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HomeMy WebLinkAboutCity Council - 07/03/1979 JOHN D. FRANE EDEN PRAIRIE CITY COUNCIL SDAY, JULY 3, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES 44 A. City Council Meeting held Tuesday, June 5, 1979 Page 1797 B, Special Council Guide Plan Public Hearing held June 12, 1979 Page 1809 III. CONSENT CALENDAR 0 A. Approval of plans and specifications for improvements on Shady Oak Road Page 1814; extension to T.H. 169, I.C. 51-344B (Resolution No. 79-125) B. Approval of plans and specifications for improvements in HiQ 's Mitchell Heights 4th Addition, I.C. 51-353 (Resolution No. 79 126) Page 1815 C. Set Public Hearing for Old Farm rezoning from RM 2.5 to RM 6.5 for Page 1816 August 7, 1979 IV. PUBLIC HEARINGS A. Request for Municipal Industrial Develo ment Bond approval in the amount of Page 1817 $1,350,000.00 for Donal uss eso ut on o. =72) B. Request for Municipal Industrial Development Bond approval in the amount of Page 1829 G $1,200,000.00 for Kirsch Company (Resolution No. 79-106) C. Duck Lake Vista by Pierce & Associates, request to rezone approximately Page 1841 20 acres from Rural to R1-13.5 and preliminary platting of 32 single family houses (Ordinance No. 79-23 and Resolution No. 79-124) V. REPORTS OF ADVISORY COMMISSIONS VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Re�Cuest for Transmission Line and Substation Development in Eden Prairie through the early 1990's (continued from 6/19/79) B. Request bb Tiimoth Gagner for preliminary plat of 3 lots zoned R1-22 to Page 1860 be called Alpine Estates 2nd Addition (Resolution No. 79-63) Council Agenda - 2 - Tues.,July 3, 1979 C. Discussion on signalization and channelization at County Road 1 and Page 1750A Trunk Highway 169 (Herb Klossner and Bill Crawford) (al. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 79-15, establishing a Code of Ethics for Page 1870 Officials of the City of Eden Prairie (continued from June 5, 1979) B. 2nd Readin of Ordinance No. 79-20 relating to regulation of swimming Page 1873 pools (continued from June 5, 1979$ C. Resolution No. 79-128, authorizing sale of property to MTS Page i87$ D. 2nd Reading_of Ordinance No. 79-12, rezoning from Rural to 1-5 to Office Page iggn nm and Coerciai Regional Service for Hartford Real Estate Company, and developer's agreement E. 2nd Reading of Ordinance No. 79-16, rezoning 12 acres from Rural to R1-13.5 Page 1894 for Neill Woods by The Preserve and developer's agreement • VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment of one member to the Parks, Recreation & Natural Resources Commission to fill an unexpired term to 2/28/82 B. Report of City Manager C. Report of City Attorney D. Report of Director of Community Services 1. Request for drill and demolition by the Fire Department on the Page 1904 house at 8698 County Road 18 2. MAC/hiking trail easement in Staring Lake Park Page 1g0;, 3. Vo-Tech Lease/Stables Page 1909 4. Petition on Prairie East Trail Page 1926 5. Request for appraisal of Parcel 1 - Bryant Lake Park Page1931• E. Report of Finance Director 1. Request for a Public Hearing for MIDB's in the amount of $650,000.00 Page 1937 by Big 6 Imports Company/Galarneault for August 21, 1979 2. Payment of Claims Nos. 4721 - 4871 Page 1946 IX. NEW BUSINESS /' X. ADJOURNMENT. • • • • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 5, 1979 7:45 PM, CITY HALL Immediately following the Board of Review Meeting COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave • Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; City Engineer Carl Jullie; Director of Community Services Bob Lambert; Finance Director John Frane; and Joyce Provo, Recording Secretary INVOCATION: Councilman Paul Redpath • PLEDGE OF ALLEGIANCE ROLL CALL: Penzel, Osterholt, Pauly and Redpath present; Edstrom arrived at 8:22 PM. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mayor Penzel requested that an item be added to the Consent Calendar as follows: "Authorize Staff to proceed with response to petition for street lights from residents on Springhill Circle". The following items were removed from the regular agenda and placed on the Consent Calendar: VI. A. 2nd Reading of Ordinance No. 79-08 rezoning 40 acres from Rural to R1-13.5 for High Trail Estates by Countryside Investments and developer's agreement; VI. B. 2na Reading of Ordinance No. 79-09, rezoning 3.5 acres from Rural to Public for construction of a church building, St. Andrew Lutheran Church, and developer's agreement; VT. C. 2nd Reading of-Ordinance No. 79-2.29, Park VI. E. 2nd Reading of Ordinance No. 79-13 for Immanuel Lutheran Church and . developer's agreement; VII. B.I. Cooperative purchasing agreement with the State of Minnesota for speed measuring equipment (Resolution Rd. 79-116); VII. 8.3 Radio communications system; VII. E.3. Ingram property settlement; VII. E.4. Hidden Ponds Park site - appraisal; VII. E.6. Lease for Eden Prairie Stables; VII. E.7. sisal for Milkovich's Home at Anderson Lakes; VII. E.9. Tax Forfeited Land, MOTION: Pauly moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MAY 1, 1979 Pg. 12, 4th para., 2nd line, strike "loan" and insert in lieu thereof "lone". MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the May 1, 1979 Council meet4ng as amended and published. Motion carried unanimously. III, CONSENT CALENDAR A. Clerk's License List B. Set,Public Hearing for Eden Prairie Assemblies of God Church for June 19, 1979 .u. • • Council Minutes - a - tues.,aune o, IY/Y III. CONSENT CALENDAR (continued) • C. Set Public Hearing for transferring of funds from years 3/4 Community Development Block Grant to year 5 Community Development Block Grant for the Senior Citizen Center for June 19, 1979 C. D. Set Public Hearing for rezoning Lot 11, Block 3, Yorkshire Point from 1-2 to Rural for June 19, 1979 E. 2nd Reading of Ordinance No. 79-08 rezoning 40 acres from Rural to R1-13,5 for High Trail Estates by Countryside Investments and developer's agreement (formerly item VI. A. on the agenda) • F. 2nd Reading of Ordinance No. 79-09 rezoning 3.5 acres from Rural to Public for construction of a church building St, Andrew Lutheran Church, and developer's agreement (formerly item V1. B. on the agenda) G. 2nd Reading of Ordinance No. 78-229, Park Dedication Ordinance (formerly item VI. C. on the agenda) H. 2nd Reading of Ordinance No. 79-13 for Immanuel Lutheran Church and approval of developer's agreement (formerly item VI. E. on the agenda) 1. Cooperative purchasing agreement with the State of Minnesota for speed measuring equipment (Resolution No. 79-116) (formerly item VII. B.1 on the agenda) J. Radio communications system (formerly item VII. 8.3 on the agenda) K. Ingram property settlement (formerly item VII. E.3 on the agenda) L. Hidden Ponds Park site - appraisal (formerly item VII. E. 4 on the agenda) M. Lease for Eden Prairie Stables (formerly item VII. E. 6 on the agenda) ''. N. Appraisal for Milkovich's home at Anderson Lakes (formerly item VII. E.7 • on the agenda) 0. Tax Forfeited Land (Resolution No. 79-117) (formerly item VII. E.9 on the agenda) P. Authorization for Staff to proceed with response to petition for street lights from residents on Springhill Circle MOTION: Osterholt moved, seconded by Redpath, to approve items A - P on the • Consent Calendar. Roll Call Vote: Osterholt, Redpath, Pauly and Penzel voted "aye", Edstrom had not arrived at the meeting when this Roll Call was taken. Motion carried. IV. PUBLIC HEARINGS A. Stewart Sandwichesl request to rezone approximately 3 acres from Planned Study to I-2 Park. The site is located in the southeast corner of Co. Rd. 4 and Trunk Highway 5 (Ordinance No. 79-17) • II Mr. Peter Petrulo, Vice President - Operations Manager, Stewart Sandwiches, spoke to their request and answered questions of Council members. Planning Director Enger explained this item was first reviewed at the April 23rd Planning Commission meeting and was continued to the May 14th Ming in order to allow Stewart Sandwiches to respond to some of the concerns in the Staff Report regarding the screening of outside storage and ultimate time frame of development. In that interim the Stewart Sandwiches people did same t he • • Council Minutes - 3 - Tues.,June 5, 1979 A. Stewart Sandwiches Public Hearing (continued) looking at their own program and felt they did not need an outside storage variance in this case,and outlined their building program through the year 1983. The complete build-out program will completely screen by building the parking area, the loading areas, etc. Enger commented City Engineer Jullie and his department have been working on the feasibility study for the frontage road and staff does not feel the frontage road shifting one way or the other will affect the first phase maintenance building. The Planning Commission recommended approval of the rezoning request unanimously and found the proposed rezoning consistent with the 4/5 Study Guide and also the '68 Guide Plan and the draft Guide Plan. The Planning Commission further felt the petitioned service road was in the public's interest and this plan would llelp facilitate that, the cash park fee which is applicable at the time should be • paid when the building permit is issued, and requested that the plan be reviewed by the Riley Purgatory Creek Watershed District. • Penzel stated there was a concern about the Standard Oil site, a portion of which is needed to construct the proposed Frontage Road, and a suggestion had been made to make a land swap. Penzel questioned if that had been pursued. City Engineer Jullie replied the City has met with the Standard Oil people and the Stewart Sandwiches people and it does appear feasible there can be a trade-off. Mr. Petrulo commented they have a verbal commitment from Standard Oil on the swapping of land. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing. • Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to give a 1st Reading to Ordinance No. 79-17, rezoning approximately 3 acres from Planned Study to I-2 Park for Stewart Sandwiches. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to direct staff to draft a developer's agreement incorporating the recommendations of Staff and the Planning Commission. Motion carried unanimously. B. Topview Acres 4th Addition by Millers, request to rezone 17 acres from R1-22 to R1-13.5 and preliminary plat 7 single family lots and an outlot for future platting. The site is located in the northwest corner of Valley View Road and Gerard Drive (Ordinance No. 79-18 and Resolution No. 79-109) Mr. Jerrold Miller spoke to his proposal stating he agrees with everything that has been requested of him except for the trail easement up to the 880 level across his northern addition. However, he would agree to that if the same line goes around the Cardinal Creek property. City Planner Enger explained this item was considered at the April 9th Planning Commission meeting and was recommended for approval at the April 23rd Planning Commission meeting on a 6 - 0 vote. Enger spoke to the April 17th Staff Report and the changes made by the Planning Commission at the April 23rd meeting. eDirector of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission first heard this at their May 7th meeting and at that meeting it was pointed out that staff has been all over the map as far as parks in the Topview area are concerned. the Commission requested this item be tabled to June 4th until there is an answer on trails and parks to serve the whole area. Lambert summarized the May 31st Staff Report which answered /l4') Council Minutes - 4 - Tues.,June 5, 1979 B. Topview Acres 4th Addition (continued) questions raised by members of the Parks, Recreation & Natural Resources Commission. The Parks, Recreation & Natural Resources Commission recommended approval on June 4th with the trail at the cul-de-sac, a dedication of the marsh to the 876 contour, and that the City should also get a trail ease- ment along the 880 contour across the northern portion of Mr. Miller's property. Osterholt felt the City is going to wind up with another set of roads going nowhere and he wondered if the road system for the entire corner shouldn't be worked out now for the balance of the property even if it isn't developed at this time. City Engineer Jullie indicated he would look into the road situation. Osterholt asked Mr. Miller if he was assessed one connection on his present home. Mr. Miller replied in the affirmative and commented it is his under- standing if and when he develops the property he will have to pay a sewer charge. Osterholt asked when the Council allowed the gravel pit operator to go 2 - 1 on its slope. Mr. Miller responded it was about 12 years ago, Penzel requested Staff to look into the details of the gravel permit and see how well it has been adhered to, and if it has not been that appropriate action be taken to enforce it. MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing 1111 and give a 1st Reading to Ordinance No. 79-18, rezoning 17 acres from R1-22 to R1-13.5 for Topview Acres 4th Addition by Millers. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 79-108, approving the preliminary plat for the southern 5 acre parcel of Topview 4th Addition. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to direct Staff to draft a developer's agreement incorporating the recommendations of the Planning Commission, the Parks, Recreation & Natural Resources Commission, that the northern trail easement be contingent on the property owners dedicating their property, and when Mr. Miller develops his property he will have to pay a sewer charge. Motion carried unanimously. C. Neill Woods, The Preserve, request to rezone 12 acres from Rural to R1-13.5 and preliminary plat approximately 27 single family lots. The site is 'located southwest of Shady Oak Industrial Park. (Ordinance No. 79-le and Resolution No. 79-lOB) Mr. Jim Hill, Planning and Engineering Consultant, presented the plan for The Preserve and answered questions of Council members. City Planner Enger explained this item was considered at the April 9th and April 23rd Planning Commission meetings and was recommended for approval on a 6 - 0 vote with modifications to the Staff recommendations, which Mr. Enger outlined. Enger noted the Planning Commission did not concur with the developer's request for side yard setback variances. Osterholt expressed concern over the action that would be required under item VII. D. 1. Preserve Center Addition Replat, since the access to this property is contingent upon that. Osterholt further questioned if approval of this proposal depends on the approval of the Preserve Replat? I7 J) • • Council Minutes - 5 - Tues.,June 5, 1979 • • C. Neill Woods (continued) City Planner Enger spoke to the Preserve Center Addition Replat as outlined in memo dated April 17, 1979, acknowledging the fact the Preserve understands that any type of development in this area different then what was approved will have to be approved by Council action. Penzei asked if The Preserve has agreed to do the necessary intersection adjustments to existing Preserve Boulevard and Anderson Lakes Parkway to make this plan work out. Jullie explained City Staff has been working with Mr. Lee Johnson of The Preserve and Mr. Hill and have given them some criteria and radiuses, noting there could be a slight angle at the intersection. Penzel suggested merely moving the existing intersection a little bit. Mr, Johnson commented that is what they have basically done - it is a combination of moving Preserve Boulevard left slightly then bending it back with a hook. Penzel felt this should be worked out before the 2nd Reading is given to Ordinance No. 79-19 in the developer's agreement. Further that the developer acknowledge in the developer's agreement for Neill Woods,since they are the same developer, that they will have to reappear before the City Council prior to any construction or use of the RM 6.5 zoned newly created plat (Outlets A and B plus road right-of-way). MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and give a 1st Reading to Ordinance No. 79-16, rezoning 12 acres from Rural to T. R1-13.5 for Neill Woods, The Preserve. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 79-108, approving the preliminary plat for Neill Woods, The Preserve. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to direct staff to draft a developer's agreement incorporating the recommendations of the Planning Commission, the Parks, Recreation & Natural Resources Commission, agreement on necessary adjustments to existing Preserve Boulevard and Anderson Lakes Parkway, the proponents will have to reappear before the City Council prior to any construction or use of the RM 6.5 zoned newly created plat (outlots A and B plus road right-of-way, and that this action would not prejudice the City's action on adjoining property. Motion carried unanimously. O. Shady Oak Industrial Park 2nd by Richard Anderson, request to rezone 6.8 acres • from Rural to I-2 Park and preliminary plat property into 2 industrial lots. The site is located southwest of Shady Oak Industrial Park (Ordinance No. 79-19 and Resolution No. 79-110) Richard Anderson spoke to the proposal and answered questions of Council members. City Planner Enger explained this item was reviewed under somewhat different circumstances at the April 23rd Planning Commisssion meeting. The different circumstances being mostly that at that time it looked as if Shady Oak Road could undoubtedly continue all the way to Valley View Road. However. the soil borings south of this parcel through the Swendseen area where the City has IL right-of-way dedication seem to preclude any immediate connection all the way down to Valley View Road. The request tonight is for rezoning of 3 lots from Rural to I-2. Mr. Anderson does have requests in currently for Shady Oak 1st Addition which was all I-5 and he has requested on 2 lots to change to 1-2 and on one lot to I-General. The Planning Commission approved the proposal on April 23rd contingent on the Staff Report dated April 17, 1979. iwl Council Minutes - 6 - Tues.,June 5, 1979 • D. Shady Oak Industrial Park 2nd (continued) Penzel asked Enger to comment on the desirability of mixing all these various industrial zones. Enger replied he has not seen any specific plans on this particular request and in his opinion from the examples of I-General we have in town it is a very difficult zone to have happen attractively and effectively. If there is a place for I-General to happen, over in the Smetana Lake area someplace would be the most appropriate because it is surrounded by other industrial. Enger does not feel the I-General zone has been as successful as the I-2 and 1-5 zones. Council expressed concern regarding the overloading of the roads in the area. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and give a 1st Reading to Ordinance No. 79-19, rezoning 6.8 acres from Rural to I-2 Park for Shady Oak Industrial Park 2nd by Richard Anderson. Motion carried unanimously. MOTION: Edstrom moved, seconded by Osterholt, to adopt Resolution No. 79-110, approving the preliminary plat for Shady Oak Industrial Park 2nd platting property into 3 industrial lots. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to direct Staff to draft a developer's agreement incorporating the recomuendations of.the Planning Commission, that the extension of the Shady Oak Road connection be completed in some manner so it is understood the Council has approved the plans and specifications before any final platting is done in the area and before occupancy permits are issued, and that the developer's agreement come back • before the Council for final approval. Council directed Staff to review the traffic and access situation for this general area. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 79-08, rezoning 40 acres from Rural to R1-13.5 for High Trail Estates by Countryside Investments and developer's agreement This item was moved to the Consent Calendar (III, E.). • • B. 2nd Reading of Ordinance No. 79-09, rezoning 3.5 acres from Rural to Public for construction of a church building, St. Andrew Lutheran Church, and developer's agreement This item was moved to the Consent Calendar (III. F.) C. 2nd Reading of Ordinance No. 78-229, Park Dedication Ordinance This item was moved to the Consent Calendar (III. G.) • D. 1st Reading of Ordinance No. 79-15 establishing a code of ethics for officials of the City of Eden prairie (continued from May 15. 1979) As the redraft of Ordinance No. 79-15 was just distributed to the Council members this evening,it was felt more time should be provided for them to look over the redraft. It`Q Council Minutes - 7 - Tues.,June 5, 1979 D. 1st Reading of Ordinance No. 79-15 (continued) MOTION: Edstrom moved, seconded by Osterholt, to continue the 1st Reading of Ordinance No. 79-15 to the July 3rd Council meeting. Motion carried unanimously. General discussion took place regarding the pros and cons of adopting an ethics ordinance, and it was left up to the City Attorney's discretion if another redraft of the ordinance should be presented to the Council prior to the July 3rd Council meeting. E. 2nd Reading of Ordinance No. 79-13 for Immanuel Lutheran Church and developer's agreement This item was moved to the Consent Calendar (III. H.) F. 1st Reading of Ordinance No. 79-20, relating'to regulation of swimming pools General discussion took place regarding Ordinance ;o. 79-20, The Council suggested contacting people who have swimming pools in Eden Prairie to let them know an ordinance regulating same is being considered by the City Council. Mary Lee, 8837 Darnell Road, questioned if it was not a requirement now by the City that swimming pools be fenced, Mr. Ulstad replied it is not a requirement at the present time, MOTION: Osterholt moved, seconded by Edstrom, to adopt a 1st Reading to Ordinance No. 79-20, relating to regulation of swimming pools, and to continue the 2nd Reading to July 3, 1979, allowing staff to notify swimming pool owners and to publish for a Public Hearing so the community as a whole may be able to take part in this discussion. Motion carried unanimously. 4 VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Councilman Dean Edstrom Edstrom spoke to House File No. 1, the Transportation Bill, specifically to Section 52 renting to the Anoka Airport which prohibits any improve- ment to that airport. Edstrom suggested referring same to the Flying Cloud Airport Advisory Commission so they are aware and can discuss this with M.A.C. to be sure this is not going to create additional unforeseen problems at Flying Cloud. MOTION: Edstrom moved, seconded by Redpath, to refer H. F. No. 1 to the Flying Cloud Airport Advisory Commission. Motion carried unanimously. 2. Councilwoman Sidney Pauly Pauly reported on the Citizens Advisory Commission on Highway #212 which she recently attended along with Mr. Nyhammer. Mr. Peterson and Mrs. Gartner. The commission plans on meeting a couple of times a month during the summer. A representative of the Highway Department was also in attendance and they have the maps and photographs of the 4 alternates. • • • Council Minutes - 8 - Tues.,June 5, 1979 B. Report of City Manager 1. Cooperative purchasing agreement with the State of Minnesota for speed measuring equipment (Resolution 6. 79-116) • This item was moved to the Consent Calendar (item III. I.) 2. Discussion on policy regarding Department Head's personai automobiles Ulstad explained a number of department heads, 6 including himself, received _ a monthly allowance for their automobiles. This policy was established and/or approved back in 1973 where certain department heads were granted a monthly advance for the use of their personal automobiles in the operation of their responsibility to the City. Through the last six years there has been a marked difference in the cost of operating automobiles. Ulstad stated his main reasonibr plating this item on the agenda was for the purpose of discussion to see if the Council had some personal thoughts about it for him to use in proposing a change. He • thought about applying it to ones'•salary and forgetting about the car and advance, and the employees would continue to use their own car until such time as the City comes into a better posttion to purchase additional City cars. Ulstad suggested for those department heads that were granted an advance, the present amount being $100.00 per month, that an increase of 75% should be given based on the present day costs and possibly even 100% over what we are providing for them now. • • • Penzel commented he is concerned about including it in the salary and is interested in seeing some figures that would support the size of the increase proposed. Osterholt stated more information should be provided by staff, i.e., ask those persons who are using their personal automobiles to what extent and somehow document that. There are perhaps situations where people were employed and their job function has changed and maybe their assistants are doing more of the driving. Would like a recommendation from the City Manager. This item was continued to the July 3rd Council meeting. 3. Radio communications system This item was moved to the Consent Calendar (item III. J.) C. Report of City Attorney No report. D. Report of Planning Director 1. Preserve Center Addition Re lac r uest b The Pre erve to re.la 1 of reserve Center Addition, zoned RM 6.5. • e site s ocate south of Anderson Lakes Parkway across from Preserve Boulevard, iL Lee Johnson, The Preserve, explained the only reason they have brought this item before the Council is so it would be a recorded area for the road access to go through. Penzel reiterated the Council recognizes the proponents are not asking for any other action on Outlot B, but that they will be before the Council. at a later time with that issue. Wog Council Minutes - 9 - Tues.,June 5, 1979 • 1. Preserve Center Addition Replat (continued) MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-111, approving the replat of Lot 1, Block 1, Preserve Center Addition. Motion carried unanimously. E. Report of Director of Community Services 1. Valley View Road Bike Trail (continued from May 15, 1978) Director of Community Services Lambert explained this item was on the May 15th Council agenda at which time the Council requested the Parks, Recreation & Natural Resources Commission to look at it. The Parks, i Recreation & Natural Resources Commission looked at it and was not in favor of the adjacent ag lime trail and felt it would be a waste cf funds as it would be next to a hard surfaced road which would be used by the bikers instead. The Commission instead requested the Council to look at Valley View Road and push it higher on the improvement table, and the only answer to a bike trail would be widening of Valley View Road all the way to the Topview area. Osterholt commented if the Council had their druthers they would say yes to widening Valley View Road if the City could afford it; however, he does not feel the City has anywhere near the funds to start the improvement. Would be worth it as an experiment to develop an ag lime trail to see if bikes would use it and also whether it satisfies the joggers and pedestrians. Richard Anderson, Chairman of the Parks, Recreation & Natural Resources Commission, commented there are some ways to divert the traffic off of Valley View Road which is entirely too narrow for bikers, joggers and • cars. Anderson did not come up with any specific suggestion to divert the traffic at this time, but would like to discuss same at a later time. Penzel felt the ag lime trail is feasible and can be done quickly, whereas the upgrading of Valley View Road is at best three years away - probably five or six in all practicality. Edstrom stated if we let the trail along Valley View Road go until something is done with Valley View Road, we may have a fatality along it • at some point. Edstrom asked Mr. Anderson if he feels there is a better place to spend the $5,000.00. Anderson replied he doesn't think there would be a better place to put the money, but does not want it done piecemeal. Osterholt commented this is an opportunity to determine whether this might be something that is visible and people would use. The8 foot asphalt paved bikeways are going to be a long time in the future. Council received the recommendation from the Parks, Recreation & Natural Resources Commission and took no further action as Staff was previously instructed to proceed with the ag lime trail approach. 2. Receive and award bids for tree hauling truck MOTION: Osterholt moved, seconded by Pauly, to award the bid in the amount of $36,202.00 to Towns Edge Ford for a tree removal truck. ' Roll Call Vote: Osterholt, Pauly, Edstrom, Redpath and Penzel voted "aye". Motion carried unanimously. !t`o • • Council Minutes - 10 - Tues.,June 5, 1979 3. Ingram property settlement This item was moved to the Consent Calendar (item III. K.). 4. Hidden Ponds Park site - appraisal This item was moved to the Consent Calendar (item III.L.). 5. Community Service Van - request to Lion's Club Director of Community Services Lambert spoke to his memo dated May 31, 1979, asking for Council's support for Staff to pursue the possibility of securing funds for the purchase of a Community Services Van. MOTION: Redpath moved, seconded by Edstrom, to instruct Staff to . • pursue appropriate sources for the potential acquisition of a Community Services Van. Motion carried unanimously. 