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HomeMy WebLinkAboutCity Council - 08/21/1979 EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 21, 1979 • 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom; Dave • 0sterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Directir 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 BUSINE!S ' II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JULY 17, 1979 rage 2321 III. CONSENT CALENDAR A. Clerk's License List Page 2337 B. Request to set Public Hearing for Shady .Oak Industrial Park 4th Page 2338 • Addition for September 18, 1979 C. Request to set Public Hearing for Overlook Place by Hustad Page 2339 Development Corporation for September 18, 1979 D. Consider bids for temporary signals on T.H. 164 and Co. Rd. 1 and Page 2340' Vo-Tech entrance • E. Receive petition and order sewer and water extension on Atherton Page 2341 Way, I.C. 51-351, Change Order No. 1 (Resolution No. 79-155) F. Resolution declaring costs to be assessed and ordering preparation Page 2347 of proposed 1979 special assessment rolls and setting hearing date . for September 18, 979 (Resolution No. 79-157) • G. Community Development Block Grant VI Program, Execution of New Page 2350 Joint Cooperation Agreement for Continued Participation • H. 2nd Reading of Ordinance No. 74-25, rezoning .8 acre from Rural Page 2360 • to R1-13.5 for 1 existing house and 1 additional building lot,- Shea rezoning I. 2nd Reading of Ordinance No. 79-26, rezoning 1.36 acres from Page 236? Rural to R1-13.5 for 1 existing home and 2 additional lots, Sunset Crest by Audrey Buss IV. PUBLIC HEARINGS A. Request for Municipal Industrial Development Bond approval in the Page 2384 amount of $3,500,000.00 for Ryan Construction Company (resolution No. 79-152) B. Request for Municipal Industrial Development Bond approval� in the Page 2377 amo unt of $650,000.00 for Big G Imports/Galarneault (Resolution No. • 79-153) • • Council Agenda - 2 - Tues.,August 21, 1979 C. Request for Municipal Industrial Development Bond approval in the Page 2390 amount of 8,000,000.00 for Cooperative Power Assocation (Resolution No. 79-151) D. Bluff's West 3rd & 4th by Rusted Development Corporation. Request Page 2401 Tor PUD concept approval, rezoning from Rural to RI-13.5; RM 6.5 and RM 2.5, preliminary plat approval for approximately 640 units on 168.5 acres, and approval of EAW, finding no significant impact. Located north of Bluff's West Second Addition and east of Homeward Hills Road (Resolution No. 79-94 - PUD, Ordinance No. 79-14 - rezoning, Resolution.No. 79-96 - preliminary plat) Continued from July 17, 1979 V. REPORTS OF ADVISORY COMMISSIONS A. Highway #212 Advisory Commission Page 2421 VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Preserve Center 2nd Addition, request by The Preserve to preliminary Page 2424 plat 5 acres for 6 duplex lots (12 units Located south of Anderson Lakes Parkway on either side of Preserve Boulevard extended. B. Request by Mr. Gil Darkenwald to move the continued Public Hearing date for Independent Millwork from September 18, 1979 to September 4,. 1979 • VII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 79-15, establishing a Code of Ethics Page 2434 for Officials of the City of Eden Prairie VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members • B. Report of City Manager 1, Establishment of date to meet with South Hennepin Human Services Page 2438 Council C. Report of City Attorney 1. Progress report on the house moved into Hidden Ponds Page 2439 D. Report of Director of Community Services 1. Wetland Restrictions Page 2441 2. Topview Mini-Park Page 2443 3. Award bid for Preserve multi-use court Page 2451 4. Riverview Springs Page 2452 E. Report of City Engineer 1. Petition to amend floodplain elevation along Purgatory Creek Page-2454 south of T.H. 5 (Resolution No. 79-156) 2. Petition from Ban-Con, Inc.. regarding setback fpr:i(@'lil 14e Page 2459 Condominiums Council'Agenda - 3 - Tues.,August 21, 1979 F. Repart.:oi". fppece Director I. Panaent of Claims tiros. 6267 - 5471 Page 2482 2. to set a•Public Hearing for Municipal Industrial Page 2487 opment Bond At for ten Prairie Partner' in the; q• i ,qf $1�"�*o a,+ r b for September 18, 1979 3. • t¢¢gt to set a Public Hearing for Municipal Industrial' 'fie 496 1apment Bond approval for Eden Prairie $n 9-Storage in be;.afqunt of $65B4O0 bO.for September 1Br-1979 4, .at to seta Public Mearirg for Municipal Industrial Page 2 -fievelot ►►of $S,Bond.0 rOO for Septeoval- for �r18,Cakes L 79jmited in the *. • -7, aIli rj+,'lNT • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 17, 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 Ulsta•d; City Attorney • Roger Pauly; Planning Director Chris Enger; • Finance Director John Frane; Director of Community Services Bob Lambert; City Engineer Carl Juilie; and Joyce Provo, Recording Secretary INVOCATION: Reverend William Bonner, Eden Prairie Community Church PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Item II. B. Speciai City Council meeting held Tuesday, July 10, 1979, was moved to item VIII. B. 1 111 The following items were moved to the Consent Calendar: VI. C. Request for approval of Cooperative Power Association developer's agreement; VII. C. 2nd Reading of Ordinance o. 79-21, rezoning 10 acres from Rural to Public for Eden Prairie Assemblies of God Church and developer's agreement; VIII. F. 1. Reaffirmation and Assumption Agreement for Circle Rubber; VIII. F. 2. Request to set a Public Hearing for Municipal Industrial Development Bond approval for Cooperative Power Association for August 21, 1979; and VIII. F. 3. Request to set a Public Hearing for Municipal Industrial Development Bond approval for Ryan Construction Company for August 21, 1979. MOTION: Redpath moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES A. City Council meeting held Tuesday, June 19, 1979 MOTION: Redpath moved, seconded by Edstrom, to approve the minutes of the City Council meeting held Tuesday, June 19, 1979, as published, 'Motion carried unanimously.' B. Special City Council meeting held Tuesday, July 10, 1979 This item was moved under the City Manager's report (VIII. B. 1) III, CONSENT rgLE1'DAR A. Request to set a Public Hearing for Sunset Crest for August 7, 1979 B. Request to set a Public Hearing for Shea rezoning for August j 1979 C. Request to set a Public Hearing for Opus II Office Center PUA far,Aupu t.7. 1979 . 4.22.l. �..._. __.... I Council Minutes - 2 - Tues.,July 17, 1979 D. Request to set a Public Hearing for Independent Millwork Properties rezoning and revised PUD for August 7, 1979 ' E. Approve specifications and order bids for seal coating F. Request for approval of Cooperative Power Association developer's agreement (formerly item VI. C.) G. 2nd Reading of Ordinance No. 79-21 rezoning 10 acres from Rural to Public for Eden Prairie Assemblies of God Church and developer's agreement (formerly item VII. C.) H. Reaffirmation and Assumption Agreement for Circle Rubber (formerly item VIII. F. 1.). I. Request to set a Public Hearing for Municipal Industrial Development Bond approval for Cooperative Power Association for August 21, 1979 (formerly item VIII. F. 2.) J. Request to set a Public Hearing for Municipal Industrial Development Bond approval for Ryan Construction Company for August 21, 1979 (formerly • item VIII. F. 3.) • MOTTON1 Osterholt moved, seconded by Redpath, to approve items A - J on the Consent Calendar. Motion carried unanimously. . IV. PUBLIC HEARINGS . 10 A. Bluff's West 3rd & 4th by Hustad Development Corporation. Request for PUD concept approval, rezoning from Rural to R1-13.5, RM 6.5 and RM 2.5, preliminary plat approval for approximately 640 units on 168.5 acres, and approval of EAW. finding no significant impact. Located north of Bluff's West 2nd and east of Homeward Hills Road (Resolution-No. 79-94 - PUD, Ordinance No. 79-14 - rezoning, Resolution No. 79-96 - preliminary plat) Continued from May 15, 1979 City Manager Ulstad explained this Public Hearing was continued from the May 15th Council meeting and staff has been working with the proponents and have not come up with a proposal for them to go back to the Planning Conmission for consideration. Therefore, Ulstad requested the Council continue this Public Hearing to the August 21st Council meeting. MOTION: Edstrom moved, seconded by Osterholt, to continue the Public Hearing for Bluff's West 3rd and 4th by Hustad Development Corporation to the August 21, 1979 Council meeting. Motion carried unanimously. B. Guide Plan Public Hearing (continued from June 12, 1979) City Manager Roger Ulstad referred to the updated draft of the preliminary Guide Plan which has been distributed to each Council member, Ulstad suggested the Council consider this Guide Plan and if an agreement can be made on the changes, it can be forwarded to the Metropolitan Council, The Metropolitan Council would review the Guide Plan in its preliminary form and, in turn, it would come back to the City Council for final approval, At that time the III Council would also entertain some changes in the City's ordinances City Planner Enger spoke to the preliminary Guide Plan in general and to the suggested changes forwarded on to him prior to this evening's meeting by Council members. Additional changes were made by Council members along with suggested language by City Attorney Pauly to be incorporated into the Guide Plan before it is forwarded on to the Metropolitan Council for review. Council Minutes - 3 - Tues.,July 17, 1979 B. Guide Plan Public Hearing (continued) Frank Smetana, Sr., Smetana Lane, requested that the Guide Plan be made up in a summarized form so people would not have to go through 400 pages to find out what it is all about. Penzel replied there will be visual aids readily available at City Hall once the document is finalized, MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and give preliminary approval to the Guide Plan and forward it to the adjoining and otherwise affected governmental agencies and the Metropolitan Council for review. Motion carried unanimously. C. Request for Municipal Industrial Development Bond approval in the amount of $1,3SO,000.00 for Donald Russ (Resolution No. 79-72) Continued from July 3, 1979 City Manager lllstad explained this is a continued Public Hearing from the July 3rd Council meeting. • • iMarvin Ingber, bond counsel, summarized the application which is for a proposed office building to be located at the intersection of Flying Cloud Drive and Washington Avenue. It will be a multi-tenant building to be owned by Donald C. Russ and leased to a number of tenants in the decorating business, who are listed on the application. The project itself is for revenue bond funding in the amount of $1,350,000.00 to be placed in the form of a mortgage transaction with an institutional lender. Ingber referred to letter from Mr. Russ dated July 3 whereby it was indicated one of the tenants, Designer's Gallery, was to have a financial interest in the project itself. The interest at that point in time was for a leasing fee. The owner, Mr. Russ, has entered into an agreement with Mr. Richard Anderson to provide for a leasing fee to pay for the tenants to occupy the project. Mr. Anderson, in turn, has an agreement with Mr. McCorkell of Designer's Gallery to pay him a fee if Mr. McCorkell provides the leasing tenants for the • project. There was no written instrument indicating that Mr. McCorkell would receive an equity interest in the project in lieu of receiving cash for having provided tenants for the project. Thus, Mr, McCorkell's only interest in the project would be leasing fee earned for services rendered in the providing of tenants for the building. • Edstrom questioned if the conmitments for leases were oral or written commitments? Anderson replied they have written commitments for approximately 90% of the space. Mr. McCorkell, Designers Gallery, also commented his company represents 80% of the names and they are commitments and since the list was made out there have been additional interested parties. Mr. Russ explained he has four sons and they are working with him in the real estate business. Russ indicated they are planning on building 2 more buildings and he doesn't know which of the buildings they will be located in. Edstrom pointed out that Mr. Russ is not on the tenant list for building 1, which is being dealt with this evening. Mr. Russ replied if it is a require- ment they would be a tenant. The reason they are staying out of the first building is that there are so many people. that want to get in it that they are S not sure space will be available for them. Russ commented it is possible he will end up with space in each of the buildings in lieu of the several types of operations they have. Council Minutes - 4 - Tues.,July 17, 1979 C. Request for MIDB's for Donald Russ (continued) 0 Edstrom asked for a clarification on who would be the long term owner of the building. Mr. Russ replied he would be and intends to be for a long time. Osterholt questioned if the tenants leasing rates would be reflected by the fact there are revenue bonds financing this project. Mr. Anderson replied they definitely would be as the rental rates are $6.00 per square foot, and the prevailing rental rate in the market is somewhere around $9.00 to $9.50 per square foot. MOTION: Redpath moved, seconded by Pauly, to close the Public Hearing and adopt Resolution No. 79-72, approving the request for Municipal Industrial Development Bonds in the amount of $1,350,000.00 for Donald Russ. Redpath, Pauly and Edstrom voted "aye", Osterholt and Penzel voted "nay". Motion carried. • D. Suburban National Bank, request to rezone 4.4 acres from Rural to Office for a bank and office facility. Site is located at present drive-up facility, 11401 West 78th Street (Ordinance No. 79-24) Ms. Michelle Foster, Governmental Affairs Coordinator with the Rauenhorst Corporation representing Suburban National Bank, displayed graphics showing the site plan and the proposed development. Ms. Foster explained the only particular request they made of the Planning Commission was that they not be required to construct all of the parking that would be necessary to meet the City ordinance at this time. If the additional parking is needed later,then they will be happy to deal with that problem if it should arise. Essentially the proponents are supportive of the decision of the Planning Commission and have no problems with any of the provisions that the Planning Commission has placed on the rezoning, the site or building plan approval. The proponents are asking for rezoning of the entire site and approval of the site and building plans as proposed at this time. asked to be excused from taking part in this proposal as he has a minuet 'nterest in the Suburban National Bank. C ty Planner Enger explained this item was considered at the June llth Planning Commission meeting and a motion recommending approval of the rezoning contingent on the site plan as shown was approved on a 6 - 1 vote, subject to the recommendations of the Staff Report. There were a couple of recommendations in the Staff Report that were deleted and additions made as indicated in the Planning Commission minutes which Enger outlined in detail. Osterholt referred to the Staff Report where it was originally recommended that only a 2.4 acre site be rezoned and the balance of the site not be rezoned. The recommendation was to delete that, and Osterholt asked Enger if he agreed with that recommendation. Enger replied he thinks the City has better control technically and legally over the site if the balance is not rezoned at this time. However, an office zoning is completely consistent with the Guide Plan and Major Center Area Report and the staff is not uncomfortable with the rezoning of the entire site if the commissions have a chance to areview it prior to building permit issuance. Enger further explained the proponents do have an area on the site where they can provide the additional parking. In addition the City's ordinance doesn't speak specifically to drive-up bank facilities and they do meet the 5 spaces 1 per thousand as far as office space is concerned. Ulstad commented the proponents do have the area to provide the parking, but are requesting not to surface the entire area at this time. I I:: s. . • Council Minutes - 5 - Tues.,July 17, 1979 • D. Suburban National Bank (continued) I/ Councilwoman Pauly asked who makes the decision as to when the extra parking spaces are needed. Ms. Foster stated it is her understanding that the City would tell the bank if there is a parking problem and they will put in the spaces. MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing and give a 1st Reading to Ordinance No. 79-24, rezoning 4.4 acres from Rural to Office for a bank and office facility for Suburban National Bank. Osterholt, Edstrom, Pauly and Penzel voted "aye"; Redpath was excused from voting. Motion carried. MOTION: Pauly moved, seconded by Osterholt, to direct staff to draft a developer's agreement including the Findings and Conclusions in the Staff Report dated June 7, 1979, deleting item 1, defining item 3 to include "City reviewal of the necessity for the extra 11 lots and that the City would have the power to require the extra parking spaces", and adding • "City Council review" to item 11. Pauly, Osterholt, Edstrom and Penzel voted "aye"; Redpath was excused from voting. Motion carried. E. 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 (Resolution No. 79-129) Rick Sathre, McCombs-Knutson Architects, representing the proponents, explained 11/ they requested to appear before the Council to explain the proposal made to the City for the Council's benefit, recognizing the fact that the Planning Commission has voted to recommend denial of the PUD concept plan. On behalf of the proponents Mr. Sathre stated he wished to explain what their purpose is and to ask that the Council do one of several things: 2) concur and approve the concept plan or 2) give the proponents and the Planning Commission guidance and send it back to the Commission. Sathre spoke to the proposal for Council's consideration. City Planner Enger commented the Planning Commission first considered this item at their May 14th meeting and the Planning Commission at that time was somewhat unclear as to what the actual request was for. There weren't individual land use areas identifiable at that point, but rather the sites were split up and • there was a list of different uses ranging from industrial to office to various types of highway commercial and regional commercial-that were proposed to be on any one of the sites. The Planning Commission felt this was somewhat ill- defined and suggested that the developer go back and define an actual land use request for PUD. The proposal was subsequently considered at the June lith Planning Commission meeting and at that time the Commission recommended to the City Council denial of the PUD concept as presented on a 6 "no", 1 "abstention" vote because they felt that the grading information was unclear, that the Guide Plan update illustrated clustered high density residential use of the site and there was no commitment for use of this site as residential in the plan illustrated, there were unanswered questions as to the amount of cutting of OIL hills, filling of flood plain and the amount of trees that would be removed. and there was general lack of traffic information and uncertainty as to their road system and how the road system would be implemented and how it would carry the capacity of the traffic. Paul Enblom, 10610 Valley View Road, trustee for the Peterson property which is enclosed on 3 sides by the proposal, stated they do not object to the general idea of developing the land and feel that more sensitivity given w,. .,,1r Council Minutes - 6 - Tues.,July 17. 1979 E. Schgenfelder PUD (continued) would reduce their objections. Enblom spoke to three primary concerns which they have: 1) removal of the hilltops and hoped there would be more imaginative or creative ways to use the hills; 2) substantial part of the site is flood plain and they would strongly object to filling the flood plain or impinging on the creek itself, and 3) that delicate handling of the oak woods on the site be required. Penzel asked Mr. Enblom if he would be willing to work with the proponents to make the proposal a more acceptable one. Mr. Enblom replied in the • affirmative. • Gary Kostecka, 10805 Valley View Road, expressed two main concerns: 1) the excess traffic that will be put on Valley View Road, and 2) doesn't believe any of the corporations or contractors should be able to fill any of the flood plain. Frank Smetana, Sr., Smetana Lane. asked how Mr. Schoenfelder got the land as he owned the land and never signed it over to Mr.Schoenfelder. Council requested that the proponent furnish information as to the time and parties involved in the land purchase when this proposal is before the Council again. Oy�f Mr. Sathre commented they are not reques that the land be graded prior to a user being sought and review by the Planning Commission and City Council of those plans. • • MOTION: Redpath moved. seconded by Osterholt, to continue the Public Hearing I/ for the Schoenfelder PUD to the September 18, 1979 Council meeting,and refer the proposal back to staff and the proponent for modification and recommendations. Further that the Public Hearing process be held before Planning Commission and that staff be instructed that the Public Hearings before the Planning Commission and Council be published and that notices • be mailed out once again. Motion carried unanimously. F. Request for Municipal Industrial Development Bond approval for Lloyd Miller/ Energy Controls in the amount of $1,150,000.00 (Resolution No. 79-107) Marvin Ingber, bond counsel, summarized the application as presented to the City and answered questions of Council members. • Phillip H. Semmer, Box 163, Shakopee. spoke against the use of Municipal Industrial Development Bonds for venture capital coming into a community. Edstrom suggested Mr. Semner direct his criticism to the State Legislature and U.S. Congress as those are the entities that are determining the policies for Municipal Industrial Development Bonds. MOTION: Osterholt moved, seconded by Redpath. to close the Public Hearing and adopt Resolution No. 79-107, granting approval for Municipal Industrial Development Bonds in the amount of $1,150,000.00 for Lloyd Miller/Energy Controls. Motion carried unanimously. G. Request for Municipal Industrial Development Bond approval for Parker-Hannifin in the amount of $2,000,605.00 (Resolution No. .79-132) Mr. Richard Anderson summarized the application as presented to the City and answered questions of Council members. a32 Council Minutes - 7 - Tues.,July 17, 1979 • G. Request for MIDB's for Parker-Hannifin (continued) a Penzel asked how many people would Parker-Hannifin employ? Mr. Anderson replied Parker-Hannifin would employ 65 people, MOTION: Edstrom moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution 79-132, granting approval for Municipal Industrial Development Bonds in the amount of $2,000,000,00 for Parker-Hannifin, Motion carried unanimously. H. Request for Municipal Industrial Development Bond approval for Robert Murray in theanount of $1,156,000.00 (Resolution No. 79..1331 Mr. Robert Murray spoke to his request stating he recently sold his business and several of his real estate holdings in the state and out of state, and it is his intention to spend fulltime erecting several buildings and seeing that they are leased and properly maintained. Murray commented he'has already erected two buildings in Eden Prairie, one which he is leasing to the former company he owned (Detroit Diesel). It is his intention now to put up an additional building getting revenue bonds for the purpose of reducing the cost of rental rates to attract triple "A" tenants into the City of Eden Prairie. Marvin Ingber, bond counsel, summarized the application as presented to the City. Osterholt stated he intends to vote against this request as it will be placed 111 on a private mortgage. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and adopt Resolution No. 79-133, granting approval for Municipal Industrial Development Bonds in the amount of $1,150,000.00 for Robert Murray. Redpath and Edstrom voted "aye"; 0sterholt, Pauly and Penzel voted "nay". Motion failed. 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 199O's. (continued from July 3, 1979) Mike Sullivan, Environmental Quality Board, outlined to the Council the routing and siting process for locating a substation in Eden Prairie. Sullivan distributed material, i.e., Power Plant Siting and Power Line Routing in Minnesota, The Power Plant_Sitin Act of 1973, as amended 1977, and Minnesota Code of Agency Rules - Env roi nmenta Otiaiity Board - Routiog High Voltage Transmission Lines and Siting Large Electric Power Generating Plants. (A11 documents listed are on file at the Eden Prairie City Hall). Penzel questioned if the City were to encourage NSP's request for an exemption, would the EQB be able to assist the City from a technical standpoint in the review process. Sullivan replied NSP as part of applying to the EQB for the exemption is required to put a mini-application together. That information would come to the ...1 • • • • Council Minutes - 8 - • Tues.,1u1y 17, 1979 • A. Request for transmission line and substation development in Eden Prairie through the early 1990's (continued) iEQB staff and would be reviewed as to its completeness. The EQB staff can and does raise questions that they request the utility answer, and Sullivan made a commitment they would be more than happy to work with the City on any questions the City may have. Penzel questioned the justification for the request by NSP for a substation and if it is borne out by the facts. Sullivan stated they have on their staff electrical engineers who can look into that and can work with their sister agency, the Minnesota Energy Agency, in that regard. Penzel stated the question,which would be thg most desirable process to proceed with as far as the City is concerned( Should we go through the EQB normal process, or do we feel more comfortable with the exemption process which would leave the greater degree of control with the City? Sullivan noted with an exemption application there are two key regulatory control points in that process: 1) the EQB can attach as a part of its acceptance and approval of an exemption application such conditions as it deems necessary, and 2) once the Board has, in effect, granted an exemption the utility is then subject to whatever the local ordinances are in the community where they would like to locate a facility. NSP would then be subject to any permit requirements, zoning ordinances, rules, etc., that the City may have. Donald Chmiel, Staff Assistant, Environmental & Regulatory Activities Depart- - • ment of NSP, explained previously they indicated there could possibly be some 10 additional 115 KV lines through the City. The existing 115 KV line they have now would be upgraded from a 180 MVA capacity to 400 MVA capacity, which consists of double circuit lines. Those two double circuit lines • would then go from this proposed substation to Westgate in the City of Eden Prairie, and then to the Edina substation. The location under consideration NSP feels to be one of the most feasible with the least amount of intrusion, but yet providing the City with the capacity that is going to be required. Larry Hartman, EQB, Project Manager, outlined the exemption process as detailed on page 16 of the Minnesota Code of Agency Rules and in the Statutes on page 11 of the Power Plant Siting Act of 1973 (both documents on file at City Hall). Redpath asked if we have a 500 yard line and the City owns the property it is running over, can the adjoining property owners object. Hartman replied in the negative, and that it is only those that own the property who can object as opposed to the adjacent land owners. Redpath questioned if NSP had options on the land the property is going to run over. Chmiel replied they have options on the land, but may be required to get easements from one of the other property owners. Osterholt asked if the City were to go to outside authorities for expertise, to what extent would NSP contribute to costs? Frank Flourde, NSP, stated they have not brought that proposal to their management as to whether or not they would be willing to support an outside • consultant.to make an evaluation, and would have to do so before committing. to any dollar amount. Mr. Wietecki, NSP,further explained NSP would probably contribute more-than $1,000 or less than $100,000,depending on what kind of studies the City would like done. Mr. Wietecki stated he would have to review exactly what the City has in mind. A21. Council Minutes - 9 - Tues.,July 17, 1979 A. Request for transmission line and substation development in Eden Prairie through the early 1990's (continued) 111 Penzel stated the City needs some assistance in technical expertise which would give the City the assurance from an unbiased standpoint that NSP projections for need,-etc.,would be realistic and would justify the proposal that is being made. Sullivan asked if it is possible for the utility company to lay the project out in such a way that everybody can ask the questions before the process begins. Mr. Wietecki replied they would be happy to prepare a draft application laying out need, location and alternatives to serve the load and formally submit a copy to the EQB, Minnesota Energy Agency and the City Council and would be willing to meet in about two months with the City Council to discuss what questions still remain, what questions the City has, what answers NSP, can provide, what answers the state and various agencies can provide, and what questions the City may have where answers are not available. No action necessary. B. Discussion on liability for temporary signalization and channelization at Co. Rd. 1/T.H. 169 and T.H. 169/Vo-Tech • Penzel stated the City Council has discussed this issue with the State Highway Department and the County Highway Department for a number of years, and for various reasons the original promise that improvements would be made by 1978 and 1111 then by 1979 have not come true. The City Council is working to resolve this issue and has been discussing within the last months, specifically with the County Highway Department and Mn/DOT District 5, the possibilities for making some temporary improvements along Highway #169 as indicated. • Bill Crawford, Mn/DOT District 5, explained since their last appearance twq weeks ago before the City Council they have had speed checks taken to see if a reduction in speed would help. The checks show substantially the same average speed of the drivers on this particular stretch as in 197E when the last checks were taken. Crawford feels the speed limit that is zoned (50MPH) is realistic - 85% drive 45 to 50 MPH and this is what they based their zoning on as a rule. .. They have looked at the possibility of temporary signals and they will work; however, Crawford is not comfortable with allowing temporary signals in without the proper turn bays, as they must protect the left turner and the right turner. To put these signals in at the roadway cross section as it is today would undoubtedly increase accidents. Crawford commented at County Road 1/T.H. 169 the accident history is much more severe than at the T.H. 169/Vo-Tech entrance. The Vo-Tech is undoubtedly a problem and an inconvenience, but of 82 intersections in this district the Vo-Tech intersection does not show up on their priority list. Its accident history is not that of 82 other intersections. If Mr. Crawford were to spend state funds fora signal at the Vo-Tech he would have to answer for 82 other places that have worse situations. Penzel commented the Council has discussed the possibility of the City installing temporary signals at County Road 1 and Highway #169 at the City's expense, and he would like to know if that can be done and how quickly with the cooperation of Mn/DOT. ,Second, has there been discussion by Mr. Crawford's office and the Vo-Tech administration regarding the commitment by the Vo-Tech.to participate in the cost of temporary signals at the northern entrance of the campus. �31� Council Minutes - 10 - Tues.,July 17, 1979 B. Discussion on liability for to .orary signalization and channelization at Co. Rd. 1/T.H. 169 and T.H. 169/Vo-Tech continued) Crawford stated he is unaware of the discussion with the school; however, his traffic engineer did furnish him with a proposal that was submitted by somebody at the Vo-Tech school. Mr. Crawford's traffic engineer felt it was a good idea and will work. A capacity analysis was run and found with some minor modifications it would work. Penzel asked, assuming the Vo-Tech administration and board were willing to pick up the tab for the northern signalization, and the City were to pick up County Road 1, how quickly allowing those two agencies to do the necessary bding and contracting could we have Mn/DOT's approval and cooperation to do it. Crawford explained he is the one that signs the permits and if the proper roadway geometries are submitted to him he can sign the permit tomorrow morning. City Manager Ulstad commented as he listens to Mr. Crawford talking about the access to the Vo-Tech school, there are some improvements to the highway itself. Ulstad asked if the City would be responsible for those improvements to the highway proper itself in addition to the construction of the temporary signals. If we would limit the construction time to just the temporary signals, he would guess they could be completed in 90 days. If we are talking of physical improvements to the highway perse, this is going to require additional specifications for street improvements and alignments necessary for that intersection. • Crawford stated he is prepared to offer their forces to do the signal design. They do not have the forces to do the roadway design, neither do they have the forces to erect the signals nor do the roadway work. Penzel questioned what kind of time frame would the engineering require for the design of a center median. Jullie responded it would probably take four weeks to get a plan put together, assuming the state would do the signal design and give the City some of the basic design perimeter for the turning lane bays, etc. Penzel asked if the state would on an experimental basis reduce the speed from 50 MPH to 45 MPH. Crawford replied if the City could commit to the enforcement he would agree to experimenting with a reduced speed. The State would loan the signal heads and controllers free of charge to the City. Osterholt asked if there was room on the present asphalt on County Road 1 and Highway 169 to at least stripe the turn lanes. Crawford replied he was not sure but would check into it. Crawford further stated he would recommend not striping but putting in temporary raised medians. Pauly asked if going ahead with the temporary signals in any way would affect the time table for the permanent repair. Crawford replied it would not affect the timetable for the permanent improvement. Penzel questioned what the Vo-Tech would contribute toward the signals. Tom Tonkin, Vo-Tech School, stated their school board will be meeting Thursday evening at which time they will be bringing a proposal to pay for certain expenditures for this project, one of them being in the installation of the lights. 2:621 • • • • Council Minutes - 11 - Tues.,July 17, 1979 B. Discussion on liability for temporary signalization and channelization at • Co. Rd. 1/T.H. 169 and T.H. 169/Vo-Tech Penzel asked what the cost would be for signals and a raised median. City Engineer Jullie responded we are talking in the terms of $20,000 - $30,000 for the total project; $10,000 - $15,000 for the signal and an additional $15,000 for the raised median and any overlays that may have to be done. Jerry Boogaard, Student Association at Vo-Tech, thanked the Council for the expediency shown to this problem. Boogaard consented one of the other parts of the project he was interested in were the three proposals for covering the center • • line: 1) a curb, 2) concrete median to keep the traffic apart, and 3) barrels filled with sand. If any are more feasible than extra construction costs • which will be torn up again in 1 1/2 years, Boogaard stated he would rather see them addressed than an asphalt curb. • Bill Mamel, director of the south campus for Vo-Tech, stated he is very pleased with the action that has been considered this evening. Feels the students have acted honorably in a courteous fashion in a very difficult situation. Hopes we will hold to the permanent construction in 1981 and that the temporary signals will be in as soon as possible. Mr. & Mrs. Simchuck, 9145 Flying Cloud Drive, spoke in opposition to the place- ment of the temporary signals where proposed as it will make it almost impossible for them and their neighbors to go north or south on Highway #169. Penzel suggested Mr. Crawford look at this situation when preparing the necessary design specifications, and take this concern into consideration. Phillip Sewer, Box 163, Shakopee, read from a letter direct to Governor Quie regarding the dangerous traffic situation on Highway #169 (attached as part of minutes). • • Mr. Carson, father of the young man that was involved in the recent accident while trying to enter the Vo-Tech Center, thanked the Council and Mr. Crawford along with the Hennepin Technical School and Mr. Tonkin for their concern. Carson stated he will do everything he can to prevent another accident like what happened to his son on Highway #169. MOTION: Edstrom moved, seconded by Redpath, to instruct staff to proceed with the design, if necessary through the hiring of a consultant, in cooperation with Mr. Crawford's office of Mn/DOT District 5, and.that they would return to the Council with specifications for these improvements at•the earliest possible opportunity and then proceed with the installation of temporary signals with all due haste. Roll Call Vote: Edstrom, Redpath, Osterholt, Pauly and Penzel • voted "aye". Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 79-142, requesting the Mn/DOT to lower the speed limit on U.S. 169 north of County Road 1 to 40 MPH. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, that it is the City's intent to deed to the State of Minnesota the necessary right-of-way for the improvement of Highway #169. Motion carried unanimously. 1a'3V • Council Minutes - 12 - Tues.,July 17, 1979 C. Request for approval of Cooperative Power Association developer's agreement II This item was moved to the Consent Calendar (V. F.) VII. ORDINANCES & RESOLUTIONS . A. 1st Reading of Ordinance No. 79-15 and/or adoption of Resolution No. 79-135, establishing a Code of Ethics for Officials of the City of Eden Prairie (continued from July 3, 1979) City Attorney Pauly spoke to his memo dated July 12, 1979 regarding the revised • ordinance and resolution. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-135, relating to disclosure of certain information by public officials. Roll Cali Vote: Redpath, Osterholt, Edstrom, Pauly and Penzel voted "aye". Motion • carried unanimously. /or F.2 ., Osterholt stated he objects to the ordinance on the groundslit is unconstitutional and the resolution discloses all of the information on a voluntary basis without the penalty. • Fred Baumann, 8345 Tamarack Trail, spoke in favor of the ordinance as it is the right of the people to know what and who their public officials are. MOTION: Pauly moved, seconded by Penzel, to give a 1st Reading to Ordinance . • No. 79-15, establishing a Code of Ethics for Public Officials of the City of Eden Prairie and to include reference in the ordinance to Resolution No. 79-135. Roll Cali Vote: Pauly, Penzel and Edstrom voted "aye", Osterholt and Redpath voted "nay". Motion carried. • MOTION: Osterholt moved, seconded by Pauly, to continue the Council meeting past the 11:30 PM scheduled adjournment time to 12:30 AM. Motion carried unanimously. B. 2nd Reading of Ordinance No. 79-01, rezoning 10 acres from Rural to C- Comrnerciai located in the southwest quadrant of Anderson Lakes Parkway and • County Road 18 for Super Valu Shopping Center, and developer's agreement . General discussion took place regarding the flipping of the shopping center. Penzel referred to a letter from Mr. Ryan dated July 10, 1979. whereby it was outlined this would not be feasible for the proponent. Mr. Benshoo, BRW. and Mr, Ryan also appeared in person before the Council stating thetreasonster why d changing the location of Super Valu would be prohibitive, as part of minutes). Penzei pointed out on the agenda this evening is a request for MIDB's for this center and he has a real concern about financing a building on speculation unless there are people actually committed to the structure, Mr, Ryan replied • they have ironclad leases; however, initially when the project was first considered they didn't envision the need for MIDB's, However since they went into a delay they are up 1 1/2 to 2 points in interest and 10 to 15% in construction costs. Another factor that came into play is they were asked to IL help support a traffic problem at the intersection, Osterholt questioned if the City were not to approve the revenue bonds wouldfl the proponents still go through with the project. Mr, Ryan replied without the revenue bond financing he did not think they would go ahead with the project. 