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HomeMy WebLinkAboutCity Council - 07/17/1979 f EDEN PRJAIRIE CITY COUNCIL IkJESDAY, JULY 17, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: yor Wolfgang Penzel, Dean Edstrom, Dave tterholt, 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 A. City Council meetins held Tuesday, June 19/1979 Page 1949 B. Special City Council iaeetipg held Tuesday, July 10,'1979 Page 1959 III. CONSENT CALENDAR, ' A. Request to set a Public Hearing for Sunset Crest for August 7, 1979 Page 1960 j B. Request to set a Public Hearing for Shea rezoning for August 7, 1979 Page 1961 C. Request to set a Public Hearing for Opus II Office Center PUD for Page 1962 August 7, 1979 D. Request to set a Public Heari!29for Inds endent Millwork Properties Page 1'.�,3 rezoning and revised PUD or August 7, 1979 E. Approve specifications and order bids for seal coating Pa+*e IPr•4 IV. PUBLIC HEARINGS A. Bluff's West 3rd & 4th b Hustad Develo nt Cor ration. Request la+�t 1258 or PUD concept a rova rezon n rom ra to RM 6.5 and 2.5 re ]imMar ]at a royal for a roximate 640 units on 68. acres an a rova o in no•st nificant im act. ocatl�ed h of Bluff's West Second and east of Romewards K0dQ (Resolution No. 79-94 - PUD, Ordinance No. 79-14 - rezoning, Resolution No. 79-96 - preliminary plat) Continued from May 15, 1979 B. Guide Plan Public Hearing (continued from June 12, 1979) Page 1965 C. Request for Municipal Industrial Development Bond ap2roval in the Page 1966 /►1#1D I amount o ,3 0 000.00 or Dona Russ (Resolution o. - S -_cont nue from July 7 Suburban National Bank re Quest to rezone 4.4 acres from Rural to Page 1967 11 i ,f�,'� Office or a an an ice facility, ite s ocat at present €i� s / drive-up facility, 8th Street. (Ordinance No. 79-24) /mow ®SIB Council Agenda - 2 - Tues.,July 17, 1979 E. Schoenfelder PUD request by G P. SchoenfeldeT-for Tanned Unit Page 1985 eve opment concept apgroya or 4 acres zo ns io - rciil an Rural or uses o Commercial Office and multiple 13stdentigI, purposes. (Resolution No. 79-129 . 3 A �(wo F. R uest for Munici al Industrial Develo gnt Bond a royal or Page 2009 b o M er Ene Controls in the amount o O,DO,, (Resolution o, - 6qs+° C. y. ,r /��s�oa° �.,-g eao -�� G. R uest for Munici al Industrial Development Bond approval or Page 2020 IV" ar er- anni in in the amount o 2 eso ution No. � °.°OS.a.yC � 9- sr ero ys , ,aQO `ip�°oar Request for Munici at industrial Development Bond approval or Page 2029 o ertMurrayn the amount 5 00 0OO Reso utton No. REPORTS OF ADVISORY COMMISSIONS VI. PETITIONS, REQUESTS& COMMUNICATIONS A. jest for transmission 'line and substation de 1 t in Eden Prairie Page 1702 'throux the early s, continue from July . Discussion on liabilityfor tem orar si nalization and channeliza ion Page 2038 at Co, Rd. T. 69 an T H, 69 Yo� ech (3� C. Request for approval-of Cooperative Power Association developer's Page 2041 -- agreement VII. 'ORDINANCES & RESOLUTIONS Q�.JG, q A. 1st Readin of Ordtnince N 79--1 ,-anted or ado tioln of Resolution No Page 2047 i79-M RtWishing a o e cs for Officials of the City o !L.= en ralr e. (continued from July3,-7979F- 1. Ind Readi of Ordinance No 7�-l1 rezonin 10 acres from Rural rage 2054 C- ommercia ocated in t e southwes quadrant of Anderson Lakes Parkway and Countyoa r Yalu Shopping Center. an eve oper s agreement, C. W eadi ng of Ordinance No 79-21 rezonin 10 acres from Rural to Page 2071 if Public or E en Prairie sem ies o Churchand developer's agreement D. 2nd Readin of Ordinance No. 79-22 rezonin Lot 1 81ock 3 from I-2 Pale 2084 ar to ura , ors re o nt. i� a / VIIi. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Counci 1 Members 1. Councilman Redpath - Cable TV Page 2085 B. Report of City Manager B C. Report of CiU Attorney CDWKII Agenda - 3 - Tues.,July 17, 1979 D. Wurt�_t of Director of Community Services I. Tree Program Report Page 2087 ;. 2. Senior Citizens Transportation Progrdm Page 2m 3. Milkovich Appraisal -� Page 2102 4. Hidden Ponds Park Sites isms— Page 21 5. Petition of Prairie East residents on pathway connection Page 2109 E. Report of City Engineer I. vat f revised relim na ions for. i Page.2U2 Co. Rd. 18 a Parkwa - ion D. - 2. Change Order No. 1J.C. 51-372 MW MEOXIMLIft C nt Pack 211ii A iin ;fOor,- Bort of finance director Reaffirmation and Asswmptian A9reen6tkfar Cirel Rubbes• P 24 2. .`R s o t a Pulslic Hearin for Munici 1 lmdustrial" Pogo 9120 e o o a it or ra r oe ti:on or August 3., Re uest to set a Public Hearin for Ru igi I u t .�a1 Page 2134 - - ' Development Up nova far an ruc on a or August ZI, 1919 4. Payment of Claims Nos. 4872 - .51 Page' 141 IL NEW DUSINESS L ADJOURNMENT. i UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 19, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Sidney Pauly, Paul Redpath and Dave Osterholt COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; City Engineer Carl Juliie; and Joyce Provo. Recording Secretary INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS . Council requested the following items be placed on the Consent Calendar: VII. A. Ind R ding of Ordinance No. 79-11 rezoning26 acres from Rural to RI-13.5 for ar -u ks & Reynolds and developer's agreement; VII. B. 2nd Readi of ordinance rezoning approximately 3 acres from Panned KETY toPark for Stewart Sandwiches and developer's agreement; t ng o a Pu c ear n or c pa Industrial Development Bonds in amount o , OO for Loyd Millerl Ener Contro s or July , an II. G. l`Sett of aPuublic Nearin r tunic Industrial Deve o nt Bonds n e amounto , .00 or ar er- nnifin ow uy , 1979. Two additional items were added to the agenda as follows: 1) Sett n4 of,a Public Hearin for Municipal Industrial Development Bonds for Robert i�r►a-`fo u 1979 as item III. L., and 2) Request for the City to enter into a purchase arrangement for road right-of-way for Shady Oak as item VIII. MOTION: Osterholt moved, seconded by Edstrom, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES A. City Council Meeting held Tuesday, May 15, 1979 Pg. 4, 2nd para., 7th line, strike "condominiums" and insert in lieu thereof "townhouses". MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the Council meeting held Tuesday, May 15, 1979, as amended and published. Motion carried unanimously. B. Board of Review meetings held Tuesday. May 22, and Tuesday, June 5, 1979 May 22nd minutes - under item 4 insert "Tebelius" after "Charles". MOTION: Redpath moved, seconded by Edstrom, to approve the minutes of the Board of Review meeting held Tuesday, May 22, 1979, as amended and published. Motion carried unanimously. „ i Council ,Minutes - 2 - Tues.,June 19, 1979 B, Board of Review meetings held Tuesday, May 22, and Tuesday, June 5. 1979 (continued) It June 5th minutes - 2nd para., 8th line, insert "Fenzel" after "Wolfgang", MOTION: Pauly moved, seconded by Osterholt, to approve the minutes of the Board of Review meeting held Tuesday, June 5, 1979, as amended and med"blished, Pauly, Osterholt, Redpath and Penzel voted "aye", Edstrom carried. III. CONSENT CALENDAR A. Set Public Hearing for Duck Lake Vista for July 3, 1979 B. Set Public Hearing for Suburban National Bank for July 17, 1979 C. Final Plat approval for High Trail Estates (Resolution No, 79-122) D. Registered Land Survey approval for the Hartford Company E. Final Plat approval for Prairie,East 5th Addition (Resolution No, 79-123). F. Set Public Hearing for Schoenfelder PUD for July 17, 1979 G. Change Order No 1, I C 51-334, petition for road extension H. 2nd Readin of Ordinance No. 79-11 rezoninq 26 acres from Rural to R1-13.5 for a w ar y Fau ks & Reyno s and develaper's agreement ormer y item II, A,j of Ordinance No. 79-19, rezonin 6.8 acres from Rural to 1-2 Park for I. 2nd Readin yIndustrialPark n an ve oper s agreement ormer y item i, J. Setting of a Public Hearin for Munici al Industrial DeveloDment Bonds in the amount o or ov Mm er nergy ntro s K. Setting of a Public Heari for Munici al Industrial Devela nt Bonds in the amount of T.000,000.0 or ar er-Hannifin for u y 9 9 L. Settin of a Public Hearin far Municipal Industrial Develo meat Bonds for Robert rray or u y 9 MOTION: Pauly moved, seconded by Osterholt, to approve items A - L on the Consent Calendar. Motion carried unanimously, IV. PUBLIC HEARINGS A, Community Development Block Grant, Transferring of funds from years 3/4 CDBG to year 5 CDBG t the Senior Citizen Center (Resolution No, 79-118) City Manager Ulstad explained it is a requirement that we hold a Public Hearing when there is a request for transferring funds, and the purpose of this hearing is to designate $6,000.00 to be used for the Eden Prairie Senior Citizen's Center, MOTION: Edstrom moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 79-118, approving amendment of year III and year, IV Urban Hennepin County Community Development Block Grant Application, Motion carried unanimously. Council Minutes - 3 - Tues.,June 19, 1979 B. Eden Prairie Assemblies of God Church r uest to rezone 10 acres from Rural to Public or the construction o a c urc The s to s ocate n the southwest corner of Go. Rd. 4 and DuckLae Trail (Ordinance No. 79-21) Mr. Richard Lundahl, Architect for Eden Prairie Assemblies of God Church, spoke to the proposal and answered questions of Council members. City Planner Enger explained the Planning Commission first reviewed this item at the April 23rd meeting and on May 14th the Commission recommended that the Council consider approval of the rezoning from Rural to Public as outlined in Planning Commission minutes dated May 14, 1979. Penzel asked how the entrance as proposed lines up with I) Duck lake Trail as it exists, and 2) with the potential realignment of Duck Lake Trail that has been discussed historically for an intersection improvement for County Road 4. City Engineer Jullie replied the potential realignment of Duck lake Trail as originally planned sometime ago was to realign it to the north. The project to the east did not come through and now it looks more practical to align Duck Lake Trait to the south for a 90 degree intersection. Fenzel questioned if this proposal provides for the potential right-of-way that might be needed. Jullie responded he does not believe it is shown on any of their plans, but at the time of the actual 2nd Reading, platting or zoning of the subdivision, it could be acquired or an easement taken at that time. Penzel recalled that the triangular parcel at the east side of County Road 4 was actually rezoned and platted, and that we ought to make sure that is clearly defunct or that our road plans continue to align those intersections. Mrs. Stodola, 16691 Duck Lake Trail, stated they would not give an easement to the lake. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing on Eden Prairie Assemblies of God Church rezoning. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to give a lst Reading to Ordinance No. 79-118, rezoning 10 acres from Rural to Public for the construction of a church for Eden Prairie Assemblies of God Church. Notion carried unanimously. Osterholt stated in light of what Mrs. Stodola said, is it necessary to have the easement to the west of Duck Lake to serve the drainage to the site. Jullie replied there is somewhat of a drainage problem now. The proposal was to put a storm sewer in and the church would pay for the cost of the pipe and it would be run into an easement. There is an existing easement along the existing subdivision line, however, it is only 5 feet wide so it would be tough without the cooperation of the property owners'to the south in the platted area. Jullie commented he doesn't think the problem is intolerable at this point, and actually the drainage area will be less with this development than it is now. Penzel asked if it would be satisfactory to route the drainage to the east to County Road 4. Jullie responded he doesn't think the grades will work out right to do that, but will check and see if it is possible prior to the 2nd Reading of Ordinance No. 79-118. MOTION: Redpath moved, seconded by Osterholt, to direct staff to draft a developer's agreement incorporating the recommendations of the Commissions, that the only approval is for the church sanctuary and the parking area, the question of the right- of-way along Duck Lake Trail for proper intersection alingmmment be addressed, and if there is any expansion necessary in the drainage easement it is all taken care of Council Minutes - 4 - Tues.,June 19, 1979 C. Yorkshire Point rezonin of Lot 1 Block 3 Yorkshire Point from I-2 Park to Rural �nan!c o. City Manaqer Ulstad explained at the time the Council considered zoning of Yorkshire Poin%the 2 lots of Mr. Peterson were addressed in the developer's agreement, 1 lot which had the I-2 zoning. At the time the developer's agreement was approveo it was agreed by the City and Mr. Peterson that within a six month period he would begin construction of an industrial facility. Mr. Peterson has not done so at this point and for that reason this has been brought to the Council in the form of a Public Hearing for consideration of rezoning back to Rural. Mr. Peterson spoke on his own behalf requesting the Council allow him to continue with his present zoning of I-2 Park City Attorney Pauly stated the developer's agreement very clearly states within six months of the date of the agreement the owner will commence construction of an industrial building, and the agreement was entered into on August 15, 1978. Mr. Peterson is in violation .of the agreement at this point. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and give a 1st Reading to Ordinance No. 79-22, rezoning Lot 1, Block 3, Yorkshire Point, from I-2 Park to Rural. Motion carried unanimously. Edstrom suggested if Mr. Peterson has any questions as to the interpretation of the developer's agreement that he should consult with his attorney,'then his attorney might consult with City Attorney Pauly if he has questions regarding the developer's agreement. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for Transmission Line and Substation Development in Eden Prairie through the early 1990's Sam Higuchi, Northern States Power, introduced Mr, Donald Chmiel, Staff Assistant, Environmental & Regulatory Activities Department of NSP, who, along with Keith Wietecki, Assistant Manager Transmission and Substation Permits, spoke to the proposal of NSP to construct a 345/115 electrical substation in the City of Eden Prairie. They stated the reason they are before the Council this evening is to receive Council's input as to how they would like NSP to proceed with the MEQB in filing for either an exemption from the MEQB regulation, which would mean NSP would follow local ordinances, or go through the MEQB full process of public hearings where the MEQB preempts all city ordinances. (Request attached as part of minutes), Frank Plourde, Superintendent of Transmission Plan for NSP, outlined the need for a facility of this type to be located in Eden Prairie. NSP representatives answered questions directed by Council members. Penzel asked NSP if they would be willing to pay for an independent consultant who could advise the City of the merits of the proposal and on the alternatives that might be before the Council. Mr. Wietecki commented NSP would be willing to provide some money. MOTION: Osterholt moved, seconded by Pauly, to refer the matter to Staff for a report at the July 3, 1979 Council meeting, at which time the Council will make a decision on what procedure to follow. Motion carried unanimously. Council Minutes - 5 - Tues.,June 19, 1979 VII. ORDINANCES & RESOLUTIONS A. 2nd Read i of Ordinance No. 79-11, rezoning 26 acres from Rural to R1-13.5 for a ow ark by FaulkS & Reynolds and developer's agreement This item was moved to the Consent Calendar (item III. H.) B. 2nd Reading of Ordinance No. 79-11 rezonin approximately 3 acres from Planned Study to - Mark or Stewart Sandwiches and developer's agreement This item was moved to the Consent Calendar (item II1. I.) C. 2nd Reading of Ordinance No. 79-19 rezoning 6.8 acres from Rural to 1-2 Park for Shady Oak Industrial a 2nd and developer's agreement Richard Anderson spoke to the language which he is proposing in item 3 of the developer's agreement instead of what was recommended by City staff, Anderson commented the last time he was before the Council Mr. Osterholt stated he would like to see incorporated in the developer's agreement the continuation of Shady Oak Road from the first addition all the way north to Flying Cloud Drive, The agreement which was prepared by City staff includes the extension and construction of Shady Oak Road from its easterly terminus and extending easterly to County Road 39, and Mr. Anderson feels this is in error because he has no control over that particular tract of land. Mr. Anderson further stated he would like to start construction immediately and hold off on the Certificate of Occupancy until the City's staff has completed plans. Osterholt asked what Staff would recommend. City Engineer Jullie replied the City's engineering consultants, RCM, are working on the plans and specifications for that extension up to Highway 169, and the City can most likely get that under contract. Within probably a month the plans and specifications can be ready to go for bids. It is also possible the City has worked out the right-of-way acquisition from the Dvorak's and if the approval were tied to occupancy at this point in time it seems reasonable. Jullie noted that 11 of those who signed the 1O0% petition would also agree that the cost of the right-of-way acquisition is part of their assessment and they would pay 100% of the cost and that it is an acceptable dollar amount to them. This would be attached as Fart of the agreement so the City can avoid possible conflict at assessment time. Penzel questioned where the Dvorak's responsibility comes in when their parcel develops as they would have a ready made road. Jullie replied the Dvorak's would have essentially no assessments for the road or for any utilities that would go in there. All the cost to the City would be spread against Mr. Anderson's parcels as he has so petitioned. Osterholt commented he doesn't feel that is a fair arrangement and all of the benefitted properties should share in the cost. Penzel questioned if the City could defer costs against the Dvorak parcel until such time as it is zoned in order to avoid the penalties which might otherwise develop. Ulstad replied we have to consider the fact that for improvements it is necessary to hold a public hearing, and in this case we have a waiver of public hearing for those properties that have agreed to be assessed, and that the Dvorak's would not agree to waive a public hearing process because it is through that process tiwy have the right of appeal. However, that does not preclude the Council from deferring their assessment at the public hearing, but that has to occur and might cause a problem for Mr. Anderson because there would be a time lag. 0 Council Minutes - 6 - Tues.,June 19, 1979 C. 2nd Reading of Ordinance No. 79-19 (continued) Osterholt recommended that it be put in the developer's agreement and subsequent to that give each of the property owners some kind of a clarification so that they know they are not being assessed for that share Mr. Anderson's is picking up for the Dvorak property. Further that a statement be signed acknowleding same. Robert Murray explained he is planning to erect another office warehouse on Shady Oak once the rezoning is approved and the impression he had was that when it is zoned he can put up a building. He does not feel comfortable with the occupancy restriction. Penzel outlined the Council and City Engineer Jullie felt we needed the road to Washington Avenue and Shady Oak Road where it presently ends at Flying Cloud Drive and it was the feeling that the connection should be accomplished prior to occupancy of any of the buildings in the industrial park in order to preclude the development of some serious traffic problems which would otherwise exist. It is the completion of the road connections that are being talked about as the limiting factor. Mr. Jullie would hope to have plans and specs within a month and then we would go to bidding for the improvement and hopefully get something into the ground this year. The following amendments were made to the developer's agreement in item 3, page l: "3. Dmner shall not obtain Certificates of Occupancy from the City prior to: A. The Council approving the plans and specifications from the extension and construction of Shady Oak Road from its westerly terminus and extending north- easterly to Washington Avenue. B. City has acquired the right-of-way for said extension, and C. Owner rough grading said extension". MOTION: Osterholt moved, seconded by Redpath, to approve the 2nd Reading of Ordinance No. 79-19, rezoning 6.8 acres from Rural to 1-2 Park for Shady Oak Industrial Park 2nd. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to approve the developer's agreement as amended. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS $ COMMISSIONS A. Reports of Council Members 1. Councilwoman Pauly brought the Council up-to-date on the Highway 212 A v sort' Committee. B. Report of City Manager 1. Discussion on signalization and channelization at County Road 1 and T.H. 169 City Engineer Jullie distributed information on the signals at T,H, 169/Co, Rd, 1, I.C, 51-311, and stated he had invited representatives from the State and County to cane to the Council meeting this evening; however, those chose not to come. Jullie further commented in talking with the representative from the State he referred to another intersection that they researched and found in a two year period when they put in a temporary signal system there were 99 accidents (property damage and personal injury), and after they put in the permanent signal improvements that cut it about in half. Their conclusion was that the temporary signal had a worse accident record than without any signals at all. Council Minutes - 7 - Tues.,June 19, 1979 1. Discussion on signalization and channelization at Co, Rd, l and T.H 169 (Continued) MOTION: Edstrom moved, seconded by Osterholt, to instruct Staff to contact the Commissioner of Highways and the Hennepin County Board requesting their staff persons attend the next City Council meeting, and also to inform the Governor's office of this situation. Further that the similar situation be brought to their attention of the accident on Highway 5 and West 78th Street where 3 people were killed. Notion carried unanimously. C. Report of City Attorney No report. D, Report of Planning Director 1. Charlson Estates developer's agreement MOTION: Osterholt moved, seconded by Redpath, to approve the Charlson Estates developer's agreement. Motion carried unanimously. E. .Report of Director of Community Services 1. Purgatory Creek Options Director of Community Services Lambert spoke to his memo dated June 14, 1979 and.answered questions of Council members. Lambert also explained the Parks, Recreation & Natural Resources Commission at their June IM meeting recommended the Council consider directing staff to contact the aluffrs Company to work out renewal of the option expiring July 31, 1979 to December of 1980 on the 19.12 acre parcel, and let the option run out on the 54.43 acre site. MOTION: Pauly moved, seconded by Redpath, to allow the options to expire and instruct Staff to pursue LAWCON funding. Motion carried unanimously. 2. Master Plan - Bryant Lake Director of Community Services Lambert reviewed the final Bryant Lake Master Plan which will be presented to the Metropolitan Council, and answered questions of Council members. MOTION: Redpath moved, seconded by Osterholt, to approve the Bryant Lake Master Plan as presented by Director of Community Services Lambert. Motion carried unanimously. 3. 1980 LAWCON Grants a. Mitchell•Lake b. Purgatory Creek Director of Community Services Lambert spoke to his memo dated June 14, 1979 MOTION: Osterholt moved, seconded by Redpath, to direct staff to apply for LAWC.QN grants for Mitchell Lake and Purgatory Creek as outlined to mew dated June 14, 1979 from Director of Caumuinity Services Lambert. Motion carried unanimously. Council Minutes - 8 - Tres,,June 19. 1979 F. Report of City Engineer 1. Consider bids for improvements in High Trail Estates I.C. 51-322 esoution No. 9- 19 NOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 79-119, awarding the bid to the lowest responsible bidder, Brown & Cris, Inc. in the amount of $696,797.85 for I. C. 51-322, High Trail Estates Utilities. Roil Call Vote: Osterholt, Edstrom, Pauly, Redpath and Penzel voted "aye". Motion carried unanimously. 2. Consider bids for traffic si nals at TH 5/W. 78th Street and channelization at tche 1 Road/TH , I.C. eso u on No. /9-120) MOTION: idstrom moved, seconded by Osterholt, to adopt Resolution No: 79-120, awarding the bid to the lowest responsible bidder, Brown & Cris, Inc. in the amount of $964,550.03 for I. C. 51-327, T.W. 5/W. 78th Street and Mitchell Road improvements. Roll Call Vote: Edstrom, Osterholt, Pauly, Redpath and Penzel voted "aye". Motion carried unanimously. 3. Final Plat approval for Charlson Estates (Resolution No. 79-121) Edstrom questioned if the plat took off from the sandstone momnnent or the WPA monument. Rich Sathre, McCombs-Knutson Associates, Inc„ stated their surveyor has been working with Hennepin County and he believes Hennepin County has accept ed the older of the two,but cannot speak to the monument that has been accepted. Edstrom stated if they are taking the older one that is to Eden Prairie's advantage. . MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No, 79-121. approving the Final Plat for Charlson Estates contingent on the verification of the monument being the older of the two, and if it is not that this item be brought back to the Council. Motion carried unanimously, 4. Request for the Cit to enter into a purchase arrangement for road right-of- w�or a y oa City Engineer Jullie requested the City Council consider entering into a purchase agreement for road right-of-way for Shady Oak Road, The property would be broken down into two parcels and the total amount is $110,000.00 for 1.58 acre, which is about $70,000 per acre, MOTION: Osterholt moved, seconded by Pauly, to approve the purchase agree- ment subject to City Attorney's review, Roll Call Vote; Osterholt, Pauly, Edstrom, Redpath and Penzel voted "aye", Motion carried unanimously. G. Report of Finance Director 1. Setting of a Public Hearing for Municipal Industrial Develooment Bonds in the amount of 0,000.00 for Lloyd er Energ Contra s or Ju y .`��7� This item was moved to the Consent Calendar (see item I11. J.). Y Cmmcil Minutes - 9 - Tues-oune 1-9, 1979 2. Settirm of a Public ftlLing for ft i 1 I 08t Bonds in We amount o or Parker-41annifin ter July This item was moved to the Consent Calendar (see item 111. M..). 3, 1978 Audit Report William M. McCue, C.P.A., and John E. Fox, C.P.A., whorse firm conducted the City of Eden Prairie's 1978. Audit, reviewed the report with Couneil .'; members and answered questions pertaifting to same. 4. Payment of Claims nos. OW - 4720 MOTION: Redpath moved, seconded by Osterhelst, to approve."Payment of Claims Nos. 4500 - 4720. Roll Call Vote; Rsdpath, Oster'Fit lt, EdstM, Pauly and Penzel voted "aye". Motion carried unanimously. �. XEW li4SIRE55 • 10 new business. � :-.k�tld RNFIENT . GTION: Edstrom moved, seconded by Osterholt, to adieurn, the Ceu'ncil meeti49 at 1'0.-47 PM. Motion carried unanimously. rU NORTHERN STATES POWER COMPANY MINNETONKA DIVISION EKCEL$IOR.MINNi SOYA 6633t June 13, 1979 Mr. Roger illstad, City Manager -City of Edon Prairie MO Eden Prairie Road Eden Prairie, MN 55344 SUBJECT: Transmission Line & Substation Development in Eden Prairie Through the Early 1990's flarbern States Power Company (NSP) is proposing to construct a 34 IIS kv electrical substation in the City of Eden Prairie, aaa described in our letter of March 9, 1979 (copy attached). We would like to inform the city Council of our proposal and to ecpWu the state of Minnesota Environmental Quality Board (KKQB) Imaceas and regulations. NSP no longer has jurisdiction over the location of our transmission lines and associated facilities that are 200 kv or larger. The MEQB now has that authority. Ve would like the City Council's input as to low they would like us to proceed with the PIEQB in filing for either an exemption from the )MQB regulation which would mean NSP would follow local ordin- ances or go through the NCQB full process of public hearings s6areby the MEQB preempts all city ordinances. We would like to meet with you at your convenience at a Council or workshop meeting to explain the need for the project and determine how the City would like us to proceed. Therefore, would you please pot us on the Council agenda so that aye may "-plain how the prucess works and have the Council indicate how NSP should file with the PIEQB. The inforutation on this proposal is preliminary because planning for this substation is far in advance of actual construction and we need to acquire property for this substation before laud is sold or not available. Sincerely, w R. 0. Thomas Ceneral Amager Minnetonka Division VC attacluw*nt UNAPPROVED MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JULY 10, 1979 7:30 PM, CITY IiALL COUVCIL MEMBERS: Mayor Wol#ggang Penzel, Dean Edstram, Sidney Pau1,y, Paul Redpath and Dive Osterholt COUNCIL STAFF PRESENT: City Manager Roger-U15Ud. City:.IWneer Carl Jull.ie; and Joyce Pr'eve* Reeerdinrg Secretary MLL CALL: .All members present. I; TRAFFIC SIANAL & CNANN&IEAT110N ON T.N. 6 AT WEST 7RTH tE'7!T .ACID taMLL;RO NOTION: -Redpath moved, seconded by Pauly, to.aftt 79-130, approving traffic control signal agreement ft,;3 authorizing the Mayor and City Manager to execute such agreemeft.. Motion carried unanimously. MOTION: Edstrom moved, seconded by 0sterhalt, to ado t Resolution, No. 79-131, approving Agreement No. 69667 between.Ind/ *0,•4itj,;f Eden Prairie for roadway traffic channelizatioA faCilitie� tanstru l-otr by the City upon, along and adjacent to T.H. S from 1itchel'1 'bad to 0.5 mile east of Test 78th Street and authorizing th@*--or an4 . City Manager to execute such aunt. II. ADJOURNMENT MOTION: Osterholt moved, seconded by Pauly, to e4jour# the meeting at 7:45 PM. Motion carried unanimously. 77 r z a„ XWAOW Um lain ft&I *, ansamots 55344 July 10, 49" mar to SW4 City Nampr Men PSULI-to C117 Eau Mn Prairie need damr lratria, a m►asota 55,%4 3iW W* U1staft -"- in last *Lot**snag a mon,Pnd.T* ifts"ir dulm 4h*polUisary plat for S set mat,#. `#*0:19tut 'cif furftertd t0 tha c. ty.mil 3`or III "tt",, �. I would like, this plat proposal to br planed :an Ift adm►at:the, Ali Pftiri/ CII;Y Cf=il as soon posaitl. SF �y f e�. - -77 ;:Ie-:4 C eP�z rli �� 44. Tv {,.f/JJ•{�31.-�*.7..•�.�j.�t'�t� „iG/„/'�r//.^`2•'9it"'�R.7�.i.i'ir SG'".� ,/ur-t.�!°yyi ?rr�""�.t+�.d� `..�1�-�F iC�C:-•i J,/ u:[ ,fit �f'� t: v Ij'l • i 77 JUL 1 379 PAUENHORST CORP©RATt�l July U. 1979 llr. Roger Ulstsd, City 34anager City of Eden Prairie 8950 fden Prairie Road 'Eden Prairie, m SSW Re: opus Z RM 74-06 DW Mr. Ulstad.: - The Rauenhorst Ccrrpor �ei©n would to the Pla�t'Of cis Rm 74-m6 on the August 7 agenda 'CiL3r Cat :Palblac hearing and approval. The Planning CoMission considered this item at their Meeting an Judy'S mid-are recomoending approval of the revised PUD a eo' PlAn subject to several stipulated conditions. Thank you for your cooperation in this unatter• Very truly yours, VL Robert A. Worthington, A. P. Director-Planning and Governmental Affairs RAW:lj FF w"VI Olt-US :::"r:�RtKwFS'+[Ru i+a744C.NL CLWiFR a',:.:KRxLBAW:W14 6Fiuu�,lt #t: nrxdsuFa.f!tsa lEt.k :lid! A. 11 July 1979 Mr. Roger Ulstad, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 Re: Public Rearing East h Lot 1, Block 2, (Handball Court Sites) Independent Millwork Properties PQvelnpmertt Dear Ms. Ulst:ad: Please accept this letter as a formal request for the City Council to schedule a public hearing.on the independent Millwork P.U.D. and rezoning request for the handball court site within the Independent Hill- work Properties Development. the site is lfltat ed 'North of 'Nest 78th Street, west of Sahowes Avulevatd« it is our desire that this hearing be as Patat�n as the City Council schedule will permit. if you have any questions, or if I can be of anY assistance, please call me. very truly yours, BRUCE KNUTSON ARCHITECTS, INC. Ste en Yi, SY/mw r=€ 123 east grant/ttlit7tMPO i5/mirw asata/ 5403 A612)8M,7,50 MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Mated, City Manages PROM: Carl Jullie, City Engineer DATE% July 12, 1979 SUBJECT: Specs for Seat Coating I.C. 51-339 Specifications have been- p prepared for seal coating approxisaateiy ten 1ti:Ires Of City streets. The specs require the couttactor p fumIA W d,.