6. Lease for Eden Prairie Stables This item was moved to the Consent Calendar (item III. M.). • 7. Appraisal for Milkovich's home at Anderson Lakes • This item was moved to the Consent Calendar (item III. N.). 8. Slalom Course - Staring Course • 11 Director of Community Services Lambert spoke to memo dated May 314 19794 commenting he brought this request before the Senior Citizens Pioneer Club for their comments. The seniors unanimously were opposed to a slalom course on the lake because of the amount of fishing done there. Staff also recommended denial based on the same reason sited by the senior citizens. MOTION: Edstrom moved, seconded by Redpath, to deny the request by Matthew S. Werneke to put a water skiing slalom course on Staring Lake. Motion carried unanimously. 9. Tax Forfeited Land (Resolution No, 79-117) This item was moved to the Consent Calendar (item III. 0.). 10. Joint Master Plan Anderson Lakes Lambert spoke to his memo dated May 24, 1979 and to the additional recommended changes suggested by the Parks, Recreation & Natural Resources Commission at their Juoe 4th meeting. Lambert explained the language is being proposed to the Council, then he would like the Council to decide on language they could agree to, after which time he will go to the Hennepin County Park Reserve District and the Metropolitan Council, Council members agreed with the language as proposed and wanted it made clear the City owns the title to the property. • • • Council Minutes - 11 - Tues.,June 5, 1979 • 10. Joint Master Plan Anderson Lakes (continued) Redpath stated he would like to take Dick Anderson, Chairman of the Parks, Recreation & Natural Resources Commission, and Director of • Community Services Lambert to talk to Ray Seagren, Mrs. Anderson and Cliff French. Mr. Anderson commented he would be willing to meet and before anything is passed on it would come back before the Council. Council concurred with Mr. Redpath's request to negotiate with the • ennepin County Park Reserve District. 11. Park Bond Referendum Committee Report Richard Anderson, Chairman of the Parks, Recreation & Natural Resources Commission, and Dave Anderson, a member of the Commission, were present to request the Council's support of the efforts of the Bond Referendum • Committee as outlined in memo dated May 31, 1979 from Director of Community Services Lambert. Anderson explained they would like to have a Council member volunteer to help work with the committee to give the • committee credibility, and they will also be asking for a School Board member to participate. Osterholt stated he would hope the bond issue would be before the Public within the next month or six weeks - the earlier the better. MOTION: Osterholt moved, seconded by Pauly, to instruct the Mayor to • appoint a City Council member to serve on the Bond Referendum Committee. Motion carried unanimously. Councilman Redpath volunteered to serve on the Bond Referendum Committee, and was so appointed by Mayor Penzel. F. Report of City Engineer 1. Consider bids for water meters City Engineer Jullie spoke to his memo dated May 29, 1979, recommending the Council consider awarding the bid to the lowest bidder, Davies Water Equipment Company, in the amount of $75,555.00. Don Atwood, Davies Water Equipment Company, responded to questions asked by Council members. MOTION: Edstrom moved, seconded by Redpath, to award the bid for water meters to Davies Water Equipment Company in the amount of $75,555.00 as per Staff's recommendation. Roll Call Vote: Edstrom, Redpath, Osterholt, Pauly and Penzel voted "aye". Motion carried unanimously. 2. Consider bids for Mitchell Lake Estates Improvements I C, 51-342, and Singletree Lane, Y.C. 51-334 (Resolution No. 79-112) City Engineer Jullie spoke to his memo dated May 29, 1979, recommending IL the Council consider awarding the bid to the lowest bidder, Northern Contracting Company Company, in the amount of $257,052.12 for I.C. 51-342 and 334. MOTION: . Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-112, awarding the bid to Northern Contracting Company in the mount of $257,052.12 for I.C. 51-342 and 334. Roll Call Vote: Osterholt, Reddpath flu) Edstrom, Pauly and Penzel voted "Aye", N4t1pn earned 1144441,q401.., • • • • Council Minutes - 12 - Tues.,June 5, 1979 3. Consider bids for Round Lake Estates 2nd Improvements, I.C, 5 -351)(Reso1utfon No. 79-113) MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-113, awarding the bid for I. C. 51-315 and I.C. 51-351 to the • low bidder, Northern Contracting, Inc., in the amount of $710,765.60. Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. 4. Consider bids for Shady Oak Industrial Park Improvements, I.C. 51-344A (Resolution No. 79-114) • MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution • No. 79-114, awarding the bid for I. C. 51-344A to the low bidder, M. G. Astleford Co.,inc., in the amount of $857,950.75. Roll Call Vote: Redpath, Edstrom, Osterholt, Pauly and Penzel voted "aye". - Motion carried unanimously. G. Report of Finance Director 1. Payment of Claims Nos. 4285 - 4499 MOTION: Osterholt moved, seconded'by Edstrom, to approve Payment of Claims Nos. 4285 - 4499. Roll Call Vote: Osterholt, Edstrom, Redpath and Penzel voted "aye"; Pauly "abstained". Motion carried. 2. Request to set Public Hearing for MIDB approval for Donald Ruse in the amount of $1,350,000.00 (tabled from May 1, 1979 meeting) Finance Director Frane spoke to his memo dated May 31, 1979 regarding Industrial Revenue Bond Guidelines/Procedures. Council members concurred with the changes in the guidelines/procedures as outlined in memo. MOTION: Osterholt moved, seconded by Redpath, to set a Public Wearing for MIDB approval for Donald Russ in the amount of $1,350,000.00 for July 3, 1979. Motion carried unanimously. 3. Request to set Public Hearing for MIDB approval for Kirsch Company in the amount of $1,200,000.00 MOTION: Osterholt moved, seconded by Redpath, to set a Public Hearing for MIDB approval for Kirsch Company in the amount of $1,200,000.00. Motion carried unanimously. VIII. NEW BUSINESS • General discussion took place regarding a "recognition dinner" to be held sometime this suinner. • MOTION: Osterholt moved, seconded by Redpath, that the City sponsor a "recognition dinner" for persons serving on our boards and commissions, and that Mayor Penzel act as Master of Ceremonies. Motion carried unanimously. IX. ADJOURNMENT MOTION: Redpath moved, seconded by Edstrom, to adjourn the Council meeting at 11:50 PM. Motion carried unanimously. fi • • • • • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 12, 1979 7:30 PM,CITY HALL • i COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; . City Engineer Carl Jullie; Director of Community Services Bob Lambert; and Jean Johnson, Recording Secretary PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. CALL MEETING TO ORDER Mayor Penzel called the meeting to order at 7:40 PM. • it II. COMPREHENSIVE GUIDE PLAN PUBLIC HEARING Mayor Penzel explained Eden Prairie adopted its first Comprehensive Guide Plan in 1968 and it has served the community for many years. During the Mid-1970s the City decided to update its guide plan and after reviewing proposals selected Brauer & Associates to assist the City in the task. The City actively sought citizen participation through the utilization of neighborhood meetings and educational seminars. In 197E a draft of the guide plan was presented to the Council and advisory commissions and since then modifications and suggestions have been recorded. Tonight the Council is conducting a public hearing to receive comments. After the public hearing, the guide plan will be • forwarded to the Metropolitan Council for a minimum six month review after which the Council may entertain final adoption. Planning Director Chris Enger stated in addition to the draft guide plan , the staff has combined all the advisory commissions' comments • and recommendations into a booklet along with revised maps on land use, utilities, and transportation. He informed the Council the draft guide plan books have been available for public check-out since November, 1978. Enger then summarized the Planning Commission's general recommendations: - PUD process has served the City well and should be continued; suggest PUD procedures be revised to clearly define submission requirements. - Entire City should not be zoned as a result of the Guide Plan. • Unapproved Council Minutes -2- Tues., June 12, 1979 II. Comprehensive Guide Plan Public Hearing, continued. • - City should retain existing R1-13.5 District with a density of 2 units/acre maximum. - Smaller lots should be allowed as vehicle to provide low and modest cost housing; investigate inclusion of maximum floor area ratio. . - Minimum size of duplex lots should be increased to • 20,00D square feet. • - Southwest unsewered area of City should be developed at 1 unit/ 5 acres if hard surface streets and future subdivision plan are included; investigate further controls to be implemented over home occupations. • - R1-22 District without sewer and water should be eliminated. - Mobile home parks should be investigated as a means of providing low and modest cost housing; careful review of management is important. - Existing PUD concept approval for densities should be allowed up to 15 units/acre. Densities higher than 15 units/acre to occur only within the Major Center Area. - Suggest neighborhood commercial development size be 20,000- 50,000 square feet and a maximum of 10 within the City. • - Support concept of "balanced growth". • Director of Community Services Bob Lambert noted the Parks Chapter within the Guide Plan Book and also referred the Council to the separate Comprehensive Park Plan b rcchure which the Parks, Recreation and Natural Resources Commission • has recommended be further explanation of City park acquisition and development. The Comprehensive Park Plan also fulfills park grant requirements of the • Metropolitan Council. Lambert then noted the two neighborhood parks, (Mitchell Lake North and Lochanburn ) which have been eliminated from the revised guide plan park map. He stated the Parks, Recreation and Natural Resources Commission is recommending trail criteria be implemented as per the 1974 Hikeway/Bikeway Report. City Engineer Carl Jullie reviewed the posted transportation maps and the criteria for principle arterials, arterials, collector roads, and residential streets. Jullie then reviewed all 20 major elements of the transportation IL system and their corresponding dates contained in the "Eden Prairie Comprehensive Guide Plan Update, June, 1979 Summary of Recommendations". 17 • • Unapproved Council Minutes -3- Tues.,June 12, 1979 ( Pauly questioned if existing RI-22 Districts without sewer and water would be grandfathered-in. The Planner responded affirmative. j •. Pauly suggested that development of I neighborhood commercial site at an intersection should preclude additional commercial development at the same intersection. a 10 minute recess was taken r .v= Hakon Torjesen, 6605 Rowland Road, inquired if the Council had in their possession a copy of the petition submitted by Rowland Road residents requesting Rowland Road not be shown crossing I-494. Penzel responded the petition, dated Feb. 14, 1978, is part of Chapter Seven and will remain part of the record. Torjesen felt the Rowland Road extension across I-494 did not qualify to be part of the transportation plan as it is the only improvement dated post 1990, and inclusion could be a self-fulfilling prophecy. He also believed the residents along and near Rowland Road have very little interest in obtaining sewer and water in 1985-1990 and he could submit a petition to that effect if so desired by the Council. Penzel explained all areas of the City, other than land outside of the Metropolitan a Urban Service Area, are planned to have sewer and water and the dates within the guide plan are estimations. Osterholt moved to strike item #12 (Construct an East/West collector from Rowland • Road to Birch Island Road 1990+ ) Motion failed for lack of a second. • Pauly requested information from the Metropolitan Parks Board on the regional classification of Riley Lake Park. Osterholt inquired how the City could revise densities within approved PUDs. City Attorney Pauly was directed by the Council to investigate. Edstrom inquired if RM 6.5 duplex lot sizes of 13,000 square feet could be retained for PUDs. Enger believed the advantage of the 20,000 square foot lot is for flexibility of styles and mixing of single family and duplexes within an area. • Edstrom then inquired if the proposed park at Eden Prairie Road and Riley Creek is a specific parcel of land or a general location. Lambert responded a general location. Osterholt suggested staff paraphrase comments from the Commissioner. of Transportation regarding funding procedures for 212 in place of the last sentence under item #4, Transportation. 41 it/� Unapproved Council Minutes -4- Tues., June 12, 19194 • Usterholt suggested the City Staff investigate ways of obtaining•signals at US 169/Anderson Lakes Parkway and US 169/Votec, and to,place discussion of the item upon an upcoming Council Agenda. • Edstrom suggested the traffic signal dates for US 169/Anderson Lakes Parkway and US 169/Votec be changed t0 1980. All Council members agreed. Osterholt requested information on the 'old' Lille and suggested residents included in the 'new' M.U.S.A. Line not included within the 'old'', be contacted. , Motion pa path moved, Pauly seconded, to continue the Guide Man public?rearing to the Council's regularly scheduled meeting of July fir, 191 ;in antic$-. ion of revisions and submission of a revised Guide Men Book to the Council. Upon roll call all members voted aye. III. ADJOURNMENT • , Motion i*edpath moved, Edstrom seconded, to adjourn the meeting at 9:45 PM.. Motion carrried. LIST OF INDIVIDUALS ATTENDING THE GUIDE PLAN PUBLIC HEARING ATTACHED • 411 ,E. • DUNE 12,1979 COMPREHENSIVE GUIDE PLAN PUBLIC HEARING PERSONS IN ATTENDANCE • Virginia Gartner 15701 Cedar Ridge Road Fred Baumann 10805 Valley View Road George Bentley 10800 Fieldcrest Road Matthew Levitt 8406 Hiawatha Avenue 'Nakon Torjesen 6605 Rowland Road Al Dybiee Sun Reporter Bob knell 6780 Tartan Curve Mr. & Mrs. Gerecke 6622 Golden Ridge Road Marie Cornett 8745 Darnel Road • • • • July 3, 1979 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-125 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (I.C. 51-344B) WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., . has prepared plans and specifications for the following improvement, to wit, I.C. 51-344B, Improvements on Shady Oak Road extension to T.H. 169 and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in • the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The edger- ,- •, tisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened at 10:00 o'clock A.N. on Thursday, Aug. 2. 179, and can- sidered by the Council at 7:30 o'clock P.M. on Tuesday. Aug. 7, 1979, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit. cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel,1NayOr ATTEST: SEAL John D. Frane, Clerk C • Ally 3, 1979 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-126 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BEDS (I.C. S1-353) WHEREAS, the City Engineer, through Rieke Carroll Muller,Assoc., has prepared plans and specifications for the following Improvement, to wit, I.C. 51-353, Imp►ovtonents in Hipp's Mitchell Heights 4th Addition NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a cow of which iS attached° hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall be published far 3 wanks, shall specify the work to be done, shall state that bids will be opened at 10:30 o'clock A.M. on Thursday, Aug 2, 1979, and con- sidered by the Council at 7130 o'clock P.M. on Tuesday, Aug. 7, 1979. in the Council Chambers of the City Hall. and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on • liolfgang H. Penzel, Mayor ATTEST: SEAL John D. franca, Clerk • 4115f,At ,• •: 2 r . ' • , . .(r6t/taorb Atiott4e.1, affM jUN 27 1979 . • • REAL ESTATE DEVELOPMENT 77511 rarremeu.ROAD MONO,044-100 sone PRAIRIE.tinnessolA1911344 morn COVL we • .• • 3une 27, 1979 ;',72: • . . hr. Roger [listed, City !Reneger CITY OF EDEN PRAIRIE 8950 Eden Prairie Rd. Eden Prairie, MN 55344 Deer Fir. [listed: . • • • The Eden Prairie Planning Commission:1st their 3une.25, 1972 meeting unarrimously approved a feeeffillotdation opt 13if• r " farm Addition proposal to approve the PIII1 clevelopeent approve rezoning from Rem 2.5 to Rm 6.5 and to approve the • preliminary plat. Ws are planning an prnc'ed1ng with the construCtion or this project as soon as possible this summer-pending city eauncil . • approval of our plans. Will you plaasaplaca this item in. the city council agenda for luly 3, 1979 for setting:a PUblic .• hearing at their earliest Won't INT et opportunity, we stifl appraniats your action on this request. Sincerely, • • Donald R. Peterson DIRLAM PROPERTIES, INC. • . . • DRP/mjp • . . . . jtitp . • . ' "JO TO: MAYOR AND COUNCIL TNRU: ROGER ULSTAD FROM: JOHN FRAME • • DATE: JUNE 29, 1979 Rt. MIDB Bonds - Donald Russ - $1,350,000 - Public Hearing and Resolution Mr. Russ is requesting the Council to authorize l.R.'s in the amount of • $1,350,000 to partially finance a multi-teunant office building of 32,OOOr square feet at Flying Cloud Drive and i tin n'Avezwe.. TM prat Est is expected to be $2,130,000 and Is expected to be !p4ed by six businesses. The property is zoned office which is correct for the intended Mr. Russ financial statement indicates a substantial net worth and he has a background in real-estate management. Resolution #79-72 is attached for your consideration. • ixi'J . ' ,- x CITY OF EDEN PRAIRIE, MIN,NESO'TA Application for Industrial Development Bond Project Financing • 1. APPLICANT: a. Business Name - Donald C. Russ, an individual 3205 North Harbor Lane Plymouth, MN 55391 • b. Business Address - same c. Business Form (corporation, partnerslzi,P, 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, 'WI 55344 f. Phone - 612/944-6803 - Richard W. Anderson 612/ Donald C. Russ 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: • • a. none . b. • C. 411. -1 ! ;{ Ili? ,., , fix • • • • 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL. PRODUCTS, ETC: Business of Applicant is real estate investments. Project to be leased to Tenants listed herein. • 4. DESCRIPTION OF PROJECT - A 32,000 sq. ft. multi-tenant office building a. Location and intended use: Flying Cloud Road at Washington Ave. So. (NWC) Eden Prairie, MN 55344 b. Present ownership of project site: Richard W. Anderson, Inc. c. Names and address of architect, engineer, and general contractor: Robert Associates, 7900 Xerxes Avenue So. Bloomington, MN (architects) Adolfson & Petersen, 6701 W. 23rd Street, Minneapolis, MN 55426 (Engineer and general contractor) • 5. ESTIMATED PROJECT COST FOR: Land 5.5 acres $ 440,000 Building 32,000 sq. ft. $ 1,250,000 350,000 LImprovements $ Other soft costs $ 90,000 • Total $ 2,130,000 I _2_ ; 6. BOND ISSUE - • a. Amount of proposed bond issue -E1,350,000 b. Proposed date of sale of bond - June 1, 1979 c. Length gizin0n proposed 30ro•Amortize 36monthly installments all provision at8Oth installment d. Proposed original purchaser of bonds - The bonds will be purchased by one or more institutional mortgage lenders to be determined e. Name and address of suggested trustee - not applicable f. Copy of any agreement between Applicant and original purchaser - none in existence at this time S g. Describe any interim financing sought or available - to be provided by institutional mortgage lender(s) h. Describe nature and amount of any permanent financing in addition to bond financing - none 7. BUSINESS PROFILE - a. Are you located in the C'ty,of Eden Prairie? Office building tentatively to be occupied by six'business firms: (1) Gene Smiley Assoc.; (2) Designer's Gallery, (3) Stiff& Lamps, (4) Mais Inc. (5) MN Wood Products, (6) Office Interiors, and (7) Minn. Sketchbook. • • b. Number of employees in Eden Prairie? Designers Gallery is presently located in Eden Prairie with five employees. Other business firms are located in Minneapolis. i. Before this project: See above -3- ii. After this project? The listed tenants will have 125 employees. Approximate aggregate annual sales of proposed tenants this facility: Length of time in business Each tenant has been in business. M over fifteen years. 1 in Eden Prairie Designers Gallery has been in Eden Prairie for three :. years. • �.: Do you have plants in other locaei na? if so, where? Gene Smiley has operations in Minneapolis, Seattle, Chicago, Atlanta•, Denver & Dallas Stiffel Lamps is located in every city i:n the U.S. or has a representative in same. :.. Minn. Sketchbook - Minneapolis Mais, Inc, - Minneapolis Minn. Wood Products - St. Paul Office interiors - Rloomingthn Are you engaged in international trade? No, except tenants import merchandise :HEM INDUSTRIAL DEVELOPMENT PROJE4"T(S) List the name(s) and location(s) of other industrial development project(e) in which the Applicant is this owner or a "substantial user" of the facilities or a 7. "releated person" within the meaning of Section 103(b)(6) of the Internal Revenue Code. None e Fi J • • • • ` b. List all cities in which the Applicant has.requested industrial revenue development financing. • None • Detcant c. anyail otherecitytus of any for industrialest the developmentirevenaesfinanci-ng. • None • • • d. List any city in which the Applicant has been refused . , industrial development revenue financing. None • ` e. List any city (and the project name) where the Applicant. has acquired preliminary approval to proceed butnideniich final approval authorizing the financing has None • • • _g_ • 1I..9 • • • • f. If Applicant has been denied industrial development • revenue financing in any other city as identified in (d) or (e), specify the reason(s) for the denial and the name(s) of appropriate city offiCials who have knowledge of the transaction. None • • NAMES AND -ADDRESS OF: a• Agent o1.Mortgage Broker:- pnigheity, Dawkins; Strand & Ekstroin 414 lOS Center • • Minneapolis, SR 5502 b. Private Placement Purchaser (If •private1aeamarit) institutional mortgage lender to tie determined • • i. If lender will not commit until City hat passed its preliminary resolution apprnitag the project, submit a letter from proposal • lender that it has an interest in the • offering subject to appropriate City • approval and approval of the CommiasiOner of Securities. • not applicable • • • • • • • • • :„ • , , '•• • - ' ' • - • „ b. Bond Counsel - Maio0c7kalFlirs, Ctromatmtsione EtaiMooreBank Minneapolis, MN 56402 c. .plicant04. gtxx Counsel - H. Gordon Taylor Midwest Plaza - West Bldg. Minneapolis, MN 55402 d. Accountant - not applicable 10 BEAT IS YOUR TARGET DATE FOR: • June 1, 1979 a, Construction start • b. Construction completion - October 1, 1079 FOR FURTHER INFORMATION CONTACT: The undersigned Applicant understands that the aliPrt oval City of Eden Prairie for Intaa disapproval by the or up ihdi on Development bond financing does no‘orwliiver'at arty p.,/.03,fiSi. '-14' • constitute any approval, variance, .ouiltitog, or other rule or requirement relating to any zoning, d Prairie, or any or ordinance of the City of E en other lam applicable to the property included in this p • DONALD C. RUSS, INDIVIDUALLY Applicant • • • , a,r-99 Date • . , li U. ZONING - TO BE COMPLETED BY THE CITY PS,ANN1 G DEPARTMENT a. Property is zoned - Office b. Present zoning (is (is not) correct for the intended use. c. Zoning application received oft. for taMt i uv7rx eGt Apr Cbe. intended tree. d. -sr-lances required - None av:isr ii. ., ei ' . --,".„ '„ C Cq .Planner - :: -8- • IIL• f • 7f - 7a RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT TO BE CONSTRUCTED AND FINANCED UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHOR- IZING THE SUBMISSION OF AN APPLICATION TO THE MINNESOTA COMMISSIONER OP SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARA- TION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: • 1. There has been presented to this City Council a proposal that the City undertake a project pursuant to the Minnesota Munici- pal Industrial Development Act, Chapter 474, Minnesota Statutes, as amended (the "Act") consisting of the acquisition of land in the City, the construction of a 32,000 square foot multi-tenant office building thereon and the installation of leasehold improvements therein (the "Project"). Under the proposal, Donald C. Russ, a Minnesota resident (the "Proponent") will enter into a loan agree- ment (the "Loan Agreement") with the City whereby the City agrees to issue and sell its $ 1,350,000 Industrial Development Revenue Bond (the "Bond") to partially finance the Project and to loan the proceeds of such sale to the Proponent who agrees to construct the Project. The Loan Agreement will require the Proponent to pay amounts sufficient to pay the principal of and interest on the • Bond. The Bond will be issued and sold to an institutional invest- or or investors, as a tax exempt mortgage financing, and will be secured by a mortgage on the Project. The Proponent will retain title to and ownership of the Project and will leasd the Project to • various business enterprises under lease terms sufficient to provide for the payment of principal of and interest on the Bond. The interest of the Proponent in the leases and the interest of the City in the Loan Agreement will be assigned to the holder of the Bond as additional security for the Bond. The Bond will be issued and sold in accordance with the Act and will provide that the Bond is payable solely from amounts received by the City pursuant to the • Loan Agreement and other property pledged to its payment. The Bond will not be a general obligation of the City or be payable from any other property or funds of the City. • 2. There has also been presented to this City Council a form of Application to the Minnesota Commissioner of Securities, for approval of the Project, setting forth the estimated costs of the Project and the increased employment and payrolls to result • therefrom. It is hereby found, determined and declared that the purpose of the Project is and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and commerce; the development of industry to use the available resources of the City, in order to I1:1� • • f retain the benefit of its existing investment in educational and public service facilities; the promotion of employment opportuni- . ties in the City; and the more intensive development of land • available in the area to provide an adequate tax base to finance the increase in the amount and cost of governmental services pro- vided by the City, the county and the school district in which the City is located. 3. The Project is hereby given preliminary approval by the City, subject to (i) approval of the Project by the Minnesota Commissioner of Securities and (ii) approval of this City Council, the Proponent and the institutional investor or investors of the ultimate details of the Project and the terms of the Bond. 4. The Proponent, through Dougherty, Dawkins, Strand & Ekstrom, Incorporated, investment bankers, is undertaking to make arrangements with an institutional investor or investors for the purchase of the Bond. This City Council has been advised by Dougherty, Dawkins, Strand & Ekstrom, Incorporated that, on the basis of information submitted to it, the Project is economically feasible and that the Bond could be issued and sold upon favorable • rates and terms in order to finance the Project. The Mayor and the City Manager are hereby authorized and directed to submit the Application to the Minnesota Commissioner of Securities for approval of the Project, substantially in the form presented at this meeting, together with the letter of feasibility for the sale of the Bond and the Statement Concerning a Proposed Project, substantially in the form presented at this meeting. The Mayor and the City Manager and other officers, employees and agents of the City are hereby authorized to provide the Minnesota Commissioner of Securities with such preliminary information as he may request and are hereby authorized and directed to execute the Memorandum of Agreement substantially in the form presented at this meeting. 5. The Proponent has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Minnesota Commissioner of Securities; whether or not the Project is carried . to completion; and whether or not the Bond or operative instruments are executed. 6. The adoption of this Resolution does not constitute a guarantee or a firm commitment that the City will issue and sell the Bond as requested by the Proponent. The City retains the right in its reasonable discretion to withdraw from participation, and accordingly not issue the Bond, should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bond or should the parties to the trans- . action be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. • -2- : ' • •• • -- „ • , • " " - . . • • • 7. The'Proponent is hereby authorized to enter into such E. Ccontracts as may be necessary for the construction of the Project by any means available to him and in the manner he determines ' without advertisement for bids as may be required for the cOnStrUo• tion or acquisition of other municipal facilities. 77. 