HomeMy WebLinkAboutCity Council - 04/06/1979 Enl:it PEtARIF „OUNCCIL
TUESDAY, APRIL 6, 1976 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Sidney
Pauly, Joan Meyers and Tim Pierce
COUNCIL STAFF: City Manager Roger Ulstad; City Attorney
Harlan Ferbbc; Planner Dick Putnam; Finance
Director John Frane; Director of Community
Services Marty lessen; Engineer Carl Jullie;
Joyce Provo, Recording Secretary
INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS.
II. MINUTES OF THE REGU1 R COUNCIL MEETING HELD TUESDAY. MARCH Page 2119
23, 1976.
III. PUBLIC HEARING
A. Proposed street improvements on Sr'1poi Road and Eden Court, Page 2128
I.C. 51-286. (Resolution No. 1112)
IV. RESOIUTIONS &ORDINANCES
A. 2nd Readina of Ordinance No. 313,granting Carnes/Tangen rezoning Page 2132
from Rural to 2..1-22 for 3 lets and Carnes/Tangen land division,
p_reliminary plat and Perri=,terad Land Survey apEoval (Resolution No,
1118).
B. 2nd Reading of Ordinance No. 299, rnsden Hills AdditionLand Page 2135
Resolution No. 1117 erantinr7 final plat approval..
C.Resolution No. 1108 stating guidelines for City financing of Page 2141
improvements to serve undeveloped property.
D.Resolution No. 1111 approving Department of Public Safety Radio Page 2143
Service with Hennepin County for Year 1976.
V. REPORTS OF OFFICERS, IDAP,DS & COMMISSIONS
A. Reports of Council M•-rnbers.
B. Report of Planning Director
1. Guide Plan Updatr Planning Commission's recommendations Page 2144
on update process. •
Council agenda - 2 - Tuesday, April 6, 1976
C.Report of Director of Community Services i
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1. The Tree Disease Program for 1976. (Resolution No. 1110) Page 2154
D.Report of City Engineer
1. Consider bids received on April 2, 1976, for utility and street
improvements serving Areas F and G of The Preserve's
Commercial Plan and adjacent areas, I.C. 51-274. (Res.No.1113)
2. Receive petition for bituminous seal coating on Staring Lane and Page 2157
Ridgs Road and set public hearing date for May 4, 1976, I.C.
51-287. (Resolution No. 1115)
3. Receive petition for sewer and water improvements on Industrial Page 2162
Drive, south of Co.Rd. 67 and order preparation of a feasibility
report, I.C. 51-288. (Resolution No. 1114)
4. Receive petition from Pemtom, Inc., for utility and street Page 2165
improvements for the Mitchell Lake PUD and order preparation
of a feasibility report, I.C. 51-289. (Resolution No. 1116)
5. Prairie East 2nd Addition, preliminary and final plat approval. Page 2167
(Resolution No. 1119)
6. Resolution approving plans, specifications and special provisions Page 2170
submitted by Hennepin County for bridge construction at Valley
View Road and County Road 18. (Resolution No. 1120)
7. Resolution requested by Hennepin County allowing the public sale Page 2171
of tax forfeited property. (Resolution No. 1121)
E. Report of City Attorney
1. Recommendation from City Attorney on amending ordinance pertaining Page 2173
to bonding of building contractors. (Ordinance No. 324)
2. Hidden Ponds 2nd Addition (continued from 3/23/76 Council meeting).
F. Report of City Manager
1. Consideration of Ordinance increasina Council and Mayor's Page 2174
salaries. (continued from 3/23/76 Council Meeting) (Ord.No.325)
G.Report of Finance Director
1. Clerk's License List. Page 2175
VI. NEW BUSINESS
VII. ADJOURNMENT.
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Resolution No. 1111
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A RESOLUTION APPROVING DEPARTMENT OF PUBLIC
SAFETY RADIO SERVICE WITH HENNEPIN COUNTY
FOR YEAR 1976, AUTHORIZING MAYOR AND MANAGER
TO SIGN AGREEMENT AND PARTICIPATION IN MOBIL
TELEPRINTER PROGRAM
BE IT RESOLVED by the City Council of the City of Eden Prairie,
Minnesota that the Mayor and City Manager are authorized to sign an
agreement with Hennepin County for radio service for the year 1976.
ADOPTED by the City Council on April 6, 1976.
Wolfgang H. Fenzel, Mayor
SEAL
ATTEST:
John D. Frane, Clerk
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2;q
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1108
A RESOLUTION STATING GUIDELINES FOR CITY FINANCING
OF IMPROVEMENTS TO SERVE UNDEVELOPED PROPERTY
WHEREAS, the City of Eden Prairie desires to promote development within
its boundaries; and
WHEREAS, the City has limited resources to promote development; now,
•
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,
the City will, to the extent possible, participate in the financing of lateral
type improvements which abut existing systems in order to provide service to
residential projects.
Such system extensions will be approved only after the builders demonstrate,
to the City's satisfaction, their project is viable and will be completed within
the time frame indicated.
In order to finance such improvements,the City will sell short term (6 year)
bonds.
Builders will be required to pay to the City up to 1.25 times the estimated
or assessed cost of the improvements as assessed to the individual parcels at
the time of building permit.
The assessment term will be no longer than 6 years.
Guarantees of the assessment may be required by someone other than the
Builders when the size or character of the project warrants.
Construction will be phased whenever possible.
Requests, other than for residential purposes, will be reviewed on an
individual basis with priority given to projects of a community service character
or which will provide employment for large numbers of people.
Wolfgang H. Penzel, Mayor
•
ATTEST: SEAL
John D. Frane, Clerk
2141
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MEMO •
TO: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: April 1, 1976
SUBJECT: Proposed 1976 Projects Which Will Require Bonding
51-266 T.H. 169 Improvements- $166,000
Additional R/W,concrete curb
& gutter & utility stubs
51-270 Scenic Hts. Road Improvement 120,000
51-274 Areas F & G of The Preserve 570,000
51-282 Preserve Blvd. 160,000
51-283 Hookup for New Test. Church 20,000
51-284 Sewer Project - Minn. Protec- 100,000
tive Life
51-285 Red Rock Hills 2nd 140,000
51-286 Paving on School Road and 54,000
Eden Court
51-287 Seal coating on Starring Lane 10,000
& Ridge Road
51-288 Sewer & water on Industrial Dr. 140,000
51-899 Mitchell Lake PUD (Phase I) 750,000
Paving on Birch Isl. Road. 15,000
R/W acquisition on Schooner 175,000
Blvd. if F.A.U. funds are
available
A Street paving - Westgate East 100,000
q Addition
� n Total 2,520,000�
21VIw
EHLERS AND ASSOCIATES, INC.
FINANCIAL CONSULTANTS
FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS,MINNESOTA 55402 339-8291 (AREA CODE 5181
April 2, 1976
Mr. Roger Ulstad •
City Manager
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Re: Issuance of $3,000,000 G.O. Improvement Bonds
Dear Mr. Ulstad:
With reference to Robert Ehlers' letter to the City Council of
4-1-76, we are of the opinion the City could issue from 21/2 to 31
million dollars of G.O. Improvement bonds. The details of the
bond offering would be tempered by the pending assessment study
and the bond market at time of setting the sate.
We have been in contact with Dr. Jackson Phillips of Moody's
Investors Service about visiting Eden Prairie for a tour of the
City. He is to be in Duluth June 10th for the League of Munici-
palities Convention and we are confident we can arrange a visit
at that time.
Sincerely,
EHLERS AND ASSOCIATES, INC.
e/
Philip '. Chenoweth
PEC:ce
Attach.
.T^ 1
2ta2A
EIILERS AND ASSOCIATES, INC.
. FINANCIAL CONSULTANTS
FIRST NATIONAL-BOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS,MINNESOTA 65402 338-8291(AREA CODE 6121
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April 1, 1976
Rrl 'tilin,/ r,
The City Council (i1,:a1„i+U'oi
Eden Prairie, Minnesota
Re: Bond issues; fiscal capacity
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The City Administrator has requested we examine the City's capacity to -
issue additional bonds to construct further improvements necessary for
the City's continued development. This study parallels a similar study
for the school district and its financing projections. Upon completion
the two studies will be summarized to present a total picture.
In our opinion, the City could undertake additional local improvement
financing in the magnitude of $2.5 to $3.5 million annually as needed
to provide sewer,water and storm sewer laterals into various areas as
they become firmly scheduled for development. For the most part, this
financing of local improvements should be for relatively short terms -
6 to 7 years - in aid of development. This conclusion is based on the
following report.
Valuations, tax base; present II
Notwithstanding preemption of 40% of new commercial and industrial.(CI)
tax base since 1971, the City has a good tax base including a substan-
tial CI base prior to significant residential growth. This is a signifi-
cant plus in the City's early development, though the fiscal disparities
law will continue to erode the CI base per capita as population growth
occurs.
We do not believe that, for future CI tax base growth projections, the
City can be guided by what has happened in the last two or three years.
It cannot be assumed that additional large shopping centers or office
buildings will be built in the future. Therefore, we will use an assump-
tion that new CI construction will amount to $3 million annually.
However, for 1976/77 and 1977/78 tax levy/collection years, we are adding
additional value to reflect completion of major projects now underway.
After consulting with city sources, we see the City's tax base through
1978 as follows:
T
The City Council April 1, 1976
Eden Prairie, Minnesota Page 2
Assessed Value
1974/75 after fiscal disparities (AFD) $52,602,978
1975/76 (AFD) 64,115,325
1976/77 projected (AFD) 73,000,0001)
1977/78 projected (AID) 77,000,0001)
1)The 1976/77 assessed value is after an estimated $8.7 million net fiscal
disparities contribution. The 1977/78 growth of $4 million to $77 million
is estimated. In the computer runs we start with the projected $73 million
for 1976/77 and increase the tax base $5 million per year. The above pro-
jections and estimates were furnished by Robert Martz, City Assessor.
Assessed value, future annual growth, projected
After discussion with staff, developers and planners and after review of
school district projections, we believe it reasonably conservative to
assume that by the year 1990 the City's population will grow from 9100 to
32,800, an increase of 23,700. (The same population estimates are used for
both the City and the School District even though their boundaries do not
exactly coincide.)
Assuming 3.6 persons per dwelling unit, average,1) (possibly on the high
side) this would mean 6,5$0 new dwelling units in 15 years or 438 new
dwelling units annumlly.2) Assuming that the dwelling unit mix will be
40% apartments with a unit cost of $18,750, 40% will be single family at
$45,000 each, and 20% will be townhouses at $40,000 each (excluding land
costs), and assuming $3 million non residential commercial and industrial
construction annually, we arrive at the following assessed value projec-
tions:
1)The school district planner states that occupancy will average about 2.2
persons per apartment, 3.8 persons per single family home, and 3.5 persons
per townhouse. This would average out at 3.1 persons per unit. Dividing
into the estimated population growth would produce 7,645 new units or
510 new dwelling units per year.
2)The computer model shows a straight line projection. It might be that
actual growth might occur in some geometric pattern with compound growth
rates. This would mean that in the early years, growth would be at a
lower rate than shown. However, because of other elements leaning to the
side of conservatism, a straight line projection is probably as valid as
any other.
2 I d,2 C
The City Council April 1, 1976
Eden Prairie, Minnesota Page 3
175 apartment units @ $18,750 $3,281,250
Times sales ratio .842
$2,762,812
Times assessment ratio .40
Assessed value $1,105,125
175 single family units @ $45,000
Times sales ratio .842
$37,890
Homestead1) -13,000 x .25 x 175 $ 568,750
$24,890 x .40 x 175 1,742,300
88 townhouses @ $40,000
Times sales ratio .842
$33,680
Homestead1) -13,000 x .25 x 88 $ 286,000
Non-homestead $20,680 x .40 x 88 727,936
Industrial & commercial $3,000,000
Times sales ratio .842
$2,526,000
Times 43% .43
$1,086,180
Less 40% (fiscal disp.) - 443,472 642,708
Annual net assessed value growth $5,027,819
Call it $5,000,0002)
1)M.S. 273.122 provides for indexing the homestead value (assessed at 25%
vs. 40%, now $12,000). For each 31 points increase in the index of state-
wide average market value of homestead property, the homestead value is to
increase $500 after 1975.
2)The 1977/78 preliminary estimated valuation increase is $4,000,000 but,
for computer planning purposes, we will assume that, after the 1976/77 tax
year, assessed values will increase by an average of $5,000,000 annually.
Following is a table showing the City's payment schedule for existing debt.
Most of the debt (except for about $750,000) is primarily payable from
special assessments, utility connection charges and net user charges. While
all the bonds are backed by.the City's full faith,credit and taxing powers,
it is anticipated that little if any taxes will be required for their pay-
ment.
z102
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The City Council April 1, 1976
Eden Prairie, Minnesota Page 4
Proposed debt
Practically all the trunk sewer and water mains needed during the develop-
ment period (to 1990) are in, assuming the given rate of development. And
many of the laterals have been installed in already developed portions of
the City. The major financing problem now is the construction of laterals,
streets, curbs and gutters in new areas as they come up for development.
In some communities the policy has been to squire developers to install
these facilities using their own funds, without the issuance of city bonds.
While this policy often has a good deal of merit in that it reduces the
City's risk and bonding requirements, it sometimes inhibits developers in
periods of limited and costly credit. That is, if a developer's credit
line is limited (as it usually is) and if he is required to use that credit
to construct utilities, streets, etc., he has less available resources to
carry out other types of development which might add population and tax
base.
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Some communities assist themselves and developers by providing short-term
financing to construct local improvements required for immediate and
reasonably assured development, specially assessing the cost against the
benefitted properties. These assessments can be levied for fairly short
periods, say three to Five years, with interest 1% cr so higher than the
City pays on its bonds.
As the developer sells off,parcels are built upon and sold, the assess-
ments are prepaid and placed in the bond redemption fund to retire the
bonds. Usually this is a natural result flowing from the homebuyer's
lender, requiring clear title with no prior liens. However, this result
(early prepayments) can be further assured through supplemental agree-
ments requiring full payment of special assessments against each lot when
a building permit is obtained or at the time of sale. In one community
with which we are familiar, the developer is required to pay 125% of each'
parcel's assessment with the extra 25% payment applied to assessments on
unsold lots. Thus, when a project is 80% complete, all the assessments in
that project will have been paid.
Thus, if a developer anticipates 80% sales within three years (probably
shorter), the entire amount of the assessments will have accrued in the bond
fund. If, anticipating a "Fiurphy Factor", we set the bond issue to be re-
tired in seven years, the City could then temporarily borrow from the fund
(for a period not to exceed 3 years) to finance another round of improve-
ments. The assessments from this next project should then be on hand to
retire the remaining bonds of the issue (less any annual principal payments
in interim).
Such a program will reduce the frequency and the amounts of bonds required
to be offered on the market, and could be a catalyst by which developers
2142E
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The City Council April 1, 1976
Eden Prairie, Minnesota Page 5
could lever their available funds and credit into more substantial develop-
ment.
This mode of financing will require some care and assurances in order to
reduce the City's risk. One possibility might be to require corporate
guarantees or surety bonds guaranteeing payment of the special assess-
ments. However, the premium required for such lands will be substantial and •
must be reflected in the cost of construction which might inhibit sales. A
corporate guarantee would be only as good as the corporation, and such a
guarantee probably would have to be shown in the corporate financial state-
ment. Conceivably, this could impair the corporation's ability to borrow
funds.
As a minimum, when a developer comes in with an improvement petition, he
should satisfy the City that marketing studies have been made, that there
is a demonstrated demand for the type of buildings proposed, and that same
lending agency has made or will make a commitment to provide long-term loan
funds to qualified buyers.
This might still leave some risk in that, despite all reasonable assurances,
a development might not sell and some assessments may not be paid. It is
important that developments financed in this way tend to follow one another
rather than have a number financed at the same time. It would not be too
serious if one development failed, but it could be very serious if several
fail.
FDELEARY DRAFT
Z!V Lf
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 23, 1976 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel
Billy Bye
Joan Meyers
Tim Pierce
Sidney Pauly
COUNCIL STAFF PRESENT:
City Manager Roger Ulstad
City Attorney Harlan Perbix
City Engineer Carl Jullie
Director of Community Services Marty lessen
Planning Director Dick Putnam
Recording Secretary Joyce Provo
INVOCATION -Tim Pierce, Councilman
ROLL CALL: Penzel, Meyers, Pauly and Pierce present; Bye absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the Council agenda:
A. Consideration of increases for Council and Mayor salaries.
B. Proclamation of"Town Meeting" Day for May 1, 1976.
C.Presentation of the contribution by the Jaycees to the Civil Defense
Siren Fund.
MOTION: Meyers moved, seconded by Pauly, to approve the agenda with the
inclusion of the three afore mentioned items - Item C to take place at the
beginning of the meeting,and A and B to be included under the New Business
Category. Motion carried unanimously.
PRESENTATION OF THE CONTRIBUTION BY THE JAYCEES TO THE CIVIL
DEFENSE SIREN FUND
Larry Pfaff presented a check
,000.00
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Eden Prairie Jaycees to May in 2
Mayor Penzel to be usedfor Civi oDefensef of the
Siren Fund.
II. MINUTES
A. Minutes of the Regular Council Meeting held Thursday, March 4, 1976.
Pg. 2, 1st and 2nd lines at top of page, strike "we will receive fill from
the Winslow" and insert "fill would be provided from the Windslope".
" " 2nd para., line 4, strike "these houses" and insert "each house".
" 4th para., third line, after "points" strike "on".
211`)
Council Minutes - 2 - Tuesday, March 23, 1976
A. Minutes of the Regular Council Meeting held Thursday, March 4, 1976 (Cont'd.)
Pg. 2, 5th para., 1st line, strike "some of the people" and Insert "the
audience".
Pg. 2, 7th para., at the end of the 1st line add "social" and in the 2nd
line strike "socially".
Pg. 3, para. 13, 4th para., after "1976" add "and establish a select
committee consisting of house parents and residents".
Pg. 4, last para., strike "Preserve" and insert "Edenvale".
Pg. 5, 1st para., 10th line, strike "Meyers" and insert "Pauly".
Pg. 6, strike third para. in its entirety and insert the following:
"MOTION: Meyers moved, seconded by Pauly, to close the
public hearing and adopt the first reading of Ordinance No. 320,
rezoning to Planned Study the northeast quadrant and commercial
parcel 17-9 on the southwest quadrant, the north half of
parcel 17-8, and the remaining parcels on the southwest
quadrant. Motion carried unanimously."
Pg. 7, third para., 3rd line after "additions" strike the remainder of the
motion and insert "safety measures required for ponding area
shown on the plat, and signing installed at turn-around shown on
plat denoting temporary status. Motion carried unanimously."
MOTION: Meyers moved, seconded by Pierce,to approve the minutes
of the March 4, 1976 Council meeting as published and corrected. Motion carried
unanimously.
B. Minutes of the Regular Council Meeting held Tuesday, March 9, 1976.
Pg. 4, last two lines of page, strike the last sentence in its entirety and
insert "Brauer added that the study proposes private use of the
transistion zone."
Pg. 8, 3rd para., 6th line, strike "quota" and insert "share".
MOTION: Pierce moved, seconded by Meyers, to approve the minutes of
the March 9, 1976 Council meeting as published and corrected. Pierce, Meyers
and Penzel voted "aye", Pauly "abstained". Motion carried.
C.Minutes of the Joint Council/Planning Commission Meeting held Monday,
March 15, 1976.
