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HomeMy WebLinkAboutCity Council - 06/19/1979 • • • • EDEN PRAIRIE CITY COUNCIL • h_SDAY, JUNE 19, 1979 7:30 PM, CITY ILL 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 Chris Enger; Finance Director John Frame; Director of Community Services Bob Lambert; Engineer • Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL'CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. City Council Meeting held Tuesday, May 15, 1979 Page 1645 • B. Board of Review meetings held Tuesday, May 22, and Tuesday, Page 1662 June 5, 1979 III, CONSENT CALENDAR • A. Set Public Hearing for Duck Lake Vista for July 3, 1979 Page 1664 B. Set Public Hearing for Suburban National Bank for July 17, 1979 Page 1665 C. Final Plat approval for High Trail Estates (Resolution No. 79-122) Page 1666 D. Registered Land Survey approval for the Hartford Company Page 1670 E. Final Plat approval for Prairie East 5th Addition (Resolution No. Page 1671 79-1-21) • F. Set Public Hearing for Schoenfelder PUD for July 17, 1979 Page 1673 G. Change Order No. 1, I.C. 51-334, petition for road extension Page 1674 IV. PUBLIC HEARINGS }} A. Community Development Block Grant. Transferring of funds from years Pagr 676 3/4 CUDG to year 5 CDBG for the Senior Citizen Center (Resolution No. 79-118) B. Eden Prairie Assemblies of God Church, request to rezone 10 acres Page 16767 from Rural to Public for the construction of a church. The site is located in the southwest corner of Co. Rd. 4 and buck Lake C Trail (Ordinance No. 79-21) C. Yorkshire Point, rezoning of Lot 1 Block 3i,Yorkshire Point from Page 1692 I-2 Park to Rural (Ordinance No. 79-227— • City.Council Agenda - 2 - Tues.,June 19, 1979 V. REPORTS OF ADVISORY COMMISSIONS vI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for Transmission Line and Substation Development in Page 1702 Eden Prairie through the early 1990's VII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 79-11, rezoning 26 acres from Rural to Page 1719 R1-13.5 for Meadow Park by Faulks & Reynolds and developer's agreement B. 2nd Reading of Ordinance No. 79-17, rezoning approximately 3 acres Page 1729 from Planned Study to 1-2 Park for Stewart Sandwiches and developer's agreement C. 2nd Reading of Ordinance No. 79-19, rezoning 6.8 acres from Rural to Page 1740 1-2 Park for Shady Oak Industrial 'ark 2nd and developer's agreement VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members • B. Report of City Manager 1. Discussion on signalization and channelization at County Road 1 Page 1750A and T.H. 169 C. Report of City Attorney D. Report of Planning Director 1. Charlson Estates developer's agreement Page 1751 E. Report of Director of Community Services 1, Purgatory Creek Options Page 1759 2 Master Plan - Bryant Lake Page 1760 3 1980 LAI4CON Grants Page 1766 a. Mitchell Lake b. Purgatory Creek F. Report of City Engineer 1. Consider bids for improvements in High Trail Estates, I.C. Page 1767 .51-T'Lr(Resolution No. 79-119) 2. Consider bids for traffic signals at TN 5/W. 78th Street and Page 1768 I nnelization at 4iteNJI— ad7TH 5, I.C. 51-327 (Resolution No. 79-120) 3. Final Plat approval for Charlson Estates (Resolution No. 79-121) Page 1769 • Litt'Daum i1 Agenda - 3 - Tues.,June 19, 1979 G. Report of Finance Director ; 1. Setting of a Public Hearing for'Municipal Industrial Development Page 1771 Bonds in the amount of $1,158,000.00 for Lloyd fililler/Energy Controls for July 17, 1979 J 2. Setting of a Public Hearinc for Municipal Industrial Development Page 1782 Bonds in the amount of $2,N1Eb,000.00 for Parker 'Hannifin for July 17, 1979 3. 1978 Audit Report Page 179 4. Payment of Claims Nos. 4500 - 4720 Page 179? IX, NEW BUSINESS X. ADJOURNMENT. .'• • • • • 1` • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 15, 1979 7:30 PM, CITY HALL ('UNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Sidney Pauly, Paul Redpath and Dave Osterholt COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; • Director of Community Services Bob Lambert; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: All members present. Osterholt was excused from the meeting at 12;55 AM, . I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mayor Penzel requested that items VII. A. 2nd Reading of Ordinance No. 79-06, United Methodist Church, rezoning .9 acre from Public to R1-22 of an existing home at 15150 Scenic Heights Road and developer's agreement, VII. B. 2nd Reading of Ordinance No. 79-05, Cardinal Creek by Cardinal Creek Associates, rezoning from Rural to R1-13.5 for T3 acres and developer's agreement, and VIII. E. 1. Receive 100% petition, order improvements and preparation of plans and specifications for utility and street improvements in Cardinal Creek Estates, I.C. 51-355 (Resolution No. 79-101) be placed on the Consent Calendar. Council concurred with Penzel's request. Osterholt requested that the agenda be amended on item IV. A. to indicate the Super Valu Public Hearing was continued from May 1, 1979 and not April 1� 74 as indicated on the agenda. MOTION: Osterholt moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, APRIL 17, 1979 • MOTION: Redpath moved, seconded by Pauly, to approve the City Council minutes from the meeting held Tuesday, April 17, 1979, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. Final plat approval for Prairie East 7th (Resolution No. 79-97) • C. Final plat approval for Prairie East 9th (Resolution No. 79-98) 0. Final plat approval for Maple Leaf Acres 7th (Resolution No. 79-99) E. Plans and specifications for utility and street improvements in High Trail Estates. I.C. 51-322 (Resolution No. 79-100) F. Set Public Hearing for Stewart Sandwiches for June 5, 1979 G. Resolution No. 79-102, authorizing permit application for Metropolitan Waste Gout of Conmission interceptor sewer M tc T Lake Estates San"WI Sewer Improvement, I.C.T1 342 • Council Minutes - 2 - Tues.,May 15, 1979 III. CONSENT CALENDAR (continued) H. 2nd Reading of Ordinance No. 79-06, United Methodist Church; rezoning .9 acre from Public to R1-22 of an existing home at 15150 Scenic Heights Road and developer's agreement (formerly item VII. A.) I. 2nd Reading_of Ordinance No. 79-05, Cardinal Creek by Cardinal Creek Associates„ rezoning from Rural to Ri-13.5 for 53 acres and developer's agreement (formerly item V11. B.) J. Receive 100% petition, order improvements and preparation of plans and specifications for utility and street improvements in Cardinal Creek Estates, I.C. 51-355 (Resolution No. 79-101) (formerly item VIII. E.l.) MOTION: Osterholt moved, seconded by Edstrom, to approve items A - J on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. per 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 1$ (Ordinance No. 79-01 and Resolution No. 79-22) Continued Public Hearing from May 1, 1979 Ulstad explained there was a question raised at the last Council meeting regarding the legal position the City may have relative to the County denying the request for installation of signals. Since that time Ulstad stated he has been in contact . with the City of Bloomington as recent as last Wednesday afternoon, and at their (L request and invitation he met with the City Manager of Bloomington together with Bloomington's City Attorney,at which time a new proposed layout was discussed. The new location would be about 170 feet south of the present intersection (attached as part of minutes along with memo dated May 9, 1979). Jim Ryan, Ryan Construction Company, stated they were asked to look at the revised alignment to see what affect it would have on their proposal. Basically the proponents drawing as shown has been revised to incorporate the new alignment. From Super Valu's standpoint there is some loss of parking - approximately 25 cars,. and the proponents have the responsibility within the setback requirements of Eden Prairie to pick up 12 cars across the bottom of the plan. In either case, the proponents surpass the requirement that has been discussed with the City staff and will reach approximately 6 cars per thousand. Ryan reiterated the proponents have agreed to the additional dedication and to the new proposed layout location for the traffic signal at Anderson Lakes Parkway and County Road 18, It is Super Valu's understanding the intersection would be improved, the lights would go in, and Super Valu has committed to an expenditure of $70,000, and The Preserve has committed to an additional $10,000. The other change they have incorporated in this plan is initially there was 75 feet from center line to center line between the two cuts entering the center, now they have relocated their service cut an additional 50 feet to the east making it 125 feet, which seems to be a workable situation. Ryan also addressed the landscaping and screening and answered questions of Council members. Penzel requested City Engineer Jullie to give an opinion on the separation of Garrison Way and the service entrance as proposed, as well as the main entrance to the center on the curve. Jullie responded the separation of their service entrance from Garrison Way is 125 feet as proposed and Ordinance No.93 requires 150 feet. Julie stated he does not see a large traffic volume, it is basically trucks serving the Center. 'it • • • Council Minutes - 3 - Tues.,May 15, 1979 A. Super Valu Shopping Center (continued) According to Jullie there is plenty of stacking distance back from County oad 18 at the entrance on the beginning of the curve, which is one of the most`'lmportant concerns that cars don't stack up on to County Road 18 to get into the Center. Jullie noted the grades are relatively flat so that there is not a steep curve where cars would be accelerating and going at higher speeds than would be anticipated at an intersection. Jullie felt this is an acceptable design. • Osterholt noted the shopping center under consideration has essentially one entrance, or two if you count the service entrance that the truck traffic would • use for serving the center; however, there is only one entrance on County Road 18. Therefore all the traffic will be congregated from the proposed shopping mall in one location and this is not the best traffic plan. Jullie added the County required that no access be provided off County Road 18 as they felt access could be gained off of the parkway, thus the County recommended denial of that access. Linda Flavin, 9360 County Road 18, asked the Council to consider the feelings of everyone who would be located around the proposed shopping center. Flavin explained they have put a lot of money in their home and they would be looking directly into the parking lot. Judy Gilberstadt, 9480 Garrison Way, does not feel the adjacent property owners know about the proposed shopping center and that real estate next to the shopping center would go down. CJohn Wolcott, 9508 Garrison Way, asked what appreciable change the direction of the road made, if any, to berming or snugging the shopping center closer to the houses. Ryan responded they have not changed the layout of the shopping center and the berming is remaining as initially indicated with the exception of the property to be dedicated. Penzel referred to petition received this evening in support of the shopping center and requested same be made part of the minutes. Wolcott asked if the City has done any studies on what the traffic patterns would be from bending Anderson Lakes Parkway? Jullie replied the radius on the curves are about 300 feet on the center line and he felt that was acceptable, and that the grades are relatively flat and that with a good stacking distance of about 400 to 500 feet back from County Road 18 from the entrance he feels it is acceptable. Rick Hester, 9360 Garrison Way, stated it seems a shopping center that size with one intersection and one entrance would have a large amount of traffic, and questioned what it would be like at 4:30 PM in the afternoon when people have to go past it on their way home. Joe Duffy, 9440 Clubhouse Road, spoke in favor of the shopping center as he does not think it is fair to have one shopping center on the far end of town. Tim Pierce, 16669 Honeysuckle Lane, commented if people bought a home and were lead to believe nothing was going to happen at this location, they should have legal recourse against the people that told them. Joe Bilcik, 9432 Clubhouse Road, spoke in favor of the shopping center as now it tat him 25 - 30 minutes to get to a grocery store and with the energy problem this is to- ' far to drive. /f•1q"l • • • Council Minutes - 4 - Tues.,May 15, 1979 A. Super Valu Shopping Center (continued) Don Urban, 11345 Lanewood Circle, explained he bought property in this area for his y daughter not knowing a shopping center was being considered at this location. • Mr. Urban commented he lived for seven years by Shopper's City in St. Louis Park which people hated because of the semis, garbage and noise. Penzel questioned what would the recommendation be on addressing the concern of the • access from County Road 18 to the existing trail into The Preserve? Jullie replied it would be staff's suggestion that when the signalization plans, the widening plans and the improvement of Anderson Lakes Parkway from County Road 18 going to the west are developed, a provision for a 8 foot bituminous trailway to run parrallel with Anderson Lakes Parkway would extend all the way back westerly over to The Preserve underpass trail connnection back by the Trail's condominiums • would be included Thus, that could be part of the whole improvement package. • • Ed Sharockman, 9250 Overlook Trail, spoke in favor of the proposed Jerry's Super • Valu as he used to shop at the one in Edina and feels it is an excellent store. Further Sharockman felt signing in the area indicated a possibility of such a shopping center happening. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to give a 1st Reading to Ordinance yy No. 79-01, rezoning 10 acres from Rural to C-Commercial located in the southwest i . quadrant of Anderson Lakes Parkway and County Road 18 for the Super Valu Shopping I Center. Osterholt spoke in opposition to the motion stating he does feel the impact on the homes that adjoin the property is severe, the traffic problem is going to accelerate on Anderson Lakes Parkway because it is a poor traffic plan, and it is not in the highest and best use of the land. The land as originally proposed was for a combination of a covenience center and multiple dwelling. . Redpath spoke in favor of the motion and commented he agrees this is an intersection which has to be straightened out. Further if people go to Applebaum's store in the Eden Prairie Center the only way people will get there is through Anderson Lakes Parkway, and multiple housing would also make a traffic pattern. This is also a good way to get signalization. Edstrom spoke in favor of the motion commenting this section of Eden Prairie needs this type of development. The City needs a shopping center in this portion of the City for people that are there and also for those who are moving in. Also from the standpoint of the City, this proposal assists in solving a very difficult transportation situation at the intersection of County Road 18 and Anderson Lakes Parkway. Pauly spoke in favor of the motion and commented the traffic situation which was originally discussed with the high density multiple use isn't really that different in the number of trips per day as the shopping center. Pauly stated she was in favor basically for the reasons of the previous PUD, the traffic, and the fact that it has been demonstrated by The Preserve that there are an awful lot of people in the area that do want the shopping center. It appears to be a good project and a project that has been called for in the City's new guide plan somewhere in that immediate area. h,`7 • • Council Minutes - 5 - Tues.,May 15, 1979 A, Super Valu Shopping Center (continued) Penzel commented in weighing the pluses and minuses this makes for a very difficult decision. Ultimately he concluded he is interested in traffic safety for the whole City, interested in protecting people as much as possible from things that might affect them in their surroundings, and weighing those things he came to the con- clusion that while he is not crazy about the proposal he will support the motion. Penzel felt the proposal has improved substantially since it was first proposed. MOTION: Redpath moved, seconded by Edstrom, to call the previous question. ,Motion carried unanimously. VOTE ON MOTION FOR A 1ST READING OF ORDINANCE NO. 79-01: Redpath, Edstrom, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. Resolution No. 79-22, approving the preliminary plat for the Super Valu Shopping Center, was adopted at the April 3, 1979 Council meeting. Council suggested the proponents consider widening the primary entrance to accommodate the service traffic. Pauly requested Staff go back to the County with a request for a right-in, right-out on County Road 18. MOTION: Pauly moved, seconded by Edstrom, to direct staff to draft a developer's agreement including recommendations of the Staff Report dated 7/21/78, the Planning Commission and Parks, Recreation & Natural Resources Commission recommendations, shielding of the dock area and disposal areas, the bicycle trail along Anderson Lakes Parkway from County Road 18 to The Preserve underpass, occupancy permits be issued subject to the functioning intersection improvement and the provision of adequate herming to screen the site lines to a minimum in • all cases of from 5 feet above the first level of the adjoining properties, and a thorough investigation of the access to Anderson Lakes Parkway particularly as related to the service entrance to be accomplished prior to signing of the developer's agreement. Further that staff be directed to investigate the feasibility of restricting deliveries to no later than 10:00 PM and the store hours to less than 24 hours a day. Motion carried unanimously. B. Cooperative Power Association, request for PUD approval'on 1-5 zoned land for exceeding 50% office use and for construction of a tower. Located in the southwest corner of Mitchell Road and T.H. 5 (Resolution No. 79-93) Don Brauer, Brauer & Associates, Ltd.,Inc„ spoke to the proposal and answered I questions of Council members. { Planning Director Enger explained this item was reviewed by the Planning Commission at their April 9th meeting and was recommended for approval to the Council on a 7 - 0 vote subject to items in the April 6th Staff Report. Osterholt stated he would prefer to see the utilities in the street right-of-way. Larry Harrison, Registered Engineer with Cooperative Power Association, spoke to the brochure entitled Biological Effects of Microwaves" dated 9/17/65, and conenented they have filed and received approval from the Federal Aviation Administration for the erection of the tower and it does not have to be marked with lights or anything. Redpath referred to his conversation with Mr. Fred Schmidt, 15101 West 78th Street. who was present at the meeting earlier. At that time Mr. Schmidt indicated he does not have any problem with the proposal. I Council Minutes - 6 - Tues.,May 15, 1979 B. Cooperative Power Association (continued) Mr. Brauer answered concerns Mr. Wineberg, 7900 Mitchell Road, had regarding the pond on the bulk of his property and explained they would try to maintd(in the level that the pond is at now which is below the existing vegetation. Osterholt referred to District Engineer Crawford's letter dated March 21, 1979 (attached as part of minutes). Osterholt asked if the City has new cost estimates on providing utilities using Mitchell Road upgraded as opposed to the plan presented. Jullie responded City Staff could review how service can be provided to the other properties and maybe this could be included with this project somehow so we know the other properties are taken care of. MOTION: Redpath moved', seconded by Edstrom, to close the Public Hearing for Cooperative Power Association. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-93, approving the Cooperative Power Association Planned Unit Development and amending the 1968 Comprehensive Guide Plan. Motion carried unanimously. F MOTION: Osterholt moved, seconded by Redpath, to direct Staff to draft a developer's agreement incorporating recommendations of the Staff Report dated 4/6/79, that the utilities for sewer and water be worked as per staff recommendations, and that the cash park fee to be paid be those in effect at the time the building permit is issued. Motion carried unanimously. Council asked Staff to request a letter from the State Highway Department 0 regarding the most recent plans for new Trunk Highway #212. C. Immanuel Lutheran Church, request to rezone .8 acre from Public to R1-22 for the existing single family home located at 16515 Luther Way (Ordinance No. 7-9-13) Bob Hendrickson was present representing Immanuel Lutheran Church and offered to answer questions of Council members. • City Planner Enger explained this item was reviewed at the April 9th Planning • Commission meeting and was recommended for approval to the Council subject to the conditions of the April 4th Staff Report. Enger noted the church is expecting to rarry through an administrative land division. 1 MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and give a 1st Reading to Ordinance No. 79-13, approving the request of Immanuel Lutheran Church to rezone .8 acre from Public to R1-22 for the existing single family home located at 16515 Luther Way, and direct staff to draft a developer's agreement incorporating the recommendations in the April 4th Staff Report. Motion carried unanimously. D. Hartford Real Estate, request for PUB, rezoning from Rural and I-5 to Office and • Commercial Regional Service, preliminary plat approval, and approval of EAW, • findin _no significant impact uponr9 acres. Located west of Anderson Lakes, south of West 78th Street, and east of E en prairie Shopping Center. (Ordinance No. 79-12. Resolution No. 79-91 - EAW, and Resolution No. 79-92 - preliminary plat) Edstrom requested that the following statement be entered into the record: "Prior to September, 1973 I was associated with the New York law firm of Davis, Polk 8 Wardwell, which acted as Counsel to ITT, the parent company of the Hartford group. During that period I worked extensively with ITT, including a small amount of time r!,'() • • • • • Council Minutes - 7 - Tues.,May 15, 1979 D. Hartford Real Estate (continued) on questions relating to Hartford, Since 1973 I have had no relationship tith ITT or Hartford and in my view no present conflict exists, I believe I ami.n a position to judge the Hartford proposal on its' merits on behalf of the City of Eden Prairie." Frank Sparicio, Hart Insurance Company, gave a brief background of their company • and showed slides of other properties they have throughout the country. Sparicio explained he met with two resident groups at two meetings and a lot of concerns • were surfaced which helped Hartford to refine their proposal. The proponents have tried to cover no more than 50% of the total land with hard surface covering. Hartford hopes to open the building by January of 1981 if the zoning is favorable. Herb Ketcham, Architect with Architectural Alliance, representing the proponents, spoke to the landscaping, berming and the proposed development concept plan, including roads and parking area. A scaled model of the proposal was also displayed. City Planner Enger explained this item was reviewed at the March 26th and April 9th Planning Commission meetings and was recommended to the Council for approval on a 7 - 0 vote, subject to the items in the April 5th Staff Report. Enger noted there has been a voluntary Environmental Assessment Worksheet done on this project. The Planning Commission felt that the proposal for the Hartford site was generally consistent with the proposed '79 guide plan update and the Major Center Area Report. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission reviewed the Hartford proposal on April 2nd and April 16th, and on April 16, 1979 the Commission recommended approval to the Council contingent on the Planning Staff Report dated April 5th and the Community Services Report dated April 12th. Jim Book, Barton-Ashman Associates, spoke to the use of de-icing chemicals intended to be used at the Hartford development as outlined in conmiunication dated March 30, 1979. Osterholt questioned who would be responsible for cleaning and maintaining the grit chambers for the runoff. Book explained they would be on a regular scheduled maintenance basis and the grounds people will still watch for possible problems which may occur. The City would not be resonsible for this maintenance. Penzel commented since the original conception of The Preserve ano as a standing policy of some years, the City has pursued the avoic'.ance o`'over long cul-de-sacs. Given that consideration, Penzel felt it time to carry out the plan and provide for the alternate access to the neighborhood and at least give people a chance to exit in two directions. He believes the connection of Center Wav would be proper at this time and urged the connection be made at the third phase of the proposed road system. George Bentley, 10800 Fieldcrest Drive, spoke in opposition to a direct Center Way connection as Center Way connects straight down to Anderson Lakes Parkway and Anderson Lakes Parkway is planned on being a major thoroughfare and will be lighted at Highway 169 and County Road 18. Bentley believes in five years it will be a safety hazard with bicyclists, pedestrians and cars as it is the only way to + to the park and to the pool. MOTION: Redpath moved, seconded by Pauly, to close the Public Hearing on the Hartford Real Estate Company. Motion carried unanimausly. • • Council Minutes - 8 - Tues.,May 15, 1979 D. Hartford Real Estate (continued) C MOTION: Redpath moved, seconded by Paul, to adopt the 1st Reading of Ordinance No. 79-12, rezoning from Rural and I-5 to Office and Commercial Regional Service for Hartford Real Estate Company. Motion carried unanimously. MOTION: Redpath moved, seconded by Pauly, to adopt Resolution No. 79-91, finding the Environmental Assessment Worksheet for Hartford Real Estate Company a private action does not require an Environmental Impact Statement. Motion carried unanimously. MOTION: Pauly moved, seconded by Redpath, to adopt Resolution No. 79-92, approving the preliminary plat for Hartford Real Estate Company. Motion carried unanimously. MOTION: Redpath moved, seconded by Pauly, to direct Staff to draft a developer's agreement incorporating the Planning Staff Report dated April 5, 1979, the Community Services Report dated April 12, 1979, and the Planning.Commission and Parks, Recreation & Natural Resources Commission recommendations. Further that . the possibility of Center Way be explored for an access. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to continue the Council meeting. past the scheduled 11:30 PM adjournment time. Motion carried unanimously. . E. Bluff's West 3rd & 4th by Hustad Development Corporation. Reguest for PUD Concept approval, rezoning from Rural- to R1-13.5 AM 6.5 and AM 2.5, preliminary plat approval for approximately 640 units on 168.5 acres, and approval of EAW, finding of no significant impact. Located north of Bluff's West grad and east of Homeward Hills Road. (Resolution No. 79-94 - PUD, Ordinance No. 79-14 - rezoning, Resolution No. 79-95 - EAW, and Resolution No. 79-96 - preliminary plat) Dick Putnam, Hustad Development Corporation, spoke to the proposal commenting that both the Parks, Recreation & Natural Resources Commission and the Planning Conmissv recommended denial and asked for direction from the Council as to what they would like to see in this area. The Council felt they were not in a position to tell the proponents how to develop their property; however, would not object to the proponents coming back with alternatives. City Planner Enger explained the Bluff's West 3rd & 4th proposal was heard at 3 consecutive Planning Commission meetings and spoke to the Staff Report dated April 2, 1979. Enger noted the Planning Commission's recommendation was one of denial. Mrs. Koshenina, 10541 Riverview Drive, stated the Planning Commission made it very clear they were to act on the proposal before them, which they did by recommending denial. Putnam requested the Council continue this item in order to give the proponents a chance to come back with a revision. Enger read motions passed at the Flying Cloud Advisory Commission meeting held right before the Council meeting. (Attached as part of minutes) MOTION: Edstrom moved, seconded by Redpath, to refer the Bluff'S West 3rd A 4th proposal back to Staff and commissions, and that a new notice of Parbltc hearing 4ae-+ issued at the time the Public Hearing comes before the Council'' he:?nd.meettRg of .10%. !Ant inn carried 4.toanirn hclsa...... ! _ xd • Council Minutes - 9 - Tues.,May 15, 1979 • F. Power's Department Store Wine License MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing on Power's Department Store's request for a wine license. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI. PETITIONS, REQUESTS 8 COMMUNICATIONS • A. Lund Interim Use Agreement Change. American Baptist Homes of the Midwest, Inc., requesting interim use permit on 7928 Eden Road with expansion of upper level. Mr, Lund spoke to his request to transfer hi.s interim usb permit to the American Baptist Homes of the Midwest. • City Planner Enger explained this item was reviewed at the Planning Commission and the motion recommending approval to the Council was defeated on a 4 - 3 vote, Osterholt questioned if the American Baptist Homes are a non-profit/tax exempt organization. Mr. Higgins, Executive Vice President of American Baptist Homes of the Midwest, Inc., replied in the affirmative, • Osterholt stated he has some concerns about the assessments in the Major Center Area if they do in fact qualify as a tax exempt/non-profit organization. City Attorney Pauly commented assessments are not exempt by virtue of the exemption • for taxation. However, in order that this is understood Pauly suggested that this • be a provision in the agreement, Mr. Higgins stated they have worked out an agreement with Mr. Calvin Anderson stipulating they will agree with the City of Eden Prairie and adjoining property owners that they will not object to commercial use for property that would be approved by the Planning Commission and City Council. Penzel requested that this also be included in the City's agreement. • MOTION: Edstrom moved, seconded by Pauly, to approve the request of Mr. Lund to transfer his interim use permit to the American Baptist Homes of the Midwest, Inc. and direct staff to draw up an interim use agreement. Motion carried unanimously. VII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Drdinance No. 79-06, United Methodist Church, rezoning .9 acre from Public to R1-22 of an existing home at 151 0 Scenic Heights Road and developer's • agreement This item was moved to the Consent Calendar (Item III. H.) B. 2nd Reading of Ordinance No. 79-05, Cardinal Creek by Cardinal Creek Associates, rezoning from Rural to R1-13.5 for 53 acres and developer's agreement This item was moved to the Consent Calendar (Item III. I.) C. 2nd Reading of Ordinance No. 78-229, Park Dedication Ordinance (Continued from 5/1/i This item was continued to the June 5, 1979 Council meeting. • • • • Council Minutes - 10 - Tues.,May 15, 1979 • D. 1st Reading of Ordinance No. 79-15, establishing a Code of Ethics for Public Officials of the City of Eden Prairie General discussion took place regarding Ordinance No. 79-15, and City Attornty Pauly was directed to redraft the ordinance to be brought back before the . Council at the June 5th Council meeting. E. Resolution No, 79-103, granting final approval for M,I,D,B,'s for Ruben Anderegg Tn the amount of $550,000.00 • • MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 79-103, granting final approval .for M.I.D.B.'s for Ruben Anderegg in the amount of $550,000.00. Motion carried unanimously. F. Resolution No. 79-104, granting preliminary approval for M.I.D.B.'s for Crown • plastics/Hanson-Eggerichs in the amount of $1,150,000.00 MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 79-104, granting preliminary approval for M.I.D.B.'s for Crown Plastics/Hanson-Eggeriehs in the amount of $1,150,000.00. Redpath, Edstrom and Pauly voted "aye", Osterholt and Penzel voted "nay". Motion carried. G. Resolution No. 79-105, rantin reliminar a royal for M.I.D.B.'s for Suburban National Bank/Suburban sociates in the amount of $1700,000.00 . Roy Terwilliger, President of the Suburban National Bank, spoke to the request and answered questions of Council members. Edstrnm stated he was a stockholder in Suburban National Bank and since has disposed of that stock. Osterholt commented here is a banking institution taking advantage of the tax situation to go out and promote a bank, and he does not believe that is what the law was intended to do. Edstrom felt that problem had to be resolved at the legislative level. MOTION: Edstrom moved, seconded by Pauly, to adopt Resolution No. 79-105, granting preliminary approval for M.I.D.B.'s for Suburban National Bank/Suburban Associates in the amount of $1,600,000.00. Edstrom, Pauly and Penzel voted "aye", Osterholt voted "nay", and Redpath "abstained". Motion carried. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. 4 Appointments of representatives to serve on advisory committee to !tip reduce the number of alternative route locations for TH 212/169 to be considered in 4 the Draft Environmental Impact Statement Council members appointed the following to serve on the TH 212/169 advisory committee: Councilwoman Sidney Pauly, Don Peterson, Virginia Gartner and Haakon Nyhamaner. Council Minutes - 11 - Tues.,May 15, 1979 B. Report of City Manager 1. Discussion on swimming pool fencing. City Manager Ulstad suggested if the, ouncil considers a swimming pool ordinance that the material of the fencing not be specified, other than to state the fence be a certain height to keep intruders out. Lambert explained he had been asked earlier by two residents in the audience, Jenny Nicpon, 15981 North Hillcrest Court and Gayle Tyson, 15980 North Hillcrest Court, to relay their recommendations to the Council, i.e., that the fence be at least a six foot vertical board unclimbable fence and also questioned how the ordinance would affect existing swimming pools. • MOTION: Redpath moved, seconded by Edstrom, to direct the City Attorney to draft a swimming pool ordinance for Council's consideration. Motion carried unanimously. C. port of City Attorney No report. D. Report of Director of Community Services 1. Valley View Road Bike Trail (continued from 5/1/79) This item was continued to the June 5, 1979 Council meeting. 2. Eden Prairie Stables (continued from 5/1/79) Director of Community Services Lambert reviewed with the Council the Parks, Recreation & Natural Resources Commission's action taken at the May 7th Commission meeting, whereby the Commission recommended to the Council if the Eden Prairie Stables is used as stables that Vo-Tech be granted the lease, and, if not, then the Hockey Association seems like a good use. The Department of Natural Resources will not address anything that is above the normal ordinary high water mark. MOTION: Redpath moved, seconded by Edstrom, to accept the Parks, Recreation & Natural Resoures Commission's recommendation of May 7th to grant the • Vo-Tech the lease for a period of 5 years, and direct staff to draw up a lease agreement incorporating the staff recommendations. Motion carried unanimously. E. Report of City Engineer 1. Receive 100% petition, order improvements and preparation of plans and specifications for utility and street improvements in Cardinal Creek Estates, I.C. 51-355 (Resolution No. 79-101) - This item was moved to the Consent Calendar (see item III. J.) F. Report of Finance Director 1. Discussion on M.I.D.B. Guidelines General discussion took place regarding the memo from Finance Dire tor,acutane pertaining to amending the MIOB guidelines adopted by the City Coun Frane responded to questions asked by Council members. 1�� • • Council Minutes - 12 - Tues.,May 15, 1979 1. Discussion on M.I.D.B. Guidelines (continued) Osterholt spoke in favor of the proposed amendments commenting, the public . or whoever develops is entitled to some formula or some idea of what the City requires, and if we leave it openended then i't becomes the pleasure of the Council. One of the problems is the law has been rewritten and when there is a situation where the mortgage is placed with the private lender, the present guidelines don't apply. Tim Pierce, Acting Chairman of the Development Commission, explained the commission felt no further revisions ought to be put on the guide- lines as additional guidelines might hamper the Council or discourage some worthwhile projects. Redpath felt if each application was taken on its merits, the Council could deny much easier then with the proposed amendments. MOTION: Osterholt moved, seconded by Penzel, to amend the guidelines as. • outlined in memo from Finance Director Franc, Osterholt and,Penzel voted "aye". Edstrom, Pauly and Redpath voted "nay". Motion failed. 2. Insurance Proposals MOTION: Redpath moved, seconded by Pauly, to award the bid farIn&urance to M. E. Lane as per recommendation of Finance Director Franc in the amount of $131,962.00. Roll Call Vote: Redpath, Pauly, Edstrom and Teazel voted "aye". Motion carried unanimously. (Osterholt had already.:been excused at the time this vote was taken) 3. Payment of Claims Nos. 4124 - 4284 MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims . Nos. 4124 - 4284. Roll Call Vote: Redpath, Edstrom, Pauly and Pagel Voted "aye". Motion carried unanimously. (Osterholt had already been excused . at the time this vote was taken). • IX. NEW BUSINESS No new business. X. ADJOURNMENT MOTION: Edstrom moved, seconded by Pauly, to adjourn the Council meeting at 1:24 AM. Motion carried unanimously. • � F. ."„ -. • " "- - -"-; ";"- • `-'7. :•. • ' • " - • • • -• • • • • MEMO TO: Mayor Penzel and Members of the City Council FROM: Roger Ulstad, City Manager • DATE: May 9, 1979 SUBJECT: Anderson Lakes Parkway/Co. Rd. 18 Signal Location • 1 • . . • On Wednesday, May 9. the Bloorningto* City staff proposed a caapftmise location for the traffic signal at Anderson Lakes Parkway and to.. Rd. 18.. The new location would be 170 feet south of the present intur4motion, as shown on the attached drawing. The curve radii on Anderson tzalses.:Parkway would be 300 feet, which is minimal but still acceptable because f.the relatively short length of curves to travel. Mr. Klossner from Hennepin County has agreed that this compr al omise loc-en is acceptable to the County. Mr. Jim Ryan, on behalf of Ryan COnStPUOtida Co., has reviewed the new location and finds it acceptable. lir. Ryan also agreed to move the westerly entrance on Anderson Lakes Parkway ter Pr•Ovide 1$0 feet of separation from Garrison Way, rather than only 7fi feat as pre- viously proposed. • If the Council chooses to proceed we would recommend that the Couoci.1 direct the staff to request Hennepin County to revise their preliminary plans and prepare a cooperative agreement based upon the new location. • • • • • . i 7 PROPOSED, SHOPPING .1 1 1 1 CENTER tI I 1 1 1 1 I il, --!--li I j I .. 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STORE GO UP ON THE SOUTHWEST CORNER OF ANDERSONLAKB PARK WAY. ..., .:-.- NAME ADDRESS ..._ / ?i,c.iiiiRsree. 24,5.5%)741 SS 1 A/ 947.70 5;;;;;ef 4.0e.. ......-f ....,.. -9( 6_0- --; _ 4,5S-Ov -rve-X,Z101.--e,. 1;r1617$7.% ' 13, ," - - .,.„..." , --- • Le). er. • - 7 61.,,, "kist.fr . ..,..:.,.. e/44-s-+.......L.col'o-..4. eg:.R . • ..., 7,7 , 4.,-,. ?-n*-4 %ad, .. ,,,.e.,;(4.4-- 4.1' .. , -s ,„49 isickilooct. t -iv Loi.1/4a 0 - a ' iat'z' . 3eittx,I,t Zakt a0, iit,e4 l/.., : ,..„.4 • f. itA4,.... , 9 1 if fi,..4-I-4.1,A1.--e,13; ,.--, ,-...,. ..1 ) ''. 4;k/I cied e. a 4 Al"e i I IL," briee.r?"4.ei..}cJ 1 • ' ' 4 ettLet Aga, %f de` aS.g.,),-- %.- :,‘,.j_,,..iti,,...,-ko--4.-.)1/44- 11 o(2 , 40-0--.---,-,-,--1-41 - • ....- /I aQ...._ to Rilo Fr; - De. '....,:=1.' ./.,e,, ,„,,r.„ ,(-C.,..4,....,) .f..twa ii --,ee--- ".,,...,........ ,rei'Z / ...v ,) ,o ./.2e /-44-7 z. &h., .4.........,...-.. 03,-;_... ... , '- .--..-- .o/ ,...- eV • , ... . .. . , ../? ....1 .79 (.. ..3•/ 5,- 3s , 7., , . •.,''',,, '1,,;•- : - '' '''''''' ..: -'........' ''.2-r."'..-, 7 -'•''' ' .,' - 4 4.11/. • vM4 Minnesota • :* �- District • 5 Dc�partla t�.nt of Transportation . • - 2055 No. Lilac Drive ''op Golden Valley, Minnesota 55422. .t. • • • Marat. 21, 1979 • • Mr. Rod 8/sndstro:a • Chairperson, Planning Commiesfad City of Eden Prairie city Hall- 89Sq Eden Prairie Road Eden Prairie, Minnesota35943 • Dear Piz. Sundstrom: • The Department of Transportation is developing please fore near Trunk• Highway 212 from Eden Prairie tea 1Qormeod. One•eif the•Frog sad' . alternrativea will, cross the proposed Cooperative Power.yasane9.eat is • P.U.D. at its southeast corner. This alignment has zany •alsIti.w �. features. These features may quaii.fy it as the preferred altera4tti �... in the new 1981 new Draft Enwironmrrtai Impact 8tatee aant. tie encm ram the Planning Commission, Cite Council and developer.to consult atuti4.0. , . ,...::..::,:,...,,:.,,,:.:.,:..,:„. to obtain more information. Reece ae l $. It. Fame, Fxojer6:Msn S r (S4S-3i61 ext. 118), or Susanne Patty, Planner (ant. l57?. Siace�rely, • i r � I • W.M. Crawfor , P.E. • District Engineer • • UMC:bn • • • • .fs trywt Or p.uueutr�r PapNn dP • • • • • • • FLYING CLOUD ADVISORY COMMISSION • OF EDEN PRAIRIE I The meeting was called to order by Chairwoman Sally Brown at 6s30 p.m. on May 15, 1979. Members presents Sally Brown, Les Lewis, Tom Faranda, Claude Schmidt, Bill Gilk, and Chris Engen of the City of Eden Prairie. Chris Enger presented the proposed plans for Bluffs West third and fourth additions and their relationship to the Airport "A" & "B" Zones for the proposed runway extension (271. - 9R). Motion was made by Tom Faranda that, the Flying Cloud Airport Advisory Commission finds that portions of the Bluffs West third and fourth additions are within the existing and proposed • airport "A" & "B" Zones. Therefore, the commission recommends to the City Council that adherence to the state airport zoning act be upheld. We believe that this is consistent with the • comprehensive guide plan and is in the best interests of the city of Eden Prairie. We are making this recommendation hoping to reduce or eliminate potential resident problems due to air traffic noise. . Motion was seconded and passed. - Motion was made by Tom Faranda that: + The Eden Prairie Flying Cloud Advisory Commission recommend to the Eden Prairie City Council and the Metropolitan Airport Commission that MAC be given the opportunity to purchase land within the "A" & "B" zones on the east and west ends. The action will permit a buffer zone between the airport and the residential areas and will reduce future potential problems. We further recommend that MAC work with the City of Eden Prairie to develop this property to the best mutual interests of the airport and the residents of Eden Prairie. Motion was seconded and passed. The next Commission meeting was scheduled for June 6, 1979. • The meeting was adjourned. Respectfully submitted. • Bill Gilk. Secretary • (7 • MINUTES BOARD OF REVIEW MEETING Tuesday, May 22, 1979 7:30 p.m., City Mall Board of Review members present: Mayor Wolfgang Penzel, Sidney Pauly, David Osterholt, Paul Redpath, Dean Edstrom Board of Review city staff present: City Assessor Bob"Martz, Lorna Thomas, Steve Sinell, Hennepin County Assessor representative Kerman Benson • The Board of Review was called to order by Mayor Penzel at 7i30 , , f The following citizens appeared and were heard by the Board of . Review: 1. Mrs. Harold R. Fowler, 10315 Riverview Road, phone eall to :. council member, would like to have her property reviewed., 36-116-22 43 0003. 2. Mr. Michael Pliam, 9440 Eden Prairie Road, value to be revita tite . 29-116-22 11 0001. 3. Mr. & Mrs. Fred Koppelman, 18890 Deerfield Trail, value to be reviewed. 07-116-22 23 0067. „.„ -4.- 4. Mr. Charles, 7174 Topview, observer only, had question about ratio studies. • MOTION: David Osterholt moved, seconded by Paul Redpath to reconvene the Board of Review meeting on Tuesday, June 5, 1979, at 7:30 p.m., motion carried unanimously. . _ • • . _ . 4: . . y.. • Minutes Board of Review Meeting • i• Tuesday, June 5, 1979 (continuation of Board of Review) Board of Review Members Present: Mayor Wolfgang Penzel, Sidney Pauly, David Osterholt, Paul Redpath. Board of Review Member Absent: Dean Edstrom. Board of Review Staff Present: City Assessor Bob Martz, City Manager Roger Ulstad. Invocation Pledge of Allegiance Roll call Invocation given by Councilman Paul Redpath. The Board of Review reconvened and was called to order by Mayor Penzel at 7:30 p.m. City Assessor Bob Martz gave a report on the disposition of Items 1 thru 3 of the May 22, 1979 meeting. A taxpayer who appeared at the May 22, 1979 Board of Review meeting appeared at 7:00 p.m., June 5, 1979 and mentioned to Manager Roger Ulstad that they would appear at the reconvene of the Board of Review at 7:30 p.m. Due to their nonappearance a motion was made by Council- man Dave Osterholt that the Board of Review would accept the Assessing staffs recommendation if this taxpayer so appeared at the Assessors office after the closing of the 1979 Board of Review. Councilman Dave Osterholt so moved, Mayor Wolfgang seconded, motion carried unanimously. Councilwoman Sidney Pauly commended the Assessing Department for a job well done over the past five years. Motion: City Assessor Bob Martz recommended that resolution 79-115 be adopted, directing the Board of Review to accept the 1979 valuation assessment. Councilwoman Sidney Pauly so moved, seconded by Mayor Wolfgang Penzel, Motion carried unanimously. The following motion was made for closing the meeting: Motion: Councilman Dave Osterholt moved, seconded by Wolfgang Penzel, to close the Board of Review meeting at 7:45 p.m. and certify its completion of the hearing. Motion carried unanimously. c • • C (PcEjssoc) REAL ESTATE CONSULTANTS • • JUN 2 1979 June 12, 1979 Roger Ulstad Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, HIWN. 55344 Vear Roger; RE: DUCE MICE VISTA The Planning Crimmi.ssion approved the re-mining and the preliminary Plat • • Feu Duck Lake Vista; at their meeting of June 22,2979, and recoinend Ankr e.1s to the City Council. Would you please place this re- zoning and Preliminary plat f Duck lake:YlAta on the City Council's adgenda as soon as posible. • Thank you,'' • �lIM THY W. PIERCE c rinla • - • ) •�y v ' RAUENHORST CORPORATION r June 12, 1979 • W. RogerUlstad, City Manager . City of Eden Prairie 8950 Eden Prairie Road Eden. Prairie, MN 55344 Dear Mr. TJlstad: • Rauenhorst Corporation requests that the city hold a public hearing at its earliest converriettee on tile' rezoning of 4.4 acres for a bank/office building for the Suburban National Bank of Eden Prairie. • Thank you for your cooperation. • Sincerely, • Michele Foster Governmental Affairs Coorriinator MF:1j • • t AtCUTINE CMrICES 7700 NPIITHPtLSTEAfi*INA-CUUL CEN1E1l 7900 XEAXC6 AVtliUt 6OU'8W.i4WAA OWY:.M f..8C'7A g .1 0.1,,P.M044. F Zj CITY OF EDEN PRAIRIE Jane 19, 1979 HENNEPIN COUNTY, MINNESOTA • C • RESOLUTION•N0. 79-122 A RESOLUTION APPROVING FINAL PLAT OF HIGH TRAILS ESTATE WHEREAS, the plat of HIGH TRAILS ESTATE has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and • " WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. • • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: • A. Plat Approval Request for HIGH TRAILS ESTATE is apprc upon compliance with the recommendation of the City Engineer's Report on this plat dated June 13, 1979. B. Variance i-s herein granted from City Ordinance No. 93. Sac. 8, Subd. 1 waiving the six month maximum time elapse t*tween the approval date of the preliminary plat and filing of the final. plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a Certified COPY of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for thier use as required by NSA 46Z.3S84 Subd. . • D. That the City Clerk is hereby directed to supply a Certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Faeecute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. 'Penxel, Mayor ATTEST: SEAL John D. Frane, Clerk • uL • - • • • CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer . • DATE: June 13, 1979 SUBJECT: HIGH TRAILS ESTATE PROPOSAL: The developer, Countryside Invesements, Inc., is requesting City Council approval of the final plat of High Trails Estate. This • addition consists of 79 single family residential lots covering approx- imately 40 acres. HISTORY: The preliminary plat was approved on April 17, 1979, per Council Resolution #79-67. Rezoning to R1-13.5 was finally read and approved by the City Council • on June 5, 1979, per Ordinance #79-08. The Development Agreement referred to within this report as "the agreement" was executed an June 5, 1979. VARIANCES: Variances have not been requested for this plat. STREETS AND UTILITIES: Requirements for the installation of utilities and streets are coveren in items 5, 6 and V of the agreement. Attached to this report is a copy of a letter dated 4/26/79 from Rieke, ' Carroll, Muller Assoc., Inc., and a drawing indicating possible future platting of the Kurtz property located north of this plat. PARK DEDICTION: The requirements for park dedication are given in items 3, 4, III and IV of the agreement. BONDING: Requirements for bonding are covered in item V of the agreement. RECOMMENDATION: Recommend approval of the final plat of High Trails Estate, subject to the requirements of this report and the following: 1. Receipt of cash deposit for street lighting in the amount of $2,164.80. 2. Receipt of cash deposit for street name signs in the amount of $450.00. � i • • • RIEKE CARROLL MULLER ASSOCIATES INC April 26, 1979 • erchiucn Mr. Carl Jullie, P.E. City of Eden Prairie eew . 8950 Eden Prairie Road Eden Prairie, MN 55343 land surveyors RE: 'KARL KURTZ PROPERTY peaeene" POSSIBLE SUBDIVISION I.C. 51-322 RCM 791015 mDear Carl, po,I o0 Post orrice ax..Y 7p hopk Mt,mines as L5i' I have enclosed a copy of the contour map of the Karl Kurtz property with an overlay of a possible subdivision of his property. location .10YY lyrg'vireo eotrth Napkins.mitmrurta 5t The DNR has not made a decision as to the classification of the 617e754e01 low area in the southeast corner of the site. It is my under- standing that the DNR and the Watershed engineers will be on the site on Tuesday, May 1 to review the existing conditions with the owner. From conversations I have had with the Watershed engineers, I am led to believe that the low area will be declared public waters and that a determination if a 100 year high water level will have to be established or just the normal high water level will be made after the field survey. In either case it does not appear feasible to extend the north-south road in High Trails north into the Kurtz property through this low area. Any relocation of the road further west would not be beneficial to either piece of property and could prove to be a safety hazard. The proposed location of the street in the Kurtz property allows him to subdivide his property into 17 lots with the lot the twpt• >•^t tit° house is located on large enough so that it could be subdivided 00" in the future, giving him a possible 18 lots. All lots would :4,77 be within RI-13.5 zoning with no variances requested. This ,,,ankato street could have a cul-de-sac or be extended depending on . Wawa future development to the north. malunaten ate,l0,•Wra If you have any questions regarding this sketch, please give me a call. ate y ur . Eri ` EKE CARROLL MULLER ASSOCIATES, INC. cc: Arvid Schwartz ) '%, , -)'','..( i . , ____ , . . _ )1. 0 artic\ \\.. if 1 r --- . ---- 1 t 4V6 .4 dititla \\"\ . ( dkir vok 0 es ort, . ek ‘,\,, P141 ,4,\Io' • oii ! jJI: 47 9;6.7 II 'wee)el/1114 "° AO/ 9343 I\ ka. _. _ . _ • \ .1 .. ).—,11# 94,2 1\1 mi. •, . it J 93e^3 D1„ .. O____I. \ ; .. _ __.,,, ------ Ns A \\— t 940 •. .../..,,„>'/ . �_ ,..-c-:--___;_--)..,) 4 \ f ,--1 1 .._ N • .,,..._ .....„,, ,.,.. 1 4 \ \. / 1 0 \ 1 I ,\D 1 e 1 \ 1 1 • 93 9.5' 1 1 ------<7, } St3.'.. 4. o r I i ywI B \/> i\\ 93�5. 1 • ! \ ' I / / MEMO TO: Mayor Fenzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer , DATE: June 14, 1979 SUBJECT: Registered Land. Survey for the Hartford property in the Preserve • The attached RLS covers the proposed Hartford Real Estate Company development located within the Preserve PUD. The purpose of this RLS is to divide the • property into 11 tracts, thus eliminating:the-need for lenghty mat* and bounds descriptions for future onveyalees,and'sales of the pi upre y. The RLS submitted for approval confvr♦ns with than pr'elinrinary plat.-approved by the City Council on May 15, 1979, per'ReSa"tutir n. 119-92. Final 'reading o'f • the rezoning Ordinance #79-12 is seheduled.fer July 3, 1479. Additional platting of the property will be necessary itS development warrant* with the review and approval of these divisions fallowing normal City procedures. Recommend approval of the Registered Land Survey for Hartford Real Estate Company. CJJ:kh Attachment t��J • • • , - ''• :: . • : . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • • • • RESOLUTION NO. 79-123 • • A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE EAST FIFTH ADDITION • WHEREAS, the plat of PRAIRIE tAST rnoTe ADDITION has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have'beer duly had thereunder, and • WHEREAS, said plat is in all resPeata Consistent with the City plan and • the regulations and requirements of the laws of the State of Minnesota arid ordin- ances of the City of Eden Prairie. NOW, THEREFORE, RE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: • • A. Plat Approval Request for VAA:174S EAST PM% ADDITION Is a;'," upon compliance,with the recommendation of the City'Engineer's Report on this plat dated JLIne 13+ 1979 • B. Variance is herein granted frOM city Ordinance No; • Subd. 1 waiving the six'Month maximum time elapse between the approval date of the preliminaq plat and filing of the final • plat as described in said Engineer's Report. 7i3- ( C. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/al, Regis.. trar of Titles for thier use as required by NSA 462.3S0-,, Subd. 3. D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above name plat. E. That the Mayor and City Manager are hereby authorized to Execute • the certificate of approval on behalf of the City tniinril upon Oen- pliance with the foregoing provisions. • ADOPTED by the City Council on • _. Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D. Frane, Clerk • /6 7/ CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT • TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer f " DATE: June 13, 1979 SUBJECT: PRAIRIE EAST FIFTH �• PROPOSAL: The developer, Hustad Development Corporation, is requesting City Council approval of the final plat of Prairie East Fifth Ad- dition. This plat will consist of 80 quadraminiums located on approximately 16 acres. HISTORY: The preliminary plat was approved on May 16, 1978, per Council Resolution #78-65. The PUD concept plan was approved on May 16, 1978, per Resolution #78-92. Rezoning to RM 6.5 was finally read and approved by the City Council on June 20, 1978, per Ordinance #78-22. The Development Agreement referred to within this report as "the agreement" was executed on June 20, 1978. VARIANCES: Variance from the requirements of City Ordinance $93, Sec. 8, Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. Density and sideyard setback variances have been allowed through item 15 of the agreement. UTILITIES AND STREETS: Municipal utilities and streets will be installed throughout the development in conformance with Eden Prairie standards and the requirements of items 7, 9, 10 and 17 of the agreement. PARK DEDICATION: Park dedication requirements are covered in items 3, 4 and 5 of the agreement. BONDING: Bonding requirements are covered in item 17 of the agreement. RECOMMENDATION: Recommend approval of the final plat of Prairie East Fifth Addition subject to the requirements of this report and the following: -•iw 1.. Receipt of fee for City Engineering services in the amount of j . $1600. 2. Receipt of cash deposit for street lighting in the amount of $984. VWsui7"KNAT © SU8uTsIL dfl�btA1YESRS, INC. t .,,,>) tnau 1tGtrain. ,.. .,....,. .... ...„.. ,, ,.. ,,,......, ...,.. t kfkie-441 Rooky To: ne t21105 Olson Memorial Highway MismeaimI c.Mmnesota 554+Vt 15121 550.5700 July 13, 1979 Roger•Ulsted, City Manager • City of Eden Prairie 895O Eden Prairie Road Eden Prairie, Minnesota 553104 Subject: Schoenfelder Pond Dear M . Uistad: We would like to request a Public hearing on the. Scheertfe1 der Planned Unit Development to be schedule for the July 171fi Council Meeting. We believe that our proposal is excellent for the property and a benefit to the City of Eden Prairie. Thank you. Respectfully yours, Mc COMBS—KNUTSON ASSOCIATES, INC. Dickman C. Knutson, B.L.S. DCK:Jl cc: Mr. Schoenfelder • F ) J MinutcapolTs-HUIC ins,on-Alesgndria-Giratilta.Falls pnuten un ICCpcitd pe,, .' _'i wee • MEMO • • TO: Mayor Fenzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer ' DATE: June 15, 1979 SUBJECT: Change Order 1, I.C. 51-334 Extension of paving on Singletree Lane • The attached Change Order has been prepared in response to a petrt'ion received from John Teman and Manfred.Ueckman .regoe+$ting that t1W.paVifl4 on Singletree Lane (E/W road between T,H, 169 end-Eden Road past A Q site) . • . be extended an additional 225' to meet the easterly edge of 'Eden';,Rlracd: The original petition asked for paving only to the westerly line of.the . AMOCO property. This additional paving will provide better access to the . the signal on T.H. 169 for the residents along Eden Road. Recommend approval of Change Order No. 1 to I.C. 51-334.in the amount of $15,082.75. .. CJJ:ich r spy d i CHANGE ORDER NO. 1 DATED June 14. 