8. hackall, Crounse & Moore, acting as bond counsel, is authorized to assist in the preparation and review of all documents relating to the Project: to consult with the City AttOrner, the Proponent and the purchaser of the Bond as to the lanturity, inter- .et rate and other terms and provisions of the Bend and an, to• the • covenants and other provisions of the necessary &moments: and to , submit such documents to this City Council for final approval. • "• • • • , • :;„ -• • • City Clerk • • • • • 4( ••, • .40 • - -• • • 417. -?' • •;... TO"', • • • • TO: Mayor and City Council TARO: Roger R. Ulstad, City Manager FF3s aOhn D. Frane, rinance Director • DATE; June 29, 1979 HE: MIDB Bonds 1Uxsch Company = $1,20D.ODD f Public Hearing &.Re otution 47ae Kirsch Company intends to to::st.cas i. a'39;OO6 square !oot ti,rfLc81 warehouse/distribution fr,'4 i a ty in the Crasatown 1n tiat is f+ark, Addition at an estimated cost of $1,200,000. Tile property a *keeled' , industrial which is correct for the intended use. Resolution.t79-:106 is attached for your consideration. JDP:bg '• • • • • • fit' CITY Or =EN PRAIRIE', MINNESOTA Application for Industrial Development Bond Project Financing Via. APPLICANT: . • ii- 4• • IL. Dusiness Name - Kirsch Many . •b. Dusiness Address - 309 North P ..prcl Street ' • Sturgis, Michigan 49091 • c. Dusiness Form (corporation, partnership, sole proprietor- ship, etc.) - - Corporatism th State of Incorporation or organization - Michigan P. Authorized Representative - )lelvin Scheske '' vice President and Treasurer #. Phone - 616/651-2311 . . NAME(S) AND ADDRESSES OF MAJOR STOCh7UOLDLRS OA PRINCIPALS: On September 1, 1978 the Company had issued and outstanding 2,553,698 shares of common stock, each share being entitled to one vote. The following tabulation, to the knowledge of management, shows information as of August 1, 1978 concerning the persons who owned of record or beneficially, more than 55 or the Company stock, and also the beneficial ownership of all Directors and Officers as a group. All stock is one class of the Company's voting common stock. taw ii G.ul Or rdrmiri r4 of Gump Own arn,nriely e«aed re of Voting • ,ad MO..of i4..rruW 04.1.0 At of Autusr r,IBta Commas Kmet 3ohn N.Kirsch 244,320(a) 9.604 309 N.Prospect Si. Sturgis.Michigan Charles L.Kirsch 21I,610(b) t.a% 309 N.Prospect St. - Sturgis.Michigan Morgan Dual miry Titer Co. 201.303 7.93/4 of N.Y.(rhresirh its nominees f holds as fiduciary for carious accounts)•• (r.ISku 491,Church St. Station New YWk,New York MOOS All Directors and officers (inehr.lntg.(a)and(A)above) As a Group 466,052'1' 19.098s (1)Of the 4$I052 slurp.4,400 shares arc Wirer to uneacteised stock a(uitms ma)er the Courprny%quidit)td stork option plan. /p p) • 3. GIVE BRIEF DESCRIPTION OF NATURE OII BUSINESS, PRINCIPAL PRODUCTS, ETC: 1. The Company is engaged principally in the design, manufacture and sale of quality home furnishing products, the most important of which is drapery hardware. It produces a complete line of adjustable standard and decorative traverse rods, cafe and curtain rods, cut-to-measure rods, and drapery and window accessories, for use in hones, offices, auditoriums and other commercial and institutional establishments. it also offers various lines of shelving, bath accessories, wall decor and woven wood window coverings. • Other products include various types of housewares, such as laundry carts, clothes racks and collapsible gates; safety, badge and common pins; and high quality office furniture. .677 4. DESCRIPTION OF PROJh`CT ' a. Location and intended use: lot 4, B 1, Crosstown Tranatrial Park, 2nd addn. City of Eden Prairie, Minnesota. Of building. • ":::::: b. Present ownership of project site., Richard W. Anderson, Inc. 9b00 Valley View mad Eden Prairie, Minnesota 55343 e. Names and address of architect, engineer, and general contractor: Architect: tractor! r.; Ed mn,kae Adolfson &Petersen, Inc. • 6701 best 23rd Street •6701 West 23rd Street • Minneapolis, Minnesota 55426 Minneapolis, Minnesota 55426 • • Do not plan to utilize separate engineering firm at this point. S. ESTIMATED PROJECT COST FOR: Land $ 250,000.00 Building $ 750,000.00 Equipment $ 150,000.00 • Other $ 50,000.00 • I • . Total $ 1,200,000.00 • .s _.__ �.. _-_ .._...y..�.. men. • • . . .4. /e1 • • 8. BOND ISSUE - • ir t. a. Amount of proposed bond issue - $1,2O0,000.0O b. Proposed date of sale of bond - July 26, 1979. . • • • a. Length of bond issue and proposed maturities - yam• 9onds will neture in 16 equal anew]instal]nen:s of S75,O00 oach mancing July 26, ]989 and ending 3uly 264 2004. d. Proposed riginal purchaser of bonds -- .me m Aet Casualty and and o surety w a. Name and address of suggested trustee - Nosth stmav+National Bank of Minneapolis MirmealsoL s, Id:mewls f. Copy o any agreement between Applicant and Original purchaser - Aetna has verbally agreed to purchase the bonds; drafts of the Bond Purchase Agreement sill be available in a few weeks. A copy of the commitment letter is attached. g. Describe any interim financing sought or available - sae ii. Describe nature and amount of any permanent financing in addition to bond financing - None 7. BUSINESS PROFILE - • • a. Are you located in the City of Eden Prairie? No •b. Number of employees in Eden Prairie? • J. Before this project: Nave • -3- • it • • • • ii. After this project? 13 C. Approximate annual sales - $160,000,000 . d. Length of time in business n Yews • • in Eden Prairie 'Not presently in b rinnss in BSen Prairie _ e. Do you have plants in other locations? If so, where? • The location of the Company's manufacturing facilities are described in the table below. Exhibit A lists all properties. Location Location Sturgis, MichiganLoves Park, Illinois Sturgis, Michigan Irvine, California • Scottsville, Kentucky Westlake, California • 3siotteville, KentuckySh Chatsworth, California Woodstock, Ontario ` tenoxa.in,Kansas Pennsylvania Beacon Falls, Connecticut I Wa xassas Winsted, Connecticut• I Waco, Texas White Pigeon, Michigan Yakima, Washington Cudahy, Wisconsin 3. Are you engaged in international trade? ' Yes 8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): • a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant iS the owner or a "substantial user" of the facilities or a "reheated person" within the meaning of Section 103(b)(d) of the Internal Revenue Code. New Hartford, Connecticut-Plant leasoi by The Union Pin Ccmiaty, a wholly earned subsidiary of Kirsch Cc parry. Scottsville, Kentucky-T10 plants lc soJ by Scntscraft, Inc., a wholly pined subsidiary of Kirsch 0aspany. Sturgis, Michigan- Plant leased by Kirsch(+*sp ny.. • , L ::::'..4:::: .. f• . f • • b. Lint all cities in which the Applyc•�nt Has reaaostad'� . industrial revenue development £ nnnciirg. _ New Hartford,t,nnecticnt • Booneville, Mentasicy Sturgis, Michigan • A • • 4 • c• Detail the states of any request the ;pp33cant has before any other city for industrial develmpment scud' finaaei•ng• None 8y pig • » ..__,._ z • f d. List any city in wtaich the Applicant has hear refused industrial deve]opmeat revenue fifluee ee '` None • .. e. List any city (and the project name) whereetthd e A+iini it has acquired preliminary appreswal tG in final approval nuthoriziug the financing has been denied. 'f mane • • • 7.777• • • • • •• r-: 4.,i 6 g ': ''' '''''''''''''''''":::::::'''''''''''''''''''''-:'''7';''':: :'''''"*.''.."-.2'1"7.';'72'...t-4.7-+":T.7,.::'• '',.;:,„:„.,:,,,,,,...,,,,:,''.,..:,:,,,,...,,,,,,,,,,,,,.,,,,,7.f.:2,,,,,,,:.,.,,,,, j,:„.„.1,,..: :„1„,..,:,,,....:„.,....„::::„:::,,,,.,,„:„...., ' . '. '.' . ..7"'''':S'.. ''''''''''..7:. ''.''''''‘.";'''''''''''':'''''''''''';''''-''''--''''':'..'''''''..''''I.'''''''''i 7:.i.:'i'''''''''''S''''':,-..''„:::-.'"=.7.7-.'5:c-`::.;::::',..:::;:,-.,,-;,...--;::.:...„.„.,-...:,•.,--,:„,:;::::::,:.........,,,_.i.., - , l.'': : ' :::'::"::'''.':E',:,:::4,7,.7.....,:.",7Y,...::;IS.......t,-;-..7/..•-,:-..,77,.,--,...,..1-:;.....:..,:::...„.,.,..;.:1,-..,,,,i...,,,,,,:.,....„. ?,;_,..„i.:,:y,i,,,,i,...,,:::,,,,,,,,,,,....;.„,,,,.,....:,, , , - . 1:-...,:-..-7'..;-.'--.7'''''. “.... ......' , •7 T'-•''`'.-'...: '':7, '' '..'" ''..-:-T.::...7:•:7Z,..7,`:,r 2',..•'‘''.1-,;: '..,;:„."..''....7.., ' ' .:'''-'''' •'',.., '''''.'-:''''.7' ''''''''' '7:::::;..,"..':'.7.',:7;:..":,„:,:::.-,'::'-'7:'-'' :'1',..':"'...""'"..,'-'.,',;" ".".....':::,;',.,'„,,.:..."iLL',7",-,. ' " - --' "- ^ • " -- , -.. . .,, _ ,_,_. _--- • f.:-.. ' IC • ' „ _ ... . . ',. , •„ ,., If Applicant has been denied revenue financing in ante:n:TZ:rItlilreftlIcif4Prt :: • in (d) or (e)' specify there ason(s) for the denial — and the name(s) of appropriatn city officials who . . -have knowledge of the transaction. 4-':-..," :," • • . . NOt applicable • ., • • •• -',--'..-i,' ...!" ., • . „ ... . • . ''-r•-',• ,,.,-,'• -' • . . • "r•-•,' ..„_."-z1:: : . • 3„. '.. ^^",,,- -,.• ',:.' , i''.;' . :-...7.,..... :: • . .'."...4/.- WAMES AND ADDRESS °7: - ., .;...., .,..:„......i:,:.•. ,.., ' . offering) Underwriter (If public • - '',,::•.i. ...,":•";a"=„. „, . •-• ",,,:;":„.",:„. •:'-.',...; .. Not artairiollP, me underwriter Snuolved : - - . - - , .... ....... Purchaser (If private Plsoemmitl Private Placement and sam47074xmly . • ,.... „,.. 151 yard, 06156 . - •.. • IX1UiriOS should be addressed to Nr. Keith Nimes) 1. If lender will not commi:stTtiilas21:yri proposed •: . passed its preliminary the project, submit a letter from ..'..", lender that it has an i,t3t.,TII:tnirctittli,e offering subject to apt '". approval and approval of the Commissioner ''''",-:••.. of Securities. • . . "''• , •• • a ,.. . Z' • a • „., • . • 1-. ..,,, • .. %, • 4 • . . , .. • -6- • ' . _ ,..: • _ • • I Kr. ' ' "" " ''''' '''''',-,-":";•,:'••..."--;:;•".•,•;-''"7,,,".".'""...,,:.......:•• . ; . 1 b. ibnd Counsel - Chapion&Cutler .17 111 West ktonroo Chicago, Illinois 60603 C. Carpor.•ate Counsel - Dresser, marks&Svery son 112 South Dbnroo Sturgis, Michigan 49091 d. Accountant - Arthur Andersen&Co. 400 Renaissance canter Detroit, Michigan 48243 (Contact is T3notby E. Durbin) 0. let&T is Yam TARGET DATE rSSta a. Construction start - .Tuna 1, 1979 • • b. Construction ccapletion - Member 1, 1979 ma FURTHER 1NF0101ATICI8 CaNTDICT: 11ae undersigned Applicant understarxls that the approval or disapproval. by the City of Eden Prairie for industrial izwo.101, eirt bond finnvieinti does not expressly or inpliedly constitute any approval, variance, or waiver of tut.provision or raprircwent relating to any zoning, building, or other rule or ordinance of the City of Mien I''rairie, or any other law ayplicable to the property included in this project. 1CIASCat ECT PANY , Fipliciutt . lay M 1vin peke liVia:PPreuident and Treasurer Miy 24, 1979 ? �atr fl _____ ._ ,....,..,.,......,„ ,.„•-,: ,••,....-,.. 7 7.•• .•.- - ... ..... . . . ..:-..:•:::,:.•,".,''...;,-*...,,,:."'„.f,...:•,-..z-.:•:•. :„:,-..,".•. .t.•••••. .•:::::::7:-.,.•.".•f•-•.4":•••4":„:.7...". •7±"..,:•.."•.H::::t2.,: t'f•""‘•.:::...::"--....;••-?;'••••T'•'. 4-tfi•j••• ••227:^;'"'•:"2:.". :-'•''''-•":-''''':'''"'•''4''- : 7-'2;:•:'':''''';•'•;•::;::'•':•''''::: '''•';'4:•':':':''''''''' . . . .,,,... .,„,. ...,.,,,:r.,..,..,..:..,,.z,.,,,,...,,,....,.:4:...,7,i..:...,.....,„...... .,..,:,..:,,,..-,..., :i.,,..,,,.. :!;"•• •,,,,.,,,,,...,..,.:,,:,,,,z5,-,:.•:,-; ,•• •2,t.E ... ...,...::.',:•••:.".••:.,:••••:;::.".•-%-:1,-",".•;.:''':k.:.;;;;i1,.::•••:.;.-":"••••:•-'•••''''."'''''•'-'•';' ''''''-'?"''••:::;-Y:•-::''' . ..''. ''...-.;... .,...,.:-•.;:,,...••.-.F.;•.t,i. ....-.•,-.s.7,-.:..„•;,,,,••' .;.-;,`":',:,••••. .,',. ..•• -•ii-•i,•.....•=•.-"••'"•- '''''.'2•''":"•••'-''''''":•••••'''''••• •••'':':•"'''''''''''''''''''''''''''''''''''•7i'''•'"''"':':".;•:"'"'•''::"•-•'7'•''''2"'''''' . .. . • •. . .• - -- -...„. . . " , . - •• -'• ' ' •' • - . -''----' ' :• •.. .• .. '":,''..: .. ' , '. r:'''7,':'-',,;'.: ''...' I,.' '''''.'.l. . : ' .''.','f':':J'.'''' :::''''''''';'..:'''.. ..,'.7,'::'''.:".':...:-.:;--Ei,'. . . . , „.• .,.. : ...,........ .: ,.. ,,,...,,,.......,;•. .•••••:.:•,..........:...•.:,., •••,.::‘.:. ..:::,:•.••••-••••;:. ,"., ',::;::::.••••::„. .,:.,:',,y.•7.•:;i:;.,:•1,:;::;..,;•:‘,;-...;:.'1.'t•••',7::".: ' r.: ' - • " '....:"...•:.. -;':-.''•••::::•••••••••1',.•.... ..'•::•1•".,'.•;:'::±•'71.::'::::.,.••••••••••. •:: ".':'.•.'':': .•.: ...'•1::::. :-....-':.:::';.•1•:.i.:::2.:;:i':::'.': . „... . . • • -,..,:.•: • .2........•••• . . • ?....fL...., _ .. •-..,'.!•y:-.:! .. . . :',•-.. it •.,••••....,.. .. ........ • '••••:', • ' . 11. ZONING - TO DE COMPLETED DY THE CITY PLANNING DEPARTMENT ..._ - ..........- . • ..•.:3":::. — ."••••••:. " . :-,:::::.:: • ' •••7.',.'.i....., ..:,,. ',.;,-;•:' : •._ . a. Property is zoned - •• • •";-..",t!".. ' ••.:'. : '' ,'"...•••••ii, • ...., ,.-,,,, ... • • -.f'f.'":.',•. b. Present zoning. , (is not) correct for the intended .., use. ...... .. , • ::',.,'",7'. • ''.'','J."•:.- • • : ' ......::::-• • if', • '::'.......::"...:1.'1'.''.:. Of Zoning application received on •• • • . ....:i.....:•:..", 47,.',..."...,::.. for which is ;Correct for the ...,.• . "..z...,•:':'.•.,:: . -1:;:t?,.•:••.‘':,•: intended use. . . • ... . • •• • ' ',.•••:',..,:.-•., .• :...::::•::::'" 41. Variances required - • • . • . ,. , : '!J:•.••.:.;.;••:., '''..H.•:;'" • • .:,t..,. ...•",'•::••: ••;•-•...•,•.•'''. ' ••''''/-:.'•••''' • ---•--• ' ..,. ...•... ' • '.:., T4J.,:..: 411- : • . . . . .,....,.. . . .........., , ..,. .: ,..,...,.,:. .... CityP1anner '.'."':;:.',',•:, .. : . . : .?... ,,• •.''.'.:::•••• . . , ..,.. ... . . ....t,,•:'.•' . ._ 7'• . . .. .. .. . :. ....'.:'; .: . 1,.. . "•.:...f.': , • . ... . . '•7:. • '.'...". , .,. ., . • ... • :••••••:- . . . • . . . . . ......„....7..,, . .,.,• . . • . '. • . . . • C -8- . . .. • . _ ., • • * . • .; .: : • • . . . ., . " • •, . •_ . ., ._ ,, •.... .. . . ...... •,,-- . A ... . • •:/-3,1 ..: .. :. . .-.....:::...:,.....,'..,,,::::. ,...:‘,,,,..:::-,... .... 7.-....:,,,::.,,'„,,,,.:-....r..-i.„.;...,;: :.,,,,1 ,, / RESOLUTION NO. 7 9-/O 4 7 RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT: GIVING PRELIMINARY APPROVAL TO THE PROJECT: REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL: AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of • Eden Prairie, Minnesota (the City) as follows: 1.1 The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts; the development of industry to use available resources of the community in order to retain the benefit of its existing investment in educational and public service facilities; and the more intensive development of land available in the area to provide an adequate tax base to finance the increase in the amount and cost of governmental services provided by the City, the County and the School District in which the City is located. 1111 1.2 Kirsch Company, a Michigan corporation, qualified to do business in Minnesota (the Company), is considering acquisition of approximately 3.87 acres of land in the Crosstown Industrial Park within the City and construction and equipping thereon of one 39,000 square foot building (all such property hereinafter referred to as the Project), to be used by the Company for the warehousing and distribution of drapery hardware and related products. 1.3 The existence of the Project would add to the tax base of the City, Hennepin County and the School District in which the City is located and would provide increased opportunities for employment for residents of the City and surrounding area. 1.4 This Council has been advised by a representative of the Company that with the aid of municipal borrowing, and its resulting low borrowing cost, the economic feasibility of undertaking the Project is significantly improved. 1.5 This Council has also been advised by a representa- tive of the Company that on the basis of information submitted to it by the Company, The Aetna Casualty and Surety Company has preliminarily committed to purchase revenue bonds of the City upon favorable rates and terms to finance the Project. •i 0 • ( 1.6 The City is authorized by Minnesota Statutes, Chapter 474, as amended (the Act), to issue its revenue bonds or notes to finance capital projects consisting of properties used and useful in connection with a revenue-producing enter- prise, such as that of the Company, and the issuance of such notes by the City would be a substantial inducement to the Company to construct the Project. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its revenue bonds under the provisions of the Act to finance the cost of the Project which is presently estimated to be approximately $1,200,000. 3. The Project is hereby given preliminary approval by the City and the issuance of revenue bonds for such purpose and in an amount up to $1,200,000 approved, subject to the approval of the Project by the Commissioner of Securities and to the mutual agreement of this Council, the Company and the initial purchasers of the revenue bonds as to the details of the revenue I '' bonds and provisions for their payment. 3.1 In all events, it is understood, however, that the revenue bonds of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City 41 except the Project, and any revenue bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. The adoption of this Resolution does not constitute a guarantee or a firm commitment that the City . will issue the revenue bonds as requested by the Company. The City retains the right in its sole discretion to withdraw from participation, and accordingly not issue the revenue bonds, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the revenue bonds or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any documents required • for the transaction. 4. The form of Memorandum of Agreement relating to the issuance of the revenue bonds to finance the cost of the Project is hereby approved and the Mayor or the Finance Director is hereby authorized and directed to execute the Memorandum of Agreement on behalf of the City. 5. In accordance with Section 474.01, Subdivision 7 of the Act, the Mayor or the Finance Director is hereby authorized and directed to submit an Application for the Project to the Commissioner of Securities for his approval of the Project. The Mayor, Finance Director, City Clerk, City Attorney and other -2- I731 r. C• officers, employees and agents of the City are hereby authorized to provide the Commissioner with any preliminary information e 4 to may need for this purpose, and the City Attorney is authorized initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. 6. The applicant has agreed to pay directly or through the City any and all costs incurred by the City in sonnectian th the Project whether or not the project is approved by the ►mhissioner of Securities; whether or not the project is carried completion; and whether or not the bonds cr opera ive truments are executed. ',Motion made: :handed die 411 19ay3 r Attest: City Clerk i . t • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Monday, June 18, 1979 7:30 P.M., City Hall COMMISSION MEMBERS PRESENT: David Anderson, Steve Fifield, Robert Johnson, Robert Kruell, George Tangen, Vice-Chairperson COMMISSION MEMBERS ABSENT: Richard Anderson, Robert Carlson COMMISSION STAFF PRESENT: Robert Lambert, Director of Community Services OTHERS PRESENT: Frank Cardavelle, Tim Pierce, Dick Dahl, E.P. News; Al Dybiec, E.P. Sun I. ROLL CALL The meeting was called to order by Vice-chairperson George Tangen at 7:40 p.m. II. APPROVAL OF AGENDA MOTION: Dave Anderson moved to approve the agenda as published. It was seconded by Johnson, and passed unanimously. III. MINUTES OF JUNE 4, 1979, MEETING IIChanges: pg. 2, V.A.1. "the excavations were piled on the banks of the creek and still have not been moved." pg. 9, VII.D. "Duck Lake Road" pg. 5, para. 2, "advised the staff of the advertisement" pg. 7, VI.B., "be able to use the Gorra house. . . residents and schools." MOTION: Dave Anderson moved to approve the minutes as revised, and Johnson seconded the motion, which passed unanimously. IV. PETITIONS, REQUESTS & COMMUNICATIONS None • V. RECOMMENDATIONS AND REPORTS A. Reports of Staff 1. Development Proposals a. Duck Lake Vista Tim Pierce made a brief presentation of his proposed development, reporting to the Commission his request was for 32 single family lots and no duplex lots. The rezoning had been approved by the iPlanning Commission. Dave Anderson asked if the school had given any specific reasons for not wanting any lots adjacent to school property. • • • • • Minutes--Parks, Recreation & unapproved ,June 18, 1979 • Natural Resources Commission -2- None had been given. Mr. Cardavelle, who had done the survey work, also pointed out that all the bottom floor elevations were above the high • - water mark of the existing wetland. Kruell asked what the final treatment of the wetland would be. Cardavelle reported that it is classified "Public Water", and • would not be disturbed. It is surrounded by a no-cut, no-mow, area. The lot lines do extend to an area between the normal high-water mark and the extreme high-water mark. Kruell then questioned the 8' bike path referred to in the staff • report--where would it go, and who was to build it? Lambert explained that it was to be built along County Road 4, if and when it is expanded to four lanes. Until that time, a 'shoulder-trail" built by the county would be utilized. As a • transportation trail, it would be the city's responsibility to build it. MOTION: Dave Anderson moved to recommend approval to the Council of Duck Lake Vista as per the staff memorandum of June 15, 1979; with the request being changed from 30 single- family lots and two duplex lots to read 32 single family lots. Kruell seconded the motion and it passed unanimously. • b. Suburban National Bank Lambert explained that this project was brought before the • Commission because of it's close proximity to Anderson Lakes Park. The bank wishes to develop 2.4 acres of a 4.4 acre site, located at the north east corner of the Major Center Area. Kruell asked if, with the growth due to the Hartford development, etc., the bike traffic wouldn't increase sufficiently to provide trails? Lambert pointed out that there's a trail system on the other side of Schooner Boulevard, and trails are important to get to the center area. However, internal trails are probably not necessary since the parking area is all paved. Kruell warned of the potential for creating traffic patterns which force people to drive, like they did in the Southdale area. IL Lambert replied that there would be no problem installing pedestrian corridors within the parking areas should it ever become necessary. At this point maintenence of trails is a • genuine concern to the department, and the trail system is only beginning to develop. 111110RANDUM .• TOt Parks, Recreation and Natural ResDurces Commission FROM Bob Lambert, Director of Community Services • D7%fi: June 1S, 1979 SUBJECT: Development Proposal Check List PROJECT: Duck Lake Vista Pierce and Associates I�iI011�ttutsP: _. R : Rezoning from Rural to R1-13.S & gjl 6.5 • Preliminary Plat for 30 single family lots and 2 duplex lots • Litekritm West of County Road 4 and south of St. Paul Railroad tracks 'onouND: See Planning Staff Report 1. Adjacent to parks? (Neighborhood, Community, Regional)Colmtz tit)'{'ltool_4. • Affect on park: Provide more demand for neighborhood uses of' the ' nu it}• park" facilities. 2. Adjacent to public water.? Duck Lake on opposite side of R.R. tracks Affect on eaters: None • 3. Adjacent to trails? Bike trail along County Road 4 proposed S' separated, ring 6' shoulder trails. Type of trails: (bike, multi-use, transportation, etc.) Construction: (asphalt, concrete, wood chips, aglimc) asphalt ....__ y Width: S Cit•Party Responsible for construction? • dedirated Landownership: (dedicated, density tradeoff, etc.) Type of ltrvelopuncnt? (residential, commercial, industrial) ide�-�. tnt is.,,,,_,•..__..�.�. Where will CASH PAld: PHI go? (what neighborhood)_ Rt41114 E"apM• +Y ___�_..___.. Na Need for a mini-park?.____ • • • S. REFERENCE CHECK: C. a. Major Center Area Study: N/A b. Neighborhood Facilities Study: Round Lake Park servos neighborhood park and • open space requirements. =; c. Purgatory Creek Study: N/A • • d: Moreland Management Ordinance: N/A The pond is not part of Duck Lake and is not of sufficient size to be classified shoroland. a, P1'oodpiain Ordinance: • • f. Guide Plan: See Planning Staff Report • 111 g. Other: 6. Existing or pending assessments or taxes on proposed park property: NiA 7, CASH PARK FEE? $325/single family unit and $250/multiple unit 8. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or • against proposal: See Planning�_St.aff Resort for school comments. . O. Number of units in residential development?19.75 30 Single Family, 2 Duplexes Number of acres in the project? _ Special recreation space requirements: N/A 10. STAFF RECOMMFAOATIO\S: Apyoval based on plan of June 5, 18741._IIu11°.11l11ning Staff R prt of May 8, 1979. • approved Planning Commission Minutes - 4 - June 11, 1979 . cA. Schoenfelder PUD • continued public hearing (continued) Torjesen asked whether it would be appropriate to address the question of the realignment of Valley View Road, and whether the developer was aware of it. The Planner responded that the plans for the realignment are very general presently, and it is not included in the capital improvement plan 1 in the next 5 years, but if development of lots becomes more of a reality, we can work more closely with owners affected. Kostecka expressed concern that his property would be taken to the benefit of the developer for the road alignment of Valley View Rd. MOTION: Torjesen moved to close the public hearing on the Schoenfelder PUD Concept. Retterath seconded, motion carried unanimously. MOTION: Torjesen moved to recommend denial to the City Council of the Schoenfelder PUD Concept as per the staff report of May 7, 1979, Minnesota Department of Transportation letter dated May 23, 1979, and for the following additional reasons: 1) Guide Plan Update proposes residential use in this area, and the proposed plan contains no binding conmittment for residential 2) Amount of site alteration necessary as far as hills, trees and filling of flood plain 3) Lack of traffic information 4) Alignment of Valley • View Road. Retterath seconded, motion carried 6-0-1, Bearman abstaining, ALL MEMBERS PRESENT: B. DUCK LAKE %IsTA, request by Pierce & Associates to rezone approximately 20 It acres from Rural to R1-13.5 and preliminary platting of 32 single family homes.. A continued public hearing. The Planner discussed the revised preliminary plat dated June 5th, explaining that the proposal now contains 2 additional single family homes with a common drive-way, subject to access approval from Hennepin County Highway Department. All lots have a 90' frontage, the "S" curve has been eased in response to Commission concerns from the meeting of May 14th, as well as 200' of 5' high fence centered on the centerline of North Hillcrest Court West. Hr. Cardarelle, Cardarelle & Associates, Inc., agreed to work with the City Engineer Department in working out the alignment of North Hillcrest Court. The high water mark was discussed. 'with Cardarelle assuring the Commission that the lowest floor elevation of all of the homes would be at 919'. Mr. Grant Sutliff, 7070 Eden Prairie Rd., expressed approval for the droppinn of the duplexes from the plan. He felt the water level has changed now because of the new bridge being built, and requested that the County be contacted re- garding the water level. Mr. Dale Cattnach, 16731 Prairie Lane, asked about road system and utilities. The Planner explained that the proponent is petitioning the City to put in utilities and street, and the City Engineers are working on the design. MOTION: Gartner moved to close the Public Hearing on the Duck Lake Vista Preliminary Plat. Torjesen seconded, motion carried unanimously. 