way along Co.Rd. 18 for a total of 60 feet from centerline. • 15. Owner shall excavate all areas of poor soil to an appropriate depth and backfill and compact in order to provide building pads requiring only normal foundations. 16. Owner shall revegetate immediately following grading and construction to prevent erosion and soil loss. lteration permit and other 17. Owner necessary 1permits l nfrom the nRRiley/Purga and land tory Creek Watershed District. ' An.erosion control plan shall accompaanythe eppeea t conform lam ca ion nd dt ' shall be approved by the District. recommendations and rules, 501 • Agreement-Prairie East 7th page 4 • 18. All sanitary sewer, watermain and storm sewer facilities concrete curb and gutter and bituminious surfacing, whether -to be public or private,-shall be-designed to-city standards by a Registered Professional 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 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 system subject 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, 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. 19. 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. 20. 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 19 herein, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. 21. Provisions of this Agreementshall be binding upon and enforceable against Owner, its successors, and'assigns of the property herein described. • 22. Owner represents and warrants it owns fee title to the property • free and clear of mortgages, liens, and other encumbrances, • except:. . . . • • • IN WITNESS WHEREOF, the parties 'to this Agreement have caused these presents to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation BY: Wolfgang H. Fenzel, 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. Penal, the Mayor and Roger K. Ulstad,the City ana�i ger of the City of Eden Prairie, a municipal corporation on behalf of the corpor- ation. • • Notary Public • THE BLUFFS COMPANY , a • minnesota cor` ratii , BY:(.C/�t/•f+�G Wallace H. Rusted Its President BY: James W. Peter • Its Secretary-Treasurer STATE OF MINNESOTA 1AMES L OSTENSONA SS, NoWs iwsuc-4u wMMW /l/1 N[NNL/1N COUNTY COUNTY OF HENNEPIN N, N�oN "N"."''[[[ The foregoi g instrument was acknowledged Wore me this‘day of , 1978 by YV4L , /4eJ the 6 tii. and the of THE BLUFFS COMPANY , a minneso corporation o► e a o e corporation. o ry Pu c . 60 • • • • Legal Description! °litlot R;•Prair•e East Second Addi ti'an • • • • • • PRAIRIE EAST 7th ADDITION, EXHIBIT A • It • --- ---•- - j . .�,. I i 1 • ... • 1 , 1 4 . , . • ..... . • ..,..i__ . - ' - - 4 • i \>..), . 1 - • . IP ire - ram« 4 !: �/ rvm '1.,+4�'.+� t� �i. --I- a 4z.... ,.........7 4 III ''''."1 '"1 .--'ems. -�� IIP itc,..;., . • cws r� X 41 4 • \ • . • ill G. • February 16, 1979 Mayor and City Council Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Mn. 55344 Dear Mayor and City Council: Please accept my resignation as Planning Commission member effective the 28th of February, 1979. I am being transferred to Kirksville, Missouri . My association with the people of Eden Prairie has been most goodsatiue and sfying. I do place to live,r8and my association with the Cigret having to leave such a ty staff and leaders. its excellent lden ife esairie tablishedlbyl know its history i andnd principles adheredito by its leaders. Thank you for the opportunity to serve during my time in Eden Prairie. Sincerely, ' w Ted Sln, Rod Sundstrom, Planning Commission Chairman cc: Roger illstad, City Manager Chris Enger, Planning Director Planning Commission • 670 by • • • MEMORANDUM • TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Robert Lambert, Director of Community Services-Tajt.. DATE: February 16, 1979 • • SUBJECT: Eden Prairie Stables . At the February 6, 