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HomeMy WebLinkAboutCity Council - 06/05/1979 • 1) ,611,,,,„ ,yJQI O• FRANE .,,., : f OF REVIEW TUESDAY, JUNE 5, 1979 7:30 PM, CITY HALL (continued from May 22, 1979) BOARD OF REVIEW MEMBERS: -,1 (',1`, Mayor Wolfgang Penzel, Dean Edstrom, Dave ,O LI Osterholt, Sidney Pauly and Paul Redpath BOARD OF REVIEW STAFF: �C City Assessor Bob Martz, City Staff Appraisers Lorna Thomas and Steve Sinell INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. CALL MEETING TO ORDER II. CONTINUED BUSINESS FROM MAY 22, 1979 III. CLOSE MEETING EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 5, 1979 IMMEDIATELY FOLLOWING BOARD OF REVIEW MEETING, CITY HALL '" COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director CMis.Eager; Finance Director John Frane; DirettOr of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MAY 1, 1979 Page 1409 i III. CONSENT CALENDAR A. Clerk's License List Page 1427 B. Set Public Hearing for Eden Prairie Assemblies of God Church for Page 1428 t June 19, 1979 C. Set Public Hearing for transferring of funds from years 3/4 Community Development Block Graft to ear 5 Communitt Develo ent Block Grant for the Senior Citiien enter or une 19, 197 D. Set Public Hearing for rezoning Lot 11, Block 3, Yorkshire Point Page 1429 from 1-2 to Rural for June 19, 1979 Council Agenda - 2 - Tues.,June 5, 1979 N r;r IV. PUBLIC HEARINGS Ir; .; A. Stewart Sandwiches, request to rezone approximately 3 acres from Paae man , Planned Study to 1-2 Park. The site is located in the southeast corner of Co. Rd. 4 and Trunk Highway 5 (Ordinance No. 79-17) B. Topview Acres 4th Addition by Millers, request to rezone 17 acres Page 1447 from R1-22 to R1-13.5 and preliminary plat 7 single family lots and an outlot for future platting. The site is located in the northwest corner of Valley View Road and Gerard Drive (Ordinance No. 79-109) 1 C. Neill Woods, The Preserve, request to rezone 12 acres from Rural ?age 1465 f to R1-13.5 and preliminary plat approximately27 single family lots. The site is located west of NeillLake (Ordinance No. 79-16 and Resolution No. 79-108) 11. Shady Oak Industrial Park 2nd by Richard Anderson, request to rezone Page 1483 6.8 acres from Rural to 1-2 Park and preliminary plat property into 2 industrial lots. The site is located southwest of Shady Oak Industrial Park (Ordinance No. 79-19 and Resolution No. 79-110) V. REPORTS OF ADVISORY COMMISSIONS VI. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 79-08, rezoning 40 acres from Rural to Page 1496 R1-13.5 for High Trail Estates by Countryside Investments and developer's agreement B. 2nd Reading of Ordinance No. 79-09, rezoning 3.5 acres from Rural Page 1509 to Public for construction of a church building, St. Andrew 3,�,q Lutheran Church, and developer's agreement ye �, r S. 2nd Reading of Ordinance No. 78-229, Park Dedication Ordinance Page 1087 % (Continued from May 15, 1979) & 1353 4_ 1st Reading of Ordinance No. 79-15 establishing a code of ethics or officials of the City of Eden Prairie (continued from May 15, 1979) E. 2nd Reading of Ordinance No. 79-13 for Immanuel Lutheran Church and Page 1516 approval of developer's agreement ,FIst Reading of Ordinance No. 79-20, relating to regulation of Page 1523 Ilr- '` winning pools VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Cooperative purchasing agreement with the State of Minnesota for Page 1526 speed measuring equipment (Resolution No. 79-116) 2. Discussion on policy regarding Department Head's personal automobiles ili 3. Radio communications system Page 1527 j Council Agenda - 3 - Tues.,June 5, 1979 C. Report of City Attorney D. Report of Planning Director 1. Preserve Center Addition Replat, request by The Preserve to age 1544 replat Lot 1 Block 1, Preserve Center Addition zoned RM 6.5. 1' he site is located south of Anderson Lakes Parkway across from Preserve Boulevard (Resolution No. 79-111) E. Report of Director of Community Services 1. Valley View Road Bike Trail (continued from May 15, 1979) Page 1399 "1r Receive and award bids for tree hauling truck Page 1553 s3! Ingram property settlement Pace 1554 Hidden Ponds Park site - appraisal Page 1557 Community Service Van - request to Lion's Club Page. 1562 /Lease for Eden Prairie Stables Page 1563 l: Appraisal for Milkovichlt home at Anderson Lakes Page 1577 8. Slalom Course - Staring Lake Page 1579 Tax Forfeited Land Page 1581 { ✓9 Joint Master Plan Anderson Lakes Page 1587 �� 11. Park Bond Referendum Committee Report Page 1616 /F. Report of City Engineer 1. Consider bids for water meters f' . Page 1617 2. Consider bids for Mitchell Lake Estates Improvements, I.C. Page 1618 51-342 and Singletree Lane, I.C. 51-334 `Resolution No. • 79-112) 3. Consider bids for Round Lake Estates 2nd Improvements, I.C. Page 1620 51-351 (Resolution No.-79-113) 4. Consider bids for Shady Oak Industrial Park Improvements, Page 1621 I. C. 51-344A (Resolution No. 79-114) G. Report of Finance Director 1. Payment of Claims Nos. 4285 - 4499 Page 1622 2. Request to set Public Hearing for MIOB approval for Donald Russ Page 1626 -iL in the amount of $1,350,000.00 (tabled from the May 1. 1979 ' Council meeting) 3 Request to set Public Hearing_for MIOB approval for Kirsch Company Page 162 /v !I in th amount of $1,200,000.00 VIII. NEW BUSINESS IX. ADJOURNMENT. \ • • MINUTES BOARD OF REVIEW MEETING Tuesday, May 22, 1979 7:30 p.m., City Hall • • • Board of Review members present: Mayor Wolfgang Penzel, Sidney Pauly, David Osterholt, Paul. Redpath, Dean Edstroin city•staff p Board of Review resent: City Assessor Bob Martz, Lorna Thomas, Steve Siren, Hennepin County Assessor representative l rman Benson • • The Board of Review was called to order by Mayor Pentel at 7:30 p.ta. The following citizen appeared and were heard by theBoard of Review: 1. :Mrs. Harold R. 'Fowler, 10315 Riverview Road;..phone!.ell to council member, would like to have her propertyeri 36-116-22 43 0003. 2. Mr. Michael Pliam, 9440 Eden Prairie Road, val-Ue to be reviewed 29-116-22 11 0001. 3. Mr. & Mrs. Fred Ko:ppelman, 18840 Deerfield Trail, value to be reviewed. 07-116-22 23 0067. 4. Mr. Charles, 7174 Topview. observer only, had question about ratio studies. MOTION: David Osterholt moved, seconded by Paul Redpath to reconvene the Hoard of Review meeting en Tuesday, June 5, 1979, at 7:30 p.m., motion carried unanimmusly. • • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 1, 1979 • 7:30 PM, CITY HAL • COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City AttorneL Roger Pauly; Planning Director Chris Enger; City Engineer Carl Jullie; • Finance Director John Frane; Director of Community Services Bob Lambert; and • Joyce Provo, Recording Secretary INVOCATION: City Manager Roger Ulstad • PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Osterholt moved, seconded by Redpath, to approve the agenda as published. Motion carried unanimously. - II. MINUTES • A. Minutes of City Council Meeting held Tuesday, April 3, 1979 Pg. 6, 9th para., strike "see the matter continued as he is not fully aware of the past history on this property and would like time to research this history further", and insert in lieu thereof "have a clarification on the basis on which the building permit was issued". MOTION: Redpath moved, seconded by Edstran, to approve the minutes of the April 3, 1979 Council meeting as amended and published. Motion carried unanimously. • B. Joint Development Commission/City Council meeting held Monday, April 16, • 1979 • • MOTION: Redpath moved, seconded by Pauly, to approve the minutes of the Joint Development Commission/City Council meeting held Monday, April 11, 1979 as published. Redpath, Pauly, Edstrom and Penzel voted "aye", Osterholt "abstained". Motion carried. C. Joint Planning Commission) City Council meeting held Monday, April 16, 1979 Pg. 2, 3rd para., 2nd line, after "criteria" strike "was" and insert in lieu thereof "were". MOTION: Osterholt moved, seconded by Edstrom, to approve the minutes of the April 16, 1979 Joint Planning Commission/City Council meeting as amended and published. Osterholt, Edstrom, Pauly and Penzel voted "aye", Redpath "abstained". Motion carried. Council Minutes - 2 - Tues.,May 1, 1979 III. CONSENT CALENDAR A. Set Public Hearing for Neill Woods for June 5, 1979 B. Set Public Hearing for Topview Acres 4th Addition for June 5, 1979 C. Set Public Hearing for Shady Oak Industrial Park 2nd for June 5, 1979 D. Plans and specifications for channelization and traffic signal at T.H. 5 and W. 78th Street and intersection improvements at T.W. 5 and Mitchell Road, I.C. 51-327 (Resolution No. 79-86) E. Receive 100% petition, order improvements and preparation of plans and specifications for utilities and streets in High Trail Estates, including Duck Lake Road, T.C. 51-322 (Resolution No. 79-88) F. Plans and specifications for Round Lake Area Trunk Sewer and Water, I.C. 51-315A, and Utility and Street Improvements for Round Lake Estates 2nd Addition, I.C. 51-351 (Resolution No. 79-89) G. Change Order No. 1 adding storm sewer by petition to Lake Trail Estates, I.C. 51-315 This item was approved with the understanding that the developer (Mr. Eliason) will pay for Change Order No. 1. MOTION: Redpath moved, seconded by Osterholt, to approve items A - G on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Super Valu Shopping Center at County Road 18/Anderson Lakes Parkway, request to preliminary plat and rezone from Rural to C-Commercial, 10 acres • located in the southwest quadrant of Anderson Lakes Parkway and County Road 18 (Ordinance No. 79-01 and Resolution No. 79-22) Continued Public Hearing Tom April 3, 1979 City Manager Ulstad explained notices have been sent to residents in the area informing them of this continued Public Hearing, The proponents at this time have not come to an agreement with Hennepin County or Bloomington on the intersection and signal problem, Penzel commented at the request of Mr, Steinbicker a meeting was held last Thursday which he attended along with Lyle Berg, City Engineer from Bloomington, Herb Klossner of Hennepin County and City Engineer Julliep as to the alternatives that the two cities saw for the intersection. It was quite apparent through the discussions which were held at that point that the two cities took diametrically opposed views of what could be done with that intersection. As a matter of fact, irrespective of this particular proposal for a shopping center, it did seem subsequent to that meeting we were at an impasse as to how to safety improve the intersection because the location is certainly not agreed upon. Bloomington's position is that the intersection should be 300 feet south and should absorb about 25% of the site under discussion this evening as well as preserve a home that is on the Bloomington side. Penzel feels these issues the Council will have to address and there may have to be some contacts with Mayors and/or Council members in an attempt to make some progress on this question. At the moment he does not see a solution to it. Council Minutes - 3 - Tues.,May 1, 1979 A. Super Valu Shopping Center (Continued). Memo was distributed to Council members from City Engineer Jullie outlining 4 alternative actions, (Attached as part of minutes). Ulstad stated the County Road #18 facility will be in some jeopardy if Bloomington continues to hold to the freeway standards for County Road #18. The Metropolitan Council has designated County Road #18 as an arterial road as opposed to the expressway or freeway standards that Bloomington is holding on to. Also when Bloomington updates its guide plan their transportation plan will have to be corrected before the Metropolitan Council will approve it in 1980, Jim Ryan, Ryan Construction Company, explained as far as the two entrances to the center are concerned, they are willing to work with City staff in making any adjustments necessary and feel that can be resolved, As far as dedicating 2 1/2 acres at the corner of the intersection, it would involve substantially cutting back the size of the project and would impair the economics from either their standpoint or The Preserve's, thus they can find no way to make the project work on that basis, Ryan further commented they initiated the proposed project before the Eden Prairie Planning Commission approximately a year ago and have all been working toward a solution. When meeting with Bloomington the proponents sense a desire from Bloomington to have the development on their side and have allocated acreage on that side that is set up as commercial, Super Valu looks at that as a possibility. However, the site in Eden Prairie is definitely their chosen site. Ryan further reiterated approval in Bloomington is not necessarily on the basis that solves the traffic problem or solves the signalization. In the majority of cases where the proponents develop shopping centers, the approval is given based on a commitment for funds, whether it is total dollars or partial,and that commitment has been indicated for this project. Then jointly with the City the proponents exercise whatever powers they have to initiate that site with the County, Typically that is the way it would happen the center would open within 6 months or a year, potentially the signal would go up, and if the commitment were there financially the proponents would participate or pay for the improvement. Ryan believes there is a real possibility the Center is going to be on the intersection. It may well be in Bloomington if it is not in Eden Prairie. If it is in Bloomington, the traffic situation is not going to change and they will have the benefit of the improvement whether it is their's or somebody elses. The situation from Eden Prairie's standpoint, Ryan stated? is if this happens Eden Prairie will not have the benefit of the signal, the sharing of the cost or payment by Super Valu? and Eden Prairie may well haw,. the same situation as far as any potential traffic problem is concerned, Redpath commented if the proponents or some other developer jumped across County Road #18, they would have to,co a to Eden Prairie and Eden Prairie would have to ok the same situation, Ryan explained the difference is that the developer may come to Eden Prairie after the improvement has been started as in Bloomington on zoned property they don't have to go to the Council, If it is zoned the developer can deal through staff on an accepted use Ryan believes there is a good potential that this prbposal could be approved on that basis and the traffic improvement and signalization would follow, Edstrom commented Hennepin County should take into consideration the Metropolitan Council's view of the status of County Road #18 and Pauly felt it is incumbent on the County to look for safety in their roads, Council Minutes - 4 - Tues.,May 1, 1979 A. Super Valu Shopping Center (continued). Judy Gilberstadt, 9480 Garrison Way, explained three families moved in within the last three weeks, and none of them knew a shopping center of this magnitude was being proposed behind their homes. Tom Faranda, 8680 Black Maple Drive, stated he finds it amazing the same proposal could be put forth by Bloomington on the other side of the road and have the same traffic problems Penzel responded the Bloomington plan which has been greatly executed except for the last connection, clearly indicates their intention to connect Bloomington Ferry Road with County Road 18 at the approximate location of Anderson Lakes Parkway. That road extension which is on their maps and in their plans has on its western most extension or within 200 feet of County Road 18, a 12 acre commercial site in existence, zoned today, which, when the road is connected, would have similar impact on the intersection as one on the Eden Prairie side. • Faranda commented he does not agree with Penzel's opinion,because of the way the road is located off of The Preserve he doesn't see that traffic situation. Redpath added the previous thinking is that there will be an Applebaum's in the Eden Prairie Center and people will be going through The Preserve to get there. Thus with a shopping center on County Road 18 it would cut down a lot of traffic going through The Preserve. Osterholt felt a solution has not been arrived at as how to make the intersection safe, which was the original reason for delaying action an this proposal. Further it would be a mistake to try and make it work and endanger the lives of people that might be both shopping and travelling through the area to and from The Preserve and points south, east or west, without some kind of traffic control. • Edstrom referred to items which have come before the Council this evening and felt the Council should have more time to consider same, and that the question ought to be looked into as to what appropriate legal action might be taken by Eden Prairie. MOTION: Edstrom moved, seconded by Osterholt. to continue the Public Hearing to the May 15, 1979 Council meeting. Motion carried unanimously. Pauly submitted a letter from Steinbicker asking for a trail along Anderson Lakes Parkway at the earliest possible time. (Attached as part of minutes) Council instructed City Engineer Jullie in the drafting of the plans toward the improvement of the intersection that trail plans between County Road 18 and Neill Lake Road be included. B. Olympic Hills Sixth Addition by Olympic Hills Corporation and The Preserve request to rezone approximately 67 acres from Rural to R1-13.5 prelim ni ary • plat approval of 89 single family lots and 7 outlots upon an 111 acre site, and approval of Environmental Assessment Worksheet. (Ordinance No. 79-10, Resolution No. 79-69 - prel. plat, and Resolution No. 79-70 - E.A.W.) Don Ringrose, BRW, representing the proponents, displayed a drawing as requested by the Council illustrating the land use around the golf course • and the surrounding land use on the south side down to County Road 1. Council Minutes - 5 - Tues.,May 1, 1979 B. Olympic Hills Sixth Addition (continued) Continued Public Hearing from April 17, 1979 Penzel questioned if Olympic Hills Corporation is prepared to state the City in writing that the plans as shown as far as open space is cone '4ed is to be kept in that form in perpetuity, Mike Adams, Olympic Hills Development Corporation, explained as much as he would personally like to make that commitetmit, Olympic Hills finds i.t is in a position as does any golf course, that a commitment like that would preclude any possibility of subsequent remortgaging of the property, They are holding the existing mortgage on the property i xc of soma 011ie dollars and the consent of the bank would be needed, ano Nor,!drams stat he does not think that is forthcoming. The owners would welcome the opportunity to make that kind of commitment, but it is simply one that is not a legal alternative at this time. Adams went over the changes in the golf holes and answered questions of Council members. Penzel commented the Council has asked Olympic Hills for an assurance that the golf course will not with time merely erode away, and the only thing the Council has consistently failed to get is some assurance that is not going to happen. Adams stated he feels that the Council has with everyone of the proposals he has brought before then accepted his assurance that this will not happen, and have in the past understood the reason for his inability to meet that request. Adams noted the golf course holes themselves are probably worth $150,000.00 per hole,and you can see the kind of dollars they would have to get out of the golf course in order to make it worthwhile to put lots in. They are now at a point where they have 2 1/2 million dollars of hard costs into the golf course and they are not sure under circumstances it would make any sense to turn around and make it anything but a golf course. Councilwoman Pauly felt strongly items should be completed in Olympic Hills 1st, 2nd, 3rd, 4th and 5th Additions. Adams explained the items Pauly referre to have not been completed because the areas have not been completely developed; however these are included as part of the rezoning agreement and the proponents are willing to give the necessary letter of credit or bond as the City requires. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing on Olympic Hills Sixth Addition. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to give a 1st Reading to Ordinance No. 79-10, rezoning approximately 67 acres from Rural to RI-13.5 for Olympic Hills Sixth Addition. Redpath and Edstrom voted "aye", Osterholt, Pauly and Penzel voted "nay". Motion failed. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 79-69, denying the preliminary plat for Olympic Hills Sixth Addition. Osterholt, Pauly and Penzel voted "aye", Edstrom and Redpath voted "nay". Motion carried. MOTION: Osterholt moved, seconded by Pauly, to lay Resolution No. 79-70, • Environmental Assessment Worksheet, on the table. Motion carried unanimously. Iggt3 Council Minutes - 6 - Tues.,May 1, 1979 C. Meadow Park by Faulks & Reynolds, to rezone 26 acres from Rural to R1-13.5 and preliminary p at 44 single family lots. Located north of Sunnybrook Road (Ordinance No. 79-11 and Resolution No. 79-82) City Manager Ulstad explained there is an affidavit on file calling for this Public Hearing and proper notices have been sent to the affected properties. Don Buteyn, agent for the proponent, introduced Dave Vogel, architect, and Jerry Sunde, Sunde Engineering, who spoke to the proposal and answered questions of Council members. City Planner Enger explained this proposal was considered at the March 26, 1979 Planning Commission meeting and was recommended to the Council for approval on a 5 - 1 vote as outlined in Planning Commission minutes. Osterholt questioned where the right-of-way and the land for Homeward Hills Road would not be essentially developed except on one very small portion, what would be the cost and where would the money come from? Enger responded he had talked to the proponents early on in the process and they have agreed to build or petition to build with 100% assessment to them, a first phase development of Homeward Hills Road similar to the section where Homeward Hills Road was built south of County Road 1. MOTION: Pauly moved, seconded by Redpath, to close the Public Hearing and give a 1st Reading to Ordinance No. 79-11, rezoning 26 acres from Rural to R1-13.5 for Meadow Park by Faulks & Reynolds. Motion carried unanimously. MOTION: Redpath moved, seconded by Pauly, to adopt Resolution No. 79-82, approving the preliminary plat for Meadow Park. Motion carried unanimously. MOTION: Pauly moved, seconded by Redpath, to direct staff to draft a developer's agreement including the recommendations in the Staff Report dated March 20, 1979 with the addendum added by the Planning Commission on March 26, 1979, that two separate accesses occur before occupancy of any of the units - one to the northwest and one to the northeast, and dedication of Homeward Hills Road down to Sunnybrook Road. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS A. Human Rights & Services Commission - Comprehensive study of human service needs in South Hennepin area. Rosemary Dysinger, Chairperson of the Human Rights & Services Commission, spoke to a previous request which was made to the Human Rights & Services Commission from an agency for a sum of $6,000 to $7,000, which they asked the Commission to recommend to the Council to offer to them, After studying this, the Commission concluded this was a very worthwhile and very worthy agency; however, the Commission felt there was no criteria for judging whether money should go to this particular group or any other group which might come before the Commission. At that point the Coninission felt a strong need to know how and when funds from the City should be used for this kind of thing. Shortly thereafter the Commission asked the South Hennepin Human Services Council to write a proposal which would offer a basis for making this kind of NH Council Minutes - 7 - Tues.,May 1, 1979 A. Human Rights & Services Commission (continued) a decision. SHHSC did write one at that time for Eden Prairie alone which turned out to be much too expensive. Shortly thereafter there was a meeting of the officials of the four South Hennepin cities showing that all of the cities were very much concerned about this same area. After that SHHSC prepared a second proposal which included all four cities. At this point the Commission feels we have a proposal which is an excellent one and one which has manageable costs. Smaller cities have not been asked to provide much in the way of human services, so it is worth looking at why we think it is necessary that cities begin to look at this now. Dysinger further commented everyone is aware that the County, State and Federal government are receiving funds and what funds there are, are becoming more and more restrictive in their use. In addition there is a good deal of pressure now for local decision making and funding and there is still inadequate information to base some of these decisions upon. The Commission overall feels it is imperative to know the needs and establish priorities to cooperate with the other cities in planning for services, to look for ways of funding and delivering services, and to determine how the cities can administer these. The Commission unanimously supported this proposal and recommends that the City Council approve the Comprehensive Study of Human Services Needs in Eden Prairie as outlined in the January, 1979 docu- ment, with an allocation of $3,000 to South Hennepin Human Services Council as Eden Prairie's share of the funding, and that the study be limited to a one-year period to commence 30 days after approval by the fourth City. Russ Stricker, Director of South Hennepin Human Services Council, updated the Council on the status of the project with the other three South Hennepin cities: Edina City Council has approved their participation in the project, the exact amount of their financial contribution has not yet been determined; met with Richfield's City Manager and Council representative and feel they will also contribute $4,000 and it will go before their City Council on May 14th; and have met with the representative from Bloomington, Bloomington's City Manager and staff and they are recommending $6,000 be contributed to the study. Stricker commented the remaining portion that would be left over they feel can be raised from other sources. Osterholt stated he felt the money would be better spent in serving the needs instead of funding a study, and that the SHHSC, which has been in existence since 1971, should have some idea of what services are needed and where they are needed. Stricker felt the SHHSC has been quite successful in getting quite a few services decentralized to the South Hennepin area. When SHHSC was created that was one of its primary goals to encourage decentralization of services. The thing they are looking at is that we are in a time when there is a lot of changes. Eden Prairie is going through a growth period and the other cities are going through a decline in population. This causes a shifting in terms of need. One of the important parts of the study is that it does have local control and they very much want each community to get out of the study what they most need. Doug Meyer, member of the Human Rights & Services Commission and representa- tive on the South Hennepin Human Services Council, also was present and answered questions of Council members. ,`'r`) r Council Minutes - 8 - Tues.,May 1, 1979 A. Human Rights & Services Commission (continued) MOTION: Redpath moved, seconded by Edstrom, to grant the request a the Eden Prairie Human Rights & Services Commission that a Comprehensi Study of Human Service Needs in Eden Prairie be conducted and that the Cit` allocate $3,000 for the study contingent on approval of funds from the other Southwest Hennepin cities, plus the allocation of $5,000 for staff. Osterholt spoke against the motion and pointed out at a previous meeting with the SHHSC and other members of the Council, it was pointed out that Eden Prairie's Public Safety Department was not on record supporting this proposal. The $48,000 anticipated for this study would be better spent in furnishing and servicing the needs of people rather than trying to study what they are. Redpath called the question. Redpath, Edstrom Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by Mr. Robert Bouten for an interim use of the house at 8460 Franlo Road for a dental lab Mr. Bouten, owner of the Normandale Dental Laboratory? spoke to his request and answered questions of Council members, City Planner Enger explained this item was considered at the April 9. 1979 Planning Commission meeting and was recommended for approval to the. Council of the request for Mr. Bouten to operate a dental laboratory as an interim use for a period of three years based upon the items of the Staff Report dated April 4, 1979, with an addition that an additional access from south face of the building be provided, MOTION: Redpath moved, seconded by Edstrom, to grant the request for approval of an interim use for a period of three years for Mr. Bouten to operate a dental laboratory at 8460 Franlo Road, Redpath, Edstrom, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. MOTION: Pauly moved, seconded by Edstrom, to direct staff to draft a developer's agreement incorporating the reconmiendations of the Staff Report dated April 4, 1979 and recommendations of the Planning Commission. Motion carried unanimously. MOTION: Pauly moved, seconded by Redpath, to direct Staff to develop a transition ordinance. Motion carried unanimously. Penzel suggested running the ordinance through the Planning Commission prior to consideration by the Council, VII. ORDINANCES & RESOLUTIONS A. Resolution No. 79-85, granting final approval for M.I.D.B.'s for Blackbourn/ Nicholson in the amount of $750,000.00 MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-85, granting final approval for M.I.'D.B.'s for Blackbourn/Nicholson in the amount of $750,000.00. Motion carried unanimously. /411., __I Council Minutes - 9 - Tues.,May 1, 1979 • B. Resolution No.. 79-71, granting preliminary approval for M.I.D.B,'s in the amount of $1,150,000.00 for Energy Controls/Lloyd Miller Osterholt commented the Council has set up guidelines for M.I.D.B.'s and he has had some second thoughts, particulary where we get into situations where the buildings are not entirely occupied by the holder of the M.I.D.B.'s. Feels the M.I.D.B.'s were meant to encourage businesses in the community and they have been used in that manner quite well; however, what he sees happening now essentially is an opportunity for people that really don't need the tax break to use it as a tax situation and he would not be in favor of that, and would not be an advocate of continuing this kind of development in the community on that basis. MOTION: Osterholt moved, seconded by Redpath, to refer items VII. B. and VII. C. to Staff for more deliberation and maybe a recommendation as to • how we could resolve the situation, and if it is necessary to amend the guidelines Motion carried unanimously. C. Resolution No. 79-72, granting preliminary approval for M.I.D.B.'s in the amount of $1,350,000.00 for Donald Russ See item VII. B. D. Resolution No. 79-81, finding no significant impact and ordering publication of the Eden Prairie High School/Valley View Road Extension Environmental Assessment Worksheet MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-81, finding no significant impact and ordering publication of the Eden Prairie High School/Valley View Road Extension Environmental Assessment Worksheet. Motion carried unanimously. E. 2nd Reading of Ordinance No. 78-229 relating to and establishing subdivision regulations for the platting and subdivision of land and amendin9 Ordinance No. 93, as amended and relating to procedures parks, playgrounds, public open space, storm water holding areas and ponds Osterholt stated because of the information Staff has provided the Council on what other communities are using for cash park fee figures, that we are setting our sights too low. Until we have a firm figure in mind, Osterholt commented he would not be in favor of adopting a 2nd Reading to Ordinance No. 78-229. MOTION: Osterholt moved, seconded by Pauly, to refer Ordinance No. 78-229 to the Parks, Recreation & Natural Resources Commission for consideration of the cash park fee figures and also review with other persons involved in making the recommendation, and brought back to the Council for consideratior. on May 15, 1979. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members • I. Set Public Hearing for Guide Plan • MOTION: Osterholt moved, seconded by Redpath, to set June 12, 1979, 7:30 PM, for the Public Hearing on the Guide Plan. Motion carried unanimously. Council requested that an alternate location be available in case the number of people surpass.t1ie,,ssize of the Council Chambers _.._.... , • • Council Minutes - 10 - lues.,May 1, 1979 • 2. Cable TV (Councilman Paul Redpath) Redpath reported on the Southwest Suburban Cable Commission meeting held Wednesday, April 25, 1979, and spoke to the two motions adopted by the Commission. Redpath requested the Council's adoption of these recommendations so the Southwest Suburban Cable Commission can meet again and then invite francise people to come in and appear before the Commission. MOTION: Osterholt moved, seconded by Edstrom, to accept the recommendations of the Southwest Suburban Cable Commission. Motion carried unanimously. (Attachment to minutes) John Cairns, 4744 IDS, legal counsel for Northern Cablevision, stated he wanted the Council to know when they appeared before the Council in October they represented at that time they would provide a franchise and cable service to Eden Prairie whether Eden Prairie did it by themselves or with other people and that is still the case. Northern Cablevision is ready to go with the joint powers or separately in Eden Prairie. 3. Mayor Penzel-requested that the disclosure ordinance, which he asked staff to prepare, be placed on the next Council agenda for consideratic • B. Report of City Manager No report. C. Report of City Attorney No report. D. Report of Director of Community Services Bryant Lake Park Plan (continued from April 17, 1979) Bob Lambert commented that at the last meeting the Council requested more background on the Bryant Lake Master Plan, which has now been provided. However, since that time Mr. Rodberg. 6580 Rowland Road, has gone out and staked the neighbors proposed road. Lambert stated he has walked the alignment with Councilman Edstrom; and City Engineer Jullie has reviewed the road alignment along with Lieutenant Wall of the Public Safety Department. Penzel questioned which of the three alternatives Staff would recommend, i.e., 1) the direct approach from Rowland Road adjacent to Mr. Rodberg's property, 2) Mr. Torjesen and Mr. Rodberg's alternative for a "Y" intersection with a westerly alignment from Rowland Road directly into the park which would in effect "deadend" Rowland Road into the park, or 3) Mr. Jullie's recommendation to have a direct "T" intersection with Rowland Road rather than the "Y" arrangement at the same access point as Mr. Torjesen and Mr. Rodberg's proposal. Lambert responded Staff's recommendation is for alternate 1, which is the direct approach, however alternate 3 works as well. The only reason staff recommends the direct access to the park is it would be cheaper. Council Minutes - II - Tues.,May 1, 1979 1. Bryant Lake Park Plan (continued) Lambert further responded to points raised in memo dated April 28, 1979 from the neighbors of Bryant Lake Park, i.e., 1) Fencing - Lambert agrees with the recommendation of the neighbors that fencing only be • put along Rowland Road if it was ever determined that fencing would be necessary to keep vadalism from occurring in the park. Also when the park is developed as proposed in the five-year capital improvement program,at the end of that five years the City would have a park manager probably living in the residence which may eliminate the need for fencing, 2) Trails - the neighbors have requested that we don't surface any of the existing trail plan until we use them for a year to see if they work. Lambert replied he can live with that request. However, there are a number of cuts and trails that were put in and changed and Lambert feels these ought to be graded and seeded and taken care of this year. Lambert noted the neighbors are still opposed to Rowland Road going by the park and want to see it dead- , ended into the park. Phyllis Olson, 6609 Golden Ridge Drive, commented if anybody has driven down Rowland Road they would realize something has to be done with it. Also you cannot ride a 10 speed bike on a gravel trail, and that if the traffic increases the size of Rowland Road will also have to be increased. MOTION: Osterholt moved, seconded by Redpath, to approve the Bryant Lake Park Plan with Alternate 3, a direct "T" intersection with Rowland Road, for the road alignment. Motion carried unanimously. Lambert asked if the Council would like to hold off on the paving of the trails. Council members replied in the affirmative requesting that the question of paving be brought back to the Council later on in the year, and in the meantime directed the completion of the trails with a gravel base. Osterholt reiterated the concern of the residents that the parking should be screened and set back from the lake. Lambert replied the parking is all behind the major berm which occurs down by the lake and the parking will not be able to be seen from the lake. Alfred Harrison, 6941 Beach Road, asked that the Council defer anything; that alters the natural topography until the latest moment so all of the people on the lake can enjoy the natural scenery. 2. Report on Valley View Road bike trail • Lambert spoke to his memo dated April 27, 1979 explaining at the last Council meeting the Council requested staff to provide a feasbility report on the bike trail on Valley View Road, which has been provided. Lambert commented it is feasible to put a 5 to 6 foot ag lime trail on the south side of the road from County Road 4 easterly to about for aboutthe end$6,O0,of the Councilsfeltces hisefore to bey au get to Purgatory good u MOTION: Osterholt moved, seconded by Edstrom, to refer the report from Mr. Lambert dated April 27, 1979, to the Parks, Recreation Natural Resources Conanission for review and recommendation, to be on the Council's May 15, 1979 Council agenda. Motion carried unanimously. f • • • Council Minutes - 12 - Tues.,May 1, 1979 3. Tree hauling truck MOTION: Osterholt moved, seconded by Redpath, to authorize advertisement for bids to be opened and received on May 14, 79 for a tree hauling truck. Motion carried unanimously. _ 4. Eden Prairie Stables proposals Director of Community Services Lambert spoke to the proposals received and his memo dated April 24, 1979, recommending the City • negotiate a lease with Hennepin County Area Vocational-Technical Centers. Mr. Jereczek, representing Hennepin Tech Centers, referred to their proposal and answered questions of Council members. Dave Anderson, representing the Hockey Association of Eden Prairie, commented since they are the loan proposer of anything other than an equestrian facility, if there are any questions as to why he would be happy to answer any questions. Roger Bedow, representing Sunnybrook Farm, also offered to respond to questions by Council members. Pauly questioned Mr. Jereczek if they would be pasturing horses. Mr. Jereczek responded they have agreed it would 'be a limited . access to the pasture and there would be a realignment of fences along the water not to cause erosion. Mr. Fransen, 6851 Beach Road, asked how the horse population will I compare with the horse population in the past. Jereczek responded 1 they will have at the most 35 to 40 horses. Lambert added there were 57 horses with the previous lessee. John Golle, 7039 Willow Creek Road, referred to notice distributed to residents in the Bryant Lake area which was unsigned (on file • at City Hall), and questioned the contractural agreement and how can the residents of Bryant Lake be assured what will be done with the stable operation. Lambert replied Vo-Tech has proposed a 5-year lease. One of the reason: • the Vo-Tech would be a good leasee is because of the nature of their program and 99% of their work will be done in arenas. The City did not purchase the stable to make money on it, and the Metropolitan Parks & Open Space Committee did not approve it with the idea of making money. Alfred Harrison, 6941 Beach Road, requested that every possible action be taken to make sure there is no pollution to Bryant Lake caused by the stable and horses. Lambert referred to the study done about two years ago by the Water- shed District, and general discussion took place pertaining to same. Bonita Wilke, 7221 Willow Creek Road, spoke against the over-saturation of Bryant Lake, i.e., Bryant Lake Park, Super Yalu Corporate Read- • quarters, homes, and now a proposed equestrian facility. Council Minutes - 13 - Tues,,,May 1, 1979 4, Eden Prairie Stables proposals (continued)_ MOTION: Osterholt moved, seconded by Edstrom, to continue considers- tion of the Eden Prairie Stable proposals until the May 15, 1979 Council meeting, and in the interim refer this matter back to the Parks, Recreation & Natural Resources Commission for a reuxntundatiOn. Motion carried unanimously. E. Report of City Engineer 1. Consider bids for water meters (continued from 4/17/79 Council mtg.) City Engineer Jull a spoke to his metro(dated.April 26, 1979 recommending rejection of bids for wad'meters as outlined in memo: MOTION: Osterholt moved, seconded`1y Ostrom, to reject the bids for water meters and authorize rebidding for May 25, 1E79. Motion carried unanimously. 2. Resolution No. 79-87, supporting the proposed Consumer Price indexed Fuel Tax MOTION: Redpath moved, seconded by Pauly, to adapt>Reselut n Mo. 79-87, supporting the proposed Consumer Price Indexed Fuel. Tax. Redpath, Pauly, Edstrom and Penzel.voted "aye". Oaterholt voted '" .y" :: Motion carried. F. Report of Finance Director 1. Payment of Claims Nos. 3995 - 4128 MOTION: Redpath moved, seconded by EdStrom, to approve Payment of Claims Nos. 3995 - 4123- Redpath, Edstrom, Osterholt and Penzel voted "aye", Pauly "abstained". Motion carried. IX. NEW BUSINESS None. . X. ADJOURNMENT MOTION: Redpath moved, seconded by Osterholt, to adjourn the Council meeting at 11:40 PM. Motion carried unanimously. • /1 21 • y MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: May 1, 1979 SUBJECT: Alternative Actions Super Valu Proposal Co. Rd. 18/Anderson Lakes Parkway Within the past week we have had additional meetings and conversations with B alu yan traffic signal gd Henn. Co. staffand Super at Co. Rd. 18 and AndersonVLakesRParkwaystr.) regarding the Before Bloomington will agree to any signal location other than their preferred temporary solution (350' south of present intersection) they will require Eden Prairie to dedicate the necessary R/W for a future grade separated interchange to accommodate the upgrading of Co. Rd. 18 to a free- way status. Hennepin County will not proceed with any project ntil both both- comnwnities agree on a location. Without Bloomington's approval • ty will not allow Eden Prairie a permit to install a signal, even if Eden Prairie pays 100% of the cost and no R/W is needed in Bloomington. The County is starting an E.I.S. procedure to determine the ultimate design of Co. Rd. 18. Ryan Construction again stated that they cannot stage their project to reserve R/W for a possible future interchange, nor re-orientate their that the Council for this purpose. Iniew of circumstances, it appears 1. Deny the Super Valu project, based upon the unavailability of a traffic signal to regulate the anticipCe deincrease in turn- ing movements generated by the shopping r. 2. Approve the Super Valu project and agree to make RA available + in the N.W. Quadrant for a folded diamond interchange, subject to concurrence of the Federal Government (LAWCON.) Request Hennepin County to participate in R/W acquisition in Bloomington and to construct channelization and a signal don the nithee looR/►J ingt Ferry Road alignment. Require Super Valu this alignment and contribute $70,000 toward project cost. Include trail along Anderson Lakes Parkway to the Preserve under- pass in this project. 