Pg. 2, pars. 9, line 8, after "of" insert "State Funding through"
MOTION: Meyers moved, seconded by Pierce, to approve the minutes of
the March i5, 1976 Joint Council/Planning Commission Meeting as published
and corrected. Motion carried unanimously.20 0
Council Minutes - 3 - Tuesday, March 23, 197b
III.PUBLIC HEARING
A. Minnesota Protective Life Insurance request for PUD concept and
development stage approval and rezoning from Rural to Office District.
The 5.42 acre site is located north of Leona Road and east of TH 169
in the MCA.
Mayor Penzel outlined the procedures for Public Hearings.
The following members of Hustad-Pontinen Architects were present, making
themselves available for questions by both Council members and opponents
of the Minnesota Protective Life Insurance proposal: Don Hustad, Ronald
Pontinenand Richard Toskey.
Herb Baldwin, Landscape Architect, showed slides illustrating
location/zoning, site determinants, site structure, and site/landscaping
plan of the proposed project.
City Planner Putnam outlined the Planning Commission's concerns and
recommendations shown in their March 4, 1976 Staff Report and the
February 23 and March 22 Planning Commission minutes.
City Attorney Perbix felt it would not be desirable for the Council to
adopt Recommendation A in Motion 2 adopted by the Planning Commission
at their meeting held March 22, 1976. Mr. Perbix felt this should be a Council
responsibility.
Mayor Penzel questioned Mr. Hustad as to what would happen if a bank user
could not be found. Mr. Hustad responded that it would become office space.
Stan Koehler, 11518 Leona Road, stated Ms major concern was privacy of his
home from the building and would like to know the definition of proper screening.
He further stated that other problems would be signage and drainage. Mr. Hustad
responded that they would be willing to work with the neighbors on screening
and basically are proposing a fence of redwood which could be made very
attractive. The height would be a decision to be made by Minnesota Protective
Life and the homeowners. Mr. Hustad further expressed his opinion that
signalization is a community problem of which Minnesota Protective Life is a
part, but does not feel they should be solely responsible.
Dick Lynch,11426 Leona Road, expressed two of Ms concerns were (1) traffic
problems and (2) protection of the integrity of single family homes. Lynch
felt Leona Road would not continue on forever, but does feel the City should
protect the people who have lived there for a long time. He sees.nothing
wrong with the proposal, however feels that Minnesota Protective Life is
treating the neighbors shabbily.
John Bergan, 8705 Bentwood Drive in The Preserve, noted that if he were a
homeowner on Leona Road he would be concerned too. Agreed with points brought
up by Lynch and Koehler.
2121
Council Minutes -4 - Tuesday, March 23, 1976
A. Minnesota Protective Life Insurance Public Hearing (continued)
Jim Brown, speaking on behalf of the Presbyterian Church, noted that the
property on Leona Road has always been zoned commercial and has never
been changed. The buildings Minnesota Protective Life are proposing to
tear down are deteriorating and feels the proposed usage would be a good
one. Mr. Brown further stated that a signal should be strongly
considered by the Council.
Liz Retterath, 9011 High Point Circle, The Preserve, felt much thought
has been given to the property on#494, but no thought has been given
to screening around the property owners.
Mayor Penzel questioned if Minnesota Protective Life would be willing
to come back to the Council after working with the people on proper
screening. Mr. Hustad answered in the affirmative.
City Engineer Jullie responded to Councilwoman's Meyers request outlining
the present signalization plans for#169.
MOTION: Meyers moved, seconded by Pierce, to close the Public Hearing
and adopt Resolution No. 1105 granting approval of the PUD Concept Plan for
the Minnesota Protective Life Insurance Company office and commercial
development of a 1st phase development of 73,000 gross floor area, potential
2nd phase of 100,000 gross floor area, with the 2nd phase expansion requiring
purchase of additional acreage for a multi-level parking facility based
on the revised concept plan dated March 4, 1976. Concept plan to also
include the pedestrian trail, screening, revised lighting, revised entrance,
and that any 2nd phase expansion must be resubmitted to the Planning
Commission and City Council prior to any building permits being issued.
Motion carried unanimously.
MOTION: Meyers moved, seconded by Pauly, to give a 1st reading to Ordinance
No. 315 rezoning the Minnesota Protective Life 5.9 acres, plus or minus, site
from the existing zoning to Office District, direct the City Attorney to draw up
a rezoning agreement based on the conditions of the March 4, 1976 Staff Report,
the proponent meet with the existing single family residents and submit a
a plan on buffering, screening and landscaping before the occupancy permits
are granted, a comprehensive signage plan be submitted to tan Planning Commission
for approval, the proponent agree to lighting restrictions to reduce the time and
intensity of lights in the parking lots adjacent to the single family residents,
and that the proponent commit to a cost sharing plan to be recommended by the
City Engineering staff on any future signalization of Leona Road and#169. Roll
Call Vote: Meyers, Pauly, Pierce and Penzel voted "aye". Motion carried
unanimously.
Mayor Peazel requested the City Staff report back to the Council on
signalization for Leona Road and #169.
2it2-
Council Minutes - 5 - Tuesday, March 23, 197b
IV.PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from the Eden Prairie-Hopkins-Minnetonka League of Women Voters
for a contribution to be used for the League sponsored "Town Meeting"
Rosemary Dysinger, member of the Eden Prairie-Hopkins-Minnetonka League
of Women Voters and a resident of Eden Prairie, appeared before the
Council requesting a contribution of $300.00 from the City of Eden Prairie
to be used for the League sponsored "Town Meeting" to be held
May 1, 1976. Also present representing the League were Bette Anderson,
Eden Prairie, and Charlotte Dietz, Minnetonka.
General discussion took place regarding this matter, i.e., does not
seem equitable that Eden Prairie, being the smallest community population-
wise,should have to contribute the same as a larger populated community
(Minnetonka), and a suggestion that the League check with members
of the Chamber of Commerce and other organizations - this does not mean
the organizations themselves, but individual members.
It was the consensus of the Council that the League check other sources
of contributions and feel free to come back to the Council in a month's
time if they are still in need of additional funds.
V.ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 313, granting Carnes/Tangen rezoning from
Rural to R1-22 for 3 lots.
City Attorney Perbix explained that the Developer's Agreement has not been
completed.
MOTION: Meyers moved, seconded by Pierce, to continue the 2nd Reading
of Ordinance No. 313 to April 6, 1976. Motion carried unanimously.
B. 2nd Reading of Ordinance No. 314, granting Maple Leaf Acres rezoning
from Rural to RM 6.5 and R1-13.5.
City Attorney Perbix stated that the Developer's Agreement has been
completed and City Engineer Jullie outlined same to Council members.
MOTION: Pauly moved, seconded by Pierce, to approve the 2nd Reading
of Ordinance No. 314, granting Maple Leaf Acres rezoning from Rural
to RM 6.5 and R1-13.5. Motion carried unanimously.
123
Council Minutes - 6 - Tuesday, March 23, 1976
VI.REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports by Council Members
Councilwoman Pauly reported on the Planning Commission meeting
held Monday, March 22, 1976.
Councilwoman Meyers reported on the Board of Appeals &Adjustments
meeting held Thursday, March 18, 1976.
B. Report of City Engineer •
1. Receive feasibility report for street improvements on School Road and
Eden Court, Project STR 75-3-18.
City Engineer Jullie spoke to Resolution No.1107.
MOTION: Meyers moved, seconded by Pierce, to adopt Resolution
No. 1107 receiving report and calling for a Public Hearing on
Project STR 75-3-18 for April 6, 1976, and ordering preparation of
plans and specifications. Motion carried unanimously.
Mayor Penzel noted that the time had reached 11:00 PM, the adjournment
time for Council meetings unless waived by unanimous consent of the
Council.
MOTION: Pauly moved, seconded by Pierce, to continue on with the
Council meeting past 11:00 PM. Motion carried unanimously.
2. Agreement for 1976 engineering services with RCM Associates.
MOTION: Pauly moved, seconded by Meyers, to approve the 1976
agreement for engineering services with RCM Associates. Motion
carried unanimously.
3. Change Order No. 3, I.C. 51-263, northeast area Trunk Watermain Project,
G.L. Contracting, Inc.
MOTION: Meyers moved, seconded by Pierce, to approve Change
Order No. 3 in the amount of$345.00 to G. L. Contracting, Inc.,
on Improvement Contract 51-263. Roll Call Vote: Meyers, Pierce,
Pauly and Penzel voted "aye". Motion carried unanimously.
C. Report of Director of Community Services
1. Resolution No. 1106 expressing support for legislation to fund Regional
Parks.
Marty Jessen, Director of Community Services, spoke to Resolution No.
1106 and recommended approval by the Council.
21:"1
Council Minutes - 7 - Tuesday, March 23, 1976
1. Resolution No. 1106 expressing support for legislation to fund
Regional Parks. (continued)
MOTION: Meyers moved, seconded by Pauly, to adopt Resolution
No. 1106 expressing support for legislation to fund regional parks
and direct copies to appropriate committee members of both the
House and Senate. Motion carried unanimously.
2. County Road 4 Bikeway/Hikeway-- Discussion of Design Development.
Marty Jessen, Director of Community Services, spoke to memo
dated March 19, 1976 regarding proposed trailway along County
Road 4.
MOTION: Meyers moved, seconded by Pauly, to direct the staff
to proceed with detailed design of the Bikeway/Hikeway trail on the
west side of County Road 4 north of the Chicago and Northwestern
Railroad and on the east side of County Road 4 south of the railroad
tracks, and to determine a safe controlled crossing of CountyTtoad
4. Motion carried unanimously.
3. Specifications for a Stake Truck for the Park Department.
Director of Community Services Jessen distributed specifications
on a 1 Ton Stake truck noting that this was a budgeted item for
approximately$8,000.
MOTION: Meyers moved, seconded by Pierce, to authorize the
staff to advertise for bids for a 1 Ton Stake body truck with
bids to be opened on April 22, 1976 and considered by the Council
on April 27, 1976. Motion carried unanimously.
D. Report of Planning Director
1. Discussion on Hennepin County Transportation Plan meeting held
March 4, 1976.
City Planner Putnam stated that Rod Sundstrom, Planning Commission
representative,attended this meeting. Putnam further noted that he
has expressed City Engineer Jullie's concerns along with his own to
Hennepin County staff. This item will be on the next Planning
Commission agenda after which time Mr. Putnam will report back to
the Council.
Council Minutes - 8 - Tuesday, March 23, 1976
E. Report of City Manager
1. Discussion of Suburban Hennepin County Organization
City Manager Ulstad stated that he, per the Council's request, had
checked with other communities regarding a Suburban Hennepin County
Organization. Mr. Ulstad further recommended that the Council wait
and see what other communities are going to do and that he would come
back to the Council in a couple of months with a further recommendation.
City Manager Ulstad also discussed the following items with the Council:
..Edengate application for a 240 unit proposal.
..Recent visit with Bob Ehlers, Ehlers & Associates.
..Flying Cloud Drive-In on T.H. 169 and Co.Rd. #1.
. .Discussion of complaints received from construction builders
regarding bonds. Council directed staff to make a recommendation
on amending the ordinance pertaining to bonding and to bring this
recommendation back to the Council on April 6.
..Brought Council up-to-date on Highway Ramp application.
..Discussed draft letter to go to Congressmen in Washington
regarding Highway Ramp.
..Discussion of letter to Mr. Feeney, Department of HUD.
..Hidden Ponds 2nd Addition - City Planner Putnam asked if it would
be acceptable to the Council to have the staff prepare the necessary
documents conveying portions of Outlot A and B back to the Homeowner's
Association.Council agreed with this request. To be placed on April 6th Agenda.
..2nd Reading of Ordinance No. 317, Condon/Naegeia Realty Company
proposal,to be put on April 27th Agenda.
F. Report of Finance Director
1. Clerk's License List
MOTION: Meyers moved, seconded by Pierce, to approve the Clerk's
License List dated March 23, 1976. Mot ion carried unanimously.
2. Payment of Claims Nos. 8964 - 1059.
MOTION: Pierce moved, seconded by Meyers, to approve Claims
Nos. 8964 - 1059. Pierce, Meyers, Pauly and Penzel voted "aye".
Motion carried unanimously.
VII. NEW BUSINESS
A. Consideration of increases for Council and Mayor salaries.
Pierce requested that this item be placed on the April 6th Agenda. Council
members agreed with this request.
)lL
Council Minutes
- 9 - Tuesday, March 23, 1976
VII. NEW BUSINESS (continued)
B. Proclamation of 'Town Meeting' Day for May 1, 1976.
Mayor Penzel proclaimed May 1, 1976 as the official"Town Meeting"
Day.
VIII.AD?OURNMENT
MOTION: Meyers moved, seconded by Pauly, to adjourn the meeting at 12:10 PM.
Motion carried unanimously.
•
2P2'J
April 6, 1976
• CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1112
RESOLUTION ORDERING IMPROVEMENTS
I.C. 51-286
WHEREAS, a resolution of the City Council adopted the 23rd day of
March, 1976, fixed the 6th day of April, 1976, as the date for a public
hearing on the following proposed improvements:
I.C. 51-286 (STR 75-3-18), Bituminous
paving on School Road and Eden Court
WHEREAS, all property owners whose property is liable to be assessed
for the making of this improvement were given ten days published notice of
the Council hearing through two weekly publications of the required notice
and the hearing was held and property owners heard on the 6th day of April,
1976,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
Such improvement as set out in Council Resolution of March 23rd,
1976, and as above indicated is hereby ordered.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
•
2121
•
PROJECT STR 75-3-18
' PRELIMINARY ASSESSMENT ROLL
Property Owner Amount 25% Credit Total Est.
Description Assessment
Eden School Addition
Block 1, Lot 1 Wa. E. Parkos $816 $204 $612
2 Lyle Eau£hold
3 Fred Hefner
4 Clarence Fryle
5 A. G. Peterson
6 Richard Johnson
7 Arthur B. Rohe
8 Ronald Ott •
9 Joseph E. Moliter
10 V. Rasmussen
11 Robert F. Sharpe
12 John H. Bender
13 Norman Engh "
14 Lois G. Rademacher
15 Larry M. Schoch
16 James Willmore
•
17 R. G. Twiss
18 Gary L. Thompson
19 Harold Hanson
20 Clarence Lilienthal
21 Ralph Bergman
212')
- 2 -
(STR 75-3-18, cont.)
Property Owner Amount 25% Credit Total Est.
Description Assessment
Block 2, Lot 1 E. L. Sickman $816 $204 $612
2 Larry Vorlicek " "
3 Frank Phillips " " "
4 Glen Britney " " "
5 Frederick Berglund „ " "
6 Dennis Waltzoni " " "
7 Richard Emahiser " " "
8 Kenneth Svor " " "
9 Richard Beyer " " "
10 Teunis Jacobse " " "
11 Lawrence Doig " " "
12 Wm. E. Deckler " " "
13 Roald Nielson " " "
14 Linus Westrup " " "
15 Jerry Ferr N " "
16 David Tomczik N 0
17 Phillip Barlow N " "
18 Lawrence Lidner „ " "
19 H. J. Mitchell " " "
N N N
Block 3, Lot 1 Steve Shea
2 Gordon Carlberg "
3 George Role " N N
4 Robert Zimmerman " N
Sec. 16
Parcel 980 W. Gordon Smith 13,500 - 13,500
.4810 Norman G. Nelson 1,632 408 1,224
(2 units)
2130
•
- 3 -
(STR 75-3-18 cont.)
EDEN PRAIRIE INDUSTRIAL CENTER
Block 1, Lot 1 Thomas C. Wakely Inv. Co. 816 - 816
2 W.M., R.W., & T.R. Bowler "
3 Bell Prairie "
4 K.C. James "
The proposed assessment spread is 10 years at 8% interest
213i
April 6, 1976
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1118
A RESOLUTION APPROVING THE PRELIM-
INARY PLAT AND FINAL PLAT OF REGIS-
TERED LAND SURVEY NO.
WHEREAS, the Galen Prairie Planning Commission held a public hearing
on the Preliminary Plat of Registered Land Survey No. on March 22, 1976
and recommends approval thereof, and
WHEREAS, said plat is in all respects consistent with the City plan
and the regulations ang 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 Registered Land Survey No. is
approved upon compliance with the recommendation of the City •
Engineer's Report on this plat dated March 31, 1976.
B. That the City Clerk is hereby directed to file a certified
copy of this Resolution in the office of the Register of
Deeds and/or Registrar of Titles for their use as required
by MSA 462.358, 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 Exe-
cute the certificate of approval on behalf of the City Council
upon compliance with the foregoing provisions.
ADOPTED by the City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
•
John D. Franc, Clerk,
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: March 31, 1976
SUBJECT: Carnes/Tangen Registered Land Survey
PROPOSAL: Mr. Carnes and Mr. Tangen are requesting approval of a Regis-
tered Land Survey for an area of 13.2 acres. The plat consists of
dividing the tract into six primary lots, two small lots to be used
for turnaround right-of-way and one lot to apparently he used for
the expansion of Lot 10, Willow Creek Addition. The primary lots
range in size from 1.14 acres to 5.14 acres.
The developers at this time are requesting the second reading of the
rezoning ordinance No. 313, Preliminary Plat and Final Plat approvals.
HISTORY: The first reading of Ordinance No. 313, rezoning the tract from
Rural to R1-22, was approved by the City Council on December 2, 1975.
The Preliminary Plat was approved by the Planning Commission at
a public hearing on March 22, 1976.
VARIANCES: No variances have been requested.
UTILITIES AND STREETS: City extension of lateral sanitary sewer and water-
main w 11 be necessary to provide service to the proposed sub-division.
Lots H and I will be dedicated to the City for right-of-way and
turnaround purposes.
PARK DEDICATION: A cash contribution, in lieu of land, of $300 per lot
is required of the three new single family home sites. The total
required amount will be $900.
BONDINC: No public utilities or streets will be installed. Therefore,
no bonding will he required.
•
The roadway will continue to be maintained by the owners.
RECOMMI:t`DATION: Recommend approval of the Registered Land Survey, subject
to the requirements of this report and the following:
1. Receipt of fee for City engineering services in the amount
of $210.
•
2. Receipt of cash contribution in lieu of land for Park dedi-
cation in the amount of $900.
2133
REGISTERED LAND SURVEY NO.
NENNEP►N COUNTY. MINNESOTA
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•
ORDINANCE NO. 299
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135.
THE COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS:
Section 1. Appendix A or Ordinance No. 135 is amended by adding to
That part of the West half of the Northeast Quarter of Section 25, Township
116, Range 22, Hennepin County, Minnesota, described as follows:
Beginning at a point on the west line of said West half distant 200 feet south of
the northwest corner thereof; thence South 1 degree 06 minutes 55 Seconds East,
assumed basis for bearings along said west line, 461.87 feet to the northwest
corner of the South Three-Fourths of said West half of the Northeast Quarter of
Section 25; thence North 89 degrees 38 minutes 33 seconds East, 300.03 feet to .
a point 300 feet east as measured at right angles)from the west line of said West
half of the Northeast QuartercfSection 25; thence South 1 degree 06 minutes 55
seconds East, parallel with said west line, 350.00 feet; thence North 44 degrees
17 minutes 33 seconds East, 105.39 feet to an intersection with a line parallel with
and 275 feet south (as measured at right angles) from the north line of said South
Three-fourths of the West half of the Northeast Quarter; thence North 89 degrees •
38 minutes 33 seconds East, along last said parallel line, 705.00 feet to an inter-
section with a line parallel with and 1,080 feet East (as measured at right angles) •
from the west line of said South Three-Fourths of the West half of the Northwest
Quarter; thence North 1 degree u6 minutes 55 seconds West, along last said parallel
line to the north line of said South Three-Fourths of the West half of the Northeast
Quarter; thence North 69 degrees 38 minutes 33 seconds East along the north line of
said South Three-Fourths of the West half of the Northeast Quarter 240.61 feet to
the northeast corner thereof; thence North 1 degree 06 minutes 38 seconds West, along
the east line of said West half of the Northeast Quarter, 180.02 feet; thence South
89 degrees 38 minutes 33 seconds West, 180.00 feet; thence westerly on a tangential
curve concave to the north having a radius of 500.00 feet and a central angle of 7
degrees 26 minutes 54 seconds, 65.00 feet; thence North 7 degrees 05 minutes 27 seconds
East, radial to the last described curve, 120.00 feet; thence North 65 degrees 39
minutes 09 seconds West, 202.05 feet,; thence North 56 degrees 53 minutes 50 seconds
West, 404.92 feet; thence South 89 degrees 43 minutes 59 seconds West, 360.00 feet
to a point 215.80 feet east of the west line of said Northeast Quarter as measured
parallel with the north line of said Northeast Quarter; thence South 1 degree 06 min-
utes 55 seconds East, parallel with said west line, 150.00 feet; thence South 89 degrees
43 minutes 59 seconds West, parallel with the north line of said Northeast Quarter,
215.80 feet to the point of beginning.