1979 AOJ£CT• Storm Sewer and ENGINEER'S PROJECT NO. Street Improvements OWNER: City of Eden Prairie CONTRACT DATE: June 5, 1979 OWNER'S PROJECT NO. I.C. 51-334 TO: NORTHERN CONTRACTING CO. , CONTRACTOR You are directed to make the changes noted below in the subject contract: 'OWNER: CITY OF EDEN PRAIRIE BY: • DATE: Nature of the Change: Construct 8618 Curb & Gutter and surface Singletree Lane with 10" thick aggregate base CL.2, 5" thick bituminous base course (M.H.D. 2331) 3" thick bituminous wearing course (M.H.D. 2341), tack coat & sodding; Alleaccording to line and grade as shown on Plan Sheet No. 7 and schedule of established approximate quantities. The changes result in the following adjustment of contract price and time: Contract Price Prior to this Change arder $ 257,052.12 • Net (Increase) (Decrease) Resulting from this Change Order $ 15,082.75 Current Contract Price including This Change Order $ 272,134.87 Contract Time Prior to This Order 159 Calendar Day:. • Net (Increase) (Decrease) Resulting From This Change Order - Calendar Days Current Contract Time Including This Change Order 159 Calendar Days The above changes are approved: , The Above Changes are Accepted: City Engineer "M1 Engineer Contractor ay:ay: • DATE: • • • • CITY OF EDEN PRAIRIE CHANGE ORDER NO. 1 APPROXIMATE QUANTITIES 1: I.C. 51-334 • •CONTRACT ITEM DESCRIPTION UNIT QUANTITY CONTRACT TOTAL UNIT PRICE ANf001AT .:;-:: 8-6 - ' Aggregate Base Sq. Yd. 1000 3.50 3.5t10-QIt Place, Cl.•2 (10" thick) 8-7 5" Thick Bituminous Sq. Id.. 900 5.20 4680- Base Course • 8-8 3" Thick Bituminous Sq. Yd. 900 3:95 3v55.00 Wearing Course 8-9 Bituminous Material for Tack Coat • Gal. Tr2 2.25 . i I*Ii? 8-14 Concrete Curb 8 Gutter' L.F. 455 6.TS 31 .25 (Design B618) B-17 Sodding Sq. Yrl. 46 2.©O 92.00 TOTAL $15 O82.7f- • • • . , ,,,- ; -:.-- ,----'i;-_2.,-,,',',..','.:],,,:--,.,..,:', I2,::::',7?:":„:•-1-''..,",:-',-':-2 •••• --•--.7:- ..,_ ,:,• ..--::,.' .--•;::%`.:.;:.-''., -:-.:_::....,.4::,'..:-2..:,:'-:::,.:::.::—;;;;:z.,..,,;;;;—.--,.::.;.;,::,,v.-..:"7.-,7:,,',',4,4*,--1"'....,.....T;,:li,._:.:,..,..,. - . ,, - ' . 'L :" ''''-i,7.1.'.:,,,::::-..'"."".,;--:'._:".,:-::-,--,'-.., '"-,-...:"..,..7 ,' ,',1•„;,•.." 7-7.7.,---''''L.-..•-•,'"'-..:--:-'-,'''' i -.;'",_:'• " ;;:',..„'-,,,.,':',,:. ."- -`• -.IL.. .-:.-.:',-.,L. , „ ., ' ' - . • • ',,, ',„ .".7'.7' ::', -":-..'' -',.:..,1'.'-;--'-''''.."2.:'. :',-;r:', .-,..-,-,:,„:„..-_'3 - ;.,- '• '. -' . ,, -' - . 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'•.:';J:,'' ::: •.'":""'...',...-••. ' . • • . ., b . , , . _ ftl-:-'.;:f.,:`,",::::7:",-":-•"-,•,'--'-t-' . '" ' 7 it •/` f / 'tt!/Jx.G,�+..'.• t, l,,,,..71.. x.7,.:J`(::'-f'�.� 1w.,f!,4-:.ri':a:, f. • ;�LGc C':? ? ds�.'. _7c ;j/i:'t.J...:.la /. ' ""'. ..• 1 '.f: " ( 'C cd �/J/j:f( .4�.-' r>t r�. 'ist.,•�:.rt-rsl • C_• :;^ 'L:' 4P •�: et it /.5.f7 id Z,r r�6 J•' ?• •°r',(.'.L. 1 -t` ..;ssi, -'.fi Jf%r':ar ••/:?'4Li�yit A 4 r,--�,'C7' , etR' e -,e.. "' '! -t',.Y,.�^ti A 7 1,...f.7 :..at -. - i!,iL CGG •'LY• • .$!� /� ! . •�i"•/,—t • S['A'1:4 ,-Zr ,.rS� ter G i.j''f 1 Etd.i ,:y�{it .7llL P 7— • .1 'f.. lri r r if/L�yc 2rt • / ..a s k . a.-"'; i • fl ,St - •• - : ". • "•.' • . . . , , • • • MEMORANDUM TO: Mayor and City Council Roger K. Ulstad, City Manager • - PROM: James E. Jensen, Park Planner 4% DATE: June 14, 1979 SUBJECT: Program Amendment for Urban Thannopin County Community 17, Development Block Grant -.- Years III and IV of the Community Development Block Grant each had 83,000 programmed to help defray the cost of administration on the Preserve arid.E-tionvale neighborhood park projects. This money was never billed for flue to lacic of documentation for the administrative time. Milt Resolution 79-118 a program amendment will make this 86,004) available for use in remodeling and contraction at the Eden Prairie &rule/.Citizens Cantor., , • .,• , • • JEJ:md • • • • • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, NINNESOTA RESOLUTION NO. 79-118 •`• A RESOLUTION APPROVING AMENDMENT OF YEAR III AND YEAR IV URBAN HENNEPIN COUNTY COI4 UNITY DEVELOPMENT BLOCK GRANT APPLICATION WHEREAS, the $6,000 in funds to be transferred were programmed for administrative time at the Preserve and Edenvale neighborhood park projects, . and ;- WHEREAS, the funds were never billed, for under administration, and WHEREAS, the program may now be amended to allow the Rands to be used for construction purposes. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council does . hereby grant approval for the amendment of Year III and Year IV tlrt an:Hennepin County Community Development Block Grant Application to be'used for the Eden w' Prairie Senior Citizen's Center Project and that said project will be..a multi-year project. ADOPTED, by the City Council of Eden Prairie this 19th day of June 1979. Wolffaag`11. 'Penzel, Mayor• ATTEST; John D. Frans, CityClerk SEAL • • • EDEN PRAIRIE PLANNING COMMISSION . MINUTES .approved . MONDAY, MAY 14, 1979 7:30 PM; CITY HALL • COMMISSION MEMBERS PRESENT: ChairmanL tt illiamGBearman,e Ciz izyRetterath, Torjesen, Virginia Gartner, and Oke • Martinson • • COMMISSION STAFF PRESENT: Chris Enger, Planning Donna Stanley, ofrector Planning Secretary PLEDGE OF ALLEGIANCE - ROLL CALL • I. APPROVAL OF AGENDA Director of Planning Enger explainedthat the Olson-Pavelka request has been withdrawn. The residents have teen notified of the change. MOTION: Torjesen moved to approve the Agenda as published and amended. Gartner seconded, motion carried unanimously. II. MINUTES OF THE APRIL 23, 1979 MEETING The following corrections were requested: Pg. 2, para. 1, sent. 3, add "plat" after"proposed". 9. 2, para. 4, sent. 3, add "approximately" before "one-half acre"; add if the dedicated space was included in the computation" after"size". Pg. 2, para. 8, add "and the proposed City Shoreland Management Ordinance" • after "Act". ,� Pg. 4, para. 4, sent.4-6, delete "He explained. . .good planning". l'2. 7, para. 6, sent. 1, correct sentence to read "Bentley inquired whether a request for variance on outside storage could properly be acted upon by the Planning Commission". Page 7, para. 7, correct paragraph to read "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." MOTION: Retterath moved to approve the Minutes of the April 23, 1979 meeting as published and amended. Bentley seconded, Notion carried 6-0-1, Martinson abstaining. . III. MEMBERS REPORTS None. IV. REPORTS AND RECOMMENDATIONS A. EDEN PRAIRIE ASSEMBLIES OF GOD CHURCH, request to rezone 10 acres from Rural to PUBLIC for the construction of a church. The site is located in the southwest corner of Co. Rd. 4 and Duck Lake Trail A continued Public Meeting. The Planner explained that new grading.plans have been submitted approved Planning Commission Minutes - 2 - May 14, 1979 A. Eden Prairie Assemblies of God Church. . . .continued Public Meeting. (font') by the proponent, after meeting with the neighbors and working with the ;. 1 Staff. Pastor Ona, Eden Prairie Assemblies of God Church, explained the changes made in the plan. Berming will be placed around the parking lot and the lot will drain toward County Road 4. Mr. Lundahl, Architect for the Church, and Dave Olson, City Engineering Department, have worked together to de- sign a catch basin 1 ft. lower than any of the neighbor's lots, via a • 15' pipe running to the lake. He explained further that it will be subject to receiving an'easement from Mr. Stodola, whose property would be affected. Martinson inquired whether the catch basin plans met with Planning Staff approval. The Planner responded that the finite details would have to be approved by the Riley/Purgatory Creek Watershed District. He feels that the storm sewer for drainage is acceptable, but that it would be subject to Mr. Stodola's approval. He explained that if this approval is not given, the southwest corner of the Church property would be lower than the south corner, directing drainage flow toward Co. Rd. 4. Bentley questioned No. 3.of the Staff report, whether additional right-of-way along the south side of Duck Lake Trail will be necessary for realignment of Duck Lake Trail. The Planner responded that they have not been able . to work on this yet, but he is satisfied that it will be accomplished. ( Pastor Ona responded to questions on the use of the portion of the land originally planned for athletic fields. He explained that the parking lot • may have to be extended if an addition is put onto the Sanctuary, but presently do not have any specific plans for that portion. Levitt noted the neighbors' disapproval of use of the land originally shown as athletic fields on their plan, and asked what the Church's feelings were about this. Pastor Ona responded that the Church could live with this restriction. Steve Kleiman, 16570 Baywood Lane, requested that the Architect explain the additions to the landscaping plan. • Mr. Richard Lundahl, Architect, pointed out the location of the four hedges and trees planned for the site. They would go along with any suggestions by the City as to species to plant. Lundahl distributed photos of the lights they were planning to use, and explained that the disbursement would be such, that Kleiman would see only a cone, rather than any light. Mr. Gary Reynolds, 11630 Baywood Lane, suggested that an alternate to the storm sewer draining into a natural lake would be to explore the possibility of drilling holes below the clay and adding sand, so the water would be soaked up rather than going into the lake. He requested that this plan be considered for environmental purposes and also to save the Church some expense. The Planner explained that the Department of Natural Resources is aware of this procedure, but have discouraged replacement of water into the ground. He explained further that upland storage ponds allow for slow release into lakes and the Watershed District may require a small drainage area. 1(.l 1 M approved Planning Commission Minutes - 3 - May 14, 1979 ( A. Eden Prairie Assemblies of God Church. . .continued Public Meeting (cont'd) r 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. G: 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 1-2 Park. The site is located west of the present Stewart Sandwiches building at 16101 West 78th Street. A continued Public Meeting. M . Max Kettlewell, 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 connnents 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 1-2 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. ii, . 0 • • • • • • • approved PLANNING COMMISSION MINUTES - 6 - April 23, 1979 (6 MEMBERS PRESENT, Martinson absent.) E. EDEN PRAIRIE ASSEMBLIES OF GOD CHURCH, request to rezone 10 acres from ' Rural to PUBLIC for the construction of a church. The site is located in the southwest corner of Co. Rd. 4 and Duck Lake Trail. A public meeting. • • Mr. Richard Lundahl, Architect for the project, made the presentation for the Eden Prairie 4ssemblies of God Church, explaining their concern with' the drainage from the parking lot and their intention to change the slope of the parking lot more to the east. They are proposing to light the parking lot, but definite studies have not been made. They are willing to comply with any of the requirements within reason. • Levitt inquired what the field space plans would be. Lundahl responded that football, baseball fields and tennis courts were in their Master Plan, but would not be constructed at this time.. They intend on landscaping the area to the south. Levitt questioned what the tight line was to neighbors to the south. Lundahl responded that it is Practically flat. Bearman questioned whether the other 50% of the land not used for the church building and parking could be used for single family homes. He pointed out that the soil was not suitable for the building of homes. • Mr. Steve Kleiman, 16570 Baywood Lane, expressed opposition to the plan because ' • of drainage plans, the water will not be absorbed into the perking lot surface, and that there will be a lot of run-off. He also expressed opposition to the game fields, with noise that would be generated, and pointed out that there is no access through the properties to the south and also no access for the children wanting to go and play softball etc.. • Another resident suggested moving the recreation area away from the existing homes. Bentley inquired whether detailed grading plans had been submitted with the plan. The Planner responded negative, and suggested the proponent prepare a master grading plan along with a landscaping plan. • Pastor Wesley Brooks, Eden Prairie Assemblies of Cod Church, agreed to submit the re- quested information, explaining they would'not want to grade the land in a way that would be bad for the neighbors. They had a neighborhood meeting previously, with only three residents in attendance. The Planner explained that in this type of situation, lighting could be very critical. Mr. William ticKewan, 16730 Baywood Terrace, also expressed concern with the direction of the drainage flow, explaining that as it is currently proposed, it will end up sitting in one area. • MOTION: Bentley moved to continue the Public Meeting on Eden Prairie Assemblies of nod Church to May 14, 1979 until questions on lightino, screenings,&landscaping arc answered and wittrsubmissionand consideration of more detailed drainage lighting and screening plans. Gartner seconded, motion carried 6-0. A ..�, 1 .*4-''..... T '': STAFF REPORT TO: Planning Commission( FROM: Jean Johnson, Assistant Planner t-' THROUGH: Chris Engel*, Planning Director • DATE: - April 12, 1979 PROJECT: EDEN PRAIRIE ASSEMBLIES OF GOD CHURCH LOCATION: Southwest corner of Duck Lake Trail and County Road #4 REQUEST: Rezoning from Rural to Public for church . and Sunday school facility 1 BACKGROUNDlLAND USE : 1968 Comprehensive Guide Plan The 1968 Guide Plan depicts this. 10 acre site as low density residential. 1973 Eden Farm PUD & Rezoning Shelter Homes Corporation received PUD Concept approval on a 185 acre site ( see figure 2 ) for single family homes, townhouses, service center, and open space uses. The 10 acre site was shown as 36 cluster single family units and a small service center. The proponents then requested and received approval for rezoning to RM 6.5 and R1-13.5 for the residential portions of the PUD. 1974 Rezoning back to Rural Because the condition of the PUD approval of 1973 was not fulfilled, " Construction within this PUD should be started in 1973 or an extension based on reasonable cause sought from the Village or the PUD approval would revert back to • the open Rural classification.", The Council, after proper public hearings, adopted a Resolution rescinding the previous PUD Concept , and an ordinance rezoning the property back to Rural. 1979 Draft Comprehensive Guide Plan The City's Draft Guide Plan depicts this 10 acre site as low density single family. . - ' - ''..• . .•:-:'.',-.": •.' -..'"..:.----,....". _- ..-..:-.-. -" ' .- ----. :....7. ''''''-'-'-':.:1 ' . : "`: ''. „,. 0 • ( ." 1. Staff Report-EP Assemblies of God -2- April 12, 1979 — .. Figure 1 - Location „ . - — ;og'phs tTs.cl•.11 Est. xikF'' t_L_,,.... •-' --* - 1 1--118 ._7o... *' 1 0--/ t ,. . 0 3I 1 A1R122 ‘ 7 - sr r 140 i • . :: .... • ,--:i;Viriiii. . ....- - -- - ...:: ...mats- ...4. • • - ..:-.-2 Figure 2 - 1973 P.U.D. s' i ....- a ........-4.„ , ( , \ -, ,- i ......( P.• ,' , 1 0 •... • " ' ...i, yi, ,..., .. 1 - . •-:.,.. . . 1 . \•N. ,/" . - ' 4•-,• / . , 6 t \ . .; It -.-i-,.,... .....‘, ; . . . s. i.:-...... .. , .... II in, 1\ \ • \ V.::::".. ...........4--- . . :' -2,-;,...,-----4,- , I a/ ' \ ,-, c/z,44 li ti ss ...:, -.... .!. t At \ v .* 1 ....-•.- ,$( ... i._ . i 1 —...... 1."--`"'-' :1 0....--,:i 2 1/ - . • --- k la i • .... , i II 0 .. A\-1•..1 L.:—:-.N:'• .1 ,11 .-.:..--i------ .\If\ Jo v ' . I l't \‘ .....‘ '•‘? ) • ..." itt ,' % -. ... , 4,.., : -- ilt I Lkz:,11\-:: % . 41;:: 11,1 ' • . ''' .."'."....., q.r....' ....\. , li'' ••:r.4 41 I i , .,,7, -of _ :ft rt..V.-... ?aligned) :1 Lake Trail ' : i. -- :-. t If i'• v•": : . I,. isl: 8 I { .1.?.. iipt 11/ 1:4 i . ,.. .. SITE e i t 3 i;ittsd 1 't:t • • Staff Report-EP Assemblies of God Church -3- EXISTING SITE.CHARACTER ( Soils , Figure ::.:'r;I:•'')lr'S':i°]li[l_ls.2' ' 197i'g'I::'l' ''"'7 ;': The construction of the church facility fl will occur on Erin Soils which are _characteristically well drained and have _ . ___a water table.in excess of 5 feet. I ,. l ' r f-The parkin lot is ro sed on Erin and DundasgSoils. proposed Soils are. I -''' \� ERIN • :;-'T 1 j ' characterized as moderately slow it-1• r i :,�1` EON ',� permeability and possible severe high �• ,• �' water table. ' k.' 11' The church's future recreational sites ; ' >1 in. 1 : , it are located upon Dundas,Cordova & Hayden U OAST ' liNYOEN-, p N• w Soils. • Cordova Soils are not suitable y .--f -- ,__,,,,,„ for residential construction without r_ extra wide footings and drain file due I- I- to the 1-3 foot water table during �•+ ^W-4 -�"'•'"'a. . . wet seasons. The area will be suitable for game space. ( Topography The site rises from a low of 920 to a high of 940 at the location of the proposed structure and parking lot . • Vegetation . The site does not have any stands of trees or brush. The principle use of the site has been for corn . OROINANCE REQUIREMENTS No minimum lot size, lot depth, or lot width are required in Ord. 135. Setbacks are: 50' front; 50' rear; 50:150'sides Maximum height of main structure is 30 feet. Conformance of proposed plan • The proposed Assemblies of God Church meets all ordinance setbacks. The elevation of the building included in the submitted material does not exceed the 30' maximum height. Variance Needed: building materials • Since the church proposes to use materials of redwood, laminated wood and masonry, a variance from Subd. 2.7, Ordinace.135, will be necessary. If a variance is not approved the church would have to use face brick, precast concrete, or factory fabricated and finished metal. JWi i • C 1 Staff Report-EP Assemblies of God Church -4- April 12, 1979 o Parkin \ Ordinance 141 requires churches to have 1 parking space per every 3 seats in the largest„assembly room. With a seating capacity of 400 in the largest room, a minimum of 133 parking spaces would be required. The churches site plan depicts 128 parking spaces in the main parking lot and 6 staff parking spaces for a total of 134 parking spaces. lighting . Ordinance 135 requires that glare from parking lot lighting not be visible . beyond the limits of the site. The proponent should evaluate his lighting plan, prior to building•permit application, to insure all lighting upon the site meets ordinance requirements. Shielded light sources will protect the residential uses to the south from unnecessary glare. • Screening/Landscaping Public uses are required to submit detailed landscaping and screening plans to the City for approval prior to building permit issuance. Although not shown on the site plan, the architects have informed the staff that the residential homes to the south will be screened through the use of a berm and plantings along the south side of the parking lot. Besides depicting screening and landscaping between the church and the residential homes to the south, the proponent will also be required to screen and landscape the parking lot from the streets. Signage • No signage is depicted in the submitted plans. . Signage requests will be reviewed through the City Building Department. No variances would be expected . • a TRANSPORTATION The church access is proposed to Duck Lake Trai14O0+ feet west of the ' Duck Lake Trail/ Co.Rd. 4 intersection. In the 1973 PUD of Eden Farms Duck Lake Trail was envisioned to be relocated to the north for a better intersection with Co.Rd. 4(see figure 2). Presently, the City staff is not sure whether a realignment of Duck Lake Trail will occur; or if it is needed, whether it will be realigned to the south or north. If the 10 acres of land were proposed for single family at 2 units / acre, approximately 180 average daily trips would be generated by the site. These trips occurring during peak traffic hours would add to the already ( overloaded Duck Lake Trail system. The church use, instead of residential, on this site will produce its maximum trips on Sundays and weekday evenings. Bike Trail The Community Services Department Staff is requesting the proponent provide a 15 foot easement along the eastern side of the property for public trail use. i1;1 • Staff Report-EP Assemblies of.God Church -5- April 12, 1979 Cash Park Fee • Churches are not required to pay cash park fee under the current City ordinance. Open Space • The field space and other recreational uses depicted on the site plan are not part of the first phase construction, but may develop in the upcoming years. FINDINGS AND CONCLUSIONS Based upon submitted material the church use on the 10 acre site will meet ordinance setbacks, height restrictions, and parking requirements. A variance will be necessary if the building is to be constructed of wood materials as proposed. The proponents must submit detailed landscaping/ screening plans for approval prior to building permit issuance. • ( RECOMMENDATIONS The Planning Staff would recommend approval of the rezoning of 10 acres from Rural to Public for Eden Prairie Assemblies of God Church based upon the following: A. That the building plans be reviewed and approved by the Riley/Purgatory Creek Watershed District. B. That variance be given from Subd. 2.7, Ord. 135, allowing construction of the church with wood materials as outlined in the material submitted and dated March 23, 1979. C. That the proponents submit detailed lighting and screening/ landscaping to the City staff for review and approval prior . to issuance of building permits. • D. That the proponents provide a 15' easement along the west side of Co.Rd. 4 for future public pedestrian system. E. That the proponent work with the City Engineering Staff to determine whether additional right-of-way along the south side of Duck Lake Trail will be necessary for realignment of Duck Lake Trail, and if so dedicate the necessary right-of-way. *F. Additions to or major changes in the proposed plan would require Commission review prior to building permit issuance. *G. That construction of permanent active recreational use not be sited south of the parking lot. JJ:jj *Modified as per Planning Conwrission meeting of May 14, 1979 Ifa4 • • • RICHARD 1. LUNDAHL , A.I.A. i ` 4RCNITECT '' 1509 IOIK PU1 It 9010 cull ',Alit p1Ofl i5Ett0*ttt)b922 29Nt 81NwitpKK1 , MIKr(S01K SS213 23 MARCH 1979 SITE DESCRIPTION THE '[EN ACRE SITE. OWNED BY EDEN PRAIRIE ASSEMBLIES OF GOD CHURCH, RISES GENTLY FROM A WESTERN ELEVATION OF 930. TO A MAXIMUM ELEVATION OF 940 AT THE BUILDING LOCATION, THEN SLOPES MORE SHARPLY DOWN TO ELEVATION 922 AT THE INTERSECTION OF COUNTY ROAD 4 AND DUCK LAKE TRAIL. THE SITE 15 PREDOMINANTLY TREELESS EXCEPT FOP THE WESTERN BORDER. THE ,'RESENT USE IS A CORNFIELD AND THE ZONING IS RURAL. eR0)ECT DF_SRIPTION AND BUILDING SITING THE BUILDING IS LOCATED AT THE CREST OF THE HILL. APPROXIMATELY 140FT. SOUTH OF DUCK LAKE TRAIL, 280FT WEST OF THE INTERSECTION OF COUNTY 4 Ar AND DUCK LAKE TRAIL. THE SOUTHERN BUILDING LINE IS SOME 310FT. FROM 16. THE SOUTHERN PROPERTY LINE. THE BUILDING AS PROPOSED IS APPROXIMATELY 13.000 S0. FT. IN AREA. THE BUILDING LOCATION ALLOWS NATURAL LIGHT TO ENTER THE LOWER LEVEL 0= THE ADMINISTRATION AND EDUCATION AREAS. THE SANCTUARY IS POSITIONED TO ALLOW S.E. LIGHT TO FILTER THRU STAINED GLASS OVER THE BALDACHINO, AND NORTHWEST LIGHT TO ENTER OVER THE MAIN SANCTUARY ENTRANCE. NO WINDOWS ARE LOCATED ON THE EDUCATION AREA NORTH WALL AS AN ENERGY CONSIDERATION. MATERIALS OF CONSTRUCTION WILL BE SIMPLE AND CONSIST OF MASONRY, RFOWOOD. LAMINATED WOOD STRUCTURAL SYSTEM AND GLASS. COLORS WILL BE PREDOMINANTLY EARTH TONED — THE BUILDING IS DESIGNED TO BECOME A PART OF THE SITE. PARKING AREAS WILL BE BERME'.) BETWEEN ROWS AND AROUND THE PERIMETER. PLANTINGS AND LANDSCAPING WILL CONFORM OR SURPASS REOUIREMENTS OF EDEN PRAIRIE ORDINANCES. PLAYFIELD AREAS SHOWN ON THE SITE PLAN ARE FOR MASTER PLANNING PURPOSES ONLY AND WILL NOT BE CONSTRUCTED AT THIS TIME. WE FEEL THE USE OF THIS SITE AS A CHURCH SITE IS COMPATIBLE WITH THE NEIGHBORHOOD AND W'LL ACTUALLY ENHANCE THE VISUAL ENVIRONMENT or THE SITE. WE RESPECTFULLY REOUEST YOUR APPROVAL OF THIS REZONING. !I:A� — Vt' . i `'� .i- •4 i9�b.ti c d r' Y e '''...,'' -'. ....44..‘",, --'''' .*'1e/ '."..... 1---\ ,,..�µti�� fl ________ . .Fit' b`Tio--•• :Y F s g;\ 1 �� _-Fe•...+ a _'. .ram i~ ? '\! gy 1 ; 4 '1 .' • \ it I • 1---' I , • tin .`�: 3�r e' • `. Y 'w 3ARf il w . • • war w :a‘ ..: . 7' . . :t+..,`- :, If:4.14-Sit . "* ". ,,,,..,....:r.., xrwr....�,,.. itLllft ;iI . lit . 1 i 1 [I. , ,,,, . : ,. ilt .....•., .:,..7:T,..r.. . 1. Y• : r it '1 , it i� 1 I i. 4: e i : . . El- ;1 4 4 2 sit .1 i1. w 4 1 //• 9 �99s lc :3s== • 2ti.:7 . , ;110.11:111111.1,1 1 '/ t' a t t 1 iI s • i a I. s1111 i t C i 4 Si • • I u r le • 0 , es u .. 5i ^6 /1 es 7,i,. t Z iI li f = 0. PCS = i s t 3 ♦ l 1 , a ' 1 c l • 2 & • • • DEPARTMENT OF TRANSPORTATION s "1 • 320 Washington Av.' South = Hopkins, Minnesota 55343ox� HENNEPIN • 935-3381 May 8, 1979 Mr Chris Enger Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie MN 55344 Dear Mr Enger • RE Proposed Plat - "Eden Prairie Assemblies of God Church" CSAH 4 - SW quadrant Duck Lake Trail Section 5, Township 116, Range 22 • Hennepin County Plat No 730 Review and Recommendations Minnesota Statutes 505.02 and 505.03 , 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 an additional 10 ft of right of way along CSAH 4 making the right of way 50 ft from the center of CSAH 4. - All access be from city streets. - 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 land- • scaping. 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. ncerely 4: ames M Wold, PE Chief, Planning and Programming J'MWJLDW:bg cc: Richard L Lundahl HENNEPIN COUNTY on equal opportunity employer 1� . . _ • • MEMO TO: Roger Ulstad, City Manager • . FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Planning Director DATE: May 4, 1979 • SUBJECT: Industrial Zoning at 13050 Pioneer Trail (Creekside Heights Developer's Agreement) (final plat called Yorkshire Point) LeRoy and Gretchen Peterson were granted 1-2 Park zoning on Lot 1, Block 4, Yorkshire Point , on August 15, 197a (._ Peterson was to commence construction of an approved industrial building on Lot 1, Block 4,(in order to carry on his existing industrial use of the property),within six months of the date of the Developer's Agreement. Mr. Peterson has not proceeded with the intended industrial building. In response to a letter written to Mr. Peterson, he telephoned and informed me that he did not intend to pursue the industrial use of the property and would remove the industrial trucks and equipment stored outside. In order to prevent the possibility of the sale of either the . --- industrial lot or the single family home separately, which could precipitate future problems, the Council may wish to proceed with rezoning of the property back to Rural. If the City Council does not have any objections, we will place the item for the setting "- of a public hearing on the May 15th agenda. • JJ:jj ' ."- : . ',!•';•• t‘i .'. "" 7. '''''"•;:- ''":- ''-* :. -7.'"'.'"::..-*-... "..:'.':::',,-.::•7'..',.....-:.,...2 .".',...:*.." ''": '. -' . ' ',, 2.* .- . .. • .. .. ... , ,. . • '-'-F • ,,, ... •• ,.. -•• . •- . .. , • - • ,. .0 , .. . ' • 6 -I, . . . . • '4i .-i;-• . ... ,,A.\ • .. ( ,,;C, ,j, • - ,. ' ;t. 0 • . . .)R \ t ..<,\ . * '.-.. • , ‘, :',.:-..'' tt‘ V‘ • i ' •-.1. .' • . : 3 - '. 9 •• ., to . • .,,..i. . • ••••••:: . . . .> -. . • • ..• •• . 7 _ . .. . "...:''...\\\\•.. •.. '. ....-..,,,, ...) . . .. . ' ';-'. ' ‘4, • ,. . ... . . ..." -.. :. .:..' . • . • %, 6. • . • ,-,:=.-,-.. . • ... . • . .. • . . - .. •,.- . ' PETERSON .. .. ', ..... •- C HOME . . . .• . ,. . -- . .. , ... . .. ..,• •2 . 4 \ -- - • • . 4 3 .. • I 8 - - . . • ' . -:::: — . ,ui • ,_ : _______--•--•- . • .... . . Rural '. 3 : . . _. - il.s _ -I u) .. 2 1 •• •• - . . . ,' 2 .•• : ----::::-L--------- •,. .1. 10 ' ' ' ..:.:: • -o . . .... •• • o >- ... , .., INDUSTRIAL ,: ----.-. ; .. • _. .. • ' - ' ":'• 1 . ..•.•.-., " ,.• .• ' '. • -.--- .,,.i co. PLO ,2. , ' .-f (}4Eistr•• A,87')-$.5'" ": 1. - . 'f'• • • LOT . ,.,._-. . 1\10 \ •7.50.p:/257/0 -- • , •:-• • • ,- • tj/6 i vart P'•1() C•06". •. ,-° 5/ , , .„.. • . . . ,...•. 0\-)" 58 -. • ... • C , 183 - . ' 17''• . ., ( ri N/Li '' . •: .. ..—„ . • ••••7:-.7*.** 2*;1:• ''..;*.•4.•••• i • " * ** -'.', , :.-7=7•.:..-•7 --''''". - '. ' •. -',;:*-- ',.: ' 2::;;^-;:‘:-;'*::::".,-'... * ''''.-1'.;'''". '-'-'•''''.'-*"..'"':''',.''ilr•-'''':--.**.:::!.:''..::*-''.j...',...* . ' * ' '. *"' ••:' ':.:"."-:-'.-"*.-.".‘r'''''''':;`,.•4;.*'7:.'•t'',..:*';'.....'”";.''*:''.* -2'' 1' • ;ITT OFFICES!8950 EDEN PRAIRIE ROAD f EDEN PRAIRIE,MINNESOTA 55344/TELEPRDNE 01123 9414262 15 April 9, 1979 Mr. & Mrs. Peterson . - 13050 Pioneer Trail Eden Prairie, Mn. 55344 • Re: Industrial Use at 13050 Pioneer Trail • Dear Peterson's: • According to the Developer's Agreement between yourselves and the City, on page 4, -:-; "17. Within 6 months of the date of this Agreement, Owner shall commence construction of an approved industrial building on Lotl, Block 3, depicted on Exhibit C, in order to carry on his existing industrial use of the property," Iodate the City has no record of your application for such a building. Please inform us of the status of this item within 14 days. Thank you, :::""?.12 4}, Jean John?7'13-4"'n""4-441-1.--"1 n, Assistant Planner i ..---' { li i ly !^ ..__. 