1979 Council meeting staff was directed to attempt to find someone that would operate the stables on an interim basis and prepare inform- aiton to advertise for new leasees to operate the stables. • At the February 6th meeting, Mr. and Mrs.Thon of Burnsville indicated that they might be willing to operate the stables on an interim basis and would like to. submit a proposal for a lease agreement. After meeting with the Thon's and reviewing the existing lease agreement and the site, the Thon's prepared some cost figures for initial investment and operation of the stables. They also discussed with me their thoughts on the pros and cons of the Eden Prairie Stables. After considering all the pros and cons, the Thon's are not interested in leasing the Stables at this time. I have attached an estimated operating cost breakdown for an operation providing lessons, training and boarding for 30 horses, using the 1976 and 1977 records from Mr. Lorenz and the cost estimates prepared by the Thons's. These costs• • can vary depending on the price of grain, hay, bidding, and the success or failure of the lesson programs and the number of boarders. It shows quite clearly • that the operating costs are about the same as projected income costs, and a leasee cannot afford to invest a lot of money in the facility. I have also included a breakdown of estimated equipment that a leasee would have to have to operate the stables. Jackie and Ed Millet have been very successful in the horse business for many years, and managed the Eden Prairie Stables for five months. I asked them if they felt the Eden Prairie Stables could be self supportive and how they felt it should be managed. They felt that the City should start out with only about 30 horses, all in box stalls in the arena barn, and the City should offer just riding lessons and boarding. The riding lessons should be taught by a highly qualified instructor that would also manage the facility. The lessons should be "saddle seat", as this type of lesson teaches the basics all the way through advanced horsemanship, and people can then go to Hunt Seat or Western. Also this type of lesson encourages practicing repetitive manuvers in arenas rather than long cross country rides. There are not enough trails in the park or adjoining areas to offer trail riding. This information is provided to give you some feel for the concerns facing possible leasees. • • so1) • • -2r Eden Prairie Stables 2115/79 • • I have not been able to find anyone interested in Operating the facility • on an interim basis. The people I have talked with feel that, although it is preferable to keep the present boarderk there, a new llea .shool�hrrt have too much of a problem getting new boarders becarise Of the tecatian'.of the stables. RECOMMENDATIONS • Staff would recommend that the City,begin advertising immediately fbr flew. leaseos, and would recommend that the nit,lease include the following- ro nion'sz. a. Lessee must porvi-de riding bins to the public (preferably saddle' seat lessons.) b. Leasee will not be allowed to ;board:'.int tip:Stables.. c. Pastures and paddocks may roily,be-baled,l exe• d ing daytime. d. Minimum of ninetl►.day notice ofterrnt titiEiari fief a. City will repair reef an arena f. City will grade paddocks to-ke them usalble- - The Council should also consider the.:aptiars of closing basis, perhaps 2 to 3 years, until funds =Mall `-Metr?