•glace a I tvmimons oil and cover aggregate. City craws wil tamplete all pgtairuz °,a Ud Weepin required. The materid3s..to be used will conform to 1AN/#>dll specification No. 2356 for bituminous seat'coating. A.Iitti�Sg of Etne sheet : to..be sealed is on ngi.neeri file in the E 'n$ Dept, office. The .estimated contract cost for this project is $61DjUGO.. Funding hag 'hem itecgremmed in our planning for the City's ov=11 trjMoportjtiojK igWoo jt . proms The proposed schedule for this project is as follows: 7/17 Approve specs and advertiae for bids 9/6 Open bids 8/7 Award contract 9/15 Work completed• Recommend approval of specs and ordering of bids to be received August 6, 19792 at 10:00 A.M. for seal coating project I.C. 51-339. CJJ:kh py ,J 1. ' E MEMO: TO: Mayor and City Council FRAM: Planning Department DATE: June 22, 1979 SUBJECT: Comprehensive Guide-Plan Update We have inserted the new updated information, arld acre-rbtvaing separately the old pages so that you may"compare the changes. . If.yim Have comments an the most updated copies of the Guide Plan, p1esta a0'Wt by July 7 to the Planning Staff so we may prepare a summary of the regoe�sted c nges for,the Council to review at the July 17 Council meeting, 77- The most updated Gurde Plan V.4phi+cs were given to the 1pou c; ftr ha oune 12 Public Hearing in the blue folder. These graphics .ncl,udhfi revised land use plan, transportation plans. parks system p1eir; irnd pr 000 Sewer, artd .water plans.. Other Sh by 11 graphics inc'fuded withfri the owiS1ns1-Bu de Plan 'Update will be revised as necessary prior to *tMi-StIt t to to lOV& pnlitan Council. CE:ds : r 1,case m The City of Eden Prairie began the Guide Plan Update Process in the Ir Fall of 1975 with the selection of Brauer & Associates as consultant planners to work with the City Council, Commissions, citizens and staff to begin the formulation of an amended Guide Plan as required by the State of Minnesota Mandatory Planning Act. The City hosted 5 neighborhood forums from April through May of 197E in order to generate input of citizens regarding the ultimate path of growth for Eden Prairie. Out of these forums, the consultant not only gained basic planning ideas but also interested people who attended 71 further educational meetings held in July of 1976. A rough draft of the guide plan was then drawn utilizing much of the �, information gained at these meetings. Five additional neighborhood meetings were held in October and November of 1977 to present the preliminary plan to the neighborhoods. In early 1978 the consultant and staff presented the preliminary plan to the City Council and commissions at a Joint meeting. The City Council accepted the presentation and held a number of subsequent "workshop meetings" for ironing-out problem areas in the draft. The draft was amended to include these suggestions and copies of the plan in that form have been available since the Fall of 1978. The draft was presented to the Commissions in late 1978 and 1979 and is now before the City Council with recommendations on the changes. Following acceptance and preliminary approval by the Council, the Guide Plan will be submitted to the Metropolitan Council for their review prior to final adoption by Eden Prairie City CQuncil, ... .. ..:.r77i SUGGESTED LANGUAGE CHANGES IN THE GUIDE PLAN BY TH CITY ATMY. 1. Section 5, Guideplan Elements, Page 5-2 Adoption of the Development Plan does not constitute implementation of the recommendations and/or policies contained. in it, rezoning of any land or a requirement that any land be rezoned, within the City, or a determination by the Planting' Commission and/or the City Council that any recommended rezoning be initiated immediately or at any time in the future. 'the deter- ? nation for the appropriate time to adopt by ordinance or other- 7 Visethe policies and recommendations contained herain is subject to further consideration by the Planning Commission and the City Council in accordance with statutory and local procedures govern- ing the implementation of any action contemplated by this development plan. T0: Mayor and Council FRMI John Frane DATE: July 11, 1979 RE: MIDB's Donald Russ - $1,350.000 Attached is the letter we received from Mr. Russ on Tues duly Sri. The Council continued this item to the meeting of Y1uly 17tTti, an idditimall VWished notice is not necessary. Mr. Russ is requesting the Comcil to authorize I;R.'"s in the.ammunt of $1,350.000 to partially finance a multi-tennant OffU4 building.of ksom square feet at Flying Cloud.Drive and Washington Avenue. The pr 4s.# OSt. is expected to be $2,130,000 and is expected to'he occupied by teri businesses. The property is zoned office which is correct for the intended use. Mr. !fuss financial statement indicates a substantial not *orth and he has a background in real-estate managowAt. Imlutt ft #79-72 is attached for your consideration. a i 3205 North Harbor Lane Plymouth, MN 5501 July 3, 1979 Mr. John Frane Finance Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 Dear Mr. Frane: RE: Crosstown Industrial Park Industrial Revenue Bond - $1,350.000 I will be one of the co-owners of five.office buildings to be located on Crosstown Lake, which will be identical in appearance to the Minnesota Protective Building except as to color. Each building will contain 32,000 s.f. The tenants in the first building will be: Gene Smiley Interiors of Minneapolis. Atlanta and Dallas 5,000 S.f. Mais, Inc. of Minneapolis 1,600 s.f. B B Huber of Milwaukee 2.400 s.f. Alexander Smith of Pennsylvania 3,200 s.f. Interior Wood Products 3,200 s.f. Wholesale Lighting 3.200 s.f. Able Arts of Chicago 2.000 s.f. Paul Kaiser & Associates 1.600 s.f. Chesapeake Mfg. Co. 1,600 s.f. Designer's Gallery 2 700 s.f. Total Rentable S.F. s.f. A financial interest in the project has been given to Designer's Gallery. The other tenants will have no equity in the building. The subsequent four buildings at Crosstown lake will house other firms in the furniture and home furnishings field. Kirsch Company is constructing its drapery rod and accessories showroom/warehouse next door to the west. Mr. John Frane July 3, 1979 Page 2 Other firms who will be in the Furniture Mart complex are: Pennsylvania House, BomWeber, Leathercraft, Omni Office Furniture, Mount Airy, Jackson of Danville, Oarnolle Carpeting, Art Masters, Marco Polo's 2nd Trip, Erwin Lambeth, Kemaood Industries (Joe Peshivney Showroom), Baker Knapp & Tubbs and Jon Witticomb Furniture. Our total development at Crosstown Lake will have 160*000 s.f. and will cost approximately $10 million. The rrearlay furniture hart buildings will have over 300#000 s.f. of space at a.value of an additional $15 million. The employment to be gentraUd in this space will be 1,000 employees with salaries.-in excess of million. This is truly a new industry for Eden Prairie, one which we are proud to bring to the City, Yours very truly, Donald C. Russ /mt R .. ., r'.. . .. ...r .,, ......... ..... .. .. . I CITY OF EVEN PRAIRIE, 91NyE$DTA Application for Industrial Development Bond Project Financings 1. APPLICANT: r a. Business Name - Donald C. Russ, an individual 3205 North Harbor Lane Plymouth, MN 56391 b. Business Address - same e. Business Form (corporation, partnership, sole 1a i r- ship, etc.) - an individual d. State of Incorporation ororganization - N/A e. Authorized Representative - Richard.V. Anderson 9WO Valley View Road Eden PCairte, MR MU4 f. Phone - 612/944-6803 - 'Richard W. Anderson 612/ Donald C. Russ 2. NA6iE(s) AND ADDRESSES OF MAJOR STOCKNOWER9 OR PRINCIPALS; a. none b. C. .. 4 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 XV4UM itW Leasehold $ 350,000 Improvements Other soft costs $ 90,000 Total $ 2,130,000 -2- 6. BOND ISSUE - a. Amount of proposed bond issue 41*350,000 b. Proposed date of sale of bond - June 1, 1979 c. Length of bond issue and proposed maturities - 30 years. Amortize in 360 monthly installments with call provision at 180th installment d. Proposed original purchaser of bonds - The bonds will be purchased by one or more institutional mortgage lenders to be determined e. Name and address of suggested trustee - not applicable f. Copy of any agreement between Applicant and original purchaser - none in existence at this time g. Describe any interim financing sought or available to be provided by institutional mortgage lender(s) h. Describe nature and amount of any permanent•financing in addition to bond financing - none 7. BUSINESS PROFILE a. Arq you 1 cated }n the C'ty of Eden Pr i ie? Office building ten ativ ly to be occupied by sixl usiness firms: l Gene Smiley Assoc.; (2} Designer's Gallery, (3} Stiffet 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- I - ii. After this project? The listed tenants will have 113 employees. Approximate aggregate annual sales of proposed tenants from this facility: $2,50D,D0D Length of time in business Each tenant has been in.busirm over fifteen years. in Elea Prairie Designers Gallery has been;in Eden prairies for three years. Do Fan: have plaute iu other. Tcxoationsl' if so, wheet`64 Gene Smiley has operations in iiinneapolis, Seattle, Map, ftlnMi Denver b Dallas Stiffel lamps is located in every city► in the UA. or hats a t*pt give inn same. Minn. 5ketchbok - Ali n"pol is Alms. lnt. MinnsaMlis Minn. Mood products - 5t. Paul Office interiors - Bloomington Aire you engaged in international trade? No, except tenants impart merchandise HER IMMSTRIAL DEVEIAP PROD=(3) List the name(s) and lacation(s) of cstiaer saniilsrial ths . development project(s) in which cite App owner or a "substantial user" of the facilities or a "relented person" within the meaujog of Section 103(b)(d) of the Internal Revenue Code. None -d- 1�l zt b. List all cities in which the Applicant has requested industrial revenue development financing. None c. Detail the status of any request the Applicant has before any other city for industrial development revenue financing. None d. List any city in which the Applicant has been refused industrial development revenue financing. None e. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied• None 77 T' J7 3 f. If Applicant has been denied industrial development revenue financing in any other city as identifier! 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. Noma NAME AND ADDRESS OF: : A. :Agent bl' Mort-gage Broker- Nang , Daaakins, Etrartd A Ekstrom 414 �entier - Minneapolis.,HN SSW Private Placement Purchaser (IP p:rivato Plazemftnt) institutional mortgage lender to be determined 1. If lender will not coWAV until City h passed its preliminary re8aluU*4 A,gPro eta g the project, submit a letter from proed lender that it has an interest in offering subject to appropriate City approval and approval of the Commissioner of Securities. not applicable l b. Bond Counsel - Mackall, Creunse 8 Moore // 1007 First National Bank Bldg. �a Minneapolis, MN 55402 c. A Rix Counsel - H. Gordon Taylor Midwest plaza - West Bldg. Minneapolis, MN 55402 d. Accountant - not applicable 20. WHAT IS YOUR TARGET DATE FOR: a. Construction start - June i, 191J b. Construction completion - October FOR FURTHER INFORMATION CONTACT: The undersigned Applicant understands that the approval Or disapproval by the City of Eden Prairie for Industrial Development bond financing does oat expressly or impliediy constitute any approval, variance, or waiver of any provision ing, building, or ocher rule or requirement relating to any sav or ordinance of the City of Eden Prairie, or any other lam applicable to the property included in this prOJect. 711 00N&D C. RUSS, INDIVIMALLY pp icant ,y Date / - r 11. ZONING - TO BE CogPLETED BY THE CITY PLAA�ING DEPARTMENT a. Property is zoned - Office b. Present zoning (is (is not) correct for the intended use. 0. Zoning application received on for 'which iscorrect for t ,e inter ed use. d. Variances required - None rn City Planner — Enger -8- b 8pprroved , PLANNING COMMISSION MINUTES - 5 - June 11, 1979 ALL MEMBERS PRESENT: 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 5/8179; 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 NATIONA! BANK, request to rezone 4.4 acres from Rural to Office r a ban an o ce 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. ifs. 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 Buildlfrg Heiuht Varianry•nf I and Parking Variance of 11 Spaces. Suhurhan National Bank has a purchase aoreewent 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 Planner expla d that th a nest was for rezoning of an entire parcel without any reques or subdlveis o . Therefore, although there would be a vacant portion of the site it would not be an outlot. Beannan 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 or City Council. approved Planning Commission Minutes - 6 - June 11, 1979 C. SUBURBAN NATIONAL BANK,. .public meeting (continued) Levitt asked whether there was a practical difference between rezoning entire parcel contingent on their returning to the Commission, or leaving 2 acres of this 4.4 acres unzoned. The Planner explained the technical difference - in zoning the entire parcel no public hearing notices are re- quired, and it is purely a timing option on whether they should proceed with a larger building. Landscaping was discussed, and Mr. Jeff Magnuson, Rauenhorst Project Architect, explained in response to questions about the size and calibre of trees, that 3► , calibre trees will be planted which would reach 20 to 25' in height. Levitt inquired what was planned to control-the future traffic problem at West 78th St. and Flying Cloud Drive. The Planner responded that the inter- section is set up for a geometric signal. MOTION: Bentley moved to recommend to the City Council approval of the rezoning of the specifically designed 2.4 acre site, with the additional 2 acre site requiring future zoning, based upon the original plan of 5/18/79 and staff report of 6/7/79, emphasizing deletion of the two corner parking spots at the entrance of the site (no. 6 of staff report). Gartner seconded, DISCUSSION: Martinson the entire site should be approved, based upon the Planner's recommendation that it was good use of the land. Bentley was concerned that since this is not a platting request, technically, the proponent could come back in the future for a building permit. The Planner explained that if the Planning Commission makes the recommendation requiring the proponent to return to the Commission, it will be included in the Developer's Agreement. Gartner felt they had not addressed some of the questions such as paths. Mr. Steve Nystedt, Project Manager for Rauenhorst, explained that the paths within the Edon Prairie Center are controlled by Homart and Powers, and they feel there will. not be much traffic from the Center to this bank facility. The Planner discussed the alternate plan for sidewalks around the Center along Schooner Boulevard and West 78th Street by Homart to various parts of the Center, including a spine sidewalk to this area. Bentley asked whether the Planner was withdrawing no. 1 of the Findings and Conclusions of the staff report. The Planner responded affirmative, explaining he was not aware of the plan by the proponent to return to the Planning Commission with an appropriate site plan for review and approval. Retterath questioned the legal ramifications of not havipg a signed request by the fee owner. Terwilliger explained that an agreement Pis been reached with Homart by letter, and they expect to have the necessary signature soon. s f Planning Commission Minutes - 7 - dune 11, 1179 C. SUBURBAN NATIONAL BANK. . . .public meeting (continued) :. NOTION: Bentley modified original MOTION to move recommendation to the city Council of the request ' the Suburban National Bank to rezone +4.4 arcres from Rural to Office for a bank and office facility, based upon . the original plan dated May 18, 1979; receipt of the ai rted request ty the fee owner; and staff report of Jun 7, 197'9, with the deletion of Items l and 3 and addition of recommendation that MY change in the site plan or addition of another building would require Commission review prior to the issuaoae of a building permit. Gartner Seconded, motion Wried Beaman voting "nay". 11 M'S P REQUESTS 1fI. t:'_sPQRY .III. �1a 1�NESS , IX. OULiM.ENT Retterath moved to adjourn at 10:15 PM., Lewitt secdnded, motion tarri Uuaoimously. 1 STAFF REPORT MEMO: � TO: Planning and Zoning Commission FROM: Chris Enger, Director of Planning DATE: June 7, 1979 APPLICANT: Suburban National Bank of Eden Prairie PROJECT: Office Building and Drive-Up Bank REQUEST: Rezoning from Rural to Office District for 4.44 acres of land. PROJECT LOCATION: The southwest corner of West 78th St. and Schooner Boulevard, bounded on the southwest side by the internal shopping center Ring Route. BACKGROUND: The 1968 existing Guide Plan and the draft 197S Guide Plan Update depict this area as Regional-Service. The Major Center Area Planned Unit Development illustrates this entire area as Regional-Commercial, Highway-Commercial, Regional- Service, or Regional-Office. The site is located in the northeast periphery of the Homart Shopping Center Development area on the site of the existing temporary Drive-up Bank facility. The land use proposed is consistent with the Major Center Planned Unit Development, the 1968 Guide Plan, and the proposed Guide Plan Update. EXISTING SITE CHARACTER The site was graded at the time of original development of the entire Homart Shopping Center site, so that the soil and topography have been prepared for development. The site is largely devoid of any major vegetation, with the ` exception of the ornamental landscaping that has been placed for the temporary banking facility, which exists on the western side of the 4.4 acre site. ORDINANCE REQUIREMENTS Under Subdivision 6.3 Ordinance 135 requires that "Zoning requests will be considered only on the basis of a comprehensive development plan for the entire area to be zoned,•and specific plans for initial structures and site development." Although Suburban National Bank is requesting zoning on the entire 4.4 acre parcel, a site plan and building development plan has only been submitted for 2.4 acres of the site. The proponent has not stated or represented what the remainder of the site will be used for, how it will be used, and how circu- lation and land use will correspond with the proposed bank and office building. It might therefore be most appropriate to only rezone at this time the 2.4 acre site which is currently proposed in detail. f Staff Report-Suburban National Bank Page 2 of Eden Prairie Ordinance 135 in the Office District also requires a minimum front yard setback of 35', with a minimum side yard of 20'. with 50' side yards total,'and 20' rear yard minimum. Ordinance 135 also gives a 301% floor area ratio maximum or a single story building and a 50p floor area ratio maximum for a multi story building, with the maximum height of structure being 30'. In addition to these requirements, City Staff has suggested in the past, and Commissions and City Council have required that uses along major collector roads, County roads, or State roads be set back a minimum of 50'. The Major Center Area Planned Unit Development report states "The MCA through limitation or commercial industrial acreage and phased road and transportation developments will be able to intensify the normal suburban pattern by reducing ground coverage while increasing allowable square footage, thereby encouraging structures of multiple stories which would allow their placement in closer groupings, stimulating pedestrian and transit usage." The three office building as proposed would be a total of 25,500 sq. ft. on a total site area of 2.4 acres or 104,544 sq. ft. for a total floor area ratio of .24, well within the requirements of the Ordinance. The maximum height of the three story building will exceed 30', but is con- sistent with multiple story heights envisioned by the Major Center Planned Unit Development. No pedestrian ways are illustrated in the plan that will tie this site in with the 2 acre undeveloped site to the north and west, or shopping center site to the southwest, or the office park commercial area proposed by Hartford to the south and to the east. The setbacks proposed are within the requirements of the City Ordinance 135, however, the front yard setback to Schooner Boulevard is not the 50' that has been suggested in the Hartford case and in the case of BarMil Search (with the Applebaum's store on the southwest corner of the Homart Development area.) One of the justifications for this may be the way in which the site Plan itself is done. In some other proposals, although parking is not allowed within the front yard setback of 50'. a driving lane of 24' in width has been allowed which brings the effective green area down to 25 or 26'. In this case, a 35' setback is adhered to for parking, driving lanes,and building, so the entire green area is wider in this case than in a similiar case of BarMil Search along Schooner Boulevard. In addition, there are no other uses proposed directly east across Schooner Boulevard from this site because the property is retained in scenic easement as the northernfinger of Anderson Lakes. 7o further mitigate the request for the change from the 50' suggested setback to the 35' setback, would-be the inclusion of heavy land- scaping to screen the parking lot area. Although a landscaping plan has been submitted, it is not acceptable as far as screening parking areas, and a more complete landscaping plan will have to be submitted prior to issuance of the building permit in conformance with Ordinance 178. Taking all of the items into consideration, the Staff does feel that if extensive landscaping is done along Schooner Boulevard and West 78th Street, that the 35' front yard setback should be allowed along Schooner Boulevard. IT)i Staff Report-Sub. National Bank of E.P. Page 3 PARKING According to Ordinance 141, 8 parking spaces per thousand square feet gross floor area are required for banks. and 5 parking spaces per thousand square feet gross floor area are required for office buildings, bringing the total parking required to 144 cars. Suburban National Bank is providing 133 parking spaces, and has submitted a plan which illustrates the additional it spaces to be provided on the site. The Staff does agree that provision of these additional 11 spaces within this exact site configuration, does trim away from the more portions of the site. However, if the bank expands beyond their expected 5660 sq. ft., the need for parking may increase. Since Suburban National bank owns the remaining two undeveloped acres of the site, it seems most appropriate that if additional parking is needed it be provided on that portion of the site. SIGNAGE No signage program has been submitted by the applicant, therefore, the criteria outlined in the Sign Ordinance will prevail. TRANSPORTATION The site as proposed will not require additional curb cuts to Schooner Boulevard or West 78th St., but rather proposes one entrance/exit and one exit only to the internal shopping center Ring Route. This gives the site safe and excellent 4L sight past the access, and with the full development of Schooner Boulevard will provide regional access as well. FINDINGS AND CONCLUSIONS Delete *1. The 4.4 acre site requested for rezoning contains a 2.4 acre site specifically designed and a two acre site which is listed as undeveloped. Therefore, the 2.4 acre site should be considered only at this time for rezoning to Office. Future use on the two acre site may require different zoning and should be reviewed by the City at the time of a specific request. a 2, The use as proposed is consistent with the 1968 Comprehensive Guide Plan, the Major Center Area Report, and the 1979 Guide Plan Update. Delete *3. The site plan as proposed with 133 surface parking places should be approved with additional parking as necessary to be provided on the remaining two acre site. 4. The three story office building should be allowed under the Major Center Area Planned Unit Development. S. The front yard setback along Schooner Boulevard of 35' would be acceptable with no further encroachment into the green area and substantial landscaping to be done according to Ordinance 178 to screen the parking lot areas. 6. The access illustrated to the site is acceptable, however, the first two parking spaces along the northwest side of the northern entrance and exit should be eliminated because of their conflict with entering and exiting traffic. Elimination of these two parking places will increase the entrance magazine on the north side of that road to the identical dimension as 4 41 i77- Staff Report-Sub. Nat'l Bank of E.P. Page 4� is illustrated on the south side of the road. 7. As development plans are illustrated for the balance of the site. pOestri,.an connections should be included between the site$. 8. Signage must be consistent with Ordiance 178. p. All mechanical equipment, whether on the ground or on the building roof, shall be completely screened. fD, Cash 'Park Fee to be paid according to ordinance. *17.. Any change in the site plan, additions or a�dd'itional bu ld4M.would requi:rs raviaw. Thli 14*1_62 Staff would recommemithat the Pi.dnning Commission .recommend approval.of i—R uest for rezoning of a 2.4 acre site from Rural to O'ffit 1}i5tM9irtr .sac to j8 tl of Findings and Conclusions of this report: £EAN As 'pe r Planning Commission meeting of June il, 1479 9 u� _A r� b .,HOT,IV Pam'• ?4-MEv off. AT THt5 Ctr4- xQ.� { i i,t ! q f{is 6.114i3 4 \ + YVA of an E tit t 1 SW ROMW RANK Of t"A fit"dE +' •••• C9iA t„1 N ritAUUt.WJK .,, ;= hw;.aEb fit;ifm J{i)L• -IT 6flt IKAN :nn 4l 2d iN lt"i•t4NNiA:•1l W/ba1WLL 6raM 11a1,ar.w Awi•a..•awa.WfVLM�nsn.Mt.tW 11Vx1iv p•Ra\via•YWAO.tOa}ylVi WtINaYM�Ya WwaM Ml�itlNW7KAP h J •N MI�lO1tANDt1l�t Parks, Recreation and Natural Resources Commission t FROM: Bob Lambert, Director of Community Services DATE: June 1S, 1979 SUB.IECT: Development Proposal Check List MMECT: Office Building and Drive-tm-Bank PRtiPOIVNIC: Suburban N•ttionol Bank of Eden Prairie RI:Q,IliST: Rezoning from Rural to Office District for 4.44 acree ltk:tTIOS:- S.W. corner of Nest 78tb St. and Schooner Slvd_ &XIT ROM); See Planning Staff•Report of June 7, 1979. t:llMMIST: 1. Adjacent to parks? (Neighborhood, Community, Regional) Rogianal-Andorson Lakes Affect on park: No affect on park, Schooner Blvd. separates site from scenic easement area of park. Adjacent to public xatcrs? No Affect on waters: N/A t. . Adjacent to trails? Bike trail along Schooner B1v4pn on —of rand to be constructed by Ilartford. of trails: (bike, multi-use, transportation, etc.) Construction: • (asphalt, concrete, woad chips, aglime) Width: Party Responsible for construction? Landoh-nership: (dedicated, density tradeoff-, etc.) IvIle of Development? (residential, commercial, industrial) commercial him-re will CASH PARK FEE go? (what neighborhood) 'N/A `.4•4rJ for a mini-park? No . ; 1 _y_ S. REFERENCE CHECK: a, Major Center Area Study: Consistent with the MCA Study b. Neighborhood Facilities Study: N/A c. Purgatory Creek Study: N/A d. Slroreland Planagement Ordinance: See Planniwg Staff Report o. Floodplain Ordinance: NA Guide Plan: See Planning Staff Report g. Other: G. Existing or peradi.ng assessments or taxes on proposed park property: NlA 7. CASH PART: FEE? N/A Preserve PUD S. Adjacent. neighborhood type, and any neighborhood opinion voiced in favor or Against proposal: ---- 9. Number of units in residential develoluuent? — Nwnlxr of acres in the project? a a �r,ec L1tn_lre:rraa+so�1; Special recreation space r"juircments H/A 10. STAFF Rli('0%L%1iI.,'IIATlONS: Re end alrirreval aceordinn to Pla+aylin �� REwort of June 71 1979. r RAUENH:ORRT CORPORATION Wy 22, 1979 Mr. Mris fer, planner City of Eden Prairie 89SO Eden Prairie ]toad Eden Prairie, M 55344 hear Orris: With regard t0 our rezon r@q1 St i 0r,thg Subu E t ► S2utic of Eden Arai i e, we have further a iyzed tim parkin needs of the proposed facility. At this AM ve tvmsld 1�e to withdraw our request for a parking v;r=a 11 spasm 9# _ we would be allowed to provide these 11 spaces mlg if the nud �.. should arise at some later date. 7be spaces cod be pmvR:deel an the site, but they would be, in our opiuiw, 4etrimatpl to the overall site plan which has been develope& For this reason, and our opinion that the parking will not be needed CU explained in our previous submittal),we do not wish to provide the additional spaces unless absolutely necessary. We have submitted a revised site plan ind�g.where the additional parking spaces could be provided. If you have auy quntions or need any additional information, please let me know. Sincerely, Michele Foster Govenwntal Affairs Coordinator- MF/l "a EMELU1.VL LN 1ICLS 221N NORTHWESTERN FtNANGAL GENTOL FSMM*MEG AVINK WUUL MU 19., ,( 1 . ZZ RAUENHO:RST CORPORATION AV 19, 1979 W.Chris Engez', City Plamw 3tp of Eden Prairie 89 Eden Prairie Rd. Sda Prairie, MN 55344 Door Chris: - Oh behalf of the S hmbm t Associates aid to UW$0.,ftbW $ink of Plan Prairie, Rauedarst CorporWon_wt�oC A like to pest approval of a rezoningfrom� to ��e iZt,,# 'fo Pendt Vie, deaFel t of a ba offfice building a4i A dri -in bm** , facility Wirth of the Eden Prairie Cenftr. We 400 APPr►'jUl of two variances included as part of the d� yins. Attached is a development summary bxluding our Tatiom as to the approvals requested. We are submitting the application d aPpnpriafie plans for review. The City is authorized to eruct the necessary "ate developamt sinus"on the site. We wou9.d appreciate C=ideration of onr, regUesu at the June 11 meeting of the Planning Commission. Sincerely, Michele Foster. • Governmental Affairs Coordinator k IiF:1j Enclosure ?, es«w+vt pct¢cs?:au wogtrwc9rcnw tuuMtral CLNttp,7100 YL'Mkti AYCMIit fC�IN.�tM �Cl1�ggpjx 11rt��t 4 DOVEIMENP SL Mr1R1, Suburban National Bank Building -• City of Eden Prairie Applicant/Developer: Suburban Associates Suburban National Bank of Eden Prairie Eden Prairie Center Eden Prairie, MN 55344 Contractor: Rauenhorst Corporation 7900 Xerxes Ave. S. Minneapolis, MN 55431 Land Owner: Homart Development Company 925 South Homan Ave. . Chicago IL Location: The overall site is a 4.4 acre parcel located at the intersection of W. 78th Street and Schooner Boulevard, just north of the Eden Prairie h .. , Center. 1 Legal Description: Block 1, Lot 1, Eden Prairie Center Addition Proposed Development: The proposed development is a three-story, 25,500 square foot bank/office building with a drive-in banking facility. Suburban National Bank will utilize approximately 5,660 square feet, and the remainder will be office space for lease. The building will be brick, glass, and spandrel panels. Regional Relationships: The proposed development will be in-keeping with the commercial nature of the Eden Prairie Center and surrounding land uses. A temporary banking facility is currently located on the site. The development is also in conformance with the Major Center Area Plan and the City's Comprehensive Guide Plan. -Existing Transportation System: Major access to the site will be from existing access points into the Eden Prairie Center off W. 78th Street and Schooner Boulevard. No additional curb cuts on these two streets are requested. There will be one entrance point into, the site and two points of exit. Approvals Requested: 1. Rezonin from Rura3 to Office. As stated above, the proposed rezoning conforms to tne long-term IETd use plans of the City for this area. The specific development being proposed would provide an appropriate as well as high quality use on the site. to Development Summary Suburban National Bank Building Page 2 Z. Duilditnt�Height Variance of 10 Feet. The Office zone petmits a builaing h t 'The"proposp�a d building would be 40 feet in he3;ght. The ikjor Center Area Plan encouraged high-rise or mediuo-rise office developmft. The variance can be justified on that basis as U as its minim l impact on the surromuting area, and its spp vpr atensss for the specific site. $. Parkin Variance of _11ces qui . The zoning rered sion 01 1 s.ppaar ing space 3abe plans as pressed.old.'prnvide. 