3. Approve the Super Valu project and apply to Henn. Co. for a permit to install a signal at the existing intersection at tlCity'sncost. If County refuses permit, initiate appropriate 4. Approve Super Valu project, or some modified form thereof, and leave the responsibility with Hennepin County to make the inter- section improvements at time and location that they finally determine. ABSTRACT OF MINUTES SOUTHWEST SUBURBAN CABLE COMMISSION RECOMMIERDATION B } 25 APRIL 1979 EDINA CITY HALL COUNCIL CHAMBERS Paul Redpath MOVED the following recommendation: " The members of the Southwest Suburban Cable Commission shall officially suggest to the governing bodies of the respective cities of Eden Prairie, Edina, Hopkins, Minnetonka, Richfield, and St. Louis Park, that the elected members, or their designa- ted alternates, of each of their city councils serving on the Southwest Suburban Cable Commission, be further appointed prompt- ly to a joint powers commission which would be structurally or- ganised by the appointees to establish authority for directing joint powers action that will culminate in the granting of fran- chise responsibility to one or more operating entities for pro- viding broadband communications services (cable televisions, e.g.) to all the residents of all their municipalities. " Gene Jacobson SECONDED. CARRIED. Voting AYE: C. Wayne Courtney EDINA Ralph B. Campbell, III EDINA Bill Craig HOPKINS Bob DeGhetto MINT+GETONKA Bob Grewell MINNETONKA Gene Jacobson RICHFIELD Bob McDonald HOPKINS Paul Redpath EDEN PRAIRIE Ken Rosland EDINA Joyce Wilde RICHFIELD Voting NAY: None. ABSTAINING: John Elwell ST. LOUIS PARK Lyle Hanks ST. LOUIS PARK • Respectfully submitted, ,.9 R I 1 B. Campbe 1, III Secretary/Treasurer 4.29.79 ABSTRACT OF MINUTES SOUTHWEST SUBURBAN CABLE COMMISSION RECOMMENDATION A 25 APRIL 1979 I EDINA CITY HALL COUNCIL CHAMBERS Paul Redpath MOVED the following recommendation: " The members of the Southwest Suburban Cable Commission re- commend to the governing bodies of the respective cities of Eden Prairie, Ec1na, Hopkins, Minnetonka, and Richfield, that they authorize continuation of the cable franchising procedure recently begun by each of them, but providing that the contin- uing procedure be by joint powers action in accordance with Minnesota Statutes, and further providing that the procedure continue to be a joint powers action as directed by duly ap- pointed authority at least to the point of obtaining appli- cations for franchises by which broadband communications ser- vices (cable television, e.g.) could be provided to all res- idents of all their municipalities. " • Gene Jacobson SECONDED. CARRIED. • Voting AYE: C. Wayne Courtnel EDINA Ralph B. Campbell, III EDINA Bill Craig HOPKINS Bob DeGhetto MINNETONKA Bob Grewell MINNETONKA Gene Jacobson RICHFIELD Bob McDonald HOPKINS Paul Redpath EDEN PRAIRIE Ken Rosland EDINA Joyce Wilde RICHi ELD Voting NAY: None. ABSTAINING: John Elwell ST. LOUIS PARK Lyle Hanks ST. LOUIS PARK Respectfully submitted, P(.62, .44,‘1,3 R• p B. Campbe]�C, III Secretary/Treasurer 4.29.79 9152 Neill Lake Road Eden Prairie, MN 55344 April 22, 1979 Mrs. Sidney Pauly 17450 W. 78th Street Eden Prairie, MN 55344 Dear Mrs. Pauly: At a recent City Council meeting dealing with the Super Valu issue, you seemed interested in my comments concerning the need for a bike trail. I'd like to formalize those comments in this letter. • I believe residents of the Preserve area need a bike and jogging path along the east side of Anderson Lakes Parkway. from the vicinity of Neal Lake Road to the intersection of County Road 18. Traffic on the parkway is increasing as are the numbers of bikers, joggers and walkers using this roadway. The road has no sidewalks, no shoulders, and is a well documented speedway. As you know, Anderson Lakes Parkway is a main access route for Preserve residents. For bicyclists, joggers and walkers it is particularly important aince it permits access to Amsden Road (across highway 18). This, in turn, means safe access to Bush Lake Park, Hyland Park Preserve, a growing network of Bloomington bikeways, and routes throughout Minneapolis and suburbs both north and south. • Basic access going north is by way of the West and East Bush Lake Road overpasses of 1-494. These lightly traveled bridges are ideal for bicyclists (in contrast to bridges at 169/212, Hwy 18 and Hwy 100 which are either dangerous or impossible for bicycle use. I ask the City Council and Planning Commission to consider construction of such a path as soon as possible. The path is a logical extension of the Preserve Trail system where it passes under Anderson Lakes Parkway at Neill Lake Road and, as such, the Preserve Developers might be willing to contribute to its construction. The trail could then be constructed within the Eden Prairie Parkland adjacent to Anderson Lakes Parkway -- but running through the woods rather than right next to the road. Such a trail would be especially important if plans are approved for the shopping area at the Hwy 18/Anderson Lakes Parkway location. Since co: Mr. John Gertz Bill Steinbicker The Preserve CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION N . 79.69 RESOLVED, that the request of THE PRESERVE and OLYMPIC HILLS • CORPORATION to rezone certain land described in Exhibit A attached hereto and made a part hereof from Rural District to R1-13.5 District under Ordinance 135, as amended, is hereby denied. RESOLVED FURTHER, that with respect to the request of The Preserve and Olympic Hills.Corporation for preliminary plat approval of Olympic Hills Sixth Addition, dated January 12, 1979, as revised thereafter ("preliminary plat"), it is found as follows: • 1. The land encompassed within the preliminary plat is zoned Rural District pursuant to the terms of Ordi- nance 135 ("Zoning Ordinance"). - 2. The Zoning Ordinance requires at least five acres for construction of a single family dwelling in a Rural, District and in addition, minimum lot width of 300 feet and depth of 300 feet. 3. The proposed lots in the preliminary plat are each less than five acres in area and are less than 300 feet wide and 300 feet deep and do not meet the requirements of Ordinance 93 that the minimum dimensions and area of lots in a subdivision should be not less than those re- quired by the Zoning Ordinance. 4. The street leading to the cul-de-sac situated in the southwesterly portion of the preliminary plat is more than 500 feet from its intersection with a proposed through street to its terminus at the cul-de-sac and is not in accord with the provisions of Ordinance 93. 5. Certain of the grades of streets in the proposed plat are in excess of six percent (6E) and do not meet the requirements of Ordinance 93. ItQS • 6. Improvement of the land and construction thereon as proposed in the preliminary plat would require substantial cuts in the natural terrain and is not conducive to preser- vation of the natural features thereof and protection of the environment. 7. There is no improved hard surfaced road presently available for ingress and egress at the westerly end of the preliminar; plat. 8. The preliminary plat does not make adequate provision for separating pedestrian crcssings from the proposed road- ' ways and constitutes a safety hazard to pedestrian and golf course traffic. (' 9. Adequate provision, including an appropriate corridor for passage thereof, has not bean made to minimize the dis- turbance and distruption of wildlife, including deer, Whiff inhabit and pass through the land encompassed within the preliminary plat. - Based upon the foregoing and all of the evidence and argu- ments made and presented, the request of The Preserve and Olympic Hills Corporation for approval of the preliminary plat of Olympic Hills Sixth Addition, is in all things denied. - Adopted by the City Council of the Ctty of Eden Prairie on the 1st day of May, 1979. Ud1fiapq H, Penzel Mayor of Eden Prairie • SEAT. ATTEST; • John D, Frane, City Clerk CITY OF EDEN PRAIRIE • CLERK'S LICENSE APPLICATION LIST June 5, 1979 CONTRACTOR (1 & 2 Family) Beyond Builders, Inc. Corgard, Inc. Flaherty Development, Inc. Kenneth D. Lenzen Town & Country Builders Ron Ward Construction Co. PLUMBING • Whelan Company, Inc. HEATING & VENTILATING Air Conditioning Assoc. Modern Heating & Air Conditioning, Inc. 3.2 BEER ON SALE LICENSE Power's Dry Goods Co. WINE ON SALE LICENSE Power's Dry Goods Co. These license have been approved by the department head responsible for/the licensed activity. -77 Rebecca Quernemoen, Deputy Clerk • 11131 • • • RICHARD L. LUNDAHL , A.I.A. ARCHITECT • • • SSOi 10[O 1A41AI[ 1040 44t1 tilt ►AOItSS10O0t I91t13.il•C NH41330014. 0I0IISOI1 SS343 Itt.I113J 133 3011 tigi 2 2 19" 38 MAY 19T9 MR. ROGER ULSTAD CITY MANAGER CITY OF EDEN PRAIRIE 8950 EDEN PRAIRIE ROAD :EDEN PRAIRIE, MINNESOTA 55344 • DEAR ROGER s •• • ON 14 MAY, 3979, THE EDEN PRAIRIE PLANNING COMM!SST ON VOTED T TO ^, TO RECOMMEND APPROVAL WITH CONDITIONS, OF THE REZDNING PETS TT'QN' BY MY CLIENT, EDEN PRAIRIE ASSEMBLIES OF GOD CI+tURCH. WITH THIS LETTER I AM REQUESTING YOU TO ASK THE CITY CISUA$CIL TO S.ET• A DATE FOR A PUBLIC HEARING FOR THE REZONING OF THE LAND (3WNEI3 '8Y THE ,CHURCH AT THE S.W. INTERSECTION OF DUCK LAKE TRAIL AND COUNTY ROAD NI).4. WE WOULD GREATLY APPRECIATE THE EARLIEST POSSI'DLE DATE FOR THIS HEARING. SINCERELY, '44 RICHARD L. LUNDAHL. ARCHITECT _. 3 P CITY OFFICES/ 50 EISEN PRAIRIE ROAD!BEN PRAIRIE.MINNESOTA 55344male p; • May 31, 1979 • Mr. & Mrs. Leroy Peterson 13050 Pioneer Trail Eden Prairie, Mn, 55344 Re: Industrial Zoning on Lot 11, Block 3, Yorkshire Point Dear Mr. A Mrs. Peterson: A public hearing has been scheduled for Tuesday, June 19, 1879, at 7:30 PM , in the Eden Prairie City Mall, 8950 Fdon Prairie Road, at which time the City Council will consider rezoning the above mentioned property from 1-2 Park back to Rural. The rezoning is initiated based upon the terms and conditions of the Developer's Agreement between yourselves and the City dated August 15, 1978. (Sincerely, Chris Enger, Planning Director • CE:jj d�. cnk stewarrtsand vichesPln: 1 ,r�►� ' 16101 WEST 78th STREET , it �F • EDEN PRAIRIE,MINN.55344 11111111 PHONE 613-941-4870 EARL A.SWEEN THOMAS E.SWEEN May 9, 1979 11.uMa .. JIM BROWN ''; ,,,`"' Mr. Chris Enger DARRELL PULING City Planner ,„,,.„, Eden Prairie City Hall S.H.HOPPER,Ph.D. 8950 Eden Prairie Road asu,a.an Eden Prairie, MN 55344 a.mroa Dear Mr. Enger: We are submitting a revised plot plan identified as Long Range Master Plan for Stewart Sandwiches. This demonstrates our intended growth and building program. We have designated the proposed developements by year in accordance with your request, in order for us to obtain approval of our zoning request and the necessary building permit. We have also shown the barrier for our loading dock on the new building - 1979 - as per our discussion and a designated area for landscaping. We will also submit at a later date a landscape proposal as well as a performance bond, based upon the proposed service road arrangement. It is our intention to fully comply with all prints and agreements that we will enter into with the City of Eden Prairie. Si ly, /24A Peter A. Petrulo Vice President Operations Manager mda /l110 • ` lES°9 Minnesota y° Department of Transportation District 5 2055 No. Lilac Drive OFsiO Gorden Valley, Minnesota 55422. (612)545,3701 May 9, 1979 . Mr. Chris Enger City Planner City of. Eden Prairie 6950 Eden Prairie Road Eden Prairie, Minnesota 55343 In Reply Refer To: 315 S.P. 2701- T.H. 5 Flat review of Stewart In-Fra-Red Commissary of Minnesota, Inc. located in the Northeast 1/4 of Section 17, Township 116, Range 22 in the Southeast Quadrant of TM 5 and C.S.A.H. 4 in City of Eden Prairie Hennepin County • Dear Mr. Enger: • We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: • - Our District Hydraulics Engineer, Mr. M. J. Spielmann, would like to review a more detailed grading and drainage plan when it is available. If you have any comments or questions in regard to the drainage he can be reached at 545-3761, ext. 126. • - If possible, we would like to see the frontage road detached as much as possible at Fuller Road. It appears it could be detached an additional 50 feet without any apparent conflicts. A stop sign should be installed on the new frontage road entrance at Fuller Road. -' The proposed intersection with the new frontage road and CSAH 4 should be reviewed and approved by the Hennepin County Department of Transpor- . tation. • Our District Land Surveyor, Mr. Keith Slater, is currently platting our . right of way in this area. The land surveyor should contact him for survey information and location of ground monuments. He can be reached at 545-3761, ext. 199. An Equal Opportunity Employer • • • Mt. Chris Eiger May 9,.1979 Page 2 If you have any questions in regard to the move comments, please contact our District Layout, Research and Development Engineer, Mr. J. S. Katt.at 54543761, ext. 150. Thank you for your cooperation in this matter, Since , li/ . 7 ( . • _ . . Crawfo , P.R. District Engineer L' cc: Charles Weaver Metropolitan Council Gary Backer Hennepin County Sulveyo..'a office Doug Matson . .. — :• _ • Hennepin County Dept. of Transportation • r,. k„ STAFF REPORT MEMO: TO: Planning Commission , FROM: Chris Enger, Director of Planning DATE: April 17, 1979 PROPONENT: Stewart Sandwiches PROJECT: Construction of a fleet maintenance Facility for Stewart Sandwiches•in Eden Prairie REQUEST: Rezoning from Planned Study to I-2 Park, for approximately 3 acres of property LOCATION: The southwest quadrant of Trunk HIghway 5 and County Road 4, directly east of the existing Stewart Sandwich facility. BACKGROUND The1968 Comprehensive Guide Plan illustrates the entire southeastern corner of the intersection of Trunk Highway 5 and County Road 4 as an Industrial land use. In 1975 the County Road 4/Trunk Highway 5 Planned Study area was conducted, and this Study also illustrated the southeastern corner of Trunk Highway 5/County Road 4 as an Industrial land use. However, there is some underlying zoning that the proper- ty reverts to when the Planned Study designation lapses. On this particular piece of property, it reverts to Community-Commercial, as well as the property occurring directly in the southeastern corner intersection owned by Standard Oil Company. In the fall of 1978, Stewart Sandwiches applied for rezoning of this parcel to I-2 Park, but withdrew their application because of the tentativeness of the frontage road along Trunk Highway 5from Fuller Road west to County Road 4. Since that time, Stewart Sandwiches has been working with their industrial neighbors and has presented the City with a 100% petition for construction of a service road from Fuller Road west to County Road 4, parellel to Trunk Highway 5. The City Engineering Department is currently conducting a feasibility Study for this service road and anticipates letting the contract for construction of the road this summer. The alignment for the service road is notfirm at this time, and is subject to change as shown on Exhibit E. the site plan drawing submitted by Stewart Sandwiches. On the site plan drawing, part of the road is shown to cross over the Standard Oil parcel. The preliminary City design will allow that curve area to tighten up and draw the road in closer to the Stewart Sandwich piece thereby requiring less severance of Standard Oil parcel. However, this also draws the curve of the road in approximately to the northwestern corner of the future administration office shown by Stewart Sandwiches. It therefore seems in the best interest of Stewart Sandwiches to negotiate with Standard Oil to determine if a land swap can be accomplished, whereby some of Stewart Sandwich's unusable land which would be cut off from the road could be traded to Standard Oil in return for a severance piece created by the road as illustrated in the drawing by Stewart Sandwiches. • 1LP1 Staff Report Page 2 Stewart Sandwiches April 17, 1979 The current request by Stewart Sandwiches for zoning from Planned Study to I-2 Park is identical to the previous request by Stewart Sandwiches, which was withdrawn in 1978. The exception is that additional information as to the company's anticipated growth Master Plan for the site has been submitted. TRANSPORTATION The actual right-of-way for the service road proposed by Stewart Sandwiches and the City is being reserved by Stewart Sandwiches, but must be acquired from them as a part of the City project and assessed in total back to benefiting property owners as part of the cost of the entire road improvement. The con- struction of the road itself will be relatively expensive because of very poor • soils and the large amount of fill required toward the center of the service road near the area shown as Stewart Pond. A. benefit of the service road is that it allows traffic that must now use an unsafe intersection at fuller Road and Trunk Highway 5 to utilize access to County Road 4, which brings them to a signalized intersection. There is adequate distance between the intersection of the service road and County Road 4 and the intersection of County Road 4 and Trunk Highway 5 to allow stacking distance for a number of vehicles. The intersection of the service road and County Road 4 will be aligned with the anticipated road which will come in from the COR development, which was approved directly west of County 4 and this project. An added benefit of the service road is that it will allow access to it from the Standard Oil parcel, which lies north and west of it, and will preclude any necessary direct access by the Standard Oil parcel to County Road 4 and Trunk Highway 5 in locations which would be too close to signalized intersection and compound the intersection problems. SITE PLAN The information proposed illustrates that the maintenance building will be the first structure in the building program of Stewart Sandwiches, with additional future buildings occurring along the northern boundary of the site. However, a critical issue here is that Stewart Sandwiches requires the outside storage of semi trailers and trucks, which is not allowed under the Performance Standards of Ordinance 135. The Ordinance states that any vehicle over 3/4's of a ton in size must be stored within a completely enclosed building. Since Stewart Sandwiches is not a Planned Unit Development, it would have to proceed to the Board of Appeals for this actual variance. However, if appropriate screening can be accomplished, the Planning Commission may choose to make a recommendation to the Board of Appeals. The site plan, as proposed, seems to indicate that at some time in the future the anticipated building will adequately act as a screen of the outside trailer storage area and parking lot for Stewart Sandwich development. However, in the interim; screening of 14' high semi trailers may be very difficult. GRADING AND SCREENING The preliminary grades proposed for the maintenance building indicate that the finished floor elevation of 874.6 will notch the building about 10' down into the side of a bank. This grade separation, in combination with screening of mechanical equipment on top of the building, and in combination with border IU',IJ Staff Report Page 3 Stewart Sandwiches April 17, 1979 plantings which should be submitted as a landscaping plan prior to building permit issuance, should adequately screen the building, parking and semi-truck trails from views occurring from the north and northwest. However, traffic westbound on Trunk Highway 5 will have an uninterrupted view of the maintenance building and all of the parking and trailer trucks from a point approximately directly in front of the existing Stewart Sandwich building all the way up to a point perpendicular to the proposed maintenance building. This is a total distance of approximately 700'. The only screening illustrated which would interrupt this sight line would be the long linear central future addition building. However, we are given no indication as to when and if these buildings will be constructed. Therefore, screening of the parking area and the maintenance facility, as well as the proposed outside storage of trailers, may be accomplished in several ways. •One method would be to utilize the poor soil material and any additional material necessary that would be coming out of the construction of the service road as berm material in the future front yard of the long linear future addition. However, the height of this berm may have to be excessive, and would have to be studied by Stewart Sandwiches as to its acceptability. The other alternative may be to utilize the proposed maintenance building itself as much of the screening. An example of this would be to slide the proposed maintenance building approximately 100' to the east,still grading the notch back into the bank as was proposed to construct . the building and to extend wing walls out from the building as necessary to interrupt sight lines to truck parking and loading areas. Either alternative must be evaluated and pursued in detail by Stewart Sandwiches and any additional alternative which they may propose will also be reviewed. However, the screening of the semi • trailers both now and in the future is critical to the recommendation for the variance from the outside storage requirement. ORDINANCE REQUIREMENTS • • Since the surrounding land use bordering Stewart Sandwiches is all non-residential, the anticipated use as shown does seem compatible. However, the set backsinthe I-2 zone are as follows: the front yard is a minimum of 50', with the side yards being 20' each, a rear side yard setback of 25' is required. All mechanical equip- ment located on top or beside the building must be screened, with the extension of parrapet walls or landscaping in the case of on grade mechanical equipment. The location shown for the future addition may have to be varied based upon the impact of the setbacks if the road location as proposed by the City Feasibility Study moves further south. Zoning procedures require that the proponent submit design development stage • architectural elevations to the Planning Commission for review. The proponent has not submitted the elevation, therefore the specific requirements of Subdivision 2.7 of Ordinance 135 must apply. They are as follows: "All sites and structures within all districts except the Rural, R1-22 and R1-13.5 shall be developed in accordance with plans and specifications prepared by a registered professional landscape or building architect respectively. Exterior building finishes in these districts shall consist of materials comparable to grade and quality of the following: 1. Face brick. 2. Natural stone. 3. Specially designed pre-cast concrete units if the surfaces have been intrically treated with an applied decorative material or texture. • 14'i I .. Staff Report Page 4 Stewart Sandwiches April 17, 1979 4. Factory fabricated and finished metal framed panel construction, if the,; panel materials be any of those named above - glass, pre-finished metall- other than unpainted galvanized iron or plastic." ` In addition, the screening requirement of Ordinance 135 requires that all loading bays be screened from public view.This is particularly important in the application for the proposed maintenance building. FINDINGS AND CONCLUSIONS 1. The proposed rezoning from Planned Study to I-2 Park is consistent with the Comprehensive Guide Plan, 4/5 Study, and the suggested 1977 Guide Plan Update 2. The construction of the proposed service road is in the City interest. The actual location of the road is being determined at this time through a Feasibility Study by the City Engineering Department and will effect the ultimate placement of the future addition buildings by Stewart Sandwiches. 3. Outside storage of trucks of over three quarter tons in size will require a variance by Board of Appeals, but may include a recommendation for • approval or denial from the Planning Commission. 4. The future site plan as shown by Stewart Sandwiches is anticipated but no time frame is given. Since the screening of the truck and parking area is dependent upon the future buildings, interim screening should be pro • - vided through the modification of the site plan and additional structural screeningand,or,inclusion of berming and landscaping within the future front yard setback to a height consistent with the height of the semi trailerslin order to interrupt the sight line from Trunk Highway 5. 5. The cash park fee of $1200 per acre shall he paid at time of building permit issuance for the 3 acres to be rezoned. 6. It may be appropriate to withhold rezoning for the area shown as right- of-way for the service road, since it will be used for roadway purposes not industrial purposes. 7. The plan must be reviewed by the Riley/Purgatory Creek Watershed District. • RECOMMENDATION The Planning Staff would recommend approval of the rezoning from Planned Study to I-2 Park for approximately 3 acres of land, subject to the Findings and Conclusions of this Staff Report, with detailed information on screening to be submitted for review and approval prior to building permit issuance and subject to favorable approval of variance requested from the Board of Appeals. CE:ds 14, • • approved Planning Commission Minutes 7 - April 23, 1978 . (6 MEMBERS PRESENT, Martinson absent) Bearman left the meeting at 10:05 PM, with Vice-Chairwoman Retterath conducting the remainder of the meeting. F. STEWART SANDWICHES, request to rezone approximately 3 acres from Rural to 1-2 Park and approval of variance to allow temporary outside storage of • vehicles in excess of 3/4 ton. The site is located west of the present Stewart Sandwiches building at 16100 West 78th Street. A public meeting. • The Planner discussed the background of the proposal, explaining that one of the reasons this request was withdrawn after first submission was because of Fuller Road. Stewart Sandwiches, along with the other industries, have fpemsne nFted Roadi4r, parr ellee lc ono sTrunkiHighhwf aya 5.rvice road The Planner also discussed the outside storage issue, exxplaining that nthetbeen p time frame for the construction of the future pros given, and the screening of the truck and parking area is dependent upon the future buildings, therefore interim screening should be provided. Mr. Pete Petrulo, Vice-President-Operations for Stewart Sandwiches, explained the reason for their request Is growth, and assured the Commission that Stewart Sandwiches will do anything within reason to comply with City requitrmeuLS. Bentley inquired whether a request for variance on outside storage could properly be acted upon by the Planning Commission. The Planner respondeii that Coutside omnissionofeels will thathave I 2 zoningnwithba variance Board isfreasonable.if the Planning Bentley suggested that if this variance is recommended to the Board of Appeals, that it also contain recommendation for review within a period of three to five years. • Levitt questioned whether screening any kind of outside storage was possible 17 because Highway 5 runs above much of the land along Highway 5. The Planner suggested that more complete information on screening be submitted. • MOTION: Bentley moved to continue the Stewart Sandwiches proposal to the meeting of May 14 and request more information concerning screening plans for the outdoor • storage area. Torjesen seconded, motion carried 5-0. VI.OLD BUSINESS The following items were briefly discussed: control of violations to the City Ordinances. upgrading of Highway 5; and builder's responsibility to clean up after construction. VII.NEW BUSINESS A. Cancellation or rescheduling of the 2nd meeting in May, May 2$ (Memorial Day) MOTION: Torjesen moved to cancel the May 28th (Memorial ')ay) meeting. Bentley seconded, motion carried unanimously. VIII.PLANNER'S REPORT - None. IX.ADJOURNME.NT MOTION: Torjesen moved to adjourn at 11:00 PM, Levitt seconded. motion carried Unapproved Planning Commission Minutes - 3 - May 14, 1979 ALL MEMBERS PRESENT • A. Eden Prairie Assemblies of God Church. . .continued Public Meeting (cont'd) MOTION: Bentley moved to recommend approval of rezoning of 10 acres from Rural to PUBLIC for construction of the Church per staff report of April 12; 1979, information dated May 11, 1979; letter dated May 8, 1979 received from Hennepin County Department of Transportation; and with the additions to the staff report of No. F: Additions to or major changes in the proposed plan would require Commission review prior to building permit issuance; and No. 1 Construction of permanent active recreational use not be sited south of the parking lot. Retterath seconded, motion carried unanimously. B. STEWART SANDWICHES, request to rezone approximately 3 acres from Rural to I-2 Park. The site is located west of the present Stewart Sandwiches building at 16101 West 78th Street. A continued Public Meeting. me. Max Kettleweil, Stewart Sandwiches, presented the revised first phase building program for the four year expansion program which they have done and are submitting tonight. He explained that Stewart Sandwich is on a 15% growth rate and they have presently outgrown their present site. The need for the variance for outside storage would be eliminated through their building program, and they are adding a wing wall and shrubbery for screening purposes. Mr. Petrulo, Vice-President - Operations for Stewart Sandwiches, explained that their intentions have been submitted in the letter dated May 9, submitted • with the revised plans. Levitt asked whether the Planner had any comments on the updated plan. The Planner responded that the phasing plan was excellent, and he felt it was important that they included the wing wall. He commented that the reason for the variance previously requested was no longer present. MOTION: Bentley moved to recommnend to the City Council approval of the request for rezoning of 3 acres from Rural to I-2 Park, subject to revised plan of May 8, 1979, staff report dated April 17, 1979, and letter dated May 14, 1979 received from the Minnesota Department of Transportation. Gartner seconded, motion carried unanimously. • C. SCHOENFELDER PUD, request by G. P. Schoenfelder for Planned Unit Development Concept approval for 46.3 acres zoned Commercial and Rural for uses of commercial and office purposes. A Public Hearing. • Mr. Rick Sathre, McCombs-Knutson Associates, Inc., presented overlays of the location, existing land use, and pointed outthe soil types, sloped areas, and explained thataccess from all eleven sites is obtained from Valley View Road, and that no other access is anticipated to the West, but feel they can work with the staff recommendations by slight adjustments in the grading and alignment in order to gain sight distance. He discussed dedication of approxi- mately 11 acres out of the 46 acres as public open space, of which about 8 of the 11 ares was located in the flood plain. and that fill from one part of the site will be used in the northern part of the site. They are proposing about 20% filling of the flood plain, because the economics indicate building in that area, and they are contacting the DNR and the Watershed District, if the City approves their plan. /437 A • • STEWART SANDWICHES 16101 Hest 78th Street Eden Prairie, WI 55344 Submitted By Peter A. PeUMu?o • . SUBMISSION REQUIREMENTS: B. Specific Plan Requirements • 1. Ownership - Stewart In-Fre-Red Comissary of Minnesota, Inc. Thomas E. Sween, President - 1600 Bohns Pt. Rd., Wayzata, Mil 55391 2. Developer Stewart In-Fra-Red Coiit1Bsary of Minnesota, Inc. 16103 West 78th Stvwlet, Eden Prairie, lta 55344 3. Fiscal, Economic Stewart will privately arrange all financing 4. Development Methods • . Stewart will actually construct the project and cooperate on the exit drive to County Road 4 5 Identify boundries and conditions 6 Drawing and Plat Exhibit A 7 DrzW'g Exhibit F Drawing Exhibit C Location Map Exhibit D 8. Existing Land Use and Occupancy Plan Study - Vacant 9. Existing Transportation Systems Public buses, car and car pool 10. Existing zoning Planned study adjacent to industrial 11. City Guide Plan Framework Industrial 12. Critical Public Decisions - 1 - • 12. (continued) Critical. Public Decisions In conjunction with our long-range plans:'we are r nesting that this parcel of land be zoned i-2 with a variance of Subdivision 2.6, dt. allowing us outside storage for our vehice es inu excess of 3/4 ton: until all future construction is compl.eted. our plans as Swt ittod, demonstrate our concept and willingness to conceals hide and cemouflage our vehicles with grading, buildings, and trees as crcumrstances dictate. C. Site Area Drawing Exhibit E • • Iw • • • • • �. lt1i` 3t is further agreed that first parties grant a ten (10) foot • easement across the North end of remaining property (abutting and South of 60' strip) for access and roadway construction. (Required by Hennepin County Department of Transportation to align access with access and roadway directly to West of County Road 4). Second party grants to first parties access to and use of any roadway and access to Highway 4 from first parties parcel directly to the South. Second party agrees in consideration hereof to pay any costs • connected with recording or registering this easement and cost Of,arty survey updates, and updating of legal description by surveyor i!er:fi'rst • parties remaining parcel to the South, if required, but not confined to these costs should any other cost arise to accompl'itt the graniing:of subject easement. • • ht�tlLl = K • .i January 4, 1979 TO: City of Eden Prairie FROM: Fuller Road-Highway 5 Eden Prairie Property Owners PETITION The undersigned hereby petition the City of Eden Prairie to take action toward the solution of the hazardous access problem at Fuller Road and State Highway 5. • We are in common agreement that the above-stated intersection is a hazard to both the companies and their employees who use it. We are also all in agreement that the situation must be solved as soon as possible. • We further believe that the project should include properties to the east of • fuller Road; namely, as far east as Water Products, Inc. • It is also agreed that in the eyes of the undersigned the solution to the problem This willi iprovide aucontrrolledalongaccess toState g and yfrom wes 5 from ftbound State Highwauller Road to Couny5Ratoadthe. • County Road 4 intersection. • In addition, it is understood that Stewart Sandwiches is willing to sell the necessary land to make this project a reality. It is further understood by the undersigned that each benefiting property owner, , those named below, will be assessed on a per acre basis for the costs incurred by the city for this project. The preliminary estimates for the County Road 4 . to Fuller Road section were presented as $109,000 or approximately $1,800/acre figuring there are 60 acres benefiting from the project. Definite costs will be determined upon the completion of the city's formal feasibility study. At that time, the city will present their feasibility study to the undersigned for their • final acceptance. Lastly, we want to re-emphasize the urgency needed to soles thi•s ituation. Mr J k d )to 1 Tank Co. fir. Tom Sit en - Stewart Sandwiches • Mr.John lay - er Laboratories, Inc. lir.{�1 �,a ,�,ks f-Rose1�ood Corp. Mr. Jerry Qlsenl Campion Products ` Mr. Riccard Gram - Northwestern Bell • rry JJ hn oon'-Kibbcy Engineering - Mr. Harlan McGregor - Standard Oil Co. (,i.• • ... . Mr. Glen Reed - Water Products �( P. ... .. .. . w....` hill 1 • January 4, 1979 TO: City of Eden Prairie FROM: Fuller Road-Highway 5 Eden Prairie Property Owners PETITION The undersigned hereby petition the City of Eden Prairie to take action toward the solution of the hazardous access problem at Fuller Road and State Highway 5. We are in common agreement that the above-stated intersection is a hazard to both the companies and their employees who use it. We are also all in agreement that the situation must be solved as soon as possible. We further believe that the project should include properties to the east of Fuller Road; namely, as far east as Water Products, Inc. It is also agreed that in the eyes of the undersigned the solution to the problem is a service road running along State Highway 5 from Fuller Road to County Road 4. This will provide a controlled access to and from westbound State Highway S at the County Road 4 intersection. In addition, it is understood that Stewart Sandwiches is willing to sell the necessary land to make this project a reality. It is further understood by the undersigned that each benefiting property owner, those named below, will be assessed on a per acre basis for the costs incurred by the city for this project. The preliminary estimates for the County Road 4 to Fuller Road section were presented as $109,000 or approximately $1,800/acre figuring there are 60 acres benefiting from the project. Definite casts will be determined upon the completion of the city's formal feasibility study. At that i.ime, the city will present their feasibility study to the undersigned for their final acceptance. Lastly, we cant to re-emphasize the urgency needed to solve this situation. Flr. Jack Eide - Roll Tank Co. it Tom Swee - t Hr. John Hay - Fuller Laboratories, Inc. *41E7 #owar tad - '44senoo. orp. •r. Jerry sen - {hampion 'ro ucts hr. Richard Graham - Northwestern Dell Mr. Larry Johnson - Kibbey Engineering . Hr. Harlan McGregor - Standard Ohl Co. lIr. Glen Reed - Water Products Irle�'� c'. . - •` Sketch for Stewart Sandwiches end Pizza in the Northeast 1/4 of Soctlon 11-11f3-22 . 9,5•• AFgof.; -/ of Six.fa ' ' / : 'rw'fb/me d a4ffi of --a.SSAtdr r, Pf o/*sr 0:2# b/ $ of a e/ 1 ht.$of Sec,tr•m rt s/bfr Kiwi ffprkm r Ka A' mgrab i of dcecn4td of"Mete/At of Abe/ y„♦ rr•xe-st tto c.f 1.ofe irce drd oa Dos.A$, N. r -+0' 1'N se�� • oir.ok . a� ltrt erfl.k Aft o1 -• are 5eo7ocf: .y I "�� aryl/r ',d. .—.S41ir-----"t 3zi e,red021. __. � Jot.it? . ✓cAtt 1 _.ate_ 'r"a"r I II 0.ZS'MOPs /. �,aev.,el f.v .* 1 / .t AFe aeraft r + ' 1 I 1 .`Y e,,Rrraoa of ! "r faf✓s 'i * •� — •. _ ^Ste .4.•HE H s,yt.r-r {i 4 1..3 M extfa rd. _ xs u i I '-:IS"".., I. :70.,,..y.„,..4.4,s.1, ' r ties j p r y i 1! a ,� ono ' al Sac./r mc•rri i " r••k eP,vrolle/,wk. /h !. , t 1 ere sesf Err et r +, SK /r•/rr87 I 1 I -eror14 hoe of+lit t6 of rsLe t .YE.b el hie IirHL a/!'«/ -•Y6-tt • 1 , Scam: i" _ 200' tacrtlen ». 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X.4 n ...• 4 v,11. t. r i" •u M w fl2f' ar}-!r-w y :ntr ; • a:s uiw• ,soroorl " ' e y .A� ... yl.trluY urarss.3'•+y orya rt:•' ' 4 0 a g 'I::: • tw I' `► J • 8 J k i y tollstz •. r k..c1) _ .-7. 7 . ) "I . 7'.1 4C'i .1...•‘.••.,,,... , . A A. '.. J ' q 4Mµ 1._ ! ,fF y I r 1 = F ,r, 7 e ,. ,. • • A"' N • .. ; =fr% ..1 • ,AV _A V�- 1 • LOCATION MAP • 19 to STEWART SANDWICH EXPANSION • }ant' .. . j' ---:1-•--• -:,:1;J:•.;,.1,:.1r.rtf: -,--=' ''i3 Tip ,2+.J. l :--$ 1('.'ZA ,•-• ..r'.1 .l + y 1t-1 we; siiif--;-14`�_ p ii't•• -�: -'1-e—./ .l P+. .S any' i,� 1 E rf: < ,. •• r , ......... . ..:::,::'...7..' I'..t.i.-6.5 G fi-,4--1.!,;=`.1,2•fre i Plik 13 g 1) . • r , E B i. , }978 .--r-•„ -��... ,.• -b- , .....a--'+.... _j I i1 lilt 6�.. „. • • EDEN PRAIRIE PLANNING COMMISSION MINUTES approved : MONDAY, APRIL 9, 1979 • 7:30 PM, CITY HALL COMMISSION MEMBERS PRESENT: Chairman William Bearman, Liz Retterath, Oke Martinson, Matthew Levitt, George Bentley. . Hakon Torjesen, and Virginia Gartner COMMISSION STAFF PRESENT: Chris Enger, Director of Planning Donna Stanley, Planning Secretary • PLEDGE OF ALLEGIANCE - ROLL CALL. . .• I. APPROVAL OF AGENDA The following items were continued to the April 23, 1979 meeting at the request of the proponents.• V. A. Neill Woods, by The Preserve B. Preserve Center Addition Replat C. Shady Oak Industrial Park 2nd Addition, by Richard Anderson VD, 1opvlew Acres 4th Addition by Millers • MOTION: Retterath moved to approve the Agenda as published and amended. • Gartner seconded, motion carried unanimously. II. MINUTES OF THE MARCH 26, 1979 MEETING Pg. 1, High Trail Estates, para. 2, last sentence; add "existing" before "Honeysuckle Lane". Pg. 2, Meadow Park,para. 2, delete "also that"; add "has a hazardous intersection at U. S. Highway 169." - Pg. 3, para. 7, add "Sundeen responded affirmative, it is contemplated for the project". Pg. 4, para. 1, sentence 4, delete "that the recommendat*on would be to . cul-de-sac Sunnybrook Rd. to Highway 169 and". Pg. 4, para. 4, delete "requested continuance of the project until"; add "stated that this project should be continued until purchase of " • Pg. 7, para. 1, last sentence add "of" before "benefit". Pg. 7, para. 5, add "Putnam responded negative, and explained how the trade- offs on the former projects occurred. Pg. 8, para. 3, delete "much". • • I°itl 'approved Planning Commission Minutes - 3 - April 23, 1979 ' 6 Members present, Martinson absent • A. Neill Woods continued public hearing (continued) The Planner pointed out that the subdivisions to the north and west have met the Ordinance, and did not feel that variances should be granted in this development. MOTION #1: Bentley moved to close the Public Hearing on Neill Woods. Gartner seconded, motion carried 6-0. MOTION #2: Bentley moved to recommend to the City Council approval of the rezoning from Rural to R1-13.5 based upon the plat of 3/1/79 and staff report of April 17, 1979 with the following modifications: elimination of no. 3 of FINDINGS AND CONCLUSIONS of staff report; emphasis on further consideration • by the staff an the 90' frontage question prior to submission to the City Council; and a strong recommendation that no variances be granted on this subdivision. Gartner seconded, motion carried 6-0. . • MOTION #3: Bentley moved to recommend to the City Council approval of the preliminary plat dated 3/1/79 based upon the staff report of 4/17/79, with the above mentioned modifications. Retterath seconded, motion carried 6-0. B. PRESERVE CENTER ADDITION REPLAT, request by The Preserve to replat Lot 1, • Block 1, Preserve Center Addition, zoned RM 6.5. A continued public hearing. • The Planner explained that this area is zoned for townhouses, and that the technicalities of the Anderson Lakes Parkway and Preserve Boulevard intersection are being worked out and are subject to review by the Planning Commission and the City Council when an actual project is proposed for the area. Mr. James Hill, Planning and Engineering Consultant for the proposal, agreed to work with the Engineering Department in working out the realignment of the Anderson Lakes Parkway and Preserve Boulevard intersection. He explained . that they were splitting the existing road and providing right-of-way for Preserve Boulevard, and that this is the reason for their present request for replatting. • . MOTION #1: Torjesen moved to close the Public Hearing on The Preserve Center Addition Replat. Gartner seconded, motion carried 6-0. MOTION #2: Torjesen moved to recommend to the City Council approval of the replat dated March 1, 1979 based upon the staff report of April 17, 1979 with the following modifications: elimination of no. 3 of FINDINGS AND CON- CLUSIONS of the staff report; no variances be granted on Outlot A; and addition of no. 5 - the Planning and Engineering staff work out the realign- ment of Preserve Boulevard and Anderson Lakes Parkway to make an acceptable interchange. Gartner seconded, motion carried 6-0.. C. TOPVIEW ACRES 4TH ADDITION, by Millers, request to rezone 17 acres from P1-22 to R1-13.5 and preliminary plat 7 single family lots and an outiot for future platting. A continued Public Hearing. Mr. Jerrold Miller presented his plan for the area. and explained that they • felt the park should be located in Topview Acres. He spoke for his neighbor. . . . • :approved Planning Commission Minutes - 4 - April 23, 1979 • C. Topview Acres 4th Addition outlot for future platting (continued) . Mr. Larry Hanson, 13008 Gerard Drive, who opposed the trailway proposed parellel with the northeastern property line of the 17 acres. Miller questioned the requirement to dedicate 17' of right-of-way for a total of 50 feet front C.S.A.H. 60 centerline by the County, because it will affect his house. The Planner explained that there have been requests for a park in the area, and the Miller site had been considered by the Community Services Department for a pa;k site, but was not chosen. Miller explained that he has no immediate plans for the area to the north, and prefers any access be provided through the southern part of his land for trail access. •Levitt questioned the requirement of an easement when there is no park located in that area. The Planner responded that the Council is close to deciding on a park location here, and that either of the cul-de-sacs could provide access to the park. Various sized trails and their composition were discussed and the Planner explained the occasions where certain widths are required . Ten feet . of easement on either. side of an 8' path is recommended in this proposal. Mr. Paul Danicich, 7145 Gerard Drive, commented that he lives between the two cul-de-sacs, and has been under the impression that this was going to be a park, and felt that a park was needed in this area. Torjesen asked what the dedication requirement was for a developer. The Planner responded that a mini park is recomended by the City for every 50 homes in a subdivision. The Parks, Recreation and Natural Resources Commission is in the process of re-drafting the Cash Park Fee Ordinance, • which provides for monies to be used in park development. Bentley questioned how an easement could be approved when the location of • the park site was still undecided. The Manner felt the plan should include an easement for access. MOTION #1: Levitt moved to close the Public Hearing on Topview Acres 4th Addition plat. Bentley seconded, motion carried, 6-0. MOTION #2: Levitt moved to recomnend to the City Council approval of the rezoning from R1-22 to R1-13.5 based upon. the plan dated March 21, 1979 and staff report of April 16, 1979 with the following modification: addition of no. 5 to the FINDINGS AND CONCLUSIONS that an alternate plan for the purpose of a pedestrian trail be included - (a 20' easement be granted to the City in the southern cul-de-sac area). Bentley seconded, motion carried 6-0. , Miller questioned requirement of land dedication and cash park fee. The Planner responded that the.City can request 'land for scenic • ,___, approved Planning Commission Minutes ., 5 R April 23, 1979 C. Topview Acres 4th Addition. . . .platting (continued) . .easement for the purpose of control`or protection of the area, and to li . •, : also require the cash park fee. MOTION #3: Levitt moved to recommend to the City Council approval of the • preliminary plot dated March 21, 1979 based upon the staff report of . . April 16, 1979, including the inclusion of no. 5 to the FINDINGS AND CONCLUSIONS as listed in MOTION #2. Bentley seconded, motion carried 6-0. I A 5 minute break was called for by the Chairman. D. SHADY OAK INDUSTRIAL PARK 2ND, by Richard Anderson, request to rezone 12.9 acres from Rural to I-2 Park and preliminary plat property into two indus- trial uses. A continued public hearing. The Planner explained that the City's consulting engineers are in the pro- cess of doing a feasibility study on'the construction of Shady Oak Road. - Mr. Richard Anderson presented background of his first Addition of four building sites, and summarized his present request. Torjesen inquired whether the proposed alignment of Shady'Oak Road is consistent with the way it will connect with Valley View Road. The Planner responded affirmative, and that we do have the dedication of Valley View Rd. The floor area ratio was discussed, and the plan complied with the Ordinance. • Bentley inquired what the policy of the City was for sidewalk construction in this type of zoning. The Planner explained that in an industrial park there are usually no places to walk to, therefore they are not proposing sidewalks at this time. The City does have adequate right-of-way. Dearman asked whether there were any large trees in the,area. Anderson res- ponded negative, MOTION #1: Bentley moved to close the Public Hearing on Shady Oak Industrial Park 2nd. Retterath seconded, motion carried 6-0. • MOTION #2: Bentley moved to recommend to the City Council approval of the rezoning from Rural to 1-2 Park based upon the revised plat of April 23, 1979 and upon-the staff report of April 17, 1979. Gartner seconded, motion carried . 