-- f complete development of the facility according tm it ,ter plan , lit this: time there will probably be fewer stables ini the tiros;creating a gl t+ need for this special use facility •. Tf the Council chooses this action, they could consider the Hockey Boards suggestion • to use the arena as a'temporary indoor ice rink. If it were used for an indoor ice rink. the Metro mil.would have to app re the "interim use", and the required 11 mind and 'b would wou have.i be rchased by the City or the Hockey Association, • .1 0 .. .. L,. ESTIMATED OPERATING EXPENSES (30 horses boarded) 5-7 School Horses (No Training) EXPENSES • • Salaries (including payroll taxes) $26,400 Manager/Instuctor $800/mo. + house Maintenace man/laborer (feed/waterhorses/ clean stalls $700/mo. Part-time help $700/mo. 3,600 Grain $300/mo. 6,000 Hay 500/mo. 4,800 Bedding 400/mo. 4, 00 Rent 430/mo. 5,160 Electrcity 180/mo. (house & barns) 480 , 4 Heat. 200/mo 2,400 Telephone 40/mo. 8 Insurance (including workmen's comp. & liability) 8,0 0 • Repairs and Maintenance 1 00 600 Miscellaneous Expenses ANNUAL EXPENSES $61,500 . REVENUE Boarding Fees 30 horses @ $150 $54,0(0 Riding Lessons $61,500 ESTIMATED NET OPERATING PROFIT -0- EQUIPMENT TO PURCHASE Tractor with loader $3,500 Bulk Feed Tank 1,000 Manure Spreader 800 Manure Removal (?) 1,000 Lesson Horses (5) 3,500 Tack 1,500 Harness for Team & Team 2,500 Hay & Sleigh Racks 350 $14,506 INITIAL REPAIRS & MAINTENANCE TO STABLE Roof Leak Repaired $5,000 Paddocks (graded & added fencing) 2,000 Autouaatic Water System 2,000 Box Stall Added & Repaired 1 500 • 4, Initial Investment rid/ TOTAL $24,650 • • • MEMO • TO: ' Mayor Fenzel and Members of the City Council .. w FROM: Carl Jullie, City Engineer DATE: February IS, 1979 SUBJECT: Bids For Quicklime Sealed Bids were opened on Wednesday, February 14, 1979 for the 1079 . • supply of quicklime for the City's water treant process. Two bids were received as follows: Cutler-Magner Co. $55.70.perr ton 4' fuel. clause Martrex, Inc. $58.65 per ton- no fuel clause Recommend award of Contract to Cutler4Wagn0r Co. at $55.70 per ton per terms as attached. We estimate that the fuel clause may add $1,60. $2.00 per ton which would still be below the Martex, Inc. bid of.58.65, • 61 .. _.. . , • . . . ..„ ....,..,-,...„ ... - .. . „,-.„ ,.. . • - - , .'" , . . . •• -. , . • ..: s • • .. . . • I . . • -... . ' . • . . .. , • • . . • . .... . • , , . • . ... , . . . - - . - • ' • . , . . . , .. ..... - .. ......_ , . , . • • . • , ,.. ... . COLITEACT PRICS CCINDIETONS ' , . . . If Buyer shall be'Me to purchase Lime d tins sanusimility_fromannetablisistid..,.._,ituntsfeeere=likelifellittintellisediur.minalifIaleltitet . -- ' at a Wirer Voithan the contract price,_and An&mascot aimpserry eirmentie ms us Dawn saw- ...,,, ries on sn tit shipments of'OWL Super to paroles*tiarriarrer. it2fiftLYMI1 - ' Ail questionsportainl to theanslyabiof mattdahl__./14 -d'altderthiadOnt6X..411111rtirdlalli0141044"'-',11'eltaltaitt161111114• a • ' :, recommended by the Socittl.1°r T'sting.W.a . • ' ' . • , : ' vzsrairr lazes mu wiraGEtTs ., . . . ,.. Antiaigha Taw quoted alatiame Damao,"thaRailioad coiapare*irwalraciasoOlotia mPon!lbuu- —'Riatiellowni. nat iftitts govern all iltipmente. All freight bilis Sn3 to be paid by the purthaler Fir.tiNillelentint•OT,the inr:140sorotbanaTak darner,not payable totoln recelPt of inofitit. .. . . , . , .., ... ,. .,„, •-. dlaTFFINUnferisocnosrs ,„ PorchMer shall give shipping Instructbinalnistitingiltdiliatif,ilreciattellSeitnitblitIme. .11641611611rIMAIICIIIRVA . . •-.- CLASPS .In pet - inelastic:a.,'• • •aritnetk • '611SIF ' ' ,,' 2; An illments ate wagensdulled'adtrOar. IleafNgili_*gaagat•tattit%aiSkatIANFlali°111114grt4t-110:14116f • " - y original receipted freight bill and,UE ef lams, . , . .. , • , ,. . ..-:-,.., . •,. , ,...•.., U contract made under this quotallen la not an end.• ritptionerten„, Mnontriiiits ifigintliet.cmttraellillitiliNdei,Ar„...,501i,. tilln=lhe . placed,wish other suppfiefs to supply a portion,of•pnithOlt.: titatettorequirriteawdieter the aanieltilEtylt'rt,4!