Containing 18.53 acres.
1
213'l�
which property shall be and hereby is removed from rural zone and shall
be included hereafter in the RI-13.5 zone.
Section 2. The above described property shall be subject to the terms
and conditions of that certain rezoning agreement dated
1976, entered into between a partnership consisting of The Preserve, a
co-partnership of Carter & Gertz, Incorporated, A Minnesota corporation,
and the Minnesota Gas Company, a Delaware corporation, sole partners 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 relating to such residential RI-13.5 District.
Section 3. This ordinance becomes effective from and after its passage
•
and publication.
FIRST READ at a regular meeting of the City Council of the City of
Eden Prairie this day of , 1976 and finally read and
adopted and ordered published at a regular meeting of the City Council of
said City on the day of , 1976.
Wolfgang Penzel, Mayor
ATTEST:
• John D. Frane, City Clerk
Published in the Eden Prairie News on , 1976.
•
-2-
21310
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1117
A RESOLUTION APPROVING FINAL PLAT
OF AMSDEN HILLS
WHEREAS, the plat of Amsden Hills has been sumbitted 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 Minne-
sota 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 Amsden Hills is approved upon
compliance with the recommendation of the City Engineer's
Report on this plat dated March 31, 1976.
H. That the City Clerk is hereby directed to file a certified copy
of this resolution in the office of the Register of Deeds and/or
Registrar of Titles for their use as required by MSA 462.358
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 Execute
the certificate of approval on behalf of the City Council upon
compliance with the foregoing provisions.
ADOPTED by the City Council on
Wolfgang Penzel, Mayor
ATTEST: SEAL
John D. Franc, Clerk
z13/
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: March 31, 1976
SUBJECT: AMSDEN HILLS
PROPOSAL: The Preserve is requesting the City Council approve the second
reading of Ordinance No. 299, rezoning the property from Rural to
R1-13.5, and final plat approval of Amsden Hills. This is a 54 lot
single family residential plat located south of Amsden Road and.
east of Franlo Road in the NE 121 of Section 25.
HISTORY: The Preliminary Plat was approved October 28, 1975, per Council
Resolution #1053.
The first reading of Ordinance #299 was approved by the Council on
October 7, 1975.
VARIANCES: A variance from Ordinance No. 135, Section 2, regulating the
minimum lot size and the side-yard setback requirements should be
allowed as follows:
Minimum lot size - 9,000 sq. ft.
Side yard setback:
5 feet on 1 story garages
10 feet on 11 story houses
15 feet on 2 or greater story houses
20 feet on houses build on corner lots.
UTILITIES AND STREETS: Municipal sanitary sewer, watermain, storm sewer,
concrete curb and gutter and bituminous surfacing will be installed
throughout the development in accordance with City standards.
PARK DEDICATION: Park dedication for this plat has been satisfied through
the Preserve PUD.
A 6' wide bituminous pathway connecting with the proposed Prairie
East system and along the east-west collector street will be construc-
ted.
BONDING: A performance bond or letteref credit, for an amount approved by
the City Engineer, shall be posted to cover the cost of sanitary
sewer, watermain, storm sewer, streets, street signs, first year costs
for street lighting and construction of the bituminous pathway.
2.82
- 2 -
•
RECOMMENDATION: Recommend approval of the final plat of Amsden Hills,
subject to the requirements of this report and the following:
1. Execution of the Developer's Agreement.
2. Receipt of fee for City Engineering services in the
amount of $1,500.
3. Satisfaction of bonding requirements.
CJJ:kh
4139
•
M E M 0
TO: City Council
FROM: Planning Commission, staff and Brauer 8 Associates
DATE: April 2, 1976
SUBJECT: STAFF/PLANNING COMMISSION/CCNSULTANT RECOMMENDED
GUIDE PIAN UPDATE PROCESS - G. P . U .
Citizen Involvement Process
1. Consultant selection.
2. Develop process, contract and study outline.
3. Staff/officials seminar.
4. Revise process, contract and study outline.
5. City Council. approve study design G Brauer contract.
6. Ist NEIGHBORHOOD FORUMS " ( 6-7 ) to discuss the update ,
neighborhood problems, recruit and stimulate GPU participation.
7. EDUCATIONAL SEMINARS ( 4-6 ) to provide background information
for facilitators, officials and interested citizens.
8. COMMUNITY FcDHMS ** ( 1, 2 or 3 ) city wide interaction sessions
that deal with Eden Prairie's realities and goals.
9. DRAFT PLAN UPDATE,the staff and advisory commissions will assist
the consultant in a 1st draft plan.
10. 2ND NEIGHBORHCOD FORUMS *** ( 6-7 ) to aid citizen understanding
and gain local comments concerning the process at that point and
the draft plan update.
11. COMMUNITY FORUM !( 1 ) city wide interaction session which presents
the draft plan update, neighborhood forum inputs and relates the
draft plan to Reality fi Goals Forums.
12. REVISED DRAFT PLAN UPDATE, the consultant with help from the staff
and advisory commissions will prepare a final draft plan update for
presentation to the City Council.
13. ADVISORY COMM]SS I REV]EN, comment, modificat ions and recommendations
to City Council.
14. CITY COUNCIL PUBLIC HEARING, formal City Council review, modification
and/or approval .
15. APPROVED PLAN UPDATE, submission to review agencies for formal
approval.
* The 6 to 7 Neighborhood Forums depend upon resident participation
in first 1 or 2, ie., if no neighborhood interest,substitution
of 1 or 2 city wide forums may be appropriate.
** The number of Community Forums depend upon how well the
Neighborhood Forums work. 1 to 3 Community Forums can be
anticipated.
*** The 6 to 7 Neighborhood Forums where the draft plan update is
discussed depends upon local participation. If no neighborhood
interest in sessions city wide forum will be substituted.
1 (f .
11 Planning Commission Minutes -3- March 22, 1976
•
B. Guide Plan Update, discussion of proposed contract.
The planner informed the commission that the city staff has met with Brauer
regarding the work program and contract but todate no final document has been
drafted. He then outlined a possible process for the update.
Pauly stated she sees the need for more detail in the guide plan than was contained
in the 1968 Plan and suggested that regular updates be part of the new Guide Plan.
Sorensen asked if more distinct lines of zoning categories and tighter delineation
of areas would be used in the update. �I
Brauer responded affirmative. He stated that what has to be done now is to [
recognize what has happened and decide how to build around the existing uses.
Sorensen then asked if the Rural zoning category would be a part of the new update.
Brauer stated the update process will probably determine if a Rural category
is necessary.
Motion
Schee moved, Beaman seconded, to recommend to the City Council approval of the update
process presented tonight , The motion carried 6 to 1 with
Beaman voting nay.
Citizen Involvement Process
1. Consultant selection.
2. Develop process, contract and study outline.
3. Staff/officials seminar.
4. Revise process, contract and study outline.
S. City Council approve study design £, Brauer contract.
6. Ist NEIGHBORHOOD FORUMS * ( 6-7 ) to discuss the update ,
neighborhood problems, recruit and stimulate GPU participation.
7. EDUCATIONAL SEMINARS :( 4-6 ) to provide background information
for facilitators, officials and interested citizens.
8. COMMUNITY FORUMS ** ( 1, 2 or 3 ) city aide interaction sessions
that deal with Eden Prairie's realities and goals.
9. DRAFT PLAN UPDATE,the staff and advisory commissions will assist
the consultant in a 1st draft plan.
10. 2ND NEIGHBORHOOD FORUMS *** ( 6-7 ) to aid citizen understanding
and gain local comments concerning the process at that point and
the draft plan update.
11. COMMUNITY FORUM ( 1 ) city wide interaction session which presents
the draft plan update, neighborhood forum inputs and relates the
draft plan to Reality f, Goals Forums.
12. REVISED DRAFT PLAN UPDATE, the consultant with help from the staff
and advisory commissions will prepare a final draft plan update for
presentation to the City Council.
13. ADVISORY COMMISSION REVIEW, comment, modifications and recommendations
to City Council.
14. CITY COUNCIL PUBLIC HEARING, formal City Council review, modification
and/or approval .
IS. APPROVED PLAN UPDATE, submission to review agencies for formal
approval.
a
0
Fi
April 1, 1976
M
v
M
Mr. Roger Ulstad, Manager
City of Eden Prairie
8950 Eden Prairie Road 1-
Eden Prairie, Minnesota 55343 0
w
RE: Proposal-Agreement for Professional Services 2
Comprehensive Plan Update
Mr. Ulstad: ui
2
THIS AGREEMENT entered into this day of Q
, 197 , by and between the CITY OF EDEN PRAIRIE, a°'.
MIN_dESOTA, a municipal corporation (hereinafter referred to z
as the OWNER) and BRAUER & ASSOCIATES, INC., a Minnesota `U
corporation engaged in providing consulting services (here- o
inafter referred to as the PLANNER) , w
WITNESSETH: p
In consideration of their mutual convenants and agreements 0
as hereinafter set forth, the OWNER and the PLANNER contract p
and agree as follows: The PLANNER will provide professional o
planning, landscape architectural, and engineering services
required to participate in and direct the preparation of' an z
updated comprehensive plan for the City of Eden Prairie, J
hereinafter referred to as the Project. LL
0
A. SCOPE OF SERVICES
The PLANNERS Services shall include normal planning, (7
landscape architectural and engineering services as v
follows: a
1. Preliminary Studies and Base Mapping a
Q
a. Review and Check Updated Base Maps to be pre- 5
pared by OWNER staff. p
b. Investigation, Review and Preparation of Plan-
ning Data Beginning with a restatement of the 0
cinditions that existed in 1969, a description a
of current conditions (1975) and evaluate them in U
regard to conformance or non-conformance with s
the Guide Plan, goals, objectives and policies, m
together with comments on the implications of
departures from the 1969 plan.
2! .c fl W; n LANDSCAPE ARCHITFUN Il ENGINEERS '1 ARCHITECTS
0 i
Mr. Roger Ulstad -2- April 1, 1976
The OWNER will provide and the PLANNER will evaluate
the following general data:
(1) Demographics from past and present census data
(including recent developer projections) in order
to ascertain both changed (1969-1975) and future
population characteristics and distribution.
(2) Sociological/cultural characteristics of past and
present and most likely future populations as
evidenced by census tract data.
(3) Relate the community to the Regional area to assess
the impact that past, present and future growth
policies (Regional) will or have had on community
growth and development.
(4) Review past and present commercial, industrial,
and housing land use including specially desig-
nated large PUD's and approved sector studies
to assess the impact, problems and trends inherent
therein.
(5) Update and review previous natural features studies
to assess the impact that new growth (post 1969)
will have on the natural environment.
(6) Review transportation facilities and proposals
initiated or completed since the original plan
study including municipal streets, and approved
concepts on plats, Hennepin County, Minnesota
Highway Dept., metropolitan agencies and sur-
rounding municipalities.
(7) Review utility systems, particularly in regard
to investment and operating cost, phasing,
geographic coverage, availability and the in-
fluence of metropolitan agency decisions.
(8) Review community facilities existing public as
well as quasi public facilities, such as parks
and open space, together with projected future
needs.
c. The PLANNER would provide an independent objective
overview of change, trends, and directions of the
development process as well as actual developments
under construction or approved by the City since 1970.
d. The PLANNER will retain an experienced urban socio-
logist to conduct socio-cultural research based on
population samples to be designed by the consultant,
and to present findings and recommendations for guide
plan revision derived from that research.
Mr. Roger Ulstad -3- April 1, 1976
e. Field Observation of the physical characteristics
of the city from public roads and properties to
provide a personal perspective of the physical
characteristics of the city documented in the print-
ed data, and attendance at various community or
organizational functions in order to become familiar
with social characteristics and attitudes within the
community.
f. Analysis of collected data together with field ob-
servations to select and define planning parameters,
opportunities, constrains, and other guidelines.
g. Participate in neighborhood meetings conducted by
Planning Commission and OWNER staff. PLANNER will
use contacts as opportunity to screen and select
community seminar discussion facilities and to ob-
tain information and interview candidates to compare
with random sample interview results. (Maximum seven
(7) meetings).
h. Presentation of summarized basis data from investigation
and analysis in oral, written and graphic form to be
made available to the OWNER staff. The material will
be prepared in a form and can be used as a working
document by the participants throughout the planning
process.
2. Education/Information Phase
a. Assist and support OWNER staff in structuring and pre-
senting a series of up to six (6) intensive education/
information lecture classes to provide background to
selected community facilitators (selected by PLANNER
with approval of OWNER) and others who may desire to
participate.
b. Prepare Analysis and recommendations for the compre-
hensive plan update based upon observation and output
from the sessions.
3. Goal Formulation - Community Participation Seminars
a. Two (2) community participation seminars will be
designed and conducted by the PLANNER on a small
group, interaction basis as a means to inform, edu-
cate, and to stimulate non-competitive interaction
among residents and property owners in order to
produce a realistic expression of community feel-
ings and attitudes toward comprehensive planning.
2)yX"
2
Mr. Roger Ulstad -4- April 1, 1976
The principal focus of the first session will be to
review basic planning data, implementation procedures
(i.e., zoning, platting, assessments, development
techniques) in order to provide a basis for meaning-
ful input in the establishment of planning goals and
of objectives for the city planning process at the
second session.
4. Guide Plan Development
a. The PLANNER will prepare a first draft version of the
updated Guide Plan including recommendations in the
form of written concepts, goals, objectives, policies,
and procedures, with supporting descriptive and ex-
planatory graphics covering:
. Land Use
. Transportation
. Housing
. Utilities
. Open Space and Parks
. Community Facilities
. Intergovernmental Relationships
b. Recommend appropriate revisions or additions to
existing regulatory ordinances and resolutions con-
sistent with and supportive of the guide plan
recommendations including:
. Zoning Ordinances
. PUD Procedures
. Subdivision Regulations
. Open Space and Park Dedication
. Utility and Street Extension Policies
5. Meetings with OWNER staff as required throughout the
planning period up to three(3) meetings with the Council
and Planning Commission, one (1) meeting with each of
the other appointed boards and commissions in addition
to the community participation sessions outlined above.
6. Additional Services such as: actual collection of data,
preparation of base maps, additional meetings or
presentations, brochures, graphics, models, plan docu-
mentation, or construction of a planning model, further
research or development of specific implementation tools
or procedures, or any other services specifically re-
quested and authorized as an addendum to this Contract
Agreement.
•
Mr. Roger Ulstad -5- April 1, 1976
B. FEES FOR PROFESSIONAL SERVICES
The OWNER shall compensate the PLANNER for services described
in Paragraph A, above, on the basis of the following hourly
rate fee schedule plus expenses:
Senior Professional $38 per hour
Professionals 20 - 30 per hour
Senior Technicians 25 per hour
Technicians 14 - 22 per hour
Administrative 12 per hour
C. PAYMENT TO THE PLANNER
Statements of account of the PLANNER'S services, shall be sub-
mitted monthly in proportion to services performed and are
payable within thirty (30) days of receipt.
D. OWNER'S RESPONSIBILITY
1. Before or during execution of the work in Paragraph A-1,
the OWNER shall provide or make available all information
and data which may have a direct bearing on the analysis,
design specifications, proposals or procedures to be
completed by the PLANNER, including:
a. All data and information outlined under paragraph
Al.b(1) through Al.b(8) , above.
b. Budget or finance information which will affect the
planning recommendations.
c. Additional data or information which will have a
bearing on the planning or design conclusions and
recommendations of the PLANNER.
E. TERM, TERMINATION, SUCCESSORS AND ASSIGNS
1. The Term of this Agreement shall be concurrent with the
work authorized.
2. Termination may be accomplished at any time by written
notice. This shall not relieve the OWNER of his obligation
to pay for the full value of the services performed to the
date of termination.
3. The OWNER and the PLANNER each binds itself, and its suc-
cessors, to the other party of this agreement with
respect to all covenants of this agreement.
•
Mr. Roger Ulstad -6- April 1, 1976
F. PLANNER'S RECORDS, DOCUMENTS AND INSURANCE
1. The PLANNER shall maintain time records, design calcula-
tions and research notes in legible form, available to
the OWNER upon request.
2. The PLANNER shall carry insurance to protect him from
claims under Workman's Compensation Acts; from claims for
damages because of bodily injury including death to his
employees and the public, and from claims for property
damage.
3. Neither the OWNER nor the PLANNER shall assign, sublet
or transfer his interest in this agreement without the
written consent of the other.
4. The work products of the PLANNER shall become the absolute
property of the OWNER, as to each phase of the work, upon
payment of the fees for such work as provided in this
agreement.
G. NONDISCRIMINATION
The PLANNER will not discriminate against any employee or
applicant for employment because of race, color, religion,
sex, national origin, physical condition or age. The PLANNER
will take affirmative action to insure that applicants are
employed and that employees are treated during employment
without regard to their race, color, religion, sex, national
origin, physical condition or age. Such action shall in-
clude but not be limited to the following: Employment, up-
grading, demotion or transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of com-
pensation, and selection for training including apprenticeship.
H. EXTENT OF AGREEMENT AND APPLICABLE LAW
This agreement represents the entire and integrated agreement
• between the OWNER and the PLANNER and supersedes all prior
negotiations, representations, or agreements, whether written
or oral, with respect to the Project. This agreement may
be amended only by written instrument signed by both OWNER
and PLANNER.
215i
•
Mr. Roger Ulstad -7- April 1, 1976
IN WITNESS WHEREOF, the OWNER and .the PLANNER have made and
executed this agneemen.t,
Thtis _ day ob , 1916.
CITY OF EDEN PRAIRIE
Eden Pnainie, Minnesota In pnesence o6:
by
e.t.a Mayon
•
and
its Managers
BRAUER li ASSOCIATES, INC.
Eden Pnq'. ie, Minnesota In pnesenee o6:
Dona.ed G. Snauen, P.E.