6-0. MOTION #3: Bentley moved to recommend to the City Council approval of the preliminary plat based upom the revised plat of April 23, 1979 and staff report of April 17, 1979. Gartner seconded, motion carried 6-0. STAFF REPORT MEMO: TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: April 16, 1979 PROPONENT: Jerrold and Mary Miller REQUEST: Rezoning from R1-22 to R1-13.5 17 acres, and preliminary platting of approximately 5 acres PROJECT Project is located in the Topview area of the City, directly LOCATION: north of Valley View Rd., and west of Gerard Drive. REFER TO: 1968 Comprehensive Guide Plan, 1977 Guide Plan Update, Zoning Ordinance 135. BACKGROUND Both the 1968 Comprehensive Guide Plan and the 1977 Guide Plan Update illustrate 'this area,lying west of Gerard Drive,as low density residential development. Existing zoning on the property is R1-22, which allows single family development on 22,000 sq. ft. lots wthout sewer and water. The property to the east of this, known as Topview Acres, is also zoned R1-22 with lots in the half acre range. The site is currently accessible to sewer and water utilities,and since the lotsrange in size from 16,200 sq. ft. to 31,000 sq. ft.,the proper zoning category would be the R1-13.5 category. The site contains no public water wetland designations, although it does border on the now dry lakebed of a small ponding area to the north of the plat. The 1968 Comprehensive Guide Plan showed this ponding area in open space and the Cardinal Creek subdivision that the Planning Commission most recently reviewed did dedicate this area to the City for ponding purposes. Dedication of that area occurring be- low the 880 contour on this plat would be appropriate. The proposal does not fail within a flood plain or shoreland area and does not require an Environmental Assessment Worksheet. ORDINANCE REQUIREMENTS All iots,with the exception of lot 3 have correct frontage on the proposed street• Lot 3 should be modified prior to final platting to bring it into conformance with City standards, to 90' of frontage. The Ordinance designation R1-13.5 requires a minimum 13,500 sq. ft. lot size, which this proposal is well in excess of. The subdivision of this Ordinance also requires a maximum of 2 units per acre The overall future piatting.when taken into context with the current proposed platting,gives an overall gross density of 1.35 units per acre, which is certainly consistent with the zoning sub- division and the character of the surrounding area. Staff Report - 2 - April 16, 1979 Topvlew Acres, 4th EXISTING SITE CHARACTER SOIL: The soils of the site are made up of the Burnsville and Kennebec series. The Burnsville soils occur on the slopes and the Kennebec soils occur in the lower area. The water table for the Burnsville soil is expected to be below ten feet throughout the year, while the depth of water table for the Kennebec soil is generally a depth of 5 feet or below,but is subject to brief periods of ponding. There is a severe potential for erosion on steep slopes made up of the Burnsville series and embankments'and slopes are diffi- cult to stabilize with vegetative practices. TOPOGRAPHY The topography of the site can best be described as bowl shaped, ranging from a high point elevation of 930.5 to a low elevation of 884.5. The cul-de-sac road is proposed in the lower area and will require between 4 and 6 ft. of fill throughout about 400' of its total 500' length, or about 3,000 cu. yds. of fill brought into the area. However, once the fill is accomplished, it will be limited basically to the road right-of-way and about half of lot 2, and about one-fourth of lot 3, so it will not encroach into the tree line area. Development of the road in the lower area with all the lots surrounding the area being higher, will result in a number of tuck under units. VEGETATION The existing vegetation illustrated as a tree line on the 5 acre plat is made up of medium pine evergreen vegetation,with a number of aspen and poplar,as well as some mixed oaks. This vegetation will not be disrupted by the road and utility construction process, but will have to be altered based upon each individual house plan. EXISTING BUILDINGS There is an existing home in the southeast corner of the plat, occurring at the intersection of Co. Rd. 60 or Valley View Road and Gerard Drive. This home has been divided off from the 5 acre piece in this proposal and is given a 27,300 sq. ft.lot. SITE PLAN Both the proposed plat and the illustrated future platting will require the use of a short cul-de-sac. Both of these cul-de-sacs are 500' or less in length, which is consistent with Subdivision Ordinance 93. In addition, use of these short cul- de-sacs for this piece of property, seems to be the most efficient and proper way to service lots in this area, because of the severe topographic constraints. In order to connect the two cul-de-sacs to form a loop road, a 10% slope 400 ft. in length would have to be negotiated with the road. With the exception of one lot, all of the remainder of the lots, take their access off the proposed cul-de-sacs, and do not necessarily front onto Gerard Drive. This should help mitigate the potential problem of many drive-ways backing out on to Gerard Drive, which currently has a grade of about 5%. ttdj�2 • Staff Report Page 3 Topview Acres 4th April 16, 1979 PARK SYSTEMS Although the site has been considered as a possible mini park site by the Community Services Department, recent negotiations with Mr. Miller regarding purchase of this property for a mini park use, has brought the Community Ser- vices Department to recommend alternate site acquisition bordering this pro- ject on the western and northern side. With the recomendation for acquisition of a alternate park site, the question really becomes how to get to andfrom this project and also from the balance of the Topview area occurring to the east. The Community Services Director is recommending a 10° wide easement to be given by this property occurring from the bend of Gerard Drive parallel and adjacent to the northeastern property line of this site, from the road right-of-way line to the 880 contour and conveyance of all the property lying below the 880 contour as public ponding and trail use area. The cash park fee of $275 per lot at the time of building issuance or of subsequent amounts in force at the time of building permit would be charged to this project. 'FINDINGS AND CONCLUSIONS 1 The of 17 acres from R1-22 to RI-13.5 is consistent whthComprehenseGuidPansathe zoning Ordinance 35 2. The preliminary platting of the southern 5 acres of the 17 acre area into 8 lots and one outlot is consistent with the Subdivision Ordinance, with the exception of a very slight modification from 88' to 90° for the frontage of lot 3 prior to final plat approval. 3. The project will require approximately 3,000 yds. of fill and review of the grading and erosion control plan should be accomplished by the Watershed District prior to final plat approval. 4. The cash park fee of $275 per lot enforced currently shall be applied to this project. *5. Concurrent with the adoption of the final plat for the southern 5 acres,. a 10' wide easement for the purpose of a pedestrian trail should be given to the City adjacent to and parellel with the northeastern property line of lying to tourhe 17 shallabees. In conveyeddtotthe, all City forist storm waterhe north of ponding andthetra8i8lOpur- poses. nce h the bivision 6 The 2 93,andc because aof severee topographic cs propsd are in ndifferences tbetween uthem,should notabe connected. 7. The northern 12 acres of the area will require future preliminary and final platting and should be done consistent with the future platting lay out illustrated at this time. of 8, The C.S.A.H. 60ncenterline ast dedicate °per the h a County Highway Departmenty for a total of 0'sfletter of 4/12/79. .11 *An alternate plan would be a 20' easement be granted to the City in the southern cul-de-sac for the purposes stated in no. 5. - • " ' .. • •„, „ , ''‘ .• „ • Staff Report Page 4 Topview Acres 4th April 16, 1979 RECOMMENDATIONS The Planning Staff would tewonunuird approval of the rezoning from R1-22 to R1-13.5 for 19 acres of property, subject to the Findings and Conclusions of this report. In addition, thePalannthiengra 5 acres Staf of the fwouldrec ra Opmme project approvalr8 of the preliminary platting of the southern lots and one outlet, subject to the Findings and Conclusions of this report. • CE:ds • • •- • . .• . „ ••• :•'• ••';' • - . --?(--- DEPARTMENT OF TRANSPORTATION t°""7,'^ 1 320 Washington � Av. South _ ) u Hopkins, Minnesota 55343 t` HENNEPIN Mf. n935 3381 April 12, 1979 • Mr Chris Enger ``i. Planning Director r.,,.- City of Eden Prairie l::µ 8950 Eden Prairie Road " -' Eden Prairie MN 55344 Dear Mr Enger RE Proposed Plat - "Topview Acres, 4th Addition" CSAH 60 - NW quadrant Gerard Drive ...'17 Section Section 10, Township 116, Range 22 , Hennepin County Plat No 720 6 Review and Recommendations Minnesota Statutes 505.2 and 505.3, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: - The developer dedicate 17 ft of right-of-way for a total of 50 ft from the CSAH 60 centerline. - All proposed construction within County right-of-way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping. See our Maintenance Division for utility permit forms. - The developer must restore all areas disturbed during construction within County right-of-way: Please direct any response or questions to Les Weigelt. incerely •/O. 4/114( James M Wold, PE Chief, Planning and Programming JMW/LDW:el cc: Jerrold T. & Mary A. Miller Cardarelle & Assoc., Inc. HENNEPIN COUNTY an equal apporiunlfyemplol t t t..i i i _ JERROLD T.MILLER 7120 Gerard Drive Eden Prairie,MN 55344 fi March 21, 1979 Planning Director Village of Eden Prairie Eden Prairie,MN ' Att: Chris Enger Re: Top View Acres-4th Addition • My wife Mary and I would like the Village to consider and approve our request for rezoning of our approximate 17 acres of land to R 13.5 from PR 22. There are three separate Parcels: 7000, 5.41 acres; 6500, 3.02 acres;and 6000, 8.58 acres. We hove resided on Parcel 6000 since 1959. 1 am sub- mitting 10 full size scale drawings and 30 reduced copies for your use. Our inter Lion, if our rezoning and land development Plat are approved, is to proceed with Phase One which is Parcel 7000. This land is partially wooded and can be serviced by one short road and cul-de-sac. There would be one lot with an existing house on it at 13100 Valley View Rood, 7 lots to be sold and 1 out lot. It does not appear necessary to do much grading or dirt work on the proposed lots. There are practically no vacant lots available in the Top View area, there are a number of 2 family lots across Valley View Road in the Steward Highlands development. We have had a number of inquiries for lots and feel they would sell readily. Should you hove questions we would be happy to answer them. Sin rely, . � e a Jer old Td Mary-Miller achments-40 sets of proposed Plat I 1 • . • •••, ay • a a I a a A )•\ STOI LA . AN% .1 I . . =-.. . a I. , a 1 e X 1— C SA er / \,_ _oar .\ * .--.V."-:1;.'""..1 I ...t.../..." /4 .......,._...: ........::-.1-..-„,.....7:r.--;...•7-„‘ CT'Lk:4'r.--------1---........' .'.--•'- ;-- • ''i''i ....,..,_\ I4D \ srre (7:)... Ili ,.• L''' ':. '2) . _____^' ,.' 1 ' 'I ‘ \e \ ...I-... ,,• --:: • .'41, lI ......_../ 0 I ,--- , •, 6''.'.4"i' .:711, " \, /•„, /y i•-- ,d9 1'''-ft 'MI , \\\ • 4 I) , \ , ! - .----:. 1' - kr.ettA N ... 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Dural Desroistthips That part et the bast dolt ot tee durthsese . 1,.....\\4 ......4,: ...77,-14-4 .44.7...„„ii.....„:77."....joH1,10,_...„,..,,,J. 1.:. ,, Lcz, .t........4::;..i.::,..........,7.,...:.2....:::::::....i.:.....rib.......i.:,....:::::......--...::.....7.0...........7::::".....:..............::::::::—...........7.,......77::„..7......„................,....iu....., ..... said section•dietenno at 31161 toot.Mete or ..' --dart\ '• , , . lost,to the norttorly Hoe et My esel11.1. - a' '''ig'I;#'4 'N r 4-:-,_'-____--Tr' '7*•.2s,, iff.,--..-.N., ,v,..., . .„theme oortbessterly nod onetarly steno or I northerly line ot eoirl rege4 to its lotarssetto. ottis Ow oest line et the Teat Silt et ths Nor - - - —- :\---',..„.... soot Warier of sold 6.4,14.MN teems width en k „,.,. ......., . ,... .„...,.,..„1:.:L.4.....,.....!Not.mere er lea. AN'''''l. ..'\••.. N' li. 4- 7.,41v 11 1- . _ 4.3.1 • , ____-_,„../ ....., _ • .. .. r.,,,, c.,,, . •••._...___•-/- ••._ ...„...., -„•• •-•••••• -. •-.?, -, i ,.. 1•4 g P...1 ' --..1, 'I',..."‘ \\' ''\ ' 7...''''. - I - '•4r " q • , ...F'/ZELIMINARY PLAT Topvbew Aorno. .46, Addition . . .G.A..FtrIAFLIEL•LIC 6....4.--SOCI.N./...MS.1.140. LAND SIIIVIT0111 ser..^1.111 ed fret - int totes OM Om, lIgio 114../..•••••14 HUI nag4 1113 WINO ',! 14,1.-1.- ,?Ay....,' .,, •`‘1_-&-1-:,-, 11....&- 1 .. . . ..".*_,... Ai-7-.41 -.•44.:a IWO. OMB. I CV .............--..... • • Property of: Jerrold T.& ary A, Miller . . . ' 7120 Gerard E1rive ••• ..... • , - Eden Prairie, N lii),(1 .......:., ',.7.....".t .„........... • • • • a • • • r ;4: (, ) • 4 -- // . ,/ liv - • . witige -. . IW-- -. f, • • g • r %/%%�L^e ,\�\1� ' ���� Av .f,i A1� yu. 3...• •°/„..- • , =,.. _. _ d : .'';-; '.--•::'-;'<,, ' - A m 4"eit's°i el a a•:.>f--..4!.1 61 1 .7.: I illrirpg 1 a . \ e• Imo. ‘k .Ai; !i \•k _ \cam '\\. �MI�14� to o b N �O Q • \ .411r4; ___.... -----Ni\ •, >,....,^ • ,.. c ,,.k:14, , Ilk \a. \ \ 0 414,1" • re-\i‘s k\Ot, • 4..e.4D/N¢4 DEVAIAGE PL4W \y. _` , Tapyi¢w Acres 4''4ddifda e' ' \ ` ^ 1 rr..r.T.Ed..A.S.SOCIATIES.MC . f a r o J� sZu/i rut •44$at Out Flu. 1 N.M.r»..11b. Pr.. 111•1.111N -10% 1 ^ t x.»r Kx1' .«.,e•wN WOW.Or 3w! +'i 1 4 NOTe: Bbw.t:e..• .1eWw uw.ttL�•<.?fa:C � 4 i •±cur•. iwJ.'t fe p ..�arr.�e F�Oor ./P�/liu•LZ_Nul+ V!N $• 1 j . . . . . . •, • . . • . . . . . . 1„ ...44. 4.4. —** — !I . ••• .,;,.§ .,.§" • - ,---.: 1 11 ! .•. • .: ' 4 ::. ••• 4..!...; iiili .1 i.!...4)11;•••S rillrigan •,111110411. •5*1 ' 8 .. . . I I . • 1„ i :saw <11 I. .1;;". ,,;,., H.: ," .:.••.',ill Toil II ir.../i 5o , i:11,,:,,, ,•., i.. .i .,H.•.i, . :::, ..0: 11 ,c, „, , ... .. •:„,,,H,, .........,, ,,. •,,..„ ..:,,Hipti .i.,„,,..• , , „. ...,,,, „.:,,,,v,, ..,....,„, ..,„ ; . •,;„ ... .,,,,, II : 1,•,0 .0., , •.,,,,., . , , ... .,,,,.,„ . • . . ' 114' - 0 . i.ii;i1;4!4 ..• ','1,:: 11 •: .. • .. ; i i°. 4%flirti 4 • $ t'l I , • '44t! 4•': 4 Ut . kri I i E. b ::.•:!..'.. 1..",• ' ...' " . AI . I. 4...."‘ ta :.... ;.. 4 "li .. . Ai- :: . -• , I . - - . IA i E,- ,,,,i,!, 1,,,, .... • ., . . . , . •...„......... .• II f:4 ...,. : 15Z • . . Iiili;111 •,' . , . ,015 ; , q. t. Iii,:l.ill : . : .•: : : . I , );:;;;,.': •,. ,5 : . ..!,1 -,!, :. . .',..• . •.. ; .. , 1 .: , '•••' :. I •. l'.1.0- il ,.g ,, . • -.;;;. t 1 . 1 - • . • :i: i . 4 ,• *I . . • ',:iiiildi ..t. 1 : ,.1.,!!•4. .4. ,•,..•i A • ,....., - , "..i. ...,', . . • , . .0:, ::,,.'„i7 , ' 't ,,1R 1 14 . . : F ..,:',H 1 , . :„..: 11 l • • • ! ';•;11if g I: • • :. ;'• - 1 .„ g• 4 ' ' . . ._ 1 : 1 :;;Ii i! H ., • , I , ;'- • V,. • I 1 • '.. ''.'• .L.:—in ° .!, • • • • :,:' . ;. •11 14 - ... ..... 1 , ... •. ... ..,„!.., , 5, •. • ,........„ , ... .„ ; .. . •. ; ., •.„,E , 1 •.. .. . :"..- .. .. . . . . ,.. .... . .. .,...,,,.: . .. ..,....:, .. ...,.„:., ... ..... .......,....,,..,..„..:„,,,-..„:,....„.,..,..... •-• . . MEMORANDUM TO: Mayor and City Comlcil THRU: Roger K. Ulstad, City Manager • FROM: Bob Lambert, Director of Community Services • DATE: April 9, 1979 • - . SUBJECT: Topview Park - Jerrold Miller Parcel . .0n.April 4, 1979, I met with Mr. Jerrold Miller, 112CPGerardiTiVe, Eden Prairie, to discuss possible acquisition of approximately five acres that Mr. Miller owns along Gerard Drive and Valley View Road. Mr. Miller is presently scheduled on the April 9, 1979 Planning CanMisson !•-‘,7 meeting to request to rezone 17 acres from R1-22 to R1.13.5 end preliMitary plat approval for 7 single family lets and an outlet for futurscplettiag, The area included in the preliminary plat is the preptond park sit-I?. We had hoped to be able to purchase this five acre parcel fat almof $6.0-$70,000 (($12.000-$15,000 per acre.) Mr. Miller has a folly good idea on what it will -- cost him to develop this parcel, and what the market is for those lots,. Our park would eliminate nine lots from his total Proposal. lie believes the lots should sell for $20,000-$25,000 depending an the sizo. fle,belioves .it will cost him approximately $8,000 per lot to develop this Site and provide -- water and sewer. Therefore, he figures his property is worth 9 lots x $":0,000 • • w $180,009, $8,000 x 9 = $72,000, $180,000-$72,000 $3.08,0IIG. Mr. Miller has indicated he would not sell for less than $94,000. As per my report of March 14, 1979, Mr. Miller's site is the best site te serve the Topview area because of location and natural amenatics, however the gravel pit site can work for a neighborhood park if we can provide access. It will also need topsoil over the entire site. I believe that $94,000 is an excessive amount of money to pay for a fire litre ' • •• park site and would recommend that we loot at the gravel pit site located to the northeast, We should also consider obtaining trail connection ermt•monta to the park site at this time. • BL:md • • - itit4 ••• . . . , . , '11.1, j,.- II ,.2- ..\-:,...:';•<\:,..,..."C? 0 CV.:.; tr'Otf, c.9);,1 1-:0Nik. \ ( -\11 \ -93°, //2---- .. '. .* - 4/C1A •\.\\ ji• 1 ,s<:, -,1-.," / 19.1'11:••••,• ///7....s...,....../...- N. \ \ . . - ys /1/ •_,---------' ''N\ . , ....,....-r ..,..,-..- , •- 21 ',..t'',I._ - • ...:9---7-7-?-• . -• ' .' - 351 LI.EM-41.7.7(..1 LI EI.M2,:-(4- tr:ill - i....;..4,= 7M11:13.CaX.I-7`.7.1 a E3.C.-1.. . • )...:. ' -- .---- ''.. :::--,...-:„........ -,----------r_ __ ... -- . -.1i. p _ . -„..,-,,. ..„,..............._____. A.. ,, _____ •1-N) ....---.-----4, • c . •(1: L V.:\ ( /". - ' ly 1 . 1 9.1:!2'1, .... ' , .--- ----7/1--ii':-7:',:.•:-.-•-s.. -:77:----- ....--,c, . . - s • . - . , \\-,..• : V. \ (1 /- '':'.. v‘ ' \ f 3 b *OM- '--. -. --.:-------..:. '-\ LTD' -....z.--;,/-:c4 ,„\- ,\ , ,. •- . ' -- - --- - -c\,, - ----. - :. , _.,.._.4"Ths, .., : , \Leis-. :.. ,..,,,.\,:;.,., •\\\. .,,,...• -....„ ----: r iii .,,,,., • :9,. • . ., if • 4, , - 1 .- ..„„ ,--,- • ..„., \ . I I , .. ."•••...,.,"--...,........_ . \ \ \k ....01‘Ni‘'. \ ' 1, t.. . '...1 ''''.,••• >, ,, 1: 1..... 1. l'-•• . I ,.....4,z,.......,14 ...., ., ; ) ,.,......c,:_,:., ..... ..........._________ \ ''''..".7>i,-,_'•->..........._' • ' • .Li N--1----1 , .. -„----:_:_-.. -..--.. ....)\, \ \<-5 ..:., -. rin t-----=tiCir7 I."'--•-", .--- :.:-c ‘ '"4ri -,----- L313 ri :-.,..-;:,--. -- --:,-,- '-.- ,----- --- \ ,..,,,..., - -.,..,._ ---------7"—EiTRD 60 Ville VIER/°P.-- '''''''''ZZ--'''‘. '- '''CY '-'fi' -- ' :•.'• ' ' * . . . ' \„ N 1 \ L__._.______—.----7---._4q..;:) •••:•-. :-''•'---- ' .-----••• i ''-''' 4ft.4.),.. . " s. - 1 '''it: ------ / --------..N---, ----.— -----. / --- . '*;:-. .','-'•Z'-•..,,C-`.. •• ' • v •, - .... ....; 1.. ----..__ I/ 4 '''\\\ \ 1/4, -:; ' '.,' ,.,;••,,,t.„,. , / .-. r I „ .. ,... , -, - , /..-\ -• . \ \ .., , \ \ , ,s.,1.-•\ .\\\-N; --, . i... '.. ‘,.. 0 ougg-\\W Milr( tlt% ° ti•L'i''''''‘ '-\\.' : 1Tap • i _ ,., .\''"\1, ii-rr: .601-eNig - -. -itt AY..‘g4_ __ _ . _ . \ 1 \• _-.-------.- - 4--A-fit;, 6kr10/..gt lei rill •4‘\' I rgAvii PI': qt=.0. \ i . • . i \ IS) .. . • • • . . . • rIP r--ti-t .. , • • • \,,, 1 ‘ .,::. litti i 1 • ,-,...-- •::.-.:-.; ...,. . . ..,...,. . .. . . . ...... ... .. • • MEMORANDUM TO: _ Parks, Recreation and Natural Resources Commission j FROM: ' Bob Lambert, Director of Community Services DATE: May 4, 1979 SUBJECT: Development Proposal Check List PROJECT: Topview Acres 4th Addition • PROPONENT: Jerrold and Mary Miller REQUEST: Rezoning from R1-22 to R1-13.5 - 17 acres and preliminary platting of approximately 5 acres. LOCATION: Topview area north of Valley View Road, west of Gerard Drive BACKGROUND: See Planning Staff Report of April 16, 1979 • CIIECKI.IST: 1. Adjacent to parks? (Neighborhood, Community, Regional) No • Affect on park: N/A 2. Adjacent to public waters? No • Affect on waters: N/A 3. Adjacent to trails? A portion of the proposed tail connection from Topview to forest Hills!thool/Park will run from the end of the cul-de-sac westerly to the western edge—oY-the property. Type of trails: (bike, multi-use, transportation, etc.) Multi-use Construction: (asphalt, concrete, wood chips, aglime) Asphalt • Width: 6' Party Responsible for construction? developer Landownership: (dedicated, density tradeoff, etc.) dedicated Type of Development? (residential, commercial, industrial) residential Where will CASH PARK PEE go? (what neighborhood) Requesting dedication of land Need for a mini-park?` Yes • (lll . S. REFERENCE CHECK: a. Major Center Area Study: N/A b. Neighborhood Facilities Study: A mini-neighborhood park'may be accomplished through acquisition of several contiguous vacant lots. c. Purgatory Creek Study:N/A d. Shoreland Management Ordinance: N/A e. Floodplain Ordinance: N/A • f. Guide Plan: Both the 1968 and the 1977 update show this area as 16w density single family. • g. Other: 6. Existing or pending assessments or taxes on proposed park property: N/A 7. CASH PARK FEE?Appropriate fee will be charged at the time of building permit. 8. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against proposal: 9. Number of units in residential development? 7 lots in plat, 22 in rezoning Number of acres in the project? 17 acres Special recreation space requirements: none ,.. 10. STAFF RECOMFIENDATIONS: Recommend approval subiect tojElannig9,.$4aff recomnenglnitiOn with the following addition: (See attached Sheet) • 1ift3 F • 1'pv.ew Acres 4th Addition I. Dedication of 10 percent {lp } of the land rather than cash would be advantageous • to the Tapview area. (Ordinance f332 allows the City to require dedication of 10 percent of the land, this would be approximately 21,780 aq.. ft. Staff would recommend dedicaton of Lot No. 3, and would also recmnmend acquisition of Lot No. 2.) 2. Construct a 6' asphalt trail along the norhtern line of Lot 7, and dedicate the 6' trail' plus 2' on either side to the City. 3. Dedicate a 10' trail easement along thea_880 contour adjacent to the marsh, from the western property 11ne to tie eastern property Tins. " • ��� �.� . a�; • EDEN PRAIRIE PLANNING COMMISSION • MINUTES • approved MONDAY, APRIL 9, 1979 • 7:30 PM, CITY HALL COMMISSION MEMBERS PRESENT: Chairman William Bearman, Liz Retterath, • Oke Martinson, Matthew Levitt, George Bentley, • • Hakon Torjesen, and Virginia Gartner COMMISSION STAFF PRESENT: Chris Enger, Director of Planning Donna Stanley, Planning Secretary PLEDGE OF ALLEGIANCE - ROLL CALL • I. APPROVAL OF AGENDA The following items were continued to the April 23, 1979 meeting at the request of the proponents. • {,/ V. A. Neill Woods, by The Preserve B. Preserve Center Addition Reolat • C. shady Oak Industrial Park 2nd Addition, by Richard Anderson - gyp, 'fopview Acres 4th Addition by Millers MOTION: Retterath moved to approve the Agenda as published and amended. • Gartner seconded, motion carried unanimously. II. MINUTES OF THE MARCH 26, 1979 MEETING Pg. 1, High Trail Estates, para. 2, last sentence; add "existing" before "Honeysuckle Lane". Pg. 2, Meadow Park,para. 2, delete "also that"; add "has a hazardous intersection at U. S. Highway 169." Pg. 3, para. 7, add "Sundeen responded affirmative, it is contemplated for the project". Pg. 4, para. 1, sentence 4, delete "that the recommendat*on would be to cul-de-sac Sunnybrook Rd. to Highway 169 and". Pg. 4, para. 4, delete "requested continuance of the project until"; add "stated that this project should be continued until purchase of " ' Pg. 7, para. 1, last sentence add "of" before "benefit". Pg. 7, para. 5, add "Putnam responded negative , and explained how the trade- offs on the former projects occurred. Pg. 8, para. 3, delete "much". • • EDEN PRAIRIE PLANNING COMMISSION MINUTES .approved MONDAY, APRIL 23, 1979 • 7:30 PM, CITY HALL ~COMMISSION MEMBERS PRESENT: Chairman William Beaman, Liz Retterath,. Matthew Levitt, George Bentley, Hakon Torjesen, and Virginia Gartner COIMISSION MEMBERS ABSENT': Oke Martinson COMMISSION STAFF PRESENT: Chris Enger, Director of Planning Donna Stanley, Planning Secretary PLEDGE OF ALLEGIANCE - ROLL CALL ,.,, I. APPROVAL OF AGENDA • MOTION: Retterath moved to approve the agenda as published. Gartner seconded, f motion carried unanimously. • II. MINUTES OF THE APRIL 9, 1979.MEETING Pg. 3, para. 3, sent. 1, delete "asked whether the Findings and Conclusions listed in the staff report were considered statements of fact by the proponent and where he disagreed."; add "asked whether the proponent disagreed with any of the statements made in the staff report." Pg. 6, para. 8, last sent., delete "as part of the staff report of April 5, 1979."; add "in the Environmental Assessment Worksheet." Pg. 7, para. 5, sent. 3; delete "country"; add "City". MOTION: Torjesen moved to accept the Minutes of the April 9, 1979 meeting as published and amended. Gartner seconded, motion carried unanimously. MINUTES OE THE APRIL 16, 1979 JOINT CITY COUNCIL/PLANNING COMMISSION MEETING Pg. 3, para. 6, add "by local Girl_Scout troops" after "hand delivery of notices." •MOTION: Bentley moved to approve the Minutes of the April 16, 1979 meeting as published and amended. Retterath seconded, motion carried unanimously. III. MEMBERS REPORTS - None. IV. REPORTS AND RECOMMENDATIONS I A. Neill Woods, The Preserve, request to-rezone 12 acres from Rural to R1-13.5 and preliminary plat approximately 27 single family lots. Located west of Neill Lake. A continued public hearing. The City Planner summarized the request, explaining that this proposal depends on the replatting of the Preserve Center Addition of Lot. Block 1 , to gain access to the north, as part of the transportation system which 'approved Planning Commission Minutes - 2 - April 23, 1979 A. Neill Woods continued public hearing. (continued) would include the re-construction of Preserve Boulevard by The Preserve. He suggested deletion of no. 3 of the staff report of requirement of 60' right- of-way width, after further discussion with the City Engineering Department, and suggested the 50' right-of-way as illustrated in the proposed plat. The Planner suggested that no variances be given to Outlot A, in order to be consis- tent with surrounding developments, which were not granted variances, and that construction within this subdivision should not occur until there is another access out as also recommended in the surrounding proposed development of Meadow Park and Olympic Hills 6th Addition. Mr. Jim Hill, Planning and Engineering consultan , presented the plan for The• • Preserve, pointing out the road system and explaining that a road would be constructed from Anderson Lakes Parkway. • Levitt questioned the traffic flow through Meadow Parks from the proposed deve- lopment and felt that there would be more than 500 trips per day. Hills responded that about half of the trips would exit via Anderson Lakes Parkway, with the other half exiting via Homeward Hills Road. Levitt questioned the width of the quasi public space and expressed concern with the size of the lots back into the Neill Lake easement area. The Planner explained that lots situated on the lake would be approximately one-ha'f acre size if the dedicated space was included in the computation. The lots in question occur on a cul-de-sac, and discussion took place on when the implementation policy of requiring 90' frontage on cul-de-sacs would take effect. The Planner explained that this plan had been submitted prior to discussion of revising frontage requirements. • Hill pointed out that Ordinance 135 does speak to definitions of width of lots, and the width will be perpendicular with the length. Bearman explained that the width of the lot is measured at the street right- of-way, and that the City may be requiring that lots have frontage in order to . better maintain the area as far as snow removal and parking space. • The project,in relation to the proposed Shoreland Management Ordinance,was dis- cussed, and it was noted that the project did meet the State Shoreland Management Act and the proposed City Shoreland Management Ordinance. Torjesen asked whether the developer was in agreement with the Findings and Con- clusions of the staff report. Hill responded that he did question no. 2, the Ordinance requirements for lot frontage and minimum sideyard, explaining that they are requesting the same lot sizes and setback variances that have been granted in The Preserve. 'approved Planning Commission Minutes - 3 - April 23, 1979 A. Neill Woods. . .. . . .continued public hearing (continued) The Planner pointed out that the subdivisions to the north and west have met the Ordinance, and did not feel that variances should be granted in this development. MOTION #1: Bentley moved to close the Public Hearing on Neill Woods. Gartner seconded, motion carried 6-0. MOTION #2: Bentley moved to recommend to the City Council approval of the rezoning from Rural to R1-13.5 based upon the plat of 3/1/79 and staff report of April 17, 1979 with the following modifications: elimination of no. 3 of FINDINGS AND CONCLUSIONS of staff report; emphasis on further consideration by the staff on the 90' frontage question prior to submission to the City- Council; and a strong recommendation that.no variances be granted on this subdivision. Gartner seconded, motion carried 6-0. MOTION #3: Bentley moved to recommend to the City Council approval of the preliminary plat dated 3/1/79 based upon the staff report of 4/17/79, with the above mentioned modifications. Retterath seconded, motion carried 6-0. B. PRESERVE CENTER ADDITION REPLAT, request by The Preserve to replat Lot 1, Block 1, Preserve Center Addition, zoned RM 6.5. A continued public hearing. The Planner explained that this area is zoned for townhouses, and that the technicalities of the Anderson Lakes Parkway and Preserve Boulevard intersection are being worked out and are subject to review by the Manning Commission and the City Council when an actual project is proposed for the area. Mr. James Hill, Planning and Engineering Consultant for the proposal, agreed to work with the Engineering Department in working out the realignment of the Anderson Lakes Parkway and Preserve Boulevard intersection. He explained . that they were splitting the existing road and providing right-of-way for Preserve Boulevard, and that this is the reason for their present request for replatting. MOTION #1: Torjesen moved to close the Public Hearing on The Preserve Center Addition Replat. Gartner seconded, motion carried 6-0. MOTION #2: Torjesen moved to recommend to the City Council approval of the replat dated March 1, 1979 based upon the staff report of April 17, 1979 with the following modifications: elimination of no. 3 of FINDINGS AND CON- CLUSIONS of the staff report; no variances be granted on Outlot A; and addition of no. 5 - the Planning and Engineering staff work out the realign- ment of Preserve Boulevard and Anderson Lakes Parkway to make an acceptable interchange. Gartner seconded, motion carried 6-0. C. TOPVIEW ACRES 4TH ADDITION, by Millers, request to rezone 17 acres from R1-22 to R1-13.5 and preliminary plat 7 single family lots and art outlot for future platting. A continued Public Hearing. Mr. Jerrold Miller presented his plan for the area, and explained that they felt the park should be located in Topview Acres. He spoke for his neighbor. AL ,r r Riley- Purgatory Creek Watershed District at • S950 COUNTY ROAD a; itP a{�,� EDEN PRAIRfE,MtNNESOTA Btr3n., it At April 6, 1979 -,-4.01.A Mr. Chris Enger 11:,. .' r'ski 'City Planner ` • City of Eden Prairie 8950 Eden Prairie Road ' Eden Prairie, Minnesota 55344 Re: Neill Woods Addition Dear Mr. Eager: • The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District have reviewed the preliminary plans, as anbm4tted { to the District for the Neill Woods Addition in Eden Prairie. The following policies and criteria of the Watershed District are applicable to this - 1. In accordance with Section E (2) of the District's Rules and Regulations, a grading and land alteration permit application must be submitted to the District for the above referenced project. Accompanying this permit application, a detailed erosion control plan outlining how. sediment will be prevented from leaving the altered areas on the development site both during and after construction must be submitted to the District for review and approval. 2. A detailed storm sewer plan must be submitted to the District for review and approval. Thank you for the opportunity to comment on this development at an early date. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerel , / rt C. Obermeya ENGINEERING ,s'. _ Engineers for the District RCO/I11 cc: Mr. Conrad Fiskness Mr. Frederick Richards - J .# • STAFF REPORT MEMO: TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: April 17, 1979 PROPONENT: The Preserve PROJECT: Neill Woods Addition REQUEST: Rezoning from Rural to R1-13.5 and preliminary platting for 27 lots on 12.1 gross acres of property PROJECT LOCATION: The project is located within The Preserve on the northwestern side of Neill Lake, south of Anderson Lakes Parkway and Lake Heights Addition, southwest of The Preserve Center Replat and east of Meadow Park Addition. BACKGROUND The project area was illustrated in the 1968 Guide Plan as single family low density residential, was illustrated in the 19TO Preserve Planned Unit Development as single family attached housing of medium density of 6 dwelling units per acre. The 1977 Guide Plan Update illustrates the area as low density residential, with quasi-public open space bordering Neill Lake. The Shoreland Management Ordinance suggested for adoption by the Planning Commission and Parks, Recreation and Natural Resources Commission anticipates a General Development designation for Neill Lake, which would require that lots abutting the shoreline of the lake be a minimum of a half acre lot size and lots behind the shoreline area be of an Ordinance size in area. Ordinance 135 Subdivision for residential 13.5 requires that lots in this category be of a minimum 90' in width, 13,500 sq. ft. in lot area, and a minimum of 2 units per acre. It also requires that the side yard setback be a minimum of 10', with the total sideyard of 25'. The gross acreage of 12.1 is somewhat misleading for the plat because there is additional area which is part of the overall Preserve development, which is the area occurring to the east of the back lot line of Neill Woods Addition down to the 812 contour of Neill Lake, which is shoreline. This thin strip of land between the sub- division and the lake is about 60' in width and approximately 1,000 ft. long. When taking this acreage into account as a credit to the subdivision, the total acreage is about 13.5, which would bring the subdivision to the 2 units per acre required by the zoning ordinance. EXISTING SITE CHARACTER The information submitted does not indicate any undevelopable areas of soil. The topography of the site is very steeply rolling, ranging from a high of 878 to a low of 812. The site plan as proposed indicates Preserve Boulevard as ring- ing the node of the topographic spine providing walk-out lots for all of td1")C� • Staff Report Page 2 Neill Woods April 17, 1979 Block 1 and Block 2. The gradingproposed will fairly well follow the con- tour tour of the land for the construction of the road itself. Above and beyond 1, that, there is no construction for preparation of the lots. It is anticipated • that the lots will be made available for sale to private parties for construc- tion of custom homes. Since there is a quasi-public open space which belongs to the Preserve Home- owners Association, occurring between the lots and the shoreline of Neill Lake, the lot sizes along the lake seem acceptable, ranging from 14,175 sq.ft. to a large lot size of 20,750 sq. ft. The grades proposed on the street are steep in places, but ell within•City standards. ORDINANCE REQUIREMENTS As mentioned previously in the report, the minimum lot size required by the ordinance is 13,500 sq. ft. This is met in all cases, however, the minimum frontage of 90' is not met on lot 1, block 1 or on lot 8, block 2; lot 9, block 2; or lot 10, block 2. These frontages should be modified prior to the final plat, in order to obtain the required 90' frontage. This may necessitate the elimination of one lot, which will add to the spaciousness of the subdivision and contribute to the surrounding character of the area. Meadow Park Addition and Olympic Hills 6th Addition are both consistent with this frontage require- ment. In addition, The Preserve is requesting sideyard setback variances. The Staff feels that the variances serve no purpose other than to allow the cluster- ing closer together of large homes. The Staff also feels that since like variances were not given to thr Lake Leights Addition, Meadow Park Addition or Olympic Hills 6th Addition, that it would be inconsistent with the single family character of the area to allow this particular subdivision to have sideyard set- back variances. • PARK SYSTEMS AND TRAILS The proposed right-of-way of Preserve Boulevard should be widened from 50' to 60' to allow the construction of a 5' wide concrete sidewalk within the right-of-way. A 6' wide bituminous oath should be constructed in Outlot A by The Preserve at the time of street construction, and connect down to The Preserve trail system on the west side of Neill Lake, which should be constructed as a part of this project. • TRANSPORTATION The project as proposed is one of the last pieces in the "puzzle" for the develop- ment of single family residential on the west side of Neill Lake. The previous proposals were: Lake Heights Addition, Meadow Park Addition, and Olympic Hills 6th Addition. Each one of these subdivisions was dependent in part upon the other one for completion of a road sytem. The Neill Woods Addition is also dependent upon alternate access out, if it is not to be considered a long cul-de-sac coming in from Anderson Lakes Parkway. Therefore, construction of homes in this sub- Page Staff Report 1317, 1979 Neill Woods division should not proceed until alternate ways out are provided through t . Meadow Park Addition, which is also required to have two ways out. FINDINGS AND CONCLUSIONS 1. The project as proposed is consistent with the 1968 Comprehensive Guide Plan, the 1977 Comprehensive Guide Plan, The Preserve Planned Unit .Development, and the Shoreland Management Act. *2. The project as proposed is not completely consistent with Ordinance 135 requirements•for lot frontage and minimum sid'eyard. • Eliminate *3. The right-of-way of Preserve Boulevard should be increased to 60 no. 3 in width. 4, A 5' wide bituminous pathway should be constructed" fin Qut pt A, in conjunction with a 6' wide bituminous pathway'system constructed west of Neill Lake up to the Preserve Center as.,pert"O'r this subdivision. 5. Transportation systems, to serve this subdivision du not ci1rrent1y exist in the area and access should be required from the worth.via The Preserve Center Platand from the west vie the Meadow Park Addition Plat prior to any home construction, ;u RECOMMENDATIONS The Planning Staff would recommend approval of the-preliminary plat as _ modified for 27 plus or minus lots, and the rezoning from Rural to R1013.5 subject to the Findings and Conclusions of this Staff report. CE:ds *Eliminate no. 3 as per Planning Commission Meeting of 4/23/79. , Add to no. 2, Emphasis on further consideration by' the staff on the 94 frontage • question before submission to the City Council; and a strong recommendation that Ma variances be granted in this subdivision. • i111 ' ti; 3 k s fxc� The 1111 reserve March 7, 1979 Eden Prairie City Council Eden Prairie Planning Commission City of Eden Prairie 8950 County Road 4 Eden Prairie, MN 55344 Attn: Mr. Chris Enger Ladies and Gentlemen: • The Preserve is pleased to submit for your consideration the Preliminary Plat and Rezoning of the Neill Woods addition. In response to the submission requirements we submit the following information: Specific Plan Requirements 1. Ownership. The Preserve is fee owner or has under purchase agreement all the land. 2. Developer. The Preserve will develop the land subject to City specifications and approval. 3. Fiscal,Economic. The Preserve will finance the development internally. All trunk utilities have been installed and assessed. 4. Development Method. The Preserve will develop the lots for resale to builders and prospective home owners. 5. Boundaries - See attached exhibits. • 6. Project Area & Surrounding Ownerships. The project is located on the west edge of Neill Lake and is bounded to the North by the recently approved Lake Heights addition of Universal Landon the west by the proposed Sunnybrook 13ylaads addition of Mr. Dean Faulks and on the east and south by land reserved for The Preserve Homeowners Association. lj1�3 14g.: 7. Regional Relationships. No.significant impact. 8. Existing Land Use. The land is currently fallow but was used for pasture up to 1970. The previous heavy grazing and farming reduced the woods to isolated trees and small clumps. (Basswood, Elm and Oak). • 9. Existing Transportation Systems. There is no existing improved system. on the site. There is a dirt path adjacent to the project along Neill Lake which will be paved into a pedestrian path. 10. Existing Zoning.- The land is zoned rural with a PUD 70-3 designation of Medium Density. 11. City Guide Plan Framework. Residential. 12. Critical Public Decisions. Zoning and plat approval. 13. Additional Project Information. The development of this parcel was reviewed and approved in The Preserve Final Environmental Impact Statement prepared by the United States Department of Housing and Urban Development. Site Area Analysis: 1. Development Objectives. This project is intended to be a high caliber single family detached residential development. 2. Site Plan. As per attached exhibits. 3. Grading. As per attached exhibits. 4. Utility Plan. As per attached exhibits. 5. Preliminary Architectural Drawing. Not applicable. 6. Legal Instruments for Plan Implementation. The project will be part of The Preserve Association and will be subject to the same covenants and restrictions as the rest of The Preserve. No part of the PUD 70-3 park requirements lie within the plat. Outlot A will be deeded to The Preserve Association. • 7. Housing or Land/Building Use Profile. Not applienhle. 8. Zoning Classification and/or Variations from City Ordinances. To be consistant, competi tive and compatible with the rest of The Preserve we request the side yard variances that apply its all other subdivisions in The Preserve, as follows; i'r t I • • 5,from garage to side lot line 10,from 1 -1 1/2 story living space to side lot lute 15'from 2 story living space to side lot lire® • 20'corner lot side yard setback except where it conflicts with adjacent 30'froutyard sehacice. 9. Phasing and Construction Schedule, Development construc- tion is planned for this summer with housing oone$rnatlon starting the late fall of 1979. If you wish additional information or exhibits please contact me. Respec ubmitted, Jo Vice Vice President Engineering LWJ/jn • <` Ik ' 1, //� 1 1 �. ' tG \ ( 10(1 II" 1 ' ipa vil ,7)/// ; A ti Ei ?i:3 0, 1J y: ...7......7.Jo ,. ,..4, , , . 4, __.....:11:04 i ' , 1 Jar. #� j. ,. .. 1 i .• i s 1041 i . F F: :...', if i., \ - 4 IJt / •.\ . .f i , . -I.!' , } if, rx,,,.\ - 1 ; i i yk , \. ttr, ,,„_ :,,,,,,,,, ,i , Li I / -"1"*- 1‘.•-, \IIA .0" \ I . i' . , .. \...;....,:....,„ ,,, , *4,4 . . r • #sfilz' b • 1 .........