17 ,-, • • • approved PLANNING COMMISSION MINUTES - 5 - June 11, 1979 B. DUCK LAKE VISTA ' continued public hearing (cont'd) MOTION: Gartner moved to recommend to the City Council approval of the rezoning from Rural to R1-13.5 for 32 single family lots based upon the plan dated 6/5/79; Riley/Purgatory Creek Watershed District letter dated 5/3/79; County Department of Transportation letter of 5/8/79; Staff report of 5/8/79 (with deletion of no. 1); and direction to the Staff to pursue the alignment-of North Hillcrest Court with the School District. Levitt seconded, motion carried unanimously. . MOTION: Gartner moved to recommend to the City Council approval of • the Preliminary Plat dated 6/5/79 as per previous motion. Levitt seconded, motion carried unanimously. C. SUBURBAN NATIONAL BANK, request to rezone 4:4 acres from Rural to Office for a bank and office facility. Site is located at present drive-up facility, 11401 West 78th Street. A public meeting. • Retterath stated her former employment with the Suburban National Bank. • Ms. Michelle Foster, Governmental Affairs Coordinator for the Rauenhorst Corporation, presented the request for rezoning of the site, explaining • that the request was in conformance with the long range plans of the City. They are requesting two variances: a BUilding Heioht Variance of 10' and Parking Variance of 11 Spaces. Suhurhan National Rank has a nurchase anreement • . on the southern 2.4 acres, with future option on the additional 2 acres. Foster addressed the staff report of June 7, 1979. explaining that the 11 parking spaces needed to meet the Ordinance would not be good for their site plan, and they did feel extra parking could be accomplished through • arrangement with the Eden Prairie Center. Rauenhorst has not provided 8 spaces per thousand for other drive-in banks, as 50% of the traffic will go through drive-in facility rather than use the parking facilities. Bentley expressed uncertainity on whether this rezoning request was for a 4.4 parcel or 2 acres, and since•this was not a preliminary plat request, we would be allowing an outlot. The Plannr exlaneddrthat thesrequest was for rezoning of an entire parcel without anyrequest Therefore, although there would be a vacant portion of the site it would not be an outlot. Bearman questioned taking rezoning action of the 4.4 acres with the possibility of two owners. since the Suburban National Bank did not as yet own 2 of the 4.4 acres. Mr. Roy Terwilliger, President of the Suburban National Bank, explained that the necessary papers will be signed with Homart as soon as possible. • The Planner explained that the Suburban National Bank wants rezoning of entire parcel according to the site plan, and if they wish to pursue building • • one or two buildings on the site, they would return to the Planning Commission • IL or City Council. • �ttJ.o • • 'approved Planning Commission Minutes - 6 - May 14, 1979 4[ C. Schoenfelder PUD: . . .Public Hearing (cont'd) Gartner commented that through the neighborhood meetings on the Guide Plan, most of the residents were in favor of keeping the character of Eden Prairie without a lot of land alteration. Bentley commented that the proposal does not have anything specific at • this time and therefore feels the plan is premature. • MOTION: Bentley moved to close the Public Hearing on the Schoenfelder PUD. Retterath seconded, Motion carried unanimously. MOTION: Bentley moved to recommend to the City Council denial of the • Schoenfelder PUD Concept. Torjesen seconded. DISCUSSION: Torjesen felt the proponent should be asked whether he could come back and meet the conerns expressed tonight, and whether he preferred to have his request continued. Sathre responded they would like to have the request continued, because he felt it would be better for Staff and themselves to work out the concerns and come back to the next meeting. • WITHDRAWAL OF MOTION: Bentley withdrew the Motion, the second was withdrawn. MOTION: Bentley moved to continue the Schoenfelder PUD request to the . meeting of June 11, 1979. Torjesen seconded,'the motion carried 4-3-0. Martinson, Bentley, Torjesen, and Levitt voting "aye"; Bearman, Gartner, and Retterath voting "nay". • • ALL MEMBERS PRESENT D. DUCK LAKE VISTA, request by Pierce & Associates to rezone approximately 20 acres from Rural to R1-13.5 and RM 6.5, and preliminary platting of 30 single family homes and 5 doubles. A Public Hearing. Mr. Tim Pierce, Pierce & Associates, presented the proposal, explaining that the new plat was changed to 28 single family homes and two double home lots. • Mr. Cardarelle, Cardarelle & Associates, Inc., explained that they have tried to address the requests of the DNR. Their intention is not to do any filling,Pccess as nearto the south from the bridge as possible is for the • purpose of sight distance, and they are trying to line up the road with. North Hillcrest Ct. Road. Road right-of-way will be 50'. Bearman inquired what the normal high water mark for this area was. The Planner responded that it is approximately 915.3, which is the high'water • mark for Duck Lake. Further information is expected from the DNR on setting the high water mark for this area. • The Planner discussed the cul-de-sacs in the plat. and noted that they lacked the 90' frontage according to the Ordinance. Cardarelle questioned the 90' frontaor requirement. and why it was required. Bearman explained that it is require IL because of: . snow removal problems (1 mile of straight road equals one cul-de-sac maintenance); mail delivery and utility service problems. and lack of on street parking that make this requirement important. I/I{ ') • • • approved Planning Commission Minutes - 7 - May 14, 1979 • D. Duck Lake Vista. . . .Public Hearing (cont'd) • Cardarelle suggested a 60' radius, with a 15' boulevard as an alternative. . The Planner explained further that there are too many lots around the cul-de-sac and•a 90' frontage would limit cul-de-sacs to three houses. He noted that there are over 150 cul-de-sacs in the City presently, and the City Council and Planning Commission feel these should be limited in present and future proposals for the purpose of cutting down maintenance problems. Cardarelle commented that they would like to keep the size of lots, and . . he felt they may have to change the.lay-out•of the lots. - ... ..... ... .... Levitt asked about the proposed scenic easement and how much it would incorporate on bordering lots. Cardarelle responded it was env cut, no now" easement around the railroad tracks. Torjesen questioned the sharp angle of the proposed road. Cardarelle explained that they have met with the School Board and the Highway Department, and commented that the School Board did not want any access to the north boundary line. The Planner agreed that the School District would not want a road backing up to school property, but did suggest a loop road so the cul-de-sac would not be too long. He requested a line up of roads, joint access to the north acceptable to the Highway Department, and relaxing the curve in the south. • Levitt asked whether the plan had been altered in any other way. The Planner responded that some of the homes were platted into the woods, but that these are now moved out and he considers it a significant improvement. Cardarelle agreed to work with the Staff on the road and cul-de-sac questions. Dale Cattnach, 16731 Prairie Lane, expressed concern with the possibility of inadequate sewers. The Planner explained the Engineering Department will look at the best situation for the sewer and make sure there is capacity for additional development. Mr. Grant Sutliff, 7070 Eden Prairie Rd., expressed concern with doubles being located next to his home. He suggested moving road to the north,with one single family home and one double put into this area. and in this way eliminating expense for the School District. Pierce respondedthat the road will not be of any expense to the School District, but that they have asked only for an easement. MOTION: Levitt moved to continue the Duck Lake Vista Public Hearting to meeting of June 11, 1979. Retterath seconded, motion carried unanimously. �" • : l STAFF REPORT TO: .Planning Commission FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Planning Director DATE: May 8, 1979 PROJECT: DUCK LAKE VISTA APPLICANT: Pierce & Associates REQUEST: 1. Rezoning from Rural to R1-13.5 & RM 6.5 2. Preliminary Plat approval for 30 single family lots and 5 duplex lots LOCATION: West of Co.Rd. 4 and South of St.. Paul RR BACKGROUND ,1968 Guide Plan The 1968 Comprehensive Guide Plan depicts this area as M3 - Low and Medium 'density residential. 1979 Draft Guide Plan I, The 1979 Draft Comprehensive Guide Plan illustrates this site as low density residential. LOCATION MAP PUB kiwi Irif`r. • ;.-. :, 1 , -tip- # .. 1 _ , ,.. ..,, ,,,„0,,,,i, , ' e ts.flt'---- CD I 111 l I-- � / ,'i \ ��11111 T i a, _�: % = ice �,! `e -- . Prairi• �w.13 � � m'� 1t' view Sc d3UB /� �' .- * - AO/ ms .i'iii.. 1111i 111111M1 11 II '47:64. ill - 1-13.5 SCHOOL 8 14 ' �' � �% P B-:::(--# t rit±1.7- 7---DROt/Y0 LJLL 1I— 9 � 2.'`jt :1 9-8 ••- • • • • Staff Report-Duck Lake Vista -2- May B, 1979 I SITE CHARACTER • i; 4, ; v(.•,.. ,, 6 Soils - • , .. NeR:i. • • . ,IL401111: . The H er HeB HeC and N re N B Soils are -,' ft•r well suited for residential construction becauseilithey are underlain by deep sand or gravel, have •or �e .10 a deep water table, and good bearing capacity. • "b.;•: :IL.. .,;; 1d�' The Hayden(HbB,HbD) Soils are suitable for `� � � n ..� pes residential construction due to fair bearing �[ p ,. yy� capacity and being well drained, but compac- • r I ' L �. it&IN' tion of fill around foundations is recommended _ .. to prevent uneven settling. The Dassel (Dm) and Dundas (Du) Soils occurring + _ ' Wk‘.40 �!in small isolated areas (center & southwestern *� Eui I Corner of site) are poorly drained and will m: � . . • —:• require excavation and fill to produce building ,_ ,--� '"` ,. i' pads for residential construction. Extra-wide footings, drain tile, and compaction after is 4 .., two., backfilling are also needed. _- . __ r,.L Topography • The eastern side of the site drops sharply from Co.Rd. 4 to the water. One area drops 20 feet in a distance of 100 feet. Development of the eastern portion into duplexes, or single family, would require fill to the point where development may be uneconomical. The Watershed District is recommending a Normal Ordinary High Water Mark of 915.3 elevation controlled by an outlet constructed at 915. Existing drainage from the site travels south, goes under the culvert • beneath the 2 existing homes' driveways, then crosses under Co.Rd. 4 to back yards of South Hillcrest Court homes causing water problems. The plan.as proposed will not aggravate this situation. The extreme western portion of the site drains westward along the street and out the cul-de-sac overland onto School district property. This is not an acceptable drainage plan and will have to be modified as per City . Eng1neering Department recommendations. The remainder of the site is gently rolling with a natural ridge occurring along the railroad tracks. 4( Vegetation A mixture of trees exists on the site with the heaviest growth occurring around the lake, behind the two existing homes, and along the railroad tracks. Dutch Elm Disease does exist on the property and diseased trees will have to be removed according to City ordinance. J,.; ) Staff Report-Duck Lake Vista -3- May 8, 1979 • • ORDINANCE REQUIREMENTS Ordinance 135 R1-13.5 All lots are shown at or above 13,500 square feet (13,560-51,000). Recalculations will have to be made in order to subtract square footage gained by extending lot lines into the pond as the pond is public waters and cannot be included in the lot sizes. Movement of the short cul-de-sac serving the lake lots to the west may be necessary to achieve minimum lot sizes. • The minimum frontageg of290 feet isnot met by Lots 9,21,22,2655 & 27 of Block 1, or ongeor appTicab°ife,at ie Totsaon tneycuileeysac snould46e rearm ?o va rootsTrontageos. Applying the 915.3e1evation along the west side of the lake , lots 9-13, Block 1, will lose a considerable amount of their backyards and will not meet the required _ • size of 13,500 square feet or larger. City ordinance does not allow cul-de-sacs in excess of 500 feet. North Hillside Court West is approximately 1300 feet long. The School Board has no desire to have this street continue through the school property, so a solution may be investigation of a loop street to serve the single family lots. aOrdinance 135 requires all lots abutting railroads have a minimum depth of 150 feet. This requirement is met by the lots abutting the tracks. • Although the School Board did not oppose the plat as designed, they would prefer that no lots back onto school property.(see figure 3, page 4). RM 6.5 ' The 5 proposed duplex lots are located between Co.Rd. 4 and the pond. The Engineering department is requesting a setback of 85 feet from the centerline of Co.Rd. 4 for all residential structures. (see figure 3,page 4). • The required depth of RM 6.5 lots is 100 feet. The minimum depth required is not meet by lots 3 or 4 given the Ordinary High Water Mark of 915.3. Access for the duplex lots is proposed via a private one-way street off of Co.Rd. 4. Poor sight lines exist to the north over the railroad bridge. Hennepin County Highway Oepartment Staff is recommending that any access to this property be a minimum of 670 feet south of the northern most property line . This would result in the access point occurring near the southern property line of Lot 5 adjacent to the existing single family home . (see figure 3, page 4). The County Highway Department is requesting that an additional 10 feet of right-of-way be dedicated if this plat is approved. The additional footage would be used either for road upgrading or bikeway improvements. • The staff would suggest the proponent reevaluate the feasibility of developing 5 duplex lots because they would not all meet the required tot depth , large amounts of fill would be necessary, insufficient space exists to serve the lots with a 30 foot private street and still maintain the required lot depth before the lake elevation of915.3is encountered. ;r • i , . Staff Report-Duck Lake Vista -4- May 8, 1979 . ( Shoreland Management Ordinance Duck Lake is classified as a Recreational Development Waters. Minimum width at Ordinary High Water Mark and at building line are to be 90 feet. Minimum lot size with public water and sewer is to be 20,000 sq.ft. on the shoreline. This pond is not part of Duck Lake proper and is not of sufficient size to be classified shoreland. . Figure 3 ..�9 w,• za. ���JJJ/// � f . fig ,.,_„,- \\_....:.,;,.--;-:...„ .. • •.. . ,•.= -•:, -)..4.> ....:y f,:‘ ..r.` .... .. I .• ‘/\/-Q2) • < . '......_,-,'%!') Li 11 °tl . 1. '4441".. 4 --... Ill. .77 „,...,, ,,,• —..\---. . ...4, , ' .. ... . „it,. •,.--•\‘ 0) .4' --, -1111w. if 'I 4., ...•,,,, .-47 ,., a, 4,. *,.,, ..,__.., sr riHk- \. .:rt.,r. ...,,„,,,i;,.. zz,...1-,„.,.•f,20 .7v,,,,,,,a,q . : .. • :: • __,.,,,,,---- .!:-..,_::::24.;0,00,1111 . "'" al •• ... 8 _ _........,./..," ">--,40 -...-, .." '''''' .,4 a. . .�. 4 ©""'" it i 4 1 t Staff Report-Duck Lake Vista -5- May 8, 1979 TRANSPORTATION The proposed access for the duplex lots is reviewed on page 3 of this report. The proposed access for the single family is located across Co.Rd. 4 from North Hillcrest Court. North Hillcrest Court is a 60' right-of-way residential street; and likewise North Hillside Court West is depicted as a 60 ' right-of-way residential street. in order to achieve a 60 foot right-of-way and to align with North Hillcrest Court east of Co.Rd. 4, the proponent is assuming 20 feet acquisition from the school for a distance of 390 feet. The proponent should pursue aligning the centerlines of the 2 roads either by acquiring land from the school district or realigning North Hillcrest Court. As previously mentioned on page 3 , since the School Board has no desire to utilize any access this plat depicts, North Hillside Court West is a cul-de-sac in excess of the 500 foot limit by 800 feet. The cul-de-sac length is the result of the property being landlocked with only 1 access point possible. FINDINGS AND CONCLUSIONS RM 6.5 Zoning Request The Planning Staff feels the area depicted as 5 duplex lots does not lend itself to such development without considerable variances needed for minimum lot width, minimum lot depth, minimum lot size, fill within a lake to produce building pads, poor sight lines for access to Co.Rd. 4 R1-13.5 Zoning Request The Planning Staff feels the single family zoning request is consistent with the City Comprehensive Guide Plan, but modifications should be made to the plat in order to achieve the following: * 1. All lot lines should be removed from public waters using the9153elevation. 2. All lot sizes should be recalculated and the minimum lot size of 13,500 square feet adhered to along with minimum lot width and depth. 3. The plat should be reviewed by the Watershed District and an acceptable outlet elevation & location determined. 4. An additional 10 feet of right-of-way be provided along Co.Rd. 4. leg) "7" • '•-•;'••-•' •• •••:'• 7• • ,,• • ' ' -• . ,- _ _ •‘,._ • , ',; ;,‘ ."• . ,.-• •, Staff Report-Duck Lake Vista -6- May 8, 1979 FINDINGS AND CONCLUSIONS, continued g1-13.5 5. All drainage and storm water plans shall be reviewed and •approved by the City Engineering Department. • • • • RECOMMENDATIONS • f"-•.-;" The Planning Staff would recommend the zoning request from Rural for 5 duplex lots be modified to no more than 2 lots baled upon this ttaff report • nd the zoning and platting re.queit for the The Planning Staff would rerommA r redesign .• Single family lots be returned to the proponent f o according ••• to the items listed in Findings and Conclusions. • , . *Delete no. 1, as per Planning Commission meeting of 6/11/79. • • • • , riSlt • ••=1. il .►. Riley- Purgatory Creek Watershed District 41 s BBSC COUNTY ROAD p i.-r EDEN PRAIRIE,MINNESOTA Sb3•i r At w May 3, 1979 Mr. Chris Eager `' �� City of Eden Prairie 8950 Eden Prairie Road *den Prairie, Minnesota 55344 Res Duck Lake Vista Dear Mr. Eager: The engineering advisors to the Board of Managers of the Riley Pur at Creek Watershed District has reviewed the preliminary plans as submitted to the District for the Duck Lake Vista Development in Eden Prairie. The following policies and criteria of the Watershed District are applicable to this project. 1. The District notes that grading operations are placed adjacent to • the southeast portion of Duck Lake, which has been separated from the main lake by the railroad. This body of water has been classi- 111 fied as public waters by the Minnesota Department of Natural Resources and a natural ordinary highwater elevation must be established by the MD11R. Should development encroach below the natural ordinary highwater elevation, a Chapter 105 Work in Public Waters Permit will be required. In areas where development remains above the natural ordinary highwater elevation, a Riley-Purgatory Creek Watershed District grading and land alteration permit must be accompanied by an erosion control plan showing how sediment will be prevented from leaving the development site both during and after construction. 2. A detailed storm sewer plan must be submitted to the District for review and approval. • 3. This separated portion of Duck Lake is a landlocked basin, therefore, the District will require that until an outlet is installed in this basin, that basement floors for homes constructed adjacent to this basin be set a minimum of 2 feet above the natural overflow elevation. Thank you for the opportunity to comment on this development. If you have any comments, please contact us at 920-0645. cs�r , RGO/111 , (r r �''1,',,, . . Rob rt'C. Obermeyer cc: Mr. Conrad Fiakness BARR EN(:iNF.ERINO CO. Mr. Frederick Richards Engineers for the District Mr. Kent Lokkesmoe Mr. Frank Cardarelle • •ir ITIPA, (PKERCESSOC.) / REAL ESTATE CONSULTANTS April 23, 1979 . f Chris Enger City Planner. 8950 County Road 4 Eden Prairie, Minnesota 55344 Dear Chris: ' re: Duck Lake Vista This letter will answer those questions that have not been • addressed in the other materials we have supplied your office. Our development plan for this parcel is to provide approxi- mately 30 single family home sites and 5 double home sites. These .1::::: . lots would be made available to both Builders and to the individual . IIhome buyer. The present use of the land is for farming and is zoned Rural. We are asking that this zoning be changed to R-13 for the 30 single family home sites and RM-6.5 for five lots along Eden Prairie Road. The parcel boarders on three sides two existing homes owned by Grant Sutliff, 7070 Eden Prairie Road, and Mrs. William Kocourek, 7080 Eden Prairie Road. The overall desity then would be less than 2 units per acre. The Guide PIan suggests this area . to be single family homes. The development plan would be to rough grade the streets after Preliminary Approval is received and then Petition the City to make the improvements this fall. This would all be dependent upon what the market place is doing also: • We are planning no restrictions as to the size or type of dwelling that may or may not be built. The Builders or individuals will have a free hand to build what they want only limited to and • abiding by the existing building codes. Lots numbered 6 through 27, Block I, and Lots 1 through 8, Block 2, would be single family homes and Lots 1 through 5 along Eden Prairie Road would be double homes. It The demand for residential lots in Eden Prairie having no restrictions and that are available to the open market is very next page please.... s1 '.::.,'.1; ran t:Wmu:rtrvul I).nr Felon Pride.Mitwasota 55344!Mire 941405 ....... • • /�! w I r / Chris Enger April 23, 5979 F City Planner - �1 • ggyp men Prairie Road • . Eden Prairie, 1�Ynnesota 55344 4 high. The initial response to our pre • liminary offering has been very high. We feel that the proposed Plat will enhance the surrounding area and be a refreshing addition to Eden pta31#a. , Sincerely, . Pain &ASSGCTA'T'EB reeYtent Pierce,• ,74 051 • • DEPARTMENT OF TRANSPORTATION '" 320 Washington Av. South o: ° Hopkins, Minnesota 55343 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 - "Duck Lake Vista" CSAH 4 SW quadrant CMStP&P RR Section 5, Township 116, Range 22 Hennepin County Plat No 729 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 11 . and found it acceptable with consideration of these conditions: - The developer dedicate an additional 10 ft of right of way making the right of way 50 ft from the center of CSAH 4. - To meet sight distance requirements, the developer should construct the pro- • posed access road for Lots 1, 2, 3, 4, and 5 as a two-way street with one opening onto CSAH 4 approximately 670 ft South of the NE plat corner. Any new access onto a County road requires an approved Hennepin County entrance permit. See our Traffic Division for entrance permit forms. - 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. 9ncerely st:/47 James M Wold, PE Chief, Planning and Programming JMW/LDW:bg HENNEPIN COUNTY cc: Cardarelle & Associates, Inc. on equal opportunity employee Tim Pierce & Associates ''''::-..7':'' '''''.': '''":' .1‘2'''::;:7"...';';'.''''''''''''':''''''•':''''':'::''::::;::':':':'''''''':'*':':;':7-'''''::"':''':':4:''"':.'"'':':: ::''::'t:.'.::'::::''''L''''''...i'••::' :''..i'2..:;::':'''-::''':"...':':''''''''''2"-:::•-•':''''''"'f:;:.'•'•''':::''''''2:':','::::';''::'..4,";A•:".,..;-:..'4;::&.;',:t.:;:'''.'''.;; ..."7...7.....:..;.-....,'"..7,:.±......,:::;;'..;.:•.;.;:...7;,:,; .:.....:,..7.2 :,..7.,.:,,•:-.',.:,.:,.. . -.' 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' ' ' '::: ''''''''''''-'''''''''''•.7.'''::'•"'::::::'::::;::°•';'.•••••••:.'''''''''::.:.::'- ':•''''''':'''::•:.i•:::':1:.;:::'..'2”•:''''..:.:.•7 ..::"'":':'.',''''''''''.4i.;:...;;;;:7,,,-......".....7::,:::.'.. ..4".......:2.!:..'-',.:',7,..;:-...t..-..,..f.r....17.,..-'' ' ' " : :::::::L" • ,'."...,',7i.'''.:':::-;':'"' '''.'"''.:..\',:;' 7:.,''..,.:'.'.:',''''':;'%i:'-'::''''''":'"'..:.•...;.::',".•'..;',... ..'":::"...t' 74'•.?*!..":'.7';':......T. .7...:':'.'.......1...'...'..,:t..;....4.:.:::.:.:,:...::.: .;,.. • ''' :...':•::..,'':'..;........,';'...','i:.',L.'',"....7:'"...1.7..:,..",';':".....-,:i'..''*!,.....,t'.:.....'7...,...,',.,,,,.:::z.,"...."..'..',.....7,...:,:',..'...:::::.:......,: ;:.',. .......-.....,::,....-,,,,,„,.....,,.....,:.,:,............,,„..,i........:7,...... ,:.;;,,:,...,,,:::,.....,:..i..... :......., ''• '•."•''':....":'.7.,',-'.'.i''.:'°'''.•'•',•:'•:::":"'";;;.','.•-•:•":„.:•;i1•••••,,.,""..,"7';:°•:::•",-;'•;•..•:;',;:.;:.:•.:...",• J''.°•,"';;::::.f.,:::.7:''''.:,':4:::.';•••.;;;•••:°."1.••••,:;:',•.'!':•••••:..F.:"...,•,-."..,,,i.,';',.,,,.,"„;,...,i',.. .,:..,-...,..;;;;;.::...::::..,:i:',..,,,..:::".. .-,:,,,,,,,..,,,,;.....,,.... . • ' • •''''''''''';' ''•''.."••••"••',"•','":'.......:::,,':.•'.7.'-•••'.7-':....".7'....•[;.'',....',........:•,:'.7'.:::•:...•-1':-..-::.,:,: ::.....'-',.:':.7.....!..'.:.'.;•,..f,',:Z.,::::.,.....,.,."...2....',..."....[..;:..........,....,,.......,....,:,......,,.,......„.....i.,....,..,,,,,,..vr.;.,,. • .. - ... ...::'.. . ,. ,.. . ,. .. ..... . , ..: • .,',:: ' • CITY OF EDEN PRAIRIE ..;':..... • ' HENNEPIN COUNTY, MINNESOTA .;.:.';•.•';' C. . . . . RESOLUTION NO.79-124 .:.... ... ......?;.., . • 1::!.:•• RESOLUTION APPROVING THE PRELIMINARY,PLAT • , ....';',.I,',', . : • OF •DUCK LAKE VISTA . .....,...:•:.;. , .: . -......"..•H' . . ,.. . ...,, ...,..: BE IT RESOLVED by the Eden Prairie City Council as f011Ows: • - .. ..:. ...........,,,,.„ .. -2...'y',....',',..,.. • :..:,..!•:.... ' i.."...;"'...',..'", •• '..;,.'.... . That the preliminary plat of Duck Lake. Vista , „ ..„ . .. ...,,....„. .. . :.......,..: . . :;•:':-.7.-:•.H.' -":'''•''''''7""'''''''''.if d ..June 5, 1979 , a copy of which is fttOthed hereto and,amended .', .......F:.:?•.: . •'..:::::T:J-'...:,."-7.-.. . •• ... ,...:: :.. . ..'''•'''''..,;.' . ,-:-.:?,'•:•.••,,....•:•ars follows: • .... .,. . • "::'......7"....: .•• .'"•';•",A":::::::`:••••'.• . .. . .....- " " " • .•-- • '• •":'-•••,..•,,:••:•"::.:1:•' '•?'4:''.;'"••• ....- •••:. '••.7•!":...'°.,•:;:•••:,: , • "°.."•.°'••°'"°''i -'';".•''.."•'•'7":":"..T.'.:'•'. ° . , . . ,,. . •• '. 'i7rf„."2"'":""•':.• '..."°;':''::',",...'••:•-". • . .-- ., • -.......,-.. ' •T•'..,:4•...', . .,••;"•.•-' 1 • ••.-f•••'=';',:.'. . ••" '. • : . - .. . ..."........"„ . ''''''''' 'III: Is found to be in conformance with the provisions of the Eden •Prialri a ,, . .....,..........:, ::,.....;„,.F.,•,:::'..... '''''''''-`• ' •:• • Zoning and Platting ordinances and amendments thereto and it herein • ... .. :, ..,,, , :. .......... : „.,. '..';.i':r.,j..., •'•''...-' . . ._ .,.... • . , '.:7. ,.;.,i,...:7,•, approved. .. ....:.. „ .7.:,.....7:".. . - - . . . ADOPTED by the Eden Prairie City Council on the: do)*o......,,,,..... 19_. ' ' 7..-...... , • - .., „ • ,,. • . ,., , .... ... ..,....,:, Nolfgang H. Ppn,0-..„Mayor .. : . . .,... ''.;.1'• • . John.D. Frane, City Clerk • SEAL . • „ . '....„ ..........1.,:• . • - .. ..','.,; .. . .. : . , . . . . . . . . • . . .., . . . . . . • . • t . . . .,.. , .,.. . „ .,,. .. . .. . „...• - • - • ... .... • . .. . . • . . _ •. ... ,... ,...., . ....,,,.....„. . ' '-.. ---.-' ••-'..'-'''.."'''"•*,;'.":,';'....:,';',1'''...1•'....1..iAT-./..-zii',1---,.,-.....4.P.,-..---i. , • TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: June 29, 1979 • SUBJECT: Alpine Estates 2nd The engineering staff recommends approval of the preliminary plat of Alpine Estates 2nd Addition, dated June 13, 1979, subject to the followings 1. Dedicate 60' wide street R/W for Alpine Trail to east of Block 1. 2. Extend paving on Alpine Trail as shown on said preliminary plat. Said extension to be 16' wide with 64 aggregate base and " 2331 bituminous surfacing. 3. Owners of Block 1, Block 2 and Outlot A shall mutually agree to • provide all street maintenance including snow plowing an Alpine Trail east of approximately 75' east of the centerline of Alpine Way!. 4. The owner shall provide City sewer and seater service to•B1ks 1 and 2 as shown on said preliminary plat. Any lateral special assessments due shall be offset by the owners cost to provide the necessary lateral water extensions plus sewer and water services. There shall be a minimum of 6' of cover an the sewer services and 8' on the watermain. 5. Front yard setbacks of 41' minimum shall apply per 3/7/79 Planning Staff report and the cash park fee shall be paid at time of 'build- • ing permit issuance. CJJ:kh Attachment I • • • • • • C • • EDEN PRAIRIE PLANNING COMMISSION MINUTES • •.approved • MONDAY, MARCH 12, 1979 7:30 PM, CITY HALL- • COMMISSION MEMBERS PRESENT: • - • • William Bearman, George Bentley, Virginia Gartner, Matthew Levitt, Oke Martinson, Liz Retterath, Hakon Torjesen COMMISSION MEMBERS ABSENT: None • • STAFF PRESENT: Chris Enger, Director of Planning; Jean Johnson, Assistant Planner; Donna Stanley, Planning Secretary • • 'approved • Planning Commission Minutes - 3 - March 12, 1979 C. Alpine Estates 2nd Addition, request to preliminary plat 2 lots zoned R1-22. Located at the end of Alpine Trail. A public hearing. Applicant, Timothy Gagner Mr. Timothy Gagner, proponent, expressed agreement with the staff re- port reconmendations on the road regarding sewer and water. He explained that there is existing black top from where the road stops at the lot, and the neighbors on each side have sodded up to this road. He explained • 'that he would like to avoid putting in the road, and that the neighbors would like to keep their sod. Torjesen questioned the existing width of Alpine Trail. Ganer responded his drive is 12' the street is 28' and that the Engineering Department is proposing a 28' street and a cul-de-sac. Torjesen noted that according to the ,letter submitted, more development • is proposed. Gagner explained that he was planning to develop further in a year. The Planner pointed out that according to Engineering Department, there will probably be no other lots serviceable by sewer, and that any further development would require a lift station, which is costly to both proponent and to the City. He explained further that the CitY will need road right-of-way as part of the plat. t1 f I • • • • C • approved Planning Commission Minutes - 3 - March 12, 1979 Levitt questioned the turn-around recommended by the Engineering Department. The Planner responded the recommendation was for City maintenance purposes. Gagner asked whether a temporary cul-de-sac would have to be blacktopped and • gutter put in. The Planner responded that rolled asphalt could be used, which would eliminate the expense of concrete. Mr. Gerald Prodeohl, 6951 Alpine Trail, City employee in the Maintenance Department, explained that a dead end road is easier to plow than a cul- • de-sac. Mr. Dwight 5. Harvey, 16190 Alpine Way, pointing-out his lot to the south ' of the proposal, inquired whether much fill will be required on lot 2, and also questioned the drainage. The Planner explained that considerable fill may be required an the east side, and that the further east the house is built, the more fill would be necessary. He explained further that with the steep down grade to the east, positive drainage flow should not be a problem. Harvey questioned whether the front yard setback is taken from the street. The Planner responded that the setback measurement would be taken from the road'right-of-way. Martinson suggested putting in the road at this time, as it will not be • any less expensive later on, referring to Gagner's plans to develop further. He inquired how far in the future was the sewer planned for. Gagner expressed concern that the road would have to be torn up in order to put in the sewer and water. The Planner, stated that since sewer would be extended to the end of the road.that the road would not have to be torn-up for sewer. There was further discussion on the need for the turn around. Mr. Harvey inquired which existing lots were granted variances for lot death. in hchPhadnbeeno platted uless t rthan the ious srequi�redt180he e foot i Estatesng Alpine plat plat whit Mr. Harvey's lot 5. . MOT close Puliearing on the 2i dlAddition. Rettterathosecondedi,emotioncearn ed unanimouslyfne Estates II MOTION 12: Bentley moved to reconmend approval of the preliminary plat dated February 15, 1979 to the City Council, based upon staff report March 7, 1979 and Engineering Memo of March 8, 1979 with the following modifications: The cul-de-sac not be built, and the road be widened to a full 28' with 50' ROW and dead-ended. Martinson seconded, motion tarried unanimously. ' ' ' : ''' ''' ' '::. • .' '' ''• '-., ,•.; -:‘,-,':,,-;:.,-;.:71-.:•:,:."