2331 • • • Council Minutes - 13 - Tues.,July 17, 1979 • B. 2nd Reading of Ordinance No. 79-01, Super Valu Shopping Center (continued) ® Penzel acknowledged he, along with Mr. Osterholt, were contacted earlier today by some of the residents in the adjoining subdivicion. The residents would like to have a chance to look at the development agreement for potential suggestions or recommendations to the City Council prior to the City's approval. Penzel requested that the proponents consider either flip-flopping the center or restricting hours of operation for Super Valu. MOTION: Osterholt moved, seconded by Pauly, to continue the 2nd Reading of Ordinance No. 79-15 and approval of the developer's agreement for Super Valu Shopping Center to the August 7th Council meeting, allowing the residents and their attorney an opportunity to review the developer's agreement. Motion carried unanimously. C. 2nd Reading of Ordinance No. 79-21, rezoning 10 acres from Rdral to Public • for Eden Prairie Assemblies of God Church and developer's agreement This item was moved to the Consent Calendar (III. G.) • D. 2nd Reading of Ordinance No. 79-22, rezoning Lot 1, Block 3, from I-2 Park to Rural, Yorkshire Point Mr. Leroy Peterson stated before the Council he would like to keep the 1-2 • zoning on his property until at least the first of the year, as by that time he will either have to lose or develop the property. MOTION: Redpath moved, seconded by Osterholt, to continue consideration of the 2nd Reading of Ordinance No. 79-22 until the December. 41.1979 Council meeting. Motion carried unanimously. MOTION: Pauly moved, seconded by Redpath, to continue the Council meeting until 1:00 AM. Motion carried unanimously. VIII.REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Councilman Redpath - Cable TV Redpath brought the Council up-to-date on what has been happening at the Southwest Suburban Cable Commission meetings, and the items which will be considered at the next meeting on July 18th. B. Report of City Manager 1. Special City Council meeting held Tuesday, July 10, 1979 (formerly item II. B) City Manager Ulstad requested Council's ratification of action taken on July 10th by mutual consent over the telephone. MOTION: Osterholt moved, seconded by Edstrom, to ratify the action taken by the Council on July 10. 1979, authorizing the City to enter into a cooperative agreement with the Mn/DOT regarding the signalization and realignment of State Highway 5 and West 78th Street. Roll Call Vote: Osterholt, Edstrom, Pauly, Redpath and Penzel voted "aye". Motion carried unanimously. . • • • • • • Council Minutes - 14 - Tues.,July 17, 1979 • C. Report of City Attorney No report. D. Report of Director of Community Services 1. Tree Program Report Penzel referred to the Tree Program Report which the Council received. 2. Senior Citizens Transportation Program Director of Community Services Lambert spoke to his memo whereby staff is recommending a continuation of the Senior Citizens Transportation Program for a one year period. The Parks, Recreation & Natural Resources Commission also recommended the Council consider continuing this program for another year. MOTION: Edstrom moved, seconded by Osterholt, to continue the Senior Citizens Transportation Program for 1 year. Motion carried unanimously. 3. Mlikovich Appraisal Director of Community Services Lambert spoke to his memo dated July 12, 1979, requesting authorization to make an offer to the Milkovich's based upon the appraised value of $92,500. • • r MOTION: Osterholt moved, seconded by Redpath, to make an offer to Milkovich's for the property located at 9561 Timber Trail for $86,000. " Motion carried unanimously. 4. Hidden Ponds Park Sites Appraisals Director of Community Services Lambert spoke to his memo dated July 13, 1979. MOTION: Pauly moved, seconded by Osterholt, to direct staff to investigate an option on the eastern most site. Motion carried unanimously. 5. Petition of Prairie East residents on pathway connection Director of Community Services Lambert spoke to his memo dated July 12, 1979 recommending that the City now grade and seed outlots A and B. MOTION: Edstroni moved, seconded by Osterholt, to direct staff to grade and seed outlots A and B, the trail connection between Prairie East and Prairie East 2nd Addition, as per staff recommendation in memo dated July 12. 1979. Motion carried unanimously, E. Report of City Engineer 1. Approval of revised preliminary plans for traffic signals at Co. Rd. 18 and Anderson Lakes Parkway, I.C. 51-338 (Resolution No. 79-134) MOTION: Osterholt moved, seconded by Pauly, to continue this item • to the August 7th Council meeting. Motion carried unanimously. • .2333 • • Council Minutes - 15 - Tues.,July 17, 1979 2. Change Order No. 1, I.C. 51-312, street improvements in Country Vista Addition NOTION: Pauly moved, seconded by Redpath, to approve Change Order No. 1, I.C. 51-312, street improvements in Country Vista Addition. Roll Call Vote: Pauly, Redpath, Edstrom, Osterholt and Penzel voted "aye . Motion carried unanimously. F. Report of Finance Director 1. Reaffirmation and Assumption Agreement for Circle Rubber This item was moved to the Consent Calendar (III. H.). 2. Request to set a Public Hearing for Municipal Industrial Develomignt 411on(approval for Cooperative Power Association-for August 21, 1939 This item was moved to the Consent Calendar (III. I.) 3. Request to set a Public Hearing for Municipal Industrial Development Bond nproval for Ryan Construction Company for August-21, )979 This item was moved to the Consent Calendar (III. J.) 4. Pant of Claims Nos. 4872 - 5041 MOTION: Osterholt moved, seconded by Redpath, to approve Payment of 111 Claims Nos. 4872 - 5041. Roll Call Vote: Osterholt, Redpath, Edstrom,. Pauly and Penzel voted "aye Motion carried unanimously. Alt. NEW BUSINESS • No New Business. X. ADJOURNMENT ' MOTION: Pauly moved, seconded by Osterholt, to adjourn the Council meeting at 1:00 M. Motion carried unanimously. • • • +: (23 e 3 • • • Pec+d i• 1 jq9 • • Box 163 Shakopee, Minnesota 55379 July 11, 1979 Govenor Al Quiet State of Minnesota State Capitol St. Paul, Minnesota My dear .sir: Consider this letter a protest against the continuing abysmal ignorance and.total disregard for the safety of the citizens of Shakopee and Chaska area. I refer specifically, Sir, to the "7* intersection of.td. S. Hwy 169'a the point of merger with U. S. Bey 212. I became aware of the intolerable situation May 1978 upon my purchase of the Brookside Motel at that intersection. June 1978 saw tea+ directing traffic prior to the appearance of the concerned authorities on three different occasions. The realignment of the so cs1:..4 •r• was set for a contract award in March of 1979. It was delayed for ninety days. To the best of any know. ledge it is now scheduled for a programming of 1980. This morning at'6:45 I observed 50 to 100 cars waiting for a break in the flow of traffic on U. S. Hwy 169. Continuing compounded stupidity coupled with a continuing lack of money on behalf of the state DOT because of the lack of reimbursement on a federal level makes me siaS2 I must urge you, as the govenor of this state, to exercise your executive authority and move these people oft from dead center. It is nay intent to communicate with the editors of these surrounding small towns to seek their aid to alleviate this continuing hazard to their life. After observing your regard for the welfare of the citizens of this state as identified by your willingness to preserve the law of this . state, I think it proper for you to order forthwith a uniformed state ' highway patrol officer to control the traffic five days a week from the hours of 6:00 until 8:00. I am your obedient servant,, • 6hillip H. Sommer • 10 CITY •OF EDEN PRAIRIE • CLERK'S LICENSE APPLICATION LIST AUGUST 21. 1979 C !IVR (l7ULTI-FAMILY & CONIC) HENNERIN T t1NICAL CENTER U. Sc. PURER CORPORATION - THOMPSON DIVISION EARL":.h SONS a a�.Ht -IDIGN & CONSTRUCTION INC. OONTRAR (1 & 2 FAMILY) -ICON. INC. QVEE, INC. & SCHREMP POOLS INC. PaL1 TF CONSTRUCTION ' SC/H4ABEL-RTTmP.T, INC. STAR GARAGE BUILDERS THOMAS CONSTRUCTION WESLEY CONSTRUCTION INC. wINKELMal BUILDERS PLUMBING HAVES CONTRACTORS MR. PLUMBER, INC. VALLEY PLUMBING BEATING & VENTILATION SOUTHSIDE HEATING & AIR CONDITIONING, INC. • MECHANICAL DEVICES THOMAS E. BERSCEEID • These licenses have been Proved by the department head responsible for the licensed activity. CINDY PLAN' LICENSING CLERK ' :ci: ' • ' '''',1.1 1;is::::' .E.e.a . ,,,, . . . .. .....:::, • ,„ ,..!:,,,, 111 ..T.---) i►'f ;► c��ti Gar' i�I OF MmaussoTA,NCO ecueAreo ,;,;,, July 10, 1979 Mr. Roger l sted city of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Mn. 55343 re: Super.Valu Center Eden Prairie, Minnesota Dear Rogers I am enclosing two copies of the Developer's Agreement regarding the above referenced, project. We have thoroughly reviewed and considered the City** request to flip the building, reversing the position of the supermarket with the hardware, drug and variety. Our design engineers point out a serious traffic problem being created with the supermarket parcel pickup positioned at the point of ingress/egress from the proposed Anderson Lakes Parkway, and therefore, from the standpoint of both safety and function, the plan needs to remain as submitted. Additionally, the question of restricting the center from possible future 71. 24-hour operation is one that, from our position in financing, leasing, and ownership, could not be lived,with, and therefore, has not been incorporated into the agreement. • it is our understanding on item 47 that the $70,000 representing the City*S J. share of improvement costs for turn signals and lane improvements will be assess,- able against the property and not due and payable as an up-front cost. As we discussed, item #9 does not prevent customers from picking up their • shopping items from the parcel pickup during the hours between 10:00 P.I4. and ' 6:30 A.M., or prevent necessary standard maintenance such as snow removal during those hours. • We will be meeting with the City on Tuesday night, July 17, 1919, hopefully for final agreement. I appreciate your cooperation. Very truly yours, CONSTRUCTION COMPANY amen . Ry • vice President JRR/jw Enc. HOME OFFICE:RYAN BUILDING,HIBBING.'MINNESOTA,5?4g�"1FI rptioNc 2I' MINNEAPOLIS OFFICE:7401 METRO BOULEVARD.EDIVA,MINNESOTA 5W4ata uitP O1iC!'1 �8 ThI 2.7 • • iet st29'd�Jt ° pBgQ VkLLEY VIEW ROAR EDEN PRAIRIE.MINNIESOTA 5S3 TELEPHONE 15t2194441609 August 27, 2979 citIr of.'Eden Prairie 895.0 Eden Prairie Road • Eden Prairie, MN 55344 Attn: '.Mr. Roger Ulstad *.. Shady Oak Industrial Park 4th Addition `lir. Ul sted: . ' The planning Commission recently took action on the Shady Oak Industrial Perk 4th Addition, therefore we respectfully request the City Council set a Public Hearing at their earliest convenience. Yours ver• truly, Richard W. Anderson /mt • S • s 6 • • -. NE)S"AlE1 CI. ...;:::::,:,I., 11 • development corporation August 15, 1979 des?Pie City Council 3if ldert Prairie !den Frx'lrte Road Wen}rairie, mu 5544 Het Co look Place . ILadies and Gentlemen, :Rusted Development Corp. and Zaclaman Homes Inc. request that the C.nine41 osaPirder setting a piwl4c hearing for September 18th to rnnaltior our Overlook Pace housing development. The City Planning Committee has reviewed the project and suggested that we ask the Council to establish a hearing date. Thank you for your consideration, • H3acero'l.Yi 416e-t-'/01------‘,--"'"-• ,:-./..F.f.,,,,:. Richard Putnam HOC . 12750 PIONEER TRAIL,EDEN PRAIRIE MINNESTA 55340(6 2)9a-43 :i133`i MOO • T0: Mayor Menzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: .Carl Jul lie, City Engineer BATE: August 16;1979 • :SUBJECT: Bids for T.H. 169 Temporary Signal 1.C.,51-311 . Bids are scheduled to be received at 10:00 A.M. on Monday, August. R:O. 1979, for` the ehannelization and temporary signals on T.H. 169 at Ca. Read I and at'the north entrance to the.Vo-Tech School. A sum- mary of the bids received and an award reconmendation will be given to the CaunciT on Tuesday dvening. CJJ:kb 111 • • • S . • • w.. • August 21, 1979 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION N0.79-155 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS ON ATHERTON WAY I.C. 51-351 • BE It RESOLVED by the Eden Prairie City Council: • 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed sewer, water and street improvements for Lots 1, 2 and 3, Block 3 and Lots 1, 2 and ., Block 4, Heritage Park 1st Addition, at an estimated total • cost of $32,044, have petitioned the City Council to construct said improvements and to assess said cost against their property. 2. Pursuant to M.S.A. 429.031. Subd, 3, and upon recourtendation of the City Engineer, shall issue a Change Order for such work T existing Improvement Contract 51-351 in accordance with the unit bid prices. , 3. Pursuant to M.S.A. 4229.031. Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper. ADOPTED by the City Council of the City of Eden Prairie on Wolfgang H. Panel, Mayor ATTEST: _ SEAL • John D. Frane, Cleric • • • • NEMO 1): Mayor Penzel and Members of the City Council THROUGH! Roger Ulstad, City Manager PROM ' Carl Jullie, City Manager • DATE: August 16, 1979 ,SUBJ!CT Petition free Atherton Way`Residents I.C. 51_3514 . fhi ached petiti-on has been received from the owners of five lots lo« Ca ted at the north end of Atherton Way. We have talked. by+phmle to'the Owner. of the sixth lot that would also be involved (Mr. John Palmer) and ;is also in favor of the proposed extension of seer and water. With respect to paragraph d3 of the petition, we informed „ _ ' • ,1nhncen, who delivered the petition, that hookup would be requlree if their existing systems failed and pumping was required., Regarding, paaragraph.#6, we have verified with RCM Associates that the,design depth.ip of the sewer will be deep enough to allow the connections as rqueated. Recn►end that the Council Adopt Resolution No.19-155 accept Ong the petitions and ordering the sewer, water and street restoration,-improvements , for Lots 1, 2 and 3, Block 3 and 1, 2 and 3, Block 4, Heritage Park 1st Addition. CJJ:kh Attachments • 3 g 2 4 ks`: 3 is gde { y • la.• ♦ate • , : " iv .. LM ar St s Saw to - 11111 SF_ ra �'a #146f3 ` I " G - wrLrr ExleNsfvw •m 0 in --�"' I C'r'. q • • — . .0 , t /),.. (ro} erg - .mot .� aK f e , 64►' w - 7 a 3(4$A • ~ w S *fir .. {• ' -AVE. _•':'t .441 e _ %1 VP To-For ii.b • t •h, I ,.:.• VW y 4 `�' . r* _�✓� �,,.Z, w 5 S�•7/' � j~tea,/ �,ap� p :. la ^•1 (1) r' s. 1 .. �w°' 4:. ,' '�,-k ..d 4.7 , 4, +r F ,A. 'dew, • "j tit E"' }� k. ^ �ia 3s423 L0 a�' ;{ „ .xt"•1 J=`�w.. i 1*Tn s aiCrrrp i fj f'+ (4' ., • '—7 r ' 4:-• X'y *ri 1r. t Ni .: a •Seavu :r r JI -r r ratr•.g51i1. r . PAR lit 41t•�'i6 E r i i' __ - 1 ... is.; - -j. . STATE - — ' —•WEST — ..--- _ . • ..pr4, ! .a; . r •g dot? •1 26.0: • I • C•q,r •• r (33 .23(13 I y.< • August 1, 1979 10 TO: CITY OF EDEN PRAIRIE Attention: Carl Jullie, City Engineer SUBJECT: SEWER AND WATER INSTALLATION • • PETITION ;` • We the undersigned, current residents of Heritage Park on the north slope of Atherton Way, hereby petition to have our residences included in the sewer and water service currently 11 being installed for the Second Addition of Round Lake Estates directly to the north of Heritage Park. It is our understanding from recent conversations with Carl Jullie, City Engineer, that • the following specific details relate to this petition: 1. Current sewer and water construction related to Round Lake Estates, Second Addition, extends southward into current Atherton Way only far enough to service the residences of John Bridge and Harry Ortloff. By extending this service • two lots southward on Atherton Way, the residences of • Kenneth Geason, David Johnson and Charles Mills can also be provided with sewer and water service. They are requesting that this extension be made at this time. 2. Mr. Johnson desires to connect to the sewer and water immediately after construction is completed, and understands that he can do this, being able to use the sewer within the next few weeks. 23(1 • 3. The remainder of the undersigned understand that they can Connect to this sewer and water service at a later date, at their option, and will not be required to do so vales • the entire Heritage Park subdivision is required to connect at some future date. 4. We understand that with this petition, we are committing to being ;assessed for sewer and water service this fall, and that'charges for this assessment will appear on our property tax notices, beginning with the tax statements for 1980. • • 5. We have been told that we will be assessed for sewer and water services at current rates, which are estimated to • . be the 1978 rates plus 7% and that for homes built prior to 1972, a credit of 25% not to exceed $1,000 will be ePPIted to this assessment. The following specific fig es:have been provided to us by Mr. Jullie: .1978 Assessment Rates: Sower $3,000 Water 2,250 • • Trunk Charge 5.20 Subtotal $5,770 + 7% Estimated for 1979: 4t Subtotal $6,174 • Less: Credit (25% or $1000 maximum): -1,000 TOTAL $5,174 • PAYABLE OVER 17 YEARS AT 8% OR LESS FINANCE CHARGE 4�� 6. Mr. Geason and Mr. Bridge would like the option of sharing a trench to connect their residences to the sewer and water system at such time as they elect to do so. They have been informed that this is permissible. Some uncertainty currently exists as to whether the proposed extension petitioned for above will be deep enough to allow Mr. Geason and Mr. Bridge to connect in this fashion. Mr. Jullie has agreed to verify this, as well as to'determine whether the sewer already installed at the north end of current Atherton Way is deep enough for Mr. Bridge to connect at all, if the proposed extension is not made. In this event, if he cannot connect, he assumes he will not be assessed. This information will be required before a decision can be made as to where service can be placed at the property lines of Mr. Geason and Mr. Bridge. • 7. We understand that if the above petition is granted and the extension made, the street will be repaved promptly • (within 30 days) after work is completed, and that work will begin immediately as a continuation of the Round Lake Estates project currently underway. We further understand that curbing will not be added at this time, but will be deferred until such time as curbing is added to the remainder of Heritage Park. Respectfully submitted, NAME AJQD�D�REWm( SS 1( l' rm \J 1L _ " 'tom 7cA �6,o A „ el 4-f1 / 1tJI 7 4.'ta Th4 erArn fetior r� l 74yr /Ag .„,_0 ggtoo • • . August 21, 1979 CITY OF EDEN PRAIRIE HENNEPIN COUNTY. MINNESOTA RESOLUTION NO. 79-157 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 1979 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improve- ments and the total project cost, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City property, are established as follows: AMOUNT TOTAL CITY TO BE PROJECT COST ($) FUNDS ($) ASSESSED ($) • (See attached Exhibit A) NOW, THEREFORE, BE IT RESOLVED BY•THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. The cost of such improvements to be specially assessed are hereby • 11/ . hereby declared to be those as set forth above. • • 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and he khall file a copy of such proposed assessment in his office for public inspection. 3. A hearing shall be held on the 18th day of September, 1979, in the City Hall at 7:30 P.M. to pass upon such proposed assess- ments and at such time and place all persons owning property affected by such improvement will be given an opportunity • to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. He shall also cause mailed notice to be given to the owner of record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on III . Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk ae nt r, w !s r ;. 3 .r gtto,l '" 7„, K .— r.0 ...r to=to, y.. -4 .c .. •flfit tt — m , vs. P. Ill ..Kn so etr 6 la a A L7s en m ?m et to der ww+ _ .w..,poi ram. „...4P Z. . Pr t+..,„, !al* i t i . t ocy e�-1 1 Z l9C H+v t v y 49 W co AD +e+ rCo r co 777 r to ' . 4{{1 Jg7 t. Q • • p, ; X • • t • 0 0 0 • • CITY OF EVEN PRAIRIE HHENNEPIN COUNTY, MINNESOTA RESOLUTION 79-314 WKEREAS the City (if Eden Prairie and the County of Hennepin fie a. oiiit;t- Speratlon Agreement in effect for the use of Gommuni • Teet?e1';o$ 't,Block Grant farads from the UPS. Musing. and Urban thivdl pment; and . but Parties wish to terarinate that agreement and �p1 � ',rritlr a new Joint Cooperation dement, County COrrtraet No.'90441 i' UE.IT SOLVED, that the current agreement with.the aunty p 'Hennepin be terminated effective September 30a dl7ii, and a nee agreement with' the County of Hennepin, county Contract No. 90441 be i$tenented effective October 1, 1979; and on Oahe and , anger 'be authorized to execute the agreement on behalf of �" .pity. , Wolfgang H. Pan'Pl,.Mayor ATTEST: SEAL John •D. DFrane, City Clerk 4i g J✓�� r.l.,� }ki.., it Lt,�...5#L :., • • • • OFFICE OF THE ADMINISTRATOR A 2300 Government Center �k ,/ 'L" Minneapolis, Minnesota 55487c .10 � � 2 Jit...HENNEPIN July 31, 1979 • • Mayor Wolfgang Penzel . City of Eden Prairie 8950 Eden Prairie Road • Eden Prairie, MN 55344 RE: Notification of Right Not to be Included in the Urban Hennepin County CDBG Program for Year VI (1980)/Execution of New Joint Cooperation Agreement for Continued Participation • • • Dear Mayor Penzel: Please be advised of referenced notification to "opt out" of the Urban - Hennepin County CDBG Program. This notification is given pursuant to Program rules and regulations. If your community elects to opt out of the Urban Hennepin County Program for Year VI, both Hennepin County and the HUD Area Office must be notified of such actions, in writing, no later than October 1, 1979. A community cannot apply for a discretionary balance Small Cities grant while a participant in an Urban County entitlement grant program. 'Participation in the Urban Hennepin County CDBG Program for Year VI (1980) and beyond necessitates the execution of a new Joint Cooperation Agreement. If your community intends to continue in the Program, all four copies of the accompanying new Agreement must be executed and returned to Hennepin County no later than August 31, 1979. A resolution negating the old Agree- ment and authorizing the execution of the new Agreement must be passed and also returned. A sample resolution is provided for your convenience. The new Agreement has been developed to satisfy new rules and regulations established by HUD and to update the old Agreement which was first executed early in 1975 for Year I of the Program. It is the product of a Task Force established at a general meeting of Urban County participants March 8, 1979. The purpose of the meeting was to review, and discuss how to satisfy, HUD's demand for a new Agreement. State law requires that all communities organized pursuant to Plan A affix their official seal to the Agreement. • • HENNEPIN COUNTY 2.3 I an equal opportunity employer To assure continued particpation in the Urban Hennepin County program it is necessary that all agreements be executed and returned no later than the August 31, 1979 deadline. Please return to: • Robert Isaacson. Planning Supervisor Office of Planning and Development C-2353 Government Center • • Minneapolis, MN 55487 If there are questions concerning the agreement please contact Mr. Isaacson at 34f1-4544.. Sincerely, le. A. Atnermm, COURtIr 'niatrator cc Thomas T. Feeney, Area Manager, HUD 'Otis Enger, Eden Prairie • • • • :3 . Contract MD. 90441 JOINT COOPERATION AGREEMENT 111• THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN.State of Minnesota. hereinafter referred to as "COUNTY",and the CITY OF EDEN PRAIRIE r hereinafter referred to as 'CITY',said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes.Section 471.59i WITNESSETH: In consideration of the mutual covenants and promises contained ..,. in this Agreement, the parties mutually agree to the following terms and • . conditions. . I. DEFINITIONS For purposes of this Agreement, the terms defined in this section have the meanings given them: A. "The Act"means the Housing and Community Development Act of 1974, Title I.of Public law 93-343, as amended(42 USC 5301 B. 'Regulations"means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. C. 'HUD"means the United States Department of Housing and'Urban Development. D. 'Cooperating Community"means any city or tredn in Hennepin County which las entered into a cooperation agreement which is identical to this Agreement. • E. "Strategy'means that portion of the Community Development Block . Grant Application entitled"Comprehensive Strategy'and which • is developed by the'County in conjunction with cooperating coummities • pursuant to the Regulations. • F. "Planning Area"means the various regions of Hennepin County • as adopted for purposes of the Act by County Resolution 78-11-1169. The definitions contained in 42 USC 5302 of the Act and ( 24 CFR 570.3 of the Regulations are incorporated herein by reference and made a part hereof. .v, Page Z of 7 II. PURPOSE CITY and COUNTY have determined that it is desirable and in t. the interests of their citizens that COUNTY qualify as an urban county within the provisions of the Act. This Agreement contemplates that identical agreements will be executed between COUNTY and other cities in Hennepin County which do not qualify as metropolitan cities under the Act in such number as will enable COUNTY to so qualify under the Act. The purpose of this Agreement is to authorize COUNTY to cooperate with CITY in undertaking,or assist in undertaking,essential camnnity development and housing asdistance activities,specifically urban renewal and publicly assisted housing pursuant to comity development block grants as authorized by the Act and the Regulations. III. TERM Of AGREEMENT The term of this Agreement is fora period eoemencing on the effective date of October 1.1979. and terminating no sooner than the end ' of the program year covered by the application for the basic grant amount approved subsequent to the effective date. This Agreement is extended automatically for each sub",q„.n*program year unless written notice of termination to be effective at the end of such program year is given by CITY to COUNTY foilowing the same schedule as the"opt out notification. requirements as established by HUD. COUNTY shall provide written notifica- tion to CITY of CITY'S right to"opt out"and terminate this Agreement at least thirty(30) days prior to the "opt art"data. Notwithstanding any other provision of this Agreement.this Agreement shall be terminated at the end of the program year during which HUD withdraws its designation of Hennepin County as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of CITY and COUNTY pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resoiution and executed Agreement shall be filed promptly by the CITY in the office of the Hennepin County Administrator. and in no event shall the Agreement be filed later 111 than August 31. 1979. • Page 3 of 7 • • IV. SCOPE OF ACTIVITIES CITY agrees and will undertake and attempt to carry out within 0 the term of this Agreement certain projects involving one or gore of the essential activities eligible for funding under the Act. COUNTY agrees and will assist CITY In the undertaking of such essential activities by providing the services specified in this Agreement. A. CITY further specifically agrees as follows: 1. It will prepare a grant application for funds in accordance with the provisions of 24 CFR 570 Subpart 0(1570.300 et. se .) 7. and the Strategy. 2. It will submit its application for funds to COUNTY in such form as is required for timely submission to HUD and appropriate reviewing agencies. 3. It will use all funds received pursuant to this Agreement within two program years of the approval by HUD of the basic grant amount, unless approved by the County. Such expenditures shall not be for activities disallowed by either the County or HUD pursuant • to this Agreement. , 111 4. It will take actions necessary to accomplish the conpmunity development program and housing assistance goals as contained in the Urban County Housing Assistance Plan. • 5. It will ensure that affirmative action is undertaken with regard to fair housing,employment and business opportunities for minorities and women. It will comply with all applicable Federal and Minnesota laws, statutes, rules and regulations with regard to civil rights, affirmative action and equal employment opportunities. B. COUNTY further specifically agrees as follawsr 1. It shall prepare aad submit to HUD and appropriate reviewing agencies, all necessary applications for a basic grant amount • under the Act. Such application shall, to the maximum extent feasible, consider the actions taken by CITY in support of the continuity development program and housing assistance goals, together with citizen participation, the Act and any other relevant Minnesota Iand/or Federal statutes or regulations. In setting such prio$ties, • • Page 4 of 7 • • COUNTY will consider the previous performance of CITY in the expendi- ture of funds received under the Act in order to fulfill CWNTf'S responsibility to HUD for accomplishment of the community development program and•housing assistance goals. 2. It shall provide.to the maximm extent feasible. technical assistance and coordinating services to CITY in the preparation and submission of the grant applications. 3. It shall provide ongoing technical assistance to CITY to aid COUNTY in fulfilling its responsibility to HUD for accomplishment • of the community development program and housing assistance goals. The parties mutually agree to cooperate fully in the preparation of the application for a basic grant amount. In such{maceration. the parties will follow the provisions df Hennepin County Citizen Particive- tion Plan as stated in County Resolution 78-11-1169 and any subsequent • amendments. 4. It shall approve CITY'S request for the use of block grant amounts received pursuant to this Agreement for local needs • which are consistent with the Strategy, the Act and Regulations and other relevant Federal and/or Minnesota statutes or regulations. CITY and COUNTY agree that COUNTY shall establish reasonable time schedules for the submission of grant applications by CITY to COUNTY to insure sneh timely submission and to protect the rights and interest of CITY • and other cooperating communities. COUNTY shall communicate such time schedules to CITY. The parties mutually agree to comply with ail appiicable require- aunts of the Act and the Regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY'S responsibility to assume all'obligations of an applicant under the Act. including the development of applications pursuant to 24 CFR 570.300 slag, • Y. ALLOCATION OF,BASIC GRANT AMOUNTS ' • Basic grant amounts received-by the COUNTY under the Act shall be allocated as follows: A COUNTY shall retain ten percent(lox)of the total basic grant ILamount for purposes of defraying its administrative and ether costs in performing services for CITY and other cooperating cmehnauititS • ' Page 5 of 7 and for the conduct of such eligible community development activities 0 as the COUNTY may be authorized by state law to perform. 8. The balance of the basic grant mount shall be allocated by COUNTY to CITY and other cooperating cmmmnities in accordance with the following formula for the purpose of allowing the cooperating communities to plan for the application. This amount is only an estimate and is not guaranteed by the COUNTY. The CITY and each cooperating community shall use as a target for planning purposes an amount which bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1. The population of CITY and the population of all cooperating coamunities. 2. The extent of poverty in CITY and the extent of poverty in all cooperating communities. 3. the extent of housing overcrowded by units in CITY and the extent of housing overcrowded by units in all cooperating • communities. IF ♦. Ia determining the average of the above reties, the ratio involving the extent of poverty shall be counted twice. It is the intent of this paragraph that said planning allocation - utilize the same basic elements for allocation of funds as are set forth in 42 CFR 507.102(b). The COUNTY shall develop these ratios based upon data to be furnished by HUD. The COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data furnished by HUD. . In the event that CITY does not apply for or cannot qualify for a community development,block grant.or a portion thereof. COUNTY egy re-allocate the expected'grant amount to ail other cooperating communities • within the same Planning Area. If the COUNTY is informed in writing by the Department of Housing and Urban Development that the distribution of funds does not coeply with Title I of the Housing and Calamity Development Act of 1574. the COUNTY shall develop and implement a different distribution. Ho such action shall IIIbe taken. however, until and unless the proposed different distribution shall have been presented for review and convent by the cooperating communities. • , i Page b of T VI. SPECIAL PROVISIONS 1 Nothing in this Agreement shall be construed to prevent or otherwise modify or abrogate the right of CITY or COUNTY to submit individual applications for discretionary funds in the event COUNTY does not receive designation as an urban county under the aeet CITY and COUNTY mutually agree to indemnify and hold harmless each other from any claims, losses, costs. expenses or damages resulting from the acts or omissions of their respective officers. agents and employees relating to activities conducted by either under this Agreement, the Act or the regulations. In the event there is a revision of the Act and/or Regulations which would snake this Agreement out of compliance with the'Act and/or Regulations,both parties will review this Agreement and renegotiate those items necessary to bring the agreement into compliance. Bath parties understand and agree that the refusal to renegotiate this Agreement will result in the effective termination of the Agreement as of the date it is do longer in compliance with the Act and/or Regulations. VII. FINANCIAL NATTERS = Reimbursement to the CITY far expenditures from implementation of activities funded under the Act shall be made upon receipt by the COUNTY of Summary of Project Disbursement forma, Hennepin County Warrant Request. and supporting documentation. All funds received by the COUNTY under the Act as reimbursement . for payment to the CITY for expenditure of local funds for activities funded under the Act shall be deposited in;the County Treasury. • CITY and COUNTY shall maintain financial and other re ords and accounts in accordance with requirements of the Act and Regulations. Such records and accounts will be in such form as to permit reports required of the COUNTY to be prepared therefrom and to permit the tracing of grant funds and program WAN to final expenditure. CITY and COUNTY agree to'eke available all records and accounts with respect to matters covered by this Agreement at all reasonable times , to their respective personnel and duly authorized federal officials. Such T. 4. rdge ! OT • records shall be retained as provided by law, but in no event for a period IF of less than three years from the date of completion of any activity funded under the Act or less than three years from the last receipt of program income resulting from activity implementation. COUNTY shall perform all audits of the basic grant amount and resulting program income as required under the Act and Regulations. All program income from activities funded in total or part from L. the basic grant amount received by CITY shall be held by COUNTY in a non- interest bearing account designated for CITY. COUNTY will release program income funds to CITY for eligible community development activities pursuant to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf, 111 this day of , 1979. COUNTY OF HENNEPIN, STATE OF MINNESOTA • Upon proper execution, this agreement will be legally val d and binding. By: •Chairman of its County Board ,//2A,‘ s stan : ou ttorney And: Date: Deputy County Administrator 11 ATTEST: APPROVED AS TO EXECUTION: Deputy County Auditor CITY OF Assistant County Attorney Date: By: CITY MUST CHECK ONE: Its The City is organized pursuant • to: And: • awn A apT n 8- C aT rter Its j "• • •-• • - • •• , -,'• s2.," •" • • :2,-. • !• -., 4 •-• :••• • : •-" -,•- • „ - - • - : • -' • "- •-, • .- - • Shea ; - • RAP • -. . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MiNNESOTA ORDINANCE 79-25 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES OR1IN AS FOLT,OWS: • 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 %.11 1 be included hereafter in the R1-13.5 District. • SSection 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 day of ,1979, and finally read and adopted and ordered published at a regular meet- ing of the City Council of said City on the day of 1979. • • Wolfgang H. Penzel, Mayor • (SHA74 Attest: John 1). Franc, City Clerk Published in the Eden Prairie News on the dal, of . , ' • • • SHEA REZONING Legal Description The South 146 feet of the West 327 feet excepting the West 33 feet • for IN 101, of the following described property in the SW1 of the Slpc of Sec. 6, Township 11:6, Range 22 N, Hennepin County, • • commencing at the SW corner'of-Secti-on 6, thence East 1.27'3 feet•. then North 294.6 feet; thence West to a point on the West line of • Sectiothencen 6 distant 292 feet north of the point of beginning $Rid • h 292 feet , to the point of beginning, according to the plat thereof on file and of record in the office of the • • Register of Deeds, in and for Hennepin County, Minnesota.• Iy• • • • • • • EXHIBIT A • • • • • • • • • •gaol. r -: Set Crest ' R CITY OP EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 79-26 A.ORDINANCE RELATING TO ZONING AND ACING - ORDINANCE 135 r COUNCIL or THE CITY OF EDER PRAIRIE Dos ORDAIN •^ AS W . Beetio t 1. Appendix A of finance NO. 135 is omei4Cled as follOwst The following described property as set faftb ill, i. itiibit A attached hereto and made a part hereof, shall be x "hereby is removed from the Rural^District and shall be. 'included reter in the R1-13.5 District. Section 2. This ordinance shall become effective from end after its passage and publication. FIRST READ at a regular meeting of the City •Connell Cif the: City of Eden Prairie on the day of ,1979, and' . finally read and adopted and ordered published at a regular meet- ing of the City Council of said City on the day of 1979. Wolfgang H. Penzel, HeY'nr • It Attest: • db►n D. Franc, City Clerk Published in the Eden Prairie News en the ii1ey x x i1A ` , ,..7_ 4,,.: 1. SUNSET CREST Legal Description 1 That:T of the SW bf Sec, 6, Tawaship 116, Ranee 2 N, West . if Principal Meridian . described as follower; �t' at the SW corner of said SWsz- thence East along rho nth gins of said SW distant 7"74.0 feet to the actual fl =of C inning thence continuingalzmg the last atri6'el course 351.4 feet, thence h parallel to the West 'lfner of aaill SW+a distant 3'6g`a44 felt: thence Weiparallel wit.; ai"d South line 351.4 feet. thence South parallel w1th sail We 11'ite 159.�F4 feet to the point o beginning, Hennepin 'sty', Minnesota. • EXHIBTT A i • , I . ,- ;13.47 f y, is • • 417LAN coostruction moms 111/ .�i y!. August 17, 1979 Mr. Roger Ulsted City Manager City of Eden Prairie • 8950 Eden Prairie Road Eden Prairie, Mn. 55343 ' re; Super Valu Center Eden Prairie, Minnesota Dear Roger; • On Tuesday, August 21, the mayor and city council will be making a decision on revenue bond financing which is critical to our proceeding with the Super Palm Center. We have all lived with the project for well over a year. I be- lieve the time spent with your staff, the planning department and city council • . has been productive from both our standpoints. The net result we have achieved 411 is a good, workable balance for the center, Eden Prairie and the adjacent residential neighbors. Also in doing so, we will be providing funds for a much needed traffic improvement at County Road 18 and Anderson Lake Parkway. Unfortunately, because of the City of Bloomington's involvement, resolving the intersection traffic improvement turned out to be a long, drawn out and expensive process for us both. The delay in potential solution created the following dilemma for us: 1.) A $70,000 contribution would have to be commited by us to pay for Eden Prairie's share of the improvements. 2.) The Bloomington delay would cost us an additional $100,000 because of construction inflation costs of nearly 1% per month. The total delay now will cost closer to $200,000. 3.) More dramatic than the inflation, the economy changed and the resulting increase in interest rates would mean an additional l' to 2% on our permanent mortgage. The combination made our project economically unfeasible for our tenants so in January we contacted John D. Frane, your finance director, to discuss revenue bond financing. Under the conditions it was the only way our project could proceed. . • Our shopping center is unique in that we have two firm leases which take 100% of the space. Both leases are long term and commit us to 25 year terms and longer. The rents paid are generated on a formula basis which simply takes the total costs X the rental constant which is based on interest paid for the mortgage. The full benefit of the reduced rates created by revenue bonds is • passed to our two tenants to help bear the financial burdens discussed above. HOME OFFICE:RYAN BUILDING.HIBBING.MINNESOTA 55746—TELEPHONE 218R6369BB MINNEAPOLIS OFFICE:7401 METRO BOULEVARD,SUITE 5000NE CORP CENTER.EDINA,MI'COTA55435..TELEPI 612R35-799O • • • ldr. Roger Misted august 17, 1979 Page 2 Roger, I would appreciate your passing these comments on to the meYor and city council prior to the meeting, to help then more fully understand our dilemma. We hope, based on these conditions and the financial merits of our project pointed out in our revenue bond application, to seek their appiaaval. Very truly yam, d a� - ice President • • r l gyp. • TO: Mayor and Council • FRAM: John Pr'ane =St August 16, 1979 MEI MIDA's for Cooperative Power Association - $9,000,000 Cooperative Power Association intends to build a 100,000 square foot 3.:- office facility and communication facility on the property to the west of Raton/Cher-Lynn at an estimated cost of $9,000,000. The facility will employ about 150 persons. The bonds will be sold to fnstitutionaJ XfVV1tors on a private placement basis. The property is zoned 1--5 erld0h is,correct for the intended use. Resolution 79-151 is attached for year donaidesticn. A`o o eS — 0 SIB ,t .