+. exisrwa corwIrw , 77 Ian .Hl ; wools Antiou a;s .. t S? VS I: f, art. o .ap.m '.ir1t ottiC:C 54a.'tuMT. rr.....�..� .. ...«.w aa.dusse,Aeif*IN 1 11H i--•,i•-� ... .' • 1 / * 4. I 4�t PROPOSED LAKE HEIGHTS S ADDMON I I .00n....>«.»..».mr. rr I I iy I N II i O I' 0 , . \ __,--:-.- ;, , - ,,...1.,.. ,, i ,., a ___ \--— — '' ''.4''..." . ..'Llte,•. -, I . — \ -..- "Is) 7 /4- I . Vet ,' 7C 1, tI/ 1 ....- --- 0 EY i . tcti 10) 4. 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''.- .•••••-4." • 7\a:\)X••• i k•-.. i ' :::".,' A.. ,..e= „.. . 1 . • '‘f.: '‘•I',!' \ • - ---‘,-..,/, -...-....1:' • • .,.. \ '". '----.11- ./ .1, • •,1 i 1 .t. ‘ ..-:•-:•-•._..- - ' 2 tin -141 - i Aii' • - • ,'/• ;" 1 • f 2.- .1 ' ..:..'-'. /i li§lif 11 . ;4:1 poi •Cr• >`• ), . :••••:. ',?-.-4.."?..--z- •$3.' • . 1 ttqiilhe . sroft..... • - ..- • I Iiiiilit;s4; 2 I . 1 . I 1 1 *; S11$1;iti: 1 1 i 111 f -.4;e 1 tzitept I 'A ,,a $. 1-M - '1,4-tlifi . g .. ....... ; itnreJ f i •- a g . 1 , ..-r 1 . I 1I ,i;.!x ;';:f.; -4 I ;iiiitleri t 1 ....; itti.i:4' 1 • 141;144 A . ..... ..... .. ..., .,;,..i,.. • i 1 .. Pelilit 1 l'a!VA,T. f rIII1 I •, , , , -'•;---,'S .-... .-. i Igli - • -,... • • .l' 'f::::..' ...„,...................r,„ . :::::`,7, GFtAr..),ING PLAN - -: 1 ...:6'.4' ; 1::- NEILL WOODS ADDITION •ir-,..:.:;,i . jarresitliti,loci .• -.. . L.: ‘ ,.:_ -mat&Nit- • • 1'KA ' .. A.4...••471.4t"..; PLAPOIV.C•AqiiatrAPI1146 7 - 7 . ."."• . ...• ' .' - - :: i Th.6"'4"."... 1.1 • y� • /a 17. ` I' j• I • �,, i I. / A... i . $ q s t-- $ it �` ..9✓'W S ♦ + I . At i t •-... E I + t :1:1 i PI+ ry a / It • o yi a r, a (.2' ) . to Ar r 0 V ;..zgi •ark A ~ _1 i pyti Y # 1 ' _. /'1 r'/ j jjJ ,..i i . g z 1/-41:- i. 11' il'f 5:i t PN;Inig - . I b f i LSrt $ .f sI film i •_> PROPOSED UTILITY PLAN $ TH •NEua woods ADDITION ► +� �dmesf . IL inc ""v= ;:s ...... 1 Lf<f U = 14Aha+7HG,4ad�Ikcs.Plt4 C0'61.101 L:,, E PRESERVE R 4� �'+!� .,..e._. �.snr�s�sAt atu•ievi raa r,,ae.+�c+ada,AA.AAA, .! • MEMORANDUM ;0: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services DATE: May 4, 1979 • SUBJECT: Development Proposal Check List PROJECT: Neill Wood Addition PROPONENT: The Preserve REQUEST: Rezoning from Rural to R1-13.5 and preliminary platt1hg'for 27 lots on 1.4.1 gross acres of property. LOCATION: Northwestern side of Neill Lake, south of Anderson Lakes Parkway and Lake _ Heights Addition. BACKGROUND: See Planning Staff Report of April 17, 1979 • • CHECKLIST: • 1. Adjacent to parks? (Neighborhood, Community, Regional) No Affect on park: N/A • • 2. Adjacent to public waters? Yes Affect on waters: No affect on waters 3. Adjacent to trails? Yes, 6' trail (asphalt) around Neill Lake and 5' concrete sidewalk adjacent to Preserve Blvd. Type of trails: (bike, multi-use, transportation, etc.) multi-use Construction: .(asphalt, concrete, wood chips, aglime) concrete'and asphalt Width: 5' & Party Responsible for construction? developer Landownership: (dedicated, density tradeoff, etc.) Type of Development? (residential, commercial, industrial) dedicated and homeowner Where will CASH PARK FEE go? (what neighborhood) N/A Need for a mini-park? _._No — -2- S. REFERENCE CHECK: a. Major Center Area Study: N/A b. Neighborhood Facilities Study: Lake Eden nark Site will serve .his neighborhood c. Purgatory Creek Study: N/A d. Shoreland Management Ordinance: Ordinance suggested for adoption would require lots abutting to be 1 acre, all other lots 13,500 sq. ft. I e. Floodplain Ordinance: N/A i f. Guide Plan: 1969 Guide Plan - single family . • 1977 Update shows low density residential . g. Other: 1970 Preserve PUD single family attached - med. density 6/acre 6. Existing or pending assessments or taxes on proposed park property: N/A I 7. CASH PARK FEE? N/A Preserve PUD 8. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against proposal: 9. Number of units in residential development? 27 Number of acres in the project? 12.1 acres plus 1.4 along lake shore Special recreation space requirements:N/A _ • • 10. STAFF RECO1C1ENDATIONS: Recommend approval as per Planning Staff Report of April 17, 1979 with the following change: Change #3 to read 50' eight-of-way.. Ic��?- . - • • • • EDEN PRAIRIE PLANNING COMMISSION MINUTES approved MONDAY, APRIL 9, 1979 • 7:30 PM, CITY HALL COMMISSION MEMBERS PRESENT: Chairman William Bearman, Liz Retterath, Oke Martinson, Matthew Levitt, George Bentley, • Hakon Torjesen, and Virginia Gartner COMMISSION STAFF PRESENT: Chris Enger, Director of Planning Donna Stanley, Planning Secretary PLEDGE OF ALLEGIANCE - ROLL CALL I. APPROVAL OF AGENDA The following items were continued to the April 23, 1979 meeting at . . the request of the proponents. • V. A. Neill Woods, by The Preserve B. Preserve Center Addition Replat • VC. Shady.Oak Industrial Park 2nd Addition, by Richard Anderson p, Topview Acres 4th Addition by Millers MOTION: 'Retterath moved to approve the Agenda as published and amended. Gartner seconded, motion carried unanimously. II. MINUTES OF THE MARCH 26, 1979 MEETING Pg. 1, High Trail Estates, para. 2, last sentence; add "existing" before "Honeysuckle Lane". Pg. 2, Meadow Park,para. 2, delete "also that"; add "has a hazardous intersection at U. S. Highway 169." • • Pg. 3, para. 7, add "Sundeen responded affirmative, it is contemplated for • the project". • Pg. 4, para. 1, sentence 4, delete "that the recommendation would be to cul-de-sac Sunnybrook Rd. to Highway 169 and". Pg. 4, para. 4, delete "requested continuance of the project until"; add "stated that this project should be continued until purchase of "' Pg. 7, para. 1, last sentence add "of" before "benefit". Pg. 7, para. 5, add "Putnam responded negative , and explained how the trade- offs on the former projects occurred. Pg. 8, para. 3, delete "much". • • • «g r� • • 'approved Planning Commission Minutes 4, 5 •• April 23, 1979 (6 MEMBERS PRESENT, Martinson absent) C. Topview Acres 4th Addition. . . .platting (continued) .easement for the purpose of controior protection of the area, and to also require the cash park fee. • MOTION #3: Levitt moved to recommend to the City Council approval of the preliminary plot dated March 21, 1979 based upon the staff report of April 16, 1979, including the inclusion of no. 5 to the FINDINGS AND CONCLUSIONS as listed in MOTION #2. Bentley seconded, motion carried 6-0. A 5 minute break was called for by the Chairman. 0. SHADY OAK INDUSTRIAL PARK 2ND, by Richard Anderson, request to rezone 12.9 acres from Rural to I-2 Park and preliminary plat property into two indus- trial uses. A continued public hearing. The Planner explained that the City's consulting engineers are in the pro- cess of doing a feasibility study on the construction of Shady Oak Road. Mr. Richard Anderson presented background of his first Addition of four building sites, and summarized his present request. Torjesen inquired whether the proposed alignment of Shady'Oak Road is • consistent with the way it will connect with Valley View Road. The Planner responded affirmative, and that we do have the dedication of Valley View Rd. The floor area ratio was discussed, and the plan complied with the Ordinance. Bentley inquired what the policy of the City was for sidewalk construction in this type of zoning. The Planner explained that in an industrial park there are usually no places to walk to, therefore they are not proposing sidewalks at this time. The City does have adequate right-of-way. Beaman asked whether there were any large trees in the area. Anderson res- ponded negative, MOTION #1: Bentley moved to close the Public Hearing on Shady Oak Industrial Park 2nd. Retterath seconded, motion carried 6-0. MOTION #2: Bentley moved to recommend to the City Council approval of the rezoning from Rural to 1-2 Park based upon the revised plat of April 23, 1979 and upon•the staff report of April 17, 1979. Gartner seconded, motion carried 6-0. MOTION #3: Bentley moved to recommend to fhe City Council approval of the preliminary plat based upom the revised plat of April 23, 1979 and staff report of April 17, 1979. Gartner seconded, motion carried 6-0. • • ,°f ytil • 3/6'7..7 SHADY OAK INDUSTRIAL PARK SECOND ADDITION • B. Specific Plan Requirements - Ownership Lot 2, Block 1 Shady Oak Industrial Park Owned in fee by Richard W. Anderson with a Purchase Agreement to Northwestern National Life Insurance Company. Lot 1, Block 2 Shady Oak Industrial Park Owned in fee by John, Keith and Paul Mien • Lot 1, Block 1 and Lot 2, Block 2 • Owned in fee by Astleford, Hagen, Mason and Carter per Title Insurance Binder subject to Contract for Deed to Richard W. Anderson, Inc. and again subject further to Purchase Agreement to Northwestern National Life Insurance Company. Shady Oak Industrial Park Owned in fee by Astieford, Hagen, Mason and Carter Subject to Contract for Deed to Richard W. Anderson, Inc. • Developer Richard W. Anderson, Inc. who has developed connercial and industrial sites since 1949. A list of past developments is attached. The Shady Oak properties will be developed within a period of three years according to the site plans submitted. At lease 50% of the buildings will be sold to users and the balance will be retained in inventory as leased properties. fiscal Economic Wherever possible Industrial Revenue Bond Mortgages will be utilized. Usually the buyers of these mortgages are banks, and local chains of bands and insurance companies. The balance of the project will be financed by conventional nzrtgage financing again at I5. of value. fifty percent of the projects will be sold to user owners. • • Shady Oak Industrial Parks Page 2 Development Method Richard N. Anderson, Inc. presently acquires, obtains tenants, pre-sells building to investor and enters into a construction contract with five or six old line construction companies located in the Twin Cities. The developer takes 100 percent of the responsibility for financing, con- struction, leasing and managing of the property. Identily Project Area . . . SW Quadrant of County Road 18 and Highway 169 is an industrial area, built and occenied by 100+ buildings. Re�cional Relationships Nothing within the region will have any influence or significant impact upon the project. The tenants primarily come from owners residing within the area. Existing Land Use and Occupancy Property is presently an abandoned gravel pit and there are nu occupants, Existing Transportation System • No pedestrian walkways exist. The property is serviced by freeways and secondary streets through cars and trucks. No bus transportation exists. City Guide Plan Framework Zoned industrial in Guide Line Plans Critical Public Decisions Flo critical pronlem exists. Property is very accessible, serviced by three diamond interchanges, freeways and primary and secondary streets. No environmental problems exist because there is no body of water within the area. No heavy industrial is contemplated. Additional General Project Information The project is a continuation of the area development and the area will benefit by the continuation of Shady Oak Road from Highway 169 to Valley View Road. .N.71 • Shady Oak Industrial Parks Page 3 C. Site Area Analysis - Site Plan An overall plan is submitted. The same type of landscaping and con- struction is found at the Bachman Building, 9600 Valley View Road and the Interstate Power Systems Building at Washington and Valley View Road will be followed. Grading A two foot contour grade plan is submitted. Utility Plan The proposed plan denotes all utilities to service the property together with easements. Preliminary Architectural Drawings The site plan denotes the building locations,standard architectural drawings and will be submitted as the various buildings are leased and ready for construction. Housing or land/Building Use Profile The property will contain a maximum 30% office or showroom space and minimum of 70" manufacturing or warehouse space. Parking will be adequate to service these requirements pursuant to the code. Zoning Classification and/or Variations from City The property will be classified 1-2 and no variances from city ordinances will be required except the buildings will be constructed with common lot lines for trucking area with coirenon driveways between trucking area. Phasing and Construction Schedule In 1979 Shady Oak Industrial Park will be constructed 100 percent with occupancy in the Fall of 1979 and Spring of 1980. In the Shady Oak Industrial Park two 60,000 s.f. buildings. Additional Information Aerial photos are attached. 1t.1Y3 • • Shady Oak Industrial Parks Page 4 B. Data for Preliminary Plat Identification and Description 1 a) Proposed name of subdivision is Shady Oak Industrial Park 2nd Addition. b) See plans attached. c) Owners - See item 13 Specific Plan Requirements above. d) Graphic scale - See plans e) North Point - See plans 77 f) Date of preparation - See plans Existing Conditions a) Survey attached. b) R-O c) 6.8acres d) See plans for 59th street and Shady Oak Road. e) See plans attached. f) A certified list is being obtained through Title Insurance Company of Minnesota and will be submitted. g) See plans attached h) None except for common easements which are incorporated in deeds. • i) Previously submitted to City Engineer. j) Presented by Braun Engineering to City previously. Subdivision Design Features a) See plans attached for streets b) See plans for proposed easements. c) See storm sewer plan attached. d) See street plans prepared by Rieke, Carroll and Muller e) Ditto for utility lines. f) layout of lots with demonsions - see plans attached. g) See plans attached. fqa RiatWQrird 9t f p✓n / >48n gl je z 0000 VALLEY VIEW ROAD EDEN PRAIRIE,MINNESOTA 55343 TELEPHONE t612)0446003 • • INDUSTRIAL DEVELOPMENTS IN TWIN CITIES Andrews Engineering — Computerized Laser Medtronic (Kastec Div.) — Heart Valve Mfr. Beam Technology Plant. 9905 Hamilton Road, 2100 Fernbrook,Plymouth,60,000 s.f. Eden Prairie,42,000 s.f. Metro Printing — 9675 Hamilton Road, Eden Bachman Floral — Computer Center & Ware- Prairie,2P 000s.f. house. 9600 Valley View Road, Eden Prairie, 60,000 s.f. Minneapolis Glass — Window Asserbly Plant. 28th&Fembrook,Plymouth,45,000 s.f. Blackbourn, Inc. — Plastic Binders and moulded cassette cases. Crosstown Circle, Eden Prairie, McQuay Perfex Office/Distribution Meat 45,000 s.f. Highway 55&Xenium,Plymouth,32,000 s.f. Bradley Automotive —Car Kit Assembly Plant. Random Specialties, Inc. — 6900 Shady Oak 27th&Fernbrook,Plymouth. Road at Washington Ave. So., Eden Prairie, Carlson, CFS Co. — Distributor Plant. 9935 40,000 s.f. Hamilton Road,Eden Prairie,15,000 s.f, Renal Systems, Inc. —Kidney Dialysis Machines Clark,J.M. — Office/Warehouse.9940 Hamilton Mfr.28th&Niagara,Plymouth,25,000 s.f, Road,Eden Prairie, 19,000 s.f. State Highway Department —Trucking Center. • Dennesen Insulation — Warehouse. 14350 27th 9920 Hamilton Road,Eden Prairie,20,000 s.f. Avenue North.Plymouth, 19,000 s.f. Swingle Furniture — Distribution Plant. 9925 Hamilton Road,Eden Prairie,50.000 s.f. Detroit Diesel Allison—Power Engine Assembly Plant. 7180 Washington Ave.So., Eden Prairie, Uniroyal,Inc.—Warehouse.Water Power Drive 28,500 s.f. &Xeriium,Plymouth,50,000 s.f. Douglas Corporation — Plastic Extrusions. Wheelgoods — Distribution Plant. 9925 limit 9602 Valley View Road, Eden Prairie,60,000 ton Road,Eden Prairie,20,000 s.f. s.f. Entpro Sales — Warehouse. 14350 27th Ave, Standard Oil Building — 2800 Wayzata Bltid., 100,000 s.f.redeveloped for: North,Plymouth, 19,000 s.f. Target Stores,Inc. Northwestern Bell Telephone Co. 1-lesston Manufacturing — Distribution Plant. Minnesota Protective Association 9910 Hamilton Road,Eden Prairie,17,000s.f. Interior Wood Products — Hardwood Mfr. Apache Office Building—20,000 s.f. Midway Industrial Park,St.Paul,60,000 s.f. 6700 Excelsior Boulevard — Office Building, • Knox Lumber Co. — Home Office& Dislribu. 20,00D s.f. Lion Plant. Midway Industrial Park, St. Paul, Wayzata Bay Center—114,000 s.f. 91,800 s.f. • Linfor, Inc. — Hydraulic Parts Mfr. Highway Marriott Motel--450 room,Bloomington. 55&Vicksburg,Plymouth,32,000 s.f. /09 • • el and ,MMQn 9600 VALLEY VIEW ROAD EDEN PRAIRIE,MINNESOTA 96343 TELEPHONE 1612)944.6903 • April 19, 1979 • • City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Attn: Chris Enger Planning Director RE: .Shady Oak Industrial Park, 2nd addn. Dear Mr; Enger: Following are particulars on subject proposed Preliminary Plat: 1. Location - West of Shady Oak Road between West 68th and West 70th Street, Eden Prairie, MN 2. Area - 12.9 acres with dimensions 780' X 4321 0 640' x.460' (approximate 1 3. Lots 1, 2, & 3, BI, Shady Oak Industrial Park 2nd addn. 4. Users • - t T& 2 - Robert E. Murray of Edina, who will construct two 50,000 s.f. office/warehouse buildings identical to his Bachman Floral/Douglas Corporation building at 9600 Valley View Road. L. 3 - Parker-Hannifin Corporation of 1000 Pennsylvania Avenue, Brooklyn, NY I1207, a facility to house, warehouse, and distribute the Parker Automotive products manufactured at Cannon Falls , Minnesota and to provide offices for district employees now located at the American Hardware Building on Lake Calhoun (3033 Excelsior Boulevard). Size 57,000 s.f. Total ground floor footage - 157,000 s. f. Surveyor - Gary Gabriel • Yours v tr ty, Richard W. Anderson /mt J490 • • .- •••. • . -- ,,, ,.,./.,---i- c...c..,•D : " ... / ; .... . ..., ..._....._...............___ ,! ......... . ,,. •.„..... ., ,__. , „,-,-, -,-- .---- ,.. . -..:`,\ i •,. '+; �'` .4ACR$Sti' N, '4• `•• 2.0 ACRES .,` ' L� E- 11? _ / :?:Z' ([�� .n'-V 4.•• L '?. . • . ' ',..rp .....1 2.0 ACRES , ,' kiTor : / / l - \. .t _ \ il?�.-.tea. „ ), . .--;,-.i '1., '\:.1 .5..1-a.1./. .1,',...,.. Y' t k i i ' /f l ti ' \\ ' 1 1 R { //i / f 1 11_ 7 `V,.. �� 3 a ACRES l e� M,N ._ \,• x• ACRES • •-� �li i ', t 1 v, .. I. ....:/ Ni.,,,\, ,t \\ , .\ .. ,.. [I 'IL:i i* :1 - 1(1 :.: 4prVij, . 1 ."-7,7,..'.;: 2",:// toijil -.-,. \• \ . 1 -( -., Alf:',1.--!,.:..... lii • i'il ' .. ''.: 1 ‘..,... 1:i....t,. . ,,,. i i : -34 ACRES,. i....,.4 , 1 .: , ,, , I , .. , ..... , �.L..L •�__ t _ i, ..cam-- �=W:a+a'+S-' '" �'" t f - ....` .1\ '�• 7•4r 14.4.0/.nr 11•f 4 r:! 5rt 4 11,d„,. iP • • . \ \............................„.. `......--s..%:'',..,...t... • ',... r • • • . 4..4 . . —7'.:^4i: qt.i..• ' , s. . , t d ksi‘' • •• ..., '''. ,\:\ • / Syr f• • •0 \ • • • • \--:47 -s • • _�r • • ;J'q ; �" — o. a ti. �,3a' -:..7°:_t2712-. -r • 1 1I STAFF REPORT MEMO: TO: Planning Commission FROM: Chris Enger, Director of Planning ' DATE: April 17, 1979 PROPONENT: Richard Anderson Incorporated REQUEST: Rezoning from Rural to I-2 Park and preliminary platting for 3 lots on approximately 12.9 acres PROJECT In the northeastern area of the City in the Smetana Lake LOCATION: area north of Valley View Road, and west of Washington Avenue. BACKGROUND This request is the Second Addition of the Shady Oak Industrial Park. It is part of the overall industrial development of the Smetana Lake area, north of Valley View Road. The 1968 Comprehensive Guide Plan and the 1977 Comprehensive Guide Plan Update illustrate this area as Industrial. The City has received a 100% petition for construction of Shady Oak Road from existing Shady Oak Road and Flying Cloud Drive on the West, doom toward the southeast to Valley View Road. The City previsouly received dedication of a portion of the southern right-of-way of Shady Oak Road, north of Valley View Road, from the Swendseens. The balance of the right-of-way dedication will come from Richard Anderson. The feasibility of the construction of Shady Oak Road is being studied by the City Engineering Consultant, Rieke, Carroll and Muller, and construction is expected to be completed by the end of the building season in the Fall of 1979. This will make industrial lots available for development along the entire length of Shady Oak Road. The two lots proposed for development currently by Richard Anderson, according to a field inspection, have been graded as part of the develop- ment of the gravel mining operation in the area, and Mr. Anderson is currently entertaining two single purchasers for the three sites, anticipating the construction of two buildings - one this summer and one in the subsequent year. ORDINANCE REQUIREMENTS Ordinance 135 requires lots in the I-2 zone to be a minimum of 2 acres in sizm. with a minimum front yard setback of 50',on corner lots a 50' front yard setback from each road right-of-way is required, however, parking within one-half of the one minor road is allowed on a corner lot. The side yard setbacks for the 1-2 zone are 20' , for a total of 40', and rear yard setbacks are 10'. Parking is not allowed within 10' of any side or rear lot line or within 5' of any building. The minimum width of a lot in the I-2 zone is 200', minimum depth is 300'. SITE PLAN The entire area anticipated for maximum build out of the Shady Oak Industrial Park is a combination of poor soil and previously mined gravel area. The area is currently heavily scarred with grading operations and culmination of the construction in the area as soon as possible will speed the ultimate finished appearance of the area. 105 • Staff Report Page 2 Richard Anderson, Inc. April 17, 1 79 The site plan illustrated depicts a road right-of-way be dedicated along A, the southern boundary of the site, which would eventually access out to Flying Cloud Drive as it exists as a cul-de-sac south of Shady Oak Road, parelling Shady Oak Road. GRADING AND DRAINAGE As mentioned previously, substantial grading has occurred in the area, and substantial improvement of poor soil area is required prior to construction. In addition, there is dense scrub vegetation throughout the lowland area and some remnant of vegetation on the higher knoll, which will ultimately be removed at time of development of the entire Shady Oak Industrial Park. LAND USE The 1-2 zone permits up to 50% office space but is primarily intended for manufacturing, warehousing, and other industrial uses. It is not a zone intended for any retail sales use or for any commercial ventures which is not directly appurtenant to the Industrial Park itself. The Smetana Sector Study illustrates the importance of maintaining the Industrial use within this area because of the limited exits for transportation in and out of the area. Inclusion of significant portions of retail, commercial or office uses within this area will seriously overload the transportation systems. The Planning Staff therefore strongly advises that the Industrial uses re- quired in the zoning ordinance be strictly adhered to in order to preserve the integrity of the Industrial Sector. FINDINGS AND CONCLUSIONS 1. The proposed land use as Industrial is consistent with the 1968 and 1977 Comprehensive Guide Plans. 2. The schematic Site Plans have been evaluated based upon compliance with Ordinance 135, and recommendations are based upon no variances being requested. 3. The cash park fee of $1200 per acre shall be paid at the time of building permit issuance. 4. The construction of the building shall not occur prior to construction of Shady Oak Road in the area. 5. Construction of building on lot 1 shall not occur prior to construction of the road bordering the property to the south. 6. Detailed soil borings must be submitted as a part of the building penult application. 7. All parking, loading and mechanical areas must be screened as required by Ordinance 178 and 135. • • Staff Report Palle 3 Richard Anderson, Inc. April 17, 1979 B. Buildings shall be constructed as grequired to the performance standards of Ordinance 135 and as required by the Uniform Building Code. 9. Evaluation of overall drainage of the entire area is being accomplished by the City Engineering Consultant, Rieke, Carroll and Muller. 10. The plan must be evaluated by the Nine Rile Creek Watershed, prior to. building permit issuance. RECOMMENDATION The Planning Staff recommends approval of the request for reZoninq from Rural to I-2 Park and preliminary platting for 3 lots on approximately 12.9. aitres, in accordance with existing City Ordinances and subject tO the Findings and Conclusions of this Staff Report. CE:ds • • • ? :11 CITY CF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 79-08 • AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS • FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the Rural District and shall. be included hereafter in the R1-13.5 District. Section 2. The above described property shall be subject • to the terms and conditions of that certain Developer** Agreement dated as of ,1979, between COUNTRYSIDE INVESTMENTS, INC.• and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1-13.5 District. Section 3. This ordinance shall become'effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the LI day of C ,1979, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of • ,1979. .. Wolfgang H. Petrel, mayor ATTEST: SEAL John D. Frane, City Clerk Published in the Eden Prairie News on the •_,_ y of 99,, itig4 • • • • • That part of Government Lot 4, Section 5, Township 116, Range 22, Hennepin County, Minnesota, lying within the following boundary: Commencing at the northwest corner of the East 40 rods of said Government Lot 4, Section 5, Township 116, Range 22; thence south along the west line of said east 40 rods a distance of 1261.2 feet, more or less, to the. centerline of the Town Road(also known as Duck Lake Trail); thence northeast along said centerline a distance of 150 feet ; thence north parallel with the west line of said east 40 rods of Government Lot 4- distant 200 feet north of the centerline of said Town Road(as measured along said east line); thence north along said east line of Government Lot 4, to the northeast corner of Government lot 4; thence west to the point of beginning. Except that parcel conveyed by Warranty'Deed dated November 26, 1975, and recorded June 18. 1876, in Book 76, Hennepin County Records, Document Number 4213992 Also Tract A, Registered Land Survey No. 1111, Files of Registrar of. Titles, County of Hennepin. Also the south half of that part of the West'half of the southeast quarter of the northwest quarter lying east of the west 1 rod thereof, Section 5, Township 116, Range 22. • . Also the north 662 feet of the west 40 rods of Lot 4, Section 5, Township 116 North, Range 22 West of the Fifth Principal Meridian. • EXHYBIT A • HIGH TRAIL ESTATES • i(i9" • • hilt)//9 • • DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1979 by and between COUNTRYSIDE INVESTMENTS, INC., a Minnesota corporation, hereinafter referred to as "Owner", and by the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City to change the zoning from Rural to RI-13.5 for approximately 40 acres more fully described in Exhibit A. attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to plat and develop the property into lots for 79 single family residences. NOW THEREFORE, in consideration of the Mayor and Council of the City adopting Ordinance 79-08, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated 3/26/79 , reviewed and approved by the City Council on 4/17/79, and attached hereto as Exhibit B subject to such changes and modifications as provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such time and in such manner as provided therein of all of the terms, covenants. agreements, and conditions set forth in Exhibit C, attached hereto and made a part•hereof. • 3. Owner shall convey by Warranty Deed that part of the property shown as tot lot on Exhibit B. outlined in green, to the City immediately upon filing of the plat and prior to issuance of any building permits. 4. Owner shall grade, seed, plant, landscape and construct upon the tot lot as shown on Exhibit B,-in conformance with the specifications for mini-parks as set forth in Exhibit D, attached hereto and made a part hereof. The exact location of the tot lot structure shall be designated by the Community Services Department. 9 Developer's Agreement-High Trail Estates page 2 • 5. Owner.shall shall assume its ed its of share Lake cost of the s, as determined by C of 6. Owner consents to an improvement consisting of a lift tation to serve the northwestern portion of the by ope rty. rtg=near.. station and location shall be approved Owner agrees to assume the entire cost of said i.mRraamard: and consents to the levy thereof against thepropernty, pre- vided however no part thereof shall be levied against of the property to be conveyed or dedicated to the City or public. • • • • 111(1y I • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporatio' of the State of Minnesota • Wolfgang H. PenzeF, Its Mayor STATE OF MINNESOTA) Roger K. Ulstad, Its Manager )SS. COUNTY OF HENNEPIN) • The foregoing instrument was acknowledged before me this day of , 1979 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad;the City Mana9er of the City of Eden Prairie on behalf of the City of Eden Prairie. COUNTRYSIDE INVESTMENTS, INC , a Minnesota corpora ion Its l,u. BY: � op' ` 1 i .. Its______________ STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) . The foregoing instrument wasacknowledged before me this day of d— , 1979 by Cr5/` -A: .... rco.4.ne0,c.) the , ,�p„�� ,,r , and .• QiCt.4.lfe CGIi «41 , the �2e _c.td of CountrySide Investments Inc., on beha of the corporation. ��Q. 77Je >c ' PAULM.TATONE otarA y Pubic ki NOTARY PUBLIC-wINNCBOtA 0' 'C DAKOTA COUNTY..My Comm. .(apnea,Jan It1SS% v..,wwww«.+•ww IJ)li;1 • • • • • • • • • • • • • • • • • • That part of Government Lot 4, Section 5, Township 116, Range 22, Hennepin County, Minnesota, lying within the following boundary: • Commencing at the northwest corner of the East 40 rods of said Government Lot 4, Section 5, Township .116. Range 22; thence south along the west line of said east 40 rods a distance of 1261.2 feet, more or less, to the centerline of the Town Road(also known as Duck Lake Trail); thence northeast along said centerline a distance of 150 feet ; thence north parallel with the west line of said east 40 rods of Government Lot 4, distant 200 feet north of the centerline of said Town Road(as measured along said east line); thence north along said east line of Government Lot 4, to the northeast corner of Government lot 4; thence west to the point of beginning. Except that parcel conveyed by Warranty`Deed dated November 26, 1975, and , recorded June 18, 1876, in Book 76, Hennepin County Records, Document Number 4213992 Also Tract A. Registered Land Survey No. 1111, Files of Registrar of. Titles, County of Hennepin. Also the south half of that part of the West half of the southeast quarter of the northwest quarter lying east of the west 1 rod thereof, Section 5, Township 116, Range 22. . Also the north 662 feet of the west-40 rods of Lot 4, Section 5, Township 116 North, Range 22 West of the Fifth Principal Meridian. • • EXHIBIT A • HIGH TRAIL ESTATES f)U1 • • • • • t t�• f 1 t o • S . iI e1 i ' i; (tit:t .i 1 is ...' 1 1 t !! 1 1$ ,a; 1'm!! 11;! -+1 ; t,,��- • .J q� ��aat H • . Mom-�:�_..k 14 t 111,I I I,. . 1,1' t4•1 t N, �, 1 , •—_ter„'- — _ ! y ..y—.:. ` 4. ____ '-� b I 4 lint L: a .. --i' • 1 : • :"-T—'- :::�_. (a a j• 11 1 1 e • d Lt "t ill ill s 4 i' ° ''/ .., -1 r� i _ " • k ., Fr--., • ; •fig_ r 1. i� "il S . 1 �_�' 1 . i • r7 `` s II i � 1 Ali ._ 11 , .:!Ii. , _,---\i "EXHIBIT 'B" i r T ro-P it R`._S---z r r€RT it T . ,--------.. EXHIBIT t page 1 of 3 I. Owner shall submit a development plan prior to approval of the final plat which shall show proposed grading, storm water drainape areas and direction of flow, preliminary utility plans, ponding area and flood plain high water levels for 100 year storm and minimum floor elevations for all lots. Approval of the final plat shall be subject to approval of the development, plan by the City Engineer. • II. Owner shall submit detailed construction and steam sewer plans to the Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. III. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $ per The amount to be paid by Owner shall he increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property.or any interest therein to be dedicated, transferred or conveyed as may be provided'herein by Owner to City shall vest in City good and marketable title, • therein free and clear of any mortgages, liens, encumbrances, or assessments. page 2 of 3 Exhibit C Y. All sanitary sewer, watermain and storm sewer facilities, streets curb, gutter, 'sidewalks and other public utilities("improvements")• to be dedicated to the City shall be designed in compliance with Citytstandards a registered professional engineer and submitted to the City Engineer for approval. All private improvements shall conform to the City's building code requirements. The Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be delivered to the City Engineer within 60 days of completion thereof. Prior to final plat approval, or issuance of building permits, if no final plat is required, the Owner shall: A. Submit a performance bond or letter of credit which guarantees completion of all improvements to be dedicated to the City as determined by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improve- ments. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of said costs. Said bond or letter of credit shall specify that said improvements shall be completed and acceptable to the City Engineer not later than a date to be specified by the City Engineer and that said improvements shall be fully guaranteed against any defects in materials or workmanship for a period of two years following said completion and acceptance date. Acceptance of improvements by City shall be subject to recommendations of the City Engineer and to receipt by the City of the Owner's warranty, guarantying such improvements against any defect or defects therein for a period of at least two years, together with a bond or letter of credit in the amount of 25% of the costs for such improvements in such form as shall be acceptable to and containing such further terms as shall be required by the City. B. In lieu of the provisions of subparagraph Y.A. above, Owner may submit a 100% petition signed by all fee owners of the property, requesting the City to install the, improvements to be dedicated to the City. Upon approval by the City Council, the City may cause said • improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any thereof which shall be dedicated to the public,over a five year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's performance of the rough grading work shall be secured by a bond orletterof credit which shall guarantee completion of the rough grading as determined by the City Engineer. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shalt be in such • form and contain such further terms as may be required by the City Engineer. t5 • page'3 of 3 Exhibit C C. Submit to the City Engineer a development plan showing existing contours, proposed grading, finished elevations, streets, sewer, water and storm sewer preliminary align- ment and grades, minimum floor elevations on each lot, drainage ponds, high water elevations, and arrows show- ing direction of surface drainage, locations of trails, •etc. 0. Pay to City fees for first year street lighting (public streets) engineering review , and street signs. VT. Owner shall file this Agreement with the Register of Deeds or Registrar of Titles and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. VII. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of • filing in accordance with item VI. hereof, Owner for iteself, its successors, and assigns shall not oppose rezoning of said property to Rural. VIII. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. • IX. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, - except: -� e �,C 4 �. f � rd0' lea • E —r. ► c 49rrt444.. SC P 1 .2/ isn f',, > /3a / y CITY OF EVEN PRAIRIE 11/13/78 • SPECIFICATIONS FOR MINI PARKS N. PART I - Turfgrass area A. The deve ,oper shall prepare the ground surface area of the mini park by supplying at least 4" of topsoil over the finished subgrade. Topsoil shall be of the same quality or better than that of the original site and shall be capable of supporting ia cultured o uredfingrfgrasS.l Topsoil shall be rakedJout•to a smooth finish prior larger shall be removed prior to seeding. B. Turfgrass shall be seeded at a rate of 4-5 lbs. per 1,0)O sq..ft. Turfgrass mix shall be as follows: • Park Kentucky Blue Grass 35% Aquilla Kentucky Blue Grass 1 • Ruby CreepingKentucky Blue Grass 255 Creeping Red Fescue 25% Variations in turfgrass mix shall be approved by Community Services Staff prior td seeding. . Planting times shall be April-May, August 15-September 15,. l'ate October, or by approval of Community Services Staff. PART II - Play Structure •A. Play structure Structure shall includere Tot Lot F climbing, sliding,iandtswingingg 8 or equivalent. devices. All wood components shall be 4"x6" and 6ux$" redwood, free of heart center. All support posts shall extend below ground surface to a depth of at least 3'6". in all B. Play componentstof theall structurenclosed osAdbar barrier shall be a sandlot 'constructed to1encircle the sandlot and play structure. The barrier shall be constructed of cedar, red- wood, penta-treated wood, pressure treated wood or concrete. Barrier shall _ have a continuous width of at least 4 inches and extend above the ground least 12" and not more than 18". Barrier shall extend at least 3'6" below groundsurface preventt Sand shall be placed to a depth of at least arar da to • Pie" :T v q"0 s' tea . tv-Yr,s •,e.>m • �a '� ohs ,ht"04 EXHIBIT BG%hI U i` 1.: .z,... • • - Mini Parks -2- II/13in . . PART I11 - Access to'Mini Parks All acy ses o mini parks will be provided with an it wide bituminous pathway. Pathway shall be a 2" bituminous mat laid over a d" crushed limestone base or 4" deep strength asphalt laid over compacted sabgsade. Mini parks shall have direct abutment to a City street on: at least Off` side. • PART IV - Tree Plantings ings A. theminiaparkearea. Tree planted at lantigs rate of S shall be from r acre in the$followii`ng varieties: Deciduous Evergreen Hackberry Scotch Pine Ash Austrian Pine Sugar Maple Red Pine Norway Maple Black Hills Spruce Red Maple Colorado Green Spruce Linden Douglas Fir Thornless Locust - Oak Birch Deciduous trees shall be at least 1s-2" caliper and evergreens shall be at least 4-5° in height. B. Existing desirable overstory tree species may be used as part of the .piantig requirements. • 6.0j CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 79-09 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: , Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, Lot 1, Block I, Edenvale Second Addition shall be and hereby is removed from the Rural District and shall be included hereafter in the Public District. Section 2. The above described property Shall be subject , to the terms and conditions of that certain Developer's Agreement dated as of ,1979, between SAINT ANDREW LUTHERAN CHURCH ' and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the Public • District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17 day of April ,1979, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,1979. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, City Clerk Published in the Eden Prairie News on the day of ,3 7S;. RAP 609 May 29, 1979 St. Andrew Lutheran Church DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 27s .3J, , 1979 by and between SAINT ANDREW LUTHERAN CHURCH, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to es "City", WITNESSETH: WHEREAS, Owner has applied to City to change the zoning from Rural to Public for approximately 3.5 acres described as: Lot 1, Block 1, Edenvale Second Addition, hereinafter referred to as "the property", and WHEREAS, Owner desires to develop the property as Saint Andrew Lutheran Church. NOW THEREFORE, in consideration of the Mayor and Council of the City adopting Ordinance 79-09, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall develop the property in conformance with material dated March 8, 1979, reviewed and approved by the City Council on April 17, 1979,'and attached hereto as Exhibit A, subject to such changes and modifications as provided herein. • 2. Owner covenants and agrees to the performance by Owner at such time and in such manner as provided therein of all of the terms, covenants, and agree- . ments set forth in Exhibit 8, attached hereto and made a part hereof. • • 3. Owner shall not install lights for the parking lot. (excluding entrance lights), closer than 140 feet from the northern property line. Lights shall be located as designated on Exhibit A, shall not exceed • 20 feet in height, and shall be equipped with cut-off luminars to restrict lighting to the property's boundary. fj�1� " • „ . . • • • „.., • • - • . . • • • . „ . . • • • • • . . • . . . . . „. . , • , .- •:• • r. • • • • • • Developer's Agreement-St. Andrew Lutheran Church . page 2 • • 4 . Prior to issuance of a building permit, Owner shall submit a detailed landscaping plan, including but not limited.t0, a berm and 8-12 foot evergreen plantings along the- • • property's northern boundary and within the baCiVer'de tir the single family lots abutting the property•to the north, as. depicted in Exhibit A, to the Planning.Department fr review and approval. • •, • ..„_ • . . _,..... ••. . . -..• •• ;.• . „... • • __ • • . .1.T.;": • • • . , • • • - • . . . „ . . .•• • • ..,.••••..,„ ...,.... . •. . . „. . Agreement-Saint Andrew Lutheran Church page 3 k IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year.aforesaid. CITY OF EDEN PRAIRIE, a municipal corporatic of the State of Minnesota BY: Wolfgang H. Penzel, Its Mayor BY: Roger K. Ulstad, Its Manager STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 1979 by Wolfgang H. Penzel. the Mayor and Roger K. Ulstad, the City Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. Notary Public SAINT ANDREW LUTHERAN CHURCH BY a Its �h Cikeef..''-I STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this?Iday of.111 Z _, t 1979 by '74%41/ 1 4.' r,,-,,,,/ the l, t- of saint Andrew Lutheran Church on behalf of the church. - {isceuca.K ��''1y{ � .yl �n r.CNUTSNN N� ary Public; ': r, ; Ji1t Ri, t.•:\FIC NNCSNTA� �. "r.``.ti �.MP...7,;a CUUtiTY , . I l i . • , ...,: . . • . . ..-'' ... ...... . it it ii ti) 1 ,.. II . ,? r` -••tc'F'74?' - • — • .. \''' ':r1 1 ;1 sl‘ti CI ,• I l'' I ,i.., „..• 1 \ \ , ,, \ \ ',„ if.— A , ` s ‘ \ \ I .!. •tt \'''''.. *i. \ kt\''''1 \ .' \ *V. ' \ • I 4! I 1 tAl \I \--1., ' • , \ i .... 1 1 1 ,2 I i I q ; . • ..- 4 IT ., c' ..C . ', . %itt11 't :4 t, .4t t ri\ A .. . ,..., .. m• ; 0„ • r't, ,Lt, •,, A: i. „:1, .. . ,•,.. : . 1 ; •• , , ' ,.• . ... l' • AL'-'•-•. ----,..- ..=.------:-.'',. .., :•7..'-] 1 I eq i I i\ I — 1 I, • , , ,-..,f7.-,• - ,. , 1 I .ki 1 , , „ . . 1 11!! • '''',- a 1 p 11 1, 1 1,...-i'-'. t'''' \ 1 i'....f ..'it'rirtp • ••••• .,•,, ::,••,' .....-:7'. ;. i I..., ,, ‘ ',.. \ •,. %., 1 : ;1,1 It., ,,, .. , t., ..... ..:,....,•• t/1 ,:•.,:‘ \ , •,, s •,4 -Ass ii \ ., .. 1%. • .-::::. i,g 4.1- \•,,\\;\ \ \ ,....4.1/4 -:,, ss. ,... . • ., ....---1- ; \ • \\\\',. \ \ s, , •.,...„, ....,,, ....:.,,,,- .1-- \ s\s‘iy\\‘‘,. s,•,,\ ss.. \..;.,,,xi,/ .- . .,. ....' ...,. ..., ... \ ,... \N.,.. ... \ . \ . •. . \d, :., --,/ „..... ., •, .. ....... ! ‘, r. N,,,.\\, \ ,.. ...... .i. ,, ,, • •••.f... •Ei IE...., \ .,..,, ...., ...1 .. ‘,. • ,., .. IIIs . ......... • , .. • , ... • ,•,;,•:; , . i Iiir/ „),.,.. \ \ \ ,.:.- , -.. „,. - --- .. ;; .1 ...,......,.. , ,.,-,...-___—÷--Prs., r, \ \ %:,--•1\-, ---. --, ;,,p' \ : ,1 : .•••.:-...., .% • ' ,'' 11 . ..., ; f., \ \ \ s• \ ss \;,- \ \ '--..., 6, ;, ; 1 A 1 1., i, „ ,,, \ \ ‘..., 6, ;,, s, \t...k.,), • .,\ • . :::•,,. .,., . ... ., • ,? A '..'.'1,,.. . i, 1\ ' \ (s*.:Iit . ' • 0-41.14•••, s ....,• Al , , . ._ 4t(fe 1 ,IPAVis .4; \ f r s; .4\ ., • , „,:, ... , ,.... ; •,,,v „ ,, ,--fr,;...1, ; -,,,-„,: ...N;a0 ‘,..- , .., . .;„ ,....4—.• , I ...,,, :,. ..„,.•,,. ,, „ iv„, \;% \ t,..4\ -......40.: %,, \ I .„ - f `. 1,:."' `,`'• '., I 1 . .•.., ...,...-. . t :I or 1 ‘ , i .1 Ini \ \ : 4 , , it . 111 " 4 4 • 4 i j 4 4 1 ' lee ! \ %. 11 \\ , i i . '.\ I : i f ........ ..,,, ... :-...,. ,,.... •..g / EXHIBIT A\‘• \\>{1 paOla \\ ... March a, 1979 ‘ss \ _......— , . -- ••• ,-..:...--,:t...,..,.10041011 "-"."1": ,..,•,.. I .1: 1...... ST.ANDREW LUTHERAN CHURCH 1 ' ______ —...;.-- Eid .I..I MA MUM. ,•,--,16111•8460-14%i.....-V« , mg:....r.".-e"....,!..°.••:. ,.•.., :::,,n•:,".: .15 I • •- ••. " •, .,., ..,..,„._ . • , .. . ...... ..,.,,',•:...:. ',..'.:..,•...'.,,,. . 7,Tt:,,f.,-•- •••• ' '•''..•'',"--''-f'-•,":"',12$"'''''''.,":-...,..',';,'''''..."7i'•••••.:.': :,' '..."..f.'• - ' '.'''' ,''.."•'2;;;''''; •''''-'.'''..'-•.'''...'.'''':''.'''''''','.-' ''' -.-:.".,::','7•;••'-'''';',.,, ''''''-'''',-,•,.i'''',"i;'•':-.::''...,1 'F.•'..'..• , ' ''. . ': ' . • '. , ., , ,, ",Z', " ' " • .' ....'::::-.''. • - . . . ... . • , ...„, . . • . • . ,. . .„. ' . ....... • , .. . . ' • , - • ' .,... • . .. , .r.,. . '.,,.....z...: . . .... "..,:i: .;;•„••• • .....,-..,......,.... . ....,y .11 ill- i , flirt., i 1 ' 1,1"1- . ,.?I II.:".1 f t I i . f ';'::,. I rill!I '1,11-• a 1 • ° [IT,:'1"'; 2 .1 l.'..:.1;,' i ;• ;. i 4 IT .1.• p. r'•,'! 1.• 1. . i•',, " • g l'. I,'.1 i I .t. 1 ., 5 ,1 II .:-.4""•..,- . ..- , 1 ,,..; . ii 1 1 i„. i:11.i. .e'', . 1 ,• 11.; II, ,1 liti 1 ' ...41' ' r ----" ' i ;:I:I ' -:::-:-.*:. 1 1 I I !,1''1 4 .. ...„ ...., I . ,i • •••••.•-•:::." ..,..,., .. 1! -7.i•1., lH -.. ,..i,,,..•,:..... • :.i.! ' • I I -:: 1 : -t1 -4.. .., . • ,.., ' , .,..1 ' .,.... ' ''1, ri lit,:4 ... .•,,.'• , q .... , 1:',-:iii.•:. ,;::::':•: •J.': .,:. ,,.. • :1'... l'' I'': '' : .:/".. r .,..... ,..,, • ;. • . , ,.1; ; ilt.".1-4i .,...., ,,. .., i• :. `. v.: ii I ....., I.'' '.... ...... ..... I ..