1 �ces, i'lte barks experience indicates that a large sharer of the bm*ts Customs will utilize the drive-in.facility snd thereftre sssrt the need to meet the 8 spaces per 1000 square fbot.pxrUmg:stm,-daTdftr banks. The proposed plan does Met and eo7del7�k�tg requirement if the bank mere treated as an office mm. ltauolumt has had experience in other mrmi-des,vli h the:Mw1opment of bmWoffice buildings and driver-in i, 'ahrW:damm' in Urn different commmiti-es are s nnnaris „tom a sitd h .,1tt~ 411. three cases, she,local mdn ordinanm or or 10110 square feet of floor area. in am can ,a variance fish the Wcement was granted. Recent.discussions�ri'sh ; w4sum, icaate that they have not experienced any parking.prdAems .0 th tdi-201 of their business conducted th=gh dr,%V_iU i at 7 i Cy'. heaviest traffic occurs when parking for the office=needs are divinisho:. Based on these experiences, we feel the additional 11 spaces will t - be needed and the variance can be justified. Requiring the Additional spaces would impose a hardship on the developer. IF:1 j S,1'18J79 �`�'171� i First western Rldgeda2e Md- mar ca Bm* State '6n* .: k Comwdt!r St. Louis Park Mimeteda *mOta heights Year t 1972 Chides Conrsutwtion x i _. Tatsl. SS,020 s.f. 23,200 s.f. C> 12,400 s.f. 4r000 s.f. �x 32,:620 s.f, 22,20Q 8, . 20, t3 4,f. 'm lies fi fr O.W Aft guiremetats Beaks g Say. Iastit.: Offtca: 10 spaces 'M ks rr si . ITrs�at ;',r i space per 200 s.f. for the farms per.30, a.f of gross floor area. s.f.. 1 sd.W. &,4'flwr'4m 250 s.L of grass floor axes over 1000 s.f. nber RuixeFl 275 92 79 x Fred 233 94 8 (,PPkIag u�tded far build ianCe 42 ---- .. 1 raj 9 k , . t t fill thk 1, � m • w suour+e w um of EDEN awns ;.. •� s W1 L�1�,d 7 U y,�,,�,'�y7 pC1'� E°E" ..MO,SITE PLAN �;* t�tuc,ra,d.�.,reras ayy1,.0 `_- 4` ar.amn.urrr..mw.,�,.wru ee.»pirwww.aa xo wn.m..u.a..rwaauamm�e•sr aan rrrl lw•a./.aw.W.w•.•M6•.....,.ar tr Minutes--Parks, Recreation & -approved June 18, 1979 Natural Resources Commission -2- t' 5 MEMBERS PRESENT: Richard Anderson and Carlson absent None had been given. Mr. Cardarelle, 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. Carderelie 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 unci of Duck Lake Mists 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 wanted to avoid the potential for creating traffic patterns that force people to drive, as in the Southdale area. 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. f Minutes--Parks, Recreation b approved June 18, 1979 Natural Resources Commission -3- I+OTION: Kruell moved to reccomend to the Council approval of tTie proposal requested by the Suburban National Bank of Eden Prairie, as per the staff memorandum of June 15, 1979. Dave Anderson seconded the motion, which passed unanimously. c. Schoenfelder P.U.D. MOTION: Johnson moved to temporarily table this item, since they lad no representative present at the time to answer questions. Fifield seconded, and the motion passed unanimously. 2. Round Lake Park Development Lambert wanted to bring the Commission up to date on the proposed development at Round Lake Park. Fifield asked where the road was to go through the park. Lambert showed him on the map attached to the memorandum, that it enters the park south of the proposed parking lot and continues along the north shore of the lake. No action required. 3. Park Bond Committee Lambert reported that the council had appointed Councilperson Paul Redpath as a representative from the Council to the Park Bond Committee. Dave Anderson told the Commission that the School Board planned on making their committee assignments at the July 9, 1979, meeting, and they probably would appoint a committee representative at that time.Carolyn McNulty also offered to act as an advisor to the appropriate sub-committee, but could not committ herself to be a member of the committee. He also noted that the entire School Board wished to be notified of future committee meetings. MOTION: Johnson moved to appoint Dave Anderson as the Parks, Re—creation and Natural Resources Commission Representative to the Park Bond Committee. Tangen seconded, and the motion passed unanimously. Dave Anderson accepted, stressing that each Comnissiorier has an interest and should attend meetings as often as possible. Wednesday, June 27, 1979, was selected as the date of the next meeting of the Park Bond Committee. They will meet at 8:00 P.M. C at the City Nail. A letter will be sent to all members, to the School Board members,including the two new members, and to Carolyh McNulty. P Minutes--Parks, Recreation & approved June 18, 1979 Natural Resources Commission -3- 5 MEMBERS PRESENT: Richard Anderson and Carlson absent MOTION• Kruell moved to recComend to the Council approval of the proposal requested by the Suburban National Bank of Eden Prairie, as per the staff memorandum of June 15, 1979. Dave Anderson seconded the motion, which passed unanimously. c. Schoenfelder P.U.D. MOTION: Johnson moved to temporarily table this item, since they had no representative present at the time to answer questions. Fifield seconded, and the motion passed unanimously. 2. Round Lake Park Development Lambert wanted to bring the Commission up to date on the proposed development at Round Lake Park. Fifield asked where the road was to go through the park. Lambert showed him on the map attached to the memorandum, that it enters the park south of the proposed parking lot and continues along the north shore of the lake. No action required. 3. Park Bond Committee Lambert reported that the council had appointed Councilperson Paul Redpath as a representative from the Council to the Park Bond Committee. Dave Anderson told the Commission that the School Board planned on making their committee assignments at the Jul, 3, 1979, meeting, and they probably would appoint a committee representative at that time.Carolyn McNulty also offered to act as an advisor to the appropriate sub-committee, but could not committ herself to be a member of the committee. He also noted that the entire School Board wished to be notified of future committee meetings. MOTION: Johnson moved to appoint Dave Anderson as the Parks, ecreation and Natural Resources Commission Representative to the Park Bond Committee. Tangen seconded, and the motion passed unanimously. Dave Anderson accepted, stressing that each Commissioner has an interest and should attend meetings as often as possible. Wednesday. June 27, 1979, was selected as the date of the next meeting of the Park Bond Committee. They will meet at 8:00 p.m. at the City Nall. A letter will be sent to all members, to the School Board members,including the two new members, and to Carolyh McNulty. DEPARTMENT OF TRANSPORTATION ;•` 320 Washington Av. South Hopkins, Minnesota 55343 HENNEPIN 9353381 June 20, 1979 Mr Chris Enger w; Planning Director i a City of Eden Prairie 8950 Eden Prairie Rd Eden Prairie MN 55344 Dear Mr Enger RE Proposed Plat - "Schoenfelder POO - Revised" CSAH 39 - NE Quadrant TH 169/212 Section 12, Township 16, Range 27 Hennepin County Plat No 737 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: - The revised plat did not correct our concerns reviewed on May 9, 1979. As a review on the revised plat. I'm repeating the recom- mendations from the May 9 letter. - The developer dedicate an additional 17 ft of right-of-way making the right-of-way 50 ft from the center of County Road 39. - I-Ath existing conditions, the proposed public street access opening onto County Road 39 does not meet minimum sight distances for the posted 35 mph. Any new access or revision of an existing access an a County'road requires an approved Hennepin County entrance permit. See our Traffic Division for entrance permit forms. HENNEPIN COUNTY on equol oppodunfty einplopet .. fr Schoenfelder PUB - Revised Page 2 - All proposed construction within County right-of-wary requires an approved utility permit prior to beginning CMtruction, This includes, but is not limited to, drainage and uti.lfty Construction., trail development, and landscaping. See pctr kiairrtena:nce iJivisian for utility permit forms. - The developer must restore all areas disturbed dtrigq construction within County right-of-hay, Please direct any response or question§ to Les tieigelt. Sincerely James M Wold, PE Chief, Planning and Programming Jf44/LDW:bg A EDEN PRAIRIE PLANNING COMMISSION MINUTES approved MON:DAY, JUNE 11, 1979 7:30 PM, CITY HALL COMMISSION MEMBERS PRESENT: Chairman William Beaman, Liz Retterath, Matthew Levitt, George Bentley, Hakon Torjesen, Virginia Gartner, and Oke Martinson COMMISSION STAFF PRESENT: Chris Enger, Director of Planning Donna Stanley, Planning Secretary PLEDGE OF ALLEGIANCE - ROLL CALL I. APPROVAL OF AGENDA MOTION: Bentley moved to approve the Agenda as. published. Retterath seconded, motion carried unanimously. II. APPROVAL OF THE MINUTES OF MAY 14, 1979 The following corrections were requested: Pg. 5, para. 5, sent. 1, delete "Beth"; add "Pat". Pg. 6, para. 6, sent. 3, add "to the" after "Access as near" MOTION: Gartner moved to approve the Minutes of May 14, 1979 meeting as Published and amended. Bentley seconded, motion carried unanimously. I. MEMBERS REPORTS Gartner reported briefly on the status of the Highway 212 Task Force. Dearman extended the invitation to all present to attend the public hearing on the Comprehensive Guide Plan Update scheduled for June 12th. IV. REPORTS AND RECOMMENDATIONS A. SCHOENFELDER PUD, request by G.P. Schoenfelder for Planned Unit Development concept approval for 46.3 acres zoned Regional-Commercial and Rural for uses of commercial, office and multiple residential purposes. A continued public hearing. Mr. Dick Knutson, McCombs-Knutson Associates, Inc., addressed the flow of traffic they anticipate from various directions, noting that very little traffic was expected off of County Road 18 and to Valley View Road. Knutson further addressed the concerns expressed at the former meeting on grading and removal of trees. He explained there would be minimal grading and the large, mature oaks located on the site would be saved. If their request was approved by the Commission tonight, they would come back with the preliminary plat and grading plan. He explained that the land uses on the revised plan were similar to the suggestions of the Staff. with the exception of the three lots bordering the Valley View Road inter- change, where they show Highway-Commercial and Regional-Service. 0 approved Planning Commission Minutes - 2 - June 11, 1979 A. SCHOENFELDER PUD,. .continued public hearing (continued) Mr. Rick Sathre, McCombs-Knutson Associates, Inc., explained that they were aware of the need for review by the Planning Commission and the Watershed District regarding the grading. The Planner explained that prior to any development on the project, an Environmental Assessment Worksheet would have to be done,along with the preliminary plat. Access of service road to Valley View Road would have to be worked out with the County and City as part of the preliminary plat request, in addition to coordination with the landowner to the north in order to make sure that the'road system would work. He explained that the request tonight was for approval of land use only. Beaman requested that the letter received from the Minnesota Department of Transportation dated May 23, 1979,regarding the stated need for hoadway improvements in this area, be made a part of the Minutes of this meeting. Torjesen expressed concern that in approving the request submitted, the Planning Commission will be also approving the filling in of flood plain . Bearman felt that if the PUD land use plan were approved, the proponent could come back and ask for rezoning of a portion of the site. He noted that if a mistake were made on lot 1, it would be very difficult to correct the rest of the lots. Levitt inquired what the size of the lots were anticipated as. The Planner responded that they are indicating lots of 2 to 3 acres, with Regional- Service uses such as a restaurant, Target or K-Mart, or health and sport facility. He explained that Highway-Commercial size lots run smaller, about an acre, and would be appropriate for uses such as a fast food restaurant. Bentley felt it was impossible to separate PUD approval and grading, and it would be difficult to deny a different use if the proponent requested it after the PUB approval. Torjesen noted that the Guide Plan Update indicates residential, and felt that approving the concept would create a situation where there would be no residential as called for in the Guide Plan Update. He asked whether in the Guide Plan stage, the access should be workable or be just a schematic plan. The Planner responded this PUD plan is more specific, as far as land use, but he does not feel an access has been shown in a workable place through the grading plan, and feels that it should be. Knutson explained that they have met with adjoining owners. Mr. Paul Enblom, 10610 Valley View Rd., landowner to the east, explained that they have not decided how to use their land, and are not in agreement with the proponent's intended use of the site. The Planner explained that access to the east would be desirable if the property were to be developed as high density residential. 0 approved Planning Commission Minutes - 3 - June 11, 1979 t A. Schoenfelder PUD . . . .continued public hearing. (continued) Beaman inquired what amount of traffic would be generated by the project. Knutson responded that they were unsure. Beaman asked about'the extent of the cutting of the hill. Knutson explained it would be approximately 8', and the lots would have to be above street level. Knutson responded to a further concern by Dearman on the reason for the " proposed filling of 20% of the flood plain. He explained that this would be the maximum amount according to the DNR, and was needed in order to build on one of the sites. He suggested trade-offs by the Watershed District as a solution. They have not connected the Watershed District as yet. Mr. Frank Smetana, 768D Smetana Lane, expressed dissapproval with the pro- posed land uses,&the grading plan which included cutting of a hill and removing of trees. Smetana also noted a Section Number error in the legal descriptibn on the mailing notibe he had received. Mrs. Marilyn Heath, 7665 Smetana Lane, explained that they are located 80D` from the hill that is being proposed to be cut, and would like to appeal to the Commission for the owners of the 12 residences that feel they would be affected and maybe forced out of the area. She suggested commercial develop- ment close to the highway, with the residential as a buffer. Beaman noted that according to the Smetana Lake Study, the area north of Valley View Road was designated for high density residential. The Planner explained that he has visited the site, and noted there is an obvious land form that could provide an area for residential. The Staff is comfortable with highway uses proposed by the proponent. Levitt inquired how commercial can be put along the highway without considerable grading. The Planner explained that they are not using the back'slope to the highway. Traffic was a major concern of the Commission, with the Planner anticipating approximately 9,000 average trips per day, based upon general commercial figures- 200 trips per acre. Enblom re-stated their concerns as 1) Filling of the flood plain 2) Removal of tree coverage 3) Access road to the west. Mr. Gary Kostecka, 10805 Valley View Road, commented that he was not against the concept of the development, but was concerned with traffic increase, the realignment of Valley View Road, and 20% filling of the flood plain. Gartner asked whether the owner to the north had been contacted regarding an access. The Planner responded affirmative, but have not worked out access or time frame for an access, although both agree on the necessity of an access. approved Planning Commission Minutes - 4 - June 11, 1979 /- A. 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 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 committment 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, B. DUCK LAKE VISTA, request by Pierce & Associates to rezone approximately 20 acres from Rural to R1-13.5 and preliminary platting of 31 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. fir. 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 dron!�inn 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.1evel. 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. i ROBERT SEUTEL \ ATroR"Ity AT LAW RICE CREEK CENTER • 2124 SILVER LAKE ROAD NEW BRIGHTON.MINNESOTA 55112 16/21633.6636. May 24, 1979 Planning Commission City Council _City of Eden Prairie Eden Prairie, MN RE: Planned Commercial Development North of Valley View Road Ladles and Gentlemen: Mr. and Mrs. Gary Kostecka have consulted me regarding your con- sideration of development of a 46 acre parcel across from their alley View Road. They have two main concerns, the property on V first being the potential for adverse environmental impact on of the Nine Mile Creek Watershed District. Smetana Lake and the rest Their second concern 3s the likelihood that their land may be seized for a relocation of Valley View t Road nd tto benefit no the developers of this commercial property. these matters have been made yet, so let me raise the following issues for your consideration: 1. Does the proposed development comply with the requirements of the Nine Mile Creek Watershed District? Has the District reviewed the proposal? the�proposalHas etoinnesota determine ei stment oeffectf Natural onpublic Rwaters? reviewed 3. Has Hennepin County reviewed the proposal to determine its responsibilities for development of Valley View Road? ty Council been to determineethenneedtfornanrEnmental vironmenntali consulted impact Statement? 5. Does fairness require that land for relocation of Valley View Road be taken from the landowner who 3s the chief beneficiary of the improvement, rather than from homeowners who will only receive additional burdens? I would appreciate receiving a copy of the Environmental Assessment Worksheet which I presume you have drafted for this proposal. Sincerely, Robert Beutel Attorney at Law RB/geg Minnesota Department of Transportation District 5 2055 No. Lilac Drive oa Golden Valley, Minnesota 55422. May 23, 1979 Mr. Chris Eager Planning Director Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 in Reply Refer To: 315 S.P. 2763 T.H. 169/212 Plat Review of Scboenfelder Planned Unit Development located in part of the Southwest Quarter of the gauthwest Quarter of Section 12, Township U6, Range 22, in the City of Eden Prairie Hennepin County Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the pleat acceptable for further development with consideration of the following comment: This development will contribute to the need for roadway improvements in the area. These improvements will be needed mainly on the County Road. our staff has talked to the Hennepin County Department of Transportation staff and we are in agreement with the comments they will be transmitting to you. if you have any questions, please contact our District Layout, Research and Development Engineer Mr. 1. S. Katz at 545-3761 extension 150. Thank you for your cooperation in this matter. Sinterl , W. M. Crawford, P.E. District Engineer 1 cc: Charles Weaver Metropolitan Council eGary Backer Hennepin County Surveyor's Office Doug Matson Hennepin County Dept. of Transportation An Equal Oppm umiry Euj4ayff approved Planning Commission ftinutes - 3 - May 14, 1979 ALL MEMBERS PRESENT A. Eden Prairie"Assemblies of God Church. . .continued Public Meeting (cont'd) MOTION: Bentley moved to recommend approval of rezoning of 10 acres from Rural to PUBLIC for construction of the Church per staff report of April 12; 1979, information dated May 11, 1979; letter dated May 8, 1979 received from Hennepin County Department of Transportation; and with the additions to the staff report of No. F: Additions to or major changes in the proposed plan would require Commission review prior to building ft mit issuance; and No. G: Construction of permanent active recreational use not be sited south of the parking lot. Retterath seconded, motion carried unanimously. B. STEWART SANDWICHES, request to rezone approximately 3 acres from Rural to 1r-2 Park. The site is located west of the present Stewart Sandwiches building at 16101 West 78th Street. A continued Public Meeting. Mr. flax Kettlewell, Stewart Sandwiches, presented the revised first phase building program for the four year expansion program which they have done and are submitting tonight. He explained that Stewart Sandwich is on a 15% growth rate and they have presently outgrown their present site. The need for the variance for outside storage would be eliminated through their building program, and they are adding a wing wall and shrubbery for screening ' purposes. Mr. Petrulo, Vice-President - Operations for Stewart Sandwiches, explained that their intentions have been submitted in the letter dated flay 9, submitted with the revised plans. Levitt asked whether the Planner had any comments on the updated plan. The Planner responded that the phasing plan was excellent, and he felt it was important that they included the wing wall. He commented that the reason for. the variance previously requested was no longer present. MOTION: Bentley moved to recommend to the City Council approval of the request for rezoning of 3 acres from Rural to I-2 Park, subject to revised plan of May 8, 1979, staff report dated April 17, 1979, and letter dated May 14, 1979 received from the Minnesota Department of Transportation. Gartner- seconded, motion carried unanimously. C. SCi10ENFFLDER PUD, request by G. P. Schoenfelder for Planned Unit Development Concept approval for 46.3 acres zoned Commercial and Rural for uses of eonme,rcial and office purposes. A Public Hearing. Hr. Rick Sathre, McCombs-Knutson Associates, Inc., presented overlays of the location, egisting land use, and pointed outthe soil types, sloped areas, and explained thataccess from all eleven sites is obtained from Valley View Road, and that no other access is anticipated to the West. but feel they can work with the staff reconnrendations by slight adjustments in the grading and alignment in order to gain sight distance. He discussed dedication of approxi- mately 11 acres out of the 46 acres as public open space, of which about 8 of the 11 ares was located in the flood plain, and that fill from one part of the site fall he used in the northern part of the site. They are proposing about 20 tilting of the flood plain. because the economics indicate building in that area, aad they are contacting tile. PUR and the Watershed District, if the City approves their plan. 6 approved Planning Commission Minutes - 4„ May 14, 1979 C. Schoenfelder PUD. . . Public Hearing (cont'd) Discussion took place on sewer facilities; public inprovements would be petitioned for. Bearman inquired whether there was road encroachment into the flood plain. Sathre responded affirmative, but it would be included in the 20'p proposed fill. Bentley asked whether installing the sewer from the north would constitute development of the property beyond the staff report indications? Sathre, in referring to the staff report, indicated that the client would elect to petition to develop the entire road to the north and would participate in paying for it. The Planner explained that if the south part of the road is constructed without the knowledge of the property owner to the north, it would create a landlocking type of a problem for that dwner. Bentley questioned whether it was normal procedure to build the sewer down through an area where there is no road as yet. The Planner explained the sewer could be put in where a projected road will be. The Planner explained that the Planning staff is concerned that there is no framework for land uses, and referred the Planning Commission to the suggested land uses outlined in the staff report. Bentley inquired what the City's present position is regarding the filling of flood plain. The Planner responded that according to the Flood Plain Ordinance of the City, any fill does require a permit. The City has usually agreed to the recommendations of the Watershed District on the amount of encroachment allowed in a project, which could be from 15% to 2%. as related to the water storage capacity. Levitt pointed out that the land is presently zoned Regional-Commercial, and what would prevent the proponent from developing presently. The Planner explained that platting would be necessary, and he felt that the Comc,u rcia]- . Regional zoning is not the appropriate zoning category which they are proposing. Martinson•inquired whether the proponent had spoken to the resident to the north about the road. Sathre responded negative. Torjesen asked the proponent how lie felt about the staff recommendations. Sathre responded that their proposal is-very conceptual at this time, and that they are working with the Staff to better define the uses. Bearman questioned how much of the hill they propose to cut down to meet the elevation of Valley View Road. Sathre responded about 20' of the hill would be.cut to achieve a plateau effect. i Planning Commission Minutes - 5 - May 14,-1979 C. Schoenfelder PUD. .Public Hearing (cont'd) Sathre responded to other general questions on the proposal. Mr. Paul Enblom, 10610 Valley View Pd., explained that the 17 acres to the east is owned by his wife, himself, and is in estate, of which he is trustee. He requested being notified of all the meetings pertaining to this project. He expressed concern with removal of any hill tops, and also with filling of the former creek bed, which they felt should be storage area. Enblom objected to the removal of substantial tree cover, but was in favor of a trail along the creek. The Planner discussed the access road to the Enblom property, which was suggested by the Staff, in order to avoid landlocking the Enblom property. Retterath inquired about the types of wildlife present in the area. Enblom responded that the area is full of all types of wildlife, including deer. Mr. Frank Smetana, 7680 Smetana Lane, described the solid mass of white oak trees located on the site, and objected to the cutting of the hillsand removal of these trees. Mrs. Pat Kostecka, 10805 Valley View Road, objected to the filling proposed, explaining that when you fill in one area and increase that property, it takes away from another area, which in this case would be their land. She felt that plans had to be made now to widen Valley View Road, rather than have the City come back later to accomplish this. The Planner explained that the Comprehensive Guide Plan Update shows a re- alignment of Valley View Road, but he does not see it happening in the near future. He feels the present proposal is too general to give any indication of traffic projections to the east. The Commissioners discussed whether in approving the conceptual plan, they would be approving the plan for mass grading. They expressed concern that they were unclear as to what is being proposed. The Planner explained that after EAW approval, the proponent could proceed with mass grading and develop- ment of the road so they can proceed with sale of lots. We are unsure what is being proposed. Sathre responded that they wanted feelings on the land being used for Commercial, and that they are looking for conceptual approval, after which they will proceed with the preliminary platting. As far as the mass grading referred to, he explained they would need DHR and Watershed District approval before this could be done, and they would appreciate.the Commission's comiwnts and will try to solve these problems. The Planner discussed the Land Alteration Ordinance in response to Clartner's question on whether there was any limit to how much could be cut off the top of a hill. He explained that under this Ordinance, no more than 10:: without review by the Council could occur. ,rr - 1': d I tapproved Planning Commission Minutes - 6 - May 14P 1979 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 recommibnd 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"; Dearman, Gartner, and Retterath voting "nay". D. DLICK 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. 14r. 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 thev have tried to address the requests of the ONR. Their intention is not to do any filling,l4:cess 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`. Dearman 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 OUR 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' frontage requirement, and why it was required. Deanna" explained that it is re because of: snow removal problenr's (1 mile of strai(Il't 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 DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 ••.•• HENNEPIN 935-3381 OU May 9, 1979 Mr Chris Enger Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie MN 55344 Dear Mr Enger _ RE Proposed Plat - "Schoenfelder PUD" County Road 39 NE quad TH 169/212 Section 12, Township 116, Range 22 Hennepin County Plat No 731 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above Plat and found it acceptable with consideration of these conditions: - The developer dedicate an additional 17 ft of right of way making the right of way 50 ft from the center of County Road 39. - With existing conditions, the proposed public street access opening onto County Road 39 does not meet minimum sight distances for the posted 35 mph. Any new access or revision of an existing access on 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. ncerely ank, M Wold, PE Chief, Planning and Programming HENNEPIN COUNTY JMW/LDW:bg an equal opp oftrAv 9MPIO I r STAFF REPORT MEMO: TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: May 7, 1979 PROPONENT: G. P. Schoenfelder REQUEST: Planned Unit Development Concept Approval for commercial and offce uses for approximately 46 acres, PROJECT LOCATION: In the northeastern quadrant 6f the community, directly east and adjacent to Highway 169-212 and north and adjacent to Valley View Road in the Smetana Lake Sector of the City. REFER TO: 1968 Comprehensive Guide Plan, Smetana Lake Sector Study, Major Center Area Planned Unit Development, Shoreland Management Ordinance, Flood Plain Ordinance, 1977 Guide Plan Update. BACKGROUND The 1968 Comprehensive Guide Plan illustrated this area as C3 or limited Regional Commercial. The text of the 1968 Comprehensive Guide Plan had this to say about the C3 zone: "The C3 area is proposed ds a limited commercial area in which the primary business is service oriented. Here is where the Bank or Gvinos and Loan building could be located when it is desired to have a detached site. Here, also could be found the automobile dealer, because of the service orientation, but also because of the large area requirements. Movie theatre, athletic club, office buildings, hospital, restaurants, and other service, rather than retail uses are suggested." Since the approval and development of the Condon-Naegele site directly south of Smetana Lake and adjacent to and north of Highway 494 have automobile uses alreat' alarmed, this would seen to preclude this area as the same type of use. Alsn deveic to size of individual parcels too small to accommodate large automobile users. However, the site was zoned C-Regional for Regional-Commercial;as defined under Subdivision 7.12 in Ordinance 135, the zone is to: " A. Provide a, large site at an appropriate location for a major shopping center, which serves a wider region than the City itself, consistent with the intent of the Metropolitan Guide Plan." It seems that the proper zoning category did not follow the intended 1968 Guide Plan uses for the area. Since the major shopping center now exists in the southeast quadrant of the Major Center Area, the C-Regional zone is no longer appropriate for the uses currently proposed. Staff Report-Schoenfelder -la- May 7, 1979 LOCATION MAP 2 h �... Mn. _ HWY• .. . Mtn. C-REGNX _ 1968 COMPREHENSIVE GUIDE PLAN l=.' ' � ,`!;fi� nay t �Q �„�• '� ' !1 D. -In rf Staff Report-Schoenfelder -lb- May 7, 1979 1977 DRAFT COMPREHENSIVE GUIDE PLAN JJ k. .1 7 jV j RC PC MAJOR CENTER AREA REPORT i ` 1�Iet�. ;, -mow•}�. '' Probably t e'most oort io#e0 lopraer►Pfflft0A for an'torrims�ciaf�indi�stri8�reas Qr spread x,.'r�..,`',.