Pnes iden.t
vaw
1
EDEN PRAIRIE COMPREHENSIVE PLAN
UPDATE PROCESS
WORK PROGRAM/COST ESTIMATE
(Revised Proposal 4/1/76)
Summary •
Consultant City
. Phase I - Education/Information (mh/$) (mh)
1. Design/Plan 50/1,000 all 150
cons/1,000
2. Neighborhood Meetings 60/1,200 all 50
3. Education Sessions 60/1,200 all 260
cons/4,500
4. Analysis/Summary cons/500 (M) (P1)20
5. Conclusions/Recommendations 60/1,200 (M) (P1)20
6. Progress/Staff Mtgs/Reports 40/800 (A11)60
Sub-total Phase I 270/5,400 560
cons/6,000
$11,400
. Phase II - Community Goals/Priorities/
Review Plan (3)
1. Design/Plan/Organize/Recruit 76/1,600 (All) 30
2. Research/Data Preparation 40/800 (All) 140
3. Seminar Sessions 20/400 all 110
cons/500
4. Conclusions/Recommendations 50/1,000 all 10
5. Progress/Staff Meetings/Reports 10/200 (M) (P1)10
Sub-total Phase II 196/4,000 300
cons/500
$4,50(S—
. Phase III - Plan/Policy/Procedural/
Recommendations
1. Update Plan Documents 350/7,000 all 60
2. Direct Construction of Community
Development Model 100/2,000 all 40
3. Coordinate Preparation of Revised/
New Ordinances/Resolutions/
Policies 100/2,000 all 160
4. Progress/Staff Meetings/Reports 20/400 all 40
Sub-total phase III 570/11,400 300
TOTAL Al]. Three Phases 1,036/$20,800 1,160 m.h.
cons/6,500
$27,400
2153
a
1
MEMO TO: Mayor and Members of the City Council
THRSJ: Roger Ulstad, City Manager •
FROM: Marty Jessen, Director of Community Services titi
SUBJECT: 1976 Forestry Program
DATE: April 2, 1976
In June 1975, a concerted effort was made to identify and remove all Dutch
Elm Diseased and Oak Wilt Diseased trees within the community. Because of
the rural nature of much of the community and the limited manpower available
this effort was pretty much limited to the more easily accessible areas of
the City. [hiring the year approximatley $2,500 was expended on tree disease
inspection and approximately $5,500 on the removal of diseased trees with
the total budget expenditure of $7,857.
The inspection program and sampling identified approximateey 140 infected
trees, of these approximately 100 were removed and properly disposed of with
the balance remaining on the land because of the landowners refusal to remove
the trees. The reasons for their refusing to remove the trees include:
1. Not all other landowners are taking down diseased trees.
2. It is too costly.
3. The benefit is to someone else because my tree is already dead.
The Ordinance regulating the Tree Disease Program provides for the City to
order the removal of a tree and if the owner fails to do so within a specified
period of time for the City Manager to abate the nuisance with the cost
attributable to the abatement to be assessed against the property. We have
not inacted this provision of the Ordiance because of the limited time and
manpower available to conduct the tree program, and also because of the negative
aspect of this procedure. The problem has now, however, reached serious
proportions and we would suggest that we begin to inact Section 5 of
Ordinance 186, providing for the City to order the removal of the trees and
assess ,the cost to the affected property.
During the hudget development process part of the 1976 fiscal year, the City
Council set a maximum budget figure for the Forestry Program of $22,300 with
the specific program aspects to he worked out at a later date. I am now
suggesting that the following steps be inacted to insure a better tree program
for 1976:
1. Rather than allocating time from the general park maintenance staff
to conduct the tree inspection aspect of the program, I am suggesting
that a forestry student he employed on a part time basis this spring
and on a full time basis from June 1 until mid-November. The major
functions of this person will include tree inspections conjunction
with the local Explorer Post No. 234)sampling, notifying landowners
and assuring abatement.
2/0
-2-
2. The City continue to dispose of tree debris from homesteaded
property provided it is cut into reasonable lengths and easily
handled by the park crew so that it can be transported to the
landfill for disposal. We will be chipping the smaller debris
on the site with our brush chipper so that we can minimize the
amount of hauling involved.
3. That the City participate in the state subsidy program to assist
residential property owners in the removal and disposal of
diseased trees. Attatched Resolution No. 1110 will accomplish
participation within this program.
4. We will develop further the concepts behind the reforestation
program and make recommendations for action this fall. This will
enable use to assess more fully the costs of the improved detection
and removal program prior to developing the specifics of reforestation.
The recommendations above deal with a continuation of the previously used
disposal method; that is hauling the material away and chipping it. Other
disposal techniques are available, including burning, chemical treatment
of the fallen tree to loosen the bark if its in an area where it cannot be
hauled out or burned and etc. We have received a request from the Preserve
for a burning permit per the regulations of the State PCA so that they might
dispose of tree debris generated from diseased trees. This has been discussed
thoroughly with all of the members of the staff, including the fire department
and the general consensus seems to favor disposal through some method other
than burning, although the cost may be higher to not only the landowner but
also to the City. •
REVISED 1976 BUDGET PROPOSAL,
1. Personnel •
-parttime forester $ 6,000
-park crew disposal 8,000
$ 14,000
2. Contractual Services
-landfill fees for disposal $ 1,000 ( not currently charged )
-mileage 700
-training 100
-information 500
$ 2,300
3. Supplies
-equipment ( tools, hardhats, etc ) 1,000
-chemicals ( vapam , etc 1,000
$ 2,000
Subtotal for Detection 6
Sanitation $ 18,300
4. Reforestation $ 3,900
GRAND TOFAL $ 22,200
2W.,
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1110
RESOLUTION FOR A SUBSIDY PROGRAM TO ASSIST LANDOWNERS
IN THE REMOVAL OF DISEASED TREES FROM RESIDENTIAL PROPERTIES
WHEREAS, the Minnesota Department of Agriculture provides matching grant-in-
aid to assist residential property owners in the removal and disposal of diseased
trees pursuant to Minnesota Statutes, Section 18.023, Subdivision 3a; and
WHEREAS, The City of Eden Prairie has initiated a program of subsidies to its
citizens; now, therefore,
BE IT RESOLVED, that the City of Eden Prairie shall make application to the
Minnesota Department of Agriculture for grant-in-aid and shall conduct a
grant-in--aid program for residential property owners in compliance with the
provisions of Minnesota Statutes, 18.023,
ADOPTED, by the City Council of Eden Prairie this day of
, 1976.
•
Wolfgang Penzel, Mayor
ATTEST:
John D. Frane, Clerk SEAL
•
215,
•
•
•
April 6, 1976
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
•
RESOLUTION NO. 1115
•
RESOLUTION RECEIVING PETITION, CALLING
FOR A HEARING AND ORDERING PREPARATION
OF A FEASIBILITY REPORT
I.C. 51-287
• WHEREAS, a petition has been received, it is proposed to improve:
I.C. 51-287, Bituminous seal coating on
Starring Lane and Ridge Road
and assess the benefitted property for all or a portion of the cost of the
improvement, pursuant to. M.S.A. 429.011 to 429.111.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
1. That the proposed improvements be referred to the City
Engineer for study and that a feasibility report shall be
prepared and presented to the City Council with all con-
venient speed, advising the Council in a preliminary way
as to the scope, cost, assessment and feasibility of
the proposed improvements.
•
2. A public hearing shall be held on such proposed improve-
ment on the 4th day of May, 1976, at the City Hall in
the City of Eden Prairie at 7:30 o'clock P.M. The City
Clerk shall give published and mailed notice of such
hearing on the improvements as required by law.
ADOPTED by the Eden Prairie City Council on
•
Wolfgang, H. Penzel, Mayor
A1TEST: SEAL
•
John D. Frane, Clerk
•
zi51
•
•
' CITY OF EDEN PRAIRIE, MINNESOTA
_j . PETITION FOR LOCAL IMPROVEMENT
To The Eden Prairie City Council:
The undersigned property owners herein petition the Eden Prairie City
Council to consider making the following described improvements(s):
(General Location)
Sanitary Sewer
Watermain
- Storm Sewer •
Street Pap/CJ?'- 774 2/N G LANE AN o 5 rm,e_ RP.
Other •
Street Address or Other
Legal Description of • Names of Petitioners
Prokerty to be Served (Must Be Property Owners)
/� ;J
/,T et / / c,4 6 ---
LS031_
Ct w oteca � -_ AN. _,
�_a► `� _1 �, 1 I-ask , i r,_✓ -/�
(For City Use) /�
Dale Received 3 /4-- 7"`
Project No.
Council Consideration
215
l.. / & g.J ZIA‘-'U • /
a c :Ce-
i 9 6 C,o - 1 ---,--e- -re t 1 �'� 9311:4', k -4J-
/ I
; �' ( � .n..cc,,k: -.-,'�.. �1�t.t, C wLaaaLLL///`.
,.,,
,s \ l
p6/ e i/-/iRaiii9 ""E A
rn ?&I f?i d2"4- RU i.4“,014104-c-
/491,/
/6-060 _.c.i.,zu-,`/L--,-.i. Q
(74) c. si.,,..., 44(dE ,-1 u-7,',%, .._67 •
/ A-17 ,
/119'o 0 ,ifi,Z6,,,,,e /jot :;:i.., Off7; ,./.--/..2 .
Arr;,
eye/ Soo ri Ai'.
cow 4-I. Jett NAY J e..
a
2".543
0//,',0( 3. \b4e6q4(6-5 - Pew
Du?NEk' D!d,S611
1
•
1 2,60
April 6, 1976 •
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.1114
RESOLUTION RECEIVING PETITION AND
ORDERING PREPARATION OF A FEASI-
BILITY REPORT
I.C. 51-288
WHEREAS, a petition has been received and it it proposed to
improve:
I.C. 51-288, Sanitary sewer and water service for
properties in the vicinity of Industrial Drive,
south of Co. Rd. 67
and assess the benefitted property for all or a portion of the cost of
the improvement, pursuant to M.S.A 429.011 to 429.111.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY
COUNCIL:
That the proposed improvements be referred to the City
Engineer for study with the assistance of Rieke Carroll Muller, Assoc.,
Inc., and that a feasibility report shall be prepared and presented to
the City Council with all convenient speed, advising the Council in a
preliminary way as to the scope, cost, assessment and feasibility of
the proposed improvements. •
ADOPTED by the Eden Prairie City Council on
•
Wolfgang H. Fenzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
•
1/ l
l'1 ' CITY OP EDEN PRAIRIE, MINNESOTA
PETITION FOR LOCAL IMPROVEMENT
•
i
To The Eden Prairie City Council: •
• The undersigned property owners herein petition the Eden Prairie City
Council to consider making the following described improvements(s):
(General Location)
)( Sanitary Sewer
/ , Watermain _I1•^: ..i,Ll' i_)/.. Q (2V, 6,..7
�J
13 Storm Sewer F7(•0:<.,, (2f ti cc c,; /!�/.+J-�'
IL Street Paving Ai / • x ec . 3; /-7/6 y( .yZ
Other
J
Street Address or Other •
Legal Description of. Names of Petitioners
i Provert.•) to be Served
(Must Be Property Owners)
(.' ''-! .1
•
1-?'"?'"? '''' e-re-",...e,.1...2.^..T--t...A--
! I t f<4
/r /.',
l•-,7_',-`, - • ,' /./.: 17d,'//4=Q /1/-','Y('T•
C3 3/ ►-�"1.13. �'k. (For City Use) ,,,�`
7
7 . '1 .� Date hec ived
1
S C -. Project qo. •
9
Council Consideration
April 6, 1976
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1116
RESOLUTION RECEIVING PETITION AND
ORDERING PREPARATION OF A FEASI-
BILITY REPORT
I.C. 51-289
WHEREAS, a petition has been received and it it proposed to
improve:
I.C. 51-289, Utility and street improvements for
the Mitchell Lake P.U.D. (Pemtom Project).
and assess the benefitted property for all or a portion of the cost of
the improvement, pursuant to M.S.A. 429.011 to 429.111.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY
COUNCIL:
That the proposed improvements be referred to the City
Engineer for study with the assistance of Rieke, Carroll Muller, Assoc.,
Inc. and that a feasibility report shall be prepared and presented to the
City Council with all convenient speed, advising the Council in a
preliminary way as to the scope, cost, assessment and feasibility
of the proposed improvements.
ADOPTED by the Eden Prairie City Council on -
•
Wolfgang H. Pensel, Mayor
ATTEST: SEAL
John D. Franc, Clerk _
2165'
April 6, 1976
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1119
A RESOLUTION APPROVING THE PRELIMINARY
PLAT AND FINAL PLAT OF PRAIRIE EAST
SECOND ADDITION
WHEREAS, the Eden Prairie Planning Commission held a public
hearing on the Preliminary Plat of Prairie East Second Addition on
March 22, 1976, and recommends approval thereof, and
WHEREAS, the Plat of Prairie East Second Addition has been sub-
mitted 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 Prairie East Second Addition is
approved upon compliance with the recommendation of the
City Engineer's Report on this plat dated March 31, 1976.
B. That the City Clerk is hereby directed to file a certified
copy of this Resolution in the office of the Register of
Deeds and/or Registrar of Titles for their use as required
by MSA 462.358, 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
execute the certificate of approval on behalf of the City
Council upon compliance with the foregoing provisions.
ADOPTED by the City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
2.0
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: March 31, 1976
SUBJECT: Prairie East Second Addition
PROPOSAL: Hustad Development Corporation is requesting City Council
approval of the Preliminary Plat and Fina Plat of Prairie East
Second Addition. This is a single family cluster development
consisting of 60 lots located between Franlo Road and Co. Rd.
#18 in the N.E. 141 of Section 25.
HISTORY: Ordinance No. 263, rezoning the property from Rural to RM 6.5,
was finally read and approved by the City Council on July 9, 1974.
A revision of the legal description used in the Zoning Ordinance
will be necessary to conform with the submitted Final Plat.
The Planning Commission held a public hearing on the Preliminary
Plat on March 22, 1976, and recommends approval.
VARIANCES: Variance from the side-yard setback requirements of Ord-
inance #135 should be allowed as follows:
5' on 1 story garages
10' on 111 story houses
15' on 2 or greater story houses
20' on houses built on corner lots
UTILITIES AND STREETS: Municipal sanitary sewer, watermain, storm sewer,
concrete curb and gutter and bituminous surfacing will be installed
throughout the development in accordance with City standards.
Outlot A will be dedicated to the City for utility connection and
pathway purposes.
PARK DEDICATION: A 6' wide bituminous pathway will be constructed along
the collector street with a connection to the trail system in Amsden
Hills. A connection with Prairie East First Addition could be made
through 0 utlot A, which will be dedicated to the City. •
BONDING: A performance bond or letter of credit, for an amount approved
by the City Engineer,, shall be posted to cover the cost of sanitary
sewer, watermain, storm sewer, streets, street signs, first year
•
2161
•
• - 2 -
costs for street lighting and construction of the bituminous
pathways.
RECOMMENDATION: Recommend approval of the Preliminary and Final Plat of
Prairie East Second Addition, subject to the requirements of this
report and the following:
1. Execution of. the Developer's Agreement.
2. Receipt of fee for City Engineering services in the
amount of $1,500.
3. Satisfaction of bonding requirments.
4. Approval by the Hennepin County Highway Department.
CJJ:kh
•
•
21(I)
April 6, 1976
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1121
RESOLUTION APPROVING
SALE OF TAX FORFEITED
PROPERTY
•
WHEREAS, the City Council of the City of Eden Prairie has
received from the County of Hennepin, a list of lands in said municipal-
ity which became the property of the State of Minnesota, for non-payment
of 1967 real estate taxes, which said list has been designated as Classi-
fication List No. 650-C and
WHEREAS, each parcel of land described in said list has hereto-
fore been classified by the Board of County Commissioners of Hennepin
County, Minnesota, as non-conservation land and the sale thereof has
heretofore been authorized by said Board of Commissioners:
NOW, THEREFORE, BE IT RESOLVED, by said City Council, acting
pursuant to Minnesota Statute 282, that the said classification by said
Board of County Commissioners of each parcel of land described in said
list as non-conservation land be and the same is hereby approved, and
that the sale of each such parcel of land be and the same is hereby
approved.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
2111
whp/jh 3/31/76
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNEOSTA
ORDINANCE NO. ,324
AN ORDINANCE LICENSING BUILDING CONTRACTORS DOING BUSINESS WITHIN
THE CITY OF EDEN PRAIRIE AND AMENDING ORDINANCE NO. 311.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 311 is amended by deleting Sections 1(c),
2(c) and 3(c).
Section 2. Effective Date. 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, this _day of April, 1976, and finally read, adopted and
ordered published at a regular meeting of the City Council of said City
on the day of April, 1976.
Wolfgarl H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
203
whp/es
3-19-76
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 325
AN ORDINANCE ESTABLISHING SALARIES FOR THE MAYOR AND THE
CITY COUNCIL.
THE COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS:
SECTION 1. The Salaries of the Mayor and Council.
From and after January 1, 1977, the following salaries
and expenses shall be paid to the Mayor and to the
members of the City Council, viz:
A. MAYOR
$ per month salary.
B. EACH COUNCILMAN
$ per month salary.
C. That in addition to the above, the Mayor and the
Councilmen shall be paid a reasonable sum for each
day plus the reasonable expenses incurred while
traveling outside of the City of Eden Prairie on
the business of the City.
FIRST READ at a regular meeting of the Council of the City of Eden
Prairie this day of , 1976, and finally read, adopted
and ordered published at a regular meeting of the Council of said City
on the day of , 1976.
ATTEST: Wolfgang Penzel, Mayor
John D. Franc, City Clerk
•
1'iq
•
CLERK'S LICENSE APPLICATION LIST
April 6, 1976
CONTRACTOR (Multi-family & Comm.) VENDING MACHINES
Steenberg Construction Co. Executive Vendors
PLUMBING TEMPORARY FOOD LICENSE
Berghorst Plumbing & Heating Prom Catering Co., Inc.
HEATING & VENTILATING MECHANICAL AMUSEMENT DEVICES
Midland Manufacturing & Heating Co. Movies at Eden Prairie
GAS FITTER
Midland Manufacturing & Heating Co.
PRIVATE KENNEL LICENSE
Lyle M. Douglass
CIGARETTES & TOBACCO
Eden Prairie Grocery
3.2 BEER OFF SALE
Eden Prairie Grocery
FOOD LICENSE TYPE A
Winchell's Donut House
FOOD LICENSE TYPE B
Viking Pioneer Incorporated
These license have been approved by the department head responsible
for the licensed activity.
464-C/eia 0.41.1,77,C41—..1
Rebecca Quernemoen, Deputy Clerk
iro
JOHN FRANE
TT,Tr.rmy, • -,•;•Jg. r7.\71,
CVJNCIL "S: 3.4 .•
1:77
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",UNICIL S AT City N('''•;,•• • P••••••1-.•.-1.11Ftir;.; At."erney
1"- rrmer e,„i.non; Finance
IP lc•..-c-;.07,
j0.•-;:••en; Enlyif!d"r..q- Carl jullie;
JP:•',•'' . •,'•!7•,.7rei-ary
ri.rpnr. TifeLl.,. CALL
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• c.o. 0 VOcc..1.7..*Cie.iir.rog) 157
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$•: - •. • (Muriel l'agt 15,12
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. Soo Pale 217i
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1. • - - ',•• Pzoie 2177
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Council Agenda - 3 - Tuesday, April 13, 1976
D. Report of City i'ngineer
1.. Consider bids received on April 9, 1976 for utility and street
improvements in Red Rock Hills 2nd Addition, I.C. 51-285.
2. Approve plans and specifications and order advertisement for Page 2187
bids for paving on School Road and Eden Court, I.C. 51-286.
(Resolution No. 1124).
3. Status report on right.-of-way acquisition for T.H. 169 Page 2188
Improvements, I.C. 51-266.
E. Report of Finance Director
1. Payment of Claims Nos. 1060_ 1187. Page 2212
2. Clerk's License List. Page 2216
. 1STLW BUSINESS
•
VI. ADJOURNMENT.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1122 •
A RESOLUTION DESIGNATING DEPOSITORY
SUBURBAN NATIONAL BANK OF EDEN PRAIRIE •
BE IT RESOLVED, that the Suburban National Bank of Eden
Prairie, Minnesota, authorized to do banking business in
Minnesota be and hereby is designated as an Official Depository
for the Public Funds (Payroll Account) of the City of Eden Prairie,
County of ]lennepin, Minnesota, for a period of one year from this
date. The City Treasurer shall secure and maintain adequate security
for funds in the depository.