„. ., ,.... 11 ..... t. ,..-.. 1 'I: 4' l'1141:( 1 - Illi. • 'i•.r •• Ili , tli ....„.. •' I' ' It lo .. .1'.. !•ili:. . .1'"•ii' , ,„..tilic.1 . ',•;.::,,,,...• •-.• il'.. . - .1.,..,.....• ....k1 fittil r •••• lift* ' • . , .... 1 . ;1'..'''' .'. : -.-',, . '''''..•.;-; g;thibit.-.. :LA,.:.-'..'.... ',......;"., Mini)-.13, 4iii92.7.=;;.,,,,...... -. :.",'::;::''.....'-i.:::',5.,......::.,',;.::::•.;;:,••,.,, , .... . . . _...- . ''''-'''-:'''''''-1.---:::,•.7 .....42...'::';'...‘"-,T'.'.:„.. .iiiRcH.'I,....,,,,,,,,'" '''" -4#1iiii%elf. A4.,_.;'•"'''..','*....'•'-:.',•'.. . , i 1..-•''''..' 11. 1:-: 11-1 Er.ANDREW'L----ir.1,•:.11,1_1141416°Q14-- - :'':-''''':;•-•'''.:.1''-:•.'• '-.•'.:.•-• •"`."...•;":`-',. '...., ' ..;',''-' i' .:$0 • . . .,.. .. _ .., • • • • • • • • Developer's Agreement-St. Andrew Lutheran Church EXHIBIT B I. Owner shall submit a development plan prior to approval of the final plat which shall show proposed grading, storm•water drainage areas and direction of flow, preliminary utility plans, ponding area and flood plain high water levels for IDD year storm and minimum floor elevations for all 'lots. Approval of the final plat shall be subject to approval of the development plan by the City Engineer. II. Owner shall submit detailed construction and storm sewer plans to the Riley/Purgatory Creek Watershed District for review and approval. Owner shall follow all rules'and recommendations of said Watershed District. • III. Owner shall submit to the City Engineer a development pan showing existing contours, proposed grading, finished elevations, s6ieuts, sewer, water and storm sewer preliminary alignment.and grades,, minimum floor elevations on each lot, drainage :pends, high Ater • elevations, and arrows showing direction of surface drainage, • locations of trails, etc. IV. Owner shall pay to City fees for first year street lighting (public streets) engineering review, and street signs. V. Owner shall file this Agreement with the Register of Deeds or Registrar of Titles and supply the City with a copy of this agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this agreement. • VI. If Owner fails to proceed in accordance with this agreement within 24 months of the date hereof and provide proof.of filing in accordance with item V , Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. VII. Provisions of this agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. VIII. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, except: . . • EXHIBIT B 1516 • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 79-13 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the Public District and shall be included hereafter in the R1-22 District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of ,1979, between IMMANUEL LUTHERAN CHURCH and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1.22 District. Section 3. This ordinance shall beenmry effective from and after its passage and publication. 7.74 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15 day of May ,1979, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of . ,1979. Wolfgang H. Penuel, /layer ATTEST: SEAL John D. Frane, City Clerk Published in the Eden Prairie News on the ray .137 , • • • • • The East 100.03 feet of the West 663.55 feet except that part of the East 70.03 feet lying North of the South 300.00 feet thereof as • measured along the said lines thereof of the North Half of that part of the Southwest Quarter of the Southeast Quarter, lying North of Old Chanhassen Road, Section 8, Township 116, Range 22 West, Hennepin County, Minnesota, subject to road easement over the Northerly 30.0 feet thereof. ` EXHIBIT A. IMMANUEL LUTHERAN CHURCH HOME REZONING • • May 17, 1979 IMMANUEL LUTHERAN CHURCH DEVELOPER'S AGREEMENT 1, THIS AGREEMENT, made and entered into as of • ,1979 • by and between IMMANUEL LUTHERAN CHURCH, hereinafter referred to as "Owner", and by the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", .WITHESSETH: • WHEREAS, Owner has applied to City to change the zoning from PUBLIC to R1-22 for approximately .8 acres more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to sell the property as a single • family residence. NOW THEREFORE, in consideration of the Mayor and Council of the City adopting Ordinance No. 79-13, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall develop the property in conformance with the material dated March 19, 1979, reviewed and approved by the City Council on May 15, 1979, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. Owner shall remove the property from the County Tax Exempt Roll. 3. Said property shall meet all Requirements as to:permitted uses, purpose, etc. contained in Ordinance 135. ' 4. Owner shall pay $275 cash park fee, or the amount provided by ordinance, at the time of sewer or water hook-up. 5. Owner shall file this Agreement with the Register of Deeds or Registrar of Titles and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 'days from the date of this Agreement. • d`l I . - ::': • • 6. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accordance with paragraph 5 herein, Owner for itself, its successors, and assigns shall not oppose rezoning I: _ of said property to Rural. 7. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. 8. Owner represents and warrants it owns fee title to the property free and clear of mortgates, liens and other encumbrances, except: 9. Conveyance of property shall be subject to subdivision approval by ''.1:.' City under applicable ordinances. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota Wolfgang H. Fenzel, Its Mayor Roger K. Ulstad, Its Manager STATE OF MINNESOTA} COUNTY OF HENNEPIN)) The foregoing instrument was acknowledged gefore me this day of , 1979 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, the City Manager of the Cit.,, of Eden Prairie, a municipal corporatioh on behalf of the corporation Notary Public IMMANUEL LUTHERAN CHURCH its STATE OF MINNESOTA) ;ti'•a= t+OTAN Pu?1tt.A;.;,rt;2.A T^ titniurPIN EOUNT5' COUNTY OF HENNEPIN oar' ""°°um.Its.*7 ►'+ The foregoingre/ instrumente was acknowledged beforefo me this5C day nf.,�, G , 1971 by_ {I��uC. p7 the_,P` gun behalf•of the T Lnm4nue A heron attach • • • The East 100.03 feet of the West 663.55 feet except that part of the East 70.03 feet lying North of the South 300.00 feet thereof as measured along the said lines thereof of the North Half of that part of the Southwest Quarter of the Southeast Quarter, lying,North of Old Chanhassen Road, Section 8, Township 116, Range 22 West, Hennepin County, Minnesota, subject to road easement over the Northerly 30.0 feet thereof. EXHIBIT A, IMMANUEL LUTHERAN CHURCH HOME REZONING 0.GHRhsr. .UfHERAN�yU� 2 :/', 3 � 4 ey • :., ►s � � t°''S'Fgwgr. � • o s • 30TA 5S343•PHONE g4S 2n • March 19, 1979 City of Eden Prairie Eden Prairie, MN. 55344 Dear Sirs: We respectfully request a zoning change in respect to our parish houac, located on the western portion of our land and facility at 1o515 Luther Way. Our entire parcel, including the parish house, is presently gonad public; we ask that you re-zone to R1-22 the eight tenths of one acre and the house under consideration. The house was built as a parsonage and was used as such fron 1902 until 1972. Since that year its primary purpose for us has been to accomodate our parish education program, particularly on.Wednesday evenings and on Sundays. AI3C Day Care Center has also used the facility during much of that time. We will begin the construction of a new sanctuary this Spring, and upon completion our present sanctuary will accornodate our program of oduation, making continued owndorship of the house unnecessary. Further, in respect to our tax-free status, we are reluctant to retain the property for the express purpose of rental income. Nor, do we anticipate that we shall have future use for it in any way consistent with the intention of the church's program or the city's public zoning ordinance. We appreciate your attention in this matter, and trust that we shall be granted the re-zoning application, enabling us to dispose of the property. Sincerely, (.ter %�y- • '�� Dry Gary D.'Peterson EXHIBIT 8 page 1 of 2 • •/`/07 V • • • c In • • • • 7D• .D3 t4.9_ 2�a . • 0 JaTAIL i • N / . .41 U� f�b • • 0 1 /-S.F•Q4/yE ,/ %.. .''' ,„,. . .,) ' . . . . . - f� n i ...�. �G' ♦ — • The /nre o{i i 1°1aa,y� • •D3 0 7Tm .50a.44/.'.,c of-/fic Mv-/h//2 /� -/ —may EXHIBIT 8 o e•/hc 5.w,//4 of '/he 5.a. /J4/,/; o f MG v''Cha4has5u7 ea.'?a/(O iiilj T`a x�;Gaso� page 2 of 2 y i • . 122 • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 79-20 AN ORDINANCE RELATING TO REGULATION SWIMMING POOLS ORDINANCE THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. DEFINITIONS: For purposes of this ordinance an outdoor swimming pool is defined as any structure, basin, chamber or tank containing an artifical body of water for swimming, diving or recreational bathing, used in connection with a single family dwelling, and having a depth of more than 24 inches at any point and a surface area exceeding 150 square feet. Section 2. FENCING REQUIRED AROUND OUTDOOR SWIMMING POOLS: Subdivision 1. All outdoor swimming pools existing and hereafter constructed shall be completely enclosed by a security fence or wall at least 4, but not more than 6, feet high, and located at least 4 feet from the edge of the pool. The bottom of the fence or wall shall be no higher than 4 inches above the surface of the ground. Fence openings or points of entry to the pool area shall be equipped with self-closing and self-latching lockable gates. Subdivision 2. The enclosure for outdoor swimming pools may utilize a wall or walls of a house or building as a part thereof, provided the wall or walls are at least 6 feet high and the enclosure is completed by a fence or wall conforming to the provisions of Subdivision 1 hereof. Subdivision 3. All persons owning or operating an out". • • door swimming pool shall comply with this ordinance within ninety (90) days from the date of publication. . • Section 3. EXCEPTIONS: This ordinance does not apply to; (1) above-ground outdoor swimming pools having at least four foot high, vertical or outward inclined sidewalls, provided sole access is by means of a removeable ladder, ramp, or stairs which must be removed when the pool is not in use,.*(2) swimming pools which are wholly 3nclosed within a building or structure. Section 4. PENALTY: Any violation of this ordinance shall constitute a misdemeanor; punishable by imprisonmmnst for not more than ninety (90) days, or a fine of not more than $500.00, or both. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,1979, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,1979. Wolfgang H. Penzel SEAL ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of ,1979. Page Two i.).„,4 . -- May 15, 1979 TO: Roger Ulstad 6 1171 FROM: Keith Wall /44)' We currently have funds set aside in our 1979 budget for the purchase of speed measuring equipment. Our application for 54 Federal funding was recently approved so we would like to proceed with this purchase. There will be a substantial savings if we participate in a cooperative purchasing agreement with the State of Minesta sample resolution provided by the State andcopiesof tv,i.lArgieIlvTf the Agiemieut for your review. It would be helpful, time Pe y, Council could consider this resolution at the June 5thin elating, Also attached are three copies of the State DepartOmet of,Poblit. afou Grant Agreement requiring yours and the mayor's.sigoator!$nnc:,___Iiie resolution is passed. This agleam:nit is necessary fortre btaxe s disbursement of Federal funds. • When the forms have been completed, I will pick them up at City Hall and •Ir'1") Include them with others we will have to send to the State. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-116 AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE AGREEMENT WITH THE STATE OF MINNESOTA FOR SPEED MEASURING EQUIPMENT • BE IT RESOLVED that the City of Eden Prairie enter into an agreement with the State of Minnesota, Department of Public Safety, for the following purpose, to-wit: To reimburse the county for monies spent in connection with project grant number 79-05-02 for the purchase of moving radar at 50% Cif the net contract price of the radar unit but not to exceed $289.SO ;per-radar unit, BE IT FURTHER RESOLVED that the Mayor of Eden Prairie and city.Manager be and they hereby are authorized to execute such agreement. ADOPTED by the City Council on the 5th day of June, 1979. ldolfgang H. penzel, Mayor'" SEAL ATTEST: John D. Frane, City Clerk • �i);'i, MEMORANDUM TO: Mayor and City Council FROM: Roger K. Ulstad, City Manager SUBJECT: Radio communications system DATE: June 1, 1979 The Council will recall that the cities of Bloomington, Edina, Eden Prairie and Richfield have spent the last two years reviewing the possibility of a coordinated two-way radio system to serve these .fouuM COnnturttits. I felt this to be a constructive approach which had the potential of cost savings to each community. Needless to say it has net .produced any constructive results. Last Fall through the services of Hennepin County we requested an.evaluation. of our existing local radio communications system The PubIio Safety Department was assigned to provide information 00 our present system and also the manner in which our Public Safety DepaTUt nb is pert of btfir local system. The Council will note by the attached information as provided by the County, the present status of our radio communications equipment: The purpose for discussing this item at this time is to request the Council to consider authorizing plans and specifications, application to the FCC ocu' for two frequencies, and the budget appropriations to in our 198D budget. The lead time to accomplish this improvement is approxintely 6 - 8 months. RKU:jp COMMUNICATIONS � � A-2309 Government Center / <a HENNEPIN Minneapolis, Minnesota 55487 January 25, 1979 Mr. Jack Hacking Director of Public Safety City of Eden Prairie 8950 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Hacking: In my report on the status of the municipal two-way radio systems operated by the City of Eden Prairie, I included recommendations to correct the specified problems in each of the three systems and I provided cost estimates and cost analysis, where appropriate. Concerning the comprehensive plan for a Local Government Communications System to serve all City departments (with the possible exception of the Fire Department) on Page 7, the estimated costs should be corrected to: • Item Unit Cost Total Fifty Mobile Radios $ 1,100 $ 55,D00 Four Control Units 350 1,400 One Base Repeater 4,000 4,000 Satellite Receiver System 14,000 ' 14,000 Antenna System 850 850 Installation of Repeater and Control 1,500 1,500 Installation of Mobile Radios 80 4,000 Corrected Estimated Total . $ 80,750 • These corrected figures should be very close to the actual bid amount. Following up on your City Manager's question regarding a second radio channel at this time, I would like to report the following: • Fifty mobile units is the "break point' with the F.C.C. for a second channel. Therefore, we can get a second channel at this time but we have to demonstrate to the F.C.C. that we will use the second channel and not just get it and "sit" on it. To demonstrate good faith to the F.C.C., your initial purchase will HENNEPIN COUNTY an equal opportunity emplayet /•;2 • Mr. Jack Hacking lk,' Page 2 • have to be modified to include two-frequency mobile units, eight control units, a second repeater and a higher tower for the second repeater at City Hall. The estimated cost of the two-frequency system is as follows: Item . Unit Cost Total. Fifty Two-frequency Mobiles $ 1,190 ` $ 59,500. Eight Control Units 350 2,800 Two Base Repeaters 4,000 8,000 Satellite Receiver System 14,000 14,000 Two Antenna Systems • 850 1,700 One 100 font Tower S.S. 1,300 1,300 Installation of Tower 2,500 2,500 installation of Repeater and Control 3,000 3, • Installation of Mobiles SO4,.000 Estimated Total $$ 9 The additional cost provides a substantial amount of safety to the system as . well as the additional channel capacity. I would recommend that you give serious consideration to the additional channel when the system is purchased; to add the additional channel later, it will be much more expensive. I will be pleased to discuss this matter further during our meeting on January 29, 1979. Yours sincerely, 1 J John R. DuBois ";� t. s >11^ rr Communications Manager • < <I ''"°LISr/'•/I. JRD/bte • • REPORT • to the • CITY OF EDEN PRAIRIE, MINNESOTA on the • • • STATUS • of the MUNICIPAL TWO-WAY RADIO SYSTEMS (Police, Fire and Public Works) By: . John R. DuBois Ph.D. Registered Professional Electrical Engineer. Minnesota Registration No. 7350 Hennepin County Communications Manager A2309 Government Center Minneapolis, Minnesota.55487 November, 1978, • • • • TABLE OF CONTENTS • Section Report Summary I • Purpose and Goals Existing Radio System - Police Department . . . . . Problems and Prounubis Solutions • • Existing Radio System - Fire Department 4 Problems ana Prognosis 6 Solutions Existing Radio System - Public Works Department 6 Problems and Prognosis • 6 Solutions . . , 7 Action Plan - Police Radio System B Action Plan - Fire Radio System B Action Plan - Public Works Radio System 8 1J J f REPORT SUMMARY This report specifies the two-way radio systems and equipment used by the City of Eden Prairie Fire Department, Police Department and Public Works Department. The report specifies the major radio communications problems in each department. Specific solutions to each of the problems are presented along with detailed cost estimates and cost analysis. If the recommended solutions are implemented, Eden Prairie should require no major radio system expenditures for at least ten years. It should be noted that none of the recommendations of this report conflict, in any way, with Eden Prairie's involvement in the Hennepin Emergency Communications Organization (HECO). Any of the recommended upgrading of the Eden Prairie Police, Fire and Public Works Departments' radio systems will make it possible for these "key" city departments to serve the citizens of Eden Prairie even better than they now serve. PURPOSE AND GOALS The purpose of this report is to describe and to analyze the three two-way radio systems operated by the City of Eden Prairie, Minnesota. The primary goal of this report is to provide guidance to Eden Prairie City officials with respect to the current status, prognosis, and recommended changes in the Police, Fire and Public Works Department radio systems. To assist Eden Prairie officials in their implementation of the recommendations contained in this report, a cost estimate and analysis of each proposed option is included. • EXISTING RADIO SYSTEM - POLICE DEPARTMENT The Eden Prairie Police Department shares a two-way radio system with 18 other police departments that serve a total of 35 municipalities in Hennepin County. The system is operated by the Hennepin County Sheriff's Department from their Radio Division Headquarters in Golden Valley, Minnesota. The main dispatch channel utilizes a mobile relay, station (radio repeater) that transmits on 155.610 MHz and receives on 154.820 MHz. The main base repeater transmitter is a 300 watt output power station that operates from an antenna at the 300 foot level of the 400 foot tower at Sheriff's Radio Division Headquarters. The base repeater receiver operates from an antenna at the 400 foot level on the tower. Additional remotely located receivers, on 154.830 MHz, called satellite, or voting receivers are distributed throughout Hennepin County. These'receivers are all connected back to Radio Division Headquarters where all receiver signals are electronically scanned and the best signal is voted, or selected, and fed back to the repeater for countywide rebroadcast and to the dispatchers. The satellite receivers that primarily serve Eden Prairie are the Minnesota River Valley receiver located on the 300 foot Northern Natural Gas Company tower on State Highway #13 in Burnsville • • - 1 - and the St. Bonifacius receiver located on top of the 200 foot microwave tower for KTCA-TV, 3 miles northeast of St. Bonifacius. A third satellite receiver to serve Eden Prairie is being installed on top of the water tower located at • I494 and State Highway #7 in Minnetonka. A standby, or backup, base repeater station is located at the Hennepin County Adult Corrections Facility in Plymouth, Minnesota near Parkers Lake. It too is a 300 watt output power station that operates from the adjacent 300 foot tower. A similar radio repeater system, complete with a standby station'at the Adult Corrections Facility and a satellite receiver system, serves the entire County, including Eden Prairie; this second system is called the Hennepin County Police Emergency Radio System (Emergency Channel, or Channel Three). The Emergency Channel permits Eden Prairie police officers in vehicles or with portable two-way radios to communicate with other police officers and police dispatchers throughout Hennepin County. The system operates through a radio repeater that transmits on the frequency 155.820 MHz and receives on 154.995 MHz. ' Modern, four channel fully transistorized mobile and portable radio units complete the radio equipment used by the Eden Prairie Police Department. Thy mobile and portable radios operate on the following channels for the stated purpose: Channel Transmit Frequency Receive Frequency Tone Purpose 1 154.830 MHz 155.610 MHz 118.8 Hz Main dispatch 2. 155.805 155.805 118.8 Car-to-Car 3 154.995 155.820 118.8 Countywide Emergency 4 155.475 155.475 None Statewide Emergency • This configuration provides the Eden Prairie Police officers with instant radio communications with the dispatch center throughout Hennepin County on Channel 1 and Channel 3 and between vehicles on Channel 2, direct, for distances of up to 5 miles and statewide on Channel 4. Information requests are handled on a second mobile unit (UHF). Eden Prairie leases all of their mobile and portable police radios (as do all other Hennepin County suburban municipalities) from Hennepin County. The current yearly lease rate (1979) of $108.00 for mobile radios and $154.00 for portable radios covers the cost of the radio, full maintenance, and a replacement radio when the years, or technological advances, obsolete the existing radios. • Problems and Prognosis • The mobile and portable radios used by the Eden Prairie Police Depart- ment, and leased from Hennepin County, will provide satisfactory service indefinitely, because of the County's policy of continual upgrading of the radio equipment. The major problem areas in communications for the Eden Prairie Police Department are: • • - 3 - 1. Poor portable radio coverage." 2. Crowded conditions on the main police dispatch channel. 1, • 3. Incomplete car-to-car coverage between Eden Prairie vehicles throughout the city. 4. Inconvenient communications between the Eden Prairie Police • Headquarters and Eden Prairie police vehicles. 5. Poor radio coordination between Eden Prairie police vehicles and. Public Works vehicles. • b. Inadequate management information data concerning police operations. Solutions • The problem of poor portable coverage between portables and dispatchers will be greatly lessened when the new satellite receiver at 1494 and Highway k7 becomes operational in a few weeks. From the new site, most of Eden Prairie will be within five miles of a satellite receiver; now, no part of Eden Prairie is closer than five miles from a satellite receiver. A vast improvement will be noted in portable coverage when the new receiver site is operational on both the main dispatch channel (Channel 1) and the Countywide Emergency Channel (Channel 3). The problem of crowded conditions on the main police dispatch channel is actually two problems in one. First, there are too many police vehicles on a single dispatch channel and second, additional dispatcher complement is needed during busy periods. Both problems must be addressed simultaneously and both problems are being addressed. Plans are being prepared that would result in the dispatching operations from the Sheriff's Radio Station being divided into three separate regions, each operating on a separate dispatch channel. Frequencies for this configuration have been identified and technical details are being studied. It is acknowledged by the Sheriff's Department, that additional radio dispatchers are required to handle the radio traffic during busy periods and the problem is being addressed. At present, there is no charge to Eden Prairie for dispatch services from the County; it is anticipated that there will continue to be no charge for dispatching until the level of service meets the expectations of those police departments served. The problems of "incomplete car-to-car coverage between Eden Prairie police vehicles throughout the City", "inconvenient conanunications between the Eden Prairie Police Headquarters and Eden Prairie Police vehicles" and "poor radio coordination between Eden Prairie police vehicles and Public Works vehicles" can be solved simultaneously by replacing the existing Eden Prairie Public Works _radio system (Local Government Radio) with a modern radio repeater system that provides car-to-car and base-to-base radio communications throughout the entire city of Eden Prairie, and beyond. This proposal will be discussed in detail in the section of this report titled "Existing Radio System - Public Works". • Is ,11 • - 4 - The final problem area: "inadequate management information data concerning police operations" is the most serious problem because it is the hardest problem to address and yet it has the greatest impact on improvement of departmental operations. A good management information system is essential for a modern police department because without it, police administrators do not know what is happening with respect to manpower deployment, geocoding of incidents, individual performance, etc. The major difficulty in obtaining good management information is cost. To achieve the depth and breadth of management data that is required by a modern police department, an advanced Computer Aided Dispatch (CAD) system is needed and a good CAD system is expensive. Any changes that Eden Prairie' is contemplating, with regard to dispatching serdices, must include a modern CAD system. The Hennepin County Sheriff's 'Department is well aware of the benefits of a modern CAD system. Plans are being drawn up for establishment of such a system by the Sheriff's Radio Division. The advantage that the County has in the establishment of a CAD system is that the cost for the system can be spread over the 35 municipalities that are served by the Sheriff's Radio Division. Minimum costs for a CAD system range between $350,000 and $500,000; this level of cost puts a CAD system beyond the economic reach of one or several municipalities who join together for a shared radio dispatch operation. EXISTING RADIO SYSTEM - FIRE DEPARTMENT The Eden Prairie Fire Department currently operates out of a single station located on State Highway #5 at Mitchell Road. The existing station is being expanded and two new stations are under construction so that by January of 1979, three modern fire stations will serve the City of Eden Prairie. All of the Eden Prairie Fire vehicles are equipped with new, four channel fully transistorized mobile radios. The radios are equipped for operation on the main dispatch channel for the Fire Radio Service in Hennepin County, 154.385 MHz; the channel is shared with 17 other fire departments that are dispatched by the Sheriff. The fire trucks and portable radios can operate on three other channels for the following purposes: • Channel Transmit Frequency Receive Frequency Tone Purpose 1 154.385 MHz 154.385 MHz 118.8 Hz Dispatch 2 154.355 154.355 • 118.8 At-the-scene Truck-to-truck 3 154.295 154.295 None Mutual aid 4 155.805 155.805 118.8 Police car-to-car Thus, fire trucks and Fire Radio Service portable radios are able to communicate with the radio dispatchers at the Sheriff's Radio Station (Channel 1), with other fire trucks and fire scene coordination (Channel 2), with other fire departments such as Edina, Bloomington or Scott County on the mutual aid channel (Channel 3) and with any police vehicle on the Sheriff's Radio System (Channel 4). • • - 5 - In addition, fire monitor receivers and portable radio pagers are used extensively for the purpose of alerting Eden Prairie firemen to fires and test drills; they operate on 154.385 MHz from a high powered base station located at the Sheriff's Radio Station in Golden Valley. A standby base station for the countywide fire radio network is located at the Adult Corrections Facility in Plymouth. It shares 'the 300 foot transmitting tower with the police antennas. The Eden Prairie Fire Department leases all of their mobile radios and all of their portable radios from Hennepin County. The current yearly lease rate (1979) of $127.00 for mobile radios and $154.00 for portable radios covers the cost of the radio, full maintenance, and a replacement radio when replacement is necessary. No fire department base radio equipment is owned by Eden Prairie. Problems and Prognosis • The mobile and portable radios used by the Eden Prairie Fire Department and leased from Hennepin County, will provide satisfactory service indefinitely because of the County's policy of continual upgrading of their radio equipment. The major communications problem experienced by the Eden Prairie Fire ' Department is the lack of radio communications between their fire station and the fire vehicles. This problem will expand when the two additional fire stations are;,/.: completed; at that time, unless changes in the Fire Radio System are made, there will be the additional need for rapid communications between fire stations. Solutions The problem of no communications between the fire station and fire trucks can be simply solved in the same manner that neighboring fire departments have solved the problem: install a base radio station at the existing fire station. A comprehensive plan for fire communications upgrading in Eden Prairie, including estimated costs and provision for the two new fire stations, is as follows: Item Cost Two-frequency 60 watt base stations,.installed $ 1,800 80 foot self-supporting tower 1,500 Antenna system, installed 600 Four remote control units ($400 each) 1,600 Remote speakers, installed 500 Estimated Total $ 6,000 Using the system, as recommended above, each fire station would have the capability to communicate, by radio, with the Sheriff's dispatchers on the main fire channel; by radio, with the fire vehicles or portables on the truck-to-truck channel; and between fire stations using the "hot line" intercom between remote control units at each fire station and police headquarters. • • • - 6 - The ongoing cost of the proposed fire radio base station system includes maintenance costs for the system components and the monthly telephone charges for the interconnecting control lines. The radio equipment maintenance charges will not exceed $600 per year. The telephone charges, after August, 1979,. will be for four control lines at $7.70 per month each, resulting in a yearly cost of $370. (In August, 1979 the existing Eden Prairie telephone exchanges, 938, 944 and 941, will be combined into a new 937 exchange to be located at State Highway #5 and County Road #4.) Thus, the total cost toupgrade the Eden Prairie Fire Radio System is 1$6,000;with an ongoing cost of $970iper year. EXISTINU RADIO SYSTEM - PUBLIC WORKS DEPARTMENT The Eden Prairie Public Works Department operates a two-way radio system for coordination of their vehicles and activities on a Local Government Radio Service frequency of 39.82 MHz. The system is shared with the Police Department; all marked police vehicles have a Local Government Radio System mobile unit installed. The 42 mobile units are all E. F. Johnson Model 215 radios that use vacuum tubes throughout the entire set. The radios are rated at 15 watts of power but measurements on several of the units show that the typical output power is 2 or 3 watts. The radios are all over ten years old and have been obsolete for many years. The reliable range between mobile units is only a few blocks. • Four base stations complete the Public Works Radio System. At the Eden Prairie Center Police Office and at Public Works Department headquarters, there are E. F. Johnson F. ations Johnsonand,Modelt600ebaseice Department stations. Bothemodelsters are Obsolete and long overdue for replacement. In addition to being obsolete, the radios in the system use amplitude modulation (AM) instead of the more standard frequency modulation (FM). ?Pliable range between the base.stations_and_mobile units is limited to a mile or two. ' Problems and Prognosis The major problem with the Eden Prairie Public Works radio system is that it is obsolete and unreliable. The radio range of any station, base or mobile, is limited to a very small sector of the City. The fact that the radios use AM instead of FM makes them very vunerable to lightning static and manmade noise such as • ignition noise, power line noise, arc welders, etc. As a result of the fact that a low band'VHF channel is used (39.82 MHz), the system is very susceptible to severe "skip" interference. The combination of problems, as outlined above, lead to only one reasonable conclusion: total system replacement is essential. One of the first considerations that must be made when evaluating system replacement is to decide on a frequency band for the new radio configuration. Most Hennepin County suburban local government radio systems operate on either a high band VHF channel (150-174 MHz) or a UHF channel (450-470 MHz). Unfortunately, every single radio channel in both bands is in use in the Minneapolis metro-area and they cannot be re-assigned within 50 miles of Minneapolis. Until very recently, the only band left for use by Eden Prairie would have been the low band VHF portion of the • • • • - 7 - , radio spectrum (30-50 MHz), where the system now operates. The previous discussions regarding "skip" interference on low band VHF channels indicate that any other choice should be favored. • A recent ruling by the Federal Communications Commission (FCC) has :i' • , , re-allocated a portion of the UHF television spectrum from TV broadcastingto ,,r'"• two-way radio systems. The new band extends from 806 to 890 MHz; hence, it is called the 800 MHz Band. The only two frequency choices for an upgraded Eden Prairie Local Government Radio System are the low band VHF range or 800 MHz. Table 1 summarizes the differences between the two bands. . Parameter Low Band VHF B00 MHz "Skip" Interference Bad None Man-made Interference Bad • None Radio Repeaters Not permitted Permitted Range 30 - 40 miles 10 - .20.mil+es Equipment Cost Lowest 15L.hi.gher. Transistorized Equipment Yes Yes "Clear" Channels available No Y Portable radios Yes Not yet Radio Pagers Yes Not yet Mobile Radios Yes Yes Base Stations Yes Yes Table 1: A comparison of Low Band VHF and 800 MHz Two-way Radio Systems. , Solutions The solution to correct the Eden Prairie Public Works Radio System problems is, as indicated in the previous section, total replacement. In addition, the previous section describes why the near system_should use.frequencies in the 800 MHz.band. If a modern 800 MHz band two-way radio system is designed properly for Eden Prairie, the City's local government communications needs will be met for many years to come. A comprehensive plan for a Local Government Communications System to serve all City departments, with the possible exception of the Fire Department, including estimated costs is as follows: - • Item Unit Cost Total Fifty Mobile Radios $ 1,050 $ 52,500 Four Control Units 350 1,400 - One Base Repeater 3,150 3,150 - Satellite Receiver System 14,000 14,000 Antenna System 350 350 - Installation 1,500 1,500 Estimated Total $ 72,908 . . ): '' • • - 8 - The above estimate does not include a tower for the base antenna and repeater, nor does it include any towers for the satellite receiver system. • Preliminary engineering studies indicate that the Char-Lynn water tower on West 78th Street will be an ideal location for the base repeater antenna. Other existing antenna sites have been identified for the satellite receiver antennas. The ongoing maintenance costs for the proposed 800 MHz radio system will not exceed $4,000 per year and telephone control lines will cost approximately $400 per year. Thus, he total cost to replace_the Eden Prairie Local Government Radio System is t$12;900.with ongoing cost of 0,40A per year. ACTION PLAN - POLICE.RADIO SYSTEM It is recommended that technical specifications for a new 800 MHz Local Government Radio System be drawn up for competitive bidding as soon as the funding source is identified. The proposed 800 MHz two-way radio system will provide solid car-to-car coverage between vehicles anywhere in the City and for miles beyond. Base-to-vehicle radio coverage will be solid throughout the entire Eden Prairie service area. Coordination between police vehicles and public works will be vastly improved, as will inter-communications between the control units for each city department. Upgrading on the Sheriff's Radio System cannot occur as rapidly as the upgrading of the Eden Prairie Local Government Radio System, but it is important that the Sheriff and County officials know that Eden Prairie supports system up- • grading and encourages those who must spearhead the improvements. It is recommended that the Police Department convey to the Sheriff the fact that a serious gad • exists fora modern management information system. • ACTION PLAN - FIRE RADIO SYSTEM • It is recommended that technical specifications for the proposed fire radio system upgrading be drawn up for competitive bidding. The "lead time" for ,/ this type of radio equipment is approximately four months (the equipment is built to order; hence, the four months delay). Equipment that is specified now and bid in December will not be installed until April or May of 1979. This timing will mesh well with the new fire station construction. ACTION PLAN - PUBLIC WORKS RADIO SYSTEM The action plan for the Police Department applies to the Public Works Department also. The proposed 800 MHz radio system will provide a clear radio channel that will never have to be shared with any other user. There will be adequate growth capacity to handle the radio requirements for an expanding Eden Prairie for many years in the future. • • • March 23, 1979 TO: Roger Ulstad FROM: Keith Wall SUBJECT: Municipal Two Way Radio System We have reviewed,the radio system proposal for the City of Eden Prairie prepared by Dr. John Dubois, Hennepin County Communications Manager and concur with his recommendations. As you know, we are experiencing difficulty with both our present municipal system and the radio services provided by the Hennepin County Sheriffs Department. The up-to-date equipment and system described by Dr. Dubois would alleviate the majority of problems with our city system and reduce those we now have on our emergency police network. Because the municipal equipment now in use is unreliable, we can't divert sufficient amounts of police traffic away from the Hennepin network to reduce the severe overcrowding problem existing on those frequencies now. There are several reasons for the unreliable performance of our present equipment and among the most important are: 1. Limited vehicle to vehicle communication (1 mile or less) 2. Outside interference renders the system useless on frequent occasions. 3. Down time is excessive. • 4. Radios have been discontinued so vehicles added to our city fleet can't be radio equipped. There are several others and as indicated earlier, most all could be corrected through the proposed new system. With a more dependable local network, we could shift a considerable amount of police transmissions • from Hennepin County to ours and subsequently provide a far safer, more efficient work atmosphere for patrol officers. There are, I am sure, a long list of benefits for other city departments as well, if the new equipment is installed. NOTE: The repair costs for our present system were $542. in 1977 and $1247 in 1978. • • May 15, 1979 MAY 151979 TO: Roger Ulstad FROM: Keith Wall h c• SUBJECT: Municipal Two Way Radio System Earlier this spring, I wrote a memo outlining some of the problems we are experiencing with our present city radio system and at the same time, indicated support for a new system proposal prepared for us by Mr. John Dubois, Hennepin County Conantrnications Manager. Since that time, there have been some new developments that I thought would , be of interest to you, First, Mr. Dubois advises that FCC rules concerning the number of.mobile units required for a city to acquire a second radio frequency will no doubt increase in the near future. This increase could have an unfavorable effect or the:cost.ef,our system.. Second, the release of frequencies in the 800 MHZ range by federal authorities has not yet been taken advantage of by other radio users in our state. Therefore, we. • could be in a better bargaining position as one of the first to install equiiwot utilizing this frequency range. (Suppliers appear anxious to have a system available for demonstration.) All in all, it appears that it would be a good idea to move ahead with formal preparationF for the installation of our new system. Mr. Dubois indicated that our SYStem, star to finish, will probably require 6 months for completion so payment for the equipment can be deferred until January, 1980. ` / r jai CgUEDINA MI"mS/~"m ` ' ' � "uxo"er ^, ,u," ` . mr Roger ozsuad . City Manager City of Eden Prairie � moso Eden Prairie Road � _-_ Prairie, -- _'43 Doer Ragert - � ' ` � The -^ y of --~'- has reviewed_ its participation- _ -_- cooperative � � dispatching venture and is .re. -_ to propose _ -_ ` ~~ ~~ p= year ~~ ~i","c"~* services to the City of 9den P-rairle. � This figure represents personnel costs only and u=e* not reflect any capital outlay for equipment or 'maintenance of that eq~ p~en,. . ' The above figureby calculating to the City of Edina in order to provide this , ' yearly- increases are probable due to wage and benefit_ _ -- ___- ' and This proposal is informal any additional_ action_ vould _ _- -to City of Edina Council approval. I am interested in this cooperative effort and will be bappy to respond to any 'questions you ' have. City Manager ` ' ' • . ..,,:_,_....;-.::Ii.„: q:',Z-40t1;iV-+e- .," . r 4' 2 :':;I:1-:'.....'...::'''' eL/L .u:,,,,. ,; ,'';':;:: ' E-�7✓..c.t.1 /' ' .