— " �:; rWz alor aalarhighmm ;ftgQ}, hot commun• 'f.,,� \; Pram i c as: ntrate ; pp��,� •1 its•{�'i: i_ cont erei t�M�in_a V�-3 _ ` L•,a: F.�.M+, .w"•'1 � 'a`l:stc#9�;�•C., :••�r { l `r�.i' -v� -''�; •i '. t G3T� 1 Vow 2,3 A. •GarTow d y •J • �:,��°�'j\ ,��..p `�f : .,cry �. 'Ms..•��•a.• ,:� •�a.p;w-�, ► /. � •\. + r N`��y3J!!Ab'lllil/�yy A"�'�1�. i•:k.�_� 'Y:� v '�,��W•''.�,-cr;.lA '�•`. •/�•�+•.rkau..u■ue••.aru■r.w.•.u.wu , Sector s•.s1. �'.3 'j�t •� '� • ...:Im1iTd•At -• M Staff Report-Schoenfeider - 2 - May 7, 1979 Both the Smetana Lake Sector Study and the Major Center Area Report recognized the factors which determine the general land use for this property and property adjoining it on the west. The visual exposure and exposure to noise along the western side of the site from Highway 169-212 and the proximity to the off-ramp and the Ring Route make the open western portion of the site desirable for some type of utilization as Highway-Commercial, Regional-Service, or Regional-Office, while the eastern and northern wooded portions of the site are most acceptable as some type of housing. The 1977 Comprehensive Guide Plan Update is more general in its depiction for this entire area as high density residential. Through this proposed Planned Unit Development, more specific land use designations can be determined based upon a more precise site plan and ptovision of on-site data. , The proponent requests filling of the flood plain to up to 20% encroach- meet as a part of the development pursuant to Ordinance 276, designating and regulating the use of flood plain and development thereof. ' The proposal would also come under the jurisdiction of the Shoreland Management Act, which requires that there be no more than 30S impervious area constructed within a shoreland area. In this case, the shoreland area would be a strip of land 300' wide running from the center line of Nine Mile Creek. This-restriction affects the northern portion of the site only. The Shoreland Management Act also requires a 150' setback for industrial commercial and office uses from the center line of the creek, or location outside of the flood plain, whichever is greatest. Although the U.S. Geodesic Survey Vegetation Quadrangle maps supplied to us by the Department of Natural Resources seems to indicate that the area on the north side of the site proposed for filling is not within the classifica- tion of public waters,it does appear that possiblity exists, and a determina- tion by the DNR will have to be made. Also a permit will have to be obtained from the Department of Natural Resources, pursuant to Chapter 105 of the State Statutes,for work within the public waters area. Prior to issuance of the grading permit, the project must also be reviewed by the Nine Mile Creek Watershed District for erosion and sedimentation con- trol in water storage facilities. EXISTING SITE CHARACTER Soil - As illustrated in the information provided by the proponent, the majority of the soils in the area are developable, with the exception of the northern portion of the site,which is made up of marsh soils commonly found in conjunction with flood plain areas. The developer proposes to fill a portion of this area to a depth of about 8', however no detailed soil boring information is supplied to illustrate that the depth of the poor soil material in the marsh designated area is shallow enough to be improved in this fashion. R ...Staff Report Page 3 Schoenfelder May 7, 1979 The balance of the site is very steeply rolling, with the northern hill being wooded and steep. The development of the site will require substan- tial land alteration in order to accommodate development pads. The significant vegetation of the site is the wooded area occuring on the northern portion of the site on the northern hill, approximately the 848 contour on up to 890. Preservation of the woods, or a large percentage of them,and their supporting land forms is critical to the visual preservation of this area. SITE PLAN This is a request for Planned Unit Development Concept approval and not a re- quest for preliminary platting or rezoning. The scope of information presented is somewhat general. However, the development schematic presented, which illus- trates a possible scenerio of development is helpful, but we must put land uses to each parcel in order for the Planned Unit Development to be meaningful. The proponent gives a"laundry list" of anticipated uses for the Parcel, some of which are office, highway-commercial, regional, commercial service.,and industrial. All seem to require different zoning categories in the future. The Planning staff would suggest the proper placement of uses as follows: 1. The northern lot which is wooded and adjacent to Nine Mile Creek and requires a minimal amount of site disruption and coverage, would be most appropriate as an office use or as a clustered high density residen- tial use. 2. The two lots occuring in the southeastern section of the parcel occur on a very steep piece of property, and require low ground coverage and minimal visual intrusion of a commercial character into the residential areas lying off to the north end to Smetana Lake to the South. These sites, because of their height.also command a tremendous vista off to the west toward Bryant Lake, and are most appropriate in the ground coverages shown as either clustered high density residential or office uses. 3. The two lots occurring in the southwestern corner of the plat are closest to immediate access from Valley View Road, the Ring Route, and Highway. 169=212,and are therefore most appropriate of any of the sites for Highway-commercial use. However, the Highway-commercial retail use should be limited to this two lot area. 4. The remaining six lots in the center narrow area of the parcel would be most appropriate as Commercial-Regional-Service uses and/or office uses, with the exception of the central site,•which is immediately adjacent to the eastern wooded parcel. This site would also be acceptable as a housing site, because it will be buffered from Highway 169-212 by two buildings to the west of it, and does command a nice view of the Bryant Lake area off to the west and is immediately adjacent to the eastern wooded site designated by the Guide Plan as high density residential. CL O � V r ''AT - R y .. . Jc a N tV uu Ij -K�r ` r'� _:''+`(+tit � "�,V�•3��t �•"•••. FJ '[i 42 lv,Y�'. •.gypL'y •, • LJ11 pupb� 3J McCOMBS• 40NLaPT PLAN KNUTSON ASSOCIATM ANC. t�?��� tOf{Yltttip t114Ytit{�tM{3W{IN{{■{tH ltt�tlU ��lp�t#+ w 9 p�ti. ' a+..�•.� MtNNEUOlAB tIad NLTtMINSON.MINNE98iA AvI Q.A sC11oomf�..1�1 9 2 i Staff Report Page 4 AA Schoenfelder Flay 7, 1979 4. ACCESS Access to the site is obtained from Valley View Road, and the northern access is planned to be continued by the northern property owner. However, development of the property more than 500' in from Valley View Road should be precluded from happening prior to the continuation of the public street up to Shady Oak Road. Also, access to the eastern parcel designated for high density residential is designated over a very steep side slope area, and would have to be improved in the grading plan if that location were to be acceptable. The access to Valley View Road has been reviewed by the Hennepin County Highway Department for proper backing distance and sight line distance to the right and left and is not acceptable in its current location. FINDINGS AND CONCLUSIONS 1. The Planned Unit Development as proposed offers too many land uses as potentials to be acceptable as a Planned Unit Development framework for development. 2. If the Planned Unit Development was to be illustrated for land use as the Planning staff suggests, the PUD would be consistent with the 1968 Guide Plan, the 1973 Major Center Area Report, the Smetana Lake Sector Study, and the 1977 Comprehensive Guide Plan Update. 3. Current zoning on the orooerty is a capcific commercial. category oriented toward major shopping center, and would not allowthe type of commercial use currently proposed. Therefore, preliminary platting and rezoning to the proper land use categories, must be carried out prior to construction. 4. The Environmental Assessment Worksheet has not been done at this stage, but has been delayed to the time of rezoning and preliminary platting. Therefore, grading and improvement of the area for development shalt not be allowed prior to an approved Environmental Assessment Worksheet. S. Complete development of the parcel would be predicated upon continuation of the public street north to Shady Oak Road for a second way out, and also predicated upon the correct placement of the intersection of the proposed public street and Valley View Road. 6. Zoning for the specific sites and final platting, as well as preliminary platting, must be requested and obtained prior to any construction. 7. Prior to any grading permit issuance, proper permit from the Department of Natural Resources, the Nine Mile Watershed District, and the City of Eden Prairie, must be applied for and obtained. 8. The area proposed as park occurs within the Nine Mile Creek area and is necessary for the flood water storage of the development and therefore shall not be credited against any park contribution obligation. i 3; ....: ..... ...::.: .,.,. .. _...i.... ,r... 7. Staff Report ft" S Sehoenfelder Mara �'• 1974 "« �,.RECOi ODATIQNS The"Planning Commission may choose, at their pleasure, on of the following Options regarding this development: 1. Approval of the Planned Unit Uevelopma'nt Concept request as submitted. 2. Continue the item in order to allow the proponent to evaluate the recommendations on land use by the Plaftning staff and return with a more specific Planned Unit development. Land Use Plain. . 3. Approval of the Planned Unit development as proposed with the amendmen ft offered in this staff report to be made by the proponent priorto appearance before the City Council. . .; banning Staff would recomuenil alternate 9f3. ' M' c P X In;fORANDMI Parks, Recreation and Natural Resources Commission FROM Bob lambert, Director of Community Services DATE: June 15, 1979 SUBJECT: Development Proposal Check List PROJECT: G.P. Schoenfelder P.U.D. fRopogNT: G.P. Schd"elifelder 111 QULST: P.U.D. Concept aPprovai for commercial and office uses for al rjreaci.mateSY 46 acres. LTIO•y.• Last of 169-212 and north of Valley View Road SACKGROWD: See Planning St.aff Rcnort of May 7,1479 CI1LClaaST: r Ad}acait to parks? (Neighborhood, Community, Regional) No �• Affect on park: N/A 2. .Atljacont to public waters? Nine-Nile Creek Affect on waters: 3. Adjacent to trails? Proposed trail along creek Type Multi-use +e of trails: (bike, multi-use, transportation, etc.)_ Construction: (asphalt, concrete, wood chips, arlimc) asphalt Itidth: 61 Party Responsible for construction? City La»,loumership: (dedicated, density tradroff,_etc.) dedicated 7'ypc of IIcy0lolnucat? (residential, commercial, industrial) comme76,11 office hhrri will CASH PARK VVE go? (what neiphlmrluuul) Smetnna Lnko Srctaar Herd for a mini-p:n•1.?_No^ mA y S. RLTERENCE aiF.CK: a. Major Center !Area Study: Yndigatesrsomo type of Highway Commdmial. Regional-Service or Regional Office. 1; b. Neighborhood Facilities Study: N/A c. Purgatory Creek Study: N/A d. Shoreland Management Ordinance: Shoreland ar•:a 300' from center of Nine-Milo Creek. (30% impervious surface, 1501 setback) c. 'Floodplain Ordinance: Proponent requests filling floodplain up to 2% I pursuant to Ordinance 276. f. Guide Plan: See Planning Staff Report (high density residential) g. Other: Smetana Lake - same recommiendation as MCA Study. G. Existing or pending assessments or taxes on proposed park property: N/A 7. CASH PAIR FEE $1,400/acre at time of building permit S. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against proposal: 9. Mumibcr of units in residcnt.inl devclolmient? ? Nuuabcr of acres in the project? 46 Special recreation space requirements: Depends on amount and tyke of residential development. 10. STAFF RIiCO+t'Ai1,UATIO\S: Recommend to be continiccd until quaetien can he nlliweld conrcrniur amount of trees that could hc.remov_edj�lil]s exit said where an i inch fioMplain would be filled' also until more specific infotination is provided as to the type of land uses that will occur. TO: Mayor and Council THRU: Roger Ulstad FROM: Jahn Frane DATE: July 12, 1979 RE: MIOB Bonds Energy Controls/Lloyd Miller $1,16()4*00 Or. Miller, owner of Energy Controls, which is ;presaritly 1aca -.1r { Eden Prairie, is requesting preliminary sptrovo1:of t4 construct a 60,000 square foot office virelte in;an:area lxr"eBi�RtFy zoned I-5 which is correct for the intend" uj4: lMerg; 0o►n 1s with Occupy ,ttt9O square feet; the balance Y ui Jig to user• ']o Company which is also presently located in Edsu Pr Brie. Ibe'fadli:q would employ about 47 persons. notice of this bearing has bees published. =d F� =w ENERGY CONTROLS, INC 7248 WASHINGTON AVE.SO. EDEN PRAIRIE,MINN.55344 PHONE(81219"-1283 TOTAL HEATING&COOUNO EQUIPMENT MAINTENANCE SPECIALISTS June 14, 1979 Mr. John Frane City Financial Director City of Eden Prairie 8950 Eden Prairie Road Eden• Prairie, Mn. 55344 RE: Energy Controls - Industrial Revenue Fond Hear Mr. Frane: Our corporation has committed to &leer-Flo Company, 66M U&SUL gto6 Avenue South, to lease it 30,OW s.f. of space in our proposed industrial building . on Shady Oak Road at Shady Oak. Drive in Eden Prairie. An option has also• been committed to Wally Rilgren to purchase fifty .percent 3ntereat In said building following mortgage closing and o0cupaflcy. The lileer-Flo Company employees approximately thirty emp''10Yves. Tt.Nils been located in Eden Prairie for over ten years. The president .of the company, Wally Hilgren, is the principal shareholder. Yours very truly, Em.,try CO -f10LS, 114C. Lloy tdiller Pre ident Please proceed with publication or a Notira fora hiurfng on the requested Bond Resolution. L1 d HI l r ladividually PRE VENTAVE MAIQIT@1YA 3.pppp CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANT: A. Business Name - Lloyd W. Miller, Individually 5101 Woodridge Road Minneapolis, MN 10. Business Address - C/o Energy Controls, Inc. 7248 Washington Avenve So. Eden Prairie, MN 56344 a. Business Form (corporation, partnership, sole progz'&ertv7r-. ship, etc.) an individual a sI. State of Incorporation or organisation - n/a e. Authorized Representative - Richard W. Anderson 9600 •Valley Viers Road Eden Prairie, UN 65U4 t. phone - 612/944-6803 - Richard W. Anderson 612/944-1263 B. NAME(S) AND ADDRESSES OF MAJOR ST©CK$4ZDERS OR PRrNCIPA.I,6:. a. none b. C. _l 5 3. STYE BRIEF DESCRIPTION Of NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Applicant is a real estate investor. In addition, Applicant is President and sale stockholder of Energy Controls. Inc. (ECI), a Minnesota Corporation which manufactures or sells electronic controls for heating and air con- ditioning equipment and plastic shield devices for said controls. 4. DESCRIPTION OF PROJECT: A 60,000 sq. ft. office/warehouse building to be leased by licant to ECI, who will occupy 20,000 sq. ft. and sub-lease.the balance to other tenants. Prior to commencement of construction, leases wiII hev*been entered into for not less than 75% of sub-leased space. a. :Location and Intended Use: Shady Oak Road at Shady Oak Drive, botlr to be constructed in Shady Oak Industrial Park, Eden Prafrig, Mirneseta. . 'Distribution and assembly of above mentioned-prodttU by ECU for Tara of building; balance of use unknown at this time. See Anchure and samees attached from Applicant, b. Present ownership of project site: Richard W. Anderson, Inc. t;. Hames and address of architect. engineer, and geherat tontratt#rz Architect - Roberts Architects - 7900 Xerxes Avenue. Sloomin-gon, lid Engineer a General Contractor - Adolfson -& Peterson, Inc.,-POI W. 134-S't., Minneapolis, MN' 55426 Developer - Richard W. Anderson - 9600 Valley View Road, 046 Prafrie, Mal 'S. ESTIMATED PROJECT COST FOR: Land 6 acres $ 250,OdNl Building 60,000 sq. ft. l,10O,000 Equipment -O- other (financing costs) 8D,O00 Total ffil 4 Y 6. BOND ISSUE - a. Amount of proposed bond issue - $1,150,000 b. Proposed date of sale of bond - June 1, 1979 c. Length of bond issue and proposed maturities - 30 years amortized monthly in equal installments with call provision at end of 15 years. d. Proposed original purchaser of bonds - the $ witl be purchased by one or more institutional mortgage lenders to be determined ®. Name and address of suggested trustee - not applicable f. Copy of any agreement between Applicant and original purchaser - none in existence at this time. g. Describe any interim financing sought or available to be provided by institutional mortgage lender(s) b. Describe nature and amount of anyAp eTma ntemaY borr" upn to 0addition to bond financing 50,000 on a 5 year unsecured note from seller of land to finance a portion of applicant's equity in project. 7. BUSINESS PROFILE - Information applies to ECI only, since other tenants have not been determined as yet. a. Are you located in the City of Eden Prairie? Yes b. Number of employees in Eden Prairie? 17 i. Before this project: 17 -3- M ii. After this project? 35 c. Approximate annual sales - $500.000 RrOJetted fpr ffiscal 1979 d. Length of time in business ,years in Eden Prairie yeas e. Dv you have plants in other locations? If so, where? AM f. Are you engaged in international trade? No OTHER INDUSTRIAL DEVEI, PIMNT PR©.IEG"T`(3): a. List the name(s) and loaatiou(s) of other'industrial development project(s) in which the Appli&jmt is the owner or a "substantial user" of the facilities for a "releated person" within the meaning of Section 103(h):(6) of the Internal Revenue Code. None -4- r 10 Vt b. List all cities in which the Applicant has requested industrial revenue development financing. None a. Detail the status of any request the_ApplicU t has before i any other city for industrial development revenue financing.. None d. List any city in which the Applicant has been refused industrial development revenue financing. None e. List any city (anti the project name) where the Applicant has acquired preliminary approval to proceed but in wfiiah final approval authorizing the financing has b"a Qenied. None f. if Applicant has been denied industrial develppment revenue financing in any other city as identified (s for the dinial in {d} or {e}, $©f r it spec if the rea on and the name(s) have knowledge of the transaction. None g liA AYiD ADDRESS OF: Agent or Mortgage Broker: Dougherty, Dawkir'fa, Strand I'Ekstrom' . 414 IDS Center Minneapolis. MN 55402 b. private placement Purchaser If private p]acerAeut} institutional mortgage lender to be determines i. if lender will not 'commit until City has passed its preliminary re=lutian apprOVIUS the project, submit a letter from prcapased lender that it has an interest in the offering subject to appropriate City approval and approval of the Commissioner of Securities. not applicable S;. i 4 U J, # c_c6:its 16,. 'r zl- b. Bond Counsel - MackalI Crounse Moore 1007 First National Sank Building �,- Minneapolis, MN 55402 Applicant's Counsel - c. 1F� same d. Accountant -For ECI Richard Kakach 55i19 Eden Prairie Road Minnetonka, NIN' SS343 10. WUT I3 youR TARGET DATE FOR: a. Construction start - June 1, 1979 b. Construction completion - October 1, 1479 IF'OR ls`uR HW INFORMATION CONTACT: The undersigned Applicant underN that the th the 401'602a or disapproval by the City of Eden Prairie for Industrial pevelopmeut bond financing does not espresslyi 6r imPli•dlys constitute any approval, variance, or waiver Of any provision or requirement relating to any 7.aning, building. or other rule or ordinance of the City of Eden Prairie, or any other layW applicable to the property included in this project. LLOYD MILLER, INDIVIDUALLY plicant Date all S .. ,... p .. .. .. 77 Lft- Y ll. ZONING - TO BE CompLETED BY THE CITY PLANNING DrEPAIMI .tiT a. Property is zoned - t-8 b. Present zoning (is (is not) correct for the inten-ded use. C. Zoning application received on for wliittt earrsct for t: intended use. d. Varieaces required - None ' t r. . City agaer tk ENERGY CONTROLS, INC. 7240 WASHINGTON AVE,SO, EDEN PRAIRIE,MINN.55344 PHONE(612)OW1263 TOTAL HEATING&COOLING ECUMMENT MAINTENANCE SPECIALISTS June 14, 1979 Mr. John Frane City Financial Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Mn. 55344 Dear Mr. Franey We have recently taken oa a distributorship of the busy fEnerteeh Energy Management System which covers the areas of South Dakota, North Dakota and Minnesota. We will be increasing our employees by twenty-five more within the next year. We anticipate to increase our sales by a"pproximatoiy $500,000.00 for the first year. In the two weeks that we have been selling we have ptaspective proposals totaling $200,000.00. With increase business activities we are in urgent need of additional office and shop space. I would appreciate immediate action on the Industrial Revenue Bond. Sincerely, " L1o� Mille, President LN/bac Pit EVENTtVE MAINTINAOCE SAVFIIRS-4 A TO: Mayor and Council FROM: John Frane DATE: July 17, 1979 RE: M.I.D.B's for Parker Hannifin Corporation - $2,00O,0M The compan0r intends to build a 55,000 square 'foot bai741ng to be usd as an office/manafacturinglwar$hOt+se facili employ.ing SF peznVe* - e project would be built on lots l 5 2 of S y,0,W I I"tMA, P rk,al at an estimated cost of $2,O0O,WD. The property' i-t Zoned' T-5 w'CIr u correct for the intended use and the pro"mow hug appIW for 1.4: . Zoning which is also correct for the intended use. WOO*Of.'fhft,public hearing has been published. CITY OF FDrN P11AIRIE, MINNBSOTA Application for Industrial Develapuwnt Bond Project FinaneiVg 1. APPLIQUT: A. Business Nsmre - PARKER HANNIFIN CORPORATION b. Business Address - 17325 Euclid Avenue Cleveland, Ohio 44112 c, ausineas Form (corporation, partnership, $Ole pMpsrictor- ship, etc.) - Corporation d. State of Incorporation or organization filhi o o. Authorized Representative - Wally Young, Treasurer, Cleveland Jim Beiswanger, Minneapolis General Manager, Plews Division S. Pho.rc - (216) 531-3000 Cleveland (612) 920-9070 Minnea elis y. lMME(S) AINM AM)RESSLS OF MAjo21 Sf(K'1:1,ULULsiS oil n, Publically Held, New York Stock Exchange b. C. —I— � r• 3. GIVE BRIEF- DrSCRIPTION OF NATURE Ole BUSINESS, PIUNGIPAkL PRODUCTS, ETC: Parker Hannifin is a manufacturer of fluid power products. The Plews Division manufactures oilers, grease guns, oil spouts, blow gam, pneumatic couplers, tire gauges and other mechanic's service tools and supplies.. 4. DT j IPTION OF PROJECT Estimate 8,000 sq. ft. of office for general management, sales management,, accounting, and data pi;ocessing. Estimate 47,000 sq. ft. for light assembly, packaging, and finished gods, and shipping. a. Location and inton ed Use Shady Oak Industrial Park. Use will be general office, assembly, packaging, warehousing and shipping. l�°i 4 1r b. Present ownership of project site: ., Ricberd W. Anderson e. Tees and address of architect, engineer, and general contractor: John Thompson Vice President, Industrial Engineering 17325 Euclid Avenue Cleveland, Ohio 44112 v. Mi,TIMA'ITED PROJEC"r COST FOR: Land Eciuipmf�.nt � 215f000 Otter Specials $_170,ODO 2,0©0,000 Total $L+----- .•-�:::-�.ry:-�-,��.:.�.-��<,r.��:-.:�� _;I. . a ..._x.a..,a,..yy G. BOND ISSUE - a. Amount of proposed bond issue - $2,000,000.00 b. Proposed date of sale of bond - Tentative October 1, 1979. c. Length of bond issue and proposed maturities - Tentative 25 years. d. Proposed original purchaser of bonds - Private placement, lender not determined. e. Name and address of suggested trustee - Unknown at present time. f. Copy of any agreement between Applicant and original purchaser - Lender not determined. g. Describe any interim financing sought or available - Done h. Describe nature and amount of any permanent financing in addition to bond financing - None 7. BUSINESS PROM],' - a. Are you located in the: City of Eden Prairie? No b. Number of employes in Edon Prairie? None i. Before this project: None -3- if ii. After this project? 65 employees, estimated payroll $I DW,000.00. c. Approximate annual sales Parker Hannifin Corporation sales exceed $800,000,000.00 annually. d. Length of time in business 1938 in Eden Prairie e, Do you have plants in other locations? If so, where? Yes. Parker Hannifin Corporation has 53 plants in 22 states, 1. Are you engared in international trade? Yes A.. OTHER INDUSTRIAL DEVELOPMENT PROJ1:ECT(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 aI "releated person" within the mraning of Section 103(h)(6) ;,. of the Internal Itc:tenuc Code. None in the state of Minnesota. Others include: Jacksonville, Alabama Manhattan,, Kansas Ogden, Utah Lorain, Ohio h. List all cities in which the Applicant has requestod industrial revenue development financing. Jacksonville, Alabama Manhattan, Kansas Ogden, Utah Lorain, Ohio c. Detail the status: of any request the Applicant has before any other city for industrial development revenue financing. None d. List any city in which the Applicant has been refused industrial development revenue financing. None e. L:s:t any city (;,nd the project n:umu) where t2u; Applirant has acquired preliminary approval to proceed but i-n which final approval authorizing the financing; has bem denied. None C N3_ �k�AA I if f. If Applicant has been denied industrial devrolopmrnt 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 wile have knowledge of the transaction. 9. NAMES AND ADDRESS OF: a. Underwriter (If public offering) Not known at present time 1 b. Private Placement Purchaser (If private ,placement) Unknown at present time i. If lender will not commit until City has passed its preliminary resolution ap'proviag the proiecL, subaiii a letter from prolwwod lender that it has an interest .in the offering subject to appropriate City approvni and, approval of the Commissioner of SecuriLics. Proposed private placement, lender is not known.. k ' l Ito : 4' t. b, Bond Counsel - Dorsey, Windhorst, Hannaford, Whitney b NaIT•aday o. Corporate Counsel - Thompson, Hine and Flory d. Accountant - Coopers, Lybrand lA. WUAT Is YOUR TARGET DATE FOR: August 1, 1979 a. Construction start - • r. January 31, 198L1 t b. Construction completion - rOR FURTi17;R INFORMATION CONTACT: The undersigned Applicant understands that the apprn�ral as' disapproval by the City of Eden Prairie for industrial Developiuent bond financing 'dues not expressly or i sSioi4ly co�estitute any approval, variance, or wai�►cr of any pr, rissioa or requirement relating to any anninp, building;, or other +1` . or ordinance of the City of Eden Prairie, or any other iaw applicable to the property iucludad in this project. Parker llannifin Corpenti8n pplicant a i it .lone 14. 1979 —1. ay— f w 11. ZONING - TO BE COMPLETED BY THE CITY PLANNING DTPARTI NT a. Property is zoned - b. Present zoning (is (is not) correct for the intended use. c. Zoning application received an for wiliela is correct For t e intendod use. d. Variances required - UlIfy Plan T0: Mayor and Council FROM: John Frane DATE: July 12. 1979 RE: MIDB`s - Robert Murray - $1,150,000 it. Murray intends to build a 60,000 5W. are foot office warehouse f4cility at 69th Street and Shady Oak Drive at an estimated cost of $1,260,080r The issue would be on a private placement basis AW the b0l4ino vzold.be, leasdd to various tenants. The property has bawl.a seccmd reads zord" it M. I-� which is proper for the intended use. Notice of this:pubUc hearing has been published. Ail f 2 F L � w, J CITY OF EDEN PRAIRIE, MINNEESOTA Application for Industrial Development Bond Project Financing APPLICANT: a. Business Name - Robert Hurray, individually (of f ice) lmejy b. Business Address - 2501 East Both Street 7037 Valley View Rd. Bloomington, Minnesota Edina, ✓-M $5435 55420 Business Form (corporation, partnership, Sole pT0p fttvr- ship, etc.) - a individual d. State of Incorporation or organization,not applicabla e. Authorized Representative not applicable t. Phone - office - 454-5511 Dome - 941-8985 2. NAME(S) AND ADDRMES OF MAJOR STOCMIOLDM OR PRINCIPALS: a; none b. '` i i 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Applicant is a real estate investor and building owner. He currently owns two office-warehouse or office-light manufacturing buildings located at 9600-9650 Valley View Road and 7180 Washington Avenue in Eden Prairie. Mr. Murray is also Chairman of the Board of Interstate Detroit Diesel Allison, Inc. +l. DESCRIPTION OF PROJECT- 60,000 sq. ft. office-warehouse building a. Location and intended use: Building to be located at Lot 2, Block 1, Shady flak 2nd Addition (intersection of 69th St, and Shady Oak Drive). Building to be leased to various tenants. Leases are yet to be.si ed; Prospective tenants being negotiated with are Interstate Detroit Diesel Allison, Inc., Kleer Flo Company, Machine Products, Inc., Starkey Labs and Metro Printing. b. Present ownership of pro3ect site: Richard V. Anderson, Inc. Names and address of architect, engineer, and general contractor: Contractor to be Richard Ince, and Adolphson-Peterson or 'Rauenhorst. Architectural design and engineering to be done by contractor. b. ESTIMATED PROJECT COST FOR: Land 3.89 acres Building 60,000 sq. ft. $ 1,100i000 Equipment $ '0- Other- financing costs $ + Total $,1 950,00t! _3_ r 3 a,_ s ii. After this project? Applicant estimates 75 employees of tenants to doopgy the building when it is fully leased. c. Approximate annual sales - i1/A d. Length of time in business Since 1960 appTioant bag involved in the construction o nqs hbd 4 addiraons for the Company of which he is Chaiem&4 Of the Boar& y , in Eden Prairie 1 veer. See stir „-a=a„y, a At e. De you have plants in other locgticnsr'- Tt sue, .re? Applicant owns a warehouse located i i2 Fe gCtx h Dakota. d 1. Are you engaged in international tra4s? • NO. 9.. . OTM INDUSTRIAL DEyEiMENT pRwEM(8): a. List the name(s) and loeation(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial users' of the facilitie& +er i "releated person" within the meaning of Section.104, ;)1 ) of the Internal Revenue Code. None. t� b. List all cities in which the Applicant has requested industrial revenue development financing. None c. Detail the status of any request the Applicant has before any other city for industrial development revenue financing- None d. List any city in which the Applicant has been refused industrial development revenue financing. None e. List any city (and the project name) where the Appli.tnt has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. lime f. If Applicant has been denied industrial development revenue financing in any other city as identified In (d) or (e), specify the reason(s) for the denial and the name(s) of appropriate city officials who have knowledge of the transaction. None 9. NAMES AND ADDRESS OF: Agent or 1-trtgage Broker: toughed, Dawkins, Strand B Ekstrom IL. tl :i:k+e�otx( xE' t# ffcx4t d411t 414 IDS enter Minneapolis, MN V%02 b. Private Placement Purchaser (If private placement) Institutional Wrtgage tender to be detemined i. If lender will not 'commit until City has passed its preliminary resolution approving the project, submit a letter from proposed lender that it has an interest in the offering subject to appropriate City approval and approval of the Commissioner of Securities. Not applicable s b. Bond Counsel - 0 a First National Bank Building Minneapolis, NN 55402 Applicant's a, XXWpame Counsel - to be detexmiaed d. Accountant - 1:0. VjtAT I8 YOUR TARGET DATE FOR: construction start'- July 15, 1979 b. Construction completion - November, 1979 FOR FURTHER INFORMATION CONTACT: The undersigned Applicant understands thitit the apPT►tt81 ' disapproval by the City of Eden Prairie for I� �� pevelopment bond financing does not expre ly constitute any approval, variance, or waiver of any prOviOi* or requirement relating to any zoning, building, 'or c►ther rrls or ordinance of the City of Eden prairie, or aaiy other. applicable to the Property included in this project. B APPlican IF Date ` 'S ll. ZON I1QG - To BE CMLPi,EM BY THE CITY PLYING DEPARTMENT a. Property is zoned b. present zoning is) (is not.) correct for the intended use. c. Zoning application received cn for W8 c 6a6=00t XAr Ghe intent ad use. d. Varjances required - c1ty Plalmer 77 .:, 9 Minnesota AL Department of Transportation District 5 2055 No. Lilac Drive of Golden valley, Minnesota 55422. (Ca)SC--1761 July 5, 1979 Mr. Roger Meted City Manager of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 REs C.S. 2744 (T.H. 169) Eden Prairie Dear Rogers I would like to ize our position at this time on the planned signalized intersection at CSAH 1 and the Vo Tech school. First of all, I must again apologize on behalf of MA/DDT for the delays in the project development process regarding this critical reconstruction. Secondly, I would like to set down what we see as the pros and cone of install- ing temporary signals. Con 1. The accident history of the existing intersections, while of concern, is not great when compared with similar intersections in our district. (See attached Sheet A). In 1978 CSAH 1 ranked 36th, based on accident rate, and the Vo Tech entrances had only four accidents (combined) which meant they were not ranked with the 265+ locations with five or more accidents in 1978. 