ADOPTED by the City Council on this 13th day of April, 1976.
•
Wolfgang H. Penzel, Mayor
SEAL
AT•T'EST:
.lohn D. Franc, Clerk
21 R,,
MEMO TO: Mayor and Members of City Council
THRU: Roger Uistad, City Manager
FROM: Marty Jessen, Director of Community Services.J.
SUBJECT: Anderson Lakes Park Master Plan
DATE: April 9, 1976
Attached is a memo which was presented to the Parks, Recreation and
Natural Resources Commission on Monday, April 5. It deals with
the proposed coordinated Master Plan between the City of Eden Prairie,
the City of Bloomington and the Hennepin County Park Reserve District
as required by the Metropolitan Council. The Commission took the
following action with regard to this matter at the April 5 meeting:
MOTION: "Anderson moved to recommend to the Council to enter
into joint agreement between City of Bloomington, City of Eden
Prairie, and Hennepin County Park Reserve District for the adoption
of a Joint Master Plan for the Hyland Lake, Bush Lake, and
Anderson Lakes Corridor Park Complex, since it is absolutely
essential in order to receive funding. Choiniere seconded, motion
carried unanimously.'
As indicated in the memo to the Commission both the Park Reserve
District and Bloomington are considering this proposal also. There
may be some slight modifications as to the specifics within the agree-
ment. However, I would suggest that the Council might approve the
document in concept if you agree with the Commission's recommendation
and we will bring back the specific final document at a later date.
zP'17
MEMO TO: Parks, Recreation and Natural Resources Commission
FROM: Marty Jessen, Director of Community Services M.J.
SUBJECT: Master Plan for Anderson Lakes/Tierney's Woods/Corridor
Park/Hyland Lake Park Reserve Complex
DATE: April 2, 1976
BACKGROUND INFORMATION
In the summer of 1975, Eden Prairie adopted master plans for the three
regional parks identified in the Metro Council's Recreation Open Space
Plan. These parks are Anderson Lakes, Bryant Lake and Lake Riley. Upon
review of all of the master plans the Metropolitan Parks and Open Space
Commission directed that one over all master plan for this park complex
be developed, inasmuch as each of the components complimented the other.
While a Capital Improvement Program has been put together for consideration
in the 1977 Legislative Session, the Metropolitan Council and the Parks
and Open Space Commission has repeatedly said that they would not consider
any direct expenditures from this appropriation until one overall coordinated
master plan has been developed.
SYNOPSIS OF THE PROCESS TO REACH A COORDINATED MASTER PLAN
The staff of the City of Bloomington and the Hennepin County Park Reserve
District,iviutropolitan Council and Eden Prairie have been meeting on a
regular basis to attempt to reach some consensus as to what ought to be
included in the coordinated master plan, The Metropolitan Council defines
the master plan as overall statements to serve as guidelines for acquisition,
development and management principles for a particular park area. In this
definition lies a great deal of flexibility and as a result the master plans
submitted to date have been "broad brush strokes"and not tied down to a
great deal of detail. As a result, some of the statements represent kind
of obvious truths, but by putting them in one document they add credibility
to the fact the agencies agree to coordinate and cooperate in providing
facilities and services throughout this complex.
The result of all of these meetings has been the attached draft number two,
agreement between the various agencies for the complex and attached draft
number three, joint master plan for the complex. The staffs of the agencies
are proposing that each of the Board's and Council's would approve the •
agreement and the master plan for submission to the Metropolitan Council
as our efforts to meet the requirements in this regard. The Hennepin County
Park Reserve District Planning Committee discussed these items at their
meeting on Tuesday, ;March 23. The City of Bloomington will be considering
the matter shortly.
•
I ](
-2-
RECOMMENDATION
I would recommend that the Parks, Recreation and Natural Resources
Commission recommend to the City Council the adoption of a Joint Master •
Plan for The Hyland Lake, Bush Lake, and Anderson Lakes Corridor Park
Complex for submission to the Metropolitan Council and approval of
the agreement between the City of Bloomington, City of Eden Prairie
and the Hennepin County Park Reserve District, relating to this park
complex.
The point:; within the master plan are consistent with the master plan
prepared by the City for the Anderson Lakes portion of the complex.
Inasmuch as the Anderson Lakes portion is proposed as a special use
nature center facility, the coordinated master plan attached speaks
to cooperative programing between the City and the Park Reserve District
as to nature interpretive programs. We have, from time to time, discussed
this previously and I support wholeheartedly the idea of working together •
on these programs rather than duplicating each others efforts within a
distance of approximately one mile from each other. The final specific
program use of each of the areas is yet to be determined inasmuch as
the coorinated master plan speaks only to the fact the primary support
for the nature interpreted program will emanate from the Hyland center
which currently exists well staffed and developed. The Blacklock
Nature Center at Anderson Lakes Park will then become an interpretive
node to be used in concert with the Hyland Center, wherein the booking
of groups for the various nodes will take place through one office. Staff
training and allocation will be coordinated and support services will be
provided from the Hyland office.
z�'19
For Discussion Purposes Only
AGI:LENENT DI:Tt.EN:' THE CITY OF BLOOMINGTON, THE CITY OF EDEN PRAIRIE, AND THE HENNEPIN
COUNTY PARK RESERVE DISI]IICT RELATING TO HYLAND LAKE PARK RESERVE, BUSH LAKE PARK, •
ANI)i:PSON LAKES PARK, AND CORRIDOR PARK
WHEREAS, the City of Bloomington, the City of Eden Prairie, and the Hennepin County
Park Reserve District, hereinafter referred to collectively as the "Implementing
Agencies" have determined that it is in the public interest to coordinate the acquisi-
tion, development and management of the parks and open space areas known as Hyland
Lake Park Reserve, Lush Lake Park, Anderson Lakes Park, and Corridor Park, herein-
after referred to collectively as "Ryland/Bush/Anderson/ Corridor Complex" as
indicated on the attached map Exhibit A; and
WHEREAS, the Metropolitan Council has approved financial assistance to each of the
Implementing Agencies for the acquisition and/or development of these parks and
open space areas; and
WHEREAS, the Metropolitan Council has requested that a joint master plan for these
parks and open space areas be prepared;
NOW, THEREFORE, IT IS JOINTLY AGREED THAT:
i
1. The inipiemating Agencies will use the attached joint master plan, Exhibit A,
as the general. guideline for the continued acquisition, development end manage-
went of the Ilyland/Lush/Anderson/Corridor Complex, and
2. Each Implementing Agency will notify in writing the other Implementing Agencies
before implementing any policy or plan which would constitute a major deviation
from the attached joint r.:aster plan, and
3. This Agreement, a]on;; with attached Exhibit A will be transmitted to the
Metropolitans Council act full compliance with the Development Cuide/Policy
Plan for Recreation Opcu Space.
•
IN WITNESS WHEREOF, TLe lopiementi.ng Agencies have by Resolution caused this
wit ),,J
•
Agreement to be executed by their respective officers.
CITY OF BLOONINGTON
BY •
ANI)
CITY OF EDEN PRAIRIE
BY
•
AND
HENNEPIN COUNTY PARK RESERVE DISTRICT
BY
ANT)
•
3-8-76
cc: M. Jessen
D. Reeder
J. Sunde •
•
for tltscusslon lerposes Linty tAHitli'i A
JO1:T MAST I..!: PLAN FOR DYLAND/BUSH/\NDL'RSON/CORRIDOR COMPLEX
A. Existin Sites and Plans
•
This parks and open space area is comprised of the following contiguous
sites that are identified as components of the regional recreation open
space system.
•
1. Hyland Lake Park Kescrve, fennepin County Park Reserve District
a. Approximately 975 acres, plus lake surface of approximately 90
acres, or a gross open space area of approximately 1,065 acres.
Existing facilities include: picnic area, nature interpretive
center, group camp, bike trail, foot trails, ski touring trails,
alpine ski area and ski jumps. . •
b. The master plan (1969) is.caer4es+-11,being updated and is expected
to be completed in 1976. llo significant changes to the existing •
plan are anticipated. Future development will essentially be
improvements to existing facilities and natural resources.
Vehicular access will continue to be from Courfty Road 28 (East Bush
Lake Road), and from Chalet Road. Future bike and foot trail
connections to Bloomington's trail system are intended.
2. Bush Lake Park, City of Bloomington
•
a. Approximately 175 acres, plus lake surface of approximately 200
acres, or a gross open space area of approximately 375 acres.
Exi.sCi.ng facilities include: swimming beach, picnic area and boating
acre a..
n pry
Bush Lake (cont.)
b. A master plan for the entire site was recently prepared for
the City. Briefly, the consultant's plan proposes to expand
the swimming beach on the easterly shore, and establish a •
nature interpretive center along the southwesterly shore. Primary
vehicular access would continue to be from County Road 28 (East
Bush Lake Road). Bike and foot trail connections to Hyland Lake
• Park Reserve and Corridor Park are intended. The City will hold
public hearings in 1976 regarding the proposed master plan.
3. Corridor Park, City of Bloomington
•
a. A corridor of approximately 260 acres extending from the northerly
end of Hyland Lake. Park Reserve to I-494, than west and south to
and including Tierney's Woods, and the north shore of East Anderson
Lake. There are no e::isting outdoor recreation facilities on the
site.
e.,, iAc%S,VII/ ke
b. The preliminary plan for Corridor Park (1975) indicates tha A biking
and hikingJwil — the-.frls. y- cmphaa4.e7 with intermittent supportive
picnic areas along the trails. Vehicular access would be from County
Road 18, 82nd Street and Forest Glen Road. Bike trails would be
extensions:of the Bloomington Bikeway Plan. Trail linkages to •
Tierney's Winds, Anderson Lakes, Nine Mile Creek, Bush Lake Park, •
and Hyland Lake Park Reserve are indicated.
4. Anderson Lakes Park, City of Eden Prairie
a. The site is approximately 300 acres of land surrounding the two
Anderson l.ak.•s within Eden Prairie: The total surface area of the
two lakes is :pproxiTatcly 260 acres, giving a gross open space area
Anderson Lakes (cont.)
of approximately 560 acres. The land along the north and west
•
shoreline is a relatively narrow open space corridor dedicated
• to the City. •
b. As indicated in the master plan (1975), the primary emphasis will
be conservation and nature interpretation. However, the plan also
indicates a proposed facility for picnicking and field games located
in close proximity to the proposed nature interpretive center at the
southeasterly corner of the site. Foot trails are proposed, however,
there is ea.a,r.-:w-7y•no indication of trail linkage to Tierney's Woods.
Bike trails are not•cum�rcntly indicated. Vehicular access would be
from County Road 18 and from Amsden Road.
B. Other Related Parks and Open S2ace Components
The implementing agencies recognize that there are other contiguous parks
and open space components that relate closely to the Nyland/Bush/ Anderson/
Corridor Compl ex. They are:
1. Nine Nile Creek i • •
•
A substantial portion of the land along the creek from Corridor park
dolmetream to the Minnesota River has been protected for parks and
open space purposes by the City of Bloomington. Some of the principle
park units along the creek are: Mt. Normandale Lake Park, Nord Myr
•
Park, East and West Marsh Lake Park and Central Park.
2. Purgatory Creek
The Pre+,erve (I'.1! lias dedicated to the City of P.den Prairie a
corridor of land extending from Anderson Lakes to Purgatory Creek.
In addit ion, the City is•euere..t.l; studying Purgatory Creek as a potential
/70'•Z •
•
Purgatory Creek (cont.)
linear parks and open space component for conservation, protection and
trail use.
3. Minnesota River
Significant portions of the six mile stretch of the river valley from
Purgatory (:reek downstream to Nine Mile Creek are now protected for
public parks and open space purposes. Federal, state and local interest
indicate that the remainder of this area will come under public ownership
and control in the forseeable future.
Viewing all of the foregoing related components in total, they form a potential
circuit of approximately 30 miles of interconnected parks and open space.
C. Coals and Oh me_i.ves
The goal of this joint msster plan is to propose a concept for development,
use and management that can serve as a guideline for the Implementing Agencies.
Therefore, the following basic objectives are agreed to by the Implementing
Agencies.
1. Classification
From analysis of the resource characteristics, configuration and
functional potentials of the respective components, the Implementing
Agencies hereby agree to the following classification system. Included
below arc the basic Pnrg es of each of the parks and open space com—
ponents as set forth in the Metropolitan Council Development Guide/
Policy Plan for Recreation Open Space, adopted December, 1974:
a. Hyland Lake Park Reserve
1) Classification: Regional Park Reserve
•
„',2) Purpose: To protect and perpetuate nonurban areas that are
significant in terms of varied land forms, lakes, streams,
marshes, flora, and fauna for the outdoor recreation use and
enjoyment of these resources in such manner as will heighten
the understanding and appreciation thereof and leave the natural
resources unn paired for future generations. •
To provide an example of one of the major landscape types in
the :Sctropolitan Area.
b. hush l.cke Park
1) Classification: Regional Park
•2) Purpose: To provide areas of diverse natural resources offering
a range of outdoor recreation opportunities for the residents
of the Metropolitan Area.
c. Corridor Park
1) • Classification: Regional Trail Corridor
Purpose: To establish a network of corridors that shall provide
safe and enjoyable route:, and support facilities exclusively for
recreational travel.
To accommodate single or multiple modes of recreational travel
to link aid make accessible components of the Regional System.
•
d. Anderson Lakes Park
1) Classification: Special Use Area
a) Purpose: To provide high quality areas that are suitable or •
adaptable to intense specialized or single-purpose outdoor
recreation activities that require a •specific resource base
or location, restrictive control or management program not
consistent with other general facilities.
2. Distribution of Outdoor Recreation/interpretive Facilities
The plans for development will result in a corridor-node concept,
with facilities sufficiently distributed for effective and enjoyable •
public utilization.
3. Trails Continuity
The primary means of travel within the area and from facility to
facility will be hike and foot trails. Users arriving by car or
bus will be able to leave the vehicle and then hike, bike or ski
tour to other facility nodes. To achieve this, trails will be provided
so as to connect all of the facility nodes within the total area.
They will be provided from Hyland to Bush to Corridor Park to Anderson
Lakes. Pending, the acquisition of certain lands, it may be necessary
to parallel existing roads as interim measures.
4. Credo Separated Trail Crossings
a. County Roads 18 and 28 pose the greatest potential conflicts with
trill functions. To alleviate thane conflicta and,to assure trail
continuity, grade-separated trail crossings will be planned for
both highway facilities. See attached map which indicates approximate
Grade Separated Trail Crossings (cont.)
locations.
b. Three crossings will be incorporated into the design for the
upgrading of County Road 18. One crossing will link the Rhinohead
area of West Anderson Lake to Tierney's Woods. The second will
connect the east and west'Anderson Lakes. And the third will be'
a bike crossing approximately at Amsden Road.
c. Two crossings will also he included in the upgrading of County
Road 28 (Last Bush Lake Road). One will link Corridor Park to the
northerly tip of Hyland Lake Park Reserve. The other will be in
the vicinity of Bush Lake Beach to linkup-with the bike trail at.
Hyland.
d. These grade separated trail crossings will assure a relatively
uninterrupted trail flow and linkage of all elements of the parks
and open space area.
5. Nature Interpretation
a. The Nature Interpretative Center. at Hyland Lake Park Reserve
cur.entlyprovides opportunity for interpretation of a diversity
of resource features ranging from small ponds, marshes and regrowth
forest to nn extensive stand of native prairie. The center has
a full tiln staff of interpreters, office, meeting r,Y°ars and the
potential for expansion, if necessary. Program emphasis is on
person-to-person contact between interpreter and the visitor
rather than a self•-guided exhibit approach.
Nature Interpretation (cont.)
b. Resources for interpretation at the Anderson Lakes Park are
excellent examples of large lake-marsh biotic communities.
These resources complement the missing features of the approxi-
mately 100 acres of program area at the Hyland center.
c. The marshy west shoreline of Bush Lake also offers opportunity
for interpretation of large lake-marsh biotic communities not
found at the Hyland center. For example, the west shoreline
contains extensive patches of lily beds'and rush growth that are
available to only a limited extent at the Hyland center. •
d. Tierney's Woods, located at the westerly end of Corridor Parka • •
offers a well-developed hardwood forest of approximately 135
acres. Several impressive specimen trees can be found there, and
a mature forest fauna is a further plus factor.
e. The implementing agencies have reviewed the overall interpretive
potential of the parks and open space area and have concluded that -.
the interpretive program should emanate from a single staff support
facility. Because of the existing facilities at the Hyland center,
it is agreed that it will serve as the staff support facility, and
that interpretive support nodes could be located at Anderson Lakes
Park, Bush Lake Park, and Ticrney's Woods.
f. At Anderson Lakes Park, the primary management objectives are con-
starvation, protection and nature interpretation, which is the basis
for its claesific:.ion as a Special Use Park. Consistent with these •
objectives, the development of the picnic-field games area will be
, / rtO
Velure Interpretation (cont.)
' g. At Bush Lake, the westerly shore could be incorporated with the
interpretive program and could provide an interpretive support
node between the staff support facility at Hyland and the interpre-
tive support nodes at Anderson Lakes and Tierncy's Woods. In the
development of the interpretive program, the west shore of Bush
Lake will be especially considered for outdoor-laboratory use
to accommodate periodic special intensive studies. This interpretive
use could be accommodated by observation platforms, benches, walkways
and self-guiding interpretive-water-als. Interpretive staff, as for
Anderson Lakes, will be based at the Hyland center. •
h. The Implementing Agencies agree that continued coordination of
the overall interpretive program will prevent unnecessary duplication
of facilities and staff and assure uniformity of program quality
and content. Duplication of program content and an incomplete program
lock
content due to aake•of overview will conscientiously be avoided.
D. ManaFycnent
•
The Implementing Agencies agree to adhere to the following Management
Principles for each of the respective parks and open space components as set
forth in the Metropolitan Council Development Guide/Policy Plan for Recreation
Open Space, adopted December, 1974:
1. Regional Park Reserves (Ryland Lake Park R eserve)
a. kanageacut should be directed towards the restoration and
preservation of the natural resources of the presettlement era.
.;7I79t
Regional Park Reserves (cont.)
b. Management will seek to maintain a balance of the native
ecological community and re-establish missing or unprotected
elements of that community.
c. tanagement of areas with other values shall be patterned to the
extent compatible with the primary purpose for establishment of
the area.
2. Regional Perks (Bush lake Park)
a. The provision of outdoor recreation opportunities shall be recognized
as the dominant or primary resource management:objective. Natural
resources within the area may be utilized and managed for additional
purposes where such additional uses are compatible with fulfilling
the outdoor recreation mission of the arca. Scenic, historic,
scientific, scarce or disappearing resources with recreational areas
shall be managed in a manner compatible with the primary recreation
mission of the area.
b. Resource management should be directed at serving high carrying
capacities, basic protection and reestablishment of resources to
maintain a high quality experience.
3. Regional Trail Corridors (Corridor Park)
a. tnmagemeat: shall be directed at preserving or re-establishing the
resource base to insure the quality of the recreation influence.
Trail use shall be conmist ent with the preservation policies and .
functions of the natural system.
b. Program variations will he determined by the specific physical
demands e use impose c on the resource base.
•
,2/79,1-
•
Regional Trail Corridors (cont.)
c. Maintain user confinement to the boundaries of the corridor except
for access points, and prevent the intrusion of noncompatible users.