-.44-ems 04 x l? 4 = %%° if i` 1. ;.r.4.c, �: 41-*— il6es X• lam „ • E1 4 i. j+ !i 1 I' EDEN PRAIRIE PLANNING COMMISSION MINUTES • approved •MONDAY, APRIL 9, 1979 7:30 PM, CITY HALL •COMMISSION MEMBERS PRESENT: Chairman William Beaman, Liz Retterath, Oke Martinson, Matthew Levitt, George Bentley. Hakon Torjesen, and Virginia Gartner COMMISSION STAFF PRESENT: Chris Enger, Director of Planning Donna .Stanley, Planning Secretary PLEDGE OF ALLEGIANCE - ROLL CALL I. APPROVAL OF AGENDA • -The following steins were continued to the April 23, 1979 meeting: at the request of the proponents. V. A. Neill Woodsy The Preserve V B. Preserve Center Addition Replat C. Shady Oak Industrial Park 2nd Addition, by Richard Anderson ''opview Acres 4th Addition by Millers MOTION: Retterath moved to approve the Agenda as published and amended. • Gartner seconded, motion carried unanimously. II. MINUTES OF THE MARCH 26, 1979 MEETING Pg. 1, High Trail Estates, para. 2, last sentence; add "existing" before "Honeysuckle Lane". Pg. 2, Meadow Park,para. 2, delete "also that"; add "has a hazardous intersection at U. S. Highway 169." • Pg. 3, para. 7, add "Sundeen responded affirmative, it is contemplated for the project". Pg. 4, para. 1, sentence 4, delete "that the recommendation would be to • cul-de-sac Sunnybrook Rd. to Highway 169 and". Pg. 4, para. 4, delete "requested continuance of the project until"; add "stated that this project should be continued until purchase of " ' • Pg. 7, para. 1, last sentence add "of" before "benefit". • Pg. 7, para. 5, add "Putnam responded negative , and explained how the trade- offs on the former projects occurred. Pg. 8, para. 3, dele "much". • • � , i approved Planning Commission Minutes - 3 - April 23, 1979 6 Members present, Martinson absent A. Neill Woods continued public hearing (continued) The Planner pointed out that the subdivisions to the north and west have met the Ordinance, and did not feel that variances should be granted in this development. MOTION #1: Bentley moved to close the Public Hearing on Neill Woods. Gartner seconded, motion carried 6-0. MOTION #2: Bentley moved to recommend to the City Council approval of the rezoning from Rural to R1-13.5 based upon the plat of 3/1/79 and staff report of April 17, 1979 with the following modifications: elimination of no. 3 of FINDINGS AND CONCLUSIONS of staff report; emphasis on further consideration by the staff on the 90' frontage question prior to submission to the City Council; and a strong recommendation that no variances be granted on this subdivision. Gartner seconded, motion carried 6-0. MOTION #3: Bentley moved to recommend to the City Council approval of the preliminary plat dated 3/1/79 based upon the staff report of 4/17/79, with the above mentioned modifications. Retterath seconded, motion carried 6-0. B. PRESERVE CENTER ADDITION REPLAT, request by The Preserve to replat Lot 1, Eck 1, Preserve Center Addition, zoned RM 6.5. A continued public hearing. The Planner explained that this area is zoned for townhouses, and that the technicalities of the Anderson Lakes Parkway and Preserve Boulevard intersection are being worked out and are subject to review by the Planning Commission and the City Council when an actual project is proposed for the area. • Mr. James Hill, Planning and Engineering Consultant for the proposal, agreed to work with the Engineering Oepartment in working out the realignment of the Anderson Lakes Parkway and Preserve Boulevard intersection. He explained . that they were splitting the existing road and providing right-of-way for Preserve Boulevard, and that this is the reason for their present request for replatting. MOTION #1: Torjesen moved to close the Public Hearing on The Preserve Center • Addition Replat. Gartner seconded, motion carried 6-0. MOTION #2: Torjesen moved to recommend to the City Council approval of the replat dated March 1, 1979 based upon the staff report of April 17, 1979 with the following modifications: elimination of no. 3 of FINDINGS AND CON- CLUSIONS of the staff report; no variances be granted on Outlot A; and addition of no. 5 - the Planning and Engineering staff work out the realign- , ment of Preserve Boulevard and Anderson Lakes Parkway to make an acceptable interchange. Gartner seconded, motion carried 6-0. . ?PVIE1J7ECTFS 4TH AUDITION, by Millers, request to rezone 17 acres from k1-22 to R1-13.5 and preliminary plat 7 single family lots and an outlot for future platting. A continued Public Hearing. Mr. Jerrold Miller presented his plan for the area, and explained that they felt the park should be located in Topview Acres. He spoke for his neighbor. • 1/,•//) STAFF REPORT MEMO: TO: Planning Commission 1. FROM: Chris Enger, Director of Planning DATE: April 17, 1979 PROPONENT: The Preserve REQUEST: Platting of Lot 1, Block 1, of The Preserve Center Addition into Outlot A of .78 acres and Outlot B 3.54 acres and .68 acres of right-of-way for a total of'5 acres. PROJECT Project is located in The Preserve toward the western edge of The LOCATION: Preserve Center area, southwest intersection of Preserve Boulevard and Anderson Lakes Parkway, bordered on the south side by Neill Lake. BACKGOUND The site being proposed for preliminary platting at this time was approved as a part .of the overall Preserve Planned Unit Developmnet for medium density residential land use and subsequently was rezoned from Rural to RM 6.5 in 1972 according to a plan by the Jonathan Housing Corporation, called Greenwood Townhouses. The plan proposed 9 separate buildings, which would be two and four unit townhouses for a total of 30 units on approximately 5 acres, for a total density of 5.96 units per acre. The current request for platting is not according to this original plan, but is precipitated by the need to extend Preserve Boulevard south of Anderson Lakes Parkway to serve Neill Woods single family addition being proposed at this time. • From the information submitted by the proponent, you will notice on sheet 1 entitled "Existing Conditions" that the soil designations on the area range between lake beaches on the southern part of the site to peaty muck over loam to peaty muck. Soil borings within the area, donewhen the sanitary sewer and storm sewer were placed, seemed to indicate that the worst depth of poor soils occurs in the western par- tion of the site, shown as Outlot A. Since the sanitary sewer has already been installed, the location for right-of-way for Preserve Boulevard as requested by the proponent seem reasonable. You will also notice that on sheet 3 submitted by the proponent, that the center line of the proposed Preserve Boulevard does not intersect at a 90 degree angle to the center line of Anderson Lakes Parkway, nor is it a 180 degree extension of Preserve Boulevard occurring north of Anderson Lakes Parkway. If the right- of-way is to stay in the location as illustrated by The Preserve, the intersection north of Anderson Lakes Parkway will have to be re-constructed. The financial responsibility for this intersection improve- ment shall be borne by The Preserve. In addition, the right-of-way shown for Preserve Boulevard is 50' and our Engineering Department suggests 60' right-of- way to allow construction of a sidewalk along one side of the road and also to allow a wider road to be constructed to allow through traffic from the neighbor- hoods lying to the south to exist safely in this area. .„. _ a Staff Report Page Preserve Center Addition April 17, 1979 FINDINGS AND CONCLUSIONS 1. The preliminary plat proposed is not in conformance with the plan approved in 1972 as a part of the rezoning from Rural to ...".- R14 6.5. 2. The right-of-way location as shown for Preserve Boulevard will precipitate a re-construction of Preserve Boulevard north of Anderson Lakes Parkway.or a realignment of Preserve Blvd. south of Anderson Lakes Parkway. This re-consturction should be done at the expense of the Preserve. .1 imi nate *3. The right-of-way of Preserve Boulevard should be increased to 60 . 4. Since the Preserve Center Plat is being submitted at this time to allow construction of Preserve Boulevard to ass te the south and is not in conformance with the 1972 GnOMWOOo Townhouses Plan, and since the property is zoned RN 6.5 at this time any future plans for Outlot A or Outlot S.inust be reviewed and approved td to no. 4 by the City Planning Commission and City Council t prior to commencement of construction. *No variances be granted on thitlo tdd no, 5 *5. Planning and Engineering staff to work out the realignment of Preserve Boulew RECOMMENDATIONS & Anderson Lakes Parkway to make an arepptahle interchange, The Planning Staff would recommend approval of The Preserve Center Addition Replat subject to the Findings and Conclusions of this report. CE:ds *Modifications as per Planning Commission Meeting of April 23, 1979. 1 . .„ . „ . a „ . ksiiiiivii' M�a. Riley- Purgatory Creek Watershed District e 8950 COUNTY ROAD . EDEN PRAIRIE,MINNESOTA 5534 I it April 6, 1979 {w4�i'�1t f 5 Mr. Chris Enger / { ,�, City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Replat of Lot 1, Block 1, Preserve Center Addition Dear Mr. Enger: The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District have reviewed the preliminary plans, as submitted to the District for the replat of Lot 1, Block 1, Preserve Center Addition in Eden Prairie. The following policies and criteria of the Watershed District are applicable to this project: • 1. In accordance with Section E (2) of the District's Rules and Regulations, a grading and land alteration permit application must be submitted to the District for the above referenced project. Accompanying this permit application, a detailed erosion control plan Outlining how sediment will be prevented from leaving the altered areas on the site both during and after construction must be submitted to the District for review and approval. 2. A detailed storm sewer plan must be submitted to.the District for review and approval. Thank you for the opportunity to comment on this development at an early date. If you have any questions regarding the District's comments, please contact us at 920-0655. • Sincerely, Ai Rob rt C. Obermeyer1 BARR ENGINEERING *. Engineers for the District RCO/111 cc: Mr. Conrad Fiskness Mr. Frederick Richards f`iLII - • -- -— •- - •-1. —s----'--.'...-..:-:-...,.:' .. ' .... .' '-• -• .:':": '' 7,',''' -:,,--:-' 1.,.,.. , -.z • .. . . *Et%,,c.:. a- i 1.,.... \ • • j,./.411 I .1 0 . •*( ..;044 . VI r X . - ---, .0 7• . * i \ ,.. -0 4.7'.. /'-- 7c.._:.‘r•,,-' n ...—e". • • , .._,,,, %^ ,,.-,c,•:..!,...<'); % •.; , ..":., i t , / r ‘ , 7'-':-; . , t f \\•,_ .._ .. .. r 1,* S:D/i1 . F .—i 1 i .1. • , • E.i 1 y: f 1 ''''...,,,,,„1 'f:-.• --L':1 %., i!I 1 0; .... - t 1 ; '. i r c0 li 1 1 1', ''', . . ---i..) \ -:.. / \I' 1 ..."."'...,•`..1 ' :' a ; ' . :*".**‘ • ''.7.::. X.14,7rx., L .. .Ir. 5) II "::: 114 , ... /1 • C/ / 1 tri ill r 7` -- . . ... . -..-- i L'inlit4GCONDITIONS 7 —,.F.:„.„..,....,, lanies R. 1-1.111. Inc , ... 4.r. , ,5„; Lo,„m.o.,MI SOW COPIRIAMITIDM f7:t.:......1:h.l..,...,..ot......4:, 1/1 ANNotic AND t sciNtillitc ettisums,Hi:,. r..,pia..4.11..Ignall.E4MA ,,,.. '.......--;._, l - c x' :•:' THE PRESERVE --4-0,46*.r., ,7„,,,„.„„„,...,.,,,,,„,,,14 • ; 1..:::- J ~i t i .F_l . \ \ 1\,' . 3F 4/6'4 Tit • • - r 1,S m it 1 Z 21 o R1• S4. , > m V a i I z • • 0 [g WJNARY PLAT I . j tv N i 7.W LO7 t.9LOGK t.►uscPVC ecnmw Atlaila. t•w. 1 ► J! r —• A v� cur.t4 A N t utxxeaetA ��'' j7L�1N1�11[�tl"J 14R119E 'OG(#lJ `, � N�I�I��e. I. ;_ THE PRESERVE ''*$ y!y� '' tint paux rw.0 IW.r...t.1.At wN. ,,,"4?,C,.S'P' 11.130 ..AltinediNc itkroASINa«. ..M... l�wf0E9i.lYlA�1`i 'SCf41tk! _.. ,.... . M.. ,ri _ .. •i fr.iT t k ..-•"*. N AI 4 ! \.v *, ..\ V I, " 1 • A. 4 b- \ f 4 I+ 0 • ' : ) 1 gi:"........•' ' , , I :t . .r.i." • G**7.... ta .. i ••'••••••ii. ... ,/nr'). I I r---,Th , ... .: -.- -"T'Vr•z:- .., / - : ... \• - -":: ir) , • • . i P 1 i iti ' 1 1 ,, ....... 1 ; 3 [1.n . " 0 • ; i , i 5 ti . 1 ' 4 IA x g 1 iliz f ''. ig 1 i • ; I i - 11 .1> 1 ' r .°3/ '• :\1\\:' 1 \ --. • 1 4 - I I i k " • 11 1-- "-- I illilit )1 id _. 1411. 4f I ( ;1 / ,p,' itis : OLF ; tt 4" •,...r / e3C,CI , I i • I r ; '... :2 ! ; r r ; r i • ; . k I i i i n i.* X • § \t --- \ .1. ‘...01 • . 0111 TON ...:: . --- 5ii RV °mama Amu uuttry inAN :;?..."'"'"""Z. James R, Hill, inc. , 6.1 RCPLAT OP coften Ammo" r-1."-"..,::***47' t ...,' ' u4 9°4 2 -" t°7L ut°':KE:.:•:::1111°44°" "".."1"-*"--.4 P tfrr.,muuNG CONSULIANI ' . ., THE PRESERVE ",:t„:,;:r , ,• -- I moo tamettni Ahtto um* • stis K,INtiVPN 0 1 L,e1 . 1!.J......1 ! * t -9. • . . •••..,. • • ^ ~ ! • , . it • 1 .4 is- . 1 : • + ! 1_1 , .: \ ` . :4 1 1. t I 1 I i i F i fi i, • ..1/ \ ,.\1.. \ ., C I !A _ ,• ` i 1 �! { I " \ \ 1/2 \ , . I 11LL:-l . )J) ' ff F j '.. '.::. ' Ilt._j____,),___, ---",.'? - { —� f �j, • { e i. il • } � t � . ;-I l i ) )) L � 1111' s ri. l ` !O • • • itiat l' - if 1 1 • MEMORANDUM TO: Mayor and City Council T}IRU: Bob Lambert, Director of Cmanun ty Services. FROM: Stuart A. Fox, City Forester DATE: May 30, 1979 SUBJECT: Bids for Tree Removal Truck - Bid specifications for the Tree Removal Truck Were sent to S.iTitereS parties. Only 2 bids were received for the truek.and they,. as' follows: 1. Mack Trucks St. Paul, Mn. $42,245.Otl tr . 2. Towns Edge Ford St. Louis Park, Mn. $35,202,00 (trick '&boa) The staff recommends that Towns Edge Ford be awarded the Tree Removal Truck for $36,202.00 as per specifications. SAF:md • • "•" _ - „.. • , . . MEMORANDUM 1 • TO: Mayor and City Council • THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services14—. • rc TATE; May 31, 1979 SUBJECT: Ingram Property Settlement In 1976, the City entered into condemnation on property owned by Elitftbeth T. and Earl A. Ingram located at 9080 County Road 18, Eden Prairie, Minnesota. This ten acre site was in the central portion of the Anderson Lakes Regional Perk Reserve. •: In August of 1977, at a condonation hearing, Mr. and Mrs. Ingram were awarded 4167,000 for their property. Subsequently, Mr. and Mrs. Ingram athrigitta that award and the matter went to a jury trial in April 1979. liTe juty atdwas for $187,5000. The City bad paid a partial payment of $125,550 in August of 1977. Mr. Ingram had paid real estate taxes in 1977 and 1978 for which he had to be reimbursed. There was also $7,943 of special assessments that ware outstanding that had to be reduced from the award. Mr. Thorfinnson has a breakdown of thete costa included in his May 11, 1979 letter to Mr. Ulstad. Total remaining amount Oinsl Mn. Ingram was $59,467.21. Mr. James Kempf, Mr. Ingram's attorney, has agreed to accept the jury award. 11r. Thorfinnson has recommended the City accept this jury award. The City staff did not have the final amount figured until after the May 15, 1979 Council meeting and intended to withhold payment until after the Juno 54 1979 meeting. However, on May 21 Mr. James Kempf, Ingram's attorneys celled to ()emend final payment for this property or he would demand interest from the time of the award. The staff anticipated that the Council would not want to appeal this •-• to tho Supreme Court and would not want to pay an eaAitional several hundred dollars in interest, therefore payment was made an Nay 21, 1979. "-•.• Funds for this acquisition come from the Metropolitan Cenacil. BL:md LAW OFFICES PERBIX, HARVEY, SIMONS &THORFINNSON A PROIet8IONAL ASSOCIATION t!t ' 17 TeNTH Ave. SOUTH 1 4 M97 HOPKINS.MINN. �1��f�7 It G36.4468 W.HARLAN PERIM 01142.9N71 HOWARO E.HA$VE7 MAI{,INO ADDRESS, KEITH E.SIMONS P.O. BOX ISO ROM,4.THORRNN.ON HOPKINS. MINNESOTA 55343 May 11, 1979 • • Mr. Roger Ulstad City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Roger: Re: Ingram Condemnation This will confirm the fact that Jim Kempf has agreed to settle and dispose of the Ingram condemnation case on the • basis of a payment to him and to his client of $59,467.21. That figure is arrived at as follows: Jury award - $187,500.00 Partial payment - 125,550.00 Total 61,950.00 • Less special assessments outstanding - 7,943.00 • Net Difference 54,007.00 Amount paid by Ingram on 2,636.31 1977 real estate taxes Amount paid by Ingram on 2,823.90 1978 real estate taxes TOTAL $ 59,467.21 which is the amount that Jim Kempf agreed to accept in settlement and disposition of this matter. Sincerely, PERSIX, HARVEY, SIMONS &5.HORFINNSON, (ri) s s L. Thorf on RLT:jh1�' nn: Bob Lambert. ) • SuburbanNatIL..ii'.Banls 4321 CITY OF EDEN PRAIRIE atoeRansome _ •B8SO EDEN PRAIRIE RDA° EOENVrlh6'E•1xlnar89tgR883'11 • a O EDEN PRAIRIE*slut s0TA 6471' E..--.1 tO • . • • SAY r tikn�'. y ').', n,� i 6 , m.+ AMOUNT /WE'O Elizabeth T and Earl A. Ingram°POL May El► 1979 $59, 6?.2l OF rt and James Kempf .. .. E•004321e' ..:09loI1OSL?►: 02 CO 20 ..r:..,•.... . crry or coal*t3te va.,..n.•o ACH » TRETAIN T'6•`'STATEMENT •1141•o"" EDEN�HRAIRIE,MINKUOrA E0.7M I,MOT 6o••••T.wsa Meta",US n�ron.n r. tea•scow*4'awsm . • OEI.UXE.FORM TWV13.R N966 p icy.titrtoas DATE OCrro111P11014 *MO OfRT Pf'EiOt• FO - AMOUNT 41'0M +r• O si S D C . I.u'i n -D S. al M g Troi f' E A t/pig w C J It 4.+ a g• I C O O $#= U ella!!; ,00 - %. ' = 7 fa)o 7-a •pgqq C s I. 1CG CO a61 • MEMORANDUM TO; Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services. DATE: May 31, 1979 SUBJECT: Hidden Ponds Park Site/Appraisals I have attached a copy of the June 14, 1978 memorandum to Roger Uletad concerning the potential neighborhood park site in Hidden Ponds making Bomparisons'of the Camp Frontier site with the adjacent iaxi.csty. As you may ill, in October 1978, the Parks, Recreation and Natural Resources Commission rceomeneeded to the City Council to consider the purchase of the Camp Frontier site for parkImmtmses. ShOrtly after that the Council directed staff to negotiate with the owners of the i„eyeaLyto determine what their selling price would be. I requested the owners to fill out a purchase agreement stating price and terms that would be acceptable to them. I have attached a copy of the purchase agreement. You will note that the price is now $168,OOD. At the May ?, 1079 Parks, Recreation and Natural Resources Commission meeting the Commission rernmmmndnd that the City Council consider getting appraisals of the Camp Frontier site end the original pa site located to the east of the Camp Frontier site. Staff is now requesting to get appraisals on these two sites prior to making a recommendation to the Council on acquisition on any site in this neighborhood, , BL:md 1 MEMORANDUM • TO: Roger K. Ulstad, City Manager FROM: • Bob Lambert, Director of Community Services ^AL DATE: June 14, 1978 SUBJECT: Potential Neighborhood Park Site/Hidden Ponds Area At a recent Guide Plan meeting we discussed the problem of neighborhood park acquisition. We talked about the problem of the timing, comparing when we receive the CASH PARK FEE to when the payments are due for the acquisition of the land. We also discussed the problem of putting the public on notice whenever we have intentions of acquiring a certain park site. Automatically the value of that property seems to increase. The Council suggested that staff try to come • • • • up with some alternative methods for obtaining land acquisition costs for proposed neighborhood park sites. . As you know, we had an option on the Hidden Ponds neighborhood park site that has expired. Apparently there will be a proposal for development of that site coming before the City Council in the near future. In our search for an ' alternative neighborhood park sites to serve that area, we found that Camp Frontier which is immediately southwest of the previous site is for sale. The real estate agency listing the property provided_me with the following information: Acres - 2214 Price - $140,000 ($6,092 per acre) . . Presently unzoned - Rural No sewer and water assessments to date No specials Existing facilities: a. Three tennis courts (limestone soft courts) Courts are 4 years old and fenced. b. 65,000 gallon swimming pool with 6" well casing for water. c. 1 small block building for equipment and pool heater, etc. d. 12 acres are open, approximately 10 acres are wooded. We have also found that the land immediately east and south of Camp Frontier is also for sale. Information on that property is as follows: • Acres - 42 Cost - $168,000 ($4,000 per acre) • Zoning - Rural No sewer and water assessments to date No specials to date Taxes - $2,600 per year No facilities on the property Approximately 22 acres arc wooded and 20 acres open f�r) 1' Park Site Hidden Ponds Area -2- June 14/78 We received an appraisal on the 40 acre property located just south and east of Camp Frontier last November. The appraised value at that time was $32800 per acre. I realize that the area has not generated a great deal of money in the way of CASH PARK FEE. However, I feel that we have led the people in that area to believe that they would have a neigborhood park to serve their ne�ris. I think the acquisition of this parcel merits some consideration. Theredore, I am taking it before the Parks, Recreation and Natural Resources Coma ssion. en Monday, June 19, 1978. BL:md • • • • • • • • • No.ae»•T. gamma Mena*Km 4"• BI Al' 1 .u...+n .n.«...•.,n i.e—seas,cony PURCHASE AGREEMENT • RECEIVE)OP ..T,he.City of..Eden.Prairie _ _..._........ " lots of.TwoTtlousand and,no/l00 --------- (i.2a:Q0.0,:0)3..) • taborahcec+xw_arawala a tamest and in money Pe payment for the maltase of mummy a • ........SLst4,Aighway.No,...10.1..in...Edea Prairie,.,xlinnesota_ situated in the Cnun� Hennepin Stoma of Mlnse.er.,and fege0y,described a follows,town:Lot 2 and Outlet A, Block 1, Rymarland Camp, according to the map or plat thereof on file or of luaotd, consisting of approximately 22.3 acres Including aft gardrn bolt.,plant.throbs end weer,a))SEW.rash,satodoon,daadeblesoulIw4 sev ens,awnings,window spades.Minds(inchtdmg ree,eeian blinds).aisoeo rods,vaver.e lode,dupery rode.Ilehe tg$stunt and btdM,plmnbieg Snores,hoc valor looks.red hraaing plus(with any human,tanks,stokare end ether egmipsnent seal in cennectins thee. smith),water softener amp litpdd gas tank and commie Of the molten)Of Wm),sump pump,a)evision awtenna,halms, sex.built in dishwasher,gehapt dismal,awns,cook top storey and temul air rombrioning egnlpmem,if any,used and located on said premises and indnding elect the fallowing runnel property: swimming pools, tennis courts, and buildings and improvements on the premises and including • • all pool and tennis court equipment. . all of which property the undersigned has this day sold to the boot foe the sum of: 9rla BungrQd,..eixty-Eight.Thousand and.no/10.0--------ti 168.0.00.0po0)aAss, which the buyer ageses to pay in the tofowing manner: • Emmet money herein paid!2,000.04.and i... . ..eseisoo April 1.. 1899 ,the duty of(losing. :: The cash amount paid at the closing by the Buyer shall be an amount ranging from 0 down payment to $50,000,00 down payment. if the Buyer pays 0 cash et the closing, the remaining o0ntract balance shall bear interest at the rate of 15 percent per annum, For each $10,000.00 cash payment at the closing, the interest rate on the remaining contract balance shall be reduced by 1 percent. If the Buyer pays a cash pay- ment of 650,000.00 at the closing, the interest rate on the unpaid . principal balance shall be 10 percent. The balance of the purchase price by Contract for Deed (liinneaota uniform blank) between the Buyer and Seller with interest (SEE ATTACHE. Whim so perkuom on by the bays tbe Ku.,auam m emenee end doter It Contract for Want.*Deaf • lm be armed in by µ.war,.1 any)annum*entknble tide to end pamneo holders only to'dug lallw1M aunp1fanr. (a)Ralisias end Lanny:inn,aadumaal,State sad Federal teenlatent. I coining s)Reamron ed,ssp s,o tilt or MIMw7 rwa mahout M,. lm4uoa tumble. (d)Utility anal deain.se rote.,,,shah do sits*Mete nosh purees.mp.avtonns. lel*Oh.«I sam es allow Mau.t'ecita we tobiets s.,ps.ams' The barer stall per the seal nate uses due it the year 1979 aaa say unpaid installments of.lsml.aese eat.Parable.Itaaat amp thanker.seller suns*she teal tame urn deem the paw In f 7 seill.be ndn'sa.mesaa.l,tawta..ota (NIL panhl M nvmhme.taod—elate wish) Neatr,.1st seller not the fennel a$rn.Md.say Itpiewntaam or waw•aq'*hoWana tonceoaina the ann.er of seal,.wee land whits shall be.saasJ saa:ntl the NMae wbaupeet w she data of PuleWa. Seller cneltats due baat.ec.,it any,are e.nnely*thin the*eats"ben of the PMpeRy sad aaaes*Men,*.s e........1 emperor not issladed hew..sad,1l Minn ham the Wenn.et prat L..anenam Jule.SELLML ss'ARRANTS ALL APPLIA.s(.et,N(.sl I.n.,d'R CONDITIONING.WIRING AND PLUMBING UILD AND LOCATED ON RAID MEMOS AXE IN PA(µ'lA WORK*..s.Rt4L14 AT DATE OF CLONING. rite seller tether was to deli*ta'ta.eial.not lane than an almeasa me3 eaosi,1ed OW all a.Wnt.•.n.d du. • .yaieos m lure Lcm cuaPla4 wish.Unleu otherwise srnestsJ tom oak shall to MI Jere Nam the.tan*tut. • IL the.,e,s this Joliette it looped,t whu.ntiany dasatted by Jae et say ashen cane berme non dosing dna.(ha aweems*dell beams,null end rota.as the*settler's*Weer,end all sonar said beteendee shall be Mended to hits. The barer sad sell.der mutually sone that pan tar adivaasesa.a onu lMManm,and city AIM,.and,aw hu e e sit On...Nowt,anent saerµhy,Oman,.lean k made as of Gate or closing • The sells,•lull,within a anmahk time dire µ puo.l al.his aywemast,lonith.n sho,+a 01 ear.or a Violas.J seas** Ahosast matted In dale W man tots.reties tar,/u.a tltaltaiwMs.sad Sena'al 4rJmt IadnnKMt OW i.Nw Ilse a.*a shall be Waned 10 drys ohm stamps thraol Ise eram.waun el sass ease sad the mating of am**Gum data.soul alumna*o.be nude in *sling or skewed to be nosed,t any nbletti sus es,el'made she sills,Jon he sawed 1;e dam at mute stab sad,.aaatelalh Stab* awsnuon red shin the/VssaMs Mods tangoed shall be pulas•aed.tut woo as.euine d vine and mob.,In As..saes.,seem..s,s m its,lmrer,she ea**shall*mum lint ac,wmeal aan.d.na W no wnh If said tide is not munashln and Is out Math W wahaa 110 J,In from the date se scans abgn.ont then*se shwa ps.a.I_'d ill soot..en.troll he null and rod.t optima et the hoer,and aea'las*.tuna'dell be table for*Mates beaMnk,so the.••Res,•1tat ma. All watt'dhtelM,m Pad by to I'uy.s shall be,ad,Jsd.fe eke auk go sass Paµwsy be hwa.ma.avable.'e W w...of.wits tool woo., • and.a.J hie.shall Jcwoh m any M An.aarsanu.add s.msa ne In dnaols lets paid al W clay..den on.).that.re the silts nue term Ione toil aWnao awl on suit Relaaowm all the posts..•male*an.clan,swat stall br awned I.e sal.ello..sd..d seem.n doge te.Wo.ire'morn.too acme,t 1po.da,d Soon..tone beets at ate emote hewn.]'lair Pantsan MA or dear a WO,Pun of r the eisW.J eahn..na tK wrote Cotonou.of.lit'a.atam provided Wsh.amatt shall too be seammtarm enter nl.and.pnotlad sham/ .o mJW.e soh amigo peaw.maos shall 4 aanuaeral what is*man Mar isle atlas ar wile shall our. ft o oadww..l and aaaa l she that sale I.mute anhie.s to the+we vil*the won of.lid COCOON in*sinks sad,hsa the...inn maned area k in no num..liable et espuanble as sawn of this satinets.snapt m swear.own bo she emnm.aoat,tend*WO duo W lssaey roar a..seeee nit raaenasora aasoe.ae,er a oat.oenar The datum tl ell Wpm and m.aks lotto be node es the tare oh St AVM eta Apoerasure and the•tie daub ode.nierainntni.onset or the*me •do lathe avPraae I hen*-emu as paalu.a she aidpapnta!n the prat adad RYMARLAND CAMP alma Mtn Mans dare aseonutd load d Matte*en ..o at4awla PEAcl iweelf EDElf HilislBTti. M31Vti1;til a IIYL... ... $ya sale tiidlt kikr • 11.tre s.XN dbr tenter re a s air sa a% latt'(11W(1.t`d'nbe7•R.ee is Ill Mr1T Itedi11Rh Bun..difllt.iiiifb(P;t:L'(•IUY aUYJil7f :..: • 4„. computed on the unpaid balances at the interest rate as above specified (interest shall run from April 1, 1999). The Contract for Deed shall provide for principal payments equal to one-third of the Contract far geed amount payable April 1, 1980, one-third of the Contract amount psYshle April 1, 1981, and the remaining balnenem of the COnttect amount payable April 1, 1982. in addition, the accrued interest on the remaining balance shall be payable with the Contract principal payments. The Buyer shall have the right to prepay en this Contract at any time without penalty. • The Seller shall have the exclusive use of the subject property to operate its day camp business for the rrummer,months or 1979, 1980, end 1981. The Seller shall have no further right to the use and occupancy of the premises after September 1, 1981. The Seller shall be responsible for all empenser related to the subject property and the operation of the Say camp and will carry appropriate insurance to cover the buyer's inteae t in the subject property. • • • • t' Q 1 i. MEMORANDUM TO: Mayor and City Council S Parks, Recreation f, Natural Resources Commission TABU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services • DATE: May 31, 1979 • SUBJECT: Community Services Van/Request to Lion's Club • In 1977, the Community Services Department requested the Lion's Club to consider donating a van to the Department of Community Services for use by the recreation. :,:' division in serving senior citizens, special populations and other recreational programs. At that time, the Lion's Club requested City staff to take this request to the Parks, Recreation and Natural Resources Commission and the City Council for their approval and also to provide information on the type of vehicle and how it would be used and to insure the Lion's Club that the City could afford to maintain the vehicle and "would not be forced to hire a "$10,000 person to operate at $7,000 van." The.Coamiunity Services Department has been coordinating a transportation program for senior citizens for over 4 months now and anticipates continuing sane type of transportation for senior citizens. The Community Services Department is now in the process of hiring a Human Services/Senior Citizen Coordinator that will act as staff liaison to the Human Services Commission and provide staff services for the senior citizens assisting them in promoting programs and development of their new senior citizen center. I would anticipate this new coordinator doing some of the driving in the future and coordinating the volunteer program to continue the transportation program with seniors. I would also anticipate the types of use to include providing some transporation for our special populations program and also for use in the recreation department for possibly trips by the Teen Work Program, etc. The majority of the trips that we arc taking with the station wagon are carrying three or four passengers. It would be my recommendation to get an eight passenger van as I would anticipate larger numbers per trip as the service becomes more accepted and the senior center becomes active. I have contacted several car dealerships for price estimates for an eight passenger van with an automatic transmission, a small V-8, and with a radio, air conditioning and rear heater. The prices range from $7,800 for a 1979 to $6,500 for a 1080. • I'm sure the Lion's Club has made several commitments for funds since the Community Services Department request of 1977 and tho Lion's Club may not be able to assist with the purchase of this vehicle in the near future. However, as we are recognizing the need for a vehicle of this kind, I felt it would be appropriate to first go back to the Lion's Club with the answers to the questions they had asked two years ago. The staff is requesting Council support of this request. BL:md PP MEMORANDUM TO: Mayor and City Council ... • TT#RU: Roger K. Ulstad, City Manager • PROM: Bob Lambert, Director of Commmmity Services ` • DATE: May 31, 1979 SUBJECT: Lease for Eden Prairie Stables On May 21, 1979, 1 appeared before the Metropolitan Parks and Open Space Ceonmrssien, to brief them on the status of the Bryant Lake Stables. There was a.great.deal of discussion at that meeting as to the purpose of the stables in that regional :irk. The commission felt very strongly that unless there were speei:fie recreational programs being offered to the public, the stables .should not tm Operated at all. Commission members noted that the Vo-Tetb had not used the word nre`.taitt*Aa1" one time in their entire proposal. The commission then tecemmended to' tritium) the matter prior to malting a decision until after reviewing the lanai e4reement. The lease agreement would have to spell out specific recreational lrt!ge ; would be offered to the public. Timing on this proposal is getting to be critical. Vo Tech's lease agreement with Malkerson's terminates on June 1, 1979 and they have classes beginning.July 1. 1979.. Their bored only meets on the second Thursday of the month. I vented our Parka, Recreation and Natural Resources Commission and City Council to review the lease agreement prior to sending it to the Metropolitan Parks and Open'pace cantulssion aua to Hennepin County Vo-Tech School Board. Mr. Pauly has indicated that he will try to have a draft prepared by the June th Council meeting. BL:md ' • • • • LEASE THIS LEASE AGREEMENT (the "Agreement") is made and entered into as of the day of ,1974, by and between the CITY OP EDEN PRAIRIE, a municipal corporation, hereinafter referred to (, as "Lessor" and Joint Independent School District 1287, hereinafter referred to as "Lessee"; WITNESSETH: • WHEREAS, Lessor is the owner of certain lend consisting of approximately 15 acres situated within Bryant Lake Park more particu- • larly described in Exhibit A attached hereto and made a part here- of, on which are situated certain improvements including a house, a barn consisting of horse stalls and an arena, a. tie'stall earn and a pole building together with fences and paddocks, all of which • is hereinafter referred to as "the premises;" ands WHEREAS, Lessee desires to lease the premises from Lessor upon certain terms and conditions as hereinafter sot forth, NOW, THEREFORE, in consideration of the premises herein recited and of the covenants, conditions and agreement* herein- after set forth to be made, kept and performed by the parties hereto, the partied mutually agree as fellows: . • I. Lessor hereby leases to Lessee, and iAeasee hereby leaves from Lessor, the premises, during the term, in consideration of the'payment of the rents by Lessee to Lessor and in accordance with all of the covenants, terms, provisions and condition3 hereof. II. Lessee shall use the premises for the operation and • conduct of an equestrian center,including horse indsetrY odu=a- tional programs involving post secondary horse afire aed stable. operations and secondary horse care; commuMty recreational programs, including riding lessons, horse shown and special, • group events such as horse care demonstrations, riding and giant t t: :•.,,: and providing individual and group recreational uses of the prom es and facilities through its community programs. The foregoing Cpurposes for which Lessee shall be obligated to use the premises .shall be phased in during the first six months of the Lease term and thereafter shall be continuous,subject to weather conditions _ and seasonal changes and, further, subject to Lessee's changes in curricula relating to educational horse care programs. In addition to the foregoing uses, the house situated on the premises will be occupied by a caretaker or custodian. III. ' 1. It is recognized by the parties hereto that the use of the premises by Lessee constitutes an interim use of a metro- politan regional park facility. In accordance therewith Lossec's term of occupancy under the Lease shall be for a period of three (3) years commencing on the day of ..1979, and terminating on the day of . 1992, ("initial term"). ( . 2. Lessee is granted the right and option to extend thin Agreement upon expiration of the initial term, for an additional term of three (3) years ("extended term"), subject to the follow- ing: a. That Lessee shall have given notice in writing to Lessor of its intention to exercise its option • hereunder by serving a copy thereof upon the CiLy in the manner provided for service of'a summons for the District Courts in the State of Minneseta or by registered or certified United States Mail at lest four (4) months, but not more than six (4) menthe. prior to the expiration of the initial torin; and, b. That all necesuary approvals.and consouts of applicable governmental agencies and lib iviaiCfl , including the Metropolitan council,auL'.bOriZiWWJ t111 • • use of the premises by Lessee during the extended term shall have been obtained by Lessee and such use during the extended term shall not impair • Lessor's ability or entitlement to receive funds • from any source for additions to or improvements in or of Bryant Lake Park of which the premises are a part. In the event Lessee exercises its option hereunder all of the terms and provisions of the Agreement, except paragraph VI hereof, shall apply during the extended term. IV. As and for rent of the premises Lessee shall pay to Lessor the sum of Two'Hundred Dollars ($200.00) per month during the initial term of the Lease and any extended term pursuant to the a*e rcise of Lessee's option hereunder, payable on or before the first clay of each month, commencing on or before the let day of 1979, provided however, Lessee shall receive a credit against its obligation to make monthly rental payments to the extent of its actual costs incurred in making the repairs and improvements required by it to be made pursuant to paragraph VI hereof, but in no event shall such credit exceed $2,400.00 in the aggregate. V. Lessee has inspected the premises. No representation, statement or warranty, expressed or implied, has been made by or on behalf of the Lessor as to the condition of the premises. The taking of possession of the premises by Lessee shall be conclusive evidence that Lessee accepts the same "as is" except as provided in paragraph VI hereof. In nonevent shall Lessor be liable for any defect in the premises or for any limitation in its wio. VI. 1. Within a reasonable period from the date 'herouf, but in no event later than ,Lessor agrees ttbt - shall make or cause to be made these repairs and imprcwemaiit9 •tfle 14741W41 • set forth in Exhibit B attached hereto and made a part hereof. 2. Within a reasonable period from the date hereof, but in no event later than , Lessee agrees that it shall make or cause to be made those repairs and improvements to the premises set forth in Exhibit C attached hereto and made a part hereof. VII. Lessor shall, to the extent permitted by law and it will not be required to pay fees in connection therewith, apply for and obtain such permits as may be required for the performance of Lessee's obligations to repair and improve the premises. VIII. 1. Lessee shall keep and maintain the premises and all improvements in a safe, sanitary, and sightly condition, in good repair, and shall restore and yield the same heel to Lessor upon the termination of this agreement in such condition and repair as shall exist upon completion by Lessor and Lessee of the repairs and improvements required to be made pursuant to the provisions; hereof, ordinary wear and tear excepted, and if such premises shall not be so kept by Lessees, Lessor may enter the premises (without such entering causing or constituting termination of the privilege, or an interference with the possession of said premises by Lessee) and do all things necessary to restore said premises to the condi- ' tion herein required, charging the cost and expense thereof to Lessee and Lessee agrees to pay Lessor, in addition to the rent and charges hereby reserved, all such costs and expenses. 2. Lessee covenants and agrees to keep said premises and improvements situated thereon free and clear of any and all liens in any way arising out of the use thereof by Lessee. 3. Operations to be conducted by Lessee under this agree- ment shall be at the sole expense of Lessee and shall be sub}ect• to general inspection by the Lessor to insure a continuing quality of service commensurate with the standards provided for in this agreement and to such other provisions of related agreements ,'7e may be pertinent as entered into between Lessor and otheregovera ing the use of and operations of the facilities on the promiann. Pi 4. Lessor, its agents and employees shall have the right at all reasonable times to enter the premises for the purpose of inspecting the same from time to time. Lessee shall not sublet the whole or any part of the leased premises or assign all of or any part of its interest in this Agree- ment without first obtaining the written consent of Lessor to any such sublease or assignment. X. In the event the premises or the buildings of which the premises are a part shall be damaged or destroyed by firm or other casualty, the same may be promptly repaired or rebuilt by Lesser at its expenses as soon as funds are available, .but Lessor shall not be obligated to repair, rebuild, restore or replace any fixture, equipment, display or other property installed by Lessee or others pursuant to this agreements provided, however, that Lessor may t'1'nct, at its sole option, not to repair or reconstruct any building which.. is a part of the premises, and, upon written notice of such election from Lessor to Lessee, the obligation of Lessee to pay rent shall cease and this agreement shall thereupon terminate. xx. In the event that all or any portion of the premises shuli be taken by eminent domain proceedings, or by purchase in anticip.tiiuh of such proceedings, the proceeds payable in connection therewith by the condemnor shall be paid to the Lessor. xxl. Lessee, for the duration of this Agreement, and any *stem:ton or renewal thereof, in the operation of its business, shall conform f to all applicable laws, ordinances, rules and regulations. • xIlt. Lessor shall not be liable for any damages to any property or person at any time that may occur in or upon the premises, other than damages due to the negligence of Lessor, and Lessee covenants C, and agrees that it will indemnify and bold the Lessor free and harmless of and from all claims of whatever kind or nature for damages by or to any person or property whomsoever or whatsoever, other than as shall be caused by the negligence of Lessor,but including any personal injury or injuries to any person,or props'ty alleged or claimed to have been caused by any act of commission or omission of Lessee, its agents or employees. xlv. Lessee shall assume all risks incident tet Or in Connection with the uses of the premises hereinunder and shall be solely responsible for all accidents or injuries of whatever nature or kind to persons or property caused by its operations on the premises and shall indemnify, defend and save harmless Lessor, its authoriNad agents and representatives, from any penalties fox violation of �,.. any law, ordinance or regulation affecting its operations, and from any and all claims, suits, losses, damages or injuries to persons or property of whatsoever kind or nature arising directly or indirectly out of such uses of the premises, or resulting from the carelessness, negligence or improper conduct of Lessee, or any of its agents or employees. Lessor shall not be liable to Lessee for damage to pYOP(q-LY of Lessee or any loss of revenues to Lessee resulting from Lessor's acts, omission or neglect in respect to the premises. RV: 1. Lessee shall maintain in forte during the initial term and any extended term hereunder general liability insurance,in tiu s?4114"" of Lessor and Lessee for injuries to peraanet occurring in,or on illtt premises; such insurance shall at all times be in An a> L''Vr f 4. / • oat r less than Owe Million Dollars ($ ,000,000.00) • for injuries • to any one or more persons arising out of any one accident or one. occurrence and not less than Owe Million Dollars ($8,000,0O0.00 for damage to property. 2. Lessee shall maintain in force during the initial and4 any extended term hereunder a policy or policies of insurance insuring any property of Lessee situated on or about the premises • against loss by fire and other perils in the amount of the full. insurable value thereof. Such policy or policies shall contain a provision whereby the insurer waives any right of subrogation which it may have against Lessor. 3. Duplicate memorandum copies of all insurance policies • secured by the Lessee shall be delivered to Lessor, together with satisfactory evidence of payment of premiums thereon. All renewal policies to be procured by the Lessee or copies thereof, together with satisfactory evidence of payment of premiums thereon, Shall be delivered to the Lessor at least thirty (30) days before the expiration date of the policy then in force. XVI. Lessee shall be responsible for and shall pay all taxes on equipment, furnishings, fixtures and property placed on the leased premises, if any, and shall pay promptly any and all utilities hnod E.y it on the leased premises for the duration of the initial and the extended term of this Agreement. XVII. Lessee shall be authorized and entitled to•set the rates and charges for rental of stalls, boarding, cost of lessons, and other equestrian services, provided however, Lessee shall notify Lessor of such rates and charges prior to their imposition. Lessee shall have the right to sot the cost for all food and beverages, incident to the operation (i.e, vending machines). 1530 _. _ , , ,. , . . .,:.. ...: XVIII. '-:, :',':. This Lease is made upon the condition that if the Lessee shall neglect or fail to keep, observe and perform any of the cove- • nants and agreements contained in this Lease, which are to be kept, • observed or performed by it, or if the Lessee shall vacate said Cpremises or abandon the same during the term of this lease, then • and in any of said cases the Lessor may immediately or at any time thereafter, and without further notice or demand, enter into and upon said premises, or any part thereof, and take absolute possession of the sane fully and absolutely, without sµch r'o"entryworking a forfeiture of the rents to be paid and the covenants to be per- formed by the Lessee for the full term of this Lease. and may at the Lessor's election lease or sublet said premises, or any part thereof, on such terms and conditions and for such rents and for such time as the Lessor may elect, and after crediting the rent actually collected by the Lessor from such reletting en the rentals • . stipulated to be paid under this Lease by the Lessee from time to time, collect from the Lessee any balance remaining due from time to time on the rent reserved under this Lease, charging to the ( Lessee such reasonable expenses as the Lessor may expend in putting the premises in tenantable condition. Or the Lessor may at its election and upon written notice to the Lessee declare this Lease forfeited and void, and may thereupon re-enter and take full and absolute possession of said premises as the owner thereof, and free from any right or claim of the Lessee, or any person or pereens claiming through or under the Lessee; and such election and re- entry last mentioned shall be and constitute an absolute bar to any right to enter by the Lessee upon the payment of all arrearages of rent and costs after a dispossession under any suit or process for breach of any of the covenants of this lease, and the commencement by the Lessor of any action to recover possession of said premises f aforesaid shall be deemed a sufficient notice of election of said Lessor to treat this Lease as void and terminated, without the written notice above specified. I';')1 XIX. In the event of the termination of this Lease by Lessor as hereinbefore provided, Lessee shall, and hereby waives any and all claims of any character for damages or loss which it may sustain for any reason or cause whatsoever. XX. The failure of the Lessor at any time to require performnnec of Lessee of any of the provisions hereof shall in no way affect the right of Lessorthereafter to enforce the same, nor shall the Waiver by Lessor of any breach of any of the provisions hereof be taken or held, to be a waiver of the provision itself. XXI. Time is declared to be the essence of this Agreement, and the terms hereof shall inure to and be binding upon the parties and t:hoi:r respective legal representatives, successors and assigns. This Asir. ment embodies the entire understanding of the parties with respect to the subject matter hereof and shall not be amended or modified except in writing signed by the parties. XXII. All notices to be given to Lessor or Leases shall bo given in writing and hand-delivered or by depositing in the United States Mail, Certified, and postage prepaid, addressed itoa CITY OP EDEN PRAIRIE JOINT INDEPENDENT SC11DOL 8950 Eden Prairie Road DISTRICT 4 287 Eden Prairie, Minnesota 55433 XXIII. Lessee further covenants with Lessor that at the expiration of the initial term or extended term, peaceable possession of the premises shall be given to the Lessor. XXIV. Lessee, upon performing the covenants, conditions and cuyree- monts herein contained, shall and may peapefully"have, hold And enjoy the premises and privileges 'hor©inafter;grauttitl. 