0n our signal priority list CSAH 1 ranked fourth and the Vo Tech ranked fifteenth. The major factor in these high ratings was the incon- venience and delays experienced by traffic on the minor streets and not due to accident history. For example, there were 39 intersections that met signal warrants with more correctable accidents than the Vo Tech entrances. 2. Accident records at similar locations at which temporary signals alone were installed showgd accident levels were higher with the temporary signals than prior to their installation and that subsequent projects which provided channelization and permanent signals provided a marked reduction in acci- dents. (See attached Fig. S.) Temporary signals at both locations may in- crease accidents (Fig. C). AaEgwdOpm- &yEm*ye+ Roger Ulstad July 5, 1979 Page 2 8. The capacity of the existing roadways with temporary signals would be insufficient to handle the "current" traffic volumes (1977 data). The Permanent improvements would provide a good level of service. peak hour levels of service: temporary signal only, CSAN 11 "D" (both A.M. and P.M.),V0 Techi "C" noon and "D" P.M. Levels of service permanent 'Wrovemsut: CSAH li "A" (both A.M. and P.M.), Vb Tech; -A" (both noon and P.M.). 4. The time required to install a temporary signal, if existing Mn/DOT regu- lations are followed would be 7 to 12 months. The nonrecoverable cost of each temporary signal would be $15,000. Pro 2- The type and severity of certain accidents may be reduced. Notably Personal injury - right angle collisions are the types reduced (M) by signals. There were eight of this category at CSAH 1, 1976-75, and four at the Vo Tech entrances during the same period. 2. Delays to traffic on the minor streets may be expected to be reduced. I am attaching the following supporting data for your information: Fig. Subject A. Accident Histories: T.H. 169 at Vo Tech Entrances T.H. 169 at CSAH 1 H. Case Histories of 2 Temporary Signals. C. Projected Accidents at the 2 Intersections on T.H. 169. D. Intersection Capacity Analysis (Work Sheet). E. Accident Rates of Signalized Intersections, District 5. In summary, we do not feel comfortable in authorizing temporary signals without the necessary modification of intersection geometrics. Roger Pauly asked me to research any statistics we might have indicating the percentage of fatal accidents involving right angle collisions vs. ranr-end collisions. When I gain that information I will forward it. We are short handed this week because of the 4th of July holiday. I will also consult with the Attorney General's staff on the liability question you and the Council raised. Since , W. M. Crawford, P.E. District Engineer Attachments IW O) N16 Minnosola i 4 Department Of Transportation N)'lr ct ri 20 55 'o. LiJric Drive orrn�°' Golden Vailey, Milltx;sola 55422. July 9, 197 �o SOW Mr. RDger Pauly, Esq.. My Attorney city of Eden Prairie 89SU Eden Prairie Road 24en Prairie, Minnesota 55444 Res C.S. 2744 (T.li. 169) Men Prairie Dear Mr. Paulys We have some information that may be of scM help in addressing the tr&fl-ic problem at T.H. 169 and the entrance to the Vo-Tech school in Men Prairie. You asked specifically if there war. any available infornation as to the iar- ceatage of fatal accidents involved in rear and collisions as relatad to total fatals. 2n 1978 there were 74 fatalities from accidents on highways in District 5 (S metro counties). Fifteen of these fatalities occurred at signals. Of the 15 fatalities, 4 were from rear end accidents. On the other hand there were a fatalities at signalized intersect3ors re- sulting from right angle collisions (usually from someone ablowir:g" the signal). Total accidents were, 12 fatal reFtr enviers and 22 right angle fatclt=. Let me knew if I cm, supply further inforruttion. Sincca ely,- T W. M. Crawford `� District Rugineer Cc' Pager Ulstad, City Manager of Eden Prairie An!:p+a!t't;oars city +W kg Rt f • 1 ��ttttsp�. Mirinesota JUG, i 3 im lx-pariment of 1'ransportatiofi t tAstric;( 5 2655 No. Lilac Drive roF-r t ' Golden Valley, Mi►uics= 55422. July 11, 1979 Roger Pauly, Esq. City Attorney of Eden Prairie 8950 Eden Prairie nDad Eden Prairie, Mnnesota 55344 REs C.S. 2744 (T.ti. 169) Eden Prairie Proposed Traffic Signal At Vo Tech & CSAH 1 Dear Mr. Pauly: i In response to your request at the City Council meeting July 3, I have some; Further information on the legal aspect of temporary signals at T.H. 169 if installed by the local authority. I Mould refer you to RBA 161.02 which: . plrces the Department under the supervision and control of a Cmsmnissioner "who shall have and exercise the rights and pox-srs and perform the duties prescribed by law." These duties are generally described in MSA 161.20 and are mono specifically do- fined in many other sections of the Statutes, primarily in Chapters 160-173. In general, the Cou,missioner must carry out tlse provisions of the State constitution as it relates to the State highway system (i.e., Trun): Highways). To do so, he has the po:!er to acquire property, construct and maintain highways, let coatracis, make agreements with local coamunitioe, expend funds, and prot:nlga.e regulations. Legal Responsibilities of Local Authorities The Law - HSA 169.04 The provisiong of this chapter shall not be deemed to prevent local authorities with respect to streets and high•.aays under their juris- diction, and with the consent of the cresaiscionor, with rerpovt to state trunk highways, within the corIvsrate limits of a mwsieipality or within the limits of a toms in a Bounty, is► this state now having / or which may hereafter have a po1:nl.ation of. 500,0t* or mare, and a is land anus of not wore t.h,in 60o ngiutre• miler., and within the re.u:on- able ex'•rc:i::e of thc: police pDwcr from: dlc 1'.1mil 1-twitur.%PY ImcpG yer 0 , , 3 Roger Pauly, Rau. r July llr 1979 Page 2 1. Regulating the standing or parking of vehicleas 2. Regulating traffic by means of police officers or Iraffic control spa MU 169.04 quoted above, has two ivgvxtsnt iwl;icatimm* . . Pirst, local authorities have virtually compine a1cM rftyr (with notable.exceptions such as said•` I i� laeyicesl over all streets and highways asr ttt69r. sir'sdi itifl fcounty state-ad highways, omty 149bWayu,amnlcioiv*l Xkmtai- aid streets and town meads). Since t :Butueaa permit it# these local authorities msy enact any=and s+b xmUUcm authorized by the statutes affaating tUffim OpaMIM,an MOD` facilities (for a legal definition of tint.varioµs;; aocr _r ;r. we=A 100.02). Second, local is. dam':ink= `. . affecting 921mk H19hwaya LhAl with the dretintit+t of'thr4' 'rta no District Engineer is rospcnaiie ,or�rev w' afor dances, regulatiorsse or pzoposed actions at#ea rsg 2r W*ayv.. T'also discussed the liability question with the Attgrsgy daraaewrsl�& aataaf£. ooncvt Frith my feeling that it taMpr&ry trAffIB rantrt4l dOVICts Are. . nstal.led on a Trunk Righz:ay under pe-it of the pepar nt,: 'sax the partmont accepts liability the Same as if we designed and asnstrucxed the deviees with our mm fare" or contractors. If 1, can supply f„rthe• information, please advise. L 13iacrat`ely,'� ' W.`M. crawforrl•, P.E. , Distriot Lngincer cez boyar Ulstad, Eden Prairie City Manager F 4 d Cooperative rower Association DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1979 by and between COOPERATIVE POWER ASSOCIATION, a Minnesota non-profit 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 for Planned Unit Development Concept Approval for approximately 19 acres more fully described in Exhibit attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to develop the property for office-warehouse uses. NOW THEREFORE, in consideration of the Mayor and Council of the • City adopting Resolution 79-93, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall develop the property in conformance with the material dated March 5, 1979, reviewed and-approved by the City Council on May 15, 1979, attached hereto as Exhibit 6 and subject to such changes and modifica- tions as provided herein. 2. Owner covenants and agrees to the performance or observance by Owner at such time and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Owner; prior to building permit issuance, shall submit to the City Staff for review and approval, a detailed landscaping plan, including but not limited to effec- tively screening the entrance road to the property from the single family residence to the north. 'k Developer's Agreement- C.P.A. Page 2 4. Owner consents to construction of improvements relating to the upgrading of Mitchell Road and constructipn of a 'S foot wide, 5 inch deep concrete sidewalk with let dog curb and gutter, within the right-of-way and westerly of the 'driving surface Of Mitchell Road abutting. the property as the same shall be deemed necessary by the City Engineer. Dow agrees to assume its share of the costa Of said improve. ments and consents to the levy thereof against its property,. Provided, however, no part thereof shall be fewied against any of the Property to be convdyed or deli >to, ft City or public. ,v b, City grants Owner the following aarlaftces.from.Eity:olrdiiiairces .pursuant to the provisions of Sec. 11, Oriir�ano US, f the property: R. .One microwave tower 70 feet in height my be Constructed an the property as 'per Exhibit B., B. 60% office space may be crmnstructed'within Me building to be constructed' upon Lot 1 as 'dgpi'sted in figure 2, Exhibit B. G. Owner shall submit development plans, except plans for buildirr.g on Lot 1, to the City Planning Department for review and approval Prior to building permit issuance. 7. Owner shall submit argr revisions to site or building deval:trpment on Lot I to the Planning Commission for review and approval. `i a?. 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 F5Fr BY: ' STATE OF MINNESOTA SS Roger . Ulstad, Its Manager COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 1979 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad,the Manager o City of Eden Prairie, a municipal corporation on behalf of the corporation. Notary Public COOPERATIVE POWER ASSOCIATION, a Minnesota non-profi corporation BY: Its , 8Y: STATE OF MINNESOTA Its SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this'1Q day of ti , 1979 by Cb.w�as t. (Sn�a.sr•. the y 3• LO��'�J�• thens..�� aV of Minnesota Not-For-Profit Electric Cooperative orparat on on be of the corporation. Notary, r a J Klhlt,REK �• �cs�axauouc.ywdt�Cf�1 MEMMEPIW tlptlt�tT,Y !b 6ammWWn E;eWA�XM»'�1Mi CWERATIVE POWER ASMATION LEGAL DESCRIPTION co=nencing at the southeast csrrn*r of .the 140rtbeist 1/4 of section 16, V. 116, R. 22. thearc Ona aline with a besting of 890 30' 21* 'Northwest -a distance of 1288.811; thence northerly on a bearing of Ol'0 254310 Northeast a distance of 1034.57 to the point of beginning. Thence northerly on a bearing 010 23' 31" Northeast a distance of 897.811; thence easterly 'on a bearing 880 344 29" southeast a distance of 845.55'; thence easterly an a bearing 050 02' 1P Northeast a distance of 0.36'x 'thence southerly on a bearing 010 22' 46* 6outbvmSt a diSta;ace +P& 274.8511 thence easterly on a bearing 880 39' 14* Southeast a distance of 407.00''t thence southerly on a bearing 010 20' 466 Southwest a distance of 417.8211 thence westerly on a bearing 820 06' 20" southwest a distance of 1270.47' to the point of beginning. EXHIBIT A o .. FULP flication lip r CODPCRATIVE r POWER ASSOCIATION EXHIBIT B 1 1 mom JLt�� r'.,. .�♦ili3'��r �-sic <��^ M ��•, !w •7i9iiG— f 40 fig. 2 Concept p DEVELOPER ' S AGREEMENT '+ EXHIBIT C page 1 of 3 I. Owner shall submit a development plan prior to approval of the final plat which shall show proposed grading, storm water - • drainage areas and direction of flow, preliminary utility plans, ponding area and flood plain high water levels for 100 year storm and minimum floor.elevations for all lots. Approval of the final plat shall be subject to approval of the development plan by the City Engineer. II. Owner shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. : Owner shall follow all rules and recommendations of said Watershed District. III. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property, presently, the amount of cash park fee applicable to the property is $1400 per acre. The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form . acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City,shall vest in City good and marketable title. therein free and clear of any mortgages, liens, encumbrances, or assessments' page 2 of 3 Exhibit C V. All sanitary sewer, watermain and storm sewer facilities, streets curb, gutter, sidewalks and other public utilities("improvements") to be dedicated to the City shall be designed in compliance with City standards k a registered professional engineer and submitted to the City Engineer for approval. All private improvements shall conform to the City's building code requirements. The Owner, through his engineer, shall provide for competent daily inspection during the construction.of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be delivered to the City Engineer within 60 days of completion thereof. Prior to final plat approval, or issuance of building permits, _ if no final plat is required, the Owner shall: A. Submit a performance bond or letter of credit which guarantees completion of all improvements to be dedicated to the City as determined by the City Engineer. The i amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improve- ments. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of said costs. Said bond or letter of credit shall specify that said improvements shall be completed and acceptable to the City Engineer not later than a date to be specified by the City Engineer and that said improvements shall be fully guaranteed against any defects in materials or workmanship for a period of two years following said completion and acceptance date. Acceptance of improvements by City shall be subject to recommendations of the City Engineer and to receipt by the City of the Owner's warranty, guarantying such improvements against any defect or defects therein for a period of at least two years, together with a bond or letter of credit in the amount of 25% of the costs for such improvements in such form as shall be acceptable to and containing such further terms as shall be required by the City. B. In lieu of the provisions of subparagraph V.A. above, Owner may submit a 100% petition signed by all fee.owners of the property, requesting the City to install the improvements to be dedicated to the City. Upon approval,by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any thereof which shall be dedicated to the public,over a five year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading of streets included - in the improvements to a finished subgrade elevation. Contractor's performance of the rough grading work shall be secured by a bond orletter of credit which shall guarantee completion of the rough grading as determined by the City Engineer. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such L form and contain such further terms as•may be required V,,44 a 5 n 7 y. i.. �aae'3.crf 3 Exhibit C C. Submit to the City Engineer a development plan thoWing ` existing contours, proposed grading, finished 'elevations, streets, sewer, water and storm sewer prelimi a r al gtt- pent and grades, minimum floor elevations on oath lot. drainage ponds, high water elevations, and arraWs show_ ng direction of surface drainage,•locartions Of Uafls, ett. . pay to City fees for first year atreet Iighting pUbli-C streets) engineering review , and street signs. Owner shall file this A'rM*nt with tba N 4tai�dir Cte ds tIr egistrar of Titles and supply the City idth-a •cpp9 tsf- s Agreement with infmmation as to Document Niuml eitti d#ta 41tN .. tape'of filing duly certified tbereoe withiv, 60 d date of this Agreement. - �t If Owner fails to proceed in accordance with bras Agreement within 24 months of the date hereof and provide pr2of'of filing in accordance with item VL hereof, lamer ffor fteself, its successors, and assigns shall not oppose, re$41 dW. .t of Resolution # 79-93. Vixl. provisions, of this Agreement shall be binding upon aM enforceable against Owner, its successors, and assigns of the property 'herein described. TX. Omer represents and warrants it owns fee title to the-prtapertY _ free and clear of mortgages, liens and other 'encumbrances, except: MEMO TO: Mayor and City Council THROUGH: Roger Ulstad, City Manager DATE: July 12, 1979 RE: Code of Ethics At the request of the Council at the last meeting, I have revised the ordinance establishing a Code of Ethics to clarify that to be guilty of a misdemeanor a person to whom it applies must wilfully violate the Ordinance. The revision eliminates the possibility of an inadvertent violation. Specifically, there has been added to Section 3, the present Subdivision 4, which provides that in the event any person does not file the disclosure statement within the times provided in Subdivisions 1, 2 or 3 the City Manager or his designee will give written notice to that person who thereafter must file a disclosure statement within ten (10) days. Section 5 has been revised to reflect that a wilfull violation does not occur by virtue of the failure to file pursuant to Subdivisions 1, 2 and 3. A wilfull failure to file can only occur after having received the notice from the City Manager or his designee. I have also revised the Resolution proposed by Mr. Osterholt, primarily as to form. However, the revision contains a clarification that contributions for City Council elections should not be solicited or accepted for a period of ten (10) days immediately prior to an election. It is also limited to disclosures of real property. and business interests rather than all property as provided in its original form. All property would include automobiles, bank accounts and other personal property in the City. i . 7/12/79 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 they "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 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- went. In recognition of these goals there is hereby estab- lished a Code of Ethics for those public officials. The 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 the Mayor, members of the Council, advisory commissions, committees and boards and staff department heads of the City, as well as candidates for the offices of Mayor and City Council. 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 there- in 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 a candidate for any such office, a disclosure statement. Subdivision 3. Within 30 days after a person has become a public official, such person shall file a disclosure state- ment, unless such person has done so pursuant to Subdivision 1 or 2 hereof. I Subdivision 4. In the event any person fails to file a disclosure statement within the times provided in Subdivisions 1, 2 or 3 hereof, the City Manager or his designee shall give written notice of the provisions of this Ordinance to such person who shall thereafter file a disclosure statement within ten (10) days from the giving of said notice. Subdivision 5. Any material change in such property interests or rights shall be disclosed by filing an amended disclosure statement within 30 days after such change has occurred. Subdivision b. 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. A willful violation of this ordinance by any person described in Section 3 hereof shall constitute a misdemeanor, punishable by imprisonment for not more than ninety (90) days, or a fine of not more than $500.00, or both. A willful violation shall include any willful violation of any of the provisions of this Ordinance by any person covered here- under, except the failure to file a disclosure statement with- in the times provided in Section•4, Subdivisions 1, 2 and 3 hereof. Section 5. Effective Date. The effective date of this Code of Ethics shall be FIRST R$AD at a regular meeting of the City Council of the City of Eden Prairie on the day of �#l"94 and finally read and adopted and ordered published at a regular meeting of the City Coail of said City can the im day of .1979. ATTEST: 7-Ohn D. Prane, City clerk Published in the Edens Prairie Nears on the day of .1979. t � M RESOLUTION NO. WHEREAS, it is recognized that election to public office, appoint- went to advisory commissions, committees, and boards, or employment by the City of Eden Prairie involves a public trust that transcends personal interest or individual gains NOW THEREFORE, BE IT RESOLVED, all current (and future) elected officials, advisory commission, committee and board members, employees of the City of Eden Prairie, and all persons who are candidates for or under consideration for appointment to or employment in such positions, are encouraged to submit and make known as a matter of public record all of the following, and/or any additional information which will enable the public to determine whether such persons have any special interest within the City which may tend to influence or lessen their independent and impartial judgment concerning any matter which may come before them for report, review or action in their official ca- pacity. (a) Financial interests in any real property, including a homestead, located within the City of Eden Prairie. (b) Ownership, employment, office,directorship, partner- ship or other financial interests (one involving a reasonable likelihood of gain having a monetary value of substance), directly or indirectly held in any corpo- ration, partnership, individual proprietorship or other entity currently located or doing business or contemplating locating or doing business in or with the City of Eden Prairie. (c) Financial interests of such person's spouse or other relatives in any of the foregoing. (d) Any changes in any such interests shall be made a matter of public record as rapidly as possible. - (f) Campaign contributions to candidates for Mayor or the City Council shall be made public ten (10) days prior to any election. such information shall indicate the names of contributors and the amount of contributions for each contributor. (g) When any Council, advisory commission, committee or board member abstains from voting on any matter of business it is earnestly suggested that the re'swons for such absention be disclosed and made a latter of public record. RESOLVED FURTHER, (1) Persons making contributions shall be advised that their names and amount of contributions will he disw closed. No contribution for City Council e3ectious will be solicited or accepted within 10 days immediately prior to any electon or following an election. (2) Any person who is aware of any facts which have tot been revealed by any person or persons in a position of public trust is encouraged to disclose such information. y• MEMO TO: Mayor and City Council of Eden Prairie THROUGH: Roger K. Ulstad, City Manager DATE: July 12, 1979 RE: Super Valu -- County Road 18 At the meeting of the City Council in which the first reading of Ordinance 79-01 for the rezoning of,property at County Road 18 and Anderson Lakes Parkway for community commercial purposes,, in- cluding a Super Valu store was approved. it was suggested that the Developers Agreement include a provision prohibiting the operation bf retail stores in the center for continuous periods of twenty-four (24) hours. We have investigated whether the City may properly impose such a condition in a Developers Agreement in connection with the zoning of property. Our research fails to produce a case in which specific limits- tions on hours of operation have been the subject of Developers Agreements. A Massachusetts case, Sylvania Electric Products, Inc. vs. City of Newton, 183 NE 2d 118 (Mass 1962) considered a Developers Agreement that limited the use of buildings to certain but not all of the uses permitted in the rezoned district. A Washington case, Myhre vs. the City of Spokane, 70 Nash. 2d 207, 422 PA 2d 790 (1967) approves provisions of Developers Agree- ments if they have a substantial relationship to the public health, safety, morals and welfare of the community. The Minnesota Supreme Court has not considered the question, but has addressed .Developers Agreements in a rather limited manner in City of Mahtamedi vs. Spychalla, 243 NW 31 (1976) where the Court commented in a footnote z m Z. Upon the validity of an agreement entered into betwmen the City and the defendant by which the latter had agreed to terminstas the operation of a nonconforming use (junkyard) by a certain gate. the Minnesota Supreme Court simply observed that it seemed that POMW to make Such an agreement is inherent in a mulsicipalityig authority to regulate zoning and land use planning in the public lntINrest and referred to Chapter 462 which authorizes Aunicipalitiers tv enact zoning and subdivision ordinances. X.S.A. $462.351 refers to °guiding fUtUre .devej*'pmemmt of land. - Insure a safer; more pheasant and more eca namicai e# F residential, commercial, industrial an ptsb9 Cs OG$JwitAB and . fie the Public Safety, morals and general From the foregoing, it may be concluded that while an argV=nt taha be made that the City has the power to impose restxiotioiiras against twenty-four (24) hour operations and that the. appli.petiee of Saaoh power in Developers Agreements appears to be supported by decisions in other states and, the general statement of the Misuaesota Supreme Court giving its approval to •Developers Agree- ments. Nevertheless, because the Court has not yet acted on a case involving this question, the matter is not entirely free from doubt. i Aa�, .:. .... C:^..: .. :... .,.. . ., r ,.. ,. 71. mmerml comp JV3Y 10, 1979 11r. Roger Ulstad City of Eden Prairie E950 Eden Prairie Road Eden Prairie, ft. 55343 res SVPW-Yalu Center Edan Prair$e, MinneOota Deer Rogers referenced a ng oloai two Copies of the Developer" A9reemarlt regard eg a above project. ui have thoroughly revie"d and considered fte eity=v the to flip the2mi3dijt 2.everving the position of th*#Wsr &es with,, the hardware, drag and vartetb*• Cla design engineers point out 4. traffic problem being created with the aW.,,rket parcel the point of ingress/egress frame the pi4*up at tharefore, from the s h safety Andarsacn tkee P eY, end remain as submitted.standpoint of boils aafety and function, the VI&U needs to 24 Additionally, the question of restricting the center frCm possible futur in-houra Aeration is one that, from our position ee€inancing, leases and ownership, could not be lived with, and therefore, into the agreement. has not beep gated It is our understanding on item #7 that the $70,000 representing the Citp'ss Share of iagroroement costs for turn signals and lane improvements will able against the prgperty and not due and payable as an up be esse85- '€xOnt cast. As we discussed, item #9 does not prevent customers from Pinking up their shopping items from the parcel pickvp during the hours between '6s30 A.M., or Prevent necessary standard maintenan 3D:pd p.M, and during arose hours. ds ce su as snow removal *e will be meeting for final agreement. Iwith the City on Tuesday night, July 17, 1979. hopefully Appreciete your cooperation. Very truly you", COWSWk CTIOM CONPW �, alines Vice President JRR/jw Enc. HOME OFFICE:RYAN BUILDING,HIBBING,MINNESOTA 56746—TF1.@'*=E nM3."W. MW#EAPOLIS OFFICE:7401 METRO BOULEVARD.EDINA,MWNEuOIc TA 55436_TESXp O SIE,0124,W.?ggp, lt+` �f stirpsr vaih Cty Rd 18 CITY OF EDER PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 79-01 ti 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 Community Commrcial District. Section 2. The above described property shall be sttibJeat to the terms and conditions of that certain Developer's Agreement dated as of ,1979, between RYAN CONSTRUCTION OF MINNESOTA, INC., a Minnesota corpoxatian, and the City of Eden Prairie, which Agreement is hereby made a part •hereof and shall further be subject to all of the ordinances, rule-II and regulations of the City of Eden Prairie relating to the Community Commercial 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. ae , Mayor ATTEST: SEAL j6hn D. Frame, City Cler Published in the Eden Prairie News on the day of VT t LEGAL DESCRIPTION FOR SUPER VALU STORE REZONING FROM RURAL TO C-COM OUTLOT E, GARRISON FOREST SECOND ADDITION HENNEPIN COUNTY, MINNESOTA EXHIBIT A DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1979 by and between RYAN CONSTRUCTION OF MINNESOTA. INC., a Minnesota corporation, hereafter referred to as "Owner" and the CITY OF EDER PRAIRIE, a municipal • corporation, hereafter referred to as "City", WITHESSETH: WHEREAS, Owner has applied to City to change the zoning from Rural to Community Commercial for approximately 9 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 construct a shopping center upon the - property- NOW THEREFORE, in consideration of the Mayor and Council of the City adopting Ordinance 79-01, Owner covenants and agrees to construction •upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated April 27, 1979, reviewed and approved by the City Council on May 15. 1979, and revised thereafter, attached hereto as Exhibit B and subject to such changes and modifications as pr ro ded herein. 2. Owner covenants and agrees to the performance and obs8r- vane by Owner at such times and in such manner as pro- videdtherein of all of the terms, covenants, agreements and conditions set forth in Exhibit C, attached hereto and made a part hereof. •j 6 Developer's Agreement-Super Yalu @ 18 pose P S. Owner, prior to any building permit issuance, shall submit tO this City Planning Staff for review and approval. a detailed landscaping plan► including but not limited to, beaming and landscaping lit screen the shopping center parking lot from the residential properties to the west and south, effective screening of the shopping center from all public roads, and total.screening of the garden center. 4. All exterior wails of the shopping center shall be faced with brick. 6. Owner shall not, and shall not permit others to, Constrlrct parking lot lighting on the property higher than 2II feet above the ground surface or equipped with lights other than cut-Off lnoeibars t0 restrict lighting to the property's boundaries. 8. Owner may construct a minimum of 5,8 bard surface perking spaces per 1,000 egUare feet gross floor area, for the property. 