-,,::-.,-:.,,,,',..-...z;.;',...-:.,,,,.., ,7;;;;-,:.,..,,,,,,,,-,.,......,... -:-. ' ''''' ' '7'':'‘..:1---•-',7,1f?-•'-';,-:-'-'"'''''''''''''''':-:'':'.1".':;:.::::::''''''' '' "'":''''. ‘:' -7'.'',..-2.;' .'''';'-',:-''., ',:,,,''''''.'''21-':.tit''.....,T.i.:-',"--"-7..7.-.:•'•••..--..•-:-...:,,,',.....,••.-:-.,",-,;....•,....•:;:,.:..1:•,',...-.••,,, '" - ' ' . ''''''''' -''''. '''''- "'-' '-':' -:''''''-'-'-''''•7":;77-..''''''':::'1-7.''-' : -:::::•-•••.".•-- ,•.•••'...:',,,•',. 3••-..,:••••F-••'.•....,..,,••••..,•,.,,,-.,....,,„•., .,.-_-;--,„•,,,,,,,,,: .:,..,,,,,i..;:.,...:,..;:,,,,,..., ,,.:,„,,,,,..,.: ' ' ' .-:: . ''''' ''''''''--':'''.•''''': '''''••:-'';''''::••'"?''''',•,::::'••• :-'-'1',4-.;.','•-:-7--•:'',7f2-••••-•••'.7..'*••••••••7.••,:z::.,•-5--..- *,',"' .."-:'•••‘......' „••'..'...:,'• "''7',. . ;',. ; '''',' .;',..;;;.,:i ..:,- '''''''. ',•:-7''''.'"-.,-;::',':"'":"...',' -7 - -,,-1,i,. ',"'• .' .,,1 '-:: ...--., - • .- '.•'';',- 7' -" ',,,i,2„,-, • - .-. . . .. . ,.. .,..., .. .., ,.. ,... , , , ' ' ' - •- ' .. . . ,, _. , , . - . . . ...„ . , . . ... , . , ( e . March 8,1979 , . ENGINEERING COMMENTS ' • - ..,- •••••• - : C ON ••,ii•7:•,, • _ ALPINE ESTATES 2ND ADDITION •,;••••;.. • •',2•••,::•• ,••;',.,•:-.. • •,..-i........I. Lots are not served by existing sewei. d water. Main line ',.':•:- extension of 200 feet would be necessary. -t..,... •.'-',.' .. . . •••:'••••• II. The lowest floor elevation for a home on Block 2. wouldhave to be approximately 906.5 to be served with sanitary sewer. • ..-•.. , 7-• ..._ 1:-•:.,.... ...-, . . III. If the roadway will not be built to City specifications ',!'•:'''': or dedicated to the City, responsibility for maintenance must be by the property owners, .:•••.,••.•••:••• , .‘.., ":4 '-''''''; '- • IV. Grading of the extension of Alpine Trail has altered the •7.:•,•.• _ grading as shown on the Preliminary Plat. _ . ;•'1,',... ' V. The Developer should be required to commit to a completion .._.:' II/ date for upgrading and dedicating the roadway. _...-.. . •..:.,'''''.:1-'' ,--. -., •-... ;-...- •-i:•'•.:" ..,.......•••:,• . • 2:•..; ...._ •-, ........, .7.••••'• ...- DO:JJ •'-... ••.,-.•••••F-,2 :,.....: .-.••••• . ,. ..,:-....••• '''•,- • • ,•••-,.....%. .-- ,-..--, 41 .„ ifi6.:0, ..„, ,A Ilr STAFF REPORT TO: Planning Commission FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Planning Director DATE: March 7, 1979 PROJECT: Alpine Estates 2nd Addition , APPLICANT: Timothy Gagner _ . I REQUEST: Preliminary plat approval for 1 lot with an i existing home and 2 lots for.2 additional homes, . the property is zoned R1-22 BACKGROUND The property is depicted as low density single family in the•1968 Comprehensive Guide Plan and the Guide Plan Update. Zoning , The entire site was zoned R1-22 as Alpine Estates at time of • Zoning Ordinance 135 adoption in 1969. At that time only the first phase of Alpine Estates was platted with the remainder left in an outlot of 8.5 acres. _ LOCATION MAP _• � ^� ,� � air � ���� o. ,1--illir RI-22 .e4kHei,V ' ./ 7 la 1111 ii.„ JB • -tilt J.sr _R 2 , Y .; ' i RI-I ram` • ���' CO ��`�'„ y 0 ii1 � i I S ..0...L.di_ Ira __ ��. • .:. Whit Zfe► ; .:_ : � PUB ! !- ` 1+ ` �aatog : la\- S1,1%sv O -IA et .. ' ' f ../•l}/1k -." �•1?= ( t Staff Report-Alpine Estates 2nd Add. -2- March 7. 1979 EXISTING SITE CHARACTER • ,' Lot 1,Block 1 . • Slopes from the north to the south with a 13% grade. The lowest floor elevation for a home would have to be approximately 910 in order to be serviced with sanitary sewer. Lot 1,Block 2 Slopes from the southwest•to the northeast with a 32% grade. The lowest floor elevation fora home on this lot will have to be approximately 906.5 and the Engineering Department believes'it may be difficult to � . achieve . A large amount of fill will be needed even for a walkout . The soils in this area are Hayden, and costs for installing utilities, grading and leveling for home sites and streets can be high. ORDINANCE REQUIREMENTS , Ord 135, Sec. 2 I . R1-22 District Al - Minimum lot size 22,000 square feet The two lots proposed in Alpine minimum depth 180 feet Estates 2nd Addition are in minimum width 100 excess of 22,000 square feet. Setbacks: I front 30 feet sides 15:30 feet rear 25 feet Subd. 2.2 Special Requirements c. Where 40% or more of a block is developed, the required setback shall be equal to the average existing setback. Block 1, setbacks: Block 3 , setbacks: lot 1 35 feet lot 1 50 feet lot 2/3 30 feet lot 2 50 feet lot 3/4 40 feet lot 3 50 feet lot 5 35 feet Therefore, the frontyard setback for any new homes would have to be a minimum of 41 feet from the public street. The two proposed lots have the required lot width , but do not meet the required lot depth of 180 feet due to constraints existing in the plat of 4C Alpine Estates, i.e., railroad and lots 5 and 6 of Block 2. Lots 4 and 5, Block I, Alpine Estates are platted with a depth of 160 feet so the two proposed lots will not be incompatible with existing and/or adjacent lots in the Alpine Estates plat. Staff Report-Alpine Estates 2nd -3- March 7, 1979 • ACCESS Presently the hard surface of Alpine Trail terminates approximately 35 feet west of the proposed two new lots. The hard surface is 28 feet wide with a right-of-way of 60 feet and a rolled asphalt curb.(see fig. 1) Alpine Trail will have to be extended and improved from its present termination 100-125 feet in order to serve the two proposed lots. The Engineering Department suggests that the section be improved with curb and gutter and a temporary turn around. The turn around will necessitate 10 foot easements from both lots in order to construct the 75 foot minimum diameter.required for temporary turn arounds. CASH PARK FEE • At time of building permit application , the payment of $275/ lot will be collected. FIGURE 1 'L✓ �'' '" • _. . t %/ ? residence ‘...(4 , .r„.i. ;-. :. , ,. . rCC : ..7.i.::::"::," • ' ' I -:..: / r •t• .,•• ,V\ ! . • :Y 'rs1fl T A 1 4. .• . -1:1.,:4.1: ir. . 2.,% City• • • . ' — -2 . ill, ",c_Sr -cw,I•led . r.;•..2: .,---Or .\,/ *,..•-,- '•41 e\E:1: H rr7 _ . „.s• 4 t • •:• rt,•. " . r. ,__,,, • /86 s n i r Staff Report-Alpine Estates 2nd -4- March 7, 1979 SUMMARY The platting request occurs upon R1-22 zoned land served by mnniicipal sewer and water, meets the minimum lot size requirement ,.but would require variance from minimum depth similar to other lots in the first subdivision of Alpine Estates. , RECOMMENDATIONS ''''''''Ili ,Planning Staff would recommend approval of the preliminary plat dated Feb; : 15, 1979 contingent upon the following: , .., .,. . .., ...:::::. - L, Front yard setbacks of 41 ft.or greater be adhered to. °1r Owner shall improve Alpine Trail according to City Eng1 eenng Department's recommendations prior to the iisettance.of build ng permits. ` _ :,. . The two lots shall be subject to payment of$ S/lot cash fee collectable at time of building permit issuance. d. Residential single family units on both lot$ must connect to ." municipal sewer and water. " ;. Watershed District review and approval of land alteration must.`be received by City prier to issuance of building permits. , *. .dition of following modification: Cul-de-sac not to be built, but-that _ the road be widened to a full 28' and dead ended. (As per Plan. :Goat, meeting, of 3/12/79) ';'R • • d r ,, hir Riley- Purgatory Creek Watershed District - o 895ti COUNTY ROAD at ..+.r CDEN PRAIRIE.MINNESOTA 553 ' 4 f % April 3, 1979 Mr. Timothy A. Gagner 6850"Alpine Trail Eden Prairie, Minnesota 15344 Re: Alpine Estates 2nd Addition Dear Mr. Gagner: The Board of Managers of the Riley-Purgatory.Creek.Watershed Diatriet has reviewed the grading and land alteration permit application dated March 19, 19/9 as submitted to the District for the above referenced.pryeat,. Nana approve of the grading and land alteration:permit application for this project subject to the following conditions: 1. The District will require that all erosion control mrAw'rogy -es shown on the plans, be installed prior to the ttommenaament of land I alteration and remain in place until the altered areas on the site have been restored. 2. The District will require that all altered areas be restored with seed and mulch and/or sod or be hard surfaced within 30 days from. the completion of land alteration or no later:than September 14 1979. 3. The District requests to be notified 48 hours prior to the commencement of land alteration. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely, C. Dbermey ENGINEERING . Engineers for the District Approved by the Board of Managers RCO/ill RILEY— RGATORX CREEE WATERSHED DISTRICT cc: Mr. Conrad Fiskness .+E� 1�re+aSA+n Mr. Frederick Richards ' Mr. Qlris Eager Dater Mr. Carl Jullie 67 #w ., ,. • , , _ ;,.., ,. „ „ .. '-'7-.7-:',.;"-"!.--::'•-",..:;•';--:.-.•'-::::2•''''---'"---',Y-;:.--:',..-7,...,`,.'•-' ,'...---,--",..:-..--7.--- .-'-' :: •.-, ..-' -.'-f-•'' S'..-'------,.•:.".....,-,';',,,,..-..,,, ,,":::'1,..--;;:-..-,,,:,,'-;„'I'..`;', 7-..- -;.':';i:'..,t:',',,r..,,:::;:,...,7,.;," ''..'":. ". '- • :''''''::-..'"'-',- :"..:'.'22':-',...,,,,-,..1'77,1',.„:„7,:,,,,,,,..,,..r.7.,,,.-,,...,..,_,.... 7.,,,,...1„,,,.,,,,„,„;,,,,,,,,, ,,,,..,,,:y ,,,_::::„,,,,,,,, ,,,,. .,,..,;,,,,,,,:,...i.,,,.../,‘;,,,,,../:,2... ,,7f,,,,,.....,,,,,,,,,,,,,. • i -' ''''''‘, . ':":-..' .,711,::...s.::-'-';''::''';'1'-',..::-•';;;::',.:1;,:',-.....;';';';;...7:::'''..''t"'„-,...',.?..7::;,::::'''''.. 1,f;.•,,"::%,,i:"2:,,,,,,,;;;;;'''7,:;‘,'';'..;'..7,:.sli,li:.:'"...,1-,,,,.,,: .,i;,,,,s'''''':',17.:'..--t--_,....'..,.:".ft:',7‘..,5;,,,,:.:i.,,;;,::::4::::..1:7',:f.:..,;,..,.,;,..:;:f?',..:7-.. ..i.,..:: .' ''''- ' .:'.....:"-'........"'".-:,":..',...,.':..-:'..,'...-7,":.....'.:.,."...'sj':',..,''''''-', .?:''..-'.--,.4.,:,.;';-:,,:,.-.",,..:,-..",,...'- ,-1::'-..,.''•,:::„::':.::,.::...,:7,,,,',,,,:z.,,,,,;:•;.7.:,..:;;;;,•"'7,,':::,,;;;:y..... , ..' ' ...... . k ,...-,... •,,,..; • CITY OF EDEN PRAIRIE ,.. , •• ' HENNEPIN COUNTY, MINNESOTA RESOLUTION NO, 79-83 . _ •.....,,. -..., ';:',..•; . RESOLUTION APPROVING THE PRELIMINARY PLAT • OF -ALPINE ESTATES 2ND ADDITION „..• 4'---: BE IT RESOLVED by the Eden Prairie City Council as follows: :. That the preliminary plat of Alpine Estates Ind Additiea dated Feb. 15, 1979 , a copy of which is attached hereto end amended-. , ,,• . ':'-',-'1, .'.,..'.;.:I••• as follows: ..:. ;:..t. , , -,s•-).-.,' : . . . -_,.. . _ .: :-.',. ,..,,,::',17.',-,I,"' ' •-. : • . - :-- '1...i.:71., -,"...'‘,'":, . • ,, , ,.. . . -,..'•,',,,- ..y:'- ';' A ',"..'..,:.:. 8 ... . .- .. Is found to be in conformance with the provisions of the Eden -Prairie . ,• .i,. : Zoning and Platting ordinances and amendments thereto and is barrio 't•':-:'; ':''''. approved. • . . day of ADOPTED by the Eden Prairie City Council on the .• -.-:-., . . -.-.. , ,.;;.: .. . linifgang R. Prenzol, P(aler • .,:.,-- •. John.D. Frane, City Clerk • - , • , . • IC. .., . . _. .. •. . _if,1 ," . -,',..• '-•-:..--.-•,...-..7:-'.;.,'• ,..:7.jf-,,,. 1,4, keVI .. - .::'.:.,.._,.,,'„-,:,...:::','„-..fi"-:-.r.:.,: :::...,-..?:7,,. :•-•'::',,:.;-...7-_5 f,'-.'4.,:t ",-.•".. ;•',...,--..----..,..'-f---:.-.....,-.'?-:•-•-•- •';.',".;T:ti-'..,,,'".!-- '.--7.:''''.- ".", ,..,„_•,;,,,,,,,, .;:,,',,,;.',A,',-,„„:,L....",e, q.,:' , .. ,, ,, • „ ... • „ • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 79-15 C Establishing a Code of Ethics for Public Officials of the City of Eden Prairie The City Council of the City of Eden Prairie ordains as follows: Section 1. Title. This ordinance shall be known as the: i "Code of Ethics for Public Officials of the City of Eden Prairie" or "Code of Ethics." Section 2. Policy Subdivision 1. General Declaration of. Policy. it is f 4 imperative that all persons acting in the public service not only maintain the highest possible standards of ethical conduct in their transaction of public business but that such standards be clearly defined and known to the public as well as to the persons acting in public service. The proper operation of democratic government requires that public officials be independent, impartial and responsible • to the people; that governmental decisions and policies be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its govern- ment. In recognition of these goals there is hereby estab- lished a Code of Ethics for those public officials. The • f8 IC purpose of this Code is to establish ethical standards of conduct for such officials by directing public dis- closure by such officials of their interest in property in the City of Eden Prairie. Section 3. Scope of Persons Covered. The provisions of this Code of Ethics shall be applicable to all public officials which shall include members of the Council, ' advisory commissions, committees, boards, and staff department heads of the City. Section 4. Public Disclosure by Public Officials. Subdivision 1. Within 30 days after the effective date of this Code of Ethics each public official shall file, as a public record, in the office of the City Clerk, a signed statement disclosing any interests or rights therein possessed by such person in real property (except such person's homestead) located within the City of Eden Prairie ("disclosure statement"). Subdivision 2. Each person who files as a candidate for election as Mayor or a member of the Council of the City of Eden Prairie shall file, at the time of filing as candidate for any such office, a disclosure statement. Subdivision 3. Within 30 days after a person shall become a member of an advisory commission, committee, board, or staff department head of the City, such person shall file a disclosure statement. Subdivision 4. Material changes in such property interests shall be disclosed by filing an amended statement within 30' days after such change has occurred. 91! tE Subdivision 5. This Code of Ethics shall not be construed to require the filing of any information relating to any person's affiliation with, or interest in, any professional society, charitable, religious, social, fraternal, educational, recreational, public service, civic, governmental, political, or similar organization. Section 5. Penalty. Any violation of this ordinance shall constitute a misdemeanor, punishable by imprisonment for not more than ninety (90) days, or a fine of not more than $Sad.O0, or both. Section 6. Effective Date. The effective date of this Code of Ethics shall be FIRST READ at a regular meeting of the City Council of the IM City of Eden Prairie on the day of 1979, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,1979. Wolfgang H. Penzel, Mayor SEAL ATTEST: John D. Frane, City Clerk I Published in the Eden Prairie News on the day of 1979. ,a CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • Ir ORDINANCE NO. 79-20 AN ORDINANCE RELATING TO REGULATION SWIMMING POOLS ORDINANCE THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. DEFINITIONS: For purposes of this ordinance an outdoor swimming pool is defined as• any structure, basin, chamber or tank containing an artifical body of water for swimming, diving or recreational bathing, used in connection with a single family dwelling, and having a depth of more than 24 inches at any point and a surface area exceeding 150 square feet. Section 2. FENCING REQUIRED AROUND OUTDOOR SWIMMING POOLS: Subdivision 1. All outdoor swimming pools existing and hereafter constructed shall be completely enclosed by a security fence or wall at least 4, but not more than 6, feet high, and located at least 4 feet from the edge of the pool. The bottom of the fence or wall shall be no higher than 4 inches above the surface of the ground. Fence openings or points of entry to the pool area shall be equipped with self-closing and self-latching lockable gates. Subdivision 2. The enclosure for outdoor swimming pools may utilize a wall or walls of a house or building as a part thereof, provided the wall or walls are at least 6 feet high and the enclosure is completed by a fence or wall conforming to the provisions of Subdivision 1 hereof. Subdivision 3. All persons owning or operating en out.. /973 : 11: ""'• -"" • • • . ' , • - • • • irdoor swimming pool shall comply with this ordinance within ninety (90) days from the date of publication. Section 3. EXCEPTIONS: This ordinance does not apply to; (I) above-ground outdoor swimming pools having at least four foot high, vertical or outward inclined sidewalls, provided sole access is by means of a removeable ladder, ramp, or stairs which must be • temoved when the pool is not in use; (2) swimming pools which are 'wholly enclosed within a building or structure. .- Section 4. PENALTY: Any violation of this ordinance shall stitute a misdemeanor, punishable by imprisonment for not than ninety (90) days, or a fine of not more than $S00.0 ,0 or both. EY, • PIRST READ at a regular meeting of the City Cfmne.11 of the 1'4 City of Eden Prairie on the day of 1079 and finally , read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,1979. toff4 Pence SEAL• ATT Jçn D. ane, City clerk Published in the Eden Prairie News on the day of 11979* • Page No e TO: MAYOR AND COUNCIL FROM: JOHN FRANE DATE: JUKE 28, 1979 • .. RE: Resolution #79-128 authorizing the sale of property to MTS Systems When the City authorized I.R. Bonds for MTS in 1974 a part of the legal .process was for the City to acquire title to the parcel of property when the new building would be built. This parcel is larger than-r' uired,tp ntCeommodate the 1974 addition. Nis desires to further expand their i'ax city in Eden Prairie on the evrptc land they have and are asking the City to release this land to them as provided far in 1974. 'en �g7 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-128 RESOLUTION RELATING TO THE AUTHORIZATION OF A CONVEYANCE OF CERTAIN PROPERTY TO MTS SYSTEMS CORPORATION, PURSUANT TO LEASE WITH MTS SYSTEMS CORPORATION DATED JULY 1, 1974 AND THE AUTHORI- ZATION OF AN AMENDMENT TO SAID LEASE AND PARTY WALL AGREEMENT WHEREAS, under the Industrial Revenue Bond financing of 1974 between the City of Eden Prairie (the "City") and MTS Systems Corporation ("MTS"), certain property of MTS was deeded to the City and leased back to MTS under Lease dated July 1, 1974,. and WHEREAS, this property covered the property upon which the addition to the building was constructed as well as additional property, and WHEREAS, this same leased property is also encumbered by the Mortgage and Indenture of Trust between the City of Eden Prairie and First Trust Company of St. Paul, Trustee, dated July 1, 1974, and WHEREAS, both of these documents contemplate the sale of unimproved land to MTS for use in the business of MTS (Lease Section 8.03; Mortgage and Indenture, Section 6-3.), and WHEREAS, MTS intends to construct an addition to the existing building on the land presently deeded to the City and leased to MTS, and WHEREAS, pursuant to Section 10.01 of the Lease, MTS has requested that the City sell the property leased to MTS vm er 4 the aforesaid Lease, except that portion upon which the addition /9110 to the building financed by the 1974 Industrial Revenue Bond financing was constructed, for the purchase price of $500 per acre as called for in the Lease, and WHEREAS, MTS has given its assurance that no building, structure or permanently installed Leased Equipment has been placed on the property to be conveyed since the date of the Lease (July 1, 1974), and .. . . . .. . .. __ . WHEREAS, the Certification by MTS required by the Lease and Indenture has been received by the City, THEREFORE, it is hereby resolved by the City of Eden Prairie acting through its City Council, as follows: 1. That the Mayor and City Manager of the City of Eden Prairie are hereby authorized and empowered to execute on behalf of the City a deed to MTS Systems Corporation to the property described in Exhibit A attached to this resolution, except that portion upon which the improvements financed by the 1974 Industrial Revenue Bond Financing are constructed, upon the payment by MTS Systems Corporation of the proper release price to the Trustee, First Trust Company of Saint Paul, upon execution of the release of the same property from the Mortgage and Indenture of Trust by the Trustee, and upon the additional condition that MTS immediately thereafter grant a new easement to the City for parking and for ingress and egress to the remaining property owned by the City. 2. That the Mayor and City Manager of the City of Eden Prairie are hereby authorized and empowered to act on behalf of I 2 /8 I • the City to perform any and all acts necessary and incident to the transfer to MTS of the aforesaid property including but not limited to execution of an Amendment to the Lease and execution of an additional Party Wall Agreement. • Adopted this day of July, 1979. • • • • I. • 3 • EXHIBIT "A" • All that part of the North one-half of the Northwest Quarter of Section 15, Township 116 North, Range 22 West lying East of the West 75 • rods of said Northwest Quarter of said Section. 15 and South of the Southerly right-of-way line of State Trunk Highway No. 5 described as follows: The. South 320 feet of the North 752.8 feet as 1` -measured along the West line thereof and drawn at right angles to said West line, of the West 85.38 feet. AND All that part of the Northwest 1/4 of Section 15, Township 116 North, Range 22 West 1y11.ng be- tween the East line of the Westerly 75 rods of �;.`� said Section 15 and a line 600 feet west.: f and parallel to said East line of`said West. 75 rods and South of the .Southerly right=c1p« line of State Trunk Highway No. 5 and Northerly of the following described line: Commencing at a point on the East line of said West 75 reds- -. lying 871.65 feet South of the Southerly right- of-way line of said Trunk Highway No 5, thence South 67°24131° West to said line.lyingGan feet West of and parallel to said East line Of the West 75 rods of said Section 15, except that part thereof lying Northerly of the fel� ;. lowing described line: Commencing at a poin on the East line of said West 75 rods lying 432.88 feet South of the Southerly right-of-way of said Trunk Highway No. 5, thence at right angles st- erly 285 feet, thence at right angles Southerly • 340 feet, thence at right angles Westerly 315 feet to said line lying 600 feet West of and parallel to said East line of the West 75 rods of said Section 15. • • • / iA - - . :• • • • 1 • ,", • • , . . . *7,. ••• „. TO: ROGER E. OLSTAD City Manager • PROM: ROGER L. PAULY City Attv.ney DATE: June 28, 1979 RE: DEVELOPERS AGREEMENT HARTPORD REAL ESTATE WINERY ••• I have the following cormamitg and esartrat4Osts Omen. • •- ing the above referenced Dervelepers AgreeMeEtt ;, 1. Paragraph 5 which deal*With aninitoring of the •.,• • dii- ohszof storm water into Anderson,...„Lakint litho* not•contain r:••-•• a definite obligation to maintain'Oa Water nality of Paleereon Late"and: eiteardly: to the estagora'that the eldida"" tlon to act under the preerildom: agree beeves.-the obligation of an owner other than EarefOrd t WAY not be •.•;••••••••• enforceable by the city. i have auggeatedi fa) Changes in the language to insure that the matters contained in the Paragraph are obligatory:,.(h That Hartford assume • ...• the obligations or,in the AltelnatiVetagreee that in • • selytng any of the property Hartford will requixit the owner to assume the obligations insulting,te the Catfl' • and, fo) If the obligations are not performed by the ".•,: owner the City may do so and tudiesi:the Oasts thereof • H.:, ••;' against the property as in the Cue of other local le- .1., provementa. • 2. Because the form of agreement prOposWI by Hartford provides for the transfer fro*Hartford 0f certain 0117 .• • gations to subsequent owners of the property if sold NY • Hartford, r have proposed a provision whereby Bartforil: or any subsequent seller, would canditien any see of the property upon the written assempt4An by any buyer running to the City of these obligations. dis:Ofordaf: form of agreement does not 498tain this prnpofo". reason for this proposal is that I am rn,".021104 thLt • the City may have difficulty in enforcing laMinar=s •'arrnti*#8"14:7,7 against subsequent owners since they are not',Ref the agreement. al • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 79-12 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 135 is amended as follows: • (a) The 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 Office District. (b) The property, as set forth in Exhibit B attached hereto and made a part hereof, 1 shall be and hereby is removed from the Rural District and shall be included hereafter in the Commercial Regional Service District. The above described property shall be subject to those amend- melits .to PUD 70-3 and PUD 73-08 set forth in the Developers Agree- ment referred to in Section 2. hereof. 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 HARTFORD REAL ESTATE COMPANY, a Delaware corporation, • and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the Districts in which it shall be included hereafter. Section 3. This ordinance shall become effective from and after its passage and publication. • lii4 . FIRST READ at a regular meeting of the City Council of the ,19? , City of Eden Prairie on the day of . finally read and adopted and ordered published at a regular meet* ,ng of the City Council of said City on the __ _,_,day of „�,,,_* 1979. olfgang vetszel, Mayor . in P Frane, City Clerk • • published in the Eder► Prairie Demme on day' of -.._:r 1979. • • • • .. Fn DESCRIPTION FOR OFFICE DISTRICT-HARTFORD That part of Tract H. Registered Land Survey No. , files of Registrar of Titles, 'County of Hennepin, Stated Minnesota, lying southeasterly and easterly of the following described line and its northerly extension: ]] Commencing at the most westerly southwest corner of said Tract N. also being the southeast corner of • Tract I, said Registered Land Survey No. ; thence South 89 degrees 38 minutes 39 seconds E ast, assumed basis for bearings, 442.00 feet along the south line of said Tract H to the point of beginning of the herein described line; thence North 00 degrees 21 minutes 21 seconds East, 113.56 feet; thence • northeasterly, 852.99 feet along a curve concave to the northwest and not tangent with the last described line, said curve has a radius of 1,636.00 feet. central angle 29 degrees 52 minutes 24 seconds, and the chord of said curve bears North 45 degrees 37 minutes 02 seconds East; thence North 30 degrees 40 minutes 50 seconds East, 410.43 feet; thence north- easterly and northerly 410.05 feet along a tangential curve, concave to the northwest, radius 1,636.00 feet. central angle 14 degrees 21 minutes 39 seconds; thence North 08 degrees 27 minutes 59 seconds East, 533.63 feet to the north line of said Tract H and there terminating. DESCRIPTION FOR COMMERCIAL REGIONAL SERVICE-HARTFORD That part of Tract H, Registered Land Survey No. , files of Registrar of Titles, County of Hennepin, State of Minnesota, lying northwesterly and westerly of the following described line and its northerly extension: Beginning at the most westerly•southwest corner of said Tract H, also being the southeast corner of Tract I, said Registered Land Survey No. thence South 89 degrees 38 minutes 39 seconds East, assumed basis for bearings. 442.00 feet along the south line of said Tract H; thence North 00 degrees 21 minutes 21 seconds East, 113.56 feet; thence northeasterly. 852.99 feet along a curve concave to the northwest and not tangent with the last described line, said curve has a radius of 1,636.00 feet, central angle 29 degrees 52 minutes 24 seconds, and the chord of said curve bears North 45 degrees 37 minutes 02 seconds East; thence North 30 degrees 40 minutes 50 seconds East. 410.43 feet; thence north- easterly and northerly 410.05 feet along a tangential curve, concave to the northwest, radius 1,636.00 feet. central angle 14 degrees 21 minutes 39 seconds; thence North 08 degrees 27 minutes 59 seconds East, 533.63 • feet to the north line of said Tract H and there terminating. EXHIBIT A $l‘.. • • • DEVELOPER'S AGREEMENT g THIS AGREEMENT, made and entered into as of July ^, 1979, by and between HARTFORD REAL ESTATE COMPANY, a Delaware corporation (hereinafter referred to as "Bartford"), and the CITY OP EDEN PRAIRIE, a municipal corporation (hereinafter referred to as "City"), WITNESSETHe WHEREAS, Hartford has applied to-City to re-zone from Rural District to Office District and Commercial Regional Service District, the property consisting of approximately . 