1511 IN WITNESS WHEREOF, the parties hereto have executed this Lease this day of .1979. CITY OF EDEN PRAIRIE, "Lessor" By Wolfgang H. Penzel, Mayor By Roger K. Ulstad, 83.ty Mhnagor JOINT INDEPENDENT SCHOOL DISTRICT 1287 "Lessee" By BY • STATE OF MINNESOTA ) ) SE. COUNTY or HENNEPIN ) The foregoing instrument was acknowledged before ma this day of ,1979, by No1fgaiag H. Passel, Mayor, and Roger K. Ulstad, City Manager, of the City of Eden Prairie. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) • The foregoing instrument was acknowledged before me this day of 4979, by and of Joint Independent School District 1287. rr Rotary Public • ' '.: .: .. . - ' .....:--:,'''...-'7...‘'-':..-''';',:..'7;,?'..7'..-...7.',.•.•:"7.',F....:-""."--.7-'-.:''.2:-....--...::: '''.'..",...''-: ' .:.' -".....S.'. '7::„.'- ',:,:. - `........-' —:''..,? .,_ I. • . •...4:1:1,1!..7 ' , 1 I • , '?,.: •, \ I Exhibit A :"::•'S• -1 i •. .., %i, -,,,,"7,;•,;,;.. ,,,Z , . 4,.. ...,..!. .„'Y N• . ,x7 ..: ,, •-• • * ,. , , i I . .. „.. t. :,,,:' . ,\. • • R'''''eSill '' t ,'‘'.. • ' %;1: . % • si *I 1,0 ,1'.-:;.1`,.:2 .r..,..,. ....,>• . , ft.... .,t‘,......„....„,....., ........,x • :,.. .,..,„: ,.i.4...),i • ......„.....„. ...., , 0...,, , .,.. ... .. . „,...,.4,, t.,.4::•.„,...t, ...,...,., ON .. BRYANT JAKE STABLES , 7 .1...x:....i. V, I.:} ' .:,.-,,,ttir,e., • - ••-•:".:t.• 1 , ., --"--.---7-7,, '7".-...- ;,_-,,,,,..... *<—..-.,--<-".7%.1 "3 1 "•,( , \ ‘, ,;14 \ \ "-- .:::;•,:•,:•:.i.,.k.i",,.,?',, : 14-szt.: ,• ' :',.. .."'" o'.., ••• \ ... ' f'•'..•,: • (k• *.t4 % sA A.!J.--.".. : v',,,,,‘i...`s•-•• ..-...% ,.,...,;, 7—- . ••••-,.•',.,,...---,'th........- ', 1.,cp ...._ 1....4iit • ' \\ . ..--- t... .4,..,. •,A..., kt.‘...,:,,•,,,,- -. .....,..... , .. ... ... \\(\.............:......... ........................sss,,,.\,') \,‘ 04..Lf;titQct.,'....•-1.;:V.44 tc4% On 1., - '',..). 0 ,,,,,,4.,L, 4,,‘,..• . .. . .4..,• 1;A'. ... -_ (. \ C':: :' ;:t. i';:,• ...- . 1........_ ./ . , .. . „...,, . ..,„ c). el:4..,,f^. -•.43, ,". ', ."-: ' ‘,'%;'.,..). Pjltt tz,C`.:‘,. . ... -:.........2-7,.....,,,,,,4.:: •,, :::.,:., t:, • EXHIBIT B The City of Eden Prairie agrees, within a reasonable time, to the following so as to render the facilites at Eden Prairie Stables useful to the Lessees: I. Roof repair and insulation repair caused by water damage to the stall barn attached to the arena. 2. All existing electrical brought up to code in arena. 3. Removal of all existing manure stored on the site. 4. Removal of all debris and exposed foundations from buildings that have been removed. 5. Grading of access road, parking lot and two outdoor arena areas, 6. Preparation of plans for stables within the HJym,d. takes btaae'ter Flan. .. • • C EXHIBIT C • Joint Ind ant School District #287 agrees, within a reasonable time, to the following so as to render the facilities at Eden Prairie Stabes useful for instructional purposes: 1. Installation of an automatic water system for the stall area. 2. Installation of a septic system for indoor toilet facilities. S. Heating and insulation of the arena (Just above freezing), 4. Completion of a tack room, locker room, toilets, classrooms and office. S. Construction of a wash stall area. 6. Heating in boxstall area. 7. Additional lighting in the arena. 8. Removal of tie stalls in stall barn, and construction of.appro riately sized box stalls. 9. Plumbing, heating and electrical brought up to code in the stall barn. 10. Construction of the two outdoor. arenas. 11. Construction of new paddocks. • • MEMORANDUM TO: Mayor and City Council 11RU: Roger K. Ulstad, City Manager PROM: Bob Lambert, Director of Community Services -- DATE: May 31, 1979 • SUBJECT: Milkovich House on Anderson Lakes Early in 1978, I requested information on the status of the remaining parcels in Anderson Lakes Regional Park Reserve from the Metropolitan parks and O mn Space staff. I was informed that Anderson Lakes Park Reserve is a ptievrity lA regional park site and that the Metropolitan Council has "itr Ttaldikt " fumts for acquisition of those parcels. I was told that the City should- if th�st property owners informed that if and when they decided to sail their:h that the City of Eden Prairie should be notified so the properly An Tao it t for park purposes. I then wrote a letter to each of the property,soma rcntinding than that they were located within a regional park site and that eventusf their property would be purchased for park purposes. • George and Carolyn Milkovich own the home at 9561 Timber Trail, Mr. Mi1hmch is now teaching in California on a 'sabbatical from the tloaversktyand Itch dcrixtew4 to sell his home in Eden Prairie. Mrs. Milkovich called me on May 21, t970,to state that they wore putting their home on the market. I informed Der that.I would be requesting approval from the City Council to obtain an a praiaal cn the property and make an offer to purchase. The staff would recommend the City Council to approve authorizing staff to obtain ' an appraisal of the property at 9561 Timber Trail. BL:md • May 21, 1979 • Mr. Robert Lambert Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Lambert: • This letter is to confirm our telephone conversation today in which we stated our intentions to place our home at 9561 Timber Trail for sale. This property is adjacent to the Anderson Lakes Park property and in the past some Eden Prairie officials have stated that the city was interested in purchasing the property should we ever decide to sell it. However, in 1974 we did ask the City Council, through Mr. Marty Jessen, Eden Prairie Parks Manager, to purchase the home, •At a city council meeting, the council stated that the city was not interested in purchasing it. Our present plans are to begin listing the property in June; our urice will be $96,500. We felt we should check one more time to determine the city's interests, since we do feel that the Anderson Lakes Park area is'a unique asset to the city. However, we recognize that the city may not wish to allocate park funds to the acquisition of more property, and we are concerned about the typical time delays involved in dealing with the variety of public decision making bodies that may become involved. In sum, the purpose of this letter is to inform the city of Eden Prairie of our intention to place our Timber Trail property on the market, and to give the city the opportunity to buy the house by June 30, 1979, if they are interested. Sincerely, George & Carolyn Milkovich i 29158 Oceanridge Drive Rancho Palos Verdes, CA 90274 • 1) MEMORANDUM TO: Mayor and City Council • a. THRU: Roger K. Ulstad, City Manager Bob Lambert, Director of Community Services DATE: May 31, 1979 SUBJECT: Slalom Course - Staring Lake Attached is a letter from Matthew S. Werneke requesting germiss.ion-to put-u water.' skiing slalom course on Staring Lake. Mr. Nerneke is a resident of Edina and has used Staring Lake for water skiing for several years. He 'enjoys water skiing on this lake because it is protected from the wind and it receives very little use by ether power boats. The Parks, Recreation and Natural Resources Commission considered his request at the May 7, 1979 meeting. Dave Anderson moved to recommend approval of a Sante*l tOUrSe proposed by Matthew Kerneke. The Senior Citizens Pioneer Club should be notified of this recommendation and can appear at the Council meeting for commentg if they wish to do so. Motion passed unamiously. At the last Pioneer Club meeting, the seniors were requested to comment an this proposal. The seniors unanimously wore opposed to a slamon course on this lake. Siting that the lake was heavily used by fishermen and was too small to promote this type-of use with fishing. Staff recommendation would be to deny the request for the same reason sited by the s4(Ar citizens. UL:md C • i • • • • TELEPHONES 642/333.0383 SAS�� Louis O. V 1�ferneke Company 612r333-0384 eE= Manufacturer and Distributor al nine Printing trtks . 416 CHICAGO AVENUE,MINNEAPOLIS.MN 56445 FF May 2, 1979 • • Mr. Dick Anderson Village of Dden Prairie 8950 Eden,Pr.airie Rd. Zden Prairie, Mn. 55436 • Dear Mr. Anderson: I am writing you this letter so that you end your committee will give me the permission '1 need to put a waterskiing slamon course on Starring Lake. This lake is fairly small and from what I see there is only one home on the lake. I want to set use the course on the south side, which would be on the opposite shore of the home. Below is a sketch of the lake and the course. it doesn't take up much room and would be out of the way of everything. This course is not just for my friends and I, it will be for the pleasure of others also. I will be attending your committee on Monday, May 9th. If you have any further questions you ratty ask them at that time. Thanks for your fine cooperation. Very truly yours, PAS—.. . t,�.9. ,�. ► .. Sj Matthew 8. tieraeke • 0 •' • ' ' } . q . , , r 3. O. Is . a as_ a • YI\0 bat ui t elk:Si,.•t _.��f • 0614 Ci„3�na - • • • • MEMO RANDUN TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager , FROM: Bob Lambert, Director of Community Services -- ATE: May 31, 1979 SUBJECT: Application for Conveyance of Tax Forfeit Lands the County Finance Division has provided the City with the classification list of non conservation land in Hennepin County describing the parcels forfeited to the State of Minnesota for non payment of real estate taxes. As provided in Minnesota Statue 282, the County requests the Council to approve the public sale of the parcels. Parcels may be withheld from sale and/or acquired for public use purposes pursuant to Minnesota Status 282.01 Subd. 1. If it is the intent of the Council to acquire parcels for public use purposes this should be done by a resolution stating the purpose to be made of the parcels. After reviewing the parcel list, the staff is recommending the Council to request the following parcels be withheld from the sale and be acquired for public park purposes: • PLAT PARCEL DESCRIPTION OF PARCEL A 57029 6100 Westgate Addition, Block 7, Lot 15 This is a lot adjacent to the seven lots acquired through tax forfeiture in 1978. B C S6709 4820 This a 33 foot wide strip of land bordering the western boundary of the dedicated parkland from Valowoods located just south of Valley View Road. C 56706 3300 This is 20 acre parcel located just to the east of the Edengate dedicated parkland and northwest of the Sunset Ridge Subdivision. The following parcel should be acquired for future road right-of-way purposes: D 56956 0100 This parcel is actually two triangular shaped parcels on either side of Birch Island Road at the southern end of Birch Island Lake just west of the railroad tracks. E The only other parcel of tax forfeited land in the City of Eden Prairie is Plat 56724, Parcel 4510. This is the Bergin property that the City acquired in 1972 through condemnation. The City received a Quit Claim Deed from Bergin in May 1974. CAs part of the award, the City was to pay taxes duo in 1973 and 1974. 'These taxes were never paid. The City submitted an application for conveyance of this tax forfeited piece of property in April of 1979, The above mentioned recommendations account for all five of the parcels on the ' tax forfeited list in the City of Eden Prairie. BL:ed . . , . ..„. . ..... . ..,„ .. „ . . . ...... . , .. • 1 , • ' . • (2_1_0 1 w 1 U. 1 42 x 41. it . X,y0-4.e"4.1.111 • 4.. II: d'„ . • ,d... \.,,-.I., •Pc, •-:024.: . ;;:o..------7, 1‘61S?I St a I 4 ..... X.?2'‘.1 ., V • i - ( / Nts..„... .. 1 .. 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'4, ,....1 i ,2''•: ..,... ,...... - •.::..... • \\ 2. , . .... \ . \ *. - re?•*c% . .*...t XV.• %-, ....,.x. • 4* ,',.....^.; )'- • ' I‘ \\ t:'•,?. ) .s-4\-<ve- , ,_, 1:•.:,. .: , •, ... t • .14.' . 5, ttt,----... • P• 7 l'''‘: ' •.--. , ,,- .• .., ,-- / \- -,. .._. • reiTarsT aal II aler 71tri:arnehmelinentrre .orridri.iirg•Triru••IR.•am 4 1 • . ..... • • n.••:.:_, .• ';;••: ., . .• . oetp . . • ....:..E:c.-:.V.':),T.11 6-R.2 I .. ......... ... MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services 1..,. DATE: May 24, 1979 SUBJECT: Anderson Lakes Joint Master Plan In the approved Regional Recreation Open Space Plan, Anderson Lakes Park Reserve • will be one site including the existing Hyland Lake Park Reserve, Bush Lake Pork, Corridor Park, Tierney's Woods Park in Bloomington, and Anderson Lakes Park in Eden Prairie. This park reserve will total over 1,800 acres and will be joined by a series of trails. In accordance with Policy 13 of the Regional Recreation Open Space Policy Plan, '"there shall be one coordinated master plan for each regional recreation open space site which involves more than one imple- menting agency. This plan shall be approved by each of the implementing agencies, and shall identify the nature of each agency's responsibilities for carrying out the compatible development and operation of the park." Funds for the necessary acquisition were approved based on the concept plan of each implementing agengy - Hennepin County Park Reserve District, City of Bloomington and the City of Eden Prairie. However, funding for development was to be withheld until a joint master plan is approved. Late in 1977 staff members from HCPRD, Bloomington and Eden Prairie met to discuss what this document should include. HCPRD staff agreed to draft the original document that would then be submitted to Bloomington and Eden Prairie for revisions • prior to submitting it to various governing bodies. • Because of the transition of a new director to the Department of Community Services for the City of Eden Prairie, Eden Prairie was the last governing body to review this document. • It was first reviewed by the Parks, Recreation and Natural Resources Conunissicun at the May 1, 1978 meeting after which several commission members met with staff to revise the proposed language concerning the Anderson Lakes Park portion of the Joint Master Plan. At the May 15, 1978 commission meeting the commission made several more changes to the language and recommended that the Council review the draft and give staff direction as to wording for the final document. • • Anderson Lakes Joint Master Plan -2- 5/24/79 At the June 7, 1978 Council meeting, the Council requested staff to provide a memorandum on the Eden Prairie Anderson Lakes portion of the Joint Master , Plan. Staff provided that summary in a Juno 9, 1978 memorandum, and then requested the Council to give direction on the first draft document especially concerning the questions on ownership, (responsibility for acquisition, development and operations), the interpretive center for Anderson Lakes, and • language referring to County Road 18. • At the September 18, 1978 Parks, Recreation and Natural Resources Commission meeting, the staff from Hennepin County Park Reserve District discussed with the Commission the proposed Joint Master Plan for Anderson Lakes Regional Park Reserve. At this meeting the Commission members re-stated their concerns: 1. That a full-time nature center be in operation at Anderson Lakes and that this center be referred to as the Blacklock Nature Center. 2. That all interpretive areas be separated from active use areas (bike trails, picnic areas) by a chain link fence, or some other • appropriate means of sepatation. 3. That all local trails connect with the park trails. 4. That it is not assumed that County Road 18 will be upgraded to a limited access freeway extending south across the Minnesota • River, but rather County Road 18 is expected to be upgraded to a limited access minor arterial. • 5. Also to develop some way that would insure continued local or Eden Prairie input into the development of Anderson Lakes Park throughout development. At the November 21, 1978 City Council meeting, Mr. Clif French, Superintendaut of the 1lCPRD, explained his position on the Joint Master Plan. It was his opinion that Eden Prairie staff had not kept the Eden Prairie Council fully • informed on their responsibilities as agreed to in the original contract and that Eden Prairie staff should explain the "rules of the game" to the City Council. Staff agreed to outline the contract the City has with the Metropolitan Council • • in regards to Anderson Lakes Park Reserve, also to outline the plan as proposed compared to the original plan, and answer any questions the Council submitted to staff. Metro Bonding Contract - Anderson Lakes Park In October of 1974 the City entered into a contract with the Metropolitan Council to acquire Anderson Lakes Park as a portion of the Anderson Lakes Park Reserve with the use of grants-in-aid funds as authorized by the Metropolitan Parks Act, Minnesota Statutes Section 773G.01. • �;(7 Anderson Lakes Joint Master Plan -3- 5/24/79 The contract was for a grant of $1,239,000 to complete the acquisition of all parcels in Anderson Lakes Park. The duration of the grant period was October 1, 1977. Due to condemnation proceedings the City has requested extensions through July 1979. There are now two properties in condemnation appeals, and six additional single family homes with small amounts of acreage to acquire, prior to termination • of this project. Therefore, we will be requesting another extension in July. The City chose to actively pursue the acquisition of all large parcels within the site, but has been less aggressive with the single family residential parcels. We have notified all owners that when they wish to sell, the City should be notified so we have time to obtain appraisals and approvals to acquire the property. (The Milkovich's have indicated that they are now willing to sell, and would like to do so as soon as possible.) • The City was to submit to the Council its Master Plan and annual budget for development on or before July 1, 1975. The Master Plan was prepared by Chris Enger in 1975 and the annual development budget has been revised each year due to the slow acquisition process. When reviewing the master plans from Eden Prairie on Anderson Lakes,and IICPRD on Nyland,and from Bloomington on Bush Lake, the Metropolitan Council accepted each master plan subject to a joint master plan to be prepared and approved by each implementing agency. No development funds were to be forthcoming until this joint master plan was prepared and approved. At the November 21, 1979 Council meeting several questions were raised by the Council. I will address each of the questions raised: 1. Who has title to the land now? The land is purchased by the City of Eden Prairie with "Metro" funds. The City has title to the property now. 2. Will there be special access to the citizens of Eden Prairie? In the present plan (both the original City plan and the proposed joint plan) there would be a parking fee for everyone, however all pedestrians and bikers would havo free access. i • 3. Would there be a fence around the park? Both the original City plan and the proposed joint plan call for a fence or suitable barrier between thr interpretive area and more active areas such as picnic area and bike trails. 4. Would there be a picnic area? Both plans show picnic areas in the southeast corner of the park. The original Eden Prairie plan is much more detailed and also shows location of the fence, the nature center and "field game space." IICPRD objects to "field game space" in a • regional park reserve." This is not compatible with the definition of a park reserve. • Pi(� • • • • -4- Anderson Lakes Joint Master Plan 5/24/79 S. Will there be an open field area, a place to play ball? The Council concern is that the City requested open space dedication, and scenicC , easement commitments along Anderson Lakes shoreline in the Preserve PUD rather than neighborhood parks and playgrounds. The original • intent was for this park to be a City park, allowing the City to develop the southern portion into an active use area for local or neighborhood use. Now that it is a regional park reserve that type of use is not compatible. A "regional park reserve" is defined as 1,000* acres of natural quality for nature oriented outdoor recreation. • Eighty percent of which is left in its' natural state or returned to its' natural state. A "regional park" is 200-500 acres of natural or ornamental quality for outdoor recreation such as picnicking, boating, fishing, hiking, skiing, and camping. I would suggest locating the fence around the southern shore between the existing hay field and the natural area. The hay field can then be maintained as an open field area, but neighborhood residents would have access to it for playing frisbee, touch football, etc. There would not be backstops installed, and the area would not be promoted as a "game" space area, however it would serve to provide a needed space area for the immediate neighborhood. (It is questionable if the HCPRD staff or the Metro Council would agree to this use and intent.) 6. How will County Road 18 be upgraded - how much will it be upgraded? In the original plan approved by HCPRD and Bloomington, language referring to County Road 18 included: "County Road 18 will be upgraded to a limited access arterial between I-494 and TH 13. Planning for the street will be done with the objective of minimal negative impact on the Anderson Lakes and Tierney's Woods sites. Grade separated trail crossings must be incorporated with the planning of the street." Eden • Prairie City staff didn't feel that park planners were going to decide the final design of County Road 18. We also know that the City of Bloomington has a difference of opinion on upgrading County Road 18 with the City of Eden Prairie and hoped the park plan wouldn't be held up until this difference was resolved, therefore we are offering the following language that was agreed to: "County Road 18 will be upgraded. • Planning for the road must be done with the objective of minimal negative impact on Anderson Lakes and Tierney's Woods sites. Grade separated trail crossings must be incorporated with the planning of the road." 7. Where are "regional park" regulations originated and how do we effect changes? The regulations arc originated from various sources - implementing agencies such as Eden Prairie, Metropolitan Park and Open Space staff, and from the Parks and Open Space Commission. All regulations must go through the Parks and Open Space Commission and the Metropolitan Council. The major conflicts, as staff perceives it, at this point are between IlCPRD and the City of Eden Prairie. These include the question of a nature center (building) in Anderson Lakes and local use of designated open space. HCPRD staff have indicated they are indifferent as to who "owns" and operates it. • Anderson Lakes Joint Master Plan -5- S/24/79 Nature Center - HCPRD indicates that Richardson Interpretive Center is not used to its maximum now and costs in excess of $100,000 per year to operate. They feel that it not necessary to have a building or structure to operate an interpretive program because tho program happens in the woods, meadow or , lakoshore, not in the building. They feel that it would be a waste of funds to construct a new structure for a nature center or even operate a program out of any structure other than the existing nature center - Richardson in Hyland Lake Park. Eden Prairie's position has been that tho City has been acquiring land for this park based on Les Blacklock's "Best of Two Worlds" report on Anderson fakes. The intention has always been to develop a nature center and interpretive program that would guarantee preservation of this unique natural resource but also in • a manner that thousands would be able to enjoy, appreciate and learn from this refuge. Mr. Blacklock detailed how this should happen to take the best advantage of this site. It certainly did not include a part time program operated out of Richardson Nature Center over a mile away from the site. Open Space Area - Although, the area designated as "field game space" should be developed as an open space area, the term "field game space" is misleading. There will be no active use areas developed in this park, but there should be open space areas along Anderson Lakes Parkway and in the southeast corner whore unorganized active use many occur. Ownership - The existing language in the plan is as follows: "Responsibility for the remiaining acquisitions, ownership, development and operations will be assumed by the Hennepin County Park Reserve District." The Parks, Recreation and Natural Resources Commission and the City staff agreed to this language because of the existing staff that HCPRD has. It was felt • they are already "geared up" to develop this park and the fewer governing bodies over one park reserve, the better. The Commission felt that this would acceptable if there was a development committee formed that would have input into the development of the park. This committee should include Edon Prairie residents and Eden Prairie staff. However, after the November 21, 1978 Council meeting, it was quite evident that IICPRD had no intention of constructing a nature center in Anderson Lakes, and there is some question as to other areas of use, the Commission may wish to reconsider. Recomnendations • Staff has attached a copy of tho joint master plan with the underlined changes it would recommend. These changes include: P. 4 Updating information on Anderson Lakes Park. P. 5 Changing words "interpretive area" to "nature center". P. 6 Changing ownersip, acquisition and development responsibility from HCPRD to remain with Eden Prairie. P. 7 Eliminate joint powers language with HCPRD. P. 8 (Appendix) Re-define direction for Anderson Lakes Park. Anderson Lakes Joint Master Plan -6- 5/24/79 The intent of this report is to summarize the background of events, to date, concerning this joint master plan and to propose language that defines the City of Eden Prairie's position on the development of the Anderson Lakes portion of this park reserve. If the City of Eden Prairie agrees to this language, these changes will then be submitted to HCPRD and Bloomington for their comments and action prior to being forwarded to the Metropolitan Parks and Open Space Commission and the Metropolitan Council. BL:md A1TACMMENTS: 1. Copy of the September 1978 draft of the Joint Master Plan with proposed • deletions (bracketed) and proposed additions timderlined. • 2. Copy of Eden Prairie Plan for "Blacklock Nature Center at Anderson Lakes" 3. Copy of Joint Master Plan map "Exhibit "A". • • • • • Proposed Joint Master Plan For Hyland Lake Park Reserve ltiasil Lake Park . Corridor Park . Park. Tierney's Woods . Anderson Lakes Park • • • Revised Draft Sept@mhir 1978 x Background The referenced sites are components of the regional recreation open space system, and,in accordance with Policy 13 of the Regional Recreation Open Space Policy Plan, "There shall be one coordinated master plan for each regional recreation open space site which involves more than one implementing agency. This plan shall be approved by each of . the implementing agencies, and shall identify the nature of each agency's responsibilities for carrying out the compatible development and operation of the park." This proposed joint master plan has been prepared in coordination with the City of Bloomington, City of Eden Prairie, and the Hennepin County Park Reserve District. It is based upon a correlation of the approved master plans for the respective sites, joint studies that were prepared in recent • years, available data from Bloomington, Eden Prairie and the District, and other supporting studies. The map,noted as Exhibit A, is attached to and considered part of this plan. Summary of Existing Sites and Plans Hyland Lake Park Reserve Acquired, developed and operated by the Hennepin County Park Reserve District, the site is approximately 976 acres, plus lake surface of 90 acres for a total area of approximately 1,066 acres. Existing use facilities include picnic area, nature interpretive center, group camp, bike/hike trails, ski touring trails, downhill ski area, ski jumps, and maintenance shop. J':` Page 2 Acquisition is essentially completed with the exception of one small parcel at the south boundary and a parcel on the west boundary adjacent to the memorial cemetery. • Future developments will essentially be refinements and improvements to the existing facilities and natural resources, and bike/hike • connections to Bush Lake, the Corridor, and Bloomington's bikeway system. Vehicular access will continue to be from East Bush Lake Road and from Chalet Road. Bush Lake Park Acquired, developed and operated by the City of Bloomington, the site is approximately 215 acres, plus lake surface of 200 acres for a total area of approximately 415 acres. Existing use facilities include swimming beach, picnic area and boat launch. Most of the acquisition is completed. The Bloomington City Council adopted a policy of acquiring properties located in this regional park from willing sellers only. Condemnation is not permitted at the present time. The unacquired parcels are generally at the north and northwest shores and at the south end of the lake where West Bush Lake Road is to be realined. The revised southeast boundary is formed by Oregon Avenue and W. 98th Street. Realinement of East Bush Lake Road (Co. 28) will utilize existing Oregon Avenue. • • Page 3 The City's master plan for Bush Lake Park proposes picnic areas and boat launch on the westerly shore, conservation and interpretive areas, trails, and improvements to the existing beach facility, and trail connections to Hyland Lake Park Reserve and Corridor Park. Vehicular access to the beach will•continue to be from East Bush Lake Road, with future access to picnic areas and boat launch from West Bush Lake Road. - Corridor Park and Tierney's Woods Park Acquired, developed and operated by the City of Bloomington, this area is approximately 317 acres extending from East Bush Lake Park Road west to and including Tierney's Woods/and the north shore of East Anderson Lake. The only existing use facility is the bikeway segment from East Bush Lake Road west to Lea Road. The width of the corridor is variable. Acquisition is nearly completed except for certain parcels along Forest Glen Road, West Bush Lake Road, and the west shore of East Anderson Lake. In accordance with the City's master plan for Corridor Park and Park Tierney's Woods/the primary emphasis is conservation and interpretation, with access by trails that will link up with Anderson Lakes Park, Hyland Lake Park Reserve, Bush Lake Park and Nine Nile Creek. • .. . page 4 Anderson Lakes Park Acquired, developed and operated by the City of Eden Prairie, the overall site is approximately 308 acres surrounding the two Anderson Lakes in Eden Prairie. Total surface area of the two lakes is approximately 260 acres, thus a gross area of about 568 acres. Acquisition is approximately (60%) 80% completed. Some parcels are now in condemnation, and the shoreline protection corridor along the west and north shore (are) has been acquired by dedication (.) and scenic easement. .All large land parcels have been acquired or are in condemnation proceedings. The only remaining unacquired parcels are six single family parcels located between Timber Trail and County Read 18. • The City's master plan for Anderson Lakes Park emphasizes conservation and interpretation and calls for Anderson Lakes Park to be develped into an interpretive area. The plan includes (access by bike trail) a park entrance, bike trail access, picnic area and nature interpretive center in the southeast corner of the site and a bike - pedestrian connection to Bloomington at Amsden Road. Vehicular access will be from Anderson Lakes Parkway (Amsden Road). Joint Master Plan - Development Concept • On the basis of correlating the existing plans, analysis of the resource • characteristics and functional potentials of the sites; and with the objective • of achieving a coordinated, viable, overall plan for development, use and .24 management, the following concept is recommended. Also see Appendix and Exhibit A. " - •, „ - • • ..- •. ••• Page S Trails The The components will be linked by a system of bike/hike trails and bikeways. Many segments of the trails will also be suited to ski touring which will • ; extend the period of public use to all seasons of the year. A total of approximately IS miles of interconnecting bike/hike/ski trails can be achieved (excluding the peripheral bikeway connectors). IntaLytotation IntexkueLive programs will emanate from the existing Richardson Interpretive .-. Area in Hyland Park Reserve and the proposed Blacklock (Inte.44044ve Area) Nature Center in Anderson Lakes Park. These programs will be oCerdiaated to prevent duplication and to assure program quality. Trailside ye facilities will be provided. • Grade Separated Trail Crossings For maximum trail continuity and safety, grade separated trail crossings must be incorporated with the planning process for the upgrading of Co nuty . Road 18 and East Bush Lake Road. Safe, on-grade crossings must be provided at all other conflict points. • • . PM/ • - • . Page 6 Implementation Agencies/Jurisdiction To achieve maximum coordination and continuity of acquisition, development , and operations, the following consolidated management jurisdictions are proposed. Bush Lake Park Responsibility for acquisition, development and operations will remain with the City of Bloomington. Hyland Lake Park Reserve Responsible for acquisition, devlopment and operations will remain with ' the Hennepin County Park Reserve District. • - Corridor Park and Tierney's Woods Park Responsibility for the remaining acquisitions, ownership, development and operations will be assumed by the Hennepin County Park—Reserve• __.... --• District. A joint powers agreement between the City of Bloomington and the Hennepin County Park Reserve District with regard to the transfer of those interests and responsibilities for Corridor Park and Tierney's Woods Park will be concluded by July 1, 1979. Anderson Lakes Park Ropponsibility for the remaining acquisitions, ownorsip, development and operations will (be assumed by the Hennepin County Park Reserve District.) remain with the City of Eden Prairie. _ : Page 7 CA joint powers agreement between the City of Eden Prairie and the Hennepin County Park Reserve District with regard to the transfer of these interests and repsonsibilities for Anderson Lakes Park will be concluded by July 1$ 1979.) Appendix attached • • • • • € 3 • ' . . - • ..-... . ‘' ' . ;I's' . . . s, , ''. '. :,..•.„...„.•-.,.—„..:•..:,,,..,:r..,,...:..,.,,,'.:....,',' • • • • • • • • • ;'. _ . . . . , . ' ..,..':.:"..-::17.::,''..:::',.....'--.:....: APPENDIX • APPENDIX DISCUSSION OF ISSUES RELATED TO JOINT PLANNING AND COORDINATION WITH BLOOMINGTON, EDEN PRARIE AND HENNEPIN COUNTY PARK RESERVE DISTRICT 1. Land Acquisition Status TOTALS a. Total land acreage of all components is estimated to be approximately 1816 acres of which approximately 1610 acres have been acquired, leaving approximately 206 acres _ . to be acquired. The breakdown is as follows: (subject to verification). To Be Component - Acquired Acquired. Totals Hyland Lake Park Reserve 969 7 . 976 • Bush Lake Park 200 15 215 Corridor &Tierney's Woods 265 52 317 Anderson Lakes Park 176 172 308 Totals 1610 206 1816 acres HYLAND & BUSH b. The boundary between Hyland and Bush Lake is revised in the area from 96th Street south to the cemetery. This is brought about by agreement on the future relocation of a segment of East Bush Lake Road (Co. 28) which will improve the horizontal alignment for better flow of traffic. The relocation will utilize the existing Oregon Avenue right- of-way and eliminate the sharp curve adjacent to the cemetery. As a result all lands east of the rood will be included in the Hyland Lake Park Reserve and the land west of the road, south to W. 98th Street, will be part • APPENDIX, Page 2 of Bush Lake Park. ti CORRIDOR . c. A parcel of about one acre at the southeast end of the Corridor is retained as life estate to Mr. Wallo, and the record shows Mr. Wallo to be the.taxpayer and owner. The land acquired from Mr. Wallo is platted as Runefjell where the owner "...hereby donates and dedicates to the __ public for public use forever the roads, drainage and _ . utility easements as shown on the plat.", dated November 1, 1975. A quit claim deed from Mr. Wallo to the City granting a 60 foot permanent road easement is also of record which describes Forest Glen Road as shown on the plat. There is a•flowage easement owned by the City, and the Runefjell plat carries a covenant which "prohibits building a structure that is capable of human habitation." Forest Glen Road from East Bush Lake Road to West Bush Lake Road has been a platted street for a number of years and is also indicated on the City's Map and Western Area Plan. Tierney's Woods d. The record makes no mention of any restrictive covenants on the use of the Tierney's Woods property. East Anderson e. Amsden Road along the south shore of East Anderson Lake Lake (Gloomineton) in Bloomington is to be vacated in the future. The vacated street will then revert to public ownership which will APPENDIX, Page 3 increase the width of the shoreline for parks and open space purposes. Anderson Lakes f. Time did not permit an exhaustive check on the status (Eden Prairie) here but a cursory check indicates that certain parcels are in condemnation in the "Rhinohead" peninsula and in the southeast quadrant bounded by County Road 18 and Amsden Road. Status of condemnations is not known at the time of this writing. Preliminary investigation does not indicate any restrictive covenants on the—parcels that have been acquired. West Shore g. Preliminary information shows that about 4500 lineal feet and North Shore Anderson Lakes of the shoreline has been acquired by dedication on the (Eden Prairie) west and north shores. The primary purpose is shoreline protection, and varies in width. Portions of the acquired strip are indicated as outlots. In the one case on the • west shore, it measures 100 feet+ wide and includes a utility easement granted to Northwestern Bell Telephone Co., and states in the easement that the City may build a road- way, parking lot or walkway with asphalt or crushed rock. There is an apparent covenant relating to the ordinary high water line, presumably regarding shoreline protection. The remainder of the shoreline protection corridor apparently is to be acquired by dedication from the developers of the adjacent lands. Time did not permit further investigation or confirmation. The boundary line indicated on Exhibit A is estimated on the basis of present data. itt t/ APPENDIX, Page 4 • Outlots h. Several acquired parcels at Bush Lake, Corridor, Tierney's Woods and Anderson takes are listed as outlets. Preliminary • indications are that the conditions of use or status of these outlets will vary from parcel to parcel, and it is important that this be determined prior to July 1, 1979. Further Research I. The foregoing discussion relative .Wlanit status is based on a cursory review of the public record. A comprehensive research of the record will require considerably more time to confirm any limiting conditions that may exist on the respective parcels. 2. Trail Circulation System Functional Classification a. The regional portion of the system will serve as 'arterials", with the other local-municipal sub systems and connectors • serving as "locals" and "collectors". Ski Touring - b. Ski touring can be accommodated on much of the system. Ski touring will not occur directly on the paved bike/ hike surface but will occur adjacent to it within the trail corridor. Foot Trails c. Exhibit A does not attempt to show the detailed foot trail network which will occur in many areas, i.e. interpretive areas. Foot trails will be included in the site design process. 11:&11 • APPENDIX, Page 5 Service Vehicles d. The bike/hike trail system must accommodate light utility vehicles and emergency vehicles - particlarly in the Tierney's Woods and Anderson Lakes areas where vehicular access will be limited. This will require a minimum trail tread width of 10 feet plus shoulders. Design standards for the entire system are subject to the specific site design development process. Handicapped e. Wherever practical and'feasible to do so the trail system will meet barrier-free design criteria to accommodate the _. . handicapped. • Support Facilities f. Trailside interpretive and support facilities will include such elements as benches, weather shelters, drinking water, comfort stations, information stations (kiosks), observation decks, overlooks, observation blinds, and bike racks to name but a few examples. The location, quantity and design of these elements will be determined in the specific site design development process. Parking-Buses g. Vehicular access and parking lots must accommodate MTC buses• Hyland Extension North h. The bikeway extending from the existing Hyland trail north to Forest Glen Road and 84th Street will be incorporated with the design for the upgrading of East Bush Lake Road. APPENDIX, Page 6 East from 1. Bike/hike trail connections to the Bloomington bikeway • Ry and system will be provided along the east boundary of Hyland • at 94th Street and in the area of 100th Street subject to specific site and land use conditions. The existing connection at 94th Street will remain, however, the condition of the wooden bridge over the MN&S RR tracks needs to be studied to determine future improvements. • • South from j. Similarly, a connection will occur to the south along Pyland County Road 28 which will provide a connection south to Bred Scott Playfield. Forest Glen k. Future trail access and parking will be on Forest Glen Road near test Bush Lake Road. The bikeway will run parallel along the north side of the road and will not intrude northward into the interpretive area of the Corridor. Existing parking at Ryland Rills Ski Area . and Bush Lake Ski Jump will be utilized until additional facilities are needed. I-494 Xing 1. Bikeway will cross over 1-494 at West Bush Lake Road for connection to Edina's bikeways. Bridge needs study to determine if modifications are required for safe bike travel. • ILO APPENDIX, Page 7 Tierney's Woods m. Bike/hike trail will be on the periphery and will not 1, Cat 82nd) penetrate the woods. Parking will occur adjacent to • 82nd Street. Trail will,connect to Anderson Lakes Park via underpasses for continuity west and east with the bikeways of both cities. Anderson Lakes n. Bike/hike trail will be on the periphery and will not penetrate the interpretive areas. Connections and extensions will be made with Eden Prairie's bikys. Specific route alinements will be determined in the -- - project design process. Bike trails will npt•ext"nd into the west shoreline protection zone. Connection to East Anderson Lake will occur via underpass at the channel. Co. Rd. 28 3. Road/Streets a. East Bush Lake Road (Co. 28) will be upgraded to become an arterial with bikeways incorporated with the street design. Grade separated trail crossings will occur at Bush Lake Beach and at Forest Glen Road. Until the - street is upgraded the trail crossings will require well marked, safe, on-grade crossings. Marth Road b. Interchange locations between County Road 18 and Highway 100 as indicated on Bloomington's Western Area Plan are subject to further study. APPENDIX, Page 8 W. Bush Lake Road c. Exhibit A indicates West Bush Lake Road (parkway) and 98th Street connecting directly to East Bush Lake Road (parkway).( Route and intersection design are subject to further }4dy. 11 County 18 d. County Road 28 will be upgraded. Planning for the road must be done with the objective of minimal negative impact • on the Anderson Lakes and Tierney's Woods sites. Grade separated trail crossings must be incorporated with the planning of the road. Richardson Center 4. Interpretive Program/System a. The existing Priscilla Morse Richardson Nature Center at Hyland Lake Park Reserve provides opportunity for interpretation of a diversity of resource features ranging from small ponds, marshes and regrowth forest • to an extensive stand of native prairie. The center has a full time staff of interpreters, office and meeting rooms. Program emphasis is on person-to-person contact between interpreter and visitor. Anderson Lakes b. (Resources for interpretation at the Anderson Lakes Park are excellent examples of large lake-marsh biotic cemm1nities. These resources complement the features of the interpretive area at Hyland.) "The Anderson Lakes area is one of the finest natural areas in the State, and its full potential should be realized." "For the first few years, the Gorra I, residence should make an acceptable interpretive center." "It is large enough for a temporaryssmall museum, very small auditorium, office, information center and laboratory." The amount of use expereienced after several years of operation should define the types of £acilit#es ultimately developed on this site. (Quotes from Blacklock's "Best of 1'wo Worlds" a¢ • APPENDIX, Page 9 Bush Lake c. The westerly shoreline of Bush Lake also offers opportunity for interpretation of large lake-marsh biotic connunities not found at the Richardson interpretive area. There are extensive patches of lily beds and rush growth that are available to only a limited extent at the Richardson interpre- • tive area. Tierney's Woods d. Tierney's Woods offers a well-developed hardwood forest of approximately 135 acres. Several impressive specimen _ - trees can be found there, and the presence of a wide variety of forest fauna adds to the interpretive potential. Coordination e. Continued coordination of the interpretive programs will • prevent unnecessary duplication of facilities and staff and assure uniformity of program quality and content. 