7. Owner shall pay on such dates as determined by the City's Enrgi'aaer the sum of $70,000 to the City as a ,part of the City's share of the cost of constructionand installation of a traffic signal and lane improvements ,. at Anderson Lakes Parkway and County Road #18: or Owner may request City to assess cost of said improvement against the property. Owner shall provide to City a band or letter of Credit in sub form.and containing such terms and provisions as shall be approvedby MeCity's Engineer. S. A building permit for the project will be issued only when Eden Prairie is fully assured that the comrmitment for the signal and all row improvements described in item 8 hereof are made and construction can p-roceed on a schedule which should coincide with the completion of said signal and road improvement. 9. Owner shall not, and shall not permit others to, deliver or pickup from the shopping center, to be constructed on the property, any goods, inventory, refuse, garbage or other materials between the hours of 10:00 P.M. to 6:30 A.M.,except pickup by customers during business hours. .. .. _. .... .. �. .•. . � ;tea Developer's-Agreement-Super Valu 0 18 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 M PRAIRIE, a municipal corporation of the State of Minnesota BY: Volfpng H. Penzel, Its h[aynr oger K. Ulstad. Its Manager STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 1979 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad.the city Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. Notary Public RY RUCTION 4F N A, IN ., a innesota i BY: it Ole e Ale 7_ r BY: Its The foregoing instrument was acknowledged before mey a , 1979 by 0444g.1 the and/ the of Super Valu Stores, Inc., on behalf of the corporation. ~. '' Nptary Public c- lV N _.... :,:. :. LEGAL DESCRIPTION FOR SUPER #ALU STORE REZONING FROM 'RURAL TO C-COM 4.. OUTLOT E. GARRISON FOREST SECOND ADDITION HENNEPIN COUNTY, MINNESOTA EXHIBIT A r9 . t, 0 1{ ' yi S � •�S, 43 1 1�1 V'"' } �.�..a f•• _+ S• fit•;�.o.( � 1^' i 11• F a G y ! ',�'�—fix--` ,..�..— `,�.J��. •,„ \1 '�'�ti,��' 7 +; .i ! ��\..- t � 1 i 1 1•�=or'... :�.• ^, tom,, j' , . i 1 . ' EXHIBIT B IL t ` ' i ' _ ° F v f 11EVEL0PER ` S AGREE14ENT EXHIBIT C1 page 1 of 3 owner shall submit a development plan prior to approval of the ftml prat which shall show,proposed grad"; storm,,WOO, drainage areas and direction of flow, preliminary utility plans, ponding area and flood plain highateY° lls for ICA year storm and minimum floor eievatiorrS for efi1 1-ots. Approval pf the final plat shall be.sub Ct to approval rrf the deve1o�rment _. . plan by the City Engineer. Owner shall submit detailed construction and SUM sewer plans to the RileylPwrgatory Watershed District for review and approval. Owner shai1 follow all rules and recommendations of said Watershed District. ;. Prior to the dedication, transfer or oaaiey Izce of agy real property or interest therein to the City as .p'mvided herein+ Omer shall deliver to the City an opwiniop ,addrassed to the 'City by an Attorney, and in a form , acceptable to City, as ta, the condition of the title of such propert+ or in 15eu"4f a title opinion, a title insurance policy insuring the 'condition of the property or interest therein i-n the City. The•somditi•on 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. l ,f Y 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 by a registered professional engineer and submitted to the City Engineer for approval. All private improvements shall conform to the City's building code requirements. The Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. ' As-built drawings with service and valve ties on reproduceable mylar shall-be delivered to the City Engineer within 60 days of completion thereof. _ . Prior to final plat approval, or issuance of building permits, _ . if no final plat is required, the Owner shall: . A. Submit a performance bond or. letter of credit which guarantees completion of all improvements to be dedicated to the City as determined by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improve- ments. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of said costs. Said bond or letter of credit shall specify that said improvements shall be completed and acceptable to the City Engineer not later than a date to be specified by the City Engineer and that said improvements shall be fully guaranteed against any defects in materials or workmanship for a period of two years following said completion and acceptance date. Acceptance of improvements by City shall be subject to recommendations of the City Engineer and to receipt by the City of the Owner's warranty, guarantying such improvements against any defect or defects therein for a period of at least two years, together with a bond or letter of credit in the amount of 25% of the costs for such improvements in such form as shall be acceptable to and containing such further terms as shall be required by the City. B. In lieu of the provisions of subparagraph V.A. above, Owner may submit a 100% petition signed by all fee owners of the property, requesting the City to install the improvements to be dedicated to the City. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any thereof which shall be dedicated to the public,over a five year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's performance of the rough grading work shall be secured by a bond or letter 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. ° TJ6YE'TV'plt 7 t1ip1(L ✓owr f'f/fm .:� ... ° page 3 of 3 Exhibit C C. Submit to the City Engineer a development plan showing existing contours, proposed grading, finished el+evaUMM, streets. sewer, water and storm sewer preliminary Wirt- Mont and grades, minimum floor elevations on each Tot., drainage ponds, high water elevations, and arrows shoes ing direction of surface drainage, locations of trails., etc. U. pay to City fees for first,year street lighting public streets) engineering review , and street signs., 11. Owner shall file this Agreement with the Register Of'.Deeds mr fegistrar of Titles and supply the City with, a.cuw. of this with information as to Document ilumbBr and dote Oldtiling duly certified thereon within BO days 19TUR VA date of this Agreement. 41 . if Owner fails to proceed in accordance with this:Ao,r#Mnt within 24 months of the date hereof and prOvide proof of filing in accordance with item V2. hereof, Owner for its7f, its successors, and assigns shall not oppose reaaning, 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. Vitt. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, except: x1 i I r e SUPPLEMENT TO RYAN CONSTRUCTION OF MINNESOTA, INC. AND THE CITY OF EDEN PRAIRIE DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1979 by and between The Press ve, a copartnership consisting of Carter&Gertz, Inc., a Minnesota Corporation, and The Minnesota Gas Company, a Deleware Corporation, .and the City of Eden Prairie, a municipal corporation, hereinafter referred tv as "City,. For tuul iu cu"Ideruliva Uf, aiid 1U induce, City lU adopt Ordiuuavu 78-U1 changing the zoning from Rural to Community Commercial, described in Exhibit A. attached hereto and made a part hereof, hereinafter referred to as "the property", as more fully described in that certain Developer's Agreement entered into as Of 1979, by and between RYAN CONSTRUCTION OF AUNNESOTA, INC., and CITY, The Preserve agrees with City as follows: 1. If Ryan Construction of Minnesota, Inc., fails to proceed in accordance with the Developer's Agreement within,24 months of the dale thereof and to provide prouf of filing as required therein, The Preserve for themselves, successors, heirs, and assigns shall not oppose the rezoning of the property to Rural. 2. The Preserve shall pay on such dates as determined by the City's Engineer.the sum of$10,000 to the City as a part of the City's share of the cost of construction and installment of a traffic signal and lane improvements at Anderson Lakes Parkway and County Road#18, provided that Ryan Construction of Minnesota, Inc., and the City ! proceed in accordance with the Developer's Agreement. 74 3. The Preserve shall construct concurrent with shopping*center construction, an asphalt walkway consistent with existing Preserve standards from the northeasterly edge of Outlot B, Garrison Forest Second Addition to the southwesterly edge of Outlot B, Amsden Hills Second Addition, as depleted in red on Exhibit B. •: •.- � _ .... .:..�.... .. . . . . ._..,._.. . ._. Owners supplement to Super Valu Stores, Inc., and the City of Eden Prairie Developer's Agreement page F THE PRESERVE _ sue• �;�� �„�; �c�.�'� Its J CITY OF EDEN PRAIRIE BY: Wolfgang H. Penze is Mayor BY: Roger K. U stall, Its Manager STATE OF MINNESOTAjj jSS COUNTY OF HENNEPIN 1110 foregoing instrument was acknowledged before me this day of , 1979, by Lee W. Johnson, Vice President of Carter a4rtz. Inc., sota corporation, on behalf of the corporation and by meth W. Vice President of Minnesota Gas Company, a Delaware corporation, on behalf of the corporation, as partners on behalf of The Preserve, a co- partnership. JOAN O.LA FORTE 0@myeemmo NOTMr iUBl1C•Y1NW—WTA r:-'E ,.N COUNTY cl--", r,.o. No..2&19 t Notary Public STATE OF MINNESOTA SS COUNTY OF HENNEPINJ The foregoing instrument was acknowledged before me this day of 1979 by Wolfgang H. Penzel, the Mayor and by Roger K. Ulstad, the Manager the City of Eden Prairie, a municipal corporation, an behalf of the corporation Notary Public ` Y. 49 LEGAL DESCRIPTION FOR SUPER YALU STORE REZONING FROM RURAL TO C-COM OUTLOT E. GARRISON FOREST SECOND ADDITION HENNEPIN COUNTY, MINNESOTA EXHIBIT A ( gyp, :,,;. ...� .siM beco,to A .uon i Gab icon forest :Second Addition Hall G.R. Ii. isk� rr pvide yaks$ •,,,... ;i.ir r. � �r t •",,+K+^' fa a'3 •..•.:.. � , TMN _ R its vifUlle too ' - "�40* '� trr, " 1 R6 ate► IL of. 1.t� rw .:y Y t "�" ,d� -• � �:. ., .� s _ {:-d' ti r" ,Jra Jlt.ib:+/f7✓raar♦!'�i Y�, ,� + $ w. �. ...•r a �J,rr r •;r atw.�� ,�rL: ��y�*r"�� ?I �,-�, �.''�• 8 ' ;� ,Mrk Circle ' $ V •i : + •� •+ems. �, ,• u AA X/l•f000•_ ... ^� •I tf" i J •� •(ales Cir. , aae.A,a.au AMnw•we a 44 4:U 4to WIN 341-7011 ,:. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 79-21 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 Public District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of ,1979, between EDEN PRAIRIE ASSEMBLIES OF GOD CHURCH, a non-profit corporation of the State of Minnesota, and the City of Eden Prairie, which Agreement is hereby made a Part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the Public District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the i9 day of June , 1979, and ordered published at a regular meeting finally read and adopted and of the City Council of said City on the day of 1979. wolf gang H. Penze , Wayor ATTEST: SEAL John D. Frane, City Clerk ,1979. Published in the Eden Prairie News on the day of _ ASSEMBLIES OF GOD CHURCH Legal Description: That part of the HE 1/4 of the SE 1/4 lying westerly of the center line of Eden Prairie Road and lying southerly of the center line of Duck Lake Trail, all as located in Section 6, Township 116, Range 22 , subject to easements, restrictions and covenants of record if any, Hennepin County, Minnesota. EXHIBIT A DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1979 by and between EDEN PRAIRIE ASSEMBLIES OF GOD CHURCH, a non-profit corporation of the State of Minnesota, 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 Public for approximately 10 acres more fully described in Exhibit A , attached hereto and made a part hereof and hereafter referred to as "the property .. and, WHEREAS. Owner desires to develop the property for church purposes. NOW THEREFORE, in consideration of the Mayor and Council of the City ' adopting Ordinance #79-21. Owner covenants and agrees to construction upon, development. and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated May 14, 1979, reviewed and approved by the City Council on June 19. 1979. and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements. and*conditions set forth in Exhibit C attached hereto and made a part hereof. 3. If it is determined by City Engineer that it is needed for realignment of the intersection of Duck Lake Trail and Co.Rd.#4. Owner shall convey by Warranty Deed that portion of the property shown as Outlot A outlined in green on Exhibit 8 or such part thereof as shall be determined by the City Engineer to be necessary for such intersection. The conveyance of 0noiiica- or part thereof shall be made by Owner promptly upon tion by the City Engineer of the need for such portion of the property for such purposes. Developer's Agreement-Assemblies of God Church P 4. tMrter sha11 dedicate or convey to the City and the public for public passage and use an easement 15 feet aide along the easterly part of the property commencing at the northeast corner thereof and extending southwesterly to the southeast corner thereof as depicted on Exhibit B. The dedication or conveyance shall be made concurrent with or immediately after filing of the plat. 5. Owner shall prior to issuance of any building permit. submit t0—the . City's Planning Staff for review and approval detailed landscaping., screening, and lighting plans, including but not limited tc. B 1`66t high parking lot lights, plantings within the parking lot area, and l.andsca.pe material along the property's southern boundary. S. City grants Owner a variance from Subd. 2.7, Ord. IBA, to permit Owner to construct upon the property a church building incorporating Jhe use of wood materials. Owner shall not construct or permit or cause others to construct any permanent structures or facilities for recreational uses upon the property south of the parking let. lans as $. in�Exhibitshall Bsubmit ,, too the City's revisions Planning Commission for�reviewoutlined and approval. g. Owner shall grade the property in such a manner as to prevent water from draining onto land situated south of the property. i-WI l� Developer's Agreement-Assemblies of God Church Page S 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. PenzeT, Its mayor STATE OF MINNESOTA) BY: SS. Roger K. UlstaCIts'Manager COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1979 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstac, the City pager o Eden Prairie on behalf of the corporation. Notary Public EDEN PRAIRIE ASSEMBLIES 'OF GOD CHURCH, a non-profit corporation of the State of ' neso BY: is STATE OF MINNESOTA) BY: SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this /f day of �. 1979 by k mho the At.1&At and the ghrta A&.,,., _ on 'behalf of the Eden P Prairie ASSeInDlies of God Church. �otary c ti MAN m Hufs�ur . tk1y p{•GLL'*Wr9i�i-rr�tiY40TA iii111 xNrrotrue�uarr� ��.� ASSEMBLIES OF GOD CHURCH Legal Description: That part of the ME 1/4 of the SE 1/4 lying westerly of the center line of Eden Prairie Road and lying southerly of the center line of Duck Lake Trail, all as located in Section 5, Township 116, Range 22 , subject to easements, restrictions . and covenants of record if any, Hennepin County, Minnesota. EXHIBIT A a, ; b . . gilt Intl rggrt tllg(g11t1grtt Igll SSgr igla ritlrll ggtg Alt*[least , Mla*ISglt SSSIt 23 MARCM 1979 —rra ESfRIPTi01t THE TEN ACRE SITE. OWNED BY EDEN PRAIRIE ASSEMBLIES OF GOD CHURCH. RISES GENTLY FROM A WE ELEVATION OF 930. TO A MAXIMUM ELfi WITION OF 940 AT THE BUILDING LOCATION, THEN NCOS UNTYROAD 4 SHARPLYRE O WN O AND DUCK LAKETRAIL. ELEVATION 922 AT THE INTERSECTION THE SITE IS PREDOMINANTLY TREELESS EXCEPT FOR THE WESTERN BORDER. THE PRESENT USE IS A CORNFIELD AND THE ZOWING IS RURAL. ra ^r n IPTION AND BUILDPdc BITING THE BUILDING IS LOCATED AT THE CREST OF THE HILL. APPROXIMATELY 144FT. NTY SOUTH OF DUCK LAKE TRAIL, 280FTWEguiODi�6ELINEEISESOSdE 310FTINTSCTION OF �UFRDM4 AND DUCK LAKE TRAIL. THE SOUTHERN PROPERTY LINE. THE BUILDING AS PROPOSED IS APPROXIMATELY THE SOUTHERN LOCATION ALLOWS NATURAL LIGHT 13.000 SO. FT. IN AREA. THE BUILDINGTTION D EAT TO.ENTER THE LOWER. LEVEL OF THE ADMI ALLDWNSSERALIGHTATD FI�TERITINIRU STAINED THE SANCTUARY IS POSITIONED GLASS OVER THE BALDACHINO. AND NORTHWEST LIGHT TO ENTER OVER THE MAIN SANCTUARY ENTRANCE. NO WINDOWS ARE LOCATED ON THE EDUCATION AREA NORTH WALL AS AN ENERGY CONSIDERATION. MATERIALS OF CONSTRUCTION WILL BE SIMPLE AND CONSIST OF MASONRY. SYSTEM AND GLASS. COLORS WILL BE REDWOOD. LAMINATED WOOD STRUCTURAL PREDOMINANTLY EARTH TONED — THE BUILDING IS DES' GNEO. TO BECOME A PART OF THE SITE. PARKING AREAS WILL BE BERMED BETWEEN ROWS AND AROUND THE PERIMETER. PLANTINGS AND LANDSCAPING WILL CONFORM OR SURPASS REQUIREMENTS OF EDEN PRAIRIE ORDINANCES. PLAYFIELD AREAS SHOWN ON THE SITE PLAN ARE FOR MASTER PLANNING PURPOSES ONLY AND WILL NOT BE CONSTRUCTED AT THIS TIME. WE FEEL THE USE OF THIS SITE AS A CHURCH SITE IS COMPATIBLE WITH' THE NEIGHBORHOOD AND WILL ACTUALLY ENHANCE THE VISUAL EgtvtltON'MENT pF THE SITE. WE RESPECTFULLY REQUEST YOUR APPROVAy- Of THIS REZONING. Exhibit B gage i Gf 4 ...! 4z , At ax f r M � 1 A " .: 1 $ It x Ali .� LS fm il• m P, OL �. • i 5 Is i Exbibit 8 page 3 of 4 ' rr• t/,•`'f'� -} —ems 2 ii t. t�, }(^ Rt>. 1 S f«.. •• i, 1 ll .. .•t;'�:�' �: 41 a aflFy.•S� tT>. i" r a= `r� Lij, rr ••w .•� ! �`�• .,yT:r.: ,, ,b,.. - � , 11!{�' Y'rf wl'�� j.�:�"•.rr...CY _ �.• F• .: }aj S ••i , �u „•! .;� rt y. `i..r.JL?i .• .2.... C '�j t 5 t tis.r•.I�.S j.:a:t'13•ti i:'C;..Lt•�s t.. .:.j .... 96 A 1, INA t • Ap 5 w•' >e•� itr< •xS�i1�f � 3a't '� S`f.a 1 .. i `.rL.i..�.s ��. •,_„Yt 2 ri �! i y i� lffc4l il", y .� 4L rKaJ IX AIV I; v I AExhibit 8 page 4 of 4 -• May 14„ 1979 71 DEVELOPER ' S AGREEMENT EXHI SIT C 1� page 1 of 3 Owner shall submit a development plan prior-to approval of the final plat which shall show proposed grading, storm waiter drainage areas and direction of flow, preliminary utility;plans, ponding area and flood plain high water levels for 100 year storm and minimum floor elevations for all lots. Approval of the final plat shall be subject to approval of the development plan by the City Engineer. I. Owner shall s bmit detailed construction and storm server plans to the ram o (Watershed District for rev'iew and approval. Owner shall follow all rules and recommendations of said Watershed District. TN. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein-, Uwner 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 iierein:by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. • i lv• All sanitary sewer, watermain and storm sewer facilities, streets curb, gutter, sidewalks and other public utili ties("improvements") to be dedicated to-the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engineer for approval. All private improvements shall conform to the City's building code requirements. The Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall-be delivered to the City Engineer within 60 days of completion thereof. Prior to final plat approval, or issuance of building permits, if no final plat is.required, the Owner shall: A. Submit a performance bond or letter of credit which guarantees completion of all improvements to be dedicated to the City as determined by the City Engineer. The amount of the bond or letter of credit-shall be 125% of the estimated construction cost of said improve- ments. The bond or letter of credit shall be in such form and contain such.other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of said costs. Said bond or letter of credit shall specify that said improvements shall be completed and acceptable to the City Engineer not later than a date to be specified by the City Engineer and that said improvements shalt be fully guaranteed against any defects in materials or workmanship for a period of two years following said completion and acceptance date. Acceptance of improvements by City shall be subject to recommendations of the City Engineer and to receipt by the City of the Owner's warranty, guarantying such improvements against any defect or defects therein for a period of at least two years, together with a bond or letter of credit in the amount of 25% of the costs for such improvements in such form as shall be acceptable to and containing such further terms as shall be required by the City. B. In lieu of the provisions of subparagraph_V.A. above, Owner may submit a 100% petition signed by all fee owners of the property, requesting the City to install the improvements to be dedicated to the City. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any thereof which shall be dedicated to the public,over a five year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's performance of the rough grading work shall be secured by a bond orletter of credit which shall guarantee completion of the rough grading as determined by the City Engineer. The amount of the bond or letter of credit shall be 125. of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. page of 3 Exhibit C C. Submit to the City Engineer,a development plan showing existing contours, proposed grading, finished elevations, , streets, sewer, water and storm sewer preliminary align- went and grades, minimum floor elevations on each lot.,, drainage ponds, high water elevations, and arrows show- fing"direction of surface drainage, locations of trails, .:'. etc, V. Pay to City fees for first year street lighting (Public :.. streets) engineering review , and street signs.. i i aer shall file this Agreement with the .Regi seer.of;fb s,-or Ristrar of Titles and supply the Citywith a ciriry•df Aga ftreement with information as to Document Number* and*tre and Aime of filing duly certified thereon within 60 days froaa the i;A of this Agreement. yX . If Owner fails to proceed in accordance with this Agreoment within 24 months of the date hereof and.provide proof'Gf filing in accordance with item VT. hereof, Owner for itself , Its successors. and assigns shall not oppose rezoning of said Property to Rural. V11 . Provisions of this Agreement shall be 'binding upon and enforceable against Owner, its successors, and assigns of the property herein described. 1t owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, except: -1 s: Lot 11,-'Blftk 3. Yorkshire Point " t CITY OF EDEN PRAIRIE HENNEPIN COUTNY, MINNESOTA ORDINANCE 79-22 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS . I�Ot,L0i0$s Section 1. Appendix A of ordinance*No. 135 is amended ae follbwss The following described property, Lc�tll, $yrack 3 , :'+=Uh3,re Point, shall be and hereby is removed from the I-2 tom: District and shall be included hereafter in the Rural DIStriOt- Section 2. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the. City of Eden Prairie on the 19 day of June ,1979, and finally read and adopted and ordered published at a regular meet Jag of the City Council of said City on the day of 1979. Wolfgang H. Penze , Mayor (SEAL) ATTEST: John D. rane, C ty Clerk Published in the Eden Prairie News on the day of 64 �alNVTt�s CITIZINS AMORY COMISSION ON CABLE TV TMRMY, JUNE 21, 1979 700 P.M., CITY ITALL ?,K WUSSION 104DERS PRESENT: tarry VanMeter, chairperson; Rita Conrad, Nokia Ismail, Lyle Shdw, John Lovas ISSION MEMBERS ABSENT: William Person, Jamas Rude SUPP PRESENT: Roger K. Ulstad, City HwqW r "CTIR PRESENT: Ann Davis, State of Minnesota Cabler Communicatto*s Board Tjw meeting was called to order by Chairperson tORStar at.7AS'PA, with. 141SUMaion of the survey results. The Pablic Nearing portion of the meeting m,tof!$,cially opened at 7:30 P.M., the suxasy xes(tlts witre,r ested w1.'tih the �°aUvxing recommendstion, by motion, to the Rd= PrAdTle C1sty Sham moved that the Citizens Cammissiort fKabl0 T1TeSds;Y City C=cil: 1) The citizens of Eden Pistri--O 40iXS.te h z*148 .,. •1alnvisio n. 2) the City should continue to participate iu the A eyi�lep nt I$ basis franchise agreement with the cities in the Joint powers Atm,2ement Ajftd E) the existing commission should add detailed 4nfommaxie„ teu"awT#s94 ioft surveys and other sources to the basic franchise agxae�nent for bS�#a City Council before a request for bid is Publfshad.wovmy 'lhaIirst ricmxammendatioan should be supplemented by (a) a 4ficTiPti0ft Of whet tho'rsin 4id, (h) a statistical summary of the results'of our suV'ey, W. (a).A` Py"of the survey. Seconded by Verffieter. goti,carried unwXiA rsly. itespeefuily Submitted, *A rlys Dahl Recording Secretary P : I I 1 Franchising j I A franchise is a legal granting of permis- The invitation will specify the System } sion by a municipal government to a design and services desired as well company, allowing it to sell specified as the channel capacity, access services within a designated territory. channel requirements and require- f Usually the city council must pass an menu for related staff and facilities. ) enabling ordinance in order to create a construction requirements.and two- franchise.In Minnesota,the franchising way capability. These requirements i procedures for cable television are laid and specifications will be prepared in out in the rules cfeatedby the Minnesota consultation with the state cable I Cable Communications Board. board. Thirty-four franchising stan- dards have been established to pro- Steps In Franchising tect the municipality,the subscriber, 1. Cable Service Territory.A cable ser- and the cable company.Notice of the vice territory must be proposed by a invitation is advertised locally and municipatity or cable company and nationally in trade journals. approved by the state cable board 7• Public Hearing,The contents of each and.if it is in the metropolitan area, application are presented at a public must be reviewed by the Metropolitan hearing. Applicants are interviewed Council.Public notice of the propos- at the hearing and the franchise may at and a waiting period are required. be awarded at this time or later. 2. Citizen Advisory Committee. A citi- S. Franchising Ordinance. After one zen's advisory group must be ap- of the applicants is chosen, an pointed by the local government or ordinance specifying the terms and governments involved in the cable conditions of the franchise is drawn ; service territory, up and passed by the local gov- 1 S. Study Period.The advisory commit- ernment(s), t tee informs itself and the community An abbreviated procedure is available it about cable communications by re- for cities with populations of less than viewing published information.slate 1.200, and federal statutes and rules and regulations. and the experience of Who Owns the Cable System? ` other cities with cable communica- tion systems. Public information Selecting a private corporation to own meetings and a series of articles in and operate the community cable sys. the local newspaper may be helpful tem is not the only alternative.Some cif- during this period. ies choose toown and operate their own 4. Assessment of Needs.The advisory systems, In Frankfort.Kentucky.for example. f committee assesses communication the cablesystem was tust built and oper- { needs in their local area.Methods of ated by the local public utilities corn. assessment may include public hear- pany.in 1956 the utilities board helped ings.a random sampling of commu- form a non-profit corporation which pity opinion, and interviews with leases the cable system from the board community leaders.Results oftheas- and handles itsopeiation.Surplus funds sessment are reported to the local are transferred to local charity.The pro- government(s)and the process and coeds have helped build a new YMCA results are made available to the building "tc• In Minnesota, Bagley, Big Falls. 5. Recommendations. in reporting to Fosston,Jackson,Taconite. and War- the local goveinment(s)the advisory road all own their own cable systems. committee recommend$whether or Another form of ownership is a not to proceed with franchising.The shateC participation plan.Ownership committee also recommends what Can be divided in any number of ways. provisions should be included in a For example a major eastern city isCon- draft ordinance for the franchise. stoer trig a throe-way division ofowner- 6. InvdationforApplications.After Con- shirbetw eon pfivatecorpo rat sons.city Sdermll the advisory committee s goveisinK•nt,and individual citizens ' recontnicidabnns,the local govon- ihteu.ahasicnk ofloinq will)coidiolled mends)proceeds to invite bids for a share allocations for each w-clot of cable communtcations franchise ownership. 3 MEMORANDUM TO: Mayor and City Council THRU: Bob Lambert, Director of Community Services FROM: Stuart A. Fox, City Forester DATE: July 12, 1979 SUBJECT: Tree Program Report The tree disease program has operated basically the same for the past 3 summer:,. Ithenever diseased trees are marked the property owner, according to Hennepin County Tax records, receives a notification card informing them of his/her findings. The notification card is either handed to the property owner after the inspection or pai.led following a phone tali. =AdAPLE OF NOTIFICATION CARD OF EDEN PRAIRIE NOTICE-OF TREE DISEASE&REMOVAL ORDER ORDINANCE NO,n"M INSPECTION DATE PERSONAL PARCEUADDRESS PHONE CALL OF PROPERTY OWNER�NAmFJ GENERALMAIL © CERTIFIED MAIL INSPECTOR SECTOR MARKED TREES TO BE DOWN aY: TREE INSPECTION WOOD PILIJOESM TO BE DEBARKED/REMOVED BY:— WOOD PILE OR DEBRIS TREES ON I ACRE RESIDENTIAL PARCEL OR WITHIN 100'OF HOUSE HIQH RISK© LOW RISK❑ (CONSECUTIVE NUMBER OF TREES) " --- --- order _�— to/8" --------- Over IV, — _.__ —" ---- --- --- ---- TREES ON ALL OTHER PROPERTY Q COMM.IND CIA-- I t I-PU01IC wrier Over r INDICATES OAK TREE DEaARK BI,L STUMPS -- COMMENTS PROPENTV ACNFAGI ----�--- TR1.1511OWN TNEESSU/IN111_r45_,No IIAII PU .411 UP _ ... VACANT IOT HOU.•1 IrN14 H I'.1+r,';I .......�.,�,._ RLI-MUSIA110NINEFS I The property owner also receives a "Diagnosis and Removal of Diseased Trees" information sheet which explains the procedures for the removal of diseased trees. Please refer to attached copy of this sheet. A summary of the tree disease program as of July 11, 1979 is as follows: Number of diseased trees marked 2,000 Diseased trees cut down 305 Status of doin trees Hauling completed 200 Ready for pickup 105 Trees overdue (.Le. past 20 days) 150 At present the majority of trees have been hauled within 7 days of the homeowner calling the staff and reporting that the tree(s) are ready for pickup. With the arrival of the now hauling truck, which is anticipated for July 19, 1979, the curb time for diseased trees will remain the same or improve slightly. Twenty days after notification if the property owner has not removed the tree (ie. homeowner has not tailed for pickup) the notification slip is pulled from the file and a zerox copy made. The tree inspector who marked the tree then calls the owner to find out why the trees are not down. The result of this call is reported to the forester. Generally the status is reported to be one of the following: 1. Waiting for contractor, NSP (trees in power lines). 2. Some trees down (example 4 out of 6 trees dorm). 3. Trees are down - Homeowner failed to call and request pickup. 