112 acres more fully described in Exhibit A {hereinafter referred to as the "property"), and • WHEREAS, Hartford desires to develop the property for office and regional commercial uses, NOW THEREPORE, in consideration of the City's adoption 11 of Ordinance 79-12, in the form attached hereto as EExhhiblt B. it is covenanted and agreed as follows: 1. All Planned Unit Developments pertaining to the property, including POD 70-3, as amended, and Major Center Area PUD 73-08, as amended, are hereby amended with respect to the property, but not other lands encompassed in said Planned Unit Developments, by striking all of the terms thereof and substituting in their place and stead all of the terms and provisions hereof as well as the provisions of Ordinance 79-12. 2. Hartford may plat and cause the property to be developed only in conformance with the Development Proposal ("Development Proposal") prepared by Hartford, dated March 26, 1979, which was reviewed and approved by the City Council on May 15, 1979, a copy of which is attached hereto as Exhibit C, subject to such changes and modifications as provided herein, or hereafter approved by the City. Any conveyance of any Lot shall be made subject to the terms of this Agreement, and the instrument of conveyance shall so • provide. 3. Hartford shall not grade or cause to occur any construction upon Lots 1 and 14,as depicted in the Develop- • meat Proposal, page 25, except storm sewer, sanitary easier, landscape barrier, and a detention pond for surface runoff, to which construction the city hereby consents.. Restoration • of any part of the area disturbed shall be done by Hartford and shall follow construction. 4. The owner of any lot abutting Schooner Boulevard or the south side of Spine Road shall construct the •S (a) Within the right of way and easterly of the driving surface of Schooner Boulevard, there shall he Con- structed a pathway 8 feet wide and 4 inches think of deep strength asphalt with ground sterilant placed according to Community Services Department recoaanendatiefns, with let down curb and gutter, commencing at the soitheaRterly corn,.r of the intersection of Rnhnnner Boulevard with Preserve Boulevard and ext'PT[ting northeasterly to Hest 78th Street as depicted in red on page 25 of the Development Proposal. Sections of the pathway adjacent to Lots 9 through 13 shall be constructed concurrent with building Construction on each such Lott sections adjacent to Lots 1 and 14 shall be constructed concurrent with building construction on Lot 9. - 2 - / 5 • tb) There shall be constructed within the right- of-way and south of the driving surface of Spine Road from its intersection with Schooner Boulevard to its eastern terminous, a concrete sidewalk with let down curb and gutter 5 feet wide and 5 inches thick, as depicted in red on page 25 of the Development Proposal. Sections of the sidewalk adjacent to Lots 6, 8, and 10 shall be constructed concurrent r: with building construction on each such Lot. 5. The owners of Lots 1 through. B shall monitor the . quality of the discharge from the storm water detention pond shown in the Development Proposal through testingTessary to determine the concentrations of sodium, chloride, potassium., phosphorous, nitrogen, suspended solids and phenols, which testing shall occur once between April 15 and May 15 and once between August 15 and September 15 of each year. The results of these tests shall be submitted to the City"s SStaff for review. , If the concentration of the cham4r►1a and solids identified above is due to sources within the control of the owners of said Lots and has a material detrimental effect on the water quality of Anderson Lakes, the owners of said Lots shall undertake to improve the quality of the discharge, taking such action as may be twrhnlrilly feasible and economically reasonable; provided, however, that the quality of the discharge for which the said owners are responsible need not meet a standard higher than the quality of the average of all discharges to the Lakes. The owners of said Lots shall be responsible for all cleaning and maintenance of the pond. 6. Hartford agrees to pay one-third of the costa of a future water quality study or analysis of Anderson LakeS deemed necessary by the City and the Nine Mile Creek Watershed District, but not more than $7,500.00. _ 3 _ itYG . . .1 • • • 7. Prior to the issuance of a building permit for Cconstruction of a building on Lot 2, Hartford shall submit to the City's staff for review and approval (a) a landscape plan for an effective natural barrier along the westerly line of Lot 1: (b) a specific landscape plan for Lot 2, including the portion of the natural barrier referred to in (a) above, adjacent to Lot 2; to a specific landscape plan for the detention pond area; and (d) a specific landscape plan for the earth berms located along a portion of the southerly line of Lot'b, which partially screen improvements on Lot 2. The plans referred to above shall be used as a guide for the landscaping of all Lots other than Lot 2. The portion of the landscaping and earth berms applicable to each respective Lot will be completed in stages, as illustrated by the color groupings in Exhihit B. 8. Parking lot lighting on the property shall not be Ili lir higher than 25 feet from the ground Surface to the bottom of the luminar and shall be equipped with cut off 7nm4nwrs to restrict lighting. 9. Buildings or parking lots Shall not be constructed within 50 feet of the right-of-way of Schooner Boulevard. 10. As to those Lots abutting Schooner Boulevard, traffic improvements on the easterly side of Schooner Boulevard, including turning lanes and acceleration lanes, shall be constructed by and at the cost of the owners of such Lots, as deemed necessary by the City Engineer, provided, that any costs for traffic lights shall be paid for only as part of a normal assessment practice, and provided, further, that no part of the costs of any such improvements shall be levied against Lots 1 and 14. 11. Variances running with the property are granted as follows: (a) a variance from Ordinance 135 (parking) is - 4 - granted, reducing the minimum number of parking spaces Cprovided on the property to 4 spaces for each 1,000 square feet of gross floor area to be constructed, provided that the owner of any lot shall reserve sufficient space to provide for 5 parking spaces for each 1,000 square feet of gross floor area, if and when such additional space is deemed necessary by the City; (b) a variance from ordinance 135 (maximum height, maximum floor area ratio, setbacks) is granted, permitting construction of buildings to the height of 75 feet measured from the lowest point above grade to the highest physical point of the building, excluding appurtenances not to exceed 12 feet; (c) a variance from Ordinance 125 • (setbacks) is granted to eliminate rear yard setbacks as to buildings constructed on lots adjacent to Lots 1 and 141 add (d) for purposes of calculating the amount of impervious surfaces covering that part of the property that would be IIIsubject to the Shoreland Management Act ("Shoreland'"), if applicable, Lots 1 and 14, regardless of their so,3ng or ownership, and all the land lying within 1,000 feet of the high water mark of Anderson Lakes shall be included as part of the property, and to the extent that the area of imper- • vious surfaces within the Shoreland erased 30% of the total • area, a variance is granted from any more restrictive • limitation. 12. The owner of any lot shall submit development plans consistent with this Agreement, for review by the City's planning staff at least 30 days prior to building permit application. 13. If requested by the City 'n,,nri1 within seven years of the date of this Agreement, a 50-foot easement for a . public road connecting Center Way with Loop Road or Spine ^ 5 l Road, shall be granted, at a location to be determined by • Hartford. 14. All sanitary sewer, water main and storm sewer facilities, streets, curb, gutter and sidewalks to be dedi- cated to the City, including those to be constructed as described in paragraphs 4 and 10 hereof, ("improvements") shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engineer for approval. Except as otherwise provided herein, the owner of any Lot for Which such improvements are made, shall make such improvements concurrently with construction of any building on the Lot, and shall provide for competent inspection during the construction of such. improvements.. Record prints showing service and valve ties shall be delivered to the City Engineer within 60 days of comp(at4 c n thereof. Prior to final plat approval (or issuance of building permits, • if no final plat is required), Hartford shall: (a) Submit a performance bond or letter of credit which guarantees completion of all improvements. The amount of the bond or letter of credit shall be 125 percent of the estimated construction cost of said improvements. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be reasonably required by the City Engineer. Hartford's registered engineer shall make and submit to the City Engineer a written estimate of said costs. Said bond or letter of credit shall specify that said improvements shall be completed in stages such that each respective Lot shall be properly served with improvements at the time of occupancy. All said improve- ments shall be completed not later than ten years from the date of this Agreement and that said improvements shall be C • • • • fully guaranteed against any defects in materials or workman- ship for a period of one year following said completion and acceptance by the City. Acceptance by the City of those improvements that have been completed shall be subject to reavmmrendations of the City Engineer and to receipt by the City of Hartford's warranty, guarantying such imptiwvements against any defect or defects therein for a period of one year, together with a bond or letter of credit in the amount of 25 percent of the costs for such improvements in such form as shall be acceptable to and containing such further terms as may reasonably be required by the City Engineer. The amount of the bond or letter of credit shall be reduced by an amount equal to 1255 of the cost of the improvements completed and accepted. (b) Pay to the City the fees due for first year lighting of completed public streets, engineering review, and street name signs. 15. Hartford shall file with the Registrar of Titles this Agreement or such evidence of the Agreement as may be acceptable to the Registrar of Titles, which shall include • the substance of paragraphs 2, 5, 8, 9, 13, and 16, and shall supply to the City a copy of the document filed, with information as to document number and date and time of filing, duly certified thereon, within 60 days from the date of this Agreement. 16. In the event Hartford fails to rnnma;na construc- tion in accordance with the terms of this Agreement within 24 months of the date hereof, it shall not oppose rezoning of the property to a Rural District. Upon commencement of any construction on the property within 24 months, the City shall supply Hartford with recordable evidnn'. that this provision is fulfilled and is of no further effect. .. . . • -• . .„ ,„. • .. • " ' . . . • . ,• • 17. The terms and covenants of this Agreement shall • ;'J• run with the property. All rights end obligations provided for in this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of Hartford. 18. Hartford represents and warrants that it has a Purchase Agreement giving it the right to acquire fee title ; to the property and Lots 1 and 14, free and clear of mortgagees liens and other encumbrances, except (a) special assessments and taxes, if any; (b) 30-foot easement in favor of the City of Eden Prairie, for sanitary sewer pu,pubes which easement . . is recorded in Book 73 of Hennepin County Records, Pages 4010118, 4010119, 4010120 and 4044161; (o) easement in favor ' of Northwestern Bell Telephone Company, an Iowa Corporation., to construct, operate, inspect, maintain, repair, alter, add to or remove rnmmssication systems consisting of buried telephone cables and appurtenances, which easement was .11 recorded in the office of the Hennepin County Recorder, as • Document No. 4451540; (d) scenic easement in favor of the City of Eden Prairie as described in instrument recorded • February 9, 1979, in the office of the Hennepin County Recorder as Document No. 4451541; (e) 15-foot walkway ease- ment in favor of the city of Eden Prairie wh4,-h easement was • recorded February 6, 1979, as Document No. 4450339 in the Office of the Hennepin County Recorder; (f) sanitary sewer and watermaln easement in favor of the City of Eden Prairie, which easement was recorded February 6, 1979 as Document No. 4450333 in the Office of the Hennepin County Recorder, and • corrected by document recorded February 13, 1979,as Document NO. 4452244; (g) SO-foot sanitary sewer and watermain easement in favor of the City of Eden Prairie, wh4rh easement was recorded February 6, 1979, as Document No. 4450334 in the " : . ,,.,,.. ------...2„,:::r:,.,,:7-,:,:.,,t,,:-.,-•...,-,L;:::,,,-7 ' .-',..:1---, --.; '-''''',L" %. . ''''':','"''' ::: .:- '--;-"' ''' ''''''' - '''' ' ' ' ' ''''''' ' . , :. .; :,.......:::-.:-..„,:"-:',"--. :",, ' '-';'-'2,..7:!.aZ.--L,:f.,,.--",!'..-,;.,,,:7,....:',', ...:,,,:::':-'-';=::-..7:-:-::-.- -",;,7;`,,,:--:::=- • ..?..':::1:-,;:.'..":- s'r;C".•_7:-.-- ' ,-, , -, .,•,',...s.,;...,,,, ,..,...,,'..,,.„..,,:'..:„.;.:1.:,:-:,...",....1,,,;:..t:,...:7;--",:::•?,:''''.."-:•..-:':,.,.',.7':".'''.'''''...:',,:,:,''''.'':":"...-:-..:;:-''''''.^':':-:":'-='-`:: .s.- '' '..; ,„';',.:-:, ''''.:,i'..,i',.,;;':'-`r,.:..,i.^.7'.^L'z".Z.77"..7,,--"7-,--''•:.:.'..:7":';'-',:-";-,-,,.-.."..,..---'--.,:7':..,?:;'-',7',..',.,.":-' :::;':.:7'..,-;;-...7.-7..'7:-.»""'...2',4-:*:i!':".;:' ' --"-,'`,--,,,:--,2-..- -..;:;":',;,',".4.,•-=,:--'2Tt-'i,-.:-.'1•4".:.,",--.;.:',;:::', ,,-'--'.;''Y---,T.:•.,7:'::..-4,..::-..-:::ff'.',.:Z-",...C7'.7;::::±;'''L'''-'77.':::::'"(3';'L' . '- -' ' :'-4."'.'; '4.--;".'''.'',-S:'il--.•.- ''':-.:',',-',„,.;•.. ':''.''- '''''':,:',"--5.'“..,,,, '::. -:,,I,J7"/.'."-2-.-.•-----:;,-;--,-.''z',",,,,•,:-Z-'-`.'":''-',.;:"::':C.:''''..---' - • - " - - ' " ' ' " - '— :,. ....tr' AP :'.. .1 Office of the Hennepin document recorded Fehrua7rn::,Rel°9;:d11:: D41347ocumene1444 tli ..)... easement in favor of the City of 7-• (h) 20-foot sanitary sewer 4 Ho' 44'243; Eden Prairie, which easement was recorded ',.' .. .. ..‘, as Document No. 4450335 in the Tairruery 6, 1079, f--- ..,„. ,,... ' Offits of the Hennepin ...- 1:;:i'.." ' •. Recorder/ and 14 '"3 public County •••,.-,1•• ...; Schooner Boulevard in favortoefrett::4C.:7t:11::11:den1:1"1 ::.kfi:7 .,. , :•:•,.. '- t,. . . . Levu ad February Si 1070, in the which easementr • 7,-, of the Bemiepin County Recorder as office DS CUMent NO. 44S0340, 124 WITNESS WIISSS°W. the Pattie* to this caused these presents --- "ttlantent have to be exet. tea day, year ' ". ::•::". ' aforesaid. " as of the arid 37:"314 "Al.173 , 1,141 mayinnpar anto - -... .., carPomation af • l'4 mUniciRel '1 .••....-...- '''' , <'.--,'-'• - : . • kook 1,; biattad; re, tiiiiiiiiit -.....,.... -. r- - ..„ „ ow MINNESOTA ) ... COUNTY OF HENtanang 1 The foregoing instrument was . .. —2—razilzirRogied lie,If a Ito fe I 1 municipalgi t i il codlerp:!a9trit'iltanacjerbony,54allgon iaZaf S. *1:17neib:4_7'racizof___144"*Tre futiv,740:: the ....; ..--, liMilrittairi2 ., HARTFORD Inca, corporation BralaliCeiMPANY of the State cf.' a ---- ' C * EY ' Its , A . , , - = . ..- ;.- ......• ' " ' . • -,- ' , ',',- -" ; "--,-.7';',•7 -1`.-.:-:1'..Y.'" ,:-:,7-:•::::...-",',,.,'--"x„,-1..-......-:. 4 • • • STATB OF ozlaviARE ) ) ss: COUNTY OF • The foregoing instrument was acknowledged before me this • - day of , 1979, by die of Hartford Real Estate Company, a corporation of the State of Delaware, on behalf of the corporation. NOTARY PUSLUC • • . • • • 10 • )s' Neill Woods (The Preserve) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 79-16 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of ,1979, between THE PRESERVE, a co-partnership consisting of Carter & Gertz, Inc., a Minnesota corporation and Minnesota Gas Company, a Delaware corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1-13.5 District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,1979, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,1979. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk Published in the Eden Prairie News on the day of ,1979. /111 • • • { • NEILL WOODS ADDITION, Legal Description That part of Tract A, R.L.S. No. 1041, Government Lot 3, and • Government Lot 1, Section 23, T 116, Range 22, described as follows; Beginning at the NE corner of Tract A of R.L.S. 10411 thence S 1 04' 34" W bearing assumed, along the E line of said . ' Tract A, a distance of 150"; thence W a distance of 165 ' thence S 1 04' 34" W a distance of l60'; tbence.S 18 3g' S8" E a distance of 765.01' ; thence N 65 38' 135" E a 4iStance of tlt.S$' ; thence N 23 48' 56" E a distance of 792.48' ; thence northerly to the NE corner of Government Lot 3; theme westerly , along the north line of said Government Lot 3 to the point of beginning. EXHIBIT A • Ft • Neill Woods Addition • • • • • Ir DEVELOPER'S AGREEMENT • THIS AGREEMENT, made and entered into as of ,1979 by and between THE PRESERVE,a co-partnership consisting of Carter & Gertz, Incorporated, a Minnesota corporation and The Minnesota Gas Company, a it '• Delaware corporation, hereinafter referred to as "Owner" and 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 R1-13.5 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 plat and develop the property into 26lats S • for single family residences. NOW THEREFORE, in consideration of the Mayor and City Council of the City adopting Ordinance 79-16, Owner convenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated March 1, 1979, reviewed and - approved by the City Council on June 5, 1979, and attached hereto as Exhibit B, subject to such changes and modifications asp vor�ded 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. • • :',... •;.,'''':.:......,'-.''',7-.'.-',;;:::::: :::•-•':',,:.'..,..71 :...t.'.,:-...,..t. i7:,...,-,,:,..'7,:.:,..-;;;:„, ,:, ;::,.:...,'.,:,;:..,:.,'.,,,,:'':.;.;.:..:.,-:' ,.......,'...':.:::'...:..,,,'::,,:...i... ,.,...,.*-2. .....i„,:!.;',1::-.:, ..;;J:r. ...-.5,..',:,'77,.."".Z.,',•"..:77'. :;;; :...f :::•:::?''.::.' ".:ii.:it,.'':'-'. L .' ' ':r....7..;...•:...'.........T"-..H:-•'.:•": .^:', ".....t.:;,i7..'H',.T:',;.J1:.T. :...;...:4'.',.:?... :-.6.':Z'IY:ia#af..?;; ,-...::::',=.. ..;'..,:f.a.-3''',,. ..4 .::;',:..7...;:7:47.-. .:-.:7;.:5..,T5'.:;:t.2....i.,..,.... ..,:ti..4t,..-:::,c, ..t:`,,:,,„4„i::,.,,.:, , ... ''''' .-......-:'''''''.'':'...Ll'-'7';h7.'4477. ..-...Q.. .1 .;; ;;:.',.-fi..:;:.: .';'-7:,. ..-.,,,,,,,,,,.;.,..-r..,..::.,,,,...,,•.•:.,7,,,,,,i,,,,,,,,,,,,,,,..,..,-. ..„....,?,,.4-,7,,,,,!. .. .,,s,..„-.7.,:,,,,, . I . ,-",. --,,,,,..,..,,.......,.......„. •.,..........„,.,,.,..„. .,,,,,,„.,,,.. , ., ,,,... ,,.,_,....,,,, , .,..,...,,,,,., ,.., .. . ,..,...,,,...]...,,:, .,,,*...,....,:: . i. • Developer's Agreement,-Neill Woods Addition page 2 \ . .. . .,,,.. :.; ..:;i41,:. • • • • ...., • ::;..,.."'::::..,.. ., .,„..•....,,, 3. Owner shall not be entitled to or issued any occupancy• for any building upon the property until Pleserve ou ev • ,,-,• (from the property to Anderson Lakes :PartweAandffrOM..the . _.. Hui,: .,„,...,,. .... „, .:,,,...: ,,,,,,, • ,.., , property to Homeward Hills Road), and until Homeward ::. -• '''''''''-'• • ' •-• s Road is extended to Anderson Lakes Parkway are constructed ''''''':7:'''' ' ''•••'• •' ••• and in place according to City Engineerfs specifications. • , • ,• ,•,.....,,, • .:., ,,.:,,.. , .... . . . ....,.. . - -- , ..„..-,_.... :: .,:••••,-,, '•'-'•••••':••••••:'-': • ..,..,;...4,•,,,i.:',"• f•• , • .....,::'• • .., ..,......: ..•......,,.• :,,,,• '''•'''''''' •••• 7.7::"•• •••:',':•"••:7-;'7, 4. Owner shall construct trails Consittent;With.,Xiating Preserve• : •,.,,,,.,a :.'-' '• ''' ' ' ' ' •''r''''''':'"'::''': pathway standards in the following 104etittTte7 ., • . .: , , ,: • • - .. ., •''.'i•:'-''..:', '''''„ . .: •,,..„,...,:-„T„ . A. A:'. A pathway from a point east of the•ItUjiiiIdily . .„ ..:s. ' ,::• ,•:,,,,,,,,,:... ''''''''''''''''' :'•"'-'''' '''',:',-: -.:::,',"1,, corner of Block I, tett* extending sput......they,„..!q , ..,...... ..Hi,,s,,,...,....: .......,...: :. : . :...,,,...,.., .,„,......:_.....,, ,, a point southerly of thialwthern••: Matt•paint of elect! Lots, as depicted on kalbtt:, : . • . •' • - .' ' • , :•1 -...,::::•.„,„:,; .. - .. _ .„..„..,._.... ,, _,...,................ B. A pathway within Outlot A from its:OS*00V 1. '•'''";•11: ..:' -':.;',':'.F':', 1• :''':::::::,..• to its easterly line and extended, to Intersect the . ., ..., , ... ..:.,. „.:. ,,,,...•;,....:.,..,J...g.,.. ...:::-....„.,.. ... :.,',.....,,,, . .T, .,.. pathway described in 4A hereof, as depicted in It i t' Exhibit .B. . ..., : . • - - .., .. . . ...... . . •,."'''',',...-7••• .: •,,,1••••, ,••,......,••,. . , . , .. ., . - • . . „:, . ,.. . • •,,, ::.-• .1';',...,-••!,'•:,, .:••••.:1•,;:',;.,,,,J;',...•1.',.•••',•• 5. Owner shall remove in 1919 all•diseased trees polo-the property i- • . . _„ : :. , -• '7,-,Y,7,-.',,•••':• which will be marked in 1379 by-City Tree TOSpeOtere. according' '• • : : ,... ..,:.. •.:: „:„•.....: -.:•,....,....:.,•• .•: , ..•:,, • to the Coninunity Services Departmeart re. mono ndations. . , . :, ,•,:: , • - •:::,..,, • •,•3.1•:•7,:•: : ':•• , : . :.. .:, „ ,.. .,., - : : :. •••;,...i ., ••••..., .. •••••:,••:, : •..... ' .: . ..: .:. ,_._ .,„•,.,•. .. . . ...„. ••:5:,'' - • , . . _: .. : •••• , . ,.. .. • . . ,. : ,- - 1. ,.- •• ::.: - , . .• • .. .:,,, ,: . . ......„. . ..„ ii„ir . , . .. .,. ...... , .: , • . . . , .-..:. , ,,., • • ... ••••• . 4. .. .,. .. — . . . .............. , — - - • :• ....,.,.....,......•,. . i 'i 1 ••:""'" "'"'''"'"'''-';'":'"'""":'':"'"74''':'4-"'''":':'":'7':':":''''7t'''4?-''"""''":'"7-"""--"'"""s'::.!:'-'':;,i,i';ZA"i";i.i",':T.;"r•s..":'''kiii:Q;:ii;P:%iiiiL42 -41-i.'7.: , : :, • Developer's-Agreemeht-Neill Woods'Addition page 3 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) I COUNTY OF HENNEPIN)SS. The foregoing instrument was acknowledged before me this day of 1979 by Wolfgang Penzel, the Mayor and Roger Ulstad, the City Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. • Notary Public THE PRESERVE, a co-partnership consisting of Garter & Gertz, Inc., a Minnesota corporation, and The Minnesota Gas Company, a Delaware corporation. BY:g of STATE OF MINNESOTA .��'1/4 • of Ad:. E.401 t+cli SS. COUNTY.OF HENNEPIN The foregoing inst t was acknowledged be ore me thisay of 1979 by the ;62, of and a 1?%i / the I scr of` ''r (746. • on b o said Owner. dA O.LA PORT : . P TOMvN,veuc.MI SOETA ary `u c A HENNEPIN COUNTY '4 M,CommhNon Impales Nov.m•t993� 7 a Abe, - .., .c ♦ 'a l.• ' = •-. 7 • • - ^ . . i' • • • • • • • =••••i-• WEILL WOODS ADDITION, Legal Description •-• c.. That part of Tract A, R.L.S. No. 1041, Government Lot 3, and Government Lot 1, Section 23, T 116, Range 22, described as follows.. Beginning at the NE corner of Tract A of R.L.S. 1041; thetleo S 1 04' 34" W bearing assumed, along the line Of said Tract A, a distance of 160'; thence W a distance of 165 thence S 1 04' 34'. W a distance of 160', thence 5 18 35 584 E a distance of 766.01' ; thence N 66 38' 15" E a dist rAme 41 f 290.90' ; thence N 23 48' 66 E a distance of 792.48' ; northerly to the NE corner of Government Lat.3; thence westerly along the north line of said Government Lot 3 to • the point of beginning. • EXHIBIT A 41 /249 • , , • • ' . . II :' • ' a r 1 ns�� �. f ;r d .m' . • i. j • �� t i «s : 1. r4. .a i .i t VI '''. * ,,, ' .. 1 , i'l • . It. ,, :,...„._. ,.. . • ,.., ... . • , .....,,. • . • .,„ ,.,.., . . .. • . .. • . . 41110.. to „:,,, „,.. ... , . ...,... . , . .. .. • . • : ••1 . :=:::,... • .__ . . .,..... . • . . .. , . . .... . „:,. ,, . Exert • • DEVELOPER ' S AGREEMENT Exit'I-BTT G page 1 of 3 • T. 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 flier, preliminary, utility plans, pending area and flood plain high water levels fur TOO 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. • ET. Owner shall "Omit detailed construction and storm sewer plans to the Kde),- Par &1ory Watershed District for review and approval. • Owner shall follow all rules and recommendations of said • Watershed District. la. 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. • IL'1 • . Developer's Agmt Std. Form - .-- 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") to be dedicated to the City shall be designed in compliance with City standards bj 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 Dr letter of credit.which. . guarantees completion of all improvements to be dedicated to the City as determined by the City Engineer. The amount ofthe 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 furtfier 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 IL 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. 1Jf:YY4yy01 7 nymo ..ter, v.m ... .. _... ... .. .,•:r' •,::• N. - page 1of 4 Exhibit C e. 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 copy of this Agreement with information as to Document Number:and date and time of filing duly certified thereon within 60 days from the date of this Agreement, • 'Vi If Owner fails to proceed in accordance with this Agreement. - within 24 months of the date hereof and provide ,proof of filing in accordance with item VI. hereof, Owner for iteself, :..`. _ . 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. VII. Owner represents and warrants it owns fee title to the property • free and clear of mortgages, liens and other encumbrances, except: • I C MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Bob Lambert, Director of Community Services PROM: Stuart A. Fox, City Forester '" Dom: June 28, 1979 SUBJECT: Status of House at 8698 County Road 18 The Council has authorized the staff two (2) different times (November 1978 and April 1979) to adverise for the removal of the house at 8698 County Road 38. Several people and moving contractors (24 bid forms mailed) expressed Interest in the house but no bids were ever received. The staff contacted several of the firms to fin'.out why no bids were submitted. The primary reasons the house is undesirable are: 1. 2-story house (power and telephone lines would have to be cut - which is a costly expense for the mover.) • 111 2. House would have to be cut apart to move porch area. S. Small bedroom size. 4. Age of house (60O years). The final concern was the major reason that the house was considered "unmovable" by many people. If the house was moved anywhere in the Metro area it would have to be "brought up to code." This would include the following: 1. Changing the stairways (rise to run ratio is too steep.) 2. Electrical system would have to be re-wired. 3. New plumbing throughout. 4. Insulation of roof and attic areas. Basically, what all this means is that if the house were moved the person moving the house would make little or nothing by the tine it was suitable for occupancy. Since the house is in poor condition and the staff cannot lease the house, and in light of the fact that the staff has bid for removal of the house twice with no positive results, the staff recommends that the house be used for drill and demolition purposes by the Eden Prairie Fire Department. IL SF:md • • mstawirei • TO: Mayor and City Council Parks, Recreation and Natural Reavw...os ConMssion THRU: Roger K. Ulstad, City Manager • FRt1M: Bob Lambert, Diriector of Community Services P. +a" DATE: June 29, 1979 �•. suojECr: Metropolitan Airports co ssions'ltik ns Trail aaseeettt _ .i Staring Lake Park • Three years ago Eden prairie attempted to secure trails fcuepIng for • a trail around staring Lake, the grant request was not ranked high enough for any fending, . at this points staff feels that'we can develop a woodchip hiking trail with the use of cm Teem Work program and the Hennpin. County y JD Program using the eaccosisiu amount of tood'cbips that have been produced as a. 't or the •4iseaaed: trey prog The majority of this trail is withiinStaring 14110. Cvmmunitr rPamark. . However, two other governmental agencies also own frontage on Staring Lake. These two agencies are" a1 Airports rp*�t.sion and Hennepin County Vo Tech. Earlier this year staff wrote each of these agencies regnep ng then to consider the request for a trail ease ent across their proper y for the purpose of a public biking pra41. The Commission approved the request subject to the conditions i-stt ho letter dated June 14, 1979 and addressed to'Mr. James E. .enswn. 'Chase' • rnn,tttions are all necessary to assure the MAC that tr viii not interfere with.the operation of the airport* Staff recommends approval of these conditions. BL:md • • /goy- :.'',' ......-:,,'...",'.;.."-:'''..''''''S.•;,,,..:7•:.."''••'•':',',4•:,;:''l,;'...'"?,;;;;'1''''''',.';:::1;:77'i."