=;LM, - ' :-. •, ••.' . obeli ba liable only to supply that Pereentibleautho'IOLei .' utiltgY7ibl'altp°1.*_____,A4=11,1Iw... ..;17''•""" •:' - • . ., , . . .. .-• ..-,...., -- Purchaseeel lability to purebase estimated Miatitithlentinled'beehtallattlOtl!eianOgialftitt.IWiren"ntl*Iblk... ..- ' '• -;-' '•-'',-"'' ,. cOntract Period. w ' . . ASSIGIGIENTS ..• The right to receive shipment*under this guntatiOn.oranyernittatLine46 liedealtr comit*Ateildit41. • ...•• ..::"...-* ' , , ."... ,_, ,,..• - •• ,„. ..1_,.. Seller shall not be responsible for failure to perform resahleg In ithfietit Ili pert ban;Andellit_ tit•gitedaue.nitto•rat:teffRiffili.:. L':,;::'.:... . -..'... , del h Of civil strife,or other disorders such as watts set al 001466' '''W°'4'r sou.orligok . . ,, • "...,• ;:. ., . . FUEL CLAUSE The price shown en this connect„ta aubdiet 10 I it...lectegui et decorum' of 2.6a liar Inn Os „,4theleum-Lbfilifit ... • ..-„, the cost of fuel is mare or less thin -,-,-.t.1.2'per minim). 'Iltit gest fieti:reiahalliet istenaltied tti Sliefeet-whakt,„„„„con-__,'• • ''• . .' . , ,,,.,.. crease or decreases shell be computed based on tuttoz.harittg a -=lee ni LITIO B ,11411flaid6a.„„ '1,4•15_„„,''''',.•••.„‘:,,.',,' ' . •.„:1; #6 fuel au having a heating value of 150.00a BTlic Per A*elude entalation bWint -61,SOillf-ago,F-1,101,rr-•'• ' • . '.. day pelied.it Incas/00h sdth the required swotting •te sabosatiatcany Adbutatut In•Feitak. • .. • •.. . .- . .." • • . . ,-. . . ..:. , . . .. . ••, .. ... -. • • , ... .. , • .. . . ., . . , . .'-`..••,:,..: "".":".;,,..,'•'•,-",,,.-,.7-,-,-:.-1---.-'.-.7;,"''''7."::'-'•:'•..-7• '7•:-.1:7: • i i :......: ..:7,,,::::..t--."''''.42.-•::,.'.1.--„7.•:',:i.-':;''S'':'•,•:;:i.:,;':::::-.4.';''-. "-:::,".,.:.'''''' '',4•-': • 611 . •• .-. '...-,,,,,,.;:,.-..,"1•-•:-:'•-:,,,'';',..•4'":,...:L,•'..,',1• 72.,:-ii'r.--:,.-.''''''..',:.''.;'.....'••.7- '''•.'-'l•• . - .., ."-.:::'1,•.,:•••-•----',"''.'71'.----•;,--,:s.-':"-:::7'.--7,-•' `- '," MEMO ++ . TO; Mayor Penzel and Members of the City Council sq. FROM: Carl Jullie, City Engineer • DATE: February 15, 1979 RE: Bids for Dump Truck Sealed Bids were opened on Wednesday, February 14, 1979, for the purchase of a 27,500 GYWW truck cab and chasis with a diesel engine. The bids received were as follows: Superior Ford, Inc. $18,548.00 Boyer Ford Trucks $19,140.46 Astleford I. H. Equipment, Co. 519,574.15 Waconia Ford-Mercury, Inc. $19,627.00 Recommend award of contract to Boyer Ford Trucks in the amount of 519,140.4. The unit bid by Superior Ford, Inc. does not meet our specs. Their truck as bid does not have the dual hydraulic brake system called for and they made • an error by bidding an incorrect engine/rear axle combination which Ford does not build. When questioned, Superior Ford said they would require an additional 5760.00 to meet our specs. That would put them above the Boyer bid. 5 • • • • • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Carl Jullie, City Engineer FROM: Roger A. Pauly, City Attorney DATE: February 15, 1979 RE: HNTB Consulting Engineers Retainage The Consulting Engineering firm of Howard Needles Taxmen and Bergendoff ("HNTB") has provided engineering services to the City in connection with the Schooner Boulevard project. HNTB has made a claim for payment of $14,752.50 retainage under the terms of a Consulting Agreement between the City and HNTB dated January 23, 1973, ("Agreement"). • We have been requested to review the claim. The Agreement provides for the engagement of HNTB to provide preliminary design, design phase, construction monitoring . services and special services. HNTB is to be compensated for the preliminary design and design phase services in the amount of 5.25% ofawarded contract amounts for storm drainage systems and roadway construction. in the event