�.S ` . Arip.S.P.°'71 _ rib ' • • 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 attached 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 a Associates, Land Planner, 7901 Flying Cloud Drive, 10 Eden Prairie, 55344 BWBR Architects, 400 Sibley Street, St. Paul, 55101 • 5. (ESTIMATED PROJECT COST FOR: Land Acquisition and Site Development /o c?j $ 665,000 Construction contracts (Building) y" / 0-0 4,335,000 Equipment Acquisition and Installation (Communications) 1,735,000 Architectural and Engineering Fees a 765,000 • Legal Fees 7r 35,000 Contingencies ' _ 35,000 Bond Discount 120,000 Other (Furnishings) 400,000 • 6. BOND ISSUE J/ • a. Amount of proposed bond issue - $8,000,000. • b. Proposed date of sale of bond - November 1, 1979. c. Length of bond issue and proposed maturities - 25 years: kyw term bonds with sinking fund maturities with level debt service • commencing in 10th year. ' • • d. Proposed original purchaser of bonds - Institutional Investors - Private Placement. e. 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 (Estimate) d. Length of time in business - 23 years in Eden Prairie - 0 years • -2- • • • Do you have plants in other locations? If so, where? Yes. Underwood, North Dakota. • • f. Are you engaged in international trade? No. 8. 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) b. Bond Counsel - Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minnesota • C. Corporate Counsel - LePevere, Lefler, Pearson, O'Brien & Drawn, 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, variance, or waiver of any provision or requirement relating to any zoning, building, or other rule or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this project. COOPERATIVE POWER ASSOCIATION Applicant By ( Its General Manager Date -3 ' ' - -- ' ' - - - - —1.1::::' FOR FURTHER INFORMATION, CONTACT: Vern Carlson, Assistant General Manager, Financial Group, Cooperative Power Association - 92S-45b6 U. Zoning - to be uumyleted by the City Planning Department. a. Property is zoned - _ .. b. Present zoning C1,1 Us not) correct for the intended use. c. Zoning application received on for which is co-sect for the intended use. d. variances required - eve SC Dip o7'r/!G- t77 An �r` r� ,141)11i4-1,.4-117"--- c Pla . -A- gyp . • I . EXHIBIT A • • . A REVIEW OF i • CPA'S 19 MEMBER SYSTEMS • s kWh %of kWh Miles of Number of • Purchased Increase Line Consumers During 1978 over 1977 Agralite Cooperative.Benson 1•ta.tY<kk '. , Ramon Miilett,General Manager' 2,724 4,491 i•„90,890,058 5.306 BENCO Electric,Mankato ns.,'••';x�;,j,;:., Donald Amundson,General Manager 1,894 6,337 1107,864,492 8.1 i Brown County Rural Elect.Ass'n., .;,..r=;:f.% Sleepy Eye I."/4t.?:..4':: • Leslie R.Schrupp,Jr.,General Manager 1,310 3,281 `'�.:73,436,424. . 8.0 Dakota Electric Assn.,Farmington n:,1::'.,-'•`":;•^'' • Oscar Soderlund,General Manager 1204 28,363 3.452,937,692 14.8 Farlbauit County Coop.Elect.Assn„Frost Donald Amundson,General Manager 662 1267 .24,034,640 3.7 Federated Rural Electric Assn.Jackson •1 • C Marvin Johnson.General Manager 2,064 4,722 w98,826 971 8 3 Goodhue County Coop.Electric Ass'n., Zumbrota -'� Cecil Noising,General.Manager 1,010 3,402 :•'65,468A18 3.6 Lake Region Co-op Electrical Ass'n., 1 Pelican Rapids ,.jr'• ', ;�'..4 Clarence Peterson,General Manager 4,896 17.052 i 209,391,337 6.4 McLeod Coop.Power Assn„Glencoe Bernard Janowski,General Manager 1.710 ••5,046 •'"98,383,560 5.1 • • i • Meeker Coop.Light&Power Assn., -< '4._.1 Litchfield • I Duane Henkelman,General Manager' 1,604 5247 ...103.638,384 6.5 Minnesota Valley Electric Coop.,Jordan • t.:). ,,.r* • Francis Fiebelkorn,General Manager 2,077 10,412 �'.169.989,208 9.0 Nobles Cooperative Electric.Worthington :'• :.nr Douglas Wallace,General Manager 2.075 4,774 87,323,598 5.9 Redwood Electric Cooperative,Clements t Albert Lennick,General Manager 1,193 2.475 50,602,888 6.7 Runestone Electric Assn„Alexandria 1 Vernon Jutila,General Manager' 2,560 8269 119422.008 8.9 South Central Electric Assn„St.lames LeRoy Nelson.General Manager 1.982 3,881 101,698,106 6.7 Stearns Coop:Electric Assn„Melrose t t • Eugene Sullivan.General Manager 2272 12,126 3n2,57,659 7.8 Steele Waseca Coop.Electric.Owatonna 1 Donald Larson.General Manager 1.794 6.003 94,643.860 C7 Todd-Wadew Electric Coup..Wadena _ t Jun Bellgowan.General Manager 1,860 5,499 96,616,833 9.2 Wells Electric Assn.,Wells William Mutt General Manager 258 608 11.305,605 3.2 Total 3n,340 131 054 1.254L198561 S,b'a • 'Assumed position January t.1070 .. ... ...., ._. 1 I • After some discussion, Councilman introduced the following resolution and (after it had been read in full) (after the reading of the resolution was dispensed with by unanimous consent) moved its adoption: RESOLUTION RELATING TO THE AUTHORIZATION AND ISSUANCE OF REVENUE BONDS OF THE CITY UNDER MINNESOTA STATUTES, CHAPTER 474, FOR THE PURPOSE OF FINANCING A PROJECT THERE- UNDER; AND AUTHORIZING AN APPLICATION BY THE CITY TO THE MINNESOTA COMMISSIONER OF SECURITIES BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: Section 1. Recitals. 1.01. The Legislature of the State of Minnesota in Minnesota Statutes, Chapter 474, as amended (the Act), has found and declared that the welfare of the State requires active promotion, attraction, encouragement and development of economically sound industry and commerce through govern- mental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment; has authorized municipalities to issue revenue bonds to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement and betterment of projects, including any properties, real or personal, used or useful in connection with a revenue producing enterprise engaged in any business; and has authorized municipalities to enter into "revenue agreements", as defined in the Act, with any person, firm, or public or private corporation or federal or state governmental subdivision or agency (the Contracting Party) providing for the payment by the Contracting Party of amounts sufficient to provide for the prompt payment of principal and interest on the revenue bonds. 1.02. It has been proposed that the City issue its revenue bonds, pursuant to the authority of the Act, in an amount not exceeding the aggregate principal amount of $8,000,000 or such lesser amount as may be necessary, to finance costs of acquisition of land within the City and constructing and equipping thereon one or more buildings (the Project) to be used by Cooperative Power Association, a Minnesota corporation (the Association), as a headquarters and communications center in connection with its business of -3- i • • • • production and distribution of wholesale electric power; and 4' to make the proceeds of such sale available to the Association. The Association will agree to pay the City amounts sufficient to pay promptly the principal of and interest on the revenue bonds, and will agree to cause the Project to be constructed. • The Project is presently estimated to cost approximately $8,000,000. 1.03. The City has been advised that conventional, com- mercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of bor- rowing that the scope of the Project or the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal financing, and its resulting low borrow ing costs, the Project can be constructed as designed and its operation is economically more feasible. Section 2. Public Hearing. 2.01. As required by Minnesota Statutes, Section 474.01, Subdivision 7B, this Council, pursuant to a motion passed on July , 1979, called and held a public hearing on the proposal to undertake and finance the Project. Notice of the time and place of the hearing, and stating the general nature of the Pro- . ject and an estimate of the principal amount of bonds to be issued to finance the Project, was published at least once not less than fifteen days nor more than thirty days prior to the date fixed for the hearing, in the official newspaper of the City and a newspaper of general circulation of the City. A draft copy of the proposed application to the Minnesota Commissioner of Secur- • ities, together with all attachments and exhibits thereto, was available for public inspection following the publication of such notice at the place and times set forth in the notice. 2.02. All parties who appeared at the public hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. This Council has heard and considered the views expressed at the public hear- ing and the information submitted to the City by the Association. Section 3. Approvals and Authorizations. 3.01. On the basis of information given the City to date, and the views expressed at the public hearing, .it is found and determined that, the Project furthers the purposes stated in Minnesota Statutes, Section 474.01, and that it would be in the best interest of the City to issue its industrial development • revenue bonds under the provisions of the Act to finance costs of the Project in an amount not to exceed $8,000,000 (the Bends). -4- 2;;'� • • • • 3.02. The Project is hereby given preliminary approval by the City and the issuance of the Bonds for such purpose approved. The Bonds shall not be issued until the Project has been approved by the Commissioner of Securities as provided by the Act and until the City and the Association have agreed upon the details of the Bonds and provisions for their payment. 3.03. If the Bonds are issued and sold, the City will • enter into a lease, mortgage, direct or installment sale con- tract, loan agreement, take or pay or similar agreement, secured • or unsecured, satisfying the requirements of the Act (the Revenue Agreement) with the Association. The amounts payable by the Association to the City under the Revenue Agreement will'be sufficient to pay the principal, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. 3.04. The Association has agreed to pay directly or through the City any and all costs incurred by the City in ;. connection with the Project, whether or not the Project is approved by the Commissioner of Securities; whether or not the • Project is carried to completion; and whether or not the Bonds or Revenue Agreement and all other operative instruments are executed. 3.05. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Association. The City retains the right in its sole discretion to withdraw from participation and accordingly not issue the Bonds should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bonds or should the City, Associa- tion and any other parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 3.06. In accordance with the Act, the Mayor and Clerk are hereby authorized and directed to submit the proposal for the Project to the Minnesota Commissioner of Securities for her appro- val of the Project. The Mayor, Clerk, City Attorney and other officers, employees and agents of the City, in conjunction with ,/ Dorsey, Windhorst, Hannaford, Whitney & Halladay,/Bcsftrebunser---,`V/ to the City, are hereby authorized to provide the Commissioner .;,,c. "- with any preliminary information she may need for this purpose, 6 . and the City Attorney is authorized to initiate and assist in preparation of such documents as may be appropriate to the Project. 3.07. The City will comply with all of the provisions of the Act, including Minnesota Statutes, Section 474.01, Subdivision 8, in the issuance of the Bonds and the financing of the Project. -5- .23'1 . . .. ...,.. ., "-....- -...--%, - -.--,..-..„ - •, „: J.- -. 1.-_-- ..,. ,,:,- • , - - - - ' ' " '• -. , ,• • '. - '. .":' ' '''''''' '' -- --'- : :..--: . • - ,- , .... ,,,,..,..,...„..,..,. - .. , . . . _ , . . . . . . .... . , . . _ . . ., .. .. , ---..-- . . „...... "..., • 1-'-- If ( section 4. Special Obligations. however, that the legal r-:- ) or encumbrance,0t,t constitute a charge,_ City except the Pr J In all events, it is understood, Bonds shall or equitable, ,.. oxftYth:fCtiti3e,, if fitbecomes the Project and property1 of the City. ItiheepTclnyDeirlf;Pe 1::gnd :flertilottger;i1;bve : ;;receivedei from the not constitute a debt • Section S. Effective Date. ,.„ 1 This resolution shall be effective immediately upon its final adoption. PASSED - ADOPTED by the . 4 4-AnA. fs ANDden Prairie,rINAsrliiy Council of the City 0this ........ City of August, '17 , • Mayor - . Attest: City Clerk : C ..,.. • - :• • . ( ... .. .,. .. ..,_ .- . „. , • ... •_ i-,.- • ..,, , ; NT.,11 , . . • The motion for the adoption of the foregoing resole- tion was seconded by Counoilmember , and upon • vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and finally adopted. • • C -7- E 11/ TO: Mayor and Council FROM: John crane DATE: August 16, 1979 RE: MIDB'S for Ryan Construction - $3,500,000 Ryan Construction intends to construct a 75,000 square foot shopping center on the S. W. corner of County #18 and Anderson Lake Parkway, The estimated cost of the facility is $4,174,000 which would be leased to a grocery store and another tenant who would operate a number of smaller Shops. Employment within the facility is estimated to be 155 persons. The property is zoned C-Com which is correct for the intended use. Resolution 79-152 is attached for your consideration. C�vt', 9� rY= J� r' �°+� r' ^+'•tW'�/ ,-e ere,` fR.1P ! 4 7 0//1 Y , - �/f04 S t 5� V ,,r"J tb e, s V V1 �IA /' I � ,fr1I"- W DO 1713 0 'rf r rr r 1.3tnv 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 Incorporation or organization - Minnesota e. Authorized Representative - James R. Ryan . f. Phone - (612) 835-7990 111 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, Eden 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 PROJECT: 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 land, the con- struction of a new 75,000 square foot shopping center 41 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 S. ESTIMATED PROJECT COST FOR: • Land acquisition and site development $ 730,000.00 Building 2,007,000.00 Equipment 1,000,000.00 Others 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 $4,174,000.00 6. BOND ISSUE: a. Amount of proposed bond issue: i. Building - $2,500,000.00 ii. Equipment - 1,000,000.00 Total - $3,500,000.00 • r2+ • • b. Proposed date of sale of bonds: Summer, 1979 c. Length of bond issue and proposed maturities: i. Building a. Term - 30 years b. Maturity - level debt amortization ii. Equipment a. Term - 10 years b. Maturity - level debt amortization d. Proposed original purchaser of bonds: k Eberhardt Company to place bonds with institutional lender(s). e. Name and address of suggested trustee: N/A .1 III 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 and amount of any permanent financing in addition to bond financing: 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. C _3- f t • 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 - 75- ii. After this project? 1. Applicant - -0- 2. Jerry's - 125 - 3. Supplee's - 30 Total Tin - c. Approximate annual sales: 1. Applicant - $18,000,000.00 2. Jerry's - 55,000,000.00 • 3. Supplee's - 6,500,000.00 Total - $'1 ,50‘,000.00 • d. Length of time in business? • i. Outside Eden Prairies 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 t 3. Supplee's - Minnetonka, Wayzata and Minneapolis -4- • • 10 r f. Are you engaged in international trade? 1. Applicant - No. 2. Jerry's - No. 3. supplee's - No. • 8. NAMES AND ADDRESSES OF: a. Underwriter: Eberhardt 0 West Company3 Minneapolis, Minnesota 55435 iter Has preliminary financial been acompletedand attached to this application? Yes. ii. . Is underwriter's letter of intent to commit attached to this application? N/A. 111 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 Lafrentz & Co. 1730 Northstar Center Minneapolis, Minnesota 55402 9. WHAT IS YOUR TARGET DATE FOR: a. Construction start: August, 1979 • b. Construction completion: April, 1980 IL -5- • • 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•p• OTA, INC.. A plfca p as By Al J, s R. Ryan, Vice President January 31, 1979 Date • FOR FURTHER INFORMATION, CONTACT: 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 zoned:C'CoM Ohl /ST {ensA 6-g-7$ oj,,,p Rvddwa- flit'7 9 b. Present zoning (is) (ss=mah correct for the intended use. c. Zoning application re eived on )114V m�mg for Co1�it'1 u21 4 -elty Yk9 n which is correct for the intended use. d. Variances required: ro farKtrr4. t es p;peye6./M. p}� Planner • 6 :.3/1 • • • • • • • 79 -rs04- 111 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT TO BE CONSTRUCTED AND FINANCED UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHOR- IZING THE SUBMISSION OF AN APPLICATION TO THE MINNESOTA COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARA- TION-CT DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT • BE IT RESOLVED by the City Council of the City of Eden • Prairie, Minnesota, as follows: 1,. There has been presented to this City Council a proposal �. that the City undertake a project pursuant to the Minnesota Munici- pal Industrial Development Act, Chapter 474, Minnesota Statutes, as amended (the "Act") consisting of the acquisition of land in the City, the construction of a shopping center thereon and the purchase of equipment therefor (the "Project"). Under the proposal, Ryan Construction Company of Minnesota, Inc. ("Ryan Construction Company") will enter into a loan agreement with the City (the "Loan Agreement") whereby the City agrees to issue and sell its $3,500,000.00 Industrial Development Revenue Bonds (the "Bonds") to partially finance the Project and to loan the proceeds of such sale to Ryan Construction Company which agrees to construct the Project. The Loan Agreement will require Ryan Construction Company to pay amounts sufficient to pay the principal of and interest on the Bonds. The Bonds will be issued and sold to an institutional investor or investors, as a tax exempt mortgage and equipment financing, and will be secured by a mortgage or mortgages on the Project. Ryan Construction Company will retain title to and ownership of the Project and will lease the Project to Jerry's Enterprises, Inc., a Minnesota corporation ("Jerry's") and Supplee's 7 Hi Enterprises, Inc., a Minnesota corporation, under lease terms sufficient to provide for the payment of principal of and interest on the Bonds. The interest of Ryan Construction Company in the leases and the interest of the City in • the Loan Agreement will be assigned to the holders of the Bonds as additional security for the Bonds. The Bonds will be issued and sold in accordance with the Act and will provide that the Bonds are payable solely from amounts received by the City pursuant to the Loan Agreement and other property pledged to its payment. The Bonds will not be a general obligation of the City or be payable from any other property or funds of the City. • • 2. There has also been presented to this City Council a • form of Application to the Minnesota Commissioner of Securities, • for approval of the Project, setting forth the estimated costs of the Project and the increased employment and payrolls to result ,L therefrom. It is hereby found, determined and declared that the • Ja')3 10 purpose of the Project is and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and commerce; the development of industry to use the available resources of the City, in order to retain the benefit of its existing investment in educationald public service facilities; the promotion of employment opportuni- ties in the City; and the more intensive development of land available in the area to provide an adequate tax base to finance the increase in the amount and cost of governmental services pro- . vided by the City, the county and the school district in which the City is located. • 3. The Project is hereby given preliminary approval by • the City, subject to (i) approval of the Project by the Minnesota Commissioner of Securities and (ii) approval of this City Council, Ryan Construction Company, Jerry's (as to certain Project equipment only) and the institutional investor or investors as to the ultimate details of the Project and the terms of the Bonds. 4. Ryan Construction Company'is undertaking to make arrangements with an institutional investor or investors for the purchase of the Bonds. Upon receipt of a letter of intent to purchase the Bonds or a letter relating to the feasibility of issuing and selling the Bonds, the Mayor and City Manager are hereby authorized and directed to submit an Application to the Minnesota Commissioner of Securities for approval of the Project, substantially in the form presented at this meeting, together with the letter of intent to purchase or a letter of feasibility for the sale of the Bonds and a Statement Concerning a Proposed Project, substantially in the form presented at this meeting. The Mayor and City Manager and other officers, employees and agents of the City are hereby authorized to provide the Minnesota Commissioner of Securities with such preliminary information as he may request and are hereby authorized and directed to execute a Memorandum of Agreement with Ryan Construction Company, substantially in the form presented at this meeting. 5. Ryan Construction Company has agreed to pay any and • all costs incurred by the City in connection with the Project whether or not the Project is approved by the Minnesota Commis- sioner of Securities; whether or not the Project is carried to completion; and whether or not the Bonds or operative instruments • are executed. , 6. The adoption of this Resolution does not constitute a guarantee that the City will issue and sell the Bonds as requested by Ryan Construction Company. The City retains the right in its reasonable discretion to withdraw from participation, and accordingly • • not issue the Bonds, should he parties be unable to reach agreement It as to the structuring of the financing or as to the terms and conditions of any of the doc ents required for the transaction. • Zws0;., • -Z-.23041 • 7. Ryan Construction Company and Jerry's fat to certain • Project equipment only) are hereby authorized to enter into such contracts as may be necessary for the construction of the Project • by any means available to them and in the manner they determine witbOit advertisement. for bids as may be required for the con- struction or acquisition of other municipal facilities. • Rayor Attest; • • • City Clerk • • • • • • Y 1 ..', . .:".,.. .,'. . ;a , �< n`� R(' . `. .. . .^. ` : : y r• • • NTATE ESOTA• f • COUNTY OF HENNEPIN ) I, the undersigned, being. the dilly qualified and acting City Clerk of the City of Eden Prairie, Minnesota, do hereby �3 fy that the attached extract of minutes of a regular meeting the City Council of the City held I9?9 ..is.a full; •. of • _ true axed correct txanscript therefrom insofar as the same relates a the �, Q, O,©0 Industrial Development Revenue Sonde a the City. M 1$STNES& My hand officially and seal officiallp AS mo .. City Clerk this day of . 1999. ,, . ,:::::_.::::,...,..: , it City Clerk (Seal) :.. :i.'......:•,;.:.:. ::: " f.F,s rp w 3 .. ... .. ._U..t `tit 1 :i ll...6 ,IP dt flC, a. • . ' ''.. :----.-..--:-.:-.'..:j..-',T'..."-,-::::.,:-..,...F.f:.,...:2.,',---.. ....,-,':,....:-;.. ''-',-:. --- m ,`' ,,..,::;-.. '...... _;,, ;i-;.., .„,..., •:-.,::,,,,. -;;:-,.,, , ' -''''--.-''''-'",:-7-:::,,,:--::::-:"•::-?".-:::".,1,7.-;,...-.';'7,..1,-,-.....--,,,,,,..-,...,',,,-,:,-•••,-,..-.-:;.-''''::!zeS‘....7"7:::".'..!,'.7-'.t--.7'1:L:2'7'2..1-7...'- .2-.:-7„.:'2,,,,..,-...:S.:3:2;',7:::‘,., 2 '' '::' '''' ' ' ' ''''''''''''''.:•2;1'.2...f...,'-''''-':.'27.:77';:t.:22z1;--.S...'-'7'''''''''.'2-::-7--'''...-;7-77..2.-77'Viz-..':.„'''77477-.2.-72;-2.'''''';‘.:•.-'a71'7.„''''-', ...';'..-.'..1.:.'i.",7.,-,:27-...-!.,::::7,-,7,7,....: .. 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FROM: John Frane ..-:-..; - ... .:,. Date. August 16, 1979 ....,... , • -"' RE: MIOB'S Big 0 Imports Company/Galarneault - 8650,000 ,,,, ::.,. . , • - .. . ,...... 'John and PahertlIalarneault are requesting the 'it,y issue $650,000 .. • - :', of I.,R. Bands to finance a 30,000 square foot officefterehouse with an estimate/i cost of $720,000. The applicant intends to lease the bpi:idle% their company, Big G. Imports. The trrajart would be located at the of 70th Street and Shady Oak Road in the Shady Oak industrial Park 2nd Addition. The •prorserty is zoned 1-2 ithith is ..,.. ---..- correct for the intended use. Resolution 79-153 is attached for your • ' consideration. ( /4/' "litrbr- itel-A . 7. '. . . ..„ ,. . . . .., .....,. o .,.. A ...--.,.., :-.., -.. ....,.., 5 . ... -..7, ,.. illp . , . , . •.. , OE . - , •- . ',.. -,.. , , . , • ... ... .. . . :.-... .:., .....,--.. ...-,....i...,..-,....,,,,,....,..,,,..,.... ..,...,:,-,,...... 1 • CITY OF L•uH PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANT: • a. Business Name - John K. Galarneault and Robert J. Galarneault, Partners b. Business Address - c/o Big G Imports Co. 3021 Fifth Avenue South Minneapolis, MN 55408 C. Business Form (corporation, partnership, sole proprietor- ship, etc.) - Partnership • d, State of Incorporation or organization - Minnesota • e. .Authorized Representative - Richard B. Anderson 9600 Valley 'View Road ak P.Aan Prairie, MN 55344 f. Phone - 612/944-6803 - Richard W. Anderson I....: 612/822-7285 - Applicants 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: • • a. None b. C. 3V17 • • f,mom- ?i • 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Applicants are the sole officers and shareholders of Big G Imports Co., a Minnesota Corporation, which imports clothing and home furnishings from South America and distributes said products within the United States. A catalog of said products is enclosed herewith. A. DESCRIPTION OF PROJECT 30,000 s.f. office/warehouse building to be leased by applicants to Big S Imports Co. which will occupy the entire structure a. Location and intended use: Shady Oak Road at 70th Street, both to be constructed in Shady Oak Industrial Park, 2nd Addn., Eden Prairie, MN. b. Present ownership of project site.: Richard W. Anderson, Inc. c. Names and address of architect, engineer, and general contractor: Architect: Ed Mackie 6701 West 23rd Street Minneapolis, MN 55426 Contractor Adolfson and Peterson • and 6701 West 23rd Street Engineer: Minneapolis, MN 55426 Developer: Richard W. Anderson 44alleyeVaew Road oad44 5. ESTIMATED PROJE1�t : Land 2 1/2 acres $ 125,000 • Building $ 550,000 • Equipment • $ Other (Financing Costs) $ 51,500 Total • $ 726,500 • _y_ ;4'J/)•9 BOND ISSUE - • ' a. Amount of proposed bond issue - $650,000 b. Proposed date of sale of bond - July 15, 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 bonds will be purchased by one or more institutional mortgage lenders to .._ ' be determined. Y:. e. Name and address of suggested trustee - Not applicable f. Copy of any agreement between Applicant and original purchaser - None in existence at this time g. Describe any interim financing sought or available - To be provided by institutional mortgage lender(s) h. Describe nature and amount of any permanent financing in addition to bond financing - None 7. BUSINESS PROFILE - a. Are you located in the City of Eden Prairie? None • •b. Number of employees in Eden Prairie? None i. Before this project: None -3- ii. After this project? . 20 employee Sc. Approximate annual sales - Approximately $600,000.00 d. Length of time in business seven years • in Eden Prairie Nano e, Do you have plants in other locations? If se, where? 3021 Fifth Avenue South Minneapolis, MN f. Are you engaged in international trade? Except for merchandise imported from South America • 8, OTHER INDUSTRIAL DEVELOPMENT PEOJECT(S): a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "releated person" within the meaning of Section 103(b)(E) of the Internal Revenue Code. • • None 111 :id I b. List all cities in which the Applicant has requested industrial revenue development financing. I None • a. Detail the status of any request the Applicant has before any other city for industrial development revenue fina•naing:• • Norte • • 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 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 S. and the name(s) of appropriate city officials who. have knowledge of the transaction. None • 9. NAMES ADDRESS OP: •• • Agent or Mortgage Broker: Dougherty, Dawkins, Strand & Rkatrom 41.-4 IDS Center Minneapolis, 1I 55402 b. Private Placement Purchaser (If private placement) 0 Institutional mortgage lender(s) to be determined. • i. If lender will not commit until City ha►s 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. • 'd- 1 ' £ 1 • • w • b. Bond Counsel - Mackall, Crounse & Moore 1000 First National Bank Building Minneapolis, MN 55402 Applicant's c. �e Counsel - • d. Accountant - • 10. WHAT 18 YOUR TARGET DATE FOR: ... . •. a, Construction start - July 15, 1979 b. ` Construction completion December 31r 199 FOR PURTHER INFORMATION 'CONTACT: The undersigned Applicant understands that the approval o'r disapproval by the City•of Eden prairie for Industrial Development bond financing noes not expressly o'r i'Mpliedly constitute any approval, variance, or ,waiver aF"anli provi'sioh or requirement relating to any zoning, building, or other rule or or• dinance of the City of Eden prairie, or any other lay! applicable to the property included in this project(1.1,; ‘L.‘ plican' John K. Getarnesel;t,• • Individually • o; Appii t ReIndio;duabert aT.llyx n A Ri�i11$.e • Date -7- ,, rEfi:3{ S}a�"w�i'Y•'§'k�u?�i�.-:, • • 11. ZONING - TC i3D Ct1ISPLLTTD BY THE CITY PLANNING DI�SPART34TN . ... .,.. I/ • .„''''',-:•;.-'.: a. Property is zoned - I b. Present zoning {is n-2 ot) correct for the intended Use. •c. Zoning application received an, 1SiF. which is correct tor..the .. .. ` d. 1►eriancen required - • None required. _ i,. • • • • • '0,,ati4C7 City Planner r Enger • • • • • • • • • • -g- • • • • 7 9 _ • RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT TO BE CONSTRUCTED AND FINANCED UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHOR- IZING THE SUBMISSION OF AN APPLICATION TO THE • MINNESOTA COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARA- TION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT • BE IT RESOLVED by the City Council of the City of'Eden .. Prairie, Minnesota, as follows: 1. There has been presented to this City Council a proposal • that the City undertake a project pursuant to the Minnesota Munici- pal Industrial Development Act, Chapter 474, Minnesota Statutes, as amended (the "Act") consisting of the acquisition of land in the City, the construction of a 30,000 square foot combination office • - warehouse building thereon and the purchase of equipment therefor (the "Project"). Under the proposal, a partnership formed under the laws of the State of Minnesota consisting of Messrs. John K. • Galarneault and Robert J. Galarneault (the "Partnership") will enter into a loan agreement (the "Loan Agreement") with the City whereby the City agrees to issue and sell its $650,000 Industrial Development Revenue Bond (the "Bond") to partially finance the Project and to loan the proceeds of such sale to the Partnership which agrees to construct the Project. The Loan Agreement will require the Partnership to pay amounts sufficient to pay the principal of and interest on the Bond. The Bond will be issued and sold to an institutional investor or investors, as a tax exempt mortgage financing, and will be secured by a mortgage on the Project. The Partnership will retain title to and ownership of the Project and will lease the Project to Big G Imports Co., a Minne- sota corporation, under lease terms sufficient to provide for the payment of principal of and interest on the Bond. The interest of . the Partnership in the lease and the interest of the City in the Loan Agreement will be assigned to the holder of the Bond as additional security for the Bond. The Bond will be issued and sold in accordance with the Act and will provide that the Bond is pay- able solely from amounts received by the City pursuant to the Loan Agreement and other property pledged to its payment. The Bond will not be a general obligation of the City or be payable from any other property or funds of the City. • 2. There has also been presented to this City Council a form of Application to the Minnesota Commissioner of Securities, for approval of the Project, setting forth the estimated costs of the Project and the increased employment and payrolls to result therefrom. It is hereby found, determined and declared that the • purpose of the Project is and the effect thereof will be to promote I • • I/ the public welfare by the attraction, encouragement and development of economically sound industry and commerce; the development of industry to use the available resources of the City, in order to retain the benefit of its existing investment in educational and public service facilities; the promotion of employment opportuni- ties in the City; and the more intensive development of land available in the area to provide an adequate tax base to finance the increase in the amount and cost of governmental services pro- • vided by the City, the county and the school district in which the City is located. . 3. The Project is hereby given preliminary approval by . the City, subject to (i) approval of the Project by the Minnesota Commissioner of Securities and (ii) approval of this City Council, the Partnership and the institutional investor or investors of the ultimate details of the Project and the terms of the Bond. 4. The Partnership, through Dougherty, Dawkins, Strand ' & Ekstrom, Incorporated, investment bankers, is undertaking to make arrangements with an institutional investor or investors for the purchase of the Bond. This City Council has been advised by Dougherty, Dawkins, Strand & Ekstrom, Incorporated that, on the basis of information submitted to it, the Project is economically • feasible and that the Bond could be issued and sold upon favorable ® rates and terms in order to finance the Project. The Mayor and the City Manager are hereby authorized and directed to submit the Application to the Minnesota Commissioner of Securities for approval • of the Project, substantially in the form presented at this meeting, together with the letter of economic feasibility for the sale of the Bond prepared by Dougherty, Dawkins, Strand & Ekstrom, Incor- • porated, and the Statement Concerning a Proposed Project, substan- tially in the form presented at this meeting. The Mayor and the City Manager and other officers, employees and agents of the City are hereby authorized to provide the Minnesota Commissioner of Securities with such preliminary information as he may request and are hereby authorized and directed to execute the Memorandum of Agreement substantially in the form presented at this meeting. 5. The Partnership has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Minnesota Commissioner of Securities; whether or not the Project is carried to completion; and whether or not the Bond or operative instruments are executed. 6. The adoption of this Resolution does not constitute a guarantee or a firm commitment that the City will issue and sell the Bond as requested by the Partnership. The City retains the right in its reasonable discretion to withdraw from participation, II and accordingly not issue the Bond, should the City at any time prior to the issuance thereof determine that it is in the best -2- � 1 • 1 interest of the City not to issue the Bond or should the parties to the transaction be unable to reach agreement as to the structur- ing of the financing or as to the terms and conditions of any of the documents required for the transaction. 7. The Partnership acknowledges the current lack of public access to the subject property. By Resolution No. 79-42 this City Council ordered public improvements and the preparation of plans and Specifications for said improvements following receipt of a petition far such public improvements by the owners of 1001 of the subject property. The adoption of this Resolution does not constitute a guarantee or a firm commitment that the City will proceed with the _ ordered public improvements nor-does it prohibit or prevent the-City' from any further action regarding such public improvements, including abandonment of the project or the repeal of Resolution No. 79-42. 8. The Partnership is hereby authorized to enter into such contracts as may be necessary for the construction Of t11e . Project by any means available to it and in the manner it determines without advertisement for bids as may be required for the construe- • Lion or acquisition of other municipal facilities. 9. Mackall, Crounse & Moore, acting as bond counsel, is . authorized to assist in the preparation and review of all documents' relating to the Projects to consult with the City Attorney, the ip Partnership and the purchaser of the Bond as to the maturity, intweest rate and other terms and provisions•of the Bond and as to the covenants and other provisions of the necessary documents; and . to suhmit such documents to this City Council for final approval. • Mayor Attest: City Clerk • -3_ 4' Y • STATE OF MINNESOTA )) • ss. COUNTY OF ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Eden Prairie, Minnesota, do hereby certify that the attached extract of minutes of a regular meeting , 1979, is of the City Council of the City held 'a fulls true and correct transcript therefrom insofar as the same relate to the $650,000 Industrial Development Revenue Bond of the city. WITNESS My hand officially and seal officially as said City Clerk this day of , 1979. City Clerk (Seal) • • -d- 1- MEMORANDUM CTO: Parks, Recreation and Natural Resources Commission FROM: Dob Lambert, Director of Community Services DATE: August 17, 1979 SUBJECT: Development Proposal Check List ppoJLCT: Bluff's West 3rd Addition pRopp T: Rusted Development Corporation REQUEST: PUD approval, preliminary plat approval, rezoning from Rural to RI-13.5 for Bluff's West 3rd Addition for 166 units on 84 acres. LOCATION: West of Homeward Hills Road, south of Co. Road 1, east of BPI Landfill BACKGROUND: Refer to Planning Staff Report of ugust 7, 1979 • CHFrxfJST: • ( 1. Adjacent to parks? (Neighborhood, Community, Regional rd Hills Neighborhood Affect on park: Park area will serve as storm water drainage area, careful planning must insure that the "park" will not be flooded with each heavy rain. 2. Adjacent to public waters?N0 • Affect on waters: N/A • 3. Adjacent to trails?Sidewalk along east/west collector street within the project. Type of trails: (bike, multi-use, transportation, etc.) Pedestrain Construction: (asphalt, concrete, wood chips, aglime) Concrete Width: 5 Party Responsible for construction? Developer Landownership: (dedicated, density tradeoff, etc.)R.O.W. Type of Development? (residential, commercial, industrial) Residential S.F. Homeward Hills N.P. Where win CASH PARK FEE go? (what neighborhood) Need for a mini- rk. ast .148 ^f "- Pa °Yes, there is a noel for a miaai.]ya,k on t1,� 1w development. )11Ly • • -2- S. REFERENCE CHECK: a. Major Center Area Study: N/A b. Neighborhood Facilities Study: This area will be served by the Homeward Hills Neighborhood Park. c. Purgatory Creek Study: N/A d. Shoroland Management Ordintnnce: N/A e. Floodplain Ordinance: N/A f. Guide Plan:The proposal conforms to the 1979 Guide Plan. • g. Other: As the 6. Existing or pending assessments or taxes on proposed park property: developer is transferring the density from the park area, he is responsible for the assessments for the park area. 7. CASH PARK FEE? The cash park fee applicable at time of building permit will be paid. i• ,.�. 8. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against proposal: 9. Number of units in residential development? 166 Number of acres in the project? 84 2 acre mini-park to be developed on the Special recreation space requirements: west side of thb.development. €...' . Staff recommends approval of the request subject to the 10. STAFF RL•MDMNOATIONS: Planning Staff Report recommendations listed in the report dated August 7, 1979. • MEMBERS PRESENT: Bearman, Bentley, Levitt, Torjesen and Gartner Unapproved Planning Commission Minutes - 3 - Aug. 13, 1979 B. LEPARC, J.C. Kohirusch, request for approval of Environmental (' Assessment Worksheet. The Planner explained that this project was considered and acted upon during the former Planning Commission meeting, and answered general questions on the E.A.W. MOTION: Torjesen moved to recommend approval of the Environmental Assessment Worksheet Finding of No Significant Impact for the LeParc development. C. BLUFFS WEST 3RD ADDITION, request to rezone 84 acres from Rural to R1-13.5 for 166 single family homes. A public hearing. The Planner discussed the background of the proposal, explaining that the . former proposal was a larger project in terms of acreage and the number of units. (approximately 640 units) The project has been cut down to the Third Addition only,of 166 lots. This proposal continues to include a 16 acre piece lying to the the west for a neighborhood park and storm water area, and a 2 acre totlot. As a part of the request, the developer is requesting variance from minimum lot size, frontage and sideyard setbacks. Mr. Dick Putnam, Hustad Development Corporation, presented the proposal, and ex- plained that he and Mr. Roy Willis,ofRieke, Carroll, Muller Associates Inc., have met with the City Engineering staff on the project. Putnam questioned No. 12 of the staff report, the installation of methane gas monitoring wells before occupancy of any homes in the Third Addition. The Planner responded installation of methane gas monitoring wells should be coordinated with the phasing of construction. v •-vviv The lot sizes were discussed, with 50% under 13,500 sq. ft., and a net average of 2.5 units per acre. The Planner summarized the staff report FINDINGS AND CONCLUSIONS and RECOMMENDATIONS and responded to questions. The proponent was in agreement with the staff report recommendations, except for No. 12. Torjesen questioned the 400' buffer space from the approximate edge of the fill area to the back lot lines of the homes. The Planner responded this was arrived at by the developer, and explained that the Staff has researched the methane gas question through the Anoka Landfill and Pollution Control • Agency, and that their input has indicated it would be relatively non-expen- sive and simple to install monitoring wells. Torjesen suggested the changing of the wording of No. 12 to indicate the installation of the monitoring wells "in a timely manner as determined by the City", rather than "prior to occupancy of any homes in the Third Addition". v Bentley questioned the status of the pipe line present in the land. Putnam responded that the line will probably be re-located along a roadway, and Hus- f ( tad has agreed to work with the William Brothers on this re-location. Bentley felt it was important that the City Council be aware of the presence of the pipe line on the property. i f.... • .7/65 Planning Commission Minutes - 4 - August 13, 1979 C. BLUFFS WEST 3RD ADDITION public hearing. (cont'd) Bentley inquired what the price range of the houses would be. Putnam responded ' high $50,000 to low $60,000. The tot lot was discussed and noted that the developer would construct it, with maintenance by the City. Levitt inquired about the neighborhood park and how much of the acreage would be used for storm water. The Planner explained that under 100 year storm conditions, bne-half of the area could be inundated for only about 2 days. • Levitt noted that the project was extremely large when all additions were put together.