3 ` DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into in triplicate as of August 15, 1978 by and between LEROY E. PETERSON and GRETCHEN D. PETERSON, husband and wife, and SOUTHWEST TRAIL INVESTMENTS, a co-partnership consisting of HUSTAD DEVELOPMENT CORPORATION, a Minnesota corporation, a general partner, and DEAN BUNTROCK, a general partner, hereinafter referred to as "Owner", and by the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter re- ferred to as "City", WITNESSETH: WHEREAS, Owner has applied to City to change the zoning from Rural and 1-2 Park to R1-13.5 of that land described as parcel 1 on Exhibit A attached hereto and made a part hereof; and from Rural to 1-2 Park of that parcel described as parcel 2 on Exhibit A, all of which is hereafter referred to as "the property", and WHEREAS, Owner desires to develop property as 27 single family modest cost lots and 1 industrial lot. NOW THEREFORE, this Agreement witnesseth that for and in conside ation of the Mayor and City Council of Eden Prairie adopting Ordinanc* #78-37 changing the zoning from Rural and I-2 Park to R1-13.5 and 1-2 Park, Owner covenants and agrees to construction, development, and maintenance of said property as follows: 1. Owner shall conform with all planning, architectural, engineering, landscaping, fee and building requirements of all city ordinances. \, 2. Owner shall develop the property in conformance with the material dated May 25, 1978, reviewed and approved by the City Council at its August 1, 1978 Meetingattached hereto as Exhibit II, and as amended by I • Agreement-Creekside Heights Page 2 3. Owner shall offer for sale and sell no fewer than six single family homes to be donstructed on a portion of the property for less than $40,000 and the remainder of the single family homes to be constructed on a portion of the property for less than $50,000. 4. Owner shall, immediately after filing the plat, deliver to the City a warranty deed conveying to City go od marketable title free and clear of all mortgages, liens, taxes, and assessments, the land described as Outlot A on Exhibit C, outlined in red, attached hereto. Owner shall—file the warranty deed in the office of the County Recorder or Registrar of Titles, and shall deliver to City a copy thereof with the filing data thereon. 5. Owner shall construct a 6 foot wide bituminous trail beginning at Creekview Circle and running northeasterly between lots 10 and 11, on a 10 foot wide area included in Outlot A depicted in red on Exhibit C, to the point of intersection of the back lot lines of lots 10 and 11, and from that point owner shall construct 6 foot wide steps, or a 6 foot wide blacktop trail (trail not to exceed 10% in grade) northerly to the 820 topographic C contour.[A totlot shall be constructed in the general location as shown in green on Exhibit C which shall contain swings, slides, climbing structures, acceptable in design and construction to the City Park and Recreation staff. Owner shall further construct a 6 foot wide ',. limestone trail, 5 inches deep compacted from the tot- lot area to a bridge crossing Purgatory Creek as shown on Exhibit C . Said bridge to be designed and constructed by Owner subject to review and approval of City Park and Recreation staff. All trail, steps, totlot, and bridge construction shall be completed at time of site grading and utility construction J 6. According to Ordinance 332, the cash park fee shall be waived in lieu of the dedication of and construction of facilities described in paragraph 5 hereof. This agreement shall not imply the waiver of cash park fee provisions of Ordinance 332 with respect of all other property in the Hustad Office PUS 7. Owner shall ateel-et a 16 foot driveAbetween lots 3 and 4, WO, Block 2, as described in Exhibit C, to provide access to the existing single family lot of Mr. & Mrs. Leroy LY Jy� Peterson, Lot 2, Aloe Exhibit C. Owner shall convey II �• d r `'the 16 foot drive o� & Mrs. Leroy Peterson or the V" then owner of lot 2, Block 3, Exhibit C immediately upon filing the plat. The said plat shall be consistent with City Engineering requirements. f!.`7 Z. Agreement-Creexsiuc nCiyuLa Page 3 8. Owner shall dedicate to City and the Public alstrip of with and the property, 10 feet wide: 'exte»ding p araladjacent to Co.Rd. 1 for trail and such other Depublic on ired y the shall purposes be included in the ufinal bplat. City. All assessments levied against the 10 feet of property as shown in Exhibit C shall be paid in full by Owner prior to final plat approval. Prior to dedication, transfer or conveyance of any real property or interest therein to the City as prov dedd- herein, Owner shall deliver to the City an op' dressed to the City by an Attorney, and in a form, accept- able to City, as to the condition of the title of such . property or in lieu of a title opinion, a title insuranct policy insuring the condition of the property -or therein in the City. real property or any ` , The conditione of the title oat transferred therein to be deedicateedd,, or conveyed shall be such to City as may be provided herein by as shall, upon such dedication, transfer or conveyance vest in City good and marketable title therein free and t clear of any mortgages liens or encumbrances. Owner shall rough grade in trail bed after utility con- voh/T struction is _c'1om_p accolr'.di}n o ne, require- frApfr°mentss t W iA 'ice 9. ! Owner shall submit plans for utility shed construction and placement to the City Planning Department for review and approval prior to the second reading of the eh otrdie nance. Utility sheds shall be erected concurrently ouse if a garage is not built. 10. Owner agrees not to further subdividemaie Loot in Rl Block 1 3Dastrict depicted on Exhibit C, ich zoning. 11. owner agrees not to plat remaining acreage in the Hustad • Office PUD area into similar sized small lots. 12. Owner shall obtain a grading and land alteration permit from threek erosionecontrolP plan tmust ory eacco panyrthed District. Rile permit applica- tion and also be approved. ( 13, Owner shall submit a storm sewer plan to the City Engineering Dept. and Watershed District for review and approval. Consideration shall be given eto a carry- ing the discharge from the small ponding Purgatory Creek. Details of the ponding area must also be provided for review and approval. • • Agreement-Creekside Heights Page 4 14. Owner shall remove all diseased trees during initial grading of streets and utilities as per the City Forester's recommendations. 15. City, in order to provide opportunities for low and modest cost housing, grants Owner the following' variances from City ordinances pursuant to the pro- visions of Section 11, Ordinance 135 for the property described as Parcel 1 in Exhibit A: A. Owner may plat lots and construct single family residences exceeding the. 2 units per acre maximum of Ordinance 135 to the extent of 4.3 units per acre, excluding from the computation the portion of property described as outlot A on Exhibit C, or in the alternative, 2.9 units per acre if the property described as outlot A on Exhibit C is included in the computation. B. Owner may final plat lots less than 13,500 square feet in size, but not less than Pe`, square feet. S C. City grants Owner variance to allow lots not less than 52 feet wide at a point intersecting with the front of any home constructed thereon and shall be no less than 45 feet wide at intersection with street right-of-way line. • D. City grants Owner the following setback variances from Ordinance 135: 1. front yard setback 20 feet 2. side yard setback 5 feet either side 3. rear yard setback 5 feet for garages, if any 16. The existing home of Mr. & Mrs. Leroy Peterson situated on Lot 2, Block 3, on Exhibit C, shall be connected to sewer and water at the time of construction of the in- dustrial building as provided in paragraph 17. 17. Within 6 months of the date of this Agreement, Owner ' shall commence construction of an approved industrial building on Lot 1, Block 3, depicted on Exhibit C, in IL order to carry on his existing industrial use of the property. • 1 .,97 L Agreement-Creekside Heights Page 5 .-::: 18. Owner shall submit a detailed landscaping and screen- ing plan to the City Planning Department for review and approval showing screening of the industrial use • on Lot 1, Block 3, Exhibit C, from the surrounding single family homes prior to issuance of building permit. be 19. The industrialt subject timeofthe building acre permit ash permit issuance. 20. All sanitary sewer, watermain •and storm sewer facilities concrete curb and gutter and bituminious surfacing, whether to be public or private, shall be designed to city standards by a Registered Professional engineer and submitted to the • City Engineer for approval. The Owner, through its engineer, shall provide for competent daily inspection of all street utility construction both public and private. As built drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with specifi- cations shall also be delivered to the City Engineer. The Owner also agrees to pay for all City fees required. The Owner prior to final plat approval, shall provide a bond :::.,' or letter of credit in such form as shall be approved by the City and which guarantees completion of construction and payment of costs thereof in an amount no less than the estimated costs of construction plus 20% of all street and/or utility systems to be owned and maintained by the City. The City shall accept such street and/or utility system subject to recommendations of the City Engineer and subject to receipt by the City of Owner's warranty, guarantying such systems against any defect or defects therein for a period of at least two years, together with a bond or letter of credit in the amount of 25% of the cceptable .. tcots. or such sytems in such form osandfcontainingssuch further terms aass s shall hall bbee arequired by the City. 21. Owner shall file this Agreement with hthe ARRegister ter oftDeeds and supply the City, with a copy of information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. ''':'!! 22. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of IL filing in accordance with paragraph 21 herein, Ownerrfor nit- self, its successors, and assigns shall not oppo of said property to Rural. Jl, i • Agreement-Creekside Heights • Page 6 ' ::;?!. :. ti 23. Provisions of this Agreement shall be binding upon and 1 enforceable against Owner, its successors, and assigns • of the property herein described. • "i 24. Owner represents and warrants it owns fee title to the j property free and clear of mortgages, liens or other ..1.: encumbrances, except...: IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed the•day and year aforesaid. CITY OF EVEN PRAIRIE, a municipal corpora f p7 *sotL 8y _g H. enze , Its M r oge K. U1stad,�Its Manage7; STATE OF MINNESOTA ) } SS. COUNTY OF HE'NNEPIN ) The fore oin instrument was acknowledged before me this day of e J, 1978, by Wolfgang H. Penzel, the Mayor a by Roger . U stad, City Manager, of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. OWNER /' • .ems""-'3mwF iir ..w, },e pdt}/e9 .,.."--1 . //caT3' ai _,,,, ifice..„ ,, ,, Gretchen U. Peterson SOUTHWEST TRAIL INVESTMENTS, a co-partnership consisting of C Hustad Development COrPOratieunt a Minnesota corporation, a general partner, and Dean Suntrock, n general partner. z , r= 1 Agreement-Creekside Heights { Page 7 . l HUSTAD DEVELOPMENT CORPORATION, a general partner '/ • BY I iTL a a H. Husta President . Qr_.............. KL--144-6/C Dean Buntrock, a general partner • STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) 47 r The oretgoing instrument was acknowledged before me this day of, -17l, ,1978, by LeRoy E. Pete son and Gr tchen D. Peterson, hus an and wife. ,�I DAMES L OSTENSON _ AWLS X. t�1� (' • Y NOTARY PUBLIC—MINNESOTA No ary Public HENNEPIN COUNTY J NV COYaltNtoN motes NOV.18.1888 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) ,. Th . foregoing instrument was acknowledged before me this..2L3' ' :. day of ,- e �- ,1978, by Wallace H. Hustad, President of Hustad '':':'...''''''' Developmen Corporation, a Minnesota corporation, on behalf of the corporation, a general partner, on behalf of Southwest Trail Investment: a co-partnership. . / �r�7 ./ ' 4 • E unv eu a A.RUSTAD .k�� 11 NOTAtmv wlutc.tvn.YEsors Not y P(�c SA; HENNEPIN COUNTY ►M OommleKaw RAPIN,*MY 11.'WC STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) girt The re oing instrument was acknowledged bee me pathisr, On is day of ,- ,1978, by Dean Buntrock, a general < behalf of Southwest Trail Investments, a co-partnership. MUKO-MNN, t. Si[vSOE`.ONTA MYN• Y• UtyeB Ntary 'C M GYMtlw v... �.NO tt ",1J f i NORTHERN STATES POWER COMPANY MINNETONKA DIVISION EXCELSIOR.MINNESOTA 55331 June 13, 1979 Mr. Roger Ulatad, City Manager City of Eden Prairie • 8950 Eden Prairie Road Eden Prairie, MN 55344 SUBJECT: Transmission Line & Substation Development in Eden Prairie Through the Early 1990's Northern States Power Company (NSP) is proposing to construct a 345/115 kv electrical substation in the City of Eden Prairie, as described in our letter of March 9, 1979 (copy attached). We would like to inform the city Council of our proposal and to explain the State of Minnesota Environmental Quality Board (MEQB) process and regulations. NSP no longer has jurisdiction over the location of our transmission lines and associated facilities that ir are 200 kv or larger. The MEQB now has that authority. We would like the City Council's input as to how they would like US to proceed with the MEQB in filing for either an exemption from the NEQB regulation which would mean NSP would follow local ordin- ances or go through the MEQB full process of public hearings whereby the NEQB preempts all city ordinances. We would like to meet with you at your convenience at a Council or workshop meeting to explain the need for the project and determine how the City would like us to proceed. Therefore, would you please put us on the Council agenda so that we may explain how the process works and have the Council indicate how NSP should file with the MEQB. The information on this proposal is preliminary because planning for this substation is far in advance of actual construction and we need to acquire property for this substation before land is sold or not available. Sincerely,/erf )�I[/ G R. G. Thomas General Manager ?. Minnetonka Division ve attachment S174e_ a s g / NORTHERNMOM STATES POWER COMPANY MINN ETONKA DI VISION EXCELSIOR.MINNESOTA SS33t May 11, 1979 Mr. Roger Ulstad, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344' SUBJECT: Transmission Line & Substation Development in Eden Prairie Through the Early 1990's Northern States Power Company (NSP) is proposing to construct a 345/115 kv electrical substation in the City of Eden Prairie, as described in our letter of March 9, 1979 (copy attached). We would like to inform the city Council of our proposal and to explain the State of Minnesota Environmental Quality Board (MEQB) process and regulations. NSP no longer has jurisdiction over the location of our transmission lines and associated facilities that are 200 kv or larger. The MEQB now has that authority. We would like the City Council's input as to how they would like us to proceed with the MEQB in filing for either an exemption from the MEQB regulation which would mean NSP would follow local ordin- ances or go through the MEQQ full process of public hearings whercby_he f¢,Qlt preemotyyill city ordi sn.ce. We would like to Meet with you at your convenience at a Council or workshop meeting to explain the need for the project and determine low the City would like us to proceed. The information on this proposal is preliminary because planning for this substation is far in advance of actual construction and we need to acquire property for this substation before land is sold or not available. Sincerely, R. G. Thomas General Manager Minnetonka Division vc at t • • `• - NORTHERN STATES • POW ER COMPANY • MINN ETONKA 6 VISION EXCELSIOR.MINNESOTA 8333t March 9, 1979 • Mr. Roger Ulstad, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 RE: TRANSMISSION LINE AND SUBSTATION DEVELOPMENT In Eden Prairie through the Early 1990's Dear Mr. Ulstad: In 1968, during the process of obtaining permits for our 345 kV trans- mission line, Northern States Power Company (NSP) made several commit- ments to the City of Eden Prairie. One of the commitments was made in March, 1968, when we agreed with adopted Resolution No. 194 (copy attached) that we would never construct additional 345 kV transmission lines within the City of Eden Prairie. Northern States Power Company • made a mistake by saying this because demand for electricity has in • - creased in the southwestern portion of the Twin Cities far greater than we anticipated. In order to meet this increased demand for electricity, we are investigating locating a 345 kV substation within the City of Eden Prairie. • Need for the Facility In order to better understand why a 345 kV substation is needed in this area, I would like to explain how electricity is generated and delivered to customers. Electricity is generated at large plants such as the Sherburne County, Prairie Island and King Plants which are located some distance from the eventual consumer. There are smaller plants such as the Riverside Plant in Minneapolis, the High Bridge Plant in St. Paul, and the Black Dog Plant in Burnsville but these plants contribute only 14 percent of the elec- tricity we provide. These larger plants are linked together by high capacity • 345 kV transmission lines which serve as the backbone of our transmission system. The 345 kV transmission line such as the line through Eden Prairie form a loop around the Twin Cities. Substations are located along the 345 kV loop to reduce the voltage for immediate distribution to customers or to reduce the voltage for transmission to smaller distribution substations. The size of the transmission lines to these substations is usually 115 kV. • From these distribution substations electricity is delivered to our customers. • �i`• Mr. Ulstad 2 _ March 9, 1979 r Because transmission lines have outages (due to storms, maintenance or equipment failure) it is necessary to have at least two sources (trans- mission lines) to major substations in order to ensure service reli- ability with near continuous supply of electricity toour ricustomers. This is accomplished by either constructing from the major 345/115 kV substations to a distribution substation such as Westgate, or constructing higher capacity 115 kV transmission lines between distribution substations. In the southwestern area of the Twin Cities the major 345/115 kV sub- station is located at Parkers Lake in Plymouth. From this substation . 115 kV transmission lines serve distribution substations again such as Westgate in Eden Prairie and Edina in Edina. To review the service areas, see attached Exhibit "A". At the present time the 115 kV line from Porkers Lake to Westgate is located on one side of the 345 kV structures through. Eden Prairie. These structures are designed for two 345 kV lines but currently one of the lines is energized at 115 kV and it is this 115 kV line that goes to Westgate Substation. In order to supply a second source to the Westgate Substation, an additional 115 kV line connects the Edina Substation to the Westgate Substation. At the present time the major source of electricity to the.western portion of the Twin Cities is Parkers Lake Substation. A smaller amount of capacity is provided by the Black Dog Plant. By 1985, the load in the southwestern portion of the Twin Cities, (Eden Prairie, etc.) is expected to be 800 MW or more. We estimate the present load to be 620 MW. . Not only is load growing in the southwestern portion of the Twin Cities but also all along the west side of the Twin Cities. Presently Eden Prairie is one of the fastest growing communities in the southwestern part of the Twin Cities. The City of Edina is an established . community and currently has an electrical load growth rate of 3.5 percent. In contrast, the City of Eden Prairie is experiencing much development which has resulted in an electric load growth of 9 percent in recent years. We expect this trend in Eden Prairie to continue in the next several years. By 1985 Porkers Lake Substation will not have the capacity under emergency conditions to supply the western system's needs, including the City of Eden Prairie. Therefore, a new source will be required in the area with the following proposed substation locations he outlined on the Exhibit "B". •• Mr. Ulstad - 3 - March 9, 1979 Plans for Mid-1980's The plan would be to construct a 345/115 kV substation in Eden Prairie and connect it to both the Westgate Substation and the Edina Substation I with new high capacity 115 kV transmission lines. Since the 345 kV k line and the 115 kV lines cross near Highway 5, a substation near this location would greatly reduce the need to build more transmission lines. The existing 115 kV transmission lines would be rebuilt in place, thus eliminating the need for additional 115 kV transmission lines. We have located three possible sites near the junction of Highways 5 and 494. These sites are shown on the attached drawings. The three sites are zoned either 1-2 or P.O.D. and NSP would be able to eccamrodste. a substation on any of the three sites. The new substation will be re- quired in 1985-86 with the existing transmission line upgraded in 1987-89. w The 115 kV lines will be carried on single shaft steel pole except at angle points. The total cost of the project will be approximately $4,600,000 with approximately $180,000/year in taxes paid for this facility. Our main purpose in coming to the City now is to seek approval for property acquisition for the substation and your approval to reconstruct the existing - transmission line at a later date. Regulatory NSP no longer has jurisdiction over the location of our transmission facilities that are 200 kV or larger. The Environmental Quality Board of the State of Minnesota now has jurisdiction of the location of transmission or associated facilities 200 kV or larger. The location of this new substation must either be approved by the MEQB or exempted by the MEQB. If it is exempted by the MEQB, NSP must'conform to the regulations of the local unit government. If it is approved, the state siting law provides that local land use regulations are superseded. The state siting process can take up to 18 months for approval. NSP has the option of applying for either an exemption from the MEQB or going through the siting process. We would like to discuss these options with you in more detail at a later date. We hope this information in beneficial to you. It is preliminary in nature because of the uncertainties in planning a project this far in advance of when it is needed. We would like to meet with the council and discuss the project in more detail. If you have further questions, please contact Mr. Donald Chmiel at 330-5956. ! Yours truly, „...„.. e, c.;-/,,,„ . ...,_‘," ,.„.:„.„,„ R. C. Thomas General Manager Minnetonka Division + t'''" • • . I '' I ,, � .� , #r ,15rrch 5, 1963 • 1 fionornble 14nyor end Village Council Village of Eden Prairie 2. E1950 County Root 4 Eton Prairie, Minnoaota 55343 t G'ntlemur t i orthern Stater Pov>r Company hereby acxceo, oubj.cet to th.• following a clorificrtione, to thu termn and coiriltiona of Revolution 194 which w:ae r lopted by th7 Ed:.n Prairie Village Council on February 27, 196B: (1) Ey Jr•nuary 1, 1969, ESP will present to the Village a rlen for underc round distribution linea (not tronamieeion lines). VSP iv now developing ouch a plan for the entire Twin City Metro- politnn Area. It in the intent of thIte commitment that whet :.CP will prevent will be this metropolitan elan, ineiuling itu applicability to Elan Prairie. (2) We nuggent that your Village Planner be detorpted the reepon- • . eibility for developing the landecnpe planting around atructuroe r.^_:ar home or at other critical points on the right of way. We arc willing to finance such reacoivible projects se may be mutually . . agreed upon endue are acceptable to the fee owner°. • I (3) We agree that we will not con trust any additional tranmaiaeion linen of 345 kv or higher voltage through the Village of Eden Prairie. It in the intent of thin, corioitment to preclude the ari•tcniaar or notifi.:ntion of thy• approved right of way to permit cow'tru.:tion of a parallel line of tom re, no well an the construction of overh,nd lineo on nay other a:prrate route within the Village itself. . (h) If o r:cond i njor aubototion in construct•• in th- Vlll •ce during the neat fifteen yoare, a:ad cubetotton will bt located ..... ..'..:::.''.•':'''''',1''''' g merally in the math_ant .tundr'nt of the Ming., rn4 th•.• trrnrrairciou Linen nxreaary to connect tlalr eubntatiam .rill trnvree the Village either in a north-south dire.-tion or ran cost-wet direction, but not both. That in to a-y, a line. soull come into thy: rubatntion from .•ith:r a north or aa^t direction and uoul'l leave th, subrtntion in either a south or cast 01r.,etion. Min wane that thrr• woull be only on, lin•, P. with the rubrtntioa 2.1ating along Ito rout-. • iI') I • 4 •' Y _;; iz.t t t {� wit':: 2 ra~b ~ � We will submit a revived plan end profile within a few days end arrange1.T • for iueunnce of a building permit. This plats and profile ii being coo dinated • ?. with your Village Engineer and Pinner oo that when aubmittod it vUl accarete73,7 1*` T�' ' , reflect your desired route modifications. In the lnterevt of times cons ueti ^: • ,, is continuing in those arena unnffeoted by otructere start route ohans.a.a M r< * Let'to again exnreao on behalf of the sw our deep npprct;Sa43on f� ' we feel is a reeponeibile and aecponolve'decision._ - ,f l ` qIr % � T rats{' rt ,r i' erQ • :• �+.i e r ' e �:.l+� * s• 'sir " . Rotumader « Vine President Ofg mannerr f+ n• T7�i ':d¢t � k.' t • «f ytt . • • t' fi . • • A. • f C ` • ."axe ,J d pi-Jr:+ r+ • • _ r•- - t R1Prte..._(ea jnAutio—.t' . r► v P James C. Brown introduced the following Resolution and moved its edoptio• �it • VILLAGE OF EDEN PRAiRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 194 A RESOLUTION GRANTING A BUILDING PERMIT UNDER ORDINANCE NO. 35 AND A SPECIAL USE PERMIT UNDER ORDINANCE NO. 8 TO NORTHERN STATES P(YIER COMPANY ON CERTAIN TERMS AND CONDITIONS WHICH ARE HEREIN- AFTER SET FORTH. WHEREAS, the Northern States Power Company, hereinafter referred to as NSP, did at the request of the Village of Eden Prairie, hereinafter referred to as Village, on the 8th day of July, 1964, apply for a permit to construct a 345 KV transmission tine through said Village and in conjunction with said application has flied its plans and specifications therewith, and WHEREAS, for many months prior to this application NSP and the Village had been studying the location of a proposed transmission line through said Village, and WHEREAS, over the years many alternate routes have been studied and considered by the Village and NSP, and WHEREAS, on December 2, 1964 the Planning Comumission of the Village recomendted to the Village Council that the application of NSP as then filed be approved, and WHEREAS, the Village did on or about the 13th day of December, 1966 Adopt Resolution No. 147, the effect of which was to recommend that NSP consider installation of the aforementioned transmission lino along the right-of-way of County Road No. 18, and WHEREAS9 with the passage of time it has become apparent that any such transmission Fine cannot be coordinated with the construction of the new County JRoad lB to be constructed south of U. S. Highway No. 1,94 to the Minnesota River, and • • t • . • • WHEREAS, the Village Council did in June, 1967 again refer the question of the application by NSP to Its planner, and WHEREAS, the planner did report on August 3, 1967, on the NSP application • to the Council which report and supplement thereto ay hereby accepted as a bests for this Resolution, and WHEREAS, there is doubt as to the legal rights of both parties in this matter, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of •. Eden Prairie, as follows: • }, The application as submitted by NSP is hereby denied. 2. The Special Use Permit and Building Permit as required by Ordinance No. 35 and Ordinances No. 8, Section 5.11, Subd. 2, are hereby granted upon the following terms and conditions. (A) NSP is hereby granted a permit to construct a 345 KV double circuit transmission line within the Village of Eden Prairie along a route approximately as shown on Exhibit A attached hereto end made a part hereof and subject to all the terms and conditions as hereinafter set forth: (I) NSP agrees to use steel single pole architectural towers with upswept arms through the following areas: Between space frame tower Number 51 end 54 of pie plans and specifications on file herein and at all points lying southerly of a point where State Highway No. 169 crosses the aforementioned route to the river bluffs except whore the angles of the line exceed 2°. it is contemplated that in the area tying south of said Stele:Highway*,16,- s 1E10 • that a space frame structure will be used at a point on the river bluff and two additional space frame structures at angle points. It is further understood end agreed that architectural • towers may be used one span on either side of State Highway No. 169 depending on the recommendation of the Village Planner, Engineer and NSP. In those areas not specifically designated, it is contemplated space frame structures will be used. (2) NSP agrees on that portion of the route lying South of State • Highway No. 169 to use graduated angles (not to exceed 20) where in the judgment of the Village Engineer and Planner they can be effective and so long as said requirement does not require en adjustment in the right-of-way. • (B) By January I. 1969 NSP will present to the Village a comprehensive plan for underground distribution systems within the Village. (C) NSP agrees to provide at their expense landscape plantings around structures near homes or at other critical points on the right-of- way which in the judgment of the planner and the Village Engineer will help reduce the visual impact of the construction along the right-of-way. (0) NSP shall take those remedial measures necessary to eliminate any interference caused by the construction and operation of the proposed 345kv transmission lines to the reception of signals on the radio Cbroadcast band or television broadcast band, if there is disagrement ,J either on existence of such interference or on the remedial measurea. necessary to correct such interference which cannot be resolved. 