...-;.:':.;::".":'..-:-,:;;.;..,.l',..,...1.;,..''..."..""j.i. ':::.:-..'''..-:..- 7.:".::,...•„.- .`.,...,:,:.:-".,','-....."',..,..'.','2.!'".---..:"....-.•;,:,..7.,":::::".!...7.,.......t.,•,,,-;,•:::,,.',„',..::"..,..;:-."....-s.,.:::,-.,....";..,:,-:-....,tt.,,..t.',..t.r,.......,,,y; .-,• . . 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I •:. • ' - •11. • I - . . . . . „, / . • .\\., ,:....' , .7. . . _.., i ' .\i / . .• • e ...„. 1 .• • • , •• • • • • • • N. . • - ; • . . . . ,., . • - I . . . -•,. ... . .,. •••••:•-••• . • t. .• . • .. - • • ' - .., . ,. . .. :. ,.. • ••• . , • i • ••.• • • . . - . I , . ........... •• ... ,i, • ••• It. ., . \ - • 1 A--- . . . •• . • • . , ,---„,-/... , •-- .. ----- • \ i , .- -• . . . ... . .. .. .. • .. . . . , . • • „ . • • , .. . : • "`•::-......, . .. ,.. .,. - - • . • •.• •,•„,.•.,•-.-.. . . . -- -.--•-, 1 '‘,. ' t'*I 1.1, 11)041 t.4 , . ,... ..,.,.. •. ..,, • • ,f ..... -,.,..- „.. .. .......... ....„. .„ . .. .. .,.„......f.... .... ... • ; • . paimati ohs * Olt Rat Y' METROPOLIT1`AN AIRPORTS COMMISSION P.O.BOX 1700 • TWIN CITY AIRPORT • MINNESOTA SS111 T OFFICE OF EXECUTIVE DIRECTOR • PHONE(612)7265770 June 14, 1979 • Mr. James E. Jensen Park Planner • City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: Hiking Trail Plying Cloud Airport Dear Mr. Jensen: • At its May 21, 1979 meeting, the Metropolitan Airports Commission considered the City of Eden Prairie's request to construct a • hiking trail across MAC property near the south shore of Staring Lake. (Exhibit enclosed). The Commission approved the request and authorized execution of the necessary documents. This letter will serve as a permit to the city to construct and maintain the hiking trail subject to the following conditions: 1. The MAC will retain the right to discontinue the hiking trail if it is determined a nuisance and interferes with the safe operation of the airport; or if the land is needed for airport expansion. 2. The MAC' will reserve unto itself, its successors and assigns, for the use and befefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of real property utilized for a hiking trail, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing, taking off from, or operating from the Airport. 3. The City expressly agrees for itself, its successors and assigns, to prevent any use of the herein described IL real property which would interfere with or be a hazard to the flight of aircraft over the property or to and from the Airport or interfere with air navigation and communication facilities presently or in the future serving the Airport. ii OFFICE LOCATION-$040 241h AVE.SO.-WEST TERMINAL ARIA-MINNEAPOLIS•SAINT PAUL INTERNATIONAL AIRPORT Mr. Jensen - 6/14/79 Page 2 1 4. The City expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth, and other objects on the herein described real property to a height that will not constitute en 47, obstruction as determined by the standards in Federal Avia- tion Regulation, Part 77. S. The City covenants and agrees that no person on the grounds of race, sex, color, or national origin shall be ex- cluded from using the hiking trails and that the City will --use the trail in compliance with alLother_ posed by or pursuant to Title 49, Code of FederalRegulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in. Federal-assisted programs of the Department of Transportation • Effectuation of Title VI of the Civil Rights Act of 19d4, and as said ,. . Regulations may be amended. In the event the City breaches these nondiscrimination covenants, the MAC shall have the right to terminate the use of the property for a hiking trail and shall have the right to repossess the property and the facilities thereon and hold the same as though permission for a hiking trail had never been granted to the City. 6. The use and occupancy of the premise* is without charge by MAC to the City and shall be at no cost to MAC. The City shall have full responsibility for improvement, maintenance and care of the trail and for policing, super- vision and control of activities thereon at all times. The City agrees to indemnify and save harmless MAC from any and all claims or causes of action arising or claimed to arise by reason of injury or death to person or damage to property incident to the use of the trail and/or arising out of :MAC's grant to the City of this permit or out of act or omission of person or persons incident to use and occupancy of the premises. Please acknowledge the receipt and acceptance of this permit by signing the enclosed copy in the space provided and returning it to this office. Accepted by the City of Eden Prairie By Date I • Verry�Atruuly yours, Raymond G..•Glumack 194 Executive Director • • C MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission T11RU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services TA' DATE: June 28, 1979 SUBJECT: Joint Independent School District 287 Lease.Agreement/Eden . . . Prairie Stables At the June S, 1979 meeting the City Council approved the City staff draft lease for the Eden Prairie Stables. The lease was then submitted to Vo- Tech for their review. A copy of that lease, as revised, is attached. The • changes they made are underlined. This memo will attempt to explain the rationale for the changes. Subd. II pg. 2. "Sufficient Community Interest" RATIONALE: The school did not want to be forced to have to offer these rnmmenity programs unless there was sufficent numbers registered to make the program at least break even. . • Subd. II pg. 2. "The Lessee shall have acccoss to the Equestrian trails located in Bryant Lake Park as designated by the Lessor an, shall be responsible • for providing notice of the park rules to those persons using the trails under • the supervision of the lessee." RATIONALE: The equestrian trails in the park are not located on the portion of the park covered under the lease agreement with Vo-Tech. The School District wanted to be assured access to these equestrian trails. • Subd. III pg. 3. "b. That all necessary approvals and consents of applicable governmental agencies and subdivisions authorizing the use of the premises by_ Lessee during the extended term shall have been obtained by Lessee and such use during the extended term shall not impair Lessor's ability or entitlement to receive funds from any source available to Lessor for additions to or • improvements in or of Bryant Lake Park of which the promises are a part." RATIONALE: The only change is this sentence from the original was the removal of the words "the Metropolitan Council." This is satisfactory in that the sentence already says the "necessary appovals and consents of applicable governmental agencies". Subd. IV, pg. 3. "Four hundred dollars ($400.00)" and "$14,400 in aggregate" RATIONALE: In the original lease, the rent-was for $200 per month and the rent • credit against its obligation to make monthly payments to the extent of its actual costs incurred in making repairs and improvements was limited to one year's rent. As School District 287 anticipates providing in excess of $40,000 of improvements to the stables, they have requested to increase to rent to • $400 per month and extend the rent credit to cover the entire 3 years, but net to exceed $14,400. They feel they must make this as a proposal to justify spending that amount for improvements to someone elscs property. • H10 -2- Subd. VI. pg. 4. 1. "Within a reasonable period from the date hereof, but in no event later than 30 days after final approval of Bryant Lake Park Master Plan and contract, and subject to availability of contractors, Lessor agrees that it shall make or caused to be made those repairs and improvements to the premises set forth in Exhibit B attached hereto and made a part hereof.' 2. "Within a reasonable period from the date hereof, but in no event later than two months after completion of Lessor's improvements, Lessee agrees that it shall make or cause to be made those repairs and improvements to the premises set forth in Exhibit C attached hereto and made a part hereof." RATIONALE: The School District would like to see the City's improvements completed no later that August 31, 1979. However, at this point the City cannot commit to any specific date until the Metropolitan Council has approved the Bryant Lake Nester Plan and the City and the Metropolitan Council have entered into a contract for development to occur in 1979, which would include the improvements to the stables. Subd. VII. pg. 4 "Lessor shall, if permitted by law, apply for and obtain such permits as may be required for the performance of Lesseets obligations to repair and improve the premises." RATIONALE: This in effect, makes the same obligation by the City as does the language in the original agreement. Subd. VIII, pg. 4 "And if Lessee fails to make such reasonable repairs after written notice." RATIONALE: This language was to insure the School District. that the City would have to provide them with written notice prior to terminating the lease because of failure to make requested repairs. Subd. IX. pg. S "It is understood that a caretaker or custodian employee of the Lessee will occupy the house on the premises." RATIONALE: This paragraph, which is referring to subleasing any portion of the property takes into account that their caretaker or custodian will be living in the house and, is in affect, a sublessee to the School District. Subd. XV. Page 7.4 8. (Please refer to your document for this longhty change.) RATIONALE: The School District substituted language directly from their insurance policy to insure that it conformed to their existing policy. Subd. XVII. pg. 8. "Lessee shall notify Lessor of such rates and charges" RATIONALE: The original language is taken from the lease agreement that the City had with the previous Lessee. The School District indicated the lease rates would be based on their policies for all of their programs. Subd. XVIII. pg. 8"Not withstanding the foregoing, either party may terminate this lease upon four month's written notice to the other." RATIONALE: The District wanted this lease agreement to spell out the minimum amount of notice that both the School District and the City would have to give the other in case of terminating the lease. • After reviewing this lease agreement with Mr. Pauly, it is our opinion that the only substantial changes to the lease are in the terms of the rental amount and ICrent credit and in the language referring to the insurance coverage. 191tO -3- IF� All of the proposed improvements that are to be done by the School District 207 are necessary to operate a clean, first class stable. it is still my Opinion that School District 287 will provide the City with many rvti,vubiona1 • services and will turn Eden Prairie Stables into a true asset to Bryant Lake Park and the City of Eden Prairie. This lease agreement was to be taken to the Joint Independent School District 2877 Board on Thursday, June 28, 1979 for their approval. By July 2, 1 will have information as to the action taken at that meeting. I have also requested the School District staff to ask their attorney to contact;Ldr. ;Pauly as to the - language referring to the insurance coverage. Representatives from South Hennepin County Vo-Tech and School District 287 will be in attendance at . ":.,. •.tine July 3, 1979 meeting to answer any questions you may baum4Onsarnint.tills: . .._ lease. BLt vv- • • • 11 THIS LEASE AGREEMENT (the "Agreement") is made and entered I, into as of the day of ,3978, by and between the CITY • OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "Lessor" and Joint Independent School District 1287, hereinafter referred to as "Lessee"; WITNESSETH: WHEREAS, Lessor is the owner of certain land consisting of . approximately 15 acres situated within Bryant Lake Park more particu larly described in Exhibit A attached hereto and made a part here- 15 of, on„which are situated certain improvements including a house, • a barn consisting of horse stalls and an arena, a tie stall barn end a pole building together with fences and paddoeksa all of which is hereinafter referred to as "the premises/" and,, WHEREAS, Lessee desires to lease the premises from Lesser - upon certain terms and rmaditions as hereinafter sat forth, NOW, THEREFORE, in oonsideratioa of the premises herein recited and of the•covenants, crinxations and agreements herein- after set forth to be made, kept and performed by the parties hereto, the parties mutually agree -as follows, • X. } Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the premises, during the term, In consideration of the payment of the rents by Lessee to Lessor and in accordance with all of the covenants, terms, provisions and conditions hereof. Al. • • Lessee shall use the premises for the operation and • conduct of an equestrian center,including horsd industry eduaa- • 41. tional programs involving post secondary horse care and stable operations and secondary horse care; community recreational programs, including riding lessons, horses shows and special fq group events such as horse care demonstrations, riding and picnics; and providing individual and group recreational uses of the premises and facilities through its community programs. The foregoing purposes for which Lessee shall be obligated to use the premises shall be phased in during the first six months of the Lease term and thereafter shall be continuous, subject to weather _..,..._, conditions and seasonal changes, sufficient community interest and, further,__---__ subject to Lessee's changes in curricula relating to educational horse care programs. In addition to the foregoing uses, the house situated on the premises will be occupied by a caretaker or custodian. , The Lessee shall have access to the equestrian trails located in Bryant Lake Park as designated by Lessor and shall be responsible for providing notice of the park rules to those persons using the trails under the supervision of the Lessee. III. 1. It is recognized by the parties hereto that the use-of the premises by Lessee constitutes an interim use of a metropolitan regional park facility. In accordance therewith Lessee's term of occupancy under the Lease shall be for a period of three (3)years commencing on the day of 1979, and terminating on the day of , 1982, ("initial term"). 2. Lessee is granted the right and option to extend this Agreement upon expiration of the initial term for an additional term of three (3)years ("extended term"), subject to the following: a. That Lessee shall have given notice in writing to Lessor of its intention to exercise its option hereunder by serving a espy t;. • fir thereof upon the City in the manner provided for service of a summons for the District Courts in the State of Minnesota or by registered or certified United States mail at least four (4) months, but not more than six (6)months, prior to the expire. lion of the initial term; and, b. That all necessasy aporovals and consents of aeolicablc governmental agencies and subdivisions authorizing the use of the premises f?y. esaee diirin�the extended term shall have been obtained by Lessee and such use during the extended term s1a11 not impair Leassor's aliilit oir enntillemetet to receive.funds i rany source available to Lessor for additions to or i t rove, pants in or of Brant LakeFark,of w ai flee�rgises are a mart. In the event Lessee exercises its option hereunder, all of the terms and provisions of the Agreement, except paragraph VI hereof, shall apply during the extended term. IV. As and for rent of the premises Lessee A6n11 pay to Lessor the sum of Four Hundred ($400) Dollars per month during the initial term of the Lease and any extended term pursuant to the exercise of Lessee's option hereunder, pay- able on or before the first day of each month, commencing on•or before the - first day of , 1979, provided however, Lessee sbot% receive a credit against its obligation to make monthly rental payments to the extent of its actual costs incurred in making the repairs and improvements required by it to be made pursuant to paragraph VI hereof, but in no event shall such credit exceed i4,400 in the aggregate. V. Lessee has inspected the premises. No representation, statement or warranty, expressed or implied, has been made by or on behalf of the. Lessor as to the condition of the premises. The taking of possession of the promisee • p�� • by Lessee shall be conclusive evidence that Lessee accepts the same "as is" except as provided in paragraph VI hereof. In no event shall Lessor be liable for any defect in the premises or for any limitation in its use. VI. 1. Within a reasonable period from the date hereof, but in no • event later than 30 days after final approval of Bryant Lake Park Master and contract, and subject to availability of contractors, Lessor agrees that it shall make or caused to be made those repairs and improvements to the premises set forth in Exhibit B attached hereto and made a part hereof. 2. Within a reasonable period from the date hereof, but in no event ;later than two months after completion of Lessor's improvements, Lessee agrees that it shall make or cause to be made those repairs and improvements to the premises set forth in Exhibit C attached hereto and made a part hereof. V II. Lessor shall, if permitted by law, apply for and obtain such permits as may be required for the performance of Lessee's obligations to repair and improve the premises. VIII. 1. Lessee shall keep and maintain the premises and all improvements in a safe, sanitary, and sightly condition, in good repair, and shall restore and yield the same back to Lessor upon the termination of this agreement in • such condition and repair as shall exist upon completion by Lessor and Lessee of the repairs and improvements required to be made pursuant to the provisions hereof, ordinary wear and tear excepted, and if such premises shall not be so kept by Lessee, and if Lessee fails to make such reasonable repairs after, written notice, Lessor may enter the premises (without s•ch entering cawing ___ .4. 19 • iror constituting termination of the privilege, or an interference with the pos- session of said premises by Lessee)and do all things necessary to restore said premises to the condition herein required, charging the cost and expense thereof to Lessee and Lessee agrees to pay Lessor, in addition to the rent and charges hereby reserved, all such costs and expenses. 2. Lessee covenants and agrees to keep said premises and improve- ments situated thereon free and clear of any and all liens in any way arising out of the use thereof by Lessee. 3. Operations to be conducted by Lessee under this agreement shall be at the sole expense of Lessee and shall be subject to general inspection by '-the Lessor to insure a continuing type of service commensurate with the 411 standards provided for in this agreement and to such other provisions of related agreements as may be pertinent as entered into between Lessor and others governing the use of and-operations of the facilities on the promises. 4. Lessor, its agents and employees shall have the right at all reasonable times to enter the premises for the purpose of inspecting the same from time to time. IX. Lessee shall not sublet the whole or any part of the leased premises or assign all of or any part of its interest in this agreement without first ob- taining the written consent of Lessor to any such sublease or assignment. it is understood that a caretaker or custodian employee tithe Lessee will occupy the house on the premises. X. I) ity In the event the premises or the buildings of which the prem#sts are a part shall be damaged or destroyed by fire or other casualty, the same may be promptly repaired or rebuilt by Lessor at its expense as soon as funds are available, but Lessor shall not be obligated to repair, rebuild, restore or replace any fixture, equipment, display or other property installed by Lessee or others pursuant to this agreement; provided, however, that Lessor may elect, at its sole option, not to repair or reconstruct any building which is a part of the premises, and, upon written notice of such election from Lessor to Lessee, the obligation of Lessee to pay rent shall cease and this agreement shall thereupon terminate. XI. In the event that all or any portion of the premises shall be taken by eminent domain proceedings, or by purchase in anticipation of such proceedings, the proceeds payable in•connection therewith by the condemnor shall be paid to the Lessor. • • XII. w Lessee, for the duration of this Agreement, and any-extension or re- newal thereof, in the operation of its business, shall conform to all applicable laws, ordinances, rules and regulations. XIII. • Lessor shall not be liable for any damages to any property or person at any time that may occur in or upon the premises, other than damages due to the negligence of Lessor, and Lessee covenants and agrees that it will indemnify and hold the Lessor free and harmless of and from all claims of whatever kind or nature for damages by or to any person or property w :- soever or whatsoever, other than as shall be caused hy-tKa ncgl gt c r.of._ • Lessor, but including any personal injury or injuries to any person or property alleged to claimed to have been caused by.any act of commission or omission of Lessee, its agents or employees. XIV. Lessee shall assume all risks incident to or in connection with the used of the premises hereinundor and shall be solely responsible for all accidents or injuries of whatever nature or kind to persons or property caused by its operations on the premises and shall indemnify, defend and save harm- less Lessor, its authorized agents and representatives, from any penalties for violation of any law, ordinance or regulation affecting its operations, and from any and all claims, suits, losses, damages or injuries to persons or property of whatsoever kind or nature arising directly or indirectly out of such uses of the premises, or resulting from the carelessness, negligence or improper conduct of Lessee, or any of its agents or employees. Lessor shall not be liable to Lessee for damage to property of Lessee or any loss of revenues to Lessee resulting from Lessor's acts, omission or neglect in respect to the premises. xv. I. Lessee shall maintain in force during the initial term and any extended term hereunder its general liability insurance covering injuries to persons occurring in or on the premises; such insurance shall name the Lessor as additional insurer. Lessee's general liability insurance coverage shall be !$500t 900/$500a 000 bodiy injury and $250,0.0_o/$25D,oOO property damage. _may _.Lessee shell also_fnajptll}.3 .. G �S. l#;TlyRlls4lPpl��3�. •an 2,D00,000 in liability coverage. Said umbrella policy S 13 imdl atif'y the inalreal for not losses in excess of the general liability coverage. 2. Lessee shall maintain in force during the initial and any extended term hereunder a golicy or elides of insurance insuring any properly of _ ee sittuateddon or•about the premises against loss by fire qui: other perils , in the amount of the full insurable value thyKeof. Such policy or policies, as well as policies of the Lessor, shall contain a provision whereby the insurers ,waive any right of subrogation which they may have against Lesser or Lessee. 3. The Lessee shall provide certificates of insurance evidencing th.e coverages heretofore specified. All renewal binders shall be provided by the Lessee, together with satisfactory evidence of payment of premitu s thervin and delivered to the Lessor before the expiration date of the colic .the Imaiiejahen in force, XVI. • Lessee shall be responsible for and shall pay all taxes on eipipment, furnishings, fixtures and property placed on the leased premises, if any, and shall pay promptly any and all utilities used by it on the leased premises for the duration of the initial and the ew+eniled term of this agreement. XVII. Lessee shall be authorized and entitled to set the rates-bald charges for rental of stalls, boarding, cost of lessons, and other equestrian services, provided, however, Lessee shall notify Lessor of such rates and charges. Lessee shall have the right to set the cost for all food and beverages incident to the operation (I.e. vending machines). XVIII. ' This lease is made upon the condition that if the Lessee shall neglect or fail to keep, observe and perform any of the covenants and agreements contained in this lease, which are to be kept, observed or performed by it, or if the Lessee shall vacate said premises or abandon the same during the term of this lease, then and in any of said cases the Lesser ploy:immediately or at any time thereafter, and without further notice or mod, eater'into + -1, and upon said premises, or any part thereof, and take absolute possession of the same fully and absolutely, without such re-entry working a forfeiture of the rents to be paid and the covenants to be performed by the Lessee for the full term of this lease, and may at the Lessor's election lease or sublet said premises, or any part thereof, on such terms and conditions and for such rents and for such time as the Lessor may elect, and after crediting the rent actually collected by the Lessor from such reletting on the rentals stipulated to be paid under this lease by the Lessee from time to time, collect from the Lessee any balance remaining due from time to time on the rent reserved under this lease, charging to the Lessee such reasonable expenses as the Lessor may expend in putting the premises in tenantable condition. Or the Lessor may ILat its election and upon written notice to the Lessee declare this lease for- feited and void, and may thereupon re-enter and take full and absolute possession of said premises as the owner thereof, and free from any right or claim of the Lessee, or any person or persons claiming through or under'the Lessee; and such election and reentry last mentioned shall be and constitute an absolute bar to any right to enter by the Lessee upon the payment of all arrearages of rent and costs after a dispossession under any suit or process for breach of any of the covenants of this lease, and the commencement by the Lessor of any • action to recover possession of said premises aforesaid shall be deemed a sufficient notice of election of said Lessor to treat this lease as void and term- inated, without the written notice above specified. Notwithstanding the forvg either party ma.y terminate this lease upon four months' written notice to the other. • XIX. In the event of the termination of this Lease by Lessor as hereinbeLore provided, Lessee shall, and hereby waives any and all claims of any character for damages or loss which it may sustain for any reason or cause whatsoever. , • • XX. The failure of the Lessor at any time to require performance of Lessee of any of the provisions hereof shall in no way affect the .right of Lessorthereafter to enforce the same, nor shall the waiver by Lessor of any breach of any of the provisions hereof be token or held to be a waiver of the provision itself. XXI. Time is declared tO be the essence of this Agse0Maut, and the terms hereof shall inure to and be binding upon the ,part3oe and their . respective legal representatives, successors and assigns. This Agree* meat embodies the entire understanding of the parties with rest to the subject matter hereof and shall not be amended or modified except in writing signed by the parties. 4 XXIX. • • All notices to be given to Lesser or Lessee shall be given in writing and hand-delivered or by depositing in'the United states Mail, Certified, and postage prepaid, addressed to:. CITY OF EDEN PRAIRIE J01ST mitt EJDEWF 6CNO01, 8950 Eden Prairie Road DISTRICT 1 287 Eden Prairie, Minnesota 55433 1820 North:fenium Lane Plymouth, MN 55-141 XXIII: • Lessee further covenants with Lessor that at the expiration of the initial term or extended term, peaceable possession of the premises shall be given to the Lessor. • „XXIV. 4r Lessee, upon performing the covenants, conditions and avow-` meats herein contained, shall and may peacefully have, hold and enjoy the premises and privileges hereinafter granted, • Lease this day of • ,1979. 1 • I • CITY or EDEN PRAIRIE, *Lesser" t • syWolfgang H. .1konaol,Tayn. tt. my . . Roger R. Ulstad, City Afinagei JOINT INDEPENDENT SCHOOL DISTRICT .207 "Lessee* By • My STATE OF MINNESOTA ) ) SS. -COUNTY OP HENNEPIN ) The foregoing instrument was acknekledged before me this . 111 day of ,19,g, by Wolfgang H. Densel. Mayor, and Roger K Ulstad, City Manager, of the city of Eden Prairie. Notary Public • • r. STATE or MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) • • The foregoing instrument was acknowledged bofore no this day of '1979, by and of Joint Independent School District 1287. Notary Public 4[ • 4 - i941-• . . . . ,....ii ., ., , i 1 :. .... .. . Exhibit A • ?...3.1•,r• -) t.i. t: .. . • .... . f' •: 1.2` \ . ..1.." '' • • . r ( • \ ...1 \ . • WIN ,\ % • •A . .„...\. • 7 \II). \:\ . • . _ . . i 0\,......„4. -• \ . . . . ,„ f; .7."‘" , ,•;\ • \t„. ,-): . • • .. • .., • P.•Asit • i. • • 4,,,,,i ' • ' 'p.,r,-.- ..??4-;:, ,.4-4.... ... t : :• -•,....,tP - ..4 .:P.,.•f.0. ..' i . . t '‘.)t'.. •rl • tPi ;el tA*;41 ON BRutr LAKE STABLES Cfit.t..' ."' - ):%.N. ..t.(C•ir.:- % \ r.A " kith Z24- 6.4. n ,-. ., AO_ fia..\.;.. :.... . ;,.• -.! .... \ ...I . • .-. ... 1 t t'ettii$44;•:%'-,1,.14' \ . ..e. , •-. . • g114.1 4:0 , it N"•-•,—.......... . 0. tr- sig k\'‘ ....4 1 • t• , %•.., (1°%ek"4:t.:4,...u.-1.13.4.i.•ii...-110. , -•Cp.4,,.....toradaafam4.4.-: qb:1:03.! .