4. Trees are not down. If the trees have not been removed within 20 days the card is marked and the property owner will not receive reforestation trees this fall. In the past the staff has attempted to work with the property owners of the City to reach a mutual solution for the removal of trees. This has been successful in obtaining removal of 90% of the diseased trees. In late 1975 - early 1979, the Council authorized that remaining diseased trees from the summer of 197S be removed by contractors and the cost special assessed to the property owner. This year the staff-is again attempting to work with property owners to got the trees down, if not within'20 days then certainly within a reasonable time period. The staff feels that this has been effective and gets the majority of diseased trees removed. However, as in past years, the removal record of some property owners has been far from desirable. Ordinance 77-36, Tree Disease Ordinance, provides under Section 68. that in the event of an infection in imminent and the diseased trees are not removed within a specified time that the forester, after a report to the Council, may abate the nuisance as follows, Such abatement procedures shall be carried out in accordance with current technical and expert methods and .....with the approval of appropriate City officials. _ _6F The cost of such abatement is to be recorded by the forester and rPTted to the City Clerk. I£ the charges for abatement go unpaid the costs assessed against the lot or parcel on which the trees were removed from. 77re staff feels that the majority of property Owners are doing their best tO rcOaov® their diseased trees in an expodient manner. Nowover, the staff feels that by the and of this month it will be evident which property MMOts aWO zmliactunt to remove their diseased trees. The staff will have 8 list prepttred Si x the August 7,1979 Council meeting of diners which Aave: not compliod with the removal notice and will have specific reeOMSOndataons at that time. SAF:md 77 ,a e 3 f DIAGNOSIS and REMOVAL of DISEASED TREES DISEASED TREE IDENTIFICATION The identification of diseased elm or oak will be done by the City Tree Inspectors during the growing season. Diseased or dying elm or oak trees will be clearly marked with a band of yellow paint and numbered. Homeowners are asked to remove only trees which have been identified, painted and a notification card issued by City Tree Inspectors. NAPE: If you have a tree which is dying or dead, please tail Marlys at 941-2262 for a Mee inspection prior to removal. The City will not haul any trees which have been removed without identification and marking by a Ity Tree Inspector. The clutch elm disease fungus Ceratoc stis ulmi and Oak wilt disease fungus Ceratocystis ,fumcearum. commonly spread from an t ected tree to an adjacent healthy tree through natural root grafts. Root grafts commonly occur in trees growing within SO feet of each other. This spread through the roots can be prevented by the use of mechanical or chemical trenching. A mechanical trench is established using a ditch witch, at the midpoint between the healthy and diseased tree. The trenching should be 36"-40" deep and cover the entire distance where root grafts are suspected. Infected trees which are mechanically trenched may be removed immediately. A chemical barrier may be used instead of a mechanical barrier. When using a chemical barrier it is established on a midpoint line between the healthy and diseased tree. The chemical used is called SIDC or Vapam. To use a Vapam barrier, homeowners should follow the label instructions of the manufacturer. If a Vapam barrier is used, it must be applied 2 weeks prior to the removal of a diseased tree. t�u�fif�°f EuSAff '!f �IniGyKjtorl Wil:qt��-1KtsrtGe! s ifUtE1.'t�G 11�EE' 10 is J Y REMOVAL It is the responsibility of the homeowner to romove a diseased tree within 20 days, after it has been marked by a City Tree Inspector. Once the tree is down it should be; cut into pieces 8'-10' long, hauled to a City street and stacked in 2 piles (separate logs and brush.) DO NOT STACK UNDER POWER LIKES. The stump of the tree must be debarked to groundline after the tree is cut down. When the entire tree or group of trees is ready for pickup, please call Marlys at 941-2262, ext. 36. L M I �; r NOTE: Woodpiles containing elm wood which has tight bark or containing elm debris will e erdered out. Owner must haul the pile away or debark. REFORESTATION Homeowners who remove a diseased tree, over 611 in diameter, from a I acre residential lot or within 100' of a home are eligible for a replacement tree. There is a maximum of 8 trees per homeowner. TREES MUST BE REMOVED BY DATE INDICATED ON THE NOTIFICATION CARD TO QUALIFY FOR REFORESTATION TREES. Tree order forms will be sent directly to the homeowner in the fall or the following spring depending on tree availability. SUAAUIRY OF THE PROCEDURES FOR 111E DIAGNOSIS AND REMOVAL OF A DISEASED E111 OR OAK TRITE, IN EDEN PRAIRIE 1. Identification - by City Tree Inspector prior to removal. 2. Interruption barrier if desired or necessary. 3. Removal - 20 day period for removal. a. Cut down - by homeowner b. Cut up - 8'-10' longhts maximum c. Separate - main trunk, limbs, brush d. Stack neatly by curb e. Debark stump c f. Call for pickup - 941-2262, oxt. 36 4. Reforestation Program tiRM1RAt�DURt TO: Mayor and City Council TMW-. Roger K. Ulstad, City Manager PR AI. Bob Lambert, Director of Community Seraviees July 12, 1979 $UL7RCT: Senior Citizen Transportation. Piroj'eats in January of 2979, the City Counc'Ji approved a six Is1 pragsak. to provide scheduled transportation service to the senior citizens in , Idea Prairie. This six month trial period was initiated in Pebx of 1979 and will terminate August 1, 14". Attached is a brief xvPOrt • on the Senior Citizen Transportation YrOJWt. Also, Included is a draft �+ of the next schodula which is ready to ;go to the print shop if th$ project is approved. After reviewing the information on the six month trial program, the staff. is recommending the City Council authorize continuativu of this prog • Although, there is not high number of riders, the people that did use use the service indicated that it was .greatly appreciated, and staff feels this program will expand as the Senior Center is developed and the programs there are also expanded. BL:md A iC SUMMARY OF THE SENIOR CITIZEN TRANSPORTATION PROJECT February thru June 1979 On February 5, 1979 a six-month trial program to provide scheduled transportation service to senior citizens in Eden Prairie was initiated. i The city station wagon was driven by volunteer drivers, with seniors reserving space by calling the switchboard operator two days in advance. I In the first five months, 27 volunteer drivers were recruited, and 50 trips were made. Twenty two senior citizens utilized the service for a total of 149 rides being provided. Five destinations were scheduled: Congregate Dining - Located at Faith Presbyterian Church in Minnetonka, congregate dining is a program offering excellent noon meals to persons 60 years or older, five days a week, at no charge (contributions being accepted). Prairie Village Mall - Shopping opportunities available at the grocery store, drug store, hardware store, and at a variety of other shops, as well-as at the bank and the professional offices. Eden Prairie Center - Shopping available at large department stores and other special shops. Eden Prairie Clinic - The clinic offers medical treatment and physician services. Pioneer Club - Until May, the senior club was meeting at the Immanuel Lutheran Church near Prairie Village Mall, twice a month on the second and fourth Thursdays. In May the Pioneers began meeting at the new center on Staring Lake. The service was utilized most heavily during the winter months, when the seniors had fewer opportunities to get out of their homes. During the winter the seniors used the opportunity to go to the Eden Prairie Center in order to exercise by walking around more than for doing necessary shopping. This spring and summer, the trips to Eden Prairie Center have not been used at all. Although in the survey of senior citizens conducted last fall the top priority listed for transportation was for 'medical services'. the scheduled trips to the Eden Prairie Clinic were utilized only once. Most older people are reluctant or unwilling to change physicians and chose to continue with their physicians at other locations. Public health nursing services do provide periodic health screening at the Pioneer Club meetings, however. and the transportation on club meeting days received the heaviest usage. Now that the Senior Center on Staring Lake is open on a regular basis, the seniors would like to see transportation to that destination increased. f ' ml ;,. This fall, a variety of social services as well as recreational opportunities will be offered at the Center. Overall, the seniors have expressed satisfaction with the project mW are anxious to see the service continued. We have been successful so 'Par in recuriting volunteer drivers but would recomaend that an effort be made to acquire a van for use be the senior citizens. This vadd enable us to reduce the number of trips by increasing the ftum BP of passengers that could be carried in one trip. Following are the costs for the program to date and a breakdown _;. of the utilization of the service by months. t12 4 k SENIOR CITIZEN TRANSPORTATION PROJECT �. February 7 riders 21 rides 4 destinations: club mtgs. cong, dng. E.P. Center Village Mall March 15 riders 45 rides 4 destinations: club mtgs. cong. dng. E.P. Center Village Mall April 12 riders 34 rides 4 destinations: club mtgs. cong. dng. E.P. Center E.P. Clinic May 10 riders 22 rides 2 destinations: club mtgs. cong. dng. June 11 riders 27 rides 2 destinations: club mtgs. cong. dng. FIVE MONTH TOTALS 27 volunteer drivers 50 trips made 149 rides provided 22 riders 5 destinations utilized 1 Costs for Senior Transportation Program folders for drivers $10.40 printing letters to seniors and maps for drivers 25.50 pus for senior mailing 16.80 prig of schedules 2 sides 6.50 :printing of schedules (4 sidesi 22.50 '..postage for mailing schedules 17.81 Additional costs associated with the program include gas and up«keep aft the city station wagon as well as approximately four.ham'of aiteff time per week spent in coordinating the program. .'Urve was no charge for the transportation, but dontuo" (maximm u C,50) WrO accepted by the drivers and turned in to the setchboard l"p M r ^ Wm the station wagon was returned to city hall. donations received $36.85 n si Jk. VOLUNTEER DRIVERS FOR SENIOR CITIZEN TRANSPORTATION PROJECT Drivers # trips John Retterath 0 Bob Hallett 1 Keith Simons 1 David Speed 0 Roy Terwilliger A . Steve Jacobs 3 Walter Carpenter 3 Dennis Dirlam 0 Jessie Schwartz 0 Dean Edstrom 4 Merle Gamm 0 Skip Lane 4 Gary Peterson 2 Tim Pierce 3 Roger Ulstad 2 Mary Peterson 3 Henry Eserhut 2 Sidney Pauly 3 Debbie Sorvick 0 Sue Lane 2 Doris Wolter 3 Shirley Warren 3 Ruth Bach 0 Norma Unze I Harriet Johnson 0 Agnes Daluge 5 Jean Reicivad r 1 ' f. July 16, 1979 Dear Senior Citizen, On July 17, a report on the Eden Prairie Senior Citizen Transportation Program was presented to the City Council. During the first five months, 22 senior citizens utilized the service. Nineteen volunteer drivers made 50 trips, providing 149 passenger trips. Based on the use that you made of this service and the increased potential for usage now that the Senior Center is open at Staring Lake, the project was approved for corttnuatton, At the July meeting of the Executive Board of the Pioneer Club, changes in the summer transportation schedule were recommended. Please note that otrly three destinations are scheduled through October. Prairie Ville" Mall is scheduled for the second Tuesday of each month. Congregate Inning at Palth Presbyterian Church in Minnetonka is scheduled on the first and third Mondays and every Wednesday. The Senior Center at Staring Lake is scheduled the second and fourth Mondays, the first and third Tuesdays and every Thursday. When the next three month schedule is planned this fail, the laden Prairie Center and Eden Prairie Medical Clinic may be included again. - Should you need transportation for medical or dental appointments in Eden Prairie during the next three months, call and we will work your destination into our route. We're glad that the transportation program has been approved for Continuation. Your input will determine how successful we can become. If you have questions or comments or suggestions, please call me or one of your area representat ives: Lorena Marks, Quadrant A: 935-1012 Priscilla Good, Quadrant B: 445-1956 Clara Heath, Quadrant C: 941-1563 Erna Jackson, Quadrant D: 941-1147 Eden Prairie City Hall 941-2262 Senior Center at Staring Lake 941-8336 Sincerely, Rae Bly :1 Human Rights/Senior Citizen Coordinator co 0) to ol W �to t�. Sa d W tftva:la m AY N O to tt N W W� N N p W tr of 14 ��yf qld► tn CA cn 0 tj © {A 0) t7°°t70° .pp G"�Gb° N Ni3 tD� p C AtN�4D� CAu+tnxnp� Y � Efru+��x - CD p �Y a. ~ rw t1 'r Cj7 O r C7}y�� �a � tj S Y � d P o d N d tg N p 07 ..r .. ; � b �,� s pI=tj w 0 W 0 tl .. a is Rj r 4, j c?.» .• b`p wrw BOO cn cn rpm cn cn O cn cn cn in mto0 ca © co Cif CD C ca s s 0 "'' p p �b0bcn CR t' Y Y 'Y � L7 W N N O�O '1�► INN {Q Et W a K(7! Y Q.W ►'• 'JY W Ln to W M' [lt m W 1 o J J Cl) y� 4w t r� CAd eq tom�r+ '^N0P N CAc"tn f ca co rrl ss 0 ti w 0 ICA. CAW (gyp f~ll o p Pv r't" AI 40 NNYiD� N NO�� NN,O LOB Mks N CA'. CD ill Cnw O® Vt lJt,(ndm <n(Aca 'in©7C 11 , p iV N —i ODmmoo �. co OD 4 . Wxf rlo OD �► �•I ' 0:00b nb0 D, da m d ®a a°a° C1 a 90 '90 WWW�� r nl�D WW C7� '" •fir o C'1 CD C OD + � + o + ++ a °°d°d� c �. babar ...� - Do �► !?�ill tl1 i@ © W (D W1 co r � , 1(ppQyj W �� iJ1 00 C o C7 0 a 0, ,, o . M L7 + b + tjwu m �wt � �W �. E EF E • �p��W N N O�� {� W W(AO? W W W O 7C' W ist a+0 7C W r't+p Flo t?� co to On, 0 .. : . ME6lQIUlldDtnrt TQ: Mayor and City Council Parks, Recreation and Natural Rcsv=es Cemmission Roger X. Ulstad, City Manager ,PON. Bob Lambert, Director of Co=gn ty Services '- ..e ... : July 12, 19y9 St TEGT: Milkovich Appraisa); As yeu may recall, in.J►ne of this year thin 'COURO l:Wroved;aat[rai ntiusn to obtain an appraisal on the 4eorge and Carolyn lei��Ovlch.� ',at 0.561 Timber Trail in Andenon Lskes Park. an v' �Cseea�t lMTr� ck head written me a letter indicating that they.platuled to begin list : their property for sale and wanted to notify the Gitjr in case the City WAS still interested. She indicated they were going to put the property an the market at 10 received our appraisal from Mr. Howard N=ehm,,anod he has apPrmisod the hmae at $92,500. Staff is now requesting authorisation to make an offer to the Milkavich-As bused upon the appraised value of S92,M. BL:md ,i MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission 711RU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: July 13, 1979 SUBJECT: Hidden Ponds Park Sites Appraisals In the rezoning agreement of May 24, 1974 between Ecklund and Swedlund Development Corporation and the City of Edon Prairie, the owners agreed to develop the property in accordance with architectural landscape plans submitted to the staff and subject to the following conditions: 1. A pedestrian system, lighted underpass and/or overpass to be provided along the major community trail where it intersects the north/south parkway. 2. The north/south - east/west pathways,as suggested previously,should be incorporated into the plan. 3. Dedication of all the land suggested accomplishes the City's objective of creating open space and easement in the development and should be accepted. 4. A homeowners association would be created. S. Blocks 13 and 14 be platted as outlets on the plat rather than into the 25 lots as proposed, and the road which crosses the major trailway to serve this area should be eliminated and cul-de-saced north of the trail. Blocks 13 Ind 14 would be retained as outlets for three years from date of approval and if the City or School District failed to acquire the property, the preliminary plat would be effectuated. 6. The City should proceed to acquire Blocks 13 and 14 with purchase price to be somewhere in the $100,000 range provided the developer meets the assumptions stated previously for paying all assessments and construction of all roads to service the area. 7. This $100,000 could be repayed by assessing subsequent land develornnents in the area at the rate of approximately $200 per unit for cash in lieu of parkland dedication. This would include areas such as the one Ix-twrwi the entire hidden Ponds proposal. It was anticipated that approximately SOO additional units would be constructed in this area and would receive service benefits from the provisions of this ncighborhnod park and/or school. _2. In 1978 when the staff was reviewing neighborhood park alternatives for the Hidden Ponds area it appeared as though the original park site was about to be developed. Therefore, staff looked to the southwest at the Gimp Frontier site. In 1978 staff compared the 22 acre Camp Frontier site with the 42 acre undeveloped site immediately to the south the Camp Frontier site. Both sites were listed on the market at that time. The 42 acre site was on the market for $168,000 ($4,000 per acre). This site contained approximately 20 acres of an open field and 22 acres of wood. The Camp Frontier site was on the market for $140,000. This site contained the following: a) three limestone tennis courts constructed in 1974, b) 65,000 gallon swimming pool with a six inch well casing, c) a wading pool, d) block building for equipment,water heater and dressing rooms, e) archery range, f) nature center shelter in the woods 14x20, g) open air theatre wood benches facing a small hill with a curtain, h) trampoline pit, i) high climbing tower approximately 12' high�has four sides, each at a different angle set up for teaching mountain climbing techniques, j) softball field, k) driveway and parking areas. The 22 acres is approximately 12 acres of open field and 10 acres of woods. In 1978 after comparing the Camp Frontier site with the 42 acre site to the south, I recommended the Camp Frontier site as the best park site to serve tho Hidden Ponds area. The major drawbacks of the Camp Frontier site was that its western boundary was Chanhassen and its major service area would be to the north and the oast. After a number of discussions with the owners of the Camp Frontier site, I requested them to submit to the City a purchase agreement in February of 1979. They did comply with this request and submitted a purchase agreement for the sum of $168,000. In June of 1979, I requested the City Council to authorize staff to obtain appraisals on the Camp Frontier site and on the original proposed park site. (It appears as though the developer has not been pursuing immediate development of the original park site.) 14r. J. 0. Janski appraised both sites and arrived at the following figures: Camp Frontier Site $125,000 12 acre portion of the original 55,000 park site There is merit to both of these sites. The Camp Frontier site is developed for use as a neighborhood playground and would require very little devolol nnt costs, although there would be substantial maintenance costs with the swimming pool an.i limestone tennis couitc. The existing trailway along the abandoned railroad tracks provides existing pedestrian access from the northeast. The original park site is more centrally located to the liidden Ponds neighborh(W— It is approximately halfway between Prairic View School and our western border,and could be developed into a very nice nicghborhood park. Acquisition and development costs of this park would run between $150,000-$200,000. •3- There are several developers that have contacted both myself and Nt. NOW and are anxious to have the City make a determination on the Camp frentipr question as they are interested in acquisition and development of this property. The Parks, Recreation and Natural Resources Commssion is not anxious to begin acquisition of any more neigbborhood parrs until the bark bond referendum eimoaiittee has made a recommendation, and priorities for acquisition and development of tltsi,ghborhood facilities have been set. It is the general feeling of the staff that the original park site is tlxv in-arfora=bie Ate mainly based on location. At this point, thr•Countil has the E611bwing Opticlnsr. S. Iivgin to negotiate an option or contract for ,deed on the Camp Proartier site. 2. begin to negotiate an option or contract for deed an -tihe oxra,- Uml pork site. 3. Take no action at this time and wait until the park band,,referendum committee has made their redommendation on aequiisiton Abd d o14piiont' of neighborhood facilities to determine what.Utloy% should be tat en this area. (This would probably result in the lobs of the Camp Mai s7itC.';J Staff would recommend to begin negotiating for an option an the original.paah.ti# , and to plan for a 2#-3 acre mini-park in the Camp Fr9aata;cx site when. that:Arcs ` s developed. 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E �JN * C ...�ta� :sr�'u`J-� �'a4•` a �as.�Mr{ ;�� �S L rr'1 NO, JL t .l l,t14 F �hx tk,ii , N a4 ,R '- s`a�lLtfl ]'t• Via,,: �+(,° „ ,,,y' a/ :� t r� 4�.. `�y �e+ L• � ''•�ul Y•. ^S,+'+ �♦,,.�A''±.ft. w yf �`+! r r � '' Y-. .� i•fi � _ y� . s�1, t(h� •,� �r-tr.''r:•e'..'. ,� •` •. � ti.♦M':j.Jr ' r a.�;��� � t' , 'r c' �`-•/.♦ ?�' -�•:�•:.�i�,��►.-�•�t+�'t '���-.J-. t `vt �I a. q .ate t ,► .a.:'a1` �l 1..q •tx �/ .:�:n �v b .si^t.. w .1� � W .nf ��9••t�._ x\ ��. r t.:�• �rf' '- 11( �i�tY L�"• .o. �.� ,� s`t.{r � j., a.. rt� '•�•.,..��," �i`� ^ `t:•,r, .l.xts}t." .H 1NOt. :•t..i� _../..r. r ...,..s •:pw s i l ME14DPMDMI TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager 11 FROM: Bob Lambert, Director of Community Servicesi� DATE: July 12, 1979 SUBJECT: Trail Connection Between Prairie East and Prairie East 2nd Addition At the July 3, 1979 meeting, the City Council considered a petition from residents of Prairie East 2nd Addition requesting the City not to construct a pathway on Outlets A $ B. At that meeting, the Council requested the City staff to go back and review files on Prairie East and Prairie East 2nd Addition to dotermine what the City and the developer committed to in the area of pathways. After reviewing the files and the minutes concerning Prairie East and Prairie East 2nd Addition we find that there is a great deal of discussion on the maintenace of pathways and a commitment on an 8' bituminous pathway along Linden Drive, and many references to pedestrian/emergency vehicle access through Outlets A & B Prairie East and Prairie East 2nd Addition. The March 31, 1976 Engineering Staff Report on Prairie East 2nd Addition includes the following under PARK DEDICATION: "A 6' wide bituminous pathway will be eonstucted along the collector street with a connection to the trail system in Amsden Hills. A connection with Prairie East 1st Addition could be made through Outlet A, which would be dedicated to the City." At the April 6, 1976 Council meeting Director of Community Services, Marty Jesson suggested the City apply to the proposal a park fee of $300 per lot and the construction of an 8' wide bituminous pathway. "MOTION: Pauly moved, seconded by Pierce to adopt Resolution 1119 and the four points listed in the Engineering Staff Report dated March 31, 1976. Change pathway to an 8' bituminous surface and add $300 per lot to cash park fee. Motion carried unanimoulsy." The developers agreement for Prairie East and Prairie East 2nd Addition approved on April 6, 1976 includes the following: "Pathways and sidewalks shall be constructed as directed by the City Engineer." Although, the City Engineer indicated in his March 31 memo that a trail connection could be made to connect Prairie East 1st Addition to Prairie East 2nd Addition, t'Rere is no specific language requiring improvement of these outlots. It is clear that we could have required improvements to these outlets, but unfortunately we never required any improvements and we accepted the deed to the outlets ire November of 1976. is 47 .2- At the November 23, 1976 Council meeting tho City received doods on the two outlots from Hustad Corporation -MOTION: Pierce moved, seconded by Meyers to sCcept dead to Outlet A in Prairie Bast 2nd Addition and Outlet B in Psailri+ Bast. Notion carried unanimously." In 1979 Winsor committed to developing a trail in the 7th Addition that would *Meet Linden Drive to the outlot in Garrison Forest .and from there the trail connections can be masts to Anderson Lakes Park. At that time, Winsor. also committed 'to a trail connection from Laurel 'Drive to the trail in Prairi*East 7th Addition- between lots 32 and 33 in Prairie Last. This would provide the saw dosired padmstrian connection between Laurel Drive and Linden Drive as the trail connection. -committed to in 1976. V*ap is attached to this report showing the location of the trails 'that'Are itt+ed to and the proposed trail connections to:tllttl0TS A 8 . . LbtS:' d b, y tNe 3ltdividuals opposed to the pathway connection in Outlort A $ $'hove also boom.,c6lared` 3 dart this map. l ks, Recreation and Natural sot ees nissie�t a ,awed�thi.s}sroe.�;*fP 1UVit,duly 2, 1979 meeting and rec:9mo tided that the V4ty tivaa up Um OlUft , ,sae it, but not to construct a pgMW at this t3sipy Bta waaulld recommend that the City now grade and rood these out!44 and prvr de •,pod bar•®,whore necessary,to insure that emergency�rehicles cold paw ugh. 3B"needed. If use dictates,a hard surfaced trail coup ttten be consulted 'at A iatir time. .,BIR,md i a WV .34.=x ez;seal: r ' t i, 2 o{ ' • j to ', .. •• {��5�_�' iL`Z� jbt :•z£ZZ ZZs lz sOZ r 61`�IZ; �r?S'r�.%~4 a' aii•". '{iTJ[lU t-«K...�K.K_ !•'!J rZ m!'S .im; wi�r b.•t .7�AL{ •e `.`n.,+: •` ��f Mud ~•n Ri..��: w�•. ww w.f at 11r:11•Y.w -wrt+! cF' SLiF•.Y,a�,a4 •• P at 9i r"?r. mat Ylot :t • �� � �:i023•� �'� �pxt.t t.tiy� ,I - nr..y ' t I�• wa.5.'�nv''•re w r r r.r 7 _�.. an. t .n%1 !! i 21 �' w.•. :•�iq is f 8�t ♦t �w+:. � ft is �Ka R[:tsM ii_wR ,' =f ,} 'y �� 4(i'.� .�. I^•rr .S r -f- y i.��"). �'� I�.I �•'NR �'•A�.r. df ' ,� Wi 1} I�`� ' - -��� '� ,�1�d.'fi ,t•..ii*.t��f i�� � Z,ri �`�j�.. i ., P liy�+f�'"��' I -�'L C �•' 00 • w: w }� -Iri1.'r.�� w � 1� 7��• Of�,�ImiTIZI ..t , _ r r w.r r .,•V all� ` ytiti •� • �lr .� j N to�:. �..0 at•• fir:.r '�'! ii'' y• t i<` 4�1 b •a a-44 +.rl"VIr.-MJ•w.. �,V `y-•+". 9Pa 'A '�'�" 7.rt sty � Syi.' 'F` Y a „r`R• �` • ��i 61 • 4p � �, � st tt a'a' .00 s.s 1 1V► £� a w�LZ 9Z�t �{ ul �"'`,;{ Sic IIA7 17i£Jo3C;it .wJ•s j3.rU+aft � ... `ate'• .N • V $ kya1V ��/ ' wiin r'y�}.f ,� '.►g ..y 'i inw•a t : �{ • ��. i�MNy4N dI�`^� .e CtP •. � ; { oC.Le' JL 'L + - LL_j UL L G p}y? 1ri r si i„r2:L .J uQ w (u- w r 1 , • M1i.« * `Lrr sKirrr w' ry :.�5' r01 N. ;fJis „`a 3�i 5 Z 1 91y. tF .>!y �i9 '+'`�`•�'?�9 SqZ °�-' c $SiS .t�l�a3•�l:(�';o ��.+ '' �! �'�'. �r•,.1.a i tw+•. -L� ..}la_.a'—Y?'AY�`:.u,f•. •w a.�.` ie. _>s:.e :L. ,q �'• t�" q.11t.` r}'•y\ is LL R(I r+I'-+.i�iu 1 {'µi:`}. b... 3'ki'nTv'atwy A tii Zl:9 JCL . JL `� w� ' a at le a�. IIJii I LB?-, S14Qr 4 �.. "L.n �` itiit='! E T� • '' i'y''. US,1 C-41i L. .re v.*�t k .ier r�. : ~'. • �' i,.. .. �� • it a/• MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: July 13, 1979 SUBJECT: Revised Preliminary Plans for Signal at Co. Rd. 18/Anderson Lakes Parkway I.C. 51-338 Per the attached letter of 5/25, Hennepin County is requesting approval of revised Alternate #3 preliminary signal plan for the Co. Rd Mr/Anderson. ;? Lakes Parkway intersection. This plan has been approved by Bloomington per the attached Bloomington Res. #79-96. The estimated Eden Prairie share of the project cost is $100,000, Which breaks down as follows: $72,250 Construction per 5/22179 Henn. Co. est. 16,000 8' bituminous pathway from Super Valu entrance westerly 3,200' to underpass 88,250 13 000 +15% Eng., etc. 101,'f60 Say $100,000 In the development agreement scheduled to be approved on 7/17/79, Super Yalu, Inc., & The Preserve agree to assume $80,000 of the project costs. In a separate agreement The Preserve will pay up to $20,000 for construction , of the bituminous pathway along Anderson Lakes 'Parkway. Recommend approval of Resolution NO. 79-134. CJJ:kh Attachment y t CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-134 At a duly authorized meeting of the City Council of Eden Prairie, Minnesota, the following resolution-was moved and adopted: WHEREAS, Layout NO. 3, Project No. 7841, showing the pressed improvement of County State Aid. Highway Nn. 18 within the limits of the City has been prepared and presented to the City,NOW THEREFORE IT IS RESOLVED: That said Layout Nmr 3 be in all things approved and that.Hennepin County 1s hereby,authorized by the-City to acquire all rights of way, permits andjur easements required for.said improvement in accordance with Layout No. 3. ADOPTED by the Eden Prairie City Couneil an Wolfgang H. Penzel, Wyor ATTEST: SEAL. John 0. Franei Clerk DEPARTMENT OF TRANSPORTATION 320 Washington Av.South Hopkins, Minnesota 553434* HENNEPIN LM935-3381 May 25, 1979 Mr. Carl J. Jullie, City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: CSAH 18 at Anderson Lakes Parkway (Bloomington Ferry Road) County Project 7841 Enclosed is 1 copy of Alternate No. 3 (Revised) of the referenced project dated May 23, 1979. This revised plan supercedes Alternate No. 1 (Revised) submitted under cover letter dated November 29, 1978. Alternate No. 3 (Revised) proposes to realign Anderson Lakes Parkway 163 feet to the south to connect with the future construction of the Bloomington Ferry Road. With the shift to the south, no change in the profile grades of CSAH 1 will be required. This location provides adequate entering sight distance for motorists on Anderson Lakes Parkway/Bloomington Ferry Road and sufficient stopping sight distance for CSAH 18 motorists. Of note, investigation of CSAH 18 at CSAH 130 (77th Ave No) which has a similar profile and carries approximately 20,000 vehicles per day, revealed no reported accidents or complaints since traffic signals were installed in November, 1978. Re request approval of this revised layout by formal city council resolution. Please contact me at 935-3381 if you have any questions. Sincerely, Dennis L. Hansen, P.E. County Traffic Engineer DLH/BJL:pj Encls. cc: Herb Klossner Don Spielmann HENNEPIN COUNTY an equal oPP0fiur tY emPW'" P i' PRELIMINARY COST ESTIMATE SAFETY IMPROVEMENT PROJECT CSAM 38 at Anderson Lakes Parkway/Blcromtngton Perry Road . ALTERNATE 3: Th pr©ppoosed int and teersectio�nNarea. Real8 to ign Andersen L 2 lanes of akes Partkwaayy- HENNEPIN COUNTY F�QEIf PRAIRIE BLW TDTAL.:. Obilization $ 66000 $ Read constructian +40,600 42,500 � Drainage and C & G 4,6003,750 17,50Q Traffic Signals 2,500 p,5(i0 $,T50 irate R cala Paths _ TOTALS $52,500 $72,250 $3,7t1 $12hl,StJD BJL:p3 5/22/79 _ .. . w SOFT. �. CL it - r i • rl ! .. h RESOLUTION NO. 79-96 1 RESOLUTION APPROVING REVISED PLAN FOR HENNEPIN COUNTY PROJECT 1I0. 7841 FOR C.S.A.H. 18 AT ANDERSON LAKES PARMAY (BL00(4INGTON FERRY ROAD) ` W}IEREAS, the City Council of the City of Bloomington is the official governing body of the City of Bloomington.; and WHEREAS, Layout No. 3, Project No.*7841, showing the proposed improvement of County State Aid Highway No. 18 within the limits of the City has been prepared and presented to the City; and WHEREAS, the City Council of the City of Bloomington passed and adopted resolution No. 79_11 regarding this intersection on January 22, 1979; and . WHEREAS, that resolution requested that Hennepin County not construct the interim plan as dated November 17, 1978; and' WHEREAS, Resolution No. 79-11 expressed certain concerns of the City regarding the constrLT ion of County Road 18; and - - WHEREAS these concerns are still valid; and . WHEREAS, the adopted Western Area Plan of the City of Bloomington proposed that County Road 18 be classified as a freeway on the Future Land Use Map, and that there be an interchange at major street crossings; and -WHEREAS, the Bloomington Traffic 5 Transportation Advisory Commission received the stated Alternate No. 3 Plan dated May 18, 1979. and recommended denial; and WHEREAS, the stated Commission basis for the denial being that the proposed plan didn't include provision for additional improvement of County Highway 18 or intersecting streets; and WHEREAS, the Traffic & Transportation Advisory Commission recognized that failure to upgrade County Highway 18 has a negative effect on other streets and development in the City; and 1111EIRLAS, it is realized that some temporary improvement is necessary on this location of County Road 18 to improve safety, capacity, and operation. NOW, THEREFORE, BE IT RESOLVED BY Tilt CITY COUNCIL OF THE CITY OF BLOO1411IGTOII IN�.EGULAR MEETING ASSEMBLED, that said plan Alternate No. 3, dated May 18, 1979, be apPoved for proceeding with final detailed plans, and that Hennepin County is hereby authorized by the City to acquire all rights-of-way, permits, and/or ease— ments required for said improvement. BE IT FURTHER RESOLVED, that such approval is based upon the assumption that Eden Prairie and Hennepin County will cooperate with the City of Bloomington in acquiring and reserving the necessary rights-of-Tray to upgrade County Road 18 to standards for an intermediate arterial type roadway with diamond interchange facilities at Anderson Lake Parkway, Pioneer Trail, and at West Old Shakopee Road in an adequate manner to accommodate current traffic needs and future traffic needs of the area as projected. BE IT FURTHER RESOLVED, that the City Clerk of the City of Bloomingtco is hereby directed to fonrard a certified copy of this resolution to the Hennepin County Board of Commissioners, the City Council of Eden Prairie, and to Dennis L. Hansen, P.E., County Traffic Engineer, Hennepin County Dept. of Transporta- -tion, 320 Washington Avenue South, Hopkins, Minnesota 55343. Passed and adopted this day of Clawe , 1979. Attest: ty Clerk �. 