4. Regional Special Use Areas (Anderson Lakes Park)
The resource base may be selectively preserved, manipulated, altered,
or improved to provide a quality and enjoyable experience.
•J gh1
3-8-76
cc; M. .lessen
A. Reeder •
J. Sunde
•
Map Att'acf:cd •
•
•
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MEMO TO: Mayor and Members of City Council
THRU: Roger Ulstad, City Manager
FROM: Marty Jessen, Director of Community Services
SUBJECT: 1976 Summer Recreation Activities
DATE: April 9, 1976 •
Attached are three staff memos presented to The Parks, Recreation
and Natural.Resources Commission on Monday, April. 5, 1976.
They deal with the staff proposal for operating recreation activities
during the corning summer. The Commission, after reviewing the
proposals, has recommended to the City Council that the proposals
be adopted and the appropriate fees and charges be established for
the service as outlined. The specific action with regard to the
proposals is as follows:
MOTION: "Choiclere moved to accept recommendations of Memo
dated April 2, 1976, regarding Summer playgrounds, Skill development,
and Beach and concessions, as amended, including attached
schedule. Anderson seconded, motion carried unanimously."
MOTION: "Choiniere moved to recommend to the Council that
they consider the opening of Bryant Lake Park at this time, with
Jessen contracting Officer Hacking regarding public safety
problems. Middleton seconded, motion carried with Pierce
abstaining."
The as amended, refers to this earlier motion.
In addition, as the minutes of the April 5 meeting reflect, the
Commission has suggested that Bryant Lake Park be opened immediately
for use this spring. As the Commission action indicates, I've discussed
this matter with Public Safety Director, Jack Hacking and our recommend-
ation is that if we open now, we staff the park and collect the fees
so as to keep control over the use of the park.
•
MEMO TO: Perks, Recreation and Natural Resources Commission
FROM: Sandy Werts, Recreation Supervisor
DATE: April 2, 2976
SUBJECT: Summer Playgrounds
Permanent Sites
Playgrounds are scheduled to open Monday, June'14 and end 8 weeks later
on Thursday, August 5. Five sites have been designated for this year. They
are to be located at Prairie View, Forest Hills, Methodist Church, Preserve
and Edenvale (Briarhi.11).
The Playground Program is divided into two sections: Tiny Tots (which I'd
like to rename. Any suggestions?)for 4-6 year olds and Summer Fun for
7-12 year olds. Tiny Tots meets twice a week for 2 hours each session.
Summer Fun will meet three afternoons a week for 4 hours each session.
A fourth day will be set aside as playground trip day. These trips will be
available to all Eden Prairie youth who will register and pay on a per trip basis.
We had suggested that the prior fees for Summer Fun ($10) and Tiny Tots ($5)
be eliminated. However, we recommend that they are not eliminated altogether
but reduced substantially. Summer Fun Registration would be $2.50 and Tiny
Tots $1.00.
Each playground would be staffed with one senior leader'and one Junior leader,
plus summer teen work program aides.
Playground on Wheels
A second mobile unit is now under construction. With two units we will be
able to cover more neighborhoods in the City. Each unit will travel to four
neighborhoods a week spending 2 hours in the morning with pre-schoolers
and 3 hours in the afternoon for the older youth. The fifth day of the program
is trip day and the mobile leaders will be chaperoning their participants on
the trips. •
Suggested neighborhoods for participation in this program include: Topview,.
Creekwood, Flying Cloud, Cedar Forest, Paradise Valley, Edenview I & II
and Loohanburn.
•
•
MEMO TO: Parks, Recreation and Natural Resources Commission
FROM: Sandy Werts
DATE: April 2, 1976
SUBJECT: Summer Skill Development Program
The Summer Recreation Brochure is scheduled to be mailed along with the
HAPPENINGS approximately May 10, 1976.
The brochure will include information an the Summer Playgrounds, Play-
ground on Wheels, and the Skill Development Programs. These programs will
include:
Swimming Lessons
Life Saving
Guitar
Community Band
Golf- Jr. and Adult
Tennis-all ages
Horseback Riding
Gymnastics
•
MEMO TO: Parks, Recreation and Natural Resources Commission
FROM: Sandy Werts
DATE: April 2, 1976
SUBJECT: Recommendations for 1976 Beach Operations
Our goals for operating the beaches this year are:
1. To operate safe, supervised and enjoyable public swimming beaches
in the parks at Round Lake and Bryant Lake.
2. To include safety, operational procedures and attendance at both
beach areas.
Our objectives for the summer include:
- Eliminate fees fcr residents using Round Lake and Bryant Lake.
- Toimprove beaches at Round Lake and Bryant Lake for safety and aesthetics.
- Reduce large power boat usage on Bryant Lake and encourage sailing and
other non-power use.
- Establish a supervised beach at Bryant Lake on Weekends and Holidays.
USER FEES
Round Lake Park
We recommend that all fees be eliminated for users of Round Lake Beach, both
resident and non-resident. Non-resident use of this beach in the past has
included guests of residents and residents of communities boardering Eden
Prairie on the west and north. It would be more difficult to try to collect from
a few non-resident users than to charge all users.
Bryant Lake Park
This like has always had more non-resident regional use than resident use.
For this reason, we recommend eliminating resident fees, but continuing to
charge non-resident users. Residents would be sent a pass (see attached
copy) that would allow them and their guests free entrance to the park. Non-
residents and residents who do not have their pass with them would be required
to pay the fee. People who walk or ride their bikes to the park, resident and
non-resident alike, would be given free access to the park.
-2-
A user fee of $1.50 per car is recommended. It might also be desirable
to have a non-resident season pass available. We'd recommend a fee
of$6.00 for this pass since its use is limited to only one park.
Boating at Bryant Lake
A continuous problem at Bryant Lake is controlling large power boat usage
on the lake. Limiting such use by increasing fees as was recommended
in 1975 opens the lake to those who can afford to pay the fee. Many can
afford such a fee and therefore continued to use the lake because of limited
boat traffic. However, many people were excluded, residents included
because they could not pay the fee.
Any type of control set for Bryant Lake should be inclusive to cover all
socio-economic groups. My type of control that is set will only limit •
access through the park.
We have reviewed the following types of boating use regulations: horse-
power limitations, time zoning, area zoning, direction of movement, activity
day designations and limited launching. The method we would recommend
is Activity Day Designation. Using this method would allow various types
of boating on different days. Weekdays when powerboating is limited
would be open to all types of boating - Saturdays would also be open to
power boating. Sundays would be restricted to non-motorized and boats of
10 horsepower or less.
Recommended Boat Launch Fee
A fee of$1.50 to $2.00 for motorized boats is recommended. Non-motorized
boats would be free.
•
2161
-3-
Bryant Lake Park Round Lake Beach
Season: May 29-Sept. 6 Season: June 5-August 15
Hours: 1p.m.-9p.m. weekdays Hours: ]p.m.-9p.m. daily
6a.m.-9p.m. weekends/holidays
Fees: $1.50 per car- non residents Fees: No Fee
Free to residents w/pass $1.00 per/hr. boat rental
$6.00 non-resident pass
$2.00 power boat launch
No Fee- non-power boats
$1.00 per/hr. boat rental •
Groups: Reservation accepted with $25. Groups: Park Building -Resident Groups.
deposit for all groups. People $10 returnable deposit.
pay regular entry fees. Deposit Non-Resident Groups: $100.
is returned if no undue main- fee per day.
tenance costs result. Boat Pavilion - open to reservation
fees are extra, by resident groups only. No fee.
Staff: 1 Park Attendant Staff: 3 Life Guards
1 Park Aide (2 on weekends 1 Beach & Concession Aide
1 Lifeguard - weekends only
Budget: Personnel Budget: Personnel
Attendant (1) $3,075 Guards (3) $4,598
Aides* (2) $2,250 Aides* $2,340
Guard (1) $1,480
Contractural Contractural
Satellites $ 640 Satellites $ 240
Electric $ 160 Electric $ 100
Printing $ 300
Supplies
Beach $ 900 Supplies
Concession $1,000 Beach $ 900
Total $9,505 Concession$1,000
Total $9,478
*Zcharged to concessions.
•
•
21�'r
-4-
Round Lake Beach Personnel
Three Guards will be scheduled each day
Two Guards on duty from 1-9p.m.
One Guard on duty from 1-6p.m.
In case of "poor weather" one guard will be sent home
An extra Guard will be called in whenever necessary
Beach will close completely at 6p.m. during poor weather
One Aide scheduled each day, but will be sent home if "poor" weather develops
Bryant Lake Beach Personnel
One Park Attendant scheduled each day
Beach will close at 6 p.m. if "poor"weather develops
One Park Aide scheduled each day (M-F, 1-9p.m. and Saturday-Sunday 6a.m.
to 1p.m.)
Will be sent home if poor weather develops
Two Aides will be scheduled on weekends and Holidays (11 a.m. to 7 p.m.
and 1 to 9 p.m.).
•
,ril 13, 1976 i.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINkrSOTA
RESOLUTION NO.
RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVER-
TISEMENT FOR BIDS - I
WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., y.
has prepared plans and specifications for the following improvement, to wit,
I.C. 51-286, Bituminous paving on School
Road and Eden Court
and hae1 prc,ented such plans and specifications to the Council for approval;
• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN P8i lRIE:
1. Such plans and specifications, a copy of which is attached
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 lot bids upon the making of such improvement
under such approved plans and specifications. The adver-
tisement shall be published for 2 weeks, shall specify
the work to he done, shall state that bids will be opened
at 10:00 o'clock A.M. on Friday, May 7, 1976, and con-
sidered by the Council at 7:30 o'clock P.M. on Tuesday,
May 11, 1976, in the Council Chambers of the City Hall,
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
Wolfgang H. Penzel, Mayor
is
ATTEST: SEAL
•
John D. Franc Clerk
MEMO
TO: Mayor Fenzel and Members of the City Council
THROUGH: Roger. Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: April B, 1976
SUBJECT: Status Report
T.H. 169 R/W Acquisition
The City is in the process of eminent domain proceedings for acquisition of
the remaining R/w necessary for the proposed improvements along T.H. 269 from `
1-494 to south of Schooner Blvd. A hearing has been set for April 14, 1976,
at which tine it is anticipated the court will appoint the commissioners
who will appraise the damages for each parcel involved. The attached list
indicates the status to date of each easement.
As noted on the status list, some property owners are asking for compensation
over and above the amounts determined by the City's appraiser and approved by
the City Council on January 6, 1976. We will be prepared to comment upon
these requests on Tuesday evening, April 13.
CJJ:kh
attachment
•
•
2171
EASEMENT 5TA1MS DATE
I.C. 51-266
EASEMENT 4 OWNER STATUS OF EASEMENT
/ Willard E. Anderson or City offer=$9,915 Owner requests
#1 (5200) 14 _Lloyd n $16,483 See attachment "A"
y City offer=$2,920 Owner requests
#2 (4817) 14 Myrtle I. Mitchell 0 $5,000 See attachment "B"
(4831) (1050) City-biter r.s, acceritabili-1-&-aliar:--
Some clarificatrou ot the project by
#3 (4875) 14 John O'Neill or Alan O'Neill _letter is reuired
(Tr,3ct AEC)
#4 O(ES P423) 14 Gerald Steelman or City of EP Acquired excess prop, to be sold
(8055)?
#5 (BLS #168) The ProEerve (Arca "F") Owner will sign - no payments
(5610) (Area "G“) (The
#6 (5625 Arthur W. Eolasek or(Preserve.)
________________
(Eden FY aiiie
#7 C,hter, Addn.) 1Wtart Develop. Corp.
(Tract 0, City offer is acceptable to owner
48 P1.5 f(67) ((.ODO) Luster G. l3ensch Some problem with mortgage release
of (4925)
#9 Lot 16, And.335 Frank J. Pobuda Acquired
(Frank J & Sally
#5A (0500) Harriet Mildr,--d Ss'ith(A. robudt)
Pt. of (4910)
#10 Lot 16, Aud.335 Wally Ball, (4.c. City offer is acceptable to owner
Lot 17 (5100)
#11 Aud. 335 Ella Wolf (Sick) • Acquired - excess proper to be sold
Lot 18 (5.1107)
1i]2_7ted. 315 Manfred A. Beckman City offer is acceptable to owner
Lot 12/19(7600)
$13 bid. 335 (5100) W. Cordon Smith (jcste Seltwartz,) Acquired
hot 18 (5114) City offer is apparently acceptable
#14 And. 135 The Minn. So. Dist. hut.h.Chnrc to owner
hot 11 (3300) City offer apparently acceptable
.5_Aud. 335 Richard F. Simmet to owner
Lot 10 (3000)
335 Titus, in-. ity offer is acceptable to owner
lot 4/5(1200) / Cit off,r.$19,150 Owner requests 31,0
$17 Aud.135 (1500) r'.6en Pr, irio Pfesb. Church per appraisal See attachment "C"
Pt. of (0354)
$18 Lot3, Aucl. 335 Mien. Plote,tive Life City Attorney is ha, ling this one
Ft. of (6110) City offer.$64500 L 00
ti1,91.(d 21, Aud.335 Calvin A. A1,7ersou 0 See attachment "0"
Lot 1 (000) •
#20 Ilk. 1, Leona A6e.Minn. -Brotective Life City Attorney is handling this one
•
•
•
:.„E "i BD alLETT
INDUSTRIAL REAL ESTATE
1007 MIDWEUT PLAZA EAST • 16121 33S•6S15 REAL16R"
MINNEAPOLIS, MINNESOTA 55403
ROBrRT P.BOI.I.LTT.I.I.R.
PNCNIUCNT
CLACK A.OILMAN
ViCt ' NT
BAL[tl Mw wffll_inTL MLM•CR. •
■.1.R.
O VICC PRTHInLNT
•J.MILLCH
PA
ANBIPTANT VIfL PR[RIGIMT
ROHENT P.POWLI iT.JR.
PHILLIP C.BMITH
,", < , March 8, 1976
•
4',3 Mr. W. Harlan Perbix Mr. Carl Jullie, Village Engineer
Pcrhix, Harvey, Simons, & Thorfinnson, P.A. Village of Eden Prairie
17 Tenth Avenue So. 8950 Eden Prairie Road
P.O. Box 190 Eden Prairie,
Hopkins, Minnesota 55343 Minnesota 55435
Re: i!otice of Appeal
C ;'1382 Notice
Lloyd Cherne Property
Right-of-Way Acquisition and Permanent
Slope Easement Taking
T.H. 169 Improvements
I.C. 51-266 SP 2744-16
Gentlemen:
Mr. Lloyd Cherne has requested that our company review the right-of-way
acqusition and the permanent slope easement taking that is part of the
proposed 1976 road improvement plans for T.H. 169 in Eden Prairie.
Accordingly we have visited the site, spoke with one of the city engineers,
reviewed the appraisal on the subject property made by Campbell Appraisal •
Co., Inc. and consulted with our legal counsel.
As you know the subject parcel owned by Mr. Cherne is several hundred •
feet south of the new Sears Regional Shopping Center on T.H. 169 in
Eden Prairie. It appears that the highest and best use of this site
is co;w,urcial. The subject's neighborhood is mostly commercial, and the
activity being generated from the new Sears complex will support additional
commercial growth in the immediate area.
We have reviewed the appraisal made for the city and covering the subject
site. This property is identified for appraisal purposes as EP l
(Willard E. Anderson). Part of WA, SW-.;, Section 14, Township 116, Range 22.
Mr. Cherne's property is one of eleven parcels being taken by the city.
The values assigned by the appraiser range from 75t to $1.95 per sq. ft. •
with the average being $1.31 per sq. ft. The parcel owned by Mr. Cherne
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1q0
INDIVIDUAL MEMUENGHIPN.SOCIETY Or INDUSTRIAL REALTORS (ATTACHMENT A)
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March 8, 1976
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is valued at 75t per sq. ft. We do not object to the price set on
the subject parcel, although we do feel that the spread of values
for all eleven sites may be a little out of line, and perhaps the
grouping should be somewhat closer together. The subject parcel
may be furthest from Sears, but perhaps it should not be penalized
to the extent that it was.
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The Eden Prairie takings are in the form of a right-a-way acquisition
and a permanent slope easement taking. The appraisal sets damages
for the R/W taking @75t x 1742 sq. ft. or $1307. We do not really
object to that figure. However, what we do object to is the damages
set by the appraiser for the permanent slope easement. The appraiser
set damages for the permanent slope easement at 50% of market value
or in this case 38t per sq. ft. We are challenging this figure. We
feel that the 50% was an arbitrary number, and no where in the report
does the appraiser convince us that 50% is a reasonable figure. In our
opinion Mr. Lloyd Cherne should be given greater compensation for the
22,651 sq. ft. taken in the form of a permanent slope easement. We
know that the subject property taken in this easement will be sloped,
graded and changed in configuration in order to support the road bed.
None of this property will ever be useable to Mr. Cherne again. If
useable at all, use will be subject to approval by the State of Minnesota
Highway Department. As we all know there are no guarantees available
today that the State will be easy to work With in the future. I am sure
the State will permit the construction of an access route across their
easement; however, I am also sure that a very thorough engineering study
will have to be obtained, and great expense will•be incurred just proving
to the State that a new road access on to Mr. Cherne's land will not harm
the roadbed.
1!e are aware that permanent slope easement land can be used to satisfy
land-building ratios and set back requirements. However, these uses
are of little value to Fir. Cherne in that this is a 32 acre parcel, and
thus there is plenty of land to satisfy these requirements. 41e are at
a complete loss in attempting to set any value to Mr. Cherne on this
slope easc..ent. For all practical purposes he is giving up all uses of
his land to the City and State Highway Department.
Fir. Cherne is requesting that the City of Eden Prairie pay him 90% of market
value or 67t per sq. ft. for the permanent slope easement taking. Instead
of the ?£it figure or $8607, he is requesting 67t or $15,176 for a total
of $16,483 in dau.ages. This latter figure includes the R/W acquisition.
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Page 3
March 8, 1976
We would appreciate your reviewing our request and informing us as
to how we should further proceed. Our company will be representing
Mr. Cherne at the April 14, 1976, hearing.
Yours truly,
ROBERT BOBLETT ASSOCIATES, INC.
Sherman P. Malkerson
Assistant Vice President
SPM/hm
cc: Mr. Lloyd Cherne •
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LAW OFFICES
DUGGER. JOHNSON & WESTMAN
PATENT AND TRADEMARK CAUSES
1170 NORTHWESTERN BANK BUILDING
MINNEAPOLIS. MINNESOTA 55402
CLAYTON R.JOHNSON T[LcrHonc aaa-o:Dl
NICKOLAS E YlL:.rMAN AMEA CODL RIE
RALPH I. DUGOCS -9 CAeLE ADDMS
Or Courvs[L April 2, Z9!G PROTEK.MINNEAPOLIS
Mr. Eugene E. Schurman,
Assistant Engineer
City of EdL:n Prairie
b950 Eden Prairie Road
Eden Pra'.rie, Minnesota 55343
Re: Mitchell Property
E.P. ii2 - Highway 169 Project
Dear Mr. Schurman:
I have been requested by Mrs. Myrtle Mitchell, who
resides at 8440 Flying Cloud Drive, Eden Prairie, Minnesota
to look over the submitted deed and appraisal relating to
her property and known as Parcel-Eden Prairie No. 2 involved
in the new upgrading of Through Highway 169 to the southwest
of the new Eden Prairie Center.