5, Other Parks & Open Space Areas The implementing agencies recognize that there are other parks and open space areas that relate to the components of this joint master plan as were indicated in previous studies. They are: a. Nine Mile Creek: A substantial portion of the creek valley from the Corridor downstream to the Minnesota River has been acquired by the City of Bloomington. Some of the principal park units along the creek are Mt. Normandale Lake, Nord Myr, East and West Marsh Lake and Central Park. • b. Purgatory Creek: Eden Prairie will acquire a corridor connection from Purgatory Creek to Anderson Lakes Park. The City is studying the creek valley as potential linear auks. /00 APPENDIX, Page i0 1 and open space for conservation, protection and trail use. c. Minnesota River: Significant portions of the six mile stretch of the river valley from Purgatory Creek downstream to Nine Mile Creek are now protectei.for public parks and open space purposes. Federal, state and local plans indicate that the remainder of this stretch will come under public :ownership and control in the near future. d. Viewing the above stream valleys in total, they ferm a potential circuit of about 30 miles of interconnected parks and open space. • e. Other Municipal Parks 8 Open Space: The two cities have either acquired or are plomning to acquire and develop • several parks units or open space systems that are in close proximity to this Joint plan area. Some of the notable examples are Mt. Normandale Lake (referred to above.) Ridgeview Playground, Hyland Greens Golf Course; 'Warren Conservation Area, Reynolds Playground, Bred Scott play, field, (and) Beaver Brook Field (.), and Starim Lekc Park. APPENDIX, Page 11 6. Basis of the Plan This joint master plan is based on the correlation of the approved master plans for the respective sites, joint studies that have been prepared in recent years, current data from the implementing—, .. agencies, and other supporting studies. The following is a chronological summary of the principal joint planning documents that have been prepared. a. Proposed Anderson Lakes -Tierney's Woods County Recreation.Park, 1969: This was a focus on only the Anderson Lakes and Tierney's Woods area for the purpose of selecting a boundary _ for acquisition of a County Recreation Park (Regional Park) of approximately 500 acres. The study was prepared by HCPRO in coordination with both Cities and Metro as a result of the fact that the opportunity to achieve a park reserve of some 150 acres had been lost, and in response to recommendations from Metro. The study included site analysis, boundary selection and development/use concept. Proposal by HCPRO to establish a park reserve occurred in 1965. b. Proposed Sub-Regional Parks & Open Space System for Hyland take-Anderson Lakes - Tierney's Woods, 1T71: This included a sub-regional resource inventory, a use concept plan for the sub-region, and a use concept plan for they Hyland - Anderson - Tierney's area. The sub-region study area encompassed an area bounded by the Minnesota River, Mine /4 E . • •- .117 APPENDIX. Page 12 • Mile Creek, 1-494 and Porgatory Creek. The resources inventory and study included the lakes, river, creeks, soils,forest cover, watersheds and slopes. It was •-•.!'"-' prepared by KCPRD in coordination With the two Cities, the *" ' Preserve, Watershed Districts, and Metropolitan Council. • C. Proposed Agreement Between he CWter Oloottritttenii 'City • of Eden Prairie and the Hennepin.PAintlf Part Anervw_District _ and Joint Master Plan for HylandiEnishiAndersoniCorri-der,comp1et4. • March 1976: This proposed agreement stated that the o1nt master plan would be used by the three implementing agendas as a. general guideline for the acquisition, development and operation • of the respective sites. 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It- :-.11-A. tr "•••••,...„,..5'C.,i,.;,.. ...,..,,-e'r.7-.„.k.-Ci',);•1.?....L.41/ii-LI L ___!, i ....i ..,...:,,,. ..,,,,,.;•;-v.i.,.:;;,>‘..,,,?,' ult.,,ii,--- ri. ;--) "7-- 0 ). — :i ' , ' .:,-;.;(1:.,'"•-•' ", ,IP/, ---;• Z(4 ,..:, ,,:....77,-vr:-;,,,,,,) . li.....:;.....:3,1 — .....„, , ,.. -Tho. 1i ,, • 4 i,,t ,-"/ '`,.."; --- . ---' PI C) ______ . ,-- _ . . : 7 i / ... ,, . f c:\ . :,.:-.:.,.. f.Al • • /./...:::::t?.. -- Tic'..t:ii :\''';') :1''>''' . ••• •-4,-1—'7-- _e_.1,.-,it_l__ I N......,.............,.....A/y._..i cis:V.. . . , .. • 1 '1, EL ,& , .. , ...1=-'7•-•' prig ,..,....., , , , . „..,,..„. .• .,,,;„., .,,...,.. . . 1 li'S GI tfiZti;• : '•• :',•*.-L-T-i44- .1_ t\ 4 — . -,. • ... .. ‘-i' . I••-• /-5‘._:. .--.\---: • ''':• :1 '',',-,, . s.. • • "'i-21 AS 1 • \ 0 , k ...kt,.. i . ,...., •.1 i ._. .., :.-•,—..-;„. "?e....1V--- •••4,;.i h' C.) ''''..... ' gf;`,Le.i.-...... ....... i i z 1 ; ---, ,.-t 1 ti tt,I•1/4,0 t'tp, ' i '• ,,t , •••',:vi.. . • is. • . i . I, , . ••-__ . ........_._ . . • -.:.. Ll .) , . .- —- . ' , ,.-•'•'.;;;•:-•:".'.7. ,.._ . . „. ._. .,_„.., ......_ . .. ..., _. _ • • • • • • • MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: May 31, 1979 SUBJECT: Bond Referendum Committee Report At the May 17, 1979 Bond Referendum Committee meeting, the committee decided that they were trying to get too much done in too little time with. too little thought. The committee felt that they should take the time to do a geed job of informing the citizens of the park and open space needs within the community prior to any proposed park bond referendum. The committee also felt that to du the job properly it would take a great deal of effort from many people and that we should seek council support and direction right at the beginning. The committee requested the Parks, Recreation and Natural Resources Commission to attend the June 5, 1979 Council meeting and ask for the support and to request the Council to appoint one member of the Council to the committee to insure good rnmmnnication back to the Council on efforts of the committee. Further, the committee felt that it was important to have a School Board member and possibly a member of the building committee on this referendum committee so that if the committee decides any facilities such as a swimming pool, ice arena, etc. should be a part of a referendum and attached to the High School or located on school property the School Board would be kept informed on the committee action. If the City Council would support the efforts of this committee, the committee would then meet and elect a chairperson who would then appoint subrnmmittee chair- people. Subconunittoes would include a committee to study finances and cost estimates, a committee to determine priorities and needs within various parks in the City, a committee to develop an educational program for the community to inform citizens of the needs and to receive feedback en that information. At the end of a designated 90 or 120 day period, the committee would have a recommendation to the City Council on the need for a park rcfercndan,listing amounts and priorities es determined by the committees. It was noted that it should be spelled out at this time that the committee recognizes that it is strictly and ad hoc advisory group and that the information it would propose would be strictly a recommendation to the City Council. At the June Sth meeting a member or members of the Parks, Recreation and Natural Resources Commission will be in attendance to make this request. BL:md • • • 14:p MEV TO: Mayor Penrel and Members of the City Council THROUGH: Roger Ulstad, City Manager PROM: Carl 3ullie, City Engineer DATE: May 29, 1979 SUBJECT: Bids for Water Meters Sealed bids were received at 10:00 A.M. on Friday, May 25, 14$'$4'far water meters and copper horns. Tbtee bids were received as follows; 1,500 BID 1,500 CAR. BIDDER SECURITY 5/8" METERS BORNS TOTAL 1tD Davies Water Equip. Co. 5% Bond $39.47 $10.90 575,555,00 (Neptune Meters) Water Products Co. 5% Bond $38.77 $12.50 $76,40g.00 (Rockwell Meters Diversified Piping, Inc. 5% Bond $34.84 $15.00 882,26O.Do (Badger Meters) The bidding notice stated that the low bidder would be determined on t1u bud-a: of the total bid amount. Recommend award of contract to Davies Stater Equipment Co. in the amount of $75,555.00. We have reviewed the attached letter of 5/30/79 from Water Products Co. The points they make arc valid, however it is difficult to place A do)lnr V:ala+e can these items for comparative purposes. Also, if the award were made to Water Products Co. the element of competition in future bids may be somewhat re- stricted. Both the Rockwell and Neptune meter guarantees mot the specs we required. • • • / 0 UCTs c ��Q� 15801 WEST 78TH ST. EDEN PRAIRIE,MINNESOTA 55344 PHONE: (6121 941.6366 • • May 30, 1979 The Honorable City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Ladies and Gentlemen: You are going to make a judgement on the acceptance of bids for furnishing water meters to the City for the balance of 1979 and the first half of 1980. We at Water Products Company would like to make several points by way of • additional information relative to our proposal: 1. All of the water meters installed in the City of Eden Prairie since the inception of your metering program in 1972 have been Rockwell meters furnish- ed by Water Products Company. I think that you will find when checking with your water department personnel that their reliability has been outstanding, and that Water Products service has been good. 2. Since Water Products Company is located in Eden Prairie, parts availabil- ity and delivery is readily at hand, and since all of your meters are of one brand and style, a single minimal inventory of repair parts is all that is necessary for the city to stock. 3. Your water department personnel are familiar with the repair and mainten- ance of the Rockwell meter. No additional instruction would be needed if the Rockwell meter remained as the city standard. 4. The Rockwell meter offers longer warranties than any other meter manufact- urer. As an example, the main case of the meter is warranted for 25 years. No other manufacturer comes close to offering similar warranties. 5. Rockwell International does more quality control testing in their manufact- uring procedures than do other manufacturers. For instance, they test each of the registers that are mounted on the outside of the house in a climate controlled testing chamber for ix hours of inspection. They must.be able to sustain their reliability at 40`' below zero and 140° above zero before leaving the factory. No other company performs any temperature test. 6. Rockwell International offers a guaranteed meter maintenance agreement for • rehabilitating and reconditioning their water meters. As an example, a Rockwell • continued Rockwell ORD Wateos i international • / May 30, 1979 City of Eden Prairie Page Two " meter that has been in service for 20 years can be returned to Water Products Company and for $7.50 will be repaired and reconditioned to new meter test standards for the City of Eden Prairie. We are enclosing a brochure detail- ing this program. No other manufacturer offers this type of continuing main- tenance for their meter. We feel that the long range savings in standardizing on our product far out- weigh the small differential in price.that currently exists, and that it would be in the best interests of the.City of Eden Prairie to continue in their metering program with the-Rockwell meter. Respectfully su. a .d, GLEN A. REED, Vice President Water Products Company GAR/bh enc. June 5, 1979 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-112 • RESOLUTION ACCEPTING BID I.C. 51-342 & 334 •WHEREAS, pursuant to an advertisement for bids for the follow- ing improvements: I.C. 51-342 & 334 Bids were received, opened and tabulated according to law. Those bids received are shown on the attached summary of bids; and WHEREAS, the City Engineer recommends award of contract to - Northern Contracting Co. as the lowest responsible bidder. • NOW, THEREFORE, BE IT RESCUED by the Eden Prairie City Council as follows: • The Mayor and City Manager are hereby authorized and directed to enter into a contract with Northern Contracting Co. in the name of the City of Eden Prairie in the amount of $257,052.12 in accordance With the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on Wolfgang R. Poi+.7'l, Mayor ATTEST: SEAL • John D. Frans, City Clerk /i MEMO \!, TO: Mayor Fenzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: May 29, 1979 SUBJECT: Bids for Mitchell Lake Estates Improvements, Y.C. 51-342 and Singletree Lane, I.C. 51-334 Sealed bids were received at 10:00 A.M. on Tuesday, May 22, 1979, for the above referenced improvements. Mitchell Lake Estates is a residential development south of T.H. 5 and west of Co. Rd. 4. Singletree Lane is an east/west road past the AMOCO site from T.H. 169 to Eden Road. Five bids were received as follows: BID TOTAL BID BIDDER SECURITY AMOUNT Northern Contracting Co. 5% $257,052.12* Brown & Cris, Inc. 5% 264.386.28 G.L. Contracting 5% 281,637.95 Nodland Associates 5% 292,131.45 C.S. McCrossan, Inc. 5% 338,178.60* Engineers Estimate 233,714.78 * Mathematical errors corrected The low bid is approximately 10% above our estimate. Apparently there is a substantial volume of work for contractors in the metro area and bid prices are accordingly higher. We have informed the project owners of the bid results and they have no objection to proceed. Recommend award of !, contract to Northern Contracting Co. in the amount of $257,052.12. J..hl • • • • • RIf_r:E_ CARROLL MUl.I..i_R ASSOC:I/Al—S INC I 1 June 1, 1979 • Carl Jullie, P.E. City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343, RE: BIDS ON IMPROVEMENT CONTRACTS 51-315 AND'51-351 ROUND LAKE AREA UTILITIES RCM FILE 791004-791006 Dear Mr. Jullie, Bids on the above project were taken on Thursday, May 31, 1979 at 10:00 A.M. The low bid for the project was submitted by Northern Contracting, Inc. in the amount of $710,765.60. A summary of the six bids is tabulated below: • Northern Contracting, Inc. $710,765.60 Nodland Associates, Inc. 736,536.00 Widmer Brothers, Inc. 738,377.75 G. L. Contracting, Inc. 757,386.60 Progressive Contractors, Inc. 775,406.25 • Richard Knutson, Inc. 782,445.75 The low bid is approximately 3% higher than the latest engineering estimate of $687,000. A portion of the project is trunk sewer and water which is not fully assessable. The lateral assessment will account for approximately $472,000 of the total construction cost and the remaining $239,000 will be from City trunk funds. The total lateral assessment including engineering, inspection, administrative and interim financing, is estimated at $590,000. The low bidder is a reputable contractor and has successfully completed several projects for Eden Prairie. We recommend award of the contract to Northern Contracting, Inc. Very truly yours, ir • David 0. Husby, P.E. • RIEKE CARROLL MULLER ASSOCIATES, INC. DOH:cp cc: S. Arlo Eliason CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.79-113 1- RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 51-315 I.C. 51-351 bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids, and WHEREAS, the City Engineer recommends award of contract to NORTHERN CONTRACTING, INC. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Northern Contractimz, Ins. in the name of the City of Eden Prairie in the amount of $710.765.60 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on June 5, 1979 ATTEST: ldo1Ugeng Tf. Frenzel, Mayor . SEAL: JoT�n D. Frane, Clerk • SUMMARY OF BIDS I.C. BI- 315 I.C. 51- 351 DESCRIPTION: Round Lake Area Utilities BIDS OPENED: May 31, 1979 10:00 A.M. CONSULTING ENGINEER: Rieke Carroll Muller Associates, Inc. CHECKED BY: BIDDER BID SECURITY TOTAL AMOUNT Northern Contracting, Inc. 5% $710,765.60 * Nodland Associates, Inc. 5% 736,536.00 Widmer Brothers, Inc. 5% 738,377.75 G. L. Contracting, Inc. 5% 757,386.60 * Progressive Contractors, Inc. 5% 775,406.25 * Richard Knutson, Inc. 5% 782,445.75 * Mathematical error corrected • The undersigned recommend award of Contract to Northdrn Contracting, Inc. as the lowest responsible bidder fot this Improvement Contract. Consultin Engi eer Carl J. Jullie, P.E. Director of Public works/City Engineer los all,. RIEKE CARROLL MULLER ASSOCIATES iNC June 1, 1979 • Carl Jullie, P.E. City of Eden Prairie • 8950 Eden Prairie Road Eden Prairie, MN 55343 RE: BIDS ON IMPROVEMENT CONTRACT 51-344A SHADY OAK INDUSTRIAL PARK • RCM FILE 791005 Dear Mr. Jullie, Bids on the above project were taken on Thursday, May 31, 1979 at 10:30 A.M. The low bid for the project was submitted by M. G. Astleford Co., Inc. in the amount of $857,950.75. • A summary of the three bids is tabulated below: • M. G. Astleford Co., Inc. $ 857,950.75 • C. S. McCrossan, Inc. 1,025,676.80 Northern Contracting, Inc. 1,042,192.30 The low bid is 10% higher than the engineer's estimate and 20% lower than the next low bid. The difference is in the swamp excavation and subsequent backfilling. There is a question as to the need for, and availability of, borrow material to replace swamp excavation on this project. If it becomes apparent that cleaner backfill material is necessary, the contractor may have • to haul in such material at extra cost. The extent of this extra • cost can not be accurately determined until we see the actual mucking and backfilling operations, but it should not exceed 5% of the total project cost. This is the first phase of a two phase project. The total con- struction cost, including both phases, is estimated at approxi- mately $1,200,000 with the assessable cost at approximately $1,500,000. We feel that the low bid represents a true picture of the project cost and recommend that the low bidder be awarded the contract. • Very truly'oursy r 7/ David 0. Husby, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. cc: Richard Anderson • SUMMARY OF BIDS I.C. Si- 344A DESCRIPTION: Shady Oak Industrial Park BIDS OPENED: May 31, 1979 10:30 A.M. CONSULTING ENGINEER: Rieke Carroll Muller Associates, Inc. CHECKED BY: BIDDER BID SECURITY TOTAL AMOUNT M. G. Astleford, Inc. 5% $ 857,950.75 C. S. McCrossan, Inc. 5% 1,025,676.80 Northern Contracting, Inc. 5% 1,042,192.10 * * Mathematical error corrected • The undersigned recommend award of Contract to M. G. Astleford, Inc. as the lowest responsible bidder fot this Improvement Contract. Consulting Engineer Carl J. Jollier P.E. Director of Public Works/City Engineer CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-114 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 51-344A bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and • WHEREAS, the City Engineer recommends award of contract to M. G. ASTLEFORD, INC. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with M. G. Astle'fmt,J c in the name of the City of Eden Prairie in the amount of 8R57.950.75 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on June 5, 1979 ATTEST: Wolfgang H. Fenzel, for SEAL: John D. Franc, Clerk 1i � 113 June 5, 1979 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 4171 VOID OUT CHECK (32.00) 4285 DIANNE HANSON Expense 31.14 4286 HOPKINS POSTMASTER Happenings 26.88 42B7 HOPKINS POSTMASTER Happenings 382.54 4288 OLD PEORIA CO.,INC. Liquor 393.41 42B9 TWIN CITY WINE CO. Wine 133.85 4290 EAGLE DISTRIBUTING Wine 669.24 4291 QUALITY WINE Wine 681.13 4292 JOHNSON BROTHERS Wine & Liquor 614.08 4293 GRIGGS COOPER & CO. Liquor 994.42 4294 ED PHILLIPS Liquor 1,535.39 4295 MIDWEST WINE CO. Wine 1,820.09 4296 THORPE DISTRIBUTING CO. Beer 2,390.00 4297 PEPSI COLA Pop-Liquor Store 134.25 4298 EAST SIDE BEVERAGE Beer 3,260.05 4299 LEDING DISTRIBUTING CO. Beer 1,769.55 4300 BEER WHOLESALERS, INC. Beer 1,686.75 4301 BUTCH'S BAR SUPPLY Supplies-Liquior Store 35.00 4302 CDCA-COLA BOTTLING CO. Pop-Liquor Store 1?7.75 4303 DAY DISTRIBUTING CO. Beer 996.85 4304 DAVIDSEN DISTRIBUTING CO.INC. Beer 52.43 4305 ROUILLARD BEVERAGE CO. Beer 462.08 4306 SANDY WERTS Riley Lake Change 25.00 4307 GOLD MEDAL BEVERAGE Pop-Liquor 132.88 4308 PUBLIC EMPLOYEES RET. ASSN. Payroll, May 11. 7,178.10 4309 FEDERAL RESERVE BANK May 11 Payroll 8,936.45 4310 UNITED FUND May 11 Payroll 31.34 4311 STATE TREASURER Chemical Permit 5.00 4312 PETTY CASH Expense 67.54 4313 HOPKINS POSTMASTER Utility Billing 98.50 4314 MIDWEST WINE CO. Wine 378.40 4315 OLD PEORIA CO.,INC. Liquor 987.17 4316 ED PHILLIPS & SONS CO. Liquor 1,307.90 4317 JOHNSON BROS. WHSE. LIQUOR CO.Liquor 405.3? 4318 TWIN CITY WINE CO. Wine 1,766.05 4319 KIWI KAI IMPORTS Beer 240.45 4320 JOHNSON WINE CO. Wine 311.45 4321 ELIZ. & EARL INGRAM Balance Due Park 59,467.21 4322 ACTION REDDY RENTS Sod Cutter 20.00 4323 AKINS FIRE EQUIP. CO. Couplings 131.06 4324 ORRIN ALT Mileage P.S. School 51.00 4325 AMER. NATL. BANK & TRUST CO. Interest 94,028.24 4326 ANN ARBOR SCIENCE Supplies-Water 15.70 4327 BAN CON, INC. Permit Overcharge 1,041.50 4328 PHILIP Y. BARRETT Refund of Fee 20.00 4329 BLOOMINGTON LOCKSMITH CO. Lock Repair 24.00 4330 BOB BREITENSTEIN Class Refund • 8•OR 4331 BROWN PHOTO Supplies and Processing 73.13 4332 CAROLYN CASSOLA Guitar Instructor 568.00 4333 CHASE-BRACKETT CO. Appraisal, Miller Property 50.00 • • June 5, 1979 4334 CIRCULATION DEPT. Subscription, Water & Sewer 24.00 4335 CON-CAM SERVICES Book-Comm. Soc. 6.95 4336 COPY EQUIPMENT, INC. Supplies Engineering & Parks , 67.14 4337 CROWN RUBBER STAMP CO. Name Plates :,11.96 4338 CURTIN MATHESON SCIENTIFIC,INCSupplies-Water Plant 67.38 4339 CUTLER-MAGNER CO. Lime 144.40 4340 EDEN PRAIRIE SANITATION City Hall 45.00 4341 EDEN PRAIRIE SCHOOL DIST. Gasoline 2,472.35 4342 CITY OF EDINA Water Tests 88.50 4343 ELECTRIC SERVICE CO. Siren Mounts 396.00 4344 F.Y.S. FRAMING, INC. Public Safety 60.59 4345 FEED-RITE CONTROLS. INC. Ferric Sulfate 1,093.00 4346 FINANCE DIV. HENN. .CTY. Tax Run 134.06 4347 FIRE INSTRUCTORS ASSN. Training Supplies 70.00 4348 FLYING CLOUO OIL CO. Heating Oil 59.90 4349 VOID OUT CHECK 4350 FRONTIER LUMBER & HARDWARE Park Maintence 23.40 4351 SHARON GAGNON Supplies 10.00 4352 GENERAL BINDING CORP. Office Supplies 78.00 4353 GEN. COMMUNICATIONS, INC. Batteries 52.35 4354 GENERAL SPORTS Recreation Supplies 23.90 4355 GLIDDEN PAINT Parks 91.00 4356 KARIN GORI Calligraphy Instructor 96.00 4357 GROSS COMMON CARRIER, INC. Service 49.79 4358 GROSS INDUSTRIAL SERVICES Liquor Store 8.39 4359 GUNNAR ELECTRIC CO.,INC. Repair Parts 22.35 4360 JACK HACKING Expenses 23.25 4361 DIANNE HANSON Mileage 15.84 4362 ERIC L. HAGEN Packet Delivery 140.00 4363 HANUS BODY CO. Insurance Claim 3,453.41 4364 HARMON GLASS Windshield 41.32 4365 FINANCE DIV. HENN. CTY. Taxes-Grill 359.99 4366 HENN. CTY. CENTRAL SERVICES Half Section 42.00 4367 HENN. CTY. FINANCE DIV. Workhouse 176.00 4368 HENN. CTY. PUBLIC WORKS Steel Bar Stock 6.38 4369 HENN. CTY. PUBLIC WORKS Welding Gas 100.12 1 437D HENN. TECHNICAL CENTERS Fire School 30.00 4371 HOPKINS MTKA. RECREA. DEPT. Bus Service 64.00 4372 HOPKINS PARTS CO. Equip. Maintence 986.45 4373 W. K. HORNIG Mileage 25.20 4374 HUDSON MAP CO. Street Locators 14.90 4375 IMPERIAL, INC. Parts-Water Plant 141.54 4376 INTERN'L UNION Dues • 187.00 4377 ITASCA EQUIPMENT CO. Auger 431.30 4378 MS. GEORGIA JESSEN Services 82.25 4379 ELIZ. G. JOHNSON Services 214.50 438D JEAN JOHNSON Supplies 15.45 4381 DRIVER & VEHICLE SERVICES Title Application 5.75 4382 PAUL D. JOHNSON Services, Public Safety 95.00 4383 ROGER C. JOHNSON Services, Planning 41.80 .. 4384 JUDSON FAMILY CENTER, INC. Services, Public Safety 50.00 4385 K C AUTO BOOM Repairs, Public Safety 158.00 • 4386 KOKESH Recreation Supplies 294.65 4387 LANG, PAULY, & GREGERSON,LTD. Services 5,026.71 4388 RICHARD LEDIN Yoga Instructor 74.25 4389 PAM LESTER Exercise Instructor 76.00 4390 LOGIS Service 1,149.87 4391 LONG LAKE FORD Part 3.11 June 5, 1979 4392 TREASURER, MCFOA Club Assoc. Dues 10.00 4393 M.R.P.A. Workshop 30.00 4394 MEDICAL OXYGEN & EQUIP. Fire Dept. 45.55 4395 MERIT PRINTING Bldg. Dept. Permits 131.25 4396 METRO PRINTING, INC. Recreation Brochures 910.00 4397 METR. FIRE EQUIP. CO. Charge Extinguishers 25.50 4398 MIDWEST ASPHLT CORP. Blacktop 1,603.95 4399 MPLS. STAR & TRIB. Ads 184.74 4400 MINNEGASCO Service 1,102.39 4401 MINNESOTA DAILY Ads 13.50 4402 MINN. RECREATION & PARK ASSN. Softball entry fees 504.00 4403 MINN. RECREATION & PARK ASSN. Workshop 35.00 4404 MINN. VALLEY ELECTRIC CD-OP Service 3.75 4405 MODERN TIRE CO. Tires and Repair 132.08 4406 KATHLEEN MORRISON Dance Instructor 192.00 4407 MTI TELEPROGRAMS, INC. Training Films 195.00 4408 MURPHY PLUMBING & HEATING Repair Supplies 12.65 4409 NATIONAL FIRE PROTECT. ASSN. Membership 68.41 4410 GREGG NELSON TRAVEL, INC. Public Safety 176.00 4411 NEW GAMES FOUNDATION Supplies 5.65 4412 NAT'L RECREATION & PARK ASSN. Dues 50.00 4413 NORTHERN STATES POWER Services 6.09 4414 NORTHERN STATES POWER Services 7,625.80 4415 NORTHWESTERN BELL Services 2,279.77 4416 NW. NAT'L BANK OF MPLS. Bond Payment 298,327.50 4417 NW. NAT'L BANK OF MPLS. Services 353.84 4418 RAY O'HERRON CO.,INC. Supplies, Public Safety 90.41 4419 PEPSI-COLA BOTTLING CO. Pop City Hall 235.50 4420 PERBIX,HARVEY,SIMONS &THOR. Service,Krahl 2,963.00 4421 PETERSON-PAUL SALES, INC. Supplies, Public Safety 36.63 4422 PRAIRIE OFFSET PRINTING,INC. Forms, Public Safety 162.55 4423 POWER BRAKE EQUIPMENT CO. Equipment Parks 8.42 4424 PRAIRIE LAWN & GARDEN Lawn Mower & Repairs 337.50 4425 PUBLIC SAFETY PETTY CASH Expenses 4.00 4426 RAPID COPY, INC. Liquor I.D. Cards 7.30 4427 ST. REGIS PAPER CO. Snow Fence 317.90 4428 SHAKOPEE PARK & RECREATION Bus Services 27.00 4429 J.L. SHIELY CO. Ag. Lime 281.30 4430 DAN THOMPSON Tennis Instructor 921.50 4431 THOMPSON ELECTRIC Senior Citizen Bldg. 215.43 4432 TRI-S TOWING Tow City Truck 40.00 4433 TRI-STATE TREE SERVICE, INC. Tree Hauling 672.00 4434 TRW CUSTOMER SER. DIV. Service 91.00 4435 ROGER ULSTAD Expenses 100.00 4436 UNIFORMS UNLIMITED Police & Fire 344.02 4437 VAN WATERS & ROGERS Chlorine 188.50 4438 VAUGHN'S Flags 121.21 4439 WALDOR PUMP & EQUIP. Lift Station Repairs 1,363.43 4440 WARREN, GORHAM & LAMONT, INC. Suppliei, Water Plant 18.75 4441 RIVER WARREN AGGREGATES, INC. Rock, Park Maintence 997.73 4442 WATER PRODUCTS CO. Water Meters 1,167.38 4443 THE ZECO CO. Repair Parts 190.63 4444 XEROX CORP. Service • 1,331.94 4445 ZIEGLER, INC. Repair Parts 238.46 4446 MINN. DISTILLER, INC. Liquor 1,228.86 4447 MIDWEST WINE CO. Wine 188.10 4448 DELERUD DISTRIBUTING Supplies-Liquor 70.00 4449 QUALITY WINE, CO. Wine 76.22 I):: P 1 • June 5, 1979 4450 GRIGGS, COOPER & CO. Liquor 1,112.88 4451 INTERCONTINENTAL PKG. Wine 621.02 4452 EAGLE DISTRIBUTING Wine 435.15 4453 JOHNSON 8ROS. Liquor 1,039.60 4454 JOHN FRANE Expenses 116.80 4455 ED PHILIPS Liquor 1,076.02 4456 MINNESOTA STATE TREASURER D N R Permit-Mitchell Estates 15.00 4457 VOID OUT CHECK 4458 ADAMS SUPPLY COMPANY Pipe 300.40 4459 AMERICAN NATIONAL BANK Services 50.00 4460 AMERICANA BEST WESTERN MOTEL School - P.S. • 49.92 4461 EARL F. ANDERSEN & ASSOC. Sign Posts 504.00 4462 BLUMENFELD SPORT NET CO. Soccer Nets 276.00 4463 CHANHASSEN AUTO PARTS, INC. Repair Parts 170.65 4464 CHASKA YAMAHA Trail Bikes 2,934.65 4465 COPY EQUIPMENT Plan Cabinets 817.29 4466 CROWN RUBBER STAMP CO. Stamps 13.75 4467 DORHOLT PRINTING, & STATIONERY Office Supplies 611.71 4468 CHRIS ENGER Expenses 101.24 4469 SHARON GAGNON Expenses 5.40 4470 GROUP HEALTH PLAN, INC. Insurance 813.90 4471 HAYDEN-MURPHY EQUIPMENT Drag Line Rental 2,144.00 4472 HARMON GLASS COMPANY Windshield 105.84 4473 HOWE INC. Fertilizer 139.87 4474 IAAO CONFERENCE Robert Martz 60.00 4475 IBM OFFICE PRODUCTS, INC. Typewriter Ribbons 236.28 4476 KARULF HARDWARE Supplies 78.80 4477 L.S. REMODELING Senior's Center 4,145.99 4478 ROBERT LAMBERT Expenses 103.25 4479 LEEF BROS. INC. Service 71.90 4480 FRED LEVOIR Refund Overpayment 91.05 4481 ROBERT N. MARTZ Expense 100.00 4482 MAYVIEW RADIO Repairs 81.•75 4483 PAUL MCHALE Services 69.00 4484 MEDICAL EXYGEN & EQUIPMENT Oxygen 46.74 4485 METRO PRINTING, INC. Happenings 373.00 4486 MEDWEST ASPHALT CORP. 81acktop 230.73 4487 PETERSON-PAUL SALES, INC. Repair parts 36.63 4488 RAUENHORST CORP. Refund Overpayment 1,200.00 4489 ST. REGIS PAPER COMPANY Drainage Pipe 219.23 4490 J. L. SHIELY COMPANY Ag Lime 168.44 4491 TWIN CITIES HARLEY-DAVIDSON Repairs 105.15 4492 WESTERN LIFE INSURANCE CO. Insurance 343.60 4493 XEROX CORPORATION Supplies 60.82 4494 PERA Payroll-5/25/79 7,331.96 4495 MINNESOTA DEPT OF REVENUE May Withholding 7.779.25 4496 FEDERAL RESERVE BANK Payroll-5/25/79 9,331.52 4497 UNITED WAY Payroll-5/25/79 31,34 4498 SUBURBAN NATIONAL BANK U.S. 8onds 300.00 4256 VOID OUT CHECK (12.00) 4499 WARD F. DAHLBERG Expenses 33.50 $588,505.83 • TO: Mayor and Council THRU: Roger Ulstad FROM: John Frane DATE: May 31, 1979 RE: Industrial Revenue Bond Guidelines/Procedures During the 1979 State Legislative Session the statute relating to Industrial Revenue Bonds was changed to require the City to hold a.public hearing before it can authorize the issuance of /At. ems. ' There is no requitement that the City hold a hearing for every person z. who desires the City to issue bonds in their behalf, an applicant could be denied in effect by your decision not to hold a public hearing. • In light of the above the Council might consider chdngintj the I L guidelines to require payment of the fee, which we have set .at $700, to $800 payable within one week after the council sets a public hearing. No fee would be payable if a public hearing was not set.. Because of the time delay resulting from the publication of the Notice of Hearing and the uncertainty of the date of the second rened:ng of a zoning ordidance, the Council might also consider changing its present policy of considering I.R. requests at the time of the second reading of the zoning ordinance to consideration (setting a public hearing) at the meeting next following the first reading. • • " • Ji]F t ' 1 r If,.. •lA • • TO: Mayor and Council THRD: Roger Ulstad FROM: John Frane a9 DATE: 4 y 1, 1979 • RE: MIDB Bonds - Donald Russ- s°`o�+ Pi " �'` ""' Mr. Russ is requesting the Council to-set a-Phia1-1 -e0aterrti 440404,4 7'RA the-issuanee-e-f $1,350,000 to partially finance a multi-trnuraut office �.. + building of 32,00O square feet at Flying Cloud Drive and Washington Avenue. The project cost is expected to be $2,130,000 and is expected'to•be occupied by six businesses. The property is zoned office which is-earreet for;the intended use. Mr. Russ financial state at indicates a substantial net worth and he has a background in real-estate management. A hearing-eoetd be called for July a. iw- ,# )9 ? c tno ran 41 + • 1.21 CITY OF EDEN PRAIRIE, MIN,NESOT1. Application for Industrial Development Bond Project Financing 1. APPLICANT: a. Business Name - Donald C. Russ, an individual 3205 North Harbor Lane Plymouth, MN 55391 b. Business Address - same c. Business Form (corporation, partnership, sole proprietor- ship, etc.) - an indIvi-dual d. State of Incorporation or organization - • N/A . e. Authorized Representative - Richard W. Anderson 9600 Valley View Road Eden Prairie, 14N 5.5344 f. Phone - 612/944-6803 - Richard W. Anderson 612/ Donald C. Russ 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPATS: a. none • b. • C. • 1_ r1 ,, 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Business of Applicant is real estate investments. Project to be leased to Tenants listed herein. • 4. DESCRIPTION OF PROJECT - A 32,000 sq. ft. multi-tenant office building a. Location and intended use: Flying Cloud Road at Washington Ave. So. (NWC) Eden Prairie, MN 55344 b. Present ownership of project site: Richard W. Anderson, Inc. c. Names and address of architect, engineer, and general contractor: Robert Associates, 7900 Xerxes Avenue So. Bloomington, MN (architects) Adolfson & Petersen, 6701 W. 23rd Street, Minneapolis, MN 55426 (Engineer and general contractor) • 5. ESTIMATED PROJECT COST FOR: Land 5.5 acres $ 440,000 Building 32,000 sq. ft. $ 1,250,000 xxliviptastutx Leasehold $ 350,000 Improvements Other soft costs $ 90,000 2 1, 30,000 Total $�--.--- --� " -2- L . • 6. BOND ISSUE - • a. Amount of proposed bond issue -$1,350,000 b. Proposed date of sale of bond - June 1, 1979 c. Length of bond issue and proposed maturities - 30 years. Amortize in 360 monthly installments with call provision at 180th installment d. Proposed original purchaser of bonds - The bonds will be purchased by one or more institutional mortgage lenders to be determined e. Name and address of suggested trustee - not applicable f. Copy of any agreement between Applicant and original purchaser - none in existence at this time g. Describe any interim financing sought or available - to be provided by institutional mortgage lender(s) h. Describe nature and amount of any permanent financing in addition to bond financing - none 7. BUSINESS PROFILE - a. Are ou 1 cated jn the City of Eden Prairie? Office building tentatively to be occupied by six business firms: (1) Gene Smiley Assoc., (2) Designer's Gallery, (3) Stiffel Lamps, (4) Mais Inc. (5) MN Wood Products, (6) Office Interiors, and (7) Minn. Sketchbook. • b. Number of employees in Eden Prairie? Designers Gallery is presently located in Eden Prairie with five employees. Other business firms are located in•Minneapolis. i. Before this project: See above -3- • ii. After this project? The listed tenants will have 125 employ • Approximate aggregate annual sales of proposed tenants from this faalllity: $2,500,000 Length of time in business Each tenant has been in business. over fifteen years. in Eden Prairie Designers Gallery has been in Eden Prairie for three years. Do you have plants in other locations? If so. where? Gene Smiley has operations in Minneapolis, Seattle, 'Chicago, Atlanta, Denver & Dallas Stiffel Lamps is located .in every city in the U.S, or has a revtesent'ati-ve in same. Mimi. Sketchbook - Minneapolis • Mais, Inc. - Minneapolis Minn. Wood Products - St. Paul Office interiors - Bloomington Are you engaged in international trade? No, except tenants import merchandise HER I I''DUSTAI AL DEVELOPMENT PROJECT(S): • . List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities Or a "relented person" within the meaning of Section 103(b)(G) of the Internal Revenue Code. None ' • -9- I .r> • • b. List all cities in which the Applicant has requested industrial revenue development financing. None c. Detail the status of any request the Applicant ?asbefore any other city for industrial development revenue financinn'.,. None d. List any city in which the Applicant has been refused industrial development revenue financing. None e. List any city (and the project name) where the Appliennt has acquired preliminary approval to proceed but in Khioh final approval authorizing the financing has heers:denied.. • • None • • -5- fad) • f. If Applicant has been denied industrial development revenue financing in any other city as identified in (d) or (e), specify the reason(s) for the denial and the name(s) of appropriate city officials who have knowledge of the transaction. None 9. NAMES AND ADDRESS OF: a. Agent or Mortgage Broker, Doagfier +, Delrrkins, $trsna & Ekstrom 414 IDS Center Minneapolis, MN 52 • b. Private Placement Purchaser (If private placement) institutional mortgage lender to be detet`mined • i. If lender will not commit until City has passed its preliminary resolution approving the project, submit a letter from Proposed lender that it has an interest in the offering subject to appropriate City approval and approval of the Commissioner of Securities. not applicable • ,"P • • b. Bond Counsel - Mackal1, Crounse & Moore 1007 First National Bank Bldg. Minneapolis, MN 55402 A pl icant's Counsel - 11. Gordon Taylor Midwest Plaza - West Bldg. Minneapolis, MN 55402 d. Accountant - not applicable • 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start - June 1, 1979 • b. Construction completion - October 1, 1o79 FOR FURTHER INFOR.!dATION CONTACT: The undersigned Applicant understands that the approve.l or disapproval by the City of Eden Prairie for Industrial • Development bond financing does not expressly or' i.mplaisiam constitute any approval, variance, or waiver of a pre other rule or requirement relating to any zoning, buildinE, or ordinance of the City of Eden Prairie, or any ot!r law applicable to the property included in this project DONALD G. RUSS, INDIVIDUALLY Applicant • By bate 11. ZONING - TO BE COMPLETED BY THE CITY PLANNING DEPARTMENT a. Property is zoned - Office b. Present zoning (is) (is not) correct for the intended use. c. Zoning application received on for which is correct for the intended use. • d. Variances required - None • QS City Planner - Chi Enger _8- TO: Mayor and Council THRU: Roger Ulstad FROM: John Frane DATE:(..Mey-31, 1979 -4"-447 RE: MINnonds - Kirsch Company - $1,200,000- b1 ' /- 40- 44.41) The Kirsch Company intends to construct a 39,000 square foot office/ warehouse/distribution facility in the Crosstown industrial Park 2nd Addition at an estimated cost of $1,200,000. The property is zoned industrial which is correct for the intended use. A-pututile 1 hearing on this.appl.4cation could be he44-on-July-3 : .. cr, �4-so4.,r. 2 • '4A r CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing I. APPLICANT: - • 1)• a. Business Name - Kirsch Conpany • • b. Business Address - 309 North Puuspes.L Street • Sturgis, Michigan 49091 • c. Business Forst (corporation, partnership, sole proprietor- ship, etc.) - Corpora tion • d. State of incorporation or organization - Michigan o. Authorized Representative - Melvin Scheske Vice President aid Treasurer f. Phone - 616/651-2311 2. 2IAIIE(S) AND ADDRESSES OF MAJOR STOCIOUOLDERS OR PRINCIPALS: On September 1, 1978 the Company had issued and outstanding 2,553,698 shares of common stock, each share being entitled to one vote. The following tabulation, to the knowledge of management, shows information as of August 1, 1978 concerning the persons • who owned of record or beneficially, more than 55 of the Company stock, and also the beneficial ownership of all Directors and Officers as a group. All stock is one class of the Company's voting common stock. line or In4i.ldud Or Id,u51 of Cross Slum aenefid.a7 domord Or at Voting ..d Add,en or MnAuhl 0r.er A,at August 1,197S CO.e,,Sl.eL 3olin W.Kirsch 244,820(a) 9.63/4 309 N.Prospect St. Sturgis,Michigan Charles E.Kirsch 215.610(b) 8.4% 309 N.Prospect St. Sturgis,Michigan Morgan Guaranty Trust Co. 201,503 7.9% of N.Y.(through its nominees holds as fiduciary for various • • accounts) • P:O.Vox 491,Church St. Station • New Yolk.New York 10008 Ail Dueelors and Officers (including(a)and(b)above) . As a Group 486.0044 19,00b (I)Of the 486,032 shares,4,400 shares arc subject to uneaeeeised stock options ureter the Company's gualfind • stock option plan. 1 f e 3. SIVE BRIEF DESCRIPTION OP NATURE OB BUSINESS, PRINCIPAL PRODUCTS, ETC: The Company is engaged principally in the design, manufacture and sale of quality home furnishing preduets, the most important of which is drapery hardware. it produeee a complete litre of adjustable standard and decorative traverse • rods, cafe and curtain rods, cut-to-measure rods, and drdperir and window accessories, for use in homes, offices, auditoriums and other commercial and institutional establishments.. It also offers various lines of shelving, bath accessories, wall • decor and woven weed window coverings. i !•''''' Other products include various types of houeeweres, . such as laundry carts, clothes racks and collepsihle gatda.t . safety, badge and common pins; and high quality office furniture. 4t. DESCRIPTION OF PROJECT • a. 1.qcstiOn and intended use: lot 4, B 1,ta:ossteca hdEttial Park., aria edits. City of Eden Prairiie,Minnesota. f+ff4 mothoexcaptwagehopse building. b. Present ownership of project site.: „ • Richard W. Anderson, Inc. 9600 Valley Visa Toad Eden Prairie,Minnesota 55343 •• c. Names and address of architect, engineer, and general contractor: Architect: Contractor: Ed Mackie • Adolfece `Petersod+,.SnC. ' 6701 Vast 23rd Street •6701 least P3rd Street • Minneapolis, Minnesota 55426 Binneapolia,'firrtno+m 55426 ' 1)o not plan to utilize separate engineering firm at this*lit. 5. ESTIMATED PROJECT COST FOR: Land $ 250.000.00 ' Building $ 750.000.00 . Equipment $ 150,000.o0 . Other $ 50,000.00 Total $ 1,200,000.0.0 ../ . • 6. DOND ISSUE - • • a. Amount of proposed bond issue - $1,200,000.00• b. Proposed date of sale of bond - Jul?26, 1979. . c. Length of bond issue and proposed maturities - 2S Yeas. Bands will mature in 16 equal annual instalbrents of$75,00 each ca mencing Jp1y 26, 3689 and ending Ju1Y 26. 2004. d. Proposed original purchaser of bonds - 'The Aetna Casualty and and Surety Cremai' e. Name and address of suggested trustee - Nortimestern National Bank of Mixmenpolia Minneap list,Minnesota f. Copy of any agreement between Applicant and original purchaser - Aetna has verbally agreed to purchase the bonds; drafts of the Bond Purchase Agreement will be available in a few weeks. A copy of the commitment letter is attached. g. Describe any interim financing sought or available - Ncne h. Describe nature and amount of any permanent financing in addition to bond financing - Nave 7. BUSINESS PROFILE - a. Are you located in the City of Eden Prairie? No • *b. Number of employees in Eden Prairie? ' • i. Before this project: None • -3- • • . 11 t1 • 11. After this project? 13 • c. Approximate annual sales - $160,000,000 • d. Length of time in business n Years • in Eden Prairie Not presently in business in Eden Pr Mria • e. Do you have plants in other locations? If so, where? • The location of the Company's manufacturing facilities are described in the table below. Exhibit A lists all properties. Location Location Sturgis, Michigan Loves Park, Illinois • Sturgis, Michigan Irving, California Scottsville, Kentucky Westlake, California Scottsville, Kentucky Chatsworth, California Woodstock, Ontario Shamokin, Pennsylvania Beacon Falls, Connecticut I Lenexa, Kansas taco, Texas Winsted, Connecticut White Pigeon, Michigan Yakima, Washington Cudahy, Wisconsin S. Are you engaged in international trade? Yes • 8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "releated person" within the meaning of Section 1O3(b)(6) of the Internal Revenue Code. New Hartford, Connecticut-Plant leased by The Union Pin Ompany, a wholly owned subsidiary of Kirsch C apany. Scottsville, Kentucky-Two plants leased by Sootseraft, Inc., a wholly owned subsidiary of Hirsch Ccspary. Sturgis, Michigan-Plant leased by Kirsch Company.. • • b. List all cities is which tiro Applicant has requested. - industrial revenue development financing. New Hartford,Onenectieut ° f3cotttv4l1e, Notedly Sturgis, Michigan • • • • • • C. Detail the status of any request the ,applicant has be4"tfire • any other city for industrial dot elepeent revenue financing,• None pinaentlYPendb19 • a • • d. List any city in which the Applicant has been refusfrd industrial development revenue financing. ire oject e) where the e. Lishast any acquiredypre3iariaary(and the r approval�to proceed autpi . fival approval authorizing the financing ban dsa9 Iona 0 f. It Applicant has been denied industrial development revenue financing in any other city as identified ' • in (d) pr (e), specify the reason(s) for the denial and the naecl of th e officials who . 1 • Scat applicable •S. NAMES AND ADDASSS ©P: A. Underwriter (if public offering) • Sot applicable,no,w rite•irmolved , b. Private PlaCrmoot Purchaser (If private placement) The Aetna Casualty sad aretY . , (Inquiries'should be addressed to lir. Raiti+tines) i. If lender will not commit until City has passed its prelie4nary resolution approving the project. submit a letter from proposed lender that it has an interest in the offering subject to appropriate City Approval and approval of the Commissioner of Securities. -8- • . I44 L • • • • • b. Bond Counsel - Chapnan&Cutler • 111 West Monte& Chicago, Illinois 60603 C. Corporate Counsel - Dresser, Marks&Svendsen 112 South Monroe •" Sturgis, Michigan 49091 , • d. Accourtant - Arthur Zarlersen&Co. 400 Renaissance Center Detroit, Michigan 48243 • tMotaat is Tinottar E. riabin) • 3E. iflAT IS ITEM TAP=DATE FC11.: a. Constraction start - June 1, 1979 • • b. Construction ccepletion - tecenioar 1, 1979 • • SCR.PURTHEit 114PORMATICLI CCINTACT: • 'The undersigned Applicant understands that the approval or disapproval by the City of Dien Prairie for Industrial Da‘reloprent bond finarr.ing does not expressly or r1 iceny constitute any approval, variance, or waiver of any provision or requirement relating to any zoning, building, or other rule or ordinance of the City of Eden Prairie, or any other law apfilicuble to the property included in this project. • EXESCI1 CCOIPANY Applicant if•ja:ao • Vice President and TOnn4.,,,n.l. • May 24, 1979 bate -7- 2 7' • • • II. ZONING - TO DE COMPLETED DV TEE CITY PLANNING DEPRRTIU$RT . ....... • a. Property is zoned - •• • • • b. Present zoning (is not) correct for the_intended use. • • c. Zoning application received on. • for which is correct tor the intended use. • • • d. Variances required - ,. • pP or • • • • • • -8- • ,cfi{