(approx:600 single family homes) He asked whether any more additions were anticipated, and also noted he would have preferred to have seen a PUD concept of 600 plus units instead of the peicemeal approach that had been used. Levitt questioned the transportation and services impact on this area of the City. The Planner explained that the road systems and utilities have been planned for this current proposals type of density in this area. Bentley noted that the present density will make a significant impact an the transportation system and asked how many estimated average daily trips were anticipated. The Planner responded that Homeward Hills Road and County Road 1 will adequately handle the additional traffic, but that the problem is with Highway 169 and County Road 18. Bearman questioned the steepness of the lots on the ridge area. The Planner explained that in evaluating the project, he found that no grades are under 30%, and would have erosion potential. The staff recommends as part of the overall grading of the site, that the developer establish vegetation on all of these slope and also assure that all common drainage swales are preserved as a part of building construction. Ms. Sally Brown, 10080 Bennett Place, inquired how many fires have occurred at the sanitary landfill in the past year and whether they were caused by methane gas. The Planner responded there have been two that the City has been aware of, and they were told that they were caused by heat generated by greenlogs that were buried. Brown inquired, further whether the land was being taken into consideration as far as airport zones and traffic. The Planner responded the project is consistent with the Flying Cloud-"A" and "B" zones. Mr. Gerald Beauvais, 7735 Meadow Lane, questioned how many lots would actually be affected by the airport and methane gas, referring to the staff recommendation of a "warning" sign at the entry to the development. The Planner responded about 20 lots were in the buffer strip adjacent to the landfill, but that the intent was to protect all of the lots. The signs would not be a "warning", but a notice of the proximity of the homes to the airport, because of the large amount of planes going over the area. 2 U(gg Unapproved Planning Commission Minutes - 5 - August 13, 1979 ` C. BLUFFS WEST THIRD ADDITION. . . .public hearing (continued) Mr. Douglas Page, 15817 Valley View Rd., was opposed to high density in the proximity of the airport, explaining that he was a pilot, and that population tends to move toward an airport and that people are unaware until it becomes densley populated. He asked that the Commissioners consider the long range plans for the airport. The Planner explained that this was a much lower density project than the original proposal, which did infringe in the airport zones. Discussion on the recommended signs to be posted indicated proximity to the airport took place. Page asked about information to future owners, and urged str6ng consideration be given to the degree of warning. Torjesen expressed concern on whether the City should take the responsibility of informing prospective buyers about the proximity to the airport. Bentley felt it was not a question of responsibility, but of information. Sally Brown, speaking as Chairperson of the Flying Cloud Advisory Commission, referred to the small jet traffic and noise level occurring at the Flying Cloud Airport, expressed concern that the people living in this development,at a half mile away, will find the noise objectionable. Putnam responded that it_is their understanding that the noise level will decrease throughout the years. MOTION: Gartner moved to close the public hearing on the Bluffs Hest Third preliminary plat. Bentley seconded, motion carried 5-0. MOTION: Gartner moved to, recommend to the City Council approval of the rezoning from Rural to R1-13.5 as per the material dated 6/25/79, 7/12/79, 7/30/79 and �. per the staff report of August 7, 1979; with the addition that developer pro- ceed with negotiations with the William Brothers Pipeline company to establish final pipe line location. Torjesen seconded, motion carried 5-0. Bentley requested blueprint of monitoring wells for methane gas that would occur adjacent to the landfill. MOTION: Gartner moved to recommend to the City Council approval of the preliminary plat dated 6/25/79 as per the staff report of August 7, 1979, .._.. with the above listed addition. Bentley seconded, motion carried 5-0. MOTION: Gartner moved to recommend to the City Council approval of PUD con- cept based upon the staff report of 8/7/79, and the addition that the developer proceed with negotiations with William Brothers Pipeline company to establish final pipe line location. Torjesen seconded, motion carried 5-0. F. GONYEA PUD request for PUD Concept approval for 37 acres for duplexes, elderly housing, offices, and restaurant uses. A public hearing. ! Mr. Howard Dahlgren, Planning Consultant, Howard Dahlgren Associates, presented the proposal for Gonyea Investment Company, and reviewed the history of the site with the use of graphics. He pointed out that this land slopes away from the residential areas and toward the drainage pond in the southern part of the site. Adequate land will be given to the City for drainage pur- poses. He explained that they did not feel this site would be appropriate • • STAFF REPORT • TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: August 7, 1979 PROJECT: BLUFFS WEST THIRD APPLICANT: Hustad Development Corporation Council referral of item to Planning Commission- - for review and recommendation LOCATION: Southeast portion of the City directly east of B.F.I. Landfill, South of Co.Rd. 1 and adjacent to and west of Homeward Hills Road. To the South of the project is 244 lots approved in the Bluffs West Second Addition. REFER TO: 1968 Guide Plan Application material Ord. 135 Ord. 93 Previous staff report on Bluffs West Third & Fourth dated April 2, 1979 BACKGROUND: • • • Recent history of the Bluffs area dates back to July 197E when the Bluffs West Second Addition was proposed. Planning-Commission members serving at that time will recall that the Bluffs West Second Addition was an area of approximately 100 acres lying directly south of the current proposed Bluffs West Third Addition . The Bluffs West Second Addition was originally proposed before the Planning Commission - as a 207 lot subdivision on 112 acres for a total overall gross density of 1.85 units/acre. The Bluffs West Second Addition originally was platted with a number of lots on the very steep bluff area over looking the Minnesota River Valley. The Planning Commission, at that time, felt the development of the bluffs with single family homes was inappro- priate and recommended approval of the project minus the 12 acres overlook- ing the bluffs. ,' • Hustad Development Corporation brought the proposal to the Council minus the 12 acre bluff area and the proposal was 194 lots on 97 acres. They had at that point transferred the density from the 12 acre bluff area over to the remaining area. • The Council was not only concerned about protection of the bluff but of some provision for a neighborhood park site north of the Bluffs West Second Addition. After much discussion , Hustad Development Corporation added a 15 acre park as wellas .tell acre bluff area to be dedicated to the City. As a part of this proposal of dedication of parkland. Hustads increased the gross land area proposed from 97 to 124 acres and ht:� • • '\., .t.':'.. ,"4‘,I'': . :','It..‘,IS,..110%. \ " , '''......0) , , :: '721.3:—-' i:: ,..,:.f1:,:!..i!'''; kiiii , ". .. '''si .' .A ' q°)04.‘. .:•.%tri 4 .\1104 . " . kr 1\ " ''' 'ORZt., .'N 4."..,-;)1;0; ,:iVi Wr 4.;' 4*"." . . 'kik\ IN' '7 ':-'444... : :-.:7, ,,iit.' ''' k ♦ f44. 11''‘,111vilt/4',:t.. . :11Ik C > AllipOlaki°111111 ': ..:r.ty . 14411L,P klt r. ■ i w6 „�� 1 P, r . Sip .. tfAirAPA.Pkr.-71'..7,A . 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':.'IN g . - Iiiii, di • .• • •-• - • -.. . •• . , .. ..,......,,77::' . ffi -ire ..�_.. +.., . :400001r .Nt .... .r........... . •,„, 410 • ( ; •• 2110 I I • Staff Report-Bluffs WEst Third -2- Aug. 7, 1979 • ( transferred the densities from the two open space areas to the developable site for a total of 244 lots on 124 acres, or a gross density of 1.98 units/acre, and a net density somewhere around 2.8 units/acre. Since the gross density had been transferred off of the overall 124 total acres and consolidated upon approximately 87 acres, variances had to be given on:lot size, minimum frontage& minimum sideyard setbacks. The final form of Bluffs West Second Addition is a 244 lot plat with: 65% of the lots under 13,500 square feet, 50% of the frontages are 85 feet or larger, 14% of the frontages are between 80-85 feet, 25% of the frontages are between 68-80 feet, 5% of the frontages are less than 68 feet, and 4% of the frontages are less than 68 feet b utx are cul-de-sac . lots. Also at the time of review of Bluffs West Second Addition, the Council requested to see Hustad Development Corporation's overall plan for the remainder of the Bluff Area,(mostly in the possession of B.F.I.). Hustad's showed a skematic plan which illustrated dedication of the balance of the 32 acre park site with what would be called the Third and Fourth Additions which were shown to be composed of duplexes and quadraminiums. The Council took action on Bluffs West Second Addition based upon a 15 acre park dedication and a 2 unit/acre gross density with no prejudice regarding future Bluffs West Third and Fourth Additions. Subsequent to action on the Second Addition, Hustads applied for a planned unit development , preliminary platting, and rezoning of Bluffs West Third and Fourth Additions which were reviewed at the March 12, March 26, and April 9th Planning Commission Meetings. The Commission recommended denial of the projects on a 7-0 vote based upon the staff report of April 2, 1979. Issues of major concern to the Planning Commission were : 1. basic inconsistencies with density and type of land uses as proposed in Guide Plan , 2. impact upon proposal by . Flying Cloud Airport and Landfill 3. number of units proposed and their potential for overloading City service systems, 4. technical difficulties with the proposal. The Council reviewed the Bluffs West Third and Fourth Additions at their May 15, 1979 Meeting along with the Planning Commission's,Park& Recreation Commission's, and Flying Cloud Advisory Commission's recommendations on the project and instructed the developer and City Staff to return to the Commissions with a revised proposal which took into account all of the concerns . The original Bluffs West Third and Fourth proposals had included 640 units of condominiums, quadraminiums , duplexes, and small lot single family ( on 168.5 acres (gross land area). The current proposal is for PUD approval, preliminary plat approval, and rezoning from Rural to R1-13.5 for Bluffs West Third Addition on a total land area of 84 acres, including 16 acres of park and storm water holding area, 2 acres of totlot, for a total number of units of 166, and a total overall gross density of 1.98 units/acre. ,I. ,-, • Staff Report-Bluffs West Third -3- Aug. 7, 1979 4 Hustad's are also requesting variances on: minimum lot size, minimum frontage& minimum sideyard setbacks. The current submission for Bluffs West Third is consistent with the 1979 Guide Plan Update in that the proposal illustrates parkland/open space in the "A" & "8" Zones of Flying Cloud Airport, and setback from the B.F.I. Landfill as well as single family land use at a maximum 2 units/acre gross density. i • Since the original Third and Fourth Additions havebeen cut down from 640 units to 166 units the initial impact of the construction will be much less on transportation, schools, and public service systems. EXISTING SITE CHARACTER As was reviewed in the original staff report on Bluffs West Third and ,•Fourth Additions, the site is divided into 3 distinct areas. The lower portion of the site is largely wetland and accommodates a drainage • area for the remaining 2/3 of the site. This low area of the site is • located in the northeast end and will be the area of approximately 32 acres of storm water holding pond and neighborhood park. The central northeast . facing slope of the area is a band of topography approximately 1,000 feet in width with a high elevation of 884 to a low elevation of 794, approxi- mately 9% slope . The remainder of the site occurring toward the southwest • of the slope area , is a high flat plateau overlooking the:B.F.I. landfill and Minnesota River Valley. This last portion of the site is the only portion,from a standpoint of topography, which readily lends itself to development. Over 2/3 of the site is either fairly steep and requires a substantial amount of grading , or is an area of poor soils and wetlands. • The site is largely devoid of any major vegetation and is currently covered with upland meadow grasses and wetland grassess. • There is an overall area requirement of 38 acre feet of storm water storage to be accommodated in the lower portion of the site which occurs in the northeast corner. ' Although this area is only 32 acres in size, an acre foot is defined as "a quanity of water storage which is equivalent to an acre of water 1 foot deep". Obviously, the same water storage requirement can be accommodated by less ground area with more depth. The City Planning, Engineering and Park & Recreation Department, have looked at the 32 acre proposed park and storm water area and feel that a neighborhood park and • 38 acre feet of storm water storage can be accommodated upon the site. .2t10y • • • • • • • • Staff Report-Bluffs West Third -4- Aug. 7, 1979 C SITE PLAN The grading of the site is perhaps the most critical item encompassed by the site plan. Grading can be divided into 3 concerns: 1. Mass grading of the site and phasing of the mass grading. Since Bluffs Addition has been mass graded for two years '' and much.of the condition of.the area is still left.in. . . . a 'raw' state ( open to the effects of wind and water erosion), and since Bluffs West Second is proposed to be graded in 3 distinct phases, (each phase being restored before thenext phase occurs), the Planning Staff feels phasing of mass grading should be used in Bluffs West Third as well. The developer has submitted information indicating that only an area for 50 lots will be graded the first year, but gives • no indication for phasing subsequent to that. Because • of the sloped nature of this site , including a 10% slope al- • most a quarter of mile in length, the potential for erosion with sandy soils is extremely high . Since C any water born erosion will ultimately end up in the I ,^ City storm sewer system-City park area-Purgatory Creek- and Minnesota River, maximum erosion protection and phas- ing of grading are essential. 2. Street grades. Two of the central streets are shown with 84% slopes occurring for over 800 feet. This should be revised to a grade of not more than 74%. In addition, there is a central cut-de-sac near the east/west through road which has a very steep grade and the cul-de-sac should be continued through to the major road • to facilitate less of a grade , one less cul-de-sac, and easier snow removal. • i :kN • 3. Relationship of ropes to lots. There are 2'bands of lots running along the face of the ma or slope which includes 3:1 slopes. 100-2nn' in length. The upper tier'of lets drain directly down on lots upon the lower tier. It is critical tnat the 3:1 slopes be revegetated as a part of the overall plan t rather than done on a piecemeal grading basis , lot by lot. The potential for a lower neighbor having his backyard constantly eroded and covered with soil from upper lots is high. As part of this concern, a drainage plan should be submitted prior to t;: ' final plat approval which illustrates that drainage will clearly be carried around homes and that where common lot line drainage is required, that the overall grading is done so that overland drainane is not interruited by indiyi4.41„lot Owners• 3. • • f Staff Report-Bluffs West•Third -5- Aug. 7, 1979 PEDESTRIAN WAYS & PARKS A 5 foot wide, 5 inch deep, sidewalk along both sides of the major east/west road will be required as a pedestrian spine of the Bluffs West Second and Third Additions. In addition, in the Bluffs West Third, as depicted on the street drainage and grading plan, there are two 6 foot wide bituminous pathways included in outlots which lead directly to the City neighborhood park. Also indicated on the drawing . is•a two acre totlot occcurring on the very western..porti.on..af..the . .. . - _- Third Addition plat. The totlot is to be graded, seeded, and improved as required by the Parks, Recreation and Natural Resources Commission as a part of the development approval. Also as part of the park obligation of the developer, the cash park fee • on each lot shall be paid at time of building permit issuance. • TRANSPORTATION C As mentioned previously in the report, the road systems in the area are sufficient to handle the number of units now proposed in the Bluffs. • Sidewalks & minor neighborhood • streets will function as a bikeway and pedestrian way for the development. • ORDINANCE REQUIREMENTS Ordinance 135 requirements for R1-13.5 District density is 2 units/acre maximum. . The proponent has applied under the PUD provision (allows City to waive various requirements of Ord. 135 in order to encourage better development). As part of this PUD process, the density transfer based upon 2 units/acre which includes dedication of 16 acres of neighborhood park and storm water storage area and a 2 acre totlot is- utilized. Since the.gross density of 2 units/acre is consolidated on a net density smaller area , waivers for minimum lot size. sideyard setback and minimum frontages will be required. The lot sizes range from 8,000-33,000 square feet. Lot frontages on cul-de-sacs should not be less than 50 feet, and in no case should more than 3 driveways front on the radius area of a cul-de-sac. This will help facilitate good snow storage and allow some on street parking. • • • • Staff Report-Bluffs West Third -6- Aug. 7, 1979 • Minimum lot frontage on the through streets in the development are proposed at 68 feet to over 100 feet. The smaller lot sizes and frontages are located in two general areas:within Block 1 (directly adjacent to the park/storm water area) , and in Block 7 ( adjacent to 400' buffer strip and 2 acre totlot). • EXTERIOR IMPACTS'' The project has been revised to take lotting areas completely.out of the . .. existing and proposed Airport "A" and "B" Zones. However, within the past two months there was a plate crash within the proposed populated area of the Bluffs West Third Addition. Although it is possible for plane accidents to occur anyplace within the City, it is the right of the potential property owners in the area to be aware of the proximity of airport both from a noise and safety standpoint In the original staff report there was a concern that there could be a • potential fire hazard and methane gas hazard created by B.F.I. Landfill. The proponent has indicated a 400 feet buffer space from the approximate ' 'edge of the fill area to the back lot lines of the homes. If methane monitoring wells were installed at the edge of the fill and at the eastern edge of the buffer area, safety of the residents of the area could be assured. An easement for a high pressure gas line through the area was indicated in the original Third and Fourth Addtions plats, and is not indicated upon this plat. Since the easement can not be built upon without vacating easements and relocating the line, the proponent must site homes and lots so that construction over the easement is not required. • FINDINGS AND CONCLUSIONS • The Planning Staff summarizes below the following major findings and conclusions regarding the Bluffs West Third Addition: 1. Bluffs West Third Addition has been revised from 168.5 acres and 640 units to 84 acres and 166 units, consistent with the 1979 Guide Plan& the Flying Cloud "A" and "B" Zones. 2. The PUD request is a density transfer from 16 acres of storm water holding area and neighborhood park, and a 2 acre totlot, at a maximum 2 units/acre gross density to a net acreage of - approximately 66 acres for 166 units for a total net density of 2.5 units/acre. As part of this PUD request , the deve,aper is also requesting variance from minimum lot size, minimum frontage and sideyard setbacks(50% to use 5,104 sideyard setbacks). ?O -V • Staff Report-Bluffs West Third -7- Aug. 7, 1979 Findings and Conclusions, continued 3. Mass grading of the entire Bluffs West Third Addition has potential for wind and water erosion if not phased. 4. The short central cul-de-sac occurring on the southern portion' is not necessary and should be connected as a through road. 5. This project will be covered by the Cash Park Fee Ordinance. RECOMMENDATIONS The Planning Staff recommends approval of the PUO, preliminary plat and rezoning from Rural to RI-13.5 with variances subject to compliance with the following items: 1. The grading for Bluffs West Third Addition shall be phased in 3 similar sized phases, each phase to be restored prior to commencement of the next phase. . 2. The grades of the streets shall not exceed 7 . 3. The short southern cul-de-sac , ajdacent to the east/west through road, should be connected to "H" street . • 4. Cul-de-sac frontages shall be no less than 50 feet. 5. There shall be no more than 3 driveways exiting onto the radius area of any cul-de-sac. 6. As indicated upon the plan , the developer shall install a 5 foot wide concrete sidewalk on both sides of the east/ west through street, the entire length of the Bluffs West Second and Third Additions. In addition, the developer shall construct six foot wide bituminous pathways in the outlots leading to the neighborhood park area. • Zi,3 • • • ' • Staff Report-Bluffs West.Third -8- Aug. 7, 1979 7. The developer shall dedicate and improve the 2 acre totlot according to specifications outlined by the Community Services Staff. • 8. The developer shall convey to the City the 16 acres • indicated as neighborhood park Third Addition, free and clear of any and all assessments immediately upon filing of the final plat. 9. The lots shall pay cash park fee applicable at the time of building permit issuance, 10. As part of the overall grading of the site, the developer shall establish vegetation on all slopes which are 3:1 or greater and assure that all common drainage swales are preserved as a part of building construction. As a part of this requirement, the developer shall submit to the City Engineering Department • prior to final plat approval, a final development plan which clearly illustrates positive drainage around each home. ' 11. As part of any sales effort for units, the developer shall place at the entry to the development a sign which clearly illustrates the proximity of this development to : 1. Flying i : Cloud Airport 1/2 mile, 2. B.F.I. Landfill 500 feet. • I ..,. Sales literature which depicts the subdivision area, must also indicate the proximity of the airport and landfill. 12. As fee owner and required co-signer of the agreement, B.F.I. must agree to submit a plan acceptable to the City, Hennepin County and the Pollution Control Agency, which will clearly defines methane gas monitoring wells to be installed prior • ' to occupancy of any homes in the Third Addition. Monitoring to be conducted by B.F.I. and review of information by • Hennepin County and the PCA. In the event levels of methane gas are detected, which in the opinion of Hennepin County and PCA could constitute a potential hazard to residents inihe area, BFI shall immediately take action to alleviate the situation. 13. The proponent shall work with the City of Eden Prairie to develop the storm water ponding plan which will accommodate 38 acre feet of water storage for this and other developments in the area. Since the neighborhood park must be graded prior to any significant development of hard surface area, within the subdivision which will increase the amount of water runoff and make work in the lower area difficult, the developer must agree to develop joint grading plans .and schedules with the City. 211111 • • • • PP Staff Report-Bluffs West Third -9- Aug. 9, 1979 4_ 14. The east/west through street shall be constructed no less than 32 feet in width, back of curb to back of curb, in final section as required by the City Engineering Depattent. 15. Developer must submit development and grading plans to the Riley/Purgatory Creek Watershed District for review and. approval, and meet all conditions and requirements as outlined by the :watershed district. • • CE:jj • • • • C , • t� deve[opment corporation r 1 July 30, 1979 • • City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Mn. 55344 • Re: Phasing plan for Bluffs West 3rd Addition If the city approves the 3rd Addition plan we will prepare the necessary document for final plat, engineering and watershed district submission. These steps are necessary to begin site work this fall. If all agencies approve the plans and specifications,site grading would j begin late in September, 1979. Utility construction would follow in • early October through November. This schedule allows the street base to go through the freeze/thaw cycle before curb/gutter and blacktopping in the spring of 1980. Of equal importance is the availability of hui»irg • • sites to enable the construction crews to work throughout the winter. Home occupancy would be in the spring of 1980 if this schedule is achieved. • The exact size of the first phase construction will not be determined until the final grading plans are prepared, however about 50 lots or roughly 1/3 of the site is proposed for fall 1979 construction. These lots will be • along the east/west collector and adjacent to the city park. This start— ing location works well due to site earth work balance, existing streets and utility availability. The grading for the 3rd Addition will be coordinated with the 80 lot Bluffs West Second Addition site for Orrin Thompson Homes. The 3rd Addition lots are being prepared for Dreyfus Interstate Construction, the home building subsudary of Lehner Corporation. Dreyfus provides homes from the high $50,000 to $80,000 range. The strength of this price market is evidenced by the rapid sales in Prairie East 6th Addition, a 52 lot subdivision on the corner of Franlo and Co. Rd. 1. Dreyfus needs lots 12750 PIONEER TRAIL,EDEN PRAIRIE MINNESOTA 55343(6I2)941-4383 turf. • • • • • for this fell). and winter to coott to p ovidixrg homes in the aouthwedt ff metropolitan market. {I y hope that thin brief =Gary of our t1ith a movides a clearer picture of car Armes project. 8ize:terra-14rt 4. Btad sieve opmeat Corparat - • • • • • It r • • 2'441i 0.° • • • • % fill • development orporatai®E • July 12, 1979 City of Eden Prairie : Plannin;.Commission 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 • . Re: Revised R11+ffe West 3rd Addition Ladies and Gentlemen: Our revised Bluffs West 3rd Addition site plans dated dune 25, 1979 • illustrate changes to our previously submitted M,+rfs West 3rd& 4th Additions PUB, rezoning and preliminary plat application. • We have revised the plan based upon input from the city staff, pi am ing commission and city council. The site is 84 acres, of which 16.5 acres are proposed for dedication to the city as neighborhood park. This lend dedication to the city is provided with the understanding that assessments i `= and park development costs are to be paid by the city using cash park fees provided in this area. The 166 single family homes will paay cash park fees to support the develozanent of the park. This approach is the same as proposed with the Bluffs West 2nd Addition. A 2 acre tot lot is also proposed with construction of the park completed by the developer. Most of the information about the site is the same as Jnoluded in the 3rd & 4th application. The changes pertain to the size of the project and the land use. We have changed-the land use to single family detached lots at 1.9e units/acre based upon the revised City Comprehensive Guide Plana which now illustrates 2 unit/acre density for this area. '174- Ap 12750 PIONEER TRAIL,EDEN PRAIRIE.MINNESOTA 55343 4612)941-+ 3 1y,. • The lot size and site design attempt to meet the titre Taunting standards• thereby reducing the need for cul-de-sac streets. • The following is a statistical summary of ffirofts West 3rd Addition. Total units 166 Total gross acres 84 Total. developed acres 65.5 • -Lots under 90 frontage 83 5 , m -Lots less than 13,500 sq. ft. 90 -Lots requiring aide yard ' set beak variance to 80 eh 5 5' garage and 10' one story "`• ' home 15' 1* story • -smallest lot I ..avverage lot size 13,950 sq. ft. • ...1;rorts density 1.98.unitsfacrs - ..net density on 65.5 2.53 unite/acre ••developed acres The revised 3rd Addition plan avoid,the of e , $ '„ j. • zones of Flying Cloud Airport and maintains a xital=4ctt'.se't. satdk + . to property lines of adjacent homes. We ask that the city give favorable consideration to our request for 1d@,, rescuing to U1-13.5 and preliminary plat approval to!.t'he s West 3rd AtlAafilori. { Sticerely, 441/iiikewid„ .• Richard A. Putnam ~.� Busted Development Corporation . • tl` srt. • • • FLYING CLOUD ADVISORY COMMISSION OF EDEN PRAIRIE The meeting was called to order by Chairwoman Sally Brown at 6:30 p.m. on May 15, 1979. Members present: Sally Brown, Les Lewis, Tom Faranda, Claude Schmidt, Bill Gilk, and Chris Enger of the City of Eden Prairie. Chris Enger presented the proposed plans for Bluffs West third and fourth additions and their relationship to the Airport "A" & "B" Zones for the proposed runway extension (27L - 9R1. Motion was made by Tom Faranda that: the Flying Cloud Airport • Advisory Commission finds that portion of the Bluffs West third and fourth additions are within the existing and proposed airport "A" & "B" Zones. Therefore, the commission.recommends to the City Council that adherence to the state aia.aw4L zoning: act be upheld. We believe that this is consistent with the • comprehensive guide plan and is in the best interests of the city of Eden Prairie. We are making this recommendation hoping to reduce or eliminate potential resident problems due to air traffic noise. • Motion wits seconded and passed. Motion was made by Tom Faranda that: The Eden Prairie Flying Cloud Advisory Commission recommend to the Eden Prairie City ncil and the Metropolitan Airport Commission that MAC be given the opportunity to purchase land within the "A" & "B" zones on the east and west ends. The action will permit a buffer zone between the airport and the residential areas and will rer1ieo future potential problems. We further recommend that MAC work with the City of Eden Prairie to develop this property,to the best • mutual interests of the airport and the residents of Eden Prairie. Motion was seconded and passed. The next Commission meeting was scheduled for June 6, 1979. • The meeting was adjourned. Respectfully submitted, Bill Gilk, • Secretary • • 212 ADVISORY COMMISSION INTERIM PRESENTATION TO CITY AND SCHOOL • EDEN PRAIRIE AUG 21 and SEPT. 6, 1979 I PART I Need for 212 - No build is an option 1. Need for 212 in Eden Prairie A. Accident rate in EP on 5 and 169 handled by EP police 467 from January 1977 - March 1979, 27 mo. 9 fatalities 52 from January 1979 - March 1979 B. Public Safety time and cost Average 3 hrs/ accident not counting court time and paper work - up to 150 hours on one accident • Possibly one full time officer equivalent on 5/169 C. Trucks and traffic snarls 32,000 vehicles/day on 5/169 in 1976 2. Need for 212 outstate A. West Central Minnesota (212 area only) produces approximately 25%of state's agricultural products. 34% of trips at South Dakota border in Twin Cities. B. In 1970, Highways 12, 7, 212, 19 considered - population, employment, friehgt, trip volume and building costs considered • with 212 chosen by state for up-grading. 411 C. Regional railroads have been and will be abondoned in area forcing freight onto trucks. PART II - Eden Prairie Routes - pros and cons so far- 1. Unique System 0 A. Cons 1. Wetlands - School Pond, Red Rock Lake wetlands, CPT pond 2. Affect Scenic Heights neighborhood • 3. Affect Middle School • 4. Complicated intersection with 494 B. Pros 1. Corridor has mostly been kept open - what we have releyed on for 11 years 2. Probably lowest land acquisition costs 3. Frees the largest stretch of Highway 5 for local use 4. Probably least loss of tax revenue 5. Keeps the 5/212 junction at the MCA 2. Highway 5/Residential II • A. Cons 1. Removes neighborhood and tax base 2. Takes High School track and football field even though replaced 3. Near Middle School 4. Forces City to put in better road system in Mitchell Road to replace 5. • Page 2 111 B. Pros 1. Avoids N.S. pond, CPT pond and Red Rock 2. Less bridging than Industrial or System D 3. Cheaper 5/212 interchange 3. Highway 5/Industrial A. Cons 1. Enormous potential loss of tax revenue and jobs if firms do not relocate in Eden Prairie 2. High acquisition costs 3. Affects School Road neighborhood 4. City will need complementary road system • B. Pros 1. Saves neighborhood (doesn't want to be saved for this) 2. Saves H.S. pond, CPT pond and Red Rock 3. Less impact on School than Residential or System D 4. Highway 5/Mitchell A. Cons 1. High land acquisition cost and loss of tax revenue along Hwy 5 2. Severe impact on Immanuel Lutheran Church, Prairie Village Mall, Round Lake Estates, Luther Way and Heritage Park - all built with Unique System D 'official". 3. Difficult top at Kerber's hill- wetlands at Mitchell Lake and floodplain, wetlands at Rice Marsh Lake 4. Removes Highway 5 for local use B. Pros 1. In place ROW 2. Saves HS pond, neighborhood, no effect on Middle School 5. North Riley Cut Off A. Cons 1. Wetlands near Rice Marsh Lake and 2 ponds 2. not where anticipated B. Pros 1. Avoids Riley Lake and County 1 neighborhoods 2. Shorter and Straighter 3. Closer to 5 - relieves it more - probably better for our internal road system - Dell Road etc. 6. In Place 212 A. Cons 1. Tying 212 into 494 - destroy Lake Eden - need 40 acres in MCA 2. 7 wetlands, 2 parks in Eden Prairie 3. Removes 169 from local use 4. Can only use 1 mile of existing road way 5. Grade problems for trucks to climb hill 6. Present road so close to floodplain, Sometimes in floodplein, new land must be built in bluff - very sensitive 7. Will not take pressure off of 5 (see chart) lgin�. Page 3 7. Comparative Construction cyst in Eden Prairie 1. Unique System D 43 mil add 5 if brIdge MS pond 2. 5/Residential 45 mil 3. Hwy 5 Industrial 45 mil 4. Hwy 5 iwlitchell 38 nil S. In peace 212 Note - construction savings woald probably be negated by"land acquisition costs of Mitchell and Residential • PART III - Effect on Chanhassen 212 could enter Chanhassen either North or South of Riley. Lake I. Sdutheru route favored as it castles less severai,4e of common route •k Oftd citizens could get onto 212 faster with Northern rpu e . • ( ^}jA 13f� .. F PISCII • July 25, 1979 Eden Prairie City Council Eden Prairie Plpnning Commission City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Attn: Mr. Chris Enger Ladies and Gentlemen: 411 The Preserve is pleased to submit for your consideration the Preliminary Plat of Preserve Center 2nd Addition. In response to the submission re- quirements we submit the following information: Specific Plan Requirements 1. Ownership. The land is owned in fee title by The Preserve. • 2. Developer. The Preserve will develop the land subject to City specifications and approval. • 3. Fiscal, Economic. The Preserve will finance the development . internally. All trunk utilities have been installed and assessed. 4. Development Method. The Preserve will develop the double lots for resale to builders and/or prospective home owners. 5. Boundaries. See attached exhibits, 6. Project Area& Surrounding Ownership. The project is the replat of Lot 1, Block 1 of the approved Preserve Center Addition and in bounded of the North by Anderson Lakes Parkway on the west by the recently approved Lake Heights addition of Universal Land, an the south by land reserved for the Preserve Homeowners Association, and on the east by Lot 2, Block 1, Preserve Center Addition which has P.U.D. 70-3 approval for multiple use and is under the Preserve ownership. _ tL'1 f - . . a .• ..•. ac a+Rs.•.c4Ra.u.Afit'Va$tM, - 7. Regional Relationship. No significant impact. 8. Existing Land Use. The land is currently fallow but was used for farming up to 1970. There are some scattered Oak and Elm trees along the eastern boundry line. 9. Existing Transportation Systems. There is no existing improved system on the site. Preserve Boulevard right of way thru the site was approved earlier this year. 10. Existing Zoning. The land is zoned RM 6.5. Preliminary Plat approval of Preserve Blvd. thru the site has already been given. 11. City Guide Plan Framework. Multi family residential. • 12. Critical Public Decision. Plat approval. 13. Additional Project Information. The development of this parcel was reviewed and approved in The Preserve Final Environmental Impact Statement prepared by the United States Department of Housing and Urban Development. Site Area Analysis: 1. Development Objectives. This project is intended to be a high caliber single family attached residential development. Individual buyers may choose to subdivide the lots at their option. 2. Site Plan. As per attached exhibits. 3. Grading. As per attached exhibits. 4. Utility Plan. As per attached exhibits. 5. Preliminary Architectural Drawings. Not applicable. 6. Legal Instruments for Plan Implementation. The project will be part of The Preserve Association and will be subject to the same euvena►dd and restrictions as the rest of the Preserve. No port of ow p.n.i). 7o-3 park requirrrnurut:r lie within tilt• pint. Outlot A will be deeded to The Preserve Association. 7. Housing or Land/Building Use Profile. Not applicable. 8. Variations from City Ordinances. None requested from Ort nflce 135.. 9. Phasing and Construction Schedule. Development construction iS planned for 1979. :1 • • If you wish additional information or exhibits please contact. • • • Respectfully eu'bmitted, Vice Vitesiderit Eiieg • • • • fid • • • • . ...t , • ) / ,,o$, • -.t7'..•:: 5 --,../.,.. /- /4 ,...., ,,,v.r.....e : / tt i -• -.--., q � d a• • _ ;:, Y, is 1. " g 1 ,P l' L ..., , sa •z �" ! 1' /Y f^— M fit' + ) 1 X 0 I 1 1 i I 1 . k\V . ':.:I:" ' l' I i 1 I / ija,\ i 1\., ' `I i / / *1\ g ,, � • ./: 1m x a • 7 1 . (:11¢,/ 1r' i :;, EXISTING• CONDITIONS _ •. w . ,.... *yprwa,�� ' i. M a 6 ruaur[cearza sap Ann. y.%w.:'�"' Jame✓ ! ,' is ; ;1.. THE PRESERVE .: , , ', ,.. I'I.ANNING A-MIl GL'LLIIIY�"x cc1 L!-1% 4 .v. .. ...• .. t s-4.y .q 1a.4t%lb I ,}%IV 11 R 141 �MAkl.Y d.s 44a' . ,yam .T".-'.'.^'- ...�� TL. .. I -:, • • I • ,, �r 1 \.d \ N• ..› \,-7.404r ,,•' , ); -•-.. or 1 `` ( ' '" i : III ' il .I . 1 s alga O 9 � . , = Z y ; ` + l 1 �1 .KI 1 ; • + }11 1 4.,.Z. \ R i g 1fi x. s Z�^ ` • U . ' S i P 0• \ N 4 coca, j irm' 1r c: PRELIMINARY PLAT - :� f ames R.Hill ,n x+� Z ,Y 11+Ct[11YE CENTQ*VW ADO. �...+ "'� 52 „ 14 +u.1.11.11.�.+. PLANK NE AND E[yGIn �ERING CONSULT Tar PRESERVE •.*... • • 1+x1a�-try xu.ulw l•.•4r.%1t111 ..•a�••• &+11D Hi NIX tilt•1111d,43t7lNN14�.9\ririsGG7l.YK.Sl1%1 • • • 7Lt i.S r N �a / r ') \\<,.e .0, " I; i t . • 1 . � 1!I try � r .h e - ki •I fo. '� 1 w-D Imo•. ii - y , r li A Is.% A A S is £q 2 t tz , ] $ i a bii N t !.' ti' t ii . vt . i1t ! ( ) ) ( ',.::::::::', M -. t r i r ^ + t1 D i s o g $ : 4; t ` F 4 F a P L su ✓ .4 A '''' 'g Z s Y s a 30 1 ...i ck ��, ,.ttti �: 1` W 0 ' -� � s •It- UTILITY & GRADING !an-esR Hill u a.Y c r J J-. I/MACAW •CFwtCU too ADD. 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Ct _ iII I ` } ; • . t `' S s IP' Pi 4 �/ V q• y a y.. i mot 1\'t CSat m df� STAFF REPORT 11/ TO: Planning Commission FROM: Jean Johnson,Assistant Planner THROUGH: Chris Enger, Planning Director DATE: August 2, 1979 PROJECT: PRESERVE CENTER 2ND ADDITION PLAT PROPONENT: —*The Preserve LOCATION: South of Anderson Lakes Parkway and East & West of Preserve Boulevard REQUEST: Preliminary plat approval of 5 acres zoned RM 6.5. for 8 duplex lots (total of 16 units) BACKGROUND • In 1968 the City's Guide Plan depicted this area as single family detached. • In 1970 The Preserve PUD depicted this site as low-medium density single family. SIn 1972 the 5 acre site was rezoned to RM 6.5 with approval given to Jonathan Housing Corporation to construct 30 townhouses which were to be called "Greenward Townhouses". (Building permits were never applied for) The 1979 Comprehensive Guide Plan depicts the site as residential medium density. In July, 1979 The Preserve received platting approval of•this site into two lots in order to facilitate the placement of Preserve Boulevard to Neill Woods. �i9 Windslope .. ' • .