We have reviewed the appraisal report of Campbell
Appraisal Co., Inc. relating to this parcel, and we believe
that at least two significant factors were overlooked in arriving
at the appraised valuation of Parcel No. 2. The first is that
no consideration was given to any severance damages. This is set
forth in Page 21 of the appraisal report, under "Site Analysis",
and we believe that is erroneous. The driveway presently installed
in Mrs. Mitchell's property comprises a part circular gravel
driveway, with a spur leading to the garage. The construction
will cut this driveway away, and even though a single approach
to the property from the new highway is proposed by the Highway
Lepartment, the cost of relocating the existing spur, relocating
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Attachment Et)
Mr. Eugene E. Sc:iurn an -2- April 2, 1976
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a lawn ornament pump that is in the way of de proposed con-
struction, and the possible relocation of a yard light to
accommodate the revised driveway, gives rise to damages that
must be included, it is submitted, in the appraised valuation. •
An exact estimate of what it will cost to restore the driveway
so that it can be used in connection with the existing garage
is rather difficult to make, particularly because there is
some discrepancy between the highway plans, and the new driveway
location indicated by Highway Department personnel to Mrs.
Mitchell. It appears, however, that direct damages caused by •
severance in addition to land costs are in the range of $1,000.00.
Additionally, no provision was made in the appraisal
for compensation for the loss of three mature evergreen trees
at the end of the row of trees on the east side of the property.
Mrs. Mitchell did have a discussion with Highway Department
personnel approximately two weeks ago, and that time it was
clearly indicatEd that the three end trees would be taken during
construction. The trees are 16 years old or so, and stand, I
would estimate, 12 to 15 feet high.
These trees do have a %due that was not included
in the appraisal. A local nursery indicates that providing
and planting a 10 foot high pine tree would cost over
$900.00. Multiplying this times three would give a market
valuation of planted trees, only 10 feet high,in the range
of $2,700.00 or more. In view of this price, we do feel that
removal and loss of the existing mature trees will cause a •
minimum of $2,000.00 damage. While these figures for the trees
and other damages will add up to $3,000.00, Mrs. Mitchell has
indicated that for purposes of settlement she would be willing
to sign thc.proposed deed for the proposed taking and slope
easments(with the deed corrected to run to the City of Eden
Prairie) for a total figure of $5,000.00. This would be about
$2,000.00 for settlement of actual damages not included in the
appraiser's report and would avoid the trouble of condemnation
proceedings.
We were impressed with the detail of the appraisal
analysis, and the method on which the land valuation was made.
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1 enc F. Schurman -3- April 2, 19ib
The appraisal may be based on incomplete data in that it does jj
not take into account sales which have been made subsequent
to the opening of the Eden Prairie Center. We have not been
able to ascertain the exact sale price of the land across #169
and toward the center from Mrs. Mitchell which is going to be {I
used for a medical clinic or treatment center, but we have
heard that this was sold for $2.00 a square fat.
One of the factors that has bothered me personally,
and which there really doesn't seem to be much consideration
given to in any taking is that Mrs. Mitchell (and other land
1 owners along the road) never asked for the Eden Prairie Center
to be placcdthere it is. She really had no control over that
fact. Without the center in place the tranquility of Mrs. Mitchell
residence would be much greater. Not only is the road going to
have to be changed primarily, we feel, because of the center,
but the traffic flow is increasing to almost intolerable levels,
the lights that light the center reflect and illuminate the
entire neighborhood, and in general it makes it more or less
a nuisance for residents of the area. The three trees that will
be taken have aided in screening, to a certain extent, noise,
confusion, lights, and activities of the center from Mrs.
Mitchell's view and hearing.
I suppose the center is there fpr the good of the City
of Eden Prairie, but primarily it is for the good of the owners
and developers of the center and the businesses in the center.
Thus, Mrs. Mitchell is forced to accommodate this so-called
progress. While it is accepted that condemnation rights. exiet,
some small measure of compensation for the disruption[ of existing
valued trees, and removal of an existing driveway we feel should
he included in the payment to Mrs. Mitchell. Thus we feel that
the $5,000.00 settlement figure is equitable.
We would appreciate it if you would let us know if our
proposal is acceptable. Mrs. Mitchell would be willing to settle
as outlined to avoid protracted condemnation proceedings (which
would also avoid expense to the city), but she is not prepared
to accept the valuation set forth in tkr appraisal.
• Yours veLy truly, j
DUGGER, JOHNSON & WESTMAN
:Nickolas E. Westman
NEW:dgj I i
cc: Mrs. Myrtle Mitchell
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. t March 19, 1976
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Rev. Geld C. UeF;tven •
Eden rie P ' bterien Church
i 11669 lee:th Rop.d .
Eden Pra]rie, ginncsota
'kr: Eiglway
Parcel 17
, On Flying C:,-:u3
Eden Prairic, F.::c.esata
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Dear Rev. Udstven:
!I At your request, we have m,.,cle a physical in5LT..eetion ,-.: 2 041.,risal
as of February 19, 1976 of the :..bcve mention...2. parcel
purpase of estimting the c-.:ri. r...: fair r...,rk,.2t v,21.
4 taking, a::(1 tho fiqir market: value after the •.t4p...ng,
rents t.:,,ken (--nd a temporary aoseent.
The total ,,,aMi:c70S of the improvemots clr.7.:-..!. to ,2ett !, .:,t1 ..;...-1:1
the total number cf trees to ee r...:..svt- 11
appraisal is based on the removal of only t , trees.
1 Rased on our inspection cf the proerty
of the 1,1,7,ny factors influencing market vo:,e, it is 9:-.t oi.:::...,..n that
the valus arc as follows:
A
:i The market value of Parcel 17, before the teking $393,0:10.00
1 THREE HUNDRED 'trINETY THREE THOL:SArD DOLL.7,RS
1 The market value of Parcel 17, after the taking $365,000.00
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I. THREE HUNDRED STY FIVE TEOUF,AND DOLLARS
ramages to land caused by the taking $ 28,000.00
; Estimated fair market value of temporary ersement $ 457.00
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Estimated fair markct value of trees to be removed V 2,400.00
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f Total Damages $ 3C,4.57.00
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I Rounded To $ 31. 0.00
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THIRTY ONE THOUSAND DOLLARS
OVITAC MEM' C)
4 ‘.2,1CAO
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Maich 19, 19', ,
I ;e '2-
The above estimates are based on the assumption that the trees will
be removed and the temporary easement is utilized.
We, the undersigned, hereby certify that we nave ;inspected the
property and investigated all information believed to indicate
= the value, and that to t'.e best of our knowledge and beliefs,
the statements contained in this report and the opinions expressed
herein are correct, suLj:ct to the limiting conr7i!aons herein set
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forth; also this ap}%rais;,Z has been made in conformity with
! acceptable professional standards.
1 Cer.tififl:d to this 19th day
M of }arch, 1976
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PATCP1N APPRAISALS, INC.
Q;j7`e-" -/'
Peter J. Patc7ir., A.S.A.
Vice I'r.esident
Senior ::ember, . rican
Society cf Appraisers
William H. Ball,
Staff Appraist.r
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PURP051:
The purpose of this appraisal is to estimate the damages to the
total. property based upon a market value analysis of the property
both before and after the taking for highway purposes. The date
of appraisal is Fear.:ry 19, :976.
Fair market value as estimated in this report is defined as
follows:
The highest price ezt:stcd in terms of money which a plope ty
will bring if exposed for sale in the open r._;rket allowing a
reasomble tine to find a purchaser who buys with ,.sw2odgo of
all the uses to which it is adapted and for'i:hich it is capable
of being used.
!re,vcntly, itisreferred to as 2`e p ;n• nt which
willing
seller would sell and a willing buyer would boy, neither being
i under abr,orr..al pressure.
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It is the price expectable if a reasonable tir.,m is allowed to
• find a purchaser and if both seller and prosl,,ctive buyer are
fully informed.
LOCATION AND LI:GAL DESCRI I'T I O::
The subject property is located on the scuthwe::t cc.:•ne r of Flying
Cloud Drive (U.S. 1G9-212) and Leona Road in the City of Eden
Prairie, Hennepin County, Minnesota. The legal description
follows:
Lots 4, 5 and 6, Auditor's Subdivision No. :35, :.c:ctding to t?.e
plat thereof on file aid of record in the office of tte Fc. :stet
of T>eds in and for i:ernepin County, Einnescta;
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Lots S and 6 a distance of 672.22 feet; thence south parallel to
the west line.
7.O:77t:G
The subject property is zoned Pub (Public). However, if the
church was to be removed, the property would be rezoned
commercial or office.
TAXES AND SPECIAL ASS?_SS?: ";TS
The subject property is tax exempt.
' SITE DESCRIPTION
The subject property is in two parcels, one is trapizoic?al in
shape approximately 170' of frontage.on the east side of Flying
Cloud Drive and 36.15 ' of frontage on the north side of Leona •
'• Road. This parcel contains 6,700 sq.ft. more or less. The
other parcel has approximately 324' of frontage on the east
!'A7CNfN APPRAISALS. INC.
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• SITE DESCRIPTION (Conti: _.•d) ,
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side of Flying Cloud Drive and 072.22' of frontage on the south
side of Leona Road. This parcel has approximately 217,800 sq.ft.
The total land area for the subject property is approximately
E 224,500 sq.ft.
The site offers no tcpagraphicai problems. There are 9 mature
I oak, elm and cottonwood trees or clusters of trees on the subject
site, 2 of which are to be removed as part of this taking. The
removal of the remaining trees is at the discretion of the field
engineer. •
In conversations with representatives cf Bachman's and Instant
Shade revealed the largest size shade tree, which could be trins-
plented was a 10" diameter maple, ash or American linden. The
{ cos . varied from I:. .nt Shades 590.00 jer diameter inch ($900.00)
( to Bachman's 10" silver maple and green ash at $1,510.00 planted. •
i If more than one tree trunk is growing out of a single root, it
s considered a cluster, and counted as a single tree with the
diameter inch being the aum of all the individual truck diameter
1 1inches.
The City Cnaineer for Eden Prairie stated the highway department
iI . vonld remove any of the elms frca this area at na cost. This
c•auld be a constdc_ _ _e savin js to the land ow:.as, if any of the
1 trees have Dutch Elm disease.
1 The subject property is located in an area which is zoned
comaercial and office. It is just north of Eden Prairie Center,
approximately 500' north of State !flyaway 5 (the northerly boundry
of the Center) . Eden Prairie Center is a regional shopping center
anchored by Sears and Powers Department Stores. •
There is a single family residence along Leona Road, east of the
subject. The single family residence and motel along Flying Cloud
Drive and State. Highway 5, have been sold and are to be removed.
HICE. S x id:D A_s'r USE
The subject property is zoned public which allows churches. In
the opinion of this appraiser, the highest and best use would be •
either commercial or office development.
REFCPJ VALUE ;SdLYSIS
Land Valuation n —
To ebtiliate the land value before the taking, the appraiser has
considered the land as if vacant and ready for its highest and
qA
best use.
II PATCHIN Ar,'HMSALS. INC.
111 "..►1/
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)7•i1'UP.1i V7 LUE ANALYSIS (Continued)
Land V;iluat.ion (Continued)
The mu kct or :;ales comparison approach was used. The appraiser
has reviewed data in his file. , checked public records, reviewed
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recent sales, investiq:,: •.: g pi-Les of s.R._...r ,ff..r:r•gs
the immediate general a, ..^d c^;;s;,:ted with ti••": 1 infcr^,cd
coms:crcial real estate brokers.
The following sales and offering are noted:
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Land Sale gl
Location: Southeast Corner U.S. 169-212 x I-444
. Legal Description: Part of Leta 1 b 2, •A,;:dit is .,�.div,dion 335,
lying north of Leona Addition r South of 1-454
Sales Date: Nove:.bcr, 1975
Buyer: Minnesota Protective :nsera:, cry: p
Seller: Roy E. Olson
Area: 4.1 acres
Topogzaphy: Rolling
Soil: Stable
Zoning: Comurcial
Price: $160 000.00 ¢ pending
ion :..g SpeCr^. a.s$s's:.:;,cats or
{ $.90 per sq.ft.
Remarks: This parcel was purc'-ased _. .-w of 1973 for
$110,CC0.Cl.
property on t'.c sc,4tn. :h.s .. , .e . j.r,r't of
an assea.bly with land sale 4:
Comparison: This sale is ..re . .. .n s. •.a
usable frc-.t.'.:e. - •+
to Interstate 494. Consider.- .: .r.e
' ship to sale 2, ;w f..;•:e cc d.• fall„_
ing:
Sale having an .3;;^.rc%. de•p.t? _-^, sale 47
of 230'.
Sale 1 - 230'x1' 230 SF x 5. 4. /SF A $207.00
Sale 2 - 220'xi - 220 SF x
450 SF x
Adjusting for shape and acres., u•dard
adjustment of 25t istiarrantc•: or $I.75/sq.ft.
Land Sale '2
Location: U.S. Highway 1G9-212, south of 1-494
Legal Description: Lot 1 & 2, Block 1, Leona Addition
Sales. Date: Nov(':i,er 15, 1975
Buyer: Minnesota Protective Insurance Croup
Seller: Darkcnwald
Area: 56,980 sq.ft.
1 Frontage: 257' on Leona
Tohoc;r;,p'iy: Level
. Soil: Stable
Zoning: Commercial
Price: $110,000.00 4 pending special astessc:ents or
$1.93 per sq.ft.
(Continued) �2Cly
f(` PATC.M4 AprRAisALs, mjc.
BEF_J'.': "�i''_ i '.iwYSIS (continued)
Land ;'ale 42 (Continued)
Remarks: This parcel has no frontage on U.S. 169-212.
This frontage is controlled by the subject
property. This site was purchased along
wit!. la...! La., e.
Comparison: This sale it. rect.n•:ular in s'..a •e. and Coe: set
have fro::talc. on Flying Clo:::' give. It is
our opinion a ,.rer1uc was pa:a for this parcel
to provide b(tter access for sale el. We feel
the adjustments for sale it are applicable to
this sale or a indicated valor for the subject
of $1.75 per sq.ft.
Land Sale 43
Location: Northeast corner. U.S. 169-212 and State Hwy. S
Legal Description: Lot 10, P.u:'itcr' Cty.
Sales Date: April, 1974
Buyer: Titus, Inc.
Seller: Swanson Uruder
Area: 5 acres
Frontage: Approximately 800 feet
Topography: Above grade
Soil: Stable
Zoning: Comme.rcial Hichway
Price: $300,000.00 cr 51.22 prr st •
Remarks: - This site sold ain Fetrc. :q
y
Both of these ales are net spec:al assess-
ments.
Comparison: This property has _-::led - . Fin -•.�It is our op:r:oa t:e saopp:_ . ce:.tcr cc plet.:n
has added an .:.rrcise 2 ' ra:.xs :3
the past year. .ni:_. . c ,R. .r fir
subject of $1.66 pc.
Land Sale 44
Location: State ?:wry. 5, approx. 1000' enst of Flying
Cloud Drive
Legal Description: W. 375' of Lot 9, Auditor's Sub 335
Sales Date: November 1, 1975
Buyer: Titus, Inc.
Seller: Compton
Area: 2.25 acres
• Frontage: 375'
Topography: Rolling
Soil: Stable
Zoning: Commercial
Price: $170,000.00 or S1.73 per sq.ft.
Remarks: This site is ir-:.ediately across from Eden Prairie
Center. There are special assessment of
$14,000.00 or approximately S. .1. f•- sq.ft.
Comparison: The inferior topography is eff:c: my .ts sucr:.or
exposure from the Shopping Cc.ter. a and::r•.•:
value of the subject by this sa:e is 51.73 per
sg.ft.
PATCHIN APPRAISALS. INC.
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EDEN
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} iA:_ :.,.0 VALUE VAL e Y
IS
(Co; .a;iue:d) !
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Darkenwald Realty is currently offering the property across
Flyino Cloud Drive (U.S. 169-212) at $2.05 per sq.ft.
Wally Ball is asking $100,000.00 per acre ($1.95 per sq.ft.)
for his prcperty en west Li:le cf F:y.:.y 4.;.:.d Drive
it ediately acrossfrom Eden Prairie Center.
The asking values incleded assessments whereas the sales are
net of assessments. The sales indicate a value for the subject
B between $1.66 and S1.7S. It is our opinion the subject property •
is on the upper end cf range or $1.75 per sq.ft.
BYFOIT VALUE CI:LCUIAT'IO\
. The subject is approximately 224,500 sq.ft. Therefore, the
valu:: is: 1
224,500 6
, sg.ft. E $1.75 per ft. -
sq. $392,875.00
r, The total value of Parcel 17,
r before :.he taking, is $393,000.00 (Rounded) 1'I
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E PART TAN
I .+11 of Tract A described below:
1 Tract_A. Int 4, Auditor's Srbd;vrric.n I:o. ?75. arcordin^ to the
Ipiat therof en file and of record .n the cff].^e of the
IRegister of ;;.reds in :7d for �a�;e;.sn County, Y.:nnesota;containing 0.26 acre, core or lets; a C
i
t
) together with all richt of access being t!.e right of ingress to
and egress from that part of Tract B herei::after described: t'
Tract B. That part of Lot 5 and Lot 6, Aud_.c-'s Subdivision
( NO. 325, described as beginning at the southwest corner •
1.
(e of said Lot 5; thence north aloes the .cst line thereof
q a distance of 324 feet; thence east parallel tote south
( line of Lots 5 and 6 a distance of 622.22 feet; thence
south parallel to the :rest line of s_id Let 6 a distance
of 324 feet to the south lire tha rr. _`; hence west along i;
the south lines of said Lot 6 and 5 a distance of 672.22
feet to the point of be inni,:g, acre ding to the plat
• thereof on fire and of record in the office of the
} h,gi:tor of Pt•e•Cs in and for Hennepin County, Minnesota, ,
t the title thereto being rev steed as ev:denccd bg k
! Certificate: of Title No. 295224; except that the abutting `
owner shall retain the richt of access southerly of a • k:
j point, distant 25.54 feet southerly of the ;no:::t of f
t terOiaation of Line I described belcv +`
said Line 1); toeasire'd along
t
j PATCHIH APPRAISALS, MC.
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RIGHT OF \NAY (NEEDED)
RIGHT OF ACCESS % q ,
AFTER Ti, Inc VALUE ANALYSIS
The loss of access on Flying Cloud Drive does not effect the
subject property because of the Leona Road frontage. The
temporary slope casement is comparable to a 21 year lease. 'I
i
As previously states, 2 mature trees will he removed. Since I
it is imp;.actical to atter.::t to replace .n hind, we have used
the principle of substit,tzcn a 10" diameter ash, maple or
American Lindon will cost approximately $1,200.00 to replace, `
or 2 trees x $1,200.00 = $2,400.00.
I
Land Valuation
t!( As previously mentioned, we feel the land value will remain at
$1.75 per square foot.
208,818 sq.ft. x $1.75 = $365,431.00 •
Rounded To $365,000.00
Temporary Easement Value
It is our opinion that 12% is an equitable return on a land lease.
.02 acres x $76,230.00 = $1,525.00 x 121 = $182,95 per year
$182.95 x 2.5 years = 5457.37, or say 7,457.0
C '?: _kT'C:.. ..�`D SCXX.7,n Cr nAM,G."S
In this section we will correlate and summarize all those values
. previously discussed. The total daeages cannot he ascertained
until the total nu-.::er of trees to be removed' is determined.
This appraisal is based on the removal of only 2 trees.
Total Value Before The Taking $393,000.00
Total Value After The Taking 365,000.00
I Value of Taking $ 28,000.00
EValue of Easement 457.00
j Value of Trees Taken 2,400.00
i Total Damages $ 30,857.00
•
Rounded To $ 31,000.00
i
i
i
•
1 PASCHIH APPRAISMLS. INC.
, ,),,._
d v.\./,.