0 • i• • • • disinterested arbitrator, whose decision shell be final, shall be chosen by the Village Council. The arbitrator must be a con- suiting engineer with recognized competency in the field whose selection is acceptable to NSP. The reasonable fees of the arbitrator shall be paid by NSP. If NSP cannot accept the arbitrator chosenn by the Village, NSP shall within ICI days after written notice of the Village selection choose an alternate, who shall be the arbitrator, unless the Village within 30 days chooses en arbitrator acceptable to NSP. All notices of the above selection, rejection, acceptance of said arbitrator shall be in writing and any and all decisions or rer+iwmwndatIons of said arbitrator shall be final. (B) NSP agrees to replace end repair damage to grass, driveway, shrubs and fences and other improvements disturbed by the construction in such a way that they will be in at least as good condition as they were found before the construction of the line. (F) NSP agrees to malce minor changes in the locations of the structures as may be recommended by the Village Planner and Engineer, provided that all such requests shall be made within 15 days after the final plans and profile are submitted. (G) NSP must affirmatively state in writing that there will be no more a; 345 KV or higher voltage transmission lines constructed through the Village of Eden Prairie at any time. By acceptance of this Agreement, / It is understood and agreed that this precludes the widening; or • modification of the approved right-Of-way to permit construction of a parallel line of towers as well as any other separate route math n the Village itself. • • . Ed1,0 • "". (H) NSP agrees that any future transmission lines out of the Westga.e Sub-station must go on or alongside of the railroad right-of-way to the west and that there will, In no event, be more than two such lines, one line going down each Of the two diagonal reliromd tracks in the western part of the Village, (I) NSP agrees and understands that should a second major sub-station be constructed within the Village to serve future loads within the Village, said sub-station will be !vested generally in the southeast quadrant of the Village and the transsmission fines necessary to connect this new sub-station into the system will be one line only, either North and South or East and West but not both. In other wards, • NSP agrees to serve this sub-station with one transmission line and no more. ,(J) NSP agrees to present plans for any future construction or modification. of existing transmission tines at least one year in advance of the needed decision date and at said thee to submit proposed application, engineering and construction times at the time of the initial applicatie The Village agrees that it will review such proposed plans within a period of 60 days from the date of their submission to the Village and to make a report to NSP as to suggested changes, if any, that might be required to have them acceptable to the Village. It is the intent of this provision that NSP must bring the Village into the planning process at the earliest practical point In route selection procedures before significant investments have been made in surveys. engineering and land acquisition. 'y j • • • • • (K) NSP agrees to change the existing 69 KV transmission line to upswept arm type configuration when upgraded in voltage and it further agrees that at no time prior to March 1, 1972 will it construct a transmission tine within the Village on other than single pole architecturally treated structured. It is the intent of this paragraph that transmission lines. constructed after March 1, 1972 wilt be acted upon by the parties at that time. (1.) This Special Use Permit hereby issued in this Resolution steel be null and void unless accepted in writing by NSP which writing will • provide that NSP will be bound by all the conditions and terms of this Resolution. Upon the filing of the acceptance of the Special Use Permit by NSP the Village shall: Issue a building permit for Said construction of the 31451ti1 • transmission line on the terms and conditions hereinbefore set forth upon payment by NSP of a building permit fee as required by Village Ordinance. No inspection of electrical transmission facilities shall be required and ►SP shall assume ail responsibility for its construction and inspection. ADOPTED by the Village Council of the Village of Eden Prairie at a regular meeting thereof held this 27th day of February, 196S. David W. 'Osterholt,Mayor of the Village of Eden Prairie J Attest: • Clerk • 114 • • (K) NSP agrees to change the existing 69 KV transmission line tO upswept arm type configuration when upgraded In voltage and it further agrees that at no time prior to March I. 1972 will it construct a transmission line within the Village on other than single pole architecturally treated structures. It is the Intent of this paragraph that transmission tines constructed after March I, 1972 will be acted upon by the parties at that time. (L) This Special Use Permit hereby issued in this Resolution shall be • null and void unless accepted in writing by ASP which writing will provide that NSP will be bound by all the conditions and terms of t / this Resolution. 7✓ Upon the filing of the acceptance of the Special Use Permit by NSP the Village shallt Issue a building permit for said construction of the 35.5 KV transmission line on the terms and conditions hereinbef ere set forth upon payment by NSP of a building permit fee as required by Village Ordinance. No inspection of electrical transmission facilities shall be required and NSP shall assume all responsibility for its construction and inspection. ADOPTED by the Village Council of the Village of Eden Prairie at a regular meeting thereof held this 27th day of February, 1968. • David W. Osterltolt, Mayor f)1 the Village Of Eden Prairie .,� Attests Clerk ••• load • The motion for the adoption of the foregoing Resolution was duly seconded by Councilman Miller and upon a vote being taken the following voted in favor of the Resolution: James C. brown • Arthur W. Miller Warren Shultz Paul L. Redpath David W. Osterholt Those voting against the motion: Norte. I Certify that the foregoing is a true and correct copy of the action of the Council. • J s C.Brownr .perk ..,., . ,/ liege of Eden Prairie Dated: / /r'(dre4 1968. • `j • i• Utz „ / 11 ' 1)t 1 ' 1 t t; 1 ) ..-" t. „) / ,4 • k i�, sue 9�� • S"S, _ t i { I 411 1 -, ..:4 a-c/-j t -i ' ': ; L.A.,.1 1 s• 4.. ..- ., % -1.6 s', , 41. l 1 , it-t ••t• .1:iy .1' —..,- • 1.t 0 \,Z.Z's Alf/ ‘.....'- '• •--. R-1 t ti :1.: ha Atu "- 'ti 1 5-2 POIPP* • t pip 6r� �tr7�� 'a • • �... °�- T.pit _. .,. ., j " " ,„_', , Istr ' " I ... , ,. 1 1 RO.0 R'1' .. 1 j 01 v9 i e 1 ! 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EDS111 / 't...ii.;* / PRAIRIE 4..,....at 't .•'‘...1 9: 1: 7 '''''''!°,11,:o " CEDIT•14 .....,-,„,..-:_,-;;f:,..) :„:„.,1 _ .....,.;,,, s.,. i , I - .1 t ii:i i'47.7.9.7.-,.." .z... 4."----i t. .,....T., • ,e. i a 5 ,El'i C 0 eX ""•.:'"......,:- 0 •si...... _ . . `-- .1-7,4- ..i...4 ......f...//... ::?.::...... ZN'....:.41.,...-.. j...,.-,.......—...—.........,...- -.........--, --,...... ..,V,...lill ,e..„2,-,,,tk.rartt,".•J. ...F.'..:.:-. • ..."f7:.' • • .„ - :41 ,Exr- c, . . L • • St)BS"rek.r 14 140 Al 10 C : IC . ) . ) S tTES 8 i"rbistiv3 ., .... • . ) .?• • ill? -•-• --- --- !its, -..,.!,-..t. ,----:•-..::....,...:.,.-: .. , •' ..:..:,.•-•:11:. ":-'..,.:....,:-..t.'ir-!..-,-,-..1'.-§.:--:,..',.•...'.,T.:.,-:: -, .;:.- -;,. -.,..... . ,. , • .i'vAl,:i: • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 79-11 AN ORDINANCE RELATING TO ZONING MD-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's Agreement dated as of ,1979, between SPUDS, INCORPORATED • and the City of Eden Prairie, which Agreement is hereby made a part 1 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 1 day of May ,19ra, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,1979. g:i fgang h. enact, Mayor 777 ATTEST: SEAL John D. Franc, City Clerk Published in the Eden Prairie News on the .lay o RAP _ .0 111...1..V • MEADOW PARK LEGAL Tract A and Tract B, R.L.S.# 1041 , except that part of the East 100.0 feet of the West 460.0 feet thereof lying South of the North 179.33 feet of said Tract B, and except that part of the East 100.0 feet of the West 160.0 feet of Tract B lying South of the North 179.33 feet of said Tract B, Section 23 , Township 116, Range 22, Hennepin County, Minnesota EXHIBIT A C 6/13/79 Meadow Park OEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1979 by and between SPUDS, INCORPORATEO , a Wisconsin corporation, hereinafter 1. referred to as "Owner" and by the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", ` - ' WITNESSETH: f, WHEREAS, Owner has applied to City to change the zoning from Rural to R1-13.5 for approximately 25 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 develop and plat the property into 44 lots for single family residences. NOW THEREFORE, in consideration of the Mayor and Council of the City adopting Ordinance 79-11 , 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 reviewed and approved by the City Council on May 1, 1979, and attached hereto as Exhibit 8, subject to such changes and modifica- tions 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 mate a part hereof. 3. Owner shall convey by Warranty Deed that part of the property shown as Dutlot C on Exhibit B, outlined in green, to the City immediately uponTi-ling of the plat and prior to issuance of any building permits. Owner shall not , and shall not permit others to grade, construct upon, or improve upon Outlot C, except as provided herein. • • • • Developer's Agreement-Meadow Park page 2 • 4. Owner shall construct trails concurrent with street and utility construction on the property according to the following specifcations and in the following locations: • A. A sidewalk 5 feet wide 5 inches deep of concrete with let down curb and gutter within the right-of-way and easterly of the driving surface of Homeward Hills • Road, commencing at the southwest most point of Lake Heights Addition and extending southerly to the intersection.of Homeward Hills.Road with Sunnybrook Road, as depicted in red on Exhibit B. • B. A sidewalk 5 feet wide 5 inches deep of concrete with let down curb and gutter within the right-of-way and southerly and easterly.of the driving surface of Larkspur Lane commencing at the easterly right-Of-way line of Larkspur Lane and the southerly line of Outlot C. and extending southerly and westerly to Homeward Hills Road, as depicted in red on Exhibit B. C. A pathway 6 feet wide 4 inches thick of deep strength asphalt with let down curb and gutter and ground sterilant placed according to the Community Services Department's • recommendations, within and along the southerly line of Outlot C, as depicted in red on Exhibit B. 5. Owner shall cause the elimination of Outlot B as depicted on Exhibit B from the final plat of the property. 6. Owner shall not be entitled to or issued any permit for building upon the property until Homeward Hills Road(from Anderson Lakes Parkway to the property) and Preserve Boulevard(from Anderson Lakes Parkway to the property) are constructed and in place according to City Engineer's specifications. • 7. Nothing contained within this Agreement or any action of the City with respect to the zoning or platting of the property shall require or impose any duty upon the City to approve the rezoning or platting of any lands contiguous to or in the vicinity of the property, including any lands through which extensions of Homeward Hills Road or Preserve Boulevard from Anderson Lakes Parkway to the property ( are proposed to pass. • Developer's Agreement-Meadow Park page 3 t. 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 BY: • Wolfgang M. Penzel, Its Mayor BY: 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 M. Penzel, the Mayor and Roger K. Ulstad,the City Manager • of the City of Eden Prairie, a municipal corporation of the State of Minnesota, on behalf of the corporation. Notary Public SPUDS, INC., a Wisconsin corporation BY:It1 P,, ,/ e . eti- i/ BY: Its STATE OF MINNESOTA) - S COUNTY OF HENNEPIN; S. The foregoing instrument was acknowledged before me this,1 �''� 9 ti�" of ` ,-r4.v , 1979 by Pr:74iy f l-1 k'S , the„4164l 4&74,E•0'-4, and the of Spuds, Inc., a • Wisconsin corporation on behalf of the corporation. XA � � .< CARLEEN Notary Public �;".j\ Z MERMAN pt6. ! NOTARY PUBLIC.MtNNESOTA T HENNEPIN COUNTY y , yMY CommitNON C.t'n,,IY4!S Ilf O XYYY..•...ArrCno FYYYnfyyyRylryYtlYl'pt \!" • • MEADOW PARK LEGAL • C Tract A and Tract B, R.L.S.i 1041 except that part of the East 100.0 feet of the West 460.0 feet thereof lying South of the North 179.33 feet of said Tract B. and except that part of the East • • 100.0 feet of the West 160.0 feet of Tract B lying South of the North 179.33 feet of said Tract B. Section 23 , Township 116, Range 22, Hennepin County, Minnesota • EXHIBIT A • . . .. _. . . ; —. -----.....-..-- .....--.---....-.............---.. --- - ..„ 1 E Y_7._, .___... -•--- k.,-..: KY,Nerni wOr.....V0111 lrO3 1.....5 MO ISM Of pe --:• Or.:In L.0 ^,...qarls Mr 1"111.,311V '7111 clIter)CON Ow (flit II Sy....LI ,. ill. i ...,....,‘ . .....::•.7,--. , . II.• ••••44.41,..o ' ((VI MOO,III 1Viel lirrklmil31(0 • • '•.,. / ",.../ i/ I .,, c.„,,k-.-,,=, [/'-.•/•.-,1,4.iP- _ _____----"' l'N•S•t* ,,1` \y-,—..1r. „. l,S/1i..7•`-1 !. I . 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' /_-_,_.;1:',.i \ ,,v+ ./.,,-,-,—,< :1 if • , / 1 tir 11'I 1 qr \\‘‘ A\\-t'72:-'i - '4 - ‘.1 -tj ,\ /i/ ' .'1 fl \ 1 1 in t •\ • ,\ -.:. .:----- •=..,-: ,--,--- • ,r -• P ,-;--- ,k tit \ t I . I \\ :C‘•.---- -7: i.;zr- , .„ /-''.-_-_-_,.:_,--'V:::%/',,'1‘,..011 \Vl iiiki t• '.1 `•\` '.-- ...;‘,..,;(, 1,-,J';', /7 . ":,...16.- N‘.,)1\,\ .,_‘ '`-\- -• :‘ .,*... ,, -1-,.,,4,:". /—• .,,. ••,,, ., ..... -, •.. ......s. •..,. 4 , k ., -\,. ',..\',.,'.;',,•.,....' .., (,.if.,11 .,,, :, As.k „ „‘;‘,.......,....k..........._----_ ...„ • _ k • r--% . '•,, ...,__.•::_,...,_ ....::,. ,..,1,.., .. ..,,,. I o,\...,......z.„..4..z..1,...z.,......F.z..,.......t... .\:... ii 1....1 ).0.., a, 0..... . . . 1 \ \\\\\ ‘ 't ‘! ••I-.--1, ' \ ;I.':7'i '..\[7.71)\:: -s:'1:-..::'<:..-...'''',.'::-'7' ...\i'' ",,N \ ,,\\ , ,, ‘‘.\\ __ ,/ „.., .\!___,..,,j.,_ .._, ,.,..7__._..,:„s;7 .._ ,. ,. . ., . , \ 110 1\I 1 , . •.*•:1-----J..-'-.. '‘'' `'it ;"ii--- :•-:---.1.7k'i:^s'i.',"-::‘.•," l'•:---.-,.''.;.- •••••,-..-N-•N\ .•11,/ . , ,, . y....,, '' 1,-*Ak1 ,-.-4,...:....-----....,•,\„...--k..' --. .. ',C.,s;,,,,...„. *S„,, .., ,„„. ..., .. I ra.k -..'"/"`"Y. '" ' 1--'°::--:-I°\ '.'"., ' ---•-f• -- (-A, . '!k:k N.)'0, .•\„- • • --,,. .1-N A ,,,,J,11,,....' :I ' ; , 1 ,•- 1 _, • ..\ ‘.‘ .. ,,,,,, )),) ,,,,, k • __ .N-..• . .......„. /'it°14 J/ 1 ; 1 :, -I. I ...---' ,. • • ---...-&\X \ • . / ,.• ,-......„ r. - -' -,,...: ,.•,,,, , •1 . ' , i ,,- ........-_- — , ,- ..------._•,,.: 7, .••' . - --- 1''•i ' - • _...s.-7:.:1 riviuc__,- /Iv/,,---,_N EXHIBIT B vf 1.... , ..'....: • I ei'i • . . . . .... ..„. ... , . .,... ,, . .. . • • • • DEVELOPER ' S AGREEMENT C EXHIBIT C l., 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 drainage areas and direction of flow, preliminary utility plans, pending area and flood plain high waterlevels 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 shell submit detailed construction and storm sewer plans to the 1,7,6,e; vt�'=.� ram' 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 $,J25-per jot . The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount 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. • • • • • veer wN.... ., •.y.•.,, •...». page . page 2 of 3 Exhibit C V. 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 City standards : ,,, 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 V.A. above, Owner may submit a ]00% 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 shall be in such form and contain such further terms as may be required by the City Engineer. !Lei 4.J ' L".• • ', •„ .• **." ' ; • , • 7:: ,'" "7,."; :"7 "7- • Developer's Agmt O. run" • page 3 of 4.3 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 pcmds, high water elevations, and arrows show- ing -• direction of surface drainage, locations of trails, etc. . • D. Pay to City fees for first year street'lighting (public • streets) engineering review , and street signs. • VI, Owner shall file this Agreement with the Register of Deeds or , • Registrar of Titles and supply the City witha copy of this Agreement with information as to.Document Number and .eate and time of filing duly certified'thereon within 5E1. 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 C filing in accordance with item VI. hereof, Owner for iteseli, 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: • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA r ORDINANCE 79-17 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 Plan Study District and shall be included hereafter in the I-2 Park 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 STEWART IN-FRA RED COMMISSARY OF MINNESOTA, 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 I-2 Park 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 5 day of June ,1979, and finally read and adopted and ordered published at a regular meet- ing of the City Council of said City on the day of ,1979. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of 4379-. �P P f • • • in the Northeast 1/4 of Section 17-116-72 . let part of the Northeast eiunrtor of the Northeast quarter of Section 17, Township 116, sago 22, described as follows: Beginning at the Northwest corner of said Northeast quer- r of the Northeast quarter; thence South along the Lest line of said Rortheunt quarter of to Northeast quarter to the North line of the South quarter of said Northeast quarter of ie ' rtheaat quarter; thence East along said North line or the South quarter of the North- :et varier of the Northeast quarter to a point thereon distant 110E.58 feat West of the tat line of paid Section 17 es measured along said North lino of tho South quarter•of the :rtheast quarter of the Northeast quarter, said point being the point of beginning of a ine hereinafter referred to as "Line B"; thence North parallel with said Zest line of Sec- [or. 17 a distance of 440.1.2 feet, and said "Line B" there ending; thence Easterly to 'oint X" hereinafter described; thence North 23°14'14" East 436.98 feet more or lees to t' tutherly right-of-way line of State Trunk highway No. 5 as described at parcel 16 of final ,rtitleate recorded as Doc. No. 308T3i•e; thence Northeasterly, Northeasterly, and Norther -1y aloag'said right-of-way line to the North line of said Rortnoast quarter of the Nort,- 'st q„uartor; thence West alone said North line to the point of beginning, EXCEPT that per. tereof described as beginning at said Northwest corner of the Northeast quarter of the irthosat quarter; thence South along said West line of the Northeast quarter of the North- tst quarter a distance of 271.98 feet to the point of beginning of a line hereinafter refs :d to as !Line A"; thence East deflecting to the left 92°26' a distance of 350.55 feet, a: tid'ndete A" there ending; thence at a right angle North to the Southwesterly right-of-wn; ne of said State Highway No. 5; thence Northwesterly, Northeasterly, and Northwesterly .eng said right-of-way line-to said North line of the Northeast quarter of the Northeast sorter; thence Lest along said No-th line to the point of beginning, ANL EXCE*'f that part + `� '; ,ereof lying within the Easement for County Road No. 4 as described in Dorutrent Nc. 3538b: ;D EXCEPT that pert thereof lying South of a line drawn parallel with and 60 feet South, ,abased at right angles, from said "lane A" and lyius nest of said •'..ine B" anu North. •ly extension. ,id "Point X" is located as follows: Commencing ate point on the East line of the North- ,st , tarter of the Northeast quarter of said Section 17, distant 180 feat South of the :rt ast corner thereof (said East line being assumed to have a bearing of South); thent'e tuth 8013' West along a line parallel with the Westerly extension of the North line of ,ction 16, Township 116, Range 22, a distance of 2.0 feet; thence South 23014114" West .stance of.353.30 feet more or leas to a point in a line drawn parallel with the westerly :tension of the North lino of said Section 16 from a point on the West line of said Socti, distant 500.40 feet South of the Northwest corner of said Section 16 and distant 141.46 ,et Westerly of the West line of said Section 16 as measured along se.ie parallel line; fence South 1E°10'27" West a distance of 82.52 feet along a line which if extended, would ,tersest the North lino of the South quarter of said Northeast quarter of the Northeast • tarter of Section 17 at a point thereon distant 303.63 feet West of the East line of said otion 17, as treasured along said North line of the South quarter of the Northeast quart& the Northeast quarter; thence North 89°4.0' West a distance of 715.66 feet to the inter- ,etion with a lino drawn parallel with and distant 883.02 feet West of the East line of id Section 17 as measured along said North line of the South quarter of the Northeast ,arter of the Northeast quarter, said point of intersection is designated as "Point X", -e'rc'1r.3; to the United States fover-nasnt Survey thereof, and situate in Hennepin County, innesota. It is further agreed that first parties grant a ten(10)foot easement across the North end f 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 oadway directly to West of County Road 4). '�cond party grants to first parties access to and use of any roadway and access to 4 from first parties parcel directly to the South. Second party agrees in consideration: ereof to pay any costs connected with recording or registering this easement and cost of any urvey updates, and updating of legal description by surveyor for first parties remaining arcel to the South, if required, but not confined to these costs should any other cost arise :o accomplish the granting of subject easement. 1')3U EXHIBIT A • • • • _ v-a.r-ram Stewart Sandwiches • .DEVELOPER'S AGREEMENT THIS AGREEMENT, made and-entered into as of • , 1979 by and between STEWART IN-FRA RED COMMISSARY OF MINNESOTA, 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, Dwner has applied to City to change the zoning from Planned • • Study to I-2 Park for approximately 3 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 develop the property for use as 3 industrial lots. NOW THEREFORE, in consideration of the Mayor and Council of the City adopting Ordinance 79-17, Owner covenants and agrees to construction upon, • g development, and maintenance of said property as follows: 1. Owner shall develop the property in conformance with the material dated May 8, 1979, reviewed and approved by the City Council on June 5, 1979, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times 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 conform to the recommendations outlined in the May 9, 1979 letter from the Minnesota Department of Transporta- tion, attached hereto as Exhibit D, and future recommendations of said highway department. • 4. Owner shall submit a detailed landscape plan to the City's Planning Department for review and approval prior to the issuance of any permit. The landscape plan shall include,but not be limil. to: temporary screening consisting of a fence and berm on the property of such height necessary to screen motor vehicles in excess of 3/4 ton from observation from Highway #5. Upon completion of construction Owner shall store said vehicles inside as per ordinance. • • • Developer's Agreement-Stewart Sandwiches page 2 ( \'' IN WITNESS WHEREOF the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. I :< _ . CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY: Wolfgang H. Penzel, Its Mayor • BY: Roger K. Ulstad, Its Manager STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of ,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 ‘.::,,, STEWART IN-f'RA RED COMMISSARY OF MINNESOTA, INC., a corporatiorrrof the State of Minnesota BY: /!� rr I Its ' r'--,c ' c -'., BY: Its STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this ti day of)'--V'('-.- ,1979 by S. L . t r:.;: the -a !.')w,. [!:c<• r-t. ., and ' the of Stewart In-Fra Red ..- Commissary of Minnesota, Inc., on behalf of the corporation. Notary Public • • ,st pert of the korthe:nst civartor of the Northeast quarter of Section 17, Township 116, nge 22, described as follows: Beginning at the Northwest corner of said Northeast quer- ,r of the Northeast quarter; thence South along the Vest line of said Northeast quarter , ,o Northeast quarter to the North line of the South quarter of said Northeast quarter of ,e Northeast quarter; thence•East along said North line of the South quarter of the Nort: eat uarter of the Northeast quarter to a point thereon distant 110E.58 feet West of the .shine of said Section 17 as measured along said North line of the South quarter of th. •rtheast quarter of the northeast quarter, said pint being the point of beginning of a me hereinafter referred to as 'Line B"; thence North parallel with said List line of Se on 17 a distance of 440.12 feet, and said "Line E" there ending; thence Easterly to 'pint X' hereinafter described; thence North 23°14'14" East 436.98 feet :.ore or lees to 'uthorly right-of-way line of State Trunk Highway No. 5 as described at parcel 16 of fin,* ,rtificate recorded as Dec. No. 30873 c; thence Nortu.sesterly, Nortieasterly, and North, •1y along'said right-of-way line to the North line of said Northeast quarter of the port st quarter; thence vest along said North line to the point of beginning, EXCEPT that F' eareof.described as beginning at said Northwest corner of the Northeeist quarter of the •rtheaat quarter; thence South along said West line of the Northeast quarter o: the Nort. :st quarter a distances of 271.98 feet to the point of beginning of a line hereinafter re ,d to as !Line A"; thence Seat deflecting to the left 92°261 a distance of 35G.55 feet, ,id'n'ine A" there ending; thence at a right angle North to the Southwesterly ri ht-of-e no of said State Highway No. 5; thence Northwesterly, Northeasterly, and Northwesterly _osrg said right-of-way line-to said North line of the Northeast quarter of the. Northeast ee tarter; thence West along said No-th line to the point of beginning, AND EXCEPT that pas eT ,eroof lying within the Easement for County Road No. 4 as described in Document Nc. 353i eee :D EXCEPT that part thereof lying South of a line drawn parallel with and 60 feet South. •aSUTetd an right angles, from said "Lade A" and lyius west of said :nine B" and 1.... Nor: •ly extension. id "Point X" is located as follows: Commencing at a point on the East line of the tort. .st quarter of the Northeast quarter of said Section 17, distant 180 feat South of the art 'ist corner thereof (said East line being assumed to have a bearing of South); Then• autds°13' West alonf a line parallel with the Westerly extension of the North line of • ,ction 16, Township 116, Range 22, a distance of 2.0 feet; thence South 23014114" West e .stanoe of.353.30 feet sore or loss to a point in a line drawn parallel with the wester: :tension of the North line of said Section 16 from a point on the West line of said Sec_ , distant 500.40 feet South of the Northwest corner of said Section 16 and distant 141.r ,et Westerly of the crest line of said Section 16 as measured along said parallel line; lance South lE°10'27" West a distance of 82.52 feet alone, a line which if extended, woe: iteraect the North line of the South quarter of said Northeast quarter of the Northeast ee Liter of Section 17 at a point thereon distant 303.63 feet West of the East line of see ,ction 17, as measured along said North lino of the South quarter of the Northeast quer' ee ' the Northeast quarter; thence North 89°40' Wont a distance of 715.66 feet to the inter ,ction with a lino drawn parallel with and distant 883.02 feet West of the East line of eld Section 17 as measured along said North line of the South quarter of the Northeast tarter of the Northeast quarter, said point of intorsoction is designated as "Point X", .cereing to the t'nited States government Sur-my thoresi, and situate in Hennepin Coemty, ee innesota. It is further agreed that first parties grant a ten(10)foot easement across the North ens: f 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 oadway directly to West of County Road 4). Second party grants to first parties access to and use of any roadway and access to igty y 4 from first parties, parcel directly to the South. Second party agrees in considerath. ere to pay any costs connected with recording or registering this easement and cost of any urvey updates, and updating of legal description by surveyor for first parties remaining arcel to the South, if required, but not confined to these costs should any other cost arise :o accomplish the granting of subject easement. EXHIBIT A 1 lr / i 1 Fr��l )\\ a • J3 -� �; ` ate• °/' fi i f .