•. C41.* •„Stf::11.. 14%.Z., • \••. . 44.C.•:. s, ..,. i . ...... ••,. •.1,, ,: ......"" . ,,,,t°10%,tt's ., • • ‘ ... ‘•....ii J..... 1:AP '''.te • .0."-...• - v,:.'',,,,, " t iii„lv••• le.• 1,3,,-; *1;.:4,..0 W.,.c-°).... 'ci• ' • c),ci w ,t..1.1 ....,,,, ( ,... ,, e ....: \ .i.e.:.? ..._...... . • t) i i 9-3 t 4'1.1-44..-fa ..Lc::.... • ;;' • ;.i112T E city of Eden Prairie's Responsibil4'ties: • 1. Roof iopair and insulation ropair caused by water dassge to the r _ Stall barn attached to the arena. • 2. All existing electrical brought up to coda.in arena. a Removal of al] existing manure stored on the site. Removal of all dobris and exposed foundations fret buildings that have "beet removed. Grading of access road, Parking lot alt twa-Q4t ter a as., 4 Tropnation of plans for stables within the Otymt:-TAkos meat 14liin • • • • i + • t • • C ,SIT C Zoint Independent School District No. 287 Respoasibilitie>sx • i, Installation of an automatic water system for the stall aria.• ; Z. Completion of a tack room, locker room, toilets, ehteeeeeme office. • '. Construction of a wash stall area. .•.'4. Additional lighting in the arena. �. Constsu..tion of the two outdoor arenas. y addition to the above, the ?,essees INS rooks the folla t r em tS st 3. Construction of new paddocks. 3. Heating in boxstall area.. :. . • 3. Heating and insulation of the arena duet above floor ng). 4. Installation of a septic system for indoor toilet f -tittles,: S. Pltunbing, heating and electrical brought up to code 4a the stallbax • 6. Removal of tie stalls in stall barn, and construction of apprpp'r'iatlY sized box stalls. MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Roger K. Ulstad, City Manager PROM: Bob Lambert, Director of Community Services DATE: June 28, 1979 SUBJECT: Petition From Residents of Prairie East 2nd Addition • Attached is a copy of the petition from residents of Prairie East 2nd Addition that are opposed to City construction of a pathway on Outlet A of Prairie East 2nd Addition and Outlot B of Prairie East. • The commitment for this trail dates back to April 6, 1976 when the City of • Eden Prairie entered into a developers agreement with the Busted Development Corporation on Prairie East and Prairie East 2nd Addition, in this agreement a pathway corridor 30 to 40 feet wide was dedicated to the City of Eden Prairie and was to have a path constructed within it to provide a pedA4erian CnnnAction between Prairie East and Prairie East 2nd Addition. The developers agreement did not state who was responsible for construction of the path and because 41, Husted's were bonded for $6,000 for the construction of a path in Prairie East and $1,300 for construction of a pathway in Prairie East 2nd Addition, the City staff had assumed that Hustad would be,constructing this pathway. - Representatives of Hustad's, however, noted that there was never any commitment to construction of the path in those outlets only to the construction of the path along Linden Drive. The outlets are located between four lots, two on Laurel Drive and two on Squire Lane. The majority of the outlet is undeveloped and is growing up in weeds and has become a dump site for local contractors. The City has received a request from a resident on Laurel Drive for the City to clean up the mess and grade and seed the corridor and construct the pathway. Upon inspection of this site, City staff found that three of the four lots had been developed and one of the residents had sodded all the way across the corridor. Since the corridor had not been marked and it had been several years since the coamitment,staff felt that it was appropriate to contact the adjacent property . owners prior to any construction just to make sure they were aware of existence of the trail corridor. (This letter is attached.) As we might have expected, the four adjacent property owners were not very enthusiastic about the possibility of a trail running between their lots. However, as the petition indicated the majority of the people in Prairie East 2nd Addition, that would be affected by the trail, are also not enthused about the trail location. • -2- The original trail construction was to be asphalt, but even the person r ing the trail felt that an asphalt trail might not blend very wail.-With exst land*: soaping already completed by the adjacent homeowners. Woodehjp8,.a-s.a trail surfatir, was then suggested as possibily an acceptable alternatilfe, fkiiiriver, a drainage Swale runs down the back lot lines between Prairie East and Prairie Past z . . Addition. This trail would cross that simile and the woodthjPs•WOOld.sinlx.Iaat until the first heavy rain. In 1978, minor committed to developing a trail- in the loth:Addition tluat would,. connect Linden Drive with an tlutlot in.Garrison Forest,atd fa thare<traiI connections can be made to Anderson Lakes Park. At.that tiderOilinser.also committed to a trail connection i 'Werra Drive to cite}t$"ItiT,93C -ie L�s4t •7th between lots 32 and 33 in Prairie East. This.would o n the meted pedestrian connection between Laurel Drive am-Loewe i ri co,the tVi4,t0hh 'tI .. =,, -calositted to in 1976. , '- .' reif would recommend that the Gli,ty clean,UP the and $, and plant shrubbea r on the La Ilr e e feet along the boundaries,to the corridor; ar to use this corridor as a public walkway-, T i$.# `rl ut':c5, ac1t ld., also blend into the adjacent lots't n : :th!e. owners to maintain this corridor as a p ;:0P=piegir•it e, This solution would satisfy the person re cestin the water co clean up of the easement. It might a 9fR e t tion*t$. a s would remain public; however, it would net encourage t trs in er psblic use other than local residents that ate faw*Liar-with thsr)O 3 4 f'► 0Cthe pedestrian connection. 'Lund ; • THIS IS A PETITION FROM THOSE PEOPLE WHO DO NOT WANT A TRAIL CORRIDOR ` PATHWAY CONSISTING OF OUTLOTS A AND A, AS WAS PROPOSED AY THE CITY OF ir- EDEN PRAIRIE. REASONS: 1) NO NEED .... 2) DANGEROUS (ENDING HP IN THE STREETS) S) IT'LL RUIN TIT grATI. THAT'S IN NOW FOR NEEDED DRAINAGE OF EXCESS PAIN VATPR 4) WOOD CPT TRAIL WON'T LAST S) ADJOINING ImPOMMFRS DON'T WANT IT 6) PATHWAY PLAN ALREADY IN PROGRESS IS FINE t/ q. W.!. �.-i y [l am Pf,..a if.. f'0,:7x .. ::._,/d^ r.g c i4a,- .. ► o ��` 114 Cot-,auerAa1' U?rNLrSbIZ 'tievG4.corm Eu"I" /). 5?. I, l • ow:4e c . -5445 5, ..4•412 1/40.r d•C aE. e ' t. • - / Wit?: �.Mf// ' -�li//1:e.W. /L //Wr '601//°%� i!�/:✓�r'i.;;fit 1 .62e,-..;:z.----%. 4-, ., 'le'ti -.1 • . 7,2"). K'-.• e.,41, .7<e..--..........-- t r�liii A4 .4-.A 9 f/y4.4-,:te-, -e-. f lr. 4 t r5• t-7t. b'r�&A ? co t.',ar )r• . . • • • r"..=1)1 LWX) • flY Of lib X I 555 EDEN PRAtME 50hD/EDEN PRAIRIE,MINNESOTA 55344 ..• . . '• r's = • 7 • • June 14, 1979 • Michael P. Bricse • 9824 Squire Lane • Eden Prairie, Minnesota 55344 Dear Mr. Briese: • On April 6, 1976, the City of Eden Prairie entered into a developers agreement with the Ousted Development Coiretalion on Prairie Rost and Prairie East 2nd Addition. In this agreement a pathway corridor• aide was dedicated to the City of Eden Prairie. This corridor consisted • of Outlet B of Prairie East and Outlet A of Prairie East 2nd:Addition. Due to rather vague language in the developers agreement, the City staff had assumed the pathway construction was llustad's responsibility; In/waver Hustad's felt that it was the City's responsibility. In the next few days the City will be grading and seeding that corridor and shortly thereafter will be putting in a woodebip path. Since the corridor has not bean marked, and no development has occurred on that pathway staff considered that adjacent homeowners may not have • been informed of the pathway location. This letter is to insure that you arc aware of the existence of the trail corridor. If you have any questions concerning this matter, please feel free to call me at 941-2262, ext. 37. Sincerely, • Robert A. Lambert Director of Community Services RAL:od • . • • - • •'••Y- a'''r••^p .-^ rt`M. ;, ' by V ..7` v••:•.'r S a.I • `ir Aff to 7, q h 0 N b fr -:•Ll. .i `1r q Lam.' . Y:f:. N o t 1.. zp u. w " „ c' Shag '. 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S �6 r't tS iia•••o Q.%4S•.ty,b•r ( ,« . a . -M,./• O.' t. ‘-• •., `~,f�'� Nrt•'1G' L.., o^ bri4 '1...":'l`*.ro yt. ice• gyp, �..y M�+•tN.• '...jV:. .6r cit • •�,t' "' t 0 b -,• j•jW r ��OC.1 •' 'A ►"' ?"m -:1�'' O w -•-. a Y'4... '~' .• , /Q J J • tt i iN ° � , ' `is' > W ,• .. •' . • t , ;'jb/ty' �1`., / C.',.A>;.. "Q, r • ��1C . '•....`' ^, i r. ..l •,. - / . 1., . ' ^ ! rt .•o '4w [.'.i , .- YS. J' ti. r . ne1.'& : • - - I-1? 4- 4; ...ma.F'. +): °4 '•trirt Bsii , of •.•. -` 417 �l � lo !.9 • � t • IL • S.•• `C`�- ..' w r:' J7. r.' • r •aK• w'�_p y V ^ :.:: r:«:n!o .. .,.. ti. .1k- 11141 :i DAL k� Ift:1' %•�a. MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Roger K. Ulstad, City Manager PROM: Bob Lambert, Director of Community Services DATE: June 28, 1979 SUBJECT: Request for Appraisal Parcel No. 1 - Bryant Lake Park On September 22, 1977, the Metropolitan Council authorized a grant for $306,000 for acquisition of Bryant Lake Regional Park. On November 22, 1977, the City of Eden Prairie entered into contract number 7766 with the Metropolitan Council accepting the responsibility for acquisition of Bryant Lake Regional Park. A map identifying and describing the boundaries of the project area within which acquisition would be assisted by grant monies from the Metropolitan Council was attached to this contract. This map showed Parcels 1-8. As of this date, Parcels 2-8 have been acquired. Parcel Number 1, owned by Metram Properties, is the only remaining parcel to be acquired for this regional park. On June 27, 1979, the City received a letter from J. E. Brill Jr., one of the attorney's for Metram Property Co., notifying the City that Metram Properties Co. is now interested in developing the property and' they are requesting the City to designate what portion of the property is to be acquired for park purposes. As soon as we are able to toll them the size and shape of the parcel needed, and desired for park purposes, they will be able to move ahead with the platting and the negotiate the sale of the desired park parcel to the City of Eden Prairie for regional park purposes. After reviewing the site, it is staff recommendation that the City acquire all of the property above the normal ordinary high water mark south of the through road and a strip of land approximately 300 feet wide along their eastern boundary. This parcel is necessary to protect the Nine-Mile Creek Valley and the Eden Prairie Stables from visual encroachment by development. The area south of the through road is desirable,as this will protect the northern shore of the lake and preserve the prominent knoll on the northern shore. The City already owns approximately half of this knoll and will be developing it as a scenic vista point for hikers and bikers. There is only $31,000 remaining of the $306,000 originally set aside for ( acquisition of Bryant Lake Regional Park. I have contacted staff at the Metropolitan Council and they have indicated that there are contingency funds available for acquisition of this parcel. -2- I have attached a copy of Mr. Brill's June 26 letter, my January 30 letter to Mr. John Uban, of Howard Dahigren Associates, a map Showing Parcels 1-8 of Bryant Lake Regional Park and a more detailed nap showing staff recommendation for boundaries of Parcel 1. Staff is now .,c.v..vnding the Council to authorize securing an appraisal on Parcel 1, after which we should begin negotiations for acquistion of this parcel. BL:ad • • • • 1432 • , • f . � � ��. r 6 " f ill 3C,. ) ai k,,1 k\ ) )iilt.. C. 144N) ;i1F:ff., ,,..-;..-:,,,,i.Ar.;,.... 7,11,.....-7c, ... .,4. „.., . v. -.• (.__.. ...\ Io Ir t J' :1 .,,. a; t.. - ' � ter+ �� r l�� ` . ' 0.----H ,re „, .45i .1i1 ; ,. ' • • • -r-,.. , --"..... 1 1 *--?,,,,,..." " '. 9 V--- --'.• ‘ ,' ' O �t \t• ►.4�n'yyy 1 ea* r 1 '•4 `may \ ,I .` .,li . c:: ,0,41 ; i ,:44. ,_7,.. _ t ',...,,,.... ,, li ,..4 Imindie \\: 'i -,-. .-V7 \ . 1133 • 1 ` F:" a GROSSMAN. KARLINS.SIEGEL & BRILL ATTORNEYS AT LAW r/AURICE L,OROSS MAN SID BUILDERS EXCHANGE SUtLDINO ARIA COD[Stf ELDON D.KAOLINE MINNEAPOLIS.MINNESOTA 88402 TELEPHONE 3.341•7t$1 NICHARD SI[OEL JOSIAH C.DRIL L.JR. Jig .. 1979 0/COUNSEL AHEM G.JOHNSONARNOLD A.KAOLINE THOMAS N.OOOOMAN WOOD N./OSTEN.JR. JAMES R.ORCUPNEN DONNA JOHNSON WOL►SON w , 21:#cIv11 City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Attention: Robert A. Lambert Director of Community Services Re: Metram Properties Company Development of North Bryant Lake Property Dear Mr. Lambert: We are the attorneys for Metram Properties Company and 41. have been asked by Jim Rlungness to respond to your letter of January 30, 1979, a copy of which is enclosed. I understand that the City of Eden Prairie is acting as an agent for the Metropolitan Parks and Open Space Commission with respect to negotiating for the acquisition of a portion of the above property for park purposes. It is also my understandina that, in order to begin the acquisition process, you require a letter from the property owner requesting that the process be initiated. That is the purpose of this letter and you may consider it a request on behalf of the property owner, Metram Properties Company. As you are already aware, Metram Properties Company is ready to develop the property, and has, through its planning consultant, Howard Dahlgren Associates, Inc. , prepared and reviewed with the City staff several preliminary platting concepts. As soon as you are able to tell us the size and shape of the parcel needed and desired for park purposes within our property, we will be able to move ahead with the platting and negotiate the sale of the desired park parcel to the Metropolitan Parks and Open Space Commission. As soon as you are prepared to provide this information and an offer to purchase, Metram will review it with its planning consultants and be able to respond to you. • /93tf • • • • 4r Page -two- • If there are any questions, please feel free to give a call to either myself or Jim Klungnesa. Sincerely yours, • • lituJajtscsm -bears • . ;C : Mr. Jim Rlungness Mr. John Wan 1,1AN 197 try OPiMEsi1150EDEN PRAIRIE ROAD/EDEN PRAIRIE.MINNESOTA55344/TELEPHONE ISM 041.2202 '�i�9kN/ +rr T January 30, 1979 John Uban Howard Dahigren Associates, Inc. One Groveland Terrace Minneapolis, Minnesota 55403 RE: Eden Prairie Property North of Bryant Lake Dear Mr. Uban: This letter is to confirm our conversation of January 26, 1979, concerning the pLepeaty north of Bryant Lake and west.of Bryant Lake Park. The main concern of the City is to acquire the property south of the existing road to include that area in Bryant Lake Park. The City would also want to protect the area north of the stables and east of the creek from visual intrusion from the west. The existing knoll on the north side of the thru road and the woods on the northeast area of the property will provide natural screening for the major- ity of the park. I would urge you to plan your development with this in mind. Mhenever the property owners are interested in selling the area south of the thru road and just west of the existing parkland, they should provide no with the necessary information to take to the Parks, Recreation and Natural • Resources Commission, the City Council and thn Metropolitan Parks and Open Space Commission. These three governmental units would have to approve acquisition for adding this parcel to the regional park. • If you have any further questions concerning this matter, please feel free to contact me. • Sincerely, Robert A. Lambert Director of Community Services / RAL:md 4�. cc: Jim Klungness • Motrvn Properties 5215 Edina Industrial Blvd. Minneapolis, Minnesota 55435 • ��3� • TO: Mayor and Council FROM: John Franc DATE: June 20, 1979 RE: MIDB'S Big G Imports Company/Galarneault - $650,00 John and Robert Gala-rneault areregaestirtG the Cityto issue,.$gq� ..,of I.R. Bonds to finance a 30,000 square foot 1$ffitehattehOlito with an estimated cost of $729,000. The applinarrt intends i~a lease the bD, fpb to their company, Big G. Imports, The,prOject old>.-Pa 1O1wate It the • intersection of 70th Street and Shady Oak load' in tShady 01k. Industrial Park 2nd Addition. The-propertyIs zoned i 2 whigh fi correct for the intended use: A hearing could b s+<lrndul ;-,for August 21, 1979. • • • L 1q3 .. • CITY OF EDEN PRAIRIE, MINNESOTA Application for • Industrial Development Bond Project Financing 1. APPLICANT: • a. Business Name - John K. Galarneaullt and Robert J. Galarneault, Partners b. Business Address - c% Big G ImportiCO. 3021 Fifth Avenue South Minneapolis, 'NN 5540* c. Business Form (corporation, partnerehip,, sole P4T4SAietor, ship, etc.) - Partnership • • • d. State of Incorporation or organization„ mipi0e44,,t4 e. Authorized Representative - Ric'bard: W,,.. Anderson 9600 va34:.301+ #:01t Rem'... Edeh !rattle, . 5 .4. 41. f. Phone - 612/944-6803 - 'Mt, Anders 612/822-7285 - AppliCan • 2. NAME(S) AND ADDRESSES OF MAJOR STQCNUOLDLRS CAR PRINCIPALSw. a. None b. . c. l _l • 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Applicants are the sole officers and shareholders of Big C Imports Co., a Minnesota Corporation, which imports clothing and home furnishings from South America and distributes said products within the United States. A catalog of said products is enclosed herewith. 4. DESCRIPTION OF PROJECT 30,000 s.f. office/warehouse building to be leased by applicants. to Big G Imports Co. which will occupy the entire structure. =' a. Location and intended use: Shady Oak Road at 70th Street, both to be constructed in Shady Oak Industrial Park, 2nd Addn,, Eden Prairie, MN. b. Present ownership of project site.: Richard W. Anderson, Inc. c. Names and address of architect, engineer, and general . contractor: . . Architect: Ed Mackie 6701 West 23rd Street . Minneapolis, MN 55426 Contractor Adolfson and Peterson and 6701 west 23rd Street Engineer: Minneapolis, MN 55426 Developer: Richard W. Anderson 9 00 Valley view Road 5. ESTIMATED PROJE gfaMt?' MN' 55344 Land 2 1/2 acres $ 125,000 Building $ 550,000 . Equipment Other (Financing Costs) $ 51,500 Total $ 726,500 • _2_ 6. BOND ISSUE - • a. Amount of proposed bond issue - $550,000 • b. Proposed date of sale of bond - July 15, 1979 • e. 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 - The bonds will be purchased by, one or more institutional mortgage lenders to be determined. e. Name and address of suggested trustee - Not appliesbe • • f. Copy of any agreement between Applicant and original purchaser - None in existmufto at this t • g. Describe any interim financing sought or available - To be provided by institutional mortgage lender(s)•. h. Describe nature and amount of any permanent financing in addition to bond financing - None 7. BUSINESS PROFILE - a. Are you located in the City of Eden Prairie? None b. Number of employees in Eden Prairie? None • i. Before this project: None -3- . y • • ii. After this project?., 20 employees c. Approximate annual sales - Approximately $000,000.00 • d. Length of time in business seven years in Eden Prairie None • e. Do you have plants in. other io `stinnmt • If so, where? • 3021 Pifth Avenue South Minneapolis, RN • • f. Are you engaged in international trade? Except for merrhAnAMse imported.from 'south AMerinaAmerica • • amo 8. OTHER INDUSTRIAL DEVELOPMENT P'RQJEC't(0)c a. List the name(s) and locatien(s)'ef other in.dustriad development project(s) in which the Applicant-is the owner or a "substantial user" of the faciliti•0.s err .a "releated person" within the meaning of SectiE n 103(h1(0)... • of the Internal Revenue Code. None • Jd- • . ..... .. ....._...... ..•�:. :.:. ...:ice .:. ::;. • b. List all cities in which the Applicant has requested industrial revenue development financing. None • c. Detail the status of any request the Applie Ut,has -before any other city for industrial development revenue,financing. • None • • • '- d List any city in which the Applicant has"been:realised ,. industrial development revenue financing. None • e. List any city (and the project name) where the iipplinunt has acquired preliminary approval to procead but in. :h: final approval authorizing the financing has begin xienled. None i _g_ • ( 7 i. If Applicant has been denied industrial developt revenue financing in any other city as identified in (d) or (e), specify the reason(s) for the denial. and the name(s) of appropriate city officials who have knowledge of the transaction. None 9, NAMES AND ADDRESS OF: - :'.. Agent or Mortgage Brokers a. AndionoulailitXXXIMOteddconarldtiaticast. Dougherty, Dawkins, Strand & Ekstrom 414 IDS Center Minneapolis, MN 55402 b. Private Placement Purchaser (If private placement). Institutional mortgage lender(a) to be determinp+4 i. If lender will not commit until City.has , passed its preli mi nary resolution approving the project, submit a letter from proposed lender that it has an interest in the: offering subject to appropriate City . approval and approval of the Commissioner of Securities. • Not -applicable. . _6- ai � I 4 . . b. Bond Counsel - Maakall, Crouase Moo7cer 1000 First National sank Bu41d931q Minneapolis, MN 5510 Applicant's . c. sae Counsel - d. Accountant - .30. WHAT IS YOUR TARGET DATE ;MR: ." a. Construction startu ,, 3 . "!•:::.';'''.1';,'.4:•;:,:i;:' :....,:".:..;:i:'....i::::C1.7,4-..,:•:';.1..:!..'if.".i.:',,,,,•-•:1;',:''''';'';'.1.:1.::::•'...-, . b. Construction completion - s.+. e. 3x 197 FAR FURTlIER IDIF{1RMATION CONTACT: T,be undersigned Applicant 'undderstands `that the approva ...or disapproval by the City Of' sties Pra.i.r a far, adust�ris& 'Development band fiaantsinig doss nit e p sSl;'7 l . constitute any approval, a�arian e,. or' tai ea: asi pr. aisi�?l� " ,.....or requirement relating to as ai:ng, bu dtn or other:. .., ,.. ...,-,i....:,,,,:i.,,,...,:,,..,,t p..,,.1.., ell or ordinance of the City of Tdsu ai�rie, or.:.m y father la►� applicable to the property included in th3� :8yajec . pl n.' J611n L. .rGA..l�' dul it 4 '''• _ ,: ividuallr ' • p ant 'Robert J,. Calstnenult:, Indiv dually;: :.. • l � Date -7- • 0 3 6 11. ZONING - TO BE COMPLETED BY TRE CITY PLANNING fWA1tT1E ` . . . ,, a. Property is zoned 1-2 • • b. Present zoning (is (is not) correct for the. intended use. c. Zoning application received on. • for which is correct for t n intended usca. - • d. Varianoes required - • Nome required.: • • c2f1•167,41. City Piaiui st►.:.. S r • • eee -E- 9 • July 3, 1979 x STATE OF MINNESOTA ir CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 4721 JOHNSON BROTHERS Liquor $ 550.75 4722 ED PHILLIPS & SONS COMPANY Liquor 692.11 4723 GRIGGS, COOPER AND COMPANY Liquor 650.08 4724 EAGLE DISTRIBUTING Wine 346.67 4725 QUALITY WINE COMPANY Wine 295.72 . 4726 OLD PEORIA COMPANY, INC. Liquor 703.87 4727 INTERCONTINENTAL PACKAGING CO. Wine 92.56 4728 LEASE-A-LEMON Lease cars-Playground on wheels 424.13 , 4729 STATE OF MINNESOTA Motor Vechicle Registration 1.75 4730 VOID 4731 COMMISSIONER OF REVENUE May sales & use tax 2,797.99 4732 SAINTS BLOOMINGTON ROLLER SKATING Expenses-Summer fun program 115.50 4733 ROLLING SOULS Expense-Teen Work Program 24.00 4734 HANUS BODY CO. Truck repairs 1,140.00 4735 ROLLING SOULS Expense-Summer fun program 21.00 4736 MINNESOTA POLICE OFFICERS STANDARDS State License dues 96.61 4737 DIANNE HANSON Mileage 10.80 4738 GRIGGS, COOPER & COMPANY,INC. Liquor 752.10 a4739 INTERCONTINENTAL PACKAGING COMPANY Wine 354.02 4740 OLD PEDRIA COMPANY, INC. Liquor 707.52 4741 TWIN CITY WINE COMPANY Wine 287.62 4742 JOHNSON BROTHERS LIQUORS Liquor 654.80 4743 EAGLE DISTRIBUTING Wine 330.82 4744 QUALITY WINE COMPANY Wine 585.28 4745 ED PHILLIPS AND COMPANY Liquor 1,032.68 4746 PETTY CASH Postage 10.00 4747 HAL WELDIN Change fund-Teen Center 15.00 4748 JOYCE PROVO Expense-Awards Dinner 11.00 4749 SCIENCE MUSEUM OF MINNESOTA Expense-Teen work program 45.00 4750 STATE OF MINNESOTA Car Registration 12.75 ' 4751 A & H WELDING & MFG. CO. Services 109.25 4752 ACTION REDDY RENTS Equipment rental 10.00 4753 AMERICAN SECURITY EDUCATORS Supplies 15.00 4754 AMERICANNA VENTURES, INC. Services 81.33 4755 EARL F. ANDERSEN & ASSOC. INC. Signs 95.85 4756 APPLE VALLEY RED-E-MIX INC. Supplies -j "7-` 26.05 4757 ASSOCIATION OF METRO MUNICIPALITIES Dues 936.00 4758 Godfather's Pizza Expense-Teen work program 62.29 4759 Hopkins Postmaster Postage 25.20 4760 BELLIS PAPER Supplies ;' 92.30 4761 FAYE BIEBER Refund of fee 2.00 4762 MICHAEL BOSACKER Expenses 13.50 4763 JANICE BOTHUN Refund of fee r,,,,,, 10.50 t "4764 BOUSTEAD ELECTRIC & MFG. CO. Supplies G" 74.20 4765 BROWN PHOTO • Supplies & Processing 123.18 4766 JDHN BURNS Mileage 39.76 4767 BUSINESS FURNITURE INCORP. Desk 383.74 4768 Carlson's Tree Service Service 1,675.00 If i4 page July two, 1979 4769 CHANHASSEN AUTO PARTS, INC. Parts 90.82 4770 CHANHASSEN LAWN & SPORTS Supplies 242.34 gr 4771 CHAPIN PUBLISHING COMPANY Ads 453.22 4772 CHASKA YAMAHA Helmets-Police Dept . 260.00 4773 HARVEY CLARK Expense-Fire Dept. " 50.00 4774 GARY CLARK Refund of fees 4.5D 4775 COPY EQUIPMENT INC. Supplies 77.51 4776 VOID 4777 CURIE PRINTING COMPANY, INC. Printing supplies 45.00 4778 DALCO Supplies 177.44 4779 DALE OFFICE MACHINES Equipment Repair 74.90 474781 DICKEY KODET ARCHITECTS 4''•p,r�`z DEVAC, INC. o GeneBuilralgConstruction s 17,495.46 4782 DAVID DUNHAM Mileage 56.14 ' -4783 DYNA SYSTEMS Supplies -:3a''- 125.46 4784 CHRIS ENGER Auto Expense 100.00 4785 EDEN PRAIRIE SCHOOL DISTRICT #272 Custodial Work 213.73 4786 FIRE ENGINEERING Subscription 12.00 4787 FOX, MCCUE & MURPHY Audit expense 6,000.00 4788 GENERAL BINDING SALES CORPQRATION Supplies 91.60 4789 GENERAL COMMUNICATIONS, INC. Services 79.60 4790 GENERAL OFFICE PRODUCTS COMPANY Chairs 691.20 4791 GLIDDEN COATINGS & RESINS SUPPLIES 52.20 4792 GOODYEAR SERVICE STORES Supplies TI''" 220.94 4793 DALE GREEN CO. ' Supplies >. <.- 682.25 4794 Group Health Plan, Inc. Health Insu ce 820.20 4795 JACK HACKING ( , Fireman 12.29 S. 4796 HENNEPIN COUNTY FINANCE DIVISION ofPPrisoners 99.00 4797- HOPKINS PARTS COMPANY Parts 290.48 4798 DAVID HUHN Refund of fees 2.50 4799 IMPERIAL, INC. Supplies Water dept 167.05 4800 INDUSTRIAL LIGHTING PRODUCTS CO. Lighting-Public Works Bldg. 364.66 4801 INSTRUMENTATION SERVICES INC. Services 40.20 4802 INTERNATIONAL BUSINESS MACHINES CORP Service 48.78 4803 INTERNATIONAL UNION OF OPERATING ENG. Dues 176.00 4804 ITEM CHEVROLET CO Police vehicle 5,988.00 4805 GEORGIA JESSEN Expense-Park 35.00 4806 JEAN JOHNSON Expenses 31.21 4807 CARL JULLIE ' Auto expense 100.00 4808 KARULF HARDWARE Supplies 262.12 4809 KOKESH ATHLETIC & GOLF SUPPLY Recreation expenses 14.00 4810 PAUL KUJAWA Mileage 53.19 4811 CHRISTINE KRANTZ Mileage 6.50 4812 KRAEMER'S Supplies-Bicycle Reflectores 425.00 4813 1 LANG,PAULY & GREGERSON, LTD. Legal fees 5,957.21 4814 LUND PAINT & DECORATING CENTER Supplies 62.20 4815 JASON LOFGREN Refund of fees 2.50 4816 LOGIS Service 6,003.77 4817 MRPA Conference • 75.00 4818 MACQUEEN EQUIPMENT INC. Supplies 141.23 4819 MAYVIEW RADIO Equipment repair 34.15 4820 ROBERT N. MARTZ Auto expense 107.35 4821 MEDICAL OXYGEN & EQUIPMENT CO.,INC. Supplies 57.54 4822 METROPOLITAN COUNCIL Photo Prints t'`^..'Ar' 12.10 4823 MIDWEST ASPHALT CORPORATION Blacktop 733.75 4824 MINNEAPOLIS STAR & TRIBUNE CO Ads 134.10 4825 MINNEGASCO Service 538.98 '1 1 Page three July 3, 1979 •%826 MINNESOTA RECREATION & PARK ASSOC Registration Co-Rec Softball 81.00 4827 MINNESOTA RECREATION & PARK ASSOC. Entry fees-Park 780.00 4828 MINNESOTA VALLEY ELECTRIC CORP Services 15.77 4829 RAY MITCHELL Expenses 83.92 4830 MURPHY PLUMBING & HEATING CO. Supplies 3.80 4831 NATIONAL FIRE PROTECTION ASSOC. Educational Curriculum 67.20 4832 NORTHLAND ELECTRIC SUPPLY CO. Supplies 63.39 4833 NORTHWESTERN NAT'L BANK Of MPLS. Service Charge 98.25 4834 JASON O'BRIEN Refund of fees 5.00 4835 RAY O'HERRON CO., INC. Supplies 7.21 4836 PETTY CASH ! Expenses 48.01 4837 PRAIRIE OFFSET PRINTING, INC. I.D. Cards 11.85 8 POWER BRAKE EQUIPMENT COMPANY Supplies 99.64 4839 PRESERVE ASSOCIATION Lease-Garden Plots 1.00 4840 RADIO SHACK Maintenance 13.32 4841 RIEKE CARROLL MULLER ASSOCIATES INC. Tests 1,120.00 4842 MRS. ALEC RUTH Supplies '-'''-'% 49.00 '4843 ROAD MACHINERY & SUPPLIES CO. Rental 6.4`""'- .�,�,°w 73.93 `4844 SETINA MANUFACTURING CO. Auto Equipment 4.66 1845 KARA SOLON • Refund of fees 2.50 :A846 SOUTH-TOWN REFRIGERATION, INC. Supplies 34.43 4847 ST. REGIS PAPER COMPANY Supplies 274.60 4748 STANDARD Motor fuel 5,575.20 4749 STANDARD SPRING COMPANY Equipment repairs 28.35 4850 DON STREICHER GUNS, INC. Supplies 87.50 ID4$51 SUN NEWSPAPER Ads 48.00 4852 SUTPHEN' CORPORATION Equipment 157,687.50 4853 TIERNEY BROTHERS, INC. Supplies 75.00 ' 4854 U.S. TARGET Supplies ' . 92.85 4855 UNIVERSITY OF MINNESOTA Rental-film 3.75 4856 UNIVERSITY OF MINNESOTA Regist. fee-Turf Maintenance 13.00 4857 VARTEKA INCORPORATED Landscape 41.00 4858 WALDOR PUMP & EQUIPMENT CO. Flasher 30.00 4859 RIVER WARREN AGGREGATES, INC. Maintenance material 202.93 • 4860 WATER PRODUCTS COMPANY Water meters 638.90 4861 WHEELER HARDWARE CO. Supplies 14.03 , 4862 XEROX CORPORATION Services 216.16 4867 THE PRESERVE ASSOCIATION Lease Preserve Center-summer fun 1.00 486E BROWN & CRIS, INC. Services 3,476.67 4865 BRYAN AGGREGATES, INC. Maintenance Material 332.59 4866 DORHOLT PRINTING & STATIONERY, INC. Supplies 350.9 4867 JOHN FRAME Expenses 113.80 4868 JOHNSON BROTHERS Wine 331.14 4869 NORTHERN STATES POWER COMPANY May service 6.06 4870 NORTHERN STATES POWER COMPANY June service 6,626.55 4871 NORTHWESTERN BELL TELEPHONE June service 130.21 TOTAL 248.535.32 /IV�.