•
LAW F i HAROLD LE.VANG'[T
[fin Mar• }p[� & Magnuson„ ARTHUR GILLEN
LeVander, (Aden, :M;Ii!er Magnuson ROGER G.
PAUL A. MAGNUbAONl1SON
HAROLD LEYANDER, JA. •
aD^ OHOVEns HANK HUII.DING • 633 SOUTH CONCORD STREET PAUL H.ANDERSON
SOUTH ET. VAUL, Nll.;nit STTA D507S • 'I LLETHONE 15121 451.1ff31 TIMOTHY J. KUNTZ •
March 29, 1976
Mr. Carl J. Jullic
Eden Prairie City Engineer
Eden Prairie City Hall
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343
Re: City of Eden Prairie vs. Calvin A. Anderson eft al
Condemnation File No. C 1382
Dear Carl: •
I am writing to you as a follow-up to our meeting last
Thursday morning during which we discussed a possible
settle2:,ent of the afore--mentioned condemnation matter
involving real estate owned by my parents, my sister
and me. After having met with you and Jess Schwartz and
obtaining further information, we have come to a conclusion
as to what we believe would be an acceptable settlement.
The following is our proposal for settlement of this matter,
to-wit:
1. We will execute and deliver to the City of Eden
Prairie a Warranty Deed for the permanent slope ease-
ment sought in the afore-mentioned condemnation action
and in addition to the afore-mentioned Warranty Deed we
will deliver to the City of Eden Prairie the sum of
$5,000.00.
2. The City of Eden Prairie will vacate and reconvey
to us, if necessary, that portion of Eden Prairie Road
which abuts our property, which parcel is designated
as Parcel A and colored blue on attached Exhibit 1.
3. The City of Eden Prairie will deliver to us a joint
tenancy Warranty Deed for the Schwartz portion of Eden
1.)30(0 (ATTACHMENT D)
;
Mr. Carl J. Jullie
March 29, 1976
Page 2 •
Road which is being vacated, which parcel is designated
as Parcel B and colored yellow on the attached Exhibit 1;
and, the City will deliver to us a joint tenancy Warranty
Deed to the Schwartz property lying northerly of the
proposed right-of-way of New ;?den Road which parcel is
identified as Parcel C and colored red on enclosed
Exhibit 1.
4. The City of Eden Prairie will deliver to us fee title
to that parcel of land lying in the Northwest Quarter of
Section 14, Township 116 North, Range 22 S:ebt, Hennepin .
County, which parcel abuts West 78th Street and Highway
No. 169 and is being reconvcyed by the State of Minnesota
to the City of Eden Prairie and which parcel is identi-
fied as Parcel D and colored green on attached Exhibit 2.
This proposal .is being made with the understanding that the
1 afore-mentioed permanent slope easement will be vacated
upon completion of improved Highway No. 169 and proposed •
Eden Road. Much reconveyance is to be made with the under-
sindi.ug that nothing will he done which will jeapordize
the integrity of the newly constructed roadway. Also this
proposal is made with the assumption that the reconveyance
of Parcel n on Exhibit 2 will not result in increased front
footage assessments for sanitary sewer, storm sewer and
water.
We believe that the foregoing constitutes a fair settlement
of this condemnation matter. As I mentioned to you on Thursday,
we arc very much concerned about the damages which will be
caused to our property by the limitation of access and the
• chance of grade in Edon Road. If we do not obtain title to
the Schwartz property our access along Eden Road will be
severely limited from what it presently is for right of
access will not begin for more than 225 feet from Highway
No. 169 and at the point where access begins the topography
of our property, even with the present grade of Eden Road,
is such that access will be difficult. As you informed
us on Thursday, the grade of Eden Road is going to be changed
which will further compound the problem. If we were to
proceed with a formal hearing before Commissioners and
possibly a court appeal we would seek damages because of
1 the, denial of access and because of the change of grade.
it
Mr. Carl J. Jullie
March 29, 1976
Page 3
li
I believe that the chances of our recovering damages
for this are quite favorable', for as you are probably
aware, the Minnesota Supreme Court has held that damages
are recoverable by a land owner in an action at law for
consequential damages resulting from action of a munici-
peli.ty lawfully changing an established grade or altering
streets. Dan.cges are also available for the taking of
access rights. This has been the law in the State of
Minnesota since Article I, Section 33 of the Constitution
of the State of Minnesota was amended in 1896.
When I previously raised the question of damages for denial
• of access and for change of en existing grade of road, you
set forth the theory that any damages for denial of access
and change of the road would be set off because of the
benefit we would be receiving because of the vacation of
Eden Road. I do not believe this to be the factual or legal
ci.rcumstancec in this case. Upon reviewing our title to
• the adjoining real estate, it appears that our title does
in fact run to the center of Eden Road as now used and that
the public only has an easement for the use of this parcel
as a public road. With the changing of the location of
Eden Road, there will be an abandoning of the public's right
to use the real estate and the real estate will automatically
revert to us. Accordingly under the Saw there is no benefit
being conveyed by the public to us. Rather there is an
abandoning of the public rights and accordingly no benefit
is being then conveyed to us. I believe that this is a
well established principle in Minnesota Law, however, you
may wish to check this point further if you so desire.
The foregoing notwithstanding, it is our desire to proceed
as expeditiously as possible to seek a settlement. It goes
without saying that the addition of the Schwartz property
to our property as well as that small parcel owned by the
City along West 78th Street will be a benefit and that is
why we are willing at this time to pay the sum of $5,000.00
in addition to the settlement offer which has been made by
the City. We believe that the settlement outlined solves
everyone's problems on this matter and works to the benefit
Mr. Carl J. Jullie
March 29, 1976
Page 4
•
of all. As a demonstration of our good faith on this matter
I am enclosing herewith a draft in the amount of $1,000.00
as a deposit for the afore-mentioned settlement.
I should add one further point before closing and that is
that it is asswned by us that when the afore-mentioned
•reconveyances are made, recordable deeds with accurate
descriptions will be delivered to us. As I mentioned to
you on Thursday when one is dealing with parcels which
abut the right-of-way of state highways there are frequent
difficulties with the descriptions and the boundary lines
and accordingly we expect that the reconveyed parcels will
be surveyed by the State or by the City and an accurate
description obtained and used in the reconveyance.
If you have any questions with respect to this offer or
wish any further additional information, please contact
me at 451-1831 or my father and we will hopefully answer
any questions which you have.
Very truly ours,
H.
Pa Anderson
PHA:em
Enclosures
a.aa°J
Q . > /01
CURVE a 1
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0 21°00' Ib' RT.
D 12° 00' 01 7 C^C . • '
T 88.51'
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R 477.45'
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/ 1, �,\�( EXHIBIT ONE OC• // 0
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EXHIBIT TWO
���.--1{ 2 J -aay 110L-4s
i (LL
221 �� p w f
I. '�� �I! •
to :fl
April 9, 1976
STATE OF MINNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The, followihlaccounts were audited and allowed as follows:
01-19-716 8519 VOID CHECK (3,500.00)
02-20-76 8750 VOID CHECK ( 18.32)
03-05-76 8875 VOID CHECK ( 14.90)
03-19-76 1027 VOID CHECK ( 221.49)
03-19-7G 1033 VOID CHECK ( 80.00)
03-19-7G 1034 VOID CHECK ( 60.00) ',
03-19-76 1060 HUNAN RIGHTS COMISS10N Seminar for Rosemary Dysinger and
Lorraine Maenke 10.0.,
1061 VOID CHECK
0 -22-76 10 STATE OF MIKNESOTA February sales tax report 33F. r
03-2i-70 1(I3 PUCI.i(: EMPLOYEES Emplcyca deductions and employer
RLTIR F;EMT I\SS0C. contributions 3-19 payroll 4,131.=i1
1061 UNI1LU WAY Employee donations withheld - 25.46
1065 FEDERAL RESERq. BANK Taxes withheld 3-19 payroll 4,338.97
1065 STATE OF MINNESOTA Taxes withheld for the month of
March 4,081.70
1067 SIDNEY PAULY Replacement of Ckf1033 - March
services 60.00
1068 WOLFGANG PENZEL Replacement of Ck#1 034• March
�/�'4//__ & services 80.00
,A VU' 1069 LES FRAN BLACKL0CK Relocation assistance payment 5,fifef:tt
�' 1070 GEORG€ & LOUISE BLOSSOM Easement compensation 875.00
1071 METROPOLITAN WASTE CONTROL
CO'r11ISSION Reserve charge for February atA 4,5G3.50
- 1072 DIANNE LUCE Relocation consultant services
for Blacklock's -0189rE0
1073 POSTMASTER Postage for mailing utility bills 50.31
04-02-76 1074 STATE OF MINNESOTA Registration of Dodge pickup 3.25
1075 STATE OF MINNESOTA Registration of Dodge pickup 3.25
1076 GRAHAM LAND CO. TRUST ACCOUNT Ernest money for Horak and Bren
properties 2,500.00
04-05-76 1077 UNITED WAY Employee donations withheld
4-2 payroll 25.46
1078 PUBLIC EMPLOYEES RETIREMENT Employee deductions withheld
ASSOC. and employer contributions 4,154.69
1079 FEDERAL RESERVE BANK Taxes withheld 4-2 payroll 4,378.6S
04-09-76 1080 ART MATERIALS, INC. Supplies i ono n9qmrag dept. 46.40
1081 ASTLEFORD EQUIPMENT Equipment pars .,..,.t vr.n .+.0 109.27
1002 A & G DRAFTING SERVICE Supplies for engineering dept.- Qa...7J 14.96
1033 A & H WELDI;iG & MFG. Equipment parts -04A sro,.ic 29.78
1034 ANDERSO AGGREGATE CO. Sato} 6./4A410V 77.95
1085 MARY 30 BAi.KE. Refund on gymnastics 8.00
1086 CINDY i:ASZUCHI Refund on gymnastics �vd, 8.00
10d7 BRUN'814 INSIRU EI:T CO. Supplies for marking park trails 84.35
1088 BLOOMI TON LOCKSMITH CO. Services-Public Safety dept.( rO'r`:=121.20
1O 9 UUEESFYL RTLOADii:6 Targets for firearm training_P,1 39.00
1090 3US1NLSS FURNITURE, INC. File cabinet for assessing dept-. 112.53
1091 BANISTER SHORT FELIOTT
HENDRICKSON & ASSOC. Services-Bryant Lake Sewer 2,173.15
1092 B & C FLOOR COVERING Consoles for new cars 10.98
1093 DONNA COUNTRYMAN Gymnastics aide services 45.00
p" t F" April 9, 1976
Ly
•
S 3
04-09-76 1094 CARGILL SALT ��/ Deicing salt 182.57
1095 CR(.CN RUBDER STAMP CO. fY Office supplies 16.20
1096 CURLE PRINTING CO., INC. Business cards for building dept. 30.00
1097 CAROLYN CASSOLAS Guitar instruction services 12.00
_ 1098 CURTIN MATHESON SCIENTIFIC • Lab supplies-Water plant 65.08
,.f•5 1099 COPY EQUIPMENT INC. Print paper-Engineering dept. 97.86
sft-"'� 1100 JAMES CLARK Reimbursement for office supplies 1.55
e; 1101 CARPET CITY Formica Remnant for Water plant 5.00
,I 1102 CIIANHASSEN AUTO PARTS Equipment parts 165.73
1103 DYPIO PRODUCTS CO. Service on Dy�ao tape printer 8.23
1'�;, 1104 DORNOLT PRINTING - ' Services for February 393.24
's ,,,9105 DALCO Cleaning supplies -...)A,t'"""'f 106.01
nor 1105 EUCII PRAIRIE FIFE RELIEF ASSOC. 1975 Citig6 share 4,645.81
I1 ,,,(1107 EDEN PRAIRIE NEWS Publications-Jan. & Feb. 244.02 i .
' ; 1108 FRAN7 F.;'ISINFERII Reproductions-Engineering dept. 68.96
' r,z ' ll03 JOIu;. HENRYFG;TEI; CO. Compressor fluid hoses-Water dept. 41.50
i s� 111J GREGG N.i.S(YI WYVJEL, INC. Air-fGre for M. Jessen 149.10
it`I 1111 01100P :i` L1H i'l.i' , INC. April insurance 499.53
'' ' 1112 N. U. 0RAIG5EP, INC. Fan & jack fcr City Hall -+-"t c 36.25
1113 OCANNF GELLIWN Reimbursement for supplies purchased 1.35
1114 GLA[IWIN AGENCY Notary commission fee.i Richardson
and Willemson 60.00
1115 GENERAL COMMUNICATIONS, INC. Bulbs and services on pagers-Fire dept. 53.80
)4 P."' --1116 GUNI#A ELECTRIC CO., INC. Services for City Hall and Parks 991.92
f At Pre,t 1117 GUY'S AUTO SUPPLY Equipment parts 3.75
6,50, S,"' 1118 GEN;ER"_ OFFICE PRODUCTS CO. Office supplies 510.75
M``W !�� 1119 GENERA/ SAFETY EQUIPMENT CO. Equipment for Fire Dept. 179.10
ate" 1120 RICHARD HOLLOWAY Health inspection services for Dec.
and Jan. 670.00
1121 HTC-SOUTH CAMPUS Food service charges for guide
plan meeting 21.50
1122 HFI1NEPIN COUNTY CENTRAL
SERVICES Homestead cards-Assessing dept. 86.90
1123 GEORGE NORAK Property purchase 116,000.00
1121 JACK HACKING Expenses and Reimbursement for
supplies purchased 90.65
1125 HOPKINS DODGE, INC. Equipment parts c4.-•1••.""°.". ` l„. 18.65
1126 HOW ARD NEEDLES TAWMEN & r,,V y s,"y~
BERGENDOFF Services-Ring Route 4,358.83
1127 INTERNAlI0cAL ASSOCIATION OF
ASSESSING OFFICER Membership dues for Robert Martz 35.00
1128 INTERNATIONAL BUSINESS
MACHINES CORP. Service agreement on typewriters 61.74
1129 CARL JULLIE Expenses for March 144.21 •
1130 MARTY JESSEN March expenses 121.43
" 1131 ELIZ:LTN JOIINSON March services 320.00
1132 JEAN JOH"SON Expenses 3.60
1133 J. C. PEN'IEY CO. Speed calibration on squad cars 17.25 •
r ' 1134 JUSTUS LUMBER ':0. Materials-Water plant & Public Works
Bldg. 71.67
,. 1135 KOEFSII
N Trophies & lettering-Park & Rec. 50.00
1136 I0 A'u1RS Repair parts and supplies 261.22 •
1137 M. E. LANE Liability insurance 275.00
1138 LEARNING CORPORATION OF 00^1*,0.1
AMLRICA Film purchase-Public Safety dept. 600.00
1139 LOCAL GOVERNMENT INFORMATION
SYSIE1i Services 1,045.57
April 9, 1976
04-09-76 1140 LAKE REGION MUTUAL AID 1976 Dues for Ray Mitchell 10.00
1141 MARV LAHTI Mileage - Fire Dept. 27.00
1142 MODERN TIRE CO. Tires and services 83.63 •
1143 JACK MCCLARD & ASSOC. Engine analizer-Equip. Maint. 1,700.00
1144 MEDCENTER HEALTH PLAN March insurance 482.30
1145 THERESE MCI!ALE Gymnastics instruction services 160.00
1146 MARSHALL & SWIFT PUBLICATION Subscription-Assessing dept. 45.00
1147 MORRIS FIRE DEPT. State fire convention for 6 firemen 120.00
1148 METROPOLITAN WASTE CONTROL
COMMISSION Sewer service chargeied Jf 6 P 13,156.90
1149 MATT'S AUTO SERVICE Towing service 3i p 25.00
1150 MERIT PRINTING Envelopes 292.25
1151 ROBERT MAR1Z March expenses 111.45
1152 3M RUSINES> PRODUCTS Service and supplies for copier-
Public Safety dept. (pai-f?"" 367.00
1153 MTNNFSC1L '. R CO. Supplies-Fire dept. 4.44
., ,. "'. ',. 1154 IICC:O NS-K!rii5 -a A,:',j1C. Services-Crceud led ,cRI. 761.00
s a Ads r e°"1155 WINNEGASCO Service 1,109.78
1,,,, 1166 xir::Esi A IL,.LT CORP. Asphalt 594.60
,3 ofm 1157 NORTH STAR DOLTS, INC. (2) Dodge pickups 7,202.36
1158 NORIH'WEST= CELL Servi;.e 176.90 •
'.a,,,,1159 NORTHERN STATES POWER Service Ay„E u d 1- G� m 3,614.38
osa 1160 OUTDOORSMIHI., INC. -1Sublic Safety dept. 160.00
1161 PACO FILMSHOPS Services-Planning dept. 3.84
1i62 PERBIX, HARVEY, SIMONS &
TI!ORFI'LISON Legal services 3,503.15
1163 PHYSICIANS HEALTH PLAN April insurance 2,227.78
1164 PITNLY BONES Postage meter-Rental 33.00
1165 I!. A. ROGERS Supplies-Engineering dept. 12.25
1165 JiM RICHARDSON March expenses 43.44
1167 ROLL TANK CO Stainless tank-Fire dept. 280.00
1168 RIEKE-CARROLL-MULLER ASSOC. Services-Preserve Area F Division, 6,218.988 •
Cty P1 Wtr
1169 W. GORDON SMITH CO. Fuel and oil 132.30
1170 SEARS, ROEBUCK & CO. Shop tools and space heaters for
City 'Hall 65.62
1171 DONNA STANLEY Services for March 81.00
1172 STANDARD EAU ENFORCEMENT
SUPPLY CO. Supplies-Public Safety dept. 58.63
1173 SCM CORPORATION Service on typewriter-Public Safety
dept. 21.00
1174 STANDARD OIL DIVISION OF
AMDCO OIL Gasoline 3,623.20
b.• ti, 1175 HENNEPIN CCONTY TECHNICAL
COLLEGE Painting-P.S. cars & Fire truck 240.00
1176 J. L. SHIP'? CO. Gravel 117.78
1177 SUDIIRG^AN i,U10 ELECTRIC Equipment parts 104.57
1178 TOWN'S LOAF FO!t), INC. Repair services and body work 564.87
1179 TELL-iI 7.Li Ribbons for terminal 9.00
1180 UNIVERSITY OF IIINNESUTA 8 firemen to date fire school 240.00
1181 UNIVERSITY or MINNESOTA Conference enrollment for
Richard Putnam 80.00
1102 UNITED FIRE FIGHTERS ASSDC. Dues for 1976 15.00
1183 UNIVERSITY OF MINNESOTA Registration for Tree Disease course
for Wes Dunsmore 410 la -45'OD
1121 ROGER ULSTAD April expenses 100.00
1185 VAUGHN'S E. P. in action display 32.50
(j.h
April 9, 1976
04-09-76 1186 WA!_DOR PUMP & EQUIP. CO. Repair pump at sewer lift station 119.10
0
1187 WESTERN LIFE INSURANCE March insurance
TOTAL 7,645.26
.Jav7.rl
.70/973�
tapia m
•
•
•
li'w
. ,
I I
CLERK'S LICENSE APPLICATION LIST
April 13, 1976
CONTRACTOR ( lelti-family & Comm.)
Virkwood, Inc. ,
CONTRACTOR (1 & 2 Family)
Houston Conslruotion
GAS FITTER
Nielson Gas lict
PRIVATE KF""Ef. LICENSE
Theodore G. Syrdth • ' 1
VENDTMC CHINES
)
The Moore Way ,,
CIGIOrrES S TOBACCO
The Moore Way
These liceses have hero approved by the department head responsible
for the licensed activity.
Rebecca Que,ncmen, Dr put Clerk
:,)/(L'
4