• t. "y xf e T I/ ,.. i --�` + .. 1,. Iff,: • s � r ]]''ff__���� �.w+ --1 l 1 I s! A * His k .y� C I. Wf . '1 40 CO ,+.. •-i 'sue • S. 7 > Y in�� '4 V o 0 o 14 y ,.� t co 01 4�, m Re �1 • s .1 � J , J . . ..,.:. ....,..,.... .... .2 a 4_._ c rS ,__ . ,• • ..,:, ...,..: _, • = � Y �^ ^ - : y • 4% 7 . c r h --i �,, emu. 'a ,� I ''�. \ ` .I/ y� L \ .,1 • t.:,,,,,‘ 1 pp 11 .. \ 1 t',�.,,,+r"f .-....---- I N.- \\- \• : V1 ___ is. -. I ....•-.. ID CI, N. N t0 t X 2 -7- ( • 1.i. • 1. DEVELOPER ' S AGREEMENT EXHIBIT C page 1 of 3 1. Owner shall submit detailed construction,and storm sewer • plans to the T<',i e Rw.r a.� Watershed District for rei+iew and approval. Owner shall follow all rules and recommendations of said Watershed District. -;II. 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 i'400per acre-. The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or C supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. M. 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. • . d ill;' • page , page 2 of 3 Exhibit C • IV. All sanitary sewer,, watermain and storm sewer facilities, streets , curb, gutter, sidewalks and other public utilities("improvements") t , to be dedicated to the City shall be designed in compliance with City standards U. 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 V.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 orletter of 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 shall be in such form and contain such further terms as may be required by the City Engineer. 1- .• • • . . ' ... Developer's 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. .,• • • D. 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 toPY of this Agreement with information as to Document litimber'end-date and. time of filing duly certified thereon within 60:days from the date of this Agreement. ., • ..'4 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 VI. hereof, •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. vi-7 Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, except: • • •i • • • o 1\9inncsota 2 i�elh�rtmutit of Tfansportation , l ` Dislfict 5 I, 2055 No,Lilac Drive C4.1'0F1ptt' . Golden valley.Minnesota 55422. F J • tat21 S rap-AO !r May 9, 1979 • I r Mr. Chris Esser City Planner . City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 .. ,. In Reply Refer To: 315 • • S.P. 2701- T.U. 5 Plat review of Stewart In-Fro-Red Commissary of Minnesota, Inc. located in the Northeast 1/4 of •Section 17, Township 116, Range 22 is the Southeast Quadrant of Til 5 and C.S.A.U. 4 in • City of Eden Prairie Hennepin County• Dear lir. Enger: . We are in receipt of the above referenced plat for our savior in accordance _ with Minnesota Statutes 505.02 and 505.03 Plate and Surveys. tie find the plat acceptable for further development with consideration of the following .......... comments: - Our District Hydraulics Engineer, Mt. M. J. Spialmann, would like to C review a more detailed grading and drainage plan when it is available. If you have any comments or questions in tagard to the drainage ha can be reached at 545-3761, ext. 126. - If possible, we would like to sea the frontage road detached as rud. as possible at Fuller Road. it appears it could be detached on additional 50 feet without any apparent conflicts. A stop siD. 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 Tr:nspor cation. r - Our District Land Surveyor, Mr. Keith Slater, is currently platting oar right of way in this area. The l,•u.d surveyor should contact him for survey information and location of ground monuments. He can be reached _ at 545-3761, ext. 199. , If you have any questions in regard to the above cotaaente, please contact our iDistrict Layout, Reseatch and Development Engineer, Mr. J. S. Rate at 545•-3761:: . ext. 150. Thank you for your cooperation in this totter. - i Sineer Tye . • M. . Crawler , P.E. District Engineer L a - ec: Charles Heaver `• - ,/ _ Metropolitan Council Cary Backer • llcmacpiu County Surveyor's Office Doug Met son EXHIBIT D • Hennepin County Dept. of Transportatiw - bnauy aw CITY OF EDEN PRAIRIE rnd ,HENNEPIN COUNTY, MINNESOTA ORDINANCE 79-19 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 1-2 Park 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 RICHARD W. ANDERSON, 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 I-2 Park 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 5 day of June ,1979, and finally read and adopted and ordered published at a tegular meeting of the City Council of said City on the day of ,1979. Wolfgang H. Pentel, Mayor ATTEST: SEAL John D. Franc, City Clerk Published in the Eden Prairie News on the day of .1919. 9 RAP .?.4 • • LRCM. DESCRIPTION 'That part of the Southwest 1/4 of Section 1, Township 116 North, Range-22. West."l • of the 5th Principal Meridian, described es follows: Cmasancin8 at a point on , . the East line of said Southwest 1/4, distant 60 reds South of the North Une . •'tlsereof; thence West parallel to'the North Line of said Southwest 1/4 a distance' of 500 feet; thence Southeasterly along a line drawn to a point on the South . • Line of the North 1/2 of the Southeast 1/4 of the Southwest 1./4 of said Section , distant 350 feet West of the Southeast corner thereof to its intersection with • a line drawn front a point on the South line of said•North 1/2 distant 341.5.feet ;;, Wes:l of the Southeast corner thereof to.a point on'the Easterly line of State ' . Highway No. 169 distant 118.3 feet Northerly Errs: the South line of said North 1/2 of the Southeast 1/4 of the Southwest 1/4; thence Southeasterly along the oforredescribed line to the Sol,t1, line of said North 1/2; thence East along said .,. Seen line a distance.of 341.5*feet to the Southeast corner of said Notch 1/2 of Southeast 1/4 of the Southwest 1/4; thence North along the Esst lino of said . e Southwest 1/4 a distance of 1016,8 feet •to the place of beginning. Except that pert .thereof described as follows: Beginning at a point on the West line pf the•.' • a'bpve described tract distant 258.6 feet Southeasterly of the Northwest corner . thereof; thence sun•Northeasterly to the Southwest corner of the Ease 16 rods of .•. rho North 60 rods of the Northeast 1/4 of the Southwest 1/4 of said Section I...• and there terminating;'containing 0.63 acres, more or less. . ..; The South 1/2 of the Northwest 1/4 of the Southeast 1/4.of Section 1, Township 116 •• Range 22, EXCEPT that-part described as follows: Commencing at the Northeast • .•• corner of said South 1/2; thence West along the North tine of said South 1/2'te•'e. '. 'point 190 feet East from the Northwest corner thereof•,, thence deflect left 165 degrees 15 minutes a distance of 450 feet; thence defeect right 94 degrees 2a minutes 37 seconds a distance of 443 feet; thence Northwesterly to 8 point on the West line of said South 1/2 of the Northwest 1/4 of the Southeast 1/4 400 feet South from the Northwest corner thereof; thence North along said West tine a distance of 400 feat• • to the Northwest corner thereof; thence East along the North line of said South 1/2 to the point of beginning. . The Southwest 1/4 of the Southeast 1/4 of Section 1, Township 116, Range 22. ' The West 1/2 of the Northwest 1/4 of the Northeast 1/4; the East 165 feet of the Northeast 1/4 of the Northwest 1/4; all in Section 12, Township 116, Range 224 The North 16.5 feet of that part of the North 1/2 of the Northwest 1/4 of Section. 12, . Township 116, Range 22, lying between the East 165 feet of the Northeast 1/4 of the Northwest 1/4 and the Easterly line of U.S. highway No..169 and 212 which lies Easterly of a line run parallel with and distant 200 feet Easterly of the'follewing described line: From a point on the North line of said Section 12 distant 1152:72 feet East of the Northwest corner thereof; run Southwesterly at an angle of 95. degrees 39 minutes.45 seconds with said North section line for 100 feet to the ' point of beginning of the line'to be described; thence run Northeasterly on the last described course for 300 feet and there terminating. all in NennepiseCounty Minnesota. • . • EXHIBIT A , Shady}pOak Second Addition , "�ih • • • • • • • Shady Oak Park 2nd. DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1979 • by and between RICHARD W. ANDERSON, 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 1-2 Park for approximately 12 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 develop and plat the property into 3 lots for industrial purposes. NOW THEREFORE, in consideration of the Mayor and City Council of' the City adopting Ordinance 79-19, Owner covenants and agrees to construction 4 upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated April 23, 1979, reviewed and approved by the City Council on June 5, 1979, and attached hereto as Exhibit B, subject to such changes and modifica- tions as provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times 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 not request approval of the City Council of the final plat of the property until, A. the Council approves the plans and specifications for the extension and construction of Shady Oak Road from its easterly terminous and extending easterly to County Road #39, and 8. City has acquired the right-of-way for said extension. 1, !; !1 • • 1kt, • Mr. Richard Anderson wishes to discuss item #3, page 1 . of the Shady Oak Second Addition Developer's Agreement with the City Council. He is proposing the following language: • 3. Owner shall not obtain Certificates.of Occupancy • from the City prior to: A. the Council approving the plans and specifications from the extension and construction of Shady Oak Road ftom its westerly terminous and extending northwesterly to Flying Cloud Drive. B. City has acquired • the right-of-way for said extension , C. Owner rough grading said extension.. • • • • Developer's Agreement-Shady Oak Park Second Addition page Z 4. Owner shall plat the property to allow setbacks required by City ordinances and without the need for any vaariances therefrom. 5. Owner shall dedicate in the fin el plat all fight- way for err east/west street over the southerly portion of the property as • determined by the,City Cngineer. . . . . 4. ,-..', ,:.. ,- ''':.''' :':-.41 Si `� • • • • • Developer's Agreement-Shady Oak Second Addition page 3 r 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 BY: Wolfgang H. Penzel, Its Mayor BY: STATE OF MINNESOTA Roger K. tllstad, 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 Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. Iotary Public OWNER rt le a� c( / p.c t� �Z BY: R-Cchard W. Anderson The foregoing instrument was acknowledged before me this day of 1979 by Richard W. Anderson the or Richard W. Anderson, lne on behalf of the corporation. Notary Public •• AF ' x • 1,6CA1."DESCRIPTION That part of the Southwest 1/4 of Section 1, Township 116 North, Range-22, West:':i of the $th Principal Meridian. described as follows: Commencing at a point on , the East line of said Southwest 1/4, distant 60 rods South of the North line : 0 ' .thereof; thence West parallel to-the North line of said Southwest 1/4 a distance' of 500 feet; thence Southeasterly along a line drawn to a point on the South line of the North 1/2 of the Southeast 1/4 of the Southwest 1/4 of said Section 1 distant 350 feet West of.the Southeast corner thereof to its intersection with .. -. a line drawn from a point on the South line of said,•North 1/2 distant 341.5.feet '» West of the Southeast corner thereof to.a point on-the Easterly line of State �' lli.ghway No. 169 distant 118.3 feet Northerly ffrom the South line of Said North 1•f2 of the Southeast 1/4 of the Southwest 1/4; thence Southeasterly along the afoo'edescribed line to the Sohth line of said North 1/2; thence East along said e' Starch line a distance of 341.S,feet to the Southeast'corner of said North 1/2 of the Southeast 1/4 of the Southwest 1/4; thence North along the East lite of said . .• Southwest 1/4 a distance of 1016.8 feet to the place of beginning. Except that part thereof described as follows: Beginning at a point on the West line pf the.." above described tract distant 258.6 feet Southeasterly of the Northwest corner thereof; thence run-Northeasterly to the Southwest corner of the East 16 rods the North 60 rods of the Northeast 1/4 of the Southwest 1/4 of said Section and there terminating; containing 0.63 acres, more or lees. - ' - • :f• The South 1/2 of the Northwest 1/4 of the Southeast 114.of Section 1, Township 116� •: ' dir Range 22, EXCEPT that-part described as follows: Commencing at the Northeast ' corner of said South 1/2; thence West along the North line of said South 1/2-to'a. point 190 feet East from the Northwest corner thereof- thence deflect left 145 ' degrees 15 minutes a distance of 450 feet; thence deflect right 94 degrees 28 minutes Ef seconds a distance of 443 feet; thence Northwesterly to a point on the West line ` of said South 1/2 of the Northwest 1/4 of the Southeast 1/4 400 feet South from the Northwest corner thereof; thence North along said West tine a distance of 400 feet ;. to the Northwest corner thereof; thence East along the North line of said South In ,to the point of beginning. _ The Southwest 1/4 of the Southeast 1/4 of Section 1, Township 116, Range 22. 'The West 1/2 of the Northwest 1/4 of the Northeast 1/4; the East 165 feet of the Northeast 1/4 of the Northwest 1/4; all in Section 12, Township 116. Range 224 The North 16.5 feet of that part of the North 1/2 of the Northwest 1/4 of Section 12, Township 116, Range 22, lying between the East 165 feet of the Northeast 1/4 of the • Northwest 1/4 and the Easterly line of U.S. Highway No..169 and 212 which lies Easterly of a line run parallel with and distant 200 feet Easterly of the following described liner From a point on the North line of said Section 12 distant 1152:22 feet East of the Northwest corner thereof; run Southwesterly at an angle of 95 degrees 39 minutes 45 seconds with said North section line for 100 feet to the point of beginning of the line'to be described; thence run Northeasterly on the , last described course for 300 feet and there terminating. all in Hennepin•County,i Minnesota. - • = • . EXHIBIT A • Shady Oak Second Addition Ri� � ‘,._ ,, , , _. . ..,... ,„,,z.....,..._,_. - if , ______....;„..... .cor. _ ; ,1 1 ... - :::::- ‘ 4 1 r,:' ,.,..4r,...") ;%,-;;>;(v,.. ,v„,-,T,e.. N•s,.:..i, ..7-•f..:".,\,.,.."v. 1.1111. -,74-‘.. ,.t.-r r:. _ ') a.• ,, ':. 1 ,- y, E . 7t`{ ,tom. le ., c. ,„;‘4,, , ..,:,., .e. ;i„, , \ 'r,w4 ..4, •,1,..V ----- \ .... 1 t 0 .c^t , f,e,,f/% t / b i i . ,i %i ;1 .T '{,, •4 t -- \vs..-1.... -•,..'N. ' -•Is.,..\__. . k ..n ,. . , .. • ",z.k ----7--- ., i . ,•. . - ,, , - .r. -, _ �` � f D. 1 ,rn.z '(s. 1 1;111. lit ki Ir ' .'"... , tii• I , . .; • ^ ..,,, J , klcote-k , • y �aF ` ? • " .ik : •/„ y'; . �t' 'Jr _'� ^i/) lFtl 1 ,�`i—err �; �, �.. w '74T..- . — tw .rsa,_..�., "'-t "ram '.., III • t Yrot s.r,". '-• �i s''� _ jix 41Ne 4;%341�a Ste.4 um - ..� ..-i„-„4 t-/ iL r:i.. •. ! t -1.' ^ ,..• .v ...� i, 1 � '•.}..•. • .� `,� 5( �_ s9 ._\ t• 1 yl O ,i %X✓- 1! • flJt rj, 0.4,•• I . _ • Rich., ♦d.yy. - 'a..a Y.Cer In* Aoki' EXHIBIT B see. Prstm,.4..ear.k sstq- • - • : " P......E a...4.1. In+w.I,go" • - i). R.r...4. A...e.aa: d......41e.I • .. •• . . IX T...4.1.msar as u "LW April 23, 1979 - . • a•-,a awl,®a+.•;t P#.• Tasa�c;- ••• •' ' 3 i.,•-i►' aqt: 1 te.'>a. !/ •• • • ..".... ... 1i± PRELIMINARY PLAT`.. + .��.�y W_..w,.• uft• z SHADY. OAK SECOND ADDITION ri ri ;`f lIZIOR.D NDEeRSON- ;i,.k_ r•AI • 1 DEVELOPER ' S ..AGREEMENT A. EXHIBIT C • page I of 3 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 crater 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 storm sewer plans to the Nine. Mile . 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 $/9DG peracre. The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount 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. • • d q'/ S. 3 ..�.....�_. _ ..�. _ . _ . 9 e '► - page 2 of 3 Exhibit C V. 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 City standards. 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 V.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 orletter of 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 1251 • of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. 1114 • 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. ' D. Pay to City fees for first year street lighting (public streets) engineering review , and street signs, VI. 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 00 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: • • x CTO: Mayor Penzel and Members of ti3e City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer • DATE: June . 13, 1979 SUBJECT: Signals at T.H. 169/Co. Rd. 1 I.C. 51-311 At he Council meeting on June 12, 1979, the Council requested that an item be placed on the next agenda for discussion of the status of the • traffic signals at T.H. 169 and Co. Rd. 1. A review of our file on this . ..project yields the following: 1.' On Sept. 6, 1977 a public hearing for this signal project, including signals at T.H. 169 and Vo-Too entrance was held at the City Hall. 2. On January 17, 1978 the preliminary plans for the project were approved by the City Council. A letting date of November 1979 was indicated by Mn/DOT. 3. In November of 1978, we received word from Mn/DOT that 7 months in design time had been lost because attorneys assigned to the Attorney General's staff had been working On billboards instead' of pursing right-of-way acquisition for the project. A revised lotting date was set for July, 1980. 4. The attached letter of November 21, 1978 was sent to Mn/DOT requesting that they stay'on the November 1979 letting schedule_ Mr. Crawford responded by phone (as I recall) that not much could be done to recover the time already lost. 5. The attached letter of November 21, was sent to Mn/DOT requesting temporary signals. 6. The attached letter of from R.M. Robinson was in response to our March 12 letter rejecting the proposal for temporary signals. Both Mn/DOT and Hennepin Co. have been-asked to be present at the June 19 Council meeting for discussion on this matter. CJJ;sg . " - • -• -" . . „. • . • . .„ • , • . , - • , • , =, March 12, 1979 •- • • M . William Crawford District 5 Director . MN/DOT 2055 North lilac Drive Golden Valley, MN 1: Re; Temporary Signals at T.N. 169/Co. Rd. 1 at %Jo-Tech • Dear Bill: • „ Apparently it may be a considerable time before permanent signals are Operational at the above referenced intersections. AccOrdingiy, is it possible to install temporary signals such as those at the new ramp •". from 1-494 to T.H. 169 and as the County has done on Co. Rd. 18 at • 7.7th Ave. in Brooklyn Park? Please review this at your earliest con- venience and call me if you have any questions. also appreciate your prompt action regarding the flashing amber warn- fog lights at the T.H. 5/W. 78th St. intersection. As you stated, this should be operational within 90 days. Thank you, • Carl J. Ju 1 P.E. Director of ublic Works • • • CJJ:kh • . C • i " - 2.• '' • . ri-----Ir----3 ,„:„ ICES/i350E0ENPnAJMEn3l10!EOENJfMn1E,MrrESOIA55344(TELEPHONE(G121091.22G2 „ � —^-�.,', • November 21, 1978 ; --37/: Mr. William Crawford Director District 5 Minn. D.O.T. 2055 North Lilac Drive Golden Valley, MN 55427 Re: Traffic Signal Project T.H. 169 at Co. Rd. 1 and Vo-Tech School Dear Bill: Per our phone conversation, the following is a tabulation of traffic acci- dents which have occurred over the last two years on T.H. 169 at Co. Rd. 1 and at the Vo-Tech School entrances.: 1977 1978 (thru Oct.) P.D. P.I. P.U. P.I T.N. 169/Co. Rd. 1 9 2 11 5 • T.H. 169/Vo-Tech 10 7 (1 fatal) 5 2 From this record it seems clearly evident that the proposed traffic signal projects at these locations are extremely important. Surely those persons and agencies responsible to provide the public with updated and safe trans- portation facilities will be held strictly accountable for unreasonable delays in these projects, which could lead to needless damages, injuries and possibly deaths. • • I am confident that Minn. D.O.T. will find a way to keep these projects on schedule for the November, 1979, letting date, originally scheduled or pos- sibly earlier. If not, I know that many people will lose faith with our transportation planning process and will surely question the goals, priori- ties and effectiveness of the State's new Transportation Plan. Thank you for your prompt attention to this matter. Sincerely, [.t+tiL'4 tL t:L'C . Carl J. Jull �, P.F. Director of Public Works . E .. {u. . Minnesota Department of Transportation Transportation Building, -1 St.Paul,MN 55155 lOF TN"� Pbona 296-8657 Room 716 February 13,1978 — Mr.C.J.Julie City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie,Minnesota 55343 In Reply Refer To:360 S.P.2744(T.H. 169) 0.5 Mile South of C.S.A.H. 1 • to Research Road ir Dear Mr.Julie: A contract for safety improvement of the above referenced project will be let on November 30, 1979. • The enclosed print is a preliminary right of way map and is subject to change without notice. Shown are the limits of right of way needs based on the new design. To expedite the State's handling of easement appraisal,please complete the enclosed questionnaire and return one copy along with copies of any affected easements by April 20, 1978. Because of time involved in legal procedures,expediency in this matter will assure proper documentation and prevent possible extinguishing of easement rights which are to be retained by your Company. Sincerely, .G.Osendorf,P.E. Utilities Engineer Enclosure: }} , - Print t • G i r • Questionnaire -; An Equal Opparkautr luuploYer . . • . „ • , s • • „„ „ , • „ „„ " '' • - • ' " • . . . , „ • . , - - . - - • , , . , , •', • • TRANSMITTAL—MESSAGE SLIP To% tr.,;rtot49(.1.14-1 fr,) I I' 9.-TA.- (,),4-471 .111.• 4 4444 ' DATE Ft4 /St PROM W.M.tAWO 6CAttom • • DTICT ENGIT,IEER 'GOLDEN VAtt.ZY IititarrAt.ACTION CALL 1011 VIEW Review and we mg NAME „. Roviser and more Prepare reply ter frrY 100 FROM Peen and and ar eoCe PHONE ND. For year lipprovil For your Information For ftRIMIPIN Cr1red — As ew distuiese4 Wen ban to on are - As yes tageated Final ail Tan soararslaroi*Aloe aPin Nally staff Raerreld FIFO Cdt MESSAGE ,94Loki/cif14,14-6 41E1,, re/ '1:1 oven Adren 1 10 Rev.0-70) .012104 • • 77-7 IlJL1C1 7 . • - ."‘ „:„ , . Fitt/DOT-ri.ela Operations Div. Office Memorandum Golder: VaTrcy District TO : William C. Merritt DATL": November 14, 197g C Assistant Commissioner " Field Operations Div. -7 FROM : W. M. Crawford !.----7 J� ,� • NU ME 545-3761 District Director ' / i 3• ' %,;/ SUBJECT: S.P. 2744-32 (T.E. 169) Li Safety Improvement Project (+ 0 Eden Prairie `1 '' �J1 Y We have been working for several years to bring this project to a contract letting under extreme pressure from Eden Prairie, the , Vo-Tech school, and citizens. It is a badly needed project. The accident record is bad; in fact, there have been fatalities near this intersection. , We thought we were on target with a November 1979 letting dote. I learned this morning.at our district progrsnming meeting that we have lost seven months' time because attorneys assigned to the Attorney Ceneral's staff have been working on billboards in District 5 without our knowledge, instead of pursuing right of way acquisition for this safety improvement project as we had been led to believe. It is possible that in some offices of this Department billboards rate pretty high on somebody's list of priorities, but as long as I am in charge of this district, billboards do not rate above safety improvement projects. I am very disturbed that this has happened behind my back, and I do not intend to drop the subject here. When the people from the city of Eden Prairie call my office, I intend to tell them erectly what happened and why this job has had to slip from 1979 construction to 1980. I hope they arc more charitable than I am at this point in time. cc: P. C. Marshall D. W. Brown-R. M. Robinson E. E. 0fstead-E. R. Howe Central Files WMC:sb 1'11au V. { :fl 2 , JI • Charlson fstates • DLVILOPER'S F;GREEI:E1;T • TTIIS AGREEMENT, made and entered into as ,197 1, by and between Lynn L.Charlson, hereinafter referred to-as "Owner", and the CITY OF EM}EM PRAIRIE, a municipal corporation , hereinafter referred • to as "CITY". ttl TfESSETII: WHEREAS, Owner has applied to City for preliminary plat approval to subdivide approximately 63 acres into 10 single family lots for develop- in_nt of land more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and P;05; TFfEFOI:E, in consideration of the Mayor and Council of the City adopting Resolution 78-212 approving the preliminary plat of Chat•lson Estates, 0rner covenants and agrees to construction upon, developr.:ent, and maintenance of said property as follows: 1. Owner shall conform with all planning, architectural, engineering, landscapins and fee requirements of all • City ordinances. 2. Owner shall plat and develop the property in conformance With the material dated September 19, 1978 reviewed and approved by thie City Council on lev:,r er 21,1>78, attached hereto as Exhibit B except as otherwise pro- vided herein. 3. Owner shall su?:nit a development plan prior to approval of final plat Which shall show proposed grading, storm water drainage areas and direction of flow, preliminary utility plans, ponding area and floodplain high water levels for 100 year storm and minimum floor elevations for all lots. The development plan shall be subject to approval by the City Engineer. k • J 1-.-'i'+i'.•nL•L.h.a•1son f.sLatCS: p;:qi' 2 • ( . 4. Owner shall submit detailed construction and storm sewer plans to Riley/Purgatory Creek Pater5hed District for review and approval prior to approval of final plat. Omer shall follow rules and recceendations of said Watershed District. . 0:n:c:r shall install all necessary erosion control devices • as reco:rcanded by said watershed District. 5. The easterly line of Lot 4, Block 1, as'depicted on Exhibit B, shall be a minimum of 300 feet. 6. 0:ner shall not construct any driveway connecting, • or permitting access from, Lot 4, Block 2, as depicted on Exhibit B, to Eden Prairie Road. • 7. Owner agrees that future platting of the lots within C the property shall be substantially similar to the plan attached as Exhibit C, dated September 19, 1978, subject however to meeting the requireements of City ordinances, including those relating to subdividing land or otherwise then in effect, and subject to staff and city cosr+rission review prior to City Council action. 8. Owner shall convey by warranty deed to City a 200 foot • strip of property having its centerline along the centerline of Riley Creak as outlined in green on Exhibit B in lieu of cash park fee. • Owner shall grant to City a scenic easement prohibiting and restricting the grading or placing of soil upon, removal or cutting of vegetation, planting of any non-indigenous vegetation or construction of any building or structure upon that portion of the property consisting of two strips of land each 200 feet wide exte,.ding the full length of and abutting upon each side of the 230 foot strip described in the preceding paragraph herea'r, as depicted on Exhibit B. 9. The conveyance by warranty deed and the granting and creation ( of the easement and restrictions shall be performed by Owner • imaediately upon filing of the plat and prior to issuance of any building permit. The ease»:nt shall be in such form and contain such additional provisions as shall be required by City's Planning Staff. I.;, . • Agreement-Charlson Estates page 3 • • 10. 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. . • 11. The condition of the title of any real property or any interest therein to be dedicated, tranferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, herein free and clear of any mortgages, liens, encumbrances, or assessments. 12. All sanitary server, watermain and storm sewer facilities conrete curb and gutter and bituminious surfacing, whether to be public or private, shall be designed to city standards • by a Registered Professional engineer and submitted to the City Engineer for approval. The Owner, through his engineer, • shall provide for competent daily inspection of all street utility construction both public and private. As built drawings with service and valve ties on reproduceable nylar and certification of completion and compliance with specifi- cations shall also be delivered to the city engineer. The 71. O:rner, prior to final plat approval, shall provide a bond or letter of credit in such form as shall be approved by the City and which guarantees completion of construction and pay- ment of costs thereof in an amount no less than the estimated costs of construction plus 20% of all street and/or utility systems to be owned and maintained by the City. The City shall accept such street and/or utility systems subject to , recon;eendations of the City Engineer and subject to receipt by the City of Owner's warranty, guarantying such sytems against any defect or defects therein for a period of at least two years, together with a bond or letter of credit in the amount of 25: of the costs for such systems in such form as shall be acceptable to and containing such further terns as shall be required by the City.. • 13. Oener 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 Docu::.ent Ruuaer and date and tiwe of filing duly certified thereon within 60 days from the date or this Agreement. 