construction contracts are not awarded HNTB is entitled to 5.25% of the estimated construction costs. HNTB is to be compensated for construction monitoring phase and special services on the basis.of actual salary costs incurred plus' 130%. We are advised that during the course of the work and prior to March 4, 1975 HNTB was paid the sum of $132,772.50 based upon total amount earned of $147,525.00 less a 10% retainage of $14,752.50. In the spring of 1975 HNTB made a claim for payment for special services rendered under the contract in the amount of $52,819.09. During the course of the next two years negotia- tions were had which resulted in payment to HNTB of $36,767.44 for special services. Neither the original request of HNTB by its letter of March 4, 1975, for compensation for special services nor a letter of April 18, 1977 of HNTB, to which is attached a lengthy and detailed analysis of the bases of its claim included the request for the retainage of $14,752.50. In addition, Mr. Jullie indicates that the discussion with HNTB concerning com- pensation for special services did not include the matter of retainage. It is obvious, therefore, that since the City has already recognized performance of services by HNTB of an aggregate value of $147,525.00 by paying that amount less the 10% retainage of $14,752.50 or $132,772.50 and since the 1975 to 1977 negotiations • 1C13 • • • Memo • - .. Page Two February 15, 1979 . did not contemplate and include the $14,752.54 tainage, the City is now obligated to make payment of that amcnnt to ALB. To do otherwise would require the City to repudiate its previotsa r acquiesence in the invoics of HNTB in the ra s amount 4f $147,525.00. MEMO • TO: Mayor Fenzel and Members of the City Council • FROM: Carl aullie, City Engineer 9 " • DATE: February 16., 1979 RE: Change Order No. Tr i.0 51w326 Watenualir IxtenaIOt The attached change order in the aRDunt of $13,153.60 Is cif for Council approval. The additional work covers the 50M foot extension of a 12 inch trunk watermain North of Duck Lake Trail from TiranderOge; Trail to Dell Road. This work should have been included in the Dell Road Project, I.C. 31-326, but was inadvertently left out of the Plana prepares by BRW, Inc. The change order is 2.5% Of the original bid amount of $513,751.00 for the project. The unit prices for this extra work era i,n line with prices on other similar projects. Recommi.nd approval.-of said change Order No. 1, I.C. 51-326. • CONTRACT AMENDMENT N). 1 TO CONSTRUCTION ( (TRACT FOR IMPROVEMENT CONTRACT 51-326 DELL ROAD CITY OF EDEN PRAIRIE, MINNESOTA BATHER-RINCROSE-NOLSFELD-jARYIS-CARCIER, INC. 7101 York Avenue South January 18, 1979 Edina, Minnesota 55435 The City has decided to add the following work to the contract for this project; for furn- ishing and installing the following item of work: Item Est. Quantity Unit Price Extension 12' D.I.P. SOS Lin.Ft. $20121L.F. Sidi,S1610.6s. Crush Rock (Pipe Bedding) 70 Tan S 7,40/Ton Si (weZ fats• Erosion Control two Son S/CUirp/L.S. $ 4,Ariglter, Total $/'.d, 3.6m Description and Location of Work The above itemized work is located between Deli Road and Ticonderoga Trail in Eden Prairie, Minnesota. Necessity for Amendnent The work is necessary to extend the wetermain trunk facility across the proposed road to allow for future extension without damage to the new roadway. it is mutually agreed that the contractor will be paid for this mark as itemized above. Ail work shall be done in accordance with contract specification or as directed iry the Engineer in the field. it Is understood that this agreement is not valid until it receives the approval of the Eden Prairie City Engineer and appropriate signatures are affixed. CONTRACTOR: BROM AND CHR I S, INC. Title a 1.s•*.t Date 