��`. �/ ,' 11�✓Ike� �� ", !�.'�/ Fraser omuh 8 -�-{ - i *� 251 V9--'$* I t U'!in'v'v ear l ; ...M RM. a P7'1-" . .MUl.LQM f �,.,,,, P 1 3_f 1 ..n.: + h µ: K, , r , - avant "Sr "a" �i _ ��� i:'•� toss. „,,..i.,► .� . .... . , v ;, __ �i Res.M PRES ^ ` � Lake Addition . )�� �, ' Addition Ar 235 I.2 PRJ4• � . ♦iZ..,'. ::°' Nei Wood P- { r I I I 1 )... f .Iaaalasia1 • • • • • Staff Report-Preserve Center 2nd Add.Plat -2- Aug. 2 , 1979 • EXISTING SITE CHARACTER Soils • As depicted on the application material, the site consists majoritably of Peaty Much and Peaty Much over Loam. These soils require drainage for foundation construction in addition to removal of organic material and • • refilling of suitable soil types. If the depth of organic material is such that it will be impractical to remove, the danger of waterline and • sewerline breakage is possible. . The Planning Staff recommends the developer submit soil borings to the City Engineer if requested and have all development plans subject to the City Engineer's review and approval. • Topography / Grading The lots east of proposed Preserve Boulevard rise gently from the street (816') to approximately 820'. The one lot west of Preserve Boulevard is • flat and has its building pad at the 815 contour. Very little grading will be required due to existing topography, but excavation of poor soils and backfilling with coarse granular soils will be necessary. . Vegetation • Large oak and elm trees are located along the eastern and southern • borders of the site. Some elms show symtoms of dutch elm disease and have been marked by City Tree Inspectors. Tall marsh grasses and weeds cover the remainder of the site giving evidence of the lowland nature of the area. ORDINANCE REQUIREMENTS • RM 6.5 District • Minimum lot size 13,000 sq.ft. Front yard setback 30 ft Min.lot depth 100 ft. Side yard setback 10:25 ft Min.lot width ' 90 ft. Rear yard setback 20 ft Maximum floor area ratio: 20%1 story , 40%multiple story Maximum height of structure 30 ft _ Lots 1-6,Block 1, meet the above ordinance requirements. Lot 1, Block 2, 88feet deep x 400+feet wide, does not meet the minimum lot depth of 100 feet and the front and rear setbacks(30-20'), The Preserve intends to acquire additional land to the west of Lot 1, Block 2, facilitating platting of the area without variances, and will • not request any building permits upon Lot'1, Block 2, until it can be platted without variances. �, •,`. • 1 r ir Staff Report-Preserve Center 2nd Plat -3- Aug. 2. 1979 Ordinance Requirements, continued • Parking Parking Ordinance 141 requires units within the RM 6.5 District to have a minimum of two parking spaces with one being enclosed. I Although building types and garages are not depicted , the staff • assumes all building upon the site will conform to ordinance requirements. TRANSPORTATION All lots will access to Preserve Boulevard. Preserve Boulevard will have • 50 foot right-of-way with a 28 foot surface. Preserve Boulevard , south of Anderson Lakes Parkway, will also serve the 26 homes approved in the , • subdivision•of Neill Woods. Future extension of Preserve Boulevard south'will connect it with Sunnybrook Road and ultimately across Purgatory Creek to County Road #1 across from • Homeward Hills Road. This extension south will occur as developments ,W 411 are approved . • ENVIRONMENTAL ASSESSMENT WORKSHEET / E.I.S. As noted in the application material, this area is covered by an approved • Environmental Impact Statement prepared by The Preserve. FINDINGS AND CONCLUSIONS: 1.The request to preliminary plat 7 duplex lots for 14 units upon the 5 acre site zoned RM 6.5 is consistent with Preserve PUD and the City's 1979 • Comprehensive Guide Plan; and does not exceed the number of units previously approved under the Greeward Townhouses proposal. 2.The site is composed of poor soils requiring considerable expense to excavate and fill will coarse granular material. Said site development plans should be submitted to the City Engineer and Watershed District for review and approval. 3. No building permits shall be applied for by developer upon Lot 1, Block 2, until the lot can be built upon without variances granted. IL RECOMMENDATIONS The Planning Staff would recommend approval of the preliminary plat based upon the findings and conclusions of this report. The Planning Commission at their Aug.13, 1979 Meeting JJ:jj recommended approval of the Preserve Center 2nd Addition Plat as per staff report of Aug. 2, 1979. (5-0) • ' 7/24/79 • ORDINANCE NO. 79-15 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 l. . Title. This ordinance shall be known as the: "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 im- perative 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 structures that public office not be used for personal gain; and that the public have confidence in the integrity of its govern- . ment. In recognition of these goals the City Council has adopted Resolution Number79-135 encouraging public disclosure by public officials, employees and persons who are candidates for City offices or under consideration for appointment to, ILor employment in, such positions, of certain financial and , business interests, reasons for abstention from voting in matters and campaign contributions relating to the City or City offices. To further achieve these goals there • • is hereby established a Code of Ethics for 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- ILment, unless such person has done so pursuant to Subdivision 1 or 2 hereof. • 1 . • • • • • • 10 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 6. 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. S Section 6. Effective Date. The effective date of this Code • of Ethics shall be August 31, 1999. ?43t/ ...1:•..,,,7,"• --f--...•'•-•‘'.....-;.„-.--2.;;. -'..., •••••-•.•''2:'''. ..,-,,-,-::--,,-''''',. - . ..,' • . - •,• ' .' • •,.!.'''.-,-..„.-,,-J••-....?::::::-..:„.-,',.,,,...,-„,-,,,--•-....,;,'-::...,,,--,T,f:7 ..,:._-,,1-...:-,.....-•.;•,-.J,--,..:,,,,,,-,r,,.. . ''''„"' .7.. ,:•,''''',. ''3';•-•7'24.;•-';',.7,-:':-.2--17-:;:,;:if-::-.2..,;',,'••••1'-`,-... ....:;',...•.•;.-',--_,,,:,-* •.,,:-.-.,••- ---„:„.'- .';:7::::,"'"7:: ..;;,,,:','„•:::,:),,Ii.::',",',..::1...',,:-::`?Ef±...7:1:-.74:::,..,,,,,,,„F.4„..7::,.....,,,,,,'..7.F:,..:;:':::'.'..,.., '''''..' ' . : ' -.''''. ":";:- :.,',...,,.'..;':-...',....-.::,,,..:,;..:''''-f.,:,-'''..„---•••.:-;",-;;-",.-i••';:-.'.,- -- •,„:,-..`s:--'-'...;.-----:•-1::„''','-•-`,••-:-'•,,,:•''......-,..`-:,:"::=',i2•:,..-:.,-_-.,..„-„Li•.‹.„47i,...,,,:-..,:,,..,,,.....L...,L.-,,,,,,„,...:„,;„:,...,:,7..,-.4.,r,::::?;.•- • , . , •• , .::,-,.:•,..,..1-.._,...--r.--,,,.::.r....,,.."-.,.-,,,-...,--,---••„,...4-.::',::,-,-:•..%,., '-','''-','•.,:-..,•,..,:•,'..-•-• ...-...:-.,',....,'--....-..-----1'4'...‘';:,_--.':,,-;.":7..:''''7:%••,,,',,,' ' , .- ''''''.,-:'7.-q...'..--•'7f:•-•,':--"'''':''''..--:,'''• '-'''','.':',•-•,'4,--.',:' `,...... -. ._-'...--2 -,.....-1,''':.-4',..:,--.-,,7_,„7.-.2.-nt7.-. ' .:.' ::'‘ --''...'',..'''';':;'''''',“-r''....'',.-:' ..‘....•.'''.' "---7-' ."-,-::' '';''t''''''' ''''' ''''1".'''.:,'..-:',;,:.::,.:...1,:,:.,-.--;.„,,:,,...t.s.,,' ',-._.':.z-... " ' - ., - , , ..., • „..,„_-..., , „._.., , , ' -.. . .-.,: • ' -;' • --...:7!.. -",:- .., -., ",...-:..... ,,.,. ':• .... . FIRST READ at a regular meeting of the City Council ::9::: the day of , . ......:... "••;•••-.• '',,,•:-. ---;,-.‘: City of Eden Prairie on the at a l''''''''''':,• and finally read and adopted and ordered published .,- regular meeting of the City Council of said City on the day of ,I979. ... .:.•-:7 --•-":..; . Wolfgang R. Darvni* MaYqr .„, (SW4) - , . „ ...•--,,,, .,,, • , ,•-- . - _... ..... -:,'•..,",. .„.. • •;-...1::•'..,.. -,, ,., , 1.:7,•'": AT:ESTI . . . ._ '-•Ci.-. John D. Franc, City C3erk . ...-..-..- , ..., .., . ,,.. ..,. ::::,•:.:•:, -.... • . •,;',---:- .,..1 published in the Eden Prairie news on the ---.... .day at. • ,1979. • • -,:. , . . . , • ., • , 4 , . '• ...I ..,. ..... ... ...... • -..- - , .......:.,.:,.-,,,,..,,-,..,:-.-.7-'-'.;,-f,,,- , . ....... ....,.. _ ,,... ..,, ,.. , . ., ,..,_ - .... ..... • (� i _ _-_ , -- - J SOUTH HENNEPIN HUMAN SERVICES COUNCIL v EdmnAiko . AUG 13 Richfield • '���T August 10, 1979 Roger Ulstad. City Manager 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Roger: As you know, during the past year there has been much discussion and study at the state, county and local levels about the establishment of a CAA in h Suburban Hennepin County. On dune 5, 1979 the Hennepin County Board passed two resolutions regarding a suburban CAA: I 1. to approve in concept the establishment of a CAA; and 2. to direct the suburban Human Services Councils to develop a model { for the CAA and return it to the County Board for their approval early this fall. The Human Services Councils were further directed to seek participation of area human services agencies, community groups and low-income residents and also to seek municipal support for the model. A Task Force composed of persons representing the municipalities, Human Services Councils and representatives of the poor from the three suburban planning areas have been working to carry out the above directive. We have prepared the attached resolution to be presented to your City Council by August 20, 1979 or shortly thereafter. We are also including an informa- tion packet containing: 1. Mission Statement for CAA .:.::::., 2. Minnesota State Plan for Counties without CAA's 3. The Model that has been developed by the Task Force 4. Statement of Need • I will be contacting you by August 15, 1979 to find out when this resolution can be scheduled for presentation. A member of the Task Force could be - present at the meeting to answer any questions the Council might have. Sincerely, --------7 s-{72. Russ Stricker Executive Director . RS/jmd enclosures Arun Penn AvoneSouth • fiooc%100 • BtoomenptoAAPutnesoie55431 * ;NI81 ; Memo • To: Resident From: Roger K. Ulstad, City Manager Date: August 13. 1979 Subject: Home moved to locate at 7225 Tartan Curve • At a council meeting on Aug. 7, 1979,the Mayor and Council requested the City Attorney to review the matter to determine whether any laws have been violated by the movement of the house into the City, and if so, to take appropriate action to enforce the laws. The City Attorney reports the following: The Owner applied for a building permit to construct footings and foundation and a 2 car garage on Lot 5, Block 10, Hidden Ponds Second (7225 Tartan Curve) on Feb. 9, 1979. The application for building permit was in connection with a proposed movement of a house from Hopkins to Lot 5. Upon receipt of the application, Mr. Johnson conducted an inspection of the house and determined it would meet the ordinance criteria for its movement into Eden Prairie. 41 Thereafter, a building permit was issued for the foundation and garage on Feb. 22, 1979. Preparation for the footings were inspected by the City on March 5, 1979, and approval subject to certain instructions was given. The Owner's mover applied for a permit to move the house in accordance with Ord. 176 on July 31, 1979. The application was accompanied by the necessary fee, cash deposit, certificate of insurance and other documents in support of the application. The application indicates apparently erroneously that the move was to be completed on June 1, 1979. This apparently was intended to be Aug.l, 1979. While the application for the permit was in process of being reviewed, the applicant moved the house without actually receiving the permit on Aug.1,1979. The City Attorney has concluded on the basis of the foregoing facts that a technical violation of Ord. 176 may have occurred because the house was moved without the permit having actually been issued and the Building Inspector was not notified of the revised moving time required by the ordinance. Any violation is probably that of Dale Movers, Inc. which applied for the permit and moved the house. The City Attorney is of the further opinion, however, that even though the facts may present a reasonable basis upon which to charge the mover for a misdemeanor of violating Ord. 176, it is highly unlikely that the City could obtain a court order to require that the house be removed to its original C location. This is so because the application for the moving permit appears to be complete and regular, and the building permit has already been issued; the house meets the criteria under the ordinance; consequently, the City has no justifiable reason for which to deny issuance of the permit. . :..,,,.,...,,,,....,..,,,,,,,,•••,,,,,:„.„,•;„r„,,,,...:.,...,,,,..4::„.„....,...,,,,,.:,,,;,,„,....„....:,...i„.. .,,,,,7„.,:,,..:„...",,..„,,,:.::: ::",,4.....,;.„...7.,77.7.4..H.;.:„...::::•:;;:i..1.'4...',,,,,,....:,',''',::::'.: ..:,::::::::-.7:7.77.:7,:ii:::"1:13:.,„:=,•:;.+,.:. ..!.,,s'::::•:,;',..,f...'......,,,,':',F,",,,:•:;,,:',1„.:?;,:;;!...,....1....1;;:,:'7.::;!..i:,:::,•'.;.......i4",................,''.:::.;,.....„.!..",......,,:,::,,I.,',...,7,:, ....,..,.........:,,,,..:...:!.1;,,,;•,:. • • • • -2- On August 10th Walter Johnson of the inspection department met with Douglas Wartman (owner) to discuss ultimately what improvements will occur to the house located on Tartan Curve. The following is what was agreed upon: • 1. Add two (2) car garage to the south of his home, with face brick to match on the front and cedar sheathing on the other two sides. 2. Install a sliding door and deck on the east side. 3. Install a new black or dark gray asphalt shingle roof. • A. Extend fireplace chimney 2'0" above roof. ;. ..� 5. mint gable ands and overhang trim, he hasn't decided on the color, but will probably be something other than white. 6. Remove gutters. • • 7. Extensive landscaping, sodding. • The above information is supplied as requested by the property owners present at the council meeting of August 7, 1479. • P . • ME NORANDUM TO: Mayor and City Council TIiRU: „Roger K. Ulstad, City Manager PROM: Rob Lambert, Director of Community Services DATE: August 17, 1979 1 ._ • SUBJECT: Restrictions on Pilling of Wetlands 72- lit June of 1979, I sent the attached memorandum to the Mayor and Council tom, the Pair Your Information Packet, This areaorandum explains the Parks, Recreation and Natural Reauu,:a. Commission's concerti for some local control designed to protect fleedpiains and public. waters located within the City of less than 10 acres in size. The Parks, Recreation and Natural Resources Cnmm4gsion is aware that the DNR will designate areas as public waters down to I acre in size upon request. They are also aware of the grading ordinnnt^e requiring a pete4t to alter over 10% of a given piece of property. However, these actions can take place without notification of the Parks, Bfrvration and Natural • Resources Commission;and the Commission is concerned that v�sluablo natural resources may be lot without any of our elected or appointed officials ever being aware of it until it is too late. • The Parks, Recreation and Natural Ronources Commission is requesting the Council to authorize staff to study this concern and to provide recommendations on local ordinances designed to protect these small marshes and ponds. RL:md • • • • . .. •� ... , ... .. . �1 .. e t {y •�Y` six� • • • • • • 10 MEMORANDUM TO: Mayor and City Council • THRU: Bob Lambert. Director of Community Services • FROM: Parks, Recreation and Natural Resources Commission DATE: June 13. 1979 SUBJECT: Restrictions on Filling of Wetlands At the May 7, 1979 P:..rks, Recreation and Natural Resources Commission meeting,"' Rruell moved to direct staff to draft a statement for presentation to the Council expressing the Commission's concerns for preserving small sloughs or wetlands within the coamamity that are not presently protected by any ordinance. At the June 4, 1979 meeting, the Commission reviewed the language drafted by staff and approved the language with the additions suggested by Mr. Bruell. The Parks, Recreation and Natural Resources Commission presents the following statement to the City Council: • • The Parks, Recreation and Natural Resources Commission recognizes 4 that the City has existing ordinances that are designed to protect floodplains and public waters located within the jurisdiction of the • City greater than 10 acres in size and all rivers and streams having • a total drainage of 2 square miles or more within the City. The Commission also recognizes that the City may classify ponds and • streams of a smaller size so they would be within the jurisdiction of the Shoreland Management Ordinance. However, there are many small • ponds or wetlands of 1 acre to 10 acres in size that are valuable natural resources, but it may not be feasible to apply all of the restrictions of the Shoreland Management Ordinance to these smaller . ponds. The Commission requests the Council to consider an ordinanc that . 'would help insure the preservation of these wetlands. The main concern is to keep these wetlands from"being filled or drained because ponds and marshy areas, large or small, serve as holding basins for water to percolate into the underground water • reservoirs which then become a source of clean, clear, cool well water. These same areas aro as equally important for the evaporation and transpiration process which become the source of moisture that ultimately is returned to us as rain. Proper management of this typo of resource will help to lane++re that water stays economically available for the present and future. Thank you for your consideration. • • • • • MEMORANDUM • TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Roger K. Ulstad, City Manager • FROM: Bob Lambert, Director of Community Services DATE: August 17, 1979 SUBJECT: Topview Mini-Park • At the August 7, 1979 Council meeting, the staff was directed to contact the owners of the two remaining lots in Topview that have been proposed as the mini-park site. Staff has contacted Mr. Thomas Miller, present owner of the remaining lots. Mr. Miller provided with information as to the amount of money he has invested in those two lots to date. We have confirmed those costs with the previous owner, Mr. Wally Ball, the costs provided are as follows: 1. March 1, 1979 purchase agreement was $30,000 for the two lots. (original cost $22,924 plus $7,076 in assessments) • 2. Soil test $535.00. 3. Fill $600.000. 4. Survey $300.00. 5. Architect $616.00. 6. Mortgage at Minnesota Federal $540.00. 7. Plan Check Fees $75.00. • 8. Miscellaneous Charges $300.00. 9. Interest and appreciation for 6 months $1,800.00. Total investment to date $34,766.00. Mr. Miller feels his time and energy and investment is worth a minimal profit of $5,240. He is willing to sell the City the two lots for $40,000. Mr. MIIler has also indicated that the $40,000 figure is the lowest price that he will accept for those two lots. The residents of Topview have been requesting a park to serve their neighborhood IL for many years. On July 30, 1979, the residents of Topview submitteJ a petition listing all of the reasons for the request that the City purchase these two lots. . • . . . , : • • • .2. Hindsight is always 20/20 and it seems obvious at this point and time that the City should have purchased the five lots for a park to serve this area. However, whenever the City looked seriously at acquiring property for a Topview Park, there simply wasn't funding available. The proposal to buy the five lots was contingent upon a bond referendum passing in 197S. bond referendum failed and the lots were never purchased. Mr. Sall hold off selling any of those lots until 1977; these are the rosining two lets. City staff has investigated possibilities of parkland at the Jerrold Miller site, also in Outlet 1 adjacent to Valley View Road and, of course, tots 14 and IS on Gerard Drive presently owned by Thomas Miller. After reviesdWag elI of these possibilities, the City staff agrees with the residents of Topview that Lets 14 and IS should be acquired for a mini-park to serve the Topview neighborhood. These two its will require some fill and some grading and milltrovide a Inaction for a mini rink. Also an area for the playground on eels to • operate. There should be minimal development costs as the residents are nut seegosling any expansive facilities. „. . , Staff reremmemts acquisition of Lots 14 and 1S on Gerard Drive or the price -;" of $40,000, to be funded through cash park fees. Staff further recommends, . that devolopuent costs for this mini-park be included in the proposed bond- - referendum. 41; SL:md • /11 ' • • • . . ,2q41./1 • ••..UNAPPROVED MINUTES ) t EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Monday, August 6, 1979 • 7:30 P.M., City Hall COMMISSION MEMBERS PRESENT: Richard Anderson, Chairperson; David Anderson, Robert Johnson, Robert Kruell, George Tangen, Larry VanMeter COMMISSION MEMBERS ABSENT: Steve Fifield COMMISSION STAFF PRESENT: Sandy Werts, Recreation Supervisor OTHERS PRESENT: Mr. Donald Gild, Mr. Gil Darkenwald, Mr. Bruce I • Knutson, Edward and Sue King, Chris Hooker, Judy and.David Ekback, Vicki Koenig, Sandra Tebelius, Joyce Lieneman Jan Beauleiu, Margaret Burnsten, Sandy Johnson, Carol Dungan, Jeanne Cutshall, Kathy Mohrenweiser, Neile Hede, Judy McBride, Dottie and Paul Danicich, Sylvia Verkuilen, Mary Lindsey, • Mr. and Mrs. Thomas Miller, Mr. and Mrs. Louis • Fisher, Mr. and Mrs. John Reedy, Mr. and Mrs. Tony Moser, W.M. Verkuilen, Bette Anderson, James Petersen, Robert R. Grant, Liz Anderson, Karen Oswald, Karen Hanson, Barbara Kaerwer, - • • Jerrold T. Miller, Mr. and Mrs. Joel Agrimson, • Al Dybiec, E.P. Sun; Dick Dahl, E.P. News • I. ROLL CALL The meeting was called to order at 7:35 by Chairperson Richard Anderson. II. APPROVAL OF AGENDA . Additions: V.A.1. Purgatory Creek - Kruell V.A.2. Round Lake Beach - R. Anderson VI. D. Milkovich Counter Offer - Werts VII.B. Conflict of Interest - Kruell • MOTION: Dave Anderson moved to approve the agenda with the additions; seconded by Kruell, the motion passed unanimously. • III. MINUTES OF JULY 16, 1979 •.... , Changes: Page 4, Paragraph 2, delete third sentence. • ,; NOTION: Dave Anderson moved to approve the minutes as revised; Kruell seconded, and the motion passed unanimously. V. •PETITIONS, REQUESTS AND COMMUNICATIONS : . • • A. Topview tdeighhorhood Petition John Reedy, 72u2 Gerard, represented the citizens from the Topview neighborhood h. who were present. He spoke to the need for a mini-park that would he easily accessible to the children, He briefly outlined the history, some of the possibilities, and reasons for the peed. He pointed out that there are •JWJ; - • Minutes - Parks, Recreation b Unapproved August 6, 1979 Natural Resources Commission -2- 5` between 140 and 150 children 'under 18 living in the neighborhood. Kruell noted that his neighborhood is in a very similar position, and he was sympathetic with their problem. Homeowners are paying now to retire the 1968 Park Bond debt, the neighborhood is geographically isolated from recreational facilities and there are many children who need nearby facilities. He suggested that if the citizens were willing to pay $325 per household, which is the same amount collected from new construction for parks, then it would be difficult for city officials to disregard their request. He also pointed out to those present that it would be a very good idea to have 'representation on the Park Bond Committee; and for all those present to ' offer their support of the Park Bond issue. Chris Hooker, 12738 Gordon Drive, noted that some residents of Toppview, including himself, were not notified of the action being taken by the neighbors. Re did not agree that the proposed park site would be suitable. He pointed out that it is under water much of the time, and collects drainage not �, only from the storm sewers but also from the freeway runoff. His property adjoins the proposed park site. Sandy Werts pointed out another possible location that had been brought to • her attention. Outlot One, connected to a city-owned parcel, and another lot, which,if purchased would give access from Topview Road. Barbara Kaerwer,12800 Gerard Drive, noted that the two-lot site on Gerard Drive proposed by the group would be especially desireable because it adjoins a public area, offering access through dedicated properties designated low density, nature study areas, potentially amounting to nearly 100 acres. .Dave Anderson asked if there was a dollar figure to work with yet. Is the property for sale and at what price? Tangen asked about the size of the lots, the topography, and the general suitability . Reedy replied that the lots totaled about two acres, and would require some fill. ' • Ed King, 7252 Gordon Drive, agreed, stating that some grading may improve the'drainage on the site. Carol Dungan, 12771 Vina Lane, told the Commission she had contacted the owner of-the lots, inquiring about the price. He told her he would sell the lots for $16,000'each, with utilities. Judy Ekback, 7255 Gerard Drive, stated that she lives adjacent to the two lots, and noted that they are under water much of the time, probably due to Freeway runoff. R. Anderson asked the group if any consideration had been given to Outlot One,and the reaction was negative. ales - Parks, Recreation & unapproved August 6, 1979 coral Resources Commission -3- Vicky Koenig, 7239 Topview Road, spoke in defense of Outlot One. She noted that although it is hilly, it is very desireable in terms of a natural setting, with large oak trees, etc. Jim Dungan, 12771 Vina Lane, noted that the Outlot One location would probably A be very expensive to develop into a neighborhood park. MOTION: Kruell moved to recommend that the Council direct the staff to study the suitability of the proposed lots ( 14 and 15, block one), and if they are satisfactory, to contact the owner for the acquisition price, and report the findings back to the Commission. Tangen seconded the motion. DISCUSSION: Bob Grant, 7203 Topview Road, asked if a hold could be put on the lots, to prevent their sale or development before the city call act. R. Anderson explained that this was not possible, and that the commission must adhere to certain procedures. An option cannot be obtained without Council approval, and the Council would require the staff investigation called • for in the motion before they could act on the acquisition. VOTE: The motion passed unanimously. B. Letter From the Eden Prairie Athletic Association • ,( ' Werts presented a letter from Ed King proposing the expansion of the athletic fields at Flying Cloud. Lambert contacted the Metropolitan Airport Commission to determine the feasibility of such a plan. Kruell asked why the playing fields should be located in one area rather than scattered throughout the community; and is this a means of obtaining land at a low cost? Ed King replied that the cost is minimal - only seeding and temporary backstops would be needed for development; and the centrally located fields are more convenient to parents with several children participating in programs. • MOTION: Tangen moved to recommend to the Council that they support the concept and direct staff to pursue the possibility of expanding _ the facilities at Flying Cloud Fields. Kruell seconded the motion. DISCUSSION: R. Anderson asked King if the lease (currently an annual lease) could be extended, ; King replied that they would only offer the. lease on an annual basis, but there is no reason to beleive that they would cancel it, unless there is misuse on the part of the users. VOTE: Motion carried unanimously. A ten minute break was called at 9:00 p.m. 2&tLII • r • . :.''...,•:,'''.: illiktie liucrr:a.tiuir a. Nuluiui -a - N1On.,u/dlY:r Resources Commission C • A. Development Proposals (continued) • • d. Mitchell Lake PUD- (Staff report previously • distributed, attached ore: Planning Commission _ • • action and composite staff report.) Vi. OLD BUSINESS • • A. i_idr-e for Citizen Input into Planning pond Issue Prcmposal for Reemeational Improvements. B.To ea*Area Mini-Park. VII. NEW BUSINESS VIII. ADI©URNMENT. Blew bond ssue moves,. •• Members of the Parks, Recreation and•.. Natural Resources Commission decided Monday • night to begin formulating priorities for a new bond proposal to be presented•to the voters. • Each commission member will draw up•an order of proposals for the Nov• 17 meeting and one issue certainly to be included le a •• proposed Topview Area mini-park. • The proposal calls for the acquisition of 5 lots in the Topview area for development of a neighborhood park. The park would in- elude a play area for small children, a free.skating area and a field game space. There would also be space available for a tennis court, but this is not part of the current proposal. • • The estimated cost of the Topview park is approximately $50,000 for both land ac quisition and development. The commission directed Marty dessert, city director of a • coomnunity services, to investigate possible means of funding. • Several Topview area residents were at the meeting to voice their support of the park. There was also some discussion of • the possible formation of a homeowners as- • Z 4(b ableetion to somehowpcontributeviewetosthe funding of the park. s ` -'71` . • • • TOPVIEW ACRES 2W0 ADDITION t 2. ��1 p9lis I tZ 1, f :_:ya:!n:�mkec. J. 1 ` } -I- Mn Miami t* moo IS Emrigc ae axaaed i xBroropefaIMdsa ot iitanao sat 3: �etx•«mr..a ...sham ( -....-.... .... \ 1 -4.4. 40..., a .. ' 1 ' .... IN. . ,...,, , • ' II ' , •l . ut. UT LOT t , w • 1—tTS _ . wy f et,.5:,p 0-8-77-? a - a s ..n N • wiliiiimp.rG 7/• of 'p �*, ( • lA'LANE, Qp,� �.' r•; ;ix ,,, ::-.,,- J Aail s Jet-re©T•4rt E'•p.N ...SQJ-c'76 ✓'-, • ,` ., k Port. or Cis,. , ��'• \ ' '�` ' >ti • • o. • to ` ..,,- ,I 1-4C{� 'r.PL'.0 .10 0. u t4 ' 211 ' '[} awes : . Pl w 6 (41 A • 0 1 wI t a K ,.• f 11 ti. 0 , + fin. R . i ru . ,`� /, - :•+L 1ga. + . ( 1 n. ,•-• '--1.r 1 w• n Z . . ..1 3l d •. ' L� a e a I I it. s, •+ V g I .: 6 set j t d i 3 6e! cr .Y• 1: '" V) !t • t . ...•n o \Ia 2E11'Y1 L . .r , • MDIORANDUM TO: Mayor and City Council THRU: Bob Lambert, Director of Community Services FRDM: Jim Jensen, Park Planner DATE: August 17, 1979 SUBJECT: Bid Summary for Matti-Use Court at the Preserve Neighborhood Park Specifications were sent out for construction of a multi-use hard surfaco court at the Presbrve Park. .0f the 16 sets of specifications sent to contractors, plus advertisement, only one bid was returned. Bituminous Roadways bid the following: Part I Subgrade $1,15* • Part II Asphalt $,SOU Part III Emulsion, Color Coats, 2,100 Lines Part IV StanAn ds, Backboards, 2,619 Hoops Total 10,360 The City has received authorization to spend up to $10,000 in Community Development Funds for construction of the multi-use court and several improvements around the warming house. The staff recommends that Part IV be dropped from the bid with the s!!7:stds, Z. backboards and hoops being installed by the park maintenance crews. This brings the total of the bid to $7,750. The staff anticipates a cost of a,rn+t $1,000 to complete the project if Part IV is deleted from the total 'bid, Bituminous Roadways has constructed satisfactorily the last 6 tennis . for the City. JJ:md • • �� Y • • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: August 17, 1979 SUBJECT: Riverview Springs In the past two years, mainly during the spring and summer months, there has been a great deal of problems with vandalism to pLoveLty and harassment of the residents living along Riverview Road in the Riverview Spring area. • I've requested a record of the criminal activities on Riverview Road from the summer of 1977 through this year. Mr. Hacking provided me with a record of activities reported whenever the person calling in gave their • name. He also informed me that this was approximately 10% of the calls received in that area because in the majority of the cases, the callers are afraid to leave their names. • rApparently Riverview Springs is a gathering spot for many teenagers and young adults, mainly from the Bloomington area. It is a gathering spot where often sevorl hundred youth will meet to smoke marijuana or drink beer, etc. Riverview Spring only offers parking for two or three cars at best, therefore the cars park along the road, often blocking the road and driveways in the area. Of course, they then trespass on adjacent properties and often vandalize fences and other improvements that have been completed on the property. Mr. Fransen, a resident adjacent to the spring, has demanded that the City take some action to alleviate the problem. Earlier this summer, the City had the water tested to see if the spring should • be closed, if the water quality was not safe. However, the water quality • proved to be well within accepted standards. Riverview Spring itself seems to be the main attraction of the kids that gather there. It has been suggested that this attractive nuisance should be closed and this might alleviate some of the problem. Chief Hacking has indicated that ho has some doubts as to how much this action will help. However, staff is at a loss for any other positive action the City can take to help alleviate the problem. • Staff should also indicate that there are quite a few people that use the spring 74 for their drinking water. The majority of the users seem to be elderly 411 residents of Bloomington. The staff recommendation is that the City close Riverview Springs to see if this does alleviate the problems faced by the residents in that area. BL:md 2(/32 h 1 August 15, 1979 • CRIMINAL ACTIVITIES ON RIVERVIEW ROAD DATE TIME ADDRESS ACTIVITY g-25-3 '230.1500 1Ek27.0 County Road 18 Theft of sail 9-30-77 unknown 9SD1 'Riverview Road Theft of mail F ' 8-24 -28-71I nightL9Me 103i5 Riverview Road Theft of mailbox i` 7 -13- 1 nighttime IO7O1 Riverview Road Damage to proper r -. 7-19-78 nighttime 1D315 Riverview Road Damage to propel ► 7.1,349 nighttime 10901 Riverview Road Damage to groper 7-13-�9 0120 hours 9901 Riverview Road • Damage to •property ?.78 • nighttime 10315 Riverview Road Theft from yard 8-1389.7g nighttime 9901 Rivervi• ew Road Damage to grope g.25.7'8 nighttime 10901 Riverview Road Damage to grope 8.30-78 2230 hours 10901 Riverview Road Damage• to property ' 12.14*78 2152 hours 10901 Riverview Road Damage to prtpert 5_13_yg nighttime 9901 Riverview Road Damage to property • • • • eF l))• p. • • Aug. 21, 1979 411 CITY Of EOEN PRAIRIE HENNEPIN COUNTY. MINNESOTA RESOLUTION NO. 79-156 RESOLUTION REQUESTING A LOWERING OF THE FLOODPCAIN ELEVATION ALONG PURGATORY CREEK SOUTH OF T.H. 5 WHEREAS the City Engineer after consultation with Barr Engineering Co. has determined that the floodplain contour elevation of 824 along Purga- tory Creek. from T:N. S south approximately 7,000' to an existing••60" :culvert . can be lowered to elevation-821 without any adverse effects upon the drain- age.profile and adjacent properties downstream therefrom, and WHEREAS the attached petition has been received from property owners of' lands within such present 824 floodplain.blevation'ieju $lr►g a lowering of said floodplain to 821. NOW. THEREFORE, BE IT RFsni,YED by the Eden Prairie City Council. as follows: 1. That the Riley-Purgatory Creek Board of Managers is herein requested to take the appropriate actions to effect a dii reduction in the designated floodplain elevation of 924 to 821 along said section of Purgatory Creek south of • T.H. 5. 2. That said reduction shall be contingent upon removal of said 60" culvert as directed by the City Engineer at the sole expense of the petitioners. • ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL • John O. Frane, Clerk MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad; City Manater FROM; Carl Jullie, City Engineer DATE: August 17, 1979 SUBJECT: Lowering Floodplain Elevation • Along Purgatory Creek South of T.H. 5 The attached pelition has been received from the owners of properties located wn and ad scent to the floodplainn area imaediately south of T.H. 6 along Turyatory Creek. The elevation adjustment would he from the It down to the 821 contour which would remove approximately 83 es:rao from.the fioOdplain designation. We have talked with Barr Engineering Co. regarding this lowering and they have advised us that the 80' culvert located on the Northrup King property can he-removed without any adverse impact downstream of the culvert. When floodplain profile was mapped downstream of the culvert, it was assumed that the culvert would someday be removed and the increased flows have 'b • planned for accordingly. In other words, the extra 83 acres of storage arm,. presently reserved upstream from the culvert and south of T.M. 5, is not necessary. crdingly, it is recommended that the City Council adapt Resolution 'No. requesting Riley-Purgatory Creek Watershed District to lower the floodplain designation from 824 to 821, contingent upon removal of the 50H culvert attexpense of the petitioners. CJJ:kh - Attachments i. 4 ': . . •„*--•' • --•,.7._..- • .' ...-• ,. . „:.• ' ' ' : ' . ,,,,,-,•.--- , .., .,,....._, „ z ,,, ,,„,,,•,,.• ..,...,.....:,,,„...: •,..: „,.: - ''''" ''.`-''-'•----.-,1-•-...'''''•,' 'r-- •','.=- • - ..- „ . .° "..,-....1,-,.....7,-,-:•-,--" ;-:-.., • , ..,- ...,....• .....„.•:.:,_•„...".: - ' " , ' ' , ' - '''' '''':--"'" ---'''''''''',,, ? '"?. ",' -- -' .;". _ ".."' -I...'.."."-•, -,..---...":-.,-.: ,„:7,-'•'--- "".7::.,--:-..:- „..":„' -„,-- 11: -,„1,, -.....7,: • . '''': .'-' -7*:".:'---- 7:-.2-'.7:."- :.„- ' '' :., ' • „ - ':7! . ., . - -" _ ...;.--. ,..- . , • ..- - • - , ... . „ .„ .„ . _ . . . . , .... • ''''''''..-...7 . . McCONIBS-KNUTSON ASSOCIATES, INC. El CONSULTING ENGINEERS•LAND AuRvE ., et SITE PLANNER'S . •-.,' ". - , R*TA; '12808 Otten Ihmortil lAshway AtmembAtAk lAnmesots 55441 June 8, 1979 1,021 SOO,3700 ,- • ',•, , 1:"-:`• `,••,_,'' Mr. Roger IlIatad • . ... '•':-.- City Manager .:•_:•'; City of Eden Prairie '... 8950 Eden Prairie Road ''....7 . Eden Prairie, Minnesota 55344 :-''''.• . . . ---'. Subject: Petition for lowering flood ...-' Contour Purgatory Creek -- Beat Mt. lasted: .-...- --• We attach a petition from the owners of land adjoining the flood `'..." way of Purgatory Creek. Over the past few weeks we have 1 . . .....7,-; with you, your staff and with Mr. Obermeyer regarding possibility of lowering the flood contour between State Highway No. 5 and Research Road. •:-.- '1.• ...„•:. The attached letter from the watershed district show that this A'''' is feasible with the removal of the culvert located in the field road to the north of Research Road. •, If you have any questions regarding this meter please advise. .,..: • Very truly yours, .,..., • •-• grenues-ENUTSON ASSOCIATES, INC. .. . ./.4,.-,e.,,.. • Dickman C. Knutson, H.L.S. . ..„. "'•. DCK:sh Enclosure . ., • ... li • • • • • • • We the undersigned owners and taxpayer of the property as shown on the attached drawing hereby petition the City of Eden Prairie to pass a resolution, to be forwarded to the Riley-Purgatory Watershed District, requesting the lowering of the 100 year flood contour from • 824 to'821 in the area from Research Road to State Highway No. 5. According to Mr. Robert 0bermeyer, of Barr Engineers, the Watershed District Engineer, with the removal of 60" culvert under the field road north of Research Road, the 100 year flood contour for this area can be reduced to the 821 elevation. The basis for this request is: Section 14 of the flood plain ordinance governs amendments and provident • "The flood plain designations of the Flood Plain Map and Profile shall not be removed from any areas unless it can be shown that the designation is in error or that the areas to be so removed are filled to an elevation at or above the flood protection elevation, provided that any areas so removed are contiguous to other lands lying outside the flood plain." The removal of the Northrup King road crossing in effect makes the present flood plain designation "in error." Thank you. • • • Vide Pr sash," Chi /'�0 f / • •• r r { • ZkiAtt • • r � ... • • at . 0••• 're'. _ -. '''t.;,}K.1,,)..,: :V/7 I „,„ 1111111111.111111Si'. morolorsei".;-•.7715P -- --- :-. ..'. f•,;;*.'• 7'-Lk •\,. 4,,,.. ..i. ,. %............,.,,,,..,.,. ,a„p illar .:-:-? %,,c., ' (*,;" ,i,t. 1 ',*'• ) , ..i.4...4 -..-:_:!..".7._-_:_- .-c.--. f,t.. 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T,..1/4-, "?. . :• ::.,•,...‘ , .,\ _-4, c< , ' ec 44..f ,y , .. rj....,-- , -, ‘;-l•t-•%•-::,;•,i, I ) - _; , _.,\ ,,,,.: •••••,...e.,- ' .•,‘ lu,-v,ic; _7• - tY.-:::- . i k- .," - _,‘• ,A :, ;,,U.?,d.. ,, ; .. ......... _- • • • :utt%7 - . MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager • FROM: Carl Jullie, City Engineer DATE: August 16, 1979 SUBJECT: Petition from Ban-Con, Inc. Neill Lake Condominium Setback Variance As the Council may recall, Ban-Con, Inc., back in September of 1978, . submitted a request to the Board of Appeals and Adjustments for a variance to allow a "zero lot line" setback for a portion-of their Neill Lake Condominium project adjacent to the Ridgewoods Condominiums in the Preserve. At the public hearing for that variance request, there was considerable opposition to the variance from property owners in the Ridgewoods project and after much discussion the Board denied the variance request. A lawsuit between the parties followed and the City was also made a party to the suit. ak Now, after several months of negotiations, an agreement has apparently been reached between the parties per the attached "stipulation of Dis- missal" and "Declaration of Covenants and E'asmentS," wherein the • owners in the Ridgewood project agree not to oppose the variance re- quest in return for certain concessions on behalf of Ban-Con. Ordinance .135 does provide that an applicant may appeal to the City Council any decision of the Board of Appeals and Adjustments. Accord- ingly, Ban-Con, Inc., per the attached letter of August 7, 1979, is appealing the previous denial by the Board of Appeals of their request for a "zero lot line" setback under Variance Application No. 78-12. Since the parties have apparently reached an agreement in this matter, and because of the steep slope to the west of the proposed building sites, it is recommended that the Council approve Variance Request No. 79-12 as heard and denied by the Board of Appeals and Adjust- ments on September 21, 1978, thus allowing a."zero" setback for four six unit condominium buildings in the Neill Lake Condominium project. Such approval shall be contingent upon, and no building permits shall be issued, until,receipt of fully executed copies of said agreements - and approval thereof by the City Attorney. CJJ:kh I .1>>9 • • . t I $1 .yc.