14. 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 13 herein, no building permits shall be issued on any of the lots described on the attached Exhibit B. ..., ' ''' ''''''''''-''.':''' '''''''''' '''''''''''—';'-''''''-'-'-‘,4-sss.i:l.....s.s.::.--?'.:;-:.'-''',::::::•.:'....Eil,'","3.,;:"ri,.•-;:"..;-.... ..-",,......:„.---c.;::•,,-„:..,,,,•-:;•.„2:,L,,-.5:1,-:....•.•..1..;.!•••:,:-•,--,..::::,::,•.::::.4,:„„ ' -; ..i., :•: 17.--....-7--:.„•F-•.:4":-.-.,----,-,:z..,...,::t,..,7:,,,T1..,_,....:,,..,,,_,...-„,....,.?„„:„.,:.,;,...-.....„..:„,, „....„.... .L. .,,,,:,.,,i,...,,:,,,,,t7.::., ...,..,:,...,,,,,,,..,, . ' -' : , .' :'...'''..7,:::"';.."'•5:;,,,..,'-'`.74,_,..,„-,..`.-,':',..„:....,-1..........:-,;„:-.„:1.::,,,,..,..t„.......,„,..,,t,.r,.,...,.23,,,,:z.,...,.„..,,,,,....::„.,,,,,,,,,..,,,,,,,,,.,....,i,...?„;_,,,.,„,,,,...,,,,,,,,,,,:,.....i. - ' " ' . ."-4' t 7,,--,'":''''7 '''. ::::'-:';',7?„":"Z",:-icf':7,.7..;1:,:F.,.;,-,,,,; ,,,„:;:,;,.....",!-",;:-.,.....,:.:..,:,•:::.,-„,;;;•;1,.--,,,• , .:' - --'''-'7''''''',.:::::':::l';': `::';,:,':'1,;:c.t.,,-;:,",,......;,.":"..:', :-.- -.....-, -.:••,,,....:- —,,,,,-„,,. ,,,-,.,:. . . .. . — .— ::..: Agreel..*iit Ciaarlsoil Estates , .•,, page 4 . '::- C ', ,-.•1. . . .. 15. Provisions of this Agreement shall be binding upon end of „.• ••.,-7. enforceable against thiner, its successors, and assigns the property herein described. '--- , 16. 0;!ner represents and warrants it °Iris fee title to the -, ' ''', ' '•• property free and cl,ear.of raor.tgag.....s, liens, and otlier . , encumbrances, except: . • . . „ .... . :•,-;';.• "..S.1--'-'' .... . ..„ :•.4';' .""*:.- . - -......,: - -,--... . --.1. . ..- .. ....',..,, ...,... . ..,:. ..-, ,.. ... ' , . . ,..... ,. ss ,..... ....-- ( ' . . .. . '., ..,. ' .... _ ... ., .. _. ...... • Agreement-Charlson Estates page 5 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 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. Fenzel, the Mayor and Roger K. Ulstad, the City Manager Qf' the City of Eden Prairie, a municipal corporation on behalf of the corporation. Notary Public • LYNN L. CHARLSON, Owner STATE OF MINNESOTA) 55.: COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this / day of 1979 by Lynn L. Charlson, Owner. Notes y Public tnrtttr a.seorr two?"alb.N,n.gfr.Couasr.Wm. ( Mp trammloa Uplift Da.• L - • • - .„ - • -, - „ • . . • -; • • parcel I: The liE 1/4 o the SW 1/4, except the East 42 rods of the South 2 rods thereof, together with an easement for. ingress and egress over the forth 16.5 feet of the NW 1/4 of the SE 1/4, in Section 29, Township 116, Range 22, and • • Parcel II: That part of the NW 1/4 of the SE 1/4 of said Section 294 Township 116, Range 22, Hennepin County, Minnesota, lying, .,....cerroth of the North 16.5 0 feet feet thereof, except the South 400 feet thereof, said 40 !waedsp at right angles from the South line of said NW 1/4 of the SE 1/4, also excepting from said NW 1/4 of the SE 1/4 of the following described ‘-•-• property: Beginning at a point on the East line of said fed 1/4 of the SE 1/4 16 1/2 feet southerly from the Northeast corner of said iiii 1/4 of the SE 1/4; thence southerly along said East line 616 feet; thence • • westerly parallel with the North line of said NH 1/4 of the SE 1/4 253.3 1"- feet; thence northerly parallel with said East line 616 feet to a paint 16 1/2 feet southerly from the North line of said NW 1/4 of the St 1./.4; • thence easterly parallel with and 16 1/2 feet southerly from saidUm tit line, 253.3 feet to the point of beginning. Parcel II is subject to the rights of the Village of Eden Prairie in Eden Heights Road as shown in Document Number 3617459 and recorded in the Office of the Reg_ister of Deeds in and for said Hennepin County in Book 1046 of Miscellaneous, Nage 233. • EXHIBIT A Charlson Agreement • • L :.r'r • it: i )i c\s‘.\\: ( `:,_/ � . .i) V -rk4t.,,:(S.' ) ° I i\-- -2*—' /• li i tli , c 4P---;1, -..., i '�,1' / .,„Li1).\;.i; ' "\-%.41-.) , .1,„„--„ i O aV. �4J �. �i r I:7 O •' am+ 0 bliq :,, ..ii..!(//„..--- • , ".-....-,../.4+""` -V.:: -:-..; • itli / 1 ,, .) ': I a yr- �s «�-- 111 4----\\-- ,..-- lir• i i \ 1 ': 1. i\\''',.‘,\.,... :///fli. i i (-1 1 .--.• •••' i • ''''''''`4"‹,,,,,\. ••4. I •" . ,..:71::,..i.,,,:i. 1r,. I : I I '\) 71411 g z" e d U3 ci• • .4i jlRg,o ?ti t� { ;: .1, . ' i 1[1 - *,9... ...1.• 'y.14' rt ; ;-1,•-,- - " i.".*: 1. 'Du .. y.5.0=4' :-‘... , F • • /I Jr"£XtilDIT B" I 1.1 ,.'''',"- '' ' l'''.:..-7.:.,...:,.',' -',. ,';',:, ,.".• • ."-- .: " ' - ' ' . . 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"' • - S• - • . • .i.-;- •! ,-__,:k•A .. ,,-.,;,,,.,-, ,,,,,..,.,,,, ; i-, ,, _ ::.:,• - %- ---: -\,..):- . ,----;-", ,, . •-4. , .....4.... - - -r " ...,‘';,.?---,&,,,,-,.. 0- • s• -,i ,.., -....%.j,,.,...7.:, f • ... '• ; 1 1 •.1\lk V-/ - ' ".4k:,.; ':'4'''''. ' '• • 1 ‘\/''''...'''.7f'..'`'ItS: -./.,-6... ./ .. --- .,....t....1 I ,.. . . . k... Nt\t. k..I•; 1 4 i t /s--• j \ • -"*".^..."'"4...... '. ". . : '.I I ‘ .. ---.4...... . N., 1; ' ‘ ••••••/s s",.......t f, „..." ."` .—'' ' ,„. s . .. • . ._ ... ' i ; I i i . ; : to*"\k4k, ! i 4::- a/...‘" :'. ; 1 '''.......17,:t ' ..4; I. I. • / f,. _...._..._.... i; ,I.,..T ,.,. D.--- --...„-i.7,....\\-!.,,.... 1 ../ ,,; , .. • .:(3 -Ni....} ...,- .. (. - !. . 1 ..:„..... ,... .. . ,., i _i•, \k • I I.._._.... •i ....•, • .I i k .i a, • ---; + i---' • _, . -,,'. ,•,..... ---.( Li •-. ' !1._.:---1 ,..('- 1 )--' .--- ' •t".1 .7-• .1 i • " II " 14) tto ' • . •i --- r: 1 . ,G / •4•••4, 'I - .. CO t) ''' ---t"---4,--....___L__ 7. N.,, .1/t . i . • • --.:-.- • !Z--- 1 .........7--vc....,/ • : . .••••-. . ,.., , ..1, . . r ' ...),. • .•• .. I fit) • t -- ' ::tt. . .,„ /k.. ........... "--.1%," .....•- • '1. .1 •-t. ; i----•• •••:. - •••t•-•---- • .'• • r : • i t,'r --:, 1 :• . i • •. k -- . 1,-0, I :: •• '' I .., Y...-4..•,........, .. .-. I 1 • '\ • . " . .' : 1 I • I . 1 1..r ' : s • !.: • ... •r,, t• t • 1 I st N .• • ./..." . S • #• l',.... .1.,, —.-- f :.1---- , --..1 -..1 : , 1 i...,-•t;,ii •..., J...., . r. . 1 ,,,. ....,i ..:-..- 1 •_.:.—...:* • • . • .../i - ( .1 .3 -I. • I •• ; I : ,.... • ., ,,,,....-—1 ' il . 1 '..-•1 *** 1 •IS*• ..:.,j.:A. :..0:i..t.....,..,..: ! •- . S. • • ..• sr$-..• . t EXIIIBIT C •" • • 44.3.1 t.", -1.•:tmt-4.1.4. • . I /;#14 . "; ........1.It• .si.-•sy 4'....A K.,-.......S.,.. •:::.,,r-^ '01 • • H.,...::.....,:.......:.:,., A1ti10RANDiJM i TO: Mayor and City Council t Parks, Recreation and Natural Resurces Commission 'FHRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services:-^' . DATE: June 14, 1979 . SU11JECTt. Purgatory Creek In August of 1977, the City entered into WI option with the Bluf.f's Company on a 19.12 acre parcel adjacent. to Purgatory Creek. At the swage time, the City entered into an option agreement with Dean, Robert, James and Richard Brown on 54.43 acres adjacent to the creek in the salve area. In the Rraucr creek study these parcels wore sited as significant natural areas that the City should attempt to preserve. The options arc for $10,700 per acre and both options expire at 11:S9 P.M. on July 31, 1979. This price amounts to $204,584 plus interest on a 19,12 acre parcel and $5332,401 plus interest on a 54.43 acre parcel. • C Staff has applied for Metro Council Regional Trail Development funding and has received a very low ranking - so low that we cannot anticipate funding; . for several years. Staff has also contacted the Soils Conservation Service anti the Riley-Purgatory Creek Watershed District as possible funding source::. The SCS did not have any grant funds available and the Watershed District felt the - maximum that se eight be able to expect would be $25,000 per year for four years beginning in 19b0. Ater pursuing these various funding sources with very little success, and eon;parieg. the City's existing funding sources (general fund, cash park fees, liquor p:efit:•1 eith the existing park system priorities, acquisition of these parcels at this time does not seem feasible. In the dcvelonmeut of the Purgatory Creek corridor to date, the City 11:+s rr:pt i r..l the dedication of the creek floodplain, and scenic easement on the t'' ainitte ` 1,`e:4. This, fur all purpose., preserved the Wildlife corridor but does nut provide any public vista areas or picnic area:: along the creek. . Staff would suggest the council consider approval of preliminary :ippllestIon for IAkCON funds for acquistion of at least a portion of this area and to re.lu,'_:t an extension of the option to December of 1OS1.2 (.if 1AWCOy funds are approved for 1950,funding wouldn't be provided until approximately December of VI:' .) Staff has filled out the preliminary application for:n:: for a 1.'\fCOS erat,: on the entire Purgatory Creek area under option, huxe•Ier those grants are Ititcd to $150.00o per project. A 111::0 l.r.tr.t for uula parcel 1 is pusa11•lt ,tor tt, t'Itt limit l per project. St.tff'wou.ld rc.'t,:r'n.i applying for aceeisitI 'n fund:. for the 19.1: acre parcel a:: a priority hecotse of its proximity to th lei:.lhorbnod park and the :mount nt us.nahle land on this; site. The C.atai it could :1tso consider allowing both options to expire :nad still pursue the grant and go through the ncg.ol jai iolt:; for land costs II' the grant tat approved. to'u.1 ...i d1 1 " ' '' .',,,,,,..-.,:,•:'..;.",.,„!::,.,..;,,,',„...:;,:7.4,3,,,:',.;:'," ::::.;,;".;',•.!i.ii:i'j:•::•.' 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C ,.. , ' .„,. ... . . . . „ ... -......, ..,,, . .._ , „ ...,•, . R n _ PLAN -,,,,•,,,, .. .,..-,:',. ... ,:. PARK I ANT LA1,1 , . .. BRy . PRAIRIE .,.,,,t, ....,.. .,. ..... OF .,...p.N . . . ...... ,.... ciTY F r.lj t.,..L 1979 ,.. . , ju-- ',.: ,7'....f .• . .. :. ..., •..• ,—, .. . „ : q C .,z...., ,..... ,..., .7-- . ..,,. ; . .•'....r. .,..'.4 , ., . , ...,,,„,,:::•.,::;',..;•:,-.-..,.. 7.-,'..", .. ..„.0. • ,.-,..,,,. ....:......,..,..,..,:.,....,,,,,,,,, ,,,„,.;:-..,,,•,,, -,,, , .... .„„, ., ... ......,........ , • ...'...,•'-',,t',.,..'„;',..',-,,',., , iv,'' A,,,'- • 1 . .... . ,.,,_. ,....,..,,:.:..,:,:.,?,,:.s,,-'7.,:.:'''''7.,:•.:•::: " " . ...-.2-:,,,,,,,...•,:„,-„?..','",,, ':;-..—::" " • G/13/79 and • MAS'I'L'R PLAN FOR BRYtANT LAKE PARK On November 22, 1977, the City of Eden Prairie entered into an agreement with the Metropolitan Council designating Bryant Lake Park as an area to be acquired turd preserved for use as regional recreationalropen space. • Through this document the City of Eden Prairie agreed to make every reasonable effort to acquire all parcels identified by the document as being within the boundaries of the Project area. Further, the document identified procedures. for use of grant funds and specified the total grant amount of $306,000 for • purposes of accomplishing the project and acquiring the lands and paying the cost and expenses authorized pursuant to paragraph three'of the document. . The City has acquired Parcels 2-8 and will be acquiring Parcel 1 a:: soon as it becomes available. The City began acquiring the property for Bryant Lake Park in 1973 with tie use *f LAICCON And LCMR Grants. The only remaining parcel required for acquisition is Parcel tg1, which is located on the north end of the lake and contains the western bank of Nine-Mile Crock running to the north and the western Side of a significant hill overlooking Bryant Lake. The existing property owner has 1,tilicatcd that this property will probably be developed within the next two years, at which time the City will acquire the designated park area. +` PARK BOUNDARIES Attached is a copy of a parcel map showing the existing park boundaries and the proposed parcel for acquisition labelled Parcel 1. Acquisition is expected 1981. DEVELOPMENT CONCEPT TRAILS • on December 30, 1977, the City of Eden Prairie entered into an agreement with the Metropolitan Council to accomplish the development of a trail system within Bryant Lake Regional Park. This grant was for the amount of $51,750 for the Intl-pose of accomplishing the project as authorized pursuant to the agreement. The trail system for Bryant Lake Park includes three major types of trails: bicycle Iraii pedestrian trails and equestrian trails. BICYCLE TRAITS The bicycle trail serving Bryant Lake Park is an 8' wide asphalt trail beginning at the bicycle trail along Shady Oak° Road running westerly along Rowland Road and southerly through the park near the shoreline. The trail then meanders hack to the northeast through the entire park until it reaches the proposal roadway connection herwern Rowland Road and Beach Road. This proposed roadway reruneet ion wit] be completed when the area to the north is developed. This hike trail will then link to another trail crossing; 1-494 and connecting with other bike trails in the western part of the City. PEInE`/El:N TI;ATLS • Pedestrian patlu: prvridr circulation fhrrrrghout the park and c•ouncel to v:u•ieur: picnic :rrt'aa the lrearh :n•ca, the pas;.ire tIelei D'aan' area and several ratl:ct 'colic vistas. The hi I,inl; trail is a cir:ul:aury :.yslcrt 1:roI will also be used a:. n :a,7 touring: Trail ::yacm kill r U;• ihr wilder month':, • • • • -2- . EQUESTRIAN T1'.AILS The equestriin center is located in the northetn portion of the park and the majority of the riding is conducted through lesson programs within the two out- • door arenas and the indoor arena. However, there is an equestrian trail leading from the barns southerly off into the former gravel pit area. This equestrian trail provides about a mile and a half, which is sufficient for a short ride for the beginning rider.. This will also provide a good exercise trail for those that may be boarding horses at the stables. PICNIC FACILITIES s. • • There nrc several picnic areas, the main facilities being located along the • shoreline northwest of the proposed swimming beach area. There aro also scattered picnic areas throughout the wooded portions of the park. Tire main picnic pavilion will be near the swimming beach as shown on the site master plan map. This facility is intended to be a rather large picnic shelter with ss ono end.enclosed for restrooms and storage. SIVIMINti BEACH The swimmming beach is proposed to be located in the protective cove in the southerly portion of the park. This cove provides protection from the hosts that are travelling at high speeds, and water depth is ideally suited for a swimming beach. This area is the first choice for the swimming beach, however �i soil borings must be taken to determine soil cos.ditious prior to final commitment. `p If this area proves to be unsatisfactory due to soils, the beach will be moved further to the northwest. BOAT LAit CII A boat launch will be installed approximately midway along the shoreline. This location provides good depth of water and a launch facility and fairly close access to the screened parking facilities. The boat trailer parking hoc will be limited to 10 parking spaces which should provide attgnate control for prevvetion of over crowding of the lake. 1'ASk1 Ni The carrying capacity of Bryant Lake Park (not including the stables) is approximately 700. The park will have two parking lots other than the boat trailer parking area. One parking area will he in the center of the park north of the sSfs swimming beach. This SO car parkins lot provides direct access to the major pavilion and swimming bench and is in close proximity to the eastern passive same field area. The other parhiug lot is located behind the natural best ape roti:acuely 150' north of the shoreline and east of the lieu launch area. This:.o ear parl.iitg; lot provides direct access to the majority of the picnic area along the shoreline and the fishing; piers. 1'titla['l:I,\\ r\rnLlT1ks The equestrian center is to be developed as a training center primarily for lesoe:• and toaritin!' horse care and stable management. it is iuteitded that this furiii;y frill provide sp.cial ot•cut,s for hr,'irp:: I::.tt stay want :t arts tti.te short 1c:.-:uu and I learn about horse::. The fart r:i.iv itIr;:t gt'iw.-rate .4her farnei of recreation such as hayrides, aIeighride'., etc. • • • _3- IAIPLEAIGNTATION The City of Edon Prairie kill acquire the remaining parcel to complctr the acquisition of Bryant Lake Park in 1980 or 1981. .Development of Bryant Like Park will occur over the next five years. The majority of tho development being completed in 1983. The City anticipates removal of the older Brea house prior to 1933. The newer Brem house r,S.11 ultimately be a managers residence. As the park is more fully developed a manager will be required for security purposes. Several of the existing buildings on the 8ren farmstead will be retained for storage of Y... madntenance equipment. 'Tho equestrian center will continue to be operated through a lease agreement thaFt tir 1l guarantee specified recreational programs and services. The attached pa-vital improvement program describes the timing of the proposed devolopment. Qp.LrMTI©1VS • 'liar City of Eden Prairie anticipates continued operation of biryarrt La1.c Ni "five maintenance and operation budget for this facility is funded through the general fund of the City under the Department of Community Services. Qpera-tine :cud maintenance costs are expected to rise from the $36,165 spent in 1978 to ;approximately $70,000 in 1983 when the park is at full capacity. . • F . p., a u CAPITAL IMPROVPhrTNT PROGRAM I RYANT !AKF, RP,fiIONAL PARR YEAR AMOUNT IAMPR0Vfl 1RNl' -. 1979 $ 75,000 Complete Trails • Repair Roof - Stables Grading and new parking lot - Stables Removal of debris and old building foundations - Stables Seeding of open field areas 080 $205,000 Construct new access road & parking lots. • Additional picnic facilities Asphalt surface en all read and parking areas. Development of new beach area 0Si $130,000 New Boat Ramp Additional Landscaping (repairing cuts in old gravel pit area) 3 2 $104,000 • Removal of old. Bran house and other unnc eczanwy. . buildings. Put in well and picnic Shelter i; with restrooms. 1 83 $ 95,000 Construction of Pishiang flan, lmpr ements to scenic vistas and trails, inclaiHaang benches and small shelter etc. Landscaping - stables • • • • • �. t • I . . f - • f ' . • r 4 j • _ . ' • (S/x/pia cci2 ,rfS, • •—.. �—..• • •,. `�'1' "'' T ..+;.:. l rtnsw. � ih3recl 3 ��"- - LIPS•e _ _..•.. , ,,eel .t't�H S •t; e • tikaas ` parcol 4 t•. r f < • v_'•"'._ parcel S �r parcel 4 y tt y .‘ •\• . ' ' \, . . • , ' FL... :;„'::":::".....':•?4: 1• •� \jt • •I•. 1 w • N 2 6 ;, \a ' • a.,f • . .\. • 1 .1. r ..,...._ ` 1311YAN1"•l.tt}\I. !'Al'•:K • ,, "�' ua4 • • ' 1 MEMORANDUM { • C TO: Mayor and City Council 5 Parks, Recreation and Natural Resources Commission I TiMRO: Roger K. Ulstad, City Manager FROM: Bob iambert, Director of Community Services T7 DATE: June 14, 1979 • SUBJECT: 1980 LAWCON Grants In 1979, the City received a LAWCON Grant for acquisition of the first of five parcels along the southern shore of Mitchell Lake. This grant was for $1.33,000. Thirty-three thousand of that total was local funds. The 1980 LAWCON Grant for Mitchell Lake is for Parcel #2. The City is now requesting a grant for $150,000. The grant limit of $100,000 for each project may be increased to $150,000 for the 1980 grants. City staff is also recommending approval of preliminary application for a LANCON Grant for a 20 acre parcel adjacent to Purgatory Creek. The City has an option that expires on July 31, 1979 on this parcel for the amount of $10,700 per acre. Staff has already contacted the Watershed District to research the possibility of any funding for acquisition of this parcel. Mr. Don Pennie has indicated that there is no funding available for 1979, however there may be a possibility of up to $ 25,000 a year beginning in 1980 for four years. Again, staff recommends applying for the maximum amount of $150,000 for acquisition of this parcel. There are actually two grant programs that we are applying for, LAWCON (Federal Land and Water Conservation Fund) and LCMIi (the Legislative Commission on Minnesota Resources Program). It is anticipated there will be approximately the same amount of LAWCON and LCMR funds for 1980 as there was for the year 1979. In 1979 there was $3,000,000 LAWCON funds divided 50/50 between the seven county Minneapolis St. Paul area and the rest of the state. LcMit was divided up as follows: $900,000 for local projects in the seven county Minneapolis St. Paul metro area, $900,000 for local projects in the rest of the state and $900,000 for regional projects in the rest of the state. Last year a total of 309 preliminary applications were received, 120 were recommended for funding. The Mitchell Lake site was ranked second in the metropolitan area for funding. The preliminary applications arc due into the Office of Local and 'Urban Affairs no later than June 29, 1979. Applications are reviewed by the staff at the State Planning Agency and the Metropolitan Council. Based on the rankings applications will be recommended for funding as follows: LAWCON Grants 50%, LCMR Grants 25%, Local Shares eye. After all LAWCON nds ve willcbeassigned, to the extent recommended for funding ahe s LCMR fonds are still available, applications follows: LCMR grants 50%, Local Share 50. Applicants will he notified of the final ranking of preliminary applications by ( approximately September of this year and the final applications will be dui December 7, 1979. On receipt of an acceptable final application the recommeadat.ion of approra1 is then bade to i.CMit and final application is then submitted to the Federal lieritage Conservation Service. ill.:ad / P . .Cl CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-119 1. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following. improvements; I.C. 51-322 High Trails Estates Utilities 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 Brown & Cris, Inc. as the lowest responsible bidder. NOW. THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Brown & Cris, Inc. in the name of the City of Eden Prairie in the amount of $696,797.85 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 19, 1979 ATTEST: Wolfgang H: Penzel, Mayor IL SEAL: John D. Frane, Clerk 1761 • • SUMMARY OP BIDS • I.C. 51-,322 DESCRIPTION: High Trails Estates Utilities • BIDS OPENED: June 14, 1979 10:00 A.M. CONSULTING ENGINEER: Rieke Carroll Muller Associates, Inc. CHECKED BY: BIDDER BID SECURITY TOTAL,ANOINT • Brown & Cris, Inc. 5% $696,797.85 G. L. Contracting, Inc. 5% 791,191.25 Northern Contracting, Inc. 5'& 813,870,20 Widmer Brothers, Inc. 5% 829,700.50 Progressive Contractors, Inc. 5% 852,733.50 Nodland Associates, Inc. 5% 869,711.00 C. S. McCrossan, Inc. 5% 871,566.50 Northdale Construction Co. 5% 965,976.50 The undersigned recommend award of Contract to Brown & Cris, Inc. as the est.responsible bidder fot this Improvement Contract. Consulting Engineer carl J. Jullie. P.E. Director of Public works/City Engineer June 19, 1979 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-120 RESOLUTION ACCEPTING BID I.C. 51-327 WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 51-327, T.H. 5/W. 78th St. & Mitchell Rd. improvements bids were received, opened and tabulated according to law. Those bids received were shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of contract to Brown & Cris, Inc., as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the .Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Brown & Cris, :nc. in the name of the City of Eden Prairie in the amount of $964,550.03 in accordance with the plans and it specifications thereof approved by the Council and on file in the office of the City Engineer, subject to concurrence by MN/DOT through a coopera- tive agreement with the City to be executed in the near future. ADOPTED by the Eden Prairie City Council on , Wolfgang M. Penzel, Mayor ATTEST: SEAL • John D. Franc, City Clerk 3". • ei l ( ThnD1Dv\ v fLi1)..11UU PLANIVN!IRANS'GHiATCWEIONTiiKIMAGHi$7{JmE June 15, 1979 City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: State Project 2701-23 Trunk Highway at West 78th Street Honorable Mayor and City Council: Bids were received at 10:00 A.M. on June 15, 1979, for the above referenced project. A total of two bids were opened. A third bidder arrived ten minutes late and his bid was returned unopened. The bidders and the amounts are as follows: Brown and Cris, Inc. - $964,550.03 West Suburban Utilities - $1,054,593.35 • Engineer's estimate for this work utilizing the Mn/DOT bid experience plus a 10% factor was $740,534.40. The amount of the bids has been discussed with the State Aid Engineer. The bid amount in excess of the Engineer's estimate is consistent with recent difficulties in estimating throughout the State of Minnesota. Brown and Cris has previously worked within the City of Eden Prairie and we therefore recommend award to the low bidder, Brown and Cris, Inc. in the amount of $964,550.03. Furthermore, we recommend that the bid award be subject to the completion of the cooperative agreement between the Minnesota Department of Transportation and the City of Eden Prairie insofar as a vast majority of the funding for the project involves Mn/DOT cooperative agreement funds. The City participation based upon the low bidder's schedule amounts to $20,297.70, the remainder being State Highway Department funds. I will forward a bid tabulation of the unit pric as quickly as i an be made available. Sincerel BATHE? ROSE-WOES, .' S-GA ER, INC. ( < it w r- e :7er, A LJG:dIk .,111+NIN61.10SF.VtlO,SQ FI D.JAHVISGAHDNtil PA+YUNMYNSISY AYE SE WNW AVOUS,MN'bbIIK WON$17J9fi1VIS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-121• . A RESOLUTION APPROVING FINAL PLAT OF CHARLSON ESTATES • WHEREAS, the plat of c}ABLSON ESTATES has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have beep. duly had thereunder, and • WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin antes of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for ataLSON EST. ES is a!,; . upon compliance with the reCanrnendation, of the City Engineer's Report on this plat dated a'mle 23, 1979 B. Variance is herein granted from City ordinance No. 93, Sec. R, Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of bead and/or Regis- trar of Titles for thier use as required by NSA 462.356. Subd. 3. D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval an behalf of the City Council upon com- pliance with the foregoing provisions. • ADOPTED by the City Council on Wolfgang H. Peazel, Mayor ATTEST: SEAL John D. Franc, Clerk .p ! t9 • • CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: June 13, 1979 SUBJECT: CHARLSON ESTATES PROPOSAL: The developer, Lynn Charlson, is requesting City Council approval of the final plat of Charlson Estates. This is a 10 lot single family residential plat consisting of approximately 63 acres located west of Eden Prairie Road and east of Riley Creek in Section 29. HISTORY: The preliminary plat was approved by the City Council on November 21, 1978, per Resolution #78-212. Zoning will remain rural through the requirements of Ordinance #135 until further subdivision is proposed. The Development Agreement referred to within this report as "the agreement" is scheduled for City Council approval on June 19, 1979. VARIANCES: Variance from City Ordinance #93, Sec. 8, Subd. 1, waiving the • six month maximum time elapse between the approval date of the pre- liminary plat and filing of the final plat will be necessary. UTILITIES AND STREETS: Municipal sanitary sewer and watermain will not be . installed within the development until trunk services are available. Storm sewer and roadway construction shall conform to Eden Prairie specification and the requirements of items 4 and 12 of the agreement. Roadways will be designed to rural sections with temporary turn-arounds placed after the last service drive on each street. The street name Riley Creek Lane conflicts with names in use, and must be changed prior to release of the final plat. New names will be approved by the Engineering Department and Hopkins Post Office. PARK DEDICATION: The requirements for park dedication are covered in items 8, 9, 10 and 11 of the agreement. BONDING: Requirements for bonding are covered in item 12 of the agreement. RECOMMENDATION: Recommend approval of the final plat of Charlson Estates subject to the requirements of this report and the following: 1. Receipt of the development plan (item 3 of the agreement.) 2. Receipt of fee for City Engineering services in the amount of $300. 