1 NEW TO: Mayor Penael and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: July 13, 1979 SUBJECT: Change Order No. 1, I.C. 51-312 Country Vista Improvements Aiterhed Change Order No. 1, I.C. 51-312, is submitted for Coufte" APOON41. The net increase in the contract amount will be $4y84,3.85 Tliis additimraI cost was anticipated when the assessment,rates ware ta�rl.�ted f�.:tA1's project last fall. The developer was advised ,at the tim that thin affit. Wve adjustment would be necessary. Recommend approval of Change order No. 1, I.C. 51�312, % the amoart Df $4,843.85 contract Increase. CJJ:kh Attachment l t=; i RIEKE CARROLL MULLER ASSOCIATES INC July 10, 1979 erchaeea .,wineen Mr. Carl Jullie, P.E. ,endwrvevon City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 RE: COUNTRY VISTA IMPROVEMENT CONTRACT 51-312 RCM FILE 771087 "Ost olmebox 130 bWkine,minne,ot°SS34 Dear Carl, iaceNon Attached hereto is proposed Change Order No. 1 for the above ion Tint Street Muth referenced project. This change order adjusts upward the unit nopkMw*m mnSS343 prices for work which must be completed this year and extends 6129354MI the completion to August 31, 1979. The history of this change order is as follows: Based on bids received March 10, 1978, a contract was awarded to Richard Knutson, Inc. for this project and Nygren Estates (I.C. 51-316). The contract required final completion of both projects by July 31, 1978. However, the developer of Country Vista was to complete site grading prior to Knutson beginning installation i of utilities and completing street construction. Site grading was delayed by very wet soil conditions on the project. Knutson was delayed and did not begin utility con- struction until July 24, 1978, approximately one week prior to the contract completion date. Met soil conditions on the site slowed utility installation and «e.moMaww made compaction of utility trenches difficult. As a result, completion of construction was extended into late fall. St.cloud menkedo Discussions as to the schedule for completion of the project breinwd were held with the developer, the contractor and ourselves. Ittno,atun was decided to delay construction of bituminous wear course on Honeysuckle Lane and 168th Avenue West, concrete curb, bituminous base and bituminous wear on Sunburst Drive and completion of the project bike path until 1979. It was established that this delay would justify unit price adjustments. r - Mr. Carl Jullie.-P.E. July 10, 1979 Page 2 This proposed change order accomplishes unit price adjustments for delayed work and adds aggregate base material for use in developing a working platform on Sunburst drive for paving purposes. We have reviewed the proposed unit prices and feel ZNW are well in line with current prices being bid for similar wwk in the Eden Prairie area. We recommend acceptance of this thannge order, Very truly yours. Alan RIEKE CARROLL HULLER ASSOCIATES, INC. AM:cp Encl. 43ka'<4lFt '- " CHANGE ORDER / ' NO, 1 DATED July I0, 1979 PROJECT: Country Vista ENGINEER'S PROJECT NO. 771087 OWNER: City of Eden Prairie CONTRACT DATE-- April 20, 1978 OWNER'S PROJECT NO. I.C. 51-312 TO: Richard Knutson, Inc. CONTRACTOR You are directed to make the changes noted below in the subject contract: OWNER: City of Eden Prairie BY: DATE: MATURE OF THE CHANGE: Delete from and add to the contract quantities according to the attached "Schedule of Adjustments to Contract quantities". ENCLOSURES: Letter outlining justification for changes. The changes result in the following adjustment of Contract Price and Time: Contract Price Prior to this Change Order: $ 148,211.20 Net(Increase)(De4cfease)Resulting from this Change Order $ 4,843.85 Current Contract Price Including This Change Order $ 153,055.05 j Contract Completion Prior to This Change Order July 31, 1978 Current Contract Completion Including This Change Order August 31, 1979 The Above Changes are Approved: The Above Changes are Accepted: RIEKE CARROLL MUL•LER ASSOCIATES, INC. RICHARD KNUTSOM, INC. ENGINEER CONTRACTOR BY: DATE: 1 (12) l D CHANGE ORDER NO. i SCHEDULE OF ADJUSTMENTS TO CONTRACT QtfAHTITIES PROJECT: Country Vista ENGINEERS PROJECT NO. 771087 OWNER: City of Eden Prairie CONTRACT DATE: APril 20, 197B OWNER'S PROJECT NO. I.C. 51-312 MLETE ?WE FOLLOWING QUANTITIES: _ Bituminous Base Course 180 Tons @ 8.87 $ 1.596,60 Bituminous Weer Course 890 Tons 19.9.30 8,2I'7.00 Bituminous Material 63 Tons @ 94.00 6,9MM Tack 370 Gal @ 0.63 144untabla Curb 050 Li:@ 3.0 'topsoil and Bed 750 SV @ 1.38 1;.6I3T..00 Bituminous Bike Path 265 Tons @ 13.00 3�444w00 _a Bituminous Material - Bike Path 17 Tons @ 94.00 1.698 A0 ij Total -Deletions lz,s,20$ 2l1 ADD ME FOLLOWING QUANTITIES: t Aggregate Base Material 300 Tons @ 6.00 1,Bb0;00 Bituminous Base Course 180 Tons 0 10.67 1,920,OD Bituminous Wear Course 700 Tons @ 11.11 7,777.00 Bituminous Material 52 Tons @ 112.20 6,396-40 Tack 500 Gal 0 0.83 415,00, Mountable Curb 850 LF @ 6.33 5.300150 Topsoil and Sod 750 S'Y @ 2.25 1,687•50 Topsoil and Seed 1/2 Acre @ 1100.00 550.00 Bituminous Bike Path 265 Tons @ 15.57 Total Additions M ARA �r tlw M:;' Tz 74 TO: Mayor and Council FROM: John Frane RATE: July 12. 1979 RE: Change of ownership agreement - Circle Rubber MIDB"s Circle Rubber Company and the Fluorocarbon Company have .agreed to a fir. The I.R. contract documents provided that iR the event Ofa m�err the servicing corporation must have a net worth ate1ea LMsaj` , nth Rubber's worth and that the lender must a the above have been complied with. The C ty Coomci-tan miter authorize the Mayor and Manager to execute the attached agrreem"t. LAW OTT#*** LAND. lw^UL7 a succensoN. LTD. $ 41'@R ITIf p<'N7CR _ N/NN[A►OLNI.MiNNCrCTA i{40i MOMfMT t.iAMO MDOLM A.TAULY DMD N.OMCM6MoON *"M*"T•*"*W June 28, 1979 Mr. John Frane City of Eden Prairie 8950 Eden Prairie Road Hales Prairie, MR 55343 Circle RubberIndustrial Development Revenue w6te Reaffirmation and Assumption Agreement Dear John: Enclosed please find three Reaffirmation and Assumption Agreements executed by Circle Rubber and National Farmers Union Property and casualty Co. relative to the above referenced project* 'Also enclosed is the February 13, 1979 latter fVft, Vircl* Company President., Harvey Berman, explaining the merger bet4 Circle Rubber and T.C.P. Corporation. This matter should be placed an the Council's &Wda for review relative to the City's execution of the Reaffirmation am4 Assumption Agreement. The matter has been reviewed extensively' by the lender and the enclosed Agreement is, in our opinion, in . compliance with the Loan Agreement between the City and Ci.role Rubber Company. Should you have any questions please do not hestit;ate to call. Very truly yours, LAND, PAUL AM GREGERSM. LTD.. i... Y f R hard F: RFR:mmk e Enclosure *,. REAFFIRMATION AND ASSUMPTION AGREEMENT G�This Reaffirmation and Assumption Agreement, made this L�jay of 1979 by and between the City of Eden Prairie, Minnesota ty , CI rclal Rubber Company of Eden Prairie, Minnesota, (Circle), and National Farmd4rs Union Property and Casualty Company of Denver, Colorado (Lander). WITNESSETH: Whereas, Circle Rubber Company entered a Loan Agreement with the City of Eden Prairie, Minnesota, dated December 21, 1978, (Loan Agreement), which Loan Agreement was assigned by the City of Eden Prairie to National Farmers Union Property and Casualty Company pursuant to an Assignment dated December 21, 1978; and, WHEREAS, pursuant to the terns of said Loan Agreement, Circle agreed not to consolidate with or merge into another corporation or permit any other corporation to consolidate with or merge into it unless; (a) the surviving corporation were qualified in Minnesota and had net worth immediately subsequent to such consolidation at least equal to the net worth of Circle as of the date of such consolidation or merger, (b) Lender was given written notice of the proposed transaction at least thirty days prior to the effective date of any such merger or consolidation, and (c) the surviving corporation was bound by the covenants and agreements of Circle as set forth in said Loan Agreement and that said surviving corporation shall execute an appropriate instrument as- suming all of the obligations of Circle under the Loan Agreement; WHEREAS, Circle entered an Agreement and Plan of Reorganization dated January 31, 1979, between Circle Rubber Company and The Fluorocarbon Company (Agreement and Plan of Reorganization) providing for a merger involving Circle and a change in the ownership of Circle. Now, therefore, in consideration of the provisions and covenants con- tained herein, the City, Circle and Lender hereby agree as follows: 1. City and Lender hereby acknowledge notice (required to be given by Section 4.06 of the Loan Agreement) that Circle has entered an Agreement and Plan of Reorganization, dated January 31, 1979. which contemplates a merger involving Circle, that the surviving corporation will be qualified under the laws of Minnesota and will have a net worth immediately subsequent to said merger at least equal to the net worth of Circle as of the merger date, and that the surviving corporation, Circle, will be bound by all of the covenants and agreements in the Loan Agreement. 2. City and Lender agree that execution of this Agreement by Circle Rubber Company, assuming all of the obligations of Circle under the Loan Agreement, shall satisfy the requirements of section 4.06 of said Loan Agreement. � J k $. Circle Rubber Company, as the surviving corporation of the rper effectuated pursuant to the Agreement and Flan of Reor#wTittion, hereby reaffirms, assumes, and hereafter agrees to be bolmd'by all of the covenants and agreements of Circle as set forth in the Umb Agreement and the Combination Mortgage and Security Agreement between Circle Rubber Company and National Farmers Union Propwrty and Casualty Company* as Mortgagee, dated December fT 1'97'$r In all respects, as fully and completely and with the same fprre and effect as before Circle entered said Agreement and Pl*n,of-Re*rgani- aation. 4. Circla represents and warrants that at a duly ccmvaned meat-h:g of the Board of Directors of Circle Rubbe.r. Company1w1d an 'i! ri :1 1979, a date subsequent to the affemtIve 6175;. merger effectuated pursuent to said'P4feemettt and Irian or qmtis-. Lion, its Board. by Resolution duly adapted:, gr mts It specific authority to enter and execute this effirmatT06 a" Assumption Agreement on behalf of Circle. IN UtTNESS WHEREOF, each party has caused:this Agr eamt .to ba.aaliCVW, : r..:lts behalf by its duly authvriaed representative on the .day W y#ar•,f'irtt above written. CITY Of EDER'PRAi-919, Aj-NNn0L*A By *Resolution adopted by Mayor Minutes of Action exe- uted by all Directors ATTEST: as of Apyil 2, 1979. Manager Cl BE ANY" Ha ey S. Berman, President ATTEST: Secretary NATIONAL FARMERS UNION PUPLM AND CASUALTY OWWY . By r -W. Lu ar".r, ta ,ras i 4 Investmr.tits �, g ATTES'le-Z2 i :.. t f r,. 11a Yy ^b 3 � ; �6r TO: Mayor and Council FROM: John Frane RATE: July 12, 1979 RE: MIDB's for Cooperative Power Association - $810001OII0 Cooperative Power Association intends to build a 100.,000 square foot office facility and communication facility an the property to the west. of Eaton/Char-Lynn at an estimated cast of $8,000,000. The facility will employ about 160 persons. The bonds will be sold to tnsti-tud6nal bmsto'rs on a private placement basis. A Public hearing on thii,PrOJect e uild be held an August 21, 1979. CITY OF EDEN PRAIRIE, MINNESOTA . Application for Industrial Development Bond Project Financing 1. Applicant: a. Business Name - Cooperative Power Association b. Business Address - 3316 west 66th Street, Edina, Minnesota 55435 C. Business Form (corporation, partnership, sole proprietorship, etc.) - Association (Cooperative Association organized under Minnesota Statutes, Chapter 308) d. State of Incorporation or organization - Minnesota e. Authorized Representative - Charles L. Anderson, President T. V. Lennick, General Manager f. Phone - 925-4556 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a. (Nineteen member electric cooperatives listed on attach! b. Exhibit A.) C. 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Producer of electric power, distributor of wholesale electric power to member rural electric cooperatives. 4. DESCRIPTION OF PROJECT a. Location and intended use: Association Headquarters and Communications Center - State Highway No. 5 and Mitchell Road, Eden Prairie b. Present ownership of project site: Eaton Corporation. C. Names and address of architect, engineer, and general contractor: (proposed) Brauer 6 Associates, Land Planner, 7901 Flying Cloud Drive, Eden Prairie, 55344 DWBR Architects, 400 Sibley Street, St. Paul, 55101 S. IMATED PROJECT COST FOR: T Land Acquisition and Site Development $ 665,000 Construction contracts (Building) 4,335,000 Equipment Acquisition and Installation (Communications) 1,735,000 Architectural and Engineering Fees 765,000 Legal Fees 35,000 Contingencies 35,000 Bond Discount 120,000 Other (Furnishings) 400,000 - 6. BOND ISSUE a. Amount of proposed bond issue - $8,C00,000. b. Proposed date of sale of bond - November 1, 1979. C. Length of bond issue and proposed maturities - 25 years: term bonds with sinking fund maturities with level debt service commencing in loth year. d. Proposed original purchaser of bonds - institutional Investors - Private Placement. 6. Name and address of suggested trustee,- N.A. - Purchaser's . request, if any. f. Copy of any.agreement between applicant and original purchaser Not Applicable. g. Describe any interim financing sought or available - Not Applicable. h. Describe nature and amount of any permanent financing in addition to bond financing - Not Applicable. 7. BUSINESS PROFILE a. Are you located in the City of Eden Prairie? No. b. Number of employees in Eden Prairie? i. Before this project? - 0 ii. , After this project? - 150 C. Approximate annual sales - $41,000,000 F.Y. 1978 — $70,000,000 F.Y. 1979 (Estibwte) d. Length of time in business - 23 years in Eden Prairie - 0 years -2- LL (-1 .. Do you have plants in other locations? if so, where? Yes. Underwood, North Dakota. f. Are you engaged in international trade? No. S. NAMES AND ADDRESSES OF: a. Underwriter/Private Placement Purchaser - Dain, Kalman Quail, Inc. arranging placement. i. Has preliminary financial analysis by underwriter or.private placement purchaser required by City policy been completed and attached to this application? Yes. ii. Is underwriter's letter of intent to commit attached-to this application? (Applicable only if there is a public offering). (NOTE that application is incomplete if either of the above is missing) h. Bond Counsel - Dorsey, Windhorst, Hanna€ord, Whitney & Halladay, Minneapolis, Minnesota c. Corporate Counsel - LeFevere, Lefler, Pearson, O'Brien & Drawa, Minneapolis, Minnesota d. Accountant - Deloitte Haskins & Sells 9. WHAT IS YOUR TARGET DATE FOR: a. Construction start - November 1, 1979 b. Construction completion - May 1, 1981 10. The undersigned applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial Development bond financing does not expressly or impliedly constitute any approval, varianeea, or waiver of any provision or requirement relating to any zoning, building, or other rule or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this project. COOPERATIVE POWER ASSOCIATION Applicant BY Its General Manager Date Jr OR ,FURTHER INFORMATION, CONTACT. Vern Carlson, Assistant General Manager, Financial Group, Cooperative Power Association - 925-4556 11. Zoning - to be completed by the City Planning Department. a. Property is zoned - - " b. Present zoning is (is not) correct 'tor the intended use. o. Zoning application received on for which is correct for the- intend use $, Variances required - C L/- C y Plann ki] -4- EXHIBIT A 1 � ' { ,A, REVIEW OF CPXS 19 MEMBER SYSTEMS Mites of Number of kWh %of kSYls. Purchased increase Line Consumers Durhtg 2978 over 19" Agratite Cooperative,Benson Ramon Millett,General Manager' .......... t ••••.... 2,724 4,49190,890,058 3.340 RENCO Electric,Mankato �a•.., Donald Amundson,General Manager............... 1,894 6337 L Brawn County Rural Elect.Ass'n., :307,864,492 8.1 Sleepy Eyr Leslie R.Schru "`•- Pp.Jr.,General Manager............. 2.310 3,201 93,43842� Dakota Electric AWn.,Farmington 60 Oscar Soderlund.General Manager................. I'm1 1 Fariitault County Coop.Elect.Ass'n.,Frost u'•� 452 937A92 14.6 :t Lintaald Amundson.General Manager ............... 662 1,387 2• .i Federated Rural Electric Assn.Jackson4 3.7 Marvin Johnson,General Manager....... ..• :.Goodhar County Coop.Electric Ass'n., 2.064 4,721 9a,828,771 8.3 2untbrota Cecil Holsing,General Manager......... 1,010 3,402 Lake Region Co-op Electrical Ass'n., 65,468,418 3.6 Pelican Rapids -••. •: .' Clarence Peterson,General Manager................ 4'8% McLeod Coop.Power Assn.,Glencoe 17,052 i 209,391.337 8.4 } &erased Janowski.General Manager,................ ' Meeker Coop.Light&Power Assn., 1,720 5,046 98.388,560 5.1 Litchfield Duane Henkelman,General Manager'..............• c 2,604 5.847 103,638.384 6.5 Minnesota Valley Electric Coop.,Jordan Francis Firbelkorn,General Manger..........., s •••• U77 10,412 .169,989,208 9.0 -`Nobles Cooperative Electric,Worthington ,e 1 Dcx+glas Wallace,General Manager.................. 2,075 7 Redwood Electric CooPrralive,Clements 4,774 s7,325,598 5.9 a Alf+ert Lennnrk.General Manager................... 1,193 Runestone Electric Assn.,Alexandria 2.475 $0.602,868 6.7 Vernon Julila.General Manager'.............. .I 2 Se0 8.209 119,822,008 8.9 South Central Lkalric Assn.,St.James LeRoy Ncl on,General Manager......, I,982 3,N81 101.69N,}06 6.7 ..Stearns Coop:Electric Ass'n.,Melrose Eugene Sullivan.Crnrral Manager........I..... t ' Steele Waseca COOP.Elsceric.Owatonna2,872 12,120 20:,257,659 7.8 Ronald Larson.General Manager ................... 1,994 I Todd-%V.tdrna Electric Coop..lvadrnw 6.003 94A43.880 4.7 Jun liellgowan,Crnrral Alanager.................... t Wells r.lrctr c Assn.,11•rlls 2' 5.4`rt 96A36.833 9.2 t1•dlnan'Mall,cameral Islanager.......... 9aN t.tW 11,?Qt.t+05 ..,. Total — --2- •:r 'Assumed t++•wtw+n January t,le79 4 Y -.. �.,. ..,. - ..... .. . .. TO: Mayor and Council FROM: John Frane DATE: July 12, 1979 RE: M.S.D.B.'s for Ryan Construction - $3,500,000 Ryan Construction intends to construct -a TS,DDD sgdare foot shopping center on the S.W. corner of County #18 and Andm an take Parkway. The estimated cost of the facility is $4.174$=Wch would he leased to a grocery store and another tenant who m ld i®pemu a.rnmmr'of smaller shops. Employment within the faaiiity.Is*tt1,*4mW,tta be:. , .. 165 persons. The property has had a first readi %of awordi atoning to C-Com which is correct for the Intended,-U* s•,.aeedN adi.nge is on tonights agenda. A hearing could,he scheduled fbr Augult 21, 1M. ` CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. Applicant (Owner-Developer): a. Business Name - Ryan Construction Company of Minnesota, Inc. b. Business Address - 7400 Metro Boulevard Suite 456 Edina, Minnesota 55435 C. Business Form - Corporation d. State of incoriy.>ration or organization - Minnesota e. Authorized Representative - James R. Ryan f. Phone - (612) 835-7990 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a. Russell J. Ryan, Ryan Building, Hibbing, Minnesota 55746 b. Francis J. Ryan, Ryan Building, Hibbing, Minnesota 55746 C. James R. Ryan, 17091 Cedarcrest Drive, Ed9n Prairie, Minnesota 55343 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC.: Developer and builder of industrial, retail and commercial real estate projects. 4. DESCRIPTION OF PROJECTS a. Location and intended use: The Project is located at the southwest corner of County Road 18 and Anderson Lake Parkway in Eden Prairie, Minnesota, and consists :of the acquisition of approximately ten acres of laru3, the con- struction of a new 75,000 square foot shopping center thereon, and the purchase of equipment therefor. b. Present ownership of project site: The Preserve. c. Names and addresses of architect, engineer, and general contractor: i. Architect and Engineer: Planmark Engineering - Architecture (a division of Super Valu Stores, Inc.) 121 Washington Avenue South Hopkins, Minnesota 55343 ii. General Contractor: Ryan Construction Company of Minnesota, Inc. 7400 Metro Boulevard, Suite 456 Edina, Minnesota 55435 "�. ESTIMATED PROJECT COST FOR: Land acquisition and site development $ 730,000.00 Building 2,007,000.00 Equipment 1,000,000.00 Other: architectural and engineering fees; legal fees; leasing and developer's fees; loan place- ment fees; construction period interest; contingencies; closing and other miscellaneous costs 437,000.00 Total $4,174,000_Ofl b. BOND ISSUE: a. Amount of proposed bond issue: i•. Building - $2,500,0.00.00 ii. Equipment - 1,000,000.00 Total - $3,500,000.00 -2- b. Proposed date of sale of bonds: Bummer. 1979 C. Length of bond issue and proposed maturities: i. Building a. Term - 34 years b. Maturity - level debt amortization ii. Equipment a. Term - to years b. Maturity - level debt amortization. d. Proposed original purchaser of bonds: Eberhardt Company to place bonds with institutional lenders). ' e. Name and address of suggested trustee: N/A f. Copy of any agreement between applicant and original purchaser: N/A g. Describe any interim financing sought or available: First National Bank of Minneapolis or other real estate construction lender to provide interim financing for Project. h. Describe nature .tnd dmount of any permanent financing in addition to bond financings Balance of Project costs to be equity contribution by Applicant. 7. BUSINESS PROFILE: a. Are you located in the City of Eden Prairie? 1. Applicant - No. -3- �., 2. Jerry's Enterprises, Inc. ("Jerry's) (major tenant) - No. 3. Supplee's 7 Hi Enterprises, Inc. ("supplee's") (major tenant) - No. b. Number of employees in Eden Prairie? i. Before this project? 1. Applicant - -0- 2. Jerry's - -0- 3. Supplee's - -0- Total - -T ii. After this project? 1. Applicant - -0- 2. Jerry's - 125 3. Supplee's - 30 Total - o. Approximate annual sales: 1. Applicant - $18,000,000.00 2. Jerry's - 55,000,000.0O 3. Supplee's - 6,500,000.00 Total - $ , �000.00 d. Length of time in business? i. Outside Eden Prairie: 1. Applicant - 40 years 2. Jerry's - 20 years 3. Supplee's - 48 years ii. In Eden Prairie: 1. Applicant - -0- 2. Jerry's - -0- 3. Supplee's - -0- e. Do you have plants in other locations? 1. Applicant - N/A 2. Jerry's - Bloomington, Brooklyn Center, Edina, Maplewood, Minneapolis, Roseville and west St. Paul 3. Supplee's - Minnetonka, Wayzata and Minneapolis -4- �y f. Are you engaged in international trade? 1. Applicant - No. 2. Jerry's - No. 3. Supplee's - No. $. NAMES AND ADDRESSES OF: a. Underwriter: Eberhardt Company 3250 West 56th Street Minneapolis, Minnesota 55435 i. Has preliminary financial analysis by underwriter required by City policy been completed and attached to this application? Yes. • ii. . Is underwriter's letter of intent to commit attached to this application? N/A. b. Bond Counsel: Mackall, Crounse & Moore 1000 First National Bank Building Minneapolis, Minnesota 55402 C. Corporate Counsel: Dorsey, Windhorst, Hannaford, Whitney and Halladay 2300 First National Bank Building Minneapolis, Minnesota 55402 d. Accountant: Main Lafrent2 & Co. 1730 Northstar Center Minneapolis, Minnesota 55402 9. WHAT IS YOUR TARGET DATE FOR: a. Construction start: August, 1979 b. Construction completion: April, 1980 _y- 77 10. The undersigned applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial Development bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provi- sion or requirement relating to any zoning, building, or other rule or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this project. RYAN CONSTRUCTION COMPANY OF MI OTA, INC., Applica By -. J s R. Ryan, V ce Presit January 31 1979 Date FOR FURTHER INFORMATION, CONTACTa Marvin C. Ingber Mackall, Crounse & Moore 1000 First National Bank Building Minneapolis, Minnesota 55402 Telephone: (612) 333-1341 11. Zoning (to be completed by the city planning department). a. Property is zonedic-N +n . r b. Present zoning (is) (sc� correct for the intended use. C. Zoning ap lication received on `/11d1� I qlg for Kn i-mol. n C-h{ which is correct fo�ntended Use. d. Variances required: gtty Planner -6- 1 J A') t July 17, 1979 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 4266 VOID OUT CHECK $ (12.00) 4872 BUTCH'S BAR SUPPLY Liquor 167.70 4873 MINNESOTA DISTILLERS, INC. Liquor 1,579.76 4874 MIDWEST WINE COMPANY Wine 254.11 4875 OLD PEORIA COMPANY, INC. Liquor 459.66 4876 KIWI KAI IMPORTS, INC. Wine 200.90 4877 JOHNSON BROS. WHOLESALE LIQUOR CO Liquor 400.25 4878 JOHNSON WINE CO. Wine 415.78 4879 INTERNATIONAL PACKAGING CO. Wine 241.73 4880 ED PHILLIPS & SONS CO Liquor 1,362.32 4881 HOPKINS POSTMASTER Postage Meter 2,000.00 4882 P. E. R. A. Payroll .of 6/22 7,383.51 4883 COMMISSIONER OF REVENUE Payroll of 6/22 8,467.00 4884 FEDERAL RESERVE BANK Payroll of 6/22 20,070.68 4885 OMNI SCIENCE MUSEUM Expenses 87.00 4886 VOID 4887 BLOOMINGTON ICE GARDENS Expense-Ice skating 22.00 48M SHARON ROBINSON Playground Petty Cash 50.00 4889 MIDWEST WINE COMPANY Wine 1,336.39 4890 MINNESOTA RECREATION & PARK ASSOC Co Rec Softball Regist. 63.00 4891 KOREN PRODUCTS, INC. Red lights 122.80 4892 ROGER ULSTAD Expenses-July 100.00 4893 INTERCONTINENTAL PACKAGING CO Wine 25.06 4894 OLD PEORIA COMPANY, INC. Liquor 880.96 4895 HOPKINS POSTMASTER Postage 85.30 4896 JOHNSON BROTHERS WHOLESALE LIQ Liquor 376.51 4897 ED PHILLIPS & SONS CO Liquor 1,797.41 4898 VOID 4899 TWIN CITY WINE CO Wine 632.65 4900 VOID 4901 TWIN CITY WINE CO Wine 84.09 4902 INTERCONTINENTAL PACKAGING CO Wine 143.77 4903 JOHNSON WINE CO Wine 188.1? 4904 MIDWEST WINE CO Wine 454.10 4905 KIWI KAI IMPORTS, INC. Wine 75.50 4906 BUTCH'S BAR SUPPLY Supplies 36.50 4907 BUTCH'S BAR SUPPLY Supplies 34.00 4908 MINNESOTA ZOOLOGICAL GARDEN Teen Work Program 22.50 4909 HOPKINS POSTMASTER Postage 54.0? 4910 MINNESOTA STATE TREASURER Permit 15.00 4911 GIBBS FARM Summer fun program 44.25 4912 STORY TAYLER's COMPANY Expenses 78.00 4913 ACE BILLIARD & RECREATION Equipment Rental 375.t4+ 4914 EARL F. ANDERSEN & ASSOC Signs 39.8,1! 4915 ASTLEFORD EQUIPMENT CO Supplies 3.3t 4916 M. G. ASTLEFORD CO. INC. Shady Oak Industrial Park 98.931.5:' 4917 BATHER, RINGROSE, WOLSFELD Dell Road Design 3.631.11 page two July 17. 1979 {{ 4918 BATHER, RINGROSE, WDLSFELD, Th 5 & W 78th Street 11.503.85 4919 BERGHORST PLBG. Permit `"'' 100.00 4920 RAE BLY Mileage 16.13 4921 BILL BROWN Softball official 10.00 4922 BROWN & CRIS, INC. Removal of House 213.00 4923 BROWN & CRIS CONSTRUCTION Homeward Hills Sanitary Sewer 14,502.66 4924 BROWN PHOTO Supplies & Processing 64.60 4925 BUSINESS FURNITURE INCORP. Desk 290.00 4926 JOYCE BUTLER Refund of Fees 4.50 4927 CASTLE CHEMICAL COMPANY, INC. Sulfate 217.50 4928 CHANHASSEN AUTO PARTS, INC. Parts 133.60 4929 CITY OF EDINA Tests 59.00 4930 CLUTCH & TRANSMISSION SERVICE Equipment repair 21.26 4931 CLUTCH & U-JOINT Equipment repair 146.36 4932 COPY EQUIPMENT INC. Supplfes 11.00 4933 CROWN RUBBER STAMP CO. Supplies 1.38 4934 MARGARET CUMMINGS Supplies-Leisure Challenge 4.63 4935 CUTLER-MAGNER COMPANY Lime 5,133.48 4936 CARLSON STORE FIXTURE CO. Equipment Repair 72.18 4937 WARD F. DAHLBERG Mileage 7.92 4938 DALCO Supplies 139.30 4939 DALE OFFICE MACHINES Supplies � ,, 16.30 .,�--�4940 _ DELTA DIGITRONICS Radios - rr '� 269.90 4941 LINC DETER Guard Suits 10.00 i 4942 DORHOLT PRINTING & STATIONERY Supplies 11302.67 4943 ECKLUND & SWEDLUND Remodel City Hall 1,483.56 4944 EDEN PRAIRIE NEWS Ads 8.13 4945 EDEN PRAIRIE PIONEERS CLUB July/August Happenings 25.00 4946 EDEN PRAIRIE SCHOOL DISTRICT Gas-May 1,589.28 4947 EDEN PRAIRIE SCHOOL DISTRICT Bus Transportation 122.85 4948 ELVIN SAFETY SUPPLY, INC. Supplies 95.72 4949 FAIRVIEW COMMUNITY HOSPITAL Tests 25.00 4950 FEED-RITE CONTROLS, INC. Sulfate 1,847.80 4951 TOM FLANAGAN Softball Umpire 10.00 4952 FLEXIBLE PIPE TOOL CO. Equipment 145.00 4953 LOUIS FOLWICH Open gym 24.00 4954 FREEMANS LIGHTING CONCEPTS Lights 191.01 4955 BARREN FRITZ Refund of fee 5.00 4956 GENERAL COMMUNICATIONS, INC. Repair Parts 199.25 4957 DALE GREEN CO. Maintenance Matl 598.5C 4958 HACH CHEMICAL CO Test Kit 60.31 4959 JACK HACKING Postage 'Z_4 16.82 4960 HARRIS WAREHOUSE & CANVAS SALE Supplies-�� "` 59.99 4961 HENNEPIN COUNTY PARK RESERVE Teen Work program 5.00 4962 HENNEPIN TECHNICAL CENTERS Fire School 160.00 4963 WM HERBERT Refund of fee 8.00 -4964 HOPKINS DODGE SALES, INC. Parts & repair 1,742.31 4965 HOPKINS PARTS COMPANY Supplies 186.97 4966 WILLIAM HORNIG Mileage 47.43 4967 WILLIAM HUBER Mileage 37.60 4968 ITEN CHEVROLET COMPANY Police Cars 11.976.00 4969 J & R RADIATOR CORP Parts 38.Oil 4970 JAMES E. JENSEN Mileage 7.6r 4971 GEDRGIA JESSEN Expenses 33.7C, 4972 ADAM JOHNSON Refund of fees 8.50 4973 AMERICAN POP CORN CO. Pop Corn 70.76 i Page three July 17, 1979 4974 VOID 4975 K-MART #3042 Supplies 16.75 4976 DWAYNE KNIGGE Refund of permit 708.6D 4977 KRAEMER's HARDWARE Supplies 456.59 4978 M. E. LANE, INC. Insurance 111,961.00 4979 LEEF BROTHERS INC. Services 107.80 4980 LONG LAKE FORD TRACTOR Supplies 43.05 4981 MATT'S AUTO SERVICE, INC. Equipment repair 44.50 4982 MEDCENTER HEALTH PLAN Health Insurance 1,003.20 4983 MEDICAL OXYGEN &EQUIP CO. Oxygen 53.28 4984 D. J. MEYER Replace Curb section 92.00 4985 MIDWEST ASPHALT CORP Blacktop 915.16 4986 MINNEAPOLIS STAR & TRIBUNE Ads 189.00 4987 MINNESOTA GAS CO. Service 94.04 `�4988 MINNESOTA FIRE INCORP ..G 102.09 4989 MINNESOTA RECREATION & PARK Co Rec registration 130.00 4990 MINNESOTA TORO, INC. Supplies 40.48 4991 MODERN TIRE COMPANY Parts & repair 279.29 4992 NORTHERN STATES POWER CO Service 2,604.27 4993 NODLAND ASSOCIATES, INC. Lake trail Estates 16,052.41J j, 4994 PARK AUTO UPHOLSTERY Repair 40.00 4995 PENNY'S #25 Supplies 67.50 4996 PITNEY BOWES Equip rental 40.60 4997 PRAIRIE WOOD INC. Overcharge on permit 100.00 4998 RIEKE-CARROLL-MULLER ASSOC Services-High Trails swr & wtr, Eden 24,004.45 View additions, City Well Pumphouse, Crosstown Ind. Park, Eden Prairie Lake i Trail, Shady Oak Ind. Park, Shady Oak Extension, Valley View Road 4999 SHARON ROBINSON Supplies-Summer fun 29.09 5000 JOSEPH RYERSON & SON Hose Ramps-fire dept 283.59 5001 SALLY DISTRIBUTORS Expenses-Summer fun 25.05 5002 SATELLITE INDUSTRIES, IN.0 Portable Restrooms-Park Dept 1,268.53 6003 LOLLIE SAWYER Drama Instructors 25.00 5004 SEARS Calculator Ribbons 9.95 5005 SHAKOPEE SPORTS CENTER Anchors 59.85 5006 SHERWIN WILLIAMS CO. Parts & repairs 166.20 5007 W. GORDON SMITH CO Supplies 521.12 5008 ST. CLOUD STATE UNIVERSITY Outside training 493.00 5009 ST. GERMAIN BROTHERS, INC. Paint 197.60 5010 ST. PAUL POLICE PISTOL CLUB,INC. Supplies 35.00 5011 ST. REGIS PAPER COMPANY Supplies 240.60 5012 SUBURBAN AUTO ELECTRIC Parts 94.85 5013 SUBURBAN CHEVROLET CO. Parts der 49.65 5014 TEAM ELECTRONICS Expenses-Teenisatt �,�� 210.00 -5015 TIERNEY BROTHERS, INC. Equipment �`'�'7 350.00 5016 MARK TIERNEY Softball Umpire 295.00 5017 TOWN'S EDGE FORD, INC. P 'Aj-'' 620.29 5018 TRIARCO ARTS & CRAFTS Supplies 205.64 5019 RIVER WARREN AGGREGATES INC. Rock, 257.07 5020 WATER & SEWAGE WKS Subscription 24.00 5021 HAL WELDIN Expenses 5.00 5022 SANDRA F. WERTS Mileage 19.80 5023 LARRY WURTZ Refund of fee 17.00 5024 BECKY ZABEL Supplies-Swamer fun 7.04 5025 BAN-CON INC. Refund for permit 987.OR 5026 HENNEPIN CO. FINANCE DIV MANAGER First half taxes-Miller Park 2,320.17 t 71, t. pm four July 17, 1979 5OE7 'BLUE CROSS July Irwrance � 135.14 . B BROWN & CRIS, INC. Dell Road & Lotus View Drive 48,�INJ,31 5m CHAPIN PUBLISHING CO. Ads fTg, O GROSS INDUSTRIAL SERVICES Service `94D 5031 MILDRED GRILL Contract for deed Payment 0,$dU.DO SO32 IBM Service S033 METROPOLITAN WASTE CONTROL Sewer Service August 18,04 55 5M4 MI-NNEAPOLIS STAR Ads ADS NATIONAL CITY BK of MPLS Service 7W '0035 NSP Service ;21 NDRTHWESTERN BELL Service 74 Wn " t?38 PERBIX, HARVEY, SIMONS Legal. fees 2Bf;II[i 4&9 VOID .-.-"Ab UHZCtN T7IL CO. Of CALIF �Ge S@41 PRAIRIE VILLAGE MALL ASSOC July ,rent Total, 1 F 9a71 y 1 4 f.