�" s `� 1 '\ 2A ° .r . \ --1 A . l'\\N,\:\\,% \ N,)\ . ' - -- . : '4. -1, ,I I_,_,,,,,.. ni Al • \ • \*,, \ts„.,,is _- — - .. \4\,\:\\\4%,\\I 1 . tea »~ T ! . I *�� :...:„,..:. vk ,�, „. ._ , a.„,,-,-,- v) . c- -.. , ... ., . ,\\.\\%., , .p. k ...1/4, ..,., 'tee_ " cp., . . vi . �� i 0 ---...: A 0 % '\ . ,I VI\\ s.'3!1'..,,\.:\s4s\ 1 1 \ k‘i ..-:.-..,,, 1.1 '',...:•-. 'tz '/."0,0 . 4.44.:. It ' p,s,_ ,_\\O-4,; ''' 13 C \ A .--':',.- .,.• t "I--0-0, .... ii • `4,s4 .r. o \ >5 1 1 t • Z`; a 1 :. ... \ !A°..A\\\\ - .: .4.i. 1 .-• ' '\' ' A \\\.\\‘‘ ..7., • 41,4- .;,,,., ‘• \,\ A lv,„\\.‘ . :, ..,....,,.. .„. mu . ri, \No v. \x.\\,. ,...„ ........,.. , , ______________,...:__ ., , \ ,...r... • .. - p h \\, \ \\ \ & \ :::: ...,,: • •10 'Stu.. w F ' 'o ‘ 2cis) S. Qan Con,tnc. en iG ow 2345 Rice Street North St,Pout.Minnesota 55t 13 • Telephone 612ta83 96tJ+ August 7. 1979 Rcigdr Ul stad ' City Manager . B95) Eden Prairie Road Eden prairie, MN 55343 • Dear Mr, Utstad: 8a7rw$itifi, Inc.. has been working on an agreement with the Shard of DirectarSS of , .d9 Condominiums since August 1978 to resolve the questionttf setback for the ilalil Like condominiums i.nniediately adjacent,to their property. . Atte hed, herewith, is a copy of the proposed declaration of tovananr0 in ,i`ayetnents ir4 be recorded pursuant to the agreement, and a copy taf the Stipu. ration and dismissal of lawsuit between tteill Lake and Ridgewood. «Can,, Inc. iS requesting that they be put on the agenda of the csurttil meeting on August 21, 1979. Our request is to receive a variance from the p di-nance for the 22 foot setback to a zero sethark pursuant to our request to the Zoning 'Board of Appeals and Adjustments; application submitted n August 197D . Youwill recall, the variance was denied by the Zoning Board tf Appea4i and Ad ustmeets pursuant to that denial. we are requesting a review and approval by the , y ca i1, Cordi 'ly ' 4e.-A.1,iii00,,* . yen Jr. liii 0•�•pure cc Neill Lake file • • • lik:ST Se FLANAGAS • • ATTottxuvs AT LAW 404e I L S CEXT6u RECEIVED IIzNNEAPOL/F.MIXXESOR A 55402 (6I1) 3310-7/2/ AUG 3 1979 CAnLE:m89TLAW BAN-CON, INC. August 1st, 1979 Mr. Robert L. McCollum C ••.,..-:•.••,=.:'.'.7 Craft & Bailly aryls at Law 300Midland Bank Building Minneapolis, Minnesota 55401 Res Ridgewoods Condominium Association ' _. Dear Bobs • • Please find enclosed a copy of the Declaration of Covenants and �/fl Easements and the Stipulations of Dismissal which you drafted end we put an our computer system. • . Mr. Hagen has agreed to ail of the terms set forth in the Stip- ulation and Declaration. Mr. Hagen desires to commence construction on the next phase of Neil Lake within two weeks. As a ror°sociuence, we would appreciate you indicating any objections or changes with regard to this agreement as soon as possible. Mr. Hagen will accept a letter from you or a member of the Association indicating its . acceptance to this agreement. Upon receipt of this letter, Mr. 'Rages will then: go to the City Council to obtain approval.of the develop I am enclosing a copy of the ownership status of Ridgewoods Condo s • as of July 26 and a copy of the Neill Lake apartment ownership status as. of the same date. • Upon receipt Of this letter, please call me so that we can discuss these items. Yours truly, - MVP:jlg M. N. Van Patten, Jr. Enclosures BEST s FLANAGAN cc: Hans Hagen, Jr. )1142 4. • • • • • 20/1 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Ridgewoods Condomimium Association, ) Plaintiff, ) STIPULATION OF DISMISSAL vs. ) The City of Eden Prairie, Ban—Con, ) Inc., and First National Bank of ) Minneapolis, ) Defendants. ) • • This AGREEMENT, entered into this day of , 1979, by and between Ridgewoods Condominium Association, its Successor and assigns (hereinafter called "Ridgewoods"), and • Neill Lake Condominium Association and Ban-Con, Inc., their successors and assigns (hereinafter called "Neill Lake" and "Ban-Con" repectively), recites as follows: WHEREAS, Ridgewoods $nd its members are the owners 20/2 of the condominium units, the condominium garages and the common areas descrlbed in the Declaration of Covenants and Restrictions filed in the office of the Registrar of Titles, 'Hennepin County on May 18, 1972, Document No. 1031312, as amended by a documentfiled on June 27, 1972, as Document No. 1035856; and • • WHEREAS, Ridgewoods and its members are the owners, "according to their respective interest, of the lands described as Tract A, Registered Land Survey 1384, subject to certain -71 • • basements of record, together with the improvements constructed thereon; and WHEREAS, Ban-Con, Inc., is an owner of the land described as Tract B, said RLS 1384, and Lot 1, Block 1, Highpoint Adjacent thereto, subject to certain easements of , 20/3 record; and WHEREAS, Ban-Con is constructing and plans to construct improvements on its lands described above, to file its Declaration of Apartment Ownership in one or more phases, has created a homeowners Association, namely Neill Lake, conveyed apartment units and common areas therein, and intends to convey additional apartment units and common areas therein, said plans improvements known as Neill Lake Condominiums Phase and WHEREAS, the members of Neill Lake are owners of the condominium units, condominium garages and common areas described in the Declaration of Covenants and Restrictions filed in the office of the Registrar of Titles, ytennepin County on Document 20/4 No. ; and WHERCAS,the members of Neill Lake are owners, according to their respective interests, of land described as subject to easements of record, together with the improvements constructed thereon; and -2- 2 (q • ='tin • • WHEREAS, Ridgewoods commenced an action in Hennepin County District Court entitled Ridgewoods Condominium Association, Plaintiff, vs. City of Eden Prairie, Ban-Con, Inc. and First National Bank of Minneapolis, Defendants, District Court File No. 750589 seeking the relief as more fully set forth in its Amended Complaint; and WHEREAS, the defendant Ban-Con, Inc. instituted a Counterclaim against Ridgewoods seeking the relief as more fully set forth therein, iifnd 2O/S WHEREAS, the parties hereto, in order to amicably settle, compromise and resolve all differences existing betweenthem, reached an informal agreement on January 979; the informal agreement having been accepted by the parties thereto; and WHEREAS, the parties hereto, by this Stipulation of Dismissal, intend to formally set forth the terms and agreements of said settlement agreement, so to be ginding upon the parties now and forevermore; • NOW, THEREFORE, in consideration of the terms, agreements, grants and understandings and obligations expressed herein, and upon the payment by Ban-Con to Ridgewoods of the (um of $6,000.00, the receipt of which is hereby acknowledged, -3- 24 • • • • • • • :t is hereby stipulated end agreed as follows: 20/6 1. Ban-Con may apply to the City of Eden Prairie for a building set-back variance along a line beginning at the most Northerly corner of Tract B; thence Southeasterly in a straight line to the most Southerly corner of Tract A and there terminating; the boundary line being common to Tracts A and B RLS, 1384, and such other permits as may be required, • contingent, however, upon the granting of such variance by the City Council and/or the Board of Zoning Appeals of said City, • • and approval, as_may be ncessary, by the Watershed District. Ridgewoods will not oppose the granting of the variance or the issuance of other necessary permits as proposed snd will, if aquested, indicate its and Yheir approval thereof. 20/7 2. Ridgewoods will cooperate with and support Ban- Con in obtaining the necessary approvals for the works and • improvements described herein. 3. Ban-Con will construct and provide a surfaced parking area conatining not to exceed 18 vehicle parking spaces, over the following described area, to-wit: Commencing at the most Westerly corner of said Tract B; thence forth 67° 52' 04" East, assumed bearing along the Northwesterly line of said Tract B a distance of 150.93 feet to the actual point of beginning of the easement to be described; thence North 67° 52' 04" East 65.96 feet; thence North 36° 09' 34" West 45.99 feet; thence South 52° 50' 26" West 64 feet; thence 4. south X6° 09' 34" East 30 feet to the actual 20/8 • -4- it point of beginning; and commencing at the most Westerly corner of said Tract B; thence North 67° 52' 04" Cast, assumed bearing along the Northeasterly line of said Tract Bs a distance of 150.93 feet to the actual point of beginning of the easement to be described; thence north 67° 52' 04° East 65.96 feet; thence South 53° 50' 26" West 64 feet; thence north 36° 09' 34* West 60 feet to the actual point of beginning, reserving, however, to Ban-Con, its successors and assigns, the exclusive use of the most Southerly eight parking spaces located in said parking area. a. The grade of the access road and parking lot from its point of.connection with the existing }dlacktop, driveway 20/9 1. and parking area on said Tract A lying easterly of the west building of Ridgewoods shall not exceed 6%, and said access road and parking area shall provide proper drainage. b. Bin-Con will provide and install suitable lighting and natural screening for the area and will provide for the connection and installation of said lighting to the existing exterior lighting system of Ridgewoods. To the extent possible, Ban-Con will preserve and protect existing mature trees, and the screening to be provided by Ban-Con for this parking area will be compatible with the topography of the surrounding areas. c. The cost of electircal power for the lighting of said parking area described above, Over Tract A, shall be borne 20/10 by Ridgewoods. I -5- • • • 4. Ban-Con will provide and construct a surfaced parking area containing five vehicle parking spaces located on Tract B described as follows: Together with an easement for parking purposes over and across said Tract B; said easement being described as commencing at the most Southerly corner of Tract A said Registered Land Survey No. 1389; thence North 65° 54' East, assumed bearing along Southeasterly line of said Tract A a distance of 31 feet; thence South 28° 34' East 56 feet; thence North 61° 26".East 12 feet to the actual point of beginning of the easement to be described; thence North 61° 26" East 20 feet; thence North 28° 34' West 45 feet; thence ,gouth 61° 26" West 20 feet; 20/11 thence South 28° 34' East 45 feet to the actual point of beginning. 5. Ban-Con agrees to construct, with suitable Dcreening, pads for trash accumulators, one to be located adjacent to the east end of the garage building in front of the Ridgewoods west building, and the other to be located adjacent to and northwesterly of the parking spaces northwest of the Ridgewoods east building. 6. Ban-Con shall provide suitable landscaping within the easement area described in the following described area: Together with exclusive easement for parking purposes over and across said Tract A; said easement being described as beginning at the most Northerly corner of Maid Tract B; thance 20/12 North 51° 49' 36" East, assumed bearing, along the Easterly extension of said Tract B a distance of 22.01 feet; thence South 36° 42' 34" East 411.52 feet to the Southeasterly line of said Tract Aj thence South 65° 54' 33" West along said Southeasterly line of Tract A, a distance -6- • • • • it of 22.54 feet to the most Southerly corner of said Tract A; thence North 36° 42' 34" West along the Westerly line of said Tract A, a distance of 406.03- feet to the actual point of beginning. • • 7. The parties agree that this Stipulation of Dismissal • incorporates by reference the terms of the attached Exhibit A, subject to the proviso that this Stipulation of Dismissal, the rights and responsibilities contemplated pferein, shall be 20/13 effective and conditioned upon the execution, filing and recordation of said Exhibit A, in the Office of the Registrar of Titles, Hennepin County, Minnesota. 8. The parties further agree that the attached Exhibit A shall be incorporated into the respective Declaration of ''Covenants of Neill Lake Condominiums and Ridgewoods Condominiums. 9. Ridgewoods agrees and hereby does dismiss, with • prejudice and without costs, its Complaint, as amended, against Ban-Con, the City of Eden Prairie and First national Bank of Minneapolis, and Ban-Con agrees to dismiss its counter-claims, with prejudice with without costs, against Ridgewoods. 10. Ridgewoods and Ban-Con, acting for themselves and through %heir officers, agents and attorneys, each agrees 20/14 with the other in carrying out the foregoing provisions and accomplishing these objectives and to do all things necessary to comply therewith. Ridgewoods, and Neill Lake will use their (Vest efforts to induce their respective members, the owners • -7- • • • • I of said units, garages, and common areas, to execute Exhibit A to carry out and effectuate the terms of this agreement. BEST a FLANAGAN Marinus W. Van Patten, Jr. Attorneys for Ban-Con, Inc.' 4040 1ES Center Minneapolis, Minnesota 55402 • • (612) 334-7121 , • CRAGG a BAILEY By � y Robert L. McCollum Attorneys for Ridgewoods Condominium Association 300 Midland Bank Building Kinneapolis, Minnesota SS401 20/15 (612) 333-0411 • • • • ii • -8- t ti f R ; • • • • • . -' • • • 2 I DECLARATION OF COVENANTS AND EASEMENTS The undersigned Parties of the First Part (owners or encumbrancers of the real property set forth beside their respective names on the attached Exhibit No. 1) in consideration 1 • of one dollar and other good and valuable consideration including • grants of the reciprocal easements set forth hereinbelow and the covenants of Parties of the Second Part (owners or encumbrancers of real property as set forth beside their • respective names on the attached Exhibit No. 2) do hereby grant and dedicate to said Parties of the Second Part their successors and assigns the following: • A perptetual easement 24 feet in width for • ingress and egress over end across Trace A, 2. Registered Land Survey No. 1384, files of the Registrar of Titles, Hennepin County, Minnesota. • • The centerline of said easement being described as commencing at the most Northerly corner of Tract B, said Registered Land Survey No. 1384; thence North 51° 49' 36" East, assumed bearing, • s along the Easterly extension of the Northwesterly line of said Tract B a distance of 34.01 feet • to the actual point of beginning of the centerline to be described; thence North 36° 42' 34" West 15 feet; thence Northwesterly 39.12 feet along a tangential curve, concave to the 3 Southwest, having a radius of 76.37 feet and acentral angle 29° 21'; thence North 66° 03' 34" West tangent to said curve 74 feet; thence 21 ` , Westerly and Southwesterly 32.11 feet along a tangential curve concave to the South, having a radius of 21.19 feet and a central angle of 86° 26'; thence South 27° 30' 26" West tangent to last described curve 110 feet; thence Southerly 23.27 feet along a tangential curve, ,I concave to the East, having a radius of 20.94 U. . Q feet and a central angle of 63° 40'; thence South 36° 09' 34" Cast tangent to said curve v 38.58 feet to a point on the Northwesterly line of said Tract II distant 183.91 feet Easterly from the most Westerly corner of said Tract 1 B and there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at the Northwesterly line of said Tract B. Together with a perpetual easement 24 feet in 2,,, :,,`. 1 width for ingress and egress over and across said Tract A; the centerline of said easement being described as commencing at the most ) Northerly corner of said Tract B; thence North 51° 49' 36" East assumed bearing along the Easterly extension of the Northwesterly line •i of said Tract B a distance of 34.01 feet to the actual point of beginning of the centerline to be described; thence South 36° 42' 34" East • 360 feet to a point hereinafter referred to as Point"A"; thence Easterly 42.24 feet along; a tangential curve, concave to the North, having ; a radius of 31.43 feet and a central angle of 77° 00'; thence North 66° 17' 26" East tangent : . • to said curve 70.90 feet to the Easterly line ' of said Tract if and there terminating. The 2. V^ sidelines of said easement are to be prolonged . • or shortened to terminate at the Easterly line of said Tract A. : Together with a perpetual easement 24 feet in + -: ..., . i. b width for ingress and egress over and across said Tract A; the centerline of said easement :• i. being described as beginning at the ® aforementioned Point "A"; thence South 36° 42' - 34" East 25 feet; thence South 29° 15' 37" East 28.92 feet to a point on the Southeasterly line 8 of said Tract a distant 31 feet Easterly from the most Southerly corner of said Tract A and there terminating. The sidelines of said ® easement are to be prolonged or shortened to terminate at the Southeasterly line of said Tract A. 0 - • An exclusive easement over Tract A, RLS 1384 for 21 © maintenance of the structures located on Tract B and vehicle parking on Tract A, which easement is described as follows: 0 . -2- o ' 20'a • • . ► Beginning at the most Northerly corner of said • ► Tract B; thence North 51° 49' 36" East, assumed bearing, along the Easterly extension of said Tract B a distance of 22.01 feet; thence South ► 36° 42' 34" East 411.52 feet to the Southeasterly line of Tract A, thence South 65° 54' 33" West along said Southeasterly line of Tract A, a distance of 22.54 feet to the most Southerly { corner of said Tract A, a distance of 406.03 feet to the actual point of beginning. Tog=they ith a p rpetua� easement or park'ng pur.. es •ver and cros said Tract ; $ai ease ,-nt being desc ibe as commenci g at he most '4e:terly corne o said Tract B; th North ° 52' 04" Ea 9, assumed beari long the No thwesterly lin of said Tract B distance of 15,.:3 feet to the ctual point of ginning of th- easement to a scribed;. then e North 67° ' ' ,4" East 65.96 eet; thence ort 36° 09' /4" -st 45.99/feet, thence Sou h 53 50' 26" 'vest .4 feet; thence South 36° 09' 34 East 30 eet to the ac ual po nt of be inning. � • A non-exclusive easement for ingress and egress over Tract A of RLS No. 1384 described as follows: Beginning at the Southeast corner of Tract A of RLS No. 1384. Thence southwesterly along the Southerly line of Tract A a distance of 21/1 125.86 feet to a point, Thence northwesterly along the southwesterly line of said Tract t/ - distance of 406.03 feet to a point, Thence Northeasterly and at a right angle to said Southwesterly line a distance of 46.01 feet to a point, Thence southeasterly along a line parallel to said Southwesterly line until it intersects with a line which is parallel to and 60 feet north of said Southerly line, Thence northeasterly along said line which is parallel to and 60. feet 5 north o said Southerly line until it intersects ___- with th right of way line of Neill Lake Road, Thence southerly along said right-of-way line to the point of -3- 2 i')3 v • a ' Parties of the Second Part, for themselves, their a respective Successors and assigns, for their part, in 21/ Q1 consideration of one dollar and other good and valuable consideration including the grants of easements by Parties of the First Part do hereby, declare and covenant, as follows: Neill Lake Condominium Association convenants and agrees to assume 36% of the maintenance costs for the access and parking areas located on Tract A, RLS 1384 including but not limited to snow removal, and seal coating of said access and parking area. 6 Said agreement shall constitute a perpetual covenant C. • and shall run with the land described as follows: Lot e, Block a 1, High Point and Tract B., RLS 1384, to bind the successor and assigns of Neill Lake' Condominium Association and the owners, 21 their successors and assigns, of said condominiums and property. 83 • Tf Neill Lake Condominium Association fails to remit to Ridgewoods Condominium Association said share of the cost of maintenance of said access and parking areas located on Tract A, RLS 1384 within 60 days of notification by Ridgewoods Condominium Association to Neill Lake Condominium Association © of such cost of maintenance, then'in that event Ridgewoods Condominium Association may assess said cost to the respective © owners of Neill Lake Condominiums, which assessments shall ©{• constitute a derivative lien in favor of Ridgewoods Condominium -4- - • • • !0 • 40 Association upon each of said apartments and undivided interests in common areas of Neill Lake Condominiums. 2. #1 / Said assessment shall be considered an assessment by the Neill Lake Condominium Association payable to Ridgewoods a Condominium Association. Such assessment shall be for maintenance and upkeep of property located on Tract A, which by this agreement will be subject to common use by owners of RP condominiums of Neill Lake Codnominiums. An apartment owner of Neill Lake Condominiums may remove his apartment and percentage of undivided interest in the common area and • facilities from the lien by payment of a fractional amount of said lien amount according to his percentage interest in the IL • common area. Parties of the Second Part for the above-stated consideration, includingthe grants of easements by Parties 2 Of the First Part, do hereby grant and dedicate to said Parties of the First Part, their successors and assigns, the following: 40 Together with a perpetual easement 24 feet in 4P width for ingress and egress over and across said Tract B, over and across Lot 3, Block 1, High Point according to the recorded plat thereof 40 on file and of record in the office of the Registrar of Titles, Hennepin County Minnesota; the centerline of said easement being described as commencing at the most Southerly corner of said Tract A, Registered Land Survey No. 1384; thence North 65° 54' 33" East, assumed bearing, ® along the Southeasterly line of said Tract, 31 feet to the actual point of beginning o the centerline to )de described; thence South 21 AL 28° 34' Cast 56 feet; thence Southerly 159.52 ® -5- 2t11�/ • • • • • • ©� feet along a tangential curve, concave to the Southwest, having a radius of 843.69 feet and ® a central angle of 10° 50'; thence South 17° 44' Cast tangent to said curve 392 feet; thence Southeasterly 126.27 feet along a tangential • 9 curve, concave to the Northeast, having a radius • of 215.97 feet, a central angle of 33° 30'; thence Easterly and Northeasterly 143.92 feet 14 along a compound curve, concave to the North, having a radius of 70.93 feet and a central angle of 115° 46'; thence North 13° 00' East tangent to last described curve 67 feet; thence Northerly 137.03 feet along a tangential curve, concave to the West, having a radius of 272.30 21 7 feet, a central angle of 28° 50'; thence Northerly 99.69 feet along a compound curve, concave to the West, having a radius of 524.06 feet, a central angle of 10° 54'; thence Northwesterly 119.77 feet along a compound curve, concave to the Southwest, having a radius of 782.75 feet, a central angle of 8° 46'; thence North 35° 30' West tangent to last described curve 89.98 feet; thence Northeasterly along a tangential curve, concave to the East, having a radius of 16.57 feet a central angle of 79° 5 • 11' 41" and an arc distance of 22.91 feet to ® the Northeasterly line of said Lot 3, Block 1, High Point and there terminating. The sidelines of said easements are to be prolonged O or shortened to terminate at the Southeasterly 21, Sine of said Tract A and at the Northeasterly • line of said Lot 3. 0 An easement for Parking purposes over and across Tract ® B, RLS No. 1384, for the exclusive use and benefit of grantors, ® their successors and assigns; said easement being described as follows: • Beginning at the most Northerly corner of said Tract B; thence South 51° 49' 36" West, assumed bearing along the Northwesterly line of said Tract B, a distance of 62.52 feet; thence South C0 38° 10' 24" East 5 feet; thence North 51° 49' 36" East 62.39 feet to the Northeasterly line of said Tract D; thence North 36° 42' 34" West 0111 5.00 feet to the actual Point of beginning. 0 -6- • ® 2(tl(D • • • •• An easement for parking purposes over and across /ract 21/ 2 B. RLS No. 1384 for the exclusive use and benefit of grantors, 0 their successors and assigns; said easement being described • as follows: • • Commencing at the most Southerly corner of Tract A said Registered Land Survey No. 1384; thence North 65° 54' 33" East, assumed bearing along • Southeasterly line of said Tract A a distance of 31 feet; thence South 28° 34' East 56 feet; thence North 61° 26" East 12 feet to the actual point of beginning of the easement to be 0 described; thence North 61° 26" East 20 feet; 1 thence North 28° 34' West 45 feet; thence South 61° 26' West 20 feet; thence South 28° 34' East 45 feet to the actual point of beginning. $ A 20 foot perpetual easement for utility $nd sanitary 2140 . � sewer purposes over, under and across the following described • property: Tract "B" Registered Land Survey No. 1384 files of the Registrar of Titles, Hennepin County, $ Minnesota. • Said perpetual easement being 10.00 feet on each side of the following described center line: • ) Commencing at the northwest corner of said Tract "B"; thence south 45 degrees 33 minutes 50 seconds East, assumed bearing, along the southwesterly line of said Tract "B" 109.06 • 3 feet to the point of beginning; thence north 42 degrees 28 minutes East 102.65 feet; thence North 1 degree 39 minutes East to the y northwesterly line of said Tract "B" and there terminating. • -7- ) l' . ' • „: . . . - „ - - 7'7 • • • An easement for parking purposes over and across Tract 211 27• 4, S., BLS No. 1364, for the exclusive use and benefit of grantors, their successors and assigns; said easement being described • as follows: .• di Commencing at the most Westerly corner of said ' Tract B; thence North 67. Si' 04" gust, assumed if) bearing along the Northwesterly line 01 said Tract B a distance of 150.93 feet to the actual point of beginning of the easeme-nt to be ".; o described; thence North 67° 52' 04" east 65.96 feet; thence South 36° 091 34" Bast 44,01 feet" thence South 53* 50' 26' West 64 feet; thence tp.4 North 366 09' 34" West 60 feet to the actual "•.:. point of beginning reserving, however, to Batt- Con, its sticcessors and assignS, the exclusive • use of the most "Southerly eight (B) parking 211.- spaces located in said parking area. 0 4Z - ED. 121 • ., 0 • . 0 • 4) . 0 ; 0( 0 -a- . • , 0 , 2411 4. Apartment Ownership No. 80, ® Ridgewoods Condominium First Addition Apts./ Garages Owner Encumbrancer Cert. No. 101/20 Kurt W. Johnson First National Bank 539180 of Minneapolis 102/24 Craig Larson . First National Bank 568992 of Minneapolis 103/22 Kenneth W. Smith 1) State Bank of 541210 Chanhassen AVD 2) First National Bank of Minneapolis 104/21 Thomas P. and Barbara First National Bank 543520 A. Olson, husband and wife 105/23 Roberta A. Gorman First National Bank 543576 111/25 Joseph J. Pallansch First National Bank 540543 and wife, Judith A. P1,12/30 Glendon L. Sohn First National Bank 546697 113/28 David and Roger L. Rovick, First National Bank 584004 as Successor Trustees under Trust Agreement dated February 8, 1968, wherein Odd K. Rovick and Emma L. Rovick, are Trustors 114/26 Michael T. and Timothy S. First National Bank 585260 Duffy and Jane H. Duffy 115/27 Steven R. Slivken First National Bank 545964 121/31 Wayne A. and Elaine M. First National Bank 566057 Peterson 122/9&35 Martin L. and Barbara Birk First National Bank 586216 123/3&33 Kathleen D. Bruns First National Bank 566224 124/32 James A. and Thomas A. Ries, First National Bank 576522 Trustees 4'125/34 Louise A. Bendt First National Bank 541360 131/16 Bradford R. Johnson First National Bank 574042 132/38 Michael S. and Evelyn M. First National Bank 58833.E Dorn 2ttl1 s Apartment Ownership No. 80, • Ridgewoods Condominium First Addition 10 Apts./ Garages Owner Encumbrancer Cert. No. 133/10 Joan M. and Harold A. National City Bank 540171 Theisen of Minneapolis AND First National Bank 134/15 Jack B. and Elizabeth L. First National Bank 540170 Higgins 135/18&11 Rick E. Carter and Michelle First National Bank 540605 1 I. Carter 141/2 Thomas L. and Dana K. First National Bank ' 540968 Christianson 142/17 Larry Allen Demaree and First National Bank 568036 Susan Alice Demaree, AND Carole Lynne Cruickshank, Contract for Deed Vendee 143/1 Harlan R. Anderson First National Bank 546775 m, 144/12 Barbara H. Heltzel, ANDFirst National Bank 541320 Dennis L. McClinton, Contract Vendee 145/36 Robert L. and Patricia J. First National Bank 539806 McCollum 151/37 Daniel L. and Arlice R. First National Bank 540051 • Normandin 152/19 Morris L. Norman, Jr. First National Bank 540371 and Cynthia L. Norman 7. 153/13 Mary Beth Theisen and First National Bank 540147 . Harold A. Theisen (Marian E. Theisen, wife) 154/6 Lloyd S. Sorem First National Bank 540688 155/4 Pamela.E. Palen First National Bank 540969 161/7 Joseph C. Cunningham First National Bank 589621 162/40 Thomas R. Smith First National Bank 538982 t 163/41 Edna M. Holmgren First National Bank 539794 164/14 Elliott C. and Carol A. First National Bank 540971. George; and William J. Payne, Contract for Deed, Vendee ' 165/39 Gary Lee Lewis .;r(I'0 First National Bank 538,56_2 I. • Apartment Ownershi• p No. 116 • Neill Lake Condominium - Phase One owner Encumbrancer Cert. No, 9088 B 6erdld M. and Northern Federal 588561 Jane E. Hildebrandt Savingqs and Loan Association 9050 Berard Callahan Northern Federal 'SN9fr63 • ` Savings and Loan .Association • . ...', %..,..''...:','., • LJ' 1 t fi;, August 21, 1979 it STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 5114 VOID OUT CHECK $ (31.00) 5129 VOID OUT CHECK (628.34) 5267 GRIGGS, COOPER & CO Liquor 2,085.05 5268 TWIN CITY WINE CO. Wine 884.60 5269 JOHNSON BROTHERS WHOLESALE Liquor 953.50 5270 EAGLE DISTRIBUTING • Liquor 562.02 5271 OLD PEORIA COMPANY, INC. Wine 602.05 5272 ED PHILLIPS & SONS Liquor 255.73 5273 HENNEPIN COUNTY CHIEFS Fire Department 120.00 5274 HOPKINS POSTMASTER Postage 105.20 5275 HENNEPIN COUNTY PARK RESERVE Expenses-Park Department 12.00 5276 PUBLIC EMPLOYEES RETIREMENT Payroll 8/3/79 7,519.13 • 5277 FEDERAL RESERVE BANK Pa 11_8/3/79 10,47I.93 5278 NORTHWEST AIRLINES, INC. xpenses "> 306.00 5279 CAROLYN & GEORGE MILKOVICH Est money for purchase of property 100.00 5280 JOHNSON BROTHERS WHOLESALE Liquor 649.46 al5281 MINNESOTA DISTILLERS, INC. Liquor 1,347.96 5282 INTERCONTINENTAL PACKAGING Wine 593.59 5283 MIDWEST WINE COMPNAY Wine 393.00 5284 GRIGGS, COOPER & CO, INC. Liquor 465.79 5285 OLD PEORIA COMPNNY, INC. Wine 399.87 5286 ED PHILLIPS & SONS Liquor 541.47 5287 KIWI KAI IMPORTS Wine 101.25 5288 STATE OF MINNESOTA Expenses 62.59 5289 GROUP HEALTH PLAN, INC August Insurance 816.00 5290 HMO SERVICE August Insurance 1,003.20 5291 VOID 5292 BLUE CROSS & BLUE SHIELD August Insurance 177.92 5293 A & H WELDING & MFG Equipment Repairs 45.56 5294 ADVANCE AMBULANCE & EQUIP Supplies 61.30 5295 AKINS FIRE EQUIPMENT Supplies 197.24 5296 ALCOHOL COUNTERMEASURE SYSTEM Supplies 47.50 5297 ALBINSON Supplies 30.15 5298 EARL F. ANDERSEN & ASSOC Signs 370.50 5299 ASTLEFORD EQUIPMENT CO Supplies 17.55 5300 BALDWIN COOKE COMPANY Subscription 11.36 5301 BRW Service-Lotus View Drive, Ringroute 78th 13,828.37 Street-Hwy 169, T.H. #5 & W. 78th Street and Mitchell Road, Dell Road 5302 BLOOMINGTON LOCKSMITH CO. Locks 34.85 5303 RAE BLY Mileage 44.66 5304 BROWN PHOTO Supplies 86.66 • 5305 BRYAN AGGREGATES, INC. Rock 348.40 5306 BUSINESS FURNITURE INCORP. Supplies 163.67 5307 G.C. CARLSON CO. Repair 25.50 5308 CHANHASSEN AUTO PARTS, INC. Parts 499.27 530g WATER & SEWAGE Subscription 30.00 5310 CITY OF EDINA Tests 115.00 • B. PAGE two August 21, 1979 1/ 5311 COMMISSIONER OF REVENUE July sales & use tax 2,475.97 5312 COPY EQUIPMENT INC. • Supplies 3.50 5313 MARGARET CUMMINGS Expenses 6.56 5314 CUTLER-MAGNER COMPANY Quicklime 2,744.55 5315 DAVIES WATER EQUIPMENT CO Equipment 5,540.70 5316 DORHOLT PRINTING & STATIONERY Supplies 656.95 5317 ECKLUND & SWEDLUND Storage Shed 327.15 5318 EDEN PRAIRIE NEWS Ms 85.50 5319 EDEN PRAIRIE SCHOOL Services 1,105.74 5320 ELK RIVER CONCRETE PRODUCTS Maintenance Material 93.15 5321 ELVIN SAFETY SUPPLY, INC. Supplies 510.41 5322 CHRIS ENGER Expenses 100.00 5323 FREEMAN'S LIGHTING CONCEPTS Supplies 41.28 5324 FRONTIER LUMBER & HARDWARE Supplies 253.78 5325 GOPHER ATHLETIC Supplies 4.50 5326 GRAHAM PAPER Supplies 65.50 5327 DALE GREEN CO. Maintenance Material 96.00 5328 VOID 5329 GROSS INDUSTRIAL SERVICE Service 37.30 5330 JACK HACKING Expenses 40.92 5331 KATHY HALLORAN Expenses 4.15 5332 HAYDEN-MURPHY EQUIP. CO. Equipment 2,450.00 5333 MICHELL HOCHHOLTER Refund of fee 10.00 5334 HOPKINS GLENROSE FLORAL Expenses 34.32 5335 HOPKINS PARTS CO. Supplies 152.15 5336 HOPKINS PRINT SHOP, INC. Supplies 48.15 5337 WM. K. HORNIG Expenes 35.28 5338 JEAN JOHNSON Expenses 16.79 5339 KOKESH ATHLETIC & GOLF Supplies 52.36 5340 KUSTOM SIGNALS, INC. Moving Radar-Public Safety 1,737.00 5341 LABELLE'S DISTRIBUTING Supplies 37.93 5342 LANDCO EQUIPMENT, INC. Equipment 2,078.28 5343 LEASE-A-LEMON OF MINN Lease a car-Park Dept 62.10 5344 LEEF BROTHERS INC Service 107.80 5345 LOGIS Service 1,035.62 5346 LONG LAKE FORD TRACTOR Supplies 101.89 5347 LOWELL'S AUTOMOTIVE Supplies 2.30 5348 M M INDUSTRIES Cleaning Supplies 80.06 5349 MACQUEEN EQUIPMENT Meter 60.00 5350 ROBERT N. MARTZ Expenses 54.31 5351 MATT'S AUTO SERVICE Service 81.50 5352 MAYVIEW RADIO Equipment 107.60 5353 MCNAMARA-VIVANT CONTRACTING Service 79.25 5354 BEN MEADOWS COMPANY Supplies 396.D0 5355 MEDICAL OXYGEN & EQUIPMENT Oxygen 40.99 5356 MEDINA ELECTRIC, INC. Services 182.75 5357 METRO PRINTING INC. Supplies 99.00 5358 METROPOLITAN WASTE CONTROL Sewer service chg for September 18,094.55 te 5359 MIDWEST ASPHALT CORP Blacktop 842.12 5360 MINNEAPOLIS STAR & TRIBUNE Ads 1,163.85 5361 MINNESOTA BLUEPRINT Supplies 30.80 5362 MINNESOTA TORO, INC. Supplies 35.49 5363 MINNESOTA VALLEY ELECTRIC Service 24.80 5364 MODERN TIRE CO. Supplies 111.14 1117� S ' Page three August 21, 1979 ) 5365 MUNICIPAL & PRIVATE July Service 1,018.75 5366 NCR CORPORATION Supplies 42.84 5367 BRAD NEWMAN Refund of fee 5.00 5368 BRENDA NICKOLAI Refund of fee 10.00 5369 NORTHERN STATES POWER CO. Service 7.32 5370 NORTHERN STATES POWER CO. Service 8,749.58 5371 NORTHWESTERN BELL Service 1,494.76 5372 NORTHWESTERN NATL BK OF MPLS Interest & service charge 110,216.00 5373 OSWALD FIRE HOSE Equipment 2,040.00 5374 PENNY'S # 25 Supplies 7.40 5375 PRAIRIE LAWN & GARDEN Supplies 7.20 5376 PRAIRIE OFFSET PRINTING, INC. Supplies 18.75 5377 RAPID COPY, INCORP. • Supplies 7.00 5378 REED'S SALES & SERVICE Supplies 31.90 5379 REGAL TROPHY Sumer fun- Park Dept 41.06 5380 RIEKE-CARROLL-MULLER ASSOC Service-Valley View Rd, Shady Oak Ind. 27,312.96 Park, City Well Pumphouse #3, Eden Prairie Lake Trail Estates, Round Lake Estates 2nd addition, Round Lake Utilities Phase II, Shady Oak Extension, Staking-Single Tree Lane, High Trails Sewer & Water, Crosstown Ind. Park, Cardinal Creek Estates 5381 ROBERTS DRUG Supplies 26.52 a5382 SHARON ROBINSON Leisure Challenge-Park Dept 7.00 5383 LINDA SAGER Refund of fee 5.00 5384 SATELLITE INDUSTRIES, INC. Portable Restrooms-Park Dept 330.00 5385 BETSY SCOTT Summer fun-Park Dept 7.14 5386 SEARS, ROEBUCK & CO. Supplies 158.93 5387 SOUTH-TOWN REFRIGERATION Service & repair 40.45 5388 SPORTS WORLD Supplies 177.95 5389 ST. GERMAIN BROS., INC. Paint 159.00 5390 ST. REGIS PAPER CO. Supplies 132.70 5391 STANDARD SPRING CO Supplies 33.25 5392 SUBURBAN AUTO ELECTRIC Equipment Repair 69.30 5393 TEAM ELECTRONICS Supplies 33.95 5394 TEM-TEE PROGRESSIVE DAIRY Park Department 445.90 5395 THRIFTY PRINT Printing 19.25 5396 TOWN's EDGE FORD, INC. Equipment 36,202.00 5397 TRI-STATE TREE SERVICE, INC. Tree Hauling 3,003.00 5398 TRIARCO ARTS & CRAFTS Supplies 8.60 5399 TWIN CITY PRICING & LABEL Labels 7.90 5400 VALLEY EQUIPMENT CO Supplies 4.15 5401 VAN WATERS,& ROGERS Chlorine Liquid 185.50 5402 VAUGHN'S INCORPORATED Flags 132.00 5403 VIKING BUSINESS INTERIORS Shelving 473.76 5404 VINCENT BRASS & ALUMINUM Supplies 30.33 5405 RIVER WARREN AGGREGATES Rock 74.4 5406 WATER PRODUCTS COMPANY Water Meters 1,439.12 5407 HAL C. WELDIN Teen Work-Park Department 13.00 • 5408 XEROX CORP Supplies 57.00 5409 ZEP MANUFACTURING CO Supplies 36.31 5410 GENERAL COMMUNICATIONS Supplies 17.00 5411 GROUP HEALTH PLAN, INC. August InsurancL 101.34 5412 PHYSICIANS HEALTH PLAN August Insurance 5,912.63 AA PAGE four • August 21, 1979 at 5413 WESTERN LIFE INSURANCE August Insurance 348.85 5414 HENNEPIN COUNTY Equipment 2,488.04 5415 MURPHY PLUMBING & HEATING Supplies 12.65 5416 PUBLIC SAFETY-PETTY CASH Postage 18.24 5417 MIKE SALENTINE City Hall Maintenance 288.00 5418 ROGER K. ULSTAD Expenses 57.30 5419 DAVIDSEN DISTRIBUTING Liquor 480.00 5420 DAY DISTRIBUTING Beer 2,675.54 5421 PAULA BROSDAHL Teen Work program 49.40 5422 ANN DIEDE Teen Work program 59.15 5423 THORPE DISTRIBUTING CO. Liquor 3,296.60, 5424 BUTCH'S BAR SUPPLY Supplies 294.50 5425 PEPSI-COLA BOTTLING CO. Liquor store 291.60 5426 EAST SIDE BEVERAGE CO. Liquor 5,178.00' 5427 ROUILLARD BEVERAGE CO: Liquor 1,470.861:: 5428 GOLD MEDAL BEVERAGE CO. Liquor store 203.05' 5429 LEDING DISTRIBUTING CO. Liquor 3,116.55 5430 COCA-COLA BOTTLING MIDWEST Liquor store 334.35 5431 BEER WHOLESALERS, INC. Beer 2,406.35 5432 GREG ELDER Teen Work program 43.55 5433 JIM FERRIS Teen Work program 48.10 5434 DAVE GEHIKE Teen Work program 43.55 5435 SHEILA HALEY Teen Work program 39.00 5436 AMY HENRY Teen Work program 33.15' 5437 STACIA HERMAN Teen Work program 29.90 5438 KIM HOCKERT Teen Work program 50.70 5439 TAMMY HOLMES Teen Work program 48.75 5440 TINA KUTT Teen Work program 50.70 5441 GINA LOOMER Teen Work program 6.50 5442 DIANN MARRIOTT Teen Work program 22.10 5443 RICK NUBSON Teen Work program 48.75 5444 NOELLE PIDCOCK Teen Work program 44.85 5445 AMY PETERSON Teen Work program 62.40 5446 DAN PIERRE Teen Work program 42.25 5447 DEBBIE ROWLAND Teen Work program 59.8C 5448 DICK SAXE Teen Work program 52.65 5449 LANCE STAMPFLI Teen Work program 61.1C 5450 MIKE THURSTON Teen Work program 37.7C 5451 TOM VOHS Teen Work program 88.73 5452 SCOTT WALKER Teen Work program 25.35 • 5453 BRIDGET WICKER Teen Work program 47.45 5454 SOUTH HENNEPIN VO-TECH SCHOOL Senior Citizens drivers 19.80 5455 ICMA Conference 170.75 5456 INGRAM EXCAVATING Services 3,585.50 5457 STATE OF MINNESOTA Motor vehicle registration 5.00 5458 STATE OF MINNESOTA Motor vehicle registration 5.00. 5459 GEORGIA JESSEN Expenses 49.00 5460 ROBERT LAMBERT Expenses 100.00 5461 A & K CONSTRUCTION WELL # 3 7,319.30 5462 NODLAND ASSOCIATES, INC. LAKE TRAILS ESTATES 15,801.19 ( 5463 NORTH CENTRAL UNDERGROUND, INC. CROSSTOWN IND. PARK 42,626.97 •; 5464 0 & P CONTRACTING, INC. SUPER VALU 20,574.93 5465 NORTHERN CONTRACTING CO. STORM SEWER 104.382.60 5466 M. G. ASTLEFORD CO. INC. SHADY OAK IND. PARK 168,472.80 ':'.' 5467 NORTHERN CONTRACTING, INC. ROUND LAKE AREA 193,220.85 .<,' 5468 BROWN AND CRIS, INC. DELL ROAD 42,633.50 •. J(j 1` • PAGE FIVE AUGUST 21, 1979 • 5469 BROWN AND CRIS, INC. T. H. - 5 12,295.'58 5470 BROWN AND CRIS, INC. HIGH TRAILS ESTATE 36,25$,14 5471 NORTHDALE CONSTRUCTION CO. HORSEMAN IND. PARK 36,012.55 S998,010.20 • • • • TO: sayer and Council Flalm John Frans DATE: August 16, 1979 JUDE for Eden Prairie Partners - $1,500,000 • BryanPubert a Malcolm Reed propose t© construct a 74,,OLtA'square foot o icefwire] mse facility on she "Halle" property. The estimated a st the pro �at is $1,597,009 ammd it is anticipated that the profact Would • be or tlpied by the development company owned :by the SpyliArants and the m+aae,nne of the project would be lea9ed to five other firms. The Property is zoned T-E which imm correct for tti@intended use. A PuDl c Hearin could be scheduled for September 18, 1979. I ° tf., 1 .«4`r • • • • • CITY OF EDEN PRAIRIE, MINNESOTA • Application for Industrial Development Bond Project Financing 1. APPLICANT: a. Business Name - Eden Prairie Partners b. Business Address - 6311 Wayzata Boulevard, Suite 340 • Minneapolis, Minnesota 55416 c. Business Form - Partnership d. State of Incorporation or organization - Minnesota • 111 e. Authorized Representative - Malcolm D. Reid f. Phone - • (612) 544-2102 2. NAMES AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a. Brian M. Zubert 5320 Elmridge Circle Shorewood, Minnesota 55331 • b. Malcolm D. Reid 25 Fairhope Ave. Tonka Bay, Minnesota 55331 • 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIP.AL PRODUCTS, ETC. Malcolm D. Reid is an attorney and an electrical engineer. He has been involved in the real estate field throughout his career as an attorney in the capacities of attorney, owner, contractor and developer. Attached as Exhibit A-1 is a copy of Malcolm D. Reid's resume. Attached as Exhibit A-2 ILis a copy of Malcolm D. Reid's financial statement. Brian M. Zubert has been a real estate developer, owner and contractor since 1961. Brian M. Zubert presently owns and manages the apartment buildings which he has built and an office building. Attached as Exhibit B-1 is a copy of Brian A1: Zubert's • resume. Attached as Exhibit B-2 is a copy of Brian M. Zubert's financial statement. Malcolm D. Reid and Brian M. Zubert are partners in a •:umlany by the name of Arvada Development Corporation. Arvada Develop- ment Corporation is presently building a 20,O00 square foot office building on Highway 7 in the City of Minnetonka. Both Brian M. Zubert and Malcolm D. Reid will be part owners of the completed office building. 