3. Receipt of cash deposit for street lighting in the aniuugt of $787.20. j)J: • -• = ' • ' '" • • • TO: Mayor and Council FROM: John Frane DATE: June 15,1979 RE: Auditors letter to the Mayor and Council • Each department has been using a separately sequenced cash receipt hook; we will institute a procedure to check the sequence of receipts being delivered to the cashier to make sure that all receipts are accounted far. Differences occur most often because of the lack of deta_ fl coi;eatirefin?..eathee_ 7. •physical nature of a parcel. (buildable area). When tiff , d. . the staff has been making heiec Sari changes to•bring the Ilstattaent. into conformance with City policy." We suggutt the City adopt a .poTioy of staff adjustment when the required change is less than 5% Or %fiti;e000"-on parcel. The Council would continue to review all ftems where property owner disputes the amount of the assessment. The II The City has taken a physical inventory of its assets each year. T recommendation to institute an individual record for each piece of ego ip. t will be followed in conjunction with the recommended s ffing changes. •-•:„ •+" • • • - FOX, MCCUE& MURPHY CAPTURED FROLIC ACCOUNTANTS 700t PLYING CLOUD DRIVE EDEN PRAIRIE.MINNESOTA 55344 JOHN I.FOX.C.P A. TELEPHONE WILLIAM M McCue,C P,A, WIZ R44-6166 JAMES S.MURPHY.C.P.A. • City Council • City of Eden Prairie Eden Prairie, Minnesota Dear Mayor Penzel and Council: • Our examination of the financial statements of the City of Eden Prairie for 'the year ended December 31, 1978 included a review of the system of internal control and the accounting procedures of the City. Although our reviews ' disclosed no weaknesses which we consider significant in relation to the financial statements, we would like to comment on some matters that came to our attention. Several departments within the City receive cash or cheek receipts which are recorded in receipt books and then given to the cashier for deposit. Internal L control over such receipts should be improved to reduce the possibility of all such receipts not reaching the cashier. We recommend that each depart- meat maintain a separately sequenced receipt book and that the numerical sequence of all receipts be accounted for by the cashier. In performing detail testing of individual special assessment levies we noted an instance where the total amount of the levy did not directly agree with the amount approved by the City Council. Where the final levy amounts vary signi- ficantly from-the approved amount, we recommend Council approval of the final amount be obtained. The City does not maintain detailed individual records of general fixed assets. In order to establish better control over general fixed assets we recommend an annual physical inventory continue to be taken of all general fixed assets and detailed records be prepared and maintained of such assets. The items commented upon result at least partially from the lack of accounting personnel to perform all tasks in a timely manner. While we feel the present City Finance Director is an extremely competent and diligent employee, we are of the opinion that he needs either a part-time or full-time assistant to ensure that all accounting matters are handled in a timely and efficient • manner. We have prepared a letter to Mr. Roger lusted and Mr. John Franc commenting upon other matters of lesser importance that came to our attention during our lcexamination. • • '� .-. ..-- .. • ' .. • - ".- - ',..-;••,-,,,- -,s' ::":-,,--- ---.....;:•:-,_ - -' ' '•.---'''-- --- -.----,-------' "-;-`-‘-`'----•-•:-----'-. ' - - -'-'- —7•,, 7-,•-'- ---,;,--..-- -.,....--..,....- 1 - - - "-''' ''''''''. -7.-'''---''-'' --•- --,,,'-': '-'' -- z .:'--•-•-...---:-."-• --':-..---. .:,„._.„-,,, • - ' - - '-'" '- ,:"..- .---' - - - - . •- -,-‘--• --,f,-..,-:•-'-•:-.- ---.-- - - -'- '.. ...". . - ,'•.--...' •.-•- . •..".',--.-.,-,--: --- •.----:,-.-.--,--,, - , ..- • . -.. , . . • _ . .• a -2- -'' suggestions are submitted esg conditions noted during our arenor fliiiturenc°°°8uts are based upon•ded to be all-inclusive. They "''.. to assist you in strenghe:tnfuct:11: 1(t)15.,salin:sfireo::111:;::.aud are not intended to reflect on the honesty • .,... - . . We appreciate the opportunity to present theicsit commentsmandfutrtehereGMingtentyCludatir"a your consideration, and are prepared to for ee. We also v!:hdltl,:i:1;pra:ve our appreciationuati far the courtesy and assistance extended to Very truly Yours, •- , a4e, 4 M`244*134AS - ax!rib I ft•h _• •- ---' •-- ' '' `''',•", iil ilaa Prairie, Minnesota - --- - ----- --- Bay 30, 1979 .,,„ .. -:.-• .- -- , ..•:- , .‘.:: . •.....;.:. • -,...-. ...... ..-.‘., , .... • .... .., ... —7—' • a . rl, 1, t ' 4( - •'11 ' ' • 11 . , _ .... ... , • . .... . .-- ,. ,.........., ,, . _ . . : • • •• • •-' "„ „ •=•'7.••••'...•• , • .,-• •, • .•••••-•: • • • -• . Ar. • TO: Mayor and Council •.• TI4RU: Roger Ulstad FROFI: John Frane • • • DATE: tine 15, 1979 R . 14I0Ti Bonds Energy Controls/Lloyd Miller - $1 150 000 , • Mr. Miller, owner of Energy Controls, which is presently located in • ' Eden Prairie, is requesting preliminary approval Of.M,I,D,11.'S • to construct a 60,000 square foot office warehouse in an area presently zoned 1-5. Energy Controls will occupy 30'000 square f t* the balance would be leased to Kleer Flo Company which is alsoe °Presently • . located in Eden Prairie. The facility would employ about 47 persons. - A public hearing could be held on July 17th. : • •-• L•1 . .• • • •-••• • • . • r• ..'•••••:••••":. '"L"'"'"" .7!":trilt • • CITY OF EDEN PRAIRIE, MINNESOTA 4 Application for Industrial Development Bond Project Financing • • 1. APPLICANT: a. Business Name - Lloyd W. Miller, Individually 5101 Woodridge Road Minneapolis, MN • b. Business Address - c/o Energy Controls, Inc. 7248 Washington Avenue So. Eden Prairie, MN 55344 c. Business Form (corporation, partnership, sole proprietor- ship, etc.) - an individual d. State of Incorporation or organization - n/a • e. Authorized Representative - Richard W. Anderson 9600 Valley View Road Eden Prairie, MN 55344 f. Phone - 612/944-6803 - Richard W. Anderson 612/944-1263 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a. none • b. • c. • • • -1- 4 • 3. GIVE BRIEF DESCRIPTION Of NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Applicant is a real estate investor. In addition, Applicant is President ' and sole stockholder of Energy Controls, Inc. (ECI), a Minnesota Corporation which manufactures or sells electronic controls for heating and air con- ditioning equipment and plastic shield devices for said controls. 4. DESCRIPTION OF PROJECT: A 60,000 sq. ft. office/warehouse building to be leased by Applicant to ECI, who will occupy 20,000 sq. ft. and sub-lease the balance to other tenants. Prior to commencement of construction, leases will have been entered into for not less than 75%of sub-leased space, a. Location and Intended Use: Shady Oak Road at Shady Oak Drive, both to be constructed in Shady Oak Industrial Park, Eden Prairie, Minnesota, Distribution and assembly of above mentioned products by ECI fur 1/3 of building; balance of use unknown at this time. See Brochure and samples attached from Applicant. b. Present ownership of project site: Richard W. Anderson, Inc. c, Names and address of architect, engineer, and general contractor. Architect - Roberts Architects - 7900 Xerxes Avenue, Bloomington, MN' Engineer & General Contractor - Adolfson & ,Peterson. Inc.. 6701 W. 23rd'St., Minneapolis, MN 55426 Developer - Richard W. Anderson - 9600 Valley View Road, Eden Prairie, MN J. • • 5. ESTIMATED PROJECT COST FOR: Land 5 acres $ 250,000 Building 60,000 sq. ft. 1,100,000 Equipment -0- • Other (financing costs) 80,000 Total $1,430 000 -2- /773 • 6. BOND ISSUE - a. Amount of proposed bond issue - $1,I50,000 b. Proposed date of sale of bond - June 1, 1979 c. Length of bond issue and proposed maturities - 30 years amortized monthly in equal installments with call provision at end of 15 years. d. Proposed original purchaser of bonds - ?he bands 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 - Applicant may borrow up to $250,000 on a 5 year unsecured note from seller of land to finance a portion of applicant's equity in project. 7. BUSINESS PROFILE - Information applies to ECI only, since other tenants have not been determined as yet. a. Are you located in the City of Eden Prairie? Yes • b. Number of employees in Eden Prairie? 17 4r i. Before this project: 17 -3- y 1 P • , %.• , . , ii. After 'this project? 35 c. Approximate annual sales - $500.000 projected for fiscal 1979 d. Length of time in business Ps years in Eden Prairie 21*Years • e. Do you have plants in other locations? If so, where? 11Cme f. Are you engaged in international trade? No -IL 8 OTHER INDUSTRIAL DEVELOPMENT PlItlIECT(H): • 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 103(b)(6) of the Internal Revenue Code. None • • • • • -4- „. f4IF _ b: it . List all cities in which the. Applicant has requested industrial revenue development financing. Y;= None • c. Detail the status-of any request the Applicant has before any other city for industrial development revenue financing. None . d. List any city in which the Applicant has _Wen refused industrial development revenue financing. None :',,,,,':. e. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. None • C • • 1'17 • '" •-•-' I ' 2- - • ; ,`T"'t;-:" " •. • . "I‘ -'1"2 .;;;.., • ' '` :II' ":" • - , • • f. If Applicant has been denied industrial.levtlofpimnt revenue financing in any other city as in (d) or (e), specify the reason(s) fo;identified denialll and the name(s) of appropriate city officials who have knowledge of the transaction. • None • \--"'• 7 • - 4.. NAMES AND ADDRESS OP: Agent or Mortgage Broker: a umunoximounpomemadmucamallgO . Daugherty, Dawkins, Strand & Ekstrom , 414 IDS Center Minneapolis MN 55462 • b. Private Placement Purchaser (If private placement) institutional mortgage lender to be deermined _ . If lender will not commit until City has i* passed its preliminary resolution approving "•1';`'. 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 • • -6- , . . ..„ . 6, h Wu , b. Bond Counsel - Macka7l'; Crounse b Moore • ilding 1007 First National Bank au Minneapolis, MN 55402 Applicant's ' c. QFXi`�RJ(' Counsel - sgt , d. Accountant -for ECI 5509RichaEden�Praird rie Road Minnetonka, MN 55343 10 WHA • T IS YOUR TARGET DATE FOR: a. Construction start - June 1, 7979 b. Construction completion October 1, 1�379. FOES FURTIiBE IisTro dATION CONTACT: .:.` The undersigned Applicant understands Chat the a .praual or disapproval by the City Of Eden Prairie for n u irrial Development bond fint�ncing does not a prsss.ly or lr vie xaa constitute any approval, variancse, or waiver of any p or requirement relating to any zoning, build5..ag, or other rv]e or ordinance of the City of Eden Prairie, or any other law • applicable to the property included in this project• LLOYD MILLER, INDIVIDUALLY Applicant • • • • bate ' -7- • • . : • • - • ••••' - • 7,•'"•- - . ' . 11. ZONING - TO BE COMPLETED BY THE CITY PLANNING DEPARTMENT driur a. Property is zoned - I-5 ;• b. Present zoning (is not) correct for the intended use. -• Zoning application received on for which is correct for the intended use. • d. Variances required - None • . . ' • •• • • • .0.11 • City P a.nner Eiger • - • . , -• -8. • • „ . . ,.••,„. ••• •• , • ENERGY CONTROLS, INC. 7248 WASHINGTON AVE.SO. EDEN PRAIRIE,MINN.55344 PHONE(812)944-1263 • TOTAL HEATING&COOLING EQUIPMENT MAINTENANCE SPECIALISTS • June 14, 1979 Mr. John Frane City Financial Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Ho. 55344 Dear Mr. Franc: We have recently taken on a distributorship of the Meguay Enerteeh Energy Management System which covers the areas of South Dakota, North Dakota and Minnesota. We will be increasing our employees by twenty—five more within the next year. We anticipate to increase our sales by approximately $500,000.00 for the first year. In the two weeks that we have been selling we have prospective proposals totaling $200,000.00. • • With increase business activities we are in urgent need of additional office and shop space. I would appreciate immediate action on the Industrial Revenue Bond. Sincerely, Lloy • Miller Pre.eident LM/bac PREVENTIVE MAINTENANCE SAV=ES$$ • ENERGY CONTROLS, INC. 7248 WASHrNGTON AVE.SO. EDEN PRAIRIE,MINN.66344 PHONE(612)944 1263 TOTAL HEATING&COOLING EQUIPMENT MAINTENANCE SPECtALISTS • June 14, 1979 • Mr. John Frane City Financial Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Mn. 55344 RE: Energy Controls - Industrial Revenue Bond • Dear Mr. Franc: Our corporation has committed to Kieer-Flo Company, 6600 'Washington Avenue • South, to lease it 30,000 s.f. of space in our proposed industrial building. on Shady Oak Road at Shady Oak Drive in Eden Prairie. An option has also been committed to Wally Hilgren to purchase fifty percent interest in said building following mortgage closing and occupancy. The Kieer-F10 Company employees approximately thirty employees. IL has been located in Eden Prairie for over ten years. The president of the company, Wally Hilgren, is the principal shareholder.. • Yours very truly, • ENERGY CO "PALS, INC. Lloy r4111er Pre ident • Please proceed with publication of a Notice for a ivaring • on the requested Bond Resolution. dif Ll yd Miller Individually • n 'L PREVENTIVE MAI.RI ..F.NMILC.E SAVES 4$ . Yr a i ... , . .-..- - -' „7-, ':,,,-•,•,-:„-. '.7--•:- 's • --,--" ''''.'„'•• — ---...:;"-,•"7-:::..''''.•:.'''' ' ' '' •• ' ' ' ' , , : , - • • • • "' --- '"- - .... . . . ,, ' . '' . - ....". - -• - ..."'' ...•., • . '.• -'-....-',"" , It -..,.. • TO: Mayor and Council ., .:' ...--., ,.. FROM: John Frane ...7 '1• "....‘ DATE: June 15, 1979 . ."--.. RE: M.I.D.B's for Parker Hannifin Corporation - $2.000,000 '''•:" - - The Parker Hannifin Corporation is requesting the City agn a of_ blic hearing for the issuance of I R. Bonds tobepf.ivatceill to hold privately . :„. company intends to build a 55,000 ignore foot building to be used i The s • :".,.•-: .... " an effice/manufacturingiwareh ,•-• .. ...,.: atPJect would be built on lots°1j1e&f2acofilisttyadeniPyClalotrinIn9d2trigerliftre' kTha4th an estimated cost of $2,000 00p The correct for the intended use and the pr:tperty property il Illneci erisequest r '1'5 Whttl6 i-h tg could gw scheduled dhsitchhediusaIso correct for the intended use, A public hearingi oulti be2 1;. for July 17th. . 1 . - . - •-- ,•— , :',,,, "•.-- . , ----• - •., •,..• , • '-: •• - • -•• ,.. . • : - • - • . . ( • •, 0/42 . . • • -- - '''::"7 :: '',,-"'"--:----":'-' '' , ' ''' ' " '-'-"" •:'Y'" 4 : •. ! , .1'". -'4 ":.. ..,'': --4, 2. • CITY OF EDEN PRAIRIE, MINNESOTA �r Applicatinn for F Industrial Development Bond Project Financing ` r • 1. APPLICANT: _a. Business Nance - PARKER HANNIFIN CORPORATION b. Business Address - 17325 Euclid Avenue ' Cleveland, Ohio 44112 c. Business Form (corporation, partnership, sole proprietor- „• ship, etc.) - Corporation ti. State of Incorporation or organization - • Ohio r,. Authorized Representative - Wally Young, Treasurer, Cleveland Jim Beiswanger, Minneapolis • General Manager, Plews Division f. Phone - (216) 531-3000 Cleveland (612) 920-9010 Minneapolis 2. NAt.iE(S) AND AI)1)R3.SS1 Or MAJOR S1'ocI:IIoLUl•.'iw OR I'I:INC II'AL : • a. Publicaily Held, New York Stock Exchange • b. • C. • • • • -1- Y° • 3. GIVE t1RIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL s PRODUCTS, ETC: Parker Hannifin is a manufacturer of fluid power products. The Plees Division manufactures oilers, grease guns, oil spouts, blow guns, : pneumatic couplers, tire gauges and other mechanic's service tools and supplies. d.. DESCRIPTION OF PROJECT Estimate 8,00D sq. ft. of office for general management, sales management, • accounting, and data processing.s Estimate 47,000 sq. ft. for light assembly, packaging,u tion and :I,ntende(l' use.shipping. Shady Oak Industrial Park. Use will be general office, assembly, packaging, warehousing and shipping. r r r•: . ' +3w°tooi `,eft j{ } b. Present ownership of project site: Richard W. Anderson c. Names and address of architect, engineer, and general contractor: John Thompson Vice President, Industrial Engineering 17325 Euclid Avenue Cleveland, Ohio 44112 b. Y. I'ItIA'I';1) PROJECT COST FOR: • • Land Building $,._._1,300,000 —_-- Egui.pm snt $._ 215000• -- -- Other Specials $ 170,000 Total $ 2,000,000 —2— q tad,./1 P S: i • • 6. BOND ISSUE - a; Amount of proposed bond issue • - $2,000,000.00 b. Proposed date of sale of bond - Tentative October 1, 1979. c. Length of bond issue and proposed maturities - Tentative 25 years. d. Proposed original purchaser of bonds - Private placement, lender not determined. • e. Name and address of suggested trustee - Unknown at present time. f. Copy of any agreement between Applicant and original purchaser - Lender not determined. g. Describe any interim financing sought or available - None • h. Describe nature and amount of any permanent financing in addition to bond financing - None 7. BUSINESS PROFiLB - a. Are you located in the City of Eden Prairie? No •b. Number of employees in Eden Prairio? None ' Ci. Before this project: None I ' • ii. After this project? 65 employees, estimated payroll $1,000,000.00. c. Approximate annual sales - Parker Hannifin Corporation sales exceed $800,000,000.00 annually. • d. Length of time in business 1938 • in Eden Prairie 0 • e. Do you have plants in other locations? If so, where? • Yes. Parker Hannifin Corporation has 53 plants in 22 states. • f. Are you engaged in international trade? • 411 ' Yes 8. OTILER 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 "relented person" within the waning of Section 103(b)(6) of the Internal Revenue Code. None in the state of Minnesota. Others include: Jacksonville, Alabama Manhattan, Kansas Ogden, Utah Lorain, Ohio • • -4- • h. List all cities in which the Applicant has requerte:: industrial revenue development financing. Jacksonville, Alabama " Manhattan, Kansas 1: Ogden, Utah Lorain, Ohio C. 3)etaii the status: of any rcquo+t the Applicant has hofoxw� .,,,,: any other city for instustriazl d+zveiopment revenue firm:ncin . None d. List any city in which the' he AfZpltcant harp beenrefused industrial development revenue financin . None • e. List any city° (:.nd the projeect n:tiae) where the Apulia azti: has :ranuira'ci . ie d. t•hery approval to proceed but in w'i°11iz final approval authorir.iui; the financing haS tJaci debt �d. None , ( • lit i f. If Applicant has been denied industrial sfievciopment revenue financing in any oiiaer city as identified in (d) or (e), specify thereason(s) for the denial and the name(s) of appropriate city officials who have knowledge of the transacioa. • i3. NAMIS AND ADDRESS OF: a. Underwriter (II public offering) Not known at present time b. Private Placement Purchaser (If private placement) : ::,.. Unknown at present time 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 interestiat4sCit n ttie offering subject to ;�ppropry approval and approval of the Commissioner of Securities. Proposed private placetn nt, lender is not known. f -G- dlis ,. z.; 1 b. Bond Counsel - • Dorsey, Windhorst, Wannaford, Whitney & Haliafay : j L. ' c. Corporate Counsel - Thompson, Hine and Flory • d. Accountant - • Coopers, Lybrand WHAT IS YOUR TARGET DATE FOR:, August 1, 1979 . a, Construction start - January 31, 19113 b. Construction completion - • FOR FURTHER INFORMATION CONTACT: The uudersigned Applicant understands that the approval or disapproval by the City of Iadon Prairie for Industrial Development bond financing does not expressly or iypli�iYian eosistitute any approval, variance, or waiver of aor other iofl or requirement relating to all' zo+'lifR, buildi'nl;, or ordinance of the City of%Edenelu ediinithisrpr`ny other to r applicable to thea property Parker Ilannifin Corporation AI)I} scant IP • ' .' . ' • • ( fi June 14, 1979 Mate • -- '''''''''''''' ''::''''-:.-l'-:'...7.7.-:-..1:'::-.;:-i'''''"---"T.:'''''''.--,-.'-.2.1. ..:',.::-.'""-'-'''."''.'''.--' ' -'-'. :'."--'I-''''','Z''''''•:7.7:''''. I':.',•.'"•'''';',';'''-•:',;-.7';,:.."...:','-'.-;„,-.,...:'..'",f.",I,,,..;,;;;;,,...,;:-I..-,,-,,,',,:,..„,.,..*,:::::,..„...,. '''''e'S.' -::: l'''.'.''''''''7''''''''''i;?''''''':'''''''''''''';"1. '''''''''.-.-:::-:''''''''''''..':''''..'I',. 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(is not) - ' . , . • • ' .• , , , Zoning npplie:ttion reee.lvet1 enw foritich is earrect for the intend.,:l use. . . ' -'''''•": - ...,. .-",.'-.•,.. . •-, , ..„..... . d Veriancch required - . . .„...,.„., ' •: ..., .-zr' 1if 1, :...;::•..."' „tt city P1'mn. 7.,:•- , '17,.." ,.-. -•-• '•.';'.... -.,. . • . .. . . ; . , . . ( • ,,_ -a- - . , . . . . '•- . ,,•:' -..:1..'.,,-..: ..:, ''': 1143 ' ''•--"..s:'''.:::',..:.....:.:.',•:::.;:]:::_.,••:::::.-,...,. :,..,., . •..,'..'--.::::.:;-:-.-ii.,...:'1.1.:?..:•,,,!--'-•"..-',-.,' -',1 ----""'-''""-'',".•'7"'"7.,':','•:'•:' . , . •...,,, y. ,. ,,A. , . . '-',::: ','......."",".....-....,:•--...•.%....i.•• , , • June 19, 1979 STATE OF MINNESOTA "ITY OF EDEN PRAIRIE OUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 4500 VOID OUT CHECK S 4501 EAGLE DISTRIBUTING Wine 25.4: 4502 TWIN CITY WINE COMPANY Wine 181.70 4503 JOINSON BROTHERS LIQUOR Liquor • 390.4:' 4504 QUALITY WINE COMPANY Wine 342.4:' . 4505 GRIGGS, COOPER & COMPANY Liquor 519.4" 450.6 ED PHILLIPS COMPANY Liquor 764.7:' 45:07 INTERCONTINENTAL PACKAGING Wine 386.81 4508 MINNESOTA DISTILLERS, INC. Liquor 1,207.94 4509 HOPKINS POSTMASTER Utility Bills 129.70 -4510 GRIGGS, COOPER & COMPANY Liquor 782.9s 4511 ED PHILLIPS COMPANY Liquor 1,173.60 4512 JOHNSON BROTHERS LIQUORS Liquor 724.34 4513 GREG FARNAN Refund on permit 24.9r ▪ 4514 CARL JULLIE Expenses 190.SN: • 45 CHRIS STETTER Round Lake Change 25.D0 t'fi UNITED FUND Payroll of 6/8 31.34 4S17 FEDERAL RESERVE Payroll of 6/8 9,836.3 - 4518 PERA Payroll of 6/8 7,499.:' 4519 OAK GROVE PROPERTIES Easement 10,800.0 520 THORPE DISTRIBUTING CO. Beer 3,094.7 521 PEPS/ Liquor Store 245.5 4522 DAVIDSEN DISTRIBUTING CO. Beer 82.'• 4523 DAY DISTRIBUTING CO. Beer 2,314.c 4124 COCA-COLA BOTTLING INC. Liquor Store 198.4- 4525 BEER WHOLESALERS Beer 1,700.5 4126 ROUILLARD BEVERAGE CO Beer 1,095.7 4527 EAST SIDE BEVERAGE CO. Beer 3,856. 4528 LEDING DISTRIBUTING CO. Beer 2,457. 4529 GOLD MEDAL BEVERAGE CO. Liquor Store 4530 BUTCH'S BAR SUPPLY Liquor Store 4'OC.'' 4531 CLOTHES OUT/CENTER Shirts - Tree Inspectors 19." 4532 PRAIRIE VILLAGE MALL ASSOC Rent & Taxes 1,765.. 4533 LARRY HENDRICKSON Teen Center Disco 125. " 4534 A & H WELDING CO. Services 13 4535 ACTION RENTAL CENTER Services 31." 4536 ADVANCE AMBULANCE & EQUIP. First Aid Supplies 4537 AKINS FIRE EQUIPMENT CO. Fire Coats 3,001.0 4538 ALAN SIGNS Signs - Liquor Store 31•:'' 4539 ALL INDUSTRY SUPPLIES Fire Equipment 68.4, 4540 AMERICAN NATIONAL BANK & TRUST Services 62.4''' 4541 AMERICAN PLANNING ASSOCIATION Dues 4542 ARMOR LOCK & SAFE CO. Park Buildings 276.-"^ 4543 ARTEKA, INC. Reforestation 748.81 4544 ATOM Public Safety Training Supplies 20.o ( 1545 BRW TH 5 & W. 78TH ST 14,308.... `4546 BRW Lotus View Drive 1,t)0k..;: 4547 BATTERY & TIRE WAREHOUSE Parts 71 , 4548 CURT BERCQUIST Fireman 756. ' 4549 BITUMINOUS ROADWAYS, INC. Tennis Courts 4,470. ' 4550 BLOOMINGTON LOCKSMITH CO. Keys 25•"" 7.,' Page two June 19, 1979 t (i51 BLUE CROSS & BLUE SHIELD Health Insurance i 132.4:' 52 BLUHENFELD SPORT NET CO. Balls }`' 110,61 4553 LANCE BRACE Fireman I. 452.00 4534 BRAUN ENGINEERING Shady Oak Ind. Park 1,846.81 4555 BRAUN, INC. Cabinets 1,164.00 4556 BRUCE BREN Fireman• 486.atrc� 4557 LES BRIDGER Supplies 4.`' 4558 BROWN & CRIS, INC. Dell Road & Lotus View 47,565.1' • 4559 ROW BURKE Fireman 731.t±;. 4560 BUSINESS FURNITURE, INC. Files 631.9', 4561 DUANE CABLE Fireman 522.0, 4562 CANAN SIGN CO. Decals 806.4; 4563. DICK CARPENTER Services 125.0. 4584 JAMES CLARK Fireman • 504•U 4565 CHANHASSEN AUTO PARTS, INC. Repair parts 179.9)' 4366 CLUTCH & U-JOINT Repair Log Loader 1,064.0. 4567 SPENCER CONRAD Fireman 476.0;! 4548'' WALLACE CONRAD Fireman • 318.u., 4565 COPY EQUIPMENT, INC. Supplies 275.1'. 4510 CURTIN MATHESON SCIENTIFIC, INC. Supplies - Water Plant 28.7' 4571 CUTLER-MAGNER CO. Lime 2,832. 7. 4572 CROWN PLASTICS, INC. Plexiglass 28.1 4573 DALCO Cleaning supplies 398•?L 4574 A. B. DICK PRODUCTS CO. Paper 43•'',.. 4575 LARRY DOIG Fireman 646.0, itt576 ART EBERSPACHU Teen Activities 50.0 77 EDEN PRAIRIE HIGH SCHOOL Year book - Public Safety 7.0: 4578 EDEN PRAIRIE NEWS Ads 541.'+ 4579 EDEN PRAIRIE SANITATION CO. City Hall 67.'- e1580 FEDERAL DYNAMICS, INC. Repair supplies 165.! 4581 FEED-RITE CONTROLS, INC. Ferris Sulfate 1,105." 4582 FLYING CLOUD OIL CO. Seating Oil 59•" 4543 FREEWAY FORD Squad Car 6,264., 4584 FRONTIER LUMBER & HARDWAR Park Maintenance 102.-' 4585 G L CONTRACTING, INC. Repair Water leak 72'). 4586 GLENWOOD INGLEWOOD Park Maintenance 181. 4587 GOPHER ATHLETIC & SUPPLY Recreation supplies 34. 4588 GRENDAHL MECHANICAL, INC. Senior Citizen Bldg. ' 11''. 4589 GROSS INDUSTRIAL SERVICES Liquor Store 7- 4590 GUNNER Fr.FCTRIC CO., INC. Senior Citizen Bldg 2•000.' 4591 HMO SERVICES Health Insurance 1,00a..•. 4592 JACK HACKING Fireman 741• 4593 FRED HAFFNER Fireman I,1S4• 4594 ERIC HAGEN Packet deliveries 70." 4595 HENNEPIN CO. DEPT. OF PUBLIC WORKS Maintenance supplies 400.4. 4596 JOHN HOBBS, JR Fireman 62)4,0,. 4597 JOHN J HOBBS, SR Fireman 204.0 4598 HOPKINS DODGE SALES Parts and repairs 154.74. 4599 HOPKINS PARTS CO. Parts 1,004.4. 4600 HOPKINS RADIATOR SERVICE Repairs 71.11' ( '601 WILLIAM P HUBER Mileage 19.'4, 4602 MARK HURD AERIAL SURVEYS, INC. Services 1.690.:,: 4603 TARA HUTSON Refund fee 1'!.0.: 4604 EDEN PRAIRIE SCHOOLS Rental ;1 4605 INTERNAL REVENUE SERVICE Liquor License 54.1w 4606 GENE JACOBSON Fireman 1.1114,0.. . . Page three June 19, 1979 507 JAMES JENSEN Mileage 10.71 M4608 GEORGIA JENSEN Services 47.2�' 4609 FOX, MCCUE & MURPHY Services 1 380.0v 4610 DUANE JOHNSON Fireman 552.00 4611 RON JOHNSON Fireman 542..(R 4612 JOHNSON PAPER & SUPPLY CO. Paper Towels 19.is 4613 K C AUTO BODY Repairs 104',•ir . 4614 ROXIE KAMP Teen Center 15•s" 4615 EDWARD KORBEL Refund foe 14.s 4616 LABELLE'S Recreation supplies 53.1 4617 MARV LAHTI Fireman 4618 M E LANE, INC. Insurance 13,77E.0 4619 M E LANE, JR. Fireman 398.0y I 4620 AL LARSON Mileage 4.8,. .: 4621 LEAGUE OF MINNESOTA HUMAN RIGHTS Dues 39.0!' 4622 LEEF BROS, INC. Services 126.i.. 4623 ROBERT LISTIAK Fireman 643.00 4624 LONG LAKE FORD TRACTOR Parts 30.7- 4625 LOWELL LUND Fireman 986. i 4624 MACQUEEN EQUIPMENT, INC. Sweeper brooms 293.,' 4627 MANAGEMENT LEARNING LAB. Subscription 7.t ' 4628 ROBERT N MARTZ Expenses 15.7' 4629 JAMES MATSON Fireman 702.s1 4630 TERRY MCKILLIP Fireman 44.v: 4631 BEN MEADOWS CO Paint tree disease 203.'2, 32 MEDINA ELECTRIC, INC. Fire dept. 222.e: 33 MEDICAL OXYGEN & EQUIPMENT Supplies 107.s' 4634 METROPOLITAN WASTE CONTROL July 18,094.' 4635 METRO PRINTING, INC. Service 159.i.. 4636 MIDWEST ASPHALT CORP. Blacktop 539.,. 4637 MILLER DAVIS CO. Supplies 1'•' 4638 MINNEAPOLIS STAR & TRIBUNE Ads 122.' 4639 MINNEAPOLIS OXYGEN CO. Services 25.' 4640 MINNEGASCO Services 97. 4641 MINNESOTA RECREATION & PARK Workshop 30.1 4642 MINNESOTA VALLEY ELECTRIC Service 1.' 4643 MARILYN MITCHELL Services 3000 4644 RAY MITCHELL Fireman 1'IiC4., 4645 MODERN TIRE CO. Tires and repairs 17t'' 4646 TOM MONTGOMERY Fireman 584.s, 4647 MUNICIPAL & PRIVATE SERVICES Animal Patrol 1,051.'' 4648 NATIONAL CITY BANK OF MINNEAPOLIS Interest 37,40•+'' 4649 BERNARD NEUMANN Fireman 440.1 ' 4650 NODLAND ASSOCIATES, INC. Lake Trails Estates 51,389.Y 4651 VOID 2,7ft4. , 4652 NORTHERN STATES POWER Services 4653 NORTHERN STATES POWER CO. Services 4654 NORTH MEMORIAL MEDICAL CENTER Tests 45'00 4655 NORTHWESTERN BELL TELEPHONE CO. Services I,1143,n 4656 0 & P CONTRACTING, INC Super Value Project 2,10L.0;' 1-'657 CURTIS OBERLANDER Fireman 1,1 a s!' .658 CHAS OLSON & SONS Parts 7 Supplies p yl 's 4659 PAULINE OLSON Su 11 746 . 4660 MARTIN PAULSON Fireman 4661 PENNY'S Supplies I 4662 PEPSI-COLA City Hall & Water Plant 157 I'., . Page Four June 19, 1979 ,63 THE PHOTO MILL Film - Assessing 165.75 664 PHYSICIANS HEALTH PLAN OF MN Health Insurance "5 000.53 4665 DOUG PLEHAL Fireman '1,185.26 4666 PAT SOLIE Postage due 5,01• 4667 PRAIRIE LAWN & GARDEN Weedeater 43.70 4668 PRAIRIE OFFSET PRINTING, INC. Supplies 46,4( 4669 GERALD PRODOEHL Fireman 696.0. • 4670 PUBLIC SAFETY DEPT. PETTY CASH Supplies 19.0;. 4671 BECKI QUERNEMOEN Mileage 9.7.'. 4672 RAPID COPY, INC. Supplies 8.0, 4873 RICK RABENORT School 15.04 4674 STAN RIEGERT Fireman 1,086.Os: 46'76. RIEKE CARROLL MULLER ASSOC. Services-Shady Oak Ind., Round Lake, Valley View adn 168th St. 35,966.31 4676 RMS Parts 32.8': 4677 MICHAEL ROGERS Fireman 428.00 4678 NORBERT ROGERS Fireman 765.3c+ 4878 ROTO-ROOTER Services 70.55, 4680 VOID 4661. ST REGIS PAPER CO. Fence 317.3' 4682 CHARLES SCHAITBERGER Fireman 692,04' 4683 FRANCIS E SCHAITBERGER Contract for deed 31,800.0: 45414 HARVEY SCHMIDT Fireman 354.0. 4688 JOHN SKRANKA Fireman 786.0•' 4686 JERRY SCHWANKL Fireman 1,170.0, i87 SEARS Supplies 53.S W. GORDON SMITH CO. Supplies 23. 4 _ 4689 EUGENE SPANDE Fireman 554.0. 4690 VERN STEPPE Fireman 800.0 4691 SUBURBAN AUTO ELECTRIC Repairs 87.1: 44.92 SUBURBAN HENNEPIN COUNTY VO-TECH Repairs 243.'i; _ 4693 BURT SUTTON Fireman 890.0 4694 THOMAS TESCH Services 10.0.: 4695 MARK TIERNEY Softball supervision 265.0 4686 TOWN'S EDGE FORD, INC. Repairs - Trans & brakes 637.7 4697 CITY OF EDINA Tests 4698 TRI-S TOWING City truck 38." 4699 TUFFY LIGHTING SUPPLY CO. Supplies 148.1 4700 DICK TURNER Fireman 524.0' 4701 TWIN CITY GARAGE DOOR CO. Park 9.•+ 4702 BOB TYSON Expenses 4.t. 4703 ROGER ULSTAD Expenses 750' 4704 VALLEY EQUIPMENT CO. Parts 30.: 4705 VAN WATERS & ROGERS Chlorine 1R+, 4706 VIKING PRESS, INC. Office Supplies 265.0 4707 RIVER WARREN AGGREGATES, INC. Maintenance material 4R'1.ct 4708 VOID 4709 VOID 4710 A. WEISMAN CO. Concessions 312,1'. 4711 STEVE WHITE Fireman 604.4 , 712 XEROX CORPORATION Services 42+,,r.. 4713 ZEP MANUFACTURING CO. Supplies tt°•. 4714 ASTLEFORD EQUIPMENT CO. Parts `+'+:'.. 4715 CROWN RUBBER STAMP CO. Supplies fi+.• - 4716 DUSTCOATING, INC. Oil roads 3.232.,' 4717 FIRE INST. ASSN. Dues '•.0 • • • Page Five June 19, 1979 e • 4718 RRAEMBR'S Swppi es 4©2.?,n ':. 4719 METRO FONE COMMUNICATIONS, INC. Services 35.Rr• 4120 MURPHY PLUMBING & HEATING Parts 14.+3:> . TOTAL $393,752.'•' • • • • •