02"V—7 FNCINEE /~~ BATHER-RiNGROSE-nOLSFELD-JARVIS-CARCNER, INC. Title Projerr Pnginpor Date "r` /"; CITY OF EDEN PRAIRIE: City Engineer Date 6/6/9 1 February 20, 1979 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 01-31-79 3151 U. S. POST OFFICE Stamps for Public Safety 150.00 3152 PRAIRIE VILLAGE MALL February rent-Liquor store 1,870.13 02-02-79 3153 PETER & ALICE SHEA Easement-Lotus View street Imp. 511.00 3154 ED PHILLIPS & SONS Liquor 1,754.43 3155 INTERCONTINENTAL PACKAGING CO. Wine 381.20 3156 TWIN CITY WINE CO. Wine 377.28 3157 MINNESOTA WINE MERCHANTS Wine 125.37 3158 JOHNSON BROTHERS Liquor 1,200.03 3159 OLD PEORIA WINE CO. Liquor 337.37 3160 EAGLE DISTRIBUTING Wine 365.70 3161 GRIGGS, COOPER CO. Liquor 512.75 3162 HENNEPIN COUNTY Taxes-Park property 141.28 3163 LA BELLES Calculator-Assessing dept. 99.97 02-06-79 3164 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employers ASSN. contribution 2-2 payroll 6,898.74 3165 UNITED FUND Donations withheld 2-2 payroll 31.34 3166 FEDERAL RESERVE BANK Taxes withheld 2-2 payroll 8,773.63 . 3167 VOID CHECK 3168 STANDARD OIL CO. Fuel for equipment 4,615.85 3169 MYRON MFG. CORP. Supplies-Conmunity Services Adm. 10.95 02-07-79 3170 MINNESOTA DEPT. OF PUBLIC SAFETY Registration and title transfer 3.25 3171 NORTHERN STATES POWER Services 359.95 3172 KENNETH & ARLENE t10ENING Easement-Lotus View street Imp. 765.00 3173 PETTY CASH Reimbursement of fund-City Hall 59.84 3174 DIANNE HANSON Reimbursement for supplies-City Hail 35.60 ti 3175 POSTMASTER Postage for utility bills 90.90 02-09-79 3176 OLD PEORIA CO. Liquor 480.23 e 3177 ED PHILLIPS CO. Liquor 1,479.61 ., 3178 INTERCONTINENTAL PACKAGING CO. Wine 310.95 3179 MINNESOTA DISTILLERS, INC. Liquor 1,179.33 3180 CAPITOL CITY DISTRIBUTING Wine 32.60 3181 QUALITY WINE CO. Wine 223.20 3182 GRIGGS, COOPER & CO. Liquor 410.62 3183 MIDWEST WINE CO. Wine 1,251.65 3184 JOHNSON BROTHERS Liquor 1,451.91 3185 BEER WHOLESALERS, INC. Beer 1,227.20 3186 LEDING DISTRIBUTING CO. Beer 1,213.45 3187 EAST SIDE BEVERAGE CO. Beer 2,178.16 31BB ROUILLARD BEVERAGE CO. Beer 484.47 3189 GOLD MEDAL • Mixes 19.85 3190 COCA-COLA CO. Mixes 59.55 3191 DAY DISTRIBUTING CO. Beer 994.72 3192 THORPE DISTRIBUTING CO. Beer 1,512.90 3193 PEPSI COLA Mixes 213.35 cit February 20, 1979 02-13-79 3194 SUPER AMERICA Fuel for equipment 9.75 3195 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Registration & title transfer 3.25 02-16-79 3196 CAROLYN LYON Refund on ski trip 9.50 • 3197 ROBERT HOGGE Refund on ski trip 9.50. 3198 KATHLEEN HANSON Refund on landscape planning class 12.00 3199 HENNEPIN COUNTY Rent in lieu of taxes-Park property 6,802.80 3200 AMERICAN PUBLIC WORKS ASSN. Dues 120.00 3201 A & H WELDING Supplies-Water plant and Park Maint. 27.64 • 3202 AMERICAN CHEMICAL 'ENTERPRISES, INC. Chemicals-Water plant 64.17 • 3203 EARL ANDERSEN Signs-Street dept. 4,440.32 3204 AKINS FIRE EQUIPMENT CO. Supplies-Fire dept. 54.50 • 3205 BLOOMINGTON LOCKSMITH Keys-Water plant and Public safety 30.00 3206 BILL BLAKE Expenses 46.50 3207 BACHMAN'S Supplies-Tree disease dept. 30.97 3208 JEANNE BODIN • Refund on winter outings 14.50 3209 MICHELE BAIRD Refund on cross country ski class 14.50 3210 BELLIS PAPER Supplies-Liquor store 183.26 • 3211 BROWN PHOTO Service and supplies-Public Safety 138.54 3212 BLUEPRINT Supplies-Engineering dept.. 61.89 . 3213 BARTLEY SALES CO., INC. Liquid soap valves-Water dept. 29.00 • 3214 BRAUN, INC. Supplies-Fire dept. 16.20 3215 BUSINESS FURNITURE INC. Chair-Public Safety dept. 250.44 3216 BOUSTEAD ELECTRIC Equipment parts-City garage 244.40 3217 BRYAN AGGREGATES, INC. Rock-New fire building 332.09 3218 BLUMBERG PHOTO SOUND Take up reels-Fire dept. 19.50 3219 DONNA CORBETT Refund on cross country ski class 14.50 3220 CASH REGISTER SALES, INC. Equipment repairs-Liquor store 8.80 3221 CASH AND CARRY Supplies-Water dept. 141.95 3222 CUTLER-MAGNER CO. Quicklime-dater dept. 1,317.86 3223 CURTIN MATHESON SCIENTIFIC Supplies-Water dept. • 145.69 3224 CARGILL SALT DIVISION Salt-Street Maint. 