12. 4. DESCRIPTION OF PROJECT a. Location and intended use: Location: construction of an office-warehouse complex consisting.of three buildings totaling approximately, 74,000 square feet in size on a 5.7 acre site located west of the intersection of Washington • Avenue South and Valley View Road, legally described as Lot 1, Block 1, Norseman Industrial Park 3rd Addition. Intended use: Office, warebouse and service uses with the following proposed tenants: (1) Arvada Development Corporation, (2) Pal* -Tear Incorporated, (3) Honeywell., Inc.. (4) Realty At World, Inc., (5) Art-Sign Materials Co. and • (6) Manufacturers Maintenance, Inc. b. Present ownership of project site: Berleiv Belle (Brian M. Zubert and Malcolm A. Reid have an option to purchase the site) c. Names and address of architect, engineer, and general contractor: • • Architect: Radloff & Associates, Inc. Wesley Temple Building, Suite 206 123 East Grant St. Minneapolis, Minnesota engineer: Gerald Paulson Minnetonka, Minnesota General Contractor: Arvada Development Corporation 6311 Wayzata Boulevard Minneapolis, Minnesota 55416 -2- • F �t:a: It 5. ESTIMATED PROJECT COST FOR: Land $ 305,746.00 Building (7,400 sq. ft.) 1,536,254.00 Equipment Included Other 55,000.00 Total $1,897,000.00 6. BOND ISSUE a. Amount of proposed bond issue - Tax exempt mortgage in an amount not to exceed $1,500,000. b. Proposed date of sale of bond - October 1, 1979 or sooner. c. Length of bond issue and proposed maturities - The tax exempt mortgage will be for a term of 25 to 30 years and will be provided by a single financial .institution. d. Proposed original purchaser of bonds - The tax exempt mortgage will be provided by a single financial institution managed through Northland Mortgage Company. e. Name and address of suggested trustee - Not Applicable. f. Copy of any agreement between Applicant and original purchaser - Northland Mortgage Company has assured the applicant that the institution will provide said tax exempt mortgage. g. Describe any interim financing sought or available - Interim financing will be provided by the mortgagee as part of the tax exempt mortgage. h. Describe nature and amount of any permanent financing in addition to bond financing - Any additional capital required over the mortgage amount it will be supplied by the applicant. -3- • • • • 7. BUSINESS PROFILE - • a. Are you located in the City of Eden Prairie? No. Malcolm D. Reid's office is at 6311 Wayzata Boulevard, Minneapolis, Minnesota. Brian Zubert's office is also at 6311 Wayzata Boulevard. b. Number of employees in Eden Prairie? • i. Before this project: None ii. After this Project: Projected employment - 180 c. Approximate annual sales - unknown. d. Length of time in business - Brian M. Zubert has been a builder, developer, owner and • property manager since 1962. • Malcolm D. Reid has been an attorney since 1969, an engineer 'since 1965, and involved in the real estate development, ownership, management and building fields since 1969. in Eden Prairie - not applicable. • I/ e. Do you have plants in other locations? If so, where? See attached financial statements (Exhibits A-2 and B-2) for listing of other properties of Malcolm D. Reid and , Brian M. Zubert. f. Are you engaged in international trade? No. 8. OTHER INDUSTRIAL DEVELOPMENT PROJECTS: • a. List the names and locations of other industrial development projects in which the Applicant is the owner or a "substantial user" of the facilities or a "related • person" within the meaning of Section 103(b) (6) of the Internal Revenue Code. Brian M. Zubert is the owner of an office building at 6311 Wayzata Boulevard, Minneapolis, Minnesota. • Brian M. Zubert and Malcolm D. Reid are partners in a partnership which owns an office'building at 15612 Highway 7, Minnetonka, Minnesota. Both Brian M. Zubert and Malcolm D. Reid own other rental residential properties. -4- • • ).;.i) • • • • b. List all cities in which the applicant has requested 111 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. f. If applicant has been denied industrial development revenue financing in any other city as identified in (d) or (e) , specify the reason for the denial and the name of appropriate city officials who have knowledge of the transaction. Not applicable. 9. NAMES AND ADDRESS OF: a. Mortgage Broker: Northland Mortgage Company 6600 France Avenue South Edina, Minnesota 55435 b. Private Placement Purchaser (if private placement) Occidental Life Insurance Co. 1150 South Olive Street Los Angeles, California 90015 i. If lender will not commit until City has passed its preliminary resolution approving the project,.suhmtt . 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. Lender will not commit until City has passed its preliminary resolution approving the project. Attached as Exhibit C is a letter from the lender. flE -5- • c. Bond Counsel - Mackall, Crounse & Moore First National Bank Building Minneapolis, Minnesota 55402 • d. Partnership Counsel - Malcolm D. Reid 6311 Wayzata Boulevard, Suite 340 Minneapolis, Minnesota 55416 • e. Accountant - Roger Ocel Thorsen, Campbells Rolando & Lehne 5353 Gamble Drive Minneapolis, Minnesota 55416 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start - November 1, 1979 b. Construction completion - March 30, 1980 • FOR FURTHER INFORMATION CONTACT: Malcolm D. Reid 6311 Wayzata Boulevard, Suite 340 Minneapolis, Minnesota 55416 Telephone: (612) 544-2102 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 provision or requirement relating to any Wig, building, or other rule or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this projeat. EDEN PRAT, . PARTNERS BY Of By Ma co m D. ;mim: 'a ., er Applicant / Date: August 1, 1979 i -6-. • • 11. ZONING - TO BE COMPLETED $Y ::_. CITY PLANNING DEPART a. Property is zoned - Park, NENT b. Present zonincj is (is not) correct for the intended tree. • C. Zoning application received on fbr 7. which is correct for the intended use. d. Variances required - . 11 j�'� 1 Y:''erg`" t,/ t ,r, . Pl�x er - • -7- , . • • Tpa Mayor and Council ?RKM: John Fran . DATES August 17, 1979 'KB: 14IDBT5 for Eden Prairie Mini storage- $650,000 Daft, and Eldost Sieh1 are requesting the city to antherise X. R.`sonde to cone-trust a mini-storage faaiii't,P tetzPiatteg of sia . ..:` bq i-dinge ceOtaiking 35,000 square feat to be rented the re7 1 i1$0, facility has Jul i`m estste coot of :$805.�11g4 Arid is ltic8 inStdatrale friestrial. Park 2n6 on use way off Martin brine. , zoning is 1-2 Park which is correct for the-iartendect use. •I 4"'"z'%* S • • • CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANT: a. Business Name - William W. Dahl and Eldon R. Siehl b. Business Address - 14500 Valley View Road Eden Prairie, Minnesota 55344 c. Business Form (corporation, partnership, sole proprietor- ship, etc.) - Partnership to be organized. d. State of Incorporation or organization - 'Minnesota e. Authorized Representative - William W. Dahl f. Phone - (612) 937-8300 • • 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a. William W. Dahl 6704 Apache Road Edina, Minnesota 55435 • • b• Eldon R. Siehl • 6105 Eden Prairie Road Edina, Minnesota 55436 c. • -1- • • • 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Project involves the construction of six mini-storage warehouse buildings approximately 35,400 square feet to be rented to the general public. • 4. DESCRIPTION OF PROJECT • a. Location and intended use: Lot 1, Block 1, Edenvale Industrial . • Park 2nd Addition located on Commerce Way off of Martin Drive, Eden Prairie, • Minnesota. b. Present ownership of project site: Edenvale, Inc.. • c. Names and address of architect, engineer, and general contractor: J. B. Swedenborg Corstrocti,on, Inc. Edenwest Professional Building Suite 101-B 7525 Mitchell Road • Eden Prairie, Minnesota 55343 • 5. ESTIMATED PROJECT COST FOR: • Land $ 15O.0O0 Building $ 532,100 Equipment $ -0- Other $ 122,608 • • • Total $ 804.70E I -2- • .. t �f . ...... .. .. ._„ ....._. ,. a �e t:.xu • • 6. BOND ISSUE - • • a. Amount of proposed bond issue - $650,000 b. Proposed date of sale of bond - October 1, 1979 • c. Length of bond issue and proposed maturities - 25-year level term with 15-year call option d. Proposed original purchaser of bonds - The Midway National Bank of St. Paul 1578 University Avenue St. Paul, Minnesota 55104 e. Name and address of suggested trustee - • f. Copy of any agreement between Applicant and original purchaser - None .41 • g. Describe any interim financing sought or available - The Midway National Bank of St. Paul will provide both interim and permanent financing. h. Describe nature and amount of any permanent financing • in addition to bond financing - None. Additional capital required in excess of the mortgage amount to be provided by the applicants. 7. BUSINESS PROFILE - • • a. Are you located in the City of Eden Prairie? No. b. Number of employees in Eden Prairie? • i. Before this project: None. -3- • • ii. After this project? Four. c. Approximate annual sales - $126,000 d. Length of time in business Mr_ Dahl hilts hmfn 9" r'has commercial construction business for 25 years and Mr. 9iehl has been'in the optical lousiness for 25 years. in Eden Prairie Mr. Dahl is presently cot;struptt g 4n t4or edn.. fl ium units in Eden Prairio_ • e, Do you have plants in other locations? If so, where? • No. f. Are you engaged in international trade? No. 5. ! OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): 3ocations of other industrial a. List the names) and ( 3 development project(s) in which the Applicant is the, owner or a "substantial user" of the facilities ar a "releated person" within the meaning of Section iO3(b)(6) of the Internal Revenue Code. None • • • • • I i -4- IT • b. List all financin g.cities in which the Applicant has requested • industrial revenue development i None l. • C. Detail the status of any request the Applicant fists before r:,.., any other city for industrial development revenue financing. • None d. List any city in which the Applicant has been reused • industrial development revenue financing. 7. None • e. List any city (and the project name) where the Applicant • has acquired preliminary approval to proceed but in b c'h • final approval authorizing the financing has been denied.. None • • • t -5- • • • I. If Applicant has been denied industrial development revenue financing in any other city as identified in (d) or (e), specify the reason(s) for the denial and the name(s) of appropriate city officials who have knowledge of the transaction. None • 9. NAMES AND ADDRESS OF: a. Underwriter (If public offering) N/A b. Private Placement Purchaser (If private placement) The Midway National Bank of St. Pau]. 1578 University Avenue • St. Paul, Minnesota 55104 • 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 Commiesioner of Securities. • See attached letter from The Midway National Bank of St. Paul. • • • _g_ '772' " • „,„.. . "";.1 •"." • " . • b. Bond Counsel - Macke'', Crounse & Moore 1000 First National Bank Building Minneapolis, Minnesota 55-402 • C. corporate Counsel - None d. Accountant - None • , • 10. WHAT IS YOUR TARGET DATE FOR: • • - a. Construction start - October 1, 197! b. COnStruction completion - February 1, 19011 • 777 * • • III FOR FURTHER INFORMATION CONTACT: - . The undersigned Applicant understands that the aPprOV41 Or disapproval by the City of Eden Prairie for Industrial Development bond financing does notortratt::!yotl.r1;p !:,:viljsriall • constitute any approval, variance, or requirement relating to any Jaing, building, or other or ordinance of the City of Eden Prairie, or any *tile A applicable to the property included in this project. • • Applicant • d"."•'*44 ApplIcant • August 15, 1979 _ • . 4E Date -7- . - :" • '::;11'1, • - • • • Z. RIIQG - TO BE COMPLETED BY THE CITY PLANNING DEPARTIaE PB i• ': a, roperZy fa zoned - '�- -Far b, Present coning " (is not) c• orrect for the• intended use. ,• c� zoning application received awt1SCP� is correct or the for r intern ea use. $': far ae►ces required i • • • • • • • • • • :.2,. ,.......,..:.,:,,, • • • • ., . . ,', .. „::..7.77.7.,:i.....,:.:',.......,,,.,'.",i,,:11, • ar -8- .1 e .• • ..., ..,. . ...F. MYx�i�R.� . . S�F,6 e, TO: Mayor and Council FROM: John Frans DATE: August 17, 1979 RE: MIDB'S - Anderson Lakes Limited - S3,575,000 • dames Sutherlin, dames Emison and Leonard Jaskowiak proposed to construct a 47,000 net leasable square foot office facility on the "Bac'Nnan-Anderson" reel north of Anderson Lakes. The project has an estimated cost of 8,.873,000, Mr. Sutherli:n is a major stockholder in Bac non Anderson wh ch Mtends to occupy 17,000 square feet. Mr, Emison and 'Mr. Jaskowiak are the owners of Western Petroleum Company which intends to occupy 1D,t� square feet. The balance of the project would'be Teased to others i"he property is zoned OFFICE which is correct for.the intended use. As Public Hearing could be scheduled for September 18, 1979. •. 0f� f 1 .1 , CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANT: Anderson Lakes, . a. Business Name Ltd b. Business Address - c/o Suite 1302utherlin • One Apple Tree Square Bloomington, NW 55420 c. Business Form (corporation, partnership, sole proprietor- . ship, etc.) - a general partnership • d. State of Incorporation or organization - Minnesota i I - e. Authorized Representative - James E. Sutherlin f. Phone - 853-8510 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: James E. Sutherlin 27720 Island View Road a" Excelsior, MN 55331 • James W. Emison b. 18702 Neathcote Drive • • Wayzata, MN 55391 Leonard G. Jaskowiak ill c. 2451 Francis South St. Paul, 111,1 55075 -..- -1-. • 1•3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Applicant was forced for the purpose of acquiring land and developing, constructing and shareholdernina multi-tenantn - An officeIbuilding ullhe line Project). n. rancerlinage 3 insurance agency specializing in property s17,000isq. Ft. inor the Project, • business, who will initially lease approximately Messrs. Liaison and Jaskowiak are co-owners of Western Petroleum Company, a wholesale distributor of0refineddt petroleum u pprodc t' who will initially • lease approximately 4. DESCRIPTION OF PROJECT : A 55,000 gross sq. ft. multi-tenant office building to be owned by applicant and leased to Bachman -Anderson, Inc., Western Petroleum Company, and other professional-type tenants. a. Iocationaud intended use: The Project will be located at 78th Street, West of County Road 18 on the NorthShor dof Andersen rters of toe aforementionedkes 1serve as an office facility for corpo firms and other professional firms. b. Present ownership of project site: James E. Sutherl in, as Vendee under a contract for deed. c. Names and address of architect, engineer, and general contractor: • Architect: Pope SAsso fates Inc. 533St. Paul, _MN 55102 Gen. Contractor: Krau6rand Ave.n of St. Paul, Co. . St. Paul, MN 55102 5. ESTIMATED PROJECT COST FOR: Land Building $ 2,700 000 Equipment $ 0 Other (const. est. & misc. $ 375,000 • fin. costs' Total $ z aT=2. ��-�° -•2— M •r) 1 . • 6. BOND ISSUE - • a. Amount of proposed bond issue - $3,375,000 b. Proposed date of sale of bond - October 1979 c. Length of bond issue and proposed maturities - 30 years, amortized monthly in eqpal installments with call provision at the end of 15 years. d. Proposed original purchaser of bonds - The bonds (note) 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 i purchaser - None in existence at this time. g. Describe any interim financing sought or available - To be provided by institutional mortgage lenders h. Describe nature and amount of any permanent financing in addition to bond financing - None 7. BUSINEESS PROFILE - Information applies to Bachman-Anderson, Inc. (BA) and Western Petroleum Company (WP) only, since other tenants have not been deter- mined as yet. a. Are you located in the City of Eden Prairie? No .b. Number of employees in Eden Prairie? N/A i. Before this project: N/A - -9- • ii. After this project? BA - 45 WP - 20 c. Approximate annual sales - on BBA - 125.05 mimi liion d. Length of time in business BA - sinc WP - since 9 is Eden prairie N/A ___ re. Do you have plants in other locations? I# so, where ' . WP - has several retail "service stations" throughout Minnesota BA - has a subsidiary ( Insurance Service Agent) in Du1uth. RN f. Are you engaged in international trade? No .. b . 8. otri intisTRIAL DEYEIdi 1T PROJECT(S): • a. List the names) and location(s) of other ind i rt ' development project(s) in which the Appa owner or a "substantial user" of the facilitieson 1 3C1►? "relented person" within the meaning of of the Internal Revenue Code. • None • • -#,- • FHH • • • Ir b.) List all cities in which the Applicant has requested / industrial revenue development financing. NONE • • ("47) Detail the status of- any request the Applicant has before any other city for industrial development revenue financing_ NONE . • • • • d, ist any city in which the Applicant has been refused industrial development revenue financing. • NONE • • • project n has ist any city {and the ro ect n me) where the Applicat acquired preliminary apA reread but in want A final approval authorizing the financing has been denied. • NONE 41, )40, 0 I 4 I. ' 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 7F officials who and the name(s) of appropriate city Have knowledge of the transaction. NO?E 9. NAIVES AND ADDRESS 07: A eirt or Mortga Broker: a" l� >1 >tftalXaiDUMXI Dougherty, Dawkins, Strand &Ekstrom, "Inc. 414 IDS Center Minneapolis, MN 55402 b. Private Placement Purchaser (If private placement) One or more institutional mortgage lenders to be determined. • 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. Mon applicable . • r b. Bend Counsel — Dorsey, Ilindhorst, Hannaford, Whitney & Holladay 2300 First National Bank Building Minneapolis, PR- 55480 a. Corporate Counsel — Barnett, Batelle, Hennessy, Vander Vort, • Stasel & Herzog 4624 10S Center Minneapolis, MN 55402 • d. Accountant - idot determined at this time. • • TO. IVITAT 1S l'O TARGET' DATE FOR: a. Construction start — September, 1079 - b. Construction completion - September, 1460 • FOR PURTIIEB INFC►RMATION CONTACT: • • 1 4 . . , . •.,".- :..4:,•:',"."'',`,.',::• ,:"....,7,,'.i.:'.1...-!7'....5,::'`,1"':':.,....'...; •...f,:. .."; '' '' '.- '' '`;',::''. 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''', : -17.4.;:-.,,I. l'ir',"."".7,77''''',7'-.',"'".';':tT,''••"2""''''."'''''''-&:-2,12,7-i.":"4"""-1''"'',-',1"-' "" ' ''2''":2""'''''''''''''''''''''''''''''''''''''''"'...:'"';' • . , ., .,. , .:,,, •;•.•:•-•',",,,1,-.::',::•.3....2-':-.-I-1,---•:.':,:7:'-1".""-----• .:''-':1:,,---',,,,..: :"'-',.'2"-" =11,221"''''' .z•':''''' '''...--.1.`-'.'''..,'-'7` I. _ „., , _ , _,.„,„ ,_ . . ,, . .— - -- • ..---'•. , . .., • , . • , .‘,„ :,-•::-.-;-..,...;,-,--!,...-.,.....,..-,-''.-.-;',..-;:::,-,-.;..-,-;1.,.;.--.-2_,•,t.-....r: ;..--....,'''-'-1- -- '-'''`:-...' -"'-"-''''..-'''- '`' --':'''''' . ,, . „....,... .,,,, ; ,•,.. .. ..,,,, • .. • • ••- • - — --•-•--- . „. . .- .. ..-- - - - - • -. - - . • •.... ., . - ; -,..., -••-r.,---.,7"--'—.•,.--.....--.--,---.--••,".'',....-4,-' '--''-'''-'-''''''''-''''L':7`.-;-''.2;---•'''''''''''s ''''''''''-';'. ' .. .: ,,,/,.. ,....;...,,. ...., . .• ,,...... ...,,;,...,,,."..'.. ;..--'...:•••!..:-.--.---,',.-"_------.--,.'......' ,"'''7.....,'„-':-'••.'"'' - ,. ,,,,,_ ... , - ." - - -• • -- -•.'- ; : - ---.• , --.,-- --,:-'.--••,-..i..-,!--....--. 'T-2':-...'71-s.-';'-'2::-;.---'"-•:-..-.'•.'...'-'`-'-'-' '''." ''''''-'''.--% ''''''' '''''''''''''''''.1...-.'"''''' . -.-.'..,-.;,....,.........E.:,1-,:':,-,.....,-;....•....-•.:::...--:-..?"'.4-..---:..---;,-. ".7.'--'-`,' 7'''-'7 '".-''•'1:-'''' ''''''' '"'"'Y2-..'*" '''''''''':' . • ' . • FOR FURTHER INFORMATION CONTACT: 11, James E. Sutherlin ....,. .•....-i,:,..1.... . • . l',.' The undersigned applicant understands that the approval or disapproval ...-, 47 the City of Eden Prairie for Industrial Develywnert Revenue Bond ....,,,,,.....-...; .... financing does not expressly or impliedli constitute any approval, variance, ,Y.. _....- variance, or waiver of any provision or requirement relating to anyt zoning, Inrileling, or other rule or ordinance of the City of Eden ..- Prairie or any other law applicable to the property included in this • project. ., : ',.."',7:•:,•....• 6 •,' . • Andeettpo Leteso Limited APPlitint :" ..:.-,...7 , MOOS" . r It --• + , AtaiaStc..11,,1970 • .1 . bate , ..... • ...'...,. ' " .:•.'".. • " - • , .. ‘..; ",:. • : . , . . . '...,:.' " * ! . " . . ... J t , . ' . . • . . . . '.. '' . ;',""'..,..'''';'''`!:.• -1 . ...., , . . : ., ..".• "^ 1 .. . . - ....., :t • 2.5 i3 .....- ' r'`.t.:"..'''''''.^ 77'.':'''''''''`'''''1." ','4e • . • (• . • . C Il. ZONING - TO BE COMMtPLETED BY THE CITY PLANNING DEPARTMENT • • • a. Property is zoned - of„(,e b. Present zoning is (is not) correct for the intended use. c. Zoning application received on for which is correct fdr the • intended use. d. Variances required - 7 C % ..)AfrilW • City Plana • • • • • • -8 �a� SfPTEMBER AGENDA JOINT FLYING CLOUD ADVISORY COMMISSION & CITY COUNCIL TUESDAY, SEPTEMBER 4, 1979 6:30 PM, CITY HALL ( COUNCIL MEMBERS: Mayer Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath FLYING CLOUD ADVISORY COMMISSION MEMBERS: Kent Barker, Sally Brown, Tom Faranda, William Gilk, Les Lewis, Norma-Schee and Claude Schmidt COUNCIL STAFF: City Manager Roger Ulstad and Planning Director Chris Enger I. IMPACT OF "A" AND "D" ZONES ON BLUFF'S DEVELOPMENT II. ADJOURNMENT CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 4, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF: City Manager Roger Ulstad; City Attorney • • Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, AUGUST 7, 1979 Page 2515 III. CONSENT CALENDAR A. Clerk's License List Page 2536 B. Set Public Hearing for rezoning Shady Oak Industrial Park (First) Page 2537 from 1-5 to I-2 for October 16, 19'79 C. Final plat approval for Shady Oak Industrial Park 2nd (Resolution Page 2538 No. 79-165) D. Final plat approval for Bryant Lake View Estates (Resolution No. Page 2540 79-166) IV. PUBLIC HEARINGS A. Bluff's West 3rd Addition by Hustad Development Corporation. Request Page 2542 to rezone Tram Rural to R1-13.5 and preliminary plat 166 single family homes on 84 acres. Located West of Homeward Hills Road, north of Bluff's West 2nd and East of B.F.I. Landfill and "A" and "8" zones of Flying Cloud Airport. (Ordinance No. 79-14 - rezoning and Resolution No. 79-96 - preliminary plat) Continued Public Hearing from 8/21/79 • City Council Agenda - 2 - Tues.,September 4, 1979 • B. Valley View Road West of Co. Rd. 4 and Dell Road Improvements, I.C. Page 2543 51-325 (Resolution No. 79-163) C. Cardinal Creek Phase 2 by Western Construction Company, Inc. Request Page 2551 to rezone from Rural to R1-13.5 and preliminary plat 30 acres into 28 single family lots. Located east of Cardinal Creek, north of Topview Acres, and south and west of Purgatory Creek (Ordinance No. • 79-29 and Resolution No. 79-158) O. LeParc by Jay Kohlrusch. Request to rezone from Rural to I-2 and Page 2570 " � preliminary plat 35 acres for an industrial park. Located north of Valley View Road and proposed Briarfield Estates, and south of Shady Oak Industrial Park 2nd Addition and EAU approval. (Ordinance No. 79-31 - rezoning, Resolution No. 79-160 - preliminary plat, and Resolution No. 79-161 - EAW) E. Mitchell Heights by Ryco Development, Inc. Request for PUD Concept Page 2604 approval and preliminary plat of 94 attached residential units on 15 acres zoned RM 2.5. Located east of Mitchell Road and north of Atherton Townhouses. (Ordinance No. 79-30 and Resolution No. 79-159) V. REPORTS OF ADVISORY COMMISSIONS } VI. PETITIONS, REQUESTS & COMMUNICATIONS • A. Petition from BanCon, Inc., regarding setback for Neill Lake Page 26 ! • Condominiums VII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 79-23 rezoning approximately 20 acres Page 2643 • from Rural to R1-13.5, Duck Lake Vista by Pierce & Associates, and developer's agreement • B. Repeal of Resolution No. 79-103 and adoption of Resolution No. 79-162, Page 2652 final approval for Municipal Industrial Development Bonds in the amount of $550,000.00 for Ruben Anderegg VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Proposed Draft of 1980 Budget 2. Authorization for representation in joint negotiations for a Page 2653 contract beginning January, 1980 (Local No. 49) 3. South Hennepin Human Services Council Page 2655 4. Discussion on revising hunting zones, amending Ordinance No. Page 2660E { 337 - Firearms Ordinance C. Report of City Attorney City Council: Agenda . 3 - Tues.,September 4, 1171 • D. Report of Director of Community Services 1. Topview Park Purchase Aeremnent Page 2661 E. Report of City Engineer LL�� andpp 1. Wood,iderCbids for for utility street-lm4) vements for Chatham Page 2663 2. Status report on Sell Road, I,C, 51•326 Page 2664 3. Status report on Crosstown extension Page 2668 F. Report of Finance Director 1. Request to set a. Public Wearing for Munici al 1n trial' Page 2669 rev 1:0( nt Bond appropal firr Fred.Falk & Robert r�ray $.n the amount of $1,ZOD,bOD. i`or Oc' ober 2: 1979 Page 2. Payment of Claims Nos, 5472 - 5624 2 680 IX. NEW BUSINESS • X. ADJOURNMENT. • • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL • TUESDAY, AUGUST 7, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: • Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; City Engineer Carl Jullie, and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: Al) members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS • The following items were added to the agenda as follows: III. F. Set Public Hearing for Cardinal Creek, Phase 2, for September 4: 1979; and VIII. A. 2. Request from residents in the Hidden Ponds area regarding the moving of a home into that area without appropriate City approval. The following items were moved from the regular agenda to the Consent • Calendar: VI. A. Request for approval of Alpine Estates 2nd Addition developer's agreement; VI. B. Request for approval of Preserve Center Addition Replat developer's agreement; VII. D. 2nd Reading of Ordinance No. 79-24 rezoning 4.4 acres from Rural to Office for a bank and office facility for Suburban National Bank and developer's agreement; VIII. A. 1. Appointment to the Waste Disposal Advisory Commission (Mayor Penzel appointed Councilman Edstrom with the consent of Council members; VIII. D. 1. Round Lake Park Development; • VIII. E. 2. Consider bids for Shady Oak Road improvements, I.C. 51-3448 (Resolution No. 79-T43; VIII. E. 3. Consider bids for improvements in Hipp's Mitchell Heights 4th; I. C. 51-353 (Resolution No. 79-144); and VIII. E. 9. Change Orderlio. 2, improvements in Lake Trail Estates, I.C. 51-315A. MOTION: Redpath moved,.seconded by Osterholt, to approve the agenda as amended and published, Motion carried unanimously. • II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JULY 3, 1979 MOTION: Edstrom moved, seconded by Osterholt, to approve the minutes of the City Council meeting held Tuesday, July 3, 1979, as published. Edstrom, Osterholt, Pauly and Penzel voted "aye"; Redpath abstained. Motion carried. III. CONSENT CALENDAR A, Clerk's License List IL B. Plans and specifications for temporary traffic signals at T.H. 169 (Resolution • No. 79-147)� C. Plans and specifications for improvements in Chatham Woods, I.C. 51-343 (Resolution No. 79-148) • City Council Minutes - 2 - Tues.,August 7, 1979 D. Set Public Hearing,for LeParc, J, C. Kohlrusch, for September 4 1979 E. Set Public Hearing for Mitchell Heights townhouses for September 4, 1979 F. Set Public Hearing for Cardinal Creek, Phase 2, for September 4, 1979 G. Request for approval of Alpine Estates 2nd Addition developer's agreement (formerly item VI. A.) H. Request for approval of Preserve Center Addition Replat developer's agreement (formerly item VI. B.) I. 2nd Reading of Ordinance No. 79-24, rezoning 4.4 acres from Rural to Office for a bank and office facility for Suburban National Bank and developer's agreement (formerly item VII. D.) J. Appointment to the Waste Disposal Committee (Mayor Penzel pppoir�tod Councilman Edstrom with the consent of Council members) - formerly item VIII. A. I K. Award bids for 2 emergency sirens (formerly item VIII. B.1.) L. Authorization to seek proposals for codification of ordinances (formerly item VIII. C.1.) M. Round Lake Park Development (formerly item VIII. D. 1) N. Consider bids for Shady Oak Road improvements, I.C. 51-344B (Resolution No. 79-143) - formerly item VIII. D. 2 0. Consider bids for improvements in Hipp's Mitchell Heights 4th, I. C. 51-353 (Resolution No. 79-144) - formerly item VIII. D. 3 P. Change Drder No. 2, improvements in Lake Trail Estates, I.C. 51-315A (formerly item VIII. D. 9) MOTION: Redpath moved, seconded by Pauly, to approve items 11 - p on the Consent Calendar. Roll Call Vote: Redpath, Pauly, Edstrom, Osterholt and Penzel voted "aye". Motion carried unanimously. IV. PUBLIC HEARINGS A. Shea rezoning request to rezone .8 acre from Rural to R1-13.5 for 1 existing house and 1 additional building lot. Located at 6991 West 192nd Avenue (Ordinance No. 79-25) Mice Shea spoke to the proposal and answered questions of Council members. Planning Director Enger explained this item was considered at the July 9th Planning Commission meeting and the Commission recommended the Council consider approval, which included the stipulations in the July 2nd Staff Report. MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and give a 1st Reading to Ordinance No. 79-25, rezoning .8 acre from Rural to R1-13.5 for 1 existing house and 1 additional building lot. Motion carried unanimously. City Council Minutes - 3 - Tues.,August 7, 1979 B. Sunset Crest by Audrey Buss,request to rezone and Qreliminary plat 1.35 acres from Rural to R1-13.5 for 1 existing home and 2 additional lots. Located north of Lotus View Drive and west of Tartan Curve (Ordinance No. 79-26 and Resolution No. 79-135) Planning Director Enger explained this item was considered at the July 9th Planning Coi fission meeting and the Commission recommended the Council consider approval of the rezoning and preliminary platting subject to the Staff Report dated July 3, 1979. Jayne Kuhar, legal counsel for the proponent, spoke to the proposal and answered questions of Council members. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and give a 1st Reading to Ordinance No. 79-26, rezoning 1.36 acres from Rural to R1-13.5 for 1 existing home and 2 additional lots, Sunset Crest by Audrey Buss. Motion carried unanimously. MOTION: Pauly moved, seconded by Redpath, to adopt Resolution No. 79-136, approving the preliminary plat for Sunset Crest by Audrey Buss. Motion carried unanimously. C. Opus II, PUD Revision, request to amend the Opus II PUD 74-06 for the expansion of American Family Insurance Building. Located northwest quadrant of Co. Rd. 62 and CSAH 18 (Resolution No. 79-137) Robert Worthington, Director - Planning & Governmental Affairs, Rauenhorst Corporation, spoke to the proposal and answered questions of Council members. Planning Director Enger explained this item was considered at the July 9th Planning Commission meeting and the Commission recommended the Council consider approval on a 6 - 0 vote that the PUD amendment be approved as per the material dated June 18, 1979 and the Staff Report of July 5, 1979,with the modification that a strong recommendation that any further parking development on the site incorporate the use of a parking ramp to decrease parking coverage of this area. Enger also spoke to the action taken by the Parks, Recreation & Natural Resources Commission at their July 16th meeting, whereby the Commission voted 5 - 1 that the Council consider approval of the proposal. The Planning Commission recommended approval of the concept of expansion of the buildings but with the concern when zoning information came in that the parking area be shown considerably smaller in order to preserve as much of the tree area as possible. MOTION: Pauly moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 79-137, amending the Opus II PUD 74-06 for the expansion of the American Family Insurance Building, stressing the recommendations by the Planning Staff and Planning Commission - particularly recommendation 8 in the Staff Report dated July 5, 1979. Pauly, Redpath. Edstrom and Penzel voted "aye", Osterholt voted "nay". Motion carried. D. Independent Millwork by Darkenwald Real Estate, request for PUD Concept approval of 8.30 acres for commercial and rezoning from Rura to Commercial for one lot. Located north of W. 78th Street, south of the Presbyterian Church and Lena Road residential area, and east of Eden Prairie Auto Body Shop. (Resolution No. 79-138 - PUD, and Ordinance No. 79-27 - rezoning) Gil Darkenwald, Darkenwald Real Estate, spoke to the proposal. Planning Director Enger outlined the past history of this PUD and explained this item was considered at the July 9th and July 23rd Planning Commission meet- ings. The Commission recommended approval of the rezoning and preliminary platting on a 5 - 0 vote, subject to the Staff Report dated July 5th and the other stipulations outlined in Motion 2 of the Planning Commission minutes dated l.n.. 92 1070 City Council Minutes - 4 - Tues.,August 7, 1979 • D. Independent Millwork by Darkenwald Real Estate (continued) Pat Fitzsimmons displayed drawings deoicting_the racquetball club plan. John Wolcott, 9508 Garrison Way, questioned how the idea for 5 parking spaces per court was arrived at. Enger explained that is what he has been able to determine as an industrial standard in other communities. Wolcott felt this was an excessive amount of parking to be required. MOTION: Redpath moved, seconded by Osterholt, to continue the Independent Millwork Public Hearing to September 18, 1979, to further explore the issues of: 1) uses of adjoining lots in greater certainty rather than the loose concepts which have been mentioned, 2) treatment and handling of storm drainage from an engineering standpoint and financial standpoint, 3) need for the extension of the road to the north and how it might interface with the properties to the north and also whether the presently platted location is the • most appropriate one, 5) detailed landscaping plan, and 6) screening and treatment of the mechanical equipment which will be required on top of the building, Motion carried unanimously. E. Old Farm!Addition, Dirlam Properties, request for PUD Concept approval of 14.8 acres for multiple residential uses and community commercial. rezoning from RM 2.5 to RM 6.5 and preliminary plat the property into 19 lots for four-plexes and 1 for future community commercial (Resolution No. 79-140 - PUD, Ordinance No. 79-28 - rezoning, and Resolution No. 79-141 - preliminary plat 19 lots and I community commercial) Don Peterson, Dirlam Properties, spoke to the proposal which is located at the intersection of Chestnut Street and Mitchell Road. The corner piece of ground is tied up in a life estate and the proponents are asking for PUO designation and no rezoning on the commercial corner with the idea that it could be brought back in as the market develops. The controversy at the Planning Commission has been over the commercial site. Mr. Peterson explained they proposed the commercial site because the Eden Prairie Comprehensive Guide Plan shows a neighborhood center somewhere in the general locality and felt because • of the location near a lot of housing units it would be a good location for a neighborhood covenience center. However, Mr. Peterson emphasized they are pretty much open to what the Council determines they would like to see in the area. City Planner Enger explained this item was first considered at the June 25th Planning Commission and was recommended to the Council for approval on a 6 - 0 vote for rezoning of 18 four-plex lots from RM 2.5 to RM 6.5 as per the Staff Report of 6/22/79 and brochure of May 1979 with modifications as follows: Lots 10 and 11, Block 1, be 'designated as an outlot with no recommendation for future use, and maintenance agreements be submitted. The Planning Commission also instructed the developer to work with staff and the landowner to the south to determine if an access to the southern property would be desirable, Enger noted Staff has met with the property owners to the south and resolved the question. General discussion took place as to the pros and cons of a commercial site being located in the site under consideration. Sandra Shepherd, 14242 Chestnut Drive. spoke against the covenience center as she felt Penny's was close enough for the people to shop at. John Wolcott, 9508 Garrison Way, questioned the size of the covenience center. Pen-el replied the covenience center would consist of 6,000 square feet. City Council• Minutes - 5 - Tues„August 7, 1979 E. Old Farm Addition (continued) MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 79-140, granting PUD concept approval on 14.8 acres for multiple residential uses (RM 6.5). Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to give a 1st Reading to Ordinance No. 79-28, rezoning 14.8 acres from RN 2.5 to RM 6.5 for 20 four-plexes for the Old Farm Addition, Dirlam Properties. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-141, approving the preliminary plat consisting of 20 lots for residential use. Motion carried unanimously. MOTION: Redpath moved, seconded by Osterholt, to direct staff to draft a developer's agreement including 20 four-plex units incorporating items from the June 20th Planning Staff Report and recommendations of the Planning Commission from meeting held June 25th. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI. PETITIONS, REQUESTS &COMMUNICATIONS A. Request for approval of Alpine Estates 2nd Addition developer's agreement S This item was moved to the Consent Calendar (III. G.). B. Request for approval of Preserve Center Addition Replat developer's agreement This item was moved to the Consent Calendar (III. H.). VII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-41 approving the request for rezoning from Rural to R1-13.5 on 108 acres for Bluff's West 2nd Addition by Rusted Development Corporation, Dr. & Mrs. Brandt and B.E.I., and developer's agreement Edstrom stated he learned yesterday after some inquiry that his firm has a small relationship with Hustad's, and since his firm has been retained for unrelated real estate matters in Eden Prairie under the circumstances, even though he is not involved, Mr. Edstrom felt it would be appropriate for him to abstain on this matter. Penzel requested modification of the plat prior to filing so the streets may be given proper names. City Attorney Pauly explained since the developer's agreement was drafted the City has been presented with a further draft of the preliminary plat and pare- graph 19 of the agreement refers to a 15 acre parcel to be conveyed as a park. Pauly suggested that the approval include a reference to the 15 acres as being Out1ot A of the proposed plat of Bluff's West 2nd Addition. The proponents and Council concurred with the change as outlined by Mr. Pauly. MOTION: Redpath moved, seconded by Pauly, to approve the 2nd Reading of Ordinance No. 78-41, approving the request for rezoning from Rural to R1-13.5 on 108 acres for Bluff's West 2nd Addition by Hustad Development Corporation, Dr. & Mrs. ir:i4 City Council Minutes - 6 - Tues.,August 7, 1979 A. 2nd Reading of Ordinance No. 78-41 (continued) Brandt and B.F.I. Redpath, Pauly, Osterholt and Penzel voted "aye", Edstrom "abstained". Motion carried. MOTION: Redpath moved, seconded by Osterholt, to approve the developer's agreement for Bluff's West 2nd Addition including the suggested change outlined by City Attorney Pauly. Redpath, Osterholt, Pauly and Penzel voted "aye", Edstrom "abstained". Motion carried. B. 2nd Reading of Ordinance No. 79-01, rezoning 10 acres from Rural to C-Commgrcial located in the southwest quadrant of Anderson Lakes Parkway and County Road 18 for Super Valu Shopping Center, and developer's agreement (continued from July 17, 1979) Penzel asked City Manager Ulstad how the modifications by Super Yalu respond to the Council's questions and to the letter submitted by the homeowner's attorney. Ulstad replied the concerns the legal counsel of the homeowner's association presented were basically screening and lighting, and the proponent is in a position to talk about the changes which are being proposed for both. The parking in the legal counsel's communication speaks to 5.8 parking spaces per thousand that were approved in the PUD and they referred to the ordinance requiring 8 spaces per thousand square'feet. This situation has been reviewed by Staff with the Planning Commission with other like uses in the general area and they arrived at a parking ratio which is felt to be adequate. The proponent is also prepared to speak to the request that the shopping center be closed at midnight. The last request was that a signal be installed at Garrison Way and Anderson Lakes Parkway which staff feels is very difficult to comply with and also very costly at this time. City Engineer Jullie spoke to the intersection of Garrison Way and Anderson Lakes Parkway, stating that he did drive out and there is a site distance problem now,but believes it is primarily due to the growth of sumac along the steep slope and probably some grading and cutting back of the vegetation will greatly improve the site distance. Doesn't feel there is warrant for traffic signals. John Wolcott, 9508 Garrison Way, Mr. b Mrs. Frank Pfau, 9400 Garrison Way, and Fred Shuberg, 9405 Garrison Way, feel the Super Yalu Shopping Center as proposed would present a dangerous traffic situation, especially for those people living in Garrison Forest as the hill is too steep and grading would not alleviate the problem. Penzel asked with some redesign of the intersection and adjustment of the grades if the problem can be alleviated. Jullie replied in the affirniative. Don Hadd, 9805 Garrison Way, stated he thinks the developer has done a good job on a majority of the items that were questionable. The major problem is traffic and Mr. Hadd feels something can be done with Anderson Lakes Parkway by filling in the dip and widening a small portion of the roadway and putting in a stop- ( light to help prevent someone from being killed or seriously injured. MOTION: Redpath moved, seconded by Edstrom, to approve the 2nd Reading to Ordinance No. 79-01, rezoning 10 acres from Rural to C-Commercial located in the southwest quadrant of Anderson Lakes Parkway and County Road 18 for Super Yalu Shopping Center. Redpath, Edstrom, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. .2620 City Council Minutes - 7 - Tues.,August 7, 1979 • • B. 2nd Reading of Ordinance No. 79-01 (continued) MOTION: Redpath moved, seconded by Edstrom, to approve the developer's agreement incorporating the changes in the plan as shown and that prior to the issuance of building permits that the City has a resolution of the site distance problems on Garrison Way. Redpath, Edstrom, Pauly and Penzel voted "aye", Osterholt voted"nay". Motion carried. C. 2nd Reading of Ordinance No. 79-18, rezoning approximately 17 acres from R1-22 to R1-13.5 for Topview Acres 4th Addition by Miller's and developer's agreement Mayor Penzel referred to alteration in the developer's agreement which Mr. Jerrold Miller has requested. Mr. Miller spoke to his request that only if the proposed trail were to continue completely around the lake at the 876 level and the City has easements from all property owners fronting the lake, will he and his wife agree to execute the agreement. Mr. Miller further commented he has never received any notices of Public Hearings on Cardinal Creek and after checking with City Hall he learned none of the people on the south of Cardinal Creek received notices. Karen Hanson, 13008 Gerard Drive, also stated they have not received any notice or word of a Public Hearing on Cardinal Creek, and were told when they appeared at the Parks, Recreation & Natural Resources Commission it was too late for them to have any input because they had not appeared at the Planning Commission. 