572.78 3225 CLUTCH & U-JOINT Equipment parts 340.18 3226 CHANHASSEN LAWN & SPORTS Supplies-Tree disease dept. 83.83 3227 CROWN RUBBER STAMP CO. Desk plates-Public Safety 17.43 3228 CHAPIN PUBLISHING CO. Bid ads 169.20 3229 COPY EQUIPMENT, INC. Table-Engineering dept. 1,004.28 3230 GORDON DAHL Ski trip chaperone-Community services 12.00 3231 DISPLAY FIXTURES Wire dividers-Liquor store 164.20 3232 WARD DAHLBERG Expenses 42.92 3233 DORHOLT PRINTING Services and supplies 661.70 3234 DALCO Cleaning supplies-Fire dept. 101.44 3235 EDEN PRAIRIE LIONESS Brochure mailing services-Community services dept. 15.00 • 3236 ENABLERS, INC. Subscription-Public Safety 5.00 3237 EDEN PRAIRIE NEWS Legal ads 576.10 3238 EDEN PRAIRIE FIRE DEFT. Reimbursement for supplies$706; reimbursement for school $40 746.41 3239 ELECTRIC SERVICE CO. Maintenance on Civil Defense sirens 740,00 • 3240 EDEN PRAIRIE SANITATION January services-City Hall 22.50 3241 FIRE INSTRUCTORS ASSN. Supplies-Fire dept. 54.40 3242 C. 0. FIELD COMPANY Contract-New fire station-Ap. 'No. 8 8,625,60 3T1 / • February 20, 1979 • 02-16-79 3243 FORESTRY SUPPLIERS, INC. Equipment-Tree Disease dept. 94.13 3244 FEED-RITE CONTROLS Sulfate-Water dept. 1,121.00 3245 GROUP HEALTH PLAN, INC. . February insurance 815.55 3246 SHARON GAGNON Ski trip chaperone-Community Services 12.00 3247 TIM GAGNON " 12.00 3248 GRENDAHL MECHANICAL, INC. Contract-Final on City Hall addition 3,262.50 3249 GENERAL COMMUNICATIONS Radio repair-Fire dept. 13.70 3250 GUNNAR ELECTRIC CO. Repairs-Well house #1 337.08 3251 GRANT BATTERY SALES Equipment parts • 181.70 3252 GROSS INDUSTRIAL SERVICES Towels-Liquor store 8.12 3253 BILL HORNIG Mileage-Engineering dept. 19.98 3254 JACK HACKING Expenses 56.59 3255 HARMON GLASS Windshield 75.10 3256 HOPKINS PLBG. & HTG. Repairs-Water dept. 38.10 3257 HDPKINS PARTS CO. Equipment parts 104.16 3258 HOPKINS DODGE SALES Equipment parts and repairs 79.29 3259 IMPERIAL, INC. Equipment parts 42.64 3260 INTERNATIONAL BUSINESS MACHINES Two typewriters-Building dept. and Public Safety 1,449.00 3261 INSTRUMENTATION SERVICES Radar repair-Public Safety 177.00 3262 ITASCA EQUIPMENT CO. Equipment parts 10.36 3263 ELIZABETH JOHNSON January services 436.73 3264 CARL JULLIE January expenses 108.50 3265 JAMES JENSEN Mileage-Park Planning dept. 3.60 3266 JUSTUS LUMBER Material-Liquor stare 18... 3267 KOKESH Cones-Community services dept. 74.83 3268 KLEVE HEATING Repair to heater in Water plant 80.20 3269 K. C. AUTO BODY Equipment repair 66.23 3270 KARULF HARDWARE Supplies 368.01 3271 KARULF HARDWARE Supplies-Fire dept. account 62.71 3272 KRAEMER'S HARDWARE Supplies-Fire dept. acco:lot 19.73 3273 KRAEMER'S HARDWARE Supplies 270.62 3274 ROBERT LAMBERT January expenses 105.60 3275 M. E. LANE, INC. Insurance 19,120.00 3276 LANO IMPLEMENT Equipment parts-Park Maint. 61.79 3277 LEAGUE OF MINNESOTA CITIES Spec book-Engineering dept. 2.83 3278 LAYNE MINNESOTA CO. Belts-Water dept. 290.02 3279 LUND PAINT Supplies-City Hall 151.17 3280 LEEF BROTHERS Services 126.35 3281 MAC QUEEN EQUIPMENT Truck-Park Maint dept. 26,900.00 3282 MATT'S AUTO SERVICE Towing service 20.00 3283 METROPOLITAN WASTE CONTROL COMMISSION March sewer service charges 18,094.55 3284 TERRY MCKILLIP Firemanship training course 36.00 3285 RDBERT MARTZ February expenses 110.85 3286 MINNESOTA DAILY Ad-Community Services dept. 13.50 3287 METRO FANE COMMUNICATIONS Radio 35.40 3288 MAYVIEW RADIO Truck radio repairs 66.90 32B9 MUNICIPAL AND PRIVATE SERVICES (Animal Patrol) January services 684.50 