11 Penzel requested staff look into the matter of lack of notices for Public Hearings. MOTION: Osterholt moved, seconded by Redpath, to approve the 2nd Reading of Ordinance No. 79-18, rezoning approximately 17 acres from R1-22 to R1-13.5 for Topview Acres 4th Addition by Miller's. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to approve the developer's agreement including the changes proposed by Mr. Miller: Motion carried unanimously. Council recommended the proponents of Cardinal Creek meet with the property owners south of the proposed residential plat to answer any questions and concerns regarding the layout and proposed street patterns. John Reedy, 7262 Gordon Drive, requested that residents living in Topview be informed of future hearings for Cardinal Creek. Council directed staff to send notices as requested by Mr. Reedy. D. 2nd Reading of Ordinance No. 79-24, rezoning 4.4 acres from Rural to Office for a bank and office facility for Suburban National Bank and developer's agreement This item was moved to the Consent Calendar (III. I.). VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment to the Waste Disposal Advisory Committee This item was moved to the Consent Calendar (III. J.) 11,121 • City Council Minutes - 8 - Tues.,August 7, 1979 2. Request from residents in the Hidden Ponds area regarding the moving of a home into that area without appropriate City approval 111 Penzei spoke to the issue of the moving of a ready built house into Eden Prairie which was brought to his attention Monday evening upon the arrival of the structure in the Hidden Ponds 2nd Addition. The neighbors felt this particular structure creates a lot of contrast to the existing homes in the neighborhood. A variety of questions were raised by neighbors as to the appropriateness of this structure being moved on to the site, i.e., concern about the nature of the placement of the unit, it is totally unprotected and not fenced, and the lot it was placed on is muddy and unsafe. Penzel explained in discussing this matter with Wally Johnson, Building Inspector, this morning, the City has not issued a permit to move that structure on to the site. Penzel further stated he requested Mr. Johnson look into an amendment to Ordinance No. 176 with City Attorney Pauly which would regulate the movement of fully constructed homes, and asked the Council to concur with the request to instruct staff to develop necessary background information and, if it is feasible, a possible amendment to Ordinance No. 176 which would give the City the power of review of such a proposed move prior to the next occurrence, MOTION; Osterholt moved, seconded by Redpath, to instruct staff to take whatever appropriate remedial action as is necessary under the City's ordinances toward correcting the violations of existing ordinances, and report back to the City Council on August 21, 1979. Motion carried unanimously, 111 Mrs. Fischer, 18830 Partridge Circle, stated she would like some way for people in the community to be notified when a home is going to be moved into their neighborhood before it actually happens. Bev Cronk, 1.:95 Pheasant Circle, commented the man who bought the lot and the contractor are the same according to information which she received at City Hall, Also the size of the home moved into the area is the same as shown on plans at City Hall, Jim Asselstine, 7205 Green Ridge, explained the neighbors are concerned that the house does stick out in the street and is a hazard to children. Penzel stated he has asked Wally Johnson to attempt to find out who has control of the house at the moment and to assure that some protective fencing be placed around the unit as quickly as possible, Carol Ellison, 18925 Pheasant Circle, asked how the neighbors could find out what will be happening to the house, Penzel asked that a sheet of paper be circulated throughout the Council chambers and a letter will be sent informing the neighbors of the progress. Jim Strom, 7284 Tartan Curve, asked that the situation be looked at immediately to get the best remedy because as time goes on the more permanent the structure may become. City Attorney Pauly stated he would look into the situation first thing Wednesday morning. Vern Skallerud. 7350 Green Ridge Drive, questioned if an injunction can be filed by the people in the community to stop the house from going in. City Attorney Pauly replied under certain circumstances injunctions may be obtained by persons that are affected by a violation of zoning and building codes. There are cases whereby such injunctions have been granted to individuals. However, Pauly stated, be does not know if this is one as he doesn't know enough of the facts to have en opinion. IK73 • • City Council Minutes - 9 - Tues.,August 7, 1979 3. Cable TV • Councilman Redpath spoke to Resolution No. 79-150 and requested the Council to consider adoption of same. MOTION: Pauly moved, seconded by Edstrom, to adopt Resolution No. 79-150, approving the Joint Franchising Process. Motion carried unanimously, B. Report of City Manager 1. Award bids for 2 emergency sirens This item was moved to the Consent Calendar (III. K.). • C. Report of City Attorney • 1. Authorization to seek proposals for codification of ordinances This item was moved to the Consent Calendar (III. L.). D. Report of Director of Community Services 1. Round Lake Park Development This item was moved to the Consent Calendar (III. M.). 2. Petition from Topview neighborhood City Manager Ulstad explained a number of people who live in Topview stopped in to the City Hall to discuss the history of Topview relative to a tot lot. Staff suggested to the people that were in the office that possibly a petition outlining their reasons for requesting acquisition of a smaller park in that area be submitted to the City Council and also to • the Parks, Recreation & Natural Resources Commission, which they have done. (Petition attached as part of minutes) Ulstad further spoke to the action taken by the Parks, Recreation & Natural Resources Commission on August 6th that the Council direct City staff to study the suitability of the site for a mini park and if the site • is suitable allow the staff to contact the owners on an acquisition price to be reported back to the Commission for further recommendations. The site is described as Lots 14 and 15, Block 1, Topview. Penzel called the Councils attention to a letter from David 11. Ekback, 7255 Gerard Drive, which speaks to the proposal and generally opposes it as • being too narrow to meet the needs of the Topview area and he is suggesting the City look at something larger than the two lots, and something where the acquisition and development costs might be less expensive than the two residential lots requested in the petition. (Attached as part of minutes) • John Reedy, 7262 Gordon Drive, recapped the history of the Topview area and spoke on behalf of the petitioners requesting the Council consider the acquisition of Lots 14 and 15, Block 1, Topview, for the establishment of a mini park, as he feels there is no other choice for easily accessible property for park land in the Topview area. MOTION: 0sterholt moved, seconded by Redpath, to instruct staff to contact the owners of Lots 14 and 15 in Topview to obtain price quotes for what they would be willing to sell their property for. Motion carried unanimously. +b24 City Council Minutes - 10 - Tues.,August 7, 1979 MOTION; Pauly moved; Seconded by Redpath, to continue the Council meeting past the 11:30 PM scheduled adjournment time to no later than 12:00 Midnight. Notion carried unanimously. 3. Letter from Eden Prairie Athletic Association • City Manager Ulstad spoke to the communication from the Eden Prairie Athletic Association indicating their need far additional space for ball fields and their request that the Council consider instructing staff to negotiate for additional fields at Flying Cloud. MOTION: Osterholt moved, seconded by Redpath, to instruct Staff to negotiate with the Metropolitan Airports Commission for additional space needed for more fields at Flying Cloud. Motion carried unanimously. 4. Counter offer on Milkovich property Penzel explained Mr. Milkovich has counter-offered the City's offer of $86,000 to $92,500, which is the appraised value of the property. MOTION: Osterholt moved, seconded by Redpath, to counter-offer at one-half the cost of the real estate commission to be deducted from the $92,500; however, if the law requires that the City pay the full amount that staff be authorized to pay the appraised value. Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. S E. Report of City Engineer 1. Final plat approval of Bluff's West 2nd Addition (Resolution No. 79-149) MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-149, approving the final plat of Bluff's West 2nd Addition with the stipulation that the streets be designated properly. Osterholt, Redpath, Pauly and Penzel voted "aye", Edstrom "abstained". Motion carried. 2. Consider bids for Shady Oak Road improvements, I.C. 51-344B (Resolution No. 79-143) This item was moved to the Consent Calendar (III. N.). 3. Consider bids for improvements in Hipp's Mitchell Heights 4th, I.C. 51-353 (Resolution No. 79-144) This item was moved to the Consent Calendar (III. 0.) 4. Consider bids for seal coating, I.C. 51-339 City Engineer Jullie spoke to his-memo dated August 6, 1979, recommending awarding of the contract to Allied Blacktop Company, the lowest responsible bidder, in the amount of $48,870.00. MOTION: Pauly moved, seconded by Redpath, to award the bids for seal C coating for I,C. 51-339 to the lowest responsible bidder, Allied • Blacktop Company, in the amount of $48,870.00. Roll Call Vote: Pauly, Redpath, Edstrom, Osterholt and Penzel voted "aye". Motion carried unanimously, City Council Minutes - 11 - Tues.,August 7, 1979 5. Revised preliminary plans for traffic signs at Co. Rd. 1$ and Anderson Lakes Parkway, I.C. 51-338 (Resolution No. 7934) Continued from July 17, 1979 MOTION: Redpath moved, seconded by Pauly, to adopt Resolution No. 79-134, approving the revised preliminary plans for traffic signal at Co. Rd. 18 and Anderson Lakes Parkway, I.C. 51-338. Motion carried unanimously. 6. 100% petition from Jason Investment Company for extension of storm sewer on 69th Avenue, I.C. 51-344 (Resolution No. 79-145) Councilman Edstrom indicated that he would abstain from voting on this matter due to a conflict of interest. Mr. Edstrom and his law firm act as counsel for Jason-Mork Industrial Properties, the petitioner, and for Jason Investment Company, the General Partner of the petitioner. In addition, Mr. Edstrom's brother is the President and a s4gnificant stockholder of Jason Investment Company. MOTION: Redpath moved, seconded by Penzel, to adopt Resolution No. 79-145, receiving 100% petition, ordering improvements for Jason Investment Company Storm Sewer (I.C. 51-344A). Redpath, Penzel, Osterholt and Fenzel voted "aye", Edstrom "abstained". Motion carried. 7. Feasibility Report for Valley View Road extension west of Co. Rd. 4. I. C. 51-325 (Resolution No. 79-146) City Engineer Jullie spoke to Resolution No. 79-146 and answered questions of Council members. MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 79-146, receiving the feasibility report and calling for a Public Nearing for September 4, 1979 for I. C. 51-325, Valley View road extension west of Co. Rd. 4, including portions of Dell Road plus utilities. Motion carried unanimously. 8. Change Order No. 1 to provide granular backfill material, Shady Oak Road improvements, I.C. 51-344A City Engineer Jullie spoke to Change Order No. 1, commenting he is not sure the granular is present or not, and would like to have this Change Order approved in case the granular doesn't appear he would have authority • to bring the material in. MOTION: Redpath moved, seconded by Edstrom, to approve Change Order No. 1, Shady Oak Road improvements, I.C. 51-344A, in the amount of $110,000.00. Roll Call Vote: Redpath, Edstrom, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. 9. Change Order No. 2, improvements in Lake Trail Estates, I.C. 51-315A This item was moved to the Consent Calendar (III. P.). • City Council Minutes - 12 - Tues.,August 1, 1919 • f. Report pf Finance Director I 1. Request to set a Public Hear#n9 for Mm#c1pal Industrial Developmentnt land approval for Rf in Murray 0#nice- a house Project in the amou $1,1 6, 0.00 for agep$ember 4, 1919 City Manager Ulstad explained the attorney for the proponents have called and asked that this item be withdrawn from the agenda, Council concur with request of the propuna is to withdraw the request from the agenda. F. 2. Payment of Claims Nos. 5042 - 5266 NOTION: Osterholt moved, seconded by Edstrom to approve Payment of • Claims Nos. 5042 - 5266. Roll Call Vote: Osterholt, Edstrom, Redpath - and PenzeT voted "aye", Pauly "abstained", :Motion carried. . . IX. NEW INE$$ X. Ap5IgURNMENT MOTION; Redpath moved b. onded by Edstroa, to adjourn the Council Re ttng a4'b 11:55 Motion carved unanimously. C • • • • • no 3 �--j ^i2Elconstruction company OF MINNESOTA INCOFPORATEO August 3, 1979 • Mr. Roger Ulstad City Manager • City of Eden Prairie • 8950 Eden Prairie Road Eden Prairie, Mn. 55343 re: Super Valu Center Eden Prairie, Minnesota Dear Roger: • As you know, we have previously signed a Developer's Agreement for the above project. This was sent to you with a cover letter dated July 10. Be- cause of the expressed concern of the mayor and city council regarding the 411 adjacent residential neighbors, we are prepared to make the following additional concessions and include than in a.revised Developer's Agreement: 1.) We have, at the direction of your planning department, increased the landscape planting in the green areas facing the adjacent residences to make our berms and wood screens more pleasing aesthetically. The wood screen has been extended on the south side of our east property line to completely screen the parking area from the existing resident at this location. We have revised our drawings and will be prepared to show and explain these changes at Tuesday • • night's council meeting. 2.) We have lowered the exterior lighting level for our parking lot from 2' candles to 1' candles and are proposing to use Gardco Formten high perform- ance, sharp cutoff luminaire as submitted to your planning department. The light standards are 20' in height, but with the proposed parking lot elevations, will be from 3' to 8' lower than the top of our center which, of course, must be completely screened from all immediate residences. 3.) We will agree to restrict the operating hours in the shopping center to from 6:00 A.M. to 11:00 P.M. The 6:00 A.M. opening is important to the • breakfast trade in the restaurant in Jerry's Super Valu. If competition within a three-mile radius operates on a more extended hours basis. we want to preserve the right to come back to the council and request an extension of these operating hours. This would, of course, let more accurate judgment be made on our completed building, landscaping, screening and operations. As per our July 10 letter, it is our understanding this $70,000 contribution for traffic signs and intersection improvements will be assessed. Also, the restriction of deliveries in item 19 from the hours of 10:00 P.M. to 6:30 A.M. would not restrict customer parcel pickup between the hours of 10:00 P.M. and 11:00 P.M., or necessary standard maintenance. such as snow removal. ►10 . , ! ME OFFICE RYAN BU0.0lNG,HI©DING,MINNESOTA 55745—TEIEF'HfNIE 21&263 68:r, • • • 0 Mr. Roger Ulstad August 3, 1979 Page 2 • • We believe these concessions will help to create a more pleasing environ- sent for the adjacent residences and a high quality shopping center Eden Prairie cen be proud of. • truly yours, . .r CONSTRUCSI . • R. Ryan co President . Ijw. IM • • • • • • • • • • 25417 • • • Hon. Wolfgang Penzel. Mayor Eden Prairie City Council City Hall Eden Prairie, Minnesota 553�+4 August 7, 1979- Dear Mayor Penzel, I am writing to you in regard to a proposed Park Board recommendation for a Mini Park to be located in Topview Acres, third addition. As a resident of Topview Acres, located at 7255 Gerard Drive, I have a keen interest in this matter as the property deemed most suitable by the neighborhood group lies adjacent to my property. Let me preface, I am not against parks, nor children, nor places for children to play. I am however, strongly against this particular park proposal. I have patiently and diligently listened to all the discussion put forth on this matter at the recent Park Board meeting of 6 August 1979. The discussion was both informative and interesting. After tracing the potential park in this area over the y-ars and 411 learning that all that is now " over the dam ", including the mistake of not purchasing five designated lots for a neighborhood park which would have included facilities for baseball. tennis, basketball. etc., the discussion switched to the need for a Mini Park to be located on Gerard Drive , lots number 14/15. The - - " need stated for this area was to set aside a portion of land on which children could play. Discussion disclosed the number of • homes in the area, the number of children per home-and concluded that because of the number of children a park site was in fact needed. However there are some interesting drawbacks to this arguement. It appears that a vocal minority want their needs met without the consideration for the total neighborhood and the community as a whole. In discussion it was pointed out that there were some 150 children in 94 homes or a ratio of 1.5 children per home. Each home in this neighborhood is situated on one half acre of land or more. With this ratio of children per home to the amount of land it would app ar that there should be enough room for children on existing profeties. Also, to purchase the said property at an estimated price of $ 36.000 • plus the improvements needed in the site, proper equipment for a I4ini Park for young children,landscaping to a level comparable to the rest of the existing neighborhood. and proper maintenance could cost well over $ 1.000 per child. This seems to be a very high price to pay to discriminate against the rest of the residents of Topview Acres; the older resident with no children and the young who have no children but who like everyone else are paying for park services but getting very little in return. • 2, trust that you Mayor Fenzel. as well as members of the cif council., tsi►i C , slot be myaptic in your judgements but will consider what is •it the best interests of the nerhood and oity as a whole. Sores and surrounding d v loping areas like Cardinal Creek 'tlt#d ramose where the young can come to play. where tee?ne and sNdacan some to exercise, play base. soccer, i'ag stow, ile ,where Senior's can come to walk and enjoy the beauty of the area as • •;.'Weill al Natures wonders. • jolly recognise that a facility of this maguttade is etrehhtve. it Will ill the long run meet the needs of more of yot4 100tuktltursitts rather than a smell minority. Please 'do not allow > 'e ,make the acme mistakes that have been made in the 'past.. ;;tha tiles to lauild are' develop facUltnies which ure..gtered to than fl'k lwattyr gapes where families can come and ha? ;p" .F;toitiokiter, not lump -haee a convenient babyalttEX t Let, ttt t3 a it3 ttri • lee at;tt i of the Wit! Be progressive' meet theit At . •, grow: city today. • X*.iii.ier desire that with the development of neighbor ims co-Olitt1i osn hare ;such a facilities that would be beileft03.1,1 to that you will register my objection to the ltraet+an^b prapoa sc� snd w give careful consideration to the nerds of this area. alai slyirgofeji61,1-'41ei „. W. Ekbaok • 20 • mm • July 30, 1979 Eden Prairie City Council City Fall Eden Prairie, '.Ynnasata . bear Councils Ile the follcwin7, residents of Trpvicw Acrew 2nd and 3rd additions rccuoot the City fo !Yon Prairie to rnzrchc:e Lots Zia and ls, ?lock 1, ^cpvien 3 for t1':8 much needed use of a"in;. Park in our Topview Area. There are several reasons for this request: 1. Our area consists of 94 houses and 147 children under 18 years of age. 2. there are no park areas within walking or safe bike riding distance for the residents of our area. 57 3. Cur arca is an established area as contrasted with the newly developing areas and auparently foresight in planning was not given to our area to provide adequate park space. 4. Cur area pays equal or greater tm'e than any other area: • our aria and we feel 5. Cram�roial establishments are infringing upon the noney they will be giving the Park and ?ecreation 1epartnent should bens' t our Toone first since un _11 be the ioost g.cEtlr affected by then. 6. Presently the only area for aplayground on 7teelse to meet is on the street. This is not only teaching our children to play in the streets, but is a safety hazard not only to the children but also to the Motorists. The Ti.ni t^ar?t we desire should not be costly, nor do we desire e1r'7•r•7.f•c facilities. f°uu' basic desire is to obtain an area sii_lar to lots 11. and to leave this land pretty ouch in its natural state exoe-;t for occ n1 1a rnr e in;, during the s ur oer End floodinr, of the land for an ice rink in tbo ' winter. This area world then he conducive to such nei<fi',orrood activities football, baseball, soccer, etc. '?e think this request deservos the ±e date attention of the Connell sE the need is well established for this type of oini oar:.. 'urthe: ore, withent quick action, this space will no longer be available in this area. Sincerely, 5 1 • . 7114_ 4104 Ptc..... 2deix iR 77/ a e 440 Es+Y+.a E E.1; .C niv43 0---JA 4, 1 a 7 G ? Grae,,,,, ,,�,,a,, Z Ake Y Y61,4 P- P 7/4/ --ro-f....4.„,- g_A 1 tF) .,,, :,,,. ,irnit 4 Qpiti,\ 0 04,44..„ _ .-po....7-12---;,-. . . Rd, e. 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( 5 2 73o -., . . . / 76.o 0 allai dsc4 i 1 (-1.- 4::::: c...,-...1......".• ..., I /I ''• ., ///n7. /26 o I/ f6 r : (21.4f 61/4/ ff11,246-4-‘44, I 10441 691'10V ?f 51 gre,0411 4, ! s. ig ..„4. 7t)3 . ate iy. - tklAsiajA. 7/).3 glf5L."I .• 6' :,' 40,44.0) .t ti,,. /A.4...,e,,L.ei ?..i.r..g.e,e) ,.. ,. ,. . <u-• .0 ,44�icit.) 7,1s4 ..t-/�i,. .1. 7 >, 1/ _- ettAidtai i2 ?io Vr 4 e— 4:1 Ci!t 4/t'k v v--) `U 1.-2 7 r" llC;�.,,L) y C ,-L CA.,,) d 73c ,_LPL j lal 7 0 21. - fr ,1!-L4!.'�tV i f4.<t S.t p- .i• a. a r . a. - • • a 7A.r7 •r'-z , • A. ),cr • � iteeie • /gator ,itre-40-ki.tfotte.4.e.' 74sa • • S • • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST SEPTEMBER 3, 1979 CONTRACTOR (1 & 2 FAMILY) .FOOD ESTABLISHMENT TYPE.B R &R Builders Mark's Eden Prairie Standard TIE Construction Company VENDING MACHINES RAB N6 Mark's Eden Prairie Standard H. I. S. Plumbing Co. Inc. Le Vahn Brothers Inc. • CAS FITTER Abel Heating • Jerry's Mechanical T. J. Heating & Air Conditioning HEATING AND VENTILATION Jerry's'Mechanical T. J. Heating & Air Conditioning • MECHANICAL DEVICE Northwest Cinema Corporation CIGARETTE AND TOBACCO Mark's Eden Prairie, Standard • PLEASE NOTE CORRECTION: Wilder Design & Construction Inc. These licenses have been approved by the department head responsible for the licensed activity. 'L) v ��HvZ1L Cindye, Licensing Clerk .Z • • *chef/id qit! dOn . aeon tt*u'VC w ROAD (Deb PRAIRIE.MIMNESQTA e6343 TELEPHONE term 9 4909 ';.::::',......- • tails 3'`' . August 31, 1979 • Mr. •Robert ul start, Mayer • and The City(CoOncil City of Eden.prairie 895ft'Eden Prairie Road Eden Ffraiwie, lilt 83 . , R8 Shad Oak Industrial Park Addition • Gentlemen: The Planning Comniissinn recently took action on Shady flak Industrial Retrk Addition rezoning. therefore,!would respectfully request the City'Council to set.A Public Hearing at their earliest convenience. •Yours very truly, . ;',,,,,,ogottiriteor,...,,..._ e rd W. Anderson tot .....,:,,,,,,..'....,.' • • • • .12 Sept. 4, 1979 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 79-165 • A RESOLUTION APPROVING FINAL PLAT OF SHADY OAK INDUSTRIAL PARK SECOND ADDITION WHEREAS, the plat of Shady Oak Industrial Park Second Addition has been sub- mitted in the manner required-for platting land under the Eden Prairie ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and _ _ - WHEREAS, said"plat is in all respects consistent with the City plan and the regulations and requirements of the laws of. the State of Minnesota and-ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN :PRAIRIE: • A. Plat Approval Request for Shady Oak Industrial Park Second Addition • is approved upon compliance with the recommendation of_'th..g.City Engineer's Report on this plat dated August 29, 1979. • B. That the City Clerk is hereby directed to file a certified copy othis f trar ofsolution in the Titles for t ierffice use as the required requireeddister of Deed d by NSA 4622.3 , Subd 3Rs- C, That the City Clerk is hereby directed to supply a certified coif of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Evpr14te the certificate of approval on behalf of the City Council upon ccm- • pliance with the foregoing provisions. ADOPTED by the City Council on • Wolfgang H. Penzel, Mayor ATTEST: SEAL • o raise. er • �? • - S CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jul lie, City Engineer DATE: August 29, I979 SUBJECT: SHADY OAK INDUSTRIAL PARK SECOND ADDITION PROPOSAL: The developer, Richard W. Anderson, Inc., is requesting City Council approval of the final plat of Shady Oak Industrial Park Second Addition. The plat contains approximately 12 acres divided into 3 lots and included dedication of Shady Oak Road to T.H. 169-212. Outlots A and B are resultant residue parcels from the acquisition of right- of-way for Shady Oak Road and will be included in future platting of the Shady Oak Industrial Park PUD. HISTORY: The preliminary plat was approved on June 5, 1979, per City Council Resolution #79-110. Zoning to I-2 Park was finally read and approved by the City Council on July 13, 1979, per Ordinance 79-19. The Developer's Agreement referred to within this report was executed on July 13, 1979. ' VARIANCES: Any variances requested must be processed through'the Board of Appeals. UTILITIES AND STREETS: The City has awarded contracts for the installation of all public streets and utilities iwthin the plat. The developer is responsible for completing all site grading prior to the installation of these utilities. PARK DEDICATION: Requirements for park dedication are covered in the Developer's Agreement BONDING:No bonding will be required for this plat. A cash deposit will be required to cover the cost of street signs and installation and main- tenance of street lighting for two years. RECOMMENDATION: Recommend approval of the final plat of Shaky Oak Indus- trial Park Second Addition, subject to the requirements fo this report and the following: 1. Receipt of cash deposit for street signs in the amount of $390. 2. Receipt of cash deposit for street lighting in the amount of$590.40 A63 • CITY OF EDEN PRAIRIE Sept. 4, 1979 HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 79-166 • A RESOLUTION APPROVING FINAL PLAT OF BRYANT LAKE VIEW ESTATES WHEREAS, the plat of Bryant Lake View Estates has been sub- nrTited in the manner required for platting land under the Eden Prairie Ordinance Cede and under Chapter 462 of the Minnesota Statutes and all proceedings have been dtiiy:had thereunder, and WHEREAS, said plat•is in all respects consistent with the City plan and regulations and requirements of the laws of the State of Minnesota and ances the City of Eden.Prairie,. . . . NOV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Bryant Lake View Estates is approves upon compliance with the recommendation of the City Engineer's Report on this plat dated August 30, 1979 B. Variance is herein granted from City Ordinance No. 93, Sec. 8, Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for thier use as required by MSA 462.358. Subd. 3. • D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. - ADOPTED by the City Council on • Wolfgang H. Penzel,-Mayor ATTEST: SEAL II John D. Frane, Clerk CITY DF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: August 30, 1979 SUBJECT: BRYANT LAKE VIEW ESTATES PROPOSAL: The developers, Thelma Haynes and Bruce Haynes, are requesting approval of the final plat of Bryant Lake View Estates. This is a 26 lot single family plat containing approximately 23 acres located northwest of Bryant Lake and east of Beach Road. HISTORY: The preliminary plat was approved on April 4, 1978, per City Council Resolution #78-60. • Zoning to R1-22 was finally read and approved by the City Council on May 2, 1978, per Ordinance #78-19. The Rezoning Agreement referred to within this report was executed on May 2, 1978. • VARIANCES: Variance from Ordinance 93, Sec. 8, Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. UTILITIES AND STREETS: Municipal utilities and streets and walkways will be installed by the developer in conformance with the requirements of Eden Prairie Standard Specifications and items 1, 3, 4, 7,8 and 9 of the Rezoning Agreement. Street signs will be ordered and installed by the City and paid for by the developer. PARK DEDICATION: The requirements for park dedication are covered in item 6 of the Rezoning Agreement. BONDING: A performance bond or letter of credit approved by the City Attorney shall be posted, in an amount approved by the City Engineer, to cover the cost of installing municipal utilities, streets, walk- ways and street signs, RECOMMENDATION: Recommend approval of the final plat of Bryant Lake View Estates, subject to the requirements of this report and the following; 1. Receipt of fee for City Engineering services in the amount of $780. 2. Receipt of cash deposit for street lighting in the amount of $984. . :':.7•''.. , . • . ., ' • . • „. . ... • '' ,•,., ' -- . . .- %.•-: '.• • • • ' ' •.',. . ......; .,.:7..,. . ‘ . .. . .. ,,...._ A. Riley- Purgatory .- Creek Watershed District o ; "1 :Ni .., 13950 COUNTY ROAM a4 . .-.•:.! — EDEN' PRAIRIE,MINNESOTA 58343 ,.. P 1 s . August 16, 1979 At ' ._.11, • .:•::::.',::: Mr. Chris Enger • : 1,:r7..:: City Planner . . ' City of Eden Prairie '.::,•!7.; • 8950 Eden Prairie Road . ...,.._ Eden Prairie, Minnesota 55343 Re: BIOff's West Third Addition „.,.._.. • DearMr. Roger: • The engineering advisors to the Board of Managers of Riley-Purgatory ..1-.Y•'.•::-. • Creek Waterithed District have reviewed the preliminary plans as submitted to the Watershed District for the Austad Bluff's Third Addition in Eden Prairie. The following policies and criteria of the Watershed District are applicable • to this project. .,.,T,2 1. In accordance with Section E (2) of the District's Revised Rules • H.' , • and Regulations, a grading and land alteration permit must be : t obtained from the Watershed District for this project. Accompanying this grading and land alteration permit application, a detailed erosion control plan outlining how sedimentwillbe controlled from leaving the altered area on the development site both during ."-:."•7:-- and after construction must he submitted to Mee-Watershed District- for review and approval. 2. Due to the size of this project, the District will require that - the development operations be staged to minimize the areas dis- turbed at any one time. ,--', 3. A detailed storm sewer plan must be submitted to the District for • -•'::...4,.'.-: review and approval. ...„.... - Thank you for the opportunity to comment on this development. If you have any questions regarding the District's comments, please contact us at .."--:";• 920-0655. . • Sincerely! „.., p' j _It . :...,,r-,y,• Rob rt C. Obermmar / . ._. ..,_, BARB DIGIREERUCCO. " Engineers for the District • . ,:,:E ,..... RCO/lv c: Mr. Conrad Piskness • ;":.7.-±?' ( Mr. Fred Richards )4t. Jim Ostenson :'.'•••••',:, . • • MEMO TO: Mayor Penael and Members of the City Council THROUGH: Roger Ulstad, t:i ty Manager FROM: Carl Jullie,.City Engineer DATE: August 31, 1979 SUBJECT: Valley View Rd. and Dell Rd. Improvements I.C. 51-325 ' Attached for your reference are the construction cost breakdowns for the three proposed phases of the Valley View Rd. and Oell Rd. improvements. These figures correspond to those in the Featibility Report received by the Council on August 7, however we have made some revisions in the proposed scope and timing of each phase and we have shifted the costs accordingly. We have talked to RCM Asosc. about the engineering fees for this project and because of the large scope of the work involved, they will agree to provide engineering services for preparation of plans and specifications and to provide staking and inspection services on an hourly rate basis, with the total fees not to exceed 10% of the construction costs, including fees paid to date. We believe this would be fair compensation for these services and recommend approval. The feasibility report indicated a 12% engineering fee, which has been an average cost for past projects. If, for any reason, the City becomes dissatisfied with RCM's performance during Phase I, Phases II and III could be completed by a different con- sultant. During the past two years, BRW, Inc., has been our choice'to provide engin- eering services for road improvement projects. However, at the present time, BRW is quite busy with three other major projects within the City. RCM has an adequate number of competent engineers, technicians and landscape archi- tects (170 total employees) available for this project and I fully anticipate the that their performance will meet or exceed oar requirements for careful, complete design and stringent inspection of the contractor's work. On Wednesday evening, August 15, we had an informal meeting with several of the property owners listed on the preliminary assessment roll. Some of the owners of the large parcels are presently under the "green acres" designation and therefore the proposed assessments would be automatically deferred until the green acres designation is lost. These owners expressed concern that at such time that green acres is lost, the full amount of principal and in- terest so deferred is due within 90 days. They feel this would be a big disadvantatie when selling their property some time in the future. I sug- gested that the Council may be willing to agree to reassess the past due amount over the remaining term of the original levy in order to help soften this impact. Also, Mr. Paul Ratwick, attorney for the School District, was present at the meeting and expressed his approval and satisfaction with the proposed land- scaping, berming, fencing, etc., to be included with the project. '1,13 September 4, 1979 'CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-163 `y RESOLUTION ORDERING IMPROVEMENTS ON VALLEY VIEW RD. 6 DELL RD. (I.C. 51-325 WHEREAS, a resolution of the City Council adopted the 7th day of • Auqul►t, fixed the 4th day of September, 1979, as the date for a public :tearing on the following proposed improvements: r . • I.C. 61-325, Valley View Road west of Co. Rd. 4 and Dell. Road Improvements WHEREAS, all property owners whose property is liable to be ssessed for the making of this improvement were given ten days published ice of the Council hearing through two weekly publications of the re- . } mired notice and the hearing was held and property owners heard on the day of September. 1979; • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCO OF THE CITY OF EDEN PRAI'RIE: 1. Such improvement at above indicated is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement, with the assistance of Rieke Carroll Muller Assoc., Consulting Engineers. " ADOPTED by the City of Eden Prairie on Wolfgang H. Penzel, Mayor ATTEST: Seal ohn D. Frane, Clerk " VALLEY VIEW ROAD EXTENSION ESTIMATED PROJECT COSTS REVISED PHASING SCHEDULE PHASE I Bids: February, 1980 Completion: Roadway - September 1980 Total - November 1980 Estimated Item Const. Cost Valley View Road from County Road 4 to School Entrance Intersection Channelization $170,000 5-Phase Traffic Signals - " 80,000 Excavation and Embankment 75,000 Granular Base & Bituminous Construction 142,000 Concrete Curbing 39,000 Bituminous Walkways 16,400 Chainlink Fence 16,800 Post & Chain Fencing 36,200 Landscaping, Berms, Plantings 75,000 Storm Sewer & Pond 86,000 Seed, Sod, Mulch, Hay Bales 22,200 Connection to School Property 10,100 Land Acquisition 4 000 Subtotal $772;100 10% Contingencies 77,300 Total $850,000 $850,000 Hames Way Excavation & Embankment $ 4,100 Granular Base & Bituminous Construction 23,600 Concrete Curbing 10,800 Concrete Sidewalk 10,500 Storm Sewer 12,700 Seed, Mulch, Hay Bales 6,000 Land Acquisition 5,000 Subtotal $ 72,700 10% Contingencies 7,300 Total $ 80,000 $ 80,000 72nd St. RR Crossing Safety Improvement (Temporary) Excavation & Embankment $ 1,500 Granular Base & Bituminous Construction 12,400 New Ballast, Ties, Etc. 9,000 Seed, Sod Mulch 2,100 Signalized Crossing with Drop Gates 50,000 Subtotal $ 75,000 10% Contingencies 7,500 Total $ 82,500 $ 82,500 TOTAL ESTIMATED PHASE I CONSTRUCTION $1,012,500 2'9K • • PHASE II Bids: April, 1980 - Completion: July, 1981 Estimated Item Coest. Cost Valley View Road from Duck Lake Road to East Side Hidden Ponds Excavation, Embankment, Granular Borrow $ 35,000 Granular Base & Bituminous Construction 71,000 • Tree Removal 5,000 Concrete Curbing . 18,000 Concrete Sidewalk 18,000 ' Sanitary Sewer 30,000 Watermain 29,400 Storm Sewer,-Ponds 24,000 Sod, Seed, Mulch, Hay Bales 10,000 Land Acquisition 16,600 Foundation Materials, Dewatering ' 0.. Subtotal 'a ,, ' a 10% Contingencies 26 500 Total � $291,500 Valley View Road through Hidden Ponds ' Excavation, Embankment $ 2,000 Overlay Existing Bituminous Mat 4,200 Concrete Curbing 3,600 Concrete Sidewalk 8,400 Sewer, Water Services 2,000 • Seed, Sod Subtotal 10% Contingencies 200 Total $ 24,400 Valley View Road through Maple Leaf Excavation, Embankment 15,000 Granular Base & Bituminous Construction 61,400 ' Concrete Curbing 14,500 Concrete Sidewalk 14,500 Seed, Mulch 8,300 Sanitary Sewer 12,500 Watermain 28,500 Storm Sewer 18,600 Subtotal S173,300 10% Contingencies 17 300 Total � $190,600 TOTAL VALLEY VIEW ROAD $506,500 PHASE II (Continued) Estimated. 3 Coast, t • 0011 Road Excavation, Embankment $ 37,000 Oracular e b Bituminous Construction 149,500 Concrete Base 38,400 Concrete Sidewalk 38,E Sewer (Hidden Ponds) Storm Sewer (Maple Leaf) 32,000 ,....',..,Waterma.i'n .. - 6,000 :. . i�ar�r Sewer 12,000 ' .Excavation, Granular Borrow 46,000 L 1 Acquisition 6 A'e' subtotal �.-,Tet 10% Contingencies 430 Duck Lake Road Connection Existing Roadway Obliteration $ 1,500 Excavation b Embankment 13, 00 Granular Gase 8 Bituminous Construction 35,OBO. Concrete Curbing 19,200 • Watermain 24,E SanitarySewer,• '.7'..,'..'.i,-'..,•..'.'.:'...'%"''..,,'..'''...''.',:','',y..'..'',,'.,'-':'-'-,'.4;'':'',-',',-',.-'-','••E,',,:':.i'''7'.,-,'..':''.'...'-....-'-,.'.........'.'7'.',-'•:'„:.',..'.:.....'...',.'7,'':',-',''..F,',',''„'-''.,',,',',.',•-''',,'''',','.::,-i-'.:...':.•,.- Seed, Sod. Mulch, Hay Bales 7,20'- Land Acquisition 'g,y' Subtotal St45,7,4,4 10% Contingencies 160 p,4}yy�� Total `i1:i4,41e94 $16O1000 .. li-:s,..'..z....2..i.,-..'.,7'..,„...,:_„..:!'.7,'. 'Pedestrian Bridge Construction (Three) • $240,000 $240�OT TOTAL PHASE II CONSTRUCTION COST $1,3BS,ra0O , jai- °"" , .. ..: :_'.: ,.:'.:: • • CAMERA OPERATOR'S CERTIFICATE I hereby certify that the microphotographs appearing on this roll of film are true, accurate,and complete copies of the original records described below. Reproductions intended to serve as permanent records comply with standards established by the Minnesota Historical Society. AGENCY OF ORIGIN: CITY OF EDEN PRAIRIE RECORD SERIES: COUNCIL PACKETS INCLUSIVE DATES/NOS: JANUARY 1977 -DECEMBER 1991 ROLL 4 BEGINS WITH: DECCEM.BER 1978 ENDS WITH: AUGUST 1979 2/2/94 DATE CAM RA OPE R'S SIGNATURE CM/ CONCEPT MICRO IMAGING MINNET©NKA.MN PRODUCING LABORATORY CITY/STATE