3290 MEDCENTER HEALTH PLAN February insurance 1,003.20 3291 MINNESOTA ASSOCIATION OF PLUMBING & HEATING Code book-Building dept. • 6.92 5l1 • February 20, 1979 • ' • 02-16-79 3292 MINNESOTA STATE FIRE CHIEFS 4Q.flQ ASSN. Dues-Fire dept. 3293 MINNESOTA STATE FIRE 45.00 DEPT. ASSN. Dues-Fire dept. 15.00 3294 MEDICAL OXYGEN Oxygen-Fire dept. • 3295 MODERN TIRE CO. Tires and repairs 126.29 3296 R. E. MOONEY & ASSOC., INC. Supplies-Water plant • 71.40 3297 MEDINA ELECTRIC, INC. Install vaporproof fixture at Fire dept. $141; Wire air compressor at City garage $225 366.60 3298 W. P. & R. S. MARS CO. Tools-City garage 54.77 3299 MID-CENTRAL FIRE & SAFETY Hydrant gate valves-Fire bond fund 1,275.06 3300 BEN MEADOWS COMPANY Power puller and supplies-Tree Disease 130.81 3301 METRO PRINTING, INC. Service 724.50 3302 MINNEGASCO Service 2,612.40 3303 NATIONAL TECHNICAL INFORMATION SERVICE Book-Community Services dept. 28.00 3304 NORTHERN AUTOMOTIVE CO. Equipment repairs 12.50 3305 NORTHERN STATES POWER Service 2,617.42 3306 NORTHWESTERN BELL Service 1,507.33 3307 MARIE PEPPER Skating instructions 330.00 3308 PHYSICIANS HEALTH PLAN February insurance 4,802.65 • 3309 PETTY CASH Reimbursement of postage fund 1 5.00 3310 PEPSI-COLA COMPANY Pop for machine 3311 PHYCHOLOGICAL CORPORATION Personal test sheets-Public Safety 23.7365 7 3312 RAID COPY, INC. Liquor ID card s 3 Safety dept. 3 3313 RADIO SHACK Supplies-Public . 3314 RIEKE-CARROLL-MULLER ASSOC. Services-Swr-Wtr trunk Round Lake area; St&Wtr Country Vista; Homeward Hills Road Imp; Cross-town Ind. park; Super Value Swr; Eden View I; and Well pumphouse #3 5,700.04 3315 ROOT-O-MATIC Services-Sewer dept. 146.00 3316 RENTAL EQUIPMENT & SALES Saw chain-Tree Disease dept. 157.00 3317 SEARS ROEBUCK Fixtures-City Hall 3318 SUBURBAN ENGINEERING Service-East-West Amco Road Wtr Main 2,443.80 3319 STATE OF MINNESOTA Services-TH169-494 2,124.86 3320 SUN NEWSPAPERS Employment ad-Community Services 15.40 3321 STATE OF MINNESOTA one set statutes-Public Safety 175.00 3322 BARBARA SNYDER Refund on cross country ski class 14.50 3323 JACK SCHULTZ Refund variance fee 3324 G. STROM Grading on fire station 730.00 3325 W. GORDON SMITH CO. Equipment fuel 30.6562.80 3326 SUBURBAN AUTO ELECTRIC Equipment parts 3327 SCIENTIFIC PRODUCTS Sulfuric acid-Water dept. 61.22 3328 SYNER GRAPHICS Microfeisch viewer-Assessing dept. 207.00 3329 SYSTEMS 3, INC. Equipment repair-Public Safety 60.25 3330 W. E. NEAL SLATE CO. Supplies-Fire dept. 3331 SATELLITE INDUSTRIES, INC. Portable restrooms-Park dept. �.95 3332 TOWN'S EDGE FORD Equipment parts 3333 UNIFORMS UNLIMITED, INC. Uniforms-Fire dept. and Public Safety 4,266.33 3334 VALLEY EQUIPMENT CO. John Deere tractor-Street Maint. 15,070.217021 3335 VAN WATERS & ROGERS Chlorine-Water dept. 3336 WESTERN LIFE INSURANCE February insurance 03.60 519 • • •• • • • February 20, 1979 • 02-16-79 3337 RICHARD WERPY Services-Public Safety dept. 100.00 3338 SANDRA WERTS January mirage-Comnunity services 41.58 3339 ZIEGLER, INC. 'Equipment parts 3340 ZIP-PENN, INC. Supplies-Tree Disease dept. 58.02 3341 WATER PRODUCTS CO. Meters and supplies-Water dept. 34490.30 3342 XEROX CORPORATION Services and supplies *11��42.39 3343 BROWN A CRIS CONSTRUCTION Contract-Homeward i Hills Read Imp. , 1516 3344 COMPUTER ELECTION YSILM� 4 Supplies . • 9.37 3345 STATE OF MiNNESOTA Lease-Water dept 3346 EDEN PRAIRIE SCHOOL Janitor serviCewCity Hall' 687.0 T . 3347 DORSEY, WIN0HORS'T, . HANNAFORO, RH/TENEY AND HALLADAY Legal services*B6nd issue • 2450041D 3348 HENNEPIN.COUNTY FIRE CHIEFS ASSN. • `Dues-Fire dept. ...TOAD DO 3349 ROBERT LAMBERT February es ses 3350 CEDAR CROSS, INC- Ga enartedp 11C safer dept.• ,D41 • 3351 AUDIO ELECTRONICS, INC. Intert0M.